Legislative Assembly of Victoria
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LEGISLATIVE ASSEMBLY OF VICTORIA VOTES AND PROCEEDINGS Nos 15, 16, 17 and 18 No 15 — Tuesday 30 April 2019 1 The House met according to the adjournment — The Speaker took the Chair, read the Prayer and made an acknowledgement of Country. 2 DEATH OF GIOVANNI ANTONIO SGRO — The Speaker announced the death of Giovanni Antonio Sgro, Member of the Legislative Council for the Province of Melbourne North from 1979 to 1992; and members rose in their places as a mark of respect to the memory of the deceased. 3 PORT CAMPBELL LIFESAVERS — By leave, members made statements about Ross Powell and Andrew Powell, who died while rescuing a tourist near Port Campbell on Sunday 21 April 2019; and members rose in their places as a further mark of respect to the memory of the deceased. 4 SRI LANKA TERROR ATTACKS — Motion made, by leave, and question — That this House: (1) offers its deep and sincere condolences to the families, friends and loved ones of the innocent victims whose lives were tragically taken in the Sri Lankan bombings on Easter Sunday 21 April 2019; (2) extends its sympathy and support to the families, friends and loved ones of the Victorian victims; (3) sends a message of solidarity to Victoria’s Sri Lankan community, and communities around the world; (4) condemns all forms of violence and terrorism; and (5) reaffirms its unwavering commitment to a strong multicultural and multifaith Victoria (Mr Andrews) — members and the Speaker addressed the House in support, and the motion was agreed to unanimously with members rising in their places to signify their assent. 5 ADJOURNMENT — Motion made, by leave, and question — That, as a further mark of respect to the memory of the Port Campbell lifesavers and the victims of the Sri Lankan bombings, the House now adjourns until 3.30 pm (Mr Andrews) — put and agreed to. 104 Legislative Assembly of Victoria And the House, at 2.14 pm, adjourned until 3.30 pm. BRIDGET NOONAN COLIN BROOKS MP Clerk of the Legislative Assembly Speaker No 16 — Tuesday 30 April 2019 (3.30 pm) 1 The House met according to the adjournment — The Speaker took the Chair. 2 QUESTION TIME — (Under Sessional Order 9). 3 OWNER DRIVERS AND FORESTRY CONTRACTORS AMENDMENT BILL 2019 — Mr Pallas obtained leave to bring in ‘A Bill for an Act to amend the Owner Drivers and Forestry Contractors Act 2005 and for other purposes’; and the Bill was read a first time and ordered to be read a second time tomorrow. 4 PUBLIC HEALTH AND WELLBEING AMENDMENT BILL 2019 — Mr Foley obtained leave to bring in ‘A Bill for an Act to amend the Public Health and Wellbeing Act 2008 in relation to HIV testing and to make minor miscellaneous amendments and for other purposes’; and, after debate, the Bill was read a first time and ordered to be read a second time tomorrow. 5 PETITIONS — The Clerk announced that the following petitions had been lodged for presentation: Hawthorn to Box Hill Cycle/Pedestrian Path — Requesting that the Legislative Assembly constructs a shared cycle/pedestrian path from the Yarra River at Hawthorn to Box Hill, and that the Surrey Hills/Mont Albert level crossing removals on the route provide a level of service for walking and cycling equal to that provided for motorised vehicles, bearing 18 signatures (Mr Hamer) Skyrail on the Upfield Train Line — Requesting that the Legislative Assembly abandons plans for an elevated skyrail on the Upfield line, and continue with level crossing removal works by putting rail under the road, bearing 809 signatures (Dr Read) Kaufland Superstore Development — Requesting that the Legislative Assembly calls on the Minister for Planning to abandon any further consideration of the proposal to develop a Kaufland Superstore at 1158 Nepean Highway, Mornington, bearing 545 signatures (Mr Morris). Petitions ordered to be tabled. Votes and Proceedings 30 April, 1 and 2 May 2019 105 6 DOCUMENTS SCRUTINY OF ACTS AND REGULATIONS COMMITTEE — Ms Kilkenny presented the Alert Digest No 5 of 2019 from the Scrutiny of Acts and Regulations Committee on the: Justice Legislation Miscellaneous Amendment Act 2018 (House Amendment) Professional Engineers Registration Bill 2019 Sale of Land Amendment Bill 2019 Water and Catchment Legislation Amendment Bill 2019 West Gate Tunnel (Truck Bans and Traffic Management) Bill 2019 together with appendices. Ordered to be published. PUBLIC ACCOUNTS AND ESTIMATES COMMITTEE — Mr Riordan, Deputy Chair, presented a report from the Public Accounts and Estimates Committee on the appointment of a person to conduct the financial audit of the Victorian Auditor-General’s Office, together with an appendix. Ordered to be published. REPORT OF PARLIAMENTARY BUDGET OFFICE OPERATIONS — Mr Riordan, Deputy Chair, Public Accounts and Estimates Committee, presented the Report of PBO operations for the 2018 Victorian general election. Ordered to be published. DOCUMENTS TABLED UNDER ACTS OF PARLIAMENT — The Clerk tabled the following documents under Acts of Parliament: Land Acquisition and Compensation Act 1986 — Certificate under s 7 Ombudsman — Fines Victoria complaints — Ordered to be published Planning and Environment Act 1987 — Notices of approval of amendments to the following Planning Schemes: Ararat — GC122 Ballarat — GC122 Bayside — C150 Boroondara — C309 Brimbank — C205 Casey — C204, GC120 Golden Plains — GC122 Hepburn — GC122 Hindmarsh — GC122 Horsham — GC122 106 Legislative Assembly of Victoria Hume — GC120 Knox — C164, C172 Melbourne — C347, C351 Mildura — C100 Part 2 Mitchell — C123 Moorabool — GC122 Mornington Peninsula — C216, C251 Northern Grampians — GC122 Pyrenees — GC122 Southern Grampians — C51 Stonnington — C283 Surf Coast — C120 Victoria Planning Provisions — VC156, VC157 West Wimmera — GC122 Whittlesea — C217, C223 Wodonga — C121 Yarriambiack — GC122 Statutory Rules under the following Acts: Corrections Act 1986 — SR 27 County Court Act 1958 — SRs 28, 29 Electricity Safety Act 1998 — SR 17 Fines Reform Act 2014 — SR 16 Freedom of Information Act 1982 — SR 25 Magistrates’ Court Act 1989 — SR 24 Members of Parliament (Standards) Act 1978 — SR 23 Supreme Court Act 1986 — SRs 19, 20, 21 Transport (Compliance and Miscellaneous) Act 1983 — SR 22 Victorian Civil and Administrative Tribunal Act 1998 — SR 18 Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards Act 2019 — SR 26 Subordinate Legislation Act 1994: Documents under s 15 in relation to Statutory Rules 2, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 28, 29 Documents under s 16B in relation to: Gambling Regulation Act 2003 — Notice under section 3.6.5A, fixing the value of the supervision charge National Electricity (Victoria) Act 2005 — 2019 Ministerial Order under s 16BA. PROCLAMATIONS — The Clerk tabled the following proclamations fixing operative dates under Sessional Order 16: Domestic Animals Amendment (Puppy Farms and Pet Shops) Act 2017 — Section 109 — 1 May 2019; ss 100, 104 and 108 — 3 June 2019 (Gazette S145, 16 April 2019) Votes and Proceedings 30 April, 1 and 2 May 2019 107 Justice Legislation Amendment (Access to Justice) Act 2018 — Remaining provisions of Part 6 — 12 April 2019 (Gazette S135, 9 April 2019) Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 — Sections 15, 19, 23, 32, 33 and 34, Parts 2 and 5 (other than sections 72, 73, 74 and 75) and Division 1 of Part 4 — 29 March 2019 (Gazette S114, 26 March 2019) Residential Tenancies Amendment Act 2018 — Part 1, ss 5(6), 123, 124 and 235 and Division 1 of Part 17 — 3 April 2019 (Gazette S128, 2 April 2019). 7 MESSAGES FROM THE LEGISLATIVE COUNCIL — Agreeing to the following bills without amendment: Energy Legislation Amendment (Victorian Default Offer) Bill 2019 Transport Legislation Amendment (Better Roads Victoria and Other Amendments) Bill 2018 West Gate Tunnel (Truck Bans and Traffic Management) Bill 2019. 8 MESSAGE FROM THE GOVERNOR — ASSENT TO BILLS — Informing the Legislative Assembly that she had, on 26 March 2019, given the royal assent to the following bills, presented to her by the Clerk of the Parliaments: Energy Legislation Amendment (Victorian Default Offer) Bill 2019 Transport Legislation Amendment (Better Roads Victoria and Other Amendments) Bill 2018 West Gate Tunnel (Truck Bans and Traffic Management) Bill 2019. 9 MESSAGE FROM THE GOVERNOR — Recommending an appropriation for the purposes of the Water and Catchment Legislation Amendment Bill 2019. 10 ELECTORAL MATTERS COMMITTEE — Motion made, by leave, and question — That Ms Blandthorn, Ms Hall, Dr Read and Ms Spence be members of the Electoral Matters Committee (Ms Allan) — put and agreed to. 11 GOVERNMENT BUSINESS PROGRAM — Motion made and question — That, under SO 94(2), the Orders of the Day, Government Business, relating to the following items be considered and completed by 5.00 pm on Thursday 2 May 2019: Address-in-Reply to the Governor’s Speech Guardianship and Administration Bill 2018 Professional Engineers Registration Bill 2019 Sale of Land Amendment Bill 2019 (Ms Allan) — after debate, put. The House divided (the Speaker, Mr Brooks, in the Chair) — AYES 57 Juliana Addison; Jacinta Allan; Daniel Andrews; Lizzie Blandthorn; Chris Brayne; Josh Bull; Anthony Carbines; Ben Carroll; Darren Cheeseman; Sarah Connolly; Christine Couzens; Jordan Crugnale; Ali Cupper; Lily D’Ambrosio; Steve Dimopoulos; Luke Donnellan; Paul Edbrooke; Maree Edwards; John Eren; Martin Foley; Will Fowles; Matt 108 Legislative Assembly of Victoria Fregon; Danielle Green; Bronwyn Halfpenny; Katie Hall; Dustin Halse; Paul Hamer; Jill Hennessy; Sam Hibbins;