No. 1

MINUTES OF THE PROCEEDINGS

OF THE

LEGISLATIVE COUNCIL

FIRST SESSION OF THE FORTY-SEVENTH PARLIAMENT

WEDNESDAY, 28 OCTOBER, 1981

1. OPBNINGOF PARLUMENT.-T~~Council met at Two-fifteen p.m., pursuant to Proclamation of His Excellency the Governor. The President took the Chair.

2. PROCLAMATION.-By direction of the President, the Proclamation convening Parliament was read by the Clerk, as follows: PROCLAMATION. By His Excellency Air Marsha1 Sir JAMES ANTHONY "New SOUTHWALES ROWLAND,Knight Commander of the Most Excellent Order of the British Empire, upon whom have been "TO WIT. conferred the decorations of the Distinguished Flying "J. A. ROWLAND, Cross and the Air Force Cross, Knight of Grace of the Most Venerable Order of St John of Jerusalem, Governor. Governor of the State of New South Wales in the Commonwealth of Australia. "IN pursuance of the power and authority vested in me as Governor of the "State of New South Wales by virtue of an Act passed in the second year of "the reign of His late Majesty King Edward the Seventh, being 'an Act to "consolidate the Acts relating to the Constitution,' I do hereby proclaim that "a Session of the Legislative Council and Legislative Assembly for the State of "New South Wales for the despatch of business shall commence and be bolden "on Wednesday, the twenty-eighth day of October, 1981, at 2.15 o'clock in "the afternoon in the buildings known as the Legislative Council Chambers, in "Macquarie Street, in the City of ; and Members of the said Legislative "Council and Legislative Assembly, respectively, are hereby required to give "their attendance at the said time and place accordingly. "Given under my Hand and Seal, at Sydney, this twenty-seventh day of "(L.s.) "Octoher in the year of Our Lord one thousand nine hundred and "eighty-one and in the thirtieth year of Her Majesty's Reign. - "By His Excellency's Command, ". "GOD SAVE THE QUEEN!" 2 MINUTES OF THE PROCEEDINGS OF THE LEGlSLAllVE COUNCIL (28 October, 1981) - Menrbers preserrt.-The Honourable Franca Arcna, A.M., The Honourable Peter Jeremy Baldwin, B.E., B.A., the Honourable George Brenner, the Honourable Donald Ross Burton, the Honourable Francesco Calabro, the Honourable Virginia Anne Chadwick, B.A., Dip. Ed., the Honourable John James Doohan, O.B.E., the Honourable Frederick Norman Duncan, the Honourable Ronald David Dyer, the Honourable Marie Claire Fisher, B.A., Dip. Ed., Litt. B., fhe Honourable Henry Bernard French, the Honourable John Davis Garland, the Honourable Deirdre Mary Grusovin, the Honourable Jack Rowland Hallam, the Honourable Clive Healey, the Honourable Dorothy May Isaksen, the Honourable John Richard Johnson, the Honourable James Kaldis, the Honour- able Richard Weir Killen, the Honourable Norman Leo King, the Honourable Elisabeth Kirkby, the Honourable Delcia Ivy Kite, the Honourable David Paul Lnnda, LL.B., the Honourable William Lloyd Lange, the Honourable Finlay Melrose MacDiarmid, O.B.E., the Honourable John Cyril James Matthews, Reverend the Honourable Frederick John Nile, E.D., L.Th., the Honourable Nathanael Montgome~yOrr, the Honourable Peter Sydney Maitland Philips, LL.B., the Honourable Edward Philip Pickering, B.Sc. (Chem. Eng), M.Atns.I.M.M., F.A.I.E., the Honourable Kenneth Warren Reed, the Honourable William John Sandwith, the Honourable Robert Baron Rowland Smith, the Honourable Louis Adrian Solomons, B.A., LL.B., the Honourable Joe Slater Thompson, A.M., the Honourable Roy Frederick Turner, LL.B., the Honourable Barrie John Unsworth, the Honourable Bryan Henry Vaughan, LL.B., the Honourable Peter Francis Watkins, the Honourable Max Frederick Willis, E.D., LL.B. Members a6sefrt.-Thc Honourable Walter John Holt, LL.B., the Honourable James William Kennedy, the Honourable John Joseph Morris.

3. COMMISSIONTO OPEN PARLIAMENT.-The President acquainted the House that His Excellency the Governor had been pleased to cause a Commission to be issucd under the Public Seal of the State, appointing the Honourable John Richard Johnson, President of the Legislative Council, the Honourable David Paul Landa, LL.B., Minister for Energy, Minister for Water Resources and Vice-President of the Executive Council, and the Honourable Clive Healey, Chairman of Committces, Commissioners, in order to the opening and holding of this Parliament. The Commissioners took their places on the Dais. The President directed the Usher of the Black Rod to let the Legislative Assembly know the Commissioners request the immediate attendance of the Legislative Assembly in this House to hear the Commission for the Opening of Parliament read. And the Assembly being comc- Members of both Houses being seated at the request of the President- The President said-

"HONOURABLEMEMBERS OF THE LEGISLATIVECOUNCII. AND MEMBERSOF THE LEGISLATIVEASSEMBLY- "His Excellency the Governor has been pleased to cause a Commission "to be issued under the Public Seal of the State constituting us Commissioners "to do on behalf of Her Majesty all things necessary to be done in the name of "Her Majesty, or in the name of His Excellency the Governor of the State, in "and about the opening and holding of this Parliament, to deliver a Message to "the Legislative Council and the Legislative Assembly and to do all such other "things as may be specially necessary to enable Parliament to perform acts which "admit of no delay, as will more fully appear by the Commission itself which "must now be read." Whereupon the Clerk, by direction of the President, read the said Commission, as follows: "Elizabeth the Secor~d,by the Grace of God Qlreerr of Aostrolin ond Her other "Realms and Territories, Head of the ComnronweaNh. "To all to whom these presents shall come, "Greeting: "WHEREAS by Proclamatior~madc on thc twenty-seventh day of October, 1981, "His Excellency Air Marshal Sir JAMESANTHONY ROWLAND, Knight Com- "mander of Our Most Excellent Order of the British Empire, upon whom "have been conferred the decorations of the Distinguished Flying Cross 3 MINUTES OF THE PROCEEDINGS OF THE LEGISLATIVE COUNCIL (28 October, 1981)

"and the Air Force Cross, Knight of Grace of the Most' Venerable "Order of St John of Jerusalem, Our Governor of Our State of "New South Wales, in the Commonwealth of Australia, did, in pursuance "of the power and autbgrity vested in him as Governor of Our said State by "virtue of an Act passed in the second year of the reign of His late Majesty "King Edward the Seventh being 'an Act to consolidate the Acts relating to the "Constitution,' proclaim that a Session of the Legislative Council and Legislativc "Assembly for the said State should commence and be holden on Wednesday, the "twenty-eighth day of October, 1981, at the time and place mentioned in the said "Proclamation: AND WHEREAS,for certain causes, Our said Governor cannot "conveniently be present in person at the opening of the said Session of the "Legislative Council and Legislative Assembly of Our said State: Now KNOW "YE, that We, trusting in the discretion, fidelity and care of Our trusty and "well-beloved the Honourable JOHNRICHARD JOHNSON, President of the said "Legislative Council, the Honourable DAVIDPAUL LANDA, LL.B., Minister for "Energy, Minister for Water Resources and Vice-President of the Executive "Council and the Honourable CLNE HEALEY,Chairman of Committees, "Members of the Legislative Council, do with the advice of Our Executive "Council of Our said State, give and grant by the tenor of these presents unto "the said JOHN RICHARDJOHNSON, DAVID PAUL LANDA and CLNE HEALEYor "any two of them, full power in Our name to open and hold the said Session "of the said Legislative Council and Legislative Assembly on the said twenty- "eighth day of October, 1981, or subsequent day, or in the name of Our "Governor of Our said State in and about the opening and holding of the said "Parliament, to deliver messages to the Legislative Council and to the Legislative "Assembly, and to do all such things as may he specially necessary to enable "Parliament or the said Legislative Council or the said Legislative Assembly to "perform acts which admit of no delay: Commanding also by the tenor of these "presents all whom it concerns to meet in the said Parliament, that to the said "JOHN RICHARDJOHNSON, DAVID PAUL LANDA and CLIVEHEALEY, or any two "of them, they diligently attend in the premises in the form aforesaid. "IN TESTIMONYWHEREOF, We have ca~lsedthese Our Letters to he made "Patent, and the Public Seal of Our said State to he hereunto affixed. "WITNESSOLI~ Trusty and Well-beloved Air hfarshal Sir JAMESANTHONY "ROWLAND,Knight Commander of Our Most Excellent Order of the British "Empire, upon whom have been conferred the decorations of the Distinguished "Flying Cross and the Air Force Cross, Knight of Grace of fie Most Venerable "Order of St John of Jerusalem, Our Governor of Our State of New South "Wales in the Commonwealth of Australia, at Sydney, in Our said State this "twenty-seventh day of October in the year of Our Lord one thousand nine "hundred and eighty-one, and in the thirtieth year of Our Reign. "J. A. ROWLAND, "Governor. "By His Excellcncy's Command, "NEVILLE WRAN."

4. COMMISSIONER'SMESSAGE TO THE COUNCILAND ASSEMBLY.-T~~President then said- "HONOURABLEMEMBERS OF THE LEG~SLATIVECOUNCIL AND MEMBERS OF THE LEOISLATIVEASSEMBLY- "We have it in command from His Excellency the Governor to acquaint you that His Excellency desires that you take into your earnest consideration such matters as may be submitted to you.

MEMBERSOF THE LEGISLATIVEASSEMBLY- It being necessary that a Speaker of the Legislative Assembly be first chosen, it is His Excellency's pleasure that you, Members of the Legislative Assembly, repair to your Chamber, and there, after Members shall have been sworn, proceed to the election of one of your number to be your Speaker. We are further commanded to acquaint you that His Excellency desires that such measures he taken by you as may be deemed expedient to provide for the public services of the State." The Assembly then withdrew. 4 MINUTES OF THE PROCEEDINGS OF THE LEGISLATIVE COUNCIL 128 October. 1981)

5. MEMBERSELECTED AT THE SECOND PERIODICCOUNCIL ELECTION.-T~~ Clerk announced to the House that he had received the Writ for the Second Periodic Council Election, held on 19 September, 1981, which was returned to His Excellency the Governor, endorsed with the names of the following Members who were elected at that election- Landa, David Paul Willis, Max Frederick Nile, Frederick John Hallam, Jack Rowland Doohan, John James Gadand, John Davis Pickering, Edward Phillip French, Henry Bernard Matthews, John Cyril James Arena, Franca Killen, Richard Weir Brenner, George Reed, Kenneth Warren Vaughan, Bryan Henry Kirkhy, Elisaheth

6. COMMISSIONTO ADMINISTERTHE OATH OR AFFIRMATIONTO MEMBERS.-The Clerk announced to the House that His Excellency the Governor had been pleased to cause a Commission to be issued under the Public Seal of the State authorising the Honourable John Richard Johnson, President of the Legislative Council, the Honourable David Paul Landa, LL.B., Minister for Energy, Min- ister for Water Resources and Vice-President of the Executive Council, and the Honourable Clive Healey, Chairman of Committees of the Legislative Council, to administer to all or any Members or Member of the Legislative Council the Oath or Affirmation of Allegiance to Her Majesty the Queen, which Commission was read by the Clerk as follows: "By His Excellency Air Marshal Sir James Anthony Rowland, Knight Com- "mander of the Most Excellent Order of the British Empire, upon whom have "been conferred the decorations of the Distinguished Flying Cross and the Air "Force Cross, Knight of Grace of the Most Venerable Order of St. John of "Jerusalem, Governor of the State of New Sol~thWales in the Commonwealth "of Australia. "To all to whom these presents shall come, "Greeting: "In pursuance of the authority in me Vested in that behalf, I, Sir JAMES "ANTHONYROWLAND, as Governor of the State of New South Wales, do, with "the advice of the Executive Council thereof, hereby authorise the Honourable "JOHN RICHARDJOHNSON, M.L.C., President of the Legislative Council, the "Honourable DAvm PAULLANDA, LL.B., M.L.C., Minister for Energy, Minister "for Water Resources and Vice-President of the Executive Council. and the "Honourable CLW HEALEY,M.L.C., Chairman of Committees of the ~egislative "Council. or anv one or more of them, to administer to all or any Members or "~embeiof thk Legislative Council of the said State the Oath or Affirmation "of Allegiance to Her Majesty the Queen, required by law to be taken or made "and subscribed by every such Member before he shall be permitted to sit or "vote in the said Legislative Council. "Given under my Hand and the Public Seal of the State, at Sydney, in "the State of New South Wales, aforesaid, this twenty-seventh day of October "in the year of Our Lord one thousand nine hundred and eighty-one and in the "thirtieth year of Her Majesty's Reign. (L.s.) "J. A. ROWLAND, "Governor. "By His Excellency's Command, "NEVILLE WRAN," - MINUTES OF THE PROCEEDINGS OF THE LEGlSLATIVE COUNCIL (28 October, 1981)

7. MEMBERS SWORN.-The President administered the Oath or Affirmation of Allegiance to the Honourable David Paul I.anda, who then subscribed the Roll at the Table. The following Members then took the Oath or made an Affirmation of Allegiance before the Commissioners, and subscribed the Roll at the Table: The Honourable Max Frederick Willis. The Honourable Frederick John Nile. The Honourable Jack Rowland Hallam. The Honourable John James Doohan. The Honourable John Davis Garland. The Honourable Edward Phillip Pickerinp. The Honourable Henry ~crnard~rench. - The Honourable John Cvril James Matrhcws. The Honourable Francs-~rena. The Honourable Richard Weir Killen. The Honourable George Brenner. The Honourable Kenneth Warren Reed. The Honourable Bryan Henry Vaughan. The Honourable Elisabeth Kirkby. The Commissioners withdrew and the President resumed the Chair.

9. ASSENT TO BILLS.-The President reported the receipt of Messages from His Excellency the Governor, intimating Assent to the following Bills of last Session: Act No. 1981 27 August, 1981 Constitution (Referendum) ...... 96 Constitution (Referendums) Amendment ...... 97 Election Funding (Amendment) ...... 98 Pay-roll Tax (Amendment) ...... 99 Supply ...... 100

10. DEATH OF THE HONOURABLEFERGUS JOFN DARLING.-The President said- The sad duty devolves on me of announcing to the House the decease, on 3 October, 1981, of the Honourable Fergus John Darling. Mr Landa moved, That this House desires to express and to place on record its deep sense of the loss sustained to the State and this House in the removal, by death, of the Honourable Fergus John Darling, and that this Resolution be communicated to the widow and family of the decesed Member. And certain Honourable Members having addressed the House in eulogy of the deceased- Question put and passed unanimously-Members and Officers of the House standing.

11. VACANTSEAT IN THE LEGISI.ATIVECOUNCIL-DEATH OF THE HONOURABLEFERGUS JOHNDARLING.- (1) The President announced to the House the receipt from the Principal Registrar of Births, Deaths and Marriages of a certified copy of an entry made in the Register of Deaths, Sydney, recording the death of the Honourable Fergus John Darling on 3 October, 1981, and that an entry recording his death had been made in the Register of Members of the Legislative Council. (2) The President also announced that, in accordance with the provisions of section 220 (6) of the Constitution Act, 1902, His Excellency the Governor had been notilied that the seat of the Honourable Fergus John Darling became vacant before the expiration of his term of service, through his death on 3 October, 1981, which notification had been duly acknowledged by His Excellency. MINUTES OF THE PROCEEDINGS OF THE LEGISLATIVE COUNCIL (28 October, 1981)

12. DEATHOF THE HONOURABLESIR ROBERTWILLIAM ASKIN, G.C.M.G., A FORMER PREMIERAND TREASUREROF NEW SOUTHWALES.-Mr Landa moved, That the Honourahle the President be requested to communicate to Lady Askin the profound sympathy and sorrow of the Legislative Council of New South Wales on the decease of her distinguished husband, the Honourable Sir Robert William Askin, G.C.M.G., a former Premier and Treasurer of this State. And certain Honourable Memhcrs having addressed the House in eulogy of the deceased- Question put and passed unanimously-Members and Officers of the House standing.

13. MINISTERIALSTATEMENT-NEW ADMINIST~ATION.-MT Landa informed the House that on 2 October, 1981, His Excellency the Governor accepted the resignation of the Honourable Neville Kenneth Wran, Q.C., M.P., as Premier and Treasurer and as a Member of the Executive Council, which action involved the resignation of the whole of his colleagues; and that His Excellency had thereupon commissioned the Honourable Neville Kenneth Wran, Q.C., M.P., to form a Government, and that the following gentlemen were appointed and sworn in by His Excellency on 2 October, 1981, as Members of the Ministry- The Honourable Neville Kenneth Wran, Q.C., M.P., Premier and Minister for Mineral Resources; The Honourable Laurie John Ferguson, M.P., Deputy Premier, Minister for Public Works and Minister for Ports; The Honourable Peter Francis Cox, M.P., Minister for Transport; The Honourable Francis John Walker, Q.C., M.P., Attorney-General, Minister of Justice and Minister for Aboriginal Affairs; The Honourable Patrick Darcy Hills, M.P., Minister for Industrial Relations and Minister for Technology; The Honourable David Paul Landa, LL.B., M.L.C., Minister for Energy, Minister for Water Resourccs and Vice-President of the Executive Council; The Honourable Kenneth George Booth, M.P., Treasurer; The Honourable Donald Day, M.P., Minister for Industrial Development and Minister for Decentralisation; The Honourable Rex Frederick Jackson, M.P., Minister for Corrective Services; The Honourable Eric Lance Bedford, B.A., M.P., Minister for Planning and Environment; The Honourable Kevin James Stewart, M.P., Minister for Youth and Com- munity Services; The Honourable Ronald Joseph Mulock, LL.B., M.P., Minister for Education; The Honourable Alan Robert Lindsay Gordon, M.P., Minister for Local Government andMinister for Lands; The Honourable Jack Rowland Hallam, M.L.C., Minister for Agriculture and Fisheries; The Honourable Terence William Sheahan, B.A., LL.B., M.P., Minister for Housing, Minister for Co-operative Societies and Minister Assisting the Premier; The Honourable Laurence John Brereton, M.P., Minister for Health; The Honourable Peter Thomas Anderson, M.P., Minister for Police and Minister for Services; The Honourable Michael Arthur Cleary, M.P., Minister for Sport and Recreation and Minister for Tourism; The Honourable Paul Francis Patrick Whelan, LL.B., M.P., Minister for Consumer Affairs and Minister for Roads.

14. LEADERAND DEPUTY LEADEROF THE GOVERNMENT.-Mr Landa informed the House that on 30 September, 1981, he had been re-elected Leader of the Government in the Legislative Council and that the Honourable Jack Rowland Hallam had been re-elected Deputy Leader of the Government. MI Lange offered congratulations to MI Landa and Mr HaUam. Mr Landa acknowledged the expressions. MINUTES OF THE PROCEEDINGS OF THE LEGISLATIVE COUNCIL (28 October. 1981)

15. LEADERAND DEPUTYLEADER OF THE OPPOSITION.-Mr Lalige informed the House that on 20 October, 1981, he had bcen elected Leader of the Opposition in the Legislative Council and that on 28 October, 1981, the Honourable Robert Baron Rowland Smith had been re-elected Deputy Leader of the Opposition. Mr Landa offered congratulations to Mr Lange and Mr Smith. Mr Smith acknowledged the expressions.

16. GOVERNMENTWHIP.-Mr Landa informed the House that on 30 September, 1981, the Honourable Donald Ross Burton had been elected as Government Whip in the Legislative Council. MI La~igeoffered congratulatio~isto Mr Burton. Mr Burton acknowledged the expressions.

17. OPPOSITIONWHIP.-Mr Lange informed the House that on 20 October? 1981, the Honourable William John Sandwith had been elected as Opposition Whip in the Legislative Council. Mr Landa offered congratulations to MI Sandwith. Mr Sandwith acknowledged the expressions.

18. CHAIRMANOF COMMITTEES~USPENSIONOF CERTAIN STANDING ORDERS.-MI Landa moved, as a matter of necessity and withoirt previous Notice, That so much of the Stalidilig Orders be suspended as would preclude the appointment of a Chairman of Committees of the Whole House forthwith. And no objection being taken- Question put and passed.

19. CHAIRMANOF COMMITTEES.-MI Landa moved, That the Honourable Clive Healey be Chairman of Committees of the Whole House. Question put and passed. Mr Healoy made his acknowledgments to the House.

20. TEMPORARYCHAIRMEN OF COMMITTEES.-PU~SU~~~to !he Standing Order in that behalf, the President nominated the Honourable Joe Slater Thompson, the , Honourable Dorothy May Isaksen and the Honourable Fralicesco Calabrn to act as Temporary Chairmen of Committees during the present Session of Parliament.

21. Pro Forind BILL-LAW OF EVIDENCE BILL.-MI Landa having presentcd a Bill and moved, That this Bill be now read a first tinie- Question put and passed. And Bill, intituled "A Bill to amend the Low of Evidence", read a first time.

22. PAPERS.-Mr Hallam laid upon the Table the undermentioned Papers: (1) Auctioneers and Agents Act, 1941- (a) Regulations 16, 54A, 588, 66~to 66~, 71 to 73, Form 31a, Schedules 2, 3, 4; Amendment of Regulations 10, 19, 22, 23, 27, 36, 48, 49, 50, ~OA, 52, 53, 55, 57, 58, 62, Forms 24, 29, 31, Schedule 2; Substitution of Regulations 2, 21, 56, 66, Forms 1, IA, 2, 3, 4, 8, SA, 9, 10, 11, 15; Omission of Regulations ll~,14, 47~,51, Forms In, 3~,5, 5a, 6, 7, 12, 13, 14, 16. (b) Auctioneers and Agents (Remuneration) Regulation, 1981--Clauses 1 to 7, Schedule 1. (2) Clean Air Act, 1961--Clean Air Regulations, 1964-Amendment of Regu- lation 16. (3)' Clean Waters Act, 1970-Clean Waters Regulations, 1972Substitution of Regulation 14. 8 MINUTES OF THE PROCEEDINGS OF THE LEGISLATIVE COUNClL (28 Oclober, 1981)

(4) Consumer Protection Act, 1969-Consumer Protection (Safer Goods) Regulation, 1976-Substitution of Part 111. (5) Irrigation Act, 1912-Irrigation (General) Regulations-Amendment of Regulation 3A. (6) Noise Control Act, 1975-Noise Control Regulation, 1975-Part VII; Amendment of Clause 2a, Schedule 1. (7) Public Works Act, 1912-Chalicy Dam Act, 1974-Notification of acquisi- tion of land for construction of dam across Peel River-Shire of Nundle. (8) Public Works Act, 1912-Electricity Commission Act, 1950-Notification of acquisition of easements for- (a) Transmission lines- (i) Gosford-Ourimbah No. I-Shire of Wyong. (ii) Moruya-NaroomaShire of Eurobodalla. (iii) Sydney South-Kumell-Shire of Sutberland. (iv) Vales PointSydney North No. l-Shire of Hornsby. (v) Wallerawang-Beryl-Shire of Rylstone. (b) Mount Piper Power Station, Wallerawang Power Station--City of Greater Litbgow. (9) Public Works Act, 1912-Irrigation Act, 1912-Notification of acquisition of land for works in connection with the Colleambally Irrigation Area. (10) Public Works Act, 1912-Main Roads Act, 1924-Notification of acquisition of land for- (a) Main Roads at Cbarlestown, Purfleet, Singleton. (b) Public Roads at Dundas, Goondiwindi, Lane Cove. (11) River Murray Waters Act, 1915-River Murray Traffic Regulations- Regulations 1, 4, 6, 12, 18, 21, 22; Omission of Regulations 15, 16, 17, 19; Substitution of Regulations 7, 8, 9, 10, 1 I, 13, 14, 20, Schedule. (12) Water Act, 1912-Amendment of Regulation 15~. (13) Water Resources Commission Act, 1976-Report of Commission for year ended 30 June, 1981. (14) Zoological Parks Board Act, 1973-Reports of Board for years ended 30 June, 1977, 1978, 1979, 1980.

24. DIVISION BELLS.-Mr Landa movcd, by coiiser~t,That during the present Session, unless otherwise ordered, and notwithstanding anything contained in the Standing Orders, when a Quorum is required to be formed, or before the doors are to be locked after a Division is demanded, the Minute-glass shall be turned and the Division Bell rung for a period of five minutes; provided that, when a Division is followed by a subsequent Division, the Chair may order the Bell to be rung for one minute only, if there be no objection. Question put and passed.

(1) Mr Landa moved, That tbis House at its rising today do adjourn until tomorrow at 2.30 p.m., shnrp. Question put and passed. (2) Mr Landa then moved, That tbis House do now adjourn. Debate ensued-Safety of G.M.H. "Commodore" vehicles. Question put and passed. The House adjourned accordingly, at Five o'clock p.m., until Thursday, 29 October, 1981, at Two-thirty p.m., sharp. L. A. JECKELN, Clerk of the Parliaments. MINUTES OF THB PROCEEDINGS OF THE LEGISLATIVE COUNCIL (28 October, 1981)

NOTICES OF QUESTIONS AND MOTIONS AND 'ORDERS OF THE DAY

[ME?do.-The House meet this day at Two-thirty p.m., sharp.]

QUESTIONS:

1. Mr Dyer to ask THE MINISTERFOR ENERGY,MINISTER FOR WATERRESOURCES AND VICE-PRESIDENTOF THE EXECUTIVECOUNCIL (28 October, 1981)- (1) Does the Juvenile Smoking Suppression Act, 1903, 6x the penalty for . selling tobacco to persons under sixteen years of age at a maximum of five pounds? (2) Is this penalty regarded as adequate to deter persons who might otherwise breach the provisions of the Act, having regard to present day money values? (3) In each of the last five years, how many- (a) prosecutions; and (b) convictions, have been commenced and secured respectively for breaches of the Act? (4) Wiil the Minister give considerakion to the preparation of amending legislation to both update existing penalties and improve methods of enforcing the Act if experience has shown this to be either necessary or desirable in the public interest? (5) Will the Minister also consider whether it might be a more satisfactory administrative arrangement for the Juvenile Smoking Suppression Act, 1903, to be the responsibility of the Minister for Health, so that the Act could then be enforced as part of the overall anti-smoking initiatives of the Health Commission of New South Wales?

2. Mr Dyer to ask THE MINIsTBR FOR ENERGY,MINISTER FOR WATERRESOURCES AND VICE-PRESIDENTOF THE EXECUTIVECOUNCIL (28 October, 1981)- (1) Can the Minister confirm that there has been a steady and marked decline in the number of high school students studying modern languages other than English? ' (2) What, in the Minister's view, are the reasons for the lower number of students studying foreign languages in secondary schools? (3) What is the policy of the Department of Education and the Board of Senior School Studies regarding the teaching of modem languages other than English to secondary students? (4) Has the decline in the number of students taking language courses led to an over-supply of teachers of modem languages other than English? If so,. are those teachers, who could possibly be regarded as being surplus to normal teaching requirements, continuing to teach modem languages to smaller classes or are such teachers now teaching other subjects with a resulting loss of their teaching proficiency in modern languages? (5) Has any consideration been given to commencing the teaching of modern foreign languages to primary school students? If so, have any pilot courses been conducted and how successful were they in practice?

3. Mr Dyer to ask THE MINISTERFOR ENERGY,MINISTER FOR WATERRESOURCES AND VICE-PRESIDENT OF THE EXECUTWCOUNCIL (28 October, 1981)- (1) Did the Minister state on 22 October, 1980, in reply to a question by me, that the Department of Motor Transport only commenced recording statistical information on LPG vehicles at the beginning of 1980 in respect of newly registered and converted vehicles and that it would be virtually impossible at that stage to provide an accurate figure as to how many such vehicles are at present in operation? 10 MINUTES OF THE PROCEEDINGS OF THE LEGISLATIVE COUNCIL (28 October, 1981) I (2). Can the Miier now specify the total number of- (a) newly registered; and (b) converted LPG vehicles in New South Wales as at 31 December, 19801 (3) Of the total number of newly registered and converted LPG vehicles, how many are- (a) taxi cabs; (b) commercial vehicles; and (c) private motor cars?

4. Mr Dyer to ask THE MINISTERFOR ENERGY,MINISTER FOR WATERRESOURCES AND VICE-PRESIDENTOF THE EXECUTIVECOUNCIL (28 October, 1981)- (1) Did the Australian Parliament earlier this year enact amendments to the Aots ,Interpretation Aot (Commonwealth), which have the object of encourag- ing the Courts to adopt a purposive rather than a literalist approach to the interpretation of statutes? (2) Does the Government intend to amend the Interpretation Act, 1897, to provide that the Courts in interpreting an Act of Parliament should prefer a construction which would promote the purpose or object underlying the Act?

5. Reverend Nile to ark THE MINISTER FOR ENERGY,MINISTER FOR WATER RESOURCES ANLI VICE-PRESIDENT OF THE EX@CUTIVECOUNCIL (28 October, 1981)- What action does the Attorney-General propose to take under the existing anti-abortion pro-life laws to protect the lives of the unborn children of New South Wales and to prevent illegal abortions?

6. Reverend Nile to ask THE MINISTERFOR ENERGY,MINISTER FOR WATER RESOURCES AND VICE-PRESIDENTOF THE EXECUTIVE COUNCIL (28 October, 1981)- (1) Following the brutal murders of two alleged homosexuals, John Parkes, aged 41, and Gerald Cuthbert, aged 27, by alleged homosexuals, what steps does the Attorney-General propose to take to protect the homosexual com- munity from this type of terror? (2) Does the Attorney-General propose to increase controls dver the so-called gay bars in %dney? (3) What does the Minister propose to do to enforce the existing Crimes Act which makes the abominable crime of buggery (sodomy) an offence?

7. Reverend Nile to ask Tm MINISTERFOR ENERGY,MINISTEX FOR WATER RESOURCES AND VICE-PRESIDENT OF THE EXECUTNECOUNCIL (28 October, 1981)- As the Coroners Act, 1980, now permits a coroner to hold an inquest if there is reasonable cause to suspect that a person has died, would the Minister ask his colleague the Minister for Police and Services to advise as a matter of urgent public interest the early anticipated date of an inquest into the death of the anti-drug campaigner Donald Mackay?

8. Reverend Nile to ask THE MINISTERFOR ENERGY,MINISTER FOR WATER RESOURCES AND VICE-PRESIDENTOF THE &!2cUTNE COUNCIL(28 October, 1981)- (1) Is the Mister for Police aware that a Catholic religious, Brother Patrick Darcy, was assaulted outside the Preterm Foundation Clic in Cooper Lane, Surry Hills, on 15 October, 19811 (2) Did his call for police assistance result in him being charged with being on enclosed land without permission? (3) Why has no action been taken against the five staff members of Preterm who allegedly assaulted Brother Patrick? (4) What action does the Attorney-General propose to take in this mqtter? MINUTES OF THE PROCEEDINGS OF TEE LEGISLATIVE COUNCIL (28 October, 1981)

9. Reverend Nile to ask THE MINISTERFOR ENERGY,MINISTER FOR WATER RESOURCES AND VICE-PRESIDENTOF THE EXECUTIVECOUNCIL (28 October, 1981)- (1) In view of the fact that the New South Wales Teachers' Federation, 300 Sussex Street, Sydney, are openly selling a schoolchildren's textbook entitled "Young, Gay and Proud" for $1.50 per copy which encourages children and adults to breach the existing law concerning sodomy (buggery), pages 39 to 41, by explicit instructions to share in perverse acts, will the Minister for Education inshct the New South Wales Teachers' Federation and other similar education bodies to withdraw this publication immediately from sale or free distribution? (2) Will the Minister for Education take action to ensure this publication, or any similar publication, is not used or available in any New South Wales school or educational institution?

CONTINGENT NOTICES OF MOTIONS: Mr Landa to move--contingent on the State Bank (Amendment) Bill being presented by the Legislative Assembly to the Legislative Council for its con- currence and having been read by the Council the first time-That so much of the Standing Orders be suspended as would preclude the passing of the Bill through all its remaining stages during the present or any one sitting of the House. [Notice given at 4.44 p.m., Wednesday, 28 October, 1981.1

BUSINESS OF THE HOUSE-NOTICES OF MOTIONS: 1. Mr Landa to move That, unless otherwise ordered, this House shall meet for the despatch of business at Four p.m. on Monday, Tuesday, Wednesday and Friday and at Two p.m. on Thursday in each week. 2. MI Landa to move-- That Government Business shall take precedence of General Business on Monday, Tuesday, Wednesday and Friday, and that General Business shall take precedence on Thursday in each week.

GENERAL BUSINESS--NOTICES OF MOTIONS: 1. Mr Thompson to move- That the Federal Government he condemned for increasing sales tax on a large range of items and levying new sales tax on essential items such as clothing, footwear and building materials.

BY AUTHORITY D. WST. GOVBRNMaNT PRINTER. NIW SOUTH WALBS. 1981