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Legislative Council 168 LEGISLATIVE COUNCIL Wednesday 24 May 2006 ______ The President (The Hon. Dr Meredith Burgmann) took the chair at 11.00 a.m. The Clerk of the Parliaments offered the Prayers. JUDICIAL OFFICERS AMENDMENT BILL SUMMARY OFFENCES AMENDMENT (DISPLAY OF SPRAY PAINT CANS) BILL Bills received. Leave granted for procedural matters to be dealt with on one motion without formality. Motion by the Hon. John Della Bosca agreed to: That these bills be read a first time and printed, standing orders be suspended on contingent notice for remaining stages, and the second readings of the bills stand as orders of the day for a later hour of the sitting. Bills read a first time and ordered to be printed. RESTORATION OF BUSINESS OF THE PREVIOUS SESSION Committee Reports Motion by the Hon. Tony Kelly agreed to: That Orders of the Day of committee reports interrupted by the close of the previous session be restored to the Notice Paper in the order in which they last appeared. RESTORATION OF BUSINESS OF THE PREVIOUS SESSION Legislation Review Amendment (Family Impact) Bill Motion by the Hon. Don Harwin, on behalf of the Hon. Patricia Forsythe, agreed to: That a message be forwarded to the Legislative Assembly requesting that the Legislation Review Amendment (Family Impact) Bill, forwarded to the Legislative Assembly during the previous session of the present Parliament and not having been finally dealt with because of prorogation, be proceeded with under the Legislative Assembly's standing orders. Firearms Amendment (Good Behaviour Bonds) Bill The Hon. ROBERT BROWN [11.05 a.m.]: I move: That a message be forwarded to the Legislative Assembly requesting that the Firearms Amendment (Good Behaviour Bonds) Bill, forwarded to the Legislative Assembly during the previous session of the present Parliament and not having been finally dealt with because of prorogation, be proceeded with under the Legislative Assembly's standing orders. Question put. The House divided. [In division] The PRESIDENT: Order! Members should not read newspapers in the Chamber. 24 May 2006 LEGISLATIVE COUNCIL 169 Ayes, 32 Mr Breen Mr Gallacher Mrs Pavey Mr Brown Miss Gardiner Mr Pearce Ms Burnswoods Mr Gay Ms Robertson Mr Catanzariti Ms Griffin Mr Roozendaal Mr Clarke Mr Kelly Ms Sharpe Mr Colless Mr Lynn Mr Tsang Mr Costa Mr Macdonald Mr West Ms Cusack Reverend Dr Moyes Dr Wong Mr Della Bosca Reverend Nile Tellers, Mr Donnelly Mr Obeid Mr Harwin Ms Fazio Ms Parker Mr Primrose Noes, 4 Ms Hale Ms Rhiannon Tellers, Dr Chesterfield-Evans Mr Cohen Question resolved in the affirmative. Motion agreed to. JOINT SELECT COMMITTEE ON THE CROSS CITY TUNNEL Establishment and Membership Motion by Reverend the Hon. Fred Nile agreed to: 1. That a joint select committee be appointed to inquire into and report on: (a) the role of Government agencies in relation to the negotiation of the contract with the Cross City Tunnel Consortium, (b) the extent to which the substance of the cross city tunnel contract was determined through community consultation processes, (c) the methodology used by the Roads and Traffic Authority for tendering and contract negotiation in connection with the cross city tunnel, (d) the public release of contractual and associated documents connected with public private partnerships for large road projects, (e) the communication and accountability mechanisms between the RTA and Government, including the Premier, other Ministers or their staff and the former Premier or former Ministers or their staff, (f) the role of Government agencies in entering into major public private partnership agreements, including public consultation processes and terms and conditions included in such agreements, (g) the role of Government agencies in relation to the negotiation of the contract with the Lane Cove tunnel Consortium, (h) the extent to which the substance of the Lane Cove tunnel contract was determined through community consultation processes, (i) the methodology used by the Roads and Traffic Authority for tendering and contract negotiations in connection with the Lane Cove tunnel, and (j) any other related matters. 2. That the committee finally report by the first sitting day in September 2006. 3. That the minutes of proceedings, evidence, all papers, documents, reports and records of the Joint Select Committee on the Cross City Tunnel appointed on 15 November 2005, be referred to the committee. 4. That, notwithstanding anything to the contrary in the standing orders of either House, the committee consist of eight members, as follows: 170 LEGISLATIVE COUNCIL 24 May 2006 (a) four members of the Legislative Council, of whom: (i) one must be a Government member, (ii) one must be an Opposition member, and (iii) two must be crossbench members, one of whom will be Revd Mr Nile, (b) four members of the Legislative Assembly, of whom: (i) two must be Government members, and (ii) two must be Opposition members. 5. That the members be nominated in writing to the Clerk of the Parliaments and the Clerk of the Legislative Assembly by the relevant party leaders and the independent and crossbench members respectively within seven days of this resolution being agreed to by both Houses. 6. That Revd Mr Nile be the Chair of the committee. 7. That the Chair of the committee have a deliberative vote and, in the event of an equality of votes, a casting vote. 8. That, notwithstanding anything to the contrary in the standing orders of either House, at any meeting of the committee, any four members of the committee will constitute a quorum, provided that the committee meets as a joint committee at all times. 9. A member of either House who is not a member of the committee may take part in the public proceedings of the committee and question witnesses but may not vote, move any motion or be counted for the purpose of any quorum or division. 10. That leave be given to members of either House to appear before and give evidence to the committee. 11 That this House requests the Legislative Assembly to agree to a similar resolution and name the time and place for the first meeting. Message forwarded to the Legislative Assembly advising it of the resolution. JOINT SELECT COMMITTEE ON TOBACCO SMOKING Establishment and Membership Motion by Reverend the Hon. Fred Nile agreed to: 1. That a joint select committee be appointed to inquire into and report on tobacco smoking in New South Wales, and in particular: (a) the costs and other impacts of smoking, (b) the effectiveness of strategies to reduce tobacco use, (c) the effects of smoke-free indoor venues on the initiation and maintenance of the smoking habit, (d) factors affecting initiatives for smoke-free indoor areas, (e) the effectiveness of media, educative, community and medically-based Quit initiatives, (f) the adequacy of the budget for smoking control initiatives, and (g) the Smoke-free Environment Amendment (Motor Vehicle Prohibition) Bill 2005 introduced by Reverend the Hon. Fred Nile in the Legislative Council. 2. That, notwithstanding anything to the contrary in the standing orders of either House, the committee consist of 11 members, as follows: (a) four members of the Legislative Council of whom: (i) one must be a Government member, (ii) one must be an Opposition member, and (iii) the Hon. Dr Arthur Chesterfield-Evans and Reverend the Hon. Fred Nile (b) seven members of the Legislative Assembly of whom: (i) four must be Government members, 24 May 2006 LEGISLATIVE COUNCIL 171 (ii) two must be Opposition members, and (iii) one must be an Independent or crossbench member. 3. That the members be nominated in writing to the Clerk of the Parliaments and the Clerk of the Legislative Assembly by the relevant party leaders and the Independent and crossbench members respectively within seven days of this resolution being agreed to by both Houses. 4. That, notwithstanding anything to the contrary in the standing orders of either House, at any meeting of the committee, any six members of the committee will constitute a quorum, provided that the committee meets as a joint committee at all times. 5. That the minutes of proceedings, evidence, all papers, documents, reports and records of the Joint Select Committee on Tobacco Smoking appointed on 28 February 2006 be referred to the committee. 6. That the committee report by 30 June 2006. 7. That this House requests the Legislative Assembly to agree to a similar resolution and name the time and place for the first meeting. Message forwarded to the Legislative Assembly advising it of the resolution. AUDIT OFFICE Report The Deputy-Clerk announced the receipt, pursuant to the Public Finance and Audit Act 1983, of a performance audit report of the Auditor-General entitled "Prisoner Rehabilitation: Department of Corrective Services", dated May 2006. The Deputy-Clerk announced further that, pursuant to the Act, it had been authorised that the report be printed. BUSINESS OF THE HOUSE Postponement of Business Business of the House Notice of Motion No. 3 postponed on motion by Reverend the Hon. Dr Gordon Moyes. SESSIONAL ORDERS Notices of Motions The Hon. JOHN DELLA BOSCA (Minister for Finance, Minister for Commerce, Minister for Industrial Relations, Minister for Ageing, Minister for Disability Services, and Vice-President of the Executive Council) [11.21 a.m.]: I move: That, during the present session and unless otherwise ordered, if a notice of motion remains on the Notice Paper for 30 sitting days without being moved, the President will announce that it will be removed from the notice paper on the next sitting day. A member may renew a notice of motion once only by providing written notification to the Clerk prior to its removal from the Notice Paper. The Hon. DON HARWIN [11.21 a.m.]: The Opposition and crossbench members are surprised to see this motion on the notice paper today.
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