Minutes of Proceedings

1307

LEGISLATIVE COUNCIL

MINUTES OF PROCEEDINGS

No. 115

WEDNESDAY 24 OCTOBER 2012

Contents

1 Meeting of the House ...... 1309 2 Sovereign Hospitaller Order of St John of Jerusalem Knights of Malta (Formal Business) ...... 1309 3 Central Coast bushfires (Formal Business) ...... 1310 4 Joan Sutherland Theatre, Sydney Opera House (Formal Business) ...... 1310 5 Pakistan Australia Business Council (Formal Business) ...... 1311 6 Professor David Horner AM (Formal Business) ...... 1312 7 His Grace Bishop Daniel (Formal Business)...... 1313 8 Battle of El Alamein (Formal Business) ...... 1314 9 Sydney Sanskrit School (Formal Business) ...... 1315 10 Anzac Community Grants (Formal Business) ...... 1316 11 Eid Al-Adha (Formal Business) ...... 1317 12 2012 Netball Quad series (Formal Business) ...... 1317 13 Grupo Pastoral Don Bosco (Formal Business) ...... 1318 14 Beirut attack (Formal Business) ...... 1319 15 Independent Commission Against Corruption—Report ...... 1319 16 Notices of Motions ...... 1319 17 Business Postponed ...... 1319 18 Forestry Bill 2012 ...... 1319 19 Bail Amendment (Enforcement Conditions) Bill 2012 ...... 1320 20 Law Enforcement (Powers and Responsibilities) Amendment (Kings Cross and Railways Drug Detection) Bill 2012 ...... 1320 21 Questions ...... 1320 22 Messages from the Legislative Assembly ...... 1320 (1) Liquor Amendment (Kings Cross Plan of Management) Bill 2012 ...... 1320 (2) Cancer Institute (NSW) Amendment Bill 2012 ...... 1321 (3) Local Government Amendment (Conduct) Bill 2012 ...... 1321 23 Law Enforcement (Powers and Responsibilities) Amendment (Kings Cross and Railways Drug Detection) Bill 2012 ...... 1321 24 Primary Industries Legislation Amendment Bill 2012 ...... 1322 25 Message from the Legislative Assembly—Petroleum (Onshore) Amendment (Royalties and Penalties) Bill 2012 ...... 1323 26 Director of Public Prosecutions Amendment (Disclosures) Bill 2012 ...... 1323

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27 Miscellaneous Acts Amendment (Directors’ Liability) Bill 2012 ...... 1323 28 Crimes (Administration of Sentences) Legislation Amendment (Interstate Transfers) Bill 2012 ...... 1324 29 Business Postponed ...... 1324 30 Rail Safety (Adoption of National Law) Bill 2012 ...... 1324 31 Privileges Committee—Report ...... 1325 32 Messages from the Legislative Assembly ...... 1325 (1) Independent Commission Against Corruption Amendment (Register of Disclosures by Members) Bill 2012 ...... 1325 (2) Biofuels Further Amendment Bill 2012 ...... 1325 Cognate bills— ...... 1325 (3) Parliamentary Electorates and Elections Amendment (Redistributions) Bill 2012 ...... 1325 (4) Election Funding, Expenditure and Disclosures Further Amendment Bill 2012 ...... 1326 33 Cancer Institute (NSW) Amendment Bill 2012 ...... 1326 34 Messages from the Legislative Assembly ...... 1328 (1) Environmental Planning and Assessment Amendment Bill 2012 ...... 1328 (2) Law Enforcement (Powers and Responsibilities) Amendment (Kings Cross and Railways Drug Detection) Bill 2012 ...... 1328 35 Local Government Amendment (Conduct) Bill 2012 ...... 1328 36 Adjournment ...... 1329 37 Attendance ...... 1329

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1 MEETING OF THE HOUSE

The House met at 11.00 am according to adjournment. The President took the Chair and read the prayers.

2 SOVEREIGN HOSPITALLER ORDER OF ST JOHN OF JERUSALEM KNIGHTS OF MALTA (Formal Business)

Mr Clarke moved, according to notice:

1. That this House notes that:

(a) the Sovereign Hospitaller Order of St John of Jerusalem Knights of Malta held an Investiture Ceremony and Ball commemorating twenty years of humanitarian work in Australia at Curzon Hall in Marsfield on Sunday 19 August 2012, and

(b) the Ball was presided over by The Grand Prior of Australia, His Excellency Chevalier Pasquale Pedulla.

2. That this House acknowledges that:

(a) the lineage of this Sovereign Order can be traced back to a hospital that cared for the sick, poor, aged and injured in the Holy Land of Jerusalem in approximately 1050AD,

(b) the Order of St John of Jerusalem established themselves in Rhodes and then Malta in the Sixteenth Century, where they became known as the Knights of Malta,

(d) the following eight ‘Knights of Grace’ and two ‘Dames of Grace’ were inducted as esteemed members of the Order: (i) Chevalier John Carabetta, (ii) Chevalier Dr Alan Carless, (iii) Chevalier Paul Dracakis, (iv) Chevalier Dr John Gullotta, (v) Chevalier Stefano Laface, (vi) Chevalier Dr Angelo Mazzaferro, (vii) Chevalier Commissioner Claudio Nigro, (viii) Chevalier Reverend Father Lauro Rufo, (ix) Lady Nina Mirabito, (x) Lady Maria Stillone, and

(e) the Order has been engaged in supporting numerous charity projects in Australia, including: (i) a five year pledge to assist Professor David Zeigler’s Leukaemia research project at the Sydney Children’s Hospital, Randwick, (ii) funding the purchase of a mini bus for the ‘Helping Hand’ organisation in Adelaide, (iii) the donation of funds to countless organisations, such as Australian Red Cross, Australian Heart and Lung Transplant Association, Boys Town, CareFlight, Camp Quality, the Cerebral Palsy Alliance, the Child Abuse Prevention Service, the Children’s Leukaemia and Cancer Institute Australia, the Epilepsy Association, Giant Steps, Lifeline, Life for Africa Foundation, Professor David Morris Liver Cancer Research Fund, Royal Alexandria Hospital for Children, the Children’s Hospital in Westmead, Sydney Head and Neck Cancer Research Institute at Royal Prince Alfred Hospital, Royal North Shore Hospital, Royal South Sydney Community Health, Scalabrini Village Nursing Homes, SpineCare Village Foundation, Starlight Children’s Foundation, St George Hospital, St Vincent’s Hospital, St Vincent’s Blood and Cancer Research Unit, Sydney City Mission, the Smith Family and the Victor Chang Cardiac Research Institute.

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3. That this House:

(a) commends the Sovereign Order of St John of Jerusalem Knights of Malta for their outstanding and ongoing charitable work, providing support for the aged, poor and sick in this country over the past twenty years, and

(b) congratulates those who were inducted at the Investiture Ceremony, and encourages the continuation of the charitable and selfless work already accomplished by the Order.

Question put and passed.

3 CENTRAL COAST BUSHFIRES (Formal Business)

Mr Donnelly moved, according to notice:

1. That this House notes:

(a) that commencing on 4 October 2012 and continuing over several days the Central Coast communities of Wyee, Lobster Beach, Ravensdale, Pretty Beach, Hardys Bay and Wagstaff were threatened by bushfires,

(b) that while no houses were lost there was some property damage and approximately 700ha was burnt at Wyee and 140ha at Pretty Beach, and

(c) the strength of the fires also resulted in train services being suspended between Wyong and Morisset in both directions.

2. That this House further notes:

(a) that once again, the Rural Fire Service played a critical role in protecting the communities affected by the bushfires,

(b) that approximately 220 Rural Fire Service firefighters were involved in containing and extinguishing the bushfires, and

(c) that an additional 30 Fire and Rescue officers, along with crews from National Parks and Wildlife with the help of five water-bombing aircraft also participated in protecting the communities.

3. That this House acknowledges and thanks all the Rural Fire Service members along with Fire and Rescue officers, National Parks and Wildlife employees and everybody else involved in the successful bushfire operation that protected a number of communities on the New South Wales Central Coast in early October 2012.

Question put and passed.

4 JOAN SUTHERLAND THEATRE, SYDNEY OPERA HOUSE (Formal Business)

Ms Ficarra moved, according to notice:

1. That this House notes that, on 16 October 2012, the Opera Theatre at the Sydney Opera House was officially renamed by the New South Wales Government the Joan Sutherland Theatre, as a lasting tribute to one of Australia’s and the world’s greatest singers.

2. That this House notes that:

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(a) Dame Joan Sutherland OM AC DBE made her concert debut in Sydney, as Dido in Purcell’s ‘Dido and Aeneas’, going on to perform in numerous operas internationally and winning Australia’s most important musical competition, the Sun Aria, now known as the Sydney Eisteddfod McDonald’s Operatic Aria in 1949,

(b) Dame Joan’s contribution to the world of opera was also acknowledged with a number of honours, including Australian of the Year in 1961, being appointed a companion of the Order of Australia in 1975 and a Dame of the British Empire in 1979,

(c) on 10 October 2010, Dame Joan passed away and a State Memorial Service was held on 9 November 2010, arranged by Opera Australia, at the Sydney Opera House,

(d) Premier Barry O’Farrell was joined at the renaming ceremony by Dame Joan’s husband, the legendary conductor Richard Bonynge AC CBE; their son Adam Bonynge; other members of the Bonynge and Sutherland families; the Governor of NSW, Her Excellency Professor Marie Bashir AC CVO; Minister for the Arts, the Honourable George Souris MP; Opera House Chief Executive Officer, Louise Herron; and Opera Australia CEO, Adrian Collette AM,

(e) since the opening of the Opera House in 1973, only one other individual has been honoured by the renaming of an Opera House venue, being the architect of the World Heritage-listed building, Jørn Utzon, and

(f) Pavarotti described Dame Joan as having ‘the voice of the century’, and an adoring public named her ‘La Stupenda’.

2. That this House acknowledges the enormous contribution to the arts and the community by the late Dame Joan Sutherland AC.

Question put and passed.

5 PAKISTAN AUSTRALIA BUSINESS COUNCIL (Formal Business)

Mr Moselmane moved, according to notice:

1. That this House notes that:

(a) on 6 September 2012, the Pakistani Community held a function at the Parliament of New South Wales hosted by the Pakistan Association in celebration of Eid Milan and to launch the Pakistan Australia Business Council,

(b) this event was attended by the Honourable Amanda Fazio MLC, representing the New South Wales Leader of the Opposition; Mr Alex Hawke MP, Federal Member for Mitchell; Mr David Elliott MP, Member for Baulkham Hills; Mr Ray Williams MP, Member for Hawkesbury; Mr David Landers, General Manager Developing Markets, Austrade; and Consul General of Pakistan, Mr Azam Muhammad,

(d) during the evening, the Honourable Shaoquett Moselmane MLC was presented with the Holy Quran, which he and the Honourable Amanda Fazio MLC will give to the Parliament of New South Wales for the use of future members of the Islamic faith.

2. That this House notes:

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(a) the valuable work of the Pakistan Association,

(b) the launch of the Australia Pakistan Business Council, and

Question put and passed.

6 PROFESSOR DAVID HORNER AM (Formal Business)

Mr Lynn moved, according to notice:

1. That this House notes that Professor David Horner AM:

(a) is one of Australia’s most eminent military historians,

(b) is a graduate of the Royal Military College, Duntroon,

(d) is a graduate of the Australian Army Command and Staff College,

(e) was an instructor at the prestigious Joint Services Staff College,

(f) is the author or editor of 30 books on Australian military history, strategy and defence,

(g) was editor of the Australian Army’s military history series from 1994 to 2012,

(h) was the first Head of the Australian Army’s Land Warfare Studies Centre,

(i) was appointed Official Historian of Australian Peacekeeping, Humanitarian and Post–Cold War Operations,

(j) was appointed a Member of the Order of Australia for services to higher education in the area of Australian military history and heritage as a researcher, author and academic,

(k) is the official historian for the Australian Security Intelligence Organisation, and

(l) is a member of the Defence Honours and Awards Appeals Tribunal.

2. That this House notes that Professor Horner addressed a History Conference titled ‘Remembering 1942’ hosted by the Australian War Memorial on the 50th anniversary year of the Kokoda campaign in 1992, where he said: “Australia’s political and military leaders were fully justified in believing that the country was under a real threat of invasion. But, unknown to the Australians, Japanese Army and Navy leaders were deep in argument about whether to invade Australia. Meanwhile, on 8 March Japanese forces landed at Lae and Salamaua on the north coast of New Guinea. On 15 March the Japanese leaders finally put aside plans to invade Australia; instead they decided to capture Port Moresby and the southern Solomons, and then ‘to isolate Australia’ by seizing Fiji, Samoa and New Caledonia.

The security of Australia would therefore depend on the battle for Port Moresby, for if it were captured the Japanese could strike at will at the north coast of Queensland. Furthermore, if the Japanese extended their air and naval bases to Fiji they could interdict the lines of communication between Australia and the United States, making it extremely difficult to build up Australia as the main base for a counter-offensive against the Japanese

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East Asia Co-Prosperity Sphere. Perhaps, if the Japanese had succeeded in these plans, they might have later changed their minds and landed in northern Queensland. That the Japanese high command never agreed to invade Australia does not detract from the crucial importance of the battles for Port Moresby in 1942. The struggle for Port Moresby was decided in six key battles, some well known, and others less so. These six battles were: 1. The Lexington and Yorktown raids against Japanese shipping in the New Guinea area in February and March 1942. 2. The battle of the Coral Sea in May 1942. 3. The battle of Midway in June 1942. 4. The campaign on the Kokoda Trail in August and September 1942. 5. The battle at Milne Bay in August and September 1942. 6. The Guadalcanal campaign between August 1942 and February 1943. It is noteworthy that the Australian high command could influence only two of these battles - Kokoda and Milne Bay - in any substantial manner.”

3. That this House notes that:

(a) 20 years later, on the 70th anniversary of the Kokoda campaign, Professor Horner addressed a similar History Conference hosted by the Australian War Memorial titled ‘Kokoda – beyond the legend’,

(b) the title of the Professor’s presentation was ‘Kokoda and its place in Australia’s history’, and

4. That this House notes that Professor Horner’s practical military experience in infantry tactics, his studies at Command and Staff College and the prestigious Joint Services Staff College, and his academic career as Official Historian of Australian Defence History in the School of International, Political and Strategic Studies at the Australian National University qualifies him as Australia’s most authoritative and eminent military historian.

5. That this House congratulates Professor Horner for his dedication to the task of ensuring that Australia’s military history is properly recorded for future generations.

Question put and passed.

7 HIS GRACE BISHOP DANIEL (Formal Business)

Mr Moselmane moved, according to notice:

1. That this House notes that:

(a) His Grace Bishop Daniel returned to the Diocese of Sydney, Australia on 27 September 2012,

(b) the Honourable Shaoquett Moselmane MLC, along with the Honourable Amanda Fazio MLC and the Honourable David Clarke MLC, attended a church service at St Marks Cathedral, Arncliffe to welcome His Grace back to Australia after a period of absence,

(c) on 23 June 2002, His Grace was ordained Bishop for Sydney, Australia and its Affiliated Regions by His Holiness Pope Shenouda III, and was named His Grace Bishop Daniel,

(d) since his ordination, His Grace has worked tirelessly for Copts throughout his vast diocese including St Marks Cathedral Arncliffe and St Mina and St Marry Church at Bexley,

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(e) His Grace has made and will continue to make an invaluable contribution to the Australian Coptic community, and

(f) the Honourable Shaoquett Moselmane MLC will host a special occasion in the Parliament of New South Wales to welcome him amongst his community and friends.

2. That this House:

(a) notes the return of His Grace Bishop Daniel to Australia, and

(b) wishes him and the Australian Coptic Community every success.

Question put and passed.

8 BATTLE OF EL ALAMEIN (Formal Business)

Mr Lynn moved, according to notice:

1. That this House notes that:

(a) 23 October 2012 is the 70th Anniversary of the deciding battle of the Battle of El Alamein between July and November 1942, which heralded the turning point of the war in North Africa, and

(b) the Australian 9th Division, led by Lieutenant General Leslie Morshead, played a key role in two of these battles, enhancing its reputation earned defending Tobruk during 1941.

2. That this House notes that:

(a) according to the Australian War Memorial on the night of 23 October 1942, a massive artillery barrage heralded the great Allied offensive,

(b) the infantry successfully captured most of their objectives; however, the tanks were unable to follow through and continue the thrust,

(c) with the Axis forces stubbornly holding their lines intact, General Montgomery ordered the Australians of 9th Division to switch their attack northward,

(d) what followed was a week of extremely fierce fighting, with the Australians grinding their way forward over well-defended enemy positions,

(e) as had happened in July, their gains so worried German Field Marshall Erwin Rommel that he again diverted his strongest units to stop them, and

(f) places such as Thompson’s Post, the Fig Orchard, the Blockhouse and the Saucer became an inferno of fire and steel as the Australians weathered the storm of bombs, shells and bullets.

3. That this House notes that:

(a) with Rommel’s attention firmly on the Australians in the north, naturally this left his line weakened further south, and on 2 November the British tanks struck a decisive blow there,

(b) the Panzerarmee had suffered crippling losses and Rommel was forced to order a general withdrawal, or face total annihilation, and

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4 That this House notes that:

(a) between July and November 1942, the Australian 9th Division suffered almost 6,000 casualties, and

(b) although the price was fearfully high, they had without doubt played a crucial role in ensuring an Allied victory in North Africa.

Question put and passed.

9 SYDNEY SANSKRIT SCHOOL (Formal Business)

Mr Clarke moved, according to notice:

1. That this House notes that:

(a) the Sydney Sanskrit School, which was founded by the School of Vedic Sciences (Australia) Inc, and operated as part of the NSW Community Languages Schools Program, was established in 2006 as the first school in the southern hemisphere to teach the classical language of Sanskrit,

(b) the Sanskrit language, one of the world’s oldest continuing languages, is the basis of many languages especially those of Indo-European and Indo-Iranian derivation,

(c) Sanskrit is the primary liturgical language of Hinduism, a literary and scholarly language of Buddhism and certain other religious faith traditions deriving from Hinduism, and

(d) Sanskrit is recognised as a language of medicine, classical poetry, literature and hymns in much the same way as are the languages of Latin, Ancient Greek and Aramaic.

2. That this House notes that, on Saturday 13 October 2012, the Sydney Sanskrit School, its teachers and students presented a landmark cultural program including items in the Sanskrit language, the highlight of which was a classic Indian dance in praise of Australia, its heritage and people.

3. That this House acknowledges dignitaries that attended the event, including:

(a) Mr Arun Goel, Consul General for India,

(b) the Honourable David Clarke MLC, New South Wales Parliamentary Secretary for Justice,

(d) Mr Tony Issa OAM MP, State Member for Granville,

(e) Mr Stepan Kerkysharian AO, Chair, NSW Community Relations Commission,

(f) Mr Albert Vella, President of the NSW Federation of Community Language Schools,

(g) Professor Nihal Agar, President, Hindu Council of Australia, and

(h) Mr Rohit Revo, Editor, The Indian.

4. That this House acknowledges and commends:

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(a) the Sydney Sanskrit School for its outstanding years of achievement and excellence and for the teaching and appreciation of the ancient language of Sanskrit in Australia,

(b) Dr Lakshmi Satyanarayana, President of the School Board,

(d) committee members of the School Board, as well as teachers and staff for their professionalism and the high standards achieved by the Sydney Sanskrit School.

Question put and passed.

10 ANZAC COMMUNITY GRANTS (Formal Business)

Mr Lynn moved, according to notice:

1. That this House notes that:

(a) on 17 October 2012, the Honourable Victor Dominello MP, Minister for Citizenship and Communities, announced Anzac Community Grant recipients to help school children and young people learn about the Anzac legacy,

(b) 16 schools and not-for-profit organisations will share in more than $60,000 in the first round of youth grants as part of the Anzac Community Grants program,

(c) the funding enables schools and other organisations to engage children in the Anzac legacy, with a particular focus on using web and multimedia technologies to share old stories with a modern audience,

(d) the Anzac Community Grants program assists local communities across New South Wales to prepare for the upcoming Centenary of Anzac in 2014 to 2018,

(e) the Centenary of Anzac will commemorate the 100th anniversary of the First World War, and reflect on the century of service that followed, including the Second World War, Korean War and Vietnam War, as well as peacekeeping and current engagements,

(f) the Government has established an advisory council, chaired by former chief of the Defence Force General Peter Cosgrove AC MC, to oversee a wide range of commemorative activities and events around the State,

(g) the Anzac Community Grants program provides grants of up to $5,000 to ex-service organisations, community groups, schools and other educational institutions, local government, museums, or historical societies, and

(h) as part of the program, grants totalling $40,000 were announced earlier this year to help the state’s multicultural communities celebrate the Anzac legacy.

2. That this House:

(a) congratulates grant recipients on their innovative projects to honour the Anzac legacy, and

(b) acknowledges the work of the Honourable Victor Dominello MP, Minister for Citizenship and Communities, General Peter Cosgrove AC MC and the Advisory Council for their work in ensuring the Anzac legacy lives on.

Question put and passed.

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11 EID AL-ADHA (Formal Business)

Mr Moselmane moved, according to notice:

1. That this House notes that:

(a) Eid Al-Adha, or the Festival of Sacrifice, is a significant annual Islamic observance for Muslim communities across Australia,

(b) Eid Al-Adha commemorates Ibrahim’s, or Abraham’s, willingness to sacrifice his son to God,

(c) the Eid al-Adha festival is a time of peace and spirituality in which Muslims are united in prayer and in celebration,

(d) Eid al-Adha is also a time for Muslims to make donations to the poor and the needy, an act of thanksgiving for God’s mercy,

(e) Eid al-Adha follows the annual pilgrimage to Mecca in Saudi Arabia, and Muslims worldwide are required to perform the Hajj once in their lives, with many Australian Muslims undertake this pilgrimage, and

(f) Muslims have two Eids, or celebrations, in the Year, and both come after great Islamic events, the first being Eid Al Fiter after fasting during the month of Ramadan, and the second being Eid Al Adha during Hajj, Pilgrimage, both having been started by the Prophet Mohammed (Peace Be Upon Him).

2. That this House congratulates the Australian Muslim Community on the celebration of Eid Al- Adha.

Question put and passed.

12 2012 NETBALL QUAD SERIES (Formal Business)

Ms Ficarra moved, according to notice:

1. That this House notes that:

(a) on Wednesday 17 October 2012 and Sunday 21 October 2012, Newcastle Entertainment Centre and Sydney’s Allphones Arena played host to the 2012 Netball Quad series in which Australia, New Zealand, England and South Africa played,

(b) at the Newcastle Entertainment Centre last Wednesday, the New Zealand Silver Ferns put on a dominant performance over England, defeating them 61 to 43 and the Australian Diamonds defeated South Africa, 63 to 31,

(d) Australia’s 68 to 48 win was the highest score ever achieved by Australia in 74 years of international competition with New Zealand and the winning margin their biggest since the year 2000.

2. That this House congratulates and commends the Australian Diamonds on their historic win, the team consisting of:

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(a) Natalie von Bertouch – Captain,

(b) Catherine Cox – Vice Captain,

(c) team members Caitlin Bassett, Erin Bell, Madison Browne, Rebecca Bulley, Bianca Chatfield, Mo’onia Gerrard, Chanel Gomes, Kimberlee Green, Renae Hallinan, Chelsea Pitman, Susan Pratley, Caitlin Thwaites,

(d) Coach: Lisa Alexander,

(e) Assistant Coach: Julie Fitzgerald,

(f) Team Manager: Bree McDonald,

(g) Physiotherapist Steve Hawkins, and

(h) Doctor: Mark de Cruz.

Question put and passed.

13 GRUPO PASTORAL DON BOSCO (Formal Business)

Mr Clarke moved, according to notice:

1. That this House notes that:

(a) Grupo Pastoral Don Bosco is a charitable organisation established in Sydney in 1999 to raise funds for the Don Bosco Houses, which are a number of charitable homes throughout Peru maintained by the Salesian Religious Order of the Catholic Church to shelter and support orphaned and abandoned children and youth,

(b) Grupo Pastoral Don Bosco was founded and operated through the voluntary efforts of members of the Peruvian-Australian community and is based on the vision of the late Don Bosco, a 19th Century Catholic Priest who devoted himself to providing education, accommodation and a better life for orphans, juveniles, delinquents, street children and other disadvantaged children and young people, and

(c) on 8 September 2012, several hundred members of the Peruvian-Australian community gathered in Beecroft for a most successful fundraising event organised by Grupo Pastoral Don Bosco as part of its ongoing program of fundraising in pursuance of its worthy aims.

2. That this House:

(a) commends members of the Grupo Pastoral Don Bosco, particularly: (i) President, Humberto Valle, (ii) Vice President, Alfredo Bouronde, (iii) Secretary, Wilder Moreno, (iv) Treasurer, Mariella Lovera, and

(b) pays tribute to the Peruvian-Australian community for its ongoing positive contribution to the life of New South Wales.

Question put and passed.

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14 BEIRUT ATTACK (Formal Business)

Mr Moselmane moved, according to notice:

1. That this House notes that:

(a) a terrorist attack in Beirut killed the intelligence chief of Lebanon’s internal security forces, Brigadier General Wissam al-Hassan,

(b) General al-Hassan was killed along with eight others, and over eighty innocent Lebanese citizens were injured when a car bomb exploded in Beirut on Friday 19 October 2012, and

(c) this is a terrible reminder of the many assassinations that plagued Lebanon, including the killing of former Lebanese Prime Minister Rafik al-Hariri in 2005.

2. That this House:

(a) notes the senseless killing of General Wissam Al- Hassan and innocent colleagues and bystanders, and

(b) extends its condolences to General al-Hassan’s family in Lebanon and his relatives in Australia, and to all the innocent people killed or injured.

Question put and passed.

15 INDEPENDENT COMMISSION AGAINST CORRUPTION—REPORT

The President, according to the Independent Commission Against Corruption Act 1988, tabled a report of the Independent Commission Against Corruption entitled “Investigation into the recruitment of contractors and other staff by a University of Sydney IT manager”, dated October 2012.

The President announced that under the Act the report was authorised to be made public this day.

Ordered, on motion of Mr Gallacher: That the report be printed.

16 NOTICES OF MOTIONS

17 BUSINESS POSTPONED

Notice of motion no. 1 on the Notice Paper of government business postponed, on motion of Mr Gay (on behalf of Mr Gallacher), until a later hour of the sitting.

18 FORESTRY BILL 2012

Mr Gay moved, according to notice: That leave be given to bring in a bill for an Act to provide for the dedication, management and use of State forests and other Crown-timber land for forestry and other purposes; to constitute the Forestry Corporation of New South Wales as a statutory State owned corporation and to specify its objectives and functions; to repeal the Forestry Act 1916 and the Timber Marketing Act 1977 and to amend certain other legislation; and for related purposes.

Question put and passed.

Bill presented.

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Bill read a first time and ordered to be printed.

Mr Gay then moved: That this bill be now read a second time.

Debate ensued.

Motion made (Mr Searle) and question: That this debate be now adjourned until five calendar days ahead—put and passed.

19 BAIL AMENDMENT (ENFORCEMENT CONDITIONS) BILL 2012

Mr Gallacher moved, according to notice: That leave be given to bring in a bill for an Act to amend the Bail Act 1978 to make further provision in relation to the bail conditions that may be imposed on an accused person.

Question put and passed.

Bill presented.

Bill read a first time and ordered to be printed.

Mr Gallacher then moved: That this bill be now read a second time.

Debate ensued.

Motion made (Mr Searle) and question: That this debate be now adjourned until five calendar days ahead—put and passed.

20 LAW ENFORCEMENT (POWERS AND RESPONSIBILITIES) AMENDMENT (KINGS CROSS AND RAILWAYS DRUG DETECTION) BILL 2012

On the order of the day being read, Mr Gallacher moved: That this bill be now read a second time.

Debate ensued.

Question put and passed.

Bill read a second time.

______

According to sessional order, proceedings interrupted at 2.30 pm for Questions. ______

21 QUESTIONS

22 MESSAGES FROM THE LEGISLATIVE ASSEMBLY

The President reported the following messages from the Legislative Assembly:

(1) Liquor Amendment (Kings Cross Plan of Management) Bill 2012

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Mr PRESIDENT

The Legislative Assembly having this day passed a Bill with the long title “An Act to amend the Liquor Act 2007 and other legislation to implement the first stage of a plan of management in relation to the Kings Cross precinct” presents the bill to the Legislative Council for its concurrence.

Legislative Assembly SHELLEY HANCOCK 24 October 2012 Speaker

(2) Cancer Institute (NSW) Amendment Bill 2012

Mr PRESIDENT

The Legislative Assembly having this day passed a Bill with the long title “An Act to amend the Cancer Institute (NSW) Act 2003 to make further provision regarding the constitution and functions of the Cancer Institute (NSW); and for other purposes” presents the bill to the Legislative Council for its concurrence.

Legislative Assembly SHELLEY HANCOCK 24 October 2012 Speaker

(3) Local Government Amendment (Conduct) Bill 2012

Mr PRESIDENT

The Legislative Assembly having this day passed a Bill with the long title “An Act to amend the Local Government Act 1993 to make further provision in relation to the conduct and discipline of councillors and council staff, delegates and administrators; and for related purposes” presents the bill to the Legislative Council for its concurrence.

Legislative Assembly SHELLEY HANCOCK 24 October 2012 Speaker

Leave granted for procedural motions for the first reading, printing, suspension of standing orders and fixing of sitting day for second reading to be dealt with on one motion without formalities.

Bills, on motion of Mr Gallacher, read a first time, printed, standing orders suspended on contingent notice for remaining stages and second reading of the bills set down as orders of the day for a later hour of the sitting.

23 LAW ENFORCEMENT (POWERS AND RESPONSIBILITIES) AMENDMENT (KINGS CROSS AND RAILWAYS DRUG DETECTION) BILL 2012

On the order of the day being read, the President left the Chair and the House sat as a committee of the whole for consideration of this bill.

The committee reported the bill with an amendment.

The House adopted the report.

Standing orders having been suspended Tuesday 16 October 2012—

Mr Gallacher moved: That this bill be now read a third time.

Question put.

The House divided.

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Ayes 33

Mr Ajaka Mr Foley Revd Mr Nile Mr Blair Mr Gallacher Mrs Pavey Mr Borsak Miss Gardiner Dr Phelps * Mr Brown Mr Green Mr Primrose Mr Clarke Mr Khan Mr Searle Mr Colless Mr Lynn Mr Secord Ms Cotsis Mr MacDonald Ms Sharpe Ms Cusack Mrs Maclaren-Jones Mr Veitch Mr Donnelly Mr Mason-Cox Ms Voltz Ms Fazio * Mrs Mitchell Ms Westwood Ms Ficarra Mr Moselmane Mr Whan

* Tellers

Noes 5

Ms Barham Ms Faehrmann Mr Shoebridge * Mr Buckingham * Dr Kaye * Tellers

Question resolved in the affirmative.

Bill read a third time.

Bill returned to the Legislative Assembly with the following amendment in which the concurrence of the Legislative Assembly was requested.

LAW ENFORCEMENT (POWERS AND RESPONSIBILITIES) AMENDMENT (KINGS CROSS AND RAILWAYS DRUG DETECTION) BILL 2012 ______

Schedule of the amendment referred to in the Legislative Council’s message of 24 October 2012.

No. 1 Page 5, Schedule 2 [4]. Insert after line 2: (n) the Cumberland route, being the train line that is between Campbelltown station and Schofields station.

24 PRIMARY INDUSTRIES LEGISLATION AMENDMENT BILL 2012

Order of the day read for resumption of the adjourned debate of the question on the motion of Mr Gay: That this bill be now read a second time.

Debate resumed.

Question put and passed.

Bill read a second time.

Leave granted to proceed to the third reading of the bill forthwith.

(With concurrence) Bill, on motion of Mr Ajaka (on behalf of Mr Gay), read a third time.

Bill forwarded to the Legislative Assembly for concurrence.

1323 Legislative Council Minutes No. 115—Wednesday 24 October 2012

25 MESSAGE FROM THE LEGISLATIVE ASSEMBLY—PETROLEUM (ONSHORE) AMENDMENT (ROYALTIES AND PENALTIES) BILL 2012

The Deputy President reported the following message from the Legislative Assembly:

Mr PRESIDENT

The Legislative Assembly having this day passed a Bill with the long title “An Act to amend the Petroleum (Onshore) Act 1991 and an instrument under that Act with respect to the payment of royalties in respect of petroleum; and to amend that Act, the Mining Act 1992 and the Criminal Procedure Act 1986 with respect to penalties and proceedings for offences” presents the bill to the Legislative Council for its concurrence.

Legislative Assembly SHELLEY HANCOCK 24 October 2012 Speaker

Bill, on motion of Mr Ajaka (on behalf of Mr Gay), read a first time and ordered to be printed.

Mr Ajaka moved, according to contingent notice: That standing orders be suspended to allow the passing of the bill through all its remaining stages during the present or any one sitting of the House.

Question put and passed.

Ordered: That the second reading of the bill stand an order of the day for a later hour of the sitting.

26 DIRECTOR OF PUBLIC PROSECUTIONS AMENDMENT (DISCLOSURES) BILL 2012

On the order of the day being read, Mr Clarke (on behalf of Mr Gallacher) moved: That this bill be now read a second time.

Leave granted for the mover’s second reading speech to be incorporated in Hansard.

Debate ensued.

Question put and passed.

Bill read a second time.

Leave granted to proceed to the third reading of the bill forthwith.

Standing orders having been suspended Wednesday 17 October 2012—

Bill, on motion of Mr Clarke, read a third time.

Bill returned to the Legislative Assembly without amendment.

27 MISCELLANEOUS ACTS AMENDMENT (DIRECTORS’ LIABILITY) BILL 2012

On the order of the day being read, Mr Clarke (on behalf of Mr Gallacher) moved: That this bill be now read a second time.

Leave granted for the mover’s second reading speech to be incorporated in Hansard.

Motion made (Mr Clarke speaking) and question: That this debate be now adjourned until next sitting day—put and passed.

1324 Legislative Council Minutes No. 115—Wednesday 24 October 2012

28 CRIMES (ADMINISTRATION OF SENTENCES) LEGISLATION AMENDMENT (INTERSTATE TRANSFERS) BILL 2012

On the order of the day being read, Mr Clarke (on behalf of Mr Gallacher) moved: That this bill be now read a second time.

Leave granted for the mover's second reading speech to be incorporated in Hansard.

Debate ensued.

Question put and passed.

Bill read a second time.

Leave granted to proceed to the third reading of the bill forthwith.

Standing orders having been suspended Tuesday 23 October 2012—

Bill, on motion of Mr Clarke, read a third time.

Bill returned to the Legislative Assembly without amendment.

29 BUSINESS POSTPONED

Order of the day no. 7 on the Notice Paper of government business postponed, on motion of Mr Ajaka, until a later hour of the sitting.

30 RAIL SAFETY (ADOPTION OF NATIONAL LAW) BILL 2012

On the order of the day being read, Mr Ajaka (on behalf of Mr Gay) moved: That this bill be now read a second time.

Leave granted for the mover’s second reading speech to be incorporated in Hansard.

Debate ensued.

Question put and passed.

Bill read a second time.

The Deputy President (Mrs Mitchell) left the Chair and the House sat as a committee of the whole for consideration of this bill.

The committee reported the bill without amendment.

The House adopted the report.

Standing orders having been suspended Tuesday 23 October 2012—

Bill, on motion of Mr Ajaka, read a third time.

Bill returned to the Legislative Assembly without amendment.

1325 Legislative Council Minutes No. 115—Wednesday 24 October 2012

31 PRIVILEGES COMMITTEE—REPORT

The Chair (Mr Khan) tabled Report No. 63 of the Privileges Committee entitled “Citizen’s Right of Reply (Mr Cor Disselkoen)”, dated October 2012.

Ordered: That the report be printed.

32 MESSAGES FROM THE LEGISLATIVE ASSEMBLY

The Deputy President (Mrs Mitchell) reported the following messages from the Legislative Assembly:

(1) Independent Commission Against Corruption Amendment (Register of Disclosures by Members) Bill 2012

Mr PRESIDENT

The Legislative Assembly having this day passed a Bill with the long title “An Act to amend the Independent Commission Against Corruption Act 1988 with respect to the use of a register of pecuniary interests or other matters disclosed by members of Parliament” presents the bill to the Legislative Council for its concurrence.

Legislative Assembly SHELLEY HANCOCK 24 October 2012 Speaker

(2) Biofuels Further Amendment Bill 2012

Mr PRESIDENT

The Legislative Assembly having this day passed a Bill with the long title “An Act to amend the Biofuels Act 2007 to make further provision regarding minimum ethanol and biodiesel content requirements in respect of petrol and diesel fuel sales in the State; and for related purposes” presents the bill to the Legislative Council for its concurrence.

Legislative Assembly SHELLEY HANCOCK 24 October 2012 Speaker

Cognate bills—

(3) Parliamentary Electorates and Elections Amendment (Redistributions) Bill 2012

Mr PRESIDENT

The Legislative Assembly having this day passed a Bill with the long title “An Act to amend the Parliamentary Electorates and Elections Act 1912 with respect to the criteria for carrying out redistributions of electoral districts” presents the bill to the Legislative Council for its concurrence.

Legislative Assembly SHELLEY HANCOCK 24 October 2012 Speaker

1326 Legislative Council Minutes No. 115—Wednesday 24 October 2012

(4) Election Funding, Expenditure and Disclosures Further Amendment Bill 2012

Mr PRESIDENT

The Legislative Assembly having this day passed a Bill with the long title “An Act to amend the Election Funding, Expenditure and Disclosures Act 1981 with respect to the appointment of party agents and declarations containing no disclosures” presents the bill to the Legislative Council for its concurrence.

Legislative Assembly SHELLEY HANCOCK 24 October 2012 Speaker

Leave granted for procedural motions for the first reading, printing, suspension of standing orders and fixing of sitting day for second reading to be dealt with on one motion without formalities.

Bills, on motion of Mrs Pavey, read a first time, printed, standing orders suspended on contingent notice for remaining stages and second reading of the bills set down as orders of the day for a later hour of the sitting.

33 CANCER INSTITUTE (NSW) AMENDMENT BILL 2012

On the order of the day being read, Mrs Pavey (on behalf of Mr Gallacher) moved: That this bill be now read a second time.

Leave granted for the mover’s second reading speech to be incorporated in Hansard.

Debate ensued.

Question put.

The House divided.

Ayes 21

Mr Ajaka Ms Ficarra Mrs Maclaren-Jones Mr Blair Miss Gardiner Mr Mason-Cox Mr Borsak Mr Gay Mrs Mitchell Mr Brown Mr Green Revd Mr Nile Mr Clarke Mr Khan Mrs Pavey Mr Colless * Mr Lynn Mr Pearce Ms Cusack Mr MacDonald Dr Phelps *

* Tellers

Noes 18

Ms Barham Mr Foley Ms Sharpe Mr Buckingham Dr Kaye Mr Shoebridge Ms Cotsis Mr Moselmane Mr Veitch Mr Donnelly Mr Primrose Ms Voltz * Ms Faehrmann Mr Searle Ms Westwood Ms Fazio * Mr Secord Mr Whan

* Tellers

Pairs

Mr Gallacher Mr Roozendaal

1327 Legislative Council Minutes No. 115—Wednesday 24 October 2012

Question resolved in the affirmative.

1328 Legislative Council Minutes No. 115—Wednesday 24 October 2012

Bill read a second time.

Leave granted to proceed to the third reading of the bill forthwith.

Standing orders having been suspended this day—

Bill, on motion of Mrs Pavey, read a third time.

Bill returned to the Legislative Assembly without amendment.

34 MESSAGES FROM THE LEGISLATIVE ASSEMBLY

The President reported the following message from the Legislative Assembly:

(1) Environmental Planning and Assessment Amendment Bill 2012

Mr PRESIDENT

The Legislative Assembly having this day passed a Bill with the long title “An Act to amend the Environmental Planning and Assessment Act 1979 and other Acts with respect to housing and other development; and for other purposes” presents the bill to the Legislative Council for its concurrence.

Legislative Assembly SHELLEY HANCOCK 24 October 2012 Speaker

Bill, on motion of Mr Pearce, read a first time and ordered to be printed.

Mr Pearce moved, according to contingent notice: That standing orders be suspended to allow the passing of the bill through all its remaining stages during the present or any one sitting of the House.

Question put and passed.

Ordered: That the second reading of the bill stand an order of the day for a later hour of the sitting.

The President further reported the following message from the Legislative Assembly:

(2) Law Enforcement (Powers and Responsibilities) Amendment (Kings Cross and Railways Drug Detection) Bill 2012

Mr PRESIDENT

The Legislative Assembly has this day agreed to the amendment made by the Legislative Council in the Bill with the long title “An Act to amend the Law Enforcement (Powers and Responsibilities) Act 2002 to authorise police officers to use dogs for general drug detection in public places in the Kings Cross precinct; and to amend the Law Enforcement (Powers and Responsibilities) Regulation 2005 to authorise police officers to use dogs for that purpose on additional railway lines”.

Legislative Assembly SHELLEY HANCOCK 24 October 2012 Speaker

35 LOCAL GOVERNMENT AMENDMENT (CONDUCT) BILL 2012

On the order of the day being read, Mr Pearce moved: That this bill be now read a second time.

Debate ensued.

1329 Legislative Council Minutes No. 115—Wednesday 24 October 2012

Leave granted for the remainder of the mover’s second reading speech to be incorporated in Hansard.

Debate continued.

______

According to sessional order, proceedings interrupted at 10.00 pm for adjournment. ______

The House continued to sit. ______

Debate continued.

Question put and passed.

Bill read a second time.

Ordered: That consideration of the bill in committee of the whole stand an order of the day for a later hour of the sitting.

36 ADJOURNMENT

Mr Gay moved: That this House do now adjourn.

Debate ensued.

Question put and passed.

The House adjourned at 11.04 pm until Thursday 25 October 2012 at 9.30 am.

37 ATTENDANCE

All members present, except Mr Roozendaal.

David Blunt Clerk of the Parliaments

______

Authorised by the Parliament of New South Wales