WESTERN AUSTRALIA LEGISLATIVE COUNCIL MINUTES OF PROCEEDINGS No. 25 TUESDAY, NOVEMBER 14 2000 1. Meeting of Council The Council assembled at 3.30pm pursuant to order. The President, Hon George Cash, took the Chair and read prayers. 2. Petition Hon Ed Dermer presented a petition from 593 residents of Western Australia opposing the amendment to the Metropolitan Region Scheme Amendment No. 1012/33 with regard to North West Districts Omnibus No. 4 being the Scarborough Senior High School site. (Table paper 508). 3. Papers The following Papers were laid on the Table by - President Annual Reports - 1999-2000 - Office of the Information Commissioner (Freedom of Information) (Date received 13/11/2000) ..................................................................................................... 487 Leader of the House Annual Reports - 1999-2000 - Building and Construction Industry Training Board (Date received 13/11/2000) ...................... 488 Goldfields Esperance Development Commission (Date received 13/11/2000) .......................... 489 Independent Gas Pipelines Access Regulator Gas Disputes Arbitrator (OffGAR) (Date received 10/11/2000) ........................................................................... 490 Western Australian Tourism Commission (Date received 10/11/2000)...................................... 491 Regulations - Electoral Act 1907 (Amendment Regs #3 2000 G.G.10/11/2000)................................................... 492 Rules - Western Australian Trotting Association Act 1946 (Rules of Harness Racing 1999 - Notice of Amendment G.G.10/11/2000) ............................................................................ 493 238 Minister for Transport Annual Reports - 1999-2000 - Agriculture Protection Board of Western Australia (Date received 13/11/2000) ....................... 494 Geraldton Port Authority (Date received 10/11/2000) ................................................................ 495 Local Laws - Cemeteries Act 1986 (Shire of East Pilbara Local Law G.G.10/11/2000) ........................................ 496 Dog Act 1976 (City of Nedlands Local Law G.G.10/11/2000) ........................................................ 497 Local Government Act 1995 (Coolgardie, Perth, East Pilbara x 2 & Nedlands Local Laws G.Gs.6 & 10/11/2000)............................................................................................ 498 Orders - Water Services Coordination Act 1995 (South West Region Controlled Area Drainage Services Order 2000 G.G.7/11/2000) ................................................................................ 499 Attorney General Annual Reports - 1999-2000 - Zoological Gardens Board (Perth Zoo) (Date received 13/11/2000) ........................................... 500 Local Laws - Health Act 1911 (Shire of East Pilbara Amendment Local laws 2000 G.G.10/11/2000) ....................... 501 Orders - Environmental Protection Act 1986 (Bellringing and Calls to Worship Revocation Order 2000 G.G.7/11/2000) ............................................................................................ 502 Regulations - Environmental Protection Act 1986 (Noise Amendment Regs 2000 G.G.7/11/2000) ..................... 503 Trustee Companies Act 1987 (Designation of Trustee Companies Regs 2000 G.G.7/11/200).............................................................................................................. 504 Reports - Western Australian Treasury Corporation Quarterly Report for the Quarter ended September 30 2000 ....................................................................................... 505 Rules - Psychologists Registration Act 1976 (Amendment Rules #2 2000 G.G.7/11/2000)........................ 506 Parliamentary Secretary to the Minister for Education Annual Reports - 1999-2000 - Curriculum Council ((Date received 13/11/2000) ....................................................................... 507 4. Standing Committee on Constitutional Affairs - Fifty-Ninth Report - A Petition Requesting Action to Cut Fuel Costs Hon Murray Nixon presented the Fifty-Ninth Report of the Standing Committee on Constitutional Affairs in relation to a Petition Requesting Action to Cut Fuel Costs. (Table paper 509). Hon Murray Nixon moved, That the Report do lie upon the Table and be printed. Question - put and passed. 239 5. Select Committee into the Finance Broking Industry in Western Australia - Special Report - Summons to Produce Documents Issued Pursuant to Section 5 of the Parliamentary Privileges Act 1891 Hon Ken Travers presented a Special Report of the Select Committee into the Finance Broking Industry in Western Australia in relation to the Summons to Produce Documents Issued Pursuant to Section 5 of the Parliamentary Privileges Act 1891. (Table paper 510). Hon Ken Travers moved, That the Report do lie upon the Table and be printed. Question - put and passed. Ordered - That consideration of the report be made an Order of the Day for the next sitting. 6. Matter of Urgency - Government’s Proposed Response to the Adverse Seasonal Conditions in the Western Australian Wheatbelt The President read the following letter - At today’s sitting it is my intention to move under SO 72 that the House, at its rising, adjourn until 9.00am on December 25 2000 to consider the Government’s proposed response to the adverse seasonal conditions in the Western Australian Wheatbelt and, in particular, to consider the decision to apply a $7 to $10 million subsidy to farmers in inverse proportion to their need as a result of the drought. Yours sincerely Hon Kim Chance Member for Agricultural Region Four members having risen in support. Hon Kim Chance then moved, That the House at its rising adjourn until 9.00am on December 25 2000. Debate ensued. Interruption of Debate - One hour having elapsed after the time fixed for the meeting of the House, the President announced that leave of the House would be necessary to enable the debate to continue. Leave denied. 7. City of Wanneroo - Amendment to Parking Local Law - Disallowance - Discharge from Notice Paper Hon Tom Helm moved, without notice - That Order of the Day No. 3, City of Wanneroo - Amendment to Parking Local Law - Disallowance, be discharged from the Notice Paper. Question - put and passed. 8. Nuclear Activities (Prohibition) Bill 2000 Hon Giz Watson pursuant to notice, moved - That a Bill for “An Act to prohibit in Western Australia certain activities associated with the nuclear fuel chain, and for related purposes” be introduced and read a first time. Question - put and passed. Bill read a first time. The Hon Giz Watson moved, That the Bill be now read a second time. On the motion of Hon Muriel Patterson the debate was adjourned to the next sitting. 9. Order of Business Ordered - That Orders of the Day Nos 8, 9, 10 and 11 be taken before Order of the Day No. 1. (Leader of the House). 240 10. Sentencing Amendment Bill 2000 The Order of the Day having been read for the third reading of this Bill. The Attorney General moved, That the Bill be now read a third time. The President having reported that the Chairman of Committees had certified that the fair print of the Bill was in accordance with the Bill as agreed to in Committee, and reported. Debate ensued. Question - put. The House divided. Ayes (16) Hon Murray Criddle Hon N F Moore Hon D M Davies Hon Mark Nevill Hon Bruce Donaldson Hon Murray Nixon Hon Max Evans Hon Simon O’Brien Hon Peter Foss Hon Barbara Scott Hon Ray Halligan Hon Greg Smith Hon Barry House Hon W N Stretch Hon Murray Montgomery Hon Muriel Patterson (Teller) Noes (15) Hon Kim Chance Hon Norm Kelly Hon John Cowdell Hon Ljiljanna Ravlich Hon Cheryl Davenport Hon Christine Sharp Hon Ed Dermer Hon Tom Stephens Hon Graham Giffard Hon Ken Travers Hon Nick Griffiths Hon Giz Watson Hon Tom Helm Hon Bob Thomas (Teller) Hon Helen Hodgson Question thus passed. Bill read a third time and passed. 11. Questions Without Notice Questions without notice were asked by Hon Tom Stephens, Hon Nick Griffiths, Hon Jim Scott, Hon Helen Hodgson, Hon Bruce Donaldson, Hon Ed Dermer, Hon John Cowdell, Hon Ljiljanna Ravlich, Hon Tom Helm, Hon Giz Watson, Hon Norm Kelly and Hon Christine Sharp. The Minister for Transport tabled documents in relation to the Tenindewa-Binnu Route Development Study by Main Roads Western Australia dated November 1988 in response to a question without notice asked by Hon Tom Stephens. (Tabled paper 511). 12. Native Title Legislation - Western Australian Senators’ Support Motion No. 6 having been called. Hon Ray Halligan, by leave, withdrew the motion standing in his name. Hon Ray Halligan then moved - That this House condemns those Senators, and particularly those Senators representing Western Australia, who voted to disallow the Native Title (State Provisions) Bill, passed by this Parliament in 1999, as this legislation represented a significant opportunity for this State to resolve a number of the ongoing problems associated with Native Title in Western Australia. 241 Point of Order Hon Tom Stephens raised the following Point of Order - I remember a Standing Order about language used in reference to other Houses of Parliament. Does the use of the word “condemns” comply with our Standing Orders in reference to the way we deal with other Houses of Parliament? President’s Ruling The President ruled as follows - This is a serious matter to which I have had to give some thought. The Leader of the Opposition is correct inasmuch as a comity is required between the Houses of Parliament, whether it be the Legislative