Electoral Funding Bill 2018

House of origin: Legislative Council

The bill was prepared in response to the Expert Panel on Political Donations (known as the Schott Report) and a subsequent report of the Joint Standing Committee on Electoral Matters. The bill repeals the Election Funding, Expenditure and Disclosures Act 1981, which is the principal legislation regarding election funding for local and State elections in New South Wales, and introduces a new electoral funding framework. The provisions of the bill extend to the disclosure, capping and prohibition of certain political donations and electoral expenditure for State Parliamentary and local government election campaigns and for the public funding of State Parliamentary election campaigns.

The House received the bill from the Assembly on Wednesday night. Consideration of the bill through all stages commenced immediately in what was a lengthy sitting of the House, which continued well after midnight.

The bill was introduced by the Parliamentary Secretary (Mr Franklin). Members of the Government, Opposition, The Greens, Christian Democratic Party and Shooters, Fishers and Farmers Party spoke to the second reading of the bill. See Hansard for details of the debate.

The second reading was agreed to on division (22:17), with the Government, Christian Democratic Party and Shooters Fishers and Farmers Party voting for the bill and the Opposition, The Greens and Animal Justice Party voting against the second reading.

The bill was amended in the committee stage.

The Shooters, Fishers and Farmers Party successfully moved seven amendments to extend timeframes for disclosure of political donations during pre-election periods to 21 days, and otherwise to half-yearly reporting.

The Opposition moved twelve amendments to a range of provisions. Nine of these amendments were agreed to, in relation to the meaning of election expenditure; that expenditure of amounts of additional entitlements under the Parliamentary Remuneration Act 1989 is not included in the caps on electoral expenditure; the explanation and analysis of donations; and the investigative powers of the regulator including representation by legal practitioners.

The Greens moved 38 amendments relating to issues including caps on electoral expenditure in local government elections or by third party campaigners (the Opposition had also circulated amendments dealing with third party campaigners), allowable and prohibited deposits into campaign accounts, declarations by candidates, and provisions to prohibit certain donations including by liquor, gaming, mining and petroleum entities. These amendments were not agreed to by the House.

The three Opposition amendments that were not agreed to by the House relate to the disclosure of information regarding loans and third-party campaigners acting in concert.

Unusually debate occurred on the third reading of the bill with Mr Searle (Opposition) speaking against the passing of the bill. However the bill, as amended, was agreed to by the House on division (22:17). The bill was returned to the Legislative Assembly with amendments.

Road Transport and Other Legislation Amendment (Digital Driver Licences and Photo Cards) Bill 2018

House of Origin: Legislative Assembly

The bill authorises the issue and use of digital driver licences and digital photo cards and provides that a digital driver licence or photo card will be displayed on a mobile phone or other electronic device by way of approved software. Digital driver licences and photo cards will be available on application. The bill provides that a driver will not commit an offence relating to the use of a mobile phone if the mobile phone is used solely for the purpose of displaying a digital driver licence in response to a request to do so by a police officer or other authorised person.

The House received the bill from the Legislative Assembly and it was read a first time on Wednesday morning. Debate on the second reading commenced after formalities (see Hansard) and continued after dinner (see Hansard for further debate). The second and third readings of the bill were agreed to and the bill was returned to the Assembly without amendment.

Miscellaneous Acts Amendment (Marriages) Bill 2018

House of origin: Legislative Council

The bill seeks to update the definitions for a range of terms relating to marriage and parentage contained in a number of New South Wales Acts and instruments following the commencement of the Commonwealth’s Marriage Amendment (Definition and Religious Freedoms) Act 2017. The bill also contains provisions relating to the ability of married persons to register a change of sex on the Births, Deaths and Marriages Register and to set out the effect of the Commonwealth legislation on certain enduring guardianship appointments and registered relationships.

Minister Harwin introduced the bill and gave his second reading speech (see Hansard for details). At the conclusion of the Minister’s speech debate was adjourned for five calendar days.

Companion Animals and Other Legislation Amendment Bill 2018

House of Origin: Legislative Council

The bill amends the Companion Animals Act 1998 and other legislation to make further provision about the welfare of animals and the duties and responsibilities of their owners, including by implementing the Government’s response to the 2015 Report of the Joint Select Committee Inquiry into Companion Animal Breeding Practices in New South Wales.

Minister Blair introduced the bill and gave his second reading speech on Wednesday after Question Time (see Hansard for the Minister’s speech). At the conclusion of the Minister’s speech debate was adjourned for five calendar days.

Justice Legislation Amendment Bill (No 2) 2018

House of origin: Legislative Council

The bill amends various acts and regulations relating to courts and crimes and other related matters. The amendments aim to improve criminal investigation and enforcement, improve court processes in criminal proceedings, support victims of crime, improve civil procedure, and support the management of offenders and young people in custody and following their release. The bill also introduces amendments to protect the community from offenders who have reached the end of their prison sentence and pose an unacceptable risk of committing a future serious terrorism offence.

The Parliamentary Secretary (Mr MacDonald) introduced the bill and gave his second reading speech (see Hansard for details of the speech). At the conclusion of the Parliamentary Secretary’s speech debate was adjourned for five calendar days.

Statute Law (Miscellaneous Provisions) Bill 2018

House of origin: Legislative Council

The bill continues the statute law revision program, which has been in place for more than 30 years. Bills of this kind have featured in most sessions of Parliament since 1984, and generally contain policy changes of a minor and non-controversial nature that are too inconsequential to warrant the introduction of a separate amending bill. On this occasion, the bill contains amendments to 20 Acts and related amendments to four instruments including amendments to the Road Transport Act 2013, the Crown Land Management Act 2016 and the Home Building Regulation 2014.

The Minister (Mr Harwin) introduced the bill and gave his second reading speech on Wednesday (see Hansard for details of his speech). At the conclusion of the Minister’s speech debate was adjourned for five calendar days.

Adjournment debate

The following members spoke to the adjournment debate:

    • Mr Donnelly – Palliative Care
    • Mr Shoebridge – Aboriginal Incarceration Rates
    • Mr Amato – Western Sydney Bushfires
    • Mr Veitch – Gallipoli Dawn Service
    • Ms Walker – Childhood Obesity
    • Mrs Maclaren-Jones – Tathra Bushfires.

See Hansard for details of the debate.