In the House – Thursday 24 August 2023

A bill relating to the certifying of cannabis evidence and another amending a number of revenue and fines Acts both passed the Legislative Council on Thursday. Meanwhile, new bills were introduced relating to the acquisition of land for the Hill Road upgrade at Sydney Olympic Park, and to implement recommendations of a statutory review of the Motor Dealers and Repairers Act 2013.

With the day rounded out by a matter of public importance debate on proposed aerial shooting of brumbies in Kosciusko National Park and updates on committee inquiries, read on for more…  

MATTER OF PUBLIC IMPORTANCE: BRUMBIES IN KOSCIUSZKO NATIONAL PARK

On Thursday, on the motion of the Hon Emma Hurst (Animal Justice Party), the House agreed to debate as a matter of public importance “the NSW Government’s proposal to undertake aerial shooting of brumbies in Kosciusko National Park”.

Contributions to the debate were heard from across the chamber, including from members of the Government, the Opposition, The Greens, and Independent the Hon Rod Roberts. Find details in the Hansard record here and also here.

Did you know? ‘Matters of public importance’ allow members to debate an issue, without the requirement for a vote on the matter. This means that at the conclusion of the debate, the motion simply lapses.    

PASSED: REVENUE, FINES AND OTHER LEGISLATION AMENDMENT BILL 2023

Having passed the Legislative Assembly earlier on Thursday, the Revenue, Fines and Other Legislation Amendment Bill 2023 was introduced in the Council by Minister Courtney Houssos on behalf of the Treasurer, the Hon Daniel Mookhey, to make a host of miscellaneous amendments to revenue-related legislation.

The bill amends 12 different Acts, with the Minister explaining that the reforms could be classed into seven broad categories, including amendments to state taxation legislation, fines legislation and land valuation legislation. Further details can be found in Minister Houssos’s second reading speech here.

During the second reading debate, contributions were made by members of the Opposition and The Greens.

After the second reading was agreed to on the voices, the House resolved into committee of the whole, where…

• The Opposition moved an amendment relating to the Land Tax Act, to insert an exemption for land used for primary production, such that in determining the dominant use of land (for land tax purposes) any part of the land used as an easement for network infrastructure associated with a renewable energy zone is to be excluded. The amendment was negatived (Ayes:16/ Noes:23).
• The Opposition also moved an amendment to provide for an exemption from payroll tax for payments by medical centres to registered health practitioners. This was also negatived (Ayes:16/ Noes:25).
• The Government introduced an amendment to pause payroll tax audits for GPs and GP practices for 12 months. This was passed on the voices.
• The Greens moved one amendment in relation to wages at consultancy firms, which was negatived on the voices.

The full committee of the whole proceedings can be read here.    

With the third reading agreed to on the voices, the bill as amended was sent on to the Legislative Assembly for concurrence. Later in the sitting, the House received a message from the Assembly agreeing to the amendment made, with the bill ready to be forwarded to the Governor for assent.  

INTRODUCED: MOTOR DEALERS AND REPAIRERS AMENDMENT BILL 2023

The Motor Dealers and Repairers Amendment Bill 2023 was introduced by Parliamentary Secretary the Hon Anthony D’Adam on behalf of Minister Courtney Houssos. The purpose of the bill is to amend the Motor Dealers and Repairers Act 2013 to address the recommendations of a recent statutory review of the Act. In his second reading speech, Mr D’Adam said the bill seeks to ensure that the legislative scheme can continue to operate as Parliament intended, by making amendments that will result in significant but important reforms to the automotive industry in NSW.  

These reforms include:

• Establishing a new legislative framework to permit and regulate the online sale of motor vehicles by motor dealers
• Changes to record-keeping requirements for motor dealers, motor vehicle recyclers and motor vehicle repairers
• Changes relating to the consumer guarantee for motor vehicles under the Australian Consumer Law (NSW)
• New offence provisions
• Changes to the disciplinary process for licence holders and former licence holders
• Changes to the period within which a person may make a claim for compensation from the Motor Dealers and Repairers Compensation Fund
• Increasing the maximum monetary penalty for various offences.

Further details are available in Mr D’Adam’s second reading speech.  

After its introduction, debate on the bill was adjourned for five calendar days, according to standing order.  

INTRODUCED: SYDNEY OLYMPIC PARK AUTHORITY AMENDMENT (HILL ROAD UPGRADE) BILL 2023

The Sydney Olympic Park Authority Amendment (Hill Road Upgrade) Bill 2023 was introduced by the Minister for Roads, the Hon John Graham. The bill seeks to amend the Sydney Olympic Park Authority Act 2001 to enable certain land in the Millennium Parklands to be acquired for the purposes of the Hill Road upgrade.  

In his second reading speech, Mr Graham said the bill is vital to the delivery of the Carter Street urban renewal precinct, located adjacent to Sydney Olympic Park, where 6200 new homes, along with a new commercial and retail centre, will be built close to public transport. The Minister described the Hill Road upgrade as an essential component of the delivery of the precinct’s master plan, with the road forming an increasingly important road link in Sydney’s Central River City. In addition, the upgrade will deliver improved connectivity to the Sydney Olympic Park precinct and the residential and commercial centres of Newington and Wentworth Park. Further details can be found in the Minister’s second reading speech.

Following the bill’s introduction, debate was adjourned for five calendar days, according to standing order.  

PASSED: DRUG MISUSE AND TRAFFICKING AMENDMENT (APPOINTED PERSONS) BILL 2023

Passed by the Legislative Assembly on Wednesday, the Drug Misuse and Trafficking Amendment (Appointed Persons) Bill 2023 was introduced in the Council by Parliamentary Secretary the Hon Anthony D’Adam on behalf of the Hon Daniel Mookhey. It amends the Drug Misuse and Trafficking Act 1985 in relation to the issuing of certificate evidence, following the analysis of a plant or substance.  

Specifically, Mr D’Adam explained the bill addresses an issue concerning the validity of appointments of people to give evidentiary certificates under section 43 of the Act. He explained that due to machinery of government changes made in 2020, certifier appointments since made by the Secretary of the Department of Regional NSW are technically invalid (with the original Act conferring the appointing function to the Secretary of the Department of Industry, Skills and Regional Development). This means that convictions under the Act relying on certificates of evidence about the identity and quantity of cannabis plant or leaf that have been given by certifiers invalidly appointed may be unsafe and liable to challenge. Further details of the bill are available in Mr D’Adam’s second reading speech.

During the second reading debate, contributions were made by members of the Opposition, The Legalise Cannabis Party, The Greens and the Government. See all member’s contributions in the Hansard record.  

The second reading was agreed to on the voices, and when the House resolved into committee of the whole, two amendments were moved by The Greens. The first sought to omit the power to appoint a certifier by regulation and require that power to sit with the Executive Director under the Royal Botanic Gardens and Domain Trust Act 1980. The second sought to remove the retrospective application of the law. Both amendments were negatived on division (the first Ayes: 7/Noes: 31 and the second Ayes: 6/Noes: 32). The bill as read was then agreed to on division (Ayes: 31/Noes: 7). The full proceedings in committee of the whole can be read here.  

With the third reading agreed to on the voices, the bill was then returned to the Assembly, ready for the Governor’s assent.    

NEW COMMITTEE INQUIRIES  

News relating to three parliamentary inquiries was heard in the chamber on Thursday:  

• As the Council’s Law and Justice Committee prepares for its annual review of the state’s workers compensation scheme, during the morning’s formal business, on the motion of committee Chair the Hon Greg Donnelly (Labor), the House agreed to refer evidence from last year’s inquiry to the new review. Learn more about this year’s review here.

• As noted in a previous blog, the Legislative Assembly had earlier requested the Council’s agreement to appoint a new joint committee to inquire into the protection of local water utilities from privatisation. On Thursday, the House agreed to the appointment of the committee which, at the request of the Assembly, will be chaired by Upper House member the Hon Stephen Lawrence (Labor). Details of the new inquiry will soon be available on our inquiry listing page.
  
  
• A new inquiry into the state’s planning system and impacts of climate change on the environment and communities was reported in the House by Planning and Environment Committee Chair Ms Sue Higginson (The Greens). Visit the inquiry’s webpage here.

A REMINDER ABOUT PETITIONS

Early in Thursday’s sitting, five petitions were presented by Ms Sue Higginson (The Greens), all relating to land clearing and development.   A reminder that a list of petitions that have been presented to the Council is available on the Parliament’s website. Meanwhile, all digital petitions currently open for signatures can be found here.  

Learn more about petitioning the Upper House.

GENERAL MOTIONS

The following motions were agreed to without debate, during the morning’s formal business:

• National Forestry Day, moved by the Hon Mark Banasiak (Shooters, Fishers and Farmers Party)
• Workplace safety of young workers, moved by the Hon Mark Buttigieg (Labor)
• Bonnyrigg Sports Club Serbian Folkloric Festival, moved by the Hon Rachel Merton (Liberals)
• Lidcombe RSL Victory in the Pacific Day, also moved by Ms Merton
• AUSPAK celebration of Pakistan Independence Day, also moved by Mr Buttigieg

DOCUMENTS TABLED AND REPORTED IN THE HOUSE

Among the documents tabled on Thursday was the official Register of Disclosures by Members of the Legislative Council: Primary returns and Discretionary returns for the period May 2023 to 23 August 2023.  

Find other statutory report and papers tabled and reported in our Tabled Papers Database.