Seven bills were passed by the Legislative Council on Thursday, including the cognate 24-Hour Economy bills, which create a 24-Hour Economy Commissioner and make changes to a number of Acts to increase the vibrancy of the night-time economy. Other bills passed related to electoral funding, seatbelt enforcement, biosecurity and management of the Centennial Parklands. Read on for more…
PASSED: 24-HOUR ECONOMY LEGISLATION AMENDMENT (VIBRANCY REFORMS) BILL & 24-HOUR ECONOMY COMMISSIONER BILL 2023 (IN COGNATE)
The 24-Hour Economy Legislation Amendment (Vibrancy Reforms) Bill 2023 and the 24-Hour Economy Commissioner Bill 2023 completed their journey through the Council in cognate on Thursday, with the second reading debate on the bills having begun earlier in the week.
The ‘Vibrancy Reforms’ bill amends the Gaming and Liquor Administration Act 2007, the Liquor Act 2007, and the Liquor Regulation 2018 in relation to sound management for licenced venues, to increase the vibrancy of the night-time economy. Meanwhile, the 24-Hour Economy Commissioner Bill 2023 allows for the appointment of a 24-Hour Economy Commissioner under the Government Sector Employment Act 2013. Find full details on each of these bills in our previous blog.
On Thursday, the second reading debate continued with Minister John Graham’s speech in reply before the second reading was agreed to on the voices. The House then resolved into committee of the whole to consider a significant number of amendments.
For the 24-Hour Economy Legislation Amendment (Vibrancy Reforms) Bill 2023…
- Three amendments were moved by Ms Cate Faehrmann on behalf of The Greens, which sought to limit the hours in which poker machines can operate in licensed venues. These were negatived on the voices.
- 30 amendments from the Opposition were moved by the Hon Jacqui Munro, including to strengthen the responsibilities of licensees relating to the impacts of their trading, both positive and negative, in respect of licensing changes. Other amendments sought to establish a review mechanism for directions given to gaming and liquor licensees, and to ensure disturbance complaints are endorsed, in writing, by at least five people in the neighbourhood. All of these amendments were agreed to on the voices.
- Two amendments were moved by the Hon Jeremy Buckingham (Legalise Cannabis Party), relating to the offence of permitting minors onto licensed premises and agreed to on voices.
- Two Government amendments, moved by Minister Graham, were moved to allow temporary instead of permanent road closures for the purpose of outdoor dining and performance. These amendments were agreed to on voices.
For the 24-Hour Economy Commissioner Bill 2023…
- 19 Greens amendments were moved by Ms Cate Faehrmann to expand the role to the “24-Hour Economy and Culture Commissioner”, to include the city and state’s culture as part of the role’s goals and functions. These amendments were negatived on voices.
- Two Opposition amendments were moved by the Hon Jacqui Munro to broaden the scope of the commissioner to regional areas outside Sydney, including ensuring that the related Advisory Council includes a member from regional NSW. These amendments were agreed to on voices.
The full committee of the whole proceedings can be read here.
With the bills as amended agreed to, the bills were read a third time and sent to the Legislative Assembly for concurrence.
PASSED: ELECTORAL FUNDING AMENDMENT BILL 2023
Also passing the Council on Thursday was the Electoral Funding Amendment Bill 2023. The bill seeks to amend the Electoral Funding Act 2018 to increase the cap on electoral expenditure by third-party campaigners for state election campaigns. Read more about the bill in our blog from when it was introduced back in August.
During the second reading debate, contributions were made by members of the Opposition, The Greens and the Liberal Democratic Party. See all members’ contributions in the Hansard record.
When the House resolved into committee of the whole…
- Two amendments were moved by the Hon Chris Rath on behalf of the Opposition, seeking to reduce the cap on electoral expenditure during by-elections from $225,900 to $75,000. These were negatived on the voices.
- Ms Cate Faehrmann (The Greens), moved four separate amendments to the bill. One amendment sought to reduce the expenditure cap for third‑party campaigners from $225,900 to $180,720 during by-elections, which was agreed to on the voices. A second amendment sought to alter the applicability of a new cap on third-party campaigner expenditure so that it would apply to by-elections only, rather than to both by-elections and general elections. This was agreed to on the voices. Two final amendments sought to insert a new provision requiring the Electoral Commissioner to review funding caps, and were also agreed to on voices.
- Two further amendments were moved by the Hon Damien Tudehope on behalf of the Opposition, which sought to change the definition of a third-party campaigner and were negatived on division (Ayes: 14/Noes: 22).
The full committee of the whole proceedings can be read here.
With the bill as amended agreed to, the bill’s third reading was also agreed to and it was sent to the Legislative Assembly for concurrence.
PASSED: ROAD TRANSPORT LEGISLATION AMENDMENT (AUTOMATED SEATBELT ENFORCEMENT) BILL 2023
After having passed the Legislative Assembly earlier in the week, the Road Transport Legislation Amendment (Automated Seatbelt Enforcement) Bill 2023 was introduced to the Council by Roads Minister the Hon John Graham. The bill seeks to amend the Road Transport Act 2013 and Transport Administration Act 1988 to provide for the automated detection of driver and passenger seatbelt offences using cameras or similar devices, and consequent prosecution of offences.
In his second reading speech, Minister Graham said that despite seatbelts being worn by the majority of road users, road deaths where a lack of seatbelt is a factor have steadily increased in recent years, prompting the necessity for these new provisions. Read more in Minister Graham’s second reading speech.
During the second reading debate, contributions were made by members of The Greens, the Opposition and the Liberal Democratic Party. See all members’ contributions in the Hansard record.
The House resolved into committee of the whole to consider two amendments to the bill, with proceedings seen in Hansard here and also here (following an adjournment of the committee stage to allow changes to amendments to be circulated). During committee, one amendment was moved by Ms Cate Faehrmann on behalf of The Greens) to remove the warning period for those caught by camera not wearing a seatbelt. This amendment was agreed to on division (Ayes: 15/Noes: 13). An Opposition amendment relating to the warning period was also moved by the Hon Natalie Ward, but was withdrawn following the Opposition’s support for The Greens amendment.
With the committee agreeing to the bill as amended, the House then agreed to the third reading of the bill on the voices, before it was returned to the Assembly for consideration of the Council’s change.
PASSED: BIOSECURITY AMENDMENT (INDEPENDENT BIOSECURITY COMMISSIONER) BILL 2023
Introduced in the Council during October, the Biosecurity Amendment (Independent Biosecurity Commissioner) Bill 2023 was back before the Council on Thursday. It establishes an Independent Biosecurity Commissioner who would provide independent and expert advice, conduct reviews, and make recommendations to the Government on issues relating to pests and weeds in NSW. Read more in our blog from when the bill was introduced.
During Thursday’s second reading debate, contributions were made by members of the Shooters, Fishers and Farmers, the Animal Justice Party, the Legalise Cannabis Party, The Greens, the Opposition and the Government. See all members’ contributions in the Hansard record.
When the House resolved into committee of the whole, one amendment was moved by the Hon Emma Hurst (Animal Justice Party), which sought to require the commissioner to consult with animal welfare organisations and to consider animal welfare in any advice or reviews relating to the management of animal populations. This amendment was negatived on division (Ayes: 6/Noes: 24).
With no changes made, the House agreed to the third reading on the voices, with the bill then forwarded to the Assembly for concurrence.
PASSED: CENTENNIAL PARK AND MOORE PARK TRUST AMENDMENT (CAR PARKING)
After having passed the Legislative Assembly in the previous sitting period, the Centennial Park and Moore Park Trust Amendment (Car Parking) Bill 2023 was introduced in the Council by the Hon Anthony D’Adam on behalf of the Hon Penny Sharpe. The bill amends the Centennial Park and Moore Park Trust Act 1983 to extend on-grass car parking arrangements in Moore Park East, until the time when a new carpark is built, adjacent to the Sydney Football stadium. Further details of the bill can be found in Mr D’Adam’s second reading speech.
During the second reading debate, contributions were made by members of the Opposition and The Greens. See all members’ contributions in the Hansard record.
With both second and third readings of the bill agreed to on the voices, the bill was returned to the Assembly, ready to be forwarded to the Governor for assent.
PASSED: CENTENNIAL PARK AND MOORE PARK TRUST AMENDMENT (PUBLIC TRANSPORT) BILL 2023
A further bill relating to the Centennial Parklands was passed on Thursday. The Centennial Park and Moore Park Trust Amendment (Public Transport) Bill 2023 was introduced in the Council in October and amends the Centennial Park and Moore Park Trust Act 1983 to facilitate public transport arrangements in and around Sydney’s Centennial Parklands – including Centennial Park, Moore Park and Queens Park. Find more information on the bill in our earlier blog.
During the second reading debate, contributions were made by members of the Opposition. See all members’ contributions in the Hansard record.
Both second and third readings of the bill were agreed to on the voices, with the bill then sent on to the Assembly for concurrence.
GENERAL MOTIONS
The following general motions were agreed to without debate during the morning’s formal business:
- Canterbury-Bankstown Chamber of Commerce, moved by The Hon Rachel Merton (Liberal)
- Delegation from Gujarat, also moved by Ms Merton
- International Day for the Elimination of Violence Against Women, moved by the Hon Aileen MacDonald (Liberal)
- The Australian Bengali Hindu Association’s Durga Puja event 2023, moved by the Hon Mark Buttigieg (Labor)
- Opening of the Kwan Yin Temple vegan house, also moved by Mr Buttigieg
DOCUMENTS TABLED AND REPORTED IN THE HOUSE
Find all documents tabled and reported in our Tabled Papers Database.