The Legislative Council’s final private members’ business day for 2023 was packed with bills and motions, along with orders for papers. Bills relating to the personal use of cannabis, drug pill testing and amending the Constitution Act 1902 were all introduced. Motions on a wide range of topics were also debated, from Perinatal Mental Health Week to lab-grown meat. Read on for more…
INTRODUCED: Drug Misuse and Trafficking Amendment (Regulation of Personal Adult Use of Cannabis) Bill 2023
The Drug Misuse and Trafficking Amendment (Regulation of Personal Adult Use of Cannabis) Bill 2023 was introduced by the Hon Jeremy Buckingham (Legalise Cannabis Party). It seeks to amend the Drug Misuse and Trafficking Act 1985 to legalise the possession and cultivation of small quantities of cannabis for personal use. The bill would allow an adult to:
- Cultivate not more than six cannabis plants for personal use
- Possess cannabis leaf from six plants, following their removal from the growth medium
- Possess not more than 50g of cannabis leaf outside their residence.
The bill would also permit an adult to give up to 50g of dry cannabis, by way of a gift, to another adult.
In his second reading speech, Mr Buckingham said the purpose of the bill is not to create a commercial model for cannabis, but to allow adults to legally use, grow and gift small quantities of cannabis for personal use. The sale of cannabis would remain illegal. Read more about the bill in Mr Buckingham’s second reading speech.
After its introduction, debate on the bill was adjourned for five calendar days according to standing order.
INTRODUCED: Pill Testing Trial Bill 2023
The Pill Testing Trial Bill 2023 was introduced by Ms Cate Faehrmann (The Greens). This bill would provide for the trial of pill testing services for prohibited drugs and other scheduled substances, for the purpose of drug harm reduction.
In addition to setting up a pill testing licensing scheme, the bill also provides that a person who, at a pill testing place, provides a pill testing employee with a substance for pill testing is exempt from liability for an offence against the Drug Misuse and Trafficking Act 1985 or the Medicines, Poisons and Therapeutic Goods Act 2022 for possession of a prohibited drug or scheduled substance in various circumstances, including travel to the pill testing site.
More details on the bill can be read in Ms Faehrmann’s second reading speech, also continued here.
In her speech, Ms Faehrmann spoke to the experiences of other jurisdictions, including the Netherlands, the United Kingdom, Canada and New Zealand, where pill testing services have been implemented. She also referenced the ACT, where pill testing trials took place in 2019 with a fixed-site pill testing service now in operation.
After its introduction, debate on the bill was adjourned for five calendar days according to standing order.
INTRODUCED: Constitution Amendment (Rights and Freedoms) Bill 2023 and Constitution Amendment (Rights and Freedoms – Referendum) Bill 2023
The Constitution Amendment (Rights and Freedoms) Bill 2023 and Constitution Amendment (Rights and Freedoms – Referendum) Bill 2023 were introduced in cognate by the Hon John Ruddick (Liberal Democratic Party). The first bill seeks to amend the Constitution Act 1902 to limit the power of the Parliament to make laws restricting certain personal rights and freedoms. Because the bill would amend the Constitution Act 1902, a referendum would need to be held to make this happen. The second bill seeks to hold this referendum at the same time as the next general election.
Specifically, the Constitution Amendment (Rights and Freedoms) Bill 2023 would provide that the Parliament does not have the power to make a law that:
- Establishes a religion
- Prohibits the free exercise of a religion
- Restricts freedom of speech
- Restricts the freedom of the press
- Restricts the right of people in NSW to peaceably assemble or to petition for a redress of grievances.
In his second reading speech, Mr Ruddick said the bills would protect the right to free speech in NSW by enshrining the above changes in the state’s Constitution (so that they cannot be expressly or impliedly repealed or amended by another Act, unless approved by the electors at a referendum). Read more about the bills in Mr Ruddick’s second reading speech.
After their introduction in the House, debate on the bills was adjourned for five calendar days according to standing order.
A REFERENCE TO THE PROCEDURE COMMITTEE
On Wednesday, the House agreed to a new inquiry for the Procedure Committee, as moved by the Hon Mark Latham (Independent). The inquiry will examine the giving of notices of motion by members of the Council under standing order 75, with a focus on expediting the process to save time in the chamber. See debate on the motion, which included a negatived amendment, in the Hansard. Details of the inquiry will be made available via the Parliament’s inquiry listing page.
GENERAL MOTIONS
The following motions were debated in the House over the course of the day:
| Topic of motion | Moved by | Agreed to? |
| Art Gallery of NSW funding and Sydney Modern | The Hon Susan Carter (Liberal) | Negatived |
| Perinatal Mental Health Week | The Hon Emily Suvaal (Labor) | Agreed to |
| Treaty processes in NSW | Ms Sue Higginson (The Greens), as by leave amended | Agreed to on division (Ayes: 20/Noes: 17) |
| Lab-grown ‘meat‘ | The Hon Robert Borsak (Shooters, Fishers and Farmers) | Negatived on division (Ayes: 3/Noes: 35) |
| The state of innovation and entrepreneurship in NSW | The Hon Jacqui Munro (Liberal), as by leave amended | Agreed to, as amended by Ms Faehrmann, on division (Ayes: 19/Noes 17) |
| Theo Seremitidis and SafeWork NSW | The Hon Mark Buttigieg (Labor) | Agreed to |
In addition, the following general motions were agreed to without debate during the morning’s formal business:
- Sydney Chocolate Ball, moved by the Hon Jacqui Munro (Liberal)
- Report of the Independent Legal Arbiter – Local and Community Grants Decisions, moved by the Hon Damien Tudehope (Liberal)
- Retirement of Donna Riles as Orange Regional Conservatorium Director, moved by the Hon Wes Fang on behalf of the Hon Sam Farraway (both Nationals)
- Upstairs Startup Hub Bathurst, also moved by Mr Fang on behalf of Mr Farraway
- Australian National Field Days, also moved by Mr Fang on behalf of Mr Farraway
- National Radio News, also moved by Mr Fang on behalf of Mr Farraway
- Radio Station 2MCE, also moved by Mr Fang on behalf of Mr Farraway
- Bathurst Great Corporate Duck Race, also moved by Mr Fang on behalf of Mr Farraway
- NSW Rural Women’s Gathering, also moved by Mr Fang on behalf of Mr Farraway
- Cumnock Village Markets Family Fun Day, also moved by Mr Fang on behalf of Mr Farraway
- Plumbing and sprinkler fitter apprenticeship awards and graduation dinner, moved by the Hon Mark Buttigieg (Labor)
- Republic of Türkiye Centenary reception, also moved by Mr Buttigieg
- South Asian Film, Arts and Literature Festival Gala Dinner Awards Night, also moved by Mr Buttigieg
- NSW Rural Women’s Gathering 2023 and women’s voices, moved by the Hon Aileen MacDonald (Liberal)
- Demand for pets during Christmas, moved by the Hon Emma Hurst (Animal Justice Party)
ORDERS FOR PAPERS
| Request | Moved by | Agreed to? | Due date |
| Papers relating to alleged incidents on the Coffs Harbour bypass project | The Hon Sam Farraway (Nationals) | Agreed to, as amended | 20 December 2023 |
| Papers relating to Kosciusko National Park Wild Horse Heritage Management Plan | The Hon Emma Hurst (Animal Justice Party), as by leave amended | Agreed to | 10 January 2024 |
| Papers relating to palliative care funding | The Hon Damien Tudehope (Liberal), as by leave amended | Agreed to | 20 December 2023 |
| Papers relating to the Murray-Darling Basin Plan | The Hon Sarah Mitchell (Nationals) | Negatived on division (Ayes: 15/Noes: 21) | N/A |
DOCUMENTS TABLED AND REPORTED IN THE HOUSE
Among the documents tabled and reported on Wednesday were:
- Premier and Cabinet 2023, a November 2023 financial audit report of the Audit Office of NSW
- Regional NSW 2023, a November 2023 financial audit report of the Audit Office of NSW
Find all documents tabled and reported in our Tabled Papers Database.
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