It was a legislation-packed day of government business on Thursday, with four bills introduced and four passing the Legislative Council, including one amending residential tenancies legislation and another changing how parking fines are issued. The House also debated a matter of public importance related to unsolved murders on the North Coast of NSW. Read on for more…

MATTER OF PUBLIC IMPORTANCE

Early on Thursday, on the motion of the Hon Jeremy Buckingham (Legalise Cannabis Party), the House agreed to debate a matter of public importance related to unsolved murders on the North Coast of NSW.

‘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.  

Contributions to the debate were made by members of the Opposition, The Greens and Independent member the Hon Rod Roberts. Read all member contributions in the Hansard record, and continued here.

PASSED: HEALTH INSURANCE LEVIES AMENDMENT BILL 2024

The Health Insurance Levies Amendment Bill 2024 passed the Legislative Council on Thursday. This bill seeks to amend the Health Insurance Levies Act 1982 to enable a base rate to be declared by the regulations. Read more about the bill in our previous blog.

Debate on the bill resumed, with contributions being made by members of the Opposition and Independent member the Hon Mark Latham. Read all member contributions in the Hansard record.

The House divided on the second reading of the bill (Ayes: 21/Noes: 17) with members of the Opposition, Pauline Hanson’s One Nation and Independents voting in the negative.

When the House resolved into committee of the whole…

  • Three amendments were moved by the Hon Damien Tudehope on behalf of the Opposition which sought to exempt private health funds that are already paying the gazetted hospital room rate from paying the increased levy. These amendments were negatived on division (Ayes: 17/Noes: 20)
  • Two amendments were moved by Ms Abigail Boyd on behalf of The Greens which sought to ensure data on private health insurance contributions towards cost of stays in public hospitals be published and to extend the date for making regulations past the operative date for 2025. These amendments were agreed to on the voices.

Read the full committee of the whole proceedings in the Hansard record.

With the third reading agreed to on the voices, the bill as amended was sent to the Legislative Assembly for concurrence.

INTRODUCED: PREVENTION OF CRUELTY TO ANIMALS AMENDMENT (PUPPY FARMING) BILL 2024

Also in the Legislative Council on Thursday, the Prevention of Cruelty to Animals Amendment (Puppy Farming) Bill 2024 was introduced by Minister for Agriculture the Hon Tara Moriarty. This bill seeks to regulate dog breeding and the advertising of dogs for sale.

In her second reading speech, Minister Moriarty said that the bill aimed to eliminate unethical puppy farms and dog breeding operations within NSW, addressing gaps in the current regulatory framework and aligning with the expectations of the community. The bill seeks to amend four Acts and Regulations to provide for a regulatory framework for dog breeding and the advertising of dogs to be sold, given away or otherwise transferred. The bill draws upon recommendations from the report of the Select Committee on Puppy Farming in New South Wales tabled in August 2022, as well as Victorian, Western Australian and South Australian puppy farming legislation.

The bill would amend the Prevention of Cruelty to Animals Act 1979 (POCTAA) to establish a maximum number of female adult dogs allowed on given premises (with certain exemptions and a grandfathering scheme); create mandatory registration schemes for breeding dogs; establish lifetime breeding caps for female dogs; set minimum staffing ratios for dog breeding premises; and specify requirements around the sale or transfer of dogs. The new part would not apply to the breeding of dogs in accordance with an animal research authority. Among other miscellaneous changes, one amendment would require a code of practice to be prescribed in relation to breeding dogs and cats and sets out penalties for non-compliance. The bill also proposes amendments to the Companion Animals Act 1998 to update definitions and requirements around breeder identification numbers. In addition to this, the bill would make consequential amendments to the Prevention of Cruelty to Animals Regulation 2012 and Companion Animals Regulation 2018.

Read Ms Moriarty’s second reading speech in the Hansard record to find out more about the bill.

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

INTRODUCED: ENERGY AMENDMENT (LONG DURATION STORAGE AND INVESTMENT) BILL 2024

In her capacity as Minister for Climate Change, The Hon Penny Sharpe introduced the Energy Amendment (Long Duration Storage and Investment) Bill 2024 on Thursday. This bill would amend the Electricity Infrastructure Investment Act 2020 and the Energy and Utilities Administration Act 1987 to set a long-duration storage infrastructure objective for 2034. It would also provide for matters relating to the Australian Energy Regulator’s functions, the NSW renewable energy sector plan, the administration of access schemes and infrastructure project financial matters.

In her second reading speech, Minister Sharpe stated that the bill aims to ensure that the NSW electricity system continues its transition to renewable energy, through delivering long-duration storage and encouraging investors. She explained that legislative changes are required to support implementation of the NSW Government’s Electricity Infrastructure Roadmap as well as recommendations from an independent check-up conducted last year.

The bill would make a number of amendments to the Electricity Infrastructure Investment Act 2020, including setting a new minimum objective for the construction of long-duration storage infrastructure with a total storage of at least 28 gigawatt hours for 2034, providing a process for amending the plan for the NSW renewable energy sector and ensuring that social and economic benefits for the NSW community and economy are taken into consideration. Other minor administrative and governance amendments have been proposed in relation to ensuring consumers are not overpaying Network Operators, supporting the effective operation of access rights schemes (while retaining protections against anti-competitive behaviour) and ensuring the Roadmap’s access schemes can be delivered under the National Electricity Rules by modifying the National Electricity (NSW) Law. Amendments are also proposed for the Energy and Utilities Administration Act 1987 to allow excess funds from the Energy Administration Account to be repaid to the Consolidated Fund. Read more about the bill in Minister Sharpe’s second reading speech.

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

PASSED: 24-HOUR ECONOMY LEGISLATION AMENDMENT (VIBRANCY REFORMS) BILL 2024

The 24-Hour Economy Legislation Amendment (Vibrancy Reforms) Bill 2024 was back in the Legislative Council on Thursday. The bill amends a number Acts relevant to the night-time economy including the Major Events Act 2009, the Liquor Act 2007 and the Environment Planning and Assessment Act 1979. Read more about the bill in our previous blog.

The bill had passed the Council with amendments on a previous sitting day and was sent to the Legislative Assembly for concurrence. During the Assembly’s consideration of the bill at this stage, it was further amended.

The House resolved into committee of the whole for consideration of the amendment made in the Assembly. Read the full committee of the whole proceedings in the Hansard record.

The House agreed to the amendment on the voices, with the bill then returned to the Assembly ready for the Governor’s assent.

PASSED: RESIDENTIAL TENANCIES AMENDMENT BILL 2024

The Residential Tenancies Amendment Bill 2024 passed the Legislative Council on Thursday, after having passed the Legislative Assembly on the previous sitting day. This bill, introduced by Minister for Housing the Hon Rose Jackson, amends the Residential Tenancies Act 2010 in relation to pets, termination of tenancies and payment of rent.

In her second reading speech, Minister Jackson explained that the bill seeks to introduce significant reforms to the rental market in NSW, aimed at protecting both renters and landlords. It ends “no-grounds” evictions, ensuring that leases can only be terminated for specific reasons, such as major renovations, property sale, or use for family housing. To prevent misuse, exclusion periods and penalties are introduced, requiring landlords to wait before re-renting under certain grounds. Additionally, the bill simplifies pet ownership for renters, establishes clear grounds for refusal, and allows appeals against unreasonable rejections. It also limits rent increases to once every 12 months, mandates convenient, free rent payment methods, and prohibits background check fees. Read more about the bill in Minister Jackson’s second reading speech.

During the second reading debate, contributions were made by members of the Opposition, the Animal Justice Party, The Greens, the Libertarian Party, Pauline Hanson’s One Nation and Independent member the Hon Rod Roberts. Read the second reading debate in the Hansard record.

When the House resolved into committee of the whole…

  • One amendment was moved by the Hon Taylor Martin (Independent) on behalf of the Hon Rod Roberts (Independent) which sought to reduce the waiting period by which a property may be re-let after the termination of a lease due to the intention to sell the property from six months to three months. This amendment was negatived on division (Ayes: 18/Noes: 20)
  • One amendment was moved by the Hon Scott Farlow on behalf of the Opposition which sought to create a process by which a landlord can give a termination notice at the end of a fixed-term contract. This amendment was negatived on division (Ayes: 18/Noes: 20)
  • Two amendments were moved by the Hon Emma Hurst on behalf of the Animal Justice Party which sought to create a system by which landlords must not unreasonably refuse consent to pets and are seen to have given consent unless they apply to the tribunal for an order to refuse consent. These amendments were negatived on division (Ayes: 6/Noes: 28)
  • Two amendments were moved by the Hon Emma Hurst on behalf of the Animal Justice Party which sought to clarify the conditions a landlord can impose when consenting to a tenant living with a pet. These amendments were negatived on negatived on the voices.
  • Three amendments were moved by the Hon Emma Hurst on behalf of the Animal Justice Party seeking to allow tenants to be able to keep pets in their property for a temporary period without consent. These amendments were negatived on the voices.
  • One amendment was moved by the Hon Emma Hurst on behalf of the Animal Justice Party which sought to require that applications and responses to the Secretary relating to the keeping of pets be stored and published for the purposes of data gathering. This amendment was negatived on the voices.
  • Two further amendments were moved by the Hon Emma Hurst on behalf of the Animal Justice Party which sought to require a landlord to provide evidence that fumigation and carpet cleaning is required before asking for it to be carried out upon vacation of the property. They would also remove inappropriate fencing as a ground for refusing consent for an animal. These amendments were negatived on the voices.
  • One amendment was moved by the Hon Emma Hurst on behalf of the Animal Justice Party which sought to address the continuation of consent when an animal is already living in a residential premises, for example when the property is sold to a new landlord. This amendment was agreed to on the voices.
  • Three amendments were moved by the Hon Emma Hurst on behalf of the Animal Justice Party which sought to update references in the bill from “type of animal” to the more specific “species of animal”. These amendments were negatived on division.
  • Four final amendments were moved by the Hon Emma Hurst on behalf of the Animal Justice Party sought to ensure that any specific subjective reasons for refusing consent for an animal must receive approval from the tribunal. These amendments were negatived on the voices.

Read the full proceedings from committee of the whole in the Hansard record.

With the third reading agreed to on the voices, the bill as amended was sent on to the Legislative Assembly for concurrence.

INTRODUCED: JUSTICE LEGISLATION AMENDMENT (CHILDREN) BILL 2024

Minister the Hon John Graham introduced the Justice Legislation Amendment (Children) Bill 2024 on Thursday. This bill would amend various Acts in the Communities and Justice portfolio relating to children.

In his second reading speech, Minister Graham said the bill aimed to create clarity and transparency in the decision-making of the Children’s Court and sentencing statistics. The bill proposes an amendment that would correct a minor error in an uncommenced amendment to the Child Protection (Working with Children) Act 2012. The amendment would clarify that, for proposed section 36C (1) of Act, a relevant person must notify the Children’s Guardian of the commencement of proceedings, a conviction, or a finding of guilt against the relevant person of a prescribed criminal offence outside of Australia in certain circumstances.

Amendments to the Children (Criminal Proceedings) Act 1987 and the Children (Community Service Orders) Act 1987 would clarify the actions that the Children’s Court may take in response to breaches of certain court orders, such as good behaviour bonds. The bill would give the Children’s Court express power to take no action, to vary or revoke conditions, to impose further conditions and to revoke an order in response to breaches of bond, probation orders and community service orders. It would also give the Children’s Court the power to take no action or to revoke an order releasing a person on condition that the person complies with an outcome plan if the court finds the person breached the outcome plan. This would bring the children’s breach process in line with the adult model in section 108C (5) of the Crimes (Administration of Sentences) Act 1999. Read Minister Graham’s second reading speech to find out more about the bill.

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

INTRODUCED: STATUTE LAW (MISCELLANEOUS PROVISIONS) BILL (NO. 2) 2024

The Statute Law (Miscellaneous Provisions) Bill (No. 2) 2024 was also introduced in the Council by Minister the Hon John Graham on Thursday.

Statute law bills dealing with ‘miscellaneous provisions’ such as this one are used to make a suite of minor amendments across a large number of Acts at the same time. They’re an efficient approach to keeping legislation up to date. Such bills typically make minor policy changes, repeal redundant provisions, address any typographical errors, update cross references and outdated material, and the like.

The bill introduced on Thursday is outlined in detail in Mr Graham’s second reading speech. Within Schedule 1 of the bill are proposed minor policy changes to 16 Acts and one regulation. Schedule 4 contains amendments to 11 Acts and regulations. Remaining Schedules deal with other small amendments to ensure the state’s legislation is current and accurate.

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

PASSED: FINES AMENDMENT (PARKING FINES) BILL 2024

Also passing the Legislative Council on Thursday was the Fines Amendment (Parking Fines) Bill 2024. This bill seeks to amend the Fines Act 1996 to ensure that people issued with penalty notices are for certain parking offences are issued with on-the-spot notices. Read more about the bill in our previous blog.

The House resumed the adjourned second reading debate on Thursday, with contributions made by members of the Opposition and The Greens. See the full debate in the Hansard transcript.

With the second and third readings of the bill agreed to on the voices, the bill was then forwarded to the Legislative Assembly for concurrence.

GENERAL MOTIONS

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

2 thoughts on “In the House – Thursday 24 October 2024”

  1. Pingback: In the House – Thursday 14 November 2024 – The House in Review
  2. Pingback: In the House – Tuesday 12 November 2024 – The House in Review

Leave a Reply