VOTES AND PROCEEDINGS - parliament.qld.gov.au · (k) Minister for Environment (Mr Wells) made a ministerial statement relating to the Sustainable Parks Program (l) Minister for Public

27 Nov 2002 845

2001–02

LEGISLATIVE ASSEMBLY OF QUEENSLAND

FIRST SESSION OF THE FIFTIETH PARLIAMENT

VOTES AND PROCEEDINGS NO. 94

WEDNESDAY, 27 NOVEMBER 2002

CONTENTS

ADJOURNMENT ................................................................................................................................. 851 ATTENDANCE .................................................................................................................................... 852 ENVIRONMENTAL LEGISLATION AMENDMENT BILL .................................................................... 848 INDUSTRIAL RELATIONS AMENDMENT BILL................................................................................. 849 MATTERS OF PRIVILEGE ................................................................................................................. 846 MEETING OF THE ASSEMBLY ......................................................................................................... 846 MINISTERIAL PAPER TABLED BY THE ACTING CLERK................................................................ 846 MINISTERIAL PAPERS ...................................................................................................................... 846 MINISTERIAL STATEMENTS............................................................................................................. 846 NOTICE OF MOTION.......................................................................................................................... 848 NOTICE OF MOTION (DEBATED)—

BEATTIE GOVERNMENT RESPONSE TO DROUGHT................................................................ 849 PETITIONS.......................................................................................................................................... 846 POSTPONED ORDERS – GOVERNMENT BUSINESS .................................................................... 849 PRIVATE MEMBERS' STATEMENTS................................................................................................ 848 QUESTIONS WITHOUT NOTICE....................................................................................................... 848 STANDING AND SESSIONAL ORDERS—

HOURS AND ORDER OF BUSINESS FOR TODAY ..................................................................... 847 VOLUNTARY ASSUMPTION OF RISK BILL...................................................................................... 851 WORKCOVER QUEENSLAND AMENDMENT BILL.......................................................................... 849

846 Votes and Proceedings No. 94 – Wednesday, 27 November 2002

1 MEETING OF THE ASSEMBLY The Assembly met at 9.30am, pursuant to adjournment. The Speaker (Honourable R. K. Hollis) read prayers.

2 MATTERS OF PRIVILEGE (Hansard p.4821, 9.31am) (a) Leader of the Opposition (Mr Horan) rose on a matter of privilege suddenly arising.

Paper: Mr Horan, during his speech, tabled the following paper— Article from The Courier–Mail, dated 27 November 2002, entitled Stadium walkway stumbles to a halt

(b) Deputy Premier, Treasurer and Minister for Sport (Mr Mackenroth) rose on a matter of privilege.

3 PETITIONS

The following paper petitions, lodged with the Acting Clerk by the Members indicated, were received— Ms Rose, from 19 petitioners, requesting the House to endorse the SEQ Regional Nature Conservation Strategy and declare vegetation clearing as an environmentally relevant activity under the Environmental Protection Act 1994 and allocate adequate funding for koala research, education, management and acquisition of koala habitat in the Gold Coast region. Mr Pearce, from 175 petitioners, requesting the House to ensure that relevant government departments take seriously the concerns of residents and do everything in their power to see that the proposed “Paradise Lagoons” livestock feedlot at Alton Downs does not proceed. Mr Pitt, from 453 petitioners, requesting the House to not approve the notice of application for a detached bottle shop at Forest Gardens Shopping Centre, Cairns. Mr Pitt, from 1314 petitioners, requesting the House to amend existing laws to establish a system of minimum sentencing of those found guilty of crimes of violence so that persons found guilty of these offences pay a reasonable penalty for their crimes. Mr Mulherin, from 1830 petitioners, requesting the House to halt the Mackay Port Authority’s consideration to dump dredged material from Mackay Harbour to the area known locally as “Bedford’s Paddock” and review all the options for the upgrading of Mackay Harbour.

4 MINISTERIAL PAPER TABLED BY THE ACTING CLERK The Acting Clerk tabled the following ministerial paper— Minister for Tourism and Racing and Minister for Fair Trading (Ms Rose)

Property Agents and Motor Dealers Tribunal – Annual Report 2001-02

5 MINISTERIAL PAPERS The following ministerial papers were tabled— Attorney-General and Minister for Justice (Mr Welford)—

District Court – Annual Report 2001-02, in accordance with s 130(A)1 of the District Court Act 1967 Supreme Court – Annual Report 2001-02, in accordance with s 119(B)1 of the Supreme Court of Queensland Act 1991

6 MINISTERIAL STATEMENTS (Hansard p.4822, 9.36am) (a) Premier and Minister for Trade (Mr Beattie) made a ministerial statement relating to the

achievements of the Beattie Government. Paper: Mr Beattie, during his statement, tabled the following paper—

Document entitled Better Government from the Beattie Government - Some Major Achievements since the 2001 Election

(b) Premier and Minister for Trade (Mr Beattie) made a ministerial statement relating to Equitana 2002.

Votes and Proceedings No. 94 – Wednesday, 27 November 2002 847

(c) Premier and Minister for Trade (Mr Beattie) made a ministerial statement relating to Gold Coast tourism.

(d) Premier and Minister for Trade (Mr Beattie) made a ministerial statement relating to the Australian Export Awards.

(e) Premier and Minister for Trade (Mr Beattie) made a ministerial statement relating to the death of Justice Bob Douglas.

(f) Attorney-General and Minister for Justice (Mr Welford) made a ministerial statement relating to the death of Justice Bob Douglas.

(g) Minister for Employment, Training and Youth and Minister for the Arts (Mr Foley) made a ministerial statement relating to (i) the death of Justice Bob Douglas and (ii) the Queensland Heritage Trails Network and the opening of the upgraded Matilda Centre.

(h) Minister for Health and Minister Assisting the Premier on Women’s Policy (Mrs Edmond) made a ministerial statement relating to funding for public hospital emergency departments.

(i) Minister for Police and Corrective Services and Minister Assisting the Premier on the Carpentaria Minerals Province (Mr McGrady) made a ministerial statement relating to police numbers.

(j) Minister for Transport and Minister for Main Roads (Mr Bredhauer) made a ministerial statement relating to student behaviour on buses and the Managing Student Behaviour Training Package for School Bus Drivers.

(k) Minister for Environment (Mr Wells) made a ministerial statement relating to the Sustainable Parks Program

(l) Minister for Public Works and Minister for Housing (Mr Schwarten) made a ministerial statement relating to public housing waiting lists. Papers: Mr Schwarten tabled the following papers—

Document from Department of Housing listing applications for housing by area office and by waitlist area as at 31 October 2002 Non-conforming petition from 339 petitioners relating to the September 2002 Regulatory Impact Statement by Queensland Fisheries

(m) Minister for Families and Minister for Aboriginal and Torres Strait Islander Policy and Minister for Disability Services and Minister for Seniors (Ms Spence) made a ministerial statement relating to funding provided to Lifeline Brisbane for the Elder Abuse Prevention Unit.

(n) Minister for Primary Industries and Rural Communities (Mr Palaszczuk) made a ministerial statement relating to the establishment of a drought hotline – 1800 025 656.

_______________

Distinguished visitors: Mr Speaker informed the House of the presence in the Gallery of delegation of senior public servants from Sri Lanka, being hosted by the University of Southern Queensland.

_______________

(o) Minister for Natural Resources and Minister for Mines (Mr Robertson) made a ministerial statement relating to the Queensland wild dog management strategy. Paper: Mr Robertson, during his statement, tabled the following paper—

Queensland Pest Animal Strategies – Wild dogs – Canis familiaris/Canis familiaris dingo

(p) Minister for Local Government and Planning (Mrs J Cunningham) made a ministerial statement relating to the State Government's use of ministerial call-in powers.

848 Votes and Proceedings No. 94 – Wednesday, 27 November 2002

7 STANDING AND SESSIONAL ORDERS – HOURS AND ORDER OF BUSINESS FOR TODAY Leader of the House (Ms Bligh), by leave, moved – That notwithstanding anything contained in the Standing and Sessional Orders, for this day’s sitting, the House can continue to meet past 7.30pm. Private Members’ motions will be debated between 6 and 7pm. The House can then break for dinner and resume its sitting at 8.30pm. The Order of Business shall then be— (a) General Business Order of the Day No. 1 - Voluntary Assumption of Risk Bill, (b) Government Business until the adjournment is moved and (c) a 30–minute adjournment debate. Question put and agreed to.

8 NOTICE OF MOTION Leader of the Opposition (Mr Horan) gave notice that he will move – That this Parliament condemns the Beattie Government for its pathetic response to the current drought in— (a) refusing to support the Federal Government's proposal to introduce a more effective and

compassionate exceptional circumstances scheme; (b) refusing to acknowledge the inadequacies of the State Drought Relief Assistance Scheme

and overhaul it to provide more effective assistance to all primary industries and small businesses in drought declared area;

(c) refusing to address the need for long-term restructuring in rural communities by supporting programs such as the Agricultural Development Partnership Program; and

(d) refusing to mitigate the impact of future droughts by failing to reinstate the $2 billion water infrastructure development plan developed under the former National Party-led State Government.

9 PRIVATE MEMBERS' STATEMENTS (Hansard p.4833, 10.18am)

Private Members' statements were made.

10 QUESTIONS WITHOUT NOTICE (Hansard p.4836 10.30am) Questions without notice were asked. Paper: Leader of the Opposition (Mr Horan) tabled the following paper—

Draft Crime Stoppers newsletter entitled Code Blue - Edition 1, November 2002 – A newsletter from Crime Stoppers Qld Ltd

Questions continued. _______________

Distinguished visitors: Mr Speaker informed the House of the presence in the Gallery of a group of Bribie Island Senior Citizens.

_______________ Questions continued. Questions concluded.

11 ENVIRONMENTAL LEGISLATION AMENDMENT BILL (Hansard p.4848, 11.30am) Order of the day read for the adjourned debate on the motion of the Minister for Environment (Mr Wells) – That the Bill be now read a second time. Debate resumed. Question put and agreed to. Bill read a second time. Bill committed on the motion of Mr Wells.

_______________ In Committee (Hansard p.4868)

Votes and Proceedings No. 94 – Wednesday, 27 November 2002 849

Clauses 1 to 33, as read, agreed to. Schedule, as read, agreed to. Bill to be reported without amendment.

_______________

In the House Bill reported without amendment. Mr Wells, by leave, moved – That the Bill be now read a third time. Question put and agreed to. Bill read a third time and passed. Title agreed to.

12 POSTPONED ORDERS – GOVERNMENT BUSINESS Minister for Environment (Mr Wells) moved – That Government Business Orders of the Day Nos. 2 and 3 be postponed until a later hour of the sitting. Question put and agreed to.

13 WORKCOVER QUEENSLAND AMENDMENT BILL (Hansard p.4868, 3.08pm)

Order of the day read for the adjourned debate on the motion of the Minister for Industrial Relations (Mr Nuttall) – That the Bill be now read a second time. Debate resumed. Question put and agreed to. Bill read a second time. Bill committed on the motion of Mr Nuttall.

_______________ In Committee (Hansard p.4886)

Clauses 1 to 17, as read, agreed to. Bill to be reported without amendment.

_______________ In the House

Bill reported without amendment. Mr Nuttall, by leave, moved – That the Bill be now read a third time. Question put and agreed to. Bill read a third time and passed. Title agreed to.

14 INDUSTRIAL RELATIONS AMENDMENT BILL (Hansard p. 4886, 4.51pm) Order of the day read for the adjourned debate on the motion of the Minister for Industrial Relations (Mr Nuttall) – That the Bill be now read a second time. Debate resumed. Question put and agreed to. Bill read a second time. Bill committed on the motion of Mr Nuttall.

_______________ In Committee (Hansard p.4898)

Clauses 1 to 10, as read, agreed to. Schedule, as read, agreed to. Bill to be reported without amendment.

_______________ In the House

Bill reported without amendment. Mr Nuttall, by leave, moved – That the Bill be now read a third time. Question put and agreed to.

850 Votes and Proceedings No. 94 – Wednesday, 27 November 2002

Bill read a third time and passed. Title agreed to.

15 NOTICE OF MOTION – BEATTIE GOVERNMENT RESPONSE TO DROUGHT (Hansard p.4899, 6pm) Leader of the Opposition (Mr Horan), pursuant to notice, moved – That this Parliament condemns the Beattie Government for its pathetic response to the current drought in— (a) refusing to support the Federal Government's proposal to introduce a more effective and

compassionate exceptional circumstances scheme; (b) refusing to acknowledge the inadequacies of the State Drought Relief Assistance Scheme

and overhaul it to provide more effective assistance to all primary industries and small businesses in drought declared area;

(c) refusing to address the need for long-term restructuring in rural communities by supporting programs such as the Agricultural Development Partnership Program; and

(d) refusing to mitigate the impact of future droughts by failing to reinstate the $2 billion water infrastructure development plan developed under the former National Party-led State Government.

Debate ensued. Paper: Mr Horan, during his speech, tabled the following paper—

Document entitled Detailed Comparison of current Exceptional Circumstances (EC) arrangements with Proposed EC arrangements

Debate continued. The following amendment was proposed by Premier and Minister for Trade (Mr Beattie)—

Delete all words after 'Parliament' and insert the following— 'acknowledges the support provided by the Queensland Government to drought-affected Queensland farming families and communities, including the Drought Relief Assistance Scheme that has been supported by successive Queensland Governments, including the last National-Liberal State Government, and urges the Federal Minister for Agriculture, Fisheries and Forestry, Warren Truss, to implement reforms to the Federal Government's Exceptional Circumstances scheme agreed to by all state and territory agriculture ministers.'

Debate ensued. Paper: Mr Rowell, during his speech, tabled the following paper—

Letter, dated 20 November 2002, from the Australian Red Cross to Mr Rowell MP relating to the impact of the drought on some Queensland families

Debate continued. Question put – That Mr Beattie's amendment be agreed to. The House divided. DIV1 AYES 56— Attwood Beattie Boyle Bredhauer Briskey Choi Clark, L Croft Cummins Cunningham, J

English Fenlon Fouras Hayward Jarratt Keech Lavarch Lawlor Lee Livingstone

Lucas Male McGrady McNamara Miller Molloy Mulherin Nelson–Carr Nolan Nuttall

Palaszczuk Pearce Phillips Pitt Purcell * Reeves Reilly Reynolds Roberts, N Robertson

Rodgers Rose Schwarten Scott, C Scott, D Shine Smith Spence Stone Strong

Struthers Sullivan, C Sullivan, T * Welford Wells Wilson

NOES 22— Bell Copeland Cunningham, E Hobbs

Hopper Horan Johnson Kingston

Lee Long Lester * Lingard Malone

Pratt Quinn Roberts, E Rowell

Seeney Sheldon Simpson Springborg *

Watson Wellington

* Tellers

Votes and Proceedings No. 94 – Wednesday, 27 November 2002 851

Question agreed to. Question put – That the motion, as amended, be agreed to. The House divided. DIV2 AYES 56— Attwood Beattie Boyle Bredhauer Briskey Choi Clark, L Croft Cummins Cunningham, J

English Fenlon Fouras Hayward Jarratt Keech Lavarch Lawlor Lee Livingstone

Lucas Male McGrady McNamara Miller Molloy Mulherin Nelson–Carr Nolan Nuttall

Palaszczuk Pearce Phillips Pitt Purcell * Reeves Reilly Reynolds Roberts, N Robertson

Rodgers Rose Schwarten Scott, C Scott, D Shine Smith Spence Stone Strong

Struthers Sullivan, C Sullivan, T * Welford Wells Wilson

NOES 22— Bell Copeland Cunningham, E Hobbs

Hopper Horan Johnson Kingston

Lee Long Lester * Lingard Malone

Pratt Quinn Roberts, E Rowell

Seeney Sheldon Simpson Springborg *

Watson Wellington

* Tellers

Question agreed to.

16 VOLUNTARY ASSUMPTION OF RISK BILL (Hansard p.4911, 8.30pm) Order of the day read for the adjourned debate on the motion of the Member for Southern Downs (Mr Springborg) – That the Bill be now read a second time. Debate resumed. Question put. The House divided. DIV3 AYES 21— Copeland Cunningham, E Flynn Hobbs

Hopper Horan Johnson Lee Long

Lester * Lingard Malone Pratt

Quinn Roberts, E Rowell Seeney

Sheldon Simpson Springborg * Watson

Wellington

NOES 59— Attwood Beattie Bligh Boyle Bredhauer Briskey Choi Clark, E Clark, L Croft

Cummins Cunningham, J Edmond English Fenlon Foley Fouras Hayward Jarratt Keech

Lavarch Lawlor Lee Livingstone Lucas Male McNamara Mickel Miller Mulherin

Nelson–Carr Nolan Nuttall Palaszczuk Pearce Phillips Pitt Poole Purcell Reeves *

Reilly Reynolds Roberts, N Rodgers Rose Schwarten Scott, C Scott, D Shine Smith

Spence Stone Strong Struthers Sullivan, C Sullivan, T * Welford Wells Wilson

* Tellers

Question negatived.

17 CRIMINAL PROCEEDS CONFISCATION BILL (Hansard p.4940, 11.22pm) Order of the day read for the adjourned debate on the motion of the Attorney-General and Minister for Justice (Mr Welford) – That the Bill be now read a second time. Debate resumed. And the House having continued to sit till 12 midnight—

_______________

THURSDAY, 28 NOVEMBER 2002 _______________

Debate continued.

852 Votes and Proceedings No. 94 – Wednesday, 27 November 2002

Paper: Mr Welford, during his speech, tabled the following paper— Explanatory Notes for Amendments in Committee to the Criminal Proceeds Confiscation Bill

Debate continued. Question put and agreed to. Bill read a second time. Bill committed on the motion of Mr Welford.

_______________ In Committee

Clause 1— Debate ensued. Question put – That Clause 1, as read, be agreed to. The Committee divided. DIV4 AYES 61— Bligh Boyle Bredhauer Briskey Choi Clark, E Clark, L Copeland Croft Cummins Cunningham, J

English Fenlon Foley Hayward Hobbs Hopper Horan Jarratt Johnson Keech Lawlor

Lee Lester Lingard Livingstone Male Malone McNamara Mickel Miller Mulherin Nelson–Carr

Nolan Pearce Phillips Pitt Purcell Reeves Reilly Reynolds Roberts, N Rodgers Rose

Rowell Schwarten Scott, C Scott, D Seeney Shine Simpson Smith Springborg * Stone Strong

Struthers Sullivan, C Sullivan, T * Welford Wellington Wilson

NOES 5— Cunningham, E Flynn * Lee Long Pratt * Roberts, E

* Tellers

Question agreed to. Clause 1, as read, agreed to. Clause 2 (Commencement)—

The following amendment was proposed by Mr Welford— At page 20, lines 5 to 9— omit, insert— ' 2 Commencement ‘(1) This Act, other than the following provisions, commences on 1 January 2003—

(a) chapter 12, part 3A; (b) section 283 and schedule 3, items 49 and 50; (c) section 328 and schedule 4, to the extent the schedule amends the Trustee

Companies Act 1968. ‘(2) Schedule 3, items 49 and 50 are taken to have commenced on 1 January 2002. ‘(3) The following provisions commence on assent—

(a) chapter 12, part 3A; (b) section 283; (c) section 328 and schedule 4, to the extent the schedule amends the Trustee

Companies Act 1968.’. Debate ensued. Question – That Mr Welford's amendment be agreed to – put and agreed to. Clause 2, as amended, agreed to. Clauses 3 to 12, as read, agreed to. Clause 13— Debate ensued. Question put – That Clause 13, as read, be agreed to. The Committee divided. DIV5

Votes and Proceedings No. 94 – Wednesday, 27 November 2002 853

AYES 62— Bligh Boyle Bredhauer Briskey Choi Clark, E Clark, L Copeland Croft Cummins Cunningham, J

English Fenlon Foley Hayward Hobbs Hopper Horan Jarratt Johnson Keech Lawlor

Lee Lester Lingard Livingstone Male Malone McNamara Miller Mulherin Nelson–Carr Nolan

Pearce Phillips Pitt Poole Purcell Quinn Reeves Reilly Reynolds Roberts, N Rodgers

Rose Rowell Schwarten Scott, C Scott, D Seeney Shine Simpson Smith Springborg * Stone

Strong Struthers Sullivan, C Sullivan, T * Welford Wellington Wilson

NOES 5— Cunningham, E Flynn * Lee Long Pratt * Roberts, E

* Tellers

Question agreed to. Clause 13, as read, agreed to. Clauses 14 to 29, as read, agreed to. Clause 30 (Who may be present at hearing of application made without notice)—

The following amendment was proposed by Mr Welford— At page 34, after line 7— insert— ‘(e) a lawyer representing anyone mentioned in paragraphs (a) to (d).’.

Debate ensued. Question – That Mr Welford's amendment be agreed to – put and agreed to. Clause 30, as amended, agreed to. Clauses 31 to 120, as read, agreed to. Clause 121 (Who may be present at hearing of application made without notice)—

The following amendment was proposed by Mr Welford— At page 81, after line 4— insert— ‘(e) a lawyer representing anyone mentioned in paragraphs (a) to (d).’.

Debate ensued. Question – That Mr Welford's amendment be agreed to – put and agreed to. Clause 121, as amended, agreed to. Clauses 122 to 295, as read, agreed to. Clause 296 (Insertion of new ch 3, pt 5A)—

The following amendment was proposed by Mr Welford— At page 168, lines 19 to 21— omit, insert— ‘ ‘(2) The application— (a) may be made without notice to any party; and (b) must—

(i) be sworn and state the grounds on which the order is sought; and (ii) include information required under a regulation about any’.

Debate ensued. Question – That Mr Welford's amendment be agreed to – put and agreed to. Clause 296, as amended, agreed to. Clauses 297 to 299, as read, agreed to. Clause 300 (Amendment of sch 2 (Dictionary))—

The following amendment was proposed by Mr Welford— (1) At page 177, lines 24 and 25, ‘serious crime derived’— omit, insert— ‘illegally acquired’. (2) At page 178, lines 4 to 8— omit, insert—

‘(a) a proceeding for a forfeiture order or a restraining order under the Confiscation Act; or’.

854 Votes and Proceedings No. 94 – Wednesday, 27 November 2002

Debate ensued. Question – That Mr Welford's amendment be agreed to – put and agreed to. Clause 300, as amended, agreed to. New Clauses 300A to 300J—

The following amendment was proposed by Mr Welford— At page 179, after line 5— insert—

' PART 3A—AMENDMENT OF CRIMINAL CODE ' 300A Code amended in pt 3A ‘This part amends the Criminal Code. ' 300B Amendment of s 1 (Definitions) ‘Section 1— insert— ‘ “DPP presenter”, for chapter 60, see section 559A.’. ' 300C Insertion of new s 559A ‘Chapter 60, before section 560— insert— ' 559A Definition for ch 60 ‘In this chapter— “DPP presenter” means a person, other than a Crown prosecutor, appointed or employed in, or engaged by, the Office of the Director of Public Prosecutions who is authorised in writing by the director of public prosecutions to present an indictment for the director.’. ' 300D Amendment of s 560 (Presenting indictments) ‘(1) Section 560(2), after ‘Crown Law Officer’— insert— ‘, a Crown prosecutor’. ‘(2) Section 560(3), ‘the director of public prosecutions’— omit, insert— ‘a Crown Law Officer’. ‘(3) Section 560(4), ‘director of public prosecutions’— omit, insert— ‘Crown Law Officer’. ‘(4) Section 560— insert— ‘(5) Also, if an indictment is signed by a person authorised to sign the indictment under this section, a DPP presenter may present the indictment to the court stated in the indictment.’. ' 300E Amendment of s 561 (Ex officio informations) ‘(1) Section 561, heading, ‘informations’— omit, insert— ‘indictments’. ‘(2) Section 561(1), after ‘may’— insert— ‘sign and’. ‘(3) Section 561(2), from ‘An’ to ‘jurisdiction may’— omit, insert— ‘A Crown prosecutor or a person appointed by the Governor in Council to sign and present indictments in any court of criminal jurisdiction may sign and’. ‘(4) Section 561— insert— ‘(3) Also, if an indictment is signed by a person authorised to sign the indictment under this section, a DPP presenter may present the indictment to the court stated in the indictment.’. ' 300F Amendment of s 562 (Arrest of person charged in ex officio information) ‘Section 562, heading, ‘information’— omit, insert— ‘indictment’. ' 300G Amendment of s 563 (Nolle prosequi) ‘Section 563(2), ‘An officer’— omit, insert—

Votes and Proceedings No. 94 – Wednesday, 27 November 2002 855

‘A Crown prosecutor or a person’. ' 300H Amendment of s 695 (Practice to be applied on ex officio information) ‘Section 695, heading, ‘information’— omit, insert— ‘indictment’. ' 300I Amendment of pt 9, heading (Transitional provisions) ‘Part 9, heading, after ‘TRANSITIONAL’— insert— ‘AND VALIDATION’. ' 300J Insertion of new pt 9, ch 77 ‘Part 9— insert—

'CHAPTER 77—VALIDATION PROVISION FOR CRIMINAL PROCEEDS CONFISCATION ACT 2002

'714 Validation provision for Criminal Proceeds Confiscation Act 2002—presentation of indictment ‘(1) This section applies to an indictment presented before the commencement of this section by a person, appointed or employed in, or engaged by, the Office of the Director of Public Prosecutions, who was not authorised under an Act to present the indictment. ‘(2) The indictment is taken to have been presented by the director of public prosecutions. ‘(3) Any proceedings taken, or other thing done, in relation to the indictment is taken to be as valid as if the proceedings were taken, or other thing done, in relation to an indictment presented by the director of public prosecutions.’.’.

Debate ensued. Question – That Mr Welford's amendment be agreed to – put and agreed to. Clauses 301 to 322, as read, agreed to. New Clause 322A—

The following amendment was proposed by Mr Welford— At page 186, after line 9— insert— ' 322A Amendment of s 116 (Monitoring order application) ‘Section 116(2)— omit, insert— ‘(2) The application— (a) may be made without notice to any party; and (b) must—

(i) be sworn and state the grounds on which the order is sought; and (ii) include information required under the responsibilities code about any monitoring

orders issued within the previous year in relation to an account held with the financial institution by the named person.’.’.

Debate ensued. Question – That Mr Welford's amendment be agreed to – put and agreed to. Clauses 323 to 326, as read, agreed to. Clause 327 (Amendment of sch 4 (Dictionary))—

The following amendment was proposed by Mr Welford— At page 191, line 14, after ‘proceeding”,’— insert— ‘ “property-tracking document”,’

Debate ensued. Question – That Mr Welford's amendment be agreed to – put and agreed to. Clause 327, as amended, agreed to. Clause 328, as read, agreed to. Schedules 1 to 3, as read, agreed to. Schedule 4 (Other Acts amended)—

The following amendment was proposed by Mr Welford— At page 220, after line 5— insert—

‘TRUSTEE COMPANIES ACT 1968

856 Votes and Proceedings No. 94 – Wednesday, 27 November 2002

1 Schedule 2, part 2, entry for ANZ Executors & Trustee Company Limited, paragraph (b), from ‘and no shares’ to ‘minor’— omit.

2 Schedule 2, part 2, entry for ANZ Executors & Trustee Company Limited, paragraphs (c) and (d)— omit.

3 Schedule 2, part 2, entry for ANZ Executors & Trustee Company Limited, paragraph (e)— renumber as paragraph (c).

4 Schedule 2, part 2, entry for Permanent Trustee Company Limited, paragraph (a)— omit.

5 Schedule 2, part 2, entry for Permanent Trustee Company Limited, paragraph (b), ‘(b)’— omit.

6 Schedule 2, part 2, entry for Permanent Trustee Company Limited, paragraph (b), ‘$5 000 000’— omit, insert— ‘$2 000 000’.

7 Schedule 2, part 2, entry for Perpetual Trustees Australia Limited, paragraph (b), from ‘and no shares’ to ‘minor’— omit.

8 Schedule 2, part 2, entry for Perpetual Trustees Australia Limited, paragraphs (c) and (d)— omit.

9 Schedule 2, part 2, entry for Perpetual Trustees Queensland Limited, paragraph (b), from ‘and no shares’ to ‘minor’— omit.

10 Schedule 2, part 2, entry for Perpetual Trustees Queensland Limited, paragraph (c)— omit.

11 Schedule 2, part 2, entry for Trust Company of Australia Limited, paragraph (a)— omit, insert— ‘(a) A member must not be the beneficial holder of more than 15% of the capital of the

company from time to time on issue.’. 12 Schedule 2, part 2, entry for Trust Company of Australia Limited, paragraphs (b)

to (d)— omit.

13 Schedule 2, part 2, entry for Trust Company of Australia Limited, paragraph (e)— renumber as paragraph (b).’.

Debate ensued. Question – That Mr Welford's amendment be agreed to – put and agreed to. Schedule 4, as amended, agreed to. New Schedule 4A—

The following amendment was proposed by Mr Welford— After page 220— insert—

'SCHEDULE 4A DE FACTO PARTNER

schedule 5, definition “de facto partner” '1 Meaning of “de facto partner” ‘(1) In this Act, a reference to a “de facto partner” is a reference to either 1 of 2 persons who are living together as a couple on a genuine domestic basis but who are not married to each other or related by family. ‘(2) In deciding whether 2 persons are living together as a couple on a genuine domestic basis, any of their circumstances may be taken into account, including, for example, any of the following circumstances— (a) the nature and extent of their common residence;

Votes and Proceedings No. 94 – Wednesday, 27 November 2002 857

(b) the length of their relationship; (c) whether or not a sexual relationship exists or existed; (d) the degree of financial dependence or interdependence, and any arrangement for

financial support; (e) their ownership, use and acquisition of property; (f) the degree of mutual commitment to a shared life, including the care and support of

each other; (g) the care and support of children; (h) the performance of household tasks; (i) the reputation and public aspects of their relationship. ‘(3) No particular finding in relation to any circumstance is to be regarded as necessary in deciding whether 2 persons are living together as a couple on a genuine domestic basis. ‘(4) Two persons are not to be regarded as living together as a couple on a genuine domestic basis only because they have a common residence. ‘(5) For subsection (1)— (a) the gender of the persons is not relevant; and (b) a person is related by family to another person if the person and the other person

would be within a prohibited relationship within the meaning of the Marriage Act 1961 (Cwlth), section 23B, if they were parties to a marriage to which that section applies.

‘(6) This schedule and the definition “de facto partner” in the dictionary in schedule 5 expire on the commencement of the Discrimination Law Amendment Act 2002, section 4.’.

Debate ensued. Question – That Mr Welford's amendment be agreed to – put and agreed to. Schedule 5 (Dictionary)—

The following amendment was proposed by Mr Welford— (1) At page 223, lines 19 to 21— omit, insert— ‘ “de facto partner” see schedule 4A.1’. (2) At page 228, lines 2 to 5— omit. (3) At page 229, line 15, from ‘includes’— omit, insert— ‘includes— (a) a former spouse; and (b) a person who is or has been a de facto partner.’.

Debate ensued. Question – That Mr Welford's amendment be agreed to – put and agreed to. Schedule 5, as amended, agreed to. Bill to be reported with amendments.

_______________ In the House

Bill reported with amendments. Ordered – That the Bill, as amended, be taken into consideration. Mr Welford, by leave, moved – That the Bill be now read a third time. Question put. The House divided. DIV6

1 Schedule 4A (Meaning of “de facto partner”)

858 Votes and Proceedings No. 94 – Wednesday, 27 November 2002

AYES 63— Bligh Boyle Bredhauer Briskey Choi Clark, E Clark, L Copeland Croft Cummins Cunningham, J

English Fenlon Foley Hayward Hobbs Hopper Horan Jarratt Johnson Keech Lawlor

Lee Lester Lingard Livingstone Male Malone McNamara Mickel Miller Mulherin Nelson–Carr

Nolan Pearce Phillips Pitt Poole Purcell Quinn Reeves Reilly Reynolds Roberts, N

Rodgers Rose Rowell Schwarten Scott, C Scott, D Seeney Shine Simpson Smith Springborg *

Stone Strong Struthers Sullivan, C Sullivan, T * Welford Wellington Wilson

NOES 5— Cunningham, E Flynn * Lee Long Pratt * Roberts, E

* Tellers

Question agreed to. Bill read a third time and passed. Title agreed to.

18 ADJOURNMENT (Hansard p. 4961, 1.34am)

Leader of the House (Ms Bligh) moved – That this House do now adjourn. Debate ensued. Paper: Miss Simpson, during her speech, tabled the following paper—

Non-conforming petition relating to the Moreton Sugar Mil and the future of the sugar industry on the Sunshine Coast

Debate continued. Question put and agreed to. The House adjourned at 2.06am.

19 ATTENDANCE The following members were present— Attwood Barton Beattie Bell Bligh Boyle Bredhauer Briskey Choi Clark, E Clark, L Copeland Croft Cummins Cunningham, E

Cunningham, J Edmond English Fenlon Flynn Foley Fouras Hayward Hobbs Hopper Horan Jarratt Johnson Keech Kingston

Lavarch Lawlor Lee Lee Long Lester Lingard Livingstone Lucas Mackenroth Male Malone McGrady McNamara Mickel Miller

Molloy Mulherin Nelson–Carr Nolan Nuttall Palaszczuk Pearce Phillips Pitt Poole Pratt Purcell Quinn Reeves Reilly

Reynolds Roberts, E Roberts, N Robertson Rodgers Rose Rowell Schwarten Scott, C Scott, D Seeney Sheldon Shine Simpson Smith

Spence Springborg Stone Strong Struthers Sullivan, C Sullivan, T Watson Welford Wellington Wells Wilson

R K HOLLIS N J LAURIE SPEAKER ACTING CLERK OF THE PARLIAMENT

BY AUTHORITY G A NICHOLSON, ACTING GOVERNMENT PRINTER, QUEENSLAND

2002–016 C