MLC Watch

This page is devoted to recording the performance of NSW Shooters Party MLCs, Robert Brown and Roy Smith.

It will applaud their successes, note their failures and generally give shooters the information they need to decide whether the effort and money they devoted to getting the two elected was warranted.

Much of the information is based on Hansard. However, other matters are also recorded.

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19 June 2008

Roy Smith moved an urgency motion to bring on his Bill to amend the Firearms Act. The motion was carried.

In debate, Greens MLC Sylvia Hale said: “I thank the National Coalition on Gun Control for advising the Greens on this matter and I will be relying on sections of its analysis during the course of my remarks.”

Other comments by the Greens:

1. As soon as we give more power to the gun lobby, gun clubs and, more importantly, gun manufacturers, we will not be able to rewind that. It instils itself into society and it becomes almost impossible to undo.

2. In the Greens’ view, it is deplorable of the Government to sit down with the Shooters Party and aid in the drafting of this bill because it not only erodes national uniform legislation but also relaxes gun controls and seeks to normalise gun use and gun ownership.

3. At the time, my colleague Mr Ian Cohen welcomed the 1996 reforms, which were in fact very similar to existing Greens policy.

4. The Greens are of the view that ownership of guns should be severely restricted in all societies.

5. In one of the most worrying amendments in the bill, the Shooters Party wants to remove the mandatory 28-day waiting period for the issuing of permits to acquire a firearm if the applicant already has a firearm of that category registered to him or her.

6. It was to the real credit of Premier Unsworth that he did take on the issue of gun law reform, and brought forward some modest but sensible changes. The gun lobby reacted with ferocity.

7. Shooters Party members of Parliament in the upper House have provided reliable support to the Labor Government in times of tight votes to have bills passed, to resist the release of secret government documents, to move government motions and to vote against potentially embarrassing parliamentary inquiries.

8. There are interesting links between Prime Minister Kevin Rudd and the gun lobby. Mr Rudd is a patron of the Queensland Amateur Pistol Shooting Association and he has met with the Sporting Shooters Association of Australia [SSAA]. Mr Rudd is also reported to have close links with the Belmont Shooting Range, which is located in his electorate. He is known as a keen clay target shooter and possibly a keen pistol shooter.

9. An issue that I find disturbing about this close relationship between the Shooters Party and the major parties in this State is that we are going down the American path, where the National Rifle Association dominates politics at every level in the United States. As the campaign for the presidential election heats up, leading Democrat and Republican contenders have to work out a policy to show that they are not anti guns; that they are there to work with the National Rifle Association; and that they will make pro-gun statements at different times. That is what is happening in Australia. It is insidious and it must be resisted.

10. The simple truism is that the greater availability of weapons will lead to a greater incidence of violence involving weapons.

11. I was shocked not only to see the way gun ownership makes a society less safe, but also by the way it changes people’s thinking about personal safety—personal safety becomes an individual item and not a collective item. So people argue that they must own guns for reasons of personal safety rather than pursuing the collective solution of reducing gun ownership to keep all of society safe. The bill seeks to replicate in Australia the American culture of gun ownership and violence.

12. If we allow the culture of gun ownership to take hold in Australia it will be almost impossible to eradicate later.

13. I am not known as being particularly fond of the actions of the Howard Government. However, it had one positive achievement. John Howard did the right thing—I said it at the time, and I have said it ever since—in his response to the Port Arthur massacre.

Christian Democrats MLC, Gordon Moyes, said: “I speak on behalf of many Christian people who do not approve of this bill. I personally do not approve of shooting as a sport, and I wonder why it is an Olympic Games event. I do not like the concept of the spread of firearms. I do not like the concept of children being trained to shoot. I do not advocate banning guns from the community, but I will not support an extension of their availability, or encourage shooting in any form except within the armed forces. I do support, and have always supported, John Howard’s limitations on firearms, and I will not do anything to roll back those limitations. And I will not support the Government’s amendment to the bill because I believe that in any form the bill is repugnant.”

Eric Roozendaal, Government Minister, said:

1. The Iemma Government recognises that the ownership and use of firearms is a privilege that must be dealt with in a strict, regulated and accountable framework.

2. The Government makes no apologies for having the toughest firearms laws in the country and the toughest penalties for anyone who is caught in violation of these laws.

3. Minors are currently restricted from using large calibre handguns to shoot in competitions. … While no other jurisdiction applies this restriction, the Iemma Government does not support allowing children to have greater access to powerful firearms, even under supervision.

Speaking for the Opposition, Mathew Mason-Cox said: ” The amendments represent simplicity, uniformity, no increased risks to the public and a more streamlined system for the licensing of firearms—a win-win situation across the board.”

17 June 2008

Robert Brown spoke in support of the Environmental Planning and Assessment Amendment Bill. Both he and Roy Smith voted in favour of the Bill, which was carried by one vote.

5 June 2008

Roy Smith introduced a private members bill, the Firearms Amendment Bill 2008.

He claimed the amendments had been drafted following extensive consultation with the Ministry of Police, the Firearms Registry and approved sport shooting, hunting and collecting clubs “over a number of years”. (Which means prior to his election?)

The Bill, if passed, will:

1. Allow theatrical armourers to supply firearms that are not necessarily registered to them. (Well done Tony Garland)

2. Exempt firearms manufactured before 1900 from licensing and registration if it does not take breech-loaded metallic cartridges or ammunition is not commercially available.

3. Enable unlicensed people to shoot on approved ranges under supervision and exempt supervised people handling firearms on a firearms safety course from the requirement to be licensed.

4. Remove the 28-day waiting period for the renewal of a licence.

5. Remove the 28-day waiting period for permits to acquire a firearm where the applicant already has a firearm of that category.

6. Extend provision for allowing Category C shotguns to non-ACTA club members.

7. Allow a licensed firearms dealer to send firearms or firearms barrels to another dealer either interstate or within New South Wales by registered mail.

8. Enable certain minor offences under the Act and regulations to be dealt with by way of a penalty notice. The issue of a penalty notice will not constitute a disqualifying offence.

Robert Brown supported a Greens motion (by Ian Cohen) to present a motion for an order to table papers about the cultivation of genetically modified canola. He later voted with the Government against the substantive motion. Presumably it was part of a deal with Cohen as the motion was a complete waste of time. GM canola has been grown in Canada for 12 years and the papers wouldn’t reveal anything that wasn’t already well known.

3 June 2008

Robert Brown and Roy Smith voted in support of the Miscellaneous Acts Amendment (Same-Sex Relationships) Bill, which gives parental rights to same-sex couples over children who were conceived by artificial fertilisation. It also seeks to ensure that children in same-sex relationships are treated by the law as having the same rights and entitlements as the children of other relationships.

Congratulations to both.

15 May 2008

1. Roy Smith gave notice of a private members bill to amend the Firearms Act and Regulations.

2. Robert Brown spoke in support of an Opposition urgency motion on an order for tabling of papers relating to Treasury modelling of the sale of electricity assets. The motion was carried.

3. Roy Smith asked the following question:

My question is directed to the Hon. Eric Roozendaal representing the Minister for Police. I refer to an article in today’s Daily Advertiser, which reports on comments made by a senior police officer who said that the firearms registry no longer sends letters to gun licence holders to remind them when their licence is about to expire and that, as a consequence, hundreds of firearms had been confiscated from New South Wales farmers who have inadvertently allowed their firearm licences to lapse. Is it a fact that the firearms registry is not sending reminder notices? Given the serious consequences for people who inadvertently fail to renew their firearms licence and given that people get reminder notices for such things as car registration and drivers licences, will the Minister undertake to include in legislation a provision that the firearms registry must send timely renewal notices to firearms licence holders?

The Minister’s response will be received in due course.

14 May 2008

1. In debate about a Greens motion along similar lines, Robert Brown sought confirmation of a prior undertaking given by the Treasurer in relation to electricity privatisation:

Will the Treasurer, in his reply to this motion for urgency, assure the House in clear and concise terms that legislation will come before the Parliament that will either enable the sale to take place or disable the whole thing?

The Treasurer confirmed his previous answer.

2. Speaking in support of Opposition amendments to the Workers Compensation Amendment Bill, Robert Brown mainly criticised the Greens and referred to “some dichotomies of ideology”. (One wonders if he really knows what he is talking about.)

3. Robert Brown spoke in favour of National Party amendments to the Marine Parks Amendment Bill. The amendments were lost. The Bill was carried with Brown and Smith voting against it.

4. Robert Brown briefly spoke in support of the Snowy Mountains Cloud Seeding Trial Amendment (Extension) Bill, which authorises Snowy Hydro to undertake cloud seeding research over a larger geographical area.

13 May 2008

Robert Brown spoke against the Marine Parks Amendment Bill, arguing there was insufficient consultation, boundaries were unclear and recreational fishers were not a problem. “This whole marine parks issue has not been properly undertaken”, he said, asserting that “recreational fishermen .. are increasingly relying on the Shooters Party to put forward their views.”

As to his voting intentions he said, “The Shooters Party has not formed a view.” Eh??

6 May 2008

Robert Brown’s private members bill, the Port Macquarie-Hastings Council Election Bill 2008, was passed. The bill, his first successful private members bill, includes Port Macquarie in Council elections to be held this year. It was opposed by the Government and unlikely to pass the lower house and become law.

It is remarkable that Robert Brown should use so much political capital on an issue that has nothing to do with shooters except for the fact that his predecessor, John Tingle, resides in Port Macquarie.

10 April 2008

Robert Brown introduced a Private Members Bill to allow elections to be held for Port Macquarie – Hastings Council in September, at the same time as elections for other councils. The Council was dismissed by the Government in February.

Robert Brown spoke to legislation affecting Botany Road, Sydney, which he uses to get to his business.

9 April 2008

Robert Brown criticised the government for introducing the Local Government Amendment (Elections) Bill 2008 without allowing sufficient time for consideration. He and Roy Smith then supported Greens amendments to the Bill, which were consequently carried.

8 April 2008

Robert Brown spoke against a Greens amendment to the Food Amendment (Public Information On Offences) Bill 2008. Only the Greens supported it.

3 April 2008

The Minister for Local Government replied to a question by Robert Brown on 5 March regarding Wollongong and Port-Macquarie Hastings Councils. The Minister said the Government had dismissed both Councils on the recommendation of the ICAC Commissioner.

2 April 2008

Robert Brown opposed a Greens urgency motion calling for proposed new electricity transmission lines on the Central Coast to be rerouted and placed underground due to health concerns. He referred to the Greens applying “voodoo science” but then said, “I acknowledge that Dr John Kaye is somewhat of an expert in this field and that some of his concerns are probably valid.”

1 April 2008

Replies were provided to previous questions without notice.

1. The Minister for Primary Industries (Ian McDonald) replied to a question by Robert Brown on 26 February regarding grain haulage. The Minister said, “Pacific National’s decision with respect to its export grain haulage operations is not yet known. This will be determined by commercial negotiations between industry participants that are currently underway. The Government is keeping informed of these negotiations.”

2. The Minister for Primary Industries replied to a question by Robert Brown on 4 March regarding land and water contamination in Hunters Hill (Brown lives in an adjoining suburb.) The Ministers replied, “NSW DPI has not been notified of any potential problem with fish from the alleged spillage of radioactive waste in the Hunters Hill area of the harbour. Questions on water pollution should be directed to the Minister for Climate Change and the Environment.”

5 March 2008

Robert Brown asked the Minster for Local Government if the Government was intending to allow elections in Wollongong, would it do the same in Port Macquarie-Hastings?

(The Government dismissed both Councils and no elections will be held for 4 years.)

4 March 2008

1. Robert Brown spoke in support of the Electricity Supply Amendment (Offences) Bill, which increases penalties for unlawfully entering, climbing or being on electricity works, or stealing electricity.

He said,”We would support anything that would make the theft of electricity a more serious matter by increasing penalties and perhaps imposing a term of imprisonment. The issue that concerns us more is public safety. …. The Shooters Party would support strengthening the bill, as was suggested by Reverend the Hon. Fred Nile, to ban all forms of posting on power poles. ” He was referring to electoral posters, to which Shooters Party supporters have applied power poles numerous times in the past.

2. Robert Brown asked the Minister for Primary Industries about concerns of radioactive waste in the Nelson Parade area of Hunters Hill and whether there was any risk to fishing in the area.

The Minister said he thought the area was covered by the existing ban on eating fish caught west of the Harbour Bridge.

28 February 2008

Robert Brown supported a motion by the Greens, and Government amendments to it, relating to the transport of grain by rail . He also made a plaintive appeal for less “attacking sort of language”.

In the Adjournment debate, Robert Brown complained about the Government’s dismissal of the Port Macquarie – Hastings Council on 27 Feb, following presentation of a 1,000 signature petition on 26 Feb opposing dismissal. (John Tingle resides in Port Macquarie. )

27 February 2008

1. Robert Brown’s first private members bill, the Administrative Decisions Tribunal Amendment (Confidential Documents) Bill 2007, was defeated by the combined votes of the Government and Greens.

2. Robert Brown asked the Treasurer: In view of public concern over the future of New South Wales electrical retailers, infrastructure and generators, will the Treasurer now give an unequivocal, clear assurance to this House that any proposed changes to their State ownership, including by lease or other instruments, will be brought to Parliament for prior approval or rebuttal?

The Treasurer replied: After discussions with both the Christian Democratic Party and the Shooters Party I can give the House an assurance that the Government will ensure that any sale, lease or disposal of the main undertakings of an energy service corporation or its subsidiaries will be determined by the Parliament of New South Wales.

This question was clearly pre-arranged.

3. Robert Brown and Roy Smith voted with the Government to oppose the Crimes Amendment (Murder of Police Officers) Bill 2007. This was a private members bill moved by Liberal MLC Mike Gallacher. Robert Brown spoke in support of the bill on 15 November.

26 February 2008

1. Robert Brown presented a petition requesting the House not agree to the dismissal of the Port Macquarie-Hastings Council. (The Council was dismissed on 28 February.)

2. Robert Brown asked the Minister for Primary Industries: Given that Pacific National has apparently decided to cancel its export grain haulage operations in New South Wales, how many truck movements does the Government envisage will occur on New South Wales roads as a result of this decision?

The Minister said he would ask the Minister for Transport.

3. Robert Brown and Roy Smith both spoke in support of the Administrative Decisions Tribunal Amendment (Confidential Documents) Bill 2007, a private members bill introduced by Robert Brown (see 15 Nov 2007).

Robert Brown’s attempt to move a consequential amendment to the Firearms Act was defeated.

4. The Minister for the Environment replied to a question from Robert Brown on 14 November regarding Kosciuszko National Park illegal animal culling.

He replied that there has been no aerial culling of wild horses in Kosciuszko National Park and the NPWS was not aware of any reports of deer being aerially shot on private property within the vicinity of Kosciuszko National Park.

5. The Minister for the Environment replied to a question from Robert Brown on 27 November 2007 about climate change. The Minister said that the State of the Regions report, released by the Australian Local Government Association, estimated that water security, loss of agricultural production and the carbon price signal will all cause increased costs for rural communities under projected climate change to 2020. He described taxpayer funded mitigation measures.

4 December 2007

Robert Brown supported a Greens motion to disallow the Prevention of Cruelty to Animals (General) Amendment (Laying Fowl) Regulation 2007. He was motivated to support 40 small egg producers who wanted to continue using existing battery cages with modifications rather than purchase new larger ones. He even agreed to a joint press conference with Animal Liberation NSW and the Greens, which he described as a “new alliance”.

The Government said that regulation was necessary to reflect national agreements. The motion failed with only the Greens, Shooters Party and Christian Democrats in support.

Robert Brown gave lukewarm support for the Gene Technology (GM Crop Moratorium) Amendment Bill 2007, which removes the moratorium on the cultivation of genetically modified crops. He described it as “scary stuff”, claiming “the pile of scientific evidence on the anti-GM side is exactly the same height as the pile of evidence on the pro-GM side.” (Not that Brown would recognise scientific evidence.)

Roy Smith was absent.

29 November 2007

Robert Brown supported a Christian Democrats amendment to an Opposition motion calling for the tabling of documents relating to the integrated ticketing project (Tcard). The Government supported the amendment.

Robert Brown asked the Attorney General if the Government would consider a change to the law to allow police and emergency services to recoup the costs incurred in attending publicity stunts by Greenpeace.

27 November 2007

1. Robert Brown asked the Minister for the Environment about a study released yesterday by the Australian Local Government Association that found rural Australians will pay twice as much as city dwellers to meet the estimated $17 billion cost of dealing with climate change in Australia.

2. The Minister for Planning replied to a question from Roy Smith on 16 October:

“The prohibition and/or restriction of the sale of firearms is a matter that is already the subject of joint national and state government policies. As a matter of principle, premises selling firearms should not be wholly prohibited throughout an LGA.

In relation to the Ku-ring-gai matter my Department is currently considering the matter within the framework of the EP & A Act. In relation to the Kogarah matter I have been advised Kogarah Council is yet to seek any formal approval for any particular approach.”

15 November 2007

1. Roy Smith spoke in support of the Administrative Decisions Tribunal Amendment (Confidential Documents) Bill 2007, a private members bill introduced by Robert Brown which seeks to remove the ADT’s general powers to make orders prohibiting or restricting the disclosure of confidential evidence or documents to some or all of the parties to proceedings and thereby enable the legal representatives of any party to proceedings heard by the tribunal to see and challenge otherwise confidential documentary evidence.

The government announced it would oppose the bill.

2. Robert Brown and Roy Smith voted with the Opposition in support of an unsuccessful order to table papers regarding the resignation of George Newhouse from the Consumer, Trader and Tenancy Tribunal, to determine when he resigned. (Newhouse was Labor’s candidate for Wentworth in the federal election.)

3. Robert Brown spoke in support of the Crimes Amendment (Murder of Police Officers) Bill 2007, introduced by the Opposition, which would amend the Crimes Act 1900 to provide for compulsory life sentences to be imposed for the murder of police officers for persons at or above the age of 18 years at the time the murder was committed. He said: “The Shooters Party supports the bill, commends it to the House and congratulates the Leader of the Opposition on introducing it.”

14 November 2007

1. Robert Brown asked the Minister for the Environment about reports of a National Parks contractor aerially culling wild horses in the Kosciuszko National Park, under the guise of the prevention of the spread of equine influenza. This involved illegally flying over private property and the shooting of 15 fallow deer without the permission of the landholder.

2. Robert Brown spoke on the Surveillance Devices Bill, an update of the Listening Devices Act. He said the Shooters Party would not support the Opposition’s amendments to reduce the duration of warrants from 90 to 21 days. However, he said they would cautiously support Liberal Party amendments to reduce from five days to two days the grace period in which police can obtain a warrant under emergency conditions, as this was the same as other states.

In both votes, the two SP votes determined the outcome.

13 November 2007

1. In the Adjournment, Robert Brown made a speech about the Riverina Anglican College clay target sports program and supported the inclusion of shooting in the sporting options offered by schools throughout the State.

2. Robert Brown asked the Minister for Primary Industries about the fishing industry’s alarm in Eden about claims by environmentalists over the need for new marine parks and reserves on the New South Wales far South Coast.

The Minister replied that for the “foreseeable future” there was no need for a marine park in the area and no proposal before the Government to create the two aforesaid marine parks.

8 November 2007

1. Robert Brown asked the Treasurer: “With hand on heart, can the Treasurer inform the House whether he has had any meetings or discussions with any company owned or partly owned by the government of the People’s Republic of China, including but not limited to the China International Trust and Investment Corporation or any of its affiliates or subsidiaries, regarding the privatisation or long-term leasing of any New South Wales electricity assets?“

The Treasurer responded by quoting his press release of 24 October in response to a Greens question on the same lines: “I’ll take this opportunity to let Mr Kaye and his wacky co-conspirators know that I’ve also not met with any representatives of Baader-Meinhof, the Red Brigades, the Democratic People’s Republic of Korea, the IRA, the PLO or Shining Path.”

2. Robert Brown spoke on an urgency motion regarding the care and protection of vulnerable children, making the following suggestions:

- Give Dept of Community Services more power to remove children

- “cease flogging off institutions such as Callan Park or should change the use of institutions so that there are places to house children who need facilities at short notice”.

- after the election, the Treasurer should go to Canberra to ask for “the $3 billion or $4 billion you steal from us every year in our GST” to fund facilities.

The MLC representing the Minister (Christine Robertson) responded: “I remind the Hon. Robert Brown that extra money is being spent on out-of-home care and that it has nothing to do with which institutions are involved.”

6 November 2007

1. Robert Brown spoke in support of the Tow Truck Industry Amendment Bill 2007, which will abolish the Tow Truck Authority and transfer its regulatory functions (undiminished, plus higher charges) to the RTA. He said: “We have constituents in the industry …”

2. Roy Smith asked the Minister for Primary Industries if he would consider the reintroduction of a fox bounty in an effort to further control them. He said he had seen a fox in the precincts of Parliament House.

The Minister replied that it was up to the Treasurer.

3. Robert Brown asked the Minister for Primary Industries for an update on allegations of improper de-snagging works associated with the development of an eco-tourist facility at Corowa.

The Minister replied that the Department had issued a stop work order while investigations continue.

4. The Minister for Local Government responded to a prior question without notice from Robert Brown regarding the Port Macquarie-Hastings Council section 740 inquiry. The response castigated Brown for implying that the inquiry would operate in isolation and not take into account the Department’s views.

5. The Minister for Planning responded to a prior question without notice from Roy Smith about firearms sports store zoning laws. The Minister said:

“The prohibition and /or restriction of the sale of firearms is a matter that is already the subject of joint national and state government policies. As a matter of principle, I would not support any new regulations other than case by case considerations under the development assessment process which is guided by the Environmental Planning and Assessment Act.”

25 October 2007

Robert Brown and Roy Smith both voted with the Government to oppose a motion for an extension of the reporting date for the Joint Select Committee on the Royal North Shore Hospital.

24 October 2007

Robert Brown asked the Minister for Primary Industries if he was aware of a report claiming Australians can reduce their carbon footprint by eating more kangaroos and if he would seek to have kangaroo meat reintroduced to dining room menus.

The Minister replied, inter alia: “We want kangaroo meat back on the menu at Parliament House, or at least we want the opportunity to have it, and if the Greens do not want to eat kangaroo meat, there are plenty of alternatives for them to eat, such as mung beans, lentils and vegetarian pasta.”

23 October 2007

1. Robert Brown spoke in favour of an urgency motion to consider the Government’s proposal to introduce infringement notices for seven less serious offences.

2. Robert Brown asked the Minister for Primary Industries what action Fisheries has taken regarding reports of a developer clearing snags from four kilometres of the riverbank and whether action had been taken to “halt this alleged vandalism.”

The Minister replied that NSW DPI staff investigated the issue last week and found only a small amount of work had been undertaken by the developer at that time. A report is awaited.

3. In an interjection to Tony Kelly, Minister for Lands, Robert Brown described the NSW government’s web portal using spatial information technology as “brilliant”

4. Robert Brown voted in favour of the Government’s bill to abolish life tenure for statutory legal officers, and voted against Opposition amendments. Roy Smith was not present.

5. Robert Brown voted for and spoke in favour of a bill to create new aggravating factors to be taken into account by a court in sentencing a person for an offence; to change the circumstances in which the remorse of an offender may be taken into account as a mitigating factor in sentencing; to establish standard non-parole periods for a number of offences, and to increase the standard non-parole period for the offence of aggravated indecent assault of a child under 10 years of age.

Brown claimed the Government had voted down similar legislation seven or eight years ago (Crimes Amendment (Firearms and Other Offensive Weapons or Instruments) Bill 1998) which John Tingle attempted to introduce.

6. Robert Brown spoke against legislation to extend daylight saving in NSW in harmony with Victoria and the ACT, describing it as “so dark and dangerous one could be forgiven for thinking that it was drafted by the Greens”.

Although he rarely votes with them, Brown declared, “We stand solidly with our brothers from The Nationals”.

18 October 2007

1. Robert Brown and Roy Smith voted with the Government to allow regulations that create additional parliamentary positions carrying extra remuneration. Government MPs are the main beneficiaries although a position was also created for Fred Nile.

2. Robert Brown spoke against the Climate Futures Bill 2007, a Greens private members bill that would severely limit the coal industry.

3. Roy Smith asked the Attorney General if the Firearms Act 1996 is the only Act that makes parents liable for offences against the act by their minor children. If so, is the Government considering extending this liability to offences against other Acts, such as the Road Transport (Driver Licensing) Act and the Crimes Act? If not, why not?

The Minister replied that, “the section, strictly speaking, does not make parents liable for offences against the Act by their minor children unless the parents knowingly authorised or permitted the contravention.”

16 October 2007

1. Robert Brown supported the Government and Fred Nile (CDP) to defeat a motion to give more time to an inquiry into Royal North Shore Hospital.

2. Robert Brown asked the Minister for Education and Training whether schools would show students the film An Inconvenient Truth and if so be warned that there are other opinions on global warming and they should not necessarily accept the views expressed in the film.

The Minister replied that it has not been distributed to schools. The Department of Education and Training recently purchased some copies to show teachers as part of the Government’s climate change initiative. If individual schools wish to use the film to assist their teaching, they are able to do so. Teachers are best placed to decide which teaching resources will be most effective in their classroom for the benefit of their students.

2. Roy Smith asked the following question:

“My question is directed to the Treasurer, representing the Minister for Planning. Is the Treasurer aware that Kuring-gai Council is seeking approval from the Minister for Planning for a local environmental plan that would restrict the location of firearm outlets and prevent legitimate firearms dealers operating within a 500 metre exclusion zone around schools, preschools and day care centres? Is the Treasurer also aware that Kogarah Council is looking at, “Banning the establishment of premises selling firearms near residential areas, schools, churches, places of worship, child-care centres, premises selling alcohol, premises selling food and other similar places?

“There is absolutely no evidence to suggest that legitimate firearm dealers pose any threat whatsoever to the local community. However, if the Minister for Planning does determine to approve, in the interests of safety, that new gun shops cannot be established near an existing school, preschool, church, place of worship, child-care centres, premises selling alcohol, premises selling food or any other similar place, will the Minister ensure that, in the interests of safety, no new school, no new preschool, no new church, no new place of worship, no new child-care centre, no new premises selling alcohol or food or any other similar place can be established in any area near an existing gun shop?”

27 September 2007

Roy Smith asked the Minister for Planning a question, which was taken on notice:

My question is directed to Treasurer, Minister for Infrastructure, and Minister for the Hunter, representing the Minister for Planning. The Treasurer will be well aware of the recent overreaction by some Roseville residents regarding the opening of a legitimately approved sports store that intended to sell firearms. During the media frenzy that followed, the Minister for Planning expressed a willingness to consider reclassifying gun shops as restricted premises, thereby making it harder for them to receive council planning approval. Is the Treasurer aware that Kogarah Labor Councillor Mikelsons seems to have been buoyed by that statement and is considering banning the establishment of premises selling firearms near residential areas, schools, churches and other places of worship, childcare centres, premises selling alcohol, premises selling food and other similar premises? That leaves very few places where shooting sports stores can be established. There is no evidence to suggest that sports stores that sell firearms pose any risk whatsoever to their local communities. What is the Government’s current position on, and future intention in respect of, this matter?

If the government indicates an intention to tighten planning laws regarding gunshops, will Roy Smith continue to vote for its legislation so frequently? Smith and Brown are yet to use their votes for any worthwhile outcome.

26 September 2007

1. The Minister for the Environment answered a question on notice from Roy Smith about the kangaroo meat industry.

2. The Minister for Police answered a question on notice from Roy Smith about gun control. The answer reads: The NSW Government is committed to improving public safety through ongoing compliance with the National Firearms Agreement, Council of Australian Governments Agreement on Handguns and the National Firearms Trafficking Policy Agreement.

3. In the Adjournment debate, Roy Smith spoke about the over-reaction to the proposed gun shop at Roseville, criticising the local member (Johnathan O’Dea), Minister for Planning (Sartor) and Shadow Minister (Hazzard).

4. Robert Brown defeated Lee Rhiannon for a place on the Select Committee on Electoral and Political Party Funding.

5. Robert Brown asked the Minister for Lands and Commerce a question about an inquiry into a Port Macquarie Council decision.

6. The Minister for Water Utilities answered a question on notice from Robert Brown about the Welcome Reef Dam proposal, which was indefinitely deferred in 2001.

25 September 2007

Robert Brown moved a tribute to Vincent Serventy, a naturalist who favoured hunting feral animals.

28 June 2007

1. Robert Brown and Roy Smith voted in favour of a motion to create the position of Assistant Deputy-President of the Legislative Council. Robert Brown then nominated Fred Nile to the position. There were no other nominations.

The Opposition was furious as it had not even been consulted about creating the position. In an indication that it regards Brown as the Government’s poodle, it asked Brown to table the piece of paper from which he had read the motion so it could be determined who prepared it.

2. Robert Brown spoke in favour of the Fair Trading Amendment (Funeral Goods Services) Bill, which will allow an information standard for funeral products and services to be prescribed. He opposed an Opposition amendment for a mandatory code of conduct.

27 June 2007

1. Robert Brown spoke in support of a successful Opposition motion to establish a select committee to inquire into the funding and disclosure of donations to political parties and candidates, including whether to ban donations from corporations, unions and organisations and limit campaign expenditure.

2. Robert Brown and Roy Smith voted against a Bill to extend the Kings Cross drug injecting room for a further four years.

[This is as unprincipled as the Greens voting against the establishment of target shooting ranges. "Those who would deny freedom to others deserve it not for themselves."]

3. Robert Brown presented a report by the Standing Committee on Law and Justice on community-based sentencing options for rural and remote areas and disadvantaged populations, in particular bonds and suspended sentences.

4. Robert Brown spoke on the Budget Estimates. He criticised the Government for “short-sighted planning”, citing the M5 motorway and abandonment of the Welcome Reef Dam. He applauded the commitment to spend a record $12.5 billion on capital works in the next financial year. He welcomed the $2 million allocated to the Hill Top shooting complex, and called for hunters to be permitted to help control feral animals in National Parks.

5. Robert Brown spoke in support of an Opposition amendment to a bill to extend the waste and environment levy on solid waste to liquid waste.

6. Robert Brown issued a Newsletter on behalf of himself and Roy Smith. Matters mentioned that have not already been covered on this page include:

- The two have had meetings with the Premier (Iemma), Minister for Police (Campbell), Primary Industries (McDonald) and Lands (Kelly). [Note: McDonald and Kelly sit in the Legislative Council with Brown and Smith.]

- Hunting by holders of Game Council minors licenses will be restricted to direct supervision by a full firearms licence holder on a one-to-one basis.

- Proposed changes to the regulations requiring registration of antique firearms have been postponed for six months.

- A meeting between fishing industry representatives and the Minister (McDonald) was facilitated. It is commented, “We expect that during the current term of Parliament the Shooters Party will be involved in extensive lobbying on behalf of recreational fishing interests.”

- Roy Smith has visited Nowra, Bega and Albury, while Robert Brown visited Finley.

There was no mention of press releases or media appearances including Roy Smith’s interview on Lateline. [See 22 June below.]

26 June 2007

1. Robert Brown asked if the government would revisit the Welcome Reef Dam proposal as an alternative to the desalination plant for Sydney’s water supply.

2. Roy Smith and Robert Brown both voted in favour of the amendment to the Human Cloning Act to allow stem cell research. (Good to see.)

3. Robert Brown spoke in favour of the APEC Meeting (Police Powers) Bill, in the course of which he said:

“.. one cannot draw a line between violent protests and terrorism—violent protest is domestic terrorism. There is no line between them. “

(This is, of course, complete drivel. There is a huge difference between violent protests and terrorism. Such flawed reasoning is the same as is used to justify restrictive gun laws.)

22 June 2007

Roy Smith was interviewed on ABC Lateline.

21 June 2007

1. Roy Smith was appointed to the Joint Legislation Review Committee.

2. Robert Brown was appointed to the Joint Standing Committee on Road Safety.

3. Robert Brown introduced a private members bill, the Administrative Decisions Tribunal Amendment (Confidential Documents) Bill.

The bill will amend the Administrative Decisions Tribunal Act 1997 to limit the power of the tribunal to make an order prohibiting or restricting the disclosure of the contents of a document, to enable the legal representative of any party to proceedings to see and challenge evidence deemed confidential under S75(2)(d).

In the second reading speech Brown said that withholding the disclosure of confidential documents or information received in evidence from some or all of the parties to the proceedings made it very difficult, if not impossible, for the evidence to be challenged and was a denial of natural justice.

The issue was first highlighted in the 2005 case Aubrey v Commissioner of Police in which the applicant David Aubrey, a licensed firearm owner, appealed to the ADT against the revocation of his licence by the Commissioner of Police. The tribunal placed significant weight on a confidential affidavit in which a member of the public provided evidence of dealings with the applicant, which could not be challenged. It did not dispute the fact that the applicant had never been convicted of a criminal offence in NSW and had never used his firearm in a threatening manner towards any person or in an attempt to harm himself.

In Khalil v Commissioner of Police , Walid Khalil appealed to the ADT against a decision by the Commissioner of Police to refuse him a security industry licence. Once again, the tribunal affirmed the decision based on evidence that was presented before the tribunal on a confidential basis, even though the tribunal acknowledged that Mr. Khalil has no criminal history.

The Administrative Decisions Tribunal should not act as a Star Chamber, he said.

20 June 2007

Robert Brown asked the Minister for Primary Industries, following his answer the previous day about grey nurse sharks, could he assure recreational fishers that the Department of Primary Industries will undertake further independent population research on grey nurse sharks, particularly if recreational fishing groups are prepared to cooperate by providing details about as yet unsurveyed locations of shark populations.

The Minister (Ian McDonald) replied that if evidence were presented of untapped populations of grey nurse sharks off the coast of NSW, presented in a reasonable form, he would have it investigated. He repeated that there are no plans to alter the current regime in relation to grey nurse protection zones in the State.

19 June 2007

1. Robert Brown advised that he and Roy Smith would each vote according to their conscience on the Bill to authorise therapeutic cloning. He indicated he would support the Bill.

2. Robert Brown asked the Minister for Primary Industries, given that the State Government has joined the Federal Government to fight the Nature Conservation Council’s action in the Administrative Appeals Tribunal in relation to the Grey nurse shark and the ocean trout and line fishery, would he confirm that no further restricted areas in relation to recreational fishing will be imposed upon anglers in NSW waters.

The Minister (Ian McDonald) said there were no plans to alter current arrangements for the protection of grey nurse sharks but said, “we have to keep a very close watch on the situation.”

7 June 2007

Robert Brown voted with the Government to defeat an Opposition motion congratulating the Howard government on its economic management and condemning the Iemma government as union-centric.

Roy Smith was not present.

6 June 2007

Robert Brown supported an Opposition urgency motion calling for the tabling of papers relating to the duplication of Iron Cove Bridge.

5 June 2007

1. Roy Smith asked the Minister for Lands, representing the Minister for Climate Change, Environment and Water, if he was aware of a campaign in Europe by Animal Liberation to undermine the kangaroo meat industry. He sought an assurance the NSW Commercial Kangaroo Harvest Management Plan met scientific, hygiene and sustainability requirements.

The Minister (Tony Kelly) agreed to obtain a reply. He said he had read articles about green and environmental groups approaching trading partners and campaigning against kangaroo meat exports. He recommended members have a kangaroo meat barbeque saying, “I have about 10 barbecues a month and nine of them would be kangaroo meat.”

2. Robert Brown asked Minister for Primary Industries to provide details of a major marketing campaign to promote the value of conservation hunting by volunteers in New South Wales.

Despite this being an obvious Dorothy Dixer, the Minister (Ian McDonald) did not answer the question.

He simply replied that as of 20 February 2007, a total of 3,790 feral animals had been removed from forests across the State, including 680 pigs, 990 feral goats, 363 foxes and 1,295 rabbits. He described the problem of introduced feral animals. He said licensed and accredited hunters can access 180 State forests and two Crown land areas.

31 May 2007

1. Robert Brown spoke against a Greens amendment to an Opposition motion criticising the Government for the inadequacy of infrastructure in the Hunter region to support the coal industry.

2. The Administrative Decisions Tribunal Amendment (Confidential Documents) Bill 2007 was postponed by Roy Smith. [This appears to be a duplication of the bill introduced by Robert Brown on 21 June.]

30 May 2007

1. Robert Brown expressed support for the Transport Administration Amendment (Portfolio Minister) Bill, which amended the Transport Administration Act 1988 to increase the role of the Minister.

2. Roy Smith made his inaugural speech.

He thanked by name Robert Brown, John Tingle, Bill Shelton and all of his family. He thanked collectively Shooters Party members and supporters. He made no mention of the SSAA campaign team responsible for his election, notably campaign manager Michael Gill.

He gave a summary of his life, making it sound like a funeral eulogy. He reminisced about less restrictive times in the past, particularly for shooters, and mentioned how Ted Drane had once told him he had a lot to learn.

He criticised the media for lack of accuracy and lamented the fact that current gun laws are based on emotion, ideology or media-driven public opinion, resulting in the waste of billions of dollars and bureaucratic overregulation, for little or no benefit.

“What we need are tough gun laws that target criminals, not sports men and women, people on the land, or others with a legitimate need to own firearms.”

He criticised the growth of marine parks and conservation areas, claiming, “The Shooters Party is about defending the rights and freedoms of responsible, law-abiding people—whether they be shooters, anglers, four-wheel drivers or other outdoor enthusiasts—whose rights and freedoms are being unreasonably impeded.”

He nominated the party’s goals in parliament as: (i) amendments to aspects of firearms legislation eg 28 day cooling off period; (ii) reintroduction of duck and quail seasons; (iii) expansion of the Game Council to national parks; (iv) allowing non-commercial kangaroo hunters to utilise the meat and skins of culled animals; (v) removing current difficulties faced by new shooters who wish to try target shooting; (vi) reintroduction of shooting sports and firearms safety programs into public school sports programs; (vii) Government review of marine parks legislation.

[Note: this is a realistic list of goals and will provide a basis for measuring his performance.]

11 May 2007

Robert Brown was appointed to the General Purpose Standing Committee No 5.

……………………………………………………………………………………………………………………………………………………………..

23 November 2006

1. Robert Brown supported a Christian Democrats amendment to an Opposition motion calling for the tabling of documents relating to the Central Coast Water Supply.

2. Robert Brown supported a Christian Democrats amendment to a Greens motion calling for the tabling of the report on Operation Retz.

3. Robert Brown supported a motion by the Outdoor Recreation Party calling for the tabling of documents relating to the results of the two Grey Nurse shark distribution and abundance surveys for 2003 referred to in a letter from NSW Fisheries to the NSW Spearfishing and Freediving Association dated 17 September 2003 and not previously provided to the House.

4. Robert Brown spoke against Greens amendments to the Trees (Disputes Between Neighbours) Bill. One such amendment sought to introduce the concept of an urban forest.

5. Robert Brown spoke in support of the motion of appreciation for John Evans on his retirement as Clerk of the Legislative Council.

22 November 2006

1. Robert Brown spoke in favour of the James Hardie Former Subsidiaries (Winding Up and Administration) Amendment (Trust Funds) Bill. This implemented the final funding agreement in relation to asbestos victims.

“I applaud the State Government, the Federal Government and even James Hardie. … if there were no James Hardie there would be no money to pay for the damage it caused. Everyone is to be congratulated.”

2. Robert Brown spoke against an Opposition amendment to the Threatened Species Conservation Amendment (Biodiversity Banking) Bill.

21 November 2006

1. Robert Brown asked the Minister for Roads, representing the Minister for Police, what steps the Government was taking to reduce illicit firearm traffic into and within the State in light of the publication by Baker and McPhedran showing that the Howard-Carr gun laws did not result in any significant acceleration of the downward trend in firearm homicide.

2. Robert Brown spoke in support of an Opposition amendment to the Threatened Species Conservation Amendment (Biodiversity Banking) Bill. The amendment was defeated.

3. Robert Brown said that after listening to the Greens he now disagreed with them and supported the Environmental Planning Legislation Amendment Bill. This made amendments to the Environmental Planning and Assessment Act 1979 with regard to the certification of development, development contributions, major projects and a number of miscellaneous issues.

15 November 2006

Robert Brown spoke against the Companion Animals Amendment Bill.

The Bill gives councils and courts the ability to declare a dog to be dangerous if it displays unreasonable aggression or if it is kept or used for the purpose of hunting game such as pigs and wild deer.

Hunting dogs will be exempt from muzzling and leashing requirements while hunting, but at all other times must be controlled and confined in the same way as any other declared dangerous dog.

Dogs such as Golden Retrievers, Cocker Spaniels and Setters used to flush out and retrieve birds are not included, nor are small terriers such as Jack Russells and Foxies.

14 November 2006

1. Robert Brown supported a bill to transfer over 14,000 ha of State Forest and other Crown land in the Lower Hunter region to the Department of Environment and Conservation as National Park.

2. Robert Brown spoke in support of the Mount Panorama Motor Racing Amendment Bill, which increased to five the maximum number of annual events using the whole Mount Panorama motor racing circuit.

26 October 2006

1. Robert Brown voted in support of a Democrats bill to remove exemptions for smoking in pubs and clubs, including outdoor areas. The bill was defeated.

2. Robert Brown spoke in support of the National Parks and Wildlife Amendment (National Parks Volunteer Service) Bill, a private members bill by the Outdoor Recreation Party that provided for a volunteer service to assist with management of the State’s national parks.

25 October 2006

1. Robert Brown spoke in support of the Deer Bill, which was introduced to clarify the ownership of deer, to regulate the keeping and management of deer in captivity, to prevent the release of deer from captivity and to introduce mechanisms to control deer that are not captive.

He successfully moved amendments to the Bill including a prohibition on the use of 1080 for controlling deer and a requirement that the Minister consult with the Australian Deer Association prior to issuing a deer control order.

2. Robert Brown spoke in support of the Road Transport (General) Amendment (Intelligent Access Program) Bill which allows road authorities to use GPS to monitor heavy vehicles for compliance and enforcement purposes. He said:

“I can see a future, now closer than many of us think possible, where exceeding the speed limits in our cities and towns and on our open roads will no longer be able to be explained as a transitory mistaken behaviour.”

19 October 2006

John Tingle’s private members bill, the Firearms Amendment (Good Behaviour Bonds) Bill, was returned from the Legislative Assembly with amendments.

The amendments were approved with the support of all members except the Greens and the Act gazetted on 27 October 2006.

18 October 2006

1. Robert Brown asked the Minister for Health:

“Is the Minister aware of newspaper advertisements by a company called Supplemax advising men over 40 that they might need testosterone supplements?

Do these advertisements state, “A brand new daily treatment program could revolutionise life for the thousands suffering health problems associated with low levels of the male hormone, testosterone”? Do the advertisements offer consultation and diagnosis by telephone? Does testosterone, in fact, feed potential prostate cancer, especially in men over 40, who are entering the dangerous age zone for prostate cancer? If so, could testosterone supplements be dangerous for men at risk? Will the Minister investigate the accuracy and medical credibility of these advertisements, with a view to having them withdrawn?”

[It is relevant that John Tingle suffers from prostate cancer.]

The Minister replied that he was not competent to advise on the accuracy or otherwise of the substance of the question. The issue of the advertisement was referred to the Minister for Fair Trading.

On 21 November the Minister advised that Fair Trading was monitoring the promotions of Supplemax Pty Limited, however it has not considered it necessary to take any action under the Fair Trading Act at this stage.

2. Robert Brown made a lengthy speech in support of the Road Transport Legislation Amendment (Drug Testing) Bill. The purpose of the bill is to provide police with new powers to detect drug drivers and create new drug driving offences. It introduces random roadside drug testing and provides for drug testing of any driver, rider or supervising licence holder involved in a fatal crash.

27 September 2006

Robert Brown asked the Minister for Commerce, representing the Minister for the Environment, to provide details of additional rehabilitation work that has been done, particularly in relation to the stream bed, and if there would be any prosecutions, as a result of the breaching of a dam by NPWS on Towamba River at Kiah.

The Minister replied that the Department of Environment and Conservation has substantially completed the earthworks required to rehabilitate the damaged area, which have also been seeded with a quick-growing grass species. He also said announcements relating to the impending prosecutions were best left to the regulator.

26 September 2006

1. Robert Brown spoke against a motion to commemorate the centenary of the granting of the State arms by replacing the Royal arms in the Chamber with State arms. He said, “We could probably lower the Chamber by two feet by removing the top two steps of the dais to allow the new State arms to be displayed above the Vice Regal Chair. Removing the royal arms from the Chamber will cause disruption and disturbance. There is a danger that the arms may be damaged during removal, and it is probably not appropriate to place them elsewhere.”

2. Robert Brown asked the Minister for Primary Industries about the accuracy of media reports that environment groups were seeking to have the Government convert a list of six forests to national parks, and sought an assurance that the forests would not be converted.

The Minister waffled, replying merely that he had not personally seen such a list and did not know whether anyone in the Government who had.

3. Robert Brown voted in support of a Greens amendment to the Parliamentary Electorates and Elections Amendment Bill to limit the size of election posters within five metres of a polling place on election day. The amendment was carried.

4. Robert Brown voted against a Greens amendment that would have prevented the erection of election posters at polling stations prior to 6 am on election days. The amendment was lost by one vote.

7 September 2006

Robert Brown spoke to a motion of condolence regarding the death of Steve Irwin, commenting: “The death of Steve Irwin is a great loss to conservation, even though his type of conservation does not align with my own beliefs.”

5 September 2006

Robert Brown asked the Minister for the Environment about the breaching of a dam on the Towamba River by the National Parks and Wildlife Service, resulting in severe silting and damage to fish breeding holes.

The Minister replied that the water level was lowered following an unusually heavy storm and that the sediment had not caused significant change to the river. Temporary works to stabilise the area plus additional rehabilitation works were planned.

31 August 2006

Robert Brown spoke in favour of an opposition procedural motion to bring forward a motion of no confidence in the Minister for Health.

30 August 2006

Robert Brown asked the Minister for Primary Industries about “the recent incident involving a German shepherd-kelpie cross dog which was running loose in Doubleduke State Forest and which was killed by a licensed hunter.”

The Minister replied that a full investigation had been conducted and that the shooter was licensed and accredited while the dog was unleashed.

8 June 2006

Robert Brown was appointed to the Joint Standing Committee on Road Safety, to replace John Tingle.

7 June 2006

1. Robert Brown supported a Greens motion to refer to the General Purposes Standing Committee a bill that would prohibit serious criminals from providing their semen for use or storage for reproductive purposes and requires inmates who have had their semen stored pay charges for the storage. The motion was carried.

2. Robert Brown supported a Greens bill to amend the Snowy Hydro Act so that, “Shares in the Snowy Hydro Company held by the State of NSW must not be sold or otherwise disposed of unless the disposal is approved by resolution of each House of Parliament.”

He congratulated Greens MLC Ian Cohen on presenting the bill. He also claimed that Alan Jones was the only person entitled to claim “hero status” over the “saving of the Snowy.”

He supported a Government amendment to Cohen’s bill that would exempt a sale to the Commonwealth from the provision, saying: “The public in New South Wales does not care which government owns Snowy Hydro, as long as it is publicly owned.”

[Note: Unlike the Prime Minister, who opposed the privatization of the Snowy Hydro for cynical and populist reasons, Brown appears to support continued government ownership of the business on ideological grounds.

Note also that the Commonwealth has not purchased Snowy Hydro from the NSW Government. The company continues to suffer from lack of capital and other inefficiencies due to government ownership.]

3. Robert Brown supported a Christian Democrats motion to establish a select committee to inquire into the continued public ownership of Snowy Hydro Ltd. The motion was carried.

24 May 2006

1. Robert Brown moved that the Firearms Amendment (Good Behaviour Bonds) Bill, passed by the Legislative Council in the previous session but not dealt with by the Legislative Assembly because of prorogation, be proceeded with by the Assembly.

[This is a Private Members Bill moved by John Tingle prior to his retirement.]

2. Robert Brown asked the Minister for Police how much the RTA charges for a photographic licence, if there is any proposal to increase it and if so, would it lead to an increase in licence fees.

On 29 August the Minister replied that the RTA charges $28 to issue a photographic firearms licence and that he was unaware of any proposal to increase this fee.

23 May 2006

Robert Brown made his inaugural speech, giving a chronology of his life and specifically thanking just one person – John Tingle. Paying tribute, he quoted comments by MLCs on his retirement and mentioned Tingle’s advice to him to, “Be nice! And please don’t waggle your finger at Government Ministers.”

He expressed support for continued government rather than private sector ownership of the Snowy Hydro.

He hinted at opposition to the Federal government’s industrial relations laws.

He mentioned another party for firearm owners, the Liberal Democratic Party, declaring “Honourable members will note that I am shaking in my boots.”

He also sought to link the party to the fishing vote, referring to the “endless declaration of keep-out national parks and reserves or by the proposed declaration of massive no-go marine reserves.”

His mention of another small political party in an inaugural speech was so unusual it became a news item on ABC Radio the following day.