SOUTH AUSTRALIA]

No. 59

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

THURSDAY  1  JULY  2004

 

 

 

   1.

Council met pursuant to adjournment.  The President (The Hon. R. R. Roberts) took the Chair.

                 The President read prayers.

 

Meeting of
Council.

 

   2.

The Minister for Industry, Trade and Regional Development (The Hon. P. Holloway), without notice, moved - That the Standing Orders be so far suspended as to enable Petitions, the Tabling of Papers and Question Time to be taken into consideration at fifteen minutes past two o’clock.

                 Question put and passed, without a dissentient voice, there being present an absolute majority of the whole number of Members of the Council.

 

Suspension of
Standing  Orders.

 

   3.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 20 be postponed and taken into consideration after Order of the Day (Private Business) No. 1.

 

Postponement
of Business.

 

   4.

The Hon. T. G. Cameron, according to order, moved - That the Land Agents (Indemnity Fund - Growden Default) Amendment Bill be now read a second time.

                 The Minister for Industry, Trade and Regional Development, pursuant to contingent notice, moved - That the Standing Orders be so far suspended as to enable the Bill to pass through its remaining stages without delay.

                 Debate ensued.

                 On motion of the Hon. R. K. Sneath, the debate was adjourned until Wednesday, 21 July 2004.

 

Land Agents
(Indemnity Fund -
Growden Default) Amendment Bill.

 

 

    5.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 3 be postponed and taken into consideration after Order of the Day (Government Business) No. 4.

 

Postponement
of Business.

 

    6.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Natural Resources Management Bill.

 

In the Committee

 

                          Clause No. 146 which the Hon. C. V. Schaefer had moved to amend on page 121, lines 28 to 31, by leaving out subparagraph (ii) and which the Minister for Aboriginal Affairs and Reconciliation had moved to amend on page 121, line 29, after “purpose for which the water can be used” by inserting “(including a purpose that relates to the use of water for a particular crop)” - further considered.

                 The Minister for Aboriginal Affairs and Reconciliation, by leave, withdrew his amendment.

Natural Resources
Management Bill.

 

 

                 The Hon. C. V. Schaefer, by leave, withdrew her amendment.

                          Clause No. 146 otherwise amended and agreed to.

                          Clause No. 147 read.

                 The Hon. C. V. Schaefer moved on page 123, lines 23 and 24, to delete subclause (4).

                 Question - That the amendment be agreed to - put and negatived.

                          Clause No. 147 otherwise amended and agreed to.

                          Clauses No. 148 to No. 150 agreed to.

                          Clause No. 151 amended and agreed to.

                          Clauses No. 152 to No. 169 agreed to.

                          Clause No. 170 struck out.

                          Clause No. 171 agreed to.

                          Clause No. 172 amended and agreed to.

                          Clauses No. 173 to No. 183 agreed to.

                          Clause No. 184 amended and agreed to.

                          Clauses No. 185 to No. 193 agreed to.

                          Clause No. 194 amended and agreed to.

                          Clauses No. 195 to No. 201 agreed to.

                          Clause No. 202 read.

                 The Hon. C. V. Schaefer moved on page 166, line 1, to leave out paragraph (d) and on page 166, lines 2 to 8, to leave out subclause (6).

                 Question - That the amendments be agreed to - put.

 

 

 

             Committee divided:

Ayes, 8

The Hon. T. G. Cameron

The Hon. J.S.L. Dawkins

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. A. J. Redford

The Hon. J. F. Stefani

The Hon. T. J. Stephens

The Hon. C. V. Schaefer (Teller)

 

      So it passed in the negative.

 

Noes, 9

The Hon. J. M. Gazzola

The Hon. I. Gilfillan

The Hon. P. Holloway

The Hon. S. M. Kanck

The Hon. K. J. Reynolds

The Hon. C. Zollo

The Hon. R. K. Sneath

The Hon. N. Xenophon

The Hon. T. G. Roberts (Teller)

 

 

 

                          Clause No. 202 agreed to.

                          Clause No. 203 amended and agreed to.

                          Clauses No. 204 and No. 205 agreed to.

                          Clause No. 206 read.

                 The Hon. C. V. Schaefer moved on page 170, line 31, after “remission of” to insert “or an exemption from”.

                 Question - That the amendment be agreed to - put and negatived.

                          Clause No. 206 otherwise amended and agreed to.

                          Clause No. 207 read.

                 To report progress and ask leave to sit again.

_____________________

 

                 The President resumed the Chair and reported progress and obtained for the Committee leave to sit again on motion.

 

 

 

   7.

At one o’clock the sitting was suspended until the ringing of the bells.

                 At fifteen minutes past two o’clock the sitting was resumed.

 

Suspension and
Resumption of
Sitting.

 

    8.

A Messenger from the Governor having been announced by Black Rod, the following Message was received and read:

Message No. 10.

                 The Governor informs the Legislative Council that, in the name and on behalf of Her Majesty The Queen, the following Acts have been assented to during the Third Session of the 50th Parliament, viz.:

                 No. 16 of 2004 - An Act to amend the Freedom of Information Act 1991.

                 No. 17 of 2004 - An Act to amend Gas Act 1997.

                 No. 18 of 2004 - An Act to amend the Dog and Cat Act Management Act 1995.

                 No. 19 of 2004 - An Act for the appropriation of money from the Consolidated Account for the financial year ending on 30 June 2005.

Government House, Adelaide.         MARJORIE JACKSON-NELSON, Governor.

1 July 2004.

 

Message from
Governor:
Assent to Bills.

 

    9.

The following Papers were laid upon the Table, viz.:

        By the Minister for Industry, Trade and Regional Development

        (The Hon. P. Holloway) -

                 Section 10 of the Emergency Services Funding Act 1998 - Notice declaring the levy, the area factors, the land use factors and the relevant day for the 2004/2005 financial year.

                 Section 24 of the Emergency Services Funding Act 1998 - Notice declaring the levy in respect of vehicles and vessels for 2004/2005 financial year.

        By the Minister for Aboriginal Affairs and Reconciliation

        (The Hon. T. G. Roberts) -

                 Ministerial Response to the Social Development Committee Inquiry into Supported Accommodation.

 

Papers.

 

10.

The Minister for Industry, Trade and Regional Development tabled a copy of a Ministerial Statement made by the Deputy Premier (The Hon. K. O. Foley, M.P.) concerning the Australian National Child Offender Register.

 

Ministerial
Statement Tabled.

 

11.

The Minister for Industry, Trade and Regional Development tabled a copy of a Ministerial Statement made by the Deputy Premier concerning a Report by Superintendent Paul Schramm.

 

Ministerial
Statement Tabled.

 

  12.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Natural Resources Management Bill.

 

In the Committee

 

                          Clause No. 207 further considered and agreed to.

                          Clause No. 208 agreed to.

                          Clause No. 209 read.

                 The Hon. C. V. Schaefer moved on page 173, lines 31 and 32, to leave out paragraph (d).

                 The Minister for Aboriginal Affairs and Reconciliation moved on page 173, lines 31 and 32, to leave out “and the land is unoccupied” and insert “, the land is unoccupied, and the person seeking to serve the notice or document has taken reasonable steps to effect service under the other paragraphs of this subsection but has been unsuccessful”.

                 Question - That all words in paragraph (d) down to, but excluding “and the land is unoccupied” stand as printed - put and passed.

                 Question - That the amendment moved by the Minister for Aboriginal Affairs and Reconciliation be agreed to - put and passed.

                          Clause No. 209, as amended, agreed to.

                          Clauses No. 210 to No. 221 agreed to.

                          Clause No. 222 amended and agreed to.

                          Clauses No. 223 to No. 225 agreed to.

                          Clause No. 226 amended and agreed to.

                          Clauses No. 227 to No. 235 agreed to.

                          Schedule 1 amended and agreed to.

                          Schedule 2 agreed to.

                          Schedule 3 agreed to.

                          Schedule 4 read.

                 To report progress and ask leave to sit again.

_____________________

 

                 The President resumed the Chair and reported progress and obtained for the Committee leave to sit again on motion.

 

Natural Resources
Management Bill.

 

  13.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 3 and No. 5 to No. 7 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

  14.

Ordered - That Orders of the Day (Government Business) No. 8 to No. 16 be postponed and taken into consideration after Orders of the Day (Government Business) No. 17.

 

Postponement
of Business.

 

  15.

On the Order of the Day being read for the adjourned debate on the question - That the Australian Energy Market Commission Establishment Bill be now read a second time:

                 Debate resumed.

                 Question put and passed.

                 Bill read a second time.

                 Ordered - That the Bill’s consideration in Committee be postponed and taken into consideration on motion.

 

Australian Energy
Market Commission
Establishment Bill.

 

  16.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Natural Resources Management Bill.

 

In the Committee

 

                          Schedule 4 further considered.

                 The Hon. C. V. Schaefer moved on page 208, line 36, to leave out “and 2005/2006 financial years” and insert “financial year”.

                 Question - That the amendment be agreed to - put and negatived.

                          Schedule 4 otherwise amended and agreed to.

                          Title agreed to.

_____________________

 

                 The President resumed the Chair, and reported that the Committee had considered the Bill and had agreed to the same with amendments.

                 Ordered - That the Bill be recommitted in respect of Clause No. 26.

                 The President then left the Chair, and the Council resolved itself into a Committee of the Whole for the reconsideration of Clause No. 26.

 

In the Committee

 

                          Clause No. 26 reconsidered, further amended and agreed to.

____________________

 

                 The President resumed the Chair, and reported that the Committee had reconsidered the Bill and had agreed to the same with a further amendment; whereupon the Council adopted such reports.

                 The Minister for Aboriginal Affairs and Reconciliation, pursuant to contingent notice, moved - That the Standing Orders be so far suspended as to enable the Bill to pass through its remaining stages without delay.

                 Question put and passed.

                 The Minister for Aboriginal Affairs and Reconciliation then moved - That this Bill be now read a third time.

                 Debate ensued.

                 Question put and passed.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

Natural Resources
Management Bill.

 

17.

The following Message from the House of Assembly was received and read -

Message No. 98

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Parliamentary Remuneration Act 1990, to which it desires the concurrence of the Legislative Council.

House of Assembly, 1 July 2004.                                                         I. P. LEWIS, Speaker.

                 Bill read a first time.

                 The Hon. R. K. Sneath then moved - That this Bill be now read a second time.

                 The Minister for Industry, Trade and Regional Development, pursuant to contingent notice, moved - That the Standing Orders be so far suspended as to enable the Bill to pass through its remaining stages without delay.

                 Question put and passed.

                 Debate ensued.

                 And the Hon. S. M. Kanck, having sought leave to conclude her remarks:

                 Leave denied.

                 Debate resumed.

                 Question put.

Message from
House of Assembly:
Parliamentary
Remuneration
(Non-monetary
Benefits)
Amendment Bill.

 

 

 

             Council divided:

Ayes, 13

The Hon. T. G. Cameron

The Hon. J.S.L. Dawkins

The Hon. G. E. Gago

The Hon. P. Holloway

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. T. G. Roberts

The Hon. C. V. Schaefer

The Hon. T. J. Stephens

The Hon. C. Zollo

The Hon. R. K. Sneath (Teller)

      So it was resolved in the affirmative.

 

Noes, 5

The Hon. I. Gilfillan

The Hon. K. J. Reynolds

The Hon. J. F. Stefani

The Hon. N. Xenophon

The Hon. S. M. Kanck (Teller)

 

 

 

                 Bill read a second time.

                 The President then left the Chair, and the Council resolved itself into a Committee of the Whole for the consideration of the Bill.

 

In the Committee

 

                          Clause No. 1 read.

                          To report progress and ask leave to sit again.

_____________________

 

                 The President resumed the Chair and reported progress and obtained for the Committee leave to sit again on motion.

 

 

 

  18.

At six o’clock the sitting was suspended until the ringing of the bells.

                 At fifteen minutes to eight o’clock the sitting was resumed.

 

Suspension and
Resumption of
Sitting.

 

  19.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Parliamentary Remuneration (Non-monetary Benefits) Amendment Bill.

 

In the Committee

 

                          Clause No. 1 further considered and agreed to.

                          Clauses No. 2 to No. 4 agreed to.

                          Schedule agreed to.

                          Title agreed to.

____________________

 

                 The President resumed the Chair, and reported that the Committee had reconsidered the Bill and had agreed to the same without amendment; whereupon the Council adopted such report.

                 The Hon. R. K. Sneath then moved - That this Bill be now read a third time.

                 Debate ensued.

                 Question put.

Parliamentary
Remuneration
(Non-monetary
Benefits)
Amendment Bill.

 

 

             Council divided:

Ayes, 14

The Hon. J.S.L. Dawkins

The Hon. A. J. Evans

The Hon. G. E. Gago

The Hon. P. Holloway

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. D. W. Ridgway

The Hon. T. G. Roberts

The Hon. C. V. Schaefer

The Hon. T. J. Stephens

The Hon. C. Zollo

The Hon. R. K. Sneath (Teller)

      So it was resolved in the affirmative.

 

Noes, 5

The Hon. I. Gilfillan

The Hon. K. J. Reynolds

The Hon. J. F. Stefani

The Hon. N. Xenophon

The Hon. S. M. Kanck (Teller)

 

 

 

                 Question put and passed.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

 

 

  20.

The following Message from the House of Assembly was received and read -

Message No. 99

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Trans-Tasman Mutual Recognition (South Australia) Act 1999, to which it desires the concurrence of the Legislative Council.

House of Assembly, 1 July 2004.                                                         I. P. LEWIS, Speaker.

                 Bill read a first time.

                 The Minister for Industry, Trade and Regional Development then moved - That this Bill be now read a second time.

                 On motion of the Hon. R. I. Lucas, the debate was adjourned until next day of sitting.

 

Message from
House of Assembly:
Trans-Tasman
Mutual Recognition
(
South Australia)
(Removal of Sunset
Clause)
Amendment Bill.

 

  21.

Ordered - That Orders of the Day (Government Business) No. 8 to No. 13 be postponed and taken into consideration after Orders of the Day (Government Business) No. 14.

 

Postponement
of Business.

 

  22.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of Message No. 88 from the House of Assembly relating to the Pitjantjatjara Land Rights (Executive Board) Amendment Bill.

 

In the Committee

 

                          Resolved - That the Amendments of the House of Assembly be agreed to.

____________________

 

                 The President resumed the Chair, and reported accordingly; whereupon the Council adopted such report.

 

Pitjantjatjara
Land Rights
(Executive Board)
Amendment Bill.

 

  23.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Australian Energy Market Commission Establishment Bill.

 

In the Committee

 

                          Clause No. 1 read.

                 To report progress and ask leave to sit again.

_____________________

 

                 The President resumed the Chair and reported progress and obtained for the Committee leave to sit again on motion.

 

Australian Energy
Market Commission
Establishment Bill.

 

 

  24.

At sixteen minutes past ten o’clock the sitting was suspended until the ringing of the bells.

                 At twenty-one minutes to eleven o’clock the sitting was resumed.

 

Suspension and
Resumption of
Sitting.

 

  25.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Australian Energy Market Commission Establishment Bill.

 

In the Committee

 

                          Clause No. 1 further considered and agreed to.

                          Clauses No. 2 to No. 5 agreed to.

                          Clause No. 6 read.

                 The Hon. S. M. Kanck moved on page 5, after line 5, to insert new subclause as follows:

                          “(2)  The AEMC must, in performing its functions, consider the following:

(a)     the need to maintain ecologically sustainable development (as defined in section 3A of the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth);

(b)    the need for efficient and equitable demand-side participation by customers and least-cost planning;

(c)     the need for the electricity supply system to reduce greenhouse gas emissions;

(d)    the impact of the market on low-income consumers.”.

                 Question - That the amendment be agreed to - put and negatived.

                          Clause No. 6 agreed to.

                          Clauses No. 7 to No. 23 agreed to.

                          Clause No. 24 read.

                 Hon. S. M. Kanck moved on page 9, lines 28 and 29, to leave out subclause (9).

                 Question - That the amendment be agreed to - put and negatived.

                          Clause No. 24 agreed to.

                 The Hon. S. M. Kanck moved on page 9, after line clause 24, to insert new clause as follows:

                          “24A—Inquiries

                          (1)    The AEMC may conduct an inquiry into a matter relevant to its functions.

                          (2)    The AEMC must give notice of the inquiry—

(a)     in a newspaper circulating throughout the State; and

(b)    on the AEMC's website; and

(c)     to any government authority affected by the inquiry.

                          (3)    The AEMC must prepare a report on the results of the inquiry and deliver a copy of the report to the Minister.

                          (4)    The Minister must, on receipt of the report, deliver a copy of the report to each of the other Ministers who are members of the MCE.

                          (5)    The Minister must cause a copy of the report to be laid before both Houses of Parliament within 12 sitting days after receipt of the report.

                          (6)    The AEMC must, on the report being laid before both Houses of Parliament, publish the report on its website.”.

                 Question - That new clause No. 24A, as proposed to be inserted by the Hon. S. M. Kanck, be so inserted - put and negatived.

                          Clauses No. 25 to No. 28 agreed to.

                          Schedule agreed to.

                          Title agreed to.

____________________

 

                 The President resumed the Chair, and reported that the Committee had considered the Bill and had agreed to the same without amendment; whereupon the Council adopted such report.

                 The Minister for Industry, Trade and Regional Development, pursuant to contingent notice, moved - That the Standing Orders be so far suspended as to enable the Bill to pass through its remaining stages without delay.

                 Question put and passed.

                 The Minister for Industry, Trade and Regional Development then moved - That this Bill be now read a third time.

                 Debate ensued.

                 Question put and passed.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

Australian Energy
Market Commission
Establishment Bill.

 

 

  26.

The Minister for Industry, Trade and Regional Development, without notice, moved - That the Standing Orders be so far suspended as to enable the Clerk to deliver the Natural Resources Management Bill, the Parliamentary Remuneration (Non-monetary Benefits) Amendment Bill, the Pitjantjatjara Land Rights (Executive Board) Amendment Bill and the Australian Energy Market Commission Establishment Bill and Messages to the Speaker of the House of Assembly whilst the Council is not sitting and notwithstanding the fact that the House of Assembly is not sitting.

                 Question put and passed, without a dissentient voice, there being present an absolute majority of the whole number of the Members of the Council.

 

Suspension of
Standing Orders.

 

  27.

Ordered - That Orders of the Day (Government Business) No. 8 to No. 12 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

  28.

On the Order of the Day being read for the adjourned debate on the question - That the Appropriation Bill be now read a second time:

                 Debate resumed.

_____________________

 

And it being twelve of the clock:

FRIDAY 2 JULY 2004

_____________________

 

                 And the Hon. R. I. Lucas, having obtained leave to conclude his remarks, the debate was adjourned until next day of sitting.

 

Appropriation Bill.

 

  29.

Ordered - That the remaining Orders of the Day (Government Business) be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

  30.

Ordered - That the Council, at its rising, do adjourn until Monday, 19 July 2004, at fifteen minutes past two o’clock.

 

Next Day
of Sitting.

 

  31.

Council adjourned at twenty-eight minutes to one o’clock a.m. until Monday, 19 July 2004, at fifteen minutes past two o’clock.

 

Adjournment.

 

 

_________________________

 

 

 

 

 

 

Members present during any part of the sitting:

 

 

 

 

The Hon. T. G. Cameron

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. I. Gilfillan

The Hon. P. Holloway

 

The Hon. S. M. Kanck

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. K. J. Reynolds

The Hon. D. W. Ridgway

 

The Hon. T. G. Roberts

The Hon. C. V. Schaefer

The Hon. R. K. Sneath

The Hon.  J. F. Stefani

The Hon. T. J. Stephens

The Hon. C. Zollo

The Hon. N. Xenopho