SOUTH AUSTRALIA]

No. 18

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  1  AUGUST  2007

 

 

 

   1.

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

                 The President read prayers.

 

Meeting of
Council.

    2.

The following Paper was laid upon the Table, viz.:

        By the Minister for Environment and Conservation (The Hon. G. E. Gago) -

                 Report on the Review of the Natural Resources Management Act 2004.

 

Paper.

   3.

The Minister for Police (The Hon. P. Holloway), without notice, moved - That the Standing Orders be so far suspended as to enable Question Time to be extended to enable the Hon. M. C. Parnell to ask a question of him and for the Minister to complete his reply.

                 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.

   4.

In accordance with Sessional Standing Order, the President called on Members to make Statements on Matters of Interest.

 

Statements on
Matters of Interest.

   5.

Ordered - That Notices of Motion (Private Business) No. 1 and No. 2 be Orders of the Day for Wednesday, 12 September 2007.

 

Postponement
of Business.

   6.

The Hon. M. C. Parnell, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Nuclear Waste Storage Facility (Prohibition) Act 2000 and to make a related amendment to the Radiation Protection and Control Act 1982.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. M. C. Parnell then moved - That this Bill be now read a second time.

                 On motion of the Hon. B. V. Finnigan, the debate was adjourned until Wednesday, 12 September 2007.

 

Nuclear Waste
Storage Facility
(Prohibition)
(Prohibition of Other
Nuclear Facilities)
Amendment Bill.

   7.

The Hon. N. Xenophon, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Casino Act 1997 and the Gaming Machines Act 1992.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. N. Xenophon then moved - That this Bill be now read a second time.

                 On motion of the Hon. B. V. Finnigan, the debate was adjourned until Wednesday, 12 September 2007.

 

Statutes Amendment
(Play Tracking
Technology) Bill.

   8.

The Hon. N. Xenophon, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Development Act 1993 and the Gaming Machines Act 1992.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. N. Xenophon then moved - That this Bill be now read a second time.

                 On motion of the Hon. D.G.E. Hood, the debate was adjourned until Wednesday, 12 September 2007.

 

Statutes Amendment
(Location of Gaming
Venues) Bill.

   9.

The Hon. N. Xenophon, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Summary Offences Act 1953, and to make related amendments to the Victims of Crime Act 2001.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. N. Xenophon then moved - That this Bill be now read a second time.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday, 12 September 2007.

 

Summary Offences
(Medical
Examination
of Suspects)
Amendment Bill.

  10.

The Hon. R. I. Lucas, pursuant to notice, moved - That this Council condemns the Rann Government for its arrogance and inappropriate and unacceptable behaviour.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday, 12 September 2007.

 

Arrogance of Rann
Government -
Motion re.

11.

The Hon. S. M. Kanck, pursuant to notice, moved - That she have leave to introduce a Bill for an Act to establish the Independent Commission Against Crime and Corruption; to define its functions and powers; and for other purposes.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. S. M. Kanck then moved - That this Bill be now read a second time.

                 On motion of the Hon. I. K. Hunter, the debate was adjourned until Wednesday, 12 September 2007.

 

Independent
Commission Against
Crime and
Corruption Bill.

12.

Ordered - That Order of the Day (Private Business) No. 2 be an Order of the Day for Wednesday, 12 September 2007.

 

Postponement
of Business.

  13.

The Hon. M. C. Parnell, according to order, moved - That this Council notes the covering letter accompanying the recently released South Australian Greenhouse Strategy.

                 And the Hon. M. C. Parnell having obtained leave to conclude his remarks, the debate was adjourned and ordered to be resumed on motion.

 

South Australian
Greenhouse Strategy
Covering Letter -
Motion re.

14.

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.

 

  15.

Ordered - That the adjourned debate on the motion of the Hon. M. C. Parnell - That this Council notes the covering letter accompanying the recently released South Australian Greenhouse Strategy - be now resumed.

                 Debate resumed.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday, 12 September 2007

 

South Australian
Greenhouse Strategy
Covering Letter -
Motion re.

16.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. M. C. Parnell moved - That this Council notes -

          “I.      the long running industrial dispute at Tristar Steering and Suspension Australia Limited; and

          II.      the location in Adelaide of the Company’s owners and directors,

        and calls on the Premier to convene a meeting of the parties to the dispute, with a view to assisting in its resolution.”.

                 Debate resumed.

                 On motion of the Hon. I. K. Hunter, the debate was adjourned until Wednesday, 12 September 2007.

 

Industrial Dispute at
Tristar Steering
and Suspension
Australia Ltd. -
Motion re.

 

17.

Ordered - That Orders of the Day (Private Business) No. 5 to No. 7 be Orders of the Day for Wednesday, 12 September 2007.

 

Postponement
of Business.

18.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. R. P. Wortley - That the Report of the Natural Resources Committee on Deep Creek be noted:

                 Debate resumed.

                 Question put and passed.

 

Natural Resources
Committee -
Report on Deep
Creek to be noted -
Motion re.

 

19.

Ordered - That Orders of the Day (Private Business) No. 9 to No. 14 be Orders of the Day for Wednesday, 12 September 2007.

 

Postponement
of Business.

  20.

The Hon. M. C. Parnell, pursuant to notice, moved - That the Regulations under the Native Vegetation Act 1991 concerning Clearance Exemptions, made on 29 March 2007 and laid on the Table of this Council on 24 April 2007, be disallowed.

                 On motion of the Hon. B. V. Finnigan, the debate was adjourned until Wednesday, 12 September 2007.

 

Native Vegetation
Act - Regulations -
Clearance
Exemptions -
Motion for
disallowance of.

 

21.

Ordered - That Orders of the Day (Private Business) No. 16 to No. 27 be Orders of the Day for Wednesday, 12 September 2007.

 

Postponement
of Business.

22.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. S. M. Kanck - That the Natural Resources Committee conduct an inquiry into uses of the waters of the Murray-Darling Basin and their impacts in respect of South Australia, with particular reference to:

            I.   The forms of agriculture which are consistent with the sustainable use of water resources (including relevant riparian, groundwater and artesian sources);

          II.   The extent to which the natural processes of the basin are being altered to suit the needs of irrigation, and the impact this has on South Australia’s water supplies;

         III.   The economic value of agriculture and its impact on water and environmental sustainability;

         IV.   Alternatives to water-intensive primary industries including:

(a)     Strategies for their continuation or cessation, and

(b)    What assistance would be required by communities and individuals reliant on crops that are identified as unsustainable;

          V.   The impact of managed investment schemes and large corporate agribusinesses on downstream small irrigators, rural communities and the environment in South Australia.

         VI.   The amount of water allocated to ‘sleeper licences’ and the proportion of that water which is not being used;

        VII.   The risks of and need for appropriate regulatory controls for the expansion of water trading across the basin; and

      VIII.   Any other related matter:

                 Debate resumed.

                 The Hon. M. C. Parnell moved to amend the motion in paragraph I, by leaving out the words “(including relevant riparian, groundwater and artesian sources)” and inserting the words  “within the basin”, in paragraph II, by leaving out the words “South Australia’s”, in paragraph V after “rural”, by inserting the words “and urban” and after “environment”, by leaving out the words “in South Australia”, in paragraph VI after “sleeper”, by inserting the words “and non-secure” and after paragraph VI, by inserting new paragraph as follows:

    “VIA.   The methodology in regulating the use of water by way of a ‘non-secure’ licence;”.

                 Question - That the amendments moved by the Hon. M. C. Parnell to the motion moved by the Hon. S. M. Kanck, be agreed to - put and passed.

                 Question - That the motion moved by the Hon. S. M. Kanck, and as amended by the Hon. M. C. Parnell, be agreed to - put and passed.

 

Uses of Water of the
Murray-Darling
Basin -
Natural Resources
Committee to
inquire into -
Motion re.

 

23.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Summary Procedure (Paedophile Restraining Orders) Amendment Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 3 agreed to.

                          Clause No. 4 amended and agreed to.

                          Clause No. 5 amended and agreed to.

                          New clause No. 6 inserted.

                          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; whereupon the Council adopted such report.

                 The Minister for Police, 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 Hon. D.G.E. Hood 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.

 

Summary Procedure
(Paedophile
Restraining Orders)
Amendment Bill.

24.

Ordered - That Orders of the Day (Private Business) No. 30 to No. 38 be Orders of the Day for Wednesday, 12 September 2007.

 

Postponement
of Business.

25.

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

 

Postponement
of Business.

26.

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.

                 Question put and passed.

                 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

 

                          Clauses No. 1 to No. 8 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 Police, 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.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

Appropriation Bill.

27.

Ordered - That Orders of the Day (Government Business) No. 7 and No. 8 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 Statutes Amendment (Investigation and Regulation of Gambling Licensees) Bill be now read a second time:

                 Debate resumed.

                 Question put and passed.

                 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 next day of sitting.

 

Statutes Amendment
(Investigation and
Regulation of
Gambling Licensees)
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.

The Minister for Police, without notice, moved - That the Standing Orders be so far suspended as to enable the Clerk to deliver the Appropriation Bill, the Statutes Amendment (Budget 2007) Bill, the Murray-Darling Basin (Amending Agreement) Amendment Bill and the Public Finance and Audit (Certification of Financial Statements) Amendment 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 Members of the Council.

 

Suspension of
Standing Orders:
Delivery of
Bills and
Messages.

31.

The Minister for Police moved - That the Council, at its rising, do adjourn until Tuesday, 11 September 2007, at fifteen minutes past two o’clock.

                 Debate ensued.

                 Question put and passed.

 

Next Day
of Sitting.

32.

Council adjourned at ten minutes past eleven o’clock until Tuesday, 11 September 2007, at fifteen minutes past two o’clock.

 

Adjournment.

 

_________________________

 

 

 

 

 

Members present during any part of the sitting:

 

 

 

The Hon. A. M. Bressington

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. B. V. Finnigan

The Hon. G. E. Gago

The Hon. J. Gazzola

The Hon. D.G.E. Hood

 

The Hon. P. Holloway

The Hon. I. K. Hunter

The Hon. S. M. Kanck

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. M. C. Parnell

 

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. T. J. Stephens

The Hon. S. G. Wade

The Hon. R. P. Wortley

The Hon. N. Xenophon

The Hon. C. Zollo