SOUTH AUSTRALIA]

No. 24

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

MONDAY  1  DECEMBER  2003

 

 

 

   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 following Papers were laid upon the Table, viz.:

        By the President -

                 Reports, 2002-2003 -

                          City of Mitcham.

                          City of Port Lincoln.

                          City of Prospect.

                          City of Whyalla.

                          Regional Council of Goyder.

                          District Council of Grant.

                          District Council of Loxton Waikerie.

                          Renmark Paringa Council.

                          District Council of Tumby Bay.

 

Papers.

 

   3.

The Minister for Aboriginal Affairs and Reconciliation (The Hon. T. G. Roberts) tabled a copy of a Ministerial Statement made by the Minister for Education and Children’s Services (The Hon. P. L. White, M.P.) concerning the Early Childhood Services Initiative - Every Chance for Every Child.

 

Ministerial
Statement Tabled.

 

   4.

The Minister for Aboriginal Affairs and Reconciliation, according to order, moved - That this Council requests Her Excellency The Governor to make a proclamation under section 43(4) of the National Parks and Wildlife Act 1972 to vary the proclamation made under sections 28 and 43 of that Act on 26 September 1996 so as to remove the ability to acquire or exercise pursuant to that proclamation rights of entry, prospecting, exploration or mining under the Mining Act 1971, the Petroleum Act 1940 (or its successor) or the Petroleum (Submerged Lands) Act 1982, over the land constituted by that proclamation as the Great Australian Bight Marine National Park.

                 Debate ensued.

                 On motion of the Hon. S. M. Kanck, the debate was adjourned and ordered to be resumed on motion.

 

National Parks
and Wildlife Act -
Sections 28 and 43 - Variation of
Proclamation -
Great Australian
Bight
Marine
National Park -
Motion re.

 

   5.

Ordered - That Orders of the Day (Government Business) No. 2 to No. 4 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

   6.

Ordered - That Order of the Day (Government Business) No. 5 be postponed and taken into consideration on motion.

 

Postponement
of Business.

 

   7.

Ordered - That Orders of the Day (Government Business) No. 6 to No. 10 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

   8.

Ordered - That Orders of the Day (Government Business) No. 11 and No. 12 be postponed and taken into consideration after Order of the Day (Government Business) No. 13.

 

Postponement
of Business.

 

   9.

On the Order of the Day being read for the adjourned debate on the question - That the National Environment Protection Council (South Australia) (Miscellaneous) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. G. E. Gago, the debate was adjourned and ordered to be resumed on motion.

 

National
Environment
Protection Council
(
South Australia)
(Miscellaneous)
Amendment Bill.

 

10.

The Council, according to order, resolved itself into a Committee of the whole for the consideration of the Law Reform (Ipp Recommendations) 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.

 

Law Reform (Ipp
Recommendations)
Bill.

 

11.

Ordered - That Order of the Day (Government Business) No. 11 be postponed and taken into consideration on motion.

 

Postponement
of Business.

 

12.

On the Order of the Day being read for the adjourned debate on the question - That the Criminal Law Consolidation (Identity Theft) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. G. E. Gago, the debate was adjourned until next day of sitting.

 

Criminal Law
Consolidation
(Identity Theft)
Amendment Bill.

 

13.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes  Amendment (Bushfire Summit Recommendations) 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. 11 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 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.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

Statutes Amendment
(Bushfire Summit
Recommendations)
Bill.

 

14.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Legal Practitioners (Miscellaneous) Amendment Bill.

 

In the Committee

 

                          Clause No. 5 further considered and agreed to.

                          Clauses No. 6 to No. 14 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 Agriculture, Food and Fisheries, 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.

 

Legal Practitioners
(Miscellaneous)
Amendment Bill.

 

15.

Ordered - That the adjourned debate on the motion of the Minister for Aboriginal Affairs and Reconciliation - That this Council requests Her Excellency The Governor to make a proclamation under section 43(4) of the National Parks and Wildlife Act 1972 to vary the proclamation made under sections 28 and 43 of that Act on 26 September 1996 so as to remove the ability to acquire or exercise pursuant to that proclamation rights of entry, prospecting, exploration or mining under the Mining Act 1971, the Petroleum Act 1940 (or its successor) or the Petroleum (Submerged Lands) Act 1982 over the land constituted by that proclamation as the Great Australian Bight Marine National Park - be now resumed.

                 Debate resumed.

                 Question put and passed.

 

National Parks
and Wildlife Act -
Sections 28 and 43 - Variation of
Proclamation -
Great Australian
Bight
Marine
National Park -
Motion re.

 

16.

Ordered - That Order of the Day (Government Business) No. 13 and Order of the Day (Private Business) No. 1 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

17.

The following Messages from the House of Assembly were received and read -

Message No. 36

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith entitled an Act to amend the Victims of Crime Act 2001, to which it desires the concurrence of the Legislative Council.

House of Assembly, 27November 2003.                                             I. P. LEWIS, Speaker.

                 Bill read a first time.

                 The Minister for Agriculture, Food and Fisheries then moved - That this Bill be now read a second time.

                 On motion of the Hon. R. D. Lawson, the debate was adjourned until next day of sitting.

 

Messages from
House of Assembly:
Victims of Crime
(Criminal Injuries
Compensation
Regulations)
Amendment Bill.

 

 

 

Message No. 37

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith entitled an Act to amend the Bail Act 1985, the Criminal Law (Sentencing) Act 1988, the District Court Act 1991, the Magistrates Court Act 1991 and the Supreme Court Act 1935, to which it desires the concurrence of the Legislative Council.

House of Assembly, 1 December 2003.                                               I. P. LEWIS, Speaker.

                 Bill read a first time.

             Ordered - That the second reading be an Order of the Day for next day of sitting.

 

Statutes Amendment
(Intervention
Programs and
Sentencing
Procedures) Bill.

 

18.

Council adjourned at seventeen minutes to six o’clock until tomorrow 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. T. J. Stephens

The Hon. N. Xenophon