SOUTH AUSTRALIA]

No. 65

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY  1  DECEMBER  2009

 

 

 

   1.

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

                 The President read prayers.

 

Meeting of
Council.

    2.

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

Message No. 20.

                 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 present Session, viz.:

                 No. 55 of 2009 - An Act to remove doubts relating to action taken by Lieutenant-Governors and Administrators of the State at any time since the commencement of the Australia Act 1986 of the Commonwealth; and for other purposes.

                 No. 56 of 2009 - An Act to amend the Development Act 1993.

                 No. 57 of 2009 - An Act to refer certain matters relating to workplace relations to the Parliament of the Commonwealth for the purposes of Section 51(xxxvii) of the Constitution of the Commonwealth.

                 No. 58 of 2009 - An Act to amend various Acts to facilitate the integration of State and federal workplace relations systems and processes.

                 No. 59 of 2009 - An Act to amend the Maralinga Tjarutja Land Rights Act 1984.

                 No. 60 of 2009 - An Act to provide for the making and enforcement of unexplained wealth orders; to make related amendments to the Criminal Assets Confiscation Act 2005; and for other purposes.

                 No. 61 of 2009 - An Act to amend the Liquor Licensing Act 1997.

                 No. 62 of 2009 - An Act to amend the Second-hand Vehicle Dealers Act 1995; and to make a consequential amendment to the Magistrates Court Act 1991.

                 No. 63 of 2009 - An Act to amend the Correctional Services Act 1982; and to make related amendments to the Young Offenders Act 1993.

                 No. 64 of 2009 - An Act to amend the Family Relationships Act 1975, the Births, Deaths and Marriages Registration Act 1996 and the Assisted Reproductive Treatment Act 1988.

Government House, Adelaide, 1 December 2009.                                    KEVIN SCARCE, Governor.

 

Message from
Governor:
Assent to Bills.

   3.

The Hon. I. K. Hunter brought up the Interim Report of the Select Committee on Collection of Property Taxes by State and Local Government including Sewerage Charges by SA Water, together with Minutes of Evidence.

                 Ordered - That the Report be printed.  (Paper No. 286)

 

Select Committee
on Collection of
Property Taxes by
State and Local
Government
including Sewerage
Charges by
SA Water -
Interim Report.

   4.

The Hon. B. V. Finnigan brought up the Interim Report of the Select Committee on Allegedly Unlawful Practices Raised in the Auditor-General’s Report, 2003-2004, together with Minutes of Evidence.

                 Ordered - That the Report be printed. (Paper No. 287)

 

Select Committee
on Allegedly
Unlawful Practices
Raised in the
Auditor-General’s
Report, 2003-2004 - Interim Report.

 

   5.

The Hon. M. C. Parnell brought up the Report of the Select Committee on SA Water, together with Minutes of Proceedings and Evidence.

                 Ordered - That the Report be printed.  (Paper No. 285)

 

Select Committee
on SA Water -
Report.

   6.

The Hon. M. C. Parnell brought up the Report of the Select Committee on Tax-Payer Funded Government Advertising Campaigns, together with Minutes of Proceedings and Evidence.

                 Ordered - That the Report be printed.  (Paper No. 281)

 

Select Committee on
Tax-Payer Funded
Government
Advertising
Campaigns -
Report.

   7.

The Hon. D. W. Ridgway brought up the Report of the Select Committee on Staffing, Resourcing and Efficiency of South Australia Police, together with Minutes of Proceedings and Evidence.

                 Ordered - That the Report be printed.  (Paper No. 284)

 

Select Committee on
Staffing, Resourcing
and Efficiency of
South Australia
Police -
Report.

 

   8.

The Hon. R. L. Brokenshire brought up the Report of the Select Committee on Taxi Industry in South Australia, together with Minutes of Proceedings and Evidence.

                 Ordered - That the Report be printed.  (Paper No. 283)

 

Select Committee on
Taxi Industry in
South Australia -
Report.

 

   9.

The Hon. T. J. Stephens brought up the Interim Report of the Select Committee on Certain Matters Relating to Horse Racing in South Australia, together with Minutes of Evidence.

                 Ordered - That the Report be printed.  (Paper No. 288)

 

Select Committee on
Certain Matters
Relating to Horse
Racing in South
Australia -
Interim Report.

 

10.

The Hon. C. Zollo brought up the Report of the Statutory Authorities Review Committee on its Inquiry into the Office of the Public Trustee.

                 Ordered - That the Report be printed.  (Paper No. 274)

 

Statutory Authorities
Review Committee -
Report on Inquiry
into Office of the
Public Trustee.

 

11.

 

The Hon. R. P. Wortley brought up the Report of the Environment, Resources and Development Committee on its Inquiry into Public Transport.

 

Environment,
Resources and
Development
Committee -
Report on
Inquiry into
Public Transport.

 

  12.

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

        By the President -

                 Reports, 2008-2009 -

                          District Council -

                                   Alexandrina.

                                   Ceduna.

                                   Clare and Gilbert Valleys.

                                   Elliston.

                                   Goyder.

                                   Kimba.

                                   Lower Eyre Peninsula.

                                   Mount Barker.

                                   Murray Bridge.

                                   Port Augusta.

                                   Port Lincoln.

                                   Streaky Bay.

                                   Tumby Bay.

                                   Victor Harbor.

                                   Wudinna.

        By the Minister for Mineral Resources Development (The Hon. P. Holloway) -

                 Reports, 2008-2009 -

                          Capital City Committee Adelaide.

                          Defence SA.

Papers.

 

                          Department of Trade and Economic Development.

                          Department of Treasury and Finance.

                          Distribution Lessor Corporation.

                          Essential Services Commission of South Australia.

                          Funds SA.

                          Generation Lessor Corporation.

                          Guardianship Board.

                          Legal Practitioners Disciplinary Tribunal.

                          Motor Accident Commission.

                          Murray-Darling Basin Authority.

                          Operations of the Auditor-General’s Department.

                          Police Superannuation Board.

                          Promotion and Grievance Appeals Tribunal.

                          Public Trustee.

                          RESI Corporation.

                          SA Metropolitan Fire Service Superannuation Scheme.

                          South Australian Asset Management Corporation.

                          South Australian Government Financing Authority.

                          South Australian Motor Sport Board.

                          South Australian Parliamentary Superannuation Scheme.

                          South Australian Superannuation Board.

                          South Australian Water Corporation.

                          State of the Service.

                          State Procurement Board.

                          Stormwater Management Authority.

                          Transmission Lessor Corporation.

                 Essential Services Commission of South Australia - 2009 SA Rail Access Regime Inquiry - Final Inquiry Report - October 2009.

                 Section 74B of the Summary Offences Act 1953 - Road Block Establishment Authorisations for the period 1 July 2009 to 30 September 2009.

                 Section 83B of the Summary Offences Act 1953 - Dangerous Area Declarations for the period 1 July 2009 to 30 September 2009.

        By the Minister for Urban Development and Planning (The Hon. P. Holloway) -

                 The Administration of the Development Act 1993 - The Planning Strategy - Report, 2008-2009.

        By the Minister for State/Local Government Relations (The Hon. G. E. Gago) -

                 Reports, 2008-2009 -

                          Administration of the Radiation Protection and Control Act 1982.

                          Department for Environment and Heritage.

                          Department for Transport, Energy and Infrastructure - Addendum - Overseas Travel.

                          Environment Protection Authority.

                          Pika Wiya Health Advisory Council.

                          South Australian Abortion Reporting Committee.

                          Southern Adelaide Health Service.

                          Wilderness Advisory Committee.

                          Zero Waste SA.

                 Government Response - State of the Environment Report of South Australia - Report, 2008.

                 Regulations under the following Acts -

                          Environment Protection Act 1993 - Exemption from Act - Maralinga.

                          Fees Regulation Act 1927 - Incidental SA AS Services.

                          Upper South East Dryland Salinity and Flood Management Act 2002 - Establishment of Project Scheme.

                By-laws - District Council -

                          Mount Gambier - By-law F - Smoking on Council Land.

                          Tatiara -

                                   No. 5 - Dogs.

                                   No. 6 - Cats.

        By the Minister for Consumer Affairs (The Hon. G. E. Gago) -

                 Regulations under the following Acts -

                          Liquor Licensing Act 1997 - Dry Areas -

                                   Short Term -

                                            Alexandrina Council.

                                            Spalding.

                                            Stirling.

                                   Long Term -

                                            Paringa and Renmark.

 

 

  13.

The Minister for Mineral Resources Development, by leave, tabled a copy of a Ministerial Statement made by the Premier (The Hon. M. D. Rann, M.P.) concerning the High Court Challenge Against Victoria on Water being Launched.

 

Ministerial
Statement Tabled.

14.

Ordered - That Order of the Day (Government Business) No. 1 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

15.

Ordered - That Orders of the Day (Government Business) No. 2 to No. 5 be postponed and taken into consideration after Order of the Day (Government Business) No. 6.

 

Postponement
of Business.

16.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (Public Sector Consequential Amendments) 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. 387 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 State/Local Government Relations, 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
(Public Sector
Consequential
Amendments) Bill.

  17.

The Minister for State/Local Government Relations, by leave, tabled a copy of a Ministerial Statement made by the Minister for Education (The Hon. J. D. Lomax-Smith, M.P.) concerning the Government’s Education Works Initiative.

 

Ministerial
Statement Tabled.

18.

On the Order of the Day being read for the adjourned debate on the question - That the Local Government (Accountability Framework) Amendment 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.

 

Local Government
(Accountability
Framework)
Amendment Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 3 agreed to.

                          Clause No. 4 amended and agreed to.

                          Clauses No. 5 to No. 7 agreed to.

                          Clause No. 8 amended and agreed to.

                          Clauses No. 9 and No. 10 agreed to.

                          Clause No. 11 read.

                 The Hon. D. W. Ridgway moved on page 6, after line 25, to insert the following:

             “(a1)  Section 74(4)—after paragraph (d) insert:

                     or

          (e)       seek to gain access to any documents or reports in the possession of the council that relate to that matter to any significant extent.”.

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

                 The Hon. D. N. Winderlich moved on page 6, after line 38, to insert the following:

“(3)      Section 74—after subsection (5) insert:

            (5a)      In addition to the operation of subsection (5), the Ombudsman may, on the complaint of a person with an interest considered by the Ombudsman to be sufficient in the circumstances, investigate an allegation of a breach of this section.

            (5b)      If the Ombudsman decides to conduct an investigation under subsection (5a)—

      (a)       the Ombudsman may exercise the powers of the Ombudsman under the Ombudsman Act 1972 as if carrying out an investigation under that Act, subject to such modifications as may be necessary, or as may be prescribed; and

      (b)      at the conclusion of the investigation, the Ombudsman may prepare a report on any aspect of the investigation and may publish the report, a part of the report, or a summary of the report, in such manner as the Ombudsman thinks fit.”.

                 Question - That the amendment be agreed to - put.

 

 

             Committee divided:

Ayes, 12

The Hon. A. M. Bressington

The Hon. J. A. Darley

The Hon. J.S.L. Dawkins

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. D. N. Winderlich  (Teller)

         So it was resolved in the affirmative.

 

Noes, 9

The Hon. R. L. Brokenshire

The Hon. B. V. Finnigan

The Hon. J. M. Gazzola

The Hon. P. Holloway

The Hon. D.G.E. Hood

The Hon. I. K. Hunter

The Hon. R. P. Wortley

The Hon. C. Zollo

The Hon. G. E. Gago (Teller)

 

 

                          Clause No. 11, as amended, agreed to.

                          New Clause No. 11A inserted.

                          New Clause No. 11B inserted.

                          Clauses No. 12 to No. 15 agreed to.

                          Clause No. 16 amended and agreed to.

                          Clauses No. 17 to No. 21 agreed to.

                          Clause No. 22 read.

                 The Hon. D. W. Ridgway moved on page 11, line 14, to leave out “a prescribed service” and insert “a waste collection service”.

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

                 The Hon. J. A. Darley moved on page 11, after line 26, to insert the following:

“(12)       Despite a preceding subsection, if land does not have capacity to generate waste to any material degree, a service rate or annual service charge in respect of the provision of a waste collection service cannot be imposed in relation to that particular piece of land.”.

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

                          Clause No. 22 agreed to.

                          Clause No. 23 agreed to.

                          Clause No. 24 read.

                 The Hon. R. L. Brokenshire moved on page 12, after line 10, to insert the following:

“(2)      Section 161—after subsection (4) insert:

(5)     The Crown will be liable to reimburse a council for the amount of any rebate of rates under this section that relates to supported accommodation that consists of accommodation for persons provided by housing associations registered under the South Australian Co-operative and Community Housing Act 1991 under a scheme established by the Minister for the purposes of this subsection after consultation with the LGA.”.

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

                          Clause No. 24 agreed to.

                          Clause No. 25 amended and agreed to.

                          Clause No. 26 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.

 

 

19.

Ordered - That Orders of the Day (Government Business) No. 3 and No. 4 be postponed and taken into consideration after Order of the Day (Government Business) No. 5.

 

Postponement
of Business.

20.

On the Order of the Day being read for the adjourned debate on the question - That the Magistrates Court (Special Justices) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. I. K. Hunter, the debate was adjourned and ordered to be resumed on motion.

 

Magistrates Court
(Special Justices)
Amendment Bill.

21.

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.

 

22.

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

Message No. 127

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Valuation of Land Act 1971, with the amendments indicated by the annexed Schedule, to which amendments the House of Assembly desires the concurrence of the Legislative Council.

House of Assembly, 1 December 2009.                                                           J. J. SNELLING, Speaker.

 

Messages from
House of Assembly:
Valuation of Land
(Miscellaneous)
Amendment Bill.

 

Schedule of the Amendments made by the House of Assembly

Amendment No. 1–

Clause 3, page 2, lines 8 to 12—

Delete clause 3 and substitute:

3–Amendment of section 19Amendment to valuation roll

    Section 19—after subsection (2) insert:

        (3)     The Valuer-General may amend a valuation and the valuation roll if he or she discovers or receives notice that the valuation is not consistent with other valuations in force under this Act (provided that this subsection only applies if the amended valuation will be less than the original valuation).

Amendment No. 2–

Clause 5—

            Delete this clause.

 

 

Amendment No. 2–

Clause 5—

Delete this clause.

Amendment No. 3–

Clauses 6 and 7, page 3, lines 4 to 20—

Delete clauses 6 and 7.

Amendment No. 4–

Clause 8, page 3, lines 22 to 28 [clause 8(1) and (2)]—

Delete subclauses (1) and (2) and substitute:

    Section 24—after subsection (1d) insert:

       (1e)    Despite any other provision of this section, the Valuer-General may, for reasonable cause shown by a person entitled to make an objection to a valuation, extend the period within which the objection may be made (whether or not the period for objection to the valuation that would otherwise apply under this section has already expired).

M. LEHMAN, Clerk of the House of Assembly.

 

 

                 Ordered - That the message be taken into consideration forthwith.

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

 

In the Committee

 

                 Resolved - That the amendments be agreed to.

_____________________

 

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

 

 

 

Message No. 128

                 MR. PRESIDENT - The House of Assembly has agreed to the amendments made by the Legislative Council in the Intervention Orders (Prevention of Abuse) Bill, without any amendment.

House of Assembly, 1 December 2009.                                                           J. J. SNELLING, Speaker.

 

Intervention Orders
(Prevention of
Abuse) Bill.

 

Message No. 129

                 MR. PRESIDENT - The House of Assembly requests that a Conference may be granted to it respecting certain amendments in the Statutes Amendment (Victims of Crime) Bill.  In the event of a Conference being agreed to, the House of Assembly will be represented by five Managers.

House of Assembly, 1 December 2009.                                                           J. J. SNELLING, Speaker.

                 Ordered - That a Message be sent to the House of Assembly granting a Conference as requested by that House; and that the time and place for holding the same be the Plaza Room on the first floor of the Legislative Council, at the hour of 4.00 p.m. on Wednesday, 2 December 2009, and that the Hon. J. A. Darley, the Hon B. V. Finnigan, the Hon. R. D. Lawson, the Hon. S. G. Wade and the Minister for Mineral Resources Development be the Managers on the part of this Council.

 

Statutes Amendment (Victims of Crime) Bill.

 

Message No. 130

                 MR. PRESIDENT - The House of Assembly has agreed to Amendment No. 1 made by the Legislative Council in the Motor Vehicles (Miscellaneous No. 2) Amendment Bill, without any amendment; has disagreed to Amendment No. 2 and has made an alternative amendment in lieu thereof, with a consequential amendment to the Bill as indicated in the annexed Schedule, to which amendments the House of Assembly desires the concurrence of the Legislative Council.  The Bill is returned herewith.

House of Assembly, 1 December 2009.                                                           J. J. SNELLING, Speaker.

 

Motor Vehicles
(Miscellaneous
No. 2) Amendment
Bill.

 

Schedule of the Legislative Council’s Amendment No. 2
to which the House of Assembly has disagreed

Legislative Council’s Amendment No. 2–

Clause 9, page 8, line 40 [clause 9, inserted section 75A(16)]—

Delete all words in this line and substitute:

(aa)   where the vehicle is being driven on a road outside of Metropolitan Adelaide—100 kilometres an hour;

(a)     where the vehicle is being driven on a road within Metropolitan Adelaide and—

 

Schedule of the Alternative Amendment made by the House of Assembly in lieu thereof

with a consequential amendment to the Bill

House of Assembly’s Alternative Amendment –

Clause 9, page 8, lines 38 to 40 and page 9, lines 1 to 13 [clause 9, inserted section 75A(16)]—

Delete subsection (16) and substitute:

(16)   The holder of a learner’s permit must not drive a motor vehicle on a road in any part of the State at a speed exceeding 100 kilometres an hour.

         Maximum penalty:  $1 250.

House of Assembly’s Consequential Amendment to the Bill–

Schedule 1, page 27, after line 18 [Schedule 1, clause 4]—

After paragraph (b) insert:

 (c)    on the commencement of section 9 of this Act, section 75A(5aa) of the principal Act (as in force immediately before that commencement) ceases to apply to the holder of the permit;

(d)    section 75A(16) of the principal Act (as in force after that commencement) applies to the holder of such a permit as if the permit had been issued after that commencement.

M. LEHMAN, Clerk of the House of Assembly.

 

 

                 Ordered - That the message be taken into consideration forthwith.

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

 

In the Committee

 

                 Resolved - That Amendment No. 2 be not insisted on.

                 Resolved - That the amendment made by the House of Assembly in lieu of Amendment No. 2 and the consequential amendment be agreed to.

_____________________

 

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

 

 

 

Message No. 131

                 MR. PRESIDENT - The House of Assembly has agreed to the amendments made by the Legislative Council in the Children’s Protection (Implementation of Report Recommendations) Amendment Bill, without any amendment.

House of Assembly, 1 December 2009.                                                           J. J. SNELLING, Speaker.

 

Children’s
Protection
(Implementation
of Report
Recommendations)
Amendment Bill.

 

 

Message No. 132

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to establish the Outback Communities Authority and to facilitate the administration and management of outback communities; to repeal the Outback Areas Community Development Trust Act 1978; and for other purposes, with the amendments indicated by the annexed Schedule, to which amendments the House of Assembly desires the concurrence of the Legislative Council.

House of Assembly, 1 December 2009.                                                           J. J. SNELLING, Speaker.

 

Outback
Communities
(Administration and
Management) Bill.

 

Schedule of the Amendments made by the House of Assembly

Amendment No. 1–

Clause 9, page 6, line 3—

Delete “Public Sector Management Act 1995” and substitute:

Public Sector (Honesty and Accountability) Act 1995

Amendment No. 2–

Clause 11, page 7, line 6—

Delete “Public Sector Management Act 1995” and substitute:

Public Sector (Honesty and Accountability) Act 1995

Amendment No. 3–

Clause 21, page 12—

Delete clause 21 and substitute:

21—Rates on land—asset sustainability levies and community contributions

      (1)       The Authority may impose—

      (a)       asset sustainability levies on land in the outback to raise revenue for the maintenance of public services and facilities in the outback; and

      (b)      community contributions on land in an area of the outback to raise revenue for the purposes of planning, carrying out, making available, supporting, maintaining or improving an activity that is, or is intended to be, of particular benefit to the outback community in that area or to visitors to that community.

      (2)       An asset sustainability levy is to be imposed in the same way as a council imposes general rates on land in its council area, except that the levy must be based on a fixed charge approved by the Minister.

      (3)       A community contribution is to be imposed in the same way as a council imposes separate rates on land in its council area, except that—

      (a)       a contribution may only be imposed if it is authorised by a community affairs resourcing and management agreement; and

      (b)      a contribution must be based on a fixed charge approved by the Minister.

      (4)       The fixed charge approved by the Minister for an asset sustainability levy or community contribution may vary according to the use of the land, the locality of the land or any other factor (but not one based on a valuation of the land).

      (5)       The Minister must not approve a fixed charge for an asset sustainability levy for a financial year that will result in an increase in the levy from the previous financial year (other than a CPI increase) unless—

      (a)       a notice of the proposed fixed charge has been laid before both Houses of Parliament, together with an explanation of the reasons for the increase; and

      (b)      after 6 sitting days (which need not fall within the same Parliament or the same session of Parliament) no resolution has been passed by either House of Parliament prohibiting the approval.

      (6)       For the purposes of this section, Chapter 10 Part 1 of the Local Government Act 1999 applies as if it formed part of this Part, subject to the following modifications.

      (a)       a reference to a council is to be read as a reference to the Authority;

      (b)      a reference to the area of a council is to be read as a reference to the outback;

      (c)       a reference to local government purposes is to be read as a reference to the purposes of the Authority;

      (d)      a reference to a general rate is to be read as a reference to an asset sustainability levy;

      (e)       a reference to a separate rate is to be read as a reference to a community contribution;

       (f)       a reference to the chief executive of a council is to be read as a reference to the presiding member of the Authority;

      (g)      any other modifications prescribed by regulation.

      (7)       The revenue raised from asset sustainability levies and community contributions in respect of a particular financial year need not be completely expended in that year.

      (8)       The first asset sustainability levy notice for a financial year must be accompanied by—

      (a)       a summary of the Authority's business plan for the financial year; and

      (b)      an assessment of the activities of the Authority against its business plan for the previous financial year.

      (9)       Asset sustainability levies and community contributions cannot be challenged on a ground based on non‑compliance with this section, or on a ground based on the contents of a plan, budget or assessment prepared under this Act.

(10)       In this section—

CPI increase means an increase reflecting the all groups consumer price index for Adelaide published by the Australian Bureau of Statistics.

M. LEHMAN, Clerk of the House of Assembly.

 

 

                 Ordered - That the message be taken into consideration forthwith.

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

 

In the Committee

 

                 Resolved - That the amendments be agreed to.

_____________________

 

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

 

 

 

Message No. 133

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith entitled an Act to amend the Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981 and to make related amendments to the Opal Mining Act 1995 and to By-laws under the Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981, to which it desires the concurrence of the Legislative Council.

House of Assembly, 1 December 2009.                                                           J. J. SNELLING, Speaker.

                 Bill read a first time.

                 The Minister for Mineral Resources Development then moved - That this Bill be now read a second time.

                 On the motion of the Hon. D. W. Ridgway, the debate was adjourned until next day of sitting.

 

Anangu
Pitjantjatjara
Yankunytjatjara
Land
Rights
(Mintabie)
Amendment Bill.

23.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Local Government (Accountability Framework) Amendment Bill.

                 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. 26 further considered and agreed to.

                          Clause No. 27 agreed to.

                          Clause No. 28 read.

                 The Hon. D. W. Ridgway moved on page 13, after line 8, to insert the following:

“(3a)    An application under subsection (3) must be made within 5 years after the declaration is made under this section.”.

                 Question - That the amendment be agreed to - put.

Local Government
(Accountability
Framework)
Amendment Bill.

 

             Committee divided:

Ayes, 10

The Hon. A. M. Bressington

The Hon. J. A. Darley

The Hon. J.S.L. Dawkins

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. M. C. Parnell

The Hon. C. V. Schaefer

The Hon. S. G. Wade

The Hon. D. N. Winderlich

The Hon. D. W. Ridgway (Teller)

         So it was resolved in the affirmative.

 

Noes, 7

The Hon. B. V. Finnigan

The Hon. J. M. Gazzola

The Hon. P. Holloway

The Hon. D.G.E. Hood

The Hon. I. K. Hunter

The Hon. C. Zollo

The Hon. G. E. Gago (Teller)

 

 

                          Clause No. 28, as amended, agreed to.

                          Clauses No. 29 to No. 37 agreed to.

                          Clause No. 38 amended and agreed to.

                          Clause No. 39 read.

                 The Hon. D. N. Winderlich moved on page 19, after line 15, to insert the following:

“(6b)   The investigator or investigators must, at the request of the Minister, provide to the Minister an interim report relating to the investigation, or to any aspect of the investigation specified by the Minister.

  (6c)    The Minister must supply the council with a copy of a report provided under subsection (6b) and give the council a reasonable opportunity to make submissions to the Minister in relation to the matter unless the Minister considers that providing the report or such an opportunity would be likely to undermine the investigation.”.

                 Question - That the amendment be agreed to - put.

 

 

             Committee divided:

Ayes, 10

The Hon. A. M. Bressington

The Hon. J. A. Darley

The Hon. J.S.L. Dawkins

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. M. C. Parnell

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. S. G. Wade

The Hon. D. N. Winderlich (Teller)

         So it was resolved in the affirmative.

 

Noes, 7

The Hon. B. V. Finnigan

The Hon. J. M. Gazzola

The Hon. P. Holloway

The Hon. D.G.E. Hood

The Hon. I. K. Hunter

The Hon. C. Zollo

The Hon. G. E. Gago (Teller)

 

 

                          Clause No. 39 as amended, and otherwise amended, agreed to.

                          Clause No. 40 read.

                 The Hon. D. W. Ridgway moved on page 19, lines 23 and 24, to leave out subclause (2).

                 The Minister for State/Local Government Relations moved on page 19, line 24, after “thinks fit” to insert “(after taking into account the contents of a relevant report)”.

                 Question - That all words in subclause (2) stand as printed - put and negatived.

                          Clause No. 40, as amended, agreed to.

                 The Hon. D. N. Winderlich moved on page 19, after line 30, to insert new clause 40A as follows:

40A—Insertion of section 273A

After section 273 insert:

273A—Declaration of caretaker period

      (1)       In this section—

asset means anything that must be treated as an asset for the purposes of the financial statements of a council;

caretaker period in relation to a council means a period commencing on a date fixed under subsection (2) and ending on a date determined by the Minister in the particular case (being a determination made on or after the presentation of the report to the Minister at the conclusion of the investigation under section 272(7));

lease includes an agreement for lease, but does not include a lease entered into as a result of the exercise of a right or option to renew a lease entered into before the commencement of a caretaker period.

 

 

      (2)       If the Minister, after receiving an interim report under section 272(6b), considers that the circumstances justify the exercise of powers under this section, the Minister may, by notice in the Gazette, fix a date from which the council will be subject to the operation of this section (the beginning of the caretaker period).

      (3)       Subject to this section, if during a caretaker period the council to which the period relates—

      (a)       enters into a contract for the appointment of a chief executive officer; or

      (b)      enters into a contract—

       (i)       the terms of which require (either unconditionally or subject to conditions) the council to make a payment exceeding $100 000, or payments exceeding $100 000 in total; or

      (ii)       the terms of which entitle the council to receive a payment exceeding $100 000, or payments exceeding $100 000, on account of the disposal by the council of an asset of the council; or

      (c)       enters into a lease under which the rent payable by the lessee in any period exceeds $100 000,

without the approval of the Minister, the contract or lease is liable to be voided by the Minister.

      (4)       However, subsection (3) does not apply to—

      (a)       a contract or lease entered into by the council to give effect to any expenditure or revenue measure contained in a budget adopted by the council before the commencement of the caretaker period; or

      (b)      a contract or lease of a kind excluded from the operation of that subsection by the regulations.

      (5)       An approval granted by the Minister for the purposes of this section has no effect unless the council had, before submitting the relevant contract or lease to the Minister for approval, resolved that it would, subject to the approval of the Minister, enter into the contract or lease.

      (6)       If—

      (a)       the Minister voids a contract or lease under this section; and

      (b)      the Minister or the council incurs a liability by reason of or in relation to the contract or lease,

the Minister or the council (as the case may be) may recover the whole of the amount of the liability as a debt from the persons who were members of the council at the time that the contract was made or lease was entered into or made, or from any of them, or from any one of them.

      (7)       The Minister must publish a copy of the Minister’s determination fixing the end of a caretaker period under this section in the Gazette.”.

                 Question - That new clause 40A, as proposed to be inserted, be so inserted - put and negatived.

                          Clause No. 41 amended and agreed to.

                          Clauses No. 42 to No. 45 agreed to.

                 The Hon. D. N. Winderlich moved on page 21, after line 34, to insert new clause 45A as follows:

45A—Insertion of section 302A

After section 302 insert:

302A—Whistleblowing

Each council must ensure that a member of the staff of the council (with qualifications prescribed by the regulations) is designated as a responsible officer for the council for the purposes of the Whistleblowers Protection Act 1993.”.

                 Question - That new clause 45A, as proposed to be inserted, be so inserted - put.

 

 

 

             Committee divided:

Ayes, 9

The Hon. A. M. Bressington

The Hon. J.S.L. Dawkins

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. M. C. Parnell

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. S. G. Wade

The Hon. D. N. Winderlich (Teller)

         So it was resolved in the affirmative.

 

Noes, 8

The Hon. J. A. Darley

The Hon. B. V. Finnigan

The Hon. J. M. Gazzola

The Hon. P. Holloway

The Hon. D.G.E. Hood

The Hon. I. K. Hunter

The Hon. C. Zollo

The Hon. G. E. Gago (Teller)

 

 

                          New Clause No. 45A inserted.

                          Clause No. 46 agreed to.

                          New Clause No. 46A inserted.

                          Clauses No. 47 and No. 48 agreed to.

                          Schedule 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; whereupon the Council adopted such report.

                 The Minister for State/Local Government Relations, 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 State/Local Government Relations moved - That the 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.

 

 

24.

Ordered - That Orders of the Day (Government Business) No. 3 and No. 4 be postponed and taken into consideration after Order of the Day (Government Business) No. 5.

 

Postponement
of Business.

  25.

On the Order of the Day being read for the adjourned debate on the question - That the Upper South East Dryland Salinity and Flood Management (Extension of Project) Amendment 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. 16 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 Mineral Resources 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.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

Upper South East
Dryland Salinity and Flood Management
(Extension of
Project)
Amendment Bill.

  26.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Statutes Amendment (Children’s Protection) Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 11 agreed to.

                          Clause No. 12 amended and agreed to.

                          Clauses No. 13 to No. 19 agreed to.

                          Title agreed to.

_____________________

 

Statutes Amendment
(Children’s
Protection) Bill.

 

                 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 State/Local Government Relations, 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.

 

 

27.

Ordered - That Order of the Day (Government Business) No. 4 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

  28.

Ordered - That the adjourned debate on the question - That the Magistrates Court (Special Justices) Amendment Bill be now read a second time - be now resumed.

                 Debate resumed.

                 Question put and passed.

                 Bill read a second time.

                 Ordered - That the Bill’s consideration in Committee be an Order of the Day for next day of sitting.

 

Magistrates Court
(Special Justices)
Amendment Bill.

29.

Ordered - That all remaining Orders of the Day (Private 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 tomorrow at eleven o’clock a.m.

 

Next Day of Sitting.

31.

Council adjourned at eleven minutes past eleven o’clock until tomorrow at eleven o’clock a.m.

 

Adjournment.

 

_________________________

 

 

 

 

 

Members present during any part of the sitting:

 

 

 

The Hon. A. M. Bressington

The Hon. R. L. Brokenshire

The Hon. J. A. Darley

The Hon. J.S.L. Dawkins

The Hon. B. V. Finnigan

The Hon. G. E. Gago

The Hon. J. M. Gazzola

 

The Hon. P. Holloway

The Hon. D.G.E. Hood

The Hon. I. K. Hunter

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. D. N. Winderlich

The Hon. R. P. Wortley

The Hon. C. Zollo