SOUTH AUSTRALIA]

No. 45

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

THURSDAY  2  JULY  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.

The Minister for Mineral Resources 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.

The Minister for Mineral Resources Development, by leave, moved Notice of Motion (Government Business) No. 1 in an amended form, viz.: That pursuant to sections 30 and 34 of the Fair Work Act 1994, the nominee of this Council to the panel to consult with the Minister for Industrial Relations regarding the re-appointment of three members to the Industrial Relations Commission of South Australia, be the Hon. J. M. Gazzola, MLC.

                 Question - That the motion ne agreed to - put and passed.

 

Appointment of
Hon. J. M. Gazzola
to panel consulting
on re-appointment
of three members to
Industrial Relations
Commission of
South Australia.

 

   4.

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

 

Postponement
of Business.

   5.

On the Order of the Day being read for the adjourned debate on the question - That the Reproductive Technology (Clinical Practices) (Miscellaneous) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. I. K. Hunter, the debate was adjourned until next day of sitting.

 

Reproductive
Technology
(Clinical Practices)
(Miscellaneous)
Amendment Bill.

 

   6.

Ordered - That Orders of the Day (Government Business) No. 3 to No. 5 be postponed and taken into consideration after Order of the Day (Government Business) No. 6.

 

Postponement
of Business.

   7.

On the Order of the Day being read for the adjourned debate on the question - That the Second-hand Vehicle Dealers (Cooling-off Rights) Amendment Bill be now read a second time:

                 Debate resumed.

                 And the Hon. J.M.A. Lensink having obtained leave to conclude her remarks, the debate was adjourned until the next day of sitting.

 

Second-hand
Vehicle Dealers
(Cooling-off Rights)
Amendment Bill.

   8.

Ordered - That Orders of the Day (Government Business) No. 3 to No. 5 be postponed and taken into consideration after Order of the Day (Government Business) No. 7.

 

Postponement
of Business.

   9.

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

                 Debate resumed.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until next day of sitting.

 

Electoral
(Miscellaneous)
Amendment Bill.

10.

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

 

Postponement
of Business.

11.

On the Order of the Day being read for the adjourned debate on the question - That the River Torrens Linear Park (Linear Parks) Amendment Bill be now read a second time:

                 Debate resumed.

                 And the Hon. D. W. Ridgway having obtained leave to conclude his remarks, the debate was adjourned until the next day of sitting.

 

River Torrens
Linear Park
(Linear Parks)
Amendment Bill.

12.

At eighteen minutes to twelve 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.

 

  13.

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

Message No. 14.

                 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. 29 of 2009 - An Act to amend the Electricity Act 1996, the Emergency Management Act 2004, the Essential Services Act 1981, the Fire and Emergency Services Act 2005, the Gas Act 1997, the Public and Environmental Health Act 1987 and the Summary Offences Act 1953.

                 No. 30 of 2009 - An Act to amend the National Gas (South Australia) Act 2008.

                 No. 31 of 2009 - An Act to amend the National Electricity (South Australia) Act 1996.

                 No. 32 of 2009 - An Act to amend the Australian Energy Market Commission Establishment Act 2004, the Electricity Act 1996 and the Gas Act 1997.

                 No. 33 of 2009 - An Act to amend the Waterworks Act 1932.

Government House, Adelaide, 2 July 2009.                                              KEVIN SCARCE, Governor.

 

Message from
Governor:
Assent to Bills.

  14.

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

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

                 Regulations under the following Acts -

                          Australian Energy Market Commission Establishment Act 2004 - Australian Energy Market Operator.

                          Electricity Act 1996 - General - Australian Energy Market Operator.

                          Emergency Services Funding Act 1998 - Remissions -

                                   Land.

                                   Motor Vehicles and Vessels.

                          Fisheries Management Act 2007 - Fees - Licence and Registration Application.

                          Gas Act 1997 - Australian Energy Market Operator.

                          Primary Produce (Food Safety Schemes) Act 2004 - Food Safety Schemes - Fees - Seafood.

                          Public Corporations Acct 1993 - South Australian Trade and Investment Corporation - Dissolution and Revocation.

                          Victims of Crime Act 2001 - Fund and Levy.

                          Workers Rehabilitation and Compensation Act 1984 -

                                   Scales of Charges - Medical Practitioners - Revocation.

                                   Scales of Medical and Other Charges - Revocation.

                 Rules -

                          District Court - District Court Act 1991 -

                                   Civil - Amendment No. 10.

                                   Criminal and Miscellaneous - Amendment No. 8.

                          Supreme Court - Supreme Court Act 1935 -

                                   Civil - Amendment No. 8.

                                   Criminal - Amendment No. 25.

                                   Witness Protection.

Papers.

 

                 Emergency Services Funding (Declaration of Levy and Area and Land Use Factors) Notice 2009.

                 Emergency Services Funding (Declaration of Levy for Vehicles and Vessels) Notice 2009.

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

                 Regulations under the following Acts -

                          Development Act 1993 - Open Space Contribution Scheme.

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

                 South Australian Local Government Grants Commission - Report, 2007-2008.

                 South Australian Patient Safety - Report, 2005-2008.

                 Regulations under the following Acts -

                          Natural Resources Management Act 2004 - General - River Murray Prescribed Watercourse.

                          Rates and Land Tax Remission Act 1986 - Remission of Sewerage Rates.

                          Road Traffic Act 1961 - Miscellaneous - Apparatus.

                 Corporation By-Laws -

                          Onkaparinga -

                                   No. 1 - Permits and Penalties.

                                   No. 2 - Moveable Signs.

                                   No. 3 - Roads.

                                   No. 4 - Local Government Land.

                                   No. 5 - Bird Scarers.

                                   No. 6 - Foreshore.

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

                 Regulations under the following Acts -

                          Land and Business (Sale and Conveyancing) Act 1994 - Fees.

                          Liquor Licensing Act 1997 - Dry Areas - Long Term -

                                   Goolwa.

                                   Port Vincent.

 

 

  15.

The Minister for Mineral Resources Development, by leave, tabled a copy of a Ministerial Statement made by the Minister for Water Security (The Hon. K. A. Maywald, M.P.) concerning Water for Good, Guaranteeing South Australia’s Water Security.

 

Ministerial
Statement Tabled.

  16.

The Minister for State/Local Government Relations, by leave, tabled a copy of a Ministerial Statement made by the Minister for Health (The Hon. J. D. Hill, M.P.) concerning a Correction to Budget Estimates Record.

 

Ministerial
Statement Tabled.

17.

The Minister for Mineral Resources Development, without notice, moved - That the Standing Orders be so far suspended as to enable Question Time to be extended to enable the Hon. T. J. Stephens  to ask a question of him and for him to complete his reply; and that Question Time be further extended for a period of ten minutes to allow Members to ask questions relating to the Supplementary Report of the Auditor-General for the year ended 30 June 2008.

                 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.

18.

Ordered - That Order of the Day (Government Business) No. 3 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

19.

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

                 Debate resumed.

                 And the Hon. D. W. Ridgway having obtained leave to conclude his remarks, the debate was adjourned until the next day of sitting.

 

Petroleum
(Miscellaneous)
Amendment Bill.

20.

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

                 At fourteen minutes past six o’clock the sitting was resumed.

 

Suspension and
Resumption of
Sitting.

 

  21.

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

Message No. 77

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith entitled an Act for the appropriation of money from the Consolidated Account for the year ending on 30 June 2010 and for other purposes, to which it desires the concurrence of the Legislative Council.

House of Assembly, 2 July 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 motion of the Hon. D. W. Ridgway, the debate was adjourned until next day of sitting.

 

Message from
House of Assembly:
Appropriation Bill.

22.

Ordered - That the Council, at its rising, do adjourn until Tuesday, 14 July 2009.

 

Next Day of Sitting.

23.

Council adjourned at fourteen minutes past six o’clock until Tuesday, 14 July 2009, at fifteen minutes past two o’clock.

 

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. 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