SOUTH AUSTRALIA]

No. 30

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

THURSDAY  2  NOVEMBER  2006

 

 

 

   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 Clerk announced that the following Petition had been lodged for presentation:

         By the Hon. J.S.L. Dawkins from 32 residents of South Australia, concerning the proposal to construct a tramline from Victoria Square to North Terrace in Adelaide.  The Petitioners pray that this Honourable House will do its utmost to convince the State Government not to proceed to construct such a tramline and remove trees, flagpoles and median strip and will create extreme congestion in Adelaide’s major thoroughfare.  The Petitioners also request the retention of the existing free bus routes in that vicinity.

 

Petition No. 14 -
Proposal to
Construct  a
Tramline from
Victoria Square to
North Terrace in
Adelaide.

   3.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Child Sex Offenders Registration Bill.

 

In the Committee

 

                          Schedule 1, as amended, further considered and agreed to.

                          Schedule 2 agreed to.

                          Schedule 3 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.

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

 

In the Committee

 

                          Clauses No. 1 and No. 2 reconsidered and agreed to.

                          Clause No. 3 reconsidered, further amended and agreed to.

                          Clauses No. 4 to No. 59 reconsidered and agreed to.

                          Clause No. 60 reconsidered, further amended and agreed to.

                          Clauses No. 61 to No. 66 reconsidered and agreed to.

Child Sex Offenders
Registration Bill.

 

                          Clauses No. 66A to No. 66H reconsidered and struck out.

                          Clause No. 67 reconsidered, amended and agreed to.

                          Clauses No. 68 to No. 72 reconsidered and agreed to.

                 The Hon. N. Xenophon moved on page 37, after line 14, to insert new clause as follows:

72A—Investigation and report on electronic monitoring

(1)     The Minister must, not more than 1 year after the commencement of this section, appoint an independent person to carry out an investigation and review concerning—

(a)     systems available for electronic monitoring of persons; and

(b)    whether the use of any such systems in this State would be of benefit for the purpose of monitoring the movements of registrable offenders or any particular classes of registrable offenders; and

(c)     the feasibility of introducing requirements for the use of such systems in this State and the costs likely to be involved in the use of such systems.

(2)     If the person appointed under subsection (1) is of the opinion that a trial of any systems available for electronic monitoring of persons is necessary or desirable for the purposes of the investigation and review, and advises the Minister of that opinion, the Minister must provide any assistance reasonably required for the conduct of such a trial.

(3)     The person appointed under subsection (1) must present to the Minister a report on the outcome of the investigation and review not more than 2 years after the commencement of this section.

(4)     The Minister must, within 12 sitting days after receipt of a report under this section, cause a copy of the report to be laid before both Houses of Parliament.”.

                 Question - That new clause No. 72A as proposed to be inserted by the Hon. N. Xenophon, be so inserted - put.

 

 

             Committee divided:

Ayes, 12

The Hon. A. M. Bressington

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. D.G.E. Hood

The Hon. S. M. Kanck

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. T. J. Stephens

The Hon. N. Xenophon (Teller)

      So it was resolved in the affirmative.

 

Noes, 7

The Hon. B. V. Finnigan

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. I. K. Hunter

The Hon. M. C. Parnell

The Hon. R. P. Wortley

The Hon. P. Holloway (Teller)

 

 

 

                          Clause No. 72A inserted.

                          Clause No. 73 reconsidered and agreed to.

                          Schedule 1 reconsidered and agreed to.

                          Schedule 2 reconsidered and agreed to.

                          Schedule 3 reconsidered and agreed to.

                          Title reconsidered and agreed to.

____________________

 

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

                 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.

 

 

   4.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Upper South East Dryland Salinity and Flood Management (Extension of Period of Scheme) Amendment Bill.

In the Committee

 

                          Clauses No. 1 to No. 3 agreed to.

                          Clause No. 4 read.

                 The Hon. S. M. Kanck moved on page 3, lines 26 to 30, to delete the definition of land transfer finalisation date and insert:

                          “land transfer finalisation date means 19 December 2007;”.

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

                          Clause No. 4 agreed to.

                          Clause No. 5 amended and agreed to.

                          New clause No. 5A inserted.

                          Clause No. 6 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 Environment and Conservation, 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 Period
of Scheme)
Amendment Bill.

   5.

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

 

Postponement
of Business.

   6.

On the Order of the Day being read for the adjourned debate on the question - That the Magistrates (Part-time Magistrates) 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.

 

Magistrates
(Part-time
Magistrates)
Amendment Bill.

   7.

Ordered - That Orders of the Day (Government Business) No. 3, No. 5 and No. 6 be postponed and taken into consideration after Order of the Day (Government Business) No. 7.

 

Postponement
of Business.

   8.

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.

                 On motion of the Hon. R. P. Wortley, the debate was adjourned until next day of sitting.

 

Appropriation Bill.

   9.

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

 

Postponement
of Business.

10.

Ordered - That the Council, at its rising, do adjourn until Tuesday, 14 November 2006, at fifteen minutes past two o’clock.

 

Postponement
of Business.

11.

Council adjourned at twenty minutes past six o’clock until Tuesday, 14 November 2006, 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. M. Gazzola

The Hon. P. Holloway

 

The Hon. D.G.E. Hood

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