SOUTH AUSTRALIA]

No. 25

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY  2  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.

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

Message No. 4.

                 The Governor informs the Legislative Council that, in the name and on behalf of Her Majesty The Queen, the following Act was assented to during the Third Session of the 50th Parliament, viz.:

                 No. 52 of 2003 - An Act to amend the Education Act 1972.

Government House,                             MARJORIE JACKSON-NELSON, Governor

Adelaide.

2 December 2003.

 

Message from
Governor:
Assent to Bills.

 

    3.

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

        By the Minister for Agriculture, Food and Fisheries (The Hon. P. Holloway) -

                 Reports, 2002-2003 -

                          Adelaide International Film Festival.

                          Police Superannuation Board.

                          South Australian Alpaca Advisory Group.

                          South Australian Cattle Advisory Group.

                          South Australian Deer Advisory Group.

                          South Australian Equal Opportunity Commission.

                          South Australian Goat Advisory Group.

                          South Australian Horse Industry Advisory Group.

                          South Australian Sheep Advisory Group.

                 Regulation under the following Act -

                          Public Corporations Act 1993 - Land Management Corporation Board.

                 Summary Offences Act 1953 - Annual Statistical Returns -

                          Authorisations Issued to Enter Premises.

                          Dangerous Area Declarations.

                          Road Block Establishment Authorisations.

        By the Minister for Aboriginal Affairs and Reconciliation

        (The Hon. T. G. Roberts) -

                 Reports, 2002-2003 -

                          Occupational Therapists Registration Board of South Australia.

                          Office for the Ageing - Department of Human Services.

                          South Eastern Water Conservation and Drainage Board.

                 State Electoral Office of South Australia - Report for the South Australian Local Government Elections - May 2003.

                 Regulations under the following Act -

                          Road Traffic Act 1961 -

                                   Expiation Fees.

                                   Taxis in Bus Lanes.

                 Child Protection Notifications and Child Welfare Issues pertaining to children in immigration detention in SA - Memorandum of Understanding between the Department of Immigration and Multicultural and Indigenous Affairs and the SA Department of Human Services.

                 Providing access for immigration detainee children in South Australia to education in South Australian Government Schools - Memorandum of Understanding between the Commonwealth of Australia and the State Government of South Australia.

                 Unaccompanied Humanitarian Minors - Memorandum of Understanding between the Commonwealth of Australia and the State Government of South Australia.

 

Papers.

 

   4.

The Minister for Aboriginal Affairs and Reconciliation tabled a copy of a Ministerial Statement made by the Minister for Transport (The Hon. M. J. Wright, M.P.) concerning the Commencement of Road Safety Reforms.

 

Ministerial
Statement Tabled.

 

   5.

The Minister for Agriculture, Food and Fisheries, according to order, moved - That the Statutes Amendment (Intervention Programs and Sentencing Procedures) Bill be now read a second time.

                 On motion of the Hon. R. I. Lucas, the debate was adjourned until next day of sitting

 

Statutes Amendment
(Intervention
Programs and
Sentencing
Procedures) Bill.

 

 

   6.

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.

 

   7.

Ordered - That Orders of the Day (Government Business) No. 5 to No. 9 be postponed and taken into consideration after Order of the Day (Government Business) No. 10.

 

Postponement
of Business.

 

   8.

On the Order of the Day being read for the adjourned debate on the question - That the Highways (Authorised Transport Infrastructure Projects) 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. 4 agreed to.

                          Clause No. 5 read.

                 The Hon. C. V. Schaefer moved on page 3, lines 7 and 8, to leave out the heading to Part 3A and insert the following:

                          “Part 3APort River Expressway Project”.

                 Question - That the amendment be agreed to - put.

Highways
(Authorised
Transport
Infrastructure
Projects)
Amendment Bill.

 

 

             Committee divided:

Ayes, 9

The Hon. T. G. Cameron

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. J. F. Stefani

The Hon. T. J. Stephens

The Hon. C. V. Schaefer (Teller)

      So it was resolved in the affirmative.

 

Noes, 8

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. K. J. Reynolds

The Hon. R. K. Sneath

The Hon. N. Xenophon

The Hon. T. G. Roberts (Teller)

 

 

 

                          Clause No. 5, as amended and otherwise amended, agreed to.

                          Clauses No. 6 to No. 8 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 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.

 

 

   9.

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

 

Postponement
of Business.

10.

Ordered - That Orders of the Day (Government Business) No. 6 to No. 9 and No. 11 be postponed and taken into consideration after Order of the Day (Government Business) No. 12.

 

Postponement
of Business.

11.

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.

                 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. 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 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.

 

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

12.

Ordered - That Order of the Day (Government Business) No. 6 be postponed and taken into consideration on motion.

 

Postponement
of Business.

13.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Statutes Amendment (Investigation and Regulation of Gambling Licensees) Bill.

 

In the Committee

 

                          Clauses No. 1 and No. 2 agreed to.

                          Clause No. 3 amended and agreed to.

                          Clause No. 4 agreed to.

                          Clause No. 5 amended and agreed.

                          New clause No. 5A inserted.

                          Clauses No. 6 and No. 7 agreed to.

                          Clause No. 8 amended and agreed to.

                          Clause No. 9 amended and agreed to.

                          New clause No. 10 inserted.

                 The Hon. A. J. Redford moved on page 8, after line 11, to insert new clause as follows:

                                   “Part 4—Amendment of Independent Gambling Authority Act 1995

                                   11—Amendment of section 17—Confidentiality

                                               Section 17(3)—delete subsection (3)”.

                 Question - That new clause No. 11, as proposed to be inserted by the Hon. A. J. Redford, be so inserted - put.

Statutes Amendment
(Investigation and
Regulation of
Gambling Licensees)
Bill.

 

             Committee divided:

Ayes, 14

The Hon. T. G. Cameron

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. K. J. Reynolds

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. T. J. Stephens

The Hon. N. Xenophon

The Hon. A. J. Redford (Teller)

      So it was resolved in the affirmative.

 

Noes, 5

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. P. Holloway

The Hon. R. K. Sneath

The Hon. T. G. Roberts (Teller)

 

 

 

                          New clause No. 11 inserted.

                          Title amended and agreed to.

_____________________

 

                 The President resumed the Chair, and reported that the Committee had considered the Bill and had agreed to the same with amendments and an amended title; 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.

 

 

14.

Ordered - That Order of the Day (Government Business) No. 8 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

15.

On the Order of the Day being read for the adjourned debate on the question - That the National Parks and Wildlife (Innamincka Regional Reserve) 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. 4 agreed to.

                          Clause No. 5 read.

                 The Hon. T. J. Stephens moved on page 2, line 20, to leave out “Rights” and insert “Subject to subsection (2a), rights” and after line 23, to insert:

                          “(2a)    However, mining rights may be acquired and exercised in respect of a zone created under this section if

(a)     the rights will only be exercised from land contiguous to the zone; and

(b)    the exercise of the rights will not result in a disturbance of the surface of land within the zone.

                           (2b)     A mining right acquired in respect of a zone created under this section may only be exercised in accordance with any conditions or directions given by the Minister responsible for the administration of this Act.”

                 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.

 

National Parks
and Wildlife
(Innamincka
Regional Reserve)
Bill.

16.

Ordered - That Order of the Day (Government Business) No. 11 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

17.

On the Order of the Day being read for the adjourned debate on the question - That the Victims of Crime (Criminal Injuries Compensation Regulations) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. R. K. Sneath, the debate was adjourned until next day of sitting.

 

Victims of Crime
(Criminal Injuries
Compensation
Regulations)
Amendment Bill.

18.

Ordered - That Orders of the Day (Government Business) No. 5 and No. 6 and Order of the Day (Private Business) No. 1 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

19.

The Minister for Aboriginal Affairs and Reconciliation tabled a copy of a Ministerial Statement made by the Minister for Local Government (The Hon. R. J. McEwen, M.P.) concerning the Report by the House of Representatives Economic, Finance and Public Administration Committee, entitled Rates and Taxes: A Fair Share for Responsible Local Government.

 

Ministerial
Statement Tabled.

20.

The Minister for Aboriginal Affairs and Reconciliation tabled a copy of a Ministerial Statement made by the Minister for Local Government concerning the State Electoral Commissioner’s Report for the South Australian Local Government Elections, May 2003.

 

Ministerial
Statement Tabled.

21.

Council adjourned at twenty minutes past 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. J. F. Stefani

The Hon. T. J. Stephens

The Hon. N. Xenophon