SOUTH AUSTRALIA]

No. 66

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  2  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.

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,  Question Time, and Statements of Matters of Interest to be taken into consideration at fifteen minutes past two o’clock and Orders of the Day (Government Business) to be taken into consideration prior to Notices of Motion and Orders of the Day (Private Business).

                 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.

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

 

Postponement
of Business.

   4.

On the Order of the Day being read for the adjourned debate on the question - That the Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) (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. 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.

 

Criminal Law
(Clamping,
Impounding and
Forfeiture of
Vehicles)
(Miscellaneous)
Amendment Bill.

 

   5.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Magistrates Court (Special Justices) Amendment Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 4 agreed to.

                          Clause No. 5 read.

                 The Hon. M. C. Parnell moved on page 3, line 1, to leave out “any offence” and insert “an offence (other than an offence in respect of which the maximum penalty includes imprisonment)”.

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

                          Clause No. 5 agreed to.

                          Clause No. 6 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.

 

Magistrates Court
(Special Justices)
Amendment Bill.

    6.

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

 

Postponement
of Business.

   7.

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

 

Postponement
of Business.

   8.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Development (Control of External Painting) Amendment Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 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 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.

 

Development
(Control of
External Painting)
Amendment Bill.

   9.

On the Order of the Day being read for the adjourned debate on the question - That the Spent Convictions (No. 2) 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.

 

Spent Convictions
(No. 2) Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 17 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.

 

 

10.

On the Order of the Day being read for the adjourned debate on the question - That the Building and Construction Industry Security of Payment 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. 3 agreed to.

                          Clause No. 4 read.

                 The Hon. D. W. Ridgway moved on page 4, lines 17 and 18, to leave out the definition and insert “adjudicator means a person who is registered as an adjudicator under Part 3A;”.

                 Question - That the amendment be agreed to - put.

Building and
Construction
Industry Security
of Payment Bill.

 

             Committee divided:

Ayes, 9

The Hon. R. L. Brokenshire

The Hon. J.S.L. Dawkins

The Hon. D.G.E. Hood

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. C. V. Schaefer

The Hon. S. G. Wade

The Hon. D. W. Ridgway (Teller)

 

         So it passed in the negative.

 

Noes, 10

The Hon. A. M. Bressington

The Hon. J. A. Darley

The Hon. B. V. Finnigan

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. P. Holloway

The Hon. M. C. Parnell

The Hon. D. N. Winderlich

The Hon. C. Zollo

The Hon. R. P. Wortley (Teller)

 

 

                 The Hon. D. W. Ridgway moved on page 4, lines 19 and 20, to leave out “authorised by the Minister under section 28 to nominate persons to determine adjudication applications” and insert “who is registered as an authorised nominating authority under Part 3A”.

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

                          Clause No. 4, as otherwise amended, agreed to.

                          Clauses No. 5 and No. 6 agreed to.

                          Clause No. 7 amended and agreed to.

                          Clauses No. 8 to No. 16 agreed to.

                          Clause No. 17 read.

                 The Hon. D. W. Ridgway moved on page 13, lines 36 and 37, to leave out “a person who is eligible to be an adjudicator as referred to in section 18” and insert “an adjudicator whose registration authorises him or her to be an adjudicator in relation to the dispute that is the subject of the application”.

                 Question - That the amendment be agreed to - put.

 

 

             Committee divided:

Ayes, 9

The Hon. R. L. Brokenshire

The Hon. J.S.L. Dawkins

The Hon. D.G.E. Hood 

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. C. V. Schaefer

The Hon. S. G. Wade

The Hon. D. W. Ridgway (Teller)

 

         So it passed in the negative.

 

Noes, 10

The Hon. A. M. Bressington

The Hon. J. A. Darley

The Hon. B. V. Finnigan

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. P. Holloway

The Hon. M. C. Parnell

The Hon. D. N. Winderlich

The Hon. C. Zollo

The Hon. R. P. Wortley (Teller)

 

 

                          Clause No. 17 agreed to.

                          Clauses No. 18 to No. 20 agreed to.

                          Clause No. 21 amended and agreed to.

                          Clauses No. 22 to No. 25 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.

 

 

11.

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

Message No. 134

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Local Government Act 1999 and the City of Adelaide Act 1998, without any amendment.

House of Assembly, 2 December 2009.                                                           J. J. SNELLING, Speaker.

 

Messages from
House of Assembly:
Statutes Amendment
(Council
Allowances) Bill.

 

Message No. 135

                 MR. PRESIDENT - In reply to Message No. 121 from the Legislative Council, the House of Assembly agrees to the time and place appointed by the Legislative Council for holding the Conference.

House of Assembly, 2 December 2009.                                                           J. J. SNELLING, Speaker.

 

Statutes Amendment
(Victims of Crime)
Bill.

12.

At one minute to one 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.

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

        By the President -

                Supplementary Report of the Auditor-General, 2008-2009 - Agency Audit Report and a Matter of Specific Audit Comment, December 2009.

                 Reports, 2008-2009 -

                          Corporation - Walkerville.

                          District Council - Port Pirie.

                          Save the River Murray.

        By the Minister for Mineral Resources Development -

                 Reports, 2008-2009 -

                          Art Gallery of South Australia.

                          Commissioner for Victims’ Rights.

                          Disability Information and Resources Centre Inc.

                          South Australian Office of the Public Advocate.

                          South Australia Police.

                          The South Australian Fire and Emergency Services Commission.

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

                 Reports, 2008-2009 -

                          Children on Anangu Pitjantjatjara Yankunytjatjara (APY) Lands Commission of Inquiry:  A Report into Sexual Abuse.

                          Community Benefit SA.

                          Correctional Services Advisory Council.

                          Dame Roma Mitchell Trust Fund for Children and Young People.

                          Problem Gambling Family Protection Orders Act 2004.

                 Death of Rowan Scott Wheaton - Report on actions taken by the Department for Families and Communities in Response to the Recommendations of the Coroner following the Inquest.

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

                 Commissioner for Consumer Affairs - Report, 2008-2009.

 

Papers.

  14.

The Hon. J. M. Gazzola brought up the Thirty-Second Report, 2008-2009, of the Legislative Review Committee.

Legislative Review
Committee -
Thirty-Second
Report, 2008-2009.

 

15.

The Hon. J. M. Gazzola brought up the Report, 2008-2009, of the Aboriginal Lands Parliamentary Standing Committee.

                 Ordered - That the Report be printed.  (Paper No. 280)

 

Aboriginal Lands
Parliamentary
Standing
Committee -
Report, 2008-2009.

 

16.

The Minister for Mineral Resources Development, by leave, without notice, moved - That the sitting of the Council be not suspended during the continuation of the Conference on the Statutes Amendment (Victims of Crime) Bill.

                 Question put and passed.

 

Statutes Amendment
(Victims of Crime)
Bill.

  17.

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 Football and Cricket at Adelaide Oval.

 

Ministerial
Statement Tabled.

18.

In accordance with Standing Orders, the President called on Members to make Statements on Matters of Interest.

 

Statements on
Matters of Interest.

19.

The Hon. D. N. Winderlich, pursuant to notice, moved - That this Council -

               I.      Notes with concern the University of Adelaide’s plans to destroy the historic Union Hall building on its North Terrace campus;

             II.      Acknowledges the significant community support behind the retention and utilisation of Union Hall for its artistic, cultural and historical value;

            III.      Acknowledges the importance of Union Hall as an historical demonstration of the architectural influence of prominent South Australian, Louis Laybourne Smith; and

            IV.      Recommends that the South Australian Heritage Council protect Union Hall by adding it to the Register of State Heritage Places.

                 Debate ensued.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday, 13 January 2010.

 

University of
Adelaide
Union Hall -
Motion re.

20.

The Hon. I. K. Hunter, pursuant to notice, moved - That the Interim Report of the Select Committee on Collection of Property Taxes by State and Local Government, Including Sewerage Charges by SA Water, be noted.

                 Debate ensued.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday, 13 January 2010.

 

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

21.

Ordered - That Notice of Motion (Private Business) No. 9 be postponed and taken into consideration after Notice of Motion (Private Business) No. 10.

 

Postponement
of Business.

22.

The Hon. M. C. Parnell, pursuant to notice, moved - That the Report of the Select Committee on SA Water, be noted.

                 Debate ensued.

                 On motion of the Hon. B. V. Finnigan, the debate was adjourned until Wednesday, 13 January 2010.

 

Select Committee
on SA Water -
Report be noted -
Motion re.

 

23.

The Hon. B. V. Finnigan, pursuant to notice, moved - That the Interim Report of the Select Committee on Allegedly Unlawful Practices Raised in the Auditor-General’s Report, 2003-2004, be noted.

                 Debate ensued.

                 And the Hon. R. I. Lucas, having sought leave to conclude his remarks:

                 Leave denied.

                 Debate resumed.

                 On motion of the Hon. I. K. Hunter, the debate was adjourned until Wednesday, 13 January 2010.

 

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

24.

At six minutes past 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.

 

25.

The Hon. M. C. Parnell, pursuant to notice, moved - That the Report of the Select Committee on Tax-Payer Funded Government Advertising Campaigns, be noted.

                 Debate ensued.

                 On motion of the Hon. I. K. Hunter, the debate was adjourned until Wednesday, 13 January 2010.

 

Select Committee on
Tax-Payer Funded
Government
Advertising
Campaigns -
Report be noted -
Motion re.

26.

The Hon. D. W. Ridgway, pursuant to notice, moved - That the Report of the Select Committee on Staffing, Resourcing and Efficiency of South Australia Police, be noted.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday, 13 January 2010.

 

Select Committee on
Staffing, Resourcing
and Efficiency of
South Australia
Police -
Report be noted -
Motion re.

27.

The Hon. R. L. Brokenshire, pursuant to notice, moved - That the Report of the Select Committee on Taxi Industry in South Australia, be noted.

                 Debate ensued.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday, 13 January 2010.

 

Select Committee on
Taxi Industry in
South Australia -
Report be noted -
Motion re.

 

28.

The Hon. T. J. Stephens, pursuant to notice, moved - That the Interim Report of the Select Committee on Certain Matters Relating to Horse Racing in South Australia, be noted.

                 Debate ensued.

                 On motion of the Hon. B. V. Finnigan, the debate was adjourned until Wednesday, 13 January 2010.

 

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

 

29.

The Hon. C. Zollo, pursuant to notice, moved - That the Report of the Statutory Authorities Review Committee on its Inquiry into the Office of the Public Trustee, be noted.

                 Debate ensued.

                 On motion of the Hon. I. K. Hunter, the debate was adjourned until Wednesday, 13 January 2010.

 

Statutory Authorities
Review Committee -
Report on Inquiry
into Office of the
Public Trustee
be noted -
Motion re.

 

30.

The Hon. R. P. Wortley, pursuant to notice, moved - That the Final Report of the Environment, Resources and Development Committee on its Inquiry into Public Transport, be noted.

                 Debate ensued.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday, 13 January 2010.

 

Environment,
Resources and
Development
Committee - Report
on Inquiry into
Public Transport,
be noted -
Motion re.

 

31.

The Hon. M. C. Parnell, by leave, moved Notice of Motion (Private Business) No. 17 in an amended form, viz.: That this Council -

               I.      Notes with alarm the death of 13 horses in the 2009 jumps racing season in South Australia and Victoria and 27 deaths over the last two years;

             II.      Notes that in 2009, one in 20 jumps horses were killed and that jumps racing kills horses at 20 times the rate of flat racing;

            III.      Congratulates Racing Victoria for its decision to ban jumps racing from the end of 2010;

            IV.      Notes that South Australia will soon be the only place in Australia where this cruel and inhumane sport is permitted;

             V.      Calls on Thoroughbred Racing SA to follow the lead of Racing Victoria and ban jumps racing; and

            VI.      Calls on the State Government to introduce legislation to ban jumps racing in the event that Thoroughbred Racing SA fails to act.

                 On motion of the Hon. J.S.L. Dawkins, the debate was adjourned until Wednesday, 13 January 2010.

 

Jumps Racing -
Motion re.

32.

The Hon. R. L. Brokenshire, pursuant to notice, moved - That Regulations under the Firearms Act 1977 concerning Prescribed Firearms, made on 1 October 2009 and laid on the Table of this Council on 13 October 2009, be disallowed.

                 Debate ensued.

                 During debate, the Hon. R. L. Brokenshire tabled a copy of draft Regulations under the Firearms Act 1977.

                 Question - That the motion be agreed to - put.

Firearms Act -
Regulations -
Prescribed
Firearms -
Motion for
Disallowance of.

 

             Council divided:

Ayes, 11

The Hon. J. A. Darley

The Hon. J.S.L. Dawkins

The Hon. D.G.E. Hood 

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. S. G. Wade

The Hon. R. L. Brokenshire  (Teller)

         So it was resolved in the affirmative.

 

Noes, 9

The Hon. A. M. Bressington

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. P. Holloway

The Hon. I. K. Hunter

The Hon. M. C. Parnell

The Hon. R. P. Wortley

The Hon. C. Zollo

The Hon. B. V. Finnigan (Teller)

 

 

                 Motion agreed to.

 

 

33.

The Hon. D.G.E. Hood, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Controlled Substances Act 1984.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. D.G.E. Hood then moved - That the Bill be now read a second time.

                 On motion of the Hon. I. K. Hunter, the debate was adjourned until Wednesday, 13 January 2010.

 

Controlled
Substances (Simple
Possession Offences)
Amendment Bill.

34.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Building and Construction Industry Security of Payment Bill.

 

In the Committee

 

                          Clause No. 26 further considered, amended and agreed to.

                          New Clause No. 26A inserted.

                          Clauses No. 27 and No. 28 agreed to.

                          Clause No. 29 amended and agreed to.

                          Clauses No. 30 to No. 35 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 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.

 

Building and
Construction
Industry Security of
Payment Bill.

35.

The Hon. S. G. Wade, according to order, moved - That the Bail (Arson) Amendment Bill be now read a second time.

                 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.

                 Debate ensued.

_____________________

 

And it being twelve of the clock:

THURSDAY 3 DECEMBER 2009

_____________________

 

                 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. 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 without amendment; whereupon the Council adopted such report.

                 Question put and passed.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

Bail (Arson)
Amendment Bill.

36.

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

 

Postponement
of Business.

37.

Ordered - That the Council, at its rising, do adjourn until tomorrow at eleven o’clock a.m.

 

Next Day of Sitting.

38.

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

Message No. 136

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Natural Resource Management Act 2004 and to repeal the Trade Measurement Act 1993 and the Trade Measurement Administration Act 1993, without any amendment.

House of Assembly, 2 December 2009.                                                           J. J. SNELLING, Speaker.

 

Message from
House of Assembly:
Statutes Amendment
and Repeal (Trade
Measurement) Bill.

39.

Council adjourned at ten minutes past midnight 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