SOUTH AUSTRALIA]

No. 80

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY  3  JUNE  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. 10.

                 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. 4 of 2003 - An Act to amend the Conveyancers Act 1994, the Land and Business (Sale and Conveyancing) Act 1994 and the Local Government Act 1934; and to repeal the Advances to Settlers Act 1930, the Emergency Powers Act 1941, the Loans for Fencing and Water Piping Act 1938, the Loans to Producers Act 1927 and the Student Hostels (Advances) Act 1961.

                 No. 5 of 2003 - An Act to amend the Gaming Machines Act 1992.

Government House, Adelaide, 3 June 2003.                    MARJORIE JACKSON-NELSON, Governor.

 

Message from
Governor:
Assent to Bills.

 

   3.

The Minister for Agriculture, Food and Fisheries (The Hon. P. Holloway) tabled a Ministerial Statement made by the Premier (The Hon. M. D. Rann, M.P.) concerning the South Australian Government’s Fight Against the Commonwealth Establishing a Nuclear Waste Dump.

 

Paper Tabled.

 

   4.

The Minister for Agriculture, Food and Fisheries tabled a Ministerial Statement made by the Minister for Education and Children’s Services (The Hon. P. L. White, M.P.) concerning Futures Connect.

 

Paper Tabled.

 

   5.

The Minister for Aboriginal Affairs and Reconciliation tabled a Ministerial Statement made by the Minister for Environment and Conservation (The Hon. J. D. Hill, M.P.) concerning Dying River Red Gums.

 

Paper Tabled.

 

   6.

The Minister for Aboriginal Affairs and Reconciliation, without notice, moved - That the Standing Orders be so far suspended as to enable Question Time to be extended to enable the Hon. T. G. Cameron to complete his question to the Minister and for the Minister to give his reply.

                 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.

 

   7.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 4 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

   8.

Ordered - That Orders of the Day (Government Business) No. 5 to No. 7 be postponed and taken into consideration after Order of the Day (Government Business) No. 8.

 

Postponement
of Business.

   9.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Statutes Amendment (Gas and Electricity) Bill.

 

In the Committee

 

                          Clause No. 1 further considered and agreed to.

                          Clauses No. 2 to No. 63 agreed to.

                          Clause No. 64 read.

                 The Hon. R. I. Lucas moved on page 34, lines 40 and 41, to leave out clause 7 of the proposed schedule and insert:

                          “Expiry of Schedule

                                   7. This Schedule will expire on 30 June 2004.”

                  Question - That the amendment be agreed to - put.

Statutes Amendment
(Gas and Electricity)
Bill.

 

             Committee divided:

Ayes, 10

The Hon. T. G. Cameron

The Hon. J.S.L. Dawkins

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. A. J. Redford

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. T. J. Stephens

The Hon. R. I. Lucas (Teller)

 

      So it passed in the negative.

 

Noes, 11

The Hon. A. L. Evans

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. T. G. Roberts

The Hon. R. K. Sneath

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

 

                          Clause No. 64 agreed to.

                           Clauses No. 65 to No. 78 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 Agriculture, Food and Fisheries, 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.

Ordered - That Orders of the Day (Government Business) No. 5 to No. 7 and No. 9 to No. 14 be postponed and taken into consideration after Notice of Motion (Private Business) No. 1.

 

Postponement
of Business.

11.

The A. L. Evans, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Criminal Law Consolidation Act 1935.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. A. L. Evans then moved - That this Bill be now read a second time.

                 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 second time.

Criminal Law
Consolidation
(Abolition of Time
Limit for Prosecution
of Sexual Offences)
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

 

                          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.

 

 

12.

At one minute to six o’clock the sitting was suspended until the ringing of the bells.

                 At fifteen minutes past eight o’clock the sitting was resumed.

 

Suspension and
Resumption of
Sitting.

13.

Ordered - That Orders of the Day (Government Business) No. 5 to No. 7 and No. 9 to No. 11 be postponed and taken into consideration after Order of the Day (Government Business) No. 12.

 

Postponement
of Business.

14.

On the Order of the Day being read for the adjourned debate on the question - That the Supply Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. C. Zollo, the debate was adjourned until next day of sitting.

 

Supply Bill.

15.

Ordered - That Orders of the Day (Government Business) No. 5 to No. 7, No. 9 to No. 11 and No. 13 be postponed and taken into consideration after Order of the Day (Government Business) No. 14.

 

Postponement
of Business.

16.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (Water Conservation Practices) 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.

 

Statutes Amendment
(Water Conservation
Practices) Bill.

17.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the River Murray Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 8 agreed to.

                          Clause No. 9 read.

                 The Hon. S. M. Kanck moved on page 14, line 8, to leave out “to approve, or”.

                 Question - That the amendment be agreed to.

River Murray Bill.

 

             Committee divided:

Ayes, 12

The Hon. J.S.L. Dawkins

The Hon. I. Gilfillan

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. A. J. Redford

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. S. M. Kanck (Teller)

      So it was resolved in the affirmative.

 

Noes, 8

The Hon. T. G. Cameron

The Hon. A. L. Evans

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. P. Holloway

The Hon. R. K. Sneath

The Hon. C. Zollo

The Hon. T. G. Roberts (Teller)

 

 

 

                          Clause No. 9 as amended and otherwise amended, agreed to.

                          Clauses No. 10 to No. 13 agreed to.

                          Clause No. 14 amended and agreed to.

                          Clauses No. 15 to No. 17 agreed to.

                          Clause No. 18 read.

                 The Minister for Aboriginal Affairs and Reconciliation moved on page 22, line 31, to leave out “must” and insert “should take reasonable steps to”.

                 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.

 

 

18.

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

 

Postponement
of Business.

19.

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

Message No. 113

                 MR. PRESIDENT - The House of Assembly, having considered the recommendations of the Conference on the Statutes Amendment (Road Safety Reforms) Bill, has agreed to the same.

House of Assembly, 2 June 2003.                                                                               I. P. LEWIS, Speaker.

 

Message from
House of Assembly:
Statues Amendment
(Road Safety
Reforms) Bill.

 

20.

Council adjourned at thirteen minutes to eleven 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. D. V. Laidlaw

The Hon. R. D. Lawson

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. C. Zollo

The Hon. N. Xenophon