SOUTH AUSTRALIA]

No. 55

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

THURSDAY  3  JUNE  2004

 

 

 

   1.

Council met pursuant to adjournment.  The President (The Hon. R. R. Roberts) took the Chair.

                 The President read prayers.

 

Meeting of
Council.

 

   2.

The Minister for Industry, Trade and Regional 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.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 5 be postponed and taken into consideration after Orders of the Day (Government Business) No. 6.

 

Postponement
of Business.

 

   4.

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. S. M. Kanck, the debate was adjourned and ordered to be resumed on motion.

 

Supply Bill.

 

   5.

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

 

Postponement
of Business.

 

   6.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Correctional Services (Parole) Amendment Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 9 agreed to.

                          New clause No. 9A inserted.

                          Clause No. 10 read.

                 The Hon. I. Gilfillan moved on page 6, lines 11 to 23, to leave out the clause and insert new clause as follows:

             “10—Repeal of section 66

          Section 66—delete the section”.

                 To report progress and ask leave to sit again.

_____________________

 

Correctional
Services (Parole)
Amendment Bill.

 

 

                 The President resumed the Chair and reported progress and obtained for the Committee leave to sit again on next day of sitting.

 

 

 

   7.

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

 

Postponement
of Business.

 

   8.

The Council, according to order, resolved itself into a Committee of the Whole for the Natural Resources Management Bill.

 

In the Committee

 

                          Clause No. 45 which the Hon. C. V. Schaefer had moved to amend on page 46, lines 21 and 22, by leaving out subclause (1) and inserting new subclause as follows:

“(1)   A regional NRM board may, by notice in the Gazette, designate an area within its region as an area within which an NRM group will operate.”

        - further considered.

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

                          Clause No. 45, as amended and otherwise amended, agreed to.

                          Clause No. 46 amended and agreed to.

                          Clause No. 47 agreed to.

                          Clause No. 48 read.

                 The Hon. S. M. Kanck moved on page 49, line 8, after “management” to insert
“, conservation or rehabilitation”.

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

                          Clause No. 48 otherwise amended and agreed to.

                          Clause No. 49 amended and agreed to.

                          Clauses No. 50 and No. 51 agreed to.

                          Clause No. 52 amended and agreed to.

                          Clauses No. 53 to No. 56 agreed to.

                          Clause No. 57 amended and agreed to.

                          Clauses No. 58 to No. 68 agreed to.

                          Clause No. 69 read.

                 The Hon. C. V. Schaefer moved on page 58, lines 4 to 9, to leave out paragraph (b) and insert new paragraph as follows:

“(b)   the authorised officer is acting under the authority of a warrant issued by a magistrate.”.

                 The Minister for Aboriginal Affairs and Reconciliation moved on page 58, lines 6 to 9, to leave out subparagraphs (ii) and (iii) and insert new subparagraph as follows:

“(ii)   is acting in a case where the authorised officer believes, on reasonable grounds, that a Category 1 or Category 2 animal may be present on the premises.”.

                 Question -That all words in paragraph (b) down to and including subparagraph (i) stand as printed - put and passed.

                 Question - That the amendment moved by the Minister for Aboriginal Affairs and Reconciliation, be agreed to - put and passed.

                          Clause No. 69, as amended and otherwise amended, agreed to - put and passed.

                          Clause No. 70 agreed to.

                          Clause No. 71 amended and agreed to.

                          Clauses No. 72 to No. 74 agreed to.

                          Clause No. 75 read.

                 The Hon. C. V. Schaefer moved on page 65, lines 14 to 21, to leave out paragraph (f) and insert new paragraphs as follows:

     “(f)      identify any policies reflected in a Development Plan under the Development Act 1993 that applies within its region that should, in the opinion of the board, be reviewed under that Act in order to promote the objects of this Act or to improve the relationship between the policies in the Development Plan and the policies reflected in the board's plan; and

     (fa)      identify the changes (if any) considered by the board to be necessary or desirable to any other statutory instrument, plan or policy (including subordinate legislation) to promote the objects of this Act and, insofar as the plan may apply within a part of the Murray-Darling Basin, the objects of the River Murray Act 2003 and the Objectives for a Healthy River Murray under that Act;”.

Natural Resources
Management Bill.

 

 

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

                          Clause No. 75 otherwise amended and agreed to.

                          Clause No. 76 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.

 

 

 

   9.

At four minutes 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.

 

  10.

Answers to Questions on Notice Nos. 73 to 86 received this day were tabled by the President who directed that they be distributed and printed in Hansard.

 

Answers to
Questions
on Notice.

 

11.

The following Paper was laid upon the Table, viz.:

        By the Minister for Aboriginal Affairs and Reconciliation

        (The Hon. T. G. Roberts) -

                 Rules -

                          Authorised Betting Operations Act - Bookmakers Licensing - Responsible Gambling.

 

Paper.

 

12.

The Minister for Industry, Trade and Regional Development (The Hon. P. Holloway) tabled a copy of a Ministerial Statement made by the Premier (The Hon. M. D. Rann, M.P.) concerning the Sixtieth Commemoration of D-Day.

 

Ministerial
Statement Tabled.

 

13.

The Minister for Industry, Trade and Regional Development tabled a copy of a Ministerial Statement made by the Deputy Premier (The Hon. K. O. Foley, M.P.) concerning the Child Exploitation Investigation Section of South Australia Police.

 

Ministerial
Statement Tabled.

 

14.

Ordered - That the adjourned debate on the question - That the Supply Bill be now read a second time - be now 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.

                          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 Industry, Trade and Regional 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.

 

Supply Bill.

 

  15.

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

Message No. 82

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith entitled an Act to amend the Debits Tax Act 1994, the Pay-roll Tax Act 1971 and the Stamp Duties Act 1923, to which it desires the concurrence of the Legislative Council.

House of Assembly, 2 June 2004.                                                        I. P. LEWIS, Speaker.

                 Bill read a first time.

                 The Minister for Industry, Trade and Regional Development then moved - That this Bill be now read a second time.

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

 

Message from
House of Assembly:
Statutes
Amendment
(Budget 2004) Bill.

 

 

  16.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Natural Resources Management Bill.

 

In the Committee

 

                          Clause No. 76 further considered, amended and agreed to.

                          Clauses No. 77 and No. 78 agreed to.

                          Clause No. 79 amended and agreed to.

                          Clause No. 80 agreed to.

                          Clause No. 81 amended and agreed to.

                          Clauses No. 82 to No. 88 agreed to.

                          Clause No. 89 amended and agreed to.

                          Clauses No. 90 to No. 95 agreed to.

                          Clause No. 96 read.

                 The Hon. C. V. Schaefer moved on page 81, line 20, to delete “A” and insert “Subject to this section, a” and on page 81, after line 35, to insert new subclauses as follows:

“(5)      Any amount that a council is entitled to received under subsection (1) must be reduced by the APC amount (if any) for the relevant financial year (and if the APC amount for that financial year exceeds the amount that the council would otherwise be entitled to received under subsection (1) then no payment will be made to the council under this section for that financial year).

 (6)       For the purposes of subsection (5), the APC amount is the amount (if any) that applies to the council under section 36(4) of the Animal and Plant Control (Agricultural Protection and Other Purposes) Act 1986 with respect to the 2003/2004 financial year (as the relevant scheme under that Act continues by virtue of the operation of clause 55 of Schedule 4 of this Act and as that amount is determined in respect of 2004 under that scheme), adjusted on an annual basis (to the nearest multiple of $1 000) in order to reflect changes in the general rate revenue for the relevant council between 2003/2004 and the financial year in relation to which the entitlement of a council under this section is being determined (the relevant financial year under subsection (5)).

 (7)       Subsections (5) and (6) will apply from the commencement of the 2005/2006 financial year.”.

                 Question - That the amendments be agreed to - put.

Natural Resources
Management Bill.

 

 

             Committee divided:

Ayes, 9

The Hon. J.S.L. Dawkins

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. D. W. Ridgway

The Hon. J. F. Stefani

The Hon. T. J. Stephens

The Hon. N. Xenophon

The Hon. C. V. Schaefer (Teller)

 

Noes, 9

The Hon. A. L. Evans

The Hon. J. M. Gazzola

The Hon. I. Gilfillan

The Hon. P. Holloway

The Hon. S. M. Kanck

The Hon. K. J. Reynolds

The Hon. R. K. Sneath

The Hon. C. Zollo

The Hon. T. G. Roberts (Teller)

 

 

        And there being an equality of votes, the Chairperson gave his casting vote to the Noes.

                          Clause No. 96 agreed to.

                          Clause No. 97 amended and agreed to.

                          Clauses No. 98 to No. 100 agreed to.

                          Clause No. 101 amended and agreed to.

                          Clause No. 102 read.

                 The Hon. C. V. Schaefer moved on page 86, lines 6 to 9, to leave out subclause (1) and insert new subclause as follows:

                 “(1)  This section applies in relation to all water (holding) allocations under this Act.”

        And on page 86, lines 10 and 11, to leave out “If this section applies in relation to a water (holding) allocation the following provisions apply” and insert “The following provisions apply in relation to a water (holding) allocation” and on page 87, lines 1 and 2, to leave out subclause (7).

                 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.

 

 

17.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment and Repeal (Aggravated Offences) 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.

 

Statutes
Amendment
and Repeal
(Aggravated
Offences) Bill.

18.

Ordered - That Order of the Day (Government Business) No. 7 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 Pitjantjatjara Land Rights (Regulated Substances) Amendment 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.

 

Pitjantjatjara
Land Rights
(Regulated
Substances)
Amendment Bill.

20.

Ordered - That Orders of the Day (Government Business) No. 9 to No. 11 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

21.

Ordered - That the Council, at its rising, do adjourn until Thursday, 24 June 2004, at eleven o’clock a.m.

 

Next Day
of Sitting.

22.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (Co-managed Parks) 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
(Co-managed Parks)
Bill.

23.

Ordered - That Order of the Day (Government Business) No. 13 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

24.

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

Message No. 83

                 MR. PRESIDENT - In reply to Message No. 69 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, 3 June 2004.                                                        I. P. LEWIS, Speaker.

 

Messages from
House of Assembly:
Statutes
Amendment
(Intervention
Programs and
Sentencing
Procedures) Bill.

 

 

Message No. 84

                 MR. PRESIDENT - The House of Assembly requests that a Conference be granted to it respecting certain amendments in the Health and Community Services Complaints Bill.  In the event of a Conference being agreed to, the House of Assembly will be represented by five Managers.

House of Assembly, 3 June 2004.                                                        I. P. LEWIS, Speaker.

                 Ordered - That the Message be taken into consideration on next day of sitting.

 

Health and
Community Services
Complaints Bill.

 

  25.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Natural Resources Management Bill.

 

In the Committee

 

                          Clause No. 102 which the Hon. C. V. Schaefer had moved to amend on page 86, lines 6 to 9, by leaving out subclause (1) and inserting new subclause as follows:

                 “(1)  This section applies in relation to all water (holding) allocations under this Act.”

        And on page 86, lines 10 and 11, by leaving out “If this section applies in relation to a water (holding) allocation the following provisions apply” and inserting “The following provisions apply in relation to a water (holding) allocation” and on page 87, lines 1 and 2, by leaving out subclause (7).

        -  further considered.

                 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.

 

Natural Resources
Management Bill.

26.

The Minister for Aboriginal Affairs and Reconciliation, without notice, moved - That the Standing Orders be so far suspended as to enable him to move - That the Order made this day for the consideration of Message No. 84 from the House of Assembly relating to the Health and Community Services Bill to be an Order of the Day for next day of sitting be discharged and for the Message to be taken into consideration forthwith.

                 Question put and passed, without a dissentient voice, there being present an absolute majority of the whole number of Members of the Council.

                 The Minister for Aboriginal Affairs and Reconciliation then moved - That the Order made this day for the consideration of Message No. 84 from the House of Assembly relating to the Health and Community Services Bill to be an Order of the Day for next day of sitting be discharged and for the Message to be taken into consideration forthwith.

                 Question put and passed.

                 Ordered - That a Message be sent to the House of Assembly granting a Conference as requested by that House; and that the time and place for holding the same be the Plaza Room on the first floor of the Legislative Council at the hour of 9.30 a.m. on Tuesday, 8 June 2004, and that the Hon. S. M. Kanck, the Hon. J.M.A. Lensink, the Hon. A. J. Redford, the Hon. N. Xenophon and the Hon. C. Zollo be the Managers on the part of this Council.

 

Suspension of Standing Orders.

 

 

Health and Community Services Complaints Bill.

 

 

  27.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Natural Resources Management Bill.

 

In the Committee

 

                          Clause No. 102 which the Hon. C. V. Schaefer had moved to amend on page 86, lines 6 to 9, by leaving out subclause (1) and inserting new subclause as follows:

                 “(1)  This section applies in relation to all water (holding) allocations under this Act.”

        And on page 86, lines 10 and 11, by leaving out “If this section applies in relation to a water (holding) allocation the following provisions apply” and inserting “The following provisions apply in relation to a water (holding) allocation” and on page 87, lines 1 and 2, by leaving out subclause (7).

        -  further considered.

                 Question - That the amendments moved by the Hon. C. V. Schaefer be agreed to - put.

Natural Resources
Management Bill.

 

             Committee divided:

Ayes, 7

The Hon. J.S.L. Dawkins

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. D. W. Ridgway

The Hon. J. F. Stefani

The Hon. T. J. Stephens

The Hon. C. V. Schaefer (Teller)

 

        So it passed in the negative.

 

Noes, 8

The Hon. A. L. Evans

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. I. Gilfillan

The Hon. R. K. Sneath

The Hon. Xenophon

The Hon. C. Zollo

The Hon. T. G. Roberts (Teller)

 

 

                          Clause No. 102 otherwise amended and agreed to.

                          Clauses No. 103 to No. 107 agreed to.

                          Clause No. 108 read.

                 The Hon. C. V. Schaefer moved on page 93, line 6, to leave out “Treasurer” and insert “Auditor-General”.

                 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.

 

 

28.

The Minister for Industry, Trade and Regional Development tabled a copy of a Ministerial Statement made by the Minister for Transport (The Hon. P. L. White, M.P.) concerning Railway Emergency Procedures.

 

Ministerial
Statement Tabled.

29.

The Minister for Industry, Trade and Regional Development tabled a copy of a Ministerial Statement made by the Minister for Transport concerning the Hills Face Zone.

 

Ministerial
Statement Tabled.

30.

The Minister for Industry, Trade and Regional Development tabled a copy of a Ministerial Statement made by the Minister for Families and Communities (The Hon. J. Weatherill, M.P.) concerning the State’s First Guardian for Children and Young People.

 

Ministerial
Statement Tabled.

31.

The Minister for Industry, Trade and Regional Development tabled a copy of a Ministerial Statement made by the Minister for Environment and Conservation (The Hon. J. D. Hill M.P.) concerning Forestry in the South East.

 

Ministerial
Statement Tabled.

32.

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

Message No. 85

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith entitled an Act to amend the Criminal Law Consolidation Act 1935, to which it desires the concurrence of the Legislative Council.

House of Assembly, 3 June 2004.                                                        I. P. LEWIS, Speaker.

                 Bill read a first time.

                 Ordered - That the second reading be an Order of the Day for next day of sitting.

 

Messages from
House of Assembly:
Criminal Law
Consolidation
(Abolition of the
Drunk’s Defence)
Amendment Bill.

 

 

Message No. 86

                 MR. PRESIDENT - In reply to Message No. 72 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, 3 June 2004.                                                        I. P. LEWIS, Speaker.

 

Health and Community Services Complaints Bill.

 

 

33.

Council adjourned at seven minutes past six o’clock until Thursday, 24 June 2004, at eleven o’clock a.m.

 

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. C. Zollo

The Hon. N. Xenophon