SOUTH AUSTRALIA]

No. 49

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  4  MAY  2005

 

 

 

   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 following Paper was laid upon the Table, viz.:

        By the Minister for Industry and Trade (The Hon. P. Holloway) on behalf of the Minister for Aboriginal Affairs and Reconciliation (The Hon. T. G. Roberts) -

                 Upper South East Dryland Salinity and Flood Management Act 2002 - Quarterly Report for the period 1 January 2005 to 31 March 2005.

 

Paper.

 

   3.

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

 

Statements on
Matters of Interest.

 

   4.

The Minister for Industry and Trade, pursuant to notice, moved - That ten days’ leave of absence be granted to the Hon. T. G. Roberts on account of illness.

                 Question put and passed.

 

Leave of Absence -
The Hon.
T. G. Roberts.

 

   5.

On the Order of the Day being read for the adjourned debate on the motion of the Minister for Emergency Services - That the Report of the Select Committee on the Status of Fathers in South Australia, be noted:

                 Debate resumed.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday, 25 May 2005.

 

Select Committee
on the Status of
Fathers in South
Australia -
Report to be noted -
Motion re.

 

   6.

The Hon. T. G. Cameron, according to order, moved - That the Constitution (Oath of Allegiance) Amendment Bill be now read a second time.

                 On motion of the Hon. T. J. Stephens, the debate was adjourned until Wednesday, 25 May 2005.

 

Constitution
(Oath of Allegiance)
Amendment Bill.

 

 

    7.

Ordered - separately - That Orders of the Day (Private Business) No. 3 to No. 7 be Orders of the Day for Wednesday, 25 May 2005.

 

Postponement
of Business.

 

    8.

Ordered - That Order of the Day (Private Business) No. 8 be postponed and taken into consideration on motion.

 

Postponement
of Business.

 

    9.

Ordered - That Order of the Day (Private Business) No. 9 be postponed and taken into consideration on motion.

 

Postponement
of Business.

 

  10.

Ordered - That Orders of the Day (Private Business) No. 10 to No. 35 and Orders of the Day (Government Business) No. 1 to No. 10 be postponed and taken into consideration after Order of the Day (Government Business) No. 11.

 

Postponement
of Business.

 

11.

On the Order of the Day being read for the adjourned debate on the question - That the Partnership (Venture Capital Funds) 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. 72 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 Industry and Trade, 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.

 

Partnership
(Venture Capital
Funds)
Amendment Bill.

 

 

12.

Ordered - That the adjourned debate on the question - That the Independent Commission Against Crime and Corruption Bill be now read a second time - be now resumed.

                 Debate resumed.

                 Question put and passed.

                 Bill read a second time.

                 Ordered - That the Bill’s consideration in Committee be an Order of the Day for Wednesday, 25 May 2005.

 

Independent
Commission
Against Crime and
Corruption Bill.

 

 

13.

Ordered - That the adjourned debate on motion of the Hon. G. E. Gago - That the Report of the Environment, Resources and Development Committee on Plastic Bags, be noted - be now resumed.

                 Debate resumed.

                 Question put and passed.

 

Environment,
Resources and
Development
Committee -
Report on Plastic
Bags be noted -
Motion re.

 

 

  14.

Ordered - separately - That Orders of the Day (Private Business) No. 10 to No. 24 be Orders of the Day for Wednesday, 25 May 2005.

 

Postponement
of Business.

 

15.

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

                 Debate resumed.

                 On motion of the Hon. R. K. Sneath, the debate was adjourned until Wednesday, 25 May 2005.

 

Workplace Privacy
Bill.

 

 

  16.

Ordered - separately - That Orders of the Day (Private Business) No. 26 to No. 35 be Orders of the Day for Wednesday, 25 May 2005.

 

Postponement
of Business.

 

17.

The Minister for Industry and Trade, according to order, moved - That the Mining (Royalty) Amendment Bill be now read a second time.

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

 

Mining
(Royalty)
Amendment Bill.

 

 

  18.

Ordered - That Order of the Day (Government Business) No. 2 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

 

  19.

Ordered - That Orders of the Day (Government Business) No. 3 to No. 8 be postponed and taken into consideration after Order of the Day (Government Business) No. 9.

 

Postponement
of Business.

 

20.

On the Order of the Day being read for the adjourned debate on the question - That the Public Sector Management (Chief Executive Accountability) Amendment Bill be now read a second time:

                 Debate resumed.

                 Question put and passed.

                 Bill read a second time.

                 Ordered - That the Bill’s consideration in Committee be an Order of the Day for next day of sitting.

 

Public Sector
Management
(Chief Executive
Accountability)
Amendment Bill.

 

21.

On the Order of the Day being read for the adjourned debate on the question - That the Environment Protection (Miscellaneous) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. T. J. Stephens, the debate was adjourned and ordered to be resumed on motion.

 

Environment
Protection
(Miscellaneous)
Amendment Bill.

 

22.

At two 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.

 

23.

The Minister for Emergency Services, by leave, tabled a copy of a Ministerial Statement made by the Minister for Health (The Hon. L. Stevens, M.P.) concerning Mental Health Services in Mount Gambier.

 

Ministerial
Statement Tabled.

 

24.

Ordered - That the adjourned debate on the question - That the Environment Protection (Miscellaneous) Amendment Bill be now read a second time, be now resumed.

                 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 amended and agreed to.

                          Clauses No. 6 to No. 16 agreed to.

                          Clause No. 17 amended and agreed to.

                          Clauses No. 18 to No. 38 agreed to.

                          Clause No. 39 struck out.

                          New clause No. 39 inserted.

                          Clauses No. 40 to No. 42 agreed to.

                          Clause No. 43 amended and agreed to.

                          Clause No. 44 agreed to.

                          Clause No. 45 amended and agreed to.

                          Clause No. 46 amended and agreed to.

                          Clause No. 47 amended and agreed to.

                          Clause No. 48 amended and agreed to.

                          Clauses No. 49 to No. 51 agreed to.

                          Clause No. 52 struck out.

                          New clause No. 52 inserted.

                          Clause No. 53 amended and agreed to.

                          Clause No. 54 amended and agreed to.

                          Clauses No. 55 to No. 57 agreed to.

                          Clause No. 58 read.

                 Question - That clause No. 58 stand as printed - put.

Environment
Protection
(Miscellaneous)
Amendment Bill.

 

 

             Committee divided:

Ayes, 7

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. R. K. Sneath

The Hon. N. Xenophon

The Hon. C. Zollo (Teller)

      So it was resolved in the affirmative.

 

Noes, 6

The Hon. J.S.L. Dawkins

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. J. F. Stefani

The Hon. T. J. Stephens

The Hon. C. V. Schaefer (Teller)

 

 

 

                          Clause No. 58 agreed to.

                          Clauses No. 59 and No. 60 agreed to.

                          New clause No. 60A inserted.

                          Clauses No. 61 to No. 83 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 with amendments; whereupon the Council adopted such report.

                 The Minister for Emergency Services, 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.

 

 

  25.

Ordered - That Orders of the Day (Government Business) No. 4 to No. 8 and No. 10 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

  26.

Ordered - That Order of the Day (Government Business) No. 12 be postponed and taken into consideration on motion.

 

Postponement
of Business.

  27.

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

 

Postponement
of Business.

  28.

On the Order of the Day being read for the adjourned debate on the question - That the Development (Sustainable Development) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. G. E. Gago, the debate was adjourned until next day of sitting.

 

Development
(Sustainable
Development)
Amendment Bill.

29.

On the Order of the Day being read for the adjourned debate on the question - That the Occupational Health, Safety and Welfare (Safework SA) 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.

 

Occupational Health,
Safety and Welfare
(Safework SA)
Amendment Bill.

30.

Ordered - That Orders of the Day (Government Business) No. 16 to No. 19 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

  31.

Ordered - That the adjourned debate on the question - That the Fire and Emergency Services Bill be now read a second time - be now resumed.

                 Debate resumed.

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

 

Fire and Emergency
Services Bill.

32.

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

Message No. 62

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith entitled an Act to alter the trusts applicable to the Naracoorte Town Square to enable certain works to be undertaken; and for other purposes, to which it desires the concurrence of the Legislative Council.

House of Assembly, 4 May 2005.                                                                                 R. B. SUCH, Speaker.

                 Bill read a first time.

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

 

Message from
House of Assembly:
Naracoorte Town
Square Bill.

33.

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

 

Next Day
 of Sitting.

 

34.

Council adjourned at twenty-eight minutes to ten o’clock until tomorrow 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. 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. C. V. Schaefer

The Hon. R. K. Sneath

The Hon. J. F. Stefani

The Hon. T. J. Stephens

The Hon. N. Xenophon

The Hon. C. Zollo

 

 

 

Member absent on leave - The Hon. T. G. Roberts