SOUTH AUSTRALIA]

No. 41

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY  5  APRIL  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 Minister for Industry and Trade (The Hon. P. Holloway), by leave, moved - That the Legislative Council expresses its sincere regret at the passing of the Pontiff, His Holiness Pope John Paul II, and gives thanks and acknowledges his life and his many good works.  Further, that we acknowledge his courage and the love and compassion that he displayed for all humankind, and, as a mark of respect to his memory, the sitting of the Council be suspended until the ringing of the bells.

                 And being supported by the Hon. R. I. Lucas, the Hon. I. Gilfillan, the Hon. A. L. Evans, the Hon. J. F. Stefani, the Hon. N. Xenophon, the Minister for Emergency Services (The Hon. C. Zollo) and the President:

                 Motion carried in silence, Members standing in their places.

 

Death of
Pope John Paul II.

 

   3.

At two minutes to three o’clock the sitting was suspended until the ringing of the bells.

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

 

Suspension and
Resumption of
Sitting.

 

   4.

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

        By the Minister for Industry and Trade (The Hon. P. Holloway) -

                 Reports -

                          Implementation of “Advancing the Community Together - A Partnership Between the Volunteer Sector and the South Australian Government” - December 2004.

                          Inquiry into Retail Electricity Price Path - March 2005.

                          Section 39 of the Passenger Transport Act 1994 Service Contracts Report.

                          Supreme Court of South Australia, 2004.

                 Regulations under the following Acts -

                          Community Titles Act 1996 - Electronic Applications.

                          Real Property Act 1886 - Electronic Land Division Applications.

                          Sexual Reassignment Act 1988 - Corresponding Laws.

                 Rules of Court -

                          Magistrates Court - Magistrates Court Act 1991 - Facsimile Signatures.

                          Supreme Court - Supreme Court Act 1935 - Single Judge.

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

                 Dog and Cat Management Board - Report, 2003-2004.

Papers.

 

 

                 Regulations under the following Acts -

                          Adoption Act 1988 - Fees.

                          Gaming Machines Act 1992 - Forms and Fees.

                          Liquor Licensing Act 1997 - Long Term Dry Areas - Millicent.

                 Occupational Safety, Rehabilitation and Compensation Committee - Response by Minister for Industrial Relations to Report on Occupational Health, Safety and Welfare (SafeWork SA) Amendment Bill.

        By the Minister for Emergency Services (The Hon. C. Zollo) -

                 Reports, 2003-2004 -

                          Adelaide Hills Wine Industry Fund.

                          Balaklava and Riverton Districts Health Service Inc.

                          Central Northern Adelaide Health Service.

                          Central Yorke Peninsula Hospital Inc.

                          Child and Youth Health.

                          Department of Human Services - Amended Appendix 1: Hospital Activity Statements.

                          Drug and Alcohol Services Council.

                          Langhorne Creek Wine Industry Fund.

                          McLaren Vale Wine Industry Fund.

                          Meningie and Districts Memorial Hospital and Health Services Inc.

                          Quorn Health Services Inc.

                          Riverland Wine Industry Fund.

                          Royal Adelaide Hospital.

                          South Australian Apiary Industry Fund.

                          South Australian Cattle Industry Fund.

                          South Australian Deer Industry Fund.

                          South Australian Dental Service.

                          South Australian Pig Industry Fund.

                          South Australian Sheep Industry Fund.

                          Southern Yorke Peninsula Health Service Inc.

                 Regulation under the following Act -

                          Teachers Registration and Standards Act 2004 - Qualifications.

 

 

 

   5.

The Hon. G. E. Gago brought up the Report of the Environment, Resources and Development Committee on Plastic Bags.

 

Environment,
Resources and
Development
Committee - Report
on Plastic Bags.

 

 

   6.

The Minister for Emergency Services tabled a copy of a Ministerial Statement made by the Minister for Agriculture, Food and Fisheries (The Hon. R. J. McEwen, M.P.) concerning the 2003-2004 Financial Statements for the Department of Primary Industries and Resources SA (PIRSA) being qualified by the Auditor-General.

 

Ministerial
Statement Tabled.

 

   7.

The Minister for Emergency Services having quoted from a document while answering a supplementary question from the Hon. N. Xenophon, The Hon. J.M.A. Lensink called for the document to be tabled.

                 The Hon. R. D. Lawson, without notice, moved - That, pursuant to Standing Order No. 452, the Minister for Emergency Services table the document.

                 Question - put and passed.

                 The Minister for Emergency Services tabled a copy of a document titled: “Attachment 1. Mental Health Achievements 2002-2007 - Budget Commitments - Assumes Approval for Recasting the Mental Health Capital Program” which included two additional attachments.

 

Document Tabled.

 

   8.

The Hon. R. D. Lawson having quoted from a document while asking a question of the Minister for
Industry and Trade, the Hon. R. K. Sneath called for the document to be tabled.

                 The Minister for Industry and Trade, without notice, moved - That, pursuant to Standing Order No. 452, the Hon. R. D. Lawson table the document.

                 Question put and passed.

                 Document tabled.

Document Tabled.

 

 

                 And having his attention drawn to the fact that the document constituted proceedings of the Aboriginal Lands Parliamentary Committee, the President ruled that, pursuant to Standing Order No. 190, the document be not tabled.

 

President’s Ruling -
Document be
not tabled.

 

   9.

Ordered - That Order of the Day (Government Business) No. 1 be postponed and taken into consideration on motion.

 

Postponement
of Business.

 

10.

Ordered - That Orders of the Day (Government Business) No. 2 and No. 3 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

11.

Ordered - That Orders of the Day (Government Business) No. 4 to No. 12 be postponed and taken into consideration after Order of the Day (Government Business) No. 13.

 

Postponement
of Business.

 

12.

On the Order of the Day being read for the adjourned debate on the question - That the Criminal  Assets Confiscation 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.

 

Criminal Assets
Confiscation Bill.

 

13.

Ordered - That Order of the Day (Government Business) No. 4 be postponed and taken into consideration on motion.

 

Postponement
of Business.

 

14.

Ordered - That Orders of the Day (Government Business) No. 5 to No. 12 and No. 14 be postponed and taken into consideration after Order of the Day (Government Business) No. 15.

 

Postponement
of Business.

 

15.

On the Order of the Day being read for the adjourned debate on the question - That the National Electricity (South Australia) (New Electricity Law) 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.

 

National Electricity
(
South Australia)
(New Electricity
Law)
Amendment Bill.

 

16.

 

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Statutes Amendment (Drink Driving) Bill.

 

In the Committee

 

                                   Clause No. 4 further considered and agreed to.

                                   Clauses No. 5 to No. 7 agreed to.

                                   Clause No. 8 amended and agreed to.

                                   Clauses No. 9 to No. 11 agreed to.

                                   Clause No. 12 amended and agreed to.

                                   Clause No. 13 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 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.

 

Statutes Amendment
(Drink Driving) Bill.

 

17.

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

 

Postponement
of Business.

 

18.

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

Message No. 48

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith entitled an Act to amend the Railways (Operations and Access) Act 1997, to which it desires the concurrence of the Legislative Council.

House of Assembly, 10 March 2005.                                                               I. P. LEWIS, Speaker.

                 Bill read a first time.

                 The Minister for Industry and Trade 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.

 

Messages from
House of Assembly:
Railways
(Operations and
Access) (Regulator)
Amendment Bill.

 

 

 

Message No. 49

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith entitled an Act to amend the Primary Produce (Food Safety Schemes) Act 2004, to which it desires the concurrence of the Legislative Council.

House of Assembly, 5 April 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.

 

Primary Produce
(Food Safety
Schemes)
(Miscellaneous)
Amendment Bill.

 

19.

The Minister for Industry and Trade, by leave, tabled a copy of a Ministerial Statement made by the Deputy Premier (The Hon. K. O. Foley, M.P.) concerning the State Rescue Helicopter.

 

Ministerial
Statement Tabled.

 

20.

Council adjourned at thirty 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. 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