SOUTH AUSTRALIA]

No. 50

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

THURSDAY  5  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 Minister for Industry and Trade (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 Order of the Day (Government Business) No. 1 be postponed and taken into consideration on motion.

 

Postponement
of Business.

 

   4.

Ordered - That Orders of the Day (Government Business) No. 2 and No. 3 be postponed and taken into consideration after Order of the Day (Government Business) No. 4.

 

Postponement
of Business.

 

   5.

 

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

 

In the Committee

 

                                   Clause No. 30 further considered.

                          The Hon. N. Xenophon moved on page 15, lines 10 to 14, to leave out proposed subsection (3).

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

                          The Hon. N. Xenophon moved on page 15, after line 33, to insert the following:

“(3a)   However, if the Commissioner becomes aware that an approved crowd controller has, while acting as a crowd controller, been involved in an incident apparently involving unwarranted violence on the part of the crowd controller, the Commissioner must suspend the approval pending determination of the question as to whether the approval should be revoked.”.

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

                                   Clause No. 30 agreed to.

                                   Clauses No. 31 to No. 41 agreed to.

                                   Clause No 42 amended and agreed to.

Statutes Amendment
(Liquor, Gambling
and Security
Industries) Bill.

 

 

                                   Clause No. 43 agreed to.

                                   Clause No. 44 read.

                          The Hon. N. Xenophon moved on page 22, line 40, to leave out “may” and insert “must”.

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

                          The Hon. N. Xenophon moved on page 23, after line 13, to insert the following:

                       “8D—Additional information to be provided by applicant for security agents licence

     An applicant for a security agents licence must also provide the Commissioner with—

      (a)       in the case of a person seeking a licence to perform the functions of a security agent personally—the following:

       (i)       the prescribed information relating to the person's financial affairs;

      (ii)       if the person holds a licence under the Firearms Act 1977—information about why the person holds the licence and whether or not he or she is required to hold the licence in connection with his or her proposed employment as a security agent;

      (iii)      any other information or material prescribed by the regulations; and

      (b)      in the case of a person intending to carry on business as a security agent—the following:

       (i)       the prescribed information relating to the ownership, activities and financial affairs of the business;

      (ii)       if the person holds a licence under the Firearms Act 1977, or, in the case of a body corporate, a director of the body corporate holds such a licence—information about why the licence is held;

      (iii)      any other information or material prescribed by the regulations.”.

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

                                   Clause No. 44 otherwise amended and agreed to.

                                   Clauses No. 45 and No. 46 agreed to.

                          The Hon. N. Xenophon moved on page 23, after line 3, to insert new clause as follows:

             46A—Insertion of section 10A

After section 10 insert:

10A—Principles to which Commissioner must have regard

In considering what qualifications and experience are appropriate having regard to the functions to be authorised by a security agents licence, and in determining conditions to be imposed on the grant of a security agents licence, the Commissioner must have regard to the following principles:

      (a)       a person with less than 1 years experience as a security agent should not be authorised to perform the following functions:

       (i)       driving a motor vehicle for the purpose of ensuring the security of premises at different locations;

      (ii)       escorting staff after hours;

      (iii)      responding to alarms;

      (b)      a person should not be authorised to handle dogs unless the person has satisfactorily completed a dog handling course and has at least 1 years experience as a security agent;

      (c)       a person with less than 2 years experience as a security agent should not be authorised to facilitate the movement of valuable items (including cash).”.

                          Question - That new clause No. 46A, as proposed to be inserted by the Hon. N. Xenophon, be so inserted - put and negatived.

                                   Clauses No. 47 to No. 50 agreed to.

                                   Clause No. 51 read.

                          The Hon. R. D. Lawson moved on page 28, after line 13, to insert the following:

“(2)     The Court must hear and determine an appeal under this section as expeditiously as possible.

(3)     If an appeal under this section is not determined within one month of the commencement of the appeal, the suspension to which the appeal relates will, unless the Court orders otherwise, be stayed until the appeal is finally determined or withdrawn.”.

 

 

 

                          The Minister for Industry and Trade, by leave, tabled a copy of a letter from the Attorney-General (The Hon. M. J. Atkinson, M.P.) to the Hon. R. D. Lawson, dated 18 April 2005.

                          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.

 

Document Tabled.

 

   6.

At 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.

 

   7.

The Minister for Industry and Trade, by leave, moved - That the Legislative Council expresses its deep regret at the recent death of the Hon. D. McKee, former Member of the House of Assembly and Minister for the Crown and places on record its appreciation of his distinguished public service and that, 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. S. M. Kanck, the Hon. T. G. Cameron, the Hon. R. K. Sneath and the President:

                 Motion carried in silence, Members standing in their places.

 

Death of
Hon. D. McKee.

 

   8.

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

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

 

Suspension and
Resumption of
Sitting.

 

   9.

The Clerk announced that the following Petition had been lodged for presentation:

                 By the Hon. S. M. Kanck from 38 residents of South Australia concerning abortions in South Australia.  The Petitioners pray that this Honourable House will do all in its power to ensure that abortions in South Australia continue to be safe, affordable, accessible and legal.

                

Petition:
No. 23 - Abortions
in South Australia.

 

 

  10.

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

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

                 Department of Education and Children’s Services - Report, 2004.

 

Paper.

 

11.

The Minister for Industry and Trade tabled a copy of a Ministerial Statement made by the Minister for Regional Development (The Hon. K. J. Maywald, M.P.) concerning the Regional Development Infrastructure Fund.

 

Ministerial
Statement Tabled.

 

12.

The Minister for Industry and Trade tabled a copy of a Ministerial Statement made by the Minister for Transport (The Hon. P. F. Conlon, M.P.) concerning the Community Road Safety Grants Scheme.

 

Ministerial
Statement Tabled.

 

13.

 

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

 

In the Committee

 

                                   Clause No. 51, which the Hon. R. D. Lawson had moved to amend on page 28, after line 13, by inserting the following:

“(2)   The Court must hear and determine an appeal under this section as expeditiously as possible.

  (3)   If an appeal under this section is not determined within one month of the commencement of the appeal, the suspension to which the appeal relates will, unless the Court orders otherwise, be stayed until the appeal is finally determined or withdrawn.”.

        - further considered.

                 The Hon. R. D. Lawson, by leave, moved to amend his amendment by leaving out “one month” in subclause (3) and inserting “three months”.

                          Question - That new subclause (2), as proposed to be inserted by the Hon. R. D. Lawson, be so inserted - put and passed.

                          Question - That new subclause (3), as proposed to be inserted by the Hon. R. D. Lawson, be so inserted - put.

Statutes Amendment
(Liquor, Gambling
and Security
Industries) Bill.

 

 

             Committee divided:

Ayes, 12

The Hon. T. G. Cameron

The Hon. J.S.L. Dawkins

The Hon. I. Gilfillan

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

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. N. Xenophon

The Hon. R. D. Lawson (Teller)

      So it was resolved in the affirmative.

 

Noes, 5

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. R. K. Sneath

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

 

                                   Clause No. 51, as amended, agreed to.

                                   Clause No. 52 agreed to.

                                   Clause No. 53 amended and agreed to.

                                   Clauses No. 54 to No. 57 agreed to.

                          The Hon. N. Xenophon moved on page 36, after line 42, to insert new clause as follows:

58—Amendment of Schedule 2—Repeal and transitional provisions

Schedule 2—after clause 2 insert:

3—Transitional provisions relating to Statutes Amendment (Liquor, Gambling and Security Industries) Act 2004

      (1)       The Commissioner must, within 2 years after the day on which section 1 of the Statutes Amendment (Liquor, Gambling and Security Industries) Act 2005 comes into operation, by notice in writing, require—

      (a)       each natural person who is on that day the holder of a security agents licence; and

      (b)      each director of a body corporate that is on that day the holder of a security agents licence,

to attend at a specified time and place for the purpose of having his or her fingerprints taken by a police officer.

      (2)       As soon as reasonably practicable after fingerprints have been taken from a person by a police officer pursuant to a requirement under subclause (1), the Commissioner of Police must make available to the Commissioner such information to which the Commissioner of Police has access about the identity, antecedents and criminal history of the person as the Commissioner of Police considers relevant.

      (3)       If a person fails to comply with a notice under subclause (2), the Commissioner may, by notice in writing, require the person to make good the default.

      (4)       If the person fails to comply with the notice within a time fixed by the notice (which may not be less than 28 days after service of the notice), the person's licence is cancelled.

      (5)       A person whose fingerprints have been taken under this clause may, if his or her security agents licence is cancelled or voluntarily surrendered, or if he or she was required to provide the fingerprints because he or she was the director of a body corporate that has since dissolved, apply to the Commissioner of Police to have the fingerprints, and any copies of the fingerprints, destroyed.

      (6)       The Commissioner of Police may grant or refuse the application as the Commissioner of Police sees fit.”.

                          Question - That new clause No. 58, as proposed to be inserted by the Hon. N. Xenophon, be so inserted - put.

 

 

             Committee divided:

Ayes, 12

The Hon. T. G. Cameron

The Hon. J.S.L. Dawkins

The Hon. I. Gilfillan

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. N. Xenophon (Teller)

      So it was resolved in the affirmative.

 

Noes, 5

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. R. K. Sneath

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

 

                                   New clause No. 58 inserted.

                                   Schedule 1 amended and agreed to.

                                   Schedule 2 agreed to.

                                   Schedule 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 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.

 

 

14.

Ordered - That Orders of the Day (Government Business) No. 2, No. 3 and No. 5 to No. 10 be postponed and taken into consideration after Order of the Day (Government Business) No. 11.

 

Postponement
of Business.

15.

On the Order of the Day being read for the adjourned debate on the question - That the Railways (Operation and Access) (Regulator) 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. 5 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.

 

Railways (Operation
and Access)
(Regulator)
Amendment Bill.

16.

The Minister for Emergency Services, according to order, moved - That the Naracoorte Town Square Bill be now read a second time.

                 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.

                 Debate ensued.

                 Question put and passed.

Naracoorte Town
Square Bill.

 

 

                 The President ruled that this Bill was a Hybrid Bill which must be referred to a Select Committee, pursuant to Standing Order No. 268.

President’s Ruling:
Hybrid Bill.

 

                 The Minister for Emergency Services moved - That the Select Committee consist of the Hon. J.S.L. Dawkins, the Hon. I. Gilfillan, the Hon. D. W. Ridgway, the Hon. R. K. Sneath and the mover.

                 Question put and passed.

Select Committee
Appointed.

 

 

                 The Minister for Emergency Services, without notice, moved - That Standing Order No. 389 be so far suspended as to enable the Chairman to have a deliberative vote only.

                 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 Emergency Services moved - That this Council permits the Select Committee to authorise the disclosure or publication, as it thinks fit, of any evidence presented to the Committee prior to such evidence being reported to the Council.

                 Question put and passed.

Suspension of
Standing Orders.

 

 

                 The Minister for Emergency Services, without notice, moved - That Standing Order No. 396 be so far suspended as to enable strangers to be admitted when the Select Committee is examining witnesses unless the Committee otherwise resolves, but they shall be excluded when the Committee is deliberating.

                 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 Emergency Services moved - That the Select Committee have power to send for persons, papers and records, to adjourn from place to place and to report on 23 May 2005.

                 Question put and passed.

 

Suspension of
Standing Orders.

 

17.

Ordered - That Orders of the Day (Government Business) No. 2, No. 3, No. 5 to No. 10 and No. 12 to No. 15 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

18.

On the Order of the Day being read for the adjourned debate on the question - That the Law Reform (Contributory Negligence and Apportionment of Liability) (Proportionate Liability) 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.

 

Law Reform
(Contributory
Negligence and
Apportionment
of Liability)
(Proportionate
Liability)
Amendment Bill.

19.

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

 

Postponement
of Business.

 

20.

Ordered - That the Council, at its rising, do adjourn until Monday, 23 May 2005, at fifteen minutes past two o’clock.

 

Next Day
of Sitting.

 

21.

Council adjourned at two minutes past six o’clock until Monday, 23 May 2005, 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. A. J. Redford

The Hon. K. J. Reynolds

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