SOUTH AUSTRALIA]

No. 45

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

THURSDAY  6  MARCH  2008

 

 

 

   1.

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

                 The President read prayers.

 

Meeting of
Council.

 

   2.

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

By the Hon S. M. Kanck from 280 residents of South Australia, concerning water allocations and River Murray environmental flows.  The Petitioners pray that this Honourable House will do all in its power to promote the buy-back of water allocations by State and Federal Governments in order to improve environmental flows and support sustainable agriculture.

 

Petition:
No. 19 - Water
Allocations and
River
Murray
Environmental
Flows.

 

   3.

The Hon. R. P. Wortley brought up the Report of the Natural Resources Committee on the Eyre Peninsula Natural Resource Management Board, 2007-2008.

                

 

Natural Resources
Committee -
Report on the
Eyre Peninsula
Natural Resource
Management Board.

 

 

    4.

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

        By the Minister for Police (The Hon. P. Holloway) -

                 Regulation under the following Act -

                          Construction Industry Long Service Leave Act 1987 - Employer Levy.

        By the Minister for Urban Development and Planning (The Hon. P. Holloway) -

                 Adelaide Hills Council, Alexandrina Council, The Barossa Council, Mount Barker District Council, Onkaparinga (City), Victor Harbor District Council and Yankalilla District Council Development Plans - Commercial Forestry - Development Plan Amendment by the Minister.

                 Corporation of the City of Whyalla - General and Coastal DPA - Development Plan Amendment by the Council.

                 Mount Gambier (City) and Grant District Council Development Plans - Greater Mount Gambier Deferred urban - Development Plan Amendment by the Minister.

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

                 2007 World Police and Fire Games -

                          Report, 2005-2006.

                          Report, 2006-2007.

 

Papers.

   5.

The Minister for Police, by leave, tabled a copy of a Ministerial Statement made by the Minister for Health (The Hon. J. D. Hill, M.P.) concerning the Decline in Prostate Cancer Deaths.

 

Ministerial
Statement Tabled.

 

 

   6.

Ordered - That Orders of the Day (Government Business) No. 1 and No. 2 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

   7.

Ordered - That Orders of the Day (Government Business) No. 3 to No. 7 be postponed and taken into consideration after Order of the Day (Government Business) No. 8.

 

Postponement
of Business.

 

    8.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of Message No. 72 from the House of Assembly relating to the Senior Secondary Assessment Board of South Australia (Review) Amendment Bill.

 

In the Committee

 

                          Resolved - That the amendments be not insisted on.

_____________________

 

                 The President resumed the Chair and reported accordingly; whereupon the Council adopted such report.

 

Senior Secondary
Assessment Board of
South Australia
(Review)
Amendment Bill.

 

 

    9.

On the Order of the Day being read for the adjourned debate on the question - That the Criminal Law Consolidation (Rape and Sexual Offences) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. M. C. Parnell, the debate was adjourned and ordered to be resumed on motion.

 

Criminal Law
Consolidation
(Rape and Sexual
Offences)
Amendment Bill.

 

10.

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

Message No. 77

                 MR. PRESIDENT - The House of Assembly requests that a Conference may be granted to it respecting certain amendments in the Legal Profession Bill.  In the event of a Conference being agreed to, the House of Assembly will be represented by five managers.

House of Assembly, 6 March 2008.                                                                 J. J.  SNELLING, Speaker.

                 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 9.00 a.m. on Tuesday, 11 March 2008, and that the Hon B. V. Finnigan, the Hon. R. D. Lawson, the Hon. S. G. Wade, the Hon. M. C. Parnell and the Minister for Police be the Managers on the part of this Council.

 

Message from
House of Assembly:
Legal Profession Bill.
 

 

11.

Ordered - That the adjourned debate on the question - That the Criminal Law Consolidation (Rape and Sexual Offences) Amendment Bill be now read a second time - be now 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.

 

Criminal Law
Consolidation
(Rape and Sexual
Offences)
Amendment Bill.

 

  12.

On the Order of the Day being read for the adjourned debate on the question - That the Serious and Organised Crime (Control) Bill be now read a second time:

                 Debate resumed.

                 The Hon. S. M. Kanck moved to leave out all words after “That” and insert “the Bill be withdrawn and referred to the Legislative Review Committee for its report and recommendations.”.

                 Question - That the words proposed to be struck out stand part of the question - put.

Serious and
Organised Crime
(Control) Bill.

 

 

             Council divided:

Ayes, 15

The Hon. A. M. Bressington

The Hon. J. A. Darley

The Hon. A. L. Evans

The Hon. B. V. Finnigan

The Hon. J. M. Gazzola

The Hon. D.G.E. Hood

The Hon. I. K. Hunter

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. C. V. Schaefer

The Hon. S. G. Wade

The Hon. R. P. Wortley

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

      So it was resolved in the affirmative.

 

Noes, 2

The Hon. M. C. Parnell

The Hon. S. M. Kanck (Teller)

 

 

 

 

 

                 Bill read a second time.

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

 

 

 

13.

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

 

Postponement
of Business.

 

 

14.

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

Message No. 78

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Bills of Sale Act 1886, the Community Titles Act 1996, the Real Property Act 1886, the Stock Mortgages and Wool Liens Act 1924 and the Strata Titles Act 1988, to which it desires the concurrence of the Legislative Council.

House of Assembly, 6 March 2008.                                                                      J. J. SNELLING, Speaker.

                 Bill read a first time.

                 The Minister for Police then moved - That this Bill be now read a second time.

                 On motion of the Hon. S. G. Wade, the debate was adjourned until next day of sitting.

 

Messages from
House of Assembly:
Statutes
Amendment
(Real Property)
Bill.

 

     

Message No. 79

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to make minor amendments of a statute law revision nature to various Acts, to which it desires the concurrence of the Legislative Council.

House of Assembly, 6 March 2008.                                                                      J. J. SNELLING, Speaker.

                 Bill read a first time.

                 The Minister for Police then moved - That this Bill be now read a second time.

                 On motion of the Hon. S. G. Wade, the debate was adjourned until next day of sitting.

 

Statute Law
Revision Bill.

 

 

                 Message No. 80

                 MR. PRESIDENT - In reply to Message No. 73 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, 6 March 2008.                                                                      J. J. SNELLING, Speaker.

 

Legal Profession
Bill.

 

15.

Ordered - That the Council at its rising do adjourn until Tuesday, 1 April 2008.

 

Next day
of Sitting.

 

 

16.

Council adjourned at six minutes past six o’clock until Tuesday, 1 April 2008, at fifteen minutes past two o’clock.

 

Adjournment.

 

 

_________________________

 

 

 

 

 

 

 

Members present during any part of the sitting:

 

 

 

 

The Hon. A. M. Bressington

The Hon. J. A. Darley

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. B. V. Finnigan

The Hon. J. M. Gazzola

 

The Hon. P. Holloway

The Hon. D.G.E. Hood

The Hon. I. K. Hunter

The Hon. S. M. Kanck

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

 

The Hon. R. I. Lucas

The Hon. M. C. Parnell

The Hon. C. V. Schaefer

The Hon. S. G. Wade

The Hon. R. P. Wortley

The Hon. C. Zollo