SOUTH AUSTRALIA]

No. 9

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  6  JUNE  2007

 

 

 

   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 President laid on the Table the Minutes of Proceedings of the Joint Sitting of the two Houses  held on Wednesday, 6 June 2007, to choose a person to hold the place in the Senate of the Commonwealth rendered vacant by the resignation of Senator Amanda Vanstone, whereat Ms. Mary Josephine Fisher was the person so chosen.

                 Ordered - That the Minutes of Proceedings be printed.  (Paper No. 187A)

 

Senate Vacancy:
Joint Sitting
of the two
Houses -
Minutes.

 

   3.

The Hon. J. M. Gazzola brought up the Third Report, 2007, of the Legislative Review Committee.

Legislative
Review
Committee -
Third Report,
2007.

 

 

    4.

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

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

                 Reports, 2006 -

                          Department of Education and Children’s Services.

                          Senior Secondary Assessment Board of South Australia.

        By the Minister for Environment and Conservation (The Hon. G. E. Gago) -

                 Local Government Association - Workers Compensation Scheme - Report, 2006.

 

Papers.

 

   5.

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

 

Statements on
Matters of Interest.

 

   6.

The Hon. D.G.E. Hood, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Tobacco Products Regulation Act 1984.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. D.G.E. Hood then moved - That this Bill be now read a second time.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday, 20 June 2007.

 

Tobacco Products Regulation (Outdoor Eating Areas) Amendment Bill.

 

   7.

The Hon. D.G.E. Hood, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Passenger Transport Act 1994.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. D.G.E. Hood then moved - That this Bill be now read a second time.

                 On motion of the Hon. R. P. Wortley, the debate was adjourned until Wednesday, 20 June 2007.

 

Passenger Transport
(Disciplinary
Powers)
Amendment Bill.

 

   8.

Ordered - That Notice of Motion (Private Business) No. 3 be postponed and taken into consideration after Notice of Motion (Private Business) No. 4.

 

Postponement
of Business.

 

   9.

The Hon. M. C. Parnell, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Roxby Downs (Indenture Ratification) Act 1982.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. M. C. Parnell then moved - That this Bill be now read a second time.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday, 20 June 2007.

 

Roxby Downs
(Indenture
Ratification)
(Application of Acts)
Amendment Bill.

 

10.

The Hon. S. M. Kanck, pursuant to notice, moved - That she have leave to introduce a Bill for an Act to amend the Environment Protection Act 1993.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. S. M. Kanck then moved - That this Bill be now read a second time.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday, 20 June 2007.

 

Environment
Protection
(Commissioner for
the Environment)
Amendment Bill.

 

11.

Ordered - That Notice of Motion (Private Business) No. 5 be an Order of the Day for Wednesday, 20 June 2007.

 

Postponement
of Business.

 

12.

Ordered - That Order of the Day (Private Business) No. 1 be discharged.

 

Business
Discharged.

 

 

13.

Ordered - separately - That Orders of the Day (Private Business) No. 2 and No. 3 be Orders of the Day for Wednesday, 20 June 2007.

 

Postponement
of Business.

 

14.

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

                 Debate resumed.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday, 20 June 2007.

 

Statutes Amendment
(Gambling
Regulation) Bill.

 

15.

Ordered - That Orders of the Day (Private Business) No. 5 to No. 16 be Orders of the Day for Wednesday, 20 June 2007.

 

Postponement
of Business.

 

16.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Criminal Law Consolidation (Serious Criminal Trespass) Amendment 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 Police, 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.

 

Criminal Law
Consolidation
(Serious Criminal
Trespass)
Amendment Bill.

 

 

17.

Ordered - That Orders of the Day (Private Business) No. 18 to No. 26 be Orders of the Day for Wednesday, 20 June 2007.

 

Postponement
of Business.

 

18.

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.

 

19.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Psychological Practice Bill.

 

In the Committee

 

                          Clause No. 41 further considered and agreed to.

                          Clauses No. 42 to No. 45 agreed to.

                          Clause No. 46 read.

                 The Hon. J.M.A. Lensink moved on page 29, line 26, to leave out “3” and insert “4”.

                 Question - That the amendment be agreed to - put.

Psychological
Practice Bill.

 

 

 

             Committee divided:

Ayes, 10

The Hon. J.S.L. Dawkins

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. M. C. Parnell

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. T. J. Stephens

The Hon. S. G. Wade

The Hon. N. Xenophon

The Hon. J.M.A. Lensink (Teller)

      So it was resolved in the affirmative.

 

Noes, 9

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. S. M. Kanck

The Hon. R. P. Wortley

The Hon. C. Zollo

The Hon. G. E. Gago (Teller)

 

 

 

                          Clause No. 46, as amended and otherwise amended, agreed to.

                          Clauses No. 47 to No. 73 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 Environment and Conservation, 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.

 

 

 

20.

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

 

Postponement
of Business.

 

21.

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

Message No. 8

                 MR. PRESIDENT - The House of Assembly has agreed to the amendments made by the Legislative Council in the Statutes Amendment (Affordable Housing) Bill, without any amendment.

House of Assembly, 6 June 2007.                                                                     J. J. SNELLING, Speaker.

 

Messages from
House of Assembly:
Statutes Amendment
(Affordable
Housing) Bill.

 

 

 

Message No. 9

                 MR. PRESIDENT - The House of Assembly has agreed to the amendments made by the Legislative Council in the Residential Parks Bill, without any amendment.

House of Assembly, 6 June 2007.                                                                     J. J. SNELLING, Speaker.

 

Residential Parks
Bill.

 

 

 

Message No. 10

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Criminal Assets Confiscation Act 2005, to which it desires the concurrence of the Legislative Council.

House of Assembly, 6 June 2007.                                                                     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. J.M.A. Lensink, the debate was adjourned until next day of sitting.

 

Criminal Assets
Confiscation
(Serious Offences)
Amendment Bill.

 

 

 

Message No. 11

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Harbors and Navigation Act 1993, to which it desires the concurrence of the Legislative Council.

House of Assembly, 29 May 2007.                                                                   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. J.M.A. Lensink, the debate was adjourned until next day of sitting.

 

Harbors and Navigation (Australian Builders Plate) Amendment Bill.

 

22.

Council adjourned at seventeen minutes to six o’clock until tomorrow at fifteen minutes past two o’clock.

 

Adjournment.

 

 

_________________________

 

 

 

 

 

 

Members present during any part of the sitting:

 

 

 

 

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. B. V. Finnigan

The Hon. G. E. Gago

The Hon. J. Gazzola

The Hon. D.G.E. Hood

The Hon. P. Holloway

 

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. D. W. Ridgway

 

The Hon. C. V. Schaefer

The Hon. T. J. Stephens

The Hon. S. G. Wade

The Hon. R. P. Wortley

The Hon. N. Xenophon

The Hon. C. Zollo