SOUTH AUSTRALIA]

No. 65

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  6  JULY  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) -

                 Department of Human Services Review of Financial Management - Stage One Final Report - 31 January 2005.

 

Paper.

 

   3.

The Hon. J. M. Gazzola brought up the Twenty-Third Report, 2004-2005 of the Legislative Review Committee.

Legislative
Review
Committee -
Twenty-Third Report,
2004-2005.

 

 

   4.

The Minister for Industry and Trade laid upon the Table the Report of the Statutory Officers Committee pursuant to section 15I of the Parliamentary Committees Act 1991.

                 Ordered - That the Report be printed. (Paper No. 208)

 

Report of the
Statutory Officers
Committee.

 

   5.

The Minister for Industry and Trade, by leave, without notice, moved - That a Recommendation be made to Her Excellency The Governor to appoint Ms. Kay Mousley to the Office of the South Australian Electoral Commissioner and that a Message be sent to the House of Assembly transmitting this Resolution and requesting its concurrence thereto.

                 Debate ensued.

                 Question put and passed.

 

Office of the South
Australian Electoral
Commissioner -
Recommendation
of Appointment of
Ms. Kay Mousley -
Motion re.

 

   6.

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

 

Statements on
Matters of Interest.

 

    7.

The Hon. R. K. Sneath, by leave, without notice, moved - That the Members of this Council appointed to the Natural Resources Committee have permission to meet during the sitting of the Council this day.

                 Question put and passed.

 

Natural Resources
Committee -
Members to meet
during sitting
of the Council -
Motion re.

 

    8.

Ordered - That Notice of Motion (Private Business) No. 1 be postponed and taken into consideration after Orders of the Day (Government Business).

 

Postponement
of Business.

 

   9.

The Hon. G. E. Gago, pursuant to notice, moved - That the Report of the Social Development Committee on its Inquiry into Multiple Chemical Sensitivity be noted.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday, 14 September 2005.

Report of the Social
Development
Committee on its
Inquiry into Multiple
Chemical Sensitivity
be noted -
Motion re.

 

 

  10.

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

 

Postponement
of Business.

 

11.

The Hon. N. Xenophon, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Gaming Machines Act 1992.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. N. Xenophon then moved - That this Bill be now read a second time.

                 On motion of the Hon. I. Gilfillan, the debate was adjourned until Wednesday, 14 September 2005.

 

Gaming Machines
(Prohibition from
Council Area
following
Referendum)
Amendment Bill.

 

12.

The Hon. I. Gilfillan, pursuant to notice, moved - That this Council respectfully requests the South Australia Government, on behalf of the people of Eyre Peninsula, to make a substantial ex gratia payment to Kevin Warren of Eyreial Ag Services, to offset the expenses incurred providing his three crop duster aircraft to act as water bombers to fight the January bushfires on Lower Eyre Peninsula.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday, 14 September 2005.

 

Ex Gratia Payment to
Kevin Warren of
Eyreial Ag Services -
Motion re.

 

  13.

Order of the Day read for the Report of the Select Committee on Staffing, Resourcing and Efficiency of South Australia Police to be brought up.

                 Ordered - That the time for bringing up the Report be extended to Wednesday, 30 November 2005.

 

Select Committee on
Staffing, Resourcing
and Efficiency of
South Australia
Police.

 

  14.

Order of the Day read for the Report of the Select Committee on Mount Gambier District Health Service to be brought up.

                 Ordered - That the time for bringing up the Report be extended to Wednesday, 30 November 2005.

 

Select Committee on
Mount Gambier
District Health
Service.

 

  15.

Order of the Day read for the Report of the Select Committee on Electricity Industry in South Australia to be brought up.

                 Ordered - That the time for bringing up the Report be extended to Wednesday, 30 November 2005.

 

Select Committee on
Electricity Industry
in South Australia.

 

  16.

Order of the Day read for the Report of the Select Committee on the Role and Adequacy of Government Funded National Broadcasting to be brought up.

                 Ordered - That the time for bringing up the Report be extended to Wednesday, 30 November 2005.

 

Select Committee
on the Role and
Adequacy of
Government Funded
National
Broadcasting.

 

  17.

Order of the Day read for the Report of the Select Committee on the Offices of the Director of Public Prosecutions and the Coroner to be brought up.

                 Ordered - That the time for bringing up the Report be extended to Wednesday, 30 November 2005.

 

Select Committee on
the Offices of the
Director of Public
Prosecutions and
the Coroner.

 

  18.

Order of the Day read for the Report of the Select Committee on Allegedly Unlawful Practices raised in the Auditor-General’s Report 2003-2004 to be brought up.

                 Ordered - That the time for bringing up the Report be extended to Wednesday, 30 November 2005.

 

Select Committee on
Allegedly Unlawful
Practices raised in the
Auditor-General’s
Report, 2003-2004.

 

 

  19.

Order of the Day read for the Report of the Select Committee on Assessment and Treatment Services for People with Mental Health Disorders to be brought up.

                 Ordered - That the time for bringing up the Report be extended to Wednesday, 30 November 2005.

 

Select Committee on
Assessment and
Treatment Services
for People with
Mental Health
Disorders.

 

20.

The Hon. J. M. Gazzola, according to order, moved - That the Corporation of Kangaroo Island
By-law No. 5, concerning Dogs, made on 13 April 2005 and laid on the Table of this Council on 5 May 2005, be disallowed.

                 Debate ensued.

                 Question put and passed.

 

Corporation of
Kangaroo Island -
By-law No. 5 - Dogs -
Motion for
disallowance of.

 

21.

Ordered - That Order of the Day (Private Business) No. 9 be discharged.

 

Business Discharged.

 

22.

Ordered - That Order of the Day (Private Business) No. 10 be discharged.

 

Business Discharged.

 

23.

Ordered - separately - That Orders of the Day (Private Business) No. 11 and No. 12 be Orders of the Day for Wednesday, 14 September 2005.

 

Postponement
of Business.

 

24.

Ordered - That Order of the Day (Private Business) No. 13 be postponed and taken into consideration on motion.

 

Postponement
of Business.

 

25.

Ordered - That Order of the Day (Private Business) No. 14 be an Order of the Day for Wednesday, 14 September 2005.

 

Postponement
of Business.

 

26.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. G. E. Gago - That the Report of the Social Development Committee on the Statutes Amendment (Relationships) Bill, be noted:

                 Debate resumed.

                 On motion of the Minister for Emergency Services, the debate was adjourned until Wednesday 14 September 2005.

 

Report of the Social
Development
Committee on the
Statutes Amendment
(Relationships)
Amendment Bill
be noted -
Motion re.

 

 

  27.

Ordered - That Order of the Day (Private Business) No. 16 be postponed and taken into consideration on motion.

 

Postponement
of Business.

 

  28.

Ordered - That Orders of the Day (Private Business) No. 17 to No. 20 be Orders of the Day for Wednesday, 14 September 2005.

 

Postponement
of Business.

 

  29.

The Hon. J. M. Gazzola, according to order, moved - That the Regulations under the Superannuation Act 1988, concerning Commutation, made on 13 January 2005 and laid on the Table of this Council on 8 February 2005, be disallowed.

                 Debate ensued.

                 And the Hon. R. I. Lucas having obtained leave to conclude his remarks, the debate was adjourned and ordered to be resumed on motion.

 

Superannuation Act -
Regulations -
Commutation -
Motion for
disallowance of.

 

30.

Ordered - That Orders of the Day (Private Business) No. 22 to No. 24 be Orders of the Day for Wednesday, 14 September 2005.

 

Postponement
of Business.

 

  31.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. R. I. Lucas -

               I.      That a Select Committee be appointed to inquire into all matters relating to the issue of collection of property taxes by State and Local Government, including sewerage charges by SA Water, and in particular -

(a)     concerns about the current level of property taxes and options for moderating their impact and the impact of any future increases;

(b)    concerns about inequities in the land tax collection system, including the impact on investment and the rental market;

(c)     concerns about inequities in the current property valuation system and options to improve the efficiency and accuracy of the valuation process;

(d)    consideration of alternative taxation options to taxes based on property valuations;

(e)     concerns about the current level of council rates and options for moderating their impact and the impact of any future increases; and

(f)     any other related matters.

                 Question put and passed.

Property Taxes -
Motion for Select
Committee on.

 

 

 

 

             II.      That Standing Order No. 389 be so far suspended as to enable the Chairperson of the Committee to have a deliberative vote only.

            III.      That this Council permits the Select Committee to authorise the disclosure or publication, as it sees fit, of any evidence or documents presented to the Committee prior to such evidence being reported to the Council.

            IV.      That Standing Order No. 396 be suspended 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:

                 Debate resumed.

                 Question put and passed.

Standing Orders Suspended.

 

 

 

                 The Hon. R. I. Lucas then moved - That the Select Committee consist of the Hon. J. M. Gazzola, the Hon. G. E. Gago, the Hon. J. F. Stefani, the Hon. N. Xenophon and the mover.

                 Question put and passed.

                 The Hon. R. I. Lucas then moved - That the Select Committee have power to send for persons, papers and records, to adjourn from place to place, and to report on Wednesday, 30 November 2005.

                 Question put and passed.

 

Select Committee Appointed

 

 

  32.

Ordered - separately - That Orders of the Day (Private Business) No. 25 to No. 44 be Orders of the Day for Wednesday, 14 September 2005.

 

Postponement
of Business.

 

  33.

Ordered - That Order of the Day (Private Business) No. 45 be postponed and taken into consideration on motion.

 

Postponement
of Business.

 

  34.

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

Message No. 91

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith entitled an Act to facilitate a special commission of inquiry by conferring evidentiary powers and immunities, to which it desires the concurrence of the Legislative Council.

House of Assembly, 5 July 2005.                                                                               R. B. SUCH, Speaker.

                 Bill read a first time.

                 The Minister for Industry and Trade then moved - That this 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.

                 On motion of the Hon. R. I. Lucas, the debate was adjourned and ordered to be resumed on motion.

 

Message from
House of Assembly:
Special Commission
of Inquiry (Powers
and Immunities) Bill.

 

35.

Ordered - That Order of the Day (Government Business) No. 1 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

 

  36.

Ordered - That Orders of the Day (Government Business) No. 2 to No. 7 be postponed and taken into consideration after Orders of the Day (Government Business) No. 8.

 

Postponement
of Business.

 

  37.

The Minister for Industry and Trade, according to order, moved - That the Trustee Companies (Elders Trustees Limited) Amendment 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.

                 Bill read a second time.

                 Ordered - That the Bill’s consideration in Committee be postponed and taken into consideration on motion.

 

Trustee Companies
(Elders Trustees
Limited)
Amendment Bill.

 

 

 

 

  38.

Ordered - That Orders of the Day (Government Business) No. 2 to No. 6 be postponed and taken into consideration after Order of the Day (Government Business) No. 7.

 

Postponement
of Business.

 

  39.

On the Order of the Day being read for the adjourned debate on the question - That the Citrus Industry Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. D. W. Ridgway, the debate was adjourned and ordered to be resumed on motion.

 

Citrus Industry
Bill.

 

  40.

At seven 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.

 

  41.

The Council, according to order, resolved itself into a Committee of the Whole for the  consideration of the Trustee Companies (Elders Trustees Limited) Amendment Bill.

 

In the Committee

 

                                   Clause No. 1 read.

                          The Minister for Industry and Trade, by leave, tabled a copy of a letter from Mr. Barry Colquist, Supervisor Registration, Office of Consumer and Business Affairs, to Mr. L. J. Clark, General Manager, Elders Securities Ltd., dated 18 July 2004, with attachment.

                                   Clause No. 1 agreed to.

                                   Clauses No. 2 to No. 4 agreed to.

                                   Title agreed to.

____________________

 

                 The President resumed the Chair, and reported that the Committee had further considered the Bill and had agreed to the same without amendment; whereupon the Council adopted such report.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

Trustee Companies
(Elders Trustees
Limited)
Amendment Bill.

 

  42.

Ordered - That the adjourned debate on the question - That the Citrus Industry 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. 19 agreed to.

                                   Clause No. 20 amended and agreed to.

                                   Clause No. 21 amended and agreed to.

                          The Hon. I. Gilfillan moved on page 10, after line 36, to insert new clause as follows:

“21A—Enforcement notices

      (1)       If the Board believes, on reasonable grounds, that a citrus industry participant has contravened a provision of this Part, the Board may serve a written notice on the citrus industry participant requiring the citrus industry participant to take action specified in the notice, within a time specified in the notice (which must be reasonable), to remedy the contravention.

      (2)       A citrus industry participant who contravenes or fails to comply with a notice under this section is guilty of an offence.

Maximum penalty: $2 000 for each day on which the offence is committed.

      (3)       The Board must, if satisfied that a notice should not have been issued under this section, cancel the notice (in which case the notice is taken to be of no effect).

      (4)       A person to whom a notice is directed may, within 1 month after service of the notice, appeal to the Administrative and Disciplinary Division of the District Court against the issuing of the notice.”.

                          Question - That new clause No. 21A, as proposed to be inserted by the Hon. I. Gilfillan, be so inserted - put.

Citrus Industry
Bill.

 

 

             Committee divided:

Ayes, 5

The Hon. A. L. Evans

The Hon. S. M. Kanck

The Hon. K. J. Reynolds

The Hon. N. Xenophon

The Hon. I. Gilfillan (Teller)

 

 

 

 

 

 

 

      So it passed in the negative.

 

Noes, 12

The Hon. J.S.L. Dawkins

The Hon. J. M. Gazzola

The Hon. P. Holloway

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

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. C. Zollo (Teller)

 

 

 

                                   Clauses No. 22 to No. 26 agreed to.

                                   Clause No. 27 amended and 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.

 

 

 

  43.

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

 

Postponement
of Business.

 

44.

On the Order of the Day being read for the adjourned debate on the question - That the Heritage (Heritage Directions) 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. 3 agreed to.

                                   Clause No. 4 read.

                          The Hon. S. M. Kanck moved on page 4, line 14, to leave out “Council” and insert “Authority”.

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

                                   Clause No. 4 agreed to.

                                   Clauses No. 5 to No. 22 agreed to.

                                   Clause No. 23 read.

                          The Hon. S. M. Kanck moved on page 14, lines 8 and 9, to leave out subclause (4) and insert:

                 “(4)  Section 17(2)(b) - delete paragraph (b).”.

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

                                   Clause No. 23 agreed to.

                                   Clauses No. 24 to No. 30 agreed to.

                                   Clause No. 31 amended and agreed to.

                                   Clause No. 32 agreed to.

                                   Clause No. 33 read.

Heritage
(Heritage Directions)
Amendment Bill.

 

 

                          The Hon. C. V. Schaefer moved on page 20, line 7, to leave out “$75 000” and insert “$15 000”.

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

                                   Clause No. 33 agreed to.

                                   Clauses No. 34 to No. 39 agreed to.

                                   Clause No. 40 amended and agreed to.

                                   Clauses No. 41 to No. 55 agreed to.

                                   Schedule read.

                          The Hon. S. M. Kanck moved on page 34, after line 21, to insert the following:

“8A—Insertion of section 104A

After section 104 insert:

104A—Emergency protection—heritage

      (1)       If a council is of the opinion—

      (a)       that a place has sufficient local heritage value to justify its protection under this Act, or that a place should be evaluated in order to determine whether its heritage value justifies its protection under this Act; and

      (b)      that an order under this section is necessary to protect the place,

the council may make an order requiring a person to stop any work or activity, or prohibiting a person from starting any work or activity, that may destroy or reduce the heritage value of that place.

      (2)       An order under subsection (1) takes effect on service of notice of the order on the person and ceases to have effect 12 business days after that service unless confirmed by the Court under this section.

      (3)       If a council makes an order under subsection (1), the council must immediately apply to the Court for an order under this section.

      (4)       On application under subsection (3) the Court may—

      (a)       —

       (i)       confirm the council's order; or

      (ii)       make, in substitution for the council's order, any other order that the Court thinks necessary to protect the place; or

      (iii)      revoke the council's order; and

      (b)      make any consequential or ancillary order.

      (5)       The Court may, on subsequent application under this section, vary or revoke an order that has been made under this section.

      (6)       A council may, at any time, vary or revoke an order that the council has made under this section.

      (7)       A person who contravenes or fails to comply with an order under this section is guilty of an offence.

Maximum penalty: Division 2 fine.”.

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

                                   Schedule otherwise amended and 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.

 

 

 

45.

The Council, according to order, resolved itself into a Committee of the Whole for the  consideration of the Parliamentary Superannuation (Scheme for New Members) Amendment Bill.

 

Parliamentary
Superannuation
(Scheme for New
Members)
Amendment Bill.

 

 

In the Committee

 

                                   Clause No. 4 to which the Hon. R. I. Lucas moved on page 5, after line 5, to insert new subclause as follows:

    “(6a)     Section 5(1), definition of member—after "receipt of salary" insert:

but does not include a non-participating member”.

        - further considered.

                          Question - That the amendment be agreed to - put.

 

 

 

             Committee divided:

Ayes, 9

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. J.M.A. Lensink

The Hon. A. J. Redford

The Hon. D. W. Ridgway

The Hon. J. F. Stefani

The Hon. T. J. Stephens

The Hon. N. Xenophon

The Hon. R. I. Lucas (Teller)

      And so it was resolved in the affirmative.

 

Noes, 6

The Hon. J. M. Gazzola

The Hon. S. M. Kanck

The Hon. K. J. Reynolds

The Hon. R. K. Sneath

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

 

                          The Hon. S. M. Kanck moved - That the Chairperson report progress and ask leave to sit again.

 

 

 

             Committee divided:

Ayes, 4

The Hon. I. Gilfillan

The Hon. K. J. Reynolds

The Hon. N. Xenophon

The Hon. S. M. Kanck (Teller)

 

 

 

 

 

 

 

 

 

 

      So it passed in the negative.

 

Noes, 14

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. J. M. Gazzola

The Hon. P. Holloway

The Hon. R. D. Lawson

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. R. K. Sneath

The Hon. J. F. Stefani

The Hon. T. J. Stephens

The Hon. C. Zollo (Teller)

 

 

 

                          The Hon. N. Xenophon moved on page 5, line 24, to leave out “and 7E” and insert “, 7E and 7F”.

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

                                   Clause No. 4, as amended and otherwise amended, agreed to.

                                   Clauses No. 5 and No. 6 agreed to.

                                   Clause No. 7 amended and agreed to.

                                   Clauses No. 8 to No. 23 agreed to.

                                   Clause No. 24 amended and agreed to.

                                   Clauses No. 25 to No. 47 agreed to.

                                   Clause No. 48 amended and agreed to.

                                   Clause No. 49 agreed to.

                                   Schedule agreed to.

                                   Title agreed to.

____________________

 

                 The President resumed the Chair, and reported that the Committee had further 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.

 

 

 

46.

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

Message No. 92

                 MR. PRESIDENT - The House of Assembly has agreed to Amendments Nos. 1, 3 to 11, 18, 19, 21 to 23 and 26 made by the Legislative Council in the Fire and Emergency Services Bill without any amendment and has disagreed to Amendments Nos. 12, 13, 16, 17, 20 and 24 and disagreed to Amendments Nos. 2, 14, 15 and 25 and has made alternative amendments as indicated in the annexed Schedule in lieu thereof.  The House of Assembly returns the Bill herewith and desires its reconsideration.

House of Assembly, 6 July 2005.                                                                               R. B. SUCH, Speaker.

 

Message from
House of Assembly:
Fire and Emergency
Services Bill.

 

 

 

Schedule of the amendment made by the Legislative Council

to which the House of Assembly has disagreed

 

Amendment No 12—

Clause 14, page 17, line 29—

          Delete "(and voting)"

Amendment No 13—

Clause 14, page 17, line 31—

          Delete subclause (2) and substitute:

                  (2)         5 members of the Board constitute a quorum of the Board.

Amendment No 16—

Clause 14, page 18, line 7—

          Delete "ex officio"

Amendment No 17—

Clause 18, page 20, lines 13 to 23—

           Delete subclause (3) and substitute:

                  (3)      The Advisory Board consists of the following members appointed by the Minister:

                                       (a)   1 member appointed to be the presiding member of the Advisory Board; and

                             (b)     2 members appointed on the nomination of the South Australian Volunteers Fire-Brigade Association; and

                             (c)     2 members appointed on the nomination of S.A.S.E.S. Volunteers' Association Incorporated; and

                                       (d)   1 member appointed on the nomination of the LGA.

Amendment No 20—

Clause 18, page 21, line 13 and 14—

          Delete subclause (10)

Amendment No 24—

Clause 85, page 56, after line 19—

           Insert:            

                    (4)                       If, in the opinion of the Chief Officer, a Minister, agency or instrumentality of the Crown has failed to comply with a preceding subsection, the Chief Officer may refer the matter to the Minister.

                    (5)                       If a matter is referred to the Minister under subsection (4), the Minister must ensure that a written response, setting out the action that the Minister has taken or proposes to take, is provided to the Chief Officer within 28 days after the referral of the matter to the Minister.

                    (6)                       The Minister must—

                             (a)                                                             at the same time as the Minister provides a response under subsection (5)—provide a copy of the initial correspondence from the Chief Officer, and of the Minister's response to the Chief Officer, to any member of the House of Assembly whose electoral district includes any part of the land in question; and

(b)                        (b)                                                             within 3 sitting days after the Minister provides a response under subsection (5)—cause a report on the matter to be provided to both Houses of Parliament.

 

 

 

 

                             Schedule of the Amendments to which the House of Assembly has disagreed

and made Alternative Amendments in lieu thereof

 

Legislative Council’s Amendment

Amendment No 2—

Clause 11, page 15, lines 31 to 36—

          Delete paragraphs (e) and (f) and substitute:

                    (e)    5 members appointed by the Governor of whom—

                                 (i)            2 must be persons appointed on the nomination of the South Australian Volunteer Fire-Brigades Association; and

                                 (ii)           2 must be persons appointed on the nomination of S.A.S.E.S. Volunteers' Association Incorporated; and

                                 (iii)          1 must be a person appointed on the nomination of the LGA.

House of Assembly’s Alternative Amendment

Amendment No 2—

Clause 11, page 15, lines 31 to 36—

           Delete paragraphs (e) and (f) and substitute:

                    (e)      4 members appointed by the Governor of whom—

                                 (i)            1 must be a person appointed on the nomination of the South Australian Volunteer Fire-Brigades Association; and

                                 (ii)           1 must be a person appointed on the nomination of S.A.S.E.S. Volunteers Association Incorporated; and

                                 (iii)          2 must be persons appointed on the nomination of the Minister, each being a person who, in the opinion of the Minister, is qualified for appointment to the board because of his or her knowledge of, or experience in, one or more of the fields of commerce, economics, finance, accounting, law or public administration and each being a person who has suitable volunteer experience as determined under regulations made for the purposes of this provision.

Legislative Council’s Amendment

Amendment No 14—

Clause 14, page 17, line 32—

          Delete "ex officio"

House of Assembly’s Alternative Amendment

Amendment No 14—

Clause 14, page 17, line 34—

          Delete "may exercise a casting vote" and substitute:

                does not have a second or casting vote

Legislative Council’s Amendment

Amendment No 15—

Clause 14, page 17, line 35—

          Delete subclause (4)

House of Assembly’s Alternative Amendment

Amendment No 15—

Clause 14, page 17, line 35—

          Delete "associate" and substitute:

                    Appointed

Legislative Council’s Amendment

Amendment No 25—

New clause, page 63, after line 29—

          Insert:

99A—Fire control measures by owners of land in certain circumstances

(1)     Subject to this section, an owner of land may, if he or she believes on reasonable grounds that it is necessary or appropriate to do so in order to fight a fire that is on, or immediately threatening, the land—

(a)     light another fire (despite any other provision of this Act);

(b)    clear any vegetation (despite any provisions of another Act).

(2)     A person may only act under subsection (1)—

(a)     if he or she is acting with the concurrence of an officer of SACFS; or

(b)    if no officer of SACFS is present or in the immediate vicinity and he or she is acting with the concurrence of a member of SACFS; or

(c)     if no member of SACFS is present or in the immediate vicinity.

(3)     No liability will attach to a member of SACFS, or to the Crown—

(a)     with respect to a decision to concur, or not to concur, with the taking of any action under this section; or

(b)    with respect to the taking of any action by an owner of land under this section.

House of Assembly’s Alternative Amendment

Amendment No 25—

Clause 149, page 82, lines 22 to 25—

          Delete subclause (3) and substitute:

(3)     The review must include—

(a)     an assessment of the extent to which the enactment of this Act has led to improvements in the management and administration of organisations within the emergency services sector and to increased efficiencies and effectiveness in the provision of fire and emergency services within the community; and

(b)    an assessment of the extent to which owners of land, and other persons who are not directly involved in an emergency services organisation, should be able to take action to protect life or property from a fire that is burning out of control,

and may address other matters determined by the Minister, or by the person conducting the review, to be relevant to a review of the operation of this Act.

D. A. BRIDGES, Clerk of the House of Assembly.

 

 

 

 

                 Ordered - That the Message be taken into consideration forthwith.

                 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

 

                 Resolved - That Amendment No. 2 be not insisted on and that the alternative Amendment be agreed to.

                 Resolved - That Amendment No. 14 be not insisted on and that the alternative Amendment be agreed to.

                 Resolved - That Amendment No. 15 be not insisted on and that the alternative Amendment be agreed to.

                 Resolved - That Amendment No. 25 be not insisted on and that the alternative Amendment be agreed to.

                 Resolved - That Amendment No. 12 be not insisted on.

                 Resolved - That Amendment No. 13 be not insisted on.

                 Resolved - That Amendment No. 16 be not insisted on.

                 Resolved - That Amendment No. 17 be not insisted on.

                 Resolved - That Amendment No. 20 be not insisted on.

                 Resolved - That Amendment No. 24 be not insisted on.

____________________

 

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

 

 

 

  47.

Ordered - That the adjourned debate on the question - That the Special Commission of Inquiry (Powers and Immunities) Bill be now read a second time - be now resumed.

                 Debate resumed.

_____________________

 

And it being twelve of the clock:

THURSDAY 7 JULY 2005

_____________________

 

                 Question put and passed.

                 Bill read a second time.

Special Commission
of Inquiry (Powers
and Immunities) Bill.

 

 

                 The Hon. R. D. Lawson moved - That the Standing Orders be so far suspended as to enable him to move an Instruction without notice.

                 Question put and passed, without a dissentient voice, there being present an absolute majority of the whole number of the Members of the Council.

Suspension of
Standing Orders.

 

 

                 The Hon. R. D. Lawson moved - That it be an Instruction to the Committee of the Whole that it have power to insert a Schedule in the Bill in relation to the Terms of Reference of the Inquiry.

                 Question put and passed.

Instruction.

 

 

                 The Hon. S. M. Kanck moved - That the Standing Orders be so far suspended as to enable her to move an Instruction without notice.

                 Question put and passed, without a dissentient voice, there being present an absolute majority of the whole number of the Members of the Council.

Suspension of
Standing Orders.

 

 

                 The Hon. S. M. Kanck moved - That it be an Instruction to the Committee of the Whole that it have power to insert a Schedule in the Bill in relation to the Terms of Reference of the Inquiry.

                 Question put and passed.

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

 

Instruction.

 

48.

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

 

Postponement
of Business.

 

49.

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

Message No. 93

                 MR. PRESIDENT - The House of Assembly has agreed to the amendments made by the Legislative Council in the Ambulance Services (SA Ambulance Service Inc) Amendment Bill without amendment.

House of Assembly, 6 July 2005.                                                                               R. B. SUCH, Speaker.

 

Messages from
House of Assembly:
Ambulance Services
(SA Ambulance
Service Inc)
Amendment Bill.

 

 

 

Message No. 94

                 MR. PRESIDENT - The House of Assembly has agreed to the amendments made by the Legislative Council in the Occupational Health, Safety and Welfare (SafeWork SA) Amendment Bill without amendment.

House of Assembly, 6 July 2005.                                                                               R. B. SUCH, Speaker.

 

Occupational Health,
Safety and Welfare
(SafeWork SA) Bill.

 

 

 

Message No. 95

                 MR. PRESIDENT - The House of Assembly has agreed to the Resolution contained in Message No. 77 from the Legislative Council relating to the appointment of Ms. Kay Mousley to the Office of the South Australian Electoral Commissioner, without any amendment.

House of Assembly, 6 July 2005.                                                                               R. B. SUCH, Speaker.

 

Appointment of
Ms. Kay Mousely
to the Office of the
South Australian
Electoral
Commissioner.

 

 

 

Message No. 96

                 MR. PRESIDENT - The House of Assembly has, in reply to Message No. 72 from the Legislative Council, agreed to grant a Conference on the Correctional Services (Parole) Amendment Bill.  The House of Assembly has named the hour 10.30 a.m. tomorrow to receive the Managers on behalf of the Legislative Council at the Garden Room.

House of Assembly, 6 July 2005.                                                         J. J. SNELLING, Deputy Speaker.

Ordered - That a Message be sent to the House of Assembly agreeing to the time and place appointed by that House for the holding of the Conference.

 

Correctional
Services (Parole)
Amendment Bill.

 

 

 

Message No. 97

                 MR. PRESIDENT - The House of Assembly requests that a Conference may be granted to it respecting certain amendments in the Statutes Amendment and Repeal (Aggravated Offences) Bill.  In the event of a Conference being agreed to, the House of Assembly will be represented by five Managers.

House of Assembly, 6 July 2005.                                                         J. J. SNELLING, Deputy Speaker.

          Ordered - That a Message be sent to the House of Assembly granting a Conference as requested by that House and that the Minister for Industry and Trade, the Hon. J. M. Gazzola, the Hon. I. Gilfillan, the Hon. R. D. Lawson and the Hon. T. J. Stephens be the Managers on the part of the Council.

 

Statutes Amendment
and Repeal
(Aggravated
Offences) Bill.

 

 

50.

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

 

Next Day of Sitting.

 

51.

Council adjourned at eighteen minutes past one o’clock until today at eleven o’clock a.m.

_________________________

 

Adjournment.

 

 

Members present during any part of the sitting:

 

 

 

 

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. 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