SOUTH AUSTRALIA]

No. 24

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

MONDAY  6  DECEMBER  2004

 

 

 

   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 Papers were laid upon the Table, viz.:

        By the President -

                 Reports, 2003-2004 -

                          Auditor-General - Supplementary Report - Agency Audit Reports.

                          Corporations -

                                   Mitcham.

                                   Mount Gambier.

                                   Onkaparinga.

                                   Prospect.

                                   Salisbury.

                                   Unley.

                                   Walkerville.

                          District Councils -

                                   Adelaide Hills.

                                   Ceduna.

                                   Clare and Gilbert Valleys.

                                   Elliston.

                                   Flinders Ranges.

                                   Kangaroo Island.

                                   Karoonda East Murray.

                                   Mount Barker.

                                   Renmark Paringa.

                                   Roxby Downs.

                                   Streaky Bay.

                          Regional Councils -

                                   Light.

                                   Wakefield.

        By the Minister for Aboriginal Affairs and Reconciliation (The Hon. T. G. Roberts) -

                 Native Vegetation Council - Report, 2003-2004.

 

Papers.

 

   3.

The Minister for Industry and Trade (The Hon. P. Holloway) tabled a copy of a Ministerial Statement made by the Attorney-General (The Hon. M. J. Atkinson, M.P.) concerning the
State-wide Indigenous Land Use Agreement Negotiations.

 

Ministerial
Statement Tabled.

 

   4.

The Minister for Industry and Trade tabled a copy of a Ministerial Statement made by the Minister for Transport (The Hon. P. L. White, M.P.) concerning the Alcohol Interlock Scheme.

 

Ministerial
Statement Tabled.

 

   5.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 3 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

   6.

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

 

In the Committee

 

                          Clauses No. 1 to No. 5 agreed to.

                          Clause No. 6 amended and agreed to.

                          Clause No. 7 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.

                 The Minister for Industry and Trade then moved - That this Bill be now read a third time.

                 Question put.

Statutes Amendment
(Misuse of Motor
Vehicles) Bill.

 

 

             Council divided:

Ayes, 16

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. T. G. Roberts

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

The Hon. P. Holloway (Teller)

      So it was resolved in the affirmative.

 

Noes, 4

The Hon. T. G. Cameron

The Hon. I. Gilfillan

The Hon. K. J. Reynolds

The Hon. S. M. Kanck (Teller)

 

 

 

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

 

   7.

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

                 To which the Hon. T. G. Cameron had moved to amend by leaving out all words after “That” and inserting “the Bill be withdrawn and referred to the Social Development Committee for its report and recommendation”.

                 Debate resumed.

                 On motion of the Hon. N. Xenophon, the debate was adjourned until next day of sitting.

 

Statutes Amendment
(Relationships) Bill.

   8.

Ordered - That Order of the Day (Government Business) No. 6 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

   9.

On the Order of the Day being read for the adjourned debate on the question - That the Parliamentary Remuneration (Restoration of Provisions) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. C. Zollo, the debate was adjourned until next day of sitting.

 

Parliamentary
Remuneration
(Restoration of
Provisions)
Amendment Bill.

10.

Ordered - That Order of the Day (Government Business) No. 8 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

11.

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

Message No. 12

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith entitled an Act to amend the Industrial and Employee Relations Act 1994 and the Long Service Leave Act 1987, to which it desires the concurrence of the Legislative Council.

House of Assembly, 25 November 2004.                                                  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:
Industrial Law
Reform (Enterprise
and Economic
Development -
Labour Market
Relations) Bill.

 

 

Message No. 13

                 MR. PRESIDENT - The House of Assembly has agreed to Amendments Nos. 1 to 51 and 53 to 55 made by the Legislative Council in the Medical Practice Bill without any amendment and has disagreed to Amendment No. 52 as indicated by the annexed Schedule. The House of Assembly returns the Bill herewith and desires its reconsideration.

House of Assembly, 25 November 2004.                                                  I. P. LEWIS, Speaker.

 

Medical Practice
Bill.

 

Schedule of the amendment made by the Legislative Council

to which the House of Assembly has disagreed

Amendment No. 52.

         Clause 82, page 44, lines 33 to 41

                 Clause 82delete the clause and substitute:

                         82—Self-incrimination and legal professional privilege

(1)     It is not an excuse for a person to refuse or fail to answer a question or to produce a document or record as required under this Act on the ground that to do so might tend to incriminate the person, or make the person liable to a penalty, or on the ground of legal professional privilege.

(2)     If a person objects to answering a question or to producing a document or record on the ground that the answer, or the document or record, might tend to incriminate the person or make the person liable to a penalty, then—

(a)     in the case of a person who is required to produce a document or record—the fact of production of the document or record (as distinct from the contents of the document or record); or

(b)    in any other case—the information furnished in compliance with the requirement,

         is not admissible in evidence against the person in proceedings (other than proceedings in respect of the making of a false or misleading statement or perjury) in which the person might be found guilty of an offence or liable to a penalty.

(3)     If a person objects to answering a question or to producing a document or record on the ground of legal professional privilege, the answer, or the document or record, will not be admissible in civil or criminal proceedings against the person who would, but for this section, have the benefit of the legal professional privilege.

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

                 Ordered - That the Message be taken into consideration on next day of sitting.

 

 

12.

At six minutes past five o’clock the sitting was suspended until the ringing of the bells.

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

 

Suspension and
Resumption of
Sitting.

13.

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

Message No. 14

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith entitled an Act to amend the Controlled Substances Act 1984, to which it desires the concurrence of the Legislative Council.

House of Assembly, 25 November 2004.                                                  I. P. LEWIS, Speaker.

                 Bill read a first time.

                 The Minister for Aboriginal Affairs and Reconciliation 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.

                 Debate ensued.

                 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.

                          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.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

Message from
House of Assembly:
Controlled
Substances
(Repeal of Sunset
Provision)
Amendment Bill.

 

14.

Council adjourned at twenty minutes past five 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. T. G. Roberts

 

The Hon. C. V. Schaefer

The Hon. R. K. Sneath

The Hon. J. F. Stefani

The Hon. T. J. Stephens

The Hon. C. Zollo

The Hon. N. Xenophon