SOUTH AUSTRALIA]

No. 10

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

THURSDAY  7  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 Minister for Environment and Conservation, by leave, tabled a copy of a Ministerial Statement made by the Minister for Health (The Hon. J. Hill, M.P.) concerning a Report by
Mr. Stephen Walsh, Q.C.

 

Ministerial
Statement Tabled.

    3.

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

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

                Budget Overview 2007-2008 Budget Paper No. 1.

                Budget Speech 2007-2008 Budget Paper No. 2.

                Budget Statement - 2007-2008 Budget Paper No. 3.

                Portfolio Statements -Volume 1 -2007-2008 Budget Paper No. 4.

                Portfolio Statements -Volume 2 -2007-2008 Budget Paper No. 4.

                Portfolio Statements -Volume 3 -2007-2008 Budget Paper No. 4.

                Capital Investment Statement - 2007-2008 Budget Paper No. 5.

                Regional Statement - 2007-2008 Budget Paper No. 6.

 

Papers.

   4.

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

Message No. 12

                 MR. PRESIDENT - The House of Assembly has agreed to Amendment Nos. 1 and 2 and 4 to 11 and 13 to 16 made by the Legislative Council in the Climate Change and Greenhouse Emissions Reduction Bill, without any amendment; has disagreed to Amendments Nos. 12 and 17; and has disagreed to Amendment No. 3 and has made an alternate amendment 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 June 2007.                                                                         J. J. SNELLING, Speaker.

 

Message from
House of Assembly:
Climate Change
and Greenhouse
Emissions Reduction
Bill.

 

 

Schedule of the Amendments made by the Legislative Council

to which the House of Assembly has disagreed

Amendment No. 12–

Clause 11, page 10, after line 38—

Insert:

      (4)       The following requirements apply in connection with the operation of paragraph (a) of subsection (3):

      (a)       any advice to the Minister under that paragraph must be provided or confirmed by the Council by instrument in writing;

      (b)      the Minister must, within 6 sitting days after the end of each quarter, cause a copy of any instrument received under paragraph (a) of this subsection during the quarter to be laid before both Houses of Parliament;

      (c)       the Minister must ensure that any instrument tabled under paragraph (b) is accompanied by a statement from the Minister in which the Minister sets out the extent to which the Minister has acted on the relevant advice, or intends to act on the relevant advice and, to the extent that it is not accepted, the reasons why not.

Amendment No. 17–

Clause 21, page 15, after line 16—

Insert:

      (6)       Subsection (1) operates subject to the qualification that the first review must be completed by the end of 2009.

 

Schedule of the Amendments made by the Legislative Council
to which the House of Assembly has disagreed
and made alternate amendments thereto

Amendment No. 3–

Clause 5, page 6, after line 12—

Insert:

     (1a)      An interim target in connection with the SA target under subsection (1) is to reduce by 31 December 2020 greenhouse gas emissions within the State by at least 20% to an amount that is equal to or less than 80% of 1990 levels.

Alternate Amendments of the House of Assembly

Clause 5, page 5, line 13—

Delete “Two” and substitute:

Three

Clause 5, page 5, after line 13—

Insert:

     (aa)      an interim target to the SA target, that is to reduce by 31 December 2020 greenhouse gas emissions within the State to an amount that is equal to or less than 1990 levels;

Clause 5, page 5, after line 19—

Insert:

     (2a)      The targets under subsection (2)

      (a)       are to be achieved in a manner that is consistent with the principles reflected in this Act; and

      (b)      are set recognising that their achievement will be influenced by national and international developments that are outside the control of the State Government.

M. LEHMAN, Acting Clerk of the House of Assembly.

 

 

                 The Minister for Police moved - That the Message be taken into consideration forthwith.

                 Debate ensued.

                 Question put.

 

 

             Council divided:

Ayes, 16

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. B. V. Finnigan

The Hon. J. M. Gazzola

The Hon. D.G.E. Hood

The Hon. P. Holloway

The Hon. I. K. Hunter

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

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. C. Zollo

The Hon. G. E. Gago (Teller)

      So it was resolved in the affirmative.

 

Noes, 3

The Hon. M. C. Parnell

The Hon. N. Xenophon

The Hon. S. M. Kanck (Teller)

 

 

 

                 The President then left the Chair, and the Council resolved itself into a Committee of the Whole for the consideration of the Message.

 

In the Committee

 

                          The Minister for Environment and Conservation moved - That the Legislative Coucnil do not insist on its Amendment No. 3 and agrees to the alternate amendments made by the House of Assembly.

 

 

                          A point of order being raised, the Chairperson ruled that, pursuant to Standing Order No. 367, the Hon. M. C. Parnell not be again heard during the discussion on the question before the Chair.

Chairperson’s Ruling.

 

 

                          The Hon. M.C. Parnell moved that the Ruling of the Chairperson be disagreed to.

                          And the objection having been stated in writing:

_____________________

 

                 The President resumed the Chair, and reported that his Ruling as Chairperson of Committees had been disagreed with.

Chairperson’s Ruling:

Disagreement with.

 

 

                 The President upheld the ruling.

President’s Ruling.

     

                 The Hon. M.C. Parnell stated he would not disagree with the Ruling of the President.

                 The President then left the Chair, and the Council resolved itself into a Committee of the Whole for the further consideration of the Message.

 

In the Committee

 

                          Question - That Amendment No. 3 be insisted on - put.

President’s Ruling not Disagreed with.

 

             Committee divided:

Ayes, 2

The Hon. N. Xenophon

The Hon. M. C. Parnell (Teller)

 

 

 

 

 

 

 

 

 

 

 

 

 

      So it passed in the negative.

 

Noes, 15

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. J. M. Gazzola

The Hon. D.G.E. Hood

The Hon. P. Holloway

The Hon. I. K. Hunter

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. D. W. Ridgway

The Hon. T. J. Stephens

The Hon. S. G. Wade

The Hon. R. P. Wortley

The Hon. C. Zollo

The Hon. G. E. Gago (Teller)

 

 

 

                          Question - That the alternate amendments made by the House of Assembly be agreed to - put.

 

 

             Committee divided:

Ayes, 7

The Hon. A. L. Evans

The Hon. J. M. Gazzola

The Hon. D.G.E. Hood

The Hon. P. Holloway

The Hon. R. P. Wortley

The Hon. C. Zollo

The Hon. G. E. Gago (Teller)

 

 

 

      So it passed in the negative.

 

Noes, 10

The Hon. J.S.L. Dawkins

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. T. J. Stephens

The Hon. S. G. Wade

The Hon. N. Xenophon

The Hon. S. M. Kanck (Teller)

 

 

 

                          The Hon. D. W. Ridgway moved - On account of Amendment No. 3 not being insisted on by the Legislative Council and the Alternative Amendment made by the House of Assembly not being agreed to - in clause 3, page 1, after line 10, to leave out paragraph (ia).

                 Question put and passed.

                 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 next day of sitting.

 

 

   5.

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

Message No. 13

                 MR. PRESIDENT - The House of Assembly has agreed to Amendment No. 2 to No. 8 and No. 10 to No. 15 made by the Legislative Council in the Statutes Amendment (Real Estate Industry Reform) Bill, without any amendment, and has disagreed to Amendments Nos. 1 and 9 as indicated in the annexed Schedule.  The House of Assembly returns the Bill herewith and desires its reconsideration.

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

 

Message from
House of Assembly:
Statutes Amendment
(Real Estate Industry
Reform) Bill.

 

 

Schedule of the Amendments made by the Legislative Council

to which the House of Assembly has disagreed

Amendment No. 1–

Clause 17, page 12, after line 7—

After “natural person” insert:

or, in accordance with the regulations, by some other natural person nominated in writing to the Commissioner

 

 

 

Amendment No. 9–

Clause 43, page 29, after line 39—

Insert:

     (7a)      This section does not apply in relation to a benefit disclosed—:

      (a)       in a sales agency agreement with the client; or

      (b)      to the client in accordance with section 24C.

M. LEHMAN, Acting Clerk of the House of Assembly.

 

 

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

 

 

   6.

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

 

Postponement
of Business.

   7.

Ordered - That the Council at its rising, do adjourn until Tuesday, 19 June 2007, at fifteen minutes past two o’clock.

 

Postponement
of Business.

   8.

Council adjourned at two minutes to five o’clock until Tuesday, 19 June 2007, 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