SOUTH AUSTRALIA]

No. 25

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY  7  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.

A Messenger from the Governor’s Deputy having been announced by Black Rod, the following Message was received and read:

Message No. 3.

                 The Governor’s Deputy informs the Legislative Council that, in the name and on behalf of Her Majesty The Queen, the following Act has been assented to during the present Session, viz.:

                 No. 45 of 2004 - An Act to provide for the limitation of liability of members of occupational associations in certain circumstances; to facilitate improvement in the standards of services provided by those members; and for other purposes.

Government House, Adelaide.                                    BRUNO KRUMMINS, Governor’s Deputy.

7 December 2004.

 

Message from
Governor’s Deputy:
Assent to Bills.

 

    3.

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

        By the Minister for Industry and Trade (The Hon. P. Holloway) -

                 Commissioner for Consumer Affairs - Report, 2003-2004.

                 Regulations under the following Acts -

                          Liquor Licensing Act 1997 - Long Term Dry Areas - Dimjalla Skate Park.

                          Public Finance and Audit - Dissolution of XTAB.

                          Summary Offences - Vehicle Immobilisation.

        By the Minister for Mineral Resources Development (The Hon. P. Holloway) -

                 Regulation under the following Act -

                          Petroleum Act 2000 - Transmission Pipelines.

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

                 Reports, 2003-2004 -

                          Dried Fruits Board of South Australia.

                          Institute of Medical and Veterinary Science.

                          State Electoral Office of South Australia - Local Government Activities.

                 Regulations under the following Acts -

                          Tobacco Products Regulation Act 1997 - Smoking Bans.

                          Water Resources Act 1997 - South East Prescribed Wells Area.

                 Rules under Acts -

                          Local Government -

                                   Local Government Superannuation Scheme - Portability.

                 By-laws - Corporation -

                          Burnside -

                                   No. 1 - Permits and Penalties.

                                   No. 2 - Moveable Signs.

                                   No. 3 - Local Government Land.

                                   No. 4 - Roads.

                                   No. 5 - Dogs.

                                   No. 6 - Waste Management.

                 Joint Committee on the Impact of Dairy Deregulation on the Industry in South Australia - Final Report and Recommendations - South Australian Government Response.

 

Papers.

 

   4.

The Minister for Industry and Trade tabled a copy of a Ministerial Statement made by the Premier (The Hon. M. D. Rann, M.P.) concerning Western Mining Corporation.

 

Ministerial
Statement Tabled.

 

   5.

The Minister for Industry and Trade tabled a copy of a Ministerial Statement made by the Minister for Health (The Hon. L. Stevens, M.P.) concerning the Mount Gambier Hospital Review, together with a copy of the Final Report of the Review.

 

Ministerial
Statement Tabled.

 

    6.

The Hon. G. E. Gago brought up the Report of the Environment, Resources and Development Committee on Waste Management.

Environment,
Resources and
Development
Committee -
Report on Waste
Management.

 

 

    7.

The Hon. J. M. Gazzola brought up the Annual Report, 2003-2004, of the Occupational Safety, Rehabilitation and Compensation Committee.

 

Occupational Safety,
Rehabilitation and
Compensation
Committee -
Annual Report,
2003-2004.

 

 

    8.

The Minister for Industry and Trade, without notice, moved - That the Standing Orders be so far suspended as to enable Question Time to be extended to enable the Hon. K. J. Reynolds to complete her question to him and for the Minister to complete his reply.

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

 

Suspension of
Standing Orders.

 

 

    9.

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

 

Postponement
of Business.

 

10.

Ordered - That Order of the Day (Government Business) No. 2 be postponed and taken into consideration on motion.

 

Postponement
of Business.

 

11.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Correctional Services (Miscellaneous) Amendment Bill.

 

In the Committee

 

                          Clause No. 1 further considered and agreed to.

                          Clauses No. 2 to No. 5 agreed to.

                          Clause No. 6 amended and agreed to.

                          Clauses No. 7 to No. 9 agreed to.

                          Clause No. 10 amended and agreed to.

                          Clause No. 11 read.

                 The Hon. I. Gilfillan moved on page 7, lines 8 and 9, to leave out all words in these lines.

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

                          Clause No. 11 agreed to.

                          Clause No. 12 amended and agreed to.

                          Clauses No. 13 to No. 16 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 Aboriginal Affairs and Reconciliation, 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.

 

Correctional Services
(Miscellaneous)
Amendment Bill.

 

12.

Ordered - That Orders of the Day (Government Business) No. 4 to No. 8 be postponed and taken into consideration after Order of the Day (Government Business) No. 9.

 

Postponement
of Business.

 

  13.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of Message No. 13 from the House of Assembly relating to the Medical Practice Bill.

 

In the Committee

 

                          Resolved - That Amendment No. 52 be not insisted on.

_____________________

 

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

 

Medical Practice
Bill.

 

  14.

Ordered - That Order of the Day (Government Business) No. 4 be postponed and taken into consideration on motion.

 

Postponement
of Business.

 

15.

Ordered - That Order of the Day (Government Business) No. 5 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

 

16.

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.

                 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 and No. 2 agreed to.

                 The Hon. N. Xenophon moved on page 2, after line 8, to insert new clause as follows:

                   2A—Amendment of section 4—Remuneration of members of Parliament

            Section 4(5)(d)—delete "subject to section 4A(3),".”.

                 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 motion.

 

Parliamentary
Remuneration
(Restoration of
Provisions)
Amendment Bill.

 

17.

At five 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.

 

18.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (Miscellaneous Superannuation Measures No. 2) 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. 46 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 without amendment; 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.

 

Statutes Amendment
(Miscellaneous
Superannuation
Measures No. 2)
Bill.

 

19.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Parliamentary Remuneration (Restoration of Provisions) Amendment Bill.

 

In the Committee

 

                          New clause No. 2A which the Hon. N. Xenophon had moved to insert on page 2, after line 8, as follows:

                   2A—Amendment of section 4—Remuneration of members of Parliament

            Section 4(5)(d)—delete "subject to section 4A(3),".” - further considered.

                 Question - That new clause No. 2A, as proposed to be inserted by the Hon. N. Xenophon, be so inserted - put.

Parliamentary
Remuneration
(Restoration of
Provisions)
Amendment Bill.

 

 

             Committee divided:

Ayes, 3

The Hon. S. M. Kanck

The Hon. J. F. Stefani

The Hon. N. Xenophon (Teller)

 

 

 

 

 

 

 

 

 

 

 

 

 

      So it passed in the negative.

 

Noes, 16

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. R. D. Lawson

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. T. J. Stephens

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

 

                          Clause No. 3 read.

                 The Hon. N. Xenophon moved on page 3, after line 6, to insert new subclause as follows:

“(4)      Section 4A—after subsection (6) insert:

(7)     If any determination or direction is in force relating to the provision of motor vehicles to persons occupying executive positions under the Public Sector Management Act 1995, a determination of the Remuneration Tribunal with respect to the provision of motor vehicles to members of Parliament must not include terms and conditions that are more favourable than those applying under that determination or direction.”.

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

                          Clause No. 3 agreed to.

                          Clause No. 4 agreed to.

                          Clause No. 5 read.

                 The Hon. N. Xenophon moved on page 3, after line 32, to insert new subclause as follows:

“(4)      If any determination or direction is in force relating to the provision of motor vehicles to persons occupying executive positions under the Public Sector Management Act 1995 then, despite any other provision of this section, the Parliament or the Crown must not offer to provide a motor vehicle to a member of Parliament on terms and conditions that are more favourable than those applying under the determination or direction.”.

                 Question - That the amendment be agreed to - put.

 

 

 

             Committee divided:

Ayes, 3

The Hon. T. G. Cameron

The Hon. J. F. Stefani

The Hon. N. Xenophon (Teller)

 

 

 

 

 

 

 

 

 

 

 

 

 

      So it passed in the negative.

 

Noes, 16

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. S. M. Kanck

The Hon. R. D. Lawson

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. T. J. Stephens

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

 

                          Clause No. 5 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 without amendment; 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.

                 Debate ensued.

                 Question put.

 

 

 

             Council divided:

Ayes, 15

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. R. D. Lawson

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. T. J. Stephens

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. S. M. Kanck

The Hon. J. F. Stefani

The Hon. N. Xenophon (Teller)

 

 

 

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

 

 

20.

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

Message No. 15

                 MR. PRESIDENT - The House of Assembly has agreed to Amendments Nos. 1 to 10 made by the Legislative Council in the Gaming Machines (Miscellaneous) Amendment Bill without any amendment; has agreed to Amendment No. 11 with an amendment; has agreed to suggested Amendment No. 1 and has amended the Bill accordingly and has disagreed to suggested Amendment Nos. 2 and 3 and has made amendments in lieu thereof, as indicated by the annexed Schedule.  The House of Assembly returns the Bill herewith and desires its reconsideration.

House of Assembly, 7 December 2004,                                                     I. P. LEWIS, Speaker.

 

Messages from
House of Assembly:
Gaming Machines
(Miscellaneous)
Amendment Bill.

 

 

Schedule of the amendment made by the House of Assembly

to the Legislative Council’s Amendment No. 11

Legislative Council’s Amendment No. 11.

         Amendment No. 14 [Redford—1]

         New Schedule

                 After clause 45 insert:

                         Schedule 1—Related amendment of Independent Gambling Authority Act 1995

                         1—Amendment of section 17—Confidentiality

         Section 17(3)—delete subsection (3).

House of Assembly’s Amendment thereto.

         New Schedule

                 Before clause 1 insert:

                         A1—Amendment of section 11—Functions and powers of Authority

Section 11(2a)(b)—delete paragraph (b) and substitute:

(b)    the maintenance of an economically viable and socially responsible gambling industry (including an economically viable and socially responsible club and hotel gaming machine industry) in this State.

 

Schedule of the Suggested Amendments to which the House of Assembly

has disagreed and made amendments in lieu thereof

No. 2.

         Amendment No. 25 (Suggested Amendment) [Xenophon—1]

         New Clause

                 After clause 38 insert:

                         38A—Amendment of section 72A—Gaming Tax

(1)     Section 72A(4)—after paragraph (b) insert:

(ba)  as to 3% of all gaming tax revenue—into the Gamblers Rehabilitation Fund established under this Part;

(2)     Section 72A(5)—after “(b)” insert:

(ba)

No. 3.

         Amendment No. 26 (Suggested Amendment) [Xenophon—1]

         New Clause

                 After clause 39 insert:

                         39A—Insertion of section 73BA

After section 73B insert:

73BA—Gamblers Rehabilitation Fund

(1)     The Gamblers Rehabilitation Fund is established.

(2)     The Fund will be kept at the Treasury.

(3)     The Treasurer will invite contributions to the Fund from stakeholders in the gambling industry.

(4)     The money constituting the Fund will be applied in accordance with the directions of a committee established by the Minister for Families and Communities towards—

(a)     providing treatment for persons suffering from gambling addiction; and

(b)    overcoming other behavioural and social problems resulting from gambling; and

(c)     community and school education programs designed to reduce problem gambling; and

(d)    other appropriate early intervention strategies.

(5)     The procedures of the committee will be as determined by the Minister for Families and Communities.

 

 

 

 

House of Assembly’s Amendments in lieu thereof

No. 2.

         New Clause

                 After clause 38 insert:

                         38A—Amendment of section 72A—Gaming Tax

(1)     Section 72A(4)—after paragraph (b) insert:

(ba)  as to $3.845 million—into the Gamblers Rehabilitation Fund established under this Part;

(2)     Section 72A(5)—after “(b)” insert:

, (ba)

No. 3.

         New Clause

                 After clause 39 insert:

                         39A—Insertion of section 73BA

After section 73B insert:

73BA—Gamblers Rehabilitation Fund

(1)     The Gamblers Rehabilitation Fund is established.

(2)     The Fund will be kept at the Treasury.

(3)     The Minister for Families and Communities will invite contributions to the Fund from stakeholders in the gambling industry.

(4)     The money paid into the Fund under this Part will from time to time be applied by the Minister for Families and Communities towards programs for or related to minimizing problem gambling or rehabilitating problem gamblers.

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 Message.

 

In the Committee

 

                          The Minister for Industry and Trade moved - That the amendment made by the House of Assembly to Amendment No. 11 be agreed to.

                          Question - That the motion be agreed to - put.

 

 

 

             Committee divided:

Ayes, 14

The Hon. T. G. Cameron

The Hon. J.S.L. Dawkins

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. R. D. Lawson

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. C. Zollo

The Hon. P. Holloway (Teller)

      So it was resolved in the affirmative.

 

Noes, 5

The Hon. A. L. Evans

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. K. J. Reynolds

The Hon. N. Xenophon (Teller)

 

 

 

                 Resolved - That suggested Amendments No. 2 and No. 3 be not insisted on and that the alternative amendments made by the House of Assembly in lieu thereof, be agreed to.

_____________________

 

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

 

 

 

Message No. 16

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith entitled an Act to amend the Criminal Law (Legal Representation) Act 2001 and the Legal Services Commission Act 1977, to which it desires the concurrence of the Legislative Council.

House of Assembly, 7 December 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. D. Lawson, the debate was adjourned until next day of sitting.

 

Statutes Amendment
(Legal Assistance
Costs) Bill.

 

 

Message No. 17

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith entitled an Act to regulate the teaching profession, to which it desires the concurrence of the Legislative Council.

House of Assembly, 7 December 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.

 

Teachers
Registration and
Standards Bill.

21.

Ordered - That 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 recommendations” - be now resumed.

                 Debate resumed.

                 On motion of the Hon. S. M. Kanck, the debate was adjourned until next day of sitting.

 

Statutes Amendment
(Relationships) Bill.

22.

On the Order of the Day being read for the adjourned debate on the question - That the Industrial Law Reform (Enterprise and Economic Development - Labour Market Relations) Bill be now read a second time:

                 Debate resumed.

_____________________

 

And it being twelve of the clock:

WEDNESDAY 8 DECEMBER 2004

_____________________

 

                 On motion of the Hon. I. Gilfillan, the debate was adjourned until next day of sitting.

 

Industrial Law
Reform (Enterprise
and Economic
Development -
Labour Market
Relations) Bill.

  23.

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

 

Postponement
of Business.

24.

Council adjourned at five minutes past twelve o’clock midnight 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. A. J. Redford

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. N. Xenophon

The Hon. C. Zollo