SOUTH AUSTRALIA]

No. 29

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY  8  FEBRUARY  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 Minister for Industry and Trade (The Hon. P. Holloway), by leave, moved - That the Legislative Council -

  • acknowledges its deep sadness at the tragic human loss and material cost resulting from the devastating 2004 Boxing Day tsunami in southern Asia;
  • mourns the loss of more than 200,000 people, including 17 Australians, of whom three were South Australians;
  • commends the many South Australians who have displayed much compassion and support in assisting the relief effort; and
  • pledges the continued support of South Australia in helping to rebuild the devastated Asian region,

        and, as a mark of respect to the memory of those who died in this tragedy, the sitting of the Council be suspended until the ringing of the bells.

                 And being supported by the Hon. R. I. Lucas, the Hon. S. M. Kanck, the Hon. A. J. Redford, the Hon. N. Xenophon, the Hon. T. G. Cameron, the Hon. A. L. Evans, the Hon. I. Gilfillan, the Minister for Aboriginal Affairs and Reconciliation (The Hon. T. G. Roberts) and the President:

                 Motion carried in silence, Members standing in their places.

 

Tsunami in
South East Asia -
Motion re.

 

   3.

At thirty minutes past three o’clock the sitting was suspended until the ringing of the bells.

                 At fifteen minutes to four o’clock the sitting was resumed.

 

Suspension and
Resumption of
Sitting.

 

    4.

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

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

                 Reports, 2003-2004 -

                          AustralAsia Railway Corporation.

                          Australian Crime Commission.

                          Courts Administration Authority.

                          Murray-Darling Basin Commission.

                          Public Trustee Office.

                          South Australian Equal Opportunity Commission.

                          South Australian Multicultural and Ethnic Affairs Commission.

Papers.

 

 

                 Reports -

                          District Council of Mount Barker - Mount Barker Regional Town Centre Car Parking and Urban Design Plan Amendment Report by the Council.

                          District Council of Tumby Bay - General Farming Zone - Coastal Zone - Residential Development Plan Amendment Report by the Council.

                          South Australian Government - Final Budget Outcome 2003-04.

                 Regulations under the following Acts -

                          Criminal Law Sentencing Act 1988 - Identity Theft.

                          Electricity Act 1996 - Aerial Lines.

                          Liquor Licensing Act 1997 -

                                   Long Term Dry Areas -

                                             Hallett Cove.

                                             Peterborough.

                                             Port Adelaide.

                                             Port Lincoln.

                                   Short Term Dry Areas -

                                             Christmas and New Year.

                          Motor Vehicles Act 1959 - Refunds.

                          Police Superannuation Act 1990 - Salary.

                          Superannuation Act 1988 -

                                   Commutation.

                                   Julia Farr Services.

                 Rules of Courts -

                          Magistrates Court - Magistrates Court Act 1991 - Insurance Claims.

                 Rules under Acts -

                          Administration and Probate - Administration Guarantees.

                 Determination and Report of the Remuneration Tribunal - No. 1 of 2004 - Auditor-General, Electoral Commissioner, Deputy Electoral Commissioner, Employee Ombudsman, Ombudsman and Health and Community Services Complaints Commissioner.

                 Determination and Report of the Remuneration Tribunal - No. 2 of 2004 - Alternative Vehicle Request from Master Anne Bampton.

                 Determination and Report of the Remuneration Tribunal - No. 3 of 2004 - Members of the Judiciary, Members of the Industrial Relations Commission, the State Coroner, Commissioners of the Environment, Resources and Development Court.

                 Determination and Report of the Remuneration Tribunal - No. 4 of 2004 - Amendments to Determination No. 5 of 2001 - Conveyance Allowances.

                 Determination and Report of the Remuneration Tribunal - No. 5 of 2004 - Amendments to Determination No. 2 of 2002 - Travelling and Accommodation Allowances.

                 Section 69 of the Public Sector Management Act 1995 - Appointments to the Minister’s personal staff.

                 Section 74B of the Summary Offences Act 1953 - Statistical Returns for Road Block Establishment Authorisations - 1 July 2004 - 30 September 2004.

                 Section 83B of the Summary Offences Act 1953 - Statistical Returns for Dangerous Area Declarations - 1 July 2004 - 30 September 2004.

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

                 Reports, 2003-2004 -

                          Local Government Grants Commission South Australia.

                          Public and Environmental Health Council.

                 Regulations under the following Acts -

                          Education Act 1972 - Nomination of Board Members.

                          Environment Protection Act 1993 - Waste Depot Levy.

                          Freedom of Information Act 1991 - Children in State Care Inquiry.

                          Senior Secondary Assessment Board of South Australia Act 1983 - Subjects and Fees.

                          Teachers Registration and Standards Act 2004 - Nomination of Board Members.

                 Rules under Acts -

                          Authorised Betting Operations - Betting Exchanges.

                 2007 World Police and Fire Games Corporation Charter for 2004-2005 as at July 2004.

                 National Health and Medical Research Council - Ethical guidelines on the use of assisted reproductive technology in clinical practice and research.

                 By-laws -

                          Corporation -

                                   Victor Harbor -

                                             No. 2 - Moveable Signs.

                                             No. 3 - Local Government Land.

                                             No. 4 - Roads.

                          District Council -

                                   Flinders Ranges -

                                             No. 1 - Permits and Penalties.

                                             No. 2 - Moveable Signs.

        By the Minister for Correctional Services (The Hon. T. G. Roberts) -

                 Correctional Services Advisory Council - Report, 2003-2004.

 

 

 

   5.

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. T. G. Cameron to complete his question to the Minister for Aboriginal Affairs and Reconciliation 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.

 

   6.

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.

 

   7.

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.

                 On motion of the Hon. J.M.A. Lensink, the debate was adjourned and ordered to be resumed on motion.

 

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

 

   8.

At 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.

 

   9.

Ordered - That 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 - be now resumed.

                 Debate resumed.

                 Question put.

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

 

 

             Council divided:

Ayes, 10

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. K. J. Reynolds

The Hon. R. K. Sneath

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. T. G. Roberts (Teller)

      So it was resolved in the affirmative.

 

Noes, 7

The Hon. J.S.L. Dawkins

The Hon. J.M.A. Lensink

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. T. J. Stephens

The Hon. R. D. Lawson (Teller)

 

 

 

 

                 Bill read a second time.

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

 

 

10.

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

Message No. 25

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith entitled an Act to establish a sanctuary to protect the dolphin population of the Port Adelaide River estuary and Barker Inlet and its natural habitat; to provide for the protection and enhancement of the Port Adelaide River estuary and Barker Inlet; to amend the Aquaculture Act 2001, the Coast Protection Act 1972, the Development Act 1993, the Environment Protection Act 1993, the Fisheries Act 1982, the Harbors and Navigation Act 1993, the Historic Shipwrecks Act 1981, the Mining Act 1971, the National Parks and Wildlife Act 1972, the Native Vegetation Act 1991 and the Petroleum Act 2000; and for other purposes, to which it desires the concurrence of the Legislative Council.

House of Assembly, 7 February 2005.                                                                   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.

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

 

Message from
House of Assembly:
Adelaide Dolphin Sanctuary Bill.

 

11.

Council adjourned at seven minutes past ten 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. 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