SOUTH AUSTRALIA]

No. 85

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY  8  JULY  2003

 

 

 

   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 Minister for Agriculture, Food and Fisheries (The Hon. P. Holloway) -

                 Regulations under the following Acts -

                          Emergency Services Funding Act 1998 - Remissions Variation - Land.

                          Fisheries Act 1982 - River Fishery - Prescribed Fish.

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

                 Controlled Substances Advisory Council - Report, 2001-2002.

                 Regulations under the following Acts -

                           Fees Regulation Act 1927 - Water and Sewerage Requirements.

                          Motor Vehicles Act 1959 -

                                   Expiation Fees Variation.

                                   Refund on Licence Surrender.

                          Road Traffic Act 1961 - Alcotest Grounds.

                          Sewerage Act 1929 - Charges Variation.

                          Water Resources Act 1997 - Irrigation Levy.

                          Waterworks Act 1932 - Charges Variation.

                 Memorandum of Understanding between the Minister for Health and the Local Government Association in relation to the Exercise of Functions under the Food Act 2001 by Councils.

 

Papers.

 

   3.

The Minister for Aboriginal Affairs and Reconciliation brought up the Final Report of the Select Committee on Retail Trading Hours, together with Minutes of Proceedings.

                 Ordered - That the Report be printed.  (Paper No. 219)

 

Select Committee
on Retail Trading
Hours.

 

   4.

The Minister for Agriculture, Food and Fisheries, while making a Ministerial Statement, tabled a copy of the Report to Parliament on the Review of the Barley Marketing Act 1993.

 

Paper Tabled.

 

   5.

The Minister for Aboriginal Affairs and Reconciliation, without notice, moved - That the Standing Orders be so far suspended as to enable him to move a Motion without Notice.

                 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.

 

 

                 The Minister for Aboriginal Affairs and Reconciliation moved - That the Public Park Bill be considered a related Bill to the Statutes Amendment (Nuclear Waste) Bill and that the Standing Orders be and remain so far suspended as to extend the scope of the relevancy of the second reading debate on the Statutes Amendment (Nuclear Waste) Bill to include the related Bill.

                 Debate ensued.

                 Motion, by leave, withdrawn.

 

Cognate Bills -
Statutes Amendment
(Nuclear Waste) Bill
and Public Park
Bill - Suspension of
Standing Orders.

 

 

   6.

The Minister for Aboriginal Affairs and Reconciliation, 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.

 

   7.

The Minister for Aboriginal Affairs and Reconciliation, without notice, moved - That the Standing Orders be so far suspended as to enable him to move a Motion without Notice.

                 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.

 

 

                 The Minister for Aboriginal Affairs and Reconciliation moved - That the Public Park Bill be considered a related Bill to the Statutes Amendment (Nuclear Waste) Bill and that the Standing Orders be and remain so far suspended as to extend the scope of the relevancy of the second reading debate on the Statutes Amendment (Nuclear Waste) Bill to include the related Bill.

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

 

Cognate Bills -
Statutes Amendment
(Nuclear Waste) Bill
and Public Park
Bill - Suspension of
Standing Orders.

 

 

   8.

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

 

Postponement
of Business.

 

   9.

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

                 Debate resumed.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until next day of sitting.

 

Appropriation Bill.

 

10.

The Minister for Agriculture Food and Fisheries, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Summary Procedure Act 1921.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Minister for Agriculture Food and Fisheries 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.

 

Summary Procedure
(Classification of
Offences)
Amendment Bill.

 

11.

Ordered - That Orders of the Day (Government Business) No. 2 to No. 4 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

12.

Ordered - That Orders of the Day (Government Business) No. 5 to No. 9 be postponed and taken into consideration after Order of the Day (Government Business) No. 10.

 

Postponement
of Business.

 

13.

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

                 Debate resumed.

                 On motion of the Hon. T. J. Stephens, the debate was adjourned until next day of sitting.

 

Statutes
Amendment
(Nuclear Waste)
Bill.

 

14.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the River Murray Bill.

 

In the Committee

 

                 Schedule, which the Hon. C. V. Schaefer had moved to amend on page 49, lines 28 to 33, by leaving out paragraph (d) and inserting the following:

 

River Murray Bill.

 

 

                          “(d) by inserting after subsection (2) of section 24 the following subsection:

                                                   (3) The Minister must, in relation to the preparation of an amendment by a council or the Minister under subsection (1) that relates to a Development Plan or Development Plans that relate (wholly or in part) to any part of the Murray‑Darling Basin, consult with the Minister for the River Murray.;” - further considered.

                 and on page 49, lines 34 to 58, and on page 50, lines 1 to 21, by leaving out paragraphs (e) to (l).

                 Amendments, by leave, withdrawn.

                 The Hon. C. V. Schaefer moved on page 53, lines 7 to 9, to leave out paragraph (b) and the word “and” immediately preceding that paragraph.

                 Question - That the amendment be agreed to - put.

 

 

 

             Committee divided:

Ayes, 11

The Hon. T. G. Cameron

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. A. J. Reford

The Hon. D. W. Ridgway

The Hon. J. F. Stefani

The Hon. N. Xenophon

The Hon. C. V. Schaefer (Teller)

      So it was resolved in the affirmative.

 

Noes, 8

The Hon. J. M. Gazzola

The Hon. I. Gilfillan

The Hon. P. Holloway

The Hon. S. M. Kanck

The Hon. K. J. Reynolds

The Hon. R. K. Sneath

The Hon. C. Zollo

The Hon. T. G. Roberts (Teller)

 

 

 

                 The Hon. S. M. Kanck moved on page 57, lines 5 to 17, to leave out subsections (9) and (10) and insert new subsection as follows:

                                 “(9) If an application for an exploration licence relates to an area within a River Murray Protection Area and is within a class of applications prescribed by the regulations for the purposes of this provision (which class may consist of applications for all such licences), the Minister must, before making his or her decision on the application—

(a)    consult the Minister for the River Murray; and

(b)    comply with the Minister's directions (if any) in relation to the application (including a direction that the application not be granted, or that if it is to be granted, then the licence be subject to conditions specified by the Minister).;”

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

                 The Hon. S. M. Kanck moved on page 57, lines 19 to 31, to leave out subsections (7) and (8) and insert new subsection as follows:

                                 “(7) If an application for the renewal of an exploration licence relates to an area within a River Murray Protection Area and is within a class of applications prescribed by the regulations for the purposes of this provision (which class may consist of applications for all such renewals), the Minister must, before making his or her decision on the application—

(a)    consult the Minister for the River Murray; and

(b)    comply with the Minister's directions (if any) in relation to the application (including a direction that the application not be granted, or that if it is to be granted, then the licence be subject to conditions specified by the Minister).;”

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

                 The Hon. S. M. Kanck moved on page 57, lines 36 to 38, and page 58, lines 1 to 9, to leave out subsections (2b) and (2c) and insert new subsection as follows:

                                 “(2b) If an application for a mining lease relates to an area within a River Murray Protection Area and is within a class of applications prescribed by the regulations for the purposes of this provision (which class may consist of applications for all such leases), the Minister must, before making his or her decision on the application—

(a)    consult the Minister for the River Murray; and

(b)    comply with the Minister's directions (if any) in relation to the application (including a direction that the application not be granted, or that if it is to be granted, then the licence be subject to conditions specified by the Minister).;”

 

 

 

 

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

                 The Hon. S. M. Kanck moved on page 58, lines 11 to 22, to leave out subsections (5) and (6) and insert new subsection as follows:

                                 “(5) Despite a preceding subsection, if an application for the renewal of a mining lease relates to an area within a River Murray Protection Area and is within a class of applications prescribed by the regulations for the purposes of this provision (which class may consist of applications for all such renewals), the Minister must, before making his or her decision on the application—

(a)    consult the Minister for the River Murray; and

(b)    comply with the Minister's directions (if any) in relation to the application (including a direction that the application not be granted, or that if it is to be granted, then the lease be subject to conditions specified by the Minister).;”

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

                 The Hon. S. M. Kanck moved on page 58, lines 27 to 38, to leave out subsections (3b) and (3c) and insert new subsection as follows:

                                 “(3b) If an application for a retention lease relates to an area within a River Murray Protection Area and is within a class of applications prescribed by the regulations for the purposes of this provision (which class may consist of applications for all such leases), the Minister must, before making his or her decision on the application—

(a)    consult the Minister for the River Murray; and

(b)    comply with the Minister's directions (if any) in relation to the application (including a direction that the application not be granted, or that if it is to be granted, then the lease be subject to conditions specified by the Minister).;”

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

                 The Hon. S. M. Kanck moved on page 59, lines 2 to 14, to leave out subsections (5) and (6) and insert new subsection as follows:

                                 “(5) Despite a preceding subsection, if an application for the renewal of a retention lease relates to an area within a River Murray Protection Area and is within a class of applications prescribed by the regulations for the purposes of this provision (which class may consist of applications for all such renewals), the Minister must, before making his or her decision on the application—

(a)    consult the Minister for the River Murray; and

(b)    comply with the Minister's directions (if any) in relation to the application (including a direction that the application not be granted, or that if it is to be granted, then the lease be subject to conditions specified by the Minister).;”

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

                 The Hon. S. M. Kanck moved on page 59, lines 20 to 32, to leave out subsections (3b) and (3c) and insert new subsection as follows:

                                 “(3b) If an application for a miscellaneous purpose licence relates to an area within a River Murray Protection Area and is within a class of applications prescribed by the regulations for the purposes of this provision (which class may consist of applications for all such licences), the Minister must, before making his or her decision on the application—

(a)    consult the Minister for the River Murray; and

(b)    comply with the Minister's directions (if any) in relation to the application (including a direction that the application not be granted, or that if it is to be granted, then the lease be subject to conditions specified by the Minister).;”

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

                 The Hon. S. M. Kanck moved on page 59, lines 34 to 41, and page 60, lines 1 to 5, to leave out subsections (5) and (6) and insert new subsection as follows:

                                 “(5) Despite a preceding subsection, if an application for the renewal of a miscellaneous purpose licence relates to an area within a River Murray Protection Area and is within a class of applications prescribed by the regulations for the purposes of this provision (which class may consist of applications for all such licences), the Minister must, before making his or her decision on the application—

(a)    consult the Minister for the River Murray; and

(b)    comply with the Minister's directions (if any) in relation to the application (including a direction that the application not be granted, or that if it is to be granted, then the licence be subject to conditions specified by the Minister).;”

 

 

 

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

                 The Hon. S. M. Kanck moved on page 60, lines 11 to 24, to leave out subsections (1ab) and (1ac) and insert new subsection as follows:

                                 “(1ab) If an application for an authorisation to use declared equipment relates to an area within a River Murray Protection Area and is within a class of applications prescribed by the regulations for the purposes of this provision (which class may consist of applications for all such authorisations), the Director of Mines must, before making his or her decision on the application—

(a)    consult the Minister for the River Murray; and

(b)    comply with the Minister's directions (if any) in relation to the application (including a direction that the application not be granted, or that if it is to be granted, then the licence be subject to conditions specified by the Minister).;”

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

                          Schedule, as amended and otherwise amended, agreed to.

                          Title amended and agreed to.

_____________________

 

                 The President resumed the Chair, and reported that the Committee had considered the Bill and had agreed to the same with amendments and an amended title; 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.

 

 

15.

Ordered - That Orders of the Day (Government Business) No. 6 to No. 8 be postponed and taken into consideration after Order of the Day (Government Business) No. 9.

 

Postponement
of Business.

16.

On the Order of the Day being read for the adjourned debate on the question - That the Nurses (Nurses Board Vacancies) 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. S. M. Kanck moved on page 3, after line 5, to insert new clauses as follow:

                                   “Amendment of s. 1—Short title

             2A. Section 1 of the principal Act is amended by inserting "and Midwives" after "Nurses".

                                   Amendment of s. 3—Interpretation

             2B. Section 3 of the principal Act is amended by inserting in subsection (1) "and Midwives" after "Nurses" in the definition of "Board".

                                   Amendment of heading to Part 2

             2C. The heading to Part 2 of the principal Act is amended by inserting "AND MIDWIVES" after "NURSES".

                                   Amendment of s. 4—Establishment of Board

             2D. Section 4 of the principal Act is amended by inserting in subsection (1) "and Midwives" after "Nurses".”

                 Question - That new clause No. 2A, as proposed to be inserted by the Hon. S. M. Kanck, be so inserted - put and negatived.

 

Nurses (Nurses
Board Vacancies)
Amendment Bill.

 

                          Clause No. 3 read.

                 The Hon. S. M. Kanck moved on page 3, lines 9 to 27, to leave out all words in these lines and insert the following:

             “(6) If a casual vacancy occurs in the office of a member of the Board appointed under subsection (1)(b), the Governor must, subject to subsection (7), appoint the person who was the sole candidate not elected or excluded after the election of the fifth person at the election in which the member was elected.

             (7) If a person who would otherwise be appointed under subsection (6) is no longer qualified to be appointed, or is unavailable or unwilling to be appointed, then the Governor must appoint the last excluded person at the election in which the member was elected, or, if that person is no longer qualified to be appointed, or is unavailable or unwilling to be appointed, the second-last excluded person, and so on.

             (8) If there is no person qualified, or available or willing, to be appointed under subsection (7), then the Governor may fill the vacancy by appointing a registered or enrolled nurse nominated by the Minister.

             (9) The Minister must consult with the bodies representing the interests of nurses referred to in the Schedule before making a nomination under subsection (8).

             (10) A person appointed to a casual vacancy under subsection (6), (7) or (8) will hold office for the balance of the term of that person's predecessor.”

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

                          Clause No. 3 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 Agriculture, Food and Fisheries, 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.

 

 

17.

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

 

Postponement
of Business.

 

18.

Council adjourned at thirty minutes past six 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. 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. C. Zollo

The Hon. N. Xenophon