SOUTH AUSTRALIA]

No. 50

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY  8  SEPTEMBER  2009

 

 

 

   1.

Council met pursuant to adjournment.  The President (The Hon. R. K. Sneath) took the Chair.

                 The President read prayers.

 

Meeting of
Council.

    2.

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

Message No. 15.

                 The Governor informs the Legislative Council that, in the name and on behalf of Her Majesty The Queen, the following Acts have been assented to during the present Session, viz.:

                 No. 34 of 2009 - An Act to amend the Equal Opportunity Act 1984.

                 No. 35 of 2009 - An Act to amend the Petroleum Act 2000 and to make related amendments to the Development Act 1993 and the Mining Act 1971.

                 No. 36 of 2009 - An Act for the appropriation of money from the Consolidated Account for the year ending on 30 June 2010 and for other purposes.

                 No. 37 of 2009 - An Act to make provision for employment, management and governance matters relating to the public sector of the State; to repeal the Public Sector Management Act 1995; and for other purposes.

                 No. 38 of 2009 - An Act to amend the Public Sector Management Act 1995.

                 No. 39 of 2009 - An Act to amend the Building Work Contractors Act 1995, the Civil Liability Act 1936, the Conveyancers Act 1994, the Fair Trading Act 1987, the Land Agents Act 1994, the Plumbers, Gas Fitters and Electricians Act 1995, the Second-hand Vehicle Dealers Act 1995, the Security and Investigation Agents Act 1995 and the Travel Agents Act 1986; and to repeal the Consumer Transactions Act 1972 and the Recreational Services (Limitation of Liability) Act 2002.

Government House, Adelaide, 8 September 2009.                                   KEVIN SCARCE, Governor.

 

Message from
Governor:
Assent to Bills.

   3.

Answers to Questions on Notice Nos. 194, 226, 232, 234, 236 to 238, 241 and 247 received this day were tabled by the President who directed that they be distributed and printed in Hansard.

 

Answers to
Questions on
Notice.

   4.

The Hon. R. P. Wortley brought up the Report of the Natural Resources Committee, 2008-2009.

Natural Resources
Committee -
Report, 2008-2009.

   5.

The Hon. R. P. Wortley brought up the Report of the Environment, Resources and Development Committee on Desalination at Port Bonython.

Environment,
Resources and
Development
Committee - Report
on Desalination at
Port Bonython.

   6.

The Hon. J.S.L. Dawkins brought up the Report of the Select Committee on Conduct by PIRSA in Fishing of Mud Cockles in Marine Scalefish and Lakes and Coorong Pipi Fisheries, together with Minutes of Proceedings and Evidence.

                 Ordered - That the Report be printed.  (Paper No. 247)

Select Committee on
Conduct by PIRSA in Fishing of Mud
Cockles in Marine
Scalefish and Lakes
and Coorong Pipi
Fisheries - Report.

    7.

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

        By the President -

                 Members of Legislative Council Travel Expenditure, 2008-2009.

                 Register of Members’ Interests - June 2009 - Registrar’s Statement.

                          Ordered - That the Statement be printed.  (Paper No. 134C)

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

                 Reports, 2007-2008 -

                          Adelaide Hills Wine Industry Fund.

                          Barossa Wine Industry Fund.

                          Langhorne Creek Wine Industry Fund.

                          McLaren Vale Wine Industry Fund.

                          Riverland Wine Industry Fund.

                          SA Grape Growers Industry Fund.

                 Terrorism (Preventative Detention) Act 2005 - Report, 2008-2009.

                 Police Complaints Authority - Report pursuant to section 57 of the Criminal Law (Forensic Procedures) Act 2007.

                 Police Superannuation Scheme Actuarial Report, 30 June 2008.

                 Regulations under the following Acts -

                          Administration and Probate Act 1919 - Interest on Pecuniary Legacies.

                          Electricity Act 1996 - General - Energy Efficiency Shortfalls.

                          First Home Owner Grant Act 2000 - Disclosure of Confidential Information.

                          Gas Act 1997 -

                                   Energy Efficiency Shortfalls.

                                   Gas Infrastructure.

                          Legal Practitioners Act 1981 - General.

                          Plant Health Act 2009 - General.

                          Public Trustee Act 1995 - Commission and Fees.

                          Southern State Superannuation Act 2009 - General.

                          Subordinate Legislation Act 1978 - Postponement from Expiry - Schedules 1 and 2.

                          Superannuation Act 1988 - Lyell McEwin Employees.

                          Valuation of Land Act 1971 - Fees and Allowances.

                 Adaptation in South Australia - Minute to the Premier prepared by the Premier’s Climate Change Council - May 2009.

                 Government Response to Advice received from the Premier’s Climate Change Council.

                 Greenhouse Strategy - Minute to the Premier prepared by the Premier’s Climate Change Council - May 2009.

                 Return of Authorisations issued to Enter Premises under Section 83C(1) of the Summary Offences Act 1953 for the period 1 July 2008 - 30 June 2009.

                 Return of Authorisations issued to Enter Premises under Section 83C(3) of the Summary Offences Act 1953 for the period 1 July 2008 - 30 June 2009.

                 Return of Dangerous Area Declarations under Section 83B of the Summary Offences Act 1953 for the period 1 April 2009 - 30 June 2009.

                 Return of Road Block Establishment Authorisations issued under Section 74B of the Summary Offences Act 1953 for the period 1 April 2009 - 30 June 2009.

        By the Minister for Urban Development and Planning (The Hon. P. Holloway) -

                 Regulations under the following Act -

                          Development Act 1993 - Charles Sturt Development Plan.

        By the Minister for State/Local Government Relations (The Hon. G. E. Gago) -

                 Aboriginal Lands Trust - Report, 2006-2007.

                 The Commissioners of Charitable Funds - Report, 2007-2008.

                 University of South Australia - Report, 2008.

                 Upper South East Dryland Salinity and Flood Management Act 2002 - Quarterly Report for the period 1 April 2009 - 30 June 2009.

Papers.

 

                 Regulations under the following Acts -

                          Animal Welfare Act 1985 - Codes of Practice.

                          Controlled Substances Act 1984 -

                                   General - Prescribed Professions.

                                   Poisons - Prescribed Professions.

                          Environment Protection Act 1993 - General.+-

                          Family and Community Services Act 1972 - General.

                          Freedom of Information Act 1991 - Exempt Agency - City of Burnside.

                          Harbors and Navigation Act 1993 - General.

                          Local Government Act 1999 - General - Prescribed Fees.

                          Motor Vehicles Act 1959 - Demerit Points - Mobile Phones.

                          Natural Resources Management Act 2004 - General - Water Allocation Plans - Transitional Provisions.

                          Passenger Transport Act 1994 -

                                   Driver Eligibility.

                                   General - Taxis.

                                   Taxi Meters.

                          Road Traffic Act 1961 -

                                   Miscellaneous - Expiation Fees - Mobile Phones.

                                   Miscellaneous - Wheels and Tyres.

                                   Road Rules - Ancillary and Miscellaneous - Mobile Phones.

                          Supported Residential Facilities Act 1992 - General.

                 Direction pursuant to Section 5 of the Motor Accident Commission Act 1992.

                 District Council By-laws -

                       Copper Coast -

                             No. 1 - Permits and Penalties.

                             No. 2 - Local Government Land.

                             No. 3 - Roads.

                             No. 4 - Moveable Signs.

                             No. 5 - Dogs.

                       Kingston -

                             No. 1 - Permits and Penalties.

                             No. 2 - Moveable Signs.

                             No. 3 - Local Government Land.

                             No. 4 - Roads.

                 Inquiry into the Independent Gambling Authority - Response to the Statutory Authorities Review Committee Report.

                 Non-Metropolitan Railways Transfer Act 1997 - Schedule of Approvals to Remove Track Infrastructure for the period 1 July 2008 - 30 June 2009.

                 Playford Centre Charter.

        By the Minister for Consumer Affairs (The Hon. G. E. Gago) -

                 Regulations under the following Acts -

                          Land and Business (Sale and Conveyancing) Act 1994 - Site Contamination.

                          Liquor Licensing Act 1997 - Dry Areas - Long Term - Loxton.

 

 

   8.

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

 

Postponement
of Business.

   9.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Reproductive Technology (Clinical Practices) (Miscellaneous) Amendment Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 6 agreed to.

                          Clause No. 7 amended and agreed to.

                          Clause No. 8 read.

                 The Hon. I. K. Hunter moved on page 6, lines 1 to 8, to leave out subparagraphs (i) and (ii) and insert the following:

      “(i)      if, having regard to all of the circumstances of a particular woman, the woman would be unlikely to become pregnant other than by assisted reproductive treatment;”.

                 Question - That the amendment be agreed to - put.

Reproductive
Technology
(Clinical Practices)
(Miscellaneous)
Amendment Bill.

 

             Committee divided:

Ayes, 10

The Hon. A. M. Bressington

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. M. C. Parnell

The Hon. S. G. Wade

The Hon. D. N. Winderlich

The Hon. R. P. Wortley

The Hon. I. K. Hunter (Teller)

 

So it passed in the negative.

 

Noes, 11

The Hon. R. L. Brokenshire

The Hon. J. A. Darley

The Hon. J.S.L. Dawkins

The Hon. B. V. Finnigan

The Hon. P. Holloway

The Hon. R. I. Lucas

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. T. J. Stephens

The Hon. C. Zollo

The Hon. D.G.E. Hood  (Teller)

 

 

 

                          Clause No. 8 agreed to.

                          Clauses No. 9 to No. 14 agreed to.

                          Schedule struck out.

                          New Schedule inserted.

                          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 State/Local Government Relations, 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.

 

 

10.

On the Order of the Day being read for the adjourned debate on the question - That the Electoral (Miscellaneous) Amendment 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.

 

Electoral
(Miscellaneous)
Amendment Bill.

  11.

The Minister for Mineral Resources Development, by leave, tabled a copy of a Ministerial Statement made by the Premier (The Hon. M. D. Rann, M.P.) concerning Renewable Powered Desalination.

 

Ministerial
Statement Tabled.

  12.

The Minister for Mineral Resources Development, by leave, tabled a copy of a Ministerial Statement made by the Treasurer (The Hon. K. O. Foley, M.P.) concerning United Water Court Proceedings.

 

Ministerial
Statement Tabled.

13.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (Property Offences) 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.

 

Statutes Amendment
(Property Offences)
Bill.

14.

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

 

Postponement
of Business.

15.

On the Order of the Day being read for the adjourned debate on the question - That the Harbors and Navigation (Miscellaneous) Amendment 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.

 

Harbors and
Navigation
(Miscellaneous)
Amendment Bill.

16.

On the Order of the Day being read for the adjourned debate on the question - That the Local Government (Elections) (Miscellaneous) Amendment 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.

 

Local Government
(Elections)
(Miscellaneous)
Amendment Bill.

17.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (Council Allowances) 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.

 

Statutes Amendment
(Council
Allowances) Bill.

18.

Council adjourned at twenty-seven 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. A. M. Bressington

The Hon. R. L. Brokenshire

The Hon. J. A. Darley

The Hon. J.S.L. Dawkins

The Hon. B. V. Finnigan

The Hon. G. E. Gago

The Hon. J. M. Gazzola

 

The Hon. P. Holloway

The Hon. D.G.E. Hood

The Hon. I. K. Hunter

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. D. N. Winderlich

The Hon. R. P. Wortley

The Hon. C. Zollo