SOUTH AUSTRALIA]

No. 51

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  9  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.

The Minister for Mineral Resources Development (The Hon. P. Holloway), by leave, moved - That the Legislative Council expresses its sincere regret at the death of Flying Officer Michael Herbert, the last South Australian Vietnam Veteran to be returned home, gives thanks for the courage and sacrifice of a young man who died in the service of our Nation, and that, as a mark of respect to his memory, the sitting of the Council be suspended until the ringing of the bells.

                 And being supported by the Hon. D. W. Ridgway and the Hon. D.G.E. Hood:

                 Motion carried in silence, Members standing in their places.

 

Death of
Flying Officer
Michael Herbert.

   3.

At twenty-eight minutes to three o’clock the sitting was suspended until the ringing of the bells.

                 At eleven minutes to three o’clock the sitting was resumed.

 

Suspension and
Resumption of
Sitting.

 

   4.

The Hon. J. M. Gazzola brought up the Twenty-Fifth Report, 2008-2009, of the Legislative Review Committee.

 

Legislative Review
Committee -
Twenty-Fifth Report,
2008-2009.

 

    5.

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 Enhancing Responsible Service and Consumption of Alcohol.

 

Ministerial
Statement Tabled.

    6.

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 Economic Indicators and Investment Fund Performance.

 

Ministerial
Statement Tabled.

   7.

In accordance with Standing Orders, the President called on Members to make Statements on Matters of Interest.

 

Statements on
Matters of Interest.

    8.

The Hon. J. M. Gazzola, pursuant to notice, moved - That the Report of the Aboriginal Lands Parliamentary Standing Committee, 2007-2008, be noted.

                 On motion of the Hon. J.S.L. Dawkins, the debate was adjourned until Wednesday, 23 September 2009.

 

Aboriginal Lands
Parliamentary
Standing
Committee,
Report, 2007-2008,
be noted -
Motion re.

 

    9.

Ordered - That Notice of Motion (Private Business) No. 2 be an Order of the Day for Wednesday, 23 September 2009.

 

Postponement
of Business.

  10.

The Hon. R. P. Wortley, pursuant to notice, moved - That the Report of the Environment, Resources and Development Committee on Desalination at Port Bonython, be noted.

                 On motion of the Hon. J.S.L. Dawkins, the debate was adjourned until Wednesday, 23 September 2009.

 

Environment,
Resources and
Development
Committee - Report
on Desalination at
Port Bonython, be noted -
Motion re.

  11.

The Hon. J.S.L. Dawkins, pursuant to notice, moved - That the Report of the Select Committee on Conduct by PIRSA in Fishing of Mud Cockles in Marine Scalefish and Lakes and Coorong Pipi Fisheries, be noted.

                 On motion of the Hon. I. K. Hunter, the debate was adjourned until Wednesday, 23 September 2009.

 

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

  12.

Ordered - That Orders of the Day (Private Business) No. 1 to No. 7 be Orders of the Day for Wednesday, 23 September 2009.

 

Postponement
of Business.

  13.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. R. P. Wortley - That the Report of the Natural Resources Committee on Adelaide and Mount Lofty Ranges Natural Resources Management Board Levy Proposal, 2009-2010, be noted:

                 Debate resumed.

                 Question put and passed.

Natural Resources
Committee - Report
on Adelaide and
Mount Lofty Ranges
Natural Resources
Management Board
Levy Proposal
2009-2010, be noted -
Motion re.

  14.

Ordered - That Orders of the Day (Private Business) No. 9 to No. 16 be Orders of the Day for Wednesday, 23 September 2009.

 

Postponement
of Business.

  15.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. I. K. Hunter - That the Report of the Social Development Committee on a Review of the Department of Health Report into Hypnosis, be noted:

                 Debate resumed.

                 Question put and passed.

 

Social Development
Committee - Report
on Review of the
Department of
Health Report into
Hypnosis, be noted -
Motion re.

  16.

Ordered - That Orders of the Day (Private Business) No. 18 to No. 27 be Orders of the Day for Wednesday, 23 September 2009.

 

Postponement
of Business.

  17.

On the Order of the Day being read for the adjourned debate on the question - That the Classification (Publications, Films and Computer Games) (R 18+ Films) 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 to No. 7 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 Hon. D.G.E. Hood then moved - That the Standing Orders be so far suspended as to enable the Bill to pass through its remaining stages without delay.

Classification
(Publications, Films
and Computer
Games)
(R 18+ Films)
Amendment Bill.

 

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

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

Suspension of
Standing Orders.

  18.

Ordered - That Orders of the Day (Private Business) No. 29 to No. 31 be Orders of the Day for Wednesday, 23 September 2009.

 

Postponement
of Business.

19.

Ordered - That Order of the Day (Private Business) No. 32 be discharged.

 

Business
Discharged.

 

  20.

Ordered - That Orders of the Day (Private Business) No. 33 to No. 49 be Orders of the Day for Wednesday, 23 September 2009.

 

Postponement
of Business.

  21.

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

                 Debate resumed.

                 Question put and passed.

                 Bill read a second time.

                 Ordered - That the Bill’s consideration in Committee be an Order of the Day for Wednesday, 23 September 2009.

 

Coroners
(Recommendations)
Amendment Bill.

22.

The Minister for Mineral Resources Development, without notice, moved - That the Standing Orders be so far suspended as to enable him to move - That the Order made this day for Order of the Day (Private Business) No. 11 to be an Order of the Day for Wednesday, 23 September 2009, be rescinded and for the Order of the Day to be taken into consideration forthwith.

                 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 Mineral Resources Development then moved - That the Order made this day for Order of the Day (Government Business) No. 11 to be an Order of the Day for Wednesday, 23 September 2009, be rescinded and for the Order of the Day to be taken into consideration forthwith.

                 Question put and passed.

 

Rescission of
Order.

23.

On the Order of the Day being read for the adjourned debate on the question - That the Serious and Organised Crime (Control) (Close Personal Associates) Amendment Bill be now read a second time:

                 Ordered - That the Order of the Day be discharged.

Serious and
Organised Crime
(Control) (Close
Personal Associates)
Amendment Bill.

 

                 The Hon. D. N. Winderlich then moved - That the Serious and Organised Crime (Control) (Close Personal Associates) Amendment Bill be withdrawn.

                 Question put and passed.

                 Bill withdrawn.

 

Bill Withdrawn.

  24.

Ordered - That all remaining Orders of the Day (Private Business) be Orders of the Day for Wednesday, 23 September 2009.

 

Postponement
of Business.

  25.

The Minister for State/Local Government Relations, pursuant to notice, moved - That she have leave to introduce a Bill for an Act to amend the Liquor Licensing Act 1997.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Minister for State/Local Government Relations then moved - That the Bill be now read a second time.

                 On motion of the Hon. S. G. Wade, the debate was adjourned until next day of sitting.

 

Liquor Licensing
(Producers,
Responsible Service
and Other Matters)
Amendment Bill.

26.

Ordered - That Orders of the Day (Government Business) No. 1 and No. 2 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

  27.

Ordered - That Orders of the Day (Government Business) No. 3 and No. 4 be postponed and taken into consideration after Order of the Day (Government Business) No. 5.

 

Postponement
of Business.

  28.

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.

                 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.

 

Harbors and
Navigation
(Miscellaneous)
Amendment Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 7 agreed to.

                          Schedule amended and 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 an amendment; 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.

 

 

  29.

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.

                 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. 7 agreed to.

                          Title agreed.

_____________________

 

                 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 Mineral Resources Development, 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
(Property Offences)
Bill.

30.

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

 

Postponement
of Business.

31.

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

Message No. 85

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Fire and Emergency Services Act 2005, to which it desires the concurrence of the Legislative Council.

House of Assembly, 8 September 2009.                                                    J. J. SNELLING, Speaker.

                 Bill read a first time.

                 The Minister for Mineral Resources Development then moved - That this Bill be now read a second time.

                 On motion of the Hon. S. G. Wade, the debate was adjourned until next day of sitting.

 

Messages from
House of Assembly:
Fire and Emergency
Services (Review)
Amendment Bill.

 

Message No. 86

                 MR. PRESIDENT - The House of Assembly informs the Legislative Council that it has appointed the Hon. I. F. Evans to the Legislative Review Committee in place of Mrs. Redmond, resigned.

House of Assembly, 9 September 2009.                                                    J. J. SNELLING, Speaker.

 

Legislative Review
Committee.

32.

Ordered - That the Council, at its rising, do adjourn until tomorrow at eleven o’clock a.m.

 

Next Day of Sitting.

33.

Council adjourned at thirty minutes past six o’clock until tomorrow at eleven o’clock a.m.

 

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