SOUTH AUSTRALIA]

No. 51

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

THURSDAY  10  APRIL  2008

 

 

 

   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 Police (The Hon. P. Holloway), by leave, without notice, moved - That the sitting of the Council be not suspended during the continuation of the Conference on the Legal Profession Bill.

                 Question put and passed.

 

Legal Profession
Bill.

   3.

The Clerk announced that the following Petitions had been lodged for presentation:

                 By the Hon S. M. Kanck from 74 residents of South Australia, concerning the extraction of water from the River Murray.  The Petitioners pray that this Honourable House will do all in its power to promote the buy-back of water allocations by State and Federal Governments in order to improve environmental flows and support sustainable agriculture.

Petitions:
No. 22 - Water
Allocations and
River
Murray
Environmental
Flows.

 

                 By the Hon S. M. Kanck from 16 residents of South Australia, concerning South Australia’s urban trees.  The Petitioners pray that this Honourable House will either reject the Government’s Development (Regulated Trees) Amendment Bill, or amend it sufficiently to ensure it protects our urban trees.

 

No. 23 -
Urban Trees.

    4.

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

        By the Minister for Emergency Services (The Hon. C. Zollo) -

                 Department of Further Education, Employment, Science and Technology - Report, 2007.

        By the Minister for Environment and Conservation (The Hon. G. E. Gago) -

                 Metropolitan Domiciliary Care - Report, 2006-2007.

                 South Australian Council on Reproductive Technology - Report, 2007.

                 Harms Associated with the Practice of Hypnosis and the Possibility of Developing a Code of Conduct for Registered and Unregistered Health Practitioners - Report, April 2008.

                 Environment, Resources and Development Committee Coastal Development Inquiry Report - Whole of Government Response.

 

Papers.

   5.

The Minister for Police, by leave, tabled a copy of a Ministerial Statement made by the Premier (The Hon. M. D. Rann, M.P.) concerning Dangerous Offenders.

 

Ministerial
Statement Tabled.

 

   6.

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.

 

   7.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Controlled Substances (Drug Detection Powers) Amendment Bill.

 

In the Committee

 

                          Clause No. 1 read.

                 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 next day of sitting.

 

Controlled
Substances (Drug
Detection Powers)
Amendment Bill.

   8.

Ordered - That Order of the Day (Government Business) No. 4 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 Firearms (Firearms Prohibition Orders) Amendment Bill.

 

In the Committee

 

                          Clause No. 1 read.

                 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 next day of sitting.

 

Firearms (Firearms
Prohibition Orders)
Amendment Bill.

10.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Statutes Amendment (Police Superannuation) Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 32 agreed to.

                          The Hon. M. C. Parnell moved on page 12, after line 26, to insert new Clause No. 32A as follows:

                 32A—Amendment of section 7A—Accretions to members' accounts

Section 7A—after subsection (3) insert:

     (3a)      If members are permitted by the Board to nominate a class or combination of classes of investments, the option of nominating a class of investments based on consideration of the impact of the investments on society and the environment must be made available to members (subject to terms and conditions determined by the Board).”.

                          Question - That new Clause No. 32A, as proposed to be inserted by the Hon. M. C. Parnell, be so inserted - put.

Statutes
Amendment
(Police
Superannuation) Bill.

 

             Committee divided:

Ayes, 10

The Hon. J. A. Darley

The Hon. J.S.L. Dawkins

The Hon. S. M. Kanck

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. T. J. Stephens

The Hon. S. G. Wade

The Hon. M. C. Parnell (Teller)

      So it was resolved in the affirmative.

 

Noes, 9

The Hon. A. M. Bressington

The Hon. A. L. Evans

The Hon. B. V. Finnigan

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. D.G.E. Hood

The Hon. I. K. Hunter

The Hon. R. P. Wortley

The Hon. P. Holloway (Teller)

 

 

                          New Clause No. 32A inserted.

                          Clauses No. 33 to No. 43 agreed to.

                          New Clause No. 43A inserted.

                          Clause No. 44 agreed to.

                          Clause No. 45 amended and agreed to.

                          New Clause 45A inserted.

                          New Clause 45B inserted.

                          Clauses No. 46 to No. 51 agreed to.

                          New Clause No. 51A inserted.

                          Clause No. 52 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 with amendments; whereupon the Council adopted such report.

                 The Minister for Police, 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.

 

 

11.

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

 

Statutes Amendment
(Real Property) Bill.

 

12.

The Minister for Environment and Conservation, by leave, tabled a copy of a Ministerial Statement made by the Minister for Health (The Hon. J. D. Hill, M.P.) concerning the Reduction of Blood Lead Levels in Children in Port Pirie.

 

Ministerial
Statement Tabled.

13.

The Minister for Environment and Conservation, by leave, tabled a copy of a Ministerial Statement made by the Minister Assisting the Premier in the Arts (The Hon. J. D. Hill, M.P.) concerning the Ring Cycle.

 

Ministerial
Statement Tabled.

14.

Ordered - That Orders of the Day (Government Business) No. 8 and No. 9 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

15.

The Minister for Police, without notice, moved - That the Standing Orders be so far suspended to enable him to move - That the Order made this day for Order of the Day (Government Business) No. 9 to be an Order of the Day for next day of sitting, 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 Police then moved - That the Order made this day for Order of the Day (Government Business) No. 9 to be an Order of the Day for next day of sitting be rescinded and for the Order of the Day to be taken into consideration forthwith.

                 Question put and passed.

 

Rescission of
Order.

16.

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

Debate resumed.

                 On motion of the Hon. D. W. Ridgway, the debate was adjourned until next day of sitting.

 

Stamp Duties
(Trusts) Amendment
Bill.

 

17.

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

Message No. 84

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Workers Rehabilitation and Compensation Act 1986, to which it desires the concurrence of the Legislative Council.

House of Assembly, 10 April 2008.                                                                     J. J. SNELLING, Speaker.

                 Bill read a first time.

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

                 On motion of the Hon. D. W. Ridgway, the debate was adjourned until next day of sitting.

 

Messages from
House of Assembly:
Workers
Rehabilitation and
Compensation
(Scheme Review)
Amendment Bill.

 

 

Message No. 85

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Landlord and Tenant Act 1936, to which it desires the concurrence of the Legislative Council.

House of Assembly, 10 April 2008.                                                                     J. J. SNELLING, Speaker.

                 Bill read a first time.

                 Ordered - That the second reading be an Order of the Day for Wednesday, 30 April 2008.

 

Landlord and Tenant
(Distress for Rent -
Health Records
Exemption)
Amendment Bill.

 

18.

Ordered - That at its rising the Council do adjourn until Tuesday, 29 April 2008.

 

Next Day of Sitting.

19.

Council adjourned at eight minutes to six o’clock until Tuesday, 29 April 2008, at fifteen minutes past two o’clock.

 

Adjournment.

 

_________________________

 

 

 

 

 

Members present during any part of the sitting:

 

 

 

The Hon. A. M. Bressington

The Hon. J. A. Darley

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

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. S. M. Kanck

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. R. P. Wortley

The Hon. C. Zollo