SOUTH AUSTRALIA]

No. 19

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

THURSDAY  11  JULY  2002

 

 

 

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

                 By the Hon. S. M. Kanck from 161 residents of South Australia concerning the Statute of Limitations in South Australia on Child Sexual Abuse.  The Petitioners pray that this Honourable House will -

              Introduce a Bill to address this problem, allowing victims to have their cases dealt with appropriately, recognising the criminal nature of the offence; and

              See that these offences committed before 1982 in South Australia are open to prosecution as they are within all other States and Territories in Australia.

Petitions -
No. 8 - Statute of
Limitations in
South Australia
on  Child Sexual
Abuse.

 

 

                 By the Hon. S. M. Kanck from 60 residents of South Australia concerning nuclear reactors at Lucas Heights.  The Petitioners pray that this Honourable House will call on the Federal Government to halt the nuclear reactor project and urgently seek alternative sources for medical isotopes and resist at every turn the plan to make South Australia the nation’s nuclear waste dumping ground.

 

No. 9-
Nuclear Reactors
at Lucas Heights.

 

   3.

The Minister for Agriculture, Food and Fisheries (The Hon. P. Holloway) tabled a copy of a Ministerial Statement made by the Minister for Energy (The Hon. P. F. Conlon, M.P.) concerning South Australian Natural Gas Prices.

 

Paper Tabled.

    4.

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

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

                 Budget Paper No. 1, 2002-2003 - Budget at a Glance.

                 Budget Paper No. 2, 2002-2003 - Budget Speech.

                 Budget Paper No. 3, 2002-2003 - Budget Statement.

                 Budget Paper No. 4, Volumes 1 and 2, 2002-2003 - Portfolio Statements.

                 Budget Paper No. 5, 2002-2003 - Capital Investment Statement.

 

Papers.

   5.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Agricultural and Veterinary Products (Control of Use) Bill.

 

In the Committee

 

                          New clauses No. 22A and 22B:

Agricultural and Veterinary Products (Control of Use) Bill.

 

                 The Hon. I. Gilfillan moved on page 17, after line 14, to insert new clauses as follow:

Registration of trade protection orders

         22A. (1) The Minister may, in the case of a trade protection order that affects land, provide the Registrar-General with notice, in a form determined by the Registrar-General, setting out details of the trade protection order.

         (2) On receipt of a notice under subsection (1), the Registrar-General must, in relation to the land referred to in the notice, enter a note of the order against the relevant instrument of title, including the date on which the order is due to expire.

         (3) If the Minister has provided the Registrar-General with notice of the order under subsection (1) and the Minister subsequently varies or revokes the order, the Minister must notify the Registrar-General of the variation or the revocation.

         (4) The Registrar-General must then make a note of the variation or the revocation (as the case may be) on the instrument of title.

Public register of trade protection orders

         22B. (1) The Minister must maintain a public register of trade protection orders.

         (2) The register must contain the details of the order including the grounds for issuing the order.

         (3) The public register is to be available for inspection, without fee, during ordinary business hours at a public office, or public offices, determined by the Minister.

       (4) The Minister must ensure that copies of material on the public register can be purchased for a reasonable fee at the public office, or public offices, at which the register is kept available for inspection.”

                 Question - That new clause No. 22A, as proposed to be inserted by the Hon. I. Gilfillan, be so inserted - put and negatived.

                 Question - That new clause No. 22B, as proposed to be inserted by the Hon. I. Gilfillan, be so inserted - put and negatived.

                          Clauses No. 23 to No. 37 agreed to.

                 The Hon. I. Gilfillan moved on page 24, after line 33, to insert new clause as follows:

 “Notification of suspected contamination of land

         37A. If a compliance order is issued by the Minister for the purposes of seeking compliance with the general duty under section 5, in circumstances where there are reasonable grounds for believing that there has been contamination of land that is not trivial taking into account current or proposed land uses, the Minister must give written notification of the order and a description of the circumstances to—

(a)   the Environment Protection Authority established under the Environment Protection Act 1993; and

(b)   in the case of land situated in the area of a local government council—the relevant council.”

                 Question - That new clause No. 37A, as proposed to be inserted by the Hon. I. Gilfillan, be so inserted - put.

 

 

             Committee divided:

Ayes, 7

The Hon. T. G. Cameron

The Hon. M. J. Elliott

The Hon. A. L. Evans

The Hon. S. M. Kanck

The Hon. J. F. Stefani

The Hon. N. Xenophon

The Hon. I. Gilfillan (Teller)

 

 

 

 

 

 

         So it passed in the negative.

 

Noes, 13

The Hon. J.S.L. Dawkins

The Hon. G. E. Gago

The Hon. J. Gazzola

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. D. W. Ridgway

The Hon. T. G. Roberts

The Hon. C. V. Schaefer

The Hon. R. K. Sneath

The Hon. T. J. Stephens

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

 

 

                          Clauses No. 38 to No. 43 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 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.

 

 

   6.

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

                 Debate resumed.

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

 

Education
(Compulsory
Education Age)
Amendment Bill.

   7.

Ordered - That Order of the Day (Government Business) No. 3 be discharged.

 

Business
Discharged.

   8.

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

 

Postponement
of Business.

   9.

The Minister for Agriculture, Food and Fisheries tabled a copy of a Ministerial Statement made by the Premier (The Hon. M. D. Rann, M.P.) concerning Continued Funding for the Drug Court.

 

Paper Tabled.

  10.

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

Message No. 12

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to make provision for the restructuring of the National Wine Centre, the leasing of Centre land and other dealings with assets and liabilities of the Centre; to repeal the National Wine Centre Act 1997; and for other purposes, to which it desires the concurrence of the Legislative Council.

House of Assembly, 10 July 2002.                                                                  R. B. SUCH, Deputy Speaker.         Bill 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. J S.L. Dawkins, the debate was adjourned until next day of sitting.

 

Messages from
House of
Assembly:
National Wine
Centre
(Restructuring
and Leasing
Arrangements)
Bill.

 

Message No. 13

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Liquor Licensing Act 1997, to which it desires the concurrence of the Legislative Council.

House of Assembly, 10 July 2002.                                                                  R. B. SUCH, Deputy Speaker.         Bill 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.

 

Liquor Licensing
(Miscellaneous)
Amendment Bill.

11.

Council adjourned at ten minutes past five o’clock until Monday next 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. M. J. Elliott

The Hon. A. L. Evans

The Hon. G. E. Gago

The Hon. J. Gazzola

The Hon. I. Gilfillan

 

The Hon. P. Holloway

The Hon. S. M. Kanck

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. A. J. Redford

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