SOUTH AUSTRALIA]

No. 17

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY  11  NOVEMBER  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.

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

Message No. 2.

                 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. 40 of 2003 - An Act to amend the Administration and Probate Act 1919.

                 No. 41 of 2003 - An Act to protect animal health, safety and welfare and the public interest by providing for the registration of veterinary surgeons; to regulate the provision of veterinary treatment for the purposes of maintaining high standards of competence and conduct by veterinary surgeons; to repeal the Veterinary Surgeons Act 1985; and for other purposes.

                 No. 42 of 2003 - An Act to repeal the Dried Fruits Act 1993.

                 No. 43 of 2003 - An Act to amend the Cooper Basin (Ratification) Act 1975.

                 No. 44 of 2003 - An Act to make minor amendments of a statute law revision nature to various Acts and to repeal various Acts.

                 No. 45 of 2003 - An Act to validate certain administrative acts and payments and to make a related amendment to the Emergency Services Funding Act 1998.

Government House, Adelaide.                                          MARJORIE JACKSON-NELSON, Governor.

11 November 2003.

 

Message from
Governor:
Assent to Bills.

 

    3.

Answer to Question on Notice No. 97 received this day was tabled by the President who directed that it be distributed and printed in Hansard.

 

Answer to
Question on
Notice.

 

    4.

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

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

                 Reports, 2002-2003 -

                          Attorney-General’s Department Incorporating the Department of Justice.

                          Commissioner for Consumer Affairs.

                          Legal Practitioners Conduct Board.

                          Section 71 of the Evidence Act 1929 - Suppression Orders Report of the Attorney-General.

                          State Emergency Service.

                 Regulations under the following Acts -

                          Electricity Act 1996 - ASCOSA.

                          Emergency Services Funding Act 1998 - Remissions.

                          Firearms Act 1977 - Exhibitors Exemption.

                          Fisheries Act 1982 - Northern Zone Rock Lobster -

                                   Fish Processors.

                                   General.

                                   Quota System.

                                   Vessel Monitoring.

                          Gas Act 1997 - Ombudsman.

                          Land and Business (Sale and Conveyancing ) Act 1994 - Instalment Contracts.

                          Liquor Licensing Act 1997 -

                                   Exemption North East Schools.

                                   Long Term Dry Areas - Adelaide, North Adelaide.

                                   Short Term Dry Area - Victor Harbor.

                          Public Corporations Act 1993 -

                                   Industrial and Commercial Premises Corp Revocation.

                                   Land Management Corp Revocation.

                                   SA Athletics Stadium.

                                   World Police and Fire Games.

                          Victims of Crime Act 2001 - Fund and Levy.

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

                 Reports, 2002-2003 -

                          Adelaide Cemeteries Authority.

                          Adelaide Central Community Health Service.

                          Booleroo Centre District Hospital and Health Services Inc.

                          Bordertown Memorial Hospital Incorporated.

                          Ceduna District Health Services Inc.

                          Central Yorke Peninsula Hospital Inc.

                          Child and Youth Health.

                          Crystal Brook District Hospital Inc.

                          Department for Business, Manufacturing and Trade.

                          Eastern Eyre Health and Aged Care Inc.

                          Gawler Health Service.

                          Hawker Memorial Hospital Inc.

                          Independent Gambling Authority.

                          Independent Living Centre.

                          Kangaroo Island Health Service.

                          Kingston Soldiers’ Memorial Hospital Inc.

                          Land Board.

                          Leigh Creek Health Service Inc.

                          Local Government Grants Commission - South Australia.

                          Local Government Superannuation Board.

                          Lower Eyre Health Services Inc.

                          Loxton Hospital Complex Incorporated.

                          Mallee Health Service Inc. - Karoonda, Lameroo and Pinnaroo.

                          Mid North Regional Health Service Inc.

                          Mount Barker District Soldiers’ Memorial Hospital.

                          Murray Bridge Soldiers’ Memorial Hospital.

                          Naracoorte Health Service Inc.

                          National Road Transport Commission.

                          Northern Adelaide Hills Health Service.

                          Northern and Far West Regional Health Service.

                          Northern Yorke Peninsula Health Service.

                          Nurses Board of South Australia.

                          Office of the Liquor and Gambling Commissioner - Gaming Machines Act 1992.

                          Orroroo and District Health Service.

                          Outback Areas Community Development Trust.

                          Penola War Memorial Hospital Inc.

                          Peterborough Soldiers Memorial Hospital and Health Service Inc.

                          Playford Centre.

                          Port Augusta Hospital and Regional Health Services Inc.

                          Port Broughton District Hospital and Health Services Inc.

                          Port Lincoln Health Services.

                          Port Pirie Regional Health Service Inc.

                          Public and Environmental Health Council.

                          Renmark Paringa District Hospital Inc.

                          Repatriation General Hospital Inc.

                          Riverland Regional Health Service Inc.

                          Rocky River Health Service Inc.

                          SA Dental Services.

                          SA Water.

                          St. Margaret’s Rehabilitation Hospital Incorporated.

                          Strathalbyn and District Health Service.

                          Tailem Bend District Hospital.

                          The Jamestown Hospital and Health Service Inc.

                          The Mannum District Hospital Inc. Incorporating Mannum Domiciliary Care Service.

                          The Whyalla Hospital and Health Services Inc.

                          The Women’s and Children’s Hospital and WCH Foundation Inc.

                          West Beach Trust.

                          Wilderness Protection Act 1992 - South Australia.

                 Regulation under the following Act -

                          South Australian Health Commission Act 1976 - Outreach Services Private Patients.

 

Papers.

 

   5.

The Minister for Agriculture, Food and Fisheries tabled a copy of a Ministerial Statement made by the Attorney-General (The Hon. M. J. Atkinson, M.P.) concerning Additional Ongoing Funding to the Office of the Director of Public Prosecutions from 2003-2004.

 

Ministerial
Statement Tabled.

 

   6.

The Minister for Aboriginal Affairs and Reconciliation tabled a copy of a Ministerial Statement made by the Minister for Social Justice (The Hon. S. W. Key, M.P.) concerning Supported Residential Facilities.

 

Ministerial
Statement Tabled.

 

   7.

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. N. Xenophon to complete his question to the Minister 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.

 

   8.

The Minister for Agriculture, Food and Fisheries, according to order, moved - That the Education (Materials and Services Charges) Amendment Bill be now read a second time.

                 On motion of the Hon. G. E. Gago, the debate was adjourned until next day of sitting.

 

Education
(Materials and
Services Charges)
Amendment Bill.

 

 

   9.

Ordered - That Orders of the Day (Government Business) No. 2 and No. 3 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

10.

Ordered - That Order of the Day (Government Business) No. 4 be postponed and taken into consideration on motion.

 

Postponement
of Business.

 

11.

Ordered - That Orders of the Day (Government Business) No. 5 to No. 13 be postponed and taken into consideration after Order of the Day (Government Business) No. 14.

 

Postponement
of Business.

 

12.

On the Order of the Day being read for the adjourned debate on the question - That the National Electricity (South Australia) (New Penalty) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. C. V. Schaefer, the debate was adjourned until next day of sitting.

 

National Electricity
(
South Australia)
(No Penalty)
Amendment Bill.

 

13.

On the Order of the Day being read for the adjourned debate on the question - That the Superannuation Funds Management Corporation of South Australia (Miscellaneous) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. C. V. Schaefer, the debate was adjourned until next day of sitting.

 

Superannuation
Funds Management
Corporation of
South Australia
(Miscellaneous)
Amendment Bill.

 

14.

On the Order of the Day being read for the adjourned debate on the question - That the Authorised Betting Operations (Licence and Permit Conditions) Amendment 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.

 

Authorised Betting
Operations
(Licence and
Permit Conditions)
Amendment Bill.

 

15.

Ordered - That Order of the Day (Government Business) No. 7 be postponed and taken into consideration on motion.

 

Postponement
of Business.

 

16.

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.

 

17.

On the Order of the Day being read for the adjourned debate on the question - That the Lottery and Gaming (Lottery Inspectors) 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.

 

Lottery and Gaming
(Lottery Inspectors)
Amendment Bill.

 

18.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (Investigation and Regulation of Gambling Licensees) 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
(Investigation
and Regulation of
Gambling Licensees)
Bill.

19.

Ordered - That the adjourned debate on the question - That the Law Reform (Ipp Recommendations) Bill be now read a second time - be now resumed:

                 Debate resumed.

                 On motion of the Hon. R. K. Sneath, the debate was adjourned until next day of sitting.

 

Law Reform (Ipp
Recommendations)
Bill.

20.

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

 

In the Committee

 

                          Clauses No. 1 to No. 3 agreed to.

                 The Hon. R. D. Lawson moved on page 2, after line 10, to insert new subclause as follows:

                          “(a1)    Section 6(1)(e)—delete paragraph (e) and substitute:

                                       (e)     cannot be given after the expiry of—

(i)     in the case of an offence against section 79B of the Road Traffic Act 1961—the period of 3 months from the date on which the offence was, or offences were, alleged to have been committed; or

(ii) in any other case—the period of 6 months from the date on which the offence was, or offences were, alleged to have been committed; and”.

                 Question - That the amendment be agreed to - put.

Statutes
Amendment
(Expiation of
Offences)
Amendment Bill.

 

 

             Committee divided:

Ayes, 9

The Hon. J.S.L. Dawkins

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. T. J. Stephens

The Hon. R. D. Lawson (Teller)

 

 

 

      So it passed in the negative.

 

Noes, 12

The Hon. T. G. Cameron

The Hon. A. L. Evans

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. K. J. Reynolds

The Hon. T. G. Roberts

The Hon. R. K. Sneath

The Hon. N. Xenophon

The Hon.C. Zollo

The Hon. P. Holloway (Teller)

 

 

 

 

                          Clause No. 4 agreed to.

                          Clauses No. 5 to No. 9 agreed to.

                          Clause No. 10 amended and agreed to.

                          New clause No. 10A inserted.

                          Clause No. 11 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 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.

 

 

 

21.

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

 

Postponement
of Business.

 

22.

The following Message from the House of Assembly was received and read -

Message No. 27

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Survey Act 1992, with the amendment indicated by the annexed Schedule, to which amendment the House of Assembly desires the concurrence of the Legislative Council.

House of Assembly, 10 November 2003.                                                                     I. P. LEWIS, Speaker.

 

Message from
House of Assembly:
Survey
(Miscellaneous)
Amendment Bill.

 

 

 

Schedule of the amendment made by the House of Assembly

No. 1.      New Clause -

                 After clause 21 insert:

                         21A—Amendment of section 51—Surveys within Confused Boundary Area

                                 Section 51after subsection (12) insert:

(12a)    No compensation is payable by any person as a result of land boundaries determined under this section.

D. A. BRIDGES, Clerk of the House of Assembly.

                 Ordered - That the Message be taken into consideration on next day of sitting.

 

 

 

23.

Council adjourned at twenty-three minutes to 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. G. E. Gago

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