SOUTH AUSTRALIA]

No. 45

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY  12  APRIL  2005

 

 

 

   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 following Papers were laid upon the Table, viz.:

        By the President -

                 Barossa Council Area - Report, 2003-2004.

        By the Minister for Industry and Trade (The Hon. P. Holloway) on behalf of the Minister for Aboriginal Affairs and Reconciliation (The Hon. T. G. Roberts) -

                 Regulations under the following Act -

                          Water Resources Act 1997 -

                                   Licence and Permit Fees.

                                   Marne River and Sanders Creek.

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

                 Citrus Board of South Australia - Report for year ended 30 April 2004.

                 Sabor Ltd. - Financial Report, 2003-2004.

                 Reports, 2004 -

                          Department of Further Education, Employment, Science and Technology.

                          Training and Skills Commission.

                 Rule under Act -

                          Local Government - Local Government Superannuation Scheme - Marketlink Basic Insurance Benefit.

 

Papers.

 

   3.

The Minister for Industry and Trade, without notice, moved - That the Standing Orders be so far suspended as to enable him to move a Motion without Notice concerning the appointment of a Member to the Occupational Safety, Rehabilitation and Compensation Committee.

                 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 Industry and Trade then moved - That, pursuant to section 21(3) of the Parliamentary Committees Act 1991, the Hon. N. Xenophon be appointed to the Occupational Safety, Rehabilitation and Compensation Committee in place of the Hon. I. Gilfillan, resigned.

                 Question put and passed.

 

Occupational Safety,
Rehabilitation and Compensation Committee -
Member replaced.

 

 

   4.

The Minister for Industry and Trade tabled a copy of a Ministerial Statement made by the Premier, (The Hon. M. D. Rann, M.P.) concerning the River Murray.

 

Ministerial
Statement Tabled.

 

   5.

The Minister for Industry and Trade, without notice, moved - That the Standing Orders be so far suspended as to enable Question Time to be extended to enable the Hon. J.M.A. Lensink to complete her question to him 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.

 

   6.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 4 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

   7.

Ordered - That Orders of the Day (Government Business) No. 5 to No. 9 be postponed and taken into consideration after Order of the Day (Government Business) No. 10.

 

Postponement
of Business.

 

   8.

 

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the National Electricity (South Australia) (New Electricity Law) Amendment Bill.

 

In the Committee

 

                                   Clause No. 12 further considered.

National Electricity
(South Australia)
(New Electricity
Law)
Amendment Bill.

 

 

                          The Minister for Industry and Trade, by leave, tabled a copy of the Exposure Draft of the National Electricity (South Australia) Regulations 2005, together with a document entitled “Part D - Transitional Arrangement for South Australia”, including attachments.

                          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 motion.

 

Documents
Tabled.

 

   9.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (Liquor, Gambling and Security Industries) 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
(Liquor, Gambling
and Security
Industries) Bill.

 

10.

Ordered - That Orders of the Day (Government Business) No. 6 to No. 8 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

11.

On the Order of the Day being read for the adjourned debate on the question - That the Parliamentary Superannuation (Scheme for New Members) 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 next day of sitting.

 

Parliamentary
Superannuation
(Scheme for
New Members)
Amendment Bill.

 

12.

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

Message No. 53

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith entitled a Bill for an Act to continue and enhance the commemoration of ANZAC Day as a day of national significance; to make a related amendment to the Lottery and Gaming Act 1936; and for other purposes, to which it desires the concurrence of the Legislative Council.

House of Assembly, 11 April 2005.                                                                              R. B. SUCH, Speaker.

                 Bill read a first time.

                 Ordered - That the second reading be postponed and taken into consideration on motion.

 

Messages from
House of Assembly:
ANZAC Day
Commemoration
Bill.

 

 

 

Message No. 54

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith entitled a Bill for an Act to protect the health and safety of the public by providing for the registration of chiropractors, osteopaths, chiropractic students and osteopathy students; to regulate the provision of chiropractic and osteopathy for the purpose of maintaining high standards of competence and conduct by those who provide it; to repeal the Chiropractors Act 1991; and for other purposes, to which it desires the concurrence of the Legislative Council.

House of Assembly, 11 April 2005.                                                                              R. B. SUCH, Speaker.

 

Chiropractic and
Osteopathy
Practice Bill.

 

 

 

                 Bill read a first time.

                 Ordered - That the second reading be postponed and taken into consideration on motion.

 

 

 

 

Message No. 55

                 MR. PRESIDENT - The House of Assembly has agreed to the amendments made by the Legislative Council in the Podiatry Practice Bill without amendment.

House of Assembly, 11 April 2005.                                                                              R. B. SUCH, Speaker.

 

Podiatry Practice
Bill.

 

 

 

Message No. 56

                 MR. PRESIDENT - The House of Assembly has agreed to the amendments made by the Legislative Council in the Statutes Amendment (Drink Driving) Bill without amendment.

House of Assembly, 11 April 2005.                                                                              R. B. SUCH, Speaker.

 

Statutes
Amendment
(Drink Driving)
Bill.

 

13.

Ordered - That Orders of the Day (Government Business) No. 11 to No. 22 be postponed and taken into consideration after Order of the Day (Government Business) No. 23.

 

Postponement
of Business.

 

14.

The Minister for Emergency Services, according to order, moved - That the Statutes Amendment (Environment and Conservation Portfolio) Bill be now read a second time.

                 On motion of the Hon. R. D. Lawson, the debate was adjourned until next day of sitting.

 

Statutes Amendment
(Environment and
Conservation
Portfolio) Bill.

 

 

15.

Ordered - That Order of the Day (Government Business) No. 11 be postponed and taken into consideration on motion.

 

Postponement
of Business.

 

16.

 

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the National Electricity (South Australia) (New Electricity Law) Amendment Bill.

 

In the Committee

 

                                   Clause No. 12 further considered.

                          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 motion.

 

National Electricity
(South Australia)
(New Electricity
Law)
Amendment Bill.

 

17.

Ordered - That Orders of the Day (Government Business) No. 12 to No. 14 be postponed and taken into consideration after Order of the Day (Government Business) No. 15.

 

Postponement
of Business.

 

18.

On the Order of the Day being read for the adjourned debate on the question - That the Oaths (Abolition of Proclaimed Managers) 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 postponed and taken into consideration on motion.

 

Oaths (Abolition
of Proclaimed
Managers)
Amendment Bill.

 

19.

 

At one minute past six o’clock the sitting was suspended until the ringing of the bells.

                 At fifteen minutes to eight o’clock the sitting was resumed.

 

Suspension and
Resumption of
Sitting.

 

20.

 

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Oaths (Abolition of Proclaimed Managers) Amendment Bill.

 

In the Committee

 

                                   Clauses No. 1 to No. 9 agreed to.

                                   Schedule agreed to.

                                   Title agreed to.

_____________________

 

Oaths (Abolition
of Proclaimed
Managers)
Amendment Bill.

 

 

                 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 Industry and Trade, 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.

 

On the Order of the Day being read for the adjourned debate on the question - That the Motor Vehicles (Licences and Learner’s Permits) 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 next day of sitting.

 

Motor Vehicles
(Licences and
Learner’s Permits)
Amendment Bill.

 

22.

 

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the National Electricity (South Australia) (New Electricity Law) Amendment Bill.

 

In the Committee

 

                                   Clause No. 12 further considered.

                          The Hon. N. Xenophon moved on page 15, lines 32 to 37, to leave out all words in these lines and insert the following:

                                   “7—National electricity market objective

The national electricity market objective is to promote the economically efficient operation of the national electricity market for the long term interests of end-users of electricity with respect to price, quality, reliability, safety and security.”.

                          Question - That the amendment be agreed to - put and negatived.

                          The Hon. N. Xenophon moved on page 16, lines 1 to 3, to leave out all words in these lines and insert the following:

“(2)   A statement of policy principles issued by the MCE must be consistent with the national electricity market objective.”.

                          Question - That the amendment be agreed to - put and negatived.

                          The Hon. N. Xenophon moved on page 19, lines 32 to 34, to leave out all words in these lines and insert the following:

“(a)   give effect to the national electricity market objective; and”.

                          Question - That the amendment be agreed to - put and negatived.

                          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 motion.

 

National Electricity
(South Australia)
(New Electricity
Law)
Amendment Bill.

 

23.

 

At eighteen minutes to ten o’clock the sitting was suspended until the ringing of the bells.

                 At thirteen minutes past ten o’clock the sitting was resumed.

 

Suspension and
Resumption of
Sitting.

 

24.

 

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the National Electricity (South Australia) (New Electricity Law) Amendment Bill.

 

In the Committee

 

                                   Clause No. 12 further considered.

                          The Hon. N. Xenophon moved on page 20, line 8, line 14 and line 18 to leave out “efficient” and insert “economically” on each occasion.

                          Question - That the amendments be agreed to - put and negatived.

National Electricity
(South Australia)
(New Electricity
Law)
Amendment Bill.

 

 

                          The Hon. N. Xenophon moved on page 26, lines 23 to 27, to leave out all words in these lines and insert the following:

                                   “32—AEMC must give effect to national electricity market objective

In performing or exercising any function or power under this Law, the Regulations or the Rules, the AEMC must give effect to the national electricity market objective.”.

                          Question - That the amendment be agreed to - put and negatived.

                          The Hon. N. Xenophon moved on page 29, after line 29, to insert the following:

                                   “(aa)   be consistent with the national electricity market objective; and”.

                          Question - That the amendment be agreed to - put and negatived.

                          The Hon. N. Xenophon moved on page 31, after line 25, to insert the following:

 “(2a)   In performing or exercising any function or power under this Law or the Rules, the Reliability Panel must give effect to the national electricity market objective.”.

                          Question - That the amendment be agreed to - put and negatived.

                          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.

 

 

 

25.

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

 

Postponement
of Business.

 

26.

Council adjourned at twenty-five minutes to twelve o’clock midnight 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. 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