SOUTH AUSTRALIA]

No. 20

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  12  SEPTEMBER  2007

 

 

 

   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 Hon. J. M. Gazzola brought up the Sixth Report, 2007 of the Legislative Review Committee.

Legislative
Review
Committee -
Sixth Report,
2007.

 

   3.

The Minister for Police (The Hon. P. Holloway), by leave, tabled a copy of a Ministerial Statement made by the Premier (The Hon. M. D. Rann, M.P.) concerning the Appointments of Auditor-General and Former Auditor-General.

 

Ministerial
Statement Tabled.

   4.

The Minister for Emergency Services (The Hon. C. Zollo), by leave, tabled a copy of a Ministerial Statement made by the Minister for Education and Children’s Services (The Hon. J. Lomax-Smith, M.P.) concerning Legislative Reform Relating to Education.

 

Ministerial
Statement Tabled.

   5.

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

 

Statements on
Matters of Interest.

   6.

The Hon. M. C. Parnell, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Public Corporations Act 1993, the South Australian Water Corporation Act 1994 and the Waterworks Act 1932.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. M. C. Parnell then moved - That this Bill be now read a second time.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday, 26 September 2007.

 

Statutes Amendment
(Water Conservation
Target and
Sustainable Water
Resources) Bill.

 

   7.

The Hon. N. Xenophon, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to provide for entitlements to progress payments for persons who carry out construction work or who supply related goods and services under construction contracts; and to make a related amendment to the Commercial Arbitration and Industrial Referral Agreements Act 1986.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. N. Xenophon then moved - That this Bill be now read a second time.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday, 26 September 2007.

 

Building and
Construction
Industry Security
of Payment Bill.

   8.

The Hon. N. Xenophon, pursuant to notice, moved -

          “I.   That a Select Committee of the Legislative Council be appointed to inquire into and report on -

(a)     The role of SA Water in supporting water conservation and water security in South Australia.

(b)    The impact of the Government’s financial policies on the ability of SA Water to -

       i.    maintain and develop infrastructure;

      ii.    provide essential new supply capabilities;

     iii.    meet projected water demands; and

     iv.    provide network augmentation.

(c)     The role and effectiveness of SA Water in relation to water security and water conservation measures and including -

       i.    the efficacy of water restrictions;

      ii.    SA Water’s response to the 2005 “Waterproofing Adelaide” Strategy; and

     iii.    education of water users and advice on water conservation measures.

(d)    Opportunities to reform SA Water governance to assist in water conservation and water security, and in particular -

       i.    a review of relevant State legislation with respect to SA Water’s function, structure and accountability, including a review of SA Water’s charter; and

      ii.    a review of SA Water’s performance statements from Government.

(e)     Legislative and policy changes to address current impediments to water conservation and water recycling.

(f)     Leakage of water from SA Water infrastructure, especially -

       i.    the accuracy of measurement and report of leakage; and

      ii.    a review of SA Water Strategy to address wastage through leakage.

(g)    SA Water policy on alternative sourcing of potable water supplies, including engagement with the private sector; and

(h)    Any other matters.

          II.   That the Select Committee consist of seven Members and that the Quorum of Members necessary to be present at all meetings of the Committee be fixed at four Members and that Standing Order No. 389 be so far suspended as to enable the Chairperson of the Committee to have a deliberative vote only.

         III.   That this Council permits the Select Committee to authorise the disclosure or publication, as it sees fit, of any evidence or documents presented to the Committee prior to such evidence being reported to the Council.

         IV.   That Standing Order No. 396 be suspended to enable strangers to be admitted when the Select Committee is examining witnesses unless the Committee otherwise resolves, but they shall be excluded when the Committee is deliberating.”.

                 Debate ensued.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday, 26 September 2007.

 

Role of SA Water -
Select Committee
on -
Motion re.

    9.

The Hon. J.M.A. Lensink, pursuant to notice, moved - That the Regulations under the Prevention of Cruelty to Animals Act 1985, concerning Rodeos, made on 16 August 2007 and laid on the Table of this Council on 11 September 2007, be disallowed.

                 Debate ensued.

Prevention  of
Cruelty to Animals Act - Regulations -
Rodeos - Motion for
disallowance of.

 

                 The Hon. J.M.A. Lensink, by leave, tabled a copy of a letter from Mr. John Osborne, Executive Chairman, Australian Professional Rodeo Association Inc., to the Minister for Environment and Conservation (The Hon. G. E. Gago) dated 27 July 2007, together with a document titled “Rodeo Entries for the year ending 30 November 2001”.

                 On motion of the Hon. I. K. Hunter, the debate was adjourned until Wednesday, 26 September 2007.

 

Document Tabled.

10.

The Hon B. V. Finnigan, according to order, moved - That the Report of the Statutory Authorities Review Committee on an Inquiry into the Medical Board of South Australia, be noted.

                 On motion of the Hon. I. K. Hunter, the debate was adjourned until Wednesday, 26 September 2007.

 

Statutory Authorities
Review Committee -
Report on an Inquiry
into the Medical
Board of South
Australia be noted -
Motion re.

 

11.

The Hon. J. M. Gazzola, pursuant to notice, moved - That the Report of the Aboriginal Lands Parliamentary Standing Committee on its Inquiry into the Impact of Australian Government Changes to Municipal Services Funding Upon Four Aboriginal Communities in South Australia be noted.

                 On motion of the Hon. R. P. Wortley, the debate was adjourned until Wednesday, 26 September 2007.

 

Aboriginal Lands
Parliamentary
Standing
Committee - Report
on Inquiry into the
Impact of Australian
Government
Changes to
Municipal Services
Funding Upon Four
Aboriginal
Communities in
South Australia
be noted -
Motion re.

 

12.

Ordered - That Orders of the Day (Private Business) No. 3 to No. 10 be Orders of the Day for Wednesday, 26 September 2007.

 

Postponement
of Business.

13.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. M. C. Parnell - That this Council notes -

          “I.      the long running industrial dispute at Tristar Steering and Suspension Australia Limited; and

          II.      the location in Adelaide of the Company’s owners and directors,

        and calls on the Premier to convene a meeting of the parties to the dispute, with a view to assisting in its resolution.”.

                 Debate resumed.

                 Question put.

Industrial Dispute
at Tristar Steering
and Suspension
Australia Ltd. -
Motion re.

 

 

             Council divided:

Ayes, 6

The Hon. A. M. Bressington

The Hon. A. L. Evans

The Hon. D.G.E. Hood

The Hon. S. M. Kanck

The Hon. N. Xenophon

The Hon. M. C. Parnell (Teller)

 

 

 

 

 

 

 

 

 

      So it passed in the negative.

 

 

Noes, 15

The Hon. J.S.L. Dawkins

The Hon. B. V. Finnigan

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. I. K. Hunter

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

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. R. P. Wortley

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

14.

Ordered - That Orders of the Day (Private Business) No. 12 to No. 15 be Orders of the Day for Wednesday, 26 September 2007.

 

Postponement
of Business.

15.

On the Order of the Day being read for the adjourned debate on the question - That the Tobacco Products Regulation (Outdoor Eating Areas) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. I. K. Hunter, the debate was adjourned until Wednesday, 26 September 2007.

 

Tobacco Products
Regulation (Outdoor
Eating Areas)
Amendment Bill.

16.

Ordered - That Orders of the Day (Private Business) No. 17 to No. 19 be Orders of the Day for Wednesday, 26 September 2007.

 

Postponement
of Business.

17.

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

                 Debate resumed.

                 On motion of the Hon. I. K. Hunter, the debate was adjourned until Wednesday, 26 September 2007.

 

Summary Offences
(Schoolies Events)
Amendment Bill.

18.

Ordered - That Orders of the Day (Private Business) No. 21 to No. 29 be Orders of the Day for Wednesday, 26 September 2007.

 

Postponement
of Business.

19.

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

                 Debate resumed.

                 On motion of the Hon. R. P. Wortley, the debate was adjourned until Wednesday, 26 September 2007.

 

Statutes Amendment
(Gangs) Bill.

20.

Ordered - That Orders of the Day (Private Business) No. 31 and No. 32 be Orders of the Day for Wednesday, 26 September 2007.

 

Postponement
of Business.

21.

On the Order of the Day being read for the adjourned debate on the question - That the Security and Investigation Agents (Crowd Controller Licence Suspension) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. B. V. Finnigan, the debate was adjourned until Wednesday, 26 September 2007.

 

Security and Investigation Agents (Crowd Controller Licence Suspension) Amendment Bill.

22.

Ordered - That Orders of the Day (Private Business) No. 34 to No. 42 be Orders of the Day for Wednesday, 26 September 2007.

 

Postponement
of Business.

23.

Ordered - That the Orders of the Day (Government Business) No. 1 to No. 10 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

24.

The Minister for Environment and Conservation, according to order, moved - That the Penola Pulp Mill Authorisation Bill be now read a second time.

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

 

Penola Pulp Mill
Authorisation Bill.

 

25.

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

Message No. 33

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the South Australian Ports (Disposal of Maritime Assets) Act 2000, to which it desires the concurrence of the Legislative Council.

House of Assembly, 12 September 2007.                                                            J. J. SNELLING, Speaker.

                 Bill read a first time.

                 Ordered - That the second reading be an Order of the Day for next day of sitting.

 

Messages from
House of Assembly:
South Australian
Ports (Disposal of
Maritime Assets)
(Miscellaneous)
Amendment Bill.

 

 

Message No. 34

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Victims of Crime Act 2001; and to make a related amendment to the Criminal Law (Sentencing) Act 1988, to which it desires the concurrence of the Legislative Council.

House of Assembly, 12 September 2007.                                                            J. J. SNELLING, Speaker.

                 Bill read a first time.

                 The Minister for Environment and Conservation 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.

 

Victims of Crime
(Commissioner for
Victims’ Rights)
Amendment Bill.

 

26.

Council adjourned at twenty minutes past six o’clock until tomorrow at fifteen minutes past two o’clock.

 

Adjournment.

 

_________________________

 

 

 

 

 

 

 

 

 

 

 

Members present during any part of the sitting:

 

 

 

The Hon. A. M. Bressington

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. B. V. Finnigan

The Hon. G. E. Gago

The Hon. J. Gazzola

The Hon. D.G.E. Hood

 

The Hon. P. Holloway

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. N. Xenophon

The Hon. C. Zoll