SOUTH AUSTRALIA]

No. 18

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  12  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.

The following Paper was laid upon the Table, viz.:

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

                 Department of Primary Industries and Resources SA - Report, 2002-2003.

 

Paper.

 

   3.

The Minister for Aboriginal Affairs and Reconciliation (The Hon. T. G. Roberts) tabled a copy of a Ministerial Statement made by the Minister for Tourism (The Hon. J. D. Lomax-Smith, M.P.) concerning the Point Pearce Community and Wardang Island.

 

Ministerial
Statement Tabled.

 

   4.

The Minister for Aboriginal Affairs and Reconciliation tabled a copy of a Ministerial Statement made by the Minister Assisting the Minister for the Arts (The Hon. J. D. Hill, M.P.) concerning the Southern Cross Replica Aircraft.

 

Ministerial
Statement Tabled.

 

   5.

The Minister for Agriculture, Food and Fisheries, without notice, moved - That the Standing Orders be so far suspended as to enable Question Time to be extended to enable the Hon. A. L. Evans to ask a question of the Minister for Agriculture, Food and Fisheries 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.

The Minister for Agriculture, Food and Fisheries, without notice, moved - That the Standing Orders be so far suspended as to enable Question Time to be extended by one hour for the purpose of considering the Auditor-General’s Report.

                 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.

 

   7.

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

 

Statements on
Matters of Interest.

 

   8.

Ordered - That Notices of Motion (Private Business) No. 1 to No. 6 be Orders of the Day for Wednesday, 26 November 2003.

 

Postponement
of Business.

 

   9.

The Hon. N. Xenophon, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Casino Act 1997 and the Gaming Machines Act 1992.

                 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. R. K. Sneath, the debate was adjourned until Wednesday, 26 November 2003.

 

Statutes
Amendment
(Games and
Appeals) Bill.

 

10.

Ordered - separately - That Notices of Motion (Private Business) No. 9 and No. 10 be Orders of the Day for Wednesday, 26 November 2003.

 

Postponement
of Business.

 

11.

The Hon. R. K. Sneath, pursuant to notice, moved - That the Report of the Statutory Authorities Review Committee on an Inquiry into the South Australian Housing Trust, be noted.

                 On motion of the Hon. T. J. Stephens, the debate was adjourned until Wednesday, 26 November 2003.

 

Report of the
Statutory Authorities
Review Committee
on an Inquiry into
the South Australian
Housing Trust.

 

 

12.

The Hon. S. M. Kanck, pursuant to notice, moved - That she have leave to introduce a Bill for an Act to amend the Tobacco Products Regulation Act 1997.

                 Question put and passed.

                 Bill introduced and read a first time.

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

                 And the Hon. S. M. Kanck having obtained leave to conclude her remarks, the debate was adjourned and ordered to be resumed on motion.

 

Tobacco Products
Regulation
(Clean Air Zones)
Amendment Bill.

 

13.

At two minutes to 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.

 

  14.

Ordered - That the adjourned debate on the question - That the Tobacco Products Regulation (Clean Air Zones) Amendment Bill be now read a second time - be now resumed.

                 Debate resumed.

                 On motion of the Hon. C. Zollo, the debate was adjourned until Wednesday, 26 November 2003.

 

Tobacco Products
Regulation
(Clean Air Zones)
Amendment Bill.

 

15.

The Hon. S. M. Kanck, pursuant to notice, moved - That the Dignity in Dying Bill be restored to the Notice Paper as a lapsed Bill, pursuant to section 57 of the Constitution Act 1934.

                 Question put and passed.

                 Ordered - That the Bill be an Order of the Day for Wednesday, 26 November 2003.

 

Dignity in
Dying Bill.

 

16.

The Hon. S. M. Kanck, pursuant to notice, moved - That she have leave to introduce a Bill for an Act to amend the Environment Protection Act 1993.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. S. M. Kanck 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 November 2003.

 

Environment
Protection (Plastic
Shopping Bags)
Amendment Bill.

 

17.

Ordered - That Orders of the Day (Private Business) No. 1 to No. 5 be Orders of the Day for Wednesday, 26 November 2003.

 

Postponement
of Business.

 

18.

Ordered - That Order of the Day (Private Business) No. 6 to No. 27 and Orders of the Day (Government Business) No. 1 to No. 3 be postponed and taken into consideration after Order of the Day (Government Business) No. 4.

 

Postponement
of Business.

 

19.

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.

                 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.

 

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

 

20.

Ordered - That Orders of the Day (Private Business) No. 6 to No. 27 and Orders of the Day (Government Business) No. 1 to No. 3 and No. 5 to No. 7 be postponed and taken into consideration after Order of the Day (Government Business) No. 8.

 

Postponement
of Business.

 

21.

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.

                 Question put and passed.

                 Bill read a second time.

                 The President then left the Chair, and the Council resolved itself into a Committee of the Whole for the consideration of the Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 6 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 Aboriginal Affairs and Reconciliation, 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.

 

Lottery and Gaming
(Lottery Inspectors)
Amendment Bill.

 

22.

Ordered - That Orders of the Day (Private Business) No. 6 to No. 27 and Orders of the Day (Government Business) No. 1 to No. 3, No. 5 to No. 7 and No. 9 to 12 be postponed and taken into consideration after Order of the Day (Government Business) No. 13.

 

Postponement
of Business.

 

23.

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

                 Debate resumed.

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

 

Education
(Materials and
Services Charges)
Amendment Bill.

 

24.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. I. Gilfillan -

               I.      That this Council urges the Federal Government to resist the pressure to finalise the free trade agreement with the United States this year on the grounds that any free trade agreement entered into in haste to provide the President of the United States and the Prime Minister of Australia with propaganda material will be at the long term risk that South Australia and Australia will lose on several issues which could include -

(a)     the Pharmaceutical Benefits Scheme;

(b)    the South Australian Barley Single Desk and the Australian Wheat Single Desk;

(c)     the South Australian automobile industry;

(d)    the ability to support local industry through policies in Government procurement;

(e)     the ability to support local art and culture through local content rule for television and radio;

(f)     the ability to maintain our quarantine laws; and

(g)    the ability to preserve the identify of GE free products.

             II.      That this Council condemns the lack of transparency in the negotiations and calls on the Commonwealth Government to release the current state of negotiations to State and Local Governments, as well as the Australian public.

            III.      That this Council calls on the Commonwealth Government to halt its pursuit of bilateral trade agreements at the expense of multilateral agreements that can benefit a wider proportion of the international community.:

                 Debate resumed.

                 And the Hon. S. M. Kanck having obtained leave to conclude her remarks, the debate was adjourned until Wednesday, 26 November 2003.

 

Free Trade
Agreement -
Motion re.

 

25.

Ordered - separately - That Orders of the Day (Private Business) No. 7 to No. 20 be Orders of the Day for Wednesday, 26 November 2003.

 

Postponement
of Business.

 

26.

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

                 Debate resumed.

                 On motion of the Hon. T. J. Stephens, the debate was adjourned until Wednesday, 26 November 2003.

 

Summary Offences
(Loitering)
Amendment Bill.

 

27.

Ordered - separately - That Orders of the Day (Private Business) No. 22 to No. 27 be Orders of the Day for Wednesday, 26 November 2003.

 

Postponement
of Business.

 

28.

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

 

Postponement
of Business.

 

29.

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

Message No. 28

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith entitled an Act to amend the National Parks and Wildlife Act 1972, to which it desires the concurrence of the Legislative Council.

House of Assembly, 11 November 2003.                                           I. P. LEWIS, Speaker.

                 Bill read a first time.

                 The Minister for Aboriginal Affairs and Reconciliation 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.

 

Messages from
House of Assembly:
National Parks
and Wildlife
(Innamincka
Regional Reserve)
Amendment Bill.

 

 

Message No. 29

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith entitled an Act to amend the Highways Act 1926; and to make a related amendment to the Local Government Act 1999, to which it desires the concurrence of the Legislative Council.

House of Assembly, 11 November 2003.                                           I. P. LEWIS, Speaker.

                 Bill read a first time.

                 The Minister for Aboriginal Affairs and Reconciliation 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.

 

Highways
(Authorised
Transport
Insfrastructure
Projects)
Amendment Bill.

 

30.

Ordered - That the Council, at its rising, do adjourn until tomorrow at eleven o’clock a.m.

 

Next Day of Sitting.

 

31.

Council adjourned at one minute past nine o’clock p.m. until tomorrow at eleven o’clock a.m.

 

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