SOUTH AUSTRALIA]

No. 47

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY  13  MARCH  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 following Papers were laid upon the Table, viz.:

        By the President -

                 Employee Ombudsman - Report, 2005-2006.

        By the Minister for Police (The Hon. P. Holloway) -

                 Electricity Industry Superannuation Scheme - Report, 2005-2006.

                  Review of the Shop Trading Hours Act 1977 - Report, 2006-2007.

                 Regulations under the following Acts -

                          Criminal Law Consolidation Act 1935 - Notice to Admit Facts.

                          Summary Procedure Act 1921 - Admission of Facts.

                          Supreme Court Act 1935 - Vexatious Proceedings.

                 Rules of Court -

                          District Court - District Court Act 1991 - Admission of Facts.

                          Magistrates Court - Magistrates Court Act 1991 - Notice Upon Committal.

                          Supreme Court - Supreme Court Act 1935 - Notice to Admit Facts.

                 Legal Services Commission of South Australia - Erratum to the Annual Report for the year ending 30 June 2006.

        By the Minister for Urban Development and Planning (The Hon. P. Holloway) -

                 Proposal for Extension of the Car Park adjacent to the Goodman Building, Hackney Road, Adelaide.

                 Regulation under the following Act -

                          Development Act 1993 - Disclosure of Interests.

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

                 Reports, 2005-2006 -

                          Adelaide Hills Wine Industry Fund.

                          Gaming Machines Act 1992 (revised).

                          Langhorne Creek Wine Industry Fund.

                          McLaren Vale Wine Industry Fund.

                          Riverland Wine Industry Fund.

        By the Minister for Environment and Conservation (The Hon. G. E. Gago) -

                 National Environment Protection Council - Report, 2005-2006.

                 Regulations under the following Act -

                          Liquor Licensing Act 1997 -

                                   Dry Zones - Mannum.

                                   Renmark High School.

        By the Minister for Mental Health and Substance Abuse (The Hon. G. E. Gago) -

                 Regulations under the following Act -

                          Controlled Substances Act 1984 -

                                   Packaging of Poisons.

                                   Prescriptions.

 

Papers.

   3.

The Minister for Police, by leave, tabled a copy of a Ministerial Statement made by the Minister for Industrial Relations (The Hon. M. J. Wright, M.P.) concerning Shop Trading.

 

Ministerial
Statement Tabled.

   4.

The Minister for Emergency Services, by leave, tabled a copy of a Ministerial Statement made by the Attorney-General (The Hon. M. J. Atkinson, M.P.) concerning Bevan Spencer Von Einem.

 

Ministerial
Statement Tabled.

   5.

The Minister for Emergency Services, by leave, tabled a copy of a Ministerial Statement made by the Minister for Education and Children’s Services (The Hon. J. D. Lomax-Smith, M.P.) concerning Education Works Initiatives.

 

Ministerial
Statement Tabled.

   6.

The Minister for Environment and Conservation, by leave, tabled a copy of a Ministerial Statement made by the Minister for Water Security (The Hon. K. A. Maywald, M.P.) concerning an Update of Water Security Issues.

 

Ministerial
Statement Tabled.

   7.

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

Message No. 77

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Conveyancers Act 1994, the Land Agents Act 1994 and the Land and Business (Sale and Conveyancing) Act 1994, to which it desires the concurrence of the Legislative Council.

House of Assembly, 6 March 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. R. I. Lucas, the debate was adjourned until next day of sitting.

 

Messages from
House of Assembly:
Statutes Amendment
Real Estate Industry
Reform) Bill.

 

 

Message No. 78

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Public Finance and Audit Act 1987, to which it desires the concurrence of the Legislative Council.

House of Assembly, 6 March 2007.                                                                 J. J. SNELLING, Speaker.

                 Bill read a first time.

                 The Minister for Police then moved - That this Bill be now read a second time.

                 On motion of the Hon. R. I. Lucas, the debate was adjourned until next day of sitting.

 

Public Finance and
Audit (Refund or
Recovery of Small
Amounts)
Amendment Bill.

 

 

Message No. 79

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Motor Vehicles Act 1959, to which it desires the concurrence of the Legislative Council.

House of Assembly, 6 March 2007.                                                                 J. J. SNELLING, Speaker.

                 Bill read a first time.

                 The Minister for Police then moved - That this Bill be now read a second time.

                 On motion of the Hon. J.M.A. Lensink, the debate was adjourned until next day of sitting.

 

Motor Vehicles
(Third Party
Insurance)
Amendment Bill.

 

 

Message No. 80

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to protect the health and safety of the public by providing for the registration of pharmacists, pharmacy students; pharmacies and pharmacy depots; to regulate the provision of pharmacy services for the purpose of maintaining high standards of competence and conduct by the persons who provide it; to make related amendments to the Dental Practice Act 2001, to repeal the Pharmacists Act 1991; and for other purposes, to which it desires the concurrence of the Legislative Council.

House of Assembly, 6 March 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. J.M.A. Lensink, the debate was adjourned until next day of sitting.

 

Pharmacy
Practice Bill.

 

 

Message No. 81

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Criminal Law (Sentencing) Act 1988, to which it desires the concurrence of the Legislative Council.

House of Assembly, 6 March 2007.                                                                 J. J. SNELLING, Speaker.

                 Bill read a first time.

                 The Minister for Police then moved - That this Bill be now read a second time.

                 On motion of the Hon. J.M.A. Lensink, the debate was adjourned until next day of sitting.

 

Criminal Law
(Sentencing)
(Dangerous
Offenders)
Amendment Bill.

 

 

Message No. 82

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to provide for measures to address climate change with a view to assisting to achieve a sustainable future for the State; to set targets to achieve a reduction in greenhouse gas emissions within the State; to promote the use of renewable sources of energy; to promote business and community understanding about issues surrounding climate change; to facilitate the early development of policies and programs to address climate change; and for other purposes, to which it desires the concurrence of the Legislative Council.

House of Assembly, 7 March 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. J.M.A. Lensink, the debate was adjourned until next day of sitting.

 

Climate Change
and Greenhouse
Emissions
Reduction Bill.

 

Message No. 83

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act relating to the exporting of barley; to repeal the Barley Marketing Act 1993; to make a related amendment to the Essential Services Commission Act 2002; and for other purposes, to which it desires the concurrence of the Legislative Council.

House of Assembly, 8 March 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. J.M.A. Lensink, the debate was adjourned until next day of sitting.

 

Barley Exporting
Bill.

 

 

Message No. 84

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to protect the health and safety of the public by providing for the registration of optometrists and optometry students; to regulate the provision of optometry treatment for the purposes of maintaining high standards of competence and conduct by those who provide it; to repeal the Optometrists Act 1920; and for other purposes, to which it desires the concurrence of the Legislative Council.

House of Assembly, 8 March 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. J.M.A. Lensink, the debate was adjourned until next day of sitting.

 

Optometrists Bill

   8.

Ordered - That Order of the Day (Government Business) No. 1 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

   9.

On the Order of the Day being read for the adjourned debate on the question - That the Tobacco Products Regulation (Smoking in Cars) 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. 3 agreed to.

                          Clause No. 4 read.

                 The Hon. S. M. Kanck moved on page 2, lines 13 to 25, to leave out all words in these lines and insert the following:

 “48—Smoking in motor vehicles prohibited

      (1)       A person must not smoke in a motor vehicle being driven on a road (whether by the person or otherwise).

Maximum penalty: $200.

Expiation fee: $75.

      (2)       In this section—

motor vehicle has the same meaning as in the Motor Vehicles Act 1959;

road has the same meaning as in the Road Traffic Act 1961.”.

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

                          Clause No. 4 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 Environment and Conservation, 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.

                 Resolved - That this Bill do now pass.

 

Tobacco Products
Regulation
(Smoking in Cars)
Amendment Bill.

 

10.

On the Order of the Day being read for the adjourned debate on the question - That the Tobacco Products Regulation (Expiation Fees) 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.

 

Tobacco Products
Regulation
(Expiation Fees)
Amendment Bill.

 

11.

Ordered - That Orders of the Day (Government Business) No. 4 and No. 5 be postponed and taken into consideration after Order of the Day (Government Business) No. 6.

 

Postponement
of Business.

12.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Local Government (Stormwater Management) Amendment Bill.

 

In the Committee

 

                   Clause No. 4 further considered.

                 The Hon. M. C. Parnell moved on page 9, after line 3, to insert new paragraph as follows:

              “(ab)    be prepared in compliance with the public consultation requirements set out in subclause (3a); and”.

                 The Hon. M. C. Parnell moved on page 9, after line 7, to insert new subclause as follows:

    “(3a)     A council or group of councils preparing a stormwater management plan must comply with the following requirements in relation to public consultation:

   (a)     the council or group of councils must, having prepared a draft of the proposed stormwater management plan, cause to be published in the Gazette and in a newspaper circulating generally throughout the State an advertisement—

             (i)      giving notice of the place or places at which copies of the draft are available for inspection (without charge) and purchase; and

             (ii)     inviting interested persons to make written representations on the draft within a period specified in the advertisement (being not less than 2 months) and to attend a public meeting to be held in relation to the draft;

   (b)    the council or group of councils must give due consideration to any submissions made by interested persons in accordance with this subclause.”.

                 The Hon. M. C. Parnell moved on page 9, lines 33 and 38, to leave out subclauses (2) and (3) and insert new subclauses as follow:

     “(2)      However, the Authority must not approve a stormwater management plan unless—

   (a)     it is satisfied that the relevant council or councils have complied with the public consultation requirements set out in clause 13(3a); and

   (b)    the Authority has received advice in respect of the plan from the relevant regional NRM board or boards in accordance with clause 13(4).

       (3)      On approval of a stormwater management plan the Authority must—

   (a)     publish notice in the Gazette of the approval; and

   (b)    provide the Minister with a copy of the approved plan.

       (4)      The Minister must cause a copy of the approved stormwater management plan to be laid before both Houses of Parliament as soon as practicable after being provided with a copy of the plan in accordance with subclause (3) and either House may disallow the approved stormwater management plan within 14 sitting days after the copy of the plan was laid before that House.”.

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

                 The Hon. S. G. Wade moved on page 16, lines 12 to 21, to leave out all words in these lines.

                 Question - That the amendment be agreed to - put.

Local Government
(Stormwater
Management)
Amendment Bill.

 

             Committee divided:

Ayes, 10

The Hon. A. M. Bressington

The Hon. J.S.L. Dawkins

The Hon. S. M. Kanck

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. M. C. Parnell

The Hon. C. V. Schaefer

The Hon. T. J. Stephens

The Hon. N. Xenophon

The Hon. S. G. Wade (Teller)

 

Noes, 7

The Hon. A. L. Evans

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. D.G.E. Hood

The Hon. I. K. Hunter

The Hon. R. P. Wortley

The Hon. P. Holloway (Teller)

 

 

        So it was resolved in the affirmative.

                          Clause No. 4, as amended and otherwise amended, 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 with amendments; whereupon the Council adopted such report.

                 The Minister for Environment and Conservation, 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.

                 Resolved - That this Bill do now pass.

 

 

13.

Ordered - That Orders of the Day (Government Business) No. 4 and No. 5 be postponed and taken into consideration after Order of the Day (Government Business) No. 7.

 

Postponement
of Business.

14.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Criminal Law (Forensic Procedures) Amendment Bill.

 

In the Committee

 

                   Clause No. 12 further considered and agreed to.

                   Clauses No. 13 to No. 23 agreed to.

                   Clause No. 24 amended and agreed to.

                   Clause No. 25 amended and agreed to.

                   Clauses No. 26 to No. 34 agreed to.

                   Clause No. 35 amended and agreed to.

                   Clause No. 36 amended and agreed to.

                   Clause No. 37 amended and agreed to.

                   Clause No. 38 amended and agreed to.

                   Clause No. 39 agreed to.

                   Clause No. 40 amended and agreed to.

                   Clause No. 41 agreed to.

                   Clause No. 42 amended and agreed to.

                   Clause No. 43 agreed to.

                   Clause No. 44 amended and agreed to.

                   Clause No. 45 agreed to.

                   Clause No. 46 amended and agreed to.

                   Clause No. 47 amended and agreed to.

                   Clause No. 48 agreed to.

                   Clause No. 49 amended and agreed to.

                   Clauses No. 50 to No. 53 agreed to.

                   Clause No. 54 amended and agreed to.

                   Clause No. 55 agreed to.

                   Clause No. 56 amended and agreed to.

                   Clause No. 57 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 with amendments.

                 Ordered - That the Bill be recommitted in respect of clauses No. 3 and No. 11A.

                 The President then left the Chair, and the Council resolved itself into a Committee of the Whole for the further consideration of clauses No. 3 and No. 11A.

 

In the Committee

 

                          Clause No. 3 reconsidered, further amended and agreed to.

                          Clause No. 11A reconsidered, amended and agreed to.

____________________

 

                 The President resumed the Chair, and reported that the Committee had further considered the Bill and had agreed to the same with further amendments; whereupon the Council adopted such reports.

                 The Minister for Police, 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.

 

Criminal Law
(Forensic
Procedures)
Amendment Bill.

15.

At six minutes 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.

 

16.

On the Order of the Day being read for the adjourned debate on the question - That the Development (Assessment Procedures) 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.

 

Development
(Assessment
Procedures)
Amendment Bill.

 

17.

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

                 Debate resumed.

                 On motion of the Hon. I. K. Hunter, the debate was adjourned until next day of sitting.

 

Development
(Regulated Trees)
Amendment Bill.

 

18.

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

                 Debate resumed.

                 On motion of the Hon. I. K. Hunter, the debate was adjourned until next day of sitting.

 

Statutes Amendment
(Affordable
Housing) Bill.

 

19.

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

                 Debate resumed.

                 On motion of the Hon. I. K. Hunter, the debate was adjourned until next day of sitting.

 

State Lotteries
(Miscellaneous)
Amendment Bill.

 

20.

The Minister for Police, by leave, tabled a copy of a Ministerial Statement made by the Premier (The Hon. M. D. Rann, M.P.) concerning Support for the Indonesian Air Crash.

 

Ministerial
Statement Tabled.

21.

The Minister for Police, by leave, tabled a copy of a Ministerial Statement made by the Premier  concerning a Mining Boom in South Australia.

 

Ministerial
Statement Tabled.

22.

The Minister for Police, by leave, tabled a copy of a Ministerial Statement made by the Premier concerning a Correction to an Earlier Ministerial Statement.

 

Ministerial
Statement Tabled.

23.

The Minister for Police, by leave, tabled a copy of a Ministerial Statement made by the Premier concerning Legislation to Trigger a Referendum on Nuclear Power.

 

Ministerial
Statement Tabled.

24.

Council adjourned at twenty-one minutes to ten 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. G. E. Gago

The Hon. J. M. Gazzola

The Hon. P. Holloway

The Hon. D.G.E. Hood

 

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. 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. Zollo