SOUTH AUSTRALIA]

No. 10

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  13  OCTOBER  2004

 

 

 

   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 Hon. J. M. Gazzola brought up the Fifth Report, 2003-2004 of the Legislative Review Committee.

Legislative
Review
Committee -
Fifth Report,
2003-2004.

 

 

   3.

The Hon. J. M. Gazzola brought up the Sixth Report, 2003-2004 of the Legislative Review Committee, which was read by the Clerk as follows -

                 The Regulations listed hereunder are at present being considered by the Legislative Review Committee.  Evidence is being taken on these matters and it is necessary for Notices of Motion for Disallowance to be given in both Houses before the expiration of 14 sitting days, to allow the Committee time to complete its deliberations.

                 Honourable Members are warned that after further consideration has been given to the
Regulations, the Committee may decide to take no further action.

                 Regulations referred to -

Water Resources Act 1997 - North Adelaide Plains.

Agricultural and Veterinary Products (Control of Use) Act 2002 - Chemicals.

 

Legislative
Review
Committee -
Sixth Report,
2003-2004.

 

    4.

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

        By the Minister for Industry and Trade (The Hon. P. Holloway) -

                 River Murray Act 2003 - Report, 2003-2004.

        By the Minister for Aboriginal Affairs and Reconciliation

        (The Hon. T. G. Roberts) -

                 Reports, 2003-2004 -

                          Adelaide Entertainment Centre.

                          Non-Government Schools Registration Board.

 

Papers.

 

   5.

The Minister for Industry and Trade tabled a copy of a Ministerial Statement made by the Minister for the River Murray (The Hon. K. A. Maywald, M.P.) concerning the River Murray Regional Disposal Strategy.

 

Ministerial
Statement Tabled.

 

   6.

The Minister for Aboriginal Affairs and Reconciliation tabled a copy of a Ministerial Statement made by the Minister for Industrial Relations (The Hon. M. J. Wright, M.P.) concerning Industrial Relations Law Reform.

 

Ministerial
Statement Tabled.

 

   7.

The Hon. I. Gilfillan having referred to a document during a question to the Minister for Industry and Trade, the Hon. A. J. Redford moved - That the document be laid upon the Table.

                 Ordered - That the document be laid upon the Table.

 

Document Tabled.

 

   8.

The President made the following Statement:

                 “In this Chamber yesterday, The Hon. Mr. Lawson asked questions of the Minister for Industry and Trade in relation to an Opinion tabled by The Hon. The Speaker in the other House from Sydney Tilmouth, Q.C., and Henry Heuzenroeder, two barristers at the independent Bar, regarding certain Constitutional issues.

                 The Honourable Member’s second question sought an opinion from the Attorney-General as to whether he agreed with the conclusions reached in the Opinion.  Questions seeking opinions are out of order and I rule accordingly.

                 The Honourable Member’s third question sought information as to the Government’s advice on this matter and, in particular, from whom and when was that advice obtained and whether it agreed with that provided by Messrs. Tilmouth and Heuzenroeder.  This question is also out of order as it is seeking information about matters which are in their nature confidential, for example Crown Law advice to the Government.”.

 

President’s
Statement.

 

   9.

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

 

Statements on
Matters of Interest.

 

10.

The Hon. J. M. Gazzola, pursuant to notice, moved - That the Regulations under the Victims of Crime Act 2001 concerning Allowable Victim Compensation, made on 29 July 2004 and laid on the Table of this Council on 15 September 2004, be disallowed.

                 Debate ensued.

                 Question put and passed.

 

Victims of Crime
Act - Regulations -
Allowable Victim Compensation -
disallowance of -
Motion re.

 

11.

The Hon. N. Xenophon, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to provide for protection procedures in relation to the presence of asbestos in premises.

                 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. G. E. Gago, the debate was adjourned until Wednesday, 27 October 2004.

 

Asbestos (Protective
Measures) Bill.

 

 

12.

The Hon. I. Gilfillan, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Fisheries Act 1982.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. I. Gilfillan then moved - That this Bill be now read a second time.

                 On motion of the Hon. G. E. Gago, the debate was adjourned until Wednesday, 27 October 2004.

 

Fisheries
(Prohibition of Net
Fishing in
Gulf
St.
Vincent)
Amendment Bill.

 

 

13.

The Hon. R. K. Sneath, pursuant to notice, moved - That the Report of the Statutory Authorities Review Committee, 2003-2004, be noted.

                 On motion of the Hon. T. J. Stephens, the debate was adjourned until Wednesday, 27 October 2004.

 

Report of the
Statutory Authorities
Review Committee,
2003-2004
to be noted -
Motion re.

 

14.

The Hon. A. J. Redford, pursuant to notice, moved - That the Industrial and Employee Relations (Prohibition Against Bargaining Services Fee) Amendment 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, 27 October 2004.

 

Industrial and
Employee Relations
(Prohibition Against
Bargaining Services
Fee) Amendment
Bill.

 

 

15.

Ordered - That Order of the Day (Private Business) No. 6 be an Order of the Day for Wednesday, 27 October 2004.

 

Postponement
of Business.

 

16.

The Hon. R. I. Lucas, pursuant to notice, moved - That the Council notes the Auditor-General’s Report.

                 And the Hon. R. I. Lucas, having obtained leave to conclude his remarks, the debate was adjourned until Wednesday, 27 October 2004.

 

Auditor-General’s
Report to be noted -
Motion re.

 

17.

Ordered - That Order of the Day (Private Business) No. 1 be an Order of the Day for Wednesday, 27 October 2004.

 

Postponement
of Business.

 

18.

Ordered - That Order of the Day (Private Business) No. 2 be discharged.

 

Business
Discharged.

 

19.

Ordered - separately - That Orders of the Day (Private Business) No. 3 to No. 13 be Orders of the Day for Wednesday, 27 October 2004.

 

Postponement
of Business.

 

20.

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.

 

21.

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

 

Tobacco Products
Regulation (Further
Restrictions)
Amendment Bill.

 

22.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Correctional Services (Parole) Amendment Bill.

 

In the Committee

 

                          Clause No. 10 which the Hon. I. Gilfillan had moved to amend on page 6, lines 16 to 28, by leaving out the clause and inserting new clause as follows:

                   “10—Repeal of section 66

                                  Section 66—delete the section”.

        - further considered.

                 Question - That clause No. 10 stand as printed - put.

Correctional
Services (Parole)
Amendment Bill.

 

 

             Committee divided:

Ayes, 8

The Hon. A. L. Evans

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. P. Holloway

The Hon. R. K. Sneath

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. T. G. Roberts (Teller)

 

 

 

 

      So it passed in the negative.

 

Noes, 12

The Hon. J.S.L. Dawkins

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. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. T. J. Stephens

The Hon. I. Gilfillan (Teller)

 

 

 

 

                          Clause No. 10 struck out.

                          New clause No. 10 inserted.

                          Clause No. 11 read.

                 The Hon. A. J. Redford moved on page 7, lines 14 and 15, to leave out subclause (5).

                 Amendment, by leave, withdrawn.

                 The Hon. I. Gilfillan moved on page 7, after line 25, to insert new subclauses as follow:

“(8)   Section 67(5)—delete "(not being a prisoner who is serving a sentence of life imprisonment)"

(9)     Section 67(6) to (8)—delete subsections (6) to (8) and substitute:

                          (6)    The Board—

(a)     must not specify a release date that is earlier than the day on which the prisoner’s non-parole period expires; and

(b)    in the case of a prisoner who is serving a sentence of life imprisonment—must specify a period of not less than 3 years or more than 10 years for which the prisoner is to continue on parole.”.

                 Question - That the amendment be agreed to - put.

 

 

             Committee divided:

Ayes, 3

The Hon. S. M. Kanck

The Hon. K. J. Reynolds

The Hon. I. Gilfillan (Teller)

 

 

 

 

 

 

 

 

 

 

 

 

      So it passed in the negative.

 

Noes, 15

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. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. D. W. Ridgway

The Hon. J. F. Stefani

The Hon. T. J. Stephens

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. T. G. Roberts (Teller)

 

 

 

                          Clause No. 11 otherwise amended and agreed to.

                          Clause No. 12 amended and agreed to.

                          Clause No. 13 agreed to.

                          New clause No. 13A inserted.

                          Clauses No. 14 and No. 15 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 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.

 

 

23.

Ordered - That Orders of the Day (Government Business) No. 7 to No. 9 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

24.

Council adjourned at twenty-eight 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. 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