SOUTH AUSTRALIA]

No. 56

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY  13  OCTOBER  2009

 

 

 

   1.

Council met pursuant to adjournment.  The President (The Hon. R. K. Sneath) took the Chair.

                 The President read prayers.

 

Meeting of
Council.

    2.

A Messenger from the Governor having been announced by Black Rod, the following Message was received and read:

Message No. 17.

                 The Governor informs the Legislative Council that, in the name and on behalf of Her Majesty The Queen, the following Acts have been assented to during the present Session, viz.:

                 No. 41 of 2009 - An Act to amend the Road Traffic Act 1961.

                 No. 42 of 2009 - An Act to amend the Harbors and Navigation Act 1993.

                 No. 43 of 2009 - An Act to amend the Reproductive Technology (Clinical Practices) Act 1988 and to make related amendments to the Family Relationships Act 1975.

                 No. 44 of 2009 - An Act to amend the Fire and Emergency Services Act 2005.

Government House, Adelaide, 13 October 2009.                                     KEVIN SCARCE, Governor.

 

Message from
Governor:
Assent to Bills.

   3.

Answers to Questions on Notice Nos. 209, 242, 243, 245 and 246, received this day, were tabled by the President who directed that they be distributed and printed in Hansard.

 

Answers to
Questions on
Notice.

   4.

The Hon. C. Zollo brought up the Report of the Statutory Authorities Review Committee, 2008-2009.

                 Ordered - That the Report be printed.  (Paper No. 262)

 

Statutory Authorities
Review Committee -
Report, 2008-2009.

 

    5.

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

        By the President -

                 Reports, 2008-2009 -

                          Auditor-General and Treasurer’s Financial Statements, Parts A, B and C.

                          Administration of the Joint Parliamentary Service.

        By the Minister for Mineral Resources Development (The Hon. P. Holloway) -

                 Reports, 2008-2009 -

                          Office of the WorkCover Ombudsman.

                          Witness Protection Act 1996.

                          WorkCover Corporation of South Australia.

                          WorkCover Corporation of South Australia Financial Statements.

                 Regulations under the following Acts -

                          Firearms Act 1977 - Prescribed Firearms.

                          Petroleum Act 2000 - General.

Papers.

 

                          Primary Industries Funding Schemes Act 1998 - Citrus Growers Fund.

                          State Procurement Act 2004 - Prescribed Public Authorities.

                 Rules of Court -

                          District Court - District Court Act 1991 - Civil - Amendment No. 11.

                 Budget Statement, 2009-2010 - Budget paper 3 - Corrigendum.

                 RESI Corporation Charter, 24 September 2009.

                 WorkCover Corporation Charter, 22 September 2009 and 24 September 2009.

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

                 Regulations under the following Acts -

                          Development Act 1993 -

                                   Assistant State Coordinator - General.

                                   Mining Production Tenements.

        By the Minister for State/Local Government Relations (The Hon. G. E. Gago) -

                 Reports, 2008-2009 -

                          Pastoral Board of South Australia.

                          Supported Residential Facilities Advisory Committee.

                          Witjira National Park Co-management Board.

                 Coronial Inquiry into the Death of Steven Michael Bradford - Report prepared by the Department of Transport, Energy and Infrastructure.

                 Regulations under the following Acts -

                          Motor Vehicles Act 1959 - Exemptions from Duty to hold Licence.

                          Upper South East Dryland Salinity and Flood Management Act 2002 - Project Works Corridors.

                 District Council By-laws -

                          Tatiara -

                                   No. 1 - Permits and Penalties.

                                   No. 2 - Moveable Signs.

                                   No. 3 - Roads.

                                   No. 4 - Local Government Land.

                          Victor Harbor -

                                   No. 1 - Permits and Penalties.

                                   No. 3 - Roads.

                                   No. 4 - Local Government Land.

                                   No. 5 - Dogs.

                                   No. 6 - Cats.

                                   No. 7 - Nuisances caused by Building Sites.

                 Codes of Practice under Acts -

                          Gaming Machines Act 1992 - Responsible Gambling - The Alma Hotel Code Alteration.

        By the Minister for Consumer Affairs (The Hon. G. E. Gago) -

                 Regulations under the following Acts -

                          Liquor Licensing Act 1997 - Dry Areas -

                                   Long Term - Salisbury.

                                   Short Term -

                                             Semaphore - New Years Eve.

                                             Victor Harbor - New Years Eve.

 

 

    6.

The Minister for Mineral Resources Development, by leave, tabled a copy of a Ministerial Statement made by the Attorney-General (The Hon. M. J. Atkinson, M.P.) concerning the Serious and Organised Crime (Control) Act Review, together with a copy of the Review.

 

Ministerial
Statement and
Document Tabled.

    7.

The Minister for Mineral Resources Development, by leave, tabled a copy of a Ministerial Statement made by the Minister for Industrial Relations (The Hon. P. Caica, M.P.) concerning Tabling of WorkCover SA Report, 2008-2009 and WorkCover Ombudsman’s Report, 2008-2009.

 

Ministerial
Statement Tabled.

    8.

The Minister for Mineral Resources Development, by leave, tabled a copy of a Ministerial Statement made by the Treasurer (The Hon. K. O. Foley, M.P.) concerning Budget Management and Savings.

 

Ministerial
Statement Tabled.

    9.

The Minister for Mineral Resources Development, by leave, tabled a copy of a Ministerial Statement made by the Premier (The Hon. M. D. Rann, M.P.) concerning Attack on Crime.

 

Ministerial
Statement Tabled.

10.

The Minister for Mineral Resources Development, without notice, moved - That the Standing Orders be so far suspended as to enable Question Time to be extended to enable the Hon. A. M. Bressington to ask a question of him and for him 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.

11.

Ordered - That Orders of the Day (Government Business) No. 1 and No. 2 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

  12.

On the Order of the Day being read for the third reading of the Electoral (Miscellaneous) Amendment Bill:

                 The President certified a fair print in accordance with the Bill as agreed to in Committee and reported with amendments.

                 Ordered - That the Bill be recommitted in respect of insertion of Clause No. 5 and Clause No. 23.

 

In the Committee

 

                          New Clause No. 5 inserted.

                          New Clause No. 23 inserted.

____________________

 

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

                 The Minister for Mineral Resources Development, 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.

                 The Minister for Mineral Resources Development then moved - That this Bill be now read a third time.

                 Debate ensued.

                 Question put and passed.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

Electoral
(Miscellaneous)
Amendment Bill.

13.

On the Order of the Day being read for the adjourned debate on the question - That the Liquor Licensing (Producers, Responsible Service and Other Matters) 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. 23 agreed to.

                          Clause No. 24 amended and agreed to.

                          Clauses No. 25 to No. 33 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 an amendment; whereupon the Council adopted such report.

                 The Minister for State/Local Government Relations, 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.

 

Liquor Licensing
(Producers,
Responsible Service
and Other Matters)
Amendment Bill.

14.

Ordered - That Orders of the Day (Government Business) No. 5 and No. 6 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

15.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (Electricity and Gas - Information Management and Retailer of Last Resort) 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 Mineral Resources Development, 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.

 

Statutes Amendment
(Electricity and Gas -
Information
Management and
Retailer of Last
Resort) Bill.

16.

On the Order of the Day being read for the adjourned debate on the question - That the National Gas (South Australia) (Short Term Trading Market) 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. 20 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 Mineral Resources Development, 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.

 

National Gas
(South Australia)
(Short Term
Trading Market)
Amendment Bill.

17.

On the Order of the Day being read for the adjourned debate on the question - That the Constitution (Reform of Legislative Council and Settlement of Deadlocks on Legislation) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. J.S.L. Dawkins, the debate was adjourned and ordered to be resumed on motion.

 

Constitution
(Reform of
Legislative Council
and Settlement of
Deadlocks on
Legislation)
Amendment Bill.

18.

On the Order of the Day being read for the adjourned debate on the question - That the Referendum (Reform of Legislative Council and Settlement of Deadlocks on Legislation) Bill be now read a second time:

                 Debate resumed.

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

 

Referendum
(Reform of
Legislative Council
and Settlement of
Deadlocks on
Legislation) Bill.

19.

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

 

Postponement
of Business.

20.

On the Order of the Day being read for the adjourned debate on the question - That the Serious and Organised Crime (Unexplained Wealth) 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.

 

Serious and
Organised Crime
(Unexplained
Wealth) Bill.

21.

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

Message No. 98

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to establish the Rail Commissioner; to make related amendments to the Railways (Operations and Access) Act 1997 and the TransAdelaide (Corporate Structure) Act 1998; and for other purposes, to which it desires the concurrence of the Legislative Council.

House of Assembly, 13 October 2008.                                                      J. J. SNELLING, Speaker.

                 Bill read a first time.

                 The Minister for State/Local Government Relations then moved - That the 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.

 

Messages from
House of Assembly:

Rail Commissioner
Bill.

 

Message No. 99

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the National Electricity (South Australia) Act 1996, to which it desires the concurrence of the Legislative Council.

House of Assembly, 13 October 2008.                                                      J. J. SNELLING, Speaker.

                 Bill read a first time.

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

 

National Electricity
(South Australia)
(Smart Meters)
Amendment Bill.

22.

At four 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.

 

23.

Ordered - That the second reading of the National Electricity (South Australia) (Smart Meters) Amendment Bill be taken into consideration forthwith.

                 The Minister for Mineral Resources Development then moved - That the Bill be now read a second time.

                 On motion of the Hon. S. G. Wade, the debate was adjourned until next day of sitting.

 

National Electricity
(South Australia)
(Smart Meters)
Amendment Bill.

24.

Ordered - That the adjourned debate on the question - That the Statutes Amendment and Repeal (Trade Measurement) Bill - be now resumed.

                 On motion of the Hon. J.S.L. Dawkins, the debate was adjourned until next day of sitting.

 

Statutes Amendment
and Repeal (Trade
Measurement) Bill.

25.

On the Order of the Day being read for the adjourned debate on the question - That the Hydroponics Industry Control 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.

 

Hydroponics
Industry Control
Bill.

26.

The Minister for Mineral Resources Development, according to order, moved - That the Personal Property Securities (Commonwealth Powers) Bill be now read a second time.

                 The Minister for Mineral Resources Development, pursuant to contingent notice, then 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.

                 Debate ensued.

                 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. 9 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 Mineral Resources Development then moved - That the Bill be now read a third time.

                 Question put and passed.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

Personal Property
Securities
(Commonwealth
Powers) Bill.

27.

Ordered - That the adjourned debate on the question - That the Constitution (Reform of Legislative Council and Settlement of Deadlocks on Legislation) Amendment Bill - be now resumed.

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

 

Constitution
(Reform of
Legislative Council
and Settlement of
Deadlocks on
Legislation)
Amendment Bill.

28.

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

Message No. 100

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to refer certain matters relating to workplace relations to the Parliament of the Commonwealth for the purposes of section 51(xxxvii) of the Constitution of the Commonwealth, to which it desires the concurrence of the Legislative Council.

House of Assembly, 13 October 2008.                                                      J. J. SNELLING, Speaker.

                 Bill read a first time.

                 The Minister for Mineral Resources Development then moved - That the Bill be now read a second time.

                 On motion of the Hon. S. G. Wade, the debate was adjourned until next day of sitting.

 

Messages from
House of Assembly:

Fair Work
(Commonwealth
Powers) Bill.

 

Message No. 101

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend various Acts to facilitate the integration of State and Federal workplace relations systems and processes, to which it desires the concurrence of the Legislative Council.

House of Assembly, 13 October 2008.                                                      J. J. SNELLING, Speaker.

                 Bill read a first time.

                 The Minister for Mineral Resources Development then moved - That the Bill be now read a second time.

                 On motion of the Hon. S. G. Wade, the debate was adjourned until next day of sitting.

 

Statutes Amendment
(National Industrial
Relations System)
Bill.

 

Message No. 102

                 MR. PRESIDENT - The House of Assembly has agreed to the amendments made by the Legislative Council in the Electoral (Miscellaneous) Amendment Bill, without any amendment.

House of Assembly, 13 October 2008.                                                      J. J. SNELLING, Speaker.

 

Electoral
(Miscellaneous)
Amendment Bill.

29.

Council adjourned at eleven minutes to nine 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. R. L. Brokenshire

The Hon. J. A. Darley

The Hon. J.S.L. Dawkins

The Hon. B. V. Finnigan

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. 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. D. N. Winderlich

The Hon. C. Zollo