SOUTH AUSTRALIA]

No. 31

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY  13  NOVEMBER  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.

Answers to Questions on Notice Nos. 188, 504 and 517 of last Session and Nos. 9, 10, 13, 17 and 18 of this Session received this day were tabled by the President who directed that they be distributed and printed in Hansard.

 

Answers to
Questions on
Notice.

    3.

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

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

                 Reports, 2006-2007 -

                          Department of Trade and Economic Development.

                          Department of Treasury and Finance.

                          Distribution Lessor Corporation.

                          Energy Consumers’ Council.

                          Essential Services Commission of South Australia.

                          Funds SA.

                          Generation Lessor Corporation.

                          Legal Practitioners Conduct Board.

                          Legal Practitioners Disciplinary Tribunal.

                          Mining and Quarrying Occupational Health and Safety Committee.

                          Motor Accident Commission.

                          Police Superannuation Board.

                          RESI Corporation.

                          SA Lotteries.

                          South Australian Asset Management Corporation.

                          South Australian Centre for Trauma and Injury Recovery Inc (TRACsa).

                          South Australian Classification Council.

                          South Australian Equal Opportunity Commission.

                          South Australian Government Financing Authority.

                          South Australian Motor Sport Board.

                          South Australian Multicultural and Ethnic Affairs Commission.

                          South Australian Parliamentary Superannuation Scheme.

                          South Australian Police.

                          South Australian Superannuation Board.

                          State of the Service Report from the Commissioner for Public Employment.

Papers.

 

                          Technical Regulator - Electricity.

                          Technical Regulator - Gas.

                 Regulations under the following Acts -

                          Electricity Act 1996 - Alternative Vegetation Clearance.

                          Harbors and Navigation Act 1993 - Australian Builders Plate.

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

                 Kangaroo Island Council - Heritage Plan Amendment Report by the Council.

                 Regulation under the following Act -

                          Development Act 1993 - Activities of Environmental Significance.

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

                 Reports, 2006-2007 -

                          Advisory Board of Agriculture.

                          Dairy Authority of South Australia.

                          Phylloxera and Grape Industry Board of South Australia.

                          South Australian Fire and Emergency Services Commission.

                          South Australian Forestry Corporation.

                 Regulation under the following Act -

                          Primary Industry Funding Scheme Act 1998 - Marine Scalefish Industry Fund.

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

                 Reports, 2006-2007 -

                          Correctional Services Advisory Council.

                          Department for Correctional Services.

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

                 Reports, 2006-2007 -

                          Board of the Botanic Gardens and State Herbarium.

                          Pastoral Board of South Australia.

                 Reports -

                          Actions taken following the Coronial Inquiry in the Death in Custody of Mr. Michael Cockburn, dated 15 October 2007.

                          Upper South East Dryland Salinity and Flood Management Act 2002 - Quarterly Report, 1 July 2007 - 30 September 2007.

                 Regulations under the following Acts -

                          Environment Protection Act 1993 - Activities of Environmental Significance.

                          Liquor Licensing Act 1997 - Dry Zones -

                                   Mount Gambier.

                                   Renmark.

                                   Victor Harbor - Short Term.

                          Pharmacy Practice Act 2007 - General.

                          Residential Parks Act 2007 - General.

                 Corporation By-laws - Whyalla -

                          No. 1 - Permits and Penalties.

                          No. 2 - Local Government Land.

                          No. 3 - Roads.

                          No. 4 - Moveable Signs.

                          No. 5 - Dogs.

                          No. 6 - Cats.

                          No. 7 - Caravans and Camping.

                          No. 10 - Waste Management.

 

 

    4.

The Hon. I. K. Hunter brought up the Report of the Social Development Committee on its Inquiry into Gestational Surrogacy.

                 Ordered - That the Report be printed.  (Paper No. 210)

 

Social Development
Committee - Report
on its Inquiry into
Gestational
Surrogacy.

 

     5

The Hon. B. V. Finnigan brought up the Annual Report, 2006-2007, of the Occupational Safety, Rehabilitation and Compensation Committee.

 

Occupational Safety,
Rehabilitation and
Compensation
Committee - Annual
Report, 2006-2007.

 

   6.

The Minister for Police, by leave, tabled a copy of a Ministerial Statement made by the Minister for Transport (The Hon. P. F. Conlon, M.P.) concerning the Governance of TransAdelaide.

 

Ministerial
Statement Tabled.

   7.

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

 

Postponement
of Business.

   8.

Ordered - That Orders of the Day (Government Business) No. 2 and No. 3 be postponed and taken into consideration after Order of the Day (Government Business) No. 4.

 

Postponement
of Business.

   9.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Electricity (Feed-In Scheme - Residential Solar Systems) Amendment Bill.

 

In the Committee

 

                          Clause No. 1 amended and agreed to.

                          Clauses No. 2 and No. 3 agreed to.

                          Clause No. 4 read.

                 The Hon. M. C. Parnell moved on page 3, line 25, to leave out “$0.44” and insert “$1.00”.

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

                 The Hon. M. C. Parnell moved on page 4, after line 15, to insert new subclause as follows:

     “(5)      The holder of a licence who is required to provide credits under subsection (1) should, to the extent that the holder passes on the cost of the credits to other customers, seek to spread that cost across all of the holder's customers, other than—

      (a)       persons who are in receipt of pensions under the Social Security Act 1991 of the Commonwealth; or

      (b)      persons who are the holders of health care cards issued by the Commonwealth; or

      (c)       persons who are in receipt of other benefits, allowances or payments of a prescribed class.”.

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

                          Clause No. 4 otherwise amended and 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 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.

 

Electricity (Feed-In
Scheme - Residential
Solar Systems)
Amendment Bill.

10.

On the Order of the Day being read for the adjourned debate on the question - That the Prevention of Cruelty to Animals (Animal Welfare) 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.

 

Prevention of
Cruelty to Animals
(Animal Welfare)
Amendment Bill.

11.

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

 

Postponement
of Business.

12.

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

 

Message No. 50

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Controlled Substances Act 1984, to which it desires the concurrence of the Legislative Council.

House of Assembly, 25 October 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.

 

Messages from
House of Assembly:
Controlled
Substances
(Possession of
Prescribed
Equipment) 
Amendment Bill.

 

 

Message No. 51

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

House of Assembly, 18 October 2007.                                                            J. J. SNELLING, Speaker.

 

Statutes Amendment
(Victims of Crime)
Bill.

  13.

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

 

Next Day of Sitting.

14.

Council adjourned at twenty-five minutes past 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. J.S.L. Dawkins

The Hon. A. L. Evans

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. 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. C. Zollo