SOUTH AUSTRALIA]

No. 14

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

THURSDAY  13  NOVEMB ER  2008

 

 

 

   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 Minister for Mineral Resources Development (The Hon. P. Holloway), without notice, moved - That the Standing Orders be so far suspended as to enable Petitions, the Tabling of Papers and Question Time to be taken into consideration at fifteen minutes past two o’clock.

                 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.

 

   3.

Ordered - That Notice of Motion (Government Business) No. 1 and Orders of the Day (Government Business) No. 1 and No. 2 be postponed and taken into consideration after Order of the Day (Government Business) No. 3.

 

Postponement
of Business.

 

   4.

On the Order of the Day being read for the adjourned debate on the question - That the Gene Technology (Miscellaneous) 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. 57 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 State/Local Government Relations (The Hon. G. E. Gago), 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.

 

Gene Technology
(Miscellaneous)
Amendment Bill.

   5.

Ordered - That Notice of Motion (Government Business) No. 1 and Orders of the Day (Government Business) No. 1, No. 2, No. 4 and No. 5 be postponed and taken into consideration after Order of the Day (Government Business) No. 6.

 

Postponement
of Business.

   6.

On the Order of the Day being read for the adjourned debate on the question - That the Plastic Shopping Bags (Waste Avoidance) 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. 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 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.

                 The Minister for State/Local Government Relations then moved - That this Bill be now read a third time.

                 Question put.

Plastic Shopping
Bags (Waste
Avoidance)
Bill.

 

             Council divided:

Ayes, 11

The Hon. A. M. Bressington

The Hon. R. L. Brokenshire

The Hon. B. V. Finnigan

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. M. C. Parnell

The Hon. C. Zollo

The Hon. G. E. Gago (Teller)

      So it was resolved in the affirmative.

 

Noes, 7

The Hon. J.S.L. Dawkins

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. T. J. Stephens

The Hon. J.M.A. Lensink (Teller)

 

 

 

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

 

   7.

At eight minutes past one o’clock the sitting was suspended until the ringing of the bells.

                 At fifteen minutes past two o’clock the sitting was resumed.

 

Suspension and
Resumption of
Sitting.

    8.

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

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

                 Reports, 2007-2008.

                          Construction Industry Training Board.

                          Industrial Relations Court and Industrial Relations Commission - Second Annual Report.

                 Construction Industry Long Service Leave Board Report on an Actuarial Investigation of the State and Sufficiency of the Construction Industry Fund.

                 National Code of Practice, May 2007.

                 National Code of Practice for Precast, Tilt-up and Concrete Elements in Building Construction, February 2008.

        By the Minister for State/Local Government Relations -

                 Adelaide Entertainment Centre - Report, 2007-2008.

 

Papers.

    9.

The Minister for Correctional Services, by leave, tabled a copy of a Ministerial Statement made by the Minister for Industrial Relations (The Hon. P. Caica, M.P.) concerning the Outstanding Response in South Australia to New Training Opportunities.

 

Ministerial
Statement Tabled.

10.

The Minister for Correctional Services, pursuant to notice, moved - That she have leave to introduce a Bill for an Act to amend the Authorised Betting Operations Act 2000 and the Lottery and Gaming Act 1936.

                 Question put and passed.

                 Bill introduced and read a first time.

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

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

 

Statutes Amendment
(Betting Operations)
Bill.

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 adjourned debate on the question - That the Liquor Licensing (Power to Bar) 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.

 

Liquor Licensing
(Power to Bar)
Amendment Bill.

13.

On the Order of the Day being read for the adjourned debate on the question - That the Nursing and Midwifery Practice 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 and No. 2 agreed to.

                          Clause No. 3 amended and agreed to.

                          Clauses No. 4 to No. 27 agreed to.

                          Clause No. 28 read.

                 The Hon. S. M. Kanck moved on page 20, after line 36, to insert the following:

    “(1a)     The objective of the Board in approving and recognising qualifications and determining requirements under subsection (1) must be to ensure that a midwife is able to give total care to a woman and her baby during pregnancy, labour and postnatally up to at least 6 weeks.”

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

                          Clause No. 28 agreed to.

                          Clauses No. 29 to No. 85 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.

 

Nursing and
Midwifery Practice
Bill.

14.

Ordered - That Order of the Day (Government Business) No. 7 be postponed and taken into consideration on motion.

 

Postponement
of Business.

15.

On the Order of the Day being read for the adjourned debate on the question - That the Partnership (Venture Capital) 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. 8 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.

 

Partnership
(Venture Capital)
Amendment Bill.

16.

Ordered - That Orders of the Day (Government Business) No. 9 and No. 10 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

17.

Ordered - That Order of the Day (Private Business) No. 1 be postponed and taken into consideration after Order of the Day (Private Business) No. 3.

 

Postponement
of Business.

18.

On the Order of the Day being read for the adjourned debate on the question -

               I.      That this Council notes -

(a)     That 21 September was International Day of Peace and on 27 September it will be 52 years since the first explosion of atomic weapons in our atmosphere at Maralinga;

(b)    The proposal by the Prime Minister, Kevin Rudd, for an international commission to revive the Nuclear Non-Proliferation Treaty; and

(c)     The existence of the Luarca Declaration which claims a human right to peace; and

             II.      This Council commends the United Nations Youth Association of South Australia for their campaign on nuclear weapons non-proliferation and disarmament:

Nuclear
Non-Proliferation -
Motion re.

 

                 Debate resumed.

                 Question put and passed.

 

 

19.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Summary Offences (Piercing and Scarification) Amendment Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 5 agreed to.

                          Clause No. 6 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 an 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.

 

Summary Offences
(Piercing and
Scarification)
Amendment Bill.

  20.

On the Order of the Day being read for the adjourned debate on the question - That the Controlled Substances (Palliative Use of Cannabis) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. I. K. Hunter, the debate was adjourned until Wednesday, 26 November 2008.

 

Controlled
Substances
(Palliative Use
of Cannabis)
Amendment Bill

21.

Ordered - That Order of the Day (Government Business) No. 7 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

22.

Ordered - That the Council, at its rising, do adjourn until Tuesday, 25 November 2008.

Next Day
of Sitting.

 

23.

Council adjourned at sixteen minutes to six o’clock until Tuesday, 25 November 2008, 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. 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