SOUTH AUSTRALIA]

No. 47

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

THURSDAY  14  APRIL  2005

 

 

 

   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 Minister for Industry and Trade (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 Orders of the Day (Government Business) No. 1 to No. 9 be postponed and taken into consideration after Order of the Day (Government Business) No. 10.

 

Postponement
of Business.

 

   4.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the National Electricity (South Australia) (New Electricity Law) Amendment Bill.

 

In the Committee

 

                                   Clause No. 12 further considered 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 without amendment; whereupon the Council adopted such report.

                 The Minister for Industry and Trade, 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 Electricity
(South Australia)
(New Electricity
Law)
Amendment Bill.

 

   5.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Statutes Amendment and Repeal (Aggravated Offences) Bill.

 

Statutes Amendment
and Repeal
(Aggravated
Offences) Bill.

 

 

In the Committee

 

                                   Clauses No. 1 to No. 5 agreed to.

                                   Clause No. 6 amended and agreed to.

                                   Clauses No. 7 to No. 9 agreed to.

                                   Clause No. 10 read.

                          The Hon. R. D. Lawson moved on page 11, lines 35 to 42, and page 12, lines 1 to 5, to leave out subsections (4) and (5).

                          To report progress and ask leave to sit again.

_____________________

 

                 The President resumed the Chair and reported progress and obtained for the Committee leave to sit again on motion.

 

 

 

   6.

Ordered - That Orders of the Day (Government Business) No. 2 and No. 3 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

   7.

Ordered - That Orders of the Day (Government Business) No. 4 to No. 20 be postponed and taken into consideration after Order of the Day (Government Business) No. 21.

 

Postponement
of Business.

 

   8.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the ANZAC Day Commemoration Bill.

 

In the Committee

 

                                   Clauses No. 1 to No. 20 agreed to.

                                   Schedule 1 agreed to.

                                   Schedule 2 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 Industry and Trade, 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.

 

ANZAC Day
Commemoration
Bill.

 

   9.

At two minutes to 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.

 

10.

The Clerk announced that the following Petitions had been lodged for presentation:

                 By the Hon. S. M. Kanck from 84 residents of South Australia concerning abortions in South Australia.  The Petitioners pray that this Honourable House will do all in its power to ensure that abortions in South Australia continue to be safe, affordable, accessible and legal.

Petitions:
No. 21 - Abortions
in South Australia.

 

 

 

                 By the Hon. S. M. Kanck from 22 residents of South Australia concerning women presenters on the ABC.  The Petitioners pray that this Honourable House will do all in its power to urge the ABC Adelaide management to redress the current imbalance and to encourage women into these roles.

 

No. 22 - Women Presenters on the ABC.

 

 

  11.

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

        By the Minister for Industry and Trade -

                 Department of Transport and Urban Planning - Report, 2003-2004 - Addendum.

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

                 Reports, 2004 -

                          Senior Secondary Assessment Board of South Australia.

                          Teachers Registration Board.

 

Papers.

 

12.

The Minister for Emergency Services tabled copies of two Ministerial Statements made by the Minister for Health (The Hon. L. Stevens, M.P.) concerning the Royal Adelaide Hospital Waiting Lists.

 

Ministerial
Statements Tabled.

 

13.

The following Message from the House of Assembly was received and read -

Message No. 57

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith entitled an Act for the appropriation of money from the Consolidated Account for the financial year ending 30 June 2006, to which it desires the concurrence of the Legislative Council.

House of Assembly, 13 April 2005.                                                                              R. B. SUCH, Speaker.

                 Bill read a first time.

                 The Minister for Industry and Trade 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.

 

Message from
House of Assembly:
Supply Bill.

 

 

14.

Ordered - That Order of the Day (Government Business) No. 4 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 Statutes Amendment (Liquor, Gambling and Security Industries) 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.

 

Statutes Amendment
(Liquor, Gambling
and Security
Industries) Bill.

 

16.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Statutes Amendment and Repeal (Aggravated Offences) Bill.

 

In the Committee

 

                                   Clause No. 10, which the Hon. R. D. Lawson had moved to amend on page 11, lines 35 to 42, and page 12, lines 1 to 5, by leaving out subsections (4) and (5), further considered.

                          Question - That the amendment be agreed to - put.

Statutes
Amendment and
Repeal (Aggravated
Offences) Bill.

 

 

             Committee divided:

Ayes, 12

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. K. J. Reynolds

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. T. J. Stephens

The Hon. R. D. Lawson (Teller)

      So it was resolved in the affirmative.

 

Noes, 6

The Hon. G. E. Gago

The Hon. C. Zollo

The Hon. R. K. Sneath

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

 

                                   Clause No. 10, as amended and otherwise amended, agreed to.

                                   Clauses No. 11 and No. 12 agreed to.

                                   Clause No. 13 amended and agreed to.

                                   Clauses No. 14 to No. 30 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 Industry and Trade, 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 Industry and Trade then moved - That the 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.

 

 

 

17.

The following Message from the House of Assembly was received and read -

Message No. 58

                 MR. PRESIDENT - The House of Assembly draws the attention of the Legislative Council to the Resolution transmitted herewith, and requests the Legislative Council to make reciprocal arrangements.

Resolution referred to:

That Standing Orders be so far suspended as to enable Messages to be delivered to and received from the Legislative Council by the Clerk by alternative means during the sitting of the House at Mt Gambier from 3 to 5 May.

House of Assembly, 13 April 2005.                                                                              R. B. SUCH, Speaker.

                 Ordered - That the Message be taken into consideration forthwith.

Message from
House of Assembly:
Resolution re
Messages from
House of Assembly.

 

 

                 The Minister for Industry and Trade, without notice, moved - That the Standing Orders be so far suspended as to enable Messages and Bills to be delivered and received from the House of Assembly by the Clerk by alternative means during sittings of the House of Assembly at Mount Gambier from 3 to 5 May 2005.

                 Debate ensued.

                 Question put and passed without a dissentient voice, there being present an absolute majority of the whole number of Members of the Council.

Suspensions of
Standing Orders.

 

 

                 The Minister for Industry and Trade then moved - That Messages and Bills be delivered and received from the House of Asembly by the Clerk by alternative means during the sittings of the House of Assembly at Mount Gambier from 3 to 5 May 2005.

                 Question put and passed.

 

Messages and Bills
from the House
of Assembly
be delivered by
alternative means.

 

18.

Ordered - That Orders of the Day (Government Business) No. 6 to No. 9 and No. 11 to No. 14 be postponed and taken into consideration after Order of the Day (Government Business) No. 15.

 

Postponement
of Business.

 

19.

On the Order of the Day being read for the adjourned debate on the question - That the Acts Interpretation (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. 17 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 without amendment; whereupon the Council adopted such report.

                 The Minister for Industry and Trade, 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.

 

Acts Interpretation
(Miscellaneous)
Amendment Bill.

 

 

20.

Ordered - That the adjourned debate on the question - That the Statutes Amendment (Intervention Programs and Sentencing Procedures) Bill be now read a second time - be now resumed.

                 Debate resumed.

                 On motion of the Hon. G. E. Gago, the debate was adjourned until next day of sitting.

 

Statues Amendment
(Intervention
Programs and
Sentencing
Procedures) Bill.

 

21.

Ordered - That Orders of the Day (Government Business) No. 6 and No. 7 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

22.

On the Order of the Day being read for the adjourned debate on the question - That the Criminal  Assets Confiscation Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. R. K. Sneath, the debate was adjourned until next day of sitting.

 

Criminal Assets
Confiscation Bill.

 

23.

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

 

Postponement
of Business.

 

24.

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

Message No. 59

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith entitled an Act to amend the Law Reform (Contributory Negligence and Apportionment of Liability) Act 2001, to which it desires the concurrence of the Legislative Council.

House of Assembly, 13 April 2005.                                                                              R. B. SUCH, Speaker.

                 Bill read a first time.

                 Ordered - That the second reading be an Order of the Day for next day of sitting.

 

Messages from
House of Assembly:
Law Reform
(Contributory
Negligence and
Apportionment
of Liability)
(Proportionate
Liability)
Amendment Bill.

 

 

 

Message No. 60

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith entitled an Act to amend the Road Traffic Act 1961; and to make related amendments to the Summary Offences Act 1953, to which it desires the concurrence of the Legislative Council.

House of Assembly, 13 April 2005.                                                                              R. B. SUCH, Speaker.

                 Bill read a first time.

                 Ordered - That the second reading be an Order of the Day for next day of sitting.

 

Road Traffic
(Excessive Speed)
Amendment Bill.

 

25.

Ordered - That the Council, at its rising, do adjourn until Tuesday, 3 May 2005, at fifteen minutes past two o’clock.

 

Next Day
of Sitting.

 

26.

Council adjourned at two minutes past six o’clock until Tuesday, 3 May 2005, at fifteen minutes past two o’clock.

 

Adjournment.

 

 

_________________________

 

 

 

 

 

 

Members present during any part of the sitting:

 

 

 

 

The Hon. T. G. Cameron

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. C. V. Schaefer

The Hon. R. K. Sneath

The Hon. J. F. Stefani

The Hon. T. J. Stephens

The Hon. N. Xenophon

The Hon. C. Zollo