SOUTH AUSTRALIA]

No. 38

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

THURSDAY  14  MAY  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.

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.

The Minister for State/Local Government Relations (The Hon. G. E. Gago), pursuant to notice, moved - That she have leave to introduce a Bill for an Act to amend the Second-hand Vehicle Dealers Act 1995; and to make a consequential amendment to the Magistrates Court Act 1991.

                 Question put and passed.

                 Bill introduced and 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.

 

Second-hand
Vehicle Dealers
(Cooling-off Rights)
Amendment Bill.

   4.

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

 

Postponement
of Business.

   5.

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

                 Debate resumed.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned and ordered to be resumed on motion.

 

Supply Bill.

   6.

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.

   7.

On the Order of the Day being read for the adjourned debate on the question - That the Petroleum Products Subsidy Act Repeal 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.

                          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.

 

Petroleum Products
Subsidy Act
Repeal Bill.

 

   8.

Ordered - That the adjourned debate on the question - That the Supply Bill be now read a second time - be now resumed.

                 Debate resumed.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned and ordered to be resumed on motion.

 

Supply Bill.

   9.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Native Vegetation (Miscellaneous) Amendment Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 3 agreed to.

                          Clause No. 4 read.

                 The Hon. S. G. Wade moved on page 3, after line 6, to insert the following:

              “(1a)    Section 3(1), definition of clearance, (d)—delete paragraph (d)”.

                 Question - That the amendment be agreed to - put.

Native Vegetation
(Miscellaneous)
Amendment Bill.

 

             Committee divided:

Ayes, 11

The Hon. A. M. Bressington

The Hon. R. L. Brokenshire

The Hon. J. A. Darley

The Hon. J.S.L. Dawkins

The Hon. D.G.E. Hood

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. C. V. Schaefer

The Hon. T. J. Stephens

The Hon. S. G. Wade (Teller)

      So it was resolved in the affirmative.

 

Noes, 8

The Hon. B. V. Finnigan

The Hon. J. M. Gazzola

The Hon. P. Holloway

The Hon. M. C. Parnell

The Hon. D. N. Winderlich

The Hon. R. P. Wortley

The Hon. C. Zollo

The Hon. G. E. Gago (Teller)

 

 

 

                          Clause No. 4, as amended, agreed to.

                          Clause No. 5 agreed to.

                 The Hon. S. G. Wade moved to insert new Clause No. 5A as follows:

5A—Insertion of section 4A

After section 4 insert:

4A—Interaction with Fire and Emergency Services Act 2005

In the event of an inconsistency between this Act and the Fire and Emergency Services Act 2005, the Fire and Emergency Services Act 2005 will prevail to the extent of the inconsistency.”.

                 Question - That new clause 5A, as proposed to be inserted, be so inserted - put.

Supply Bill.

 

             Committee divided:

Ayes, 12

The Hon. A. M. Bressington

The Hon. R. L. Brokenshire

The Hon. J. A. Darley

The Hon. J.S.L. Dawkins

The Hon. D.G.E. Hood

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. T. J. Stephens

The Hon. D. N. Winderlich

The Hon. S. G. Wade (Teller)

      So it was resolved in the affirmative.

 

Noes, 7

The Hon. B. V. Finnigan

The Hon. J. M. Gazzola

The Hon. P. Holloway

The Hon. M. C. Parnell

The Hon. R. P. Wortley

The Hon. C. Zollo

The Hon. G. E. Gago (Teller)

 

 

 

                          New Clause No. 5A inserted.

                          Clause No. 6 agreed to.

                          Clause No. 7 read.

                 The Hon. R. L. Brokenshire moved on page 4, lines 1 to 4, to leave out Clause No. 7 and insert new Clause 7 as follows:

7—Amendment of section 8—Membership of the Council

      (1)       Section 8(1)—delete subsection (1) and substitute:

      (1)       The Council consists of—

      (a)       7 members appointed by the Governor of whom—

       (i)       1 (who will be the presiding member of the Council) must be nominated by the Minister; and

      (ii)       1 must be a person selected by the Minister from a panel of 3 persons nominated by the South Australian Farmers Federation Incorporated; and

      (iii)      1 must be a person selected by the Minister from a panel of 3 persons nominated by the Conservation Council of South Australia; and

      (iv)      1 must be a person selected by the Minister for the time being responsible for the administration of the Natural Resources Management Act 2004 from a panel of 3 persons nominated by the NRM Council established under that Act; and

      (v)      1 must be a person selected by the Minister from a panel of 3 persons nominated by the Local Government Association of South Australia; and

      (vi)      1 must be a person with extensive knowledge of, and experience in, planning or development nominated by the Minister; and

     (vii)     1 must be a person with extensive knowledge of, and experience in, the preservation and management of native vegetation nominated by the Minister; and

      (b)      the Chief Officer of SACFS within the meaning of the Fire and Emergency Services Act 2005 (ex officio).

Note—

The Chief Officer may delegate this function—see section 66 of the Fire and Emergency Services Act 2005.

      (2)       Section 8(2)—before "members" insert:

         appointed

      (3)       Section 8(7)—delete "a member" first occurring and substitute:

         an appointed member”.

                 Question - That Clause No. 7 stand as printed - put and negatived.

                          New Clause No. 7 inserted.

                          Clause No. 8 read.

                 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.

 

 

10.

Ordered - That Orders of the Day (Government Business) No. 2 to No. 5 and No. 7 and No. 8 be postponed and taken into consideration after Order of the Day (Government Business) No. 9.

 

Postponement
of Business.

11.

On the Order of the Day being read for the adjourned debate on the question - That the Southern State Superannuation 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.

 

Southern State
Superannuation Bill.

12.

At eight 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.

 

13.

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

By the Hon. D. N. Winderlich from 52 residents of South Australia, concerning an anti-corruption body.  The Petitioners pray that this Honourable House will convey the community's desire for an independent anti-corruption body to the Premier, Mike Rann.

 

Petition:
No. 15 -
Anti-corruption
Body.

  14.

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

        By the Minister for Mineral Resources Development -

                 Environment, Resources and Development Committee - Interim Desalination (Port Stanvac) - Whole of Government Response.

                 Recommendations from a Joint Coroners Inquest into the Deaths of Andrew Stephen Gill and Simon Schaer.

        By the Minister for State/Local Government Relations -

                 Reports, 2008 -

                          Department of Education and Children’s Services.

                          SACE Board of South Australia.

                          Southern Adelaide Health Service.

                 Department of Health Annual Report, 2006-2007 - Erratum to Additional Costs Identified for Table 31: Employees’ Overseas Travel.

                 Department of Health Annual Report, 2007-2008 - Erratum to Table 30: Details of Overseas Travel by the Department of Health Employees.

 

Papers.

  15.

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 2008.

 

Ministerial
Statement Tabled.

  16.

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 CTP Premium Increase.

 

Ministerial
Statement Tabled.

17.

Ordered - That the adjourned debate on the question - That the Supply Bill be now read a second time - be now resumed.

                 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. 3 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.

 

Supply Bill.

18.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Public Sector Bill.

 

In the Committee

 

                          Clause No. 1 further considered and agreed to.

                          Clause No. 2 read.

                 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 next day of sitting.

 

Public Sector
Bill.

 

19.

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

 

Postponement
of Business.

20.

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

Message No. 64

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Waterworks Act 1932, to which it desires the concurrence of the Legislative Council.

House of Assembly, 13 May 2009.                                                                  J. J. SNELLING, Speaker.

                 Bill read a first time.

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

                 On motion of the Hon. D. W. Ridgway, the debate was adjourned until next day of sitting.

 

Messages from
House of Assembly:
Waterworks (Rates)
Amendment Bill.

 

 

Message No. 65

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Motor Vehicles Act 1959, to which it desires the concurrence of the Legislative Council.

House of Assembly, 14 May 2009.                                                                  J. J. SNELLING, Speaker.

                 Bill read a first time.

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

                 On motion of the Hon. D. W. Ridgway, the debate was adjourned until next day of sitting.

 

Motor Vehicles
(Miscellaneous)
Amendment Bill.

 

Message No. 66

                 MR. PRESIDENT - The House of Assembly has agreed to the amendment made by the Legislative Council in the Crown Land Management Bill without amendment.

House of Assembly, 14 May 2009.                                                                  J. J. SNELLING, Speaker.

 

Crown Land
Management Bill.

21.

Ordered - That the Council, at its rising, do adjourn until Tuesday, 2 June 2009.

 

Next Day of Sitting.

22.

Council adjourned at twenty minutes to six o’clock until Tuesday, 2 June 2009, 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. R. P. Wortley

The Hon. C. Zollo