SOUTH AUSTRALIA]

No. 31

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY  14  NOVEMBER  2006

 

 

 

   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 following Papers were laid upon the Table, viz.:

          By the President -

                 Reports, 2005-2006 -

                          City of Marion.

                          City of Mitcham.

                          City of Victor Harbor.

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

                 Reports, 2005-2006 -

                          Administration of the State Records Act 1997.

                          Commissioner for Public Employment’s State of the Service.

                          Construction Industry Long Service Leave Board.

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

                          Department for Transport, Energy and Infrastructure.

                          Department of the Premier and Cabinet.

                          Director of Public Prosecutions.

                          Equal Opportunity Commission.

                          Freedom of Information Act 1991.

                          Office of Public Employment.

                          President of the Industrial Relations Commission and Senior Judge of the Industrial Relations Court.

                          Privacy Committee of South Australia.

                          Promotion and Grievance Appeal Tribunal - Report of the Presiding Officer.

                          Public Trustee.

                          SA Lotteries.

                          SA Water.

                          South Australia Police.

                          South Australian Classification Council.

                          South Australian Rail Regulation.

                          State Electoral Office.

                          State Emergency Management Committee.

                          State Procurement Board.

Papers.

 

                          Tarcoola-Darwin Rail Regulation.

                          The Institution of Surveyors Australia - South Australia Division Inc.

                          TransAdelaide.

                 Summary Offences Act 1953 - Return of Authorisations issued to Enter Premises under Section 83C(1) - Report.

                 Regulations under the following Acts -

                          Electricity Act 1996 - Default Contracts.

                          Gas Act 1997 - Default Contracts.

                          Mutual Recognition (South Australia) Act 1993 - Tobacco Products.

                          Trans-Tasman Mutual Recognition (South Australia) Act 1999 - Tobacco Products.

                 Section 25(5) of the Coroners Act 2003 - Death in Custody.

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

                 Reports, 2005-2006 -

                          The Administration of the Development Act 1993.

                          The Planning Strategy for South Australia.

                 Regulations under the following Act -

                          Development Act 1993 -

                                   Bushfire Prone Areas.

                                   Show Grounds Zones.

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

                 Reports, 2005-2006 -

                          Department of Water, Land and Biodiversity Conservation.

                          Playford Centre.

                 Gene Technology Activities in 2005 - Report.

                 Upper South East Dryland Salinity and Flood Management Act 2002 - Quarterly Report for the period 1 July 2006 to 30 September 2006.

 

 

                 Regulations under the following Act -

                          Liquor Licensing Act 1997 -

                                   Dry Areas -

                                             Long Term -

                                                       Copper Coast.

                                                       Meningie.

                                             Short Term -

                                                       Victor Harbor Plan.

        By the Minister for Mental Health and Substance Abuse (The Hon. G. E. Gago) -

                 Regulations under the following Act -

                          Tobacco Products Regulation Act 1997 -

                                   Licence Fee.

                                   Tobacco Product Packages.

 

 

   3.

The Hon. R. P. Wortley brought up the Report of the Environment, Resources and Development Committee, 2005-2006.

 

Environment,
Resources and
Development
Committee -
Report, 2005-2006.

 

   4.

The Minister for Environment and Conservation, by leave, tabled a copy of a Ministerial Statement made by the Minister for Health (The Hon. J. Hill, M.P.) concerning Health Reform.

 

Ministerial
Statement Tabled.

   5.

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

                 Debate resumed.

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

 

Residential Parks
Bill.

   6.

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

 

Postponement
of Business.

   7.

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

                 Debate resumed.

                 On motion of the Hon. R. D. Lawson, the debate was adjourned and ordered to be resumed on motion.

 

Appropriation Bill.

   8.

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

 

Postponement
of Business.

   9.

On the Order of the Day being read for the adjourned debate on the question - That the Evidence (Suppression Orders) 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. 3 agreed to.

                          Clause No. 4 amended and agreed to.

                          Clause No. 5 agreed to.

                          Clause No. 6 read.

                 The Hon. R. D. Lawson moved on page 6, lines 18 to 20, to leave out paragraphs (a) and (b) and insert new paragraphs as follow:

     “(a)      in the case of a natural person—$5 000 or imprisonment for 1 year;

       (b)     in the case of a body corporate—$80 000.”.

                 Question - That the amendment be agreed to - put.

Evidence
(Suppression Orders)
Amendment Bill.

 

             Committee divided:

Ayes, 8

The Hon. A. M. Bressington

The Hon. J.S.L. Dawkins

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. T. J. Stephens

The Hon. S. G. Wade

The Hon. N. Xenophon

The Hon. R. D. Lawson (Teller)

 

      So it passed in the negative.

 

Noes, 9

The Hon. B. V. Finnigan

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. D.G.E. Hood

The Hon. S. M. Kanck

The Hon. M. C. Parnell

The Hon. R. P. Wortley

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

 

                          Clause No. 6 agreed to.

                          Clauses No. 7 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 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.

 

 

  10.

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

Message No. 48

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Forest Property Act 2000, to which it desires the concurrence of the Legislative Council.

House of Assembly, 14 November 2006.                                                         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.

 

Message from
House of Assembly:
Forest Property
(Carbon Rights)
Amendment Bill.

 

11.

At three 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.

12.

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

 

Postponement
of Business.

13.

On the Order of the Day being read for the adjourned debate on the question - That the Stamp Duties (Land Rich Entities) 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.

 

Stamp Duties
(Land Rich Entities)
Amendment Bill.

14.

On the Order of the Day being read for the adjourned debate on the question - That the Magistrates (Part-time Magistrates) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. I. K. Hunter, the debate was adjourned until next day of sitting.

 

Magistrates
(Part-time
Magistrates)
Amendment Bill.

15.

On the Order of the Day being read for the adjourned debate on the question - That the Genetically Modified Crops Management (Extension of Review Period and Controls) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. I. K. Hunter, the debate was adjourned until next day of sitting.

 

Genetically Modified
Crops Management
(Extension of Review
Period and Controls)
Amendment Bill.

 

16.

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

                 Debate resumed.

                 On motion of the Hon. I. K. Hunter, the debate was adjourned until next day of sitting.

 

Appropriation Bill.

17.

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

 

Postponement
of Business.

18.

Council adjourned at twenty minutes to eleven 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. N. Xenophon

The Hon. C. Zollo