SOUTH AUSTRALIA]

No. 32

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  14  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.

The Minister for Police (The Hon. P. Holloway), without notice, moved - That the Standing Orders be so far suspended as to enable Petitions, the Tabling of Papers, Question Time, Statements on Matters of Interest and Notices of Motion and Orders of the Day (Private Business) 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 Order of the Day (Government Business) No. 1 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

 

   4.

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.

 

   5.

On the Order of the Day being read for the adjourned debate on the question - That the National Electricity (South Australia) (National Electricity Law - Miscellaneous Amendments) 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.

 

National Electricity
(
South Australia)
(National Electricity
Law - Miscellaneous
Amendments)
Amendment Bill.

 

 

   6.

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. 5.

 

Postponement
of Business.

 

   7.

On the Order of the Day being read for the adjourned debate on the question - That the Australian Energy Market Commission Establishment (Consumer Advocacy Panel) 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.

 

Australian Energy
Market Commission
Establishment
(Consumer
Advocacy Panel)
Amendment Bill.

 

   8.

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

 

Postponement
of Business.

 

   9.

On the Order of the Day being read for the adjourned debate on the question - That the Tobacco Products Regulation (Miscellaneous) 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.

 

Tobacco Products
Regulation
(Miscellaneous)
Amendment Bill.

 

10.

Ordered - That Order of the Day (Government Business) No. 6 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

 

11.

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

 

Postponement
of Business.

 

12.

Ordered - That Orders of the Day (Government Business) No. 8 and No. 9 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

13.

The Minister for Police, without notice, moved - That the Standing Orders be so far suspended to enable Statements on Matters of Interest to be taken into consideration forthwith.

                 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.

 

14.

The President called on Members to make Statements on Matters of Interest.

 

Statements on
Matters of Interest.

 

 

15.

At sixteen minutes to one minute 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.

 

  16.

A Messenger from the Governor having been announced by Black Rod, the following Message was received and read:

Message No. 8.

                 The Governor informs the Legislative Council that, in the name and on behalf of Her Majesty The Queen, the following Acts have been assented to during the Second Session of the 51st Parliament, viz.:

                 No. 39 of 2007 - An Act to amend the West Beach Recreation Reserve Act 1987.

                 No. 40 of 2007 - An Act to authorise certain works for the purposes of development of a pulp mill at Penola; to provide a mechanism for the authorisation of other works associated with the pulp mill; and for other purposes.

                 No. 41 of 2007 - An Act to amend the Collections for Charitable Purposes Act 1939.

                 No. 42 of 2007 - An Act to amend the Prince Alfred College Incorporation Act 1878.

                 No. 43 of 2007 - An Act to amend the Criminal Assets Confiscation Act 2005.

                 No. 44 of 2007 - An Act to amend the Environment Protection Act 1993.

                 No. 45 of 2007 - An Act to amend the Authorised Betting Operations Act 2000 and the Casino Act 1997.

                 No. 46 of 2007 - An Act to make provision for rail safety and other matters that form part of a system of nationally consistent rail safety laws; to amend the Railways (Operations and Access) Act 1997; to repeal the Rail Safety Act 1996; and for other purposes.

                 No. 47 of 2007 - An Act to amend the Victims of Crime Act 2001; and to make a related amendment to the Criminal Law (Sentencing) Act 1988.

                 No. 48 of 2007 - An Act to amend the Bail Act 1985; the Correctional Services Act 1982; the Evidence Act 1929; the Victims of Crime Act 2001; and the Youth Court Act 1993.

Government House, Adelaide.                                                            KEVIN SCARCE, Governor.

13 November 2007.

 

Message from
Governor:
Assent to Bills.

 

  17.

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

          By the President -

                 City of Port Lincoln - Report, 2006-2007.

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

                 Reports, 2006-2007 -

                          Guardianship Board.

                          Office of the Public Advocate.

                          Public Trustee.

                          State Coroner.

 

Papers.

 

18.

The Hon. J. M. Gazzola brought up the Tenth Report, 2007, of the Legislative Review Committee.

Legislative
Review
Committee -
Tenth Report, 2007.

 

 

19.

The Minister for Police, by leave, tabled a copy of a Ministerial Statement made by the Premier
(The Hon. M. D. Rann, M.P.) concerning the Drought and the Dire Circumstances faced by Irrigators.

 

Ministerial
Statement Tabled.

 

20.

The Minister for Environment and Conservation (The Hon. G. E. Gago), by leave, tabled a copy of a Ministerial Statement made by the Minister for the River Murray (The Hon. K. A. Maywald, M.P.) concerning River Murray Water Allocations.

 

Ministerial
Statement Tabled.

 

21.

The Hon. R. P. Wortley, by leave, without notice, moved - That the Members of this Council appointed to the Natural Resources Committee have leave to sit on that Committee during the sitting of the Council this day.

                 Question put and passed.

 

Natural Resources
Committee - Leave
for  Members to  sit
during sitting of
the Council.

 

 

22.

The Hon. I. K. Hunter, pursuant to notice, moved - That the Report of the Social Development Committee on its Inquiry into Gestational Surrogacy, be noted.

                 On motion of the Hon. S. G. Wade, the debate was adjourned until Wednesday next.

 

Social Development
Committee - Report
on Inquiry into
Gestational
Surrogacy.

 

 

23.

The Hon. M. C. Parnell, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the South Australian Motor Sport Act 1984.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. M. C. Parnell then moved - That this Bill be now read a second time.

                 On motion of the Hon. R. P. Wortley, the debate was adjourned until Wednesday next.

 

South Australian
Motor Sport
(Construction of
Permanent
Buildings)
Amendment Bill.

 

24.

The Hon. M. C. Parnell, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Tobacco Products Regulation Act 1997.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. M. C. Parnell then moved - That this Bill be now read a second time.

                 On motion of the Hon. R. P. Wortley, the debate was adjourned until Wednesday next.

 

Tobacco Products
Regulation
(Prohibition on
Smoking in
Children’s
Recreational Parks)
Amendment Bill.

 

 

25.

The Hon. M. C. Parnell, pursuant to notice, moved - That the General Regulations under the Survey Act 1992, made on 30 August 2007 and laid on the Table of this Council on 11 September 2007, be disallowed.

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

 

Survey Act 1992 -
General
Regulations -
Motion for
disallowance of.

 

 

26.

The Hon. A. M. Bressington, pursuant to notice, moved - That this Council urges the Government to reconsider its Road Side Drug Testing Policy given that the Drug Wipe Test using the Cozart Rapsican Chromographer failed to meet international standards for the detection of illicit drugs.

                 On motion of the Hon. R. P. Wortley, the debate was adjourned until Wednesday next.

 

Road Side Drug
Testing Policy -
Motion re.

 

27.

The Hon. A. M. Bressington, pursuant to notice, moved - That this Council condemns -

            I.   The practices of the WorkCover Corporation in both the administration of the fund and in the treatment of injured workers and the lack of support and rehabilitation for those workers;

          II.   The Premier for backing down from his call for a Royal Commission or similar wide-ranging inquiry into allegations of corruption by WorkCover in May 1997, whilst Leader of the Opposition; and

         III.   Other parties for allowing WorkCover to languish in dysfunction since that time.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday next.

 

WorkCover
Corporation -
Motion re.

 

28.

Ordered - That Order of the Day (Private Business) No. 1 be an Order of the Day for Wednesday next.

 

Postponement
of Business.

 

29.

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

                 Debate resumed.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday next.

 

Summary Offences
(Drug Paraphernalia)
Amendment Bill.

 

30.

Ordered - That Order of the Day (Private Business) No. 3 be an Order of the Day for Wednesday next.

 

Postponement
of Business.

 

31.

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

                 Debate resumed.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday next.

 

Waterworks
(Making of
Restrictions)
Amendment Bill.

 

32.

Ordered - That Order of the Day (Private Business) No. 5 be an Order of the Day for Wednesday next.

 

Postponement
of Business.

 

33.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (Water Conservation Target and Sustainable Water Resources) Bill be now read a second time:

                 Debate resumed.

                 The Hon. S. G. Wade moved to leave out all words after “That” and to insert “the Bill be withdrawn and referred to the Select Committee on SA Water for its report and recommendation”.

                 On motion of the Hon. B. V. Finnigan, the debate was adjourned until Wednesday next.

 

Statutes Amendment
(Water Conservation
Target and
Sustainable Water
Resources) Bill.

 

34.

Ordered - That Order of the Day (Private Business) No. 7 be an Order of the Day for Wednesday next.

 

Postponement
of Business.

 

  35.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. J.M.A. Lensink - That the Regulations under the Prevention of Cruelty to Animals Act 1985, concerning Rodeos, made on 16 August 2007 and laid on the Table of this Council on 11 September 2007, be disallowed:

                 Debate resumed.

                 On motion of the Hon. I. K. Hunter, the debate was adjourned and ordered to be resumed on motion.

 

Prevention  of
Cruelty to Animals
Act - Regulations -
Rodeos - Motion for
disallowance of.

 

36.

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

Message No. 52

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Education Act 1972, to which it desires the concurrence of the Legislative Council.

House of Assembly, 14 November 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:
Education
(Compulsory
Education Age)
Amendment Bill.

 

 

37.

At two minutes past 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.

 

 

  38.

Ordered - That the adjourned debate on the motion of the Hon. J.M.A. Lensink - That the Regulations under the Prevention of Cruelty to Animals Act 1985, concerning Rodeos, made on 16 August 2007 and laid on the Table of this Council on 11 September 2007, be disallowed - be now resumed.

                 Debate resumed.

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

 

Prevention of
Cruelty to Animals
Act - Regulations -
Rodeos - Motion for
disallowance of.

 

39.

Ordered - That Orders of the Day (Private Business) No. 9 and No. 10 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

 

40.

On the Order of the Day being read for the adjourned debate on the question - That the Nuclear Waste Storage Facility (Prohibition) (Prohibition of Other Nuclear Facilities) 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. 6 agreed to.

                          Clause No. 7 amended and agreed to.

                          Clauses No. 8 to No. 12 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 Hon. M. C. Parnell 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, without a dissentient voice, there being present an absolute majority of the whole number of Members of the Council.

                 The Hon. M. C. Parnell then moved - That this Bill be now read a third time.

                 Question put.

Nuclear Waste
Storage Facility
(Prohibition)
(Prohibition of Other
Nuclear Facilities)
Amendment Bill.

 

 

             Council divided:

Ayes, 2

The Hon. S. M. Kanck

The Hon. M. C. Parnell (Teller)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

      So it passed in the negative.

 

 

Noes, 17

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. 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. C. V. Schaefer

The Hon. T. J. Stephens

The Hon. S. G. Wade

The Hon. R. P. Wortley

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

41.

Ordered - separately - That Orders of the Day (Private Business) No. 12 to No. 29 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

 

42.

On the Order of the Day being read for the adjourned debate on the question - That the Tobacco Products Regulation (Indirect 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. 4 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 Hon. S. M. Kanck 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, without a dissentient voice, there being present an absolute majority of the whole number of Members of the Council.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

Tobacco Products
Regulation (Indirect
Orders) Amendment
Bill.

 

43.

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

                 Debate resumed.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday next.

 

Controlled
Substances
(Cultivation of
Controlled Plants)
Amendment Bill.

 

 

44.

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

                 Debate resumed.

                 Question put and negatived.

 

Gaming Machines
(Hours of Operation)
Amendment Bill.

 

45.

Ordered - That Order of the Day (Private Business) No. 33 be an Order of the Day for Wednesday next.

 

Postponement
of Business.

 

46.

Ordered - That Order of the Day (Private Business) No. 34 be discharged.

                 The Hon. A. M. Bressington moved - That the Monitored Treatment Programs Bill be withdrawn.

                 Question put and passed.

 

Business
Discharged.

 

47.

Ordered - separately - That Orders of the Day (Private Business) No. 35 to No. 39 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

 

48.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. S. G. Wade - That the Legislative Council, at the Sesquicentenary of Responsible Government, acknowledges the contribution of Members of the Parliament of South Australia who have served and continue to serve with a disability and commits itself to promoting the full participation of people with a disability in the life of the Parliament and the State.

                 The Hon. S. M. Kanck moved to amend the motion after “Members of the Parliament of South Australia” by inserting “staff and ancillary staff”.

                 Question - That the amendment moved by the Hon. S. M. Kanck be agreed to - put and passed.

                 Question - That the motion moved by the Hon. S. G. Wade, and as amended by the Hon. S. M. Kanck, be agreed to - put and passed.

 

Members of
Parliament with
Disabilities -
Motion re.

 

49.

Ordered - separately - That Orders of the Day (Private Business) No. 41 to No. 47 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

 

50.

Ordered - That the adjourned debate on the question - That the Senior Secondary Assessment Board of South Australia (Review) Amendment Bill be now read a second time - be now resumed.

                 Debate resumed.

                 On motion of the Hon. B. V. Finnigan, the debate was adjourned until next day of sitting.

 

Senior Secondary
Assessment Board

of South Australia
(Review) 
Amendment Bill.

 

 

51.

Ordered - That Order of the Day (Government Business) No. 2 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

 

52.

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

Message No. 53

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith entitled an Act to give effect to a Deed of Undertaking made by Santos Limited in favour of the Premier for and on behalf of the Crown in the right of the State of South Australia; to repeal the Santos Limited (Regulation of Shareholdings) Act 1989; and for other purposes, to which it desires the concurrence of the Legislative Council.

House of Assembly, 14 November 2007.                                                             J. J. SNELLING, Speaker.

                 Bill read a first time.

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

 

Message from
House of Assembly:
Santos Limited
(Deed of
Undertaking) Bill.

 

53.

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

 

Next Day
of Sitting.

 

 

54.

Council adjourned at ten minutes to eleven o’clock until tomorrow at eleven o’clock a.m.

 

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