SOUTH AUSTRALIA]

No. 74

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

THURSDAY  15  MAY  2003

 

 

 

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

                 By the Hon. S. M. Kanck from 35 residents of South Australia concerning the Statutes Amendment (Equal Superannuation Entitlements for Same Sex Couples) Bill.  The Petitioners pray that this Honourable House will support a motion for the Social Development Committee to investigate -

·       the Bill; and

·        implications for the Bill arising from the Attorney-General’s Departmental Discussion Paper on Removing Legislative Discrimination Against Same Sex Couples.

Petitions -
No. 38 - Statutes
Amendment (Equal
Superannuation
Entitlements for
Same Sex Couples)
Bill.

 

 

 

                 By the Hon. G. E. Gago from 4,040 residents of South Australia concerning genetically modified foods.  The Petitioners pray that this Honourable House will -

        1.      impose an immediate ban on environmental release and crop trials of genetically modified plants;

        2.      impose a moratorium for five years on the introduction of genetically modified products into South Australia; and

        3.      legislate for the compulsory labelling of all genetically modified foods and food products containing genetically modified ingredients.

No. 39 - Genetically
Modified Foods.

 

 

 

                 By the Hon. T. J. Stephens from 20 residents of South Australia concerning voluntary euthanasia.  The Petitioners pray that this Honourable House will -

·       reject the so called Dignity in Dying (Voluntary Euthanasia) Bill;

·       move to ensure that all medical staff in all hospitals receive proper training in palliative care; and

         ·      move to ensure adequate funding for palliative care for terminally ill patients.

 

No. 40 - Voluntary
Euthanasia.

 

 

   3.

Answers to Questions on Notice No. 199 and 234 received this day were tabled by the President who directed that they be distributed and printed in Hansard.

 

Answers to
Questions on
Notice.

 

   4.

The Minister for Aboriginal Affairs and Reconciliation, tabled a Ministerial Statement made by the Minister for the River Murray (The Hon. J. D. Hill, M.P.) concerning Water Use across South Australia.

 

Paper Tabled.

 

   5.

The Minister for Agriculture, Food and Fisheries (The Hon. P. Holloway), tabled a Ministerial Statement made by the Premier (The Hon. M. D. Rann, M.P.) concerning Drought Relief.

 

Paper Tabled.

 

   6.

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

Message No. 103

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Constitution Act 1934, with the amendments indicated by annexed Schedule, to which amendments the House of Assembly desires the concurrence of the Legislative Council.

House of Assembly, 14 May 2003.                                                                           I. P. LEWIS, Speaker.

Schedule of the amendments made by the House of Assembly

No. 1.      Page 3, line3 (clause 1) - Before “Gender” insert:

                          Casual Vacancies and

No. 2.      Page 3 (clause 2) - After line 11 insert:

                          Section 13(4)            After paragraph (f) insert:

(fa)   there is no requirement for all Members of both Houses of Parliament to be present at a meeting of the assembly; and

                          Section 13(4)(g)       After “members” insert:

                                                                      present at a meeting

                          Section 13(4)(h)       After “member” insert:

                                                                      present at a meeting

No. 3.      New clause - After clause 2 insert:

                 Validation provision

                          3.      A decision under section 13 of the Constitution Act 1934 made before the commencement of this section by an assembly of both Houses of Parliament cannot be called in question on the ground that no all members of both Houses of Parliament were present at the meeting of the assembly at which the decision was made.

D. A. BRIDGES, Clerk of the House of Assembly.

                 Ordered - That the Message be taken into consideration on motion.

 

Message from
House of Assembly:
Constitution
(Gender Neutral
Language)
Amendment Bill.

 

 

   7.

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.

 

   8.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Health and Community Services Complaints Bill.

 

In the Committee

 

                          Clause No. 3 further considered.

                 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.

 

Health and
Community Services
Complaints Bill.

 

   9.

Ordered - That Order of the Day (Government Business) No. 4 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

 

10.

On the Order of the Day being read for the adjourned debate on the question - That the River Murray 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.

 

River Murray Bill.

 

11.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of Message No. 103 from the House of Assembly relating to the Constitution (Gender Neutral Language) Amendment Bill.

 

In the Committee

 

                 The Minister for Agriculture, Food and Fisheries moved - That the amendments of the House of Assembly be agreed to.

                 To report progress and ask leave to sit again.

_____________________

 

Constitution
(Gender Neutral
Language)
Amendment Bill.

 

 

                 The President resumed the Chair and reported progress and obtained for the Committee leave to sit again on next day of sitting.

 

 

 

12.

Ordered - That Orders of the Day (Government Business) No. 6 and No. 7 be postponed and taken into consideration after Order of the Day (Government Business) No. 8.

 

Postponement
of Business.

 

13.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment and Repeal (National Competition Policy) 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. 15 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 Agriculture, Food and Fisheries, 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.

 

Statutes
Amendment 
and Repeal
(National
Competition Policy)
Bill.

 

14.

Ordered - That Orders of the Day (Government Business) No. 6, No. 7 and No. 9 to No. 12 be postponed and taken into consideration after Order of the Day (Government Business) No. 13.

 

Postponement
of Business.

 

15.

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

                 Debate resumed.

                 On motion of the Hon. N. Xenophon, the debate was adjourned until next day of sitting.

 

Gaming Machines
(Extension of
Freeze on
Gaming  Machines)
Amendment Bill.

 

16.

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

                 Debate resumed.

                 On motion of the Hon. C. V. Schaefer, the debate was adjourned until next day of sitting.

 

Prohibition of
Human Cloning
Bill.

 

17.

Ordered - That Orders of the Day (Government Business) No. 7 and No. 9 to No. 12 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

18.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of Message No. 101 from the House of Assembly relating to the Statutes Amendment (Road Safety Reforms) Bill.

 

In the Committee

 

                          Resolved - That the amendments be insisted on.

_____________________

 

                 The President resumed the Chair and reported accordingly; whereupon the Council adopted such report.

 

Statutes
Amendment
(Road Safety
Reforms) Bill.

 

19.

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

 

Postponement
of Business.

20.

Ordered - That the Council, at its rising, do adjourn until Monday, 26 May 2003, at fifteen minutes past two o’clock.

 

Next Day
of Sitting.

21.

Council adjourned at eight minutes past six o’clock until Monday, 26 May 2003, at fifteen minutes past two o’clock.

 

Adjournment.

 

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