SOUTH AUSTRALIA]

No. 33

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

THURSDAY  15  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 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 Notice of Motion (Government Business) No. 1 and Orders of the Day (Government Business) No. 1 to No. 10 be postponed and taken into consideration after Order of the Day (Government Business) No. 11.

 

Postponement
of Business.

 

   4.

The Minister for Police, according to order, moved - That the Santos Limited (Deed of Undertaking) Bill be now read a second time.

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

 

Santos Limited
(Deed of
Undertaking) Bill.

 

 

   5.

Ordered - That Notice of Motion (Government Business) No. 1 and Orders of the Day (Government Business) No. 1 to No. 3 be postponed and taken into consideration after Order of the Day (Government Business) No. 5.

 

Postponement
of Business.

 

   6.

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

 

In the Committee

 

                          Clauses No. 1 to No. 4 agreed to.

                          Clause No. 5 read.

                 The Hon. M. C. Parnell moved on page 10, after line 13, to insert new subclause as follows:

“(5a)    NEL, section 2, definition of electricity services—after "consumers of electricity" insert:

            or that are relevant to the management of demand for electricity in association with the supply of electricity”.

                 Question - That the amendment be agreed to - put and negatived.

                 The Hon. M. C. Parnell moved on page 10, after line 15, to insert new subclause as follows:

“(6a)    NEL, section 2, definition of electricity services—after paragraph (c) insert:

(d)    the provision of measures in connection with the generation, supply or use of electricity to reduce demand for electricity;”.

                 Question - That the amendment be agreed to - put and negatived.

                 The Hon. M. C. Parnell moved on page 10, after line 21, to insert new definition as follows:

greenhouse gas emissions are emissions of—

    (a)       carbon dioxide; or

    (b)       methane; or

    (c)       nitrous oxide; or

    (d)       hydro fluorocarbons; or

    (e)       perfluorocarbons; or

    (f)        sulphur hexafluoride; or

    (g)       any other gas brought within the ambit of this definition by the regulations;”.

                 Question - That the amendment be agreed to - put and negatived.

                 The Hon. M. C. Parnell moved on page 11, after line 41, to insert new subclause as follows:

“(12a)  NEL, section 2, definition of national electricity market—after paragraph (b) insert:

        and

(c)    any national market that provides for the trading of certificates or other rights created by statute to promote renewable electricity or reductions in rates of greenhouse gas emissions in connection with the generation of electricity;”.

                 Question - That the amendment be agreed to - put and negatived.

                 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.

 

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

 

 

   7.

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

Message No. 54

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend various Acts to make for provision for serious repeat offending by young people, 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:
Statutes Amendment
(Young Offenders)
Bill.

 

 

   8.

At three minutes past 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.

 

 

   9.

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

                 By the Hon. S. M. Kanck from 75 residents of South Australia, concerning water allocations and River Murray environmental flows.  The Petitioners pray that this Honourable House will do all in its power to promote the buy-back of water allocations by State and Federal Governments in order to improve environmental flows and support sustainable agriculture.

 

Petition:
No. 12 - Water
Allocations and
River
Murray
Environmental
Flows.

 

 

  10.

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

          By the President -

                 Reports, 2006-2007 -

                          District Council of Kingston.

                          Wattle Range Council.

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

                 Reports, 2006-2007 -

                          Balaklava and Riverton Health Service Incorporated.

                          Chiropractic and Osteopathy Board of South Australia.

                          Department of Water, Land and Biodiversity Conservation.

                          Eastern Eyre Health and Aged Care Incorporated.

                          Eudunda and Kapunda Health Service Incorporated.

                          History Trust of South Australia.

                          Libraries Board of South Australia.

                          Mid North Health.

                          Murray-Darling Basin Commission.

                          Occupational Therapy Board of South Australia.

                          Physiotherapy Board of South Australia.

                          Podiatry Board of South Australia.

                          Quorn Health Services Incorporated.

                          Repatriation General Hospital Incorporated.

                          State Theatre Company of South Australia.

                          Waikerie Health Services Incorporated.

                          Windmill Performing Arts Company.

                 SA Ambulance Service 2006-2007 Erratum.

 

Papers.

 

 

11.

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

 

In the Committee

 

                          Clause No. 5 further considered.

                 The Hon. M. C. Parnell moved on page 13, after line 19, to insert the following:

renewable electricity means electricity generated from renewable energy sources;

Renewable Electricity and Emissions Intensity Panel means the panel of persons established by the AEMC under section 38A;”.

                 Question - That the amendment be agreed to - put and negatived.

                          Clause No. 5 agreed to.

                          Clauses No. 6 and No. 7 agreed to.

                          Clause No. 8 read.

                 The Hon. M. C. Parnell moved on page 17, lines 19 to 26, to leave out proposed new section 7 and insert the following:

7—National electricity objective

      (1)       The objective of this Law is to promote efficient investment in, and efficient operation and use of, electricity services for the long term interest of consumers of electricity with respect to—

      (a)       price, quality, safety, reliability and security of supply of electricity; and

      (b)      the reliability, safety and security of the national electricity market,

while taking into account the principles set out in subsection (2).

      (2)       The following principles are relevant to the objective of this Law:

      (a)       decisions under this law should take into account principles of ecologically sustainable development;

      (b)      recognition should be given to the long‑term environmental and economic costs associated with greenhouse gas emissions arising from the generation or use of electricity;

      (c)       steps should be taken to achieve a reduction in greenhouse gas emissions arising from the generation or use of electricity, especially taking into account any targets to reduce greenhouse gas emissions that apply under a law of a participating jurisdiction;

      (d)        reasonable and reliable access to electricity should be viewed as an essential service within the community.

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

 

 

 

      (3)       For the purposes of subsection (2), principles of ecologically sustainable development will be taken to be the principles of ecologically sustainable development applying under the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth.”.

                 Question - That the amendment be agreed to - put.

 

 

 

             Committee divided:

Ayes, 2

The Hon. S. M. Kanck

The Hon. M. C. Parnell (Teller)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

      So it passed in the negative.

 

Noes, 16

The Hon. A. M. Bressington

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)

 

 

 

                          Clause No. 8 agreed to.

                          Clauses No. 9 to No. 27 agreed to.

                          Clause No. 28 read.

                 The Hon. M. C. Parnell moved on page 42, after line 24, to insert new subclause as follows:

    “(1a)     NEL, section 34(3)(c)—after "the Reliability Panel" insert:

, the Renewable Electricity and Emissions Intensity Panel”.

                 Question - That the amendment be agreed to - put and negatived.

                 The Hon. M. C. Parnell moved on page 42, after line 32, to insert new subclause as follows:

     “(3)      NEL, section 34—after subsection (3) insert:

      (4)       Without limiting a preceding subsection, the AEMC must ensure, by 1 July 2009 or a later date that is prescribed by the regulations, that the Rules include provisions that are aimed at promoting—

      (a)       management of demand for electricity; and

      (b)      reductions in greenhouse gas emissions arising from the generation or use of electricity; and

      (c)       the interest of financially disadvantaged or low‑income consumers of electricity; and

      (d)      the status of the supply of electricity as an essential service within the community.

      (5)       In addition, the AEMC must, when considering a proposal to make a Rule (whether initiated by the AEMC or requested by another entity or person), specifically assess the extent to which the Rule would be likely to result in a benefit, or cause a detriment—

      (a)       to consumers of electricity; and

      (b)      to the public more generally.”.

                 Question - That the amendment be agreed to - put and negatived.

                          Clause No. 28 agreed to.

                          Clauses No. 29 and No. 30 agreed to.

                 The Hon. M. C. Parnell moved on page 43, after line 23, to insert new clauses as follow:

30A—Amendment of the NEL—New section 38A inserted

NEL—after section 38 insert:

38A—Renewable Electricity and Emissions Intensity Panel

 

 

 

      (1)       The AEMC must establish a panel of persons to be known as the Renewable Electricity and Emissions Intensity Panel, the composition of which must be in accordance with the Rules.

      (2)       The functions and powers of the Renewable Electricity and Emissions Intensity Panel are—

      (a)       to monitor, review and report, in accordance with the Rules—

       (i)       accounting principles or practices associated with any trading within the national electricity market that is relevant to the production or transfer of renewable electricity or to reductions in rates of greenhouse gas emissions; and

      (ii)       the quantity of renewal electricity that forms part of the national electricity market (distinguishing between the various parts of the market); and

      (iii)      the amount of greenhouse gas emissions arising from the generation or use of electricity as part of, or in connection with, the national electricity market; and

      (iv)      the quantity and quality of any certificates or other rights created by statute to promote renewable electricity or reductions in rates of greenhouse gas emissions that are traded as part of, or in connection with, the national electricity market; and

      (b)      at the request of the AEMC, to provide advice in relation to the integration of supply and reliability policies associated with the national electricity system with renewal electricity and greenhouse gas emission policies of the Governments of the participating jurisdictions; and

      (c)       any other functions and powers conferred on it under this law and the Rules.

      (3)       At the completion of a review, the Renewable Electricity and Emissions Intensity Panel must give a report to the AEMC.

30B—Amendment of section 39 of the NEL—Other bodies and working groups

Section 39—after the "Reliability Panel" insert:

or the Renewable Electricity and Emissions Intensity Panel”.

                 Question - That new clause No. 30A, as proposed to be inserted by the Hon. M. C. Parnell, be so inserted - put and negatived.

                 Question - That new clause No. 30B, as proposed to be inserted by the Hon. M. C. Parnell, be so inserted - put and negatived.

                          Clauses No. 31 to No. 52 agreed to.

                          Clause No. 53 read.

                 The Hon. M. C. Parnell moved on page 64, after line 8, to insert new paragraph as follows:

                  “(d)     the Renewable Electricity and Emissions Intensity Panel;”.

                 Question - That the amendment be agreed to - put and negatived.

                          Clause No. 53 agreed to.

                          Clauses No. 54 to No. 56 agreed to.

                          Clause No. 57 read.

                 The Hon. M. C. Parnell moved on page 67, after line 6, to insert new subclause as follows:

“(1)      NEL, section 91(1)—delete "or the Reliability Panel" and substitute:

           , the Reliability Panel or the Renewable Electricity and Emissions Intensity Panel”.

                 Question - That the amendment be agreed to - put and negatived.

                 The Hon. M. C. Parnell moved on page 67, after line 15, to insert new subclause as follows:

     “(3)      NEL, section 91—after subsection (4) insert:

      (5)       The Renewable Electricity and Emissions Intensity Panel may only request the AEMC to make a Rule that relates to its functions.

Note—

Section 38A(2) describes the functions of the Panel.”.

                 Question - That the amendment be agreed to - put and negatived.

                          Clause No. 57 agreed to.

                          Clauses No. 58 to No. 74 agreed to.

                          Clause No. 75 read.

 

 

 

                 The Hon. M. C. Parnell moved on page 76, after line 37, to insert the following:

122A—Immunity from personal liability of Renewable Electricity and Emissions Intensity Panel

(1)        No personal liability attaches to a person appointed to the Renewable Electricity and Emissions Intensity Panel for an act or omission in good faith in the performance or exercise, or purported performance or exercise, of a function or power of the Renewable Electricity and Emissions Intensity Panel under this law, the Regulations or the Rules.

(2)        A liability that would, but for subsection (1), lie against a person appointed to the Renewable Electricity and Emissions Intensity Panel lies instead against the AEMC.”.

                 Question - That the amendment be agreed to - put and negatived.

                          Clause No. 75 agreed to.

                          Clause No. 76 read.

                 The Hon. M. C. Parnell moved on page 93, after line 21, to insert new subclause as follows:

“(11a)     Schedule 1 to the NEL, item 33(b)—after "the Reliability Panel" insert:

                , the Renewable Electricity and Emissions Intensity Panel”.

                 Question - That the amendment be agreed to - put and negatived.

                          Clause No. 76 agreed to.

                          Clauses No. 77 to No. 92 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 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.

 

 

 

12.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Australian Energy Market Commission Establishment (Consumer Advocacy Panel) Amendment Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 10 agreed to.

                          Clause No. 11 read.

                 The Hon. M. C. Parnell moved on page 6, after line 25, to insert the following:

                  “and

        (c)     without limiting the operation of paragraph (b), the Panel must, in its assessment processes, seek to provide an element of weighting in favour of projects that—

       (i)       promote the management of demand for electricity; or

      (ii)       prioritise energy sources according to the extent to which they are environmentally or socially sustainable.”.

                 Question - That the amendment be agreed to - put and negatived.

                 The Hon. M. C. Parnell moved on page 7, after line 2, to insert new paragraph as follows:

“(e)      an ability to provide advice on—

         (i)       energy demand management;

         (ii)      renewable energy.”.

                 Question - That the amendment be agreed to - put and negatived.

                          Clause No. 11 agreed to.

                          Clause 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 without amendment; 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.

 

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

 

 

13.

The Minister for Environment and Conservation, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Lake Eyre Basin (Intergovernmental Agreement) Act 2001.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Minister for Environment and Conservation 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.

 

Lake Eyre Basin
(Intergovernmental
Agreement)
(Ratification of
Amendments)
Amendment Bill.

 

14.

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.

 

15.

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

 

In the Committee

 

                          Clauses No. 1 to No. 3 agreed to.

                          New clause No. 3A inserted.

                          Clauses No. 4 to No. 6 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 Minister for Environment and Conservation, 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.

 

Tobacco Products
Regulation
(Miscellaneous)
Amendment Bill.

 

 

16.

Ordered - That Orders of the Day (Government Business) No. 6 to No. 10 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

17.

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

Message No. 55

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend Liquor Licensing Act 1997, to which it desires the concurrence of the Legislative Council.

House of Assembly, 15 November 2007.                                                        J. J. SNELLING, Speaker.

                 Bill read a first time.

                 The Minister for Environment and Conservation 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:
Liquor Licensing
(Certificates of
Approval)
Amendment Bill.

 

 

 

Message No. 56

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend Private Parking Areas Act 1986, to which it desires the concurrence of the Legislative Council.

House of Assembly, 15 November 2007.                                                         J. J. SNELLING, Speaker.

                 Bill read a first time.

                 The Minister for Environment and Conservation then moved - That this Bill be now read a second time.

                 On motion of the Hon. T. J. Stephens, the debate was adjourned until next day of sitting.

 

Private Parking
Areas ( Penalties)
Amendment Bill.

 

18.

Council adjourned at eleven minutes past five o’clock until Tuesday next at fifteen minutes past two o’clock.

 

Adjournment.

 

 

_________________________

 

 

 

 

 

 

Members present during any part of the sitting:

 

 

 

 

The Hon. A. M. Bressington

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