SOUTH AUSTRALIA]

No. 42

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY  16  JUNE  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.

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

Message No. 13.

                 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 present Session, viz.:

                 No. 26 of 2009 - An Act to amend the Motor Vehicles Act 1959.

                 No. 27 of 2009 - An Act to continue the Triple S contributory superannuation scheme for persons employed in the public sector; to make consequential amendments to certain other Acts; to repeal the Southern State Superannuation Act 1994; and for other purposes.

                 No. 28 of 2009 - An Act to make provision for the treatment, care and rehabilitation of persons with serious mental illness with the goal of bringing about their recovery as far as is possible; to confer powers to make orders for community treatment, or detention and treatment, of such persons where required; to provide protections of the freedom and legal rights of mentally ill persons; to repeal the Mental Health Act 1993; and for other purposes.

Government House, Adelaide, 16 June 2009.                                                 KEVIN SCARCE, Governor.

 

Message from
Governor:
Assent to Bills.

   3.

Answers to Questions on Notice Nos. 188 and 273 of last Session and Nos. 153, 164, 165 and 179 of this Session, 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 Hon. I. K. Hunter brought up the Report of the Social Development Committee on its Inquiry into Bogus, Unregistered and Deregistered Health Practitioners.

                 Ordered - That the Report be published and printed.  (Paper No. 236)

 

Social Development
Committee - Report
on Inquiry into
Bogus, Unregistered
and Deregistered
Health Practitioners.

 

    5.

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

        By the Minister for Mineral Resources Development (The Hon. P. Holloway) -

                 2020 Renewable Energy Target - South Australian Government Report under the Climate Change and Greenhouse Emissions Reduction Act 2007.

                 Potential for Renewable Energy in South Australia - Report to South Australian Department of the Premier and Cabinet.

Papers.

 

                 The Future Prospects for Renewable Energy in South Australia - Report for the Sustainability and Climate Change Division of the Department of Premier and Cabinet in South Australia.

                 Regulations under the following Acts -

                          Associations Incorporation Act 1985 - Fee Increases.

                          Bills of Sale Act 1886 - Fees.

                          Births, Deaths and Marriages Registration Act 1996 - Fees.

                          Branding of Pigs Act 1964 - Fees.

                          Brands Act 1933 - Fees.

                          Business Names Act 1996 - Fees.

                          Chicken Meat Industry Act 1003 - Fees.

                          Community Titles Act 1996 - Fees.

                          Co-operatives Act 1997 - Fees.

                          Coroners Act 2003 - Fees.

                          Cremation Act 2000 - Fees.

                          Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Act 2007 - Fees.

                          Criminal Law (Sentencing) Act 1988 - Fee Increases.

                          Dangerous Substances 1979 -

                                   Dangerous Goods Transport - Fees.

                                   Schedule 2 - Fees.

                          District Court Act 1991 - Fee Increases.

                          Employment Agents Registration Act 1993 - Fees.

                          Environment, Resources and Development Court Act 1993 - Fee Increases.

                          Explosives Act 1936 -

                                   Fireworks - Fees.

                                   Security Sensitive Substances - Fees.

                                   Schedule V - Fees.

                          Fair Work Act 1994 - Representation - Fees.

                          Fees Regulation Act 1927 -

                                   Assessment of Requirements Water and Sewerage - Fees.

                                   Public Trustee Administration Fees - Fees.

                          Fire and Emergency Services Act 1005 - Fees.

                          Firearms Act 1977 - Fees.

                          Fisheries Management Act 2007 -

                                   Demerit Points.

                                   Fees.

                          Land Tax Act 1936 - Fees.

                          Livestock Act 1997 - Fees.

                          Magistrates Court Act 1991 - Fee Increases.

                          Mines and Works Inspection Act 1920 - Fees.

                          Mining Act 1971 - Fees.

                          Occupational Health, Safety and Welfare Act 1986 - Fees.

                          Opal Mining Act 1995 - Fees.

                          Partnership Act 1891 - Fees.

                          Petroleum Act 2000 - Fees.

                           Petroleum Products Regulation Act 1995 - Fees.

                          Primary Produce (Food Safety Schemes) Act 2004 -

                                   Citrus Industry - Fees.

                                   Meat Industry - Fees.

                          Public Trustee Act 1995 - Fees.

                          Real Property Act 1886 - Fees.

                          Registration of Deeds Act 1935 - Fees.

                          Roads (Opening and Closing) Act 1991 - Fees.

                          Security and Investigation Agents Act 1995 - Fees.

                          Sewerage Act 1929 - Fees.

                          Sexual Reassignment Act 0 1988 - Fees.

                          Sheriff’s Act 1978 - Fees.

                          Strata Titles Act 1988 - Fee Increases.

                          Summary Offences Act 1953 - Dangerous Articles and Prohibited Weapons - Fees.

                          Supreme Court Act 1935 - Fee Increases.

                          Valuation of Land Act 1971 - Fees.

                          Waterworks Act 1932 - Fees.

 

 

                          Worker’s Liens Act 1893 - Fee Increases.

                          Youth Court Act 1993 - Fee Increases.

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

                 District Council of Cleve - General and Coastal Development Plan Amendment Report by the Council.

                 Regulations under the following Acts -

                          Development Act 1993 - Fees.

        By the Minister for State/Local Government Relations (The Hon. G. E. Gago) -

                 State of the Environment Report 2008 Errata.

                 Regulations under the following Acts -

                          Adoption Act 1988 - Fees.

                          Animal Welfare Act 1985 - Fees.

                          Authorised Betting Operations Act 2000 - Fees.

                          Botanic Gardens and State Herbarium Act 1978 - Fees.

                          Controlled Substances Act 1984 -

                                   Pesticides - Fees.

                                   Poisons - Fees.

                          Crown Lands Act 1929 - Fees.

                          Dental Practice Act 2001 - General.

                          Environment Protection Act 1993 -

                                   Beverage Container - Fees.

                                   Fees and Levy - Fees.

                                   Site Contamination - Fees.

                          Freedom of Information Act 1991 - Fees and Charges.

                          Gaming Machines Act 1992 - Fees.

                          Harbors and Navigation Act 1993 - Fees.

                          Heritage Places Act 1993 - Fees.

                          Historic Shipwrecks Act 1981 - Fees.

                          Housing Improvement Act 1940 - Section 60 Statements - Fees.

                          Local Government Act 1999 - General - Fees.

                          Lottery and Gaming Act 1936 - Fees.

                          Mental Health Act 1993 - Ministerial Agreement.

                          Motor Vehicles Act 1959 -

                                   Accident Towing Roster Scheme - Fees.

                                   Fees.

                                   Schedule 5 - Fees.

                                   Schedule 6 - Fees.

                          National Parks and Wildlife Act 1972 -

                                   Hunting - Fees.

                                   Wildlife - Fees.

                          Native Vegetation Act 1991 - Fees.

                          Natural Resources Management Act 2004 -

                                   Financial Provisions -

                                             Fees.

                                             Water Licences.

                                             2008-2009 Levy Exemption.

                                   General -

                                             Fees.

                                             Water licences and Water Register.

                          Passenger Transport Act 1994 - General - Fees.

                          Pastoral Land Management and Conservation Act 1989 - Fees.

                          Private Parking Areas Act 1986 - Fees.

                          Public and Environmental health Act 1987 - Waste Control - Fees.

                          Radiation Protection and Control Act 1982 -

                                   Ionising Radiation Fees.

                                   Non-Ionising Radiation Fees.

                          Road Traffic Act 1961 - Miscellaneous -

                                   Inspection - Fees.

                                   Offences - Fees.

                          State Records Act 1997 - Fees.

                          Tobacco Products Regulation Act 1997 - Fees.

 

 

        By the Minister for Consumer Affairs (The Hon. G. E. Gago) -

                 Regulations under the following Acts -

                          Building Work Contractors Act 1995 - Fees.

                          Conveyancers Act 1994 - Fees.

                          Land Agents Act 1994 - Fees.

                          Liquor Licensing Act 1997 - General - Fees.

                          Plumbers, Gas Fitters and Electricians Act 1995 - Fees.

                          Residential Parks Act 2007 - Rented Property.

                          Second-hand Vehicle Dealers Act 1995 - Fees.

                          Trade Measurement Administration Act 1993 - Fees.

                          Travel Agents Act 1986 - Fees.

 

 

    6.

The Minister for Mineral Resources Development, by leave, tabled a copy of a Ministerial Statement made by the Premier (The Hon. M. D. Rann, M.P.) concerning the Proposed Closure of the Italian Consulate in Adelaide.

 

Ministerial
Statement Tabled.

    7.

The Minister for Mineral Resources Development, by leave, tabled a copy of a Ministerial Statement made by the Premier concerning Certain Allegations Relating to Forged Documents.

 

Ministerial
Statement Tabled.

    8.

The Minister for State/Local Government Relations, by leave, tabled a copy of a Ministerial Statement made by the Minister for Health (The Hon. J. D. Hill, M.P.) concerning a Further Update on Swine Influenza.

 

Ministerial
Statement Tabled.

   9.

Ordered - That Order of the Day (Government Business) No. 1 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

10.

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

 

Postponement
of Business.

11.

On the Order of the Day being read for the adjourned debate on the question - That the Outback Communities (Administration and Management) 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.

 

Outback
Communities
(Administration and
Management) Bill.

12.

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

 

Postponement
of Business.

13.

On the Order of the Day being read for the adjourned debate on the question - That the River Torrens Linear Park (Linear Parks) Amendment 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 Torrens
Linear Park
(Linear Parks)
Amendment Bill.

14.

On the Order of the Day being read for the adjourned debate on the question - That the Road Traffic (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

 

Road Traffic
(Miscellaneous)
Amendment Bill.

 

15.

Ordered - That Orders of the Day (Government Business) No. 7 and No. 8 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

  16.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (Australian Energy Market Operator) 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.

 

Statutes Amendment
(Australian Energy
Market Operator)
Bill.

17.

Ordered - That Orders of the Day (Government Business) No. 10 and No. 11 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

18.

Ordered - That the adjourned debate on the question - That the Reproductive Technology (Clinical Practices) (Miscellaneous) Amendment Bill be now read a second time - be now resumed.

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

 

Reproductive
Technology
(Clinical Practices)
(Miscellaneous)
Amendment Bill.

 

19.

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

Message No. 73

                 MR. PRESIDENT - The House of Assembly has agreed to the amendments made by the Legislative Council in the Statutes Amendment (Public Health Incidents and Emergencies) Bill without amendment.

House of Assembly, 16 June 2009.                                                                  J. J. SNELLING, Speaker.

 

Messages from
House of Assembly:
Statutes Amendment
(Public Health
Incidents and
Emergencies) Bill.

 

Message No. 74

                 MR. PRESIDENT - The House of Assembly has disagreed to the amendment made by the Legislative Council in the Waterworks (Rates) Amendment Bill as indicated in the annexed Schedule.  The House of Assembly returns the Bill herewith and desires its reconsideration.

House of Assembly, 16 June 2009.                                                                  J. J. SNELLING, Speaker.

Schedule of the Amendment made by the Legislative Council

to which the House of Assembly has disagreed

Clause 8, page 3, lines 28 and 29 [clause 8, inserted section 65CAA(1)(a)]—

Delete “1 June in any particular year” and insert:

“31 December in the year preceding the commencement of the financial year”.

M. LEHMAN, Clerk of the House of Assembly.

                 Ordered - That the Message be taken into consideration on next day of sitting.

 

Waterworks (Rates)
Amendment Bill.

20.

Council adjourned at twenty-nine minutes to six 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. 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