SOUTH AUSTRALIA]

No. 90

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  16  JULY  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 Hon. J. M. Gazzola brought up the Thirtieth Report, 2002-2003 of the Legislative Review Committee.

Legislative
Review
Committee -
Thirtieth Report,
2002-2003.

 

 

    3.

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

        By the Minister for Aboriginal Affairs and Reconciliation (The Hon. T. G. Roberts) -

                 District Council By-laws - Mount Barker

                          No. 1 - Permits and Penalties.

                          No. 2 - Moveable Signs.

                          No. 3 - Roads.

                          No. 4 - Local Government Land.

                          No. 5 - Dogs.

                 Regulation under the following Act -

                          Local Government Act 1999 - Local Government Superannuation Board - Interest Commencement.

 

Papers.

 

   4.

The Minister for Agriculture, Food and Fisheries tabled a copy of a Ministerial Statement made by the Minister for Police (The Hon. K. O. Foley, M.P.) concerning the Activities of the Paedophile Task Force.

 

Ministerial
Statement Tabled.

 

   5.

The Minister for Aboriginal Affairs and Reconciliation tabled a copy of a Ministerial Statement made by the Minister for Health (The Hon. L. Stevens M.P.) concerning the Report by the Auditor-General into the Process of Procurement of an MRI Machine by the North Western Adelaide Health Service.

 

Ministerial
Statement Tabled.

 

   6.

The Minister for Aboriginal Affairs and Reconciliation tabled a copy of a Ministerial Statement made by the Minister for Social Justice (The Hon. S. W. Key, M.P.) concerning the Current Family and Youth Services Industrial Dispute.

 

Ministerial
Statement Tabled.

 

   7.

In accordance with Sessional Standing Order, the President called on Members to make Statements on Matters of Interest.

 

Statements on
Matters of Interest.

 

   8.

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

Message No. 126

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith entitled an Act to amend the National Wine Centre (Restructuring and Leasing Arrangements) Act 2002, to which it desires the concurrence of the Legislative Council.

House of Assembly, 15 July 2003.                                                       I. P. LEWIS, Speaker.

                 Bill read a first time.

                 The Minister for Aboriginal Affairs and Reconciliation then moved - That this Bill be now read a second time.

                 The Minister for Aboriginal Affairs and Reconciliation, 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.

                 Debate ensued.

                 On motion of the Hon. R. D. Lawson, the debate was adjourned until next day of sitting.

 

Messages from
House of Assembly:
National Wine
Centre
(Restructuring
and Leasing
Arrangements)
(University of Adelaide)
Amendment Bill.

 

 

 

Message No. 127

                 MR. PRESIDENT - The House of Assembly requests that a Conference may be granted to it respecting certain amendments in the Criminal Law (Sentencing) (Sentencing Guidelines) Amendment Bill.  In the event of a Conference being agreed to, the House of Assembly will be represented by five Managers.

House of Assembly, 15 July 2003.                                                       I. P. LEWIS, Speaker.

                 Ordered - That a Message be sent to the House of Assembly granting a Conference as requested by that House; and that the time and place for holding the same be the Plaza Room at the hour of 5.45 p.m. this day and that the Minister for Agriculture, Food and Fisheries, the Hon. R. D. Lawson, the Hon. D. W. Ridgway, the Hon. R. K. Sneath and the Hon. T. J. Stephens be the Managers on the part of this Council.

 

Criminal Law
(Sentencing)
(Sentencing
Guidelines)
Amendment Bill.

 

   9.

The Hon. J. M. Gazzola, pursuant to notice, moved - That the Report of the Occupational Safety, Rehabilitation and Compensation Committee on the Statutes Amendment (WorkCover Governance Reform) Bill be noted.

                 Debate ensued.

                 Question put and passed.

 

Occupational Safety,
Rehabilitation and
Compensation
Committee -
Report on the
Statutes Amendment
(WorkCover
Governance Reform)
Bill be noted -
Motion re.

 

 

10.

The Hon. J. M. Gazzola, pursuant to notice, moved - That the Report of the Occupational Safety, Rehabilitation and Compensation Committee, 2002-2003, be noted.

                 Debate ensued.

                 Question put and passed.

 

Occupational Safety,
Rehabilitation and
Compensation
Committee -
Report 2002-2003
be noted -
Motion re.

 

 

11.

The T. G. Cameron, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Motor Vehicles Act 1959.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. T. G. Cameron then moved - That this Bill be now read a second time.

                 On motion of the Hon. C. V. Schaefer, the debate was adjourned until Wednesday, 6 August 2003.

 

Motor Vehicles
(Roadworthiness
Inspection Scheme)
Amendment Bill.

 

12.

Order of the Day read for the Report of the Select Committee on Internet and Interactive Home Gambling and Gambling by other means of Telecommunication in South Australia to be brought up.

                 Ordered - That the Committee have leave to sit during the recess and report on the first day of next session.

 

Select Committee
on Internet and
Interactive Home
Gambling and
Gambling by
other means of
Telecommunication
in South Australia.

 

 

13.

Order of the Day read for the Report of the Select Committee on Pitjantjatjara Land Rights to be brought up.

                 Ordered - That the Committee have leave to sit during the recess and report on the first day of next session.

 

Select Committee
on Pitjantjatjara
Land Rights.

 

 

14.

Order of the Day read for the Report of the Select Committee on Staffing, Resourcing and Efficiency of the South Australia Police to be brought up.

                 Ordered - That the Committee have leave to sit during the recess and report on the first day of next session.

 

Select Committee on
Staffing, Resourcing
and Efficiency of the
South Australia
Police.

 

 

15.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. J. M. Gazzola - That the Report of the Legislative Review Committee on Regulations under the Fisheries Act 1982, concerning Giant Crabs, be noted:

                 Debate resumed.

                 Question put and passed.

 

Legislative Review
Committee -
Report -
Fisheries Act -
Regulations -
Giant Crabs
be noted -
Motion re.

 

 

16.

Ordered - That Order of the Day (Private Business) No. 5 be discharged.

 

Business
Discharged.

 

 

17.

The Hon. J. M. Gazzola, according to order, moved - That the Regulations under the Criminal Law (Forensic Procedures) Act 1998 concerning Qualified Persons Fees, made on 8 May 2003 and laid on the Table of this Council on 13 May 2003, be disallowed.

                 Debate ensued.

                 Question put and passed.

 

Criminal Law
(Forensic
Procedures) Act -
Regulations -
Qualified Persons
Fees -
Motion for
disallowance.

 

 

  18.

The Hon. A. J. Redford, pursuant to notice, moved - That the Legislative Council, having regard to the failure of the Minister for Transport to answer questions put to him on 26 March, 29 April, 1 May, 13 May, 14 May, 15 May and 29 May 2003 and the Ministerial Statement made on 24 March 2003 concerning the WorkCover Corporation of South Australia (WorkCover), requests the Statutory Authorities Review Committee to investigate WorkCover with particular reference to -

                  I.      Any directions, advice, recommendations, suggestions or proposals made by the Minister or his officers pursuant to section 4 of the WorkCover Corporation Act (the Act) or otherwise.

                II.      Any other proposals, recommendations or suggestions made by the Government to WorkCover relating to the affairs of WorkCover.

               III.      The reporting arrangements which existed between WorkCover and the Government and the information given by WorkCover to the Government pursuant to those arrangements relating to the affairs of WorkCover.

               IV.      The nature and extent of the communication between Workcover and the Government and, in particular, the communication relating to the financial position of Workcover and generally, as to the administration of the affairs of WorkCover in relation to those matters.

                V.      Any proposals, promises, discussions or understandings between the Minister or his officers and any other person regarding the resignation of the former Chief Executive Officer or any other employee of WorkCover.

               VI.      Any proposals, promises, discussions or understandings between the Minister or his officers and any other person regarding the appointment of a Chief Executive Officer or any other employee to WorkCover.

              VII.      The deteriorating financial position of WorkCover.

            VIII.      The circumstances leading to the setting of the last levy rate by the Board of WorkCover and whether the current processes of setting the levy can be improved.

               IX.      The effectiveness of the claims’ management arrangements of WorkCover.

                X.      Any other relevant matter.

Statutory
Authorities
Review Committee
to investigate
WorkCover -
Motion re.

 

 

                 Debate resumed.

                 Question - That the motion be agreed to - put.

 

 

 

             Council divided:

Ayes, 11

The Hon. T. G. Cameron

The Hon. A. L. Evans

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. T. J. Stephens

The Hon. N. Xenophon

The Hon. A. J. Redford (Teller)

      So it was resolved in the affirmative.

 

 

Noes, 8

The Hon. J. M. Gazzola

The Hon. I. Gilfillan

The Hon. P. Holloway

The Hon. S. M. Kanck

The Hon. K. J. Reynolds

The Hon. R. K. Sneath

The Hon. C. Zollo

The Hon. T. G. Roberts (Teller)

 

 

19.

The R. D. Lawson, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Victims of Crime Act 2001.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. R. D. Lawson then moved - That this Bill be now read a second time.

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

 

Victims of Crime
(Statutory
Compensation for
Victims of Certain
Sexual Offences)
Amendment Bill.

  20.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. R. I. Lucas - That this Council condemns the Premier, Mike Rann, Deputy Premier, Kevin Foley, former Attorney-General, Michael Atkinson, and other senior members of the Rann Government for conspiring to keep secret grave allegations of corruption and bribery involving a senior political adviser to the Premier, former Attorney-General, Michael Atkinson and other members of the Rann Government who are now the subject of a Police Anti-Corruption Branch Inquiry:

                 Debate resumed.

                 Question - That the motion be agreed to - put.

Secrecy by Senior
Members of the
Rann Government
concerning
allegations of
corruption and
bribery -
Motion re.

 

             Council divided:

Ayes, 13

The Hon. T. G. Cameron

The Hon. A. L. Evans

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. A. J. Redford

The Hon. K. J. Reynolds

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. T. J. Stephens

The Hon. R. I. Lucas (Teller)

      So it was resolved in the affirmative.

 

 

Noes, 6

The Hon. J. M. Gazzola

The Hon. T. G. Roberts

The Hon. R. K. Sneath

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

21.

At eight 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.

22.

The Minister for Agriculture, Food and Fisheries reported as follows: - The Managers have been to the Conference on the Criminal Law (Sentencing) (Sentencing Guidelines) Amendment Bill which was managed on behalf of the House of Assembly by the Minister for Government Enterprises (The Hon. P. F. Conlon, M.P.), Ms. Chapman, Ms. Redmond and Messrs.  Koutsantonis and Rau and they there received from the Managers on behalf of the House of Assembly, the Bill and the following Resolution adopted by that House:- That the disagreement to the amendments of the Legislative Council be insisted on.

Criminal Law
(Sentencing)
(Sentencing
Guidelines)
Amendment Bill.

 

                 And thereupon the Managers for the two Houses conferred together, and it was agreed that we should recommend to our respective Houses -

           As to Amendments No. 1 to No. 4 -

                  That the Legislative Council do not further insist on these amendments.

                 Ordered - That the President do now leave the Chair and the Council resolve itself into a Committee of the Whole for the consideration of the Recommendations of the Conference.

 

In the Committee

 

                          Resolved - That the Recommendations from the Conference be agreed to.

_____________________

 

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

 

 

23.

Ordered - That Order of the Day (Private Business) No. 10 be an Order of the Day for Wednesday, 6 August  2003.

 

Postponement
of Business.

24.

Ordered - That Order of the Day (Private Business) No. 11 be discharged.

 

Business
Discharged.

 

25.

Ordered - That Order of the Day (Private Business) No. 12 be discharged.

 

Business
Discharged.

 

26.

Ordered - That Order of the Day (Private Business) No. 13 be discharged.

 

Business
Discharged.

 

27.

Ordered - That Order of the Day (Private Business) No. 14 be discharged.

 

Business
Discharged.

 

28.

Ordered - separately - That Orders of the Day (Private Business) No. 15 to No. 17 be Orders of the Day for Wednesday, 6 August 2003.

 

Postponement
of Business.

29.

The Hon. J. M. Gazzola, according to order, moved - That the Regulations under the Criminal Injuries Compensation Act 1978 concerning Scale of Costs, made on 19 December 2002 and laid on the Table of this Council on 18 February 2003, be disallowed.

                 Debate ensued.

                 Question put and passed.

 

Criminal Injuries
Compensation Act -
Regulations -
Scale of Costs -
Motion for
disallowance.

30.

Ordered - That Order of the Day (Private Business) No. 19 be discharged.

 

Business
Discharged.

 

31.

The Hon. J. M. Gazzola, according to order, moved - That the Regulations under the Listening and Surveillance Devices Act 1972 concerning Records and Warrants, made on 12 December 2002 and laid on the Table of this Council on 18 February 2003, be disallowed.

                 Debate ensued.

                 Question put and passed.

 

Listening and
Surveillance Devices
Act - Regulations -
Records and
Warrants -
Motion for
disallowance.

32.

The Hon. J. M. Gazzola, according to order, moved - That the Regulations under the Victims of Crime Act 2001 concerning Application Costs and Levy, made on 19 December 2002 and laid on the Table of this Council on 18 February 2003, be disallowed.

                 Debate ensued.

                 Question put and passed.

 

Victims of Crime
Act - Regulations -
Application Costs
and Levy -
Motion for
disallowance.

33.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. A. J. Redford - That this Council notes the performance of the Independent Gambling Authority:

                 Debate resumed.

                 Question put and passed.

 

Performance
of the Independent
Gambling
Authority -
Motion re.

34.

On the Order of the Day being read for the adjourned debate on the motion of the Minister for Agriculture, Food and Fisheries - That the Third Interim Report of the Select Committee on Internet and Interactive Home Gambling and Gambling by Other Means of Telecommunications in South Australia, be noted:

                 Debate resumed.

                 Question put and passed.

Select Committee
on Internet and
Interactive Home
Gambling and
Gambling by
Other Means of
Telecommunication
in South Australia -
Third Interim Report to be noted -
Motion re.

 

35.

 On the Order of the Day being read for the adjourned debate on the motion of the Hon. G. E. Gago - That the Report of the Social Development Committee on an Inquiry into Poverty be noted:

                 Debate resumed.

                 On motion of the Hon. K. J. Reynolds, the debate was adjourned until Wednesday next.

 

Social Development
Committee -
Report on an
Inquiry into Poverty
to be noted -
Motion re.

 

36.

Ordered - That Orders of the Day (Private Business) No. 25 to No. 65, Notices of Motion (Government Business) No. 1 and No. 2 and Orders of the Day (Government Business) No. 1 to No. 5 be postponed and taken into consideration after Orders of the Day (Government Business) No. 6.

 

Postponement
of Business.

37.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Statutes Amendment (Nuclear Waste) Bill.

 

In the Committee

 

                          Clause No. 1 agreed to.

                 The Hon. A. J. Redford moved - That clauses No. 2 to No. 8 be postponed and taken into consideration after proposed new clause No. 9.

                 Question put.

Statutes
Amendment
(Nuclear Waste)
Bill.

 

             Committee divided:

Ayes, 11

The Hon. T. G. Cameron

The Hon. A. L. Evans

The Hon. J.S.L. Dawkins

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. T. J. Stephens

The Hon. N. Xenophon

The Hon. A. J. Redford (Teller)

      So it was resolved in the affirmative.

 

Noes, 8

The Hon. J. M. Gazzola

The Hon. I. Gilfillan

The Hon. P. Holloway

The Hon. S. M. Kanck

The Hon. K. J. Reynolds

The Hon. R. K. Sneath

The Hon. C. Zollo

The Hon. T. G. Roberts (Teller)

 

 

 

                          Clauses No. 2 to No. 8 postponed until after consideration of proposed new clause No. 9.

                 The Hon. A. J. Redford moved on page 6, after line 1, to insert new clause as follows:

                          “Expiry of amendments

                                       9.  The amendments made to the Nuclear Waste Storage Facility (Prohibition) Act 2000 by the Nuclear Waste Storage Facility (Prohibition) Amendment Act 2003 expire on 19 July 2003.”

                 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.

 

 

38.

Ordered - That Order of the Day (Private Business) No. 25 be an Order of the Day for Wednesday, 6 August 2003.

 

Postponement
of Business.

39.

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

                 Debate resumed.

                 On motion of the Hon. K. J. Reynolds, the debate was adjourned until Wednesday, 6 August 2003.

 

State Supply
(Procurement of
Software)
Amendment Bill.

40.

On the Order of the Day being read for the adjourned debate on the question - That the Criminal Law (Sentencing) (Failure to Vote) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. T. J. Stephens, the debate was adjourned until Wednesday, 6 August 2003.

 

Criminal Law
(Sentencing)
(Failure to Vote)
Amendment Bill.

41.

Ordered - separately - That Orders of the Day (Private Business) No. 28 and No. 29 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

42.

The Hon. J. M. Gazzola, according to order, moved - That the Regulations under the Freedom of Information Act 1991 concerning the Essential Services Commission, made on 31 October 2002 and laid on the Table of this Council on 12 November 2002, be disallowed.

                 On motion of the Hon. R. I. Lucas, the debate was adjourned and ordered to be resumed of motion.

 

Freedom of
Information Act -
Regulations -
Essential Services
Commission -
Motion for
disallowance.

43.

Ordered - That Order of the Day (Private Business) No. 31 be postponed and taken into consideration on motion.

 

Postponement
of Business.

44.

Ordered - separately - That Orders of the Day (Private Business) No. 32 and No. 33 be Orders of the Day for Wednesday, 6 August 2003.

 

Postponement
of Business.

  45.

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

                 Debate resumed.

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

 

Local Government
(Lochiel Park)
Amendment Bill.

46.

Ordered - That Order of the Day (Private Business) No. 35 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

47.

Ordered - That the adjourned debate on the motion of the Hon. J. M. Gazzola - That the Regulations under the Freedom of Information Act 1991 concerning the Essential Services Commission, made on 31 October 2002 and laid on the Table of this Council on 12 November 2002, be disallowed - be now resumed:

                 Debate resumed.

                 Question put and passed.

 

Freedom of
Information Act -
Regulations -
Essential Services
Commission -
Motion for
Disallowance.

48.

Ordered - That Order of the Day (Private Business) No. 31 be discharged.

 

Business
Discharged.

49.

Ordered - That Order of the Day (Private Business) No. 36 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

50.

Ordered - That Order of the Day (Private Business) No. 37 be discharged.

 

Business
Discharged.

51.

Ordered - That Order of the Day (Private Business) No. 38 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

52.

Ordered - That Order of the Day (Private Business) No. 39 be an Order of the Day for Wednesday, 6 August 2003.

 

Postponement
of Business.

53.

Ordered - separately - That Orders of the Day (Private Business) No. 40 to No. 42 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

54.

Ordered - That Order of the Day (Private Business) No. 43 be an Order of the Day for Wednesday, 6 August 2003.

 

Postponement
of Business.

55.

Ordered - That Order of the Day (Private Business) No. 44 be discharged.

 

Business
Discharged.

56.

Ordered - That Order of the Day (Private Business) No. 45 be discharged.

 

Business
Discharged.

57.

Ordered - separately - That Orders of the Day (Private Business) No. 46 to No. 53 be Orders of the Day for Wednesday, 6 August 2003.

 

Postponement
of Business.

58.

Ordered - That Order of the Day (Private Business) No. 54 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

59.

Ordered - separately - That Orders of the Day (Private Business) No. 55 to No. 58 be Orders of the Day for Wednesday, 6 August 2003.

.

Postponement
of Business.

60.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. R. I. Lucas - That this Council notes with concern claims by the Minister for Environment, the Hon. J. D. Hill, that he did not read key documents, briefing notes, letters and answers to Parliamentary questions on the nuclear waste repository issue prior to making misleading statements to the Parliament:

                 Debate resumed.

                 On motion of the Minsiter for Agriculture, Food and Fisheries, the debate was adjourned until next day of sitting.

 

Minister for
Environment’s
failure to read
documents and
misleading
statements to
Parliament -
Motion re.

61.

Ordered - separately - That Orders of the Day (Private Business) No. 60 to No. 62 be Orders of the Day for Wednesday, 6 August 2003.

 

Postponement
of Business.

62.

Ordered - separately - That Orders of the Day (Private Business) No. 63 and No. 64 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

63.

Ordered - That Order of the Day (Private Business) No. 65 be an Order of the Day for Wednesday, 6 August 2003.

 

Postponement
of Business.

64.

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

 

Postponement
of Business.

65.

The Minister for Agriculture, Food and Fisheries, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to repeal the Dried Fruits Act 1993.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Minister for Agriculture, Food and Fisheries then moved - That this Bill be now read a second time.

                 On motion of the Hon. R. D. Lawson, the debate was adjourned until Wednesday, 6 August 2003.

 

Dried Fruits
Repeal Bill.

66.

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

 

Appropriation Bill.

67.

At twenty-three minutes past ten o’clock the sitting was suspended until the ringing of the bells.

                 At fifteen minutes to eleven o’clock the sitting was resumed.

 

Suspension and
Resumption of
Sitting.

68.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Statutes Amendment (Nuclear Waste) Bill.

 

In the Committee

 

                          Proposed new clause No. 9, which the Hon. A. J. Redford had moved on page 6, after line 19, to insert as follows:

                          Expiry of amendments

                                       9.  The amendments made to the Nuclear Waste Storage Facility (Prohibition) Act 2000 by the Nuclear Waste Storage Facility (Prohibition) Amendment Act 2003 expire on 19 July 2003.” - further considered.

                 The Hon. A. J. Redford, by leave, moved to insert new clause No. 9 in an amended form as follows:

                          Expiry of amendments

                                       9.  The amendments made to the Nuclear Waste Storage Facility (Prohibition) Act 2000 by the Nuclear Waste Storage Facility (Prohibition) Amendment Act 2003 expire immediately before 19 July 2003.”

                 Question - That new clause No. 9, as proposed to be inserted by the Hon. A. J. Redford, be so inserted - put and negatived.

                          Clause No. 2 agreed to.

                          Clause No. 3 struck out.

                          Clause No. 4 struck out.

                          Clause No. 5 struck out.

                          Clause No. 6 struck out.

                          Clause No. 7 struck out.

                          New clause No. 7 inserted.

                          Clause No. 8 struck out.

                          Clause No. 1 reconsidered, amended and agreed to.

Statutes
Amendment
(Nuclear Waste)
Bill.

 

 

                          Title amended and agreed to.

_____________________

 

                 The President resumed the Chair, and reported that the Committee had considered the Bill and had agreed to the same with amendments and an amended title; whereupon the Council adopted such report.

                 The Minister for Aboriginal Affairs and Reconciliation, 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.

 

Short Title Changed
to Nuclear Waste
Storage Facility
(Prohibition)
(Miscellaneous)
Amendment Bill.

69.

Ordered - That Orders of the Day (Government Business) No. 2 to No. 5 be postponed and taken into consideration after Order of the Day (Government Business) No. 7.

 

Postponement
of Business.

70.

On the Order of the Day being read for the adjourned debate on the question - That the Public Park 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. 10 agreed to.

                          Clause No. 11 amended and 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 with an amendment.

                 Ordered - That the Bill be recommitted in respect of clause No. 2.

                 The President then left the Chair, and the Council resolved itself into a Committee of the Whole for the further consideration of clause No. 2.

 

In the Committee

 

                          Clause No. 2 further considered and struck out.

____________________

 

                 The President resumed the Chair, and reported that the Committee had further considered the Bill and had agreed to the same with a further amendment; whereupon the Council adopted such reports.

                 The Minister for Aboriginal Affairs and Reconciliation, 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.

                 The Minister for Aboriginal Affairs and Reconciliation then moved - That this Bill be now read a third time.

                 Debate ensued.

                 Question put.

Public Park Bill.

 

             Council divided:

Ayes, 9

The Hon. J. M. Gazzola

The Hon. I. Gilfillan

The Hon. P. Holloway

The Hon. S. M. Kanck

The Hon. K. J. Reynolds

The Hon. R. K. Sneath

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. T. G. Roberts (Teller)

 

      So it passed in the negative.

 

 

Noes, 10

The Hon. T. G. Cameron

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. T. J. Stephens

The Hon. A. J. Redford (Teller)

 

 

 

71.

Ordered - That Orders of the Day (Government Business) No. 2 to No. 5, No. 8 and No. 9 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

72.

On the Order of the Day being read for the consideration of Message No. 124 from the House of Assembly requesting concurrence in the appointment of a Joint Committee on a Code of Conduct for Members of Parliament:

                 The Minister for Agriculture, Food and Fisheries moved  - That the Council concur with the Resolution of the House of Assembly contained in Message No. 124 for the appointment of a Joint Committeee on a Code of Conduct for Members of Parliament, that the Council be represented on the Joint Committee by three Members of whom two shall form the quorum necessary to be present at all sittings of the Committee and that the Members of the Joint Committee to represent the Legislative Council be the Hon. J. M. Gazzola, the Hon. R. D. Lawson and the Hon. N. Xenophon.

                 Debate ensued.

                 Question put and passed.

 

Joint Committee
on a Code of
Conduct for
Members of
Parliament.

73.

The Minister for Agriculture, Food and Fisheries, according to order, moved - That the Waterworks (Save the River Murray Levy) Amendment Bill be now read a second time.

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

 

Waterworks
(Save the River
Murray Levy)
Amendment Bill.

 

74.

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

Message No. 128

                 MR. PRESIDENT - The House of Assembly has considered the amendments of the Legislative Council in the River Murray Bill and has agreed to amendments Nos. 2 to 15, 23 and 24 without amendment and has disagreed to amendments Nos. 1 and 16 to 22 as indicated in the annexed Schedule.  The House of Assembly returns the Bill herewith and desires its reconsideration.

House of Assembly, 15 July 2003.                                                       I. P. LEWIS, Speaker.

 

Messages from
House of Assembly:
River Murray Bill.

 

 

Schedule of the amendments made by the Legislative Council

to which the House of Assembly has disagreed

No. 1.      Page 1 (Long Title) - Leave out "the Parliamentary Remuneration Act 1990,".

No. 16.    Page 64, line 5, clause 17 (Schedule) - Leave out paragraph (i) and insert:

                          (i)  the River Murray Parliamentary Committee;;

No. 17.    Page 64, line 7, clause 17 (Schedule) - Leave out heading and insert:

                          Part 5D—River Murray Parliamentary Committee

No. 18.    Page 64, line 10, clause 17 (Schedule) - Leave out "Natural Resources Committee" and insert:

                          River Murray Parliamentary Committee

No. 19.    Page 64, clause 17 (Schedule) - After line 15 insert the following:

                                    (2a) The members of the Committee are not entitled to remuneration for their work as members of the Committee.

No. 20.    Page 64, lines 24 to 37, and page 65, lines 1 to 4, clause 17 (Schedule) - Leave out paragraphs (a) and (b) and insert:

                      (a)     to take an interest in and keep under review the protection, improvement and enhancement of the River Murray; and

                      (b)     to consider the extent to which the Objectives for a Healthy River Murray are being achieved under the River Murray Act 2002; and

                      (ba)   to consider and report on each review of the River Murray Act 2002 undertaken under section 11 of that Act; and

                      (bb)   to consider the interaction between the River Murray Act 2002 and other Acts and, in particular, to consider the report in each annual report under that Act on the referral of matters under related operational Acts to the Minister under that Act; and

                      (bc)   at the end of the second year of operation of the River Murray Act 2002, to inquire into and report on—

                                      (i)      the operation of subsection (5) of section 22 of that Act, insofar as it has applied with respect to any Plan Amendment Report under the Development Act 1993 referred to the Governor under that subsection; and

                                      (ii)     the operation of section 24(3) of the Development Act 1993; and

No. 21.    Page 65, lines 7 to 11, clause 17 (Schedule) - Leave out subsection (2).

No. 22.    Page 65, lines 12 to 16, clause 18 (Schedule) - Leave out this clause.

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

 

 

                 Ordered - That the Message be taken into consideration forthwith.

             The President then left the Chair, and the Council resolved itself into a Committee of the Whole for the consideration of the Message.

 

In the Committee

 

                          Resolved - That Amendment No. 1 be not insisted on.

                          Resolved - That Amendment No. 16 be not insisted on.

                          Resolved - That Amendment No. 17 be not insisted on.

                          Resolved - That Amendment No. 18 be not insisted on.

                          Resolved - That Amendment No. 19 be not insisted on and that the alternative amendments be agreed to.

                          Resolved - That Amendment No. 20 be not insisted on and that the alternative amendment be agreed to.

                          Resolved - That Amendment No. 21 be not insisted on.

                          Resolved - That Amendment No. 22 be not insisted on.

_____________________

 

                 The President resumed the Chair, and reported accordingly.

                 The Minister for Aboriginal Affairs and Reconciliation moved - That the Report be adopted.

                 Debate ensued.

                 Question put and passed.

_____________________

 

And it being twelve of the clock:

THURSDAY 17 JULY 2003

_____________________

 

 

 

Message No. 129

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to provide for the establishment of the Aboriginal Lands Parliamentary Standing Committee; to define the functions, powers and duties of that Committee; to amend the Aboriginal lands Trust Act 1966 and the Parliamentary Remuneration Act 1990; and for other purposes, without any amendment.

House of Assembly, 15 July 2003.                                                       I. P. LEWIS, Speaker.

 

Aboriginal Lands
Parliamentary
Standing
Committee.

 

 

Message No. 130

                 MR. PRESIDENT - In reply to Message No. 115 from the Legislative Council, the House of Assembly agrees to the time and place appointed by the Legislative Council for holding the Conference.

House of Assembly, 16 July 2003.                                                       I. P. LEWIS, Speaker.

 

Criminal Law
(Sentencing)
(Sentencing
Guidelines)
Amendment Bill.

 

 

 

Message No. 131

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Parliamentary Remuneration Act 1990 and to make related amendments to the Parliamentary Superannuation Act 1974, to which it desires the concurrence of the Legislative Council.

House of Assembly, 16 July 2003.                                                       I. P. LEWIS, Speaker.

                 Bill read a first time.

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

                 On motion of the Hon. R. I. Lucas, the debate was adjourned until next day of sitting.

 

Parliamentary
Remuneration
(Powers of
Remuneration
Tribunal)
Amendment Bill.

 

 

Message No. 132

                 MR. PRESIDENT - The House of Assembly does not insist on its disagreement to Amendment No. 9 made by the Legislative Council in the Statutes Amendment (Honesty and Accountability in Government) Bill.

House of Assembly, 16 July 2003.                                                       I. P. LEWIS, Speaker.

 

Statutes Amendment
(Honesty and
Accountability in
Government) Bill.

 

 

Message No. 133

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled a Bill for an Act to amend the Summary Procedure Act 1921, without any amendment.

House of Assembly, 16 July 2003.                                                       I. P. LEWIS, Speaker.

 

Summary Procedure
(Classification of
Offences)
Amendment Bill.

 

 

Message No. 134

                 MR. PRESIDENT - The House of Assembly has agreed to Amendment No. 2 made by the Legislative Council in the Coroners Bill without amendment and has disagreed to Amendment No. 1 and has made an alternative amendment in lieu thereof as indicated in the annexed Schedule.  The House of Assembly returns the Bill herewith and desires its reconsideration.

House of Assembly, 16 July 2003.                                                       I. P. LEWIS, Speaker.

 

Coroners Bill.

 

 

Schedule of the Amendment to which the House of Assembly has disagreed

No. 1.      Page 16, lines 12 and 13 (clause 25) - Delete subclause (4) and substitute:

                          (4) The Court must, as soon as practicable after the completion of the inquest, forward a copy of its findings and recommendations (if any)—

                          (a)      to the Attorney-General; and

                          (b)      in the case of an inquest into a death in custody, to—

                                      (i)      any other Minister (whether in this jurisdiction or some other jurisdiction) responsible for the administration of the Act or law under which the deceased was being detained, apprehended or held at the relevant time; and

                                      (ii)     each person who appeared personally or by counsel at the inquest; and

                                      (iii)    any other person who, in the opinion of the Court, has a sufficient interest in the matter.

                          (5) If the findings on an inquest into a death in custody include recommendations made by the Court, the Attorney-General must, within 6 months after receiving a copy of the findings and recommendations—

                          (a)      cause a report to be laid before each House of Parliament giving details of any action taken or proposed to be taken by any Minister or other agency or instrumentality of the Crown in consequence of those recommendations; and

                          (b)      forward a copy of the report to the Court.

 

Schedule of the Alternative Amendment made by the House of Assembly

                          (4) The Court must, as soon as practicable after the completion of the inquest, forward a copy of its findings and recommendations—

                          (a)      to the Attorney-General; and

                          (b)      in the case of an inquest into a death in custody—

                                      (i)      if the Court has added to its findings a recommendation directed to a Minister or other agency or instrumentality of the Crown—to each such Minister, agency or instrumentality of the Crown; and

                                      (ii)     to each person who appeared personally or by counsel at the inquest; and

                                      (iii)    to any other person who, in the opinion of the Court, has a sufficient interest in the matter.

                          (5) The Minister or the Minister responsible for the agency or other instrumentality of the Crown must, within 8 sitting days of the expiration of 6 months after receiving a copy of the findings and recommendations under subsection (4)(b)(i)—

                          (a)      cause a report to be laid before each House of Parliament giving details of any action taken or proposed to be taken in consequence of those recommendations; and

                          (b)      forward a copy of the report to the State Coroner.

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

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

 

 

 

Message No. 135

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled a Bill for an Act to provide for stabilisation of the chicken meat industry; to repeal the Poultry Meat Industry Act 1969, and for other purposes, without any amendment.

House of Assembly, 16 July 2003.                                                       I. P. LEWIS, Speaker.

 

Chicken Meat
Industry Bill.

 

 

Message No. 136

                 MR. PRESIDENT - The House of Assembly, having considered the recommendations of the Conference on the Criminal Law (Sentencing) (Sentencing Guidelines) Amendment Bill, has agreed to the same.

House of Assembly, 16 July 2003.                                                       I. P. LEWIS, Speaker.

 

Criminal Law
(Sentencing)
(Sentencing
Guidelines)
Amendment Bill.

 

75.

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

 

Next Day
of Sitting.

 

76.

Council adjourned at eight minutes past twelve o’clock midnight until tomorrow at eleven o’clock a.m.

 

Adjournment.

 

_________________________

 

 

 

 

 

Members present during any part of the sitting:

 

 

 

The Hon. T. G. Cameron

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. J. M. Gazzola

The Hon. I. Gilfillan

The Hon. P. Holloway

The Hon. S. M. Kanck

 

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. K. J. Reynolds

The Hon. D. W. Ridgway

The Hon. T. G. Roberts

The Hon. C. V. Schaefer

The Hon. R. K. Sneath

The Hon.  J. F. Stefani

The Hon. T. J. Stephens

The Hon. C. Zollo

The Hon. N. Xenophon