SOUTH AUSTRALIA]

No. 48

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

THURSDAY  16  JULY  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.

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

                 By the Hon. D. N. Winderlich from 90 residents of South Australia, concerning an anti-corruption body.  The Petitioners pray that this Honourable House will convey the community’s desire for an independent anti-corruption body to the Premier, Mike Rann.

 

Petition:
No. 17 -
Anti-corruption
Body.

   3.

Answers to Questions on Notice Nos. 182 to 189, 198 and 220 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 following Papers were laid upon the Table, viz.:

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

                 Chicken Meat Industry Act 2003 - Review of Operation Report.

                 South Australian Forestry Corporation Charter.

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

                 Upper South East Dryland Salinity and Flood Management Act 2002 - Quarterly Reports for the periods -

                          1 April 2008 to 30 June 2008.

                          1 July 2008 to 30 September 2008.

                          1 October 2008 to 31 December 2008.

                          1 January 2009 to 31 March 2009.

 

Papers.

     5

The Minister for Mineral Resources Development, by leave, tabled a copy of a Ministerial Statement made by the Minister for Water Security (The Hon. K. A. Maywald, M.P.) concerning Clayton Public Meeting Response.

 

Ministerial
Statement Tabled.

   6.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 6 be postponed and taken into consideration after Order of the Day (Government Business) No. 7.

 

Postponement
of Business.

    7.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of Message No. 78 from the House of Assembly relating to the Public Sector Bill.

 

In the Committee

 

                 Resolved - That Amendment No. 1 be agreed to with the amendment made by the House of Assembly.

                 Resolved - That Amendment No. 15 be not insisted on but the alternative amendment made by the House of Assembly be agreed to.

                 Resolved - That Amendments Nos. 2, 3, 9, 10 and 12 be not insisted on.

_____________________

 

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

 

Public Sector Bill.

   8.

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

 

Postponement
of Business.

    9.

On the Order of the Day being read for the adjourned debate on the question - That the Reproductive Technology (Clinical Practices) (Miscellaneous) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. T. J. Stephens, the debate was postponed and ordered to be resumed on motion.

 

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

 

10.

Ordered - That Orders of the Day (Government Business) No. 3 to No. 6 and No. 8 and No. 9 be postponed and taken into consideration after Order of the Day (Government Business) No. 10.

 

Postponement
of Business.

11.

The Minister for State/Local Government Relations, according to order, moved - That the Harbors and Navigation (Miscellaneous) Amendment Bill be now read a second time.

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

 

Harbors and
Navigation
(Miscellaneous)
Amendment Bill.

 

12.

Ordered - That Orders of the Day (Government Business) No. 3 to No. 5 be postponed and taken into consideration after Order of the Day (Government Business) No. 6.

 

Postponement
of Business.

13.

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.

14.

Ordered - That Order of the Day (Government Business) No. 3 be postponed and taken into consideration after Order of the Day (Government Business) No. 4.

 

Postponement
of Business.

15.

On the Order of the Day being read for the adjourned debate on the question - That the Second-hand Vehicle Dealers (Cooling-off Rights) Amendment Bill be now read a second time:

                 Debate resumed.

                 Question put and passed.

                 Bill read a second time.

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

 

In the Committee

 

                          Clause No. 1 read.

                 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.

 

Second-hand
Vehicle Dealers
(Cooling-off Rights)
Amendment Bill.

16.

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.

                 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.

 

River Torrens
Linear Park
(Linear Parks)
Amendment Bill.

17.

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

 

Postponement
of Business.

 

  18.

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

Message No. 84

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Building Work Contractors Act 1995, the Civil Liability Act 1936, the Conveyancers Act 1994, the Fair Trading Act 1987, the Land Agents Act 1994, the Plumbers, Gas Fitters and Electricians Act 1995, the Second-hand Vehicles Dealers Act 1995, the Security and Investigation Agents Act 1995 and the Travel Agents Act 1986; and to repeal the Consumer Transactions Act 1972 and the Recreational Services (Limitation of Liability) Act 2002, with the amendment indicated by the annexed Schedule, to which amendment the House of Assembly desires the concurrence of the Legislative Council.

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

 

Schedule of the Amendment made by the House of Assembly

Clause 36, page 17, line 21 [clause 36, inserted section 74H(4)]—

Delete “section” and substitute:

Act or any other Act or law

M. LEHMAN, Clerk of the House of Assembly.

 

Message from
House of Assembly:
Statutes Amendment
and Repeal
(Fair Trading) Bill.

19.

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

 

Next Day of Sitting.

20.

Council adjourned at ten minutes past six o’clock until tomorrow at eleven 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