SOUTH AUSTRALIA]

No. 34

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  16  OCTOBER  2002

 

 

 

   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 following Papers were laid upon the Table, viz.:

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

                 Reports, 2001-2002 -

                          Bio Innovation SA.

                          Commissioners of Charitable Funds.

                          Construction Industry Training Board.

                          Nurses Board - South Australia.

                          Playford Centre.

 

Papers.

   3.

The Hon. C. Zollo brought up the Eleventh Report, 2002-2003 of the Legislative Review Committee.

 

 

Legislative
Review
Committee -
Eleventh Report,
2002-2003.

 

   4.

The Minister for Aboriginal Affairs and Reconciliation brought up the Interim Report of the Select Committee on the Shop Trading Hours (Miscellaneous) Amendment Bill.

                 Ordered - That the Interim Report be printed.  (Paper No. 129)

 

Select Committee
on the Shop
Trading Hours
(Miscellaneous)
Amendment  Bill -
Interim Report.

 

   5.

The Minister for Agriculture, Food and Fisheries (The Hon. P. Holloway) tabled a Ministerial Statement made by the Premier (The Hon. M. D. Rann, M.P.) concerning a Review of State Disaster Legislation and Associated Arrangements.

 

Paper Tabled.

   6.

The Minister for Agriculture, Food and Fisheries tabled a Ministerial Statement made by the Minister for Police (The Hon. P. F. Conlon, M.P.) concerning the Investigation into the Murder of Dr. Margaret Tobin.

 

Paper Tabled.

   7.

The Minister for Agriculture, Food and Fisheries tabled a Ministerial Statement made by the Minister for Emergency Services (The Hon. P. F. Conlon, M.P.) concerning the Early Commencement of the Fire Season for 2002.

 

Paper Tabled.

   8.

The Minister for Aboriginal Affairs and Reconciliation tabled a Ministerial Statement made by the Attorney-General (The Hon. M. J. Atkinson, M.P.) concerning the Findings in the Court of Disputed Returns in the Matter of Featherston v. Tully.

 

Paper Tabled.

   9.

The Minister for Aboriginal Affairs and Reconciliation tabled a Ministerial Statement made by the Attorney-General concerning the Constitutional Convention.

 

Paper Tabled.

10.

The President called on Members to make Statements on Matters of Interest.

 

Statements
on Matters
of Interest.

 

  11.

The Minister for Agriculture, Food and Fisheries, pursuant to notice, moved - That two months’ leave of absence be granted to the Hon. N. Xenophon on account of illness.

                 Question put and passed.

 

Leave of Absence.

12.

Ordered - That Notice of Motion (Private Business) No. 1 be an Order of the day for Wednesday next.

 

Postponement
of Business.

13.

The Hon. A. J. Redford, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to provide members of Parliament to be informed of, and consulted in relation to, proposed interstate agreements; and for other purposes.

                 Question put and passed.

                 Bill introduced and read a first time.

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

                 On motion of the Minister for Agriculture, Food and Fisheries, the debate was adjourned until Wednesday next.

 

Interstate Agreements Bill.

  14.

Ordered - That Order of the Day (Private Business) No. 1 be discharged.

 

Business
Discharged.

 

  15.

Ordered - That Order of the Day (Private Business) No. 2 be discharged.

 

Business
Discharged.

 

16.

Ordered - separately - That Orders of the Day (Private Business) No. 3 to No. 30 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

  17.

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

                 Ordered - That the time for bringing up the Report be extended until Wednesday, 20 November 2002.

 

Select Committee
on Pitjantjatjarra
Land Rights.

  18.

The Minister for Aboriginal Affairs and Reconciliation, pursuant to notice, moved - That the Interim Report of the Select Committee on Shop Trading Hours (Miscellaneous) Amendment Bill, be noted.

                 Debate ensued.

                 Question put and passed.

 

Select Committee on
Shop Trading Hours
(Miscellaneous)
Amendment Bill -
Interim Report
to be noted -
Motion re.

19.

Order of the Day read for the Report of the Select Committee on Shop Trading Hours (Miscellaneous) Amendment Bill to be brought up:

                 Ordered - That the time for bringing up the Report be extended until Wednesday, 23 October 2002.

 

Select Committee
on Shop Trading
Hours
(Miscellaneous)
Amendment Bill.

20.

The Minister for Aboriginal Affairs and Reconciliation, according to order, moved - That the Native Vegetation (Miscellaneous) Amendment Bill be now read a second time.

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

 

Native Vegetation
(Miscellaneous)
Amendment Bill.

 

21.

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 the Criminal Law Consolidation Act 1935 and the Criminal Law (Sentencing) Act 1988, to which it desires the concurrence of the Legislative Council.

House of Assembly, 15 October 2002.                                                                        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.

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

 

Messages from
House of Assembly:
Statutes Amendment
(Bushfires) Bill.

 

 

Message No. 56

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to provide for the revision and publication of South Australian legislation; to repeal the Acts Republication Act 1967; to amend the Evidence Act 1929 and the Subordinate Legislation Act 1978; and for other purposes, to which it desires the concurrence of the Legislative Council.

House of Assembly, 15 October 2002.                                                                        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.

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

 

Legislation
Revision and
Publication Bill.

 

 

Message No. 57

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Financial Sector (Transfer of Business) Act 1999, the First Home Owner Grant Act 2000, the Pay-roll Tax Act 1971, the Petroleum Products Regulation Act 1995, the Stamp Duties Act 1923 and the Taxation Administration Act 1996, to which it desires the concurrence of the Legislative Council.

House of Assembly, 15 October 2002.                                                                        I. P. LEWIS, Speaker.

                 Bill 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. T. J. Stephens, the debate was adjourned until next day of sitting.

 

Statutes Amendment
(Stamp Duties
and Other
Measures) Bill.

 

 

 

Message No. 58

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Acts Interpretation Act 1915, the Administration and Probate Act 1919, the Criminal Law (Sentencing) Act 1988, the Domestic Violence Act 1994, the Evidence Act 1929, the Expiation of Offences Act 1996, the Partnership Act 1891, the Real Property Act 1886, the Summary Offences Act 1953, the Trustee Act 1936, the Trustee Companies Act 1988 and the Worker’s Liens Act 1893, to which it desires the concurrence of the Legislative Council.

House of Assembly, 15 October 2002.                                                                        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.

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

 

Statutes Amendment
(Attorney-General’s
Portfolio) Bill.

 

 

 

Message No. 59

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Civil Aviation (Carriers’ Liability) Act 1962, the Harbors and Navigation Act 1993, the Motor Vehicles Act 1959 and the Road Traffic Act 1961, to which it desires the concurrence of the Legislative Council.

House of Assembly, 15 October 2002.                                                                        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.

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

 

Statutes Amendment
(Transport Portfolio)
Bill.

 

22.

Ordered - That Orders of the Day (Government Business) No. 3 and No. 4 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

23.

On the Order of the Day being read for the adjourned debate on the question - That the Gas Pipelines Access (South Australia) (Review) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. G. E. Gago, the debate was adjourned until next day of sitting.

 

Gas Pipelines Access
(South Australia)
(Review)
Amendment Bill.

24.

On the Order of the Day being read for the adjourned debate on the question - That the Public Finance and Audit (Honesty and Accountability in Government) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. G. E. Gago, the debate was adjourned until next day of sitting.

 

Public Finance
and Audit
(Honesty and
Accountability in Government) Amendment  Bill.

25.

Ordered - That Order of the Day (Government Business) No. 7 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

26.

On the Order of the Day being read for the adjourned debate on the question - That the Legal Services Commission (Miscellaneous) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. G. E. Gago, the debate was adjourned until next day of sitting.

 

Legal Services
Commission
(Miscellaneous)
Amendment  Bill.

27.

On the Order of the Day being read for the adjourned debate - That the Criminal Law Consolidation (Offences of Dishonesty) 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.

 

Criminal Law
Consolidation
(Offences of
Dishonesty)
Amendment Bill.

28.

On the Order of the Day being read for the adjourned debate on the question - That the Criminal Law Consolidation (Territorial Application of the Criminal Law) Amendment Bill be now read a second time:

                 Debate resumed.

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

 

Criminal Law
Consolidation
(Territorial
Application of the
Criminal Law)
Amendment Bill.

29.

Ordered - That Orders of the Day (Government Business) No. 11 to No. 13 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

30.

On the Order of the Day being read for the adjourned debate - That the Classification (Publications, Films and Computer Games) (On-line Services) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. R. K. Sneath, the debate was adjourned until next day of sitting.

 

Classification
(Publications, Films
and Computer
Games)
(On-line Services)
Amendment Bill.

31.

Ordered - That Orders of the Day (Government Business) No. 15 and No. 16 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

32.

On the Order of the Day being read for the adjourned debate - That the Stamp Duties (Gaming Machine Surcharge) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. R. K. Sneath, the debate was adjourned until next day of sitting.

 

Stamp Duties
(Gaming Machine
Surcharge)
Amendment Bill.

33.

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

Message No. 60

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Parliamentary Superannuation Act 1974, the Police Superannuation Act 1990, the Southern State Superannuation Act 1994 and the Superannuation Act 1988, to which it desires the concurrence of the Legislative Council.

House of Assembly, 16 October 2002.                                                                        I. P. LEWIS, Speaker.

                 Bill read a first time.

                 Ordered - That the second reading be an Order of the Day for Wednesday next.

 

Message from
House of Assembly:
Statutes Amendment (Equal
Superannuation
Entitlements for
Same Sex Couples)
Bill.

34.

Council adjourned at twelve minutes to six o’clock midnight until tomorrow at fifteen minutes past two o’clock.

 

Adjournment.

 

_________________________

 

 

 

 

 

Members present during any part of the sitting:

 

 

 

The Hon. J.S.L. Dawkins

The Hon. M. J. Elliott

The Hon. A. L. Evans

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. I. Gilfillan

The Hon. P. Holloway

 

The Hon. S. M. Kanck

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. A. J. Redford

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