SOUTH AUSTRALIA]

No. 29

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY  17  FEBRUARY  2004

 

 

 

   1.

Council met pursuant to adjournment.  The President (The Hon. R. R. Roberts) 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. 5.

                 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. 53 of 2003 - An Act to amend the Expiation of Offences Act 1996, the Road Traffic Act 1961 and the Summary Procedure Act 1921.

                 No. 54 of 2003 - An Act to amend the Passenger Transport Act 1994 and to make related amendments to the Road Traffic Act 1961 and the Superannuation Act 1988.

                 No. 55 of 2003 - An Act to amend the Legal Practitioners Act 1981.

                 No. 56 of 2003 - An Act to amend the Summary Offences Act 1953.

                 No. 57 of 2003 - An Act to amend the Country Fires Act 1989 and the South Australian Metropolitan Fire Service Act 1936.

                 No. 58 of 2003 - An Act to amend the National Environment Protection Council (South Australia) Act 1995.

                 No. 59 of 2003 - An Act to amend the Southern State Superannuation Act 1994 and to repeal the Superannuation (Visiting Medical Officers) Act 1993.

                 No. 60 of 2003 - An Act to amend the Criminal Law Consolidation Act 1935 and to make related amendments to the Criminal Law (Sentencing) Act 1988.

                 No. 61 of 2003 - An Act to amend the Survey Act 1992.

                 No. 62 of 2003 - An Act to amend the Highways Act 1926; and to make a related amendment to the Local Government Act 1999.

                 No. 63 of 2003 - An Act to amend the National Parks and Wildlife Act 1972.

Government House, Adelaide.                 MARJORIE JACKSON-NELSON, Governor.

25 November 2003.

 

Message from
Governor:
Assent to Bills.

 

    3.

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

        By the Minister for Agriculture, Food and Fisheries (The Hon. P. Holloway) -

                 Reports, 2002-2003 -

                          Courts Administration Authority.

                          Final Budget Outcome.

                          Juvenile Justice Advisory Committee.

                          Legal Practitioners Disciplinary Tribunal.

                          South Australian Apiary Industry Advisory Group.

                          South Australian Pig Industry Advisory Group.

Papers.

 

 

                 Regulations under the following Acts -

                          Country Fires Act 1989 - Bushfire Summit Recommendations.

                          Criminal Law (Forensic Procedures) Act 1998 - Variation.

                          Fisheries Act 1982 - Rock Lobster Northern Zone - Clarification of Quota.

                          Gas Act 1997 - Rationing.

                          Judges’ Pensions Act 1971 - Non-Member Spouse Entitlement.

                          Juries Act 1927 - Remuneration.

                          Legal Practitioners Act 1981 - Fees.

                          Liquor Licensing Act 1997 -

                                   Blackfriars Priory School Exemption.

                                   Long Term Dry Areas -

                                             Millicent.

                                             Port Augusta.

                                   Short Term Dry Areas -

                                             Alexandrina Council, Glenelg.

                                             Beachport.

                                             Peterborough.

                                             Robe.

                          Livestock Act 1997 - Cattle Identification.

                          Meat Hygiene Act 1994 - Food Standards Code.

                          National Electricity (South Australia) Act 1996 - Penalty.

                          Parliamentary Superannuation Act 1974 - Non-Member Spouse Entitlement.

                          Plumbers, Gas Fitters and Electricians Act 1995 - Exemptions.

                          Police Superannuation Act 1990 - Non-Member Spouse Entitlement.

                          Public Corporations Act 1993 -

                                   Austrics Dissolution.

                                   SA Infrastructure Corporation.

                          Retail and Commercial Leases Act 1995 - Minimum Term Variation.

                          Senior Secondary Assessment Board of South Australia Act 1983 - Subjects and Fees.

                          Southern State Superannuation Act 1994 - Non-Member Spouse Entitlement.

                          Superannuation Act 1988 - Non-Member Spouse Entitlement.

                          Victims of Crime Act 2001 - Compensation.

                 Rules of Court -

                          District Court - District Court Act 1991 - Mediation Court.

                          Magistrates Court - Magistrates Court Act 1991 - Correction of Numbering Error.

                          Supreme Court - Supreme Court Act 1935 -

                                   Affidavits and Errors Corrected.

                                   Probate Rules - Affidavits.

        By the Minister for Aboriginal Affairs and Reconciliation

        (The Hon. T. G. Roberts) -

                 Reports, 2002-2003 -

                          Ceduna/Koonibba Aboriginal Health Service Inc.

                          Controlled Substances Advisory Council.

                          Department of Human Services under the Public and Environmental Health Act 1987.

                          Drug and Alcohol Services Council.

                          Hills Mallee Southern Regional Health Service.

                          Julia Farr Services.

                          Mount Gambier and District Health Service Inc.

                          Noarlunga Health Services.

                          Noarlunga Health Services’ Financial and Business Statements.

                          Royal Adelaide Hospital.

                          Wakefield Regional Health Service Inc.

                 Independent Gambling Authority, Inquiry concerning Advertising and Responsible Gambling Codes of Practice - First Supplementary Report, December 2003.

                 Industrial Relations Commission of South Australia - Guide for Unfair Dismissal Matters - Report.

                 Regulations under the following Acts -

                          Development Act 1993 - Swimming Pools.

                          Lottery and Gaming Act 1936 - Instant Lottery.

 

 

 

                          Motor Vehicles Act 1959 -

                                   SAPOL Motorcycles.

                                   Testing and Demerit Points.

                          Passenger Transport Act 1994 -

                                   Conduct of Passengers.

                                   Fares and Charges.

                                   Minister Replaces Board.

                          Prevention of Cruelty to Animals Act 1985 - Dog Tail Docking.

                          Prohibition of Human Cloning Act 2003 - Warrants and Compensation.

                          Radiation Protection and Control Act 1982 - Transport.

                          Rates and Land Tax Remission Act 1986 - Maximum Remission.

                          Reproductive Technology (Clinical Practices) Act 1988 -

                                   Ethical Clinical Practice Code.

                                   Revocation of 1995 Research Code.

                          Research Involving Human Embryos Act 2003 - Warrants, Compensation and Research.

                          Road Traffic Act 1961 - Photographic Detection Devices.

                 By-laws -

                          Regional Council -

                                   Port Pirie -

                                            No. 1 - Permits and Penalties.

                                            No. 2 - Moveable Signs.

                                            No. 4 - Roads.

 

 

 

   4.

The Minister for Agriculture, Food and Fisheries tabled a copy of a Ministerial Statement made by the Premier (The Hon. M. D. Rann, M.P.) concerning Nightclubs and Reforms.

 

Ministerial
Statement Tabled.

 

   5.

The Minister for Aboriginal Affairs and Reconciliation tabled a copy of a Ministerial Statement made by the Minister for Environment and Conservation (The Hon. J. D. Hill, M.P.) concerning  Forestry in the South East.

 

Ministerial
Statement Tabled.

 

   6.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 5 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

   7.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (Intervention Programs and Sentencing Procedures) 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.

 

Statutes Amendment
(Intervention
Programs and
Sentencing
Procedures) Bill.

 

 

   8.

On the Order of the Day being read for the adjourned debate on the question - That the Zero Waste 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.

 

Zero Waste Bill.

 

   9.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (Computer Offences) 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.

 

Statutes Amendment
(Computer Offences)
Bill.

 

 

10.

The Minister for Agriculture, Food and Fisheries, without notice, moved - That the Standing Orders be so far suspended as to enable him to move - That the Order made this day for Order of the Day (Government Business) No. 6 to be an Order of the Day for next day of sitting be rescinded and for the Order of the Day to be taken into consideration forthwith.

                 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.

 

 

 

                 The Minister for Agriculture, Food and Fisheries then moved - That the Order made this day for Order of the Day (Government Business) No. 6 to be an Order of the Day for next day of sitting be rescinded and for the Order of the Day to be taken into consideration forthwith.

                 Question put and passed.

 

Order of Business.

 

 

11.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (Intervention Programs and Sentencing Procedures) 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.

 

Statutes Amendment
(Intervention
Programs and
Sentencing
Procedures) Bill.

 

 

12.

Ordered - That Orders of the Day (Government Business) No. 9 and No. 10 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

13.

Council adjourned at five o’clock 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. 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. 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