SOUTH AUSTRALIA]

No. 91

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

THURSDAY  17  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.

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

Message No. 12.

                 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. 20 of 2003 - An Act to amend the Nurses Act 1999.

                 No. 21 of 2003 - An Act to amend the Parliamentary Superannuation Act 1974, the Police Superannuation Act 1990 and the Superannuation Act 1988.

Government House, Adelaide, 17 July 2003.      MARJORIE JACKSON-NELSON, Governor.

 

Message from
Governor:
Assent to Bills.

 

   3.

The Minister for Agriculture, Food and Fisheries, without notice, moved - That the Standing Orders be so far suspended as to enable Petitions, the Tabling of Papers and Question Time to be taken into consideration at fifteen minutes past two o’clock.

                 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.

 

   4.

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 and ordered to be resumed on motion.

 

Appropriation Bill.

 

   5.

Ordered - That Orders of the Day (Government Business) No. 2 to No. 12 and Orders of the Day (Private Business) No. 1 No. 12 be postponed and taken into consideration after Order of the Day (Private Business) No. 13.

 

Postponement
of Business.

 

   6.

On the Order of the Day being read for the adjourned debate on the question - That the Parliamentary Remuneration (Powers of Remuneration Tribunal) Amendment Bill be now read a second time:

                 Debate resumed.

                 Question put and passed.

                 Bill read a second time.

 

Parliamentary
Remuneration
(Powers of
Remuneration
Tribunal)
Amendment Bill.

 

 

                 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 motion.

 

 

 

   7.

Ordered - That Orders of the Day (Government Business) No. 2 to No. 4 be postponed and taken into consideration after Order of the Day (Government Business) No. 5.

 

Postponement
of Business.

 

   8.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Criminal Law Consolidation (Self Defence) Amendment Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 3 agreed to.

                 The Minister for Agriculture, Food and Fisheries moved on page 3, after line 10, to insert new clauses as follow:

                          “Amendment of section 15—Self defence

         3A. (1) Section 15(1)—after paragraph (b) insert (as a note to paragraph (b)):

1.See, however, section 15C. If the defendant establishes that he or she is entitled to the benefit of that section, this paragraph will be inapplicable.

         (2) Section 15(2)—after paragraph (b) insert (as a note to subsection (2)):

1.See, however, section 15C. If the defendant establishes that he or she is entitled to the benefit of that section, the defendant will be entitled to a complete defence.

                          Amendment of section 15A—Defence of property etc

         3B.(1) Section 15A(1)—after paragraph (c) insert (as a note to paragraph (c)):

1.See, however, section 15C. If the defendant establishes that he or she is entitled to the benefit of that section, this paragraph will be inapplicable.

         (2) Section 15A(2)—after paragraph (c) insert (as a note to subsection (2)):

1.See, however, section 15C. If the defendant establishes that he or she is entitled to the benefit of that section, the defendant will be entitled to a complete defence.”

                 The Hon. R. D. Lawson moved on page 3, after line 10, to insert new clauses as follow:

                          “Amendment of section 15—Self defence

         3A. (1) Section 15(1)(b)—delete paragraph (b) and substitute:

                  (b) either—

                            (i)     the conduct was, in the circumstances as the defendant genuinely believed them to be, reasonably proportionate to the threat that the defendant genuinely believed to exist; or

                            (ii)    the requirement of reasonable proportionality does not apply in the circumstances of the particular case.1

1.See section 15C.

         (2) Section 15(2)—after paragraph (b) insert (as a note to subsection (2)):

1.This subsection will not be relevant if the requirement of reasonable proportionality does not apply in the circumstances of the particular case and the defendant is entitled to a complete defence under subsection (1).

                          Amendment of section 15A—Defence of property etc

         3B. (1) Section 15A(1)(c)—delete paragraph (c) and substitute:

                  (c)either—

                            (i)     the conduct was, in the circumstances as the defendant genuinely believed them to be, reasonably proportionate to the threat that the defendant genuinely believed to exist; or

                            (ii)    the requirement of reasonable proportionality does not apply in the circumstances of the particular case.1

1.See section 15C.

         (2) Section 15A(2)—after paragraph (c) insert (as a note to subsection (2)):

1.This subsection will not be relevant if the requirement of reasonable proportionality does not apply in the circumstances of the particular case and the defendant is entitled to a complete defence under subsection (1).”

                          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.

 

Criminal Law
Consolidation
(Self Defence)
Amendment Bill.

 

   9.

At one minute past one o’clock the sitting was suspended until the ringing of the bells.

                 At fifteen minutes past two o’clock the sitting was resumed.

 

Suspension and
Resumption of
Sitting.

 

10.

Answers to Questions on Notice Nos. 226, 251, 252, 255, 257, 258, 270 and 271 received this day were tabled by the President who directed that they be distributed and printed in Hansard.

 

Answers to
Questions on
Notice.

 

  11.

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

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

                 Government Response to the Emergency Services Review - July 2003.

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

                 University of South Australia - Report, 2002.

 

Papers.

 

12.

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 the Adoption of Recommendations contained in the Economic Development Board’s Report, “A Framework for the Economic Development of South Australia”.

 

Ministerial
Statement
Tabled.

 

13.

The Minister for Agriculture, Food and Fisheries tabled a copy of a Ministerial Statement made by the Minister for Emergency Services (The Hon. P. F. Conlon, M.P.) concerning the Government’s Response to the Emergency Services Review.

 

Ministerial
Statement
Tabled.

 

14.

The Minister for Agriculture, Food and Fisheries, by leave, without notice, moved - That the Members of this Council appointed to the Joint Committee on a Code of Conduct for Members of Parliament have power to act on this Joint Committee during the recess.

                 Question put and passed.

 

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

 

15.

Ordered - That Orders of the Day (Government Business) No. 2 to No. 4 and No. 6 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

16.

Ordered - That Orders of the Day (Government Business) No. 7 and No. 8 be postponed and taken into consideration on motion.

 

Postponement
of Business.

 

17.

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.

 

18.

On the Order of the Day being read for the adjourned debate on the question - That the National Wine Centre (Restructuring and Leasing Arrangements) (University of Adelaide) 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 postponed and taken into consideration on motion.

 

National Wine
Centre
(Restructuring
and Leasing
Arrangements)
(University of
Adelaide)
Amendment Bill.

 

19.

Ordered - That the adjourned debate on the question - That the Waterworks (Save the River Murray Levy) Amendment Bill be now read a second time - be now resumed:

                 Debate resumed.

                 Question put and passed.

                 Bill read a second time.

                 Ordered - That the Bill’s consideration in Committee be postponed and taken into consideration on motion.

 

Waterworks
(Save the River
Murray Levy)
Amendment Bill.

 

20.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the National Wine Centre (Restructuring and Leasing Arrangements) (University of Adelaide) Amendment Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 5 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 without amendment; whereupon the Council adopted such report.

                 The Minister for Agriculture, Food and Fisheries, 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.

 

National Wine
Centre
(Restructuring
and Leasing
Arrangements)
(University of
Adelaide)
Amendment Bill.

 

21.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Criminal Law Consolidation (Self Defence) Amendment Bill.

 

In the Committee

 

                          Proposed new Clauses No. 3A and 3B that the Minister for Agriculture, Food and Fisheries had moved on page 3, after line 10, to insert as follows:

                          “Amendment of section 15—Self defence

         3A. (1) Section 15(1)—after paragraph (b) insert (as a note to paragraph (b)):

1.See, however, section 15C. If the defendant establishes that he or she is entitled to the benefit of that section, this paragraph will be inapplicable.

         (2) Section 15(2)—after paragraph (b) insert (as a note to subsection (2)):

1.See, however, section 15C. If the defendant establishes that he or she is entitled to the benefit of that section, the defendant will be entitled to a complete defence.

                          Amendment of section 15A—Defence of property etc

         3B.(1) Section 15A(1)—after paragraph (c) insert (as a note to paragraph (c)):

1.See, however, section 15C. If the defendant establishes that he or she is entitled to the benefit of that section, this paragraph will be inapplicable.

         (2) Section 15A(2)—after paragraph (c) insert (as a note to subsection (2)):

1.See, however, section 15C. If the defendant establishes that he or she is entitled to the benefit of that section, the defendant will be entitled to a complete defence.”

                          And Proposed new clauses No. 3A and 3B that the Hon. R. D. Lawson had moved on page 3, after line 10, to insert as follows:

                          “Amendment of section 15—Self defence

         3A. (1) Section 15(1)(b)—delete paragraph (b) and substitute:

                  (b) either—

                            (i)     the conduct was, in the circumstances as the defendant genuinely believed them to be, reasonably proportionate to the threat that the defendant genuinely believed to exist; or

                            (ii)    the requirement of reasonable proportionality does not apply in the circumstances of the particular case.1

1.See section 15C.

         (2) Section 15(2)—after paragraph (b) insert (as a note to subsection (2)):

1.This subsection will not be relevant if the requirement of reasonable proportionality does not apply in the circumstances of the particular case and the defendant is entitled to a complete defence under subsection (1).

                          Amendment of section 15A—Defence of property etc

         3B. (1) Section 15A(1)(c)—delete paragraph (c) and substitute:

                  (c) either—

                            (i)     the conduct was, in the circumstances as the defendant genuinely believed them to be, reasonably proportionate to the threat that the defendant genuinely believed to exist; or

                            (ii)    the requirement of reasonable proportionality does not apply in the circumstances of the particular case.1

1. See section 15C.

         (2) Section 15A(2)—after paragraph (c) insert (as a note to subsection (2)):

1.This subsection will not be relevant if the requirement of reasonable proportionality does not apply in the circumstances of the particular case and the defendant is entitled to a complete defence under subsection (1).”

- further considered.

                 Question - That new clause No. 3A, as proposed to be inserted by the Minister for Agriculture, Food and Fisheries, be so inserted - put and passed.

                 Question - That new clause No. 3B, as proposed to be inserted by the Minister for Agriculture, Food and Fisheries, be so inserted - put and passed.

Criminal Law
Consolidation
(Self Defence)
Amendment Bill.

 

 

                 Question - That new clause No. 3A, as proposed to be inserted by the Hon. R. D. Lawson, be so inserted - put.

 

 

 

             Committee divided:

Ayes, 9

The Hon. T. G. Cameron

The Hon. J.S.L. Dawkins

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. R. D. Lawson (Teller)

 

      So it passed in the negative.

 

Noes, 10

The Hon. A. J. Evans

The Hon. J. M. Gazzola

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. K. J. Reynolds

The Hon. T. G. Roberts

The Hon. R. K. Sneath

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

 

                          Clause No. 4 read.

                 The Minister for Agriculture, Food and Fisheries moved on page 3, lines 20 to 22, to leave out subclause (1) and insert new subclause as follows:

                                   “(1) This section applies where—

                          (a)   a relevant defence would have been available to the defendant if the defendant's conduct had been (objectively) reasonably proportionate to the threat that the defendant genuinely believed to exist (the perceived threat); and

                          (b)   the victim was not a police officer acting in the course of his or her duties.”

                 The Hon. R. D. Lawson moved on page 3, lines 18 to 34, and page 4, lines 1 to 16, to leave out proposed new section 15C and insert the following:

                          “Requirement of reasonable proportionality not to apply in certain cases

         15C. (1) For the purposes of this Division, the requirement of reasonable proportionality does not apply in the circumstances of a particular case if (and only if)—

         (a)    the victim was not a police officer acting in the course of his or her duties; and

         (b)    the defendant genuinely believed the victim to be committing, or to have just committed, home invasion; and

         (c)    the defendant was not (at or before the time of the alleged offence) engaged in any criminal misconduct that might have given rise to the threat or to the threat that the defendant genuinely believed to exist (the perceived threat); and

         (d)    the defendant's mental faculties were not, at the time of the alleged offence, substantially affected by the voluntary and non-therapeutic consumption of a drug.

         (2) In this section—

"criminal misconduct" means conduct constituting an offence for which a penalty of imprisonment is prescribed;

"drug" means alcohol or any other substance that is capable (either alone or in combination with other substances) of influencing mental functioning;

"home invasion" means a serious criminal trespass committed in a place of residence;

"non-therapeutic"—consumption of a drug is to be considered non-therapeutic unless—

         (a)    the drug is prescribed by, and consumed in accordance with the directions of, a medical practitioner; or

         (b)    the drug is of a kind available, without prescription, from registered pharmacists, and is consumed for a purpose recommended by the manufacturer and in accordance with the manufacturer's instructions.”

                 The Hon. A. J. Redford moved on page 3, lines 12 to 34, and page 4, lines 1 to 16, to leave the clause and insert new clause as follows:

 

 

 

                          “Substitution of sections 15 and 15A

         4. Sections 15 and 15A—delete the sections and substitute:

Self defence etc

         15. (1) Subject to subsection (3), it is a defence to a charge of an offence if the defendant genuinely believed the conduct to which the charge relates—

                            (a)    to be necessary for a defensive purpose; and

                            (b)    to be reasonably proportionate to a threat that the defendant genuinely believed to exist.

         (2) A person acts for a defensive purpose if the person acts—

                            (a)    in self defence or in defence of another; or

                            (b)    to prevent or terminate the unlawful imprisonment of himself, herself or another; or

                            (c)    to protect property from unlawful appropriation, destruction, damage or interference; or

                            (d)    to prevent criminal trespass to land or premises, or to remove from land or premises a person who is committing a criminal trespass; or

                            (e)    to make or assist in the lawful arrest of an offender or alleged offender or a person who is unlawfully at large.

         (3) A defence is only available under this section in relation to conduct that has resulted in the death of a person if—

                            (a)    the conduct was for a defensive purpose described in subsection (2)(a) or (b); or

                            (b)    the death was not caused intentionally or recklessly.

         (4) For the purposes of this section, a person commits a criminal trespass if the person trespasses on land or premises—

                            (a)    with the intention of committing an offence against a person or property (or both); or

                            (b)    in circumstances where the trespass itself constitutes an offence.

         (5) If a defendant raises a defence under this section, the defence is taken to have been established unless the prosecution disproves the defence beyond reasonable doubt.

Factors to be considered in determining whether genuine belief existed

         15A. In determining whether a defendant had (or may have had) a genuine belief founding a defence under section 15, the court must consider—

                            (a)    whether a threat in fact existed and, if so, whether the defendant's conduct was (objectively) a reasonable response to it1; and

                            (b)    if the defendant's conduct was not (objectively) a reasonable response to a real threat—the plausibility of the explanation (if any) offered by the defendant for having formed the relevant belief2; and

                            (c)    whether the circumstances out of which the threat arose were such as would allow or preclude a detached and dispassionate assessment of the threat and the means of responding to it3; and

                            (d)    whether there were less harmful ways of dealing adequately with the threat that were, or would have been, obvious to the defendant.

1. For example, if the victim was a police officer acting in the course of his or her duties and was identifiable as such, the court may find that circumstance sufficient to negative any belief by the defendant that his or her conduct was necessary for a defensive purpose.

2. The consumption of alcohol or any other drug by the defendant may, for example, be relevant although the court would need to consider all the circumstances to determine the plausibility of the defendant's explanation (including any relevant conduct of the defendant prior to the consumption of the alcohol or drug).

3.The court must recognise, in particular, that there are situations — such as the situation of the innocent victim of a home invasion — in which detached reflection cannot reasonably be expected. Conversely, if the defendant was engaged in criminal conduct that may have given rise to the threat, the court may find that the defendant, in fact, anticipated the threat and could have taken steps to ameliorate it.

                 The Hon. I. Gilfillan moved on page 3, lines 27 and 28, to leave out paragraph (a) and insert new paragraph as follows:

“(a)    at the time of the alleged offence—

(i)     the victim was committing, or had just committed, home invasion; or

(ii)    the defendant had reasonable grounds to believe that the victim was committing, or had just committed, home invasion; and”.

                 Question - That all words in lines 11 to 17 stand as printed - put and passed.

                 Question - That all words in lines 18 and 19 stand as printed - put and passed.

                 Question - That the amendment moved by the Minister for Agriculture, Food and Fisheries be agreed to - put and passed.

                 Question - That the amendment moved by the Hon. I. Gilfillan be agreed to - put and negatived.

                          Clause No. 4, as amended, 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 amendments; whereupon the Council adopted such report.

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

                 Question put.

 

 

 

             Council divided:

Ayes, 16

The Hon. T. G. Cameron

The Hon. J.S.L. Dawkins

The Hon. J. M. Gazzola

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

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. N. Xenophon

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

      So it was resolved in the affirmative.

 

Noes, 4

The Hon. A. L. Evans

The Hon. S. M. Kanck

The Hon. K. J. Reynolds

The Hon. I. Gilfillan (Teller)

 

 

 

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

 

 

22.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of Message No. 134 from the House of Assembly relating to the Coroners Bill.

 

In the Committee

 

                          Resolved - That Amendment No. 1 be not insisted and that the alternative amendment made by the House of Assembly be agreed to.

_____________________

 

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

 

Coroners Bill.

 

23.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Waterworks (Save the River Murray Levy) Amendment Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 6 agreed to.

                          Clause No. 7 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 motion.

 

Waterworks
(Save the River
Murray Levy)
Amendment Bill.

 

24.

The Minister for Agriculture, Food and Fisheries, without notice, moved - That the Standing Orders be so far suspended as to enable the sitting of the Council to be extended beyond 6.30 p.m.

                 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.

 

25.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Waterworks (Save the River Murray Levy) Amendment Bill.

 

In the Committee

 

                          Clause No. 7 further considered and as suggested to be amended, agreed to.

                          Title agreed to.

_____________________

 

Waterworks
(Save the River
Murray Levy)
Amendment Bill.

 

 

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

                 The Minister for Agriculture, Food and Fisheries, 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.

 

 

 

26.

Ordered - That the adjourned debate on the question - That the Appropriation Bill be now read a second time - be now resumed:

                 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 to No. 8 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 without amendment; whereupon the Council adopted such report.

                 The Minister for Agriculture, Food and Fisheries, 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.

 

Appropriation Bill.

 

27.

Ordered - That the adjourned debate on the question - That the Stamp Duties (Rental and Mortgage Duty) Amendment Bill be now read a second time - be now resumed:

                 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 to No. 13 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 without amendment; whereupon the Council adopted such report.

                 The Minister for Agriculture, Food and Fisheries, 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.

 

Stamp Duties
(Rental and
Mortgage Duty)
Amendment Bill.

 

28.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Parliamentary Remuneration (Powers of Remuneration Tribunal) Amendment Bill.

 

In the Committee

 

                          Clause No. 1 further considered.

                 The Hon. S. M. Kanck moved - That the Chairperson report progress and seek leave for the Committee to sit again.

                 Question put.

Parliamentary
Remuneration
(Powers of
Remuneration
Tribunal)
Amendment Bill.

 

 

             Committee divided:

Ayes, 3

The Hon. K. J. Reynolds

The Hon. N. Xenophon

The Hon. S. M. Kanck (Teller)

 

 

 

 

 

 

 

 

 

 

 

      So it passed in the negative.

 

Noes, 14

The Hon. T. G. Cameron

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. P. Holloway

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

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. T. J. Stephens

The Hon. J. M. Gazzola (Teller)

 

 

 

                          Clause No. 1 agreed to.

                          Clauses No. 2 and No. 3 agreed to.

                          Clause No. 4 read.

                 The Hon. N. Xenophon moved on page 3, line 26, to leave out “subject to section 4A(3)”.

                 Question - That the amendment be agreed to - put and negatived.

                          Clause No. 4 agreed to.

                          Clauses No. 5 and No. 6 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 without amendment; whereupon the Council adopted such report.

                 The Minister for Agriculture, Food and Fisheries, 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 Hon. J. M. Gazzola then moved - That the Bill be now read a third time.

                 Question put.

 

 

             Council divided:

Ayes, 14

The Hon. T. G. Cameron

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. P. Holloway

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

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. T. J. Stephens

The Hon. J. M. Gazzola (Teller)

      So it was resolved in the affirmative.

 

Noes, 3

The Hon. K. J. Reynolds

The Hon. N. Xenophon

The Hon. S. M. Kanck (Teller)

 

 

 

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

 

29.

Ordered - That Orders of the Day (Private Business) No. 1 to No. 3 be Orders of the Day for Wednesday, 6 August 2003.

 

Postponement
of Business.

30.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. R. I. Lucas - That this Council demands the Premier direct the Treasurer to release all answers provided to him by Ministers and Departments to the question asked by the Member for Heysen on 30 July 2002 in the Parliamentary Estimates Committee on the issue of the detail of Government’s $967 million in budget cuts:

                 Debate resumed.

                 Question - That the motion be agreed to - put.

Treasurer to
release answers to
question asked by
Member for Heysen
in Estimates
Committee -
Motion re.

 

             Council divided:

Ayes, 9

The Hon. T. G. Cameron

The Hon. J.S.L. Dawkins

The Hon. A. J. Evans

The Hon. A. J. Redford

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. T. J. Stephens

The Hon. N. Xenophon

The Hon. R. I. Lucas (Teller)

      So it was resolved in the affirmative.

 

 

Noes, 6

The Hon. J. M. Gazzola

The Hon. S. M. Kanck

The Hon. K. J. Reynolds

The Hon. T. G. Roberts

The Hon. R. K. Sneath

The Hon. P. Holloway (Teller)

 

 

31.

Ordered - That the remaining Orders of the Day (Government Business) be Orders of the Day for Monday, 4 August 2003 and remaining Orders of the Day (Private Business) be Orders of the Day for Wednesday, 6 August 2003.

 

Postponement
of Business.

32.

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

Message No. 137

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith entitled an Act to amend the University of Adelaide Act 1971, 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 Minister for Agriculture, Food and Fisheries 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.

 

Message from
House of Assembly:
University of
Adelaide
(Miscellaneous)
Amendment Bill.

33.

The Minister for Agriculture, Food and Fisheries moved - That the Council, at its rising, do adjourn until Monday, 4 August 2003.

                 Debate ensued.

                 Question put and passed.

 

Next Day
of Sitting.

34.

The Minister for Aboriginal Affairs and Reconciliation tabled a copy of a Ministerial Statement made by the Minister for River Murray (The Hon. J. Hill, M.P.) concerning New Initiatives by the Government to help River Murray Irrigators.

 

Ministerial
Statement Tabled.

35.

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

Message No. 138

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Nuclear Waste Storage Facility (Prohibition) Act 2000, without any amendment.

House of Assembly, 17 July 2003.                                                       I. P. LEWIS, Speaker.

 

Messages from
House of Assembly:
Nuclear Waste
Storage Facility
(Prohibition) 
(Miscellaneous)
Amendment Bill.

 

 

Message No. 139

                 MR. PRESIDENT - The House of Assembly informs the Legislative Council that it has appointed Ms. V. A. Chapman, Mr. J. R. Rau and the Hon. R. B. Such as its representatives on the Joint Committee on a Code of Conduct for Members of Parliament.

House of Assembly, 17 July 2003.                                                       I. P. LEWIS, Speaker.

 

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

 

 

Message No. 140

                 MR. PRESIDENT - The House of Assembly has agreed to the alternative amendments made by the Legislative Council in lieu of its Amendments Nos. 19 and 20 in the River Murray Bill without amendment.

House of Assembly, 17 July 2003.                                                       I. P. LEWIS, Speaker.

 

River Murray
Bill.

 

 

Message No. 141

                 MR. PRESIDENT - The House of Assembly has agreed to the amendments made by the Legislative Council in the Criminal Law Consolidation (Self Defence) Amendment Bill without amendment.

House of Assembly, 17 July 2003.                                                       I. P. LEWIS, Speaker.

 

Criminal Law
Consolidation
(Self Defence)
Amendment Bill.

 

 

Message No. 142

                 MR. PRESIDENT - The House of Assembly has agreed to the amendments suggested by the Legislative Council in the Waterworks (Save the River Murray Levy) Amendment Bill without any amendment and has amended the Bill accordingly.

House of Assembly, 17 July 2003.                                                       I. P. LEWIS, Speaker.

 

Waterworks
(Save the River
Murray Levy)
Amendment Bill.

 

36.

Council adjourned at sixteen minutes past eight o’clock until Monday, 4 August 2003, at fifteen minutes past two o’clock.

 

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