SOUTH AUSTRALIA]

No. 49

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

FRIDAY  17  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 Minister for Mineral Resources Development (The Hon. P. Holloway), 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.

   3.

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

 

Postponement
of Business.

   4.

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.

                 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.

 

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

   5.

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.

   6.

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.

   7.

At three minutes 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.

 

   8.

The Minister for Mineral Resources Development, without notice, moved - That the Standing Orders be so far suspended as to enable Question Time to be extended to enable the Hon. D.G.E. Hood   to ask a question of him and for him to complete his reply.

                 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.

   9.

Ordered - That the adjourned debate on the question - That the Appropriation Bill be now read a second time - be now 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. 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 Mineral Resources Development, 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.

10.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the River Torrens Linear Park (Linear Parks) Amendment Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 3 agreed to.

                          Clause No. 4 amended and agreed to.

                          Clauses No. 5 and No. 6 agreed to.

                          Clause No. 7 struck out.

                          New clause No. 7 inserted.

                          Clauses No. 8 to No. 12 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 Mineral Resources Development, 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.

 

River Torrens
Linear Park
(Linear Parks)
Amendment Bill.

11.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Second-hand Vehicle Dealers (Cooling-off Rights) Amendment Bill.

 

In the Committee

 

                          Clause No. 1 further considered and agreed to.

                          Clauses No. 2 and No. 3 agreed to.

                          Clause No. 4 read.

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

 

                 The Hon. J.M.A. Lensink moved on page 3, after line 34, to insert the following:

     “(7)      Section 3—after its present contents as amended by this section (now to be designated as subsection (1)) insert:

      (2)       For the purposes of this Act, the sale of a second‑hand vehicle negotiated by an auctioneer during the period commencing after the conduct of an auction for the sale of the vehicle and concluding at the end of the day on which the auction occurred will be taken to be a sale negotiated by the auctioneer immediately after the conduct of the auction.”.

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

                          Clause No. 4 agreed to.

                          Clauses No. 5 to No. 16 agreed to.

                          Clause No. 17 amended and agreed to.

                          Clauses No. 18 to No. 24 agreed to.

                          Clause No. 25 amended and agreed to.

                          Clauses No. 26 to No. 30 agreed to.

                          Clause No. 31, being a money clause, no question was put on the clause.

                          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 amendments; whereupon the Council adopted such report.

                 The Minister for State/Local Government Relations (The Hon G. E. Gago), 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.

 

 

12.

Ordered - That Orders of the Day (Government Business) No. 5 and No. 7 to No. 11 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

  13.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of Message No. 84 from the House of Assembly relating to the Statutes Amendment and Repeal (Fair Trading) Bill.

 

In the Committee

 

                 Resolved - That the amendment be agreed to.

_____________________

 

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

 

Statutes Amendment
and Repeal
(Fair Trading) Bill.

14.

The Minister for Mineral Resources Development, without notice, moved - That the Standing Orders be so far suspended as to enable the Clerk to deliver the Message and the Appropriation Bill and the Message concerning the Statutes Amendment and Repeal (Fair Trading) Bill to the Speaker of the House of Assembly whilst the Council is not sitting and notwithstanding the fact that the House of Assembly is not sitting.

                 Question put and passed, without a dissentient voice, there being present an absolute majority of the whole number of the Members of the Council.

 

Suspension of
Standing Orders:
Delivery of Bills
and Messages.

 

15.

Ordered - That Order of the Day (Government Business) No. 2 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

  16.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. A. M. Bressington - That this Council urges -

               I.      The Premier to call upon the Federal Government, in particular the Prime Minister and the Minister for Broadband, Communications and the Digital Economy, to provide appropriate and swift funding to enable community television to simulcast in both analogue and digital frequencies;

             II.      That the Premier, at the next meeting of the Council of Australian Governments, insists that his interstate counterparts do the same; and

            III.      That the Resolution be forwarded to the Premier, the Prime Minister and the Minister for Broadband, Communications and the Digital Economy for their urgent consideration.

                 To which the Hon. B. V. Finnigan moved to amend by leaving out all words after “That this Council urges” and inserting “representation be made by the Minister for Science and Information Economy to the Federal Minister for Broadband, Communications and the Digital Economy, at a future meeting of the Online and Communications Council, to explore options enabling simulcast in both analogue and digital frequencies for community television.”.

                 Debate resumed.

                 Question - That the words proposed to be struck out by the Hon. B. V. Finnigan, stand part of the motion - put and passed.

                 Question - That the motion moved by the Hon. A. M. Bressington be agreed to - put and passed.

 

Community
Television -
Motion re.

17.

On the Order of the Day being read for the adjourned debate on the question - That the Development (Major Developments) Amendment Bill be now read a second time:

                 Debate resumed.

                 Question - That the Bill be now read a second time - put and negatived.

 

Development
(Major
Developments)
Amendment Bill.

18.

The Minister for Mineral Resources Development, by leave, without notice, moved - That the Council, at its rising, do adjourn until Tuesday, 8 September 2009, at fifteen minutes past two o’clock.

                 Debate ensued.

                 Question put and passed.

 

Next Day
of Sitting.

19.

Council adjourned at fourteen minutes to six o’clock until Tuesday, 8 September 2009, at fifteen minutes past two 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