SOUTH AUSTRALIA]

No. 55

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY  18  FEBRUARY  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. 4.

                 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. 41 of 2002 - An Act to amend the Holidays Act 1910.

                 No. 42 of 2002 - An Act to amend the South Australian Metropolitan Fire Service Act 1936.

                 No. 43 of 2002 - An Act to amend the Environment Protection Act 1993 and the Radiation Protection and Control Act 1982.

                 No. 44 of 2002 - An Act to amend the Native Vegetation Act 1991 and to make a related amendment to the Development (System Improvement Program) Amendment Act 2000.

                 No. 45 of 2002 - An Act to amend the Education Act 1972.

                 No. 46 of 2002 - An Act to amend the Local Government Act 1999.

                 No. 47 of 2002 - An Act to amend the Controlled Substances Act 1984.

                 No. 48 of 2002 - An Act to provide for a scheme to protect and improve the environment and agricultural production in the Upper South East through the proper conservation and management of water and the initiation or implementation by the Government of the State of works and environmental management programs and other initiatives; to make related amendments to the South Eastern Water Conservation and Drainage Act 1992; and for other purposes.

                 No. 49 of 2002 - An Act to amend the Criminal Law (Forensic Procedures) Act 1998.

                 No. 50 of 2002 - An Act to refer certain matters to terrorist acts to the Parliament of the Commonwealth for the purposes of section 51(xxxvii) of the Constitution of the Commonwealth.

Government House, Adelaide, 18 February 2003.           MARJORIE JACKSON-NELSON, Governor.

 

Message from
Governor:
Assent to Bills.

 

    3.

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

        By the President -

                 Reports, 2001-2002 -

                          Corporations -

                                   Adelaide.

                                   Campbelltown.

 

Papers.

 

 

                                   Gawler.

                                   Marion.

                                   Mount Gambier.

                                   Playford.

                                   Port Adelaide Enfield.

                                   Port Augusta.

                                   Port Lincoln.

                                   Salisbury.

                                   Unley.

                                   Victor Harbor.

                                   Walkerville.

                          District Councils -

                                   Adelaide Hills.

                                   Ceduna.

                                   Clare and Gilbert Valleys.

                                   Coober Pedy.

                                   Copper Coast.

                                   Franklin Harbour.

                                   Karoonda-East Murray.

                                   Kimba.

                                   Light.

                                   Lower Eyre Peninsula.

                                   Mallala.

                                   Mid Murray.

                                   Mount Barker.

                                   Naracoorte Lucindale.

                                   Northern Areas.

                                   Southern Mallee.

                                   Tumby Bay.

                                   Wakefield.

                                   Wattle Range.

                                   Yorke Peninsula.

                 Reports on Outcome of Applications for Rebate of Rates -

                          Corporations -

                                   Campbelltown.

                                   Mount Gambier.

                                   Walkerville.

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

                 Reports, 2001-2002 -

                          Alpaca Advisory Group (AAG).

                          Emergency Services Administrative Unit.

                          South Australian Goat Advisory Group.

                          South Australian Deer Advisory Group.

                 Budget Results, 2001-2002.

                 Regulations under the following Acts -

                          Fisheries Act 1982 -

                                   Catch Quotas.

                                   Delivery of Abalone.

                                   Pilchard.

                                   Undersized Abalone.

                          Petroleum Products Regulation Act 1995 - Prescribed Offices.

                          Public Corporations Act 1993 -

                                   Economic Development Board.

                                   Ring Corporation Dissolution.

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

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

                 Regulation under the following Act -

                          Mines and Works Inspection Act 1920 - Approval of Activities.

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

                 Election Report for the South Australian Elections - 9 February 2002.

 

 

 

 

                 Regulations under the following Acts -

                          Criminal Injuries Compensation Act 1978 - Scale of Costs.

                          Development Act 1993 -

                                   Fees, Building Work.

                                   Significant Trees Variation.

                                   Upper South East Act.

                          Dog Fence Act 1946 - Variation.

                          Harbors and Navigation Act 1993 - Time Extension in 2003.

                          Legislation Revision and Publication Act 2002 - Environment Protection Act.

                          Listening and Surveillance Devices Act 1972 - Records, Warrants.

                          Liquor Licensing Act 1997 -

                                   Long Term Dry Areas -

                                             Barmera, Berri, Paringa and Renmark.

                                             Coober Pedy.

                                             Port Pirie.

                                   Short Term Dry Areas -

                                              Beaches.

                                             Tumby Bay.

                          Motor Vehicles Act 1959 - Speed Penalties Variation.

                          Road Traffic Act 1961 -

                                   Expiation Penalties.

                                   Speed Limit Variation.

                          Upper South East Dryland Salinity and Flood Management Act 2002 - Protection from Interference.

                          Victims of Crime Act 2001 -

                                   Application, Costs.

                                   Imposition of Levy.

                 Rules -

                          Authorised Betting Operations Act 2000 - Bookmakers Licensing (Display of Odds) Rules 2003.

                 By-laws -

                          Corporation -

                                   Campbelltown -

                                            No. 5 - Dogs.

                                   Mount Gambier -

                                            General.

                          District Council -

                                   Coober Pedy -

                                            No. 1 - Permits and Peralties.

                                            No. 2 - Moveable Signs.

                                            No. 3 - Local Government Land.

                                            No. 4 - Roads.

                                            No. 5 - Nuisances.

                                            No. 6 - Dogs.

                                   Copper Coast -

                                            No. 3 - Local Government Land.

                                            No. 3 - Local Government Land - Erratum.

                                            No. 4 - Roads.

                                            No. 5 - Moveable Signs.

                                   Mid Murray -

                                            No. 1 - Permits and Peralties.

                                            No. 2 - Moveable Signs.

                                            No. 3 - Roads.

                                            No. 4 - Local Government Land.

                                            No. 5 - Dogs and Cats.

                                            No. 6 - Bird Scarers.

                                   Murray Bridge -

                                            No. 1 - Permits and Peralties.

                                            No. 2 - Local Government Land.

                                            No. 3 - Roads.

                                            No. 4 - Moveable Signs.

 

 

 

 

                                            No. 5 - Dogs.

                                            No. 6 - Lodging Houses.

                                            No. 7 - Taxis.

                                            No. 8 - Nuisances caused by Building Sites.

                                   Peterborough -

                                            No. 1 - Permits and Peralties.

                                            No. 2 - Moveable Signs.

                                            No. 3 - Roads.

                                            No. 4 - Local Government Land.

                                            No. 5 - Dogs and Cats.

 

 

 

   4.

The Minister for Agriculture, Food and Fisheries, by leave and without notice, moved - That pursuant to Section 5 of the Parliament (Joint Services) Act 1985, the Hon. J.S.L. Dawkins be appointed to the Joint Parliamentary Service Committee in place of The Hon. C. V. Schaefer, resigned, and the Hon. T. G. Stephens be appointed as the alternate member to the Hon. J.S.L. Dawkins.

                 Question put and passed.

                 Ordered - That a Message be sent to the House of Assembly transmitting the foregoing Resolution.

 

Joint
Parliamentary
Service
Committee -
Appointment of
Member.

 

 

   5.

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 Future of the Whyalla Steelworks operated by OneSteel.

 

Paper Tabled.

 

   6.

The Minister for Agriculture, Food and Fisheries tabled a copy of a Ministerial Statement made by the Treasurer (The Hon. K. O. Foley, M.P.) concerning the Future of the National Wine Centre.

 

Paper Tabled.

 

   7.

The Minister for Aboriginal Affairs and Reconciliation tabled a copy of a Ministerial Statement made by the Attorney-General (The Hon. M. J. Atkinson, M.P.) concerning the Director of Public Prosecutions and Standards of Public Conduct.

 

Paper Tabled.

 

   8.

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 Water Metering Policy.

 

Paper Tabled.

 

   9.

The Minister for Aboriginal Affairs and Reconciliation tabled a copy of a Ministerial Statement made by the Minister for Transport (The Hon. M. J. Wright, M.P.) concerning the Salisbury Rail Incident Investigation.

 

Paper Tabled.

 

10.

The Minister for Agriculture, Food and Fisheries tabled a copy of a Ministerial Statement made by the Minister for Police (The Hon. P. F. Conlon, M.P.) concerning Amendments to Regulations under the Firearms Act 1983

 

Paper Tabled.

 

11.

The Minister for Agriculture, Food and Fisheries tabled a copy of a Press Release concerning the Economy.

 

Paper Tabled.

 

12.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 3 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

  13.

Ordered - That Order of the Day (Government Business) No. 4 be postponed and taken into consideration after Order of the Day (Government Business) No. 8.

 

Postponement
of Business.

 

  14.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (Road Safety Reforms) Bill be now read a second time:

                 Debate resumed.

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

 

Statutes
Amendment
(Road Safety
Reforms) Bill.

 

  15.

On the Order of the Day being read for the adjourned debate on the question - That the Chicken Meat Industry 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.

 

Chicken Meat
Industry Bill.

 

16.

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

 

Postponement
of Business.

 

  17.

On the Order of the Day being read for the adjourned debate on the question - That the Veterinary Practice Bill be now read a second time:

                 Debate resumed.

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

 

Veterinary
Practice Bill.

 

  18.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Freedom of Information (Miscellaneous) Amendment Bill.

 

In the Committee

 

                          Clause No. 6 further considered, further amended and agreed to.

                          Clause No. 7 agreed to.

                          Clause No. 8 read.

                 The Hon. R. D. Lawson moved on page 9, lines 14 and 15, to leave out the clause and insert new clause as follows:

                          Amendment of s. 53—Fees and charges

                                    8.  Section 53 of the principal Act is amended—

(a)    by striking out from paragraph (b) of subsection (2) "a threshold stated in the regulations" and substituting "the prescribed amount";

(b)    by inserting in subsection (2) "reasonable administrative" after "reflect the";

(c)    by inserting after subsection (2) the following subsection:

         (2aa) A fee or charge can only be required by an agency under this Act in respect of the costs to the agency of finding, sorting, compiling and copying documents necessary for the proper exercise of a function under this Act and undertaking any consultations required by this Act in relation to the exercise of that function.;

(d)    by inserting after subsection (5) the following subsection:

(6) In this section—

"CPI" means the Consumer Price Index (All Groups) for the City of Adelaide published by the Australian Bureau of Statistics;

"prescribed amount", in relation to work generated by an application, means $500 adjusted by the percentage variation (to two decimal points) between the CPI for the quarter immediately preceding the commencement of this subsection and the CPI for the quarter immediately preceding the time at which the work is completed and rounded to the nearest dollar.”

                 The Hon. I. Gilfillan moved on page 9, lines 14 and 15, to leave out the clause and insert new clause as follows:

                          Amendment of s. 53—Fees and charges

                                    8.  Section 53 of the principal Act is amended—

(a)    by striking out paragraph (b) of subsection (2);

(b)    by inserting after subsection (2) the following subsection:

         (2aa) No fee or charge is payable under this Act by a Member of Parliament in respect of an application under Part 3 for access to documents.”

                 Question - That clause No. 8 stand as printed - put and negatived.

                 Question - That new clause No. 8 down to and including subclause (a) as proposed to be inserted by the Hon. R. D. Lawson, be so inserted - put and negatived.

                 Question - That new clause No. 8 down to and including subclause (a) as proposed to be inserted by the Hon. I. Gilfillan, be so inserted - put and passed.

                 Question - That new subclause (b) as proposed to be inserted by the Hon. R. D. Lawson, be so inserted - put and passed.

                 Question - That new subclause (c) as proposed to be inserted by the Hon. R. D. Lawson, be so inserted - put and passed.

                 Question - That proposed new subsection (2aa) of subclause (b) as proposed to be inserted by the Hon. I. Gilfillan, be so inserted - put and passed.

                 Question - That the words proposed to be inserted by the Hon. R. D. Lawson in subclause (d) be so inserted - put and negatived.

 

Freedom of
Information
(Miscellaneous)
Amendment Bill.

 

 

                          New clause No. 8 inserted.

                          Clause No. 9 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.

 

 

 

19.

Council adjourned at eleven minutes past six o’clock until tomorrow 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. G. E. Gago

The Hon. J. 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. 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. N. Xenophon

The Hon. C. Zollo