SOUTH AUSTRALIA]

No. 30

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  18  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.

The Hon. J. M. Gazzola brought up the Report of the Legislative Review Committee on Regulations under the Controlled Substances Act 1984.

                 Ordered - That the Report be printed.  (Paper No. 199)

 

Legislative
Review
Committee -
Report on
Regulations under
the Controlled
Substances Act.

 

 

   3.

The Hon. J. M. Gazzola brought up the Eleventh Report, 2003-2004 of the Legislative Review Committee, which was read by the Clerk as follows -

                 The Regulation listed hereunder is at present being considered by the Legislative Review Committee.  Evidence is being taken on this matter and it is necessary for Notices of Motion for Disallowance to be given in both Houses before the expiration of 14 sitting days, to allow the Committee time to complete its deliberations.

                 Honourable Members are warned that after further consideration has been given to the
Regulation, the Committee may decide to take no further action.

                 Regulation referred to -

Public Corporations Act 1993 - SA Athletics Stadium.

 

Legislative
Review
Committee -
Eleventh Report,
2003-2004.

 

   4.

The Hon. J. M. Gazzola brought up the Twelfth Report, 2003-2004 of the Legislative Review Committee.

Legislative
Review
Committee -
Twelfth Report,
2003-2004.

 

 

   5.

The Minister for Aboriginal Affairs and Reconciliation tabled a copy of a Ministerial Statement made by the Minister for Education and Children’s Services (The Hon. P. L. White, M.P.) concerning a Review of the South Australian Certificate of Education.

 

Ministerial
Statement Tabled.

 

   6.

The Minister for Aboriginal Affairs and Reconciliation, without notice, moved - That the Standing Orders be so far suspended as to enable Question Time to be extended to enable the Hon. N. Xenophon to ask a supplementary question and for the Minister 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.

 

 

   7.

In accordance with Sessional Standing Order, the President called on Members to make Statements on Matters of Interest.

 

Statements on
Matters of Interest.

 

8.  

Ordered - That Notices of Motion (Private Business) No. 1 to No. 3 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

 

 

   9.

The N. Xenophon, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Casino Act 1997 and the Gaming Machines Act 1992.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. N. Xenophon then moved - That this Bill be now read a second time.

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

 

Statutes Amendment
(Limitations on Coin
and Cash Facilities)
Bill.

 

10.

The Hon. S. M. Kanck, pursuant to notice, moved - That the Legislative Council requests the Natural Resources Committee to inquire into and report on marine protected areas with particular reference to -

               I.      identifying reasons for the Government’s delays in introducing a system of marine protected areas, including no-take zones, around the State’s coastline;

             II.      the current status of marine protected areas in South Australia with regard to mining and exploration activities and whether or not world’s best practice is being observed;

            III.      the identification of areas within the South Australian Representative Marine Protected Area estate in which mining and exploration activities are occurring or in which there is a risk of such activities being permitted;

            IV.      the identification and assessment of the options available to ensure a permanent ban on mining and exploration in the South Australian Representative Marine Protected Area estate;

             V.      assessing the level of assistance being provided by the State Government to regional groups in the preparation of National Resource Management plans for marine protected areas;

            VI.      the degree to which ecosystem based management principles are being incorporated in any plans for marine protected areas in the State;

           VII.      the need for new marine reserves legislation; and

         VIII.      any other related matter.

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

 

Marine Protected
Areas - Natural
Resources Committee
to inquire into -
Motion re.

 

11.

The Hon. C. Zollo, pursuant to notice, moved - That this Council notes the difficult financial situation facing many small wineries and calls on the Howard Government to adopt Federal Labor Party policy to replace the current State and Federal rebates for cellar door and mail order sales with a wine equalization tax (WET) exemption for all wineries set at an appropriate threshold, expressed in litres, for domestic sales.

                 And the Hon. C. Zollo having obtained leave to conclude her remarks, the debate was adjourned until Wednesday next.

 

Financial Situation
of Small Wineries -
Motion re.

 

12.

The N. Xenophon, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Parliamentary Superannuation Act 1974.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. N. Xenophon then moved - That this Bill be now read a second time.

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

 

Parliamentary
Superannuation
(Choice of
Superannuation)
Amendment Bill.

 

13.

Ordered - separately - That Orders of the Day (Private Business) No. 1 to No. 12 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

 

14.

The N. Xenophon, pursuant to notice, moved - That in future during the period allowed for Questions without Notice, there be an minimum of ten Questions permitted from Members other than Members led by the Leader of the Government in the Legislative Council.

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

 

Questions without Notice -
Minimum Number
of Questions -
Motion re.

 

15.

Ordered - separately - That Orders of the Day (Private Business) No. 14 to No. 36 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

 

16.

On the Order of the Day being read for the adjourned debate on the question - That the Parliamentary Committees (Functions of Economic and Finance Committee) Amendment Bill be now read a second time:

                 Debate resumed.

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

 

Parliamentary
Committees
(Functions of
Economic and
Finance Committee)
Amendment Bill.

 

17.

Ordered - That Orders of the Day (Private Business) No. 38 to No. 40 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

 

18.

The Minister for Agriculture, Food and Fisheries, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Meat Hygiene Act 1994.

                 Question put and passed.

                 Bill introduced and 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. C. V. Schaefer, the debate was adjourned until next day of sitting.

 

Meat Hygiene
(Miscellaneous)
Amendment Bill.

 

19.

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.

 

20.

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

                 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

 

                          Clauses No. 1 and No. 2 agreed to.

                          New clause No. 2A inserted.

                          Clauses No. 3 to No. 6 agreed to.

                          New clause No. 6A inserted.

                          Clauses No. 7 to No. 9 agreed to.

                          New clause No. 9A inserted.

                          Clause No. 10 agreed to.

                          New clause No. 10A inserted.

                          New clause No. 10B inserted.

                          New clause No. 10C inserted.

                          Clauses No. 11 and No. 12 agreed to.

                          Clause No. 13 struck out.

                          New clause No. 13 inserted.

                          New clause No. 13A inserted.

                          New clause No. 13B inserted.

                          Clause No. 14 agreed to.

                          New clause No. 15 inserted.

                          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 Aboriginal Affairs and Reconciliation, 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.

 

Crown Lands
(Miscellaneous)
Amendment Bill.

 

21.

Ordered - separately - That Orders of the Day (Government Business) No. 5 to No. 10 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

22.

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

Message No. 49

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to allow orders to be made for the protection of family members from serious harm resulting from problem gambling; to make a related amendment to the Domestic Violence Act 1994; and for other purposes, to which it desires the concurrence of the Legislative Council.

House of Assembly, 17 February 2004.                                              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. C. V. Schaefer, the debate was adjourned until next day of sitting.

 

Messages from
House of Assembly:
Problem Gambling
Family Protection
Orders Bill.

 

 

 

Message No. 50

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Summary Offences Act 1953, to which it desires the concurrence of the Legislative Council.

House of Assembly, 17 February 2004.                                              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. C. V. Schaefer, the debate was adjourned until next day of sitting.

 

Summary Offences
(Consumption of
Dogs and Cats)
Amendment Bill.

 

23.

Council adjourned at six 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