SOUTH AUSTRALIA]

No. 62

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  18  JUNE  2008

 

 

 

 

   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 Police (The Hon. P. Holloway), by leave, without notice, moved - That the sitting of the Council be not suspended during the continuation of the Conference on the Legal Profession Bill.

                 Question put and passed.

 

Legal Profession Bill.

 

 

   3.

The Hon. J. M. Gazzola brought up the Twenty-First Report of the Legislative Review Committee, 2007-2008.

Legislative Review
Committee -
Twenty First Report,
2007-2008.

 

 

 

   4.

The Minister for Police, without notice, moved - That the Standing Orders be so far suspended as to enable Question Time to be extended to enable the Hon. R. P. Wortley to ask a question of the Minister for Emergency Services and for her to complete her 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.

 

 

   5.

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

 

Statements on
Matters of Interest.


 

 

   6.

The Hon. D.G.E. Hood, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Criminal Law Sentencing Act 1988.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. D.G.E. Hood then moved - That this Bill be now read a second time.

                 On motion of the Hon. I. K. Hunter, the debate was adjourned until Wednesday, 23 July 2008.

 

Criminal Law
(Sentencing)
(Abolition of
Suspended
Sentences for
Subsequent
Serious Offences)
Amendment Bill.

 

 

   7.

The Hon. M. C. Parnell, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Electoral Act 1985.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. M. C. Parnell then moved - That this Bill be now read a second time.

                 On motion of the Hon. I. K. Hunter, the debate was adjourned until Wednesday, 23 July 2008.

 

Electoral
(Advertising Cost)
Amendment Bill.

 

 

 

    8.

The Hon. M. C. Parnell, pursuant to notice, moved - That the Legislative Council notes -

            I.   The following Actions under Objective 2 of the State Cycling Strategy (entitled Safety in Numbers) -

(a)     include in all new urban road projects or road upgrades safe, direct and attractive cycling facilities that are planned, designed, constructed and maintained in accordance with “Austroads, Guide to Traffic Engineering Part 14 - Bicycles”; and

(b)     extend and improve cycling routes along dedicated public transport corridors (e.g. Glenelg Tramway and the Willunga-Marino Rail Corridor);

          II.   State Government investment of over $500,000 so far on creating an uninterrupted cycle pathway between Glenelg and the City as part of the City to Glenelg Tramway Cycling Route project;

         III.   Strong support for a shared use pathway for pedestrians and cyclists across South Road as part of the public consultation on the South Road Upgrade Glenelg Tram Overpass project;

         IV.   The need for major transport infrastructure in response to declining fuel supplies and the need to reduce greenhouse pollution, to include appropriate facilities for cyclists and pedestrians;

          V.   Poorer public health outcomes in the western suburbs of Adelaide, emphasising the importance of providing active transport opportunities; and

         VI.   The negative impact on traffic flow along South Road if an on-demand street level crossing is provided to cyclists and pedestrians to enable safe passage across South Road;

        and calls on the State Government to ensure that the proposed tram overpass across South Road at Black Forest includes a shared use path for cyclists and pedestrians along the elevated platform tram corridor.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday, 23 July 2008.

 

Shared Use Path
for  Cyclists on
South Road -
Motion re.

 

 

    9.

The Hon. M. C. Parnell, pursuant to notice, moved - That the Legislative Council notes -

            I.   The open letter sent to Premier Mike Rann from a group of prominent Australians calling on the Premier to ensure that opportunities are fully explored to integrate Port Adelaide’s maritime heritage and character into the Port Waterfront Redevelopment in an enlightened way;

          II.   The importance of historic working boatyards and related marine heritage as a tangible and integral element of the sense of place of Port Adelaide and LeFevre Peninsula;

        and calls on the Premier to -

            I.   Allow the three remaining historic working boatyards in Jenkins Street, Birkenhead, another year of operation beyond 30 June 2008 to enable a thorough Burra Charter assessment of their significance; and

          II.   Ensure greater recognition of the importance of Port Adelaide’s marine heritage in the overall Port Waterfront Redevelopment.

                 On motion of the Hon. I. K. Hunter, the debate was adjourned until Wednesday, 23 July 2008.

 

Port Adelaide
Heritage -
Motion re.

 

 

10.

The Hon. J.M.A. Lensink, pursuant to notice, moved - That she have leave to introduce a Bill for an Act to provide for the preservation, management and use of Marble Hill; and for other purposes.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. J.M.A. Lensink then moved - That this Bill be now read a second time.

                 On motion of the Hon. R. P. Wortley, the debate was adjourned until Wednesday, 23 July 2008.

 

Marble Hill
(Protection) Bill.

 

 

 

11.

Ordered - That Notice of Motion (Private Business) No. 6 be an Order of the Day for Wednesday, 23 July 2008.

 

Postponement
of Business.

 

 

12.

Ordered - That Orders of the Day (Private Business) No. 1 to No. 13 be postponed and taken into consideration after Order of the Day (Private Business) No. 14.

 

Postponement
of Business.

 

 

13.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. S. M. Kanck - That this Council -

            I.   Notes the crisis in the Murray-Darling Basin and calls on the Rudd Labor Government to urgently commence the purchase of water from irrigators for environmental flows utilising the $3 billion allocated by the Howard Government in 2007 for this purpose.

          II.   Directs the President to convey this Resolution to the Prime Minister of Australia:

                 To which the Hon. C. V. Schaefer has moved to amend after paragraph I by inserting new paragraph IA, as follows:

      “IA.   Calls on the Government to acknowledge the critical state that the Lower Lakes and Coorong now faces, to further acknowledge that any action arising from the recent MOU will have no benefit to the region within the next three years and take immediate action to acquire water to preserve this vital environmental and commercial asset.”:

                 Debate resumed.

                 The Hon. R. P. Wortley moved to leave out Paragraph I and insert new Paragraph as follows:

          “I.   The State Government commends the Rudd Labor Government on its announcement of the MOU for the Murray Darling Basin and commends the Federal Government on their announcement of a 10 year plan with $12.9 billion investment in water priorities which includes $3.1 million for the buy-back of water.”.

                 And to insert new Paragraph IA as follows:

      “IA.   Commends the Federal Government on its announcement of “Water for the Future” and notes the Lower Lakes and Coorong and Murray Mouth form one of the Murray Darling Basin’s Icon Sites which therefore identifies these locations where recovered water is prioritised for use.”.

                 Question - That Paragraph I stand part of the Motion - put and passed.

                 Question - That new Paragraph IA, as proposed to be inserted by the Hon. C. V. Schaefer, be so inserted - put and passed.

                 Question - That the motion moved by the Hon. S. M. Kanck, and as amended by the Hon. C. V. Schaefer, be agreed to - put and passed.

 

Murray Darling
Basin -
Motion re.

 

 

  14.

The Hon. J.M.A. Lensink, according to order, moved - That the Environment, Resources and Development Committee inquire into the environmental impacts of the proposed desalination plants at Port Stanvac and Port Bonython, and in particular -

            I.   the introduction of additional salts and chemicals into the marine environment;

          II.   the adequacy of tidal movements to disperse brine and chemicals;

         III.   the potential impact on a range of marine flora and fauna;

         IV.   the potential impact on commercial and recreational fishing sectors;

          V.   the potential impact of contamination leachate from the location; and

         VI.   any other matter.

                 On motion of the Hon. I. K. Hunter, the debate was adjourned until Wednesday, 23 July 2008.

 

Environmental
Impacts of Proposed
Desalination Plants
at Port Stanvac and
Port Bonython -
Environment,
Resources and
Development
Committee to
Inquire into -
Motion re.

 

 

  15.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. S. M. Kanck - That this Council -

            I.   recognises the event known to the Palestinian people as Al-Nakba - the Catastrophe;

          II.   affirms the special connection of Australia to the land of Palestine and the Palestinians;

         III.   regrets the failure of both sides, over the last sixty years, to reach an agreement which guarantees justice and lasting peace for both Israelis and Palestinians; and

         IV.   calls for the rapid establishment of the State of Palestine within the 1967 borders in accordance with UN Resolution 242:

                 Debate resumed.

                 Question - That the motion be agreed to - put.

Palestine -
Motion re.

 

 

 

             Council divided:

Ayes, 2

The Hon. M. C. Parnell

The Hon. S. M. Kanck (Teller)

 

 

 

 

 

 

 

 

 

 

 

 

      So it passed in the negative.

 

 

Noes, 14

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. 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. C. V. Schaefer

The Hon. T. J. Stephens

The Hon. S. G. Wade

The Hon. C. Zollo (Teller)

 

 

 

16.

At four minutes past six o’clock the sitting was suspended until the ringing of the bells.

                 At fifteen minutes to eight o’clock the sitting was resumed.

 

Suspension and
Resumption of
Sitting.

 

 

17.

Ordered - That Orders of the Day (Private Business) No. 3 and No. 4 be Orders of the Day for Wednesday, 23 July 2008.

 

Postponement
of Business.

 

 

  18.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. D.G.E. Hood - That the Social Development Committee inquire into and report upon the adequacy and appropriateness of laws and practices relating to the sale and consumption of alcohol and, in particular, with respect to -

            I.   Whether those laws and practices need to be modified to better deal with criminal and other anti-social behaviour arising from the consumption of alcohol;

          II.   The health risks of excessive consumption of alcohol, including -

(a)     “binge drinking”; and

(b)     foetal alcohol syndrome;

         III.   The economic cost to South Australia in dealing with the consequences of alcohol abuse; and

         IV.   Any other relevant matters:

                 Debate resumed.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday, 23 July 2008.

 

Sale and
Consumption of
Alcohol - Social
Development
Committee to
inquire into -
Motion re.

 

 

19.

Ordered - That Orders of the Day (Private Business) No. 6 and No. 7 be Orders of the Day for Wednesday, 23 July 2008.

 

Postponement
of Business.

 

 

  20.

The Hon. C. V. Schaefer, according to order, moved - That the Regulations under the Fisheries Act 2007 concerning Pipi Units, made on 13 December 2007 and laid on the Table of this Council on 12 February 2008, be disallowed.

                 And the Hon. C. V. Schaefer, having obtained leave to conclude her remarks, the debate was adjourned until Wednesday, 23 July 2008.

 

Fisheries Act -
Regulations - Pipi
Units - Motion for
Disallowance of.

 

 

21.

The Hon. D.G.E. Hood, according to order, moved - That he have leave to introduce a Bill for an Act to amend the Controlled Substances Act 1984 and the Criminal Law Consolidation Act 1935.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. D.G.E. Hood then moved - That this Bill be now read a second time.

                 On motion of the Hon. I. K. Hunter, the debate was adjourned until Wednesday, 23 July 2008.

 

Statutes
Amendment
(Minimum
Sentences) Bill.

 

 

22.

Ordered - separately - That Orders of the Day (Private Business) No. 10 to No. 13 and No. 15 be Orders of the Day for Wednesday, 23 July 2008.

 

Postponement
of Business.

 

 

23.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (Surrogacy) 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 to No. 11 agreed to.

                          Clause No. 12 read.

                 The Hon. I. K. Hunter moved on page 5, lines 1 and 2, to leave out the definition of “marriage relationship” and in lines 21 to 23, to leave out “have cohabitated continuously together in a marriage relationship for the period of 5 years” and insert “were domestic partners (within the meaning of section 11A and whether or not declared as such under section 11B)”.

                 Question - That the amendments be agreed to - put.

Statutes
Amendment
(Surrogacy) Bill.

 

 

 

             Committee divided:

Ayes, 5

The Hon. A. M. Bressington

The Hon. J. M. Gazzola

The Hon. S. M. Kanck

The Hon. M. C. Parnell

The Hon. I. K. Hunter (Teller)

     

 

 

 

 

 

 

      So it passed in the negative.

 

Noes, 12

The Hon. J. A. Darley

The Hon. A. L. Evans

The Hon. B. V. Finnigan

The Hon. D.G.E. Hood

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. C. V. Schaefer

The Hon. T. J. Stephens

The Hon. S. G. Wade

The Hon. C. Zollo

The Hon. J.S.L. Dawkins (Teller)

 

 

 

 

 

                          Clause No. 12 otherwise amended and agreed to.

                          Clause No. 13 agreed to.

                          Clause No. 14 amended and agreed to.

                          Clauses No. 15 to No. 22 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 with amendments; whereupon the Council adopted such report.

                 The Minister for Emergency Services, 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.

 

 

 

 

24.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. M. C. Parnell  -

            I.   That this Council notes -

(a)     The release this week of the final part of the Fourth Assessment Report of the International Panel on Climate Change; and

(b)    That a two degrees Celsius (median value) increase in global average surface temperatures above pre-industrial levels is accepted by the European Union as the limit beyond which there will be sufficient adverse impacts on the Earth’s biogeophysical systems, animals and plants to constitute “dangerous” climate change;

          II.   And agrees that the imperative of constraining global temperature increase to no more than two degrees above pre-industrial levels should underpin government policy responses to global warming.

        Which the Hon S. M. Kanck has moved to amend by inserting, after paragraph I(a):

                 “(b) The Interim Report by Professor Ross Garnaut released on 21 February 2008; and”:

                 Debate resumed.

                 Question - That paragraph (b), as proposed to be inserted by the Hon. S. M. Kanck, be so inserted - put and passed.

                 Question - That the motion, as amended, be agreed to - put and passed.

 

Climate Change -
Motion re.

 

 

25.

Ordered - That Orders of the Day (Private Business) No. 18 to No. 57 be Orders of the Day for Wednesday, 23 July 2008.

 

Postponement
of Business.

 

 

  26.

On the Order of the Day being read for the adjourned debate on the question - That the Landlord and Tenant (Distress for Rent - Health Records Exemption) Amendment Bill be now read a second time:

Debate resumed.

                 On motion of the Hon. R. D. Lawson, the debate was adjourned until Wednesday, 23 July 2008.

 

Landlord and
Tenant
(Distress for Rent -
Health Records
Exemption)
Amendment Bill.

 

 

27.

The Minister for Environment and Conservation, pursuant to notice, moved - That she have leave to introduce a Bill for an Act to restrict the supply of single use plastic shopping bags.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Minister for Environment and Conservation then moved - That this Bill be now read a second time.

                 On motion of the Hon. J.M.A. Lensink, the debate was adjourned until next day of sitting.

 

Plastic Shopping
Bags (Waste
Avoidance) Bill.

 

 

28.

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.

 

 

  29.

On the Order of the Day being read for the adjourned debate on the question - That the Stamp Duties (Trusts) 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 an Order of the Day for next day of sitting.

 

Stamp Duties
(Trusts)
Amendment Bill.

 

 

30.

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

 

Postponement
of Business.

 

 

  31.

On the Order of the Day being read for the adjourned debate on the question - That the National Gas (South Australia) Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until next day of sitting.

 

National Gas
(
South Australia)
Bill
.

 

 

32.

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

                 Debate resumed.

_____________________

 

And it being twelve of the clock:

THURSDAY 19 JUNE 2008

_____________________

 

                 On motion of the Hon. I. K. Hunter, the debate was adjourned until next day of sitting.

 

Supply Bill.

 

 

  33.

Ordered - That all remaining Orders of the Day (Government Business) be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

 

34.

Ordered - That the Council, at its rising, do adjourn until today at eleven o’clock a.m.

 

Next Day
of Sitting.

 

 

 

35.

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

Message No. 107

                 MR. PRESIDENT - The House of Assembly has disagreed to the amendments made by the Legislative Council in the Statutes Amendment (Police Superannuation) Bill as indicated in the annexed Schedule. The House of Assembly returns the Bill herewith and desires its reconsideration.

House of Assembly, 18 June 2008.                                                                  J. J. SNELLING, Speaker.

 

Messages from
House of Assembly:
Statutes Amendment
(Police
Superannuation)
Bill.

 

 

 

 

Schedule of the Amendments made by the Legislative Council

to which the House of Assembly has disagreed

Amendment No. 1–

New clause, page 12, after line 26—

After clause 32 insert:

32A—Amendment of section 7A—Accretions to members' accounts

Section 7A—after subsection (3) insert:

     (3a)      If members are permitted by the Board to nominate a class or combination of classes of investments, the option of nominating a class of investments based on consideration of the impact of the investments on society and the environment must be made available to members (subject to terms and conditions determined by the Board).

Amendment No. 2–

New clause, page 16, after line 25

After clause 43 insert:

43A—Amendment of section 26E—Accretions to spouse members' accounts

Section 26E—after subsection (3) insert:

     (3a)      If spouse members are permitted by the Board to nominate a class or combination of classes of investments, the option of nominating a class of investments based on consideration of the impact of the investments on society and the environment must be made available to spouse members (subject to terms and conditions determined by the Board).

Amendment No. 3–

Clause 45, page 16, after line 34

After subclause (2) insert:

     (2a)      Section 27—after subsection (4) insert:

     (4a)      If members are permitted by the Board to nominate a class or combination of classes of investments, the option of nominating a class of investments based on consideration of the impact of the investments on society and the environment must be made available to members (subject to terms and conditions determined by the Board).

Amendment No. 4–

New clauses, page 17, after line 2

After clause 45 insert:

45A—Amendment of section 30A—Transition to retirement

      (1)       Section 30A(7)—delete "The investment" and substitute:

Subject to subsection (7a), the investment

      (2)       Section 30A—after subsection (7) insert:

     (7a)      The investment of a draw down benefit under subsection (4)(b)(i) must, if the member so requests, be based on consideration of the impact of the investment on society and the environment (subject to terms and conditions determined by the Board).

45B—Amendment of section 30B—Early access to superannuation benefits

      (1)       Section 30B(8)—delete "An investment" and substitute:

Subject to subsection (8a), an investment

      (2)       Section 30B—after subsection (8) insert:

     (8a)      An investment under subsection (7) must, if the member so requests, be based on consideration of the impact of the investment on society and the environment (subject to terms and conditions determined by the Board).

Amendment No. 5–

New clause, page 17, after line 37

After clause 51 insert:

51A—Amendment of section 47B—Post retirement investment

Section 47B—after subsection (4) insert:

     (4a)      Despite subsections (2) and (3)(a), the investment of money accepted by the Board under subsection (1) must, if the investor so requests, be based on consideration of the impact of the investment on society and the environment (subject to terms and conditions determined by the Board).

M. LEHMAN, Clerk of the House of Assembly.

 

 

 

 

                 Ordered - That the Message be taken into consideration on next day of sitting.

 

 

 

 

 

Message No. 108

                 MR. PRESIDENT - In reply to Message No. 95 from the Legislative Council, the House of Assembly agrees to the time and place appointed by the Legislative Council for holding the Conference.

House of Assembly, 18 June 2008.                                                                  J. J. SNELLING, Speaker.

 

Criminal Law (Sentencing) (Victims of Crime) Amendment Bill.

 

 

 

 

Message No. 109

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith entitled an Act to amend the First Home Owner Grant Act 2000, the Stamp Duties Act 1923 and the Pay-roll Tax Act 1971, to which it desires the concurrence of the Legislative Council.

House of Assembly, 18 June 2008.                                                                  J. J. SNELLING, Speaker.

                 Bill read a first time.

                 The Minister for Police 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.

 

Statutes
Amendment
(Budget 2008) Bill.

 

 

 

 

Message No. 110

                 MR. PRESIDENT - The House of Assembly requests that the Legislative Council give permission to the Minister for Police (The Hon. P. Holloway), the Minister for Environment and Conservation (The Hon. G. E. Gago), and the Minister for Emergency Services (The Hon. C. Zollo), Members of the Legislative Council, to attend and give evidence before the Estimates Committees of the House of Assembly on the Appropriation Bill.

House of Assembly, 18 June 2008.                                                                  J. J. SNELLING, Speaker.

                 Resolved - on motion of the Minister for Emergency Services - That the Minister for Police, the Minister for Environment and Conservation and the Minister for Emergency Services have leave to attend and give evidence before the Estimates Committees of the House of Assembly on the Appropriation Bill, if they think fit.

 

Estimates
Committees of the House of Assembly -
Legislative Council
Ministers leave
to attend.


 

 

36.

Council adjourned at nine minutes past twelve o’clock a.m. until today at eleven o’clock a.m.

 

Adjournment.

 

 

 

_________________________

 

 

 

 

 

 

 

Members present during any part of the sitting:

 

 

 

 

 

The Hon. A. M. Bressington

The Hon. J.S.L. Dawkins

The Hon. J. A. Darley

The Hon. A. L. Evans

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. S. M. Kanck

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

 

The Hon. M. C. Parnell

The Hon. C. V. Schaefer

The Hon. T. J. Stephens

The Hon. S. G. Wade

The Hon. R. P. Wortley

The Hon. C. Zollo