SOUTH AUSTRALIA]

No. 23

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

THURSDAY  18  JULY  2002

 

 

 

   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 Clerk announced that the following Petitions had been lodged for presentation:

                 By the Hon. A. L. Evans from 49 residents of South Australia concerning Teen Challenge SA Inc.  The Petitioners pray that this Honourable House will -

       1.      Amend the Retail and Commercial Leases Act 1995 so as to limit the circumstances in which landlords may claim additional rent, not previously claimed, where to do so is unfair or unreasonable in all the circumstances of the particular case, if the demand is not made within twelve months.

       2.      Alternatively, urge the State Government to provide financial support to Teen Challenge SA Inc. in relation to the claim made by the landlord.

Petitions:

No.10 - Teen Challenge SA Inc.

 

 

                 By the Hon. S. M. Kanck from 15 residents of South Australia concerning a proposal for a reconciliation ferry.  The Petitioners pray that this Honourable House will provide its full support to the ferry relocation proposal, prioritise the ferry service on its merits as a transport, tourism, reconciliation, regional development and employment project; and call for the urgent support of the Premier requesting that he engage as soon as possible in discussion with the Ngarrindjeri community to see this exciting creative initiative become reality.

 

No. 11 - Reconciliation
Ferry.

 

    3.

The following Paper was laid upon the Table, viz.:

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

                 South Australian Superannuation Scheme - Actuarial Report, 2001.

 

Paper.

   4.

The Minister for Aboriginal Affairs and Reconciliation tabled a Ministerial Statement made by the Attorney-General (The Hon. M. J. Atkinson, M.P.) concerning Industrial Manslaughter.

 

Paper Tabled.

   5.

The Minister for Aboriginal Affairs and Reconciliation tabled a Ministerial Statement made by the Attorney-General (The Hon. M. J. Atkinson, M.P.) concerning Parliamentary Privilege.

 

Paper Tabled.

   6.

The Minister for Agriculture, Food and Fisheries tabled a Ministerial Statement made by the Premier (The Hon. M. D. Rann, M.P.) concerning Adelaide Airport Redevelopment.

 

Paper Tabled.

   7.

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. D. V. Laidlaw to complete her question to him 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.

   8.

Ordered - That Orders of the Day (Government Business) No. 1 and No. 2 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

   9.

On the Order of the Day being read for the adjourned debate on the question - That the National Wine Centre (Restructuring and Leasing Arrangements) Bill be now read a second time:

                 Debate resumed.

                 Question put.

National Wine
Centre
(Restructuring
and Leasing
Arrangements)
Bill.

 

             Council divided:

Ayes, 16

The Hon. T. G. Cameron

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

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. C. Zollo

The Hon. N. Xenophon

The Hon. P. Holloway (Teller)

      So it was resolved in the affirmative.

 

Noes, 3

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. M. J. Elliott (Teller)

 

 

 

 

                 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. 10 agreed to.

                          Schedule 1 agreed to.

                          Schedule 2 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.

 

 

10.

Ordered - That Order of the Day (Government Business) No. 4 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

11.

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

 

Postponement
of Business.

12.

The Hon. N. Xenophon, according to order, moved - That the Gaming Machines (Limitation on Exception to Freeze) Amendment Bill be now read a second time.

                 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.

                 Debate ensued.

                 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.

 

Gaming Machines
(Limitation on
Exception to Freeze)
Amendment 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.

 

 

13.

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

Message No. 17

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to facilitate the Child Protection Review by conferring powers and immunities, to which it desires the concurrence of the Legislative Council.

House of Assembly, 18 July 2002.                                                                               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.

                 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.

                 Debate ensued.

                 And the Hon. S. M. Kanck, having obtained leave to conclude her remarks, the debate was adjourned and ordered to be resumed on motion.

 

Messages from
House of Assembly:
Child Protection Review (Powers and Immunities) Bill.

14.

The Minister for Agriculture, Food and Fisheries, without notice, moved - That the Standing Orders be so far suspended as to 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.

15.

Ordered - That the adjourned debate on the question - That the Child Protection Review (Powers and Immunities) 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

 

                          Clauses No. 1 to No. 4 agreed to.

                          Clause No. 5 amended and agreed to.

                          Clause No. 6 agreed to.

                          Schedule agreed to.

                          Title agreed to.

_____________________

 

Child Protection
Review
(Powers and
Immunities) Bill.

 

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

                 Question put and passed.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

 

16.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Gaming Machines (Limitation on Exception to Freeze) Amendment Bill.

 

In the Committee

 

                          Clause No. 1 further considered and agreed to.

                          Clause No. 2 agreed to.

                          Clause No. 3 read.

                 The Hon. J. F. Stefani moved on page 3, line 10, to leave out “8 May 2002 or made, but not determined, before that date” and insert “18 July 2002”.

                 Question - That the amendment be agreed to - put.

Gaming Machines
(Limitation on
Exception to Freeze)
Amendment Bill.

 

             Committee divided:

Ayes, 8

The Hon. T. G. Cameron

The Hon. S. M. Kanck

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. T. J. Stephens

The Hon. J. F. Stefani(Teller)

 

      So it passed in the negative.

 

Noes, 9

The Hon. M. J. Elliott

The Hon. A. L. Evans

The Hon. G. E. Gago

The Hon. I. Gilfillan

The Hon. A. J. Reford

The Hon. T. G. Roberts

The Hon. R. K. Sneath

The Hon. C. Zollo

The Hon. N. Xenophon (Teller)

 

 

 

 

                          Clause No. 3 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.

                 Question put and passed.

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

                 Debate ensued.

                 Question put and passed.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

 

17.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. D. W. Ridgway -

         I.       That this Council notes the 50 year anniversary of the South Australian Rural Youth Movement this weekend and recognises the significant contribution made by the organisation, particularly to the training and encouragement of rural leaders for half a century; and

        II.       The Council also expresses its good wishes to those 800 or more people who will assemble this weekend in Clare to recognise this milestone:

             Debate resumed.

                 Question put and passed.

       

50th Anniversary of South Australian Rural Youth Movement -
Motion re.

18.

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

Message No. 18

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to repeal the Seeds Act 1979, without any amendment.

House of Assembly, 18 July 2002.                                                                               I. P. LEWIS, Speaker.

 

Messages from
House of Assembly:
Seeds Act Repeal Bill.

 

 

Message No. 19

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Agricultural and Veterinary Chemicals (South Australia) Act 1994, without any amendment.

House of Assembly, 18 July 2002.                                                                               I. P. LEWIS, Speaker.

 

Agricultural
and Veterinary
Chemicals
(South Australia)
(Administrative
Actions)
Amendment Bill.

 

 

Message No. 20

                 MR. PRESIDENT - The House of Assembly has agreed to the amendment made by the Legislative Council in the Education (Compulsory Education Age) Amendment Bill, without any amendment.

House of Assembly, 18 July 2002.                                                                               I. P. LEWIS, Speaker.

 

Education
(Compulsory
Education Age) Amendment Bill.

19.

Ordered - That the Council, at its rising, do adjourn until Monday, 19 August 2002.

 

Next Day
of Sitting.

20.

At fifteen minutes past eight o’clock the sitting was suspended until the ringing of the bells.

                 At thirty minutes past eight o’clock the sitting was resumed.

 

Suspension and

Resumption of

Sitting.

21.

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

Message No. 21

                 MR. PRESIDENT - The House of Assembly has agreed to the amendment made by the Legislative Council in the Child Protection Review (Powers and Immunities) Bill, without any amendment.

House of Assembly, 18 July 2002.                                                                               I. P. LEWIS, Speaker.

 

Messages from
House of Assembly:
Child Protection
Review (Powers
and Immunities)

Bill.

22.

Council adjourned at fifteen minutes to nine o’clock until Monday, 19 August 2002, 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. M. J. Elliott

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. 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