SOUTH AUSTRALIA]

No. 63

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  18  NOVEMBER  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,  Question Time, Notices of Motion and Orders of the Day (Private Business) 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.

On the Order of the Day being read for the adjourned debate on the motion of the Minister for Mineral Resources Development - That, for the purposes of section 13(7) of the West Beach Recreation Reserve Act 1987, this Council approves the grant by the West Beach Trust of a lease to Surf Life Saving South Australia Incorporated for a period of 50 years of portion of the West Beach Recreation Reserve, being such portion of the land contained in Certificate of Title Register Book Volume 5867 Folio 283 as is determined by the Minister for Urban Development and Planning, for use for the operation of surf life saving emergency services (including administration, storage of operation craft, life saving academy, communications centre, training rooms, sporting gear and equipment storage) and for the construction of such buildings and other works for that purpose as are specified or authorised in the lease.

                 Debate resumed.

                 Question put and passed.

 

West Beach
Recreation
Reserve Act 1987 -
Grant of Lease -
Motion re.

    4.

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

 

Postponement
of Business.

   5.

Ordered - That Orders of the Day (Government Business) No. 3 to No. 11 be postponed and taken into consideration after Order of the Day (Government Business) No. 12.

 

Postponement
of Business.

   6.

On the Order of the Day being read for the adjourned debate on the question - That the Constitution (Appointments) 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.

 

Constitution
(Appointments) 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.

 

 

   7.

Ordered - That Orders of the Day (Government Business) No. 3 to No. 10 be postponed and taken into consideration after Order of the Day (Government Business) No. 11.

 

Postponement
of Business.

   8.

On the Order of the Day being read for the adjourned debate on the question - That the Maralinga Tjarutja Land Rights (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 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 without amendment; whereupon the Council adopted such report.

                 The Minister for State/Local Government Relations, 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.

 

Maralinga Tjarutja
Land
Rights
(Miscellaneous)
Amendment Bill.

   9.

Ordered - That Orders of the Day (Government Business) No. 3 and No. 4 be postponed and taken into consideration after Order of the Day (Government Business) No. 5.

 

Postponement
of Business.

10.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Children’s Protection (Implementation of Report Recommendations) Amendment Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 6 agreed to.

                          Clause No. 7 read.

                 The Minister for State/Local Government Relations moved on page 5, after line 10, to insert the following:

    “(ca)     define classes of information that are to be taken to be included in, or excluded from, a person's criminal history for the purposes of this section; and

      (cb)     confer discretionary powers on the Minister, the Chief Executive or another person or body; and”.

                 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.

 

Children’s
Protection
(Implementation
of Report
Recommendations)
Amendment Bill.

11.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Constitution (Appointments) Bill.

 

In the Committee

 

                          Clause No. 1 further considered and agreed to.

                          Clauses No. 2 to No. 5 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.

 

Constitution
(Appointments) Bill.

12.

Ordered - That Orders of the Day (Government Business) No. 3 and No. 4 and No. 6 to No. 9 be postponed and taken into consideration after Order of the Day (Government Business) No. 10.

 

Postponement
of Business.

13.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (Public Sector Consequential Amendments) Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. B. V. Finnigan, the debate was adjourned until next day of sitting.

 

Statutes Amendment
(Public Sector
Consequential
Amendments) Bill.

14.

At 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.

  15.

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

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

                 Reports, 2008-2009 -

                          Electricity Supply Industry Planning Council.

                          Energy Consumers’ Council.

                          Jam Factory Contemporary Craft and Design Inc.

                          Land Management Corporation.

                          Power Line Environment Committee.

        By the Minister for State/Local Government Relations (The Hon. G. E. Gago) -

                 Reports, 2008-2009 -

                          Chiropractic and Osteopathy Board of South Australia.

                          Country Health SA Hospital Inc.

                          Dental Board of South Australia.

                          Department for Transport, Energy and Infrastructure.

                          Health Performance Council.

                          Libraries Board of South Australia.

                          Medical Board of South Australia.

                          Nurses Board of South Australia.

                          Occupational Therapy Board of South Australia.

                          Pharmacy Board of South Australia.

                          Podiatry Board of South Australia.

                          Rail Safety Regulator.

                          State Theatre Company of South Australia.

                          TransAdelaide.

                 Gene Technology Activities in 2008 - Report.

                 Playford Centre Charter.

 

Papers.

  16.

The Hon. J. M. Gazzola brought up the Thirtieth Report, 2008-2009, of the Legislative Review Committee.

Legislative Review
Committee -
Thirtieth Report,
2008-2009.

 

17.

The Hon. J. M. Gazzola brought up the Thirty-First Report, 2008-2009, of the Legislative Review Committee which was read by the Clerk as follows -

                 The Regulations and Codes listed hereunder are at present being considered by the Legislative Review Committee.  Evidence is being taken on these matters 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
Regulations and Codes, the Committee may decide to take no further action.

                 Regulations referred to -

Valuation of Land Act 1971 - Fees and Allowances.

Local Government Act 1999 - General - Prescribed Fees.

Environment Protection Act 1993 - General.

Subordinate Legislation Act 1978 - Postponement from Expiry - Schedules 1 and 2.

                 Codes referred to -

Gaming Machines Act 1992 - Responsible Gambling - Notice 2009 No. 1.

Gaming Machines Act 1992 - Responsible Gambling - Notice 2009 No. 2.

 

Legislative Review
Committee -
Thirty-First Report,
2008-2009.

 

  18.

The Minister for State/Local Government Relations, by leave, tabled a copy of a Ministerial Statement made by the Minister for Correctional Services (The Hon. A. Koutsantonis, M.P.) concerning Charities.

 

Ministerial
Statement Tabled.

19.

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. R. I. Lucas to ask a question of the Minister for State/Local Government Relations 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.

20.

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

 

Statements on
Matters of Interest.

21.

The Hon. D. N. Winderlich, pursuant to notice, moved - That this Council -

       I.      Notes with serious concern that -

(a)     Seven Baha’i community members in Iran have been charged with spying, insulting religious sanctities and propaganda against the Islamic Republic, and that these charges could attract the death penalty;

(b)     The Baha’i detainees have not been given any access to legal representation and have not been subject to due legal process;

      II.      Calls on Iran to respect rights to freedom of religion and the peaceful exercise of freedom of expression and association, in accordance with international human rights conventions; and

    III.      Calls on Iran to release the seven Baha’i detainees without delay.

                 On motion of the Hon. I. K. Hunter, the debate was adjourned until Wednesday, 2 December 2009.

 

Iranian Baha’i Detainees -
Motion re.

22.

The Hon. C. V. Schaefer, pursuant to notice, moved - That the Report of the Select Committee on Families SA be noted.

                 On motion of the Hon. D. N. Winderlich, the debate was adjourned until Wednesday, 2 December 2009.

 

Select Committee
on Families SA -
Report be noted -
Motion re.

23.

Ordered - That Notice of Motion (Private Business) No. 3 be postponed and taken into consideration after Notice of Motion (Private Business) No. 4.

 

Postponement
of Business.

24.

The Hon. D. N. Winderlich, pursuant to notice, moved -

       I.      That this Council -

(a)     Notes general community concern about the influence of the Australian Labor Party on the elected members of the City of Charles Sturt, including -

     i.      the fact that 12 of the 17 Councillors are members of the Australian Labor Party;

    ii.      the fact that 3 Councillors are employed by Labor Members of Parliament; and

   iii.      the influence of the Member for Croydon on elected members of Council.

(b)     Notes specific concerns about the potential for conflict of interest in the revocation of the community status of land at St. Clair arising from -

     i.      the fact that the revocation of land is essential to the policy objectives of the State Labor Government;

    ii.      the fact that the decision making process followed by the Council will be assessed by a Labor Minister; and

   iii.      the lack of any strategy adopted by the City of Charles Sturt to manage potential conflicts of interest arising from the role played by ALP members in that Council..

      II.      The Legislative Council therefore refers the follow matters to the Ombudsman, pursuant to section 14 of the Ombudsman’s Act 1972, for investigation and report -

(a)     The potential for actual conflict of interest of elected members of the City of Charles Sturt in relation to revoking the community status of land at St. Clair as per section 73 of the Local Government Act;

(b)     The extent to which the City of Charles Sturt met its obligations under section 48 of the Local Government Act to manage the risk of conflict of interest associated with the revocation of the community status of land at St. Clair; and

(c)     Any other relevant matter.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday, 2 December 2009.

 

City of
Charles Sturt -
Motion re.

25.

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

                 Question put and passed.

                 Bill introduced and read a first time.

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

                 On motion of the Hon. I. K. Hunter, the debate was adjourned until Wednesday, 2 December 2009.

 

Adoption
(Restrictions on
Publication)
Amendment Bill.

  26.

Order of the Day read for the Report of the Select Committee on Property Taxes by State and Local Government, including Sewerage Charges by SA Water to be brought up.

                 Ordered - That the Committee have leave to sit during the recess and report on the first day of next Session.

 

Select Committee on
Property Taxes by
State and Local
Government,
including
Sewerage Charges
by SA Water.

 

  27.

Order of the Day read for the Report of the Select Committee on Allegedly Unlawful Practices raised in the Auditor-General’s Report, 2003-2004, to be brought up.

                 Ordered - That the Committee have leave to sit during the recess and report on the first day of next Session.

 

Select Committee
on Allegedly
Unlawful
Practices raised
in the
Auditor-General’s
Report, 2003-2004.

 

  28.

Order of the Day read for the Report of the Select Committee on SA Water to be brought up.

                 Ordered - That the Committee have leave to sit during the recess and report on the first day of next Session.

 

Select Committee
on SA Water.

 

  29.

Order of the Day read for the Report of the Select Committee on Staffing, Resourcing and Efficiency of South Australia Police to be brought up.

                 Ordered - That the Committee have leave to sit during the recess and report on the first day of next Session.

 

Select Committee on
Staffing, Resourcing
and Efficiency of
South Australia
Police.

 

  30.

Order of the Day read for the Report of the Budget and Finance Committee to be brought up.

                 Ordered - That the Committee have leave to sit during the recess and report on the first day of next Session.

 

Budget and Finance
Committee.

 

  31.

Order of the Day read for the Report of the Select Committee on Tax-Payer Funded Government Advertising Campaigns to be brought up.

                 Ordered - That the Committee have leave to sit during the recess and report on the first day of next Session.

 

Select Committee on
Tax-Payer Funded
Government
Advertising
Campaigns.

  32.

Order of the Day read for the Report of the Select Committee on Taxi Industry in South Australia to be brought up.

                 Ordered - That the Committee have leave to sit during the recess and report on the first day of next Session.

 

Select Committee
on Taxi Industry in
South Australia.

  33.

Order of the Day read for the Report of the Select Committee on Certain Matters Relating to Horse Racing in South Australia to be brought up.

                 Ordered - That the Committee have leave to sit during the recess and report on the first day of next Session.

 

Select Committee
on Certain Matters
Relating to
Horse Racing in
South Australia.

 

34.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. R. P. Wortley - That the Report of the Natural Resources Committee on Kangaroo Island Natural Resources Management Board Levy Proposal, 2009-2010, “Don’t Mention the Koalas”, be noted:

                 Question put and passed.

Natural Resources
Committee - Report
on Kangaroo Island
Natural Resources
Management Board
Levy Proposal,
2009-2010, be noted -
Motion re.

  35.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. R. P. Wortley - That the Report of the Natural Resources Committee on Water Resources Management in the Murray Darling Basin Volume 2, “The Two Rivers”, be noted:

                 Debate resumed.

                 Question put and passed.

 

Natural Resources
Committee - Report
on Water Resources
Management in the
Murray Darling
Basin Volume 2,
be noted -
Motion re.

36.

Ordered - That Order of the Day (Private Business) No. 11 be an Order of the Day for Wednesday, 2 December 2009.

 

Postponement
of Business.

  37.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. R. P. Wortley - That the Report, 2008-2009, of the Natural Resources Committee on Upper South East Dryland Salinity and Flood Management Act 2002, be noted:

                 Debate resumed.

                 Question put and passed.

 

Natural Resources 
Committee - Report , 2008-2009, on
Upper South East
Dryland Salinity and
Flood Management
Act 2002, be noted -
Motion re.

38.

Ordered - That Order of the Day (Private Business) No. 13 be an Order of the Day for Wednesday, 2 December 2009.

 

Postponement
of Business.

39.

At one minute 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.

 

40.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. D. W. Ridgway - That this Council recognises the contribution of the Hon. C. V. Schaefer and the Hon. R. D. Lawson to the Parliament and the community of South Australia:

                 Debate resumed.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday, 2 December 2009.

 

The Hon.
C. V. Schaefer
and the Hon.
R. D. Lawson -
Motion re.

41.

Ordered - That Orders of the Day (Private Business) No. 15 to No. 18 be Orders of the Day for Wednesday, 2 December 2009.

 

Postponement
of Business.

42.

On the Order of the Day being read for the adjourned debate on the question - That the Constitution (Fixed Session Preceding Election) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. I. K. Hunter, the debate was adjourned until Wednesday, 2 December 2009.

 

Constitution
(Fixed Session
Preceding Election)
Amendment Bill.

43.

Ordered - That Order of the Day (Private Business) No. 20 be an Order of the Day for Wednesday, 2 December 2009.

 

Postponement
of Business.

44.

Ordered - That Order of the Day (Private Business) No. 21 be discharged.

 

Business Discharged.

 

45.

Ordered - That Orders of the Day (Private Business) No. 22 to No. 34 be Orders of the Day for Wednesday, 2 December 2009.

 

Postponement
of Business.

46.

Ordered - That Order of the Day (Private Business) No. 35 be postponed and taken into consideration on motion.

 

Postponement
of Business.

47.

Ordered - That Order of the Day (Private Business) No. 36 be an Order of the Day for Wednesday, 2 December 2009.

 

Postponement
of Business.

  48.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. R. P. Wortley - That the Report of the Environment, Resources and Development Committee on Desalination at Port Bonython, be noted:

                 Debate resumed.

                 Question put and passed.

 

Environment,
Resources and
Development
Committee - Report
on Desalination at
Port Bonython,
be noted -
Motion re.

49.

Ordered - That Orders of the Day (Private Business) No. 38 to No. 41 be Orders of the Day for Wednesday, 2 December 2009.

 

Postponement
of Business.

  50.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. R. D. Lawson - That the Regulations under the Workers Rehabilitation and Compensation Act 1986 concerning Claims and Registration - Discontinuance Fee, made on 26 March 2009 and laid on the Table of this Council on 7 April 2009, be disallowed:

                 Debate resumed.

                 Question - That the motion be agreed to - put.

Workers
Rehabilitation and
Compensation Act -
Regulations -
Claims and
Registration -
Discontinuance Fee -
Motion for
Disallowance of.

 

             Council divided:

Ayes, 12

The Hon. A. M. Bressington

The Hon. R. L. Brokenshire

The Hon. J. A. Darley

The Hon. J.S.L. Dawkins

The Hon. D.G.E. Hood

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. T. J. Stephens

The Hon. S. G. Wade

The Hon. R. D. Lawson (Teller)

         So it was resolved in the affirmative.

 

Noes, 9

The Hon. B. V. Finnigan

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. P. Holloway

The Hon. I. K. Hunter

The Hon. M. C. Parnell

The Hon. D. N. Winderlich

The Hon. R. P. Wortley

The Hon. C. Zollo (Teller)

 

 

                 Motion agreed to.

 

 

51.

Ordered - That the adjourned debate on the question - That the Environment Protection (Right to Farm) Amendment 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. 5.

                          Schedule agreed to.

                          Title agreed to.

_____________________

 

Environment
Protection
(Right to Farm)
Amendment Bill.

 

                 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.

 

 

52.

Ordered - That Orders of the Day (Private Business) No. 43 to No. 46 be Orders of the Day for Wednesday, 2 December 2009.

 

Postponement
of Business.

  53.

On the Order of the Day being read for the adjourned debate on the question - That the National Parks and Wildlife (Ban on Hunting Protected Animals) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. B. V. Finnigan, the debate was adjourned until Wednesday, 2 December 2009.

 

National Parks and
Wildlife (Ban on
Hunting Protected
Animals)
Amendment Bill.

54.

Ordered - That Order of the Day (Private Business) No. 48 to No. 65 be Orders of the Day for Wednesday, 2 December 2009.

 

Postponement
of Business.

55.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Consent to Medical Treatment and Palliative Care (Voluntary Euthanasia) Amendment Bill.

 

In the Committee

 

                          Clause No. 1 read.

                 The Hon. A. M. Bressington moved on page 3, line 4, to leave out “Voluntary Euthanasia” and insert “Nominated Care Options - Voluntary Euthanasia”.

                 Question - That the amendment be agreed to - put.

Consent to Medical
Treatment and
Palliative Care
(Voluntary
Euthanasia)
Amendment Bill.

 

             Committee divided:

Ayes, 8

The Hon. J. A. Darley

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. I. K. Hunter

The Hon. M. C. Parnell

The Hon. D. N. Winderlich

The Hon. R. P. Wortley

The Hon. A. M. Bressington  (Teller)

 

 

 

 

 

         So it passed in the negative.

 

Noes, 13

The Hon. R. L. Brokenshire

The Hon. J.S.L. Dawkins

The Hon. B. V. Finnigan

The Hon. P. Holloway

The Hon. D.G.E. Hood

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. T. J. Stephens

The Hon. S. G. Wade

The Hon. C. Zollo

The Hon. R. I. Lucas (Teller)

 

 

                          Clause No. 1 agreed to.

                          Clauses No. 2 to No. 5 agreed to.

                          Clause No. 6 read.

                 The Hon. A. M. Bressington moved on page 4, lines 9 to 14, to leave out paragraphs (a) and (b) and insert the following:

      “(i)      who are in the terminal phase of a terminal illness; or

      (ii)       who have an illness, injury or other medical condition (not being a treatable psychiatric illness) that—

      (A)      results in permanent deprivation of consciousness; or

      (B)      irreversibly impairs the person’s quality of life so that life has become intolerable to that person,”.

                 Question - That the amendment be agreed to - put.

 

 

             Committee divided:

Ayes, 10

The Hon. J. A. Darley

The Hon. J.S.L. Dawkins

The Hon. J. M. Gazzola

The Hon. I. K. Hunter

The Hon. J.M.A. Lensink

The Hon. M. C. Parnell

The Hon. D. W. Ridgway

The Hon. D. N. Winderlich

The Hon. R. P. Wortley

The Hon. A. M. Bressington  (Teller)

 

         So it passed in the negative.

 

Noes, 11

The Hon. R. L. Brokenshire

The Hon. B. V. Finnigan

The Hon. G. E. Gago

The Hon. P. Holloway

The Hon. D.G.E. Hood

The Hon. R. D. Lawson

The Hon. C. V. Schaefer

The Hon. T. J. Stephens

The Hon. S. G. Wade

The Hon. C. Zollo

The Hon. R. I. Lucas (Teller)

 

 

                          Clause No. 6 agreed to.

                          Clauses No. 7 and No. 8 agreed to.

                          Clause No. 9 read.

                 The Hon. A. M. Bressington moved on page 5, after line 15, to insert the following:

Statutory Authorities Review Committee means the committee of that name established under the Parliamentary Committees Act 1991;

                 Question - That the amendment be agreed to - put.

 

 

             Committee divided:

Ayes, 7

The Hon. J. A. Darley

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. I. K. Hunter

The Hon. M. C. Parnell

The Hon. D. N. Winderlich

The Hon. A. M. Bressington  (Teller)

 

 

 

 

 

 

 

         So it passed in the negative.

 

Noes, 14

The Hon. R. L. Brokenshire

The Hon. J.S.L. Dawkins

The Hon. B. V. Finnigan

The Hon. P. Holloway

The Hon. D.G.E. Hood

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. T. J. Stephens

The Hon. S. G. Wade

The Hon. R. P. Wortley

The Hon. C. Zollo

The Hon. R. I. Lucas (Teller)

 

 

_____________________

 

And it being twelve of the clock:

THURSDAY 19 NOVEMBER 2009

_____________________

 

                 Question - That Clause No. 9, as otherwise amended, be agreed to - put.

 

 

             Committee divided:

Ayes, 11

The Hon. A. M. Bressington

The Hon. J. A. Darley

The Hon. J.S.L. Dawkins

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. I. K. Hunter

The Hon. J.M.A. Lensink

The Hon. D. W. Ridgway

The Hon. D. N. Winderlich

The Hon. R. P. Wortley

The Hon. M. C. Parnell (Teller)

         So it was resolved in the affirmative.

 

Noes, 10

The Hon. R. L. Brokenshire

The Hon. B. V. Finnigan

The Hon. P. Holloway

The Hon. D.G.E. Hood

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. R. D. Lawson (Teller)

 

 

                          Clause No. 9, as otherwise amended, 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.

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

                 Debate ensued.

                 Question put.

 

 

             Council divided:

Ayes, 9

The Hon. J. A. Darley

The Hon. J.S.L. Dawkins

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. I. K. Hunter

The Hon. J.M.A. Lensink

The Hon. D. N. Winderlich

The Hon. R. P. Wortley

The Hon. M. C. Parnell (Teller)

 

 

         So it passed in the negative.

 

 

Noes, 11

The Hon. R. L. Brokenshire

The Hon. B. V. Finnigan

The Hon. P. Holloway

The Hon. D.G.E. Hood

The Hon. R. D. Lawson

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. T. J. Stephens

The Hon. S. G. Wade

The Hon. C. Zollo

The Hon. R. I. Lucas  (Teller)

 

56.

Ordered - That Orders of the Day (Private Business) No. 67 to No. 83 be Orders of the Day for Wednesday, 2 December 2009.

 

Postponement
of Business.

57.

Ordered - That Orders of the Day (Private Business) No. 84 to No. 86 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

58.

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

 

Postponement
of Business.

59.

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

Message No. 121

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to Amend the Liquor Licensing Act 1997, without any amendment.

House of Assembly, 18 November 2009.                                                        J. J. SNELLING, Speaker.

 

Message from
House of Assembly:
Liquor Licensing
(Producers,
Responsible Service
and Other Matters)
Amendment Bill.

 

60.

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

 

Next Day of Sitting.

61.

Council adjourned at twenty-one 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. 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