SOUTH AUSTRALIA]

No. 56

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  19  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.

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

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

                 SABOR Ltd. Financial Report, 2001-2002.

 

Paper.

 

   3.

The Hon. J. M. Gazzola brought up the Nineteenth Report, 2002-2003 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 a Notice 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 -

Motor Vehicles Act 1959 - Accident Towing Roster Vacancies.

 

Legislative
Review
Committee -
Nineteenth Report,
2002-2003.

 

   4.

The Hon. J. M. Gazzola brought up the Twentieth Report, 2002-2003 of the Legislative Review Committee.

 

 

Legislative
Review
Committee -
Twentieth Report,
2002-2003.

 

 

   5.

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 NRG Energy Inc.

 

Paper Tabled.

 

   6.

The Minister for Aboriginal Affairs and Reconciliation (The Hon. T. G. Roberts) tabled a copy of a Ministerial Statement made by the Minister for Health (The Hon. L. Stevens, M.P.) concerning Strontium 90 Bone Samples.

 

Paper Tabled.

 

   7.

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 Radioactive Waste in South Australia.

 

Paper Tabled.

 

   8.

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. T. J. Stephens to complete a question to the Minister and for him 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.

 

   9.

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

 

Statements on
Matters of Interest.

 

10.

The Minister for Aboriginal Affairs and Reconciliation, without notice, moved - That the Standing Orders be so far suspended as to enable him to give a Notice of Motion after the time for giving such notice had expired.

                 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.

 

11.

Ordered - separately - That Notices of Motion (Private Business) No. 2 to No. 7 be Orders of the Day for Wednesday, 26 March 2003.

 

Postponement
of Business.

 

12.

The Hon. N. Xenophon, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend 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. J. M. Gazzola, the debate was adjourned until Wednesday, 26 March 2003.

 

Gaming Machines
(Extension of
Freeze)
Amendment Bill.

 

13.

The Hon. N. Xenophon, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to provide for the continuation of the use of Victoria Square, Adelaide, for the direct East-West movement of traffic.

                 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, 26 March 2003.

 

Victoria Square
(Continuation of
East-West Traffic
Arrangements) Bill.

 

14.

The Hon. N. Xenophon, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Local Government Act 1999.

                 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. J. M. Gazzola, the debate was adjourned until Wednesday, 26 March 2003.

 

Local Government
(Lochiel Park)
Amendment Bill.

 

15.

The Hon. C. V. Schaefer, pursuant to notice, moved - That the Hon. P. Holloway, M.L.C., Minister for Agriculture, Food and Fisheries, be censured for his ineptitude in handling the prohibition on professional fishing in the River Murray.

                 On motion of the Minister for Agriculture, Food and Fisheries, the debate was adjourned until Wednesday, 26 March 2003.

 

Censure of Minister
for Agriculture,
Food and Fisheries -
Motion re.

 

16.

The Hon. A. J. Redford, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Members of Parliament (Register of Interests) Act 1983.

                 Question put and passed.

                 Bill introduced and read a first time.

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

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday, 26 March 2003.

 

Members of
Parliament
(Register of Interests)
(Overseas Travel)
Amendment Bill.

 

17.

The Hon. I. Gilfillan, pursuant to notice, moved -

            I.      That this Council urges the Government to support the establishment of a Law Reform Institute, similar to the institutes that are in existence elsewhere in Australia, and that this Institute be empowered as an independent reviewer and researcher of law in South Australia.

          II.      Further, that this Council calls on the Attorney-General to support this Institute financially in conjunction with the Law Society of South Australia and South Australia’s Universities.

                 And the Hon. I. Gilfillan having obtained leave to conclude his remarks, the debate was adjourned until Wednesday, 26 March 2003.

 

Establishment of
Law Reform
Institute -
Motion re.

 

18.

The Hon. R. I. Lucas, pursuant to notice, moved - That this Council demands the Premier direct the Treasurer to release all answers provided to him by Ministers and Departments to the question asked by the Member for Heysen on 30 July 2002 in the Parliamentary Estimates Committee on the issue of the detail of Governments $967 million in budget cuts.

                 And the Hon. R. I. Lucas having obtained leave to conclude his remarks, the debate was adjourned until Wednesday, 26 March 2003.

 

Treasurer to
release Answers to
question asked by
Member for Heysen
in Estimates
Committee -
Motion re.

 

19.

Order of the Day read for the Report of the Select Committee on Internet and Interactive Home Gambling and Gambling by other means of Telecommunication in South Australia to be brought up:

                 Ordered - That the time for bringing up the Report be extended until Wednesday, 16 July 2003.

 

Select Committee
on Internet and
Interactive
Home Gambling
and Gambling by
other means of
Telecommunication
in South Australia.

 

 

  20.

Order of the Day read for the Report of the Select Committee on Pitjantjatjarra Land Rights to be brought up:

                 Ordered - That the time for bringing up the Report be extended until Wednesday, 16 July 2003.

 

Select  Committee
on Pitjantjatjarra
Land Rights.

 

  21.

Order of the Day read for the Report of the Select Committee on Retail Trading Hours to be brought up:

                 Ordered - That the time for bringing up the Report be extended until Wednesday, 16 July 2003.

 

Select Committee
on Retail Trading
Hours.

 

  22.

Ordered - That Order of the Day (Private Business) No. 4 be an Order of the Day for Wednesday, 26 March 2003.

 

Postponement
of Business.

 

23.

Ordered - That Order of the Day (Private Business) No. 5 be discharged.

 

Business
Discharged.

 

 

24.

Ordered - separately - That Orders of the Day (Private Business) No. 6 and No. 7 be Orders of the Day for Wednesday, 26 March 2003.

 

Postponement
of Business.

 

25.

Ordered - That Order of the Day (Private Business) No. 8 be discharged.

 

Business
Discharged.

 

 

26.

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

                 Debate resumed.

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

 

Summary Offences
(Loitering) 
Amendment Bill.

 

27.

At 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.

 

28.

The Minister for Agriculture, Food and Fisheries, without notice, moved - That the Standing Orders be so far suspended as to enable the Council to note the current international crisis involving Iraq and the threat of war in the Middle East.

                 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.

 

29.

The Minister for Agriculture, Food and Fisheries moved - That the Council note the current international crisis involving Iraq and the threat of war in the Middle East.

                 Debate ensued.

                 Question put and passed.

 

International Crisis
involving Iraq -
Motion to note.

 

30.

Ordered - That the adjourned debate on the on the question - That the Summary Offences (Loitering) Amendment Bill be now read a second time - be now resumed.

                 Debate resumed.

                 On motion of the Hon. A. J. Redford, the debate was adjourned until Wednesday, 26 March 2003.

 

Summary Offences
(Loitering) 
Amendment Bill.

 

31.

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

 

Postponement
of Business.

 

32.

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

Message No. 87

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled a Bill for an Act to provide for the making and resolution of complaints against health or community service providers; to make provision in respect of the rights and responsibilities of health and community service users and providers; and for other purposes, to which it desires the concurrence of the Legislative Council.

House of Assembly, 19 February 2003.                                                                     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. D. V. Laidlaw, the debate was adjourned until next day of sitting.

 

Messages from
House of Assembly:
Health and
Community
Services
Complaints Bill.

 

 

 

Message No. 88

 

 

33.

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled a Bill for an Act to amend the Water Resources Act 1997, to which it desires the concurrence of the Legislative Council.

House of Assembly, 19 February 2003.                                                                     I. P. LEWIS, Speaker.

                 Bill read a first time.

                 Ordered - That the second reading be an Order of the Day for Wednesday, 26 March 2003.

 

Water Resources
(Miscellaneous)
Amendment Bill.

 

 

34.

Council adjourned at twenty-nine minutes to eleven 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