SOUTH AUSTRALIA]

No. 71

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

MONDAY  19  SEPTEMBER  2005

 

 

 

   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 Minister for Industry and Trade (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 Statutes Amendment and Repeal (Aggravated Offences) Bill.

                 Question put and passed.

 

Statutes Amendment
and Repeal
(Aggravated
Offences) Bill.

 

   3.

Answer to Question on Notice No. 212 received this day was tabled by the President who directed that it be distributed and printed in Hansard.

 

Answer to
Question
on Notice.

 

    4.

The Minister for Emergency Services (The Hon. C. Zollo) tabled the Report of the Independent Review of Circumstances Surrounding the Eyre Peninsula Bushfires of 10 and 11 January (Wangary Bushfire), prepared by Dr. Bob Smith, September 2005.

Document Tabled.

 

 

 

                 The Minister for Emergency Services moved - That, in accordance with section 12 of the Civil Liability Act 1936, the Report be published.

                 Question put and passed.

 

Document
Published.

 

   5.

The Minister for Industry and Trade, 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 his 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.

 

   6.

The Minister for Industry and Trade, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Corporations (Commonwealth Powers) Act 2001.

                 Question put and passed.

                 Bill introduced and read a first time.

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

                 On motion of the Hon. R. D. Lawson, the debate was adjourned until next day of sitting.

 

Corporations
(Commonwealth
Powers) (Extension
of Period of
References)
Amendment Bill.

 

   7.

The Minister for Industry and Trade, according to order, moved - That the Justices of the Peace Bill be now read a second time.

                 On motion of the Hon. C. V. Schaefer, the debate was adjourned until next day of sitting.

 

Justices of
the Peace  Bill.

 

 

   8.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Statutes Amendment (Intervention Programs and Sentencing Procedures) Bill.

 

In the Committee

 

                                   Clauses No. 1 to No. 14 agreed to.

                                   Schedule 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 next day of sitting.

 

Statutes Amendment
(Intervention
Programs and
Sentencing
Procedures) Bill.

 

   9.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Development (Sustainable Development) Amendment Bill.

 

In the Committee

 

Development (Sustainable Development) Amendment Bill.

 

 

 

                          The Minister for Industry and Trade, according to instruction, moved - That the Bill be divided into two Bills, one Bill to be referred to as the Development (Sustainable Development) (No. 1) Amendment Bill and comprising Clauses No. 1 to No. 3 and Nos. 11, 14, 34 and 35, 48, 56 and 57, 59, 61, 64, 68, 71 and 72 and Schedule 1, Parts 1, 4 and 7, and the second Bill to be referred to as the Development (Sustainable Development) (No. 2) Amendment Bill and comprising Clauses No. 4 to 10, 12 and 13, 15 to 33, 36 to 47, 49 to 55, 58, 60, 62 and 63, 65 to 67, 69 and 70, 73 to 75 and Schedule 1, Parts 2 and 3, 5 and 6 and Parts 8 and 9.

                          Question put and passed.

                                   Clauses No. 1 to No. 3 agreed to.

                                   Clauses No. 4 to No. 10 postponed until after consideration of Bill No. 1 has been reported and concluded.

                                   Clause No. 11 agreed to.

                                   Clauses No. 12 and No. 13 postponed until after consideration of Bill No. 1 has been reported and concluded.

                                   Clause No. 14 agreed to.

                                   Clauses No. 15 to No. 33 postponed until after consideration of Bill No. 1 has been reported and concluded.

                                   Clauses No. 34 and No. 35 agreed to.

                                   Clauses No. 36 to No. 47 postponed until after consideration of Bill No. 1 has been reported and concluded.

                                   Clause No. 48 agreed to.

                                   Clauses No. 49 to No. 55 postponed until after consideration of Bill No. 1 has been reported and concluded.

                                   Clauses No. 56 and No. 57 agreed to.

                                   Clause No. 58 postponed until after consideration of Bill No. 1 has been reported and concluded.

                                   Clause No. 59 agreed to.

                                   Clause No. 60 postponed until after consideration of Bill No. 1 has been reported and concluded.

                                   Clause No. 61 agreed to.

                                   Clauses No. 62 and No. 63 postponed until after consideration of Bill No. 1 has been reported and concluded.

                                   Clause No. 64 agreed to.

                                   Clauses No. 65 to No. 67 postponed until after consideration of Bill No. 1 has been reported and concluded.

                                   Clause No. 68 agreed to.

                                   Clauses No. 69 and No. 70 postponed until after consideration of Bill No. 1 has been reported and concluded.

                                   Clauses No. 71 and No. 72 agreed to.

                                   Clauses No. 73 to No. 75 postponed until after consideration of Bill No. 1 has been reported and concluded.

                                   Schedule 1, Part 1, agreed to.

                                   Schedule 1, Parts 2 and 3, postponed until after consideration of Bill No. 1 has been reported and concluded.

                                   Schedule 1, Part 4, agreed to.

                                   Schedule 1, Parts 5 and 6, postponed until after consideration of Bill No. 1 has been reported and concluded.

                                   Schedule 1, Part 7, agreed to.

                                   Schedule 1, Parts 8 and 9, postponed until after consideration of Bill No. 1 has been reported and concluded.

                                   Title amended and agreed to.

                          To report progress on the No. 2 Bill and ask leave to sit again.

_____________________

 

Instruction.

Development
(Sustainable
Development)
Amendment Bill
(No. 1).
Development
(Sustainable
Development)
Amendment Bill
(No. 2):
Divided Bill.

 

 

 

                 The President resumed the Chair and reported that the Committee had considered the Bill, divided it into two Bills pursuant to Instruction, and had agreed to the No. 1 Bill with an amended Title and had made progress on the No. 2 Bill, and asked leave to sit again in respect thereof; whereupon the Council adopted such reports.

                 Ordered - That the Committee have leave to sit again in respect of the No. 2 Bill on next day of sitting.

                 Ordered - That the No. 1 Bill be recommitted to a Committee of the Whole on next day of sitting.

 

 

 

10.

Order of the Day read for the adjourned debate on the question - That the Statutes Amendment (Relationships) Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. I. Gilfillan, the debate was adjourned and ordered to be resumed on motion.

 

Statutes Amendment
(Relationships) Bill.

 

 

11.

On the Order of the Day read for the adjourned debate on the question - That the Children’s Protection (Keeping Them Safe) Amendment Bill be now read a second time:

                 Debate resumed.

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

 

Children’s
Protection
(Keeping them Safe)
Amendment Bill.

 

12.

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

                 Debate resumed.

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

 

Statutes Amendment
(Relationships) Bill.

 

13.

Ordered - That Orders of the Day (Government Business) No. 6 and No. 7 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

14.

On the Order of the Day being read for the adjourned debate on the question - That the Dog Fence (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. 27 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 Aboriginal Affairs and Reconciliation (The Hon. T. G. Roberts), 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.

 

Dog Fence
(Miscellaneous)
Amendment Bill.

 

15.

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

                 Debate resumed.

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

 

Defamation Bill.

 

16.

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

 

Postponement
of Business.

 

17.

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

Message No. 110

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith entitled an Act to amend the Criminal Law Consolidation Act 1935, to which it desires the concurrence of the Legislative Council.

House of Assembly, 15 September 2005.                                                              R. B. SUCH, Speaker.

                 Bill read a first time.

                 Ordered - That the second reading be an Order of the Day for next day of sitting.

 

Messages from
House of Assembly:
Criminal Law
Consolidation
(Instruments of
Crime)
Amendment Bill.

 

 

 

Message No. 111

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith entitled an Act to protect the health and safety of the public by providing for the registration of occupational therapists and occupational therapy students; to regulate the provision of occupational therapy for the purpose of maintaining high standards of competence and conduct by the persons who provide it; to repeal the Occupational Therapists Act 1974; and for other purposes, to which it desires the concurrence of the Legislative Council.

House of Assembly, 19 September 2005.                                                              R. B. SUCH, Speaker.

                 Bill read a first time.

                 Ordered - That the second reading be an Order of the Day for next day of sitting.

 

Occupational
Therapy Practice
Bill.

 

 

 

Message No. 112

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith entitled an Act to amend the Electrical Products Act 2000, to which it desires the concurrence of the Legislative Council.

House of Assembly, 19 September 2005.                                                              R. B. SUCH, Speaker.

                 Bill read a first time.

                 Ordered - That the second reading be an Order of the Day for next day of sitting

 

Electrical Products
(Expiation Fees)
Amendment Bill.

 

 

 

Message No. 113

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith entitled an Act to amend the Harbors and Navigation Act 1993, the Motor Vehicles Act 1959 and the Road Traffic Act 1961, to which it desires the concurrence of the Legislative Council.

House of Assembly, 19 September 2005.                                                              R. B. SUCH, Speaker.

                 Bill read a first time.

                 Ordered - That the second reading be an Order of the Day for next day of sitting

 

Statutes Amendment
(Transport Portfolio)
 Bill.

 

 

 

Message No. 114

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith entitled an Act to amend the Maritime Services (Access) Act 2000, to which it desires the concurrence of the Legislative Council.

House of Assembly, 19 September 2005.                                                              R. B. SUCH, Speaker.

                 Bill read a first time.

                 Ordered - That the second reading be an Order of the Day for next day of sitting.

 

Maritime Services
(Access) (Functions
of Commission)
Amendment Bill.

 

 

18.

Council adjourned at two minutes past six 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. 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. N. Xenophon

The Hon. C. Zollo