SOUTH AUSTRALIA]

No. 16

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY  20  JUNE  2006

 

 

 

   1.

Council met pursuant to adjournment.  The President (The Hon. R. K. Sneath) took the Chair.

                 The President read prayers.

 

Meeting of
Council.

    2.

A Messenger from the Governor having been announced by Black Rod, the following Message was received and read:

Message No. 2.

                 The Governor informs the Legislative Council that, in the name and on behalf of Her Majesty The Queen, the following Acts have been assented to during the present Session, viz.:

                 No. 1 of 2006 - An Act to amend the Institute of Medical and Veterinary Science Act 1982.

                 No. 2 of 2006 - An Act to amend the Government Financing Authority Act 1982.

                 No. 3 of 2006 - An Act for the appropriation of money from the Consolidated Account for the financial year ending on 30 June 2007.

Government House, Adelaide.                                         MARJORIE JACKSON-NELSON, Governor.

20 June 2006.

 

Message from
Governor:
Assent to Bills.

    3.

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

        By the Minister for Police (The Hon. P. Holloway) -

                 Regulations under the following Acts -

                          Associations Incorporation Act 1985 - Fees.

                          Bills of Sale Act 1886 - Fees.

                          Births, Deaths and Marriages Registration Act 1996 - Fees.

                          Business Names Act 1996 - Fees.

                          Community Titles Act 1996 - Fees.

                          Co-operatives Act 1997 - Fees.

                          Coroners Act 2003 - Fees.

                          Cremation Act 2000 - Fees.

                          Criminal Law (Sentencing) Act 1988 - Fees.

                          Dangerous Substances Act 1979 - Fees.

                          District Court Act 1991 - Fees.

                          Domestic Violence Act 1994 - Foreign Domestic Violence Restraining Orders.

                          Employment Agents Registration Act 1993 - Fees.

                          Environment, Resources and Development Court Act 1993 - Fees.

                          Explosives Act 1936 -

                                   Fees.

                                   Schedule 3 Fees.

                          Fair Work Act 1994 - Fees.

Papers.

 

                          Fees Regulation Act 1927 -

                                   Fees.

                                   Public Trustee Fees.

                                   Schedule Fees.

                          Firearms Act 1977 - Fees.

                          Freedom of Information Act 1991 - Fees.

                          Harbors and Navigation Act 1993 - Fees.

                          Land Tax Act 1936 - Fees.

                          Magistrates Court Act 1991 - Fees.

                          Mines and Works Inspection Act 1920 - Fees.

                          Mining Act 1971 - Fees.

                          Motor Vehicles Act 1959 -

                                   Drug Driving.

                                   Fees.

                                   Schedule 6 Fees.

                          Occupational Health, Safety and Welfare Act 1986 -

                                   Fees.

                                   Schedule 8 Fees.

                          Opal Mining Act 1995 - Fees.

                          Partnership Act 1891 - Fees.

                          Passenger Transport Act 1994 - Fees.

                          Petroleum Act 2000 - Fees.

                          Petroleum Products Regulation Act 1995 - Fees.

                          Public Trustee Act 1995 - Fees.

                          Real Property Act 1886 -

                                   Fees.

                                   Schedule 1 Fees.

                          Registration of Deeds Act 1935 - Fees.

                          Road Traffic Act 1961 -

                                   Drug Driving.

                                   Fees.

                                   Inspection Fees.

                                   Permit Fees.

                          Roads (Opening and Closing) Act 1991 - Fees.

                          Second-Hand Vehicle Dealers Act 1995 - Fees.

                          Security and Investigation Agents Act 1995 - Fees.

                          Sewerage Act 1929 - Fees.

                          Sexual Reassignment Act 1988 - Fees.

                          Sheriff’s Act 1978 - Fees.

                          State Records Act 1997 - Fees.

                          Strata Titles Act 1988 - Fees.

                          Summary Offences Act 1953 - Fees.

                          Summary Procedure Act 1921 - Foreign Restraining Orders.

                          Supreme Court Act 1935 - Fees.

                          Valuation of Land Act 1971 - Fees.

                          Waterworks Act 1932 - Fees.

                          Worker’s Liens Act 1893 - Fees.

                          Youth Court Act 1993 - Fees.

                 Rules under Acts -

                          Legal Practitioners’ Act - Erratum.

        By the Minister for Urban Development and Planning (The Hon. P. Holloway) -

                 Regulation under the following Act -

                          Development Act 1993 - Burnside Excavation.

        By the Minister for Emergency Services (The Hon. C. Zollo) -

                 Regulations under the following Acts -

                          Adoption Act 1988 - Fees.

                          Aquaculture Act 2001 - Fees.

                          Authorised Betting Operations Act 2000 - Fees.

                          Chicken Meat Industry Act 2003 - Fees.

                          Fire and Emergency Services Act 2005 - Fees.

 

 

                          Fisheries Act 1982 -

                                   Definition of Net.

                                   Fees.

                                   Miscellaneous Fees.

                          Gaming Machines Act 1992 - Fees.

                          Housing Improvement Act 1940 - Fees.

                          Livestock Act 1997 - Fees.

                          Lottery and Gaming Act 1936 - Fees.

                          Primary Produce (Food Safety Schemes) Act 2004 - Meat Industry.

        By the Minister for Environment and Conservation (The Hon. G. E. Gago) -

                 Dental Board of South Australia - Report, 2004-2005.

                 Regulations under the following Acts -

                          Ambulance Services Act 1992 - Fees.

                          Botanic Gardens and State Herbarium Act 1978 - Fees.

                          Building Work Contractors Act 1995 - Fees.

                          Conveyancers Act 1994 - Fees.

                          Crown Lands Act 1929 - Fees.

                          Environment Protection Act 1993 -

                                   Fees.

                                   Schedule 3 Fees.

                          Heritage Places Act 1993 - Fees.

                          Historic Shipwrecks Act 1981 - Fees.

                          Land Agents Act 1994 - Fees.

                          Liquor Licensing Act 1997 -

                                   Fees.

                                   Long Term Dry Areas - Hallett Cove.

                          Local Government Act 1999 - Fees.

                          National Parks and Wildlife Act 1972 -

                                   Fees.

                                   Schedule 1 Fees.

                          Native Vegetation Act 1991 - Fees.

                          Natural Resources Managements Act 2004 -

                                   Fees.

                                   Financial Year.

                                   Rateable Land Divided by NRM Boundary.

                                   Schedule 4 Fees.

                          Pastoral Land Management and Conservation Act 1989 - Fees.

                          Plumbers, Gas Fitters and Electricians Act 1995 - Fees.

                          Private Parking Areas Act 1986 - Fees.

                          Public and Environmental Health Act 1987 -

                                   Fees.

                                   Schedule 2 Fees.

                          Radiation Protection and Control Act 1982 - Fees.

 

 

                          South Australian Health Commission Act 1976 -

                                   Fees.

                                   Medicare Fees.

                                   Schedule 3 Fees.

                           Trade Measurement Administration Act 1993 - Fees.

                          Travel Agents Act 1986 - Fees.

        By the Minister for Mental Health and Substance Abuse (The Hon. G. E. Gago) -

                 Regulations under the following Acts -

                          Controlled Substances Act 1984 -

                                   Fees.

                                   Schedule 1 Fees.

 

 

   4.

The Minister for Police, by leave, tabled a Ministerial Statement made by the Premier (The Hon. M. D. Rann, M.P.) concerning the Results of the KPMG Competitive Alternatives 2006 Study.

 

Ministerial
Statement Tabled.

   5.

The Minister for Emergency Services, by leave, tabled a Ministerial Statement concerning Drug Driving.

 

Ministerial
Statement Tabled.

   6.

The Minister for Emergency Services, 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 and for the Minister 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.

   7.

On the Order of the Day being read for the adjourned debate on the question - That the Natural Resources Management (Transfer of Water Licences) 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. 3 agreed to.

                          Clause No. 4 amended and agreed to.

                          New Schedule inserted.

                          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 Environment and Conservation, 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.

 

Natural Resources
Management
(Transfer of Water
Licences)
Amendment Bill.

   8.

On the Order of the Day being read for the adjourned debate on the question - That the Tobacco Products Regulation (Prohibited Tobacco Products) 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. 4 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 Environment and Conservation, 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.

 

Tobacco Products
Regulation
(Prohibited
Tobacco Products)
Amendment Bill.

   9.

On the Order of the Day being read for the adjourned debate on the question - That the Groundwater (Border Agreement) (Amending Agreement) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. R. P. Wortley, the debate was adjourned until next day of sitting.

 

Groundwater
(Border Agreement)
(Amending
Agreement)
Amendment Bill.

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.

On the Order of the Day being read for the adjourned debate on the question - That the Water Efficiency Labelling and Standards 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

 

Water Efficiency
Labelling and
Standards Bill.

 

 

                 The Chairperson made the following Statement:

                 “As this legislation mirrors Commonwealth legislation, only applicable clauses are included whilst additional clauses have been added which apply to South Australia.  Therefore, I will call the clauses as they appear sequentially in the Bill.”

                          Clauses No. 1 to No. 3, No. 3A, No. 4, No. 7 and No. 8, No. 10 to No. 12, No. 16, No. 20, No. 22 to No. 39, No. 39A, No. 39B, No. 41 to No. 46, No. 46A, No. 47 to No. 62, No. 62A and No. 63 agreed to.

                          Clause No. 65 being a money clause, no question was put on the clause.

                          Clauses No. 66 to No. 72, No. 72A, No. 72B, No. 73 and No. 75 to No. 77 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 Environment and Conservation, 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.

 

Chairperson’s Statement.

12.

Ordered - That Order of the Day (Government Business) No. 6 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

13.

On the Order of the Day being read for the adjourned debate on the question - That the City of Adelaide (Representation Review) 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. 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 Environment and Conservation, 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.

 

City of Adelaide
(Representation
Review)
Amendment Bill.

14.

On the Order of the Day being read for the adjourned debate on the question - That the Superannuation (Administered Schemes) Amendment 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.

 

Superannuation
(Administered
Schemes)
Amendment Bill.

15.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (Road Transport Compliance and Enforcement) Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. R. P. Wortley, the debate was adjourned until next day of sitting.

 

Statutes Amendment
(Road Transport
Compliance and
Enforcement) Bill.

  16.

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

Message No. 21

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Births, Deaths and Marriages Registration Act 1996; the Coroners Act 2003 and the Cremation Act 2000, to which it desires the concurrence of the Legislative Council.

House of Assembly, 20 June 2006.                                                                   J. J. SNELLING, 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:
Statutes Amendment
(Disposal of Human
Remains) Bill.

 

 

Message No. 22

                 MR. PRESIDENT - The House of Assembly has agreed to the amendments made by the Legislative Council in the Criminal Law Consolidation (Throwing Objects at Vehicles) Amendment Bill, without amendment.

House of Assembly, 20 June 2006.                                                                   J. J. SNELLING, Speaker.

 

Criminal Law
Consolidation
(Throwing Objects
at Vehicles)
Amendment Bill.

17.

Council adjourned at twenty-four minutes to six o’clock until tomorrow at fifteen minutes past two o’clock.

 

Adjournment.

 

_________________________

 

 

 

 

 

Members present during any part of the sitting:

 

 

 

The Hon. A. M. Bressington

The Hon. J.S.L. Dawkins

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. 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. N. Xenophon

The Hon. C. Zollo