SOUTH AUSTRALIA]

No. 12

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  20  JUNE  2007

 

 

 

   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 Hon. J. M. Gazzola brought up the Fourth Report, 2007, of the Legislative Review Committee.

Legislative
Review
Committee -
Fourth Report, 2007.

 

 

    3.

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

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

                 Australian Energy Market Commission - Report, 2005-2006.

 

Paper.

 

   4.

The Minister for Police, by leave, tabled a copy of a Ministerial Statement made by the Premier
(The Hon. M. D. Rann, M.P.) concerning the Federal Government’s Decision to Award the Air Warfare Destroyer Design Contract to the Spanish Company, Navantia.

 

Ministerial
Statement Tabled.

 

   5.

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

 

Statements on
Matters of Interest.

 

   6.

Ordered - That Notices of Motion (Private Business) No. 1 to No. 3, Orders of the Day (Private Business) No. 1 to No. 29 and Orders of the Day (Government Business) No. 1 to No. 10 be postponed and taken into consideration after Order of the Day (Government Business) No. 11.

 

Postponement
of Business.

 

   7.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of Message No. 12 from the House of Assembly relating to the Climate Change and Greenhouse Emissions Reduction Bill.

 

In the Committee

 

                          The Minister for Environment and Conservation moved - That Amendments No. 12 and No. 17 be not insisted on.

                 Question - That Amendment No. 12 be insisted on - put.

Climate Change
and Greenhouse
Emissions
Reduction Bill.

 

 

 

             Committee divided:

Ayes, 11

The Hon. A. M. Bressington

The Hon. J.S.L. Dawkins

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. C. V. Schaefer

The Hon. T. J. Stephens

The Hon. S. G. Wade

The Hon. D. W. Ridgway (Teller)

      So it was resolved in the affirmative.

 

Noes, 8

The Hon. A. L. Evans

The Hon. B. V. Finnigan

The Hon. J. M. Gazzola

The Hon. P. Holloway

The Hon. D.G.E. Hood

The Hon. R. P. Wortley

The Hon. C. Zollo

The Hon. G. E. Gago (Teller)

 

 

 

                 Question - That Amendment No. 17 be insisted on - put and passed.

                 The President resumed the Chair and reported accordingly; whereupon the Council adopted such report.

 

 

 

   8.

Ordered - That Notice of Motion (Private Business) No. 1 be an Order of the Day for Wednesday, 25 July 2007.

 

Postponement
of Business.

 

   9.

The Hon. R. P. Wortley, pursuant to notice, moved - That the Report of the Natural Resources Committee on Deep Creek be noted.

                 On motion of the Hon. C. V. Schaefer, the debate was adjourned until Wednesday, 25 July 2007.

 

Natural Resources
Committee -
Report on Deep
Creek to be noted -
Motion re.

 

 

10.

The Hon. D.G.E. Hood, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Summary Offences Act 1953.

                 Question put and passed.

                 Bill introduced and read a first time.

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

                 On motion of the Hon. R. P. Wortley, the debate was adjourned until Wednesday, 25 July 2007.

 

Summary Offences
(Piercing and
Scarification)
Amendment Bill.

 

11.

Ordered - That Orders of the Day (Private Business) No. 1 to No. 10 be Orders of the Day for Wednesday, 25 July 2007.

 

Postponement
of Business.

 

12.

On the Order of the Day being read for the adjourned debate on the question - That the Controlled Substances (Cultivation of Controlled Plants) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. B. V. Finnigan, the debate was adjourned until Wednesday, 25 July 2007.

 

Controlled
Substances
(Cultivation of
Controlled Plants)
Amendment Bill.

 

13.

Ordered - separately - That Orders of the Day (Private Business) No. 12 and No. 13 be Orders of the Day for Wednesday, 25 July 2007.

 

Postponement
of Business.

 

14.

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

                 Debate resumed.

                 On motion of the Hon. I. K. Hunter, the debate was adjourned until Wednesday, 25 July 2007.

 

Monitored
Treatment
Programs Bill.

 

15.

Ordered - That Orders of the Day (Private Business) No. 15 to No. 18 be Orders of the Day for Wednesday, 25 July 2007.

 

Postponement
of Business.

 

16.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. S. M. Kanck - That the Natural Resources Committee conduct an inquiry into uses of the waters of the Murray-Darling Basin and their impacts in respect of South Australia, with particular reference to:

            I.   The forms of agriculture which are consistent with the sustainable use of water resources (including relevant riparian, groundwater and artesian sources);

          II.   The extent to which the natural processes of the basin are being altered to suit the needs of irrigation, and the impact this has on South Australia’s water supplies;

         III.   The economic value of agriculture and its impact on water and environmental sustainability;

         IV.   Alternatives to water-intensive primary industries including:

(a)     Strategies for their continuation or cessation, and

(b)    What assistance would be required by communities and individuals reliant on crops that are identified as unsustainable;

          V.   The impact of managed investment schemes and large corporate agribusinesses on downstream small irrigators, rural communities and the environment in South Australia.

         VI.   The amount of water allocated to ‘sleeper licences’ and the proportion of that water which is not being used;

        VII.   The risks of and need for appropriate regulatory controls for the expansion of water trading across the basin; and

      VIII.   Any other related matter:

                 Debate resumed.

                 On motion of the Hon. I. K. Hunter, the debate was adjourned until Wednesday, 25 July 2007.

 

Uses of Water of the
Murray-Darling
Basin -
Natural Resources
Committee to
inquire into -
Motion re.

 

17.

Ordered - That Orders of the Day (Private Business) No. 20 to No. 29 be Orders of the Day for Wednesday, 25 July 2007.

 

Postponement
of Business.

 

18.

The Minister for Environment and Conservation, pursuant to notice, moved - That she have leave to introduce a Bill for an Act to provide for a system of marine parks for the State; to make consequential amendments to certain other Acts and for other purposes.

                 Question put and passed.

                 Bill introduced and read a first time.

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

                 On motion of the Hon. J.M.A. Lensink, the debate was adjourned until next day of sitting.

 

Marine Parks Bill.

 

19.

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.

 

20.

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

 

Postponement
of Business.

 

21.

On the Order of the Day being read for the adjourned debate on the question - That the Natural Resources Management (Water Resources and Other Matters) 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

 

                          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.

 

Natural Resources
Management
(Water Resources
and Other Matters)
Amendment Bill.

 

22.

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.

 

 

23.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Natural Resources Management (Water Resources and Other Matters) Amendment Bill.

 

In the Committee

 

                          Clause No. 1 further considered and agreed to.

                          Clauses No. 2 to No. 11 agreed to.

                          Clause No. 12 amended and agreed to.

                          Clauses No. 13 to No. 38 agreed to.

                          Clause No. 39 amended and agreed to.

                          Clauses No. 40 to No. 44 agreed to.

                          Clause No. 45 amended and agreed to.

                          Clauses No. 46 to No. 49 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 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
(Water Resources
and Other Matters)
Amendment Bill.

 

24.

Ordered - That Orders of the Day (Government Business) No. 5 to No. 7 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

25.

On the Order of the Day being read for the adjourned debate on the question - That the Commission of Inquiry (Children in State Care) (Children on APY Lands) 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.

                          Clause No. 6 read.

                 The Hon. R. D. Lawson moved on page 3, after line 28, to insert the following:

“(5)      The commission is to commence after completion of the commission of inquiry under section 4.”.

                 Question - That the amendment be agreed to - put and negatived.

                          Clause No. 6 agreed to.

                          Clause No. 7 agreed to.

                 The Hon. S. M. Kanck moved on page 3, after line 35, to insert new clause as follows:

7A—Insertion of section 11A

After section 11 insert:

11A—Report of Minister in response to Commissioner's report

The Minister must respond to each report of the Commissioner as follows:

      (a)       within 3 months after receipt of the report by the Governor, the Minister must make a preliminary response indicating which (if any) of the recommendations of the Commissioner it is intended be carried out; and

      (b)      within 6 months after receipt of the report by the Governor, the Minister must make a full response stating—

       (i)       the recommendations of the Commissioner that will be carried out and the manner in which they will be carried out; and

      (ii)       the recommendations of the Commissioner that will not be carried out and the reasons for not carrying them out; and

      (c)       for each year for 5 years following the making of the full response, the Minister must, within 3 months after the end of the year, make a further response stating—

       (i)       the recommendations of the Commissioner that have been wholly or partly carried out in the relevant year and the manner in which they have been carried out; and

      (ii)       if, during the relevant year, a decision has been made not to carry out a recommendation of the Commissioner that was to be carried out, the reasons for not carrying it out; and

      (iii)      if, during the relevant year, a decision has been made to carry out a recommendation of the Commissioner that was not to be carried out, the reasons for the decision and the manner in which the recommendation will be carried out; and

      (d)      a copy of each response must be laid before each House of Parliament within 3 sitting days after it is made.”.

                 The Minister for Police moved on page 3, after line 35, to insert new clause as follows:

7A—Insertion of section 11A

After section 11 insert:

11A—Report of Minister in response to Commissioner's report

      (1)       The Minister must, within 6 months after the Governor receives a report of the Commissioner under this Act, prepare a report setting out the actions proposed to be taken in response to the recommendations of the Commissioner.

      (2)       The Minister must cause a copy of the report to be laid before each House of Parliament within 3 sitting days after its completion.”.

                 Amendment, by leave, withdrawn.

                 Question - That new clause No. 7A, as proposed to be inserted by the Hon. S. M. Kanck, be so inserted - put and passed.

                          New clause No. 7A inserted.

                          Clauses No. 8 and No. 9 agreed to.

                          Clause No. 10 read.

                 The Hon. R. D. Lawson moved on page 4, lines 28 and 29, to leave out paragraph (a).

                 Question - That the amendment be agreed to - put and negatived.

                          Clause No. 10 agreed to.

                          Title agreed to.

_____________________

 

Commission of
Inquiry (Children
in State Care)
(Children on
APY Lands)
Amendment 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.

                 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.

 

 

 

26.

On the Order of the Day being read for the adjourned debate on the question - That the Julia Farr Services (Trusts) Bill be now read a second time:

                 Debate resumed.

Julia Farr Services (Trusts) Bill.

 

 

 

                 The Hon. S. G. Wade, by leave, tabled a copy of Briefing Notes from Julia Farr Association, dated June 2007 titled “Institutional and community-based responses to people with a disability and their families”.

Document Tabled.

 

 

 

                 The Hon. S. G. Wade, by leave, tabled a copy of a letter to the Minister for Disability Services (The Hon. J. Weatherill, M.P.) from Peter Stuart, Chair, Julia Farr Association, dated 19 June 2007.

                 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

 

                          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 next day of sitting.

 

Document Tabled.

 

27.

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

 

Postponement
of Business.

 

28.

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

 

Next Day
of Sitting.

 

 

29.

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

Message No. 15

                 MR. PRESIDENT - The House of Assembly does not insist on its disagreement to Amendments Nos. 12 and 17 of the Legislative Council in the Climate Change and Greenhouse Emissions Reduction Bill; and does not insist on its Alternative Amendments; and has agreed to the Consequential Amendment of the Legislative Council made as a result of the Legislative Council no longer insisting on its Amendment No. 3.

House of Assembly, 20 June 2007.                                                                   J. J. SNELLING, Speaker.

 

Messages from
House of Assembly:
Climate Change
and Greenhouse
Emissions
Reduction Bill.

 

 

Message No. 16

                 MR. PRESIDENT - The House of Assembly requests that the Legislative Council give permission to the Minister for Police (The Hon. P. Holloway), the Minister for Environment and Conservation (The Hon. G. E. Gago) and the Minister for Emergency Services (The Hon. C. Zollo), Members of the Legislative Council, to attend and give evidence before the Estimates Committees of the House of Assembly on the Appropriation Bill.

House of Assembly, 20 June 2007.                                                                   J. J. SNELLING, Speaker.

                 Ordered - That the Message be taken into consideration forthwith.

                 The Minister for Police moved - That the Minister for Police, the Minister for Emergency Services and the Minister for Environment and Conservation have leave to attend and give evidence before the Estimates Committee of the House of Assembly on the Appropriation Bill, if they think fit.

                 Question put and passed.

 

Estimates
Committees: 
Ministers from LC,
Authority to attend.

 

30.

Council adjourned at twelve minutes to eleven o’clock until tomorrow at eleven o’clock a.m.

 

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. Gazzola

The Hon. D.G.E. Hood

 

The Hon. P. Holloway

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. C. Zollo