SOUTH AUSTRALIA]

No. 61

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY  20  JULY  2004

 

 

 

   1.

Council met pursuant to adjournment.  The President (The Hon. R. R. Roberts) 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. 11.

                 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 Third Session of the 50th Parliament, viz.:

                 No. 20 of 2004 - An Act to provide for food safety matters relating to the production of primary produce; to repeal the Dairy Industry Act 1992 and the Meat Hygiene Act 1994; to amend the Prevention of Cruelty to Animals Act 1985; and for other purposes.

                 No. 21 of 2004 - An Act to amend the Debits Tax Act 1994, the Pay-roll Tax Act 1971 and the Stamp Duties Act 1923.

                 No. 22 of 2004 - 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.

                 No. 23 of 2004 - An Act to amend the Courts Administration Act 1993, the Criminal Law Consolidation Act 1935, the De Facto Relationships Act 1996, the Development Act 1993, the Environment, Resources and Development Court Act 1993, the Juries Act 1927, the Summary Procedure Act 1921, the Supreme Court Act 1935, the Young Offenders Act 1993 and the Youth Court Act 1993, to make related amendments to various other Acts; and for other purposes.

                 No. 24 of 2004 - An Act to establish the Australian Energy Market Commission; and for other purposes.

                 No. 25 of 2004 - An Act to amend the Pitjantjatjara Land Rights Act 1981.

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

1 July 2004.

 

Message from
Governor:
Assent to Bills.

 

   3.

Answer to Question on Notice No. 127 received this day was tabled by the President who directed that it be distributed and printed in Hansard.

 

Answers to
Question on
Notice.

 

    4.

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

        By the Minister for Industry, Trade and Regional Development

        (The Hon. P. Holloway) -

                 Interim Operation of the District Council of Mount Barker - Littlehampton Concept Plan - Plan Amendment Report.

                 Regulations under the following Acts -

                          Australian Crime Commission (South Australia) Act 2004 -

                                   Summons.

                                   Transitional - Summons.

                          Criminal Law Consolidation Act 1935 - Termination of Pregnancy.

                          Electoral Act 1985 - Prescribed Authorities.

                          Liquor Licensing Act 1997 - Long Term Dry Areas - Golden Grove.

                          Motor Vehicles Act 1959 -

                                   Mobile Phones.

                                   Mopeds.

                          Road Traffic Act 1961 - Compulsory Blood Testing - Variations.

        By the Minister for Aboriginal Affairs and Reconciliation

        (The Hon. T. G. Roberts) -

                 Regulations under the following Acts -

                          Adoption Act 1988 - Revocation.

                          Reproductive Technology (Clinical Practices) Act 1988 - Women’s and Children’s Hospital.

                          Senior Secondary Assessment Board of South Australia Act 1983 - Subjects.

                          South Australian Health Commission Act 1976 -

                                   Audit of Prescribed Hospitals.

                                   Regional Hospital - Medicare Patients Fees.

                 Dental Practice (General) Regulations 2003 - Review of Regulation 5.

                 Memorandum of Understanding between the Commonwealth of Australia and the State Government of SA - Provision of Care Arrangements in the Community for some Immigration Detainee Minors in SA.

 

Papers.

 

   5.

The Minister for Industry, Trade and Regional Development brought up the Report of the Select Committee on Internet and Interactive Home Gambling and Gambling by other means of Telecommunication in South Australia, together with Minutes of Proceedings and Evidence.

                 Ordered - That the Report be printed.  (Paper No. 222)

 

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

 

 

   6.

The Minister for Aboriginal Affairs and Reconciliation brought up an Interim Report of the Select Committee on Mount Gambier District Health Service, together with Minutes of Evidence.

                 Ordered - That the Report be printed.  (Paper No. 223)

 

Select Committee on
Mount Gambier
District Health
Service.

 

   7.

The Minister for Industry, Trade and Regional Development tabled a copy of a Ministerial Statement made by the Minister for Infrastructure (The Hon. P. F. Conlon, M.P.) concerning the City Central Project.

 

Ministerial
Statement Tabled.

 

   8.

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 the Adelaide Dolphin Sanctuary, together with the Draft Adelaide Dolphin Sanctuary Bill for consultation.

 

Ministerial
Statement Tabled.

 

   9.

The Minister for Industry, Technology and Regional Development, without notice, moved - That the Standing Orders be so far suspended as to enable Question Time to be extended to enable the Hon. D. W. Ridgway to complete his question to the Minister 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.

 

  10.

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

Message No. 100

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to provide for a Commission of Inquiry into allegations of failure on the part of government agencies, employees or other relevant persons to investigate or appropriately deal with allegations concerning sexual offences against children under the guardianship, custody, care or control of the Minister responsible for the protection of children, to provide evidentiary powers and immunities in connection with the inquiry; and for other purposes, to which it desires the concurrence of the Legislative Council.

House of Assembly, 19 July 2004.                                                       I. P. LEWIS, Speaker.

Message from
House of Assembly:
Commission of
Inquiry (Children
in State Care) Bill.

 

 

        Bill read a first time.

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

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

 

 

 

  11.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 5 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

  12.

On the Order of the Day being read for the adjourned debate on the question - That the Pastoral Land Management and Conservation (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

 

                          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.

 

Pastoral Land
Management
and Conservation
(Miscellaneous)
Amendment Bill.

 

  13.

Ordered - That Orders of the Day (Government Business) No. 7 to No. 9 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 Appropriation Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned and ordered to be resumed on motion.

 

Appropriation Bill.

 

  15.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (Miscellaneous Superannuation Measures) Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned and ordered to be resumed on motion.

 

Statutes Amendment
(Miscellaneous
Superannuation
Measures) Bill.

 

  16.

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

                 Debate resumed.

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

 

Professional

Standards Bill.

 

17.

Ordered - That the adjourned debate on the question - That the Statutes Amendment (Miscellaneous Superannuation Measures) 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. 4 agreed to.

                          Clause No. 5 amended and agreed to.

                          Clauses No. 6 to No. 9 agreed to.

                          Clause No. 10 amended and agreed to.

                          Clauses No. 11 to No. 13 agreed to.

                          Clause No. 14 amended and agreed to.

                          Clauses No. 15 to No. 17 agreed to.

                          Clause No. 18 amended and agreed to.

                          Clause No. 19 agreed to.

                          Clause No. 20 amended and agreed to.

                          Clause No. 21 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 Industry, Trade and Regional 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.

 

Statutes Amendment
(Miscellaneous
Superannuation
Measures) Bill.

 

18.

At six minutes to 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.

 

19.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (Electricity and Gas) 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.

 

Statutes Amendment
(Electricity and Gas)
Bill.

 

20.

Ordered - That Order of the Day (Government Business) No. 14 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

 

21.

On the Order of the Day being read for the adjourned debate on the question - That the  Conveyancers (Corporate Structures) 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. 9 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 Industry, Trade and Regional 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.

 

Conveyancers
(Corporate
Structures)
Amendment Bill.

 

  22.

Ordered - That Order of the Day (Government Business) No. 16 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

 

  23.

Ordered - That the adjourned debate on the question - That the Appropriation Bill be now read a second time - be now resumed.

                 Debate resumed.

                 Question put and passed.

                 Bill read a second time.

                 Ordered - That the Bill’s consideration in Committee be an Order of the Day for next day of sitting.

 

Appropriation Bill.

 

  24.

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

Message No. 101

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Chicken Meat Industry Act 2003, to which it desires the concurrence of the Legislative Council.

House of Assembly, 20 July 2004.                                                       I. P. LEWIS, 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:
Chicken Meat
Industry
(Arbitration)
Amendment Bill.

 

 

 

Message No. 102

                 MR. PRESIDENT - The House of Assembly has agreed to the amendments made by the Legislative Council in the Natural Resources Management Bill without amendment.

House of Assembly, 20 July 2004.                                                       I. P. LEWIS, Speaker.

 

Natural Resources
Management Bill.

 

 

 

Message No. 103

                 MR. PRESIDENT - The House of Assembly has agreed to the amendments made by the Legislative Council in the Statutes Amendment (Co-managed Parks) Bill without amendment.

House of Assembly, 20 July 2004.                                                       I. P. LEWIS, Speaker.

 

Statutes Amendment
(Co-managed Parks)
Bill.

 

25.

The Minister for Industry Trade and Regional Development, 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 Notices 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.

 

26.

Council adjourned twenty-five minutes to ten 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. 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. C. Zollo

The Hon. N. Xenophon