SOUTH AUSTRALIA]

No. 25

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY  20 AUGUST  2002

 

 

 

   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 Papers were laid upon the Table, viz.:

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

                 Citrus Board of South Australia - Report, 2000-2001.

                 Review of the Collaborative Arrangements of the Capital City Committee Report.

                 Southern State Superannuation Scheme (Triple S) - Cost of Basic and Supplementary Insurance.

                 Regulations under the following Acts -

                          Hindmarsh Island Bridge Act 1999 - Exemptions.

                          Lottery and Gaming Act 1936 - Mobile Phone Entries.

                          Public Corporations Act 1993 - Liabilities Management.

                          Stamp Duties Act 1923 - Remake.

                 Australian Children’s Performing Arts Company Charter.

        By the Minister for Aboriginal Affairs and Reconciliation (The Hon. T. G. Roberts) -

                 Border Groundwaters Agreement Review Committee Report, 1999-2000.

                 Committee Appointed to Examine and Report on Abortions Notified in South Australia Report, 2001.

                 South Australian Victoria Border Groundwaters Agreement Review Committee Report, 2000-2001.

                 The Legal Practitioners Education and Admission Council (LPEAC) Report, 2001-2002.

                 A Review of Lake Frome and Strzelecki Regional Reserves Report, 1999-2001.

                 Regulations under the following Acts -

                          Building Work Contractors Act 1995 - Exemptions.

                          Environment Protection Act 1993 - Waste Depots.

                          Freedom of Information Act 1991 - Dr. George Duncan.

                          Ground Water (Qualco-Sunlands) Control Act 2000 - Costs.

                           Harbors and Navigation Act 1993 - Speed Limits.

                          Juries Act 1927 - Remuneration Scale.

                          Land and Business (Sale and Conveyancing) Act 1994 - Forms, Inquiries.

                          Road Traffic Act 1961 - Ancillary and Miscellaneous.

                          Subordinate Legislation Act 1978 - Publication.

                 Rules of Court - Magistrates Court -

                          District Court - District Court Act - Master’s Assessment of Damages.

 

Papers.

 

                 Agreement between the Commissioner of Police and the Police Complaints Authority - Section 42(1) of the Police Act 1`998 and Section 3(3) of the Police (Complaints and Disciplinary Proceedings) Act 1985.

                 Port Operating Agreement for Ardrossan between the Minister for Transport (“Minister”) and Ausbulk Limited (“Port Operator”).

 

 

    3.

The Hon. J. M. Gazzola brought up the Report, 2001-2002, of the Environment, Resources and Development Committee.

 

Environment, Resources and Development Committee -
Report, 2001-2002.

 

   4.

The Minister for Aboriginal Affairs and Reconciliation tabled a Ministerial Statement made by the Minister for Employment for Employment, Training and Further Education (The Hon. J. D. Lomax-Smith, M.P.) concerning Reform of TAFE Governance.

 

Paper Tabled.

   5.

The Minister for Aboriginal Affairs and Reconciliation tabled a Ministerial Statement made by the Minister for Local Government (The Hon. J. Weatherill, M.P.) concerning the draft Local Government (Access to Meetings and Documents) Amendment Bill 2002.

 

Paper Tabled.

   6.

The Minister for Aboriginal Affairs and Reconciliation tabled a Ministerial Statement made by the Minister for Environment and Conservation (The Hon. J. D. Hill, M.P.) concerning Whale Entanglements.

 

Paper Tabled.

   7.

On the Order of the Day being read for the adjourned debate on the question - That the Nuclear Waste Storage Facility (Prohibition) (Referendum) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. T. J. Stephens, the debate was adjourned until next day of sitting.

 

Nuclear Waste
Storage Facility
(Prohibition)
(Referendum)
Amendment Bill.

   8.

Ordered - That Orders of the Day (Government Business) No. 2 to No. 4 be postponed and taken into consideration after Order of the Day (Government Business) No. 7.

 

Postponement
of Business.

    9.

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

                 Debate resumed.

Recreational Services (Limitation of Liability) Bill.

 

                 The Hon. N. Xenophon, by leave, tabled a copy of a letter to Mr. Rob Davis, President, Australian Plaintiff Lawyers Association, from Richard Cumpston, Cumpston Sarjeant Pty. Ltd., dated 14 May 2002, concerning Public Liability Premiums, Claims and Profits, together with Appendices.

Papers Tabled.

 

                 The Hon. N. Xenophon, by leave, tabled copies of Public Position Papers prepared by Rob Davis, President, Australian Plaintiff Lawyers Association, entitled “Increasing Insurance Premiums” and “Hard Facts about Claims, Costs and Premiums”, respectively.

                 On motion of the Hon. G. E. Gago, the debate was adjourned and ordered to be resumed on motion.

 

Papers Tabled.

  10.

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

                 Debate resumed.

                 On motion of the Hon. G. E. Gago, the debate was adjourned and ordered to be resumed on motion.

 

Statutes
Amendment
(Structured
Settlements) Bill.

  11.

On the Order of the Day being read for the adjourned debate on the question - That the Wrongs (Liability and Damages for Personal Injury) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. G. E. Gago, the debate was adjourned and ordered to be resumed on motion.

 

Wrongs (Liability
and Damages for
Personal Injury)
Amendment Bill.

  12.

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.

                 And the Hon. R. I. Lucas having obtained leave to conclude his remarks, the debate was adjourned and ordered to be resumed on motion.

 

Appropriation Bill.

13.

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.

14.

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

Message No. 31

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act relating to agricultural chemical products, fertilisers and veterinary products; to repeal the Agricultural Chemicals Act 1955, the Stock Foods Act 1941 and the Stock Medicines Act 1939; to amend the Agricultural and Veterinary Chemicals (South Australia) Act 1994 and the Livestock Act 1997; and for other purposes, with the amendments indicated by the annexed Schedule, to which amendments the House of Assembly desires the concurrence of the Legislative Council.

House of Assembly, 19 August 2002.                                                                        I. P. LEWIS, Speaker.

 

Messages from
House of Assembly:
Agricultural and Veterinary Products (Control of Use) Bill.

 

 

 

Schedule of the amendments made by the House of Assembly

No. 1.      Clause 3, page 7, lines 1 to 4—Leave out the definition of "withholding period" and insert:

                             "withholding period", in relation to a trade product, means the minimum period that needs to elapse between use of an agricultural chemical product or a veterinary product and a particular activity in order to ensure that the agricultural chemical or veterinary product's residues in the trade product fall to or below, or will not exceed, the maximum limit that the NRA permits (see the MRL Standard).

No. 2.         Clause 9, page 11, lines 3 to 5—Leave out all words in these lines after "guilty of an offence if" in line 3 and insert:

(a)                       (a)  in the case of a registered agricultural chemical product used pursuant to a permit—a prescribed instruction setting out a withholding period for a trade product in the permit is contravened; or

                                                   (b)    in any other case—a prescribed instruction setting out a withholding period for a trade product displayed on the approved label for containers for the product is contravened.

No. 3.       Clause 9, page 11, line 7—Leave out subsection (2).

No. 4.       Clause 9, page 11, line 13—After "chemical product" insert:

or in a permit pursuant to which the registered agricultural chemical product is used

No. 5.       Clause 16, page 14, line 7—After "withholding period" insert:

for the animal or a product derived from the animal

D. A. BRIDGES, Acting Clerk of the House of Assembly.

                 Ordered - That the Message be taken into consideration on next day of sitting.

 

 

 

Message No. 32

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Stamp Duties Act 1923, to which it desires the concurrence of the Legislative Council.

House of Assembly, 20 August 2002.                                                           R. B. SUCH, Deputy Speaker.

                 Bill read a first time.

                 The Minister for Agriculture, Food and Fisheries then moved - That this Bill be now read a second time.

                 On motion of the Hon. R. I. Lucas, the debate was adjourned until next day of sitting.

 

Stamp Duties
(Rental Business
and Conveyance
Rates)
Amendment Bill.

 

 

Message No. 33

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Motor Accident Commission Act 1992 and the Motor Vehicles Act 1959, to which it desires the concurrence of the Legislative Council.

House of Assembly, 20 August 2002.                                                           R. B. SUCH, Deputy Speaker.

                 Bill read a first time.

                 The Minister for Agriculture, Food and Fisheries then moved - That this Bill be now read a second time.

                 On motion of the Hon. R. I. Lucas, the debate was adjourned until next day of sitting.

 

Statutes
Amendment
(Third Party
Bodily Injury
Insurance) Bill.

 

 

Message No. 34

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Gas Pipelines Access (South Australia) Act 1997, to which it desires the concurrence of the Legislative Council.

House of Assembly, 14 August 2002.                                                           R. B. SUCH, Deputy Speaker.

                 Bill read a first time.

                 The Minister for Agriculture, Food and Fisheries then moved - That this Bill be now read a second time.

                 On motion of the Hon. R. I. Lucas, the debate was adjourned until next day of sitting.

 

Gas Pipelines
Access
(South Australia)
(Reviews)
Amendment Bill.

 

  15.

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

                 Debate resumed.

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

 

Appropriation
Bill.

  16.

Ordered - That Orders of the Day (Government Business) No. 3 and No. 4 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

  17.

Ordered - That the adjourned debate on the question - That the Recreational Services (Limitation of Liability) Bill be now read a second time - be now resumed.

                 Debate resumed.

                 On motion of the Hon. G. E. Gago, the debate was adjourned and ordered to be resumed on motion.

 

Recreational
Services
(Limitation of
Liability) Bill.

 

  18.

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

                 Debate resumed.

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

 

Statutes
Amendment
(Structured
Settlements) Bill.

  19.

Ordered - That the adjourned debate on the question - That the Wrongs (Liability and Damages for Personal Injury) Amendment Bill be now read a second time - be now resumed.

                 Debate resumed.

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

 

Wrongs (Liability
and Damages for
Personal Injury)
Amendment Bill.

  20.

On the Order of the Day being read for the adjourned debate on the question - That the Prices (Prohibition on Return of Unsold Bread) Amendment 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.

 

Prices (Prohibition
on Return of
Unsold  Bread)
Amendment Bill.

  21.

Ordered - That Orders of the Day (Government Business) No. 9 and No. 10 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

  22.

Ordered - That the adjourned debate on the question - That the Recreational Services (Limitation of Liability) 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.

 

Recreational
Services
(Limitation of
Liability) Bill.

 

23.

Council adjourned at fifteen 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. M. J. Elliott

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. I. Lucas

The Hon. A. J. Redford

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