SOUTH AUSTRALIA]

No. 72

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY  20  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.

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

        By the Minister for Industry and Trade (The Hon. P. Holloway) -

                 Disciplinary Appeal Tribunal - Report, 2004-2005.

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

                 Animal Plant Control Commission - South Australia - Report, 2004.

                 Regulation under the following Act -

                          State Procurement Act 2004 - Exclusions.

                 Rules of Court -

                          Industrial Relations Court - Industrial Proceedings Rules -

                                   Occupational Health, Safety and Welfare Act 1986 - Mediation and Conciliation Referrals.

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

                 Reports, 2004 -

                          The University of Adelaide -

                                   Part One Annual Review.

                                   Part Two Financial Statements.

                 Regulation under the following Act -

                          Veterinary Practice Act 2003 - General.

 

Papers.

 

   4.

The Minister for Industry and Trade tabled a copy of a Ministerial Statement made by the Attorney-General (The Hon. M. J. Atkinson, M.P.) concerning the Criminal Law (Undercover Operations) Act 1995.

 

Ministerial
Statement Tabled.

 

   5.

The Minister for Industry and Trade tabled a copy of a Ministerial Statement made by the Premier (The Hon. M. D. Rann, M.P.) concerning the Lower Eyre Peninsula Bushfire Recovery Operation, together with a copy of the Report titled “Collaboration is the Key:  Lessons from the South Australian Government’s Recovery Operation Lower Eyre Peninsula Bushfire, January 2005”.

 

Ministerial
Statement Tabled.

 

Document Tabled

 

   6.

The Minister for Aboriginal Affairs and Reconciliation, without notice, moved - That the Standing Orders be so far suspended as to enable Question Time to be extended to enable the Hon. K. J. Reynolds to complete her 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.

 

   7.

The Minister for Industry and Trade, according to order, moved - That the Criminal Law Consolidation (Instruments of Crime) Amendment Bill be now read a second time.

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

 

Criminal Law
Consolidation
(Instruments of
Crime) Amendment
Bill.

 

 

   8.

The Minister for Emergency Services, according to order, moved - That the Occupational Therapy Practice Bill be now read a second time.

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

 

Occupational
Therapy Practice
Bill.

 

 

   9.

The Minister for Industry and Trade, according to order, moved - That the Electrical Products (Expiation Fees) Amendment Bill be now read a second time.

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

 

Electrical Products
(Expiation Fees)
Amendment Bill.

 

 

10.

The Minister for Industry and Trade, according to order, moved - That the Statutes Amendment (Transport Portfolio) Bill be now read a second time.

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

 

Statutes Amendment
(Transport Portfolio)
Bill.

 

 

11.

The Minister for Industry and Trade, according to order, moved - That the Maritime (Access) (Functions of Commission) Amendment Bill be now read a second time.

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

 

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

 

 

12.

Ordered - That Orders of the Day (Government Business) No. 6 to No. 11 be postponed and taken into consideration after Order of the Day (Government Business) No. 12.

 

Postponement
of Business.

 

13.

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

                 Debate resumed.

                 And the Hon. K. J. Reynolds having obtained leave to conclude her remarks, the debate was adjourned until next day of sitting.

 

Pitjantjatjara
Land Rights
(Miscellaneous)
Amendment Bill.

 

14.

Ordered - That Order of the Day (Government Business) No. 6 be postponed and taken into consideration on motion.

 

Postponement
of Business.

 

15.

Ordered - That Orders of the Day (Government Business) No. 7 to No. 10 be postponed and taken into consideration after Order of the Day (Government Business) No. 11.

 

Postponement
of Business.

 

16.

On the Order of the Day being read for the adjourned debate on the question - That the Broken Hill Proprietary Company’s Steel Works Indenture (Environmental Authorisation) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. R. K. Sneath, the debate was adjourned and ordered to be resumed on motion.

 

Broken Hill
Proprietary
Company’s Steel
Works Indenture
(Environmental
Authorisation)
Amendment Bill.

 

17.

Ordered - That Orders of the Day (Government Business) No. 7 and No. 8 be postponed and taken into consideration after Order of the Day (Government Business) No. 9.

 

Postponement
of Business.

 

18.

On the Order of the Day being 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. T. J. Stephens, the debate was adjourned and ordered to be resumed on motion.

 

Statutes Amendment
(Relationships) Bill.

 

 

19.

Ordered - That Orders of the Day (Government Business) No. 7, No. 8, No. 10 and No. 13 be postponed and taken into consideration after Order of the Day (Government Business) No. 14.

 

Postponement
of Business.

 

20.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of Message No. 105 from the House of Assembly relating to the Correctional Services (Parole) Amendment Bill.

 

In the Committee

 

                          Resolved - That the Recommendations from the Conference be agreed to.

_____________________

 

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

 

Correctional
Services (Parole)
Amendment Bill.

 

21.

Ordered - That the adjourned debate on the question - That the Broken Hill Proprietary Company’s Steel Works Indenture (Environmental Authorisation) Amendment Bill be now read a second time - be now resumed.

                 Debate resumed.

                 And the Hon. S. M. Kanck having obtained leave to conclude her remarks, the debate was adjourned and ordered to be resumed on motion.

 

Broken Hill
Proprietary
Company’s Steel
Works Indenture
(Environmental
Authorisation)
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.

On the Order of the Day being read for the adjourned debate on the question - That the Broken Hill Proprietary Company’s Steel Works Indenture (Environmental Authorisation) Amendment 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.

 

Broken Hill
Proprietary
Company’s Steel
Works Indenture
(Environmental
Authorisation)
Amendment Bill.

 

24.

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

 

In the Committee

 

                                   Schedule further considered, amended and 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 and Trade, 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
(Intervention
Programs and
Sentencing
Procedures) Bill.

 

25.

The Council, according to order, resolved itself into a Committee of the Whole for the reconsideration of the Development (Sustainable Development) Amendment Bill (No. 1).

 

In the Committee

 

                                   Clause No. 1 reconsidered, amended and agreed to.

                                   Clauses No. 2 and No. 3 reconsidered and agreed to.

                                   New clause No. 3A inserted.

                                   Clause No. 4 reconsidered and agreed to.

                                   Clause No. 5 reconsidered, amended and agreed to.

                                   New clause No. 5A inserted

                                   New clause No. 5B inserted.

Development
(Sustainable
Development) 
Amendment Bill
(No.1).

Changed Title:
Development (Miscellaneous)
Amendment Bill.

 

 

                                   New clause No. 5C inserted.

                                   New clause No. 5D inserted.

                                   Clause No. 6 reconsidered, amended and agreed to.

                                   Clause No. 7 reconsidered and agreed to.

                                   New clause No. 7A inserted.

                                   New clause No. 7B inserted.

                                   New clause No. 7C inserted.

                                   New clause No. 7D inserted.

                                   Clause No. 8 reconsidered, amended and agreed to.

                                   Clause No. 9 reconsidered.

                          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.

 

 

 

26.

Ordered - That Orders of the Day (Government Business) No. 8, No. 10 and No. 13 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

27.

Order of the Day read for the adjourned debate on the question - That the Adelaide Park Lands 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.

 

Adelaide
Park Lands Bill.

 

28.

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.

                 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.

 

Statutes Amendment
(Relationships) Bill.

 

29.

Ordered - That the adjourned debate on the question - That the Broken Hill Proprietary Company’s Steel Works Indenture (Environmental Authorisation) Amendment 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.

 

Broken Hill
Proprietary
Company’s Steel
Works Indenture
(Environmental
Authorisation)
Amendment Bill.

 

30.

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

 

Postponement
of Business.

 

31.

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

Message No. 115

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith entitled an Act to provide for the recognition of carers; and for other purposes, to which it desires the concurrence of the Legislative Council.

House of Assembly, 209 September 2005.                                                            R. B. SUCH, Speaker.

                 Bill 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. I. Lucas, the debate was adjourned until next day of sitting.

 

Message from
House of Assembly:
Carers Recognition
Bill.

 

 

32.

Council adjourned at twenty 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. 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