SOUTH AUSTRALIA]

No. 34

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY  20  NOVEMBER  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 following Papers were laid upon the Table, viz.:

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

                 Reports, 2006-2007 -

                          Adelaide Festival Corporation.

                          Art Gallery Board of South Australia.

                          Australian Energy Market Commission.

                          Final Budget Outcome.

                          JamFactory Contemporary Craft and Design Inc.

                          Promotion and Grievance Appeals Tribunal.

                          SA Metropolitan Fire Service Superannuation Scheme.

                          South Australian Museum Board.

                          State Emergency Management Committee.

                          The State Opera of South Australia.

                 Regulation under the following Act -

                          Harbors and Navigation Act 1993 - Mooring Prohibition.

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

                 Reports, 2005-2006 -

                          Julia Farr.

                          South Australian Apiary Industry Fund.

                          South Australian Cattle Industry Fund.

                          South Australian Citrus Industry Development Board.

                          South Australian Deer Industry Fund.

                          South Australian Pig Industry Fund.

                          South Australian Sheep Industry Fund.

                 Reports, 2006-2007 -

                          Adelaide Convention Centre.

                          Adelaide Entertainment Centre.

                          Child Death and Serious Injury Review Committee.

                          Department for Families and Communities.

                          Education Adelaide.

                          Gaming Machines Act 1992.

                          Guardian for Children and Young People.

                          Problem Gambling Family Protection Orders Act 2004.

Papers.

 

                          South Australian Tourism Commission.

                          Supported Residential Facilities Advisory Committee.

                          The Council for the Care of Children.

                 Club One (SA) Ltd. - Financial Report, 2006-2007.

                 Variation of Approved Licensing Agreement (Second Amendment Agreement) - between the Minister for Gambling and SkyCity Adelaide Pty. Ltd.

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

                 Reports, 2006-2007 -

                          Native Vegetation Council.

                          South Australian National Parks and Wildlife Council.

                 Regulations under the following Acts -

                          Liquor Licensing Act 1997 - Dry Zones -

                                   Beachport - Short Term.

                                   Glenelg - Short Term.

 

 

    3.

The Hon. R. P. Wortley brought up the Report of the Environment, Resources and Development Committee on Coastal Development.

 

Environment,
Resources and
Development
Committee - Report
on Coastal
Development.

 

   4.

The Minister for Police, by leave, without notice, moved - That the Select Committee on SA Water have permission to meet during the sitting of the Council this day.

                 Question put and passed.

 

Select Committee
on SA Water -
Leave to meet during
sitting of the Council.

 

   5.

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 Dismantling Criminal Bikie Gangs.

 

Ministerial
Statement Tabled.

 

   6.

The Minister for Police, by leave, tabled a copy of a Ministerial Statement made by the Deputy Premier (The Hon. K. O. Foley, M.P.) concerning the 2006-2007 Final Budget Outcome.

 

Ministerial
Statement Tabled.

 

   7.

The Minister for Police, without notice, moved - That the Standing Orders be so far suspended as to enable the Report of the Auditor-General, 2006-2007, to be referred to a Committee of the Whole for the consideration of the Report.

                 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.

 

                 The President then left the Chair and the Council resolved itself into a Committee of the Whole for the consideration of the Report.

 

In the Committee

 

                          Report of the Auditor-General, 2006-2007, considered.

_____________________

 

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

 

Report of the
Auditor-General,
2006-2007 -
Consideration in
Committee.

   8.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 3 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

   9.

Ordered - That Orders of the Day (Government Business) No. 4 to No. 7 be postponed and taken into consideration after Order of the Day (Government Business) No. 8.

 

Postponement
of Business.

10.

On the Order of the Day being read for the adjourned debate on the question - That the Santos Limited (Deed of Undertaking) 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 considered.

                 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.

 

Santos Limited
(Deed of
Undertaking) Bill.

11.

The Minister for Police, without notice, moved - That the Standing Orders be so far suspended as to enable the sitting of the Council to be extended beyond 6.30 p.m.

                 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.

12.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Santos Limited (Deed of Undertaking) Bill.

 

In the Committee

 

                          Clause No. 1 further considered and agreed to.

                          Clauses No. 2 to No. 7 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 Police, 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.

 

Santos Limited
(Deed of
Undertaking) Bill.

13.

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

 

Postponement
of Business.

14.

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

Message No. 57

                 MR. PRESIDENT - The House of Assembly has disagreed to the amendments made by the Legislative Council in the Electricity (Feed-In Scheme - Residential Solar Systems) Amendment Bill as indicated in the annexed Schedule. The House of Assembly returns the Bill herewith and desires its reconsideration.

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

 

Message from
House of Assembly:
Electricity (Feed-In
Scheme - Residential
Solar Systems)
Amendment Bill.

 

 

Schedule of the Amendments made by the Legislative Council

to which the House of Assembly has disagreed

Amendment No. 1–

Clause 1, page 2, line 3—

Delete “Residential

Amendment No. 2–

Clause 4, page 3, before line 1—

Insert:

qualifying customer means—

      (a)       a domestic customer; or

      (b)      a small business customer;

Amendment No. 3–

Clause 4, page 3, line 2—

Delete “domestic customer” and substitute:

qualifying customer

Amendment No. 4–

Clause 4, page 3, after line 9—

Insert:

small business customer means a customer who acquires electricity primarily for the purposes of—

      (a)       a business—

       (i)       where not more than 20 persons are employed (and, for the purposes of this paragraph, the relevant number of persons will be determined by counting people who work full‑time in the business, or full‑time equivalents); and

      (ii)       where the business does not form part of a larger business; or

      (b)      a business that satisfies other criteria (if any) prescribed by the regulations for the purposes of this definition;

Amendment No. 5–

Clause 4, page 3, line 18—

Delete “domestic customer” and substitute:

qualifying customer

Amendment No. 6–

Clause 4, page 3, line 23—

Delete “domestic customer” and substitute:

qualifying customer

Amendment No. 7–

Clause 4, page 3, line 24—

Delete “domestic customer” and substitute:

qualifying customer

Amendment No. 8–

Clause 4, page 3, lines 31 and 32—

Delete “domestic customer” and substitute:

qualifying customer

Amendment No. 9–

Clause 4, page 3, lines 35 and 36—

Delete “domestic customer” and substitute:

qualifying customer

Amendment No. 10–

Clause 4, page 3, line 37—

Delete “domestic customer” and substitute:

qualifying customer

Amendment No. 11–

Clause 4, page 3, line 39—

Delete “domestic customer” and substitute:

qualifying customer

Amendment No. 12–

Clause 4, page 3, line 41—

Delete “domestic customer” and substitute:

qualifying customer

Amendment No. 13–

Clause 4, page 4, line 1—

Delete “domestic customer” and substitute:

qualifying customer

Amendment No. 14–

Clause 4, page 4, line 4—

Delete “domestic customer” and substitute:

qualifying customer

Amendment No. 15–

Clause 4, page 4, line 6—

Delete “domestic customer” and substitute:

qualifying customer

Amendment No. 16–

Clause 4, page 4, line 18—

Delete “2013” and substitute:

2028

M. LEHMAN, Clerk of the House of Assembly.

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

 

 

  15.

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

 

Next Day of Sitting.

16.

Council adjourned at five minutes to seven 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. 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. C. Zollo