SOUTH AUSTRALIA]

No. 17

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  21  JUNE  2006

 

 

 

   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 President -

                 Naracoorte Lucindale Council - Effluent Disposal - Waste Control System - Plan Amendment Report.

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

                 Reports, 2004-2005 -

                          Commissioners of Charitable Funds.

                          Medical Board of South Australia.

                 Creating the Future Together - ACT Partnership Report to the Premier - June 2006.

 

Papers.

   3.

The Hon. J. M. Gazzola brought up the Sixth Report, 2006 of the Legislative Review Committee.

Legislative
Review
Committee -
Sixth Report,
2006.

 

   4.

The Hon. J. M. Gazzola brought up the Seventh Report, 2006 of the Legislative Review Committee, which was read by the Clerk as follows -

                 The By-laws listed hereunder were not tabled in Parliament in accordance with section 10(3) of the Subordinate Legislation Act 1978 and are at present being considered by the Legislative Review Committee.  Evidence is being taken on these matters and it is necessary for Notices of Motion for Disallowance to be given in both Houses before the expiration of 14 sitting days, to allow the Committee time to complete its deliberations.

                 Honourable Members are warned that after further consideration has been given to the
By-laws, the Committee may decide to take no further action.

                 By-laws referred to -

Local Government Act 1999 - Kangaroo Island Council -

          No. 5 - Dogs.

          No. 8 - Cats.

 

Legislative
Review
Committee -
Seventh Report,
2006.

 

   5.

The Minister for Police (The Hon. P. Holloway), by leave, tabled a copy of a Ministerial Statement made by the Premier (The Hon. M. D. Rann, M.P.) concerning the State Government’s Vision for Adelaide to become a World-Class “University City”.

 

Ministerial
Statement Tabled.

   6.

The Minister for Police, without notice, moved - That the Standing Orders be so far suspended as to enable Question Time to be extended to enable the Hon. R. D. Lawson to ask a question of 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.

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

 

Statements on
Matters of Interest.

   8.

Ordered - That Notices of Motion (Private Business) No. 1 to No. 3 be Orders of the Day for Wednesday, 30 August 2006.

 

Postponement
of Business.

   9.

Ordered - That Notice of Motion (Private Business) No. 5 be an Order of the Day for Wednesday, 30 August 2006.

 

Postponement
of Business.

10.

The Hon. N. Xenophon, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Victims of Crime Act 2001.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. N. Xenophon then moved - That this Bill be now read a second time.

                 On motion of the Hon. I. K. Hunter, the debate was adjourned until Wednesday, 30 August 2006.

 

Victims of Crime
(Victim
Participation)
Amendment Bill.

11.

The Hon. N. Xenophon, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Local Government Act 1999.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. N. Xenophon then moved - That this Bill be now read a second time.

                 On motion of the Hon. I. K. Hunter, the debate was adjourned until Wednesday, 30 August 2006.

 

Local Government
(Open Space)
Amendment Bill.

12.

The Hon. N. Xenophon, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Electricity Act 1996.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. N. Xenophon then moved - That this Bill be now read a second time.

                 On motion of the Hon. I. K. Hunter, the debate was adjourned until Wednesday, 30 August 2006.

 

Electricity
(Compensation
for Blackouts)
Amendment Bill.

13.

The Hon. J.S.L. Dawkins, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Family Relationships Act 1975 and the Reproductive Technology (Clinical Practices) Act 1988.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. J.S.L. Dawkins then moved - That this Bill be now read a second time.

                 On motion of the Hon. I. K. Hunter, the debate was adjourned until Wednesday, 30 August 2006.

 

Statutes Amendment
(Surrogacy) Bill.

14.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. R. P. Wortley - That the Report of the Environment, Resources and Development Committee on Upper South East Dryland Salinity and Flood Management Act 2002, July 2004-June 2005 be noted, be now resumed:

                 Debate resumed.

                 Question put and passed.

 

Environment,
Resources and
Development
Committee - Report
on Upper South East
Dryland Salinity and
Flood Management
Act 2002 be noted -
Motion re.

15.

Ordered - separately - That Orders of the Day (Private Business) No. 2 to No. 4 be Orders of the Day for Wednesday, 30 August 2006.

 

Postponement
of Business.

16.

On the Order of the Day being read for adjourned debate on the motion of the Hon. S. G. Wade - That the Social Development Committee inquire into and report on reform of the South Australian Certificate of Education -

    I.      with particular reference to the seven principles for reform laid down in the SACE Review - responsive, credible, inclusive, worthwhile, futures oriented, connected, supportive; and

   II.      any other related matter:

                 Debate resumed.

                 Question put and passed.

 

South Australian
Certificate of
Education -
Social  Development
Committee to
Inquire into -
Motion re.

17.

Ordered - separately - That Orders of the Day (Private Business) No. 6 to No. 10 be Orders of the Day for Wednesday, 30 August 2006.

 

Postponement
of Business.

18.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. N. Xenophon -

    I.      That, in the opinion of this Council, a Joint Parliamentary Committee be appointed to inquire into and report on -

(a)     the conduct of any Department of Education and Children’s Services employee or officer involved in the selection process for the positions of principal and acting principal, respectively, at the Elizabeth Vale Primary School since December 2003, including any process relating to the appeal of the former Principal, Ms. O’Connor;

(b)    the conduct and involvement of the Minister and Ministerial staff in this matter;

(c)     the conduct of any Australian Education Union representative involved in the appointment process of a principal and acting principal, respectively;

(d)    the conduct of any person identified above involved in the management or operation of the school since January 2006, with particular emphasis upon the -

      (i)   management of family grievances;

     (ii)   provision of learning programs;

    (iii)   management and duty of care of students;

   (iv)   management of the school’s budget; level of consultation with the school’s governing council;

    (v)   level of consultation with the school’s governing council;

(e)     establishing appropriate selection guidelines and processes for future appointments of principals and acting principals in all public schools, including increasing the level of community representation in the process; and

(f)     any other relevant matter.

   II.      That, in the event of a Joint Committee being appointed, the Legislative Council be represented thereon by three Members, of whom two shall form a quorum of Council Members necessary to be present at all sittings of the Committee.

III.      That the Joint Committee be permitted to authorise the disclosure or publication, as it thinks fit, of any evidence or documents presented to the Committee prior to such evidence being reported to the Parliament; and

IV.      That a Message be sent to the House of Assembly transmitting the foregoing Resolution and requesting its concurrence thereto:

                 Debate resumed.

                 The Hon. C. V. Schaefer moved to amend the motion in paragraph I, by leaving out “That, in the opinion of this Council, a Joint Parliamentary Committee” and inserting “That a Select Committee” and by leaving out paragraphs II, III and IV, and inserting new paragraphs as follow:

“II.      That Standing Order No. 389 be so far suspended as to enable the Chairperson of the Committee to have a deliberative vote only.

III.      That this Council permits the Select Committee to authorise the disclosure or publication, as it sees fit, of any evidence or documents presented to the Committee prior to such evidence being reported to the Council.

IV.      That Standing Order No. 396 be suspended to enable strangers to be admitted when the Select Committee is examining witnesses unless the Committee otherwise resolves, but they shall be excluded when the Committee is deliberating.”.

                 The Hon. A. M. Bressington moved to amend the amendment moved by the Hon. C. V. Schaefer in paragraph II, by inserting prior to “That Standing Order No. 389” the words “That the Committee consist of six Members and that the quorum of Members necessary to be present at all meetings of the Committee be fixed at four Members and”.

Selection Process
for Principal at
Elizabeth Vale
Primary School -
Motion for Joint
Committee on.

 

                 Question - That the amendment moved by the Hon. A. M. Bressington to the amendment moved by the Hon. C. V. Schaefer, be agreed to - put and passed.

                 Question - That the amendments moved by the Hon. C. V. Schaefer and as amended by the Hon. A. M. Bressington, be agreed to - put.

 

 

             Council divided:

Ayes, 11

The Hon. A. M. Bressington

The Hon. J.S.L. Dawkins

The Hon. D.G.E. Hood

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. D. W. Ridgway

The Hon. T. J. Stephens

The Hon. S. G. Wade

The Hon. N. Xenophon

The Hon. C. V. Schaefer (Teller)

      So it was resolved in the affirmative.

 

Noes, 10

The Hon. A. L. Evans

The Hon. B. V. Finnigan

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. I. K. Hunter

The Hon. S. M. Kanck

The Hon. M. C. Parnell

The Hon. R. P. Wortley

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

 

                 Question - That the motion moved by the Hon. N. Xenophon, and as amended by the Hon. C. V. Schaefer and the Hon. A. M. Bressington, be agreed to - put and passed.

                 The Hon. N. Xenophon moved - That the Select Committee consist of the Hon. A. M. Bressington, the Hon. J.S.L. Dawkins, the Hon. B. V. Finnigan, the Hon. C. V. Schaefer, the Hon. R. P. Wortley and the mover.

                 Question put and passed.

                 The Hon. N. Xenophon moved - That the Committee have power to send for persons, papers and records, to adjourn from place to place and report on Wednesday, 20 September 2006.

                 Question put and passed.

 

Select Committee Appointed.

19.

Ordered - That Orders of the Day (Private Business) No. 12 and No. 13 be Orders of the Day for Wednesday, 30 August 2006.

 

Postponement
of Business.

20.

Ordered - That Notices of Motion (Government Business) No. 1 to No. 3 and Orders of the Day (Government Business) No. 1 to No. 5 be postponed and taken into consideration after Order of the Day (Government Business) No. 6.

 

Postponement
of Business.

21.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (Road Transport Compliance and Enforcement) Bill be now read a second time:

                 Debate resumed.

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

 

Statutes Amendment
(Road Transport
Compliance and
Enforcement) Bill.

22.

At sixteen minutes past six o’clock the sitting was suspended until the ringing of the bells.

                 At eight o’clock the sitting was resumed.

 

Suspension and
Resumption of
Sitting.

23.

The Minister for Police, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Development Act 1993 and to make related amendments to the Local Government Act 1999 and the Parliamentary Committees Act 1991.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Minister for Police 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.

 

Development
(Development Plans)
Amendment Bill.

24.

The Minister for Police, pursuant to notice, moved - That pursuant to section 58 of the Fair Work Act 1994, the nominee of this Council to the Panel to consult with the Minister for Industrial Relations about an appointment to the position of Employee Ombudsman be the Hon. B. V. Finnigan.

                 Debate ensued.

                 Question put and passed.

 

Fair Work Act 1994 -
section 58 -
Council Nominee
for Panel -
Motion re.

25.

The Minister for Police, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Commission of Inquiry (Children in State Care) Act 2004.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. Minister for Police 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.

 

Commission of
Inquiry (Children
in State Care)
(Privileges and
Immunities)
Amendment Bill.

26.

The Minister for Police, according to order, moved - That the Statutes Amendment (Disposal of Human Remains) Bill be now read a second time.

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

 

Statutes Amendment
(Disposal of Human
Remains) Bill.

 

27.

Ordered - That Order of the Day (Government Business) No. 2 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

28.

Ordered - That Orders of the Day (Government Business) No. 3 to No. 5 be postponed and taken into consideration on motion.

 

Postponement
of Business.

29.

Ordered - That the adjourned debate on the question - That the Statutes Amendment (Road Transport Compliance and Enforcement) 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

 

                          Clause No. 1 agreed to.

                          Clause No. 2 read.

                 The Hon. D. W. Ridgway moved on page 6, line 7, to leave out “Part 2 or section 16” and insert “this Act”.

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

                 The Hon. D. W. Ridgway moved on page 6, after line 7, to insert the following:

       “(3)    The Minister must not recommend to the Governor that a proclamation be made bringing this Act, or part of this Act, into operation unless the Minister is satisfied that—

                 (a)     an adequate exercise has been undertaken to inform all sections of the public of the contents of this Act and to invite and consider the representations of the public as to contents of this Act and its commencement; or

                 (b)    similar legislation has been enacted in all other States of the Commonwealth.”.

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

                          Clause No. 2 agreed to.

                          Clause No. 3 agreed to.

                          Clause No. 4 read.

                 The Hon. R. D. Lawson moved on page 7, after line 32, to insert the following:

    “(3a)     If a police officer gives a direction under one or more of paragraphs (c), (d) or (g) of subsection (1), the officer must, as soon as reasonably practicable, give the person a written notice in the form prescribed by regulation repeating the effect of that direction and specifying the minimum number of hours that must elapse before the driver may be permitted to occupy the driver's seat, enter the vehicle or drive another vehicle, as the case may require.”.

                 Question - That the amendment be agreed to - put.

Statutes Amendment
(Road Transport
Compliance and
Enforcement) Bill.

 

             Committee divided:

Ayes, 8

The Hon. J.S.L. Dawkins

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. D. W. Ridgway

The Hon. T. J. Stephens

The Hon. S. G. Wade

The Hon. N. Xenophon

The Hon. R. D. Lawson (Teller)

 

 

      So it passed in the negative.

 

Noes, 10

The Hon. A. M. Bressington

The Hon. B. V. Finnigan

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. D.G.E. Hood

The Hon. I. K. Hunter

The Hon. M. C. Parnell

The Hon. R. P. Wortley

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

 

                 The Hon. R. D. Lawson moved on page 8, line 4, after “station” to insert “(which must be the nearest police station or some other police station agreed to by the driver and the officer)”.

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

                 The Hon. R. D. Lawson moved on page 8, after line 6, to insert the following:

    “(5a)     If a police officer takes possession of keys or components, the officer must, as soon as reasonably practicable, give the driver a written notice in the form prescribed by regulation stating the address of the police station from which the keys or components may be recovered.”.

                 Question - That the amendment be agreed to - put.

 

 

             Committee divided:

Ayes, 7

The Hon. J.S.L. Dawkins

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. D. W. Ridgway

The Hon. T. J. Stephens

The Hon. S. G. Wade

The Hon. R. D. Lawson (Teller)

 

 

 

 

      So it passed in the negative.

 

Noes, 11

The Hon. A. M. Bressington

The Hon. B. V. Finnigan

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. D.G.E. Hood

The Hon. I. K. Hunter

The Hon. M. C. Parnell

The Hon. R. P. Wortley

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

 

                          Clause No. 4 agreed to.

                          Clause No. 5 read.

                 The Hon. D. W. Ridgway moved on page 12, line 2, to leave out “residence or”.

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

                 The Hon. D. W. Ridgway moved on page 17, lines 39 to 43, and page 18, lines 1 to 30, to leave out all words in these lines and insert the following:

responsible person, in relation to a vehicle, means the owner, operator or driver of the vehicle or any other person who controls or directly influences the operation or loading of the vehicle;”.

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

                          Clause No. 5 agreed to.

                 The Hon. D. W. Ridgway moved on page 20, lines 38 to 41, and page 21, lines 1 to 16, to leave out proposed new section 9.

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

                          Clause No. 5 agreed to.

                          Clauses No. 6 to No. 13 agreed to.

                          Clause No. 14 read.

                 The Hon. D. W. Ridgway moved on page 24, after line 5, to insert:

                          “Penalty:  $1 250”.

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

                 The Hon. D. W. Ridgway moved on page 24, line 8, to leave out “; or” and insert “; and”.

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

                 The Hon. D. W. Ridgway moved on page 24, after line 10, to insert:

                          “Penalty:  $1 250”.

 

 

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

                 The Hon. D. W. Ridgway moved on page 29, after line 3, to insert:

                          “(5a)    Subsection (5) does not apply if the direction is unreasonable.”.

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

                 The Hon. D. W. Ridgway moved on page 29, after line 12, to insert:

                          “(1a)    Subsection (1) does not apply in relation to a vehicle that is carrying livestock.”.

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

                 The Hon. D. W. Ridgway moved on page 29, line 36, to leave out “30” and insert “20”.

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

                 The Hon. R. D. Lawson moved -

                          on page 31, after line 25, to insert the following:

“(4a)    If the officer believes on reasonable grounds that the driver is not fit to drive the vehicle because of the consumption of alcohol or a drug and gives the driver a direction under subsection (2)(c) or (d) or subsection (4)(c), the officer must, as soon as reasonably practicable, give the person a written notice in the form prescribed by regulation repeating the effect of that direction and specifying the minimum number of hours that must elapse before the driver may be permitted to occupy the driver's seat, enter the vehicle or drive another vehicle, as the case may require.”.

                          on page 31, line 34, after “station” to insert “(which must be the nearest police station or some other police station agreed to by the driver and the officer)”.

                          on page 31, after line 36, to insert the following:

“(6a)    If a police officer takes possession of keys or components, the officer must, as soon as reasonably practicable, give the driver a written notice in the form prescribed by regulation stating the address of the police station from which the keys or components may be recovered.”.

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

                 The Hon. D. W. Ridgway moved on page 32, after line 16, to insert the following:

“(3)      If an authorised officer or police officer gives a person a direction under this Subdivision otherwise than in writing, the authorised officer or police officer must cause the person to be given a notice in writing setting out the terms of the direction within 24 hours.”.

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

                 The Hon. D. W. Ridgway moved on page 39, line 29, to leave out “free of charge” and   insert “(provided that an amount equal to the reasonable cost of using the equipment is paid or offered to the occupier of the premises)”.

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

                 The Hon. D. W. Ridgway moved on page 44, after line 28, to insert the following:

“(2a)    A direction given to a person under subsection (1) must allow the person a reasonable period to obtain legal advice before the time stated when the records, devices or other things are to be produced.”.

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

                 The Hon. D. W. Ridgway moved on page 46, line 28, to leave out “, but not otherwise” and insert “if the person given the direction is qualified to drive the vehicle, but does not authorise the giving of a direction”.

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

                 The Hon. D. W. Ridgway moved on page 47, lines 18 to 22, to leave out subclause (2).

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

                 The Hon. D. W. Ridgway moved on page 48, line 8, to leave out “72” and insert “48”.

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

                 The Hon. D. W. Ridgway moved on page 48, after line 29, to insert the following:

 “(iia)   that the powers conferred by the warrant may only be exercised at a reasonable time of the day; and”.

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

                 The Hon. D. W. Ridgway moved on page 51, after line 15, to insert the following:

“(5a)    If an authorised officer or police officer issues an embargo notice under this section—

(a)        in relation to a vehicle otherwise than by serving a copy of it on the registered owner of the vehicle, the authorised officer or police officer must also, as soon as reasonably practicable, cause a copy of the notice to be served on the registered owner of the vehicle; or

 

 

(b)        in relation to premises otherwise than by serving a copy of it on the occupier of the premises, the authorised officer or police officer must also, as soon as reasonably practicable, cause a copy of the notice to be served on the occupier of the premises.”.

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

                 The Minister for Police moved on page 52, line 26, after “taken” to insert “or, instead, at the option of the operator of the vehicle or the occupier of the premises, the Crown must pay reasonable compensation for the damage caused to the vehicle, equipment, load or premises”.

                 The Hon. D. W. Ridgway moved on page 52, line 26, after “taken” to insert “, and the Crown will be liable to compensate any person for loss suffered in consequence of the action taken”.

                 Question - That the words proposed to be inserted by the Minister for Police, be so inserted - put and passed.

                 The Hon. D. W. Ridgway moved on page 53, after line 22, to insert the following:

 “41NA—Abusive language or wrongful obstruction or use of force by authorised officers etc

             If an authorised officer, police officer or person assisting an authorised officer or police officer—

(a)     addresses offensive language to any other person; or

(b)    without lawful authority, hinders or obstructs or uses or threatens to use force in relation to any other person,

             the officer or person is guilty of an offence.

             Penalty:  $1 250.

41NB—Improper access to documents or records

             If an authorised officer, police officer or person assisting an authorised officer or police officer exercises, or purports to exercise, a power under a road law in relation to a person in order to obtain access to the person's documents or records for a purpose not related to the enforcement of a road law, the officer or person is guilty of an offence.

             Penalty:  $1 250.”.

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

                          Clause No. 14, as amended, agreed to.

                          Clauses No. 15 to No. 23 agreed to.

                          Clause No. 24 read.

                 The Hon. D. W. Ridgway moved on page 66, lines 12 and 13, to leave out subclause (3).

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

                          Clause No. 24 agreed to.

                          Clauses No. 25 and No. 26 agreed to.

                          Clause No. 27 read.

_____________________

 

And it being twelve of the clock:

THURSDAY 22 JUNE 2006

_____________________

 

                 The Hon. D. W. Ridgway moved on page 78, line 6, to leave out “30” and insert “20”.

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

                          Clause No. 27 agreed to.

                          Clauses No. 28 to No. 32 agreed to.

                          Clause No. 33 read.

                 The Hon. D. W. Ridgway moved on page 86, lines 7 and 8, and line 13, to leave out “or by an associate of the person”.

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

                          Clause No. 33 agreed to.

                          Clauses No. 34 to No. 36 agreed to.

                          Clause No. 37 read.

                 The Hon. D. W. Ridgway moved on page 95, line 1, to leave out “, and any associate of the person,”.

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

                          Clause No. 37 agreed to.

                          Clauses No. 38 to No. 63 agreed to.

Clause No. 64 read.

 

 

                 The Hon. D. W. Ridgway moved on page 104, line 24, to leave out “$750” and insert “$400”.

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

                          Clause No. 64 agreed to.

                          Clauses No. 65 to No. 67 agreed to.

                          Clause No. 68 read.

                 The Hon. D. W. Ridgway moved on page 105, line 28, to leave out “; or” and insert “; and”.

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

                 The Hon. D. W. Ridgway moved on page 105, after line 30, to insert:

                          “Maximum Penalty: $1 250”.

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

                          Clause No. 68 agreed to.

                          Clause No. 69 read.

                 The Hon. D. W. Ridgway moved on page 106, line 19, to leave out “; or” and insert “; and”.

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

                 The Hon. D. W. Ridgway moved on page 106, after line 21, to insert:

                          “Maximum Penalty: $1 250”.

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

                 The Hon. D. W. Ridgway moved on page 106, after line 21, to insert:

74AC—Abusive language or wrongful obstruction or use of force by police officers

A police officer who—

(a)        addresses offensive language to any other person; or

(b)        without lawful authority, hinders or obstructs or uses or threatens to use force in relation to any other person,

is guilty of an offence.

Maximum penalty: $1 250.”.

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

                          Title agreed to.

_____________________

 

                 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 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.

 

 

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 Messages from the House of Assembly were received and read:

Message No. 23

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981, to which it desires the concurrence of the Legislative Council.

House of Assembly, 20 June 2006.                                                                  J. J. SNELLING, Speaker.

                 Bill read a first time.

                 The Minister for Emergency Services 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.

 

Messages from
House of Assembly:
Anangu Pitjantjatjara
Yunkunytjatjara
Land Rights
(Regulated
Substances)
Amendment Bill.

 

 

Message No. 24

                 MR. PRESIDENT - The House of Assembly has agreed to the amendments made by the Legislative Council in the Natural Resources Management (Transfer of Water Licences) Amendment Bill, without any amendment.

House of Assembly, 21 June 2006.                                                                   J. J. SNELLING, Speaker.

 

Natural Resources
Management
(Transfer of
Water Licences)
Amendment Bill.

 

Message No. 25

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to provide for the protection of the River Torrens Linear Park as a world-class asset to be preserved as an urban park for the benefit of present and future generations; to repeal the River Torrens Acquisition Act 1970; and for other purposes, without any amendment.

House of Assembly, 21 June 2006.                                                                  J. J. SNELLING, Speaker.

 

River Torrens
Linear Park Bill.

 

Message No. 26

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to provide for water efficiency labelling and standards as part of a cooperative scheme between the Commonwealth and the States and Territories; and for other purposes, with the amendment indicated by the annexed Schedule, to which amendment the House of Assembly desires the concurrence of the Legislative Council.

House of Assembly, 21 June 2006.                                                                  J. J. SNELLING, Speaker.

Schedule of the amendment of the House of Assembly

        New clause, page 25, lines 3 to 9 -

        Insert:

                 65  Credits to WELS Account

(1)     Amounts equal to money received by the State -

(a)     in respect of fines, expiation fees or undertakings given under section 42; or

(b)     under Division 2,

         must be paid to the Commonwealth for crediting to the WELS Account.

 (2)    The Consolidated Account is appropriated to the necessary extent to enable amounts to be paid to the Commonwealth in accordance with subsection (1).

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

                 Ordered - That the Message be taken into consideration forthwith.

                 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

 

                          Resolved - That the amendment be agreed to.

_____________________

 

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

 

Water Efficiency
and Labelling
Standards Bill.

32.

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

 

Next Day
of Sitting.

 

33.

Council adjourned at twenty minutes past twelve o’clock midnight until today 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. N. Xenophon

The Hon. C. Zollo