SOUTH AUSTRALIA]

No. 26

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  21  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 Hon. C. Zollo brought up the Ninth Report, 2002-2003 of the Legislative Review Committee, which was read by the Clerk as follows -

                 The Regulation and By-law listed hereunder are at present being considered by the Legislative Review Committee.  Evidence is being taken on these matters and it is necessary for a Notice 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
Regulation and By-law, the Committee may decide to take no further action.

                 Regulation referred to -

Fisheries Act 1982 - Fishing Activities.

By-law referred to -

City of Onkaparinga - No. 6 - Foreshore.

 

Legislative
Review
Committee -
Ninth Report,
2002-2003.

   3.

The Hon. C. Zollo brought up the Tenth Report, 2002-2003 of the Legislative Review Committee.

 

 

Legislative
Review
Committee -
Tenth Report,
2002-2003.

 

   4.

The Hon. C. Zollo brought up the Minutes of Evidence of the Legislative Review Committee on Regulations under the Fisheries Act 1982 concerning Giant Crab Quota System and Individual Giant Crab Quota System.

 

Legislative
Review
Committee -
Minutes of
Evidence -
Fisheries Act  -
Regulations -
Giant Crab Quota
System and
Individual Giant
Crab Quota System.

 

   5.

The Minister for Agriculture, Food and Fisheries, without notice, moved - That the Standing Orders be so far suspended as to enable Question Time to be extended to enable the Hon. A. J. Redford to complete a question to the Minister and for him 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.

   6.

The President called on Members to make Statements on Matters of Interest.

 

Statements
on Matters
of Interest.

 

   7.

The Hon. J. M. Gazzola, pursuant to notice, moved - That the Report of the Environment, Resources and Development Committee concerning Hills Face Zone, be noted.

                 On motion of the Hon. D. V. Laidlaw, the debate was adjourned until Wednesday next.

Environment,
Resources and
Development
Committee -
Report on Hills
Face Zone
to be noted -
Motion re.

 

   8.

The Hon. J. M. Gazzola, pursuant to notice, moved - That the Environment Resources and Development Committee be requested to investigate and report on urban development in South Australia having regard to -

                  I.     Global and regional development trends;

                 II.     The changing role of cities;

III.The cost and benefit to the State;

IV.Performance of and strategies for, developing and promoting current projects; and

V.       Any other relevant matter.

                 Debate ensued.

                 On motion of the Hon. C. Zollo, the debate was adjourned until Wednesday next.

 

Urban Development
in South Australia -
Environment,
Resources and
Development  Committee to
investigate and
report upon -
Motion re.

   9.

The Hon. J. M. Gazzola, pursuant to notice, moved - That the Annual Report, 2001-2002 of the Environment, Resources and Development Committee, be noted.

                 Debate ensued.

                 On motion of the Hon. C. Zollo, the debate adjourned until Wednesday next.

Environment,
Resources and
Development
Committee -
Annual Report,
2001-2002
to be noted -
Motion re.

 

10.

Ordered - That Notice of Motion (Private Business) No. 4 be postponed and taken into consideration after Order of the Day (Private Business) No. 31.

 

Postponement
of Business.

11.

Ordered - That Notice of Motion (Private Business) No. 5 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

12.

Ordered - separately - That Orders of the Day (Private Business) No. 1 to No. 3 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

13.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. N. Xenophon - That this Council requests that the Legislative Review Committee inquire into and report on the operation of section 69A of the Evidence Act 1929, and, in particular, the effect of the publication of names of accused persons on them and their families who are subsequently not convicted or not found guilty of any criminal or other offence:

                 Debate resumed.

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

 

Operation of
section 69A of the
Evidence Act 1929 -
Legislative Review
Committee to
inquire into -
Motion re.

14.

Ordered - separately - That Orders of the Day (Private Business) No. 5 and No. 6 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

15.

The Hon. C. V. Schaefer, pursuant to notice, moved - That the Regulations under the Fisheries Act 1982 concerning Fishing Activities, made on 20 June 2002 and laid on the Table of the Council on 9 July 2002, be disallowed.

                 On motion of the Minister for Agriculture, Food and Fisheries, the debate was adjourned until Wednesday next.

 

Fisheries Act -
Regulations -
Fishing Activities -
Motion for
disallowance of.

16.

Ordered - separately - That Orders of the Day (Private Business) No. 8 to No. 21 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

17.

Ordered - That Order of the Day (Private Business) No. 22 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

18.

Ordered - That Orders of the Day (Private Business) No. 23 to No. 25 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

19.

Ordered - That Order of the Day (Private Business) No. 26 be postponed and taken into consideration on motion.

 

Postponement
of Business.

20.

Ordered - That Orders of the Day (Private Business) No. 27 to No. 29 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

21.

Ordered - That Order of the Day (Private Business) No. 30 be postponed and taken into consideration on motion.

 

Postponement
of Business.

22.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. T. G. Cameron -

            I.      That a Select Committee of the Legislative Council be appointed to investigate and report upon the current use of speed cameras in South Australia including -

(a)     their effectiveness as a deterrent to speeding and road injury;

(b)    strategies for deciding their placement;

(c)     differences in their use between city and country roads;

(d)    the relationship between fines collected, main arterial roads and crash “blackspots”;

(e)     drivers’ perception, beliefs and attitude towards speed cameras;

(f)     placement and effectiveness of speed camera warning signs;

(g)    the feasibility of putting all money raised by speed cameras into road safety initiatives;

(h)    initiatives taken by other governments;

(i)      the appropriateness of setting up a “Speed Camera Advisory Committee”; and

(j)      any other matter on speed cameras which is deemed relevant.

          II.      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 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:

                 Debate resumed.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday next.

 

Speed Cameras in
South Australia -
Motion for Select
Committee on.

23.

The Hon. R. D. Lawson, pursuant to notice, moved -

            I.      That a Select Committee of the Legislative Council be appointed to investigate and report upon -

(a)     The operation of the Pitjantjatjara Land Rights Act 1981;

(b)       Opportunities for, and impediments to, enhancement of the cultural life and the economic and social development of the traditional owners of the lands; and

(c)       The past activities of the Pitjantjatjara Council in relation to the lands.

          II.      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 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.      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:

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

 

Operations of the
Pitjantjatjara Land
Rights Act 1981 -

Motion for
Select  Committee on.

24.

Ordered - That Orders of the Day (Government Business) No. 1 and No. 2 be postponed and taken into consideration after Order of the Day (Government Business) No. 3.

 

Postponement
of Business.

25.

On the Order of the Day being read for the adjourned debate on the question - That the Essential Services Commission 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.

 

Essential Services
Commission
Bill.

26.

Ordered - That Orders of the Day (Government Business) No. 1 and No. 2 and No. 4 to No. 8 be postponed and taken into consideration after Order of the Day (Government Business) No. 9.

 

Postponement
of Business.

27.

On the Order of the Day being read for the adjourned debate on the question - That the Air Transport (Route Licensing - Passenger Services) 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.

 

Air Transport
(Route Licensing -
Passenger
Services) Bill.

28.

At two 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.

29.

Ordered - That the adjourned debate on the question - That the Air Transport (Route Licensing - Passenger Services) 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.

 

Air Transport
(Route Licensing -
Passenger Services)
Bill.

30.

Ordered - That Order of the Day (Government Business) No. 1 be postponed and taken into consideration after Order of the Day (Government Business) No. 2.

 

Postponement
of Business.

  31.

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

 

Appropriation Bill.

32.

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. C. Zollo, the debate was adjourned until next day of sitting.

 

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

33.

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

 

Postponement
of Business.

34.

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

 

Next Day
of Sitting.

35.

Council adjourned at twenty-nine minutes to eleven o’clock until tomorrow at eleven o’clock a.m.

 

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. D. V. Laidlaw

The Hon. R. D. Lawson

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