SOUTH AUSTRALIA]

No. 73

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  21  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 (Aggravated Offences) Bill.

                 Question put and passed.

 

Statutes Amendment
(Aggravated
Offences) Bill.

 

   3.

The Hon. J. M. Gazzola brought up the Twenty-Sixth Report, 2004-2005 of the Legislative Review Committee.

Legislative
Review
Committee -
Twenty-Sixth Report,
2004-2005.

 

 

   4.

The Hon. J. M. Gazzola brought up the Twenty-Seventh Report, 2004-2005 of the Legislative Review Committee, which was read by the Clerk as follows -

                 The Regulations listed hereunder 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
Regulations, the Committee may decide to take no further action.

                 Regulations referred to -

Controlled Substances Act 1984 - Poisons.

Coroners Act 2003 - Reportable Death.

 

Legislative
Review
Committee -
Twenty-Seventh
Report,
2004-2005.

 

 

    5.

The Hon. R. K. Sneath, by leave, without notice, moved - That the Members of this Council appointed to the Natural Resources Committee have permission to meet during the sitting of the Council this day.

                 Question put and passed.

 

Natural Resources
Committee -
Members to meet
during sitting of
the Council -
Motion re.

 

 

   6.

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 DNA Profiling.

 

Ministerial
Statement Tabled.

 

   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 Notice of Motion (Private Business) No. 1 be an Order of the Day for Wednesday, 19 October 2005.

 

Postponement
of Business.

 

    9.

Ordered - That Orders of the Day (Private Business) No. 1 to No. 8 be Orders of the Day for Wednesday, 19 October 2005.

 

Postponement
of Business.

 

10.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. I. Gilfillan - That this Council respectfully requests the South Australia Government, on behalf of the people of Eyre Peninsula, to make a substantial ex gratia payment to Kevin Warren of Eyreial Ag Services, to offset the expenses incurred providing his three crop duster aircraft to act as water bombers to fight the January bushfires on Lower Eyre Peninsula:

                 Debate resumed.

                 On motion of the Hon. G. E. Gago, the debate was adjourned until Wednesday, 19 October 2005.

 

Ex Gratia Payment to
Kevin Warren of
Eyreial Ag Services -
Motion re.

 

  11.

Ordered - separately - That Orders of the Day (Private Business) No. 10 to No. 12 be Orders of the Day for Wednesday, 19 October 2005.

 

Postponement
of Business.

 

12.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. G. E. Gago - That the Report of the Social Development Committee on the Statutes Amendment (Relationships) Bill, be noted:

                 Debate resumed.

                 Question put and passed.

 

Report of the Social
Development
Committee on the
Statutes Amendment
(Relationships)
Amendment Bill
be noted -
Motion re.

 

 

  13.

Ordered - That Orders of the Day (Private Business) No. 14 to No. 29 be Orders of the Day for Wednesday, 19 October 2005.

 

Postponement
of Business.

 

  14.

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

 

Postponement
of Business.

 

  15.

Ordered - That Orders of the Day (Private Business) No. 31 to No. 41 be Orders of the Day for Wednesday, 19 October 2005.

 

Postponement
of Business.

 

16.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 4 be postponed and taken into consideration after Order of the Day (Government Business) No. 5.

 

Postponement
of Business.

 

17.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Broken Hill Proprietary Company’s Steel Works Indenture (Environmental Authorisation) Amendment Bill.

 

In the Committee

 

                                   Clause No. 1 read.

                          The Hon. S. M. Kanck moved - That the Chairperson report progress and ask leave to sit again.

                          Question put and negatived.

                          And fifteen minutes having elapsed:

                          The Hon. K. J. Reynolds moved - That the Chairperson report progress and ask leave to sit again.

                          Question put.

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

 

 

             Committee divided:

Ayes, 13

The Hon. T. G. Cameron

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. I. Gilfillan

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. K. J. Reynolds

The Hon. D. W. Ridgway

The Hon. J. F. Stefani

The Hon. T. J. Stephens

The Hon. N. Xenophon

The Hon. S. M. Kanck (Teller)

      So it was resolved in the affirmative.

 

Noes, 4

The Hon. J. M. Gazzola

The Hon. T. G. Roberts

The Hon. R. K. Sneath

The Hon. P. Holloway (Teller)

 

 

 

 

_____________________

 

                 The President resumed the Chair and reported progress and obtained for the Committee leave to sit again on next day of sitting.

 

 

 

  18.

Ordered - That Order of the day (Government Business) No. 1 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

 

19.

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

                          Debate resumed.

Workplace
Privacy Bill.

 

 

                 The Hon. R. K. Sneath moved to amend the motion by leaving out all words after “That” and inserting “the Bill be withdrawn and referred to the Occupational Safety, Rehabilitation and Compensation Committee for its report and recommendations.”.

                 Question - That the words proposed to be struck out by the Hon. R. K. Sneath stand part of the question - put and passed.

                 Question - That this Bill be now read a second time - put and passed.

                 Bill read a second time.

                 Ordered - That the Bill’s consideration in Committee be an Order of the Day for Wednesday, 19 October 2005.

 

Reasoned
Amendment.

 

20.

The Minister for Industry and Trade, by leave, tabled a copy of a Ministerial Statement made by the Minister for Health (The Hon. L. Stevens, M.P.) concerning a Missing Person from the Glenside Campus.

 

Ministerial
Statement Tabled.

 

  21.

Ordered - That Orders of the Day (Government Business) No. 2 and No. 3 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

  22.

Ordered - That Orders of the Day (Government Business) No. 4 and No. 6 to No. 11 be postponed and taken into consideration after Orders of the Day (Government Business) No. 12.

 

Postponement
of Business.

 

  23.

On the Order of the Day being read for the adjourned debate on the question - That the Criminal Law Consolidation (Instruments of Crime) Amendment Bill be now read a second time.

                 Debate resumed.

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

 

Criminal Law
Consolidation
(Instruments of
Crime)
Amendment Bill.

 

  24.

Ordered - That Orders of the Day (Government Business) No. 4 and No. 6 to No. 9 be postponed and taken into consideration after Orders of the Day (Government Business) No. 10.

 

Postponement
of Business.

 

  25.

On the Order of the Day being read for the adjourned debate on the question - That the Justices of the Peace Bill be now read a second time.

                 Debate resumed.

                 On motion of the Hon. J.S.L. Dawkins, the debate was adjourned until next day of sitting.

 

Justices of the
Peace Bill.

 

  26.

On the Order of the Day being read for the adjourned debate on the question - That the Children’s Protection (Keeping Them Safe) Amendment Bill be now read a second time:

                 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.

 

Children’s
Protection
(Keeping them Safe)
Amendment Bill.

 

  27.

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

 

Postponement
of Business.

 

28.

The Minister for Industry and Trade, by leave, tabled a letter from the Hon. S. M. Kanck to the Hon. C. Zollo, dated 15 February 2005, together with a letter from the Hon. S. M. Kanck to the Hon. R. K. Sneath, dated 4 April 2005.

 

Documents Tabled

 

29.

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

Message No. 116

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith entitled an Act to amend the Victims of Crime Act 2001, to which it desires the concurrence of the Legislative Council.

House of Assembly, 20 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. T. J. Stephens, the debate was adjourned until next day of sitting.

 

Message from
House of Assembly:
Victims of Crime (Legal Costs and Disbursements) Amendment Bill.

 

 

 

 

30.

Council adjourned at twenty-nine minutes past six 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. R. K. Sneath

The Hon. J. F. Stefani

The Hon. T. J. Stephens

The Hon. N. Xenophon

The Hon. C. Zollo