SOUTH AUSTRALIA]

No. 46

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

THURSDAY  22  FEBRUARY  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 Minister for Police (The Hon. P. Holloway), without notice, moved - That the Standing Orders be so far suspended as to enable Petitions, the Tabling of Papers and Question Time to be taken into consideration at fifteen minutes past two o’clock.

                 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.

   3.

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

 

Postponement
of Business.

   4.

Ordered - That Orders of the Day (Government Business) No. 2 to No. 7 be postponed and taken into consideration after Order of the Day (Government Business) No. 9.

 

Postponement
of Business.

   5.

The Minister for Police, according to order, moved - That the Statues Amendment (Affordable Housing) Bill be now read a second time.

                 On motion of the Hon. R. I. Lucas, the debate was adjourned until next day of sitting.

 

Statutes Amendment
(Affordable
Housing) Bill.

 

   6.

The Minister for Police, according to order, moved - That the State Lotteries (Miscellaneous) Amendment Bill be now read a second time.

                 On motion of the Hon. R. I. Lucas, the debate was adjourned until next day of sitting.

 

State Lotteries
(Miscellaneous)
Amendment Bill.

 

   7.

Ordered - That Orders of the Day (Government Business) No. 2 to No. 5 be postponed and taken into consideration after Order of the Day (Government Business) No. 6.

 

Postponement
of Business.

   8.

On the Order of the Day being read for the adjourned debate on the question - That the Local Government (Stormwater Management) 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.

 

Local Government
(Stormwater
Management)
Amendment Bill.

 

   9.

Ordered - That Orders of the Day (Government Business) No. 2 to No. 5 be postponed and taken into consideration after Order of the Day (Government Business) No. 7.

 

Postponement
of Business.

10.

On the Order of the Day being read for the adjourned debate on the question - That the Criminal Law (Forensic Procedures) Bill be now read a second time:

                 Debate resumed.

                 And the Minister for Police having obtained leave to conclude his remarks, the debate was adjourned and ordered to be resumed on motion.

 

Criminal Law
(Forensic
Procedures) Bill.

 

11.

At three minutes to one o’clock the sitting was suspended until the ringing of the bells.

                 At fifteen minutes past two o’clock the sitting was resumed.

 

Suspension and
Resumption of
Sitting.

 

12.

The Clerk announced that the following Petition had been lodged for presentation:

         By the Hon. S. M. Kanck from 112 residents of South Australia, concerning plans to drain Lake Bonney and build a weir at Wellington.  The Petitioners pray that this Honourable House will do all in its power to support measures to obtain water for urban and agricultural purposes that do not disrupt the natural operations of the River Murray system.

Petitions:
No. 21 - Plans to
Drain Lake Bonney
and Build a Weir at
Wellington.

 

 

         By the Hon. M. C. Parnell from 174 residents of South Australia, concerning Peterborough’s Built Railway Heritage.  The Petitioners pray that this Honourable House will consider and support their request that the current State Heritage listing of railway buildings of significance in Peterborough be revised and amended to include all the remaining built railway heritage in this town.

 

No. 22 -
Peterborough’s
Built Railway
Heritage.

  13.

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

         By the President -

                   Report, 2004-2005 - District Council of Robe.

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

                   Gene Technology Act 2001 - Statutory Review, January 2007.

                   Natural Resources Management Boards: Levy Proposals - Response by the Minister for Environment and Conservation to the Natural Resources Committee Report.

 

Papers.

14.

The Minister for Police, by leave, tabled a copy of a Ministerial Statement made by the Minister for Transport (The Hon. P. F. Conlon, M.P.) concerning Extensions to the AusLink National Network in South Australia.

 

Ministerial
Statement Tabled.

15.

Ordered - That the adjourned debate on the question - That the Criminal Law (Forensic Procedures) 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

 

                          Clauses No. 1 and No. 2 agreed to.

                          Clause No. 3 amended and agreed to.

                          Clauses No. 4 and No. 5 agreed to.

                          Clause No. 6 amended and agreed to.

                          Clause No. 7 read.

                 The Hon. N. Xenophon moved on page 8, line 9, to leave out “senior police officer” and insert “magistrate”.

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

                          Clause No. 7 otherwise amended and agreed to.

                          Clauses No. 8 and No. 9 agreed to.

                          Clause No. 10 amended and agreed to.

                          Clause No. 11 amended and agreed to.

                 The Hon. N. Xenophon moved on page 9, after line 19, to insert new clause as follows:

11A—Provision of information

          If forensic material is obtained from a person by carrying out a volunteers and victims procedure, the person who carries out the procedure must give the relevant person a written statement, in a form approved by the Attorney-General, explaining the right to request destruction of the material under section 38.”.

                 Question - That new clause No. 11A, as proposed to be inserted by the Hon. N. Xenophon, be so inserted - put.

Criminal Law
(Forensic
Procedures) Bill.

 

 

             Committee divided:

Ayes, 11

The Hon. A. M. Bressington

The Hon. J.S.L. Dawkins

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. T. J. Stephens

The Hon. S. G. Wade

The Hon. N. Xenophon (Teller)

 

Noes, 8

The Hon. A. L. Evans

The Hon. B. V. Finnigan

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. D.G.E. Hood

The Hon. R. P. Wortley

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

        So it was resolved in the affirmative.

                 New clause No. 11A inserted.

                 Clause No. 12 read.

                 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.

 

 

16.

Ordered - That Orders of the Day (Government Business) No. 2 to No. 5 be postponed and taken into consideration after Order of the Day (Government Business) No. 9.

 

Postponement
of Business.

17.

Ordered - That the adjourned debate on the question - That the Local Government (Stormwater Management) Amendment 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

 

                          Clauses No. 1 to No. 3 agreed to.

                          Clause No. 4 read.

                 The Hon. S. M. Kanck moved on page 4, lines 22 to 29, to leave out subclause (2) and insert new subclause as follows:

     “(2)      The objects of this Schedule are as follows:

                 (a)     to ensure the proper operation of the Stormwater Management Agreement—

(i)      by the creation of the Stormwater Management Authority referred to in the Agreement; and

(ii)     by putting in place administrative and funding arrangements, and conferring powers, necessary for the proper discharge of State and local government responsibilities relating to stormwater management as stated in the Agreement;

                 (b)    to ensure that environmental objectives and issues of sustainability are given due consideration in the discharge of State and local government responsibilities relating to stormwater management as stated in the Agreement.”.

                 Question - That the amendment be agreed to - put.

Local Government
(Stormwater
Management)
Amendment Bill.

 

 

             Committee divided:

Ayes, 11

The Hon. A. M. Bressington

The Hon. J.S.L. Dawkins

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. T. J. Stephens

The Hon. S. G. Wade

The Hon. N. Xenophon

The Hon. S. M. Kanck (Teller)

So it was resolved in the affirmative.

 

Noes, 7

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. R. P. Wortley

The Hon. P. Holloway (Teller)

 

 

                          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.

 

 

18.

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

 

Postponement
of Business.

19.

The Minister for Police moved - That the Council, at its rising, do adjourn until Wednesday, 14 March 2007, at fifteen minutes past two o’clock.

                 The Hon. R. I. Lucas moved to amend the motion by leaving out the words “Wednesday, 14 March 2007” and inserting “Tuesday, 13 March 2007”.

                 Question - That the words proposed to be struck out, stand - put.

Next Day of Sitting.

 

             Committee divided:

Ayes, 6

The Hon. B. V. Finnigan

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. I. K. Hunter

The Hon. R. P. Wortley

The Hon. P. Holloway (Teller)

 

 

Noes, 13

The Hon. A. M. Bressington

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. D.G.E. Hood

The Hon. S. M. Kanck

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. M. C. Parnell

The Hon. D. W. Ridgway

The Hon. T. J. Stephens

The Hon. S. G. Wade

The Hon. N. Xenophon

The Hon. R. I. Lucas (Teller)

 

 

        So it passed in the negative.

                 Question - That the words proposed to be inserted, be so inserted - put and passed.

                 Question - That the motion, as amended, be agreed to - put and passed.

 

 

  20.

The following Messages from the House of Assembly were received and read:

Message No. 75

                 MR. PRESIDENT - The House of Assembly has agreed to the amendments made by the Legislative Council in the Fisheries Management Bill, without any amendment.

House of Assembly, 21 February 2007.                                                           J. J. SNELLING, Speaker.

 

Messages from
House of Assembly:
Fisheries
Management Bill.

 

 

Message No. 76

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Natural Resources Management Act 2004, without any amendment.

House of Assembly, 21 February 2007.                                                           J. J. SNELLING, Speaker.

 

Natural Resources
Management
(Extension of
Terms of Office)
Amendment Bill.

21.

Council adjourned at twenty minutes to six o’clock until Tuesday, 13 March 2007, at fifteen minutes past two o’clock.

 

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