SOUTH AUSTRALIA]

No. 18

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

THURSDAY  22  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 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 postponed and taken into consideration on motion.

 

Postponement
of Business.

   4.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (New Rules of Civil Procedure) 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

 

                          Clauses No. 1 to No. 260 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.

 

Statutes
Amendment
(New Rules of
Civil Procedure)
Bill.

   5.

On the Order of the Day being read for the adjourned debate on the question - That the Environment, Resources and Development Court (Jurisdiction) Amendment 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

 

                          Clauses No. 1 to No. 5 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.

 

Environment,
Resources and
Development Court
(Jurisdiction)
Amendment Bill.

 

   6.

On the Order of the Day being read for the adjourned debate on the question - That the Superannuation (Administered Schemes) Amendment 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

 

                          Clauses No. 1 to No. 6 agreed to.

                          Clause No. 7 read.

                 The Hon. S. M. Kanck moved on page 4, line 20, after “circumstances” to insert “(but only insofar as the Board determines it to be fair and reasonable in the circumstances)”.

                 Question - That the amendment be agreed to - put.

Superannuation
(Administered
Schemes)
Amendment Bill.

 

             Committee divided:

Ayes, 13

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. D.G.E. Hood

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. N. Xenophon

The Hon. S. M. Kanck (Teller)

      So it was resolved in the affirmative.

 

Noes, 6

The Hon. B. V. Finnigan

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. I. K. Hunter

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

 

                          Clause No. 7, as amended, agreed to.

                          Clauses No. 8 to No. 10 agreed to.

                          Schedule 1 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 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.

 

 

   7.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (Disposal of Human Remains) 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

 

                          Clauses No. 1 to No. 9 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.

 

Statutes
Amendment
(Disposal of
Human Remains)
Bill.

   8.

Ordered - That Order of the Day (Government Business) No. 6 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

   9.

Ordered - That the adjourned debate on the question - That the Groundwater (Border Agreement) (Amending Agreement) Amendment Bill be now read a second time - be now resumed.

                 Debate resumed.

                 On motion of the Hon. I. K. Hunter, the debate was adjourned until next day of sitting.

 

Groundwater
(Border Agreement)
(Amending
Agreement)
Amendment Bill.

10.

At nineteen minutes past twelve 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.

11.

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

By the Hon. N. Xenophon from 2,956 residents of South Australia concerning land tax.  The Petitioners pray that this Honourable House will call on the Government to introduce legislation to -

1.      Substantially raise the threshold at which land tax is payable to reflect the recent increases in property values.

2.      Increase the time allowed for land tax payment and allow payment by instalments.

3.      Change the rate at which land tax is levied to reduce the effect of “bracket creep”.

4.      Review the effects of land tax on self funded retirees.

Petitions:
No. 3 - Land Tax.

 

 

         By the Hon. S. M. Kanck from 313 residents of South Australia, and by the Hon M. C. Parnell from 61 residents of South Australia, concerning aquaculture development north of West Waldegrave Island.  The Petitioners pray that this Honourable House will urgently move to protect Australian sea lions, Southern Right Whales and Humpback Whales by preventing extensive abalone aquaculture development north of West Waldegrave Island in Anxious Bay and protect this unique and pristine area which forms part of the Waldegrave Island Conservation Park at Elliston in South Australia.

Nos. 4 and 5 -
Acquaculture
Development North
of
West Waldegrave
Island.

 

         By the Hon. S. M. Kanck from 8 residents of South Australia, concerning the South Australian Taxi Subsidy Scheme.  The Petitioners pray that this Honourable House will call on the Premier to ensure unlimited vouchers for members who are unable to use public transport and that the $30 fare limit for subsidised service be increased.

No. 6 - South
Australian Taxi
Subsidy Scheme.

 

                 By the Hon. S. M. Kanck from 59 residents of South Australia, concerning European Wasps.  The Petitioners pray that this Honourable House will urge the Government of South Australia to ensure the European Wasp Eradication Subsidy will continue in the 2005-2006 Budget year.

No. 7 - European
Wasps.

 

                 By the Hon. S. M. Kanck from 54 residents of South Australia, concerning the Reconciliation Process in South Australia.  The Petitioners pray that this Honourable House will make an official apology to the Ngarrindjeri people which will then mark the beginning of a new process of healing and reconciliation for all South Australians.

No. 8 -
Reconciliation
Process in South
Australia.

 

                 By the Hon. S. M. Kanck from 46 residents of South Australia, concerning abortion in South Australia.  The Petitioners pray that this Honourable House will do all in its power to ensure that abortions in South Australia continue to be safe, affordable, accessible and legal.

No. 9 - Abortion in
South Australia.

 

             By the Hon. C. V. Schaefer from 315 residents of South Australia, concerning the Venus Bay Garfish Fishery.  The Petitioners pray that this Honourable House will give its early attention to this historic fishery, towards over-turning the closure to enable the said fishery to be commercially fished again to allow its particular garfish seafood product to again be distributed throughout regional Eyre Peninsula and other intrastate and interstate markets.  In parallel, the undersigned humbly seek consideration for a SARDI scientific representative to be made available at the previous Venus Bay Garfish Fishery site, to be assisted by the remaining licence holders, to complete a study of this particular fishery considered unique to other garfish fisheries in South Australia and being significantly important to the tourism and hospitality industry in the region.

 

No. 10 - Venus Bay
Garfish Fishery.

12.

Answer to Question on Notice No. 236 received this day was tabled by the President who directed that it be distributed and printed in Hansard.

 

Answer to
Question on
Notice.

  13.

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

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

                 Eyre Peninsula Bushfire and Native Vegetation - Government of South Australia’s Response to the Fifty-Fifth Report of the Environment, Resources and Development Committee - January 2006.

                 Murray Darling Basin Agreement 1992 - Schedule E - Transferring Water Entitlements and Allowances, Part 1 - Preliminary.

                 Murray Darling Basin Agreement 1992 - Schedule H - Application of Agreement to Australian Capital Territory.

 

Papers.

14.

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 Board Chairman for the Motor Accident Commission.

 

Ministerial
Statement Tabled.

15.

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. P. Wortley 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.

16.

On the Order of the Day being read for the adjourned debate on the question - That the Commission of Inquiry (Children in State Care) (Privileges and Immunities) Amendment 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

 

                          Clauses No. 1 and No. 2 agreed to.

                          Clause No. 3 amended and agreed to.

                          Title agreed to.

_____________________

 

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

 

                 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.

 

 

17.

Ordered - That Order of the Day (Government Business) No. 8 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

  18.

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

Message No. 27

                 MR. PRESIDENT - The House of Assembly has agreed to the amendment made by the Legislative Council in the Statutes Amendment (Road Transport Compliance and Enforcement) Bill, without amendment.

House of Assembly, 22 June 2006.                                                                   J. J. SNELLING, Speaker.

 

Messages from
House of Assembly:
Statutes Amendment
(Road Transport
Compliance and
Enforcement) Bill.

 

 

Message No. 28

                 MR. PRESIDENT - The House of Assembly has agreed to the amendment made by the Legislative Council in the Superannuation (Administered Schemes) Amendment Bill, without amendment.

House of Assembly, 22 June 2006.                                                                   J. J. SNELLING, Speaker.

 

Superannuation
(Administered
Schemes)
Amendment Bill.

19.

The Minister for Police moved - That the Council at its rising, do adjourn until Tuesday, 29 August 2006, at fifteen minutes past two o’clock.

                 Question put and passed.

 

Next Day
of Sitting.

20.

At fifteen minutes to five o’clock the sitting was suspended until the ringing of the bells.

                 At twenty-nine minutes to six o’clock the sitting was resumed.

 

Suspension and
Resumption of
Stting.

  21.

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

Message No. 29

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Development Act 1993 and to make related amendments to the Criminal Law Consolidation Act 1935 and the Ombudsman Act 1972, 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, 22 June 2006.                                                                   J. J. SNELLING, Speaker.

Schedule of the amendment made by the House of Assembly

Clause 10, page 13, line 18 - After “panel” insert:

         “(but a council is not responsible for any liability arising from anything done by a member of a panel that is not within the ambit of subsection (10)”.

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.

 

Messages from
House of Assembly:
Development (Panels) Amendment Bill.

 

 

Message No. 30

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Criminal Law Consolidation Act 1935, 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, 22 June 2006.                                                                     J. J. SNELLING, Speaker.

Schedule of the amendment made by the House of Assembly

Clause 5, page 3, line 23 - Delete “entice” and substitute “cause”.

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

 

                          The Minister for Police moved - That the amendment be agreed to.

                          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.

 

Criminal Law
Consolidation
(Dangerous Driving)
Amendment Bill.

22.

The Minister for Police, without notice, moved - That the Standing Orders be so far suspended as to enable the President to receive the following Messages and Bills from the House of Assembly when the Council is not sitting:  the Statutes Amendment (New Rules of Civil Procedure) Bill; the Commission of Inquiry (Children in State Care) (Privileges and Immunities) Amendment Bill; and the Tobacco Products Regulation (Prohibited Tobacco Products) Amendment Bill.

                 Debate ensued.

                 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 -
President to receive
Messages and Bills
when Council
not Sitting.

23.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of Message No. 30 of the House of Assembly relating to the Criminal Law Consolidation (Dangerous Driving) Amendment 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.

 

Criminal Law
Consolidation
(Dangerous Driving)
Amendment Bill.

24.

Council adjourned at nine minutes to six o’clock until Tuesday, 29 August 2006, 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