SOUTH AUSTRALIA]

No. 63

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

THURSDAY  22  JULY  2004

 

 

 

   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, Trade and Regional Development (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 Orders of the Day (Government Business) No. 1 to No. 3 be Orders of the Day for Monday, 16 August 2004.

 

Postponement
of Business.

 

   4.

Ordered - That Order of the Day (Government Business) No. 4 be postponed and taken into consideration on motion.

 

Postponement
of Business.

 

   5.

Ordered - That Order of the Day (Government Business) No. 5 be an Order of the Day for Monday, 16 August 2004.

 

Postponement
of Business.

 

   6.

Ordered - That Orders of the Day (Government Business) No. 6 to No. 13 be postponed and taken into consideration after Order of the Day (Government Business) No. 14.

 

Postponement
of Business.

 

   7.

On the Order of the Day being read for the adjourned debate on the question - That the Chicken Meat Industry (Arbitration) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. C. Zollo, the debate was adjourned and ordered to be resumed on motion.

 

Chicken Meat
Industry
(Arbitration)
Amendment Bill.

 

 

   8.

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

 

Postponement
of Business.

 

   9.

On the Order of the Day being read for the adjourned debate on the question - That the Trans-Tasman Mutual Recognition (South Australia) (Removal of Sunset Clause) 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. 3 agreed to.

                          Title agreed to.

_____________________

 

Trans-Tasman
Mutual Recognition
(
South Australia)
(Removal of
Sunset Clause)
Amendment Bill.

 

 

                 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 Industry, Trade and Regional Development, 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.

 

 

 

10.

Ordered - That the adjourned debate on the question - That the Chicken Meat Industry (Arbitration) 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. 8 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 Aboriginal Affairs and Reconciliation (The Hon. T. G. Roberts), 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.

 

Chicken Meat
Industry
(Arbitration)
Amendment Bill.

 

 

  11.

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

 

Postponement
of Business.

 

  12.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Professional Standards Bill.

 

In the Committee

 

                          Clause No. 15 further considered.

                 The Hon. R. D. Lawson moved on page 7, line 28, after “commences” to insert “as follows” and on page 7, lines 29 to 31, to leave out paragraphs (a) and (b) and insert new paragraphs as follows:

     “(a)      if no notice of motion to disallow the scheme is given in either House of Parliament within 14 sitting days after the scheme was laid before the House, the scheme will commence at the expiration of that period (or if the period is different for each House, on the expiration of the later of those periods);

      (b)      if notice of a motion to disallow the scheme is given in either or both Houses during that period, the scheme will commence when the motion is negatived (or if notice is given in both Houses, when the motion is last negatived),

(unless the scheme itself fixes a later day for its commencement).”.

                 Question - that the amendments be agreed to - put.

Professional
Standards Bill.

 

 

             Committee divided:

Ayes, 14

The Hon. T. G. Cameron

The Hon. J.S.L. Dawkins

The Hon. I. Gilfillan

The Hon. S. M. Kanck

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. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. T. J. Stephens

The Hon. N. Xenophon

The Hon. R. D. Lawson (Teller)

      So it was resolved in the affirmative.

 

Noes, 7

The Hon. A. L. Evans

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. T. G. Roberts

The Hon. R. K. Sneath

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

 

                          Clause No. 15, as amended, agreed to.

                          Schedule 1 agreed to.

                          Schedule 2 agreed to.

                          Schedule 3 agreed to.

                          Title agreed to.

____________________

 

                 The President resumed the Chair, and reported that the Committee had further considered the Bill and had agreed to the same with amendments; whereupon the Council adopted such report.

                 Ordered - That the third reading be an Order of the Day for Monday, 16 August 2004.

 

 

 

  13.

Ordered - That Order of the Day (Government Business) No. 6 be an Order of the Day for Monday, 16 August 2004.

 

Postponement
of Business.

 

  14.

Ordered - That Order of the Day (Government Business) No. 7 be postponed and taken into consideration on motion.

 

Postponement
of Business.

 

  15.

Ordered - That Order of the Day (Government Business) No. 8 be an Order of the Day for Monday, 16 August 2004.

 

Postponement
of Business.

 

  16.

Ordered - That Orders of the Day (Government Business) No. 9 and No. 11 be postponed and taken into consideration after Order of the Day (Government Business) No. 13.

 

Postponement
of Business.

 

  17.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Commission of Inquiry (Children in State Care) Bill.

 

In the Committee

 

                          Clauses No. 1 and No. 2 agreed to.

                          Clause No. 3 read.

                 The Hon. R. D. Lawson moved on page 2, after line 16, to insert the following:

                          “parliamentary selection committee means a committee consisting of—

(a)     the President of the Legislative Council; and

(b)     the Speaker of the House of Assembly; and

(c)     the Premier; and

(d)     the Leader of the Opposition; and

(e)     a member of the Legislative Council chosen by the Legislative Council who is neither a member of the Government nor a member of the Opposition;”.

                 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.

 

Commission of
Inquiry (Children in
State Care) Bill.

 

  18.

At 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.

 

  19.

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

                 By the Hon. C. Zollo from 19 residents of South Australia concerning voluntary euthanasia.  The Petitioners pray that this Honourable House will -

·     reject the so called Dignity in Dying (Voluntary Euthanasia) Bill;

·     move to ensure that all medical staff in all hospitals receive proper training in palliative care; and

·     move to ensure adequate funding for palliative care for terminally ill patients.

 

Petition - No. 6 -
Voluntary
Euthanasia.

 

 

  20.

Answer to Question on Notice No. 267 received this day was tabled by the President who directed that it be distributed and printed in Hansard.

 

Answers to
Questions on
Notice.

 

  21.

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

        By the President -

                 Reports, 2002-2003 -

                          District Councils -

                                   Coorong.

                                   Orroroo Carrieton.

        By the Minister for Industry, Trade and Regional Development

        (The Hon. P. Holloway) -

                 National Wine Centre of Australia - Report for the period ended 21 August 2003.

                 Environment, Resources and Development Committee Report - The Development of Wind Farms in SA - The South Australian Government Response.

        By the Minister for Aboriginal Affairs and Reconciliation

        (The Hon. T. G. Roberts) -

                 Reports, 2002-2003 -

                          South East Catchment Water Management Board.

                          University of South Australia.

                          University of South Australia - Financial Statements.

 

Papers.

 

22.

The Minister for Aboriginal Affairs and Reconciliation tabled a copy of a Ministerial Statement made by the Minister for State/Local Government Relations (The Hon. R. J. McEwen, M.P.) concerning a Local Government Elections Review.

 

Ministerial
Statement Tabled.

 

23.

The Minister for Industry, Trade and Regional Development tabled a copy of a Ministerial Statement made by the Premier (The Hon. M. D. Rann, M.P.) concerning the Parole Refused for Watson and Ellis.

 

Ministerial
Statement Tabled.

 

24.

The Minister for Aboriginal Affairs and Reconciliation, without notice, moved - That the Standing Orders be so far suspended as to enable Question Time to be extended to enable the Hon. A. L. Evans to complete his question to the Minister 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.

 

  25.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Commission of Inquiry (Children in State Care) Bill.

 

In the Committee

 

                          Clause No. 3 which the Hon. R. D. Lawson had moved to amend on page 2, after line 16, by inserting the following:

                          “parliamentary selection committee means a committee consisting of—

(a)     the President of the Legislative Council; and

(b)     the Speaker of the House of Assembly; and

(c)     the Premier; and

(d)     the Leader of the Opposition; and

(e)     a member of the Legislative Council chosen by the Legislative Council who is neither a member of the Government nor a member of the Opposition;”

- further considered.

                 Question - That the amendment be agreed to - put.

Commission of
Inquiry (Children
in State Care) Bill.

 

 

             Committee divided:

Ayes, 11

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. T. J. Stephens

The Hon. N. Xenophon

The Hon. R. D. Lawson (Teller)

      So it was resolved in the affirmative.

 

Noes, 10

The Hon. T. G. Cameron

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. K. J. Reynolds

The Hon. T. G. Roberts

The Hon. R. K. Sneath

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

 

                 The Hon. R. D. Lawson moved on page 2, after line 18, to insert:

                          “State includes a Territory.”.

                 Question - That the amendment be agreed to - put.

 

 

 

             Committee divided:

Ayes, 11

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. T. J. Stephens

The Hon. N. Xenophon

The Hon. R. D. Lawson (Teller)

      So it was resolved in the affirmative.

 

Noes, 10

The Hon. T. G. Cameron

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. K. J. Reynolds

The Hon. T. G. Roberts

The Hon. R. K. Sneath

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

 

                          Clause No. 3, as amended, agreed to.

                          New clause No. 3A inserted.

                          Clause No. 4 amended and agreed to.

                          Clauses No. 5 to No. 7 agreed to.

                          Clause No. 8 amended and agreed to.

                          Clauses No. 9 and No. 10 agreed to.

                          Clause No. 11 amended and agreed to.

                          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 motion.

 

 

26.

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

Message No. 108

                 MR. PRESIDENT - The House of Assembly informs the Legislative Council that it has passed the resolution transmitted herewith, and desires the concurrence of the Legislative Council thereto.

Resolution referred to:

That this House notes the Speaker’s statement of 19 July 2004 and supports those remarks that any listing of the Parliament House precinct and buildings by the Australian Heritage Council on the National Heritage Register is conditional upon the Federal Government and its agencies acknowledging and accepting the sovereignty and privileges held for the people of this State by the Members of the South Australian Parliament from time to time who exercise, on behalf of the people, the responsibilities arising from that sovereignty and those privileges from time to time.

House of Assembly, 22 July 2004.                                                       I. P. LEWIS, Speaker.

        Ordered - That the Message be taken into consideration forthwith.

                 The Minister for Industry, Trade and Regional Development moved - That the Resolution be agreed to.

                 Debate ensued.

                 Question put and passed.

 

Message from
House of Assembly:
Listing of Parliament
House on National
Heritage Register -
Resolution from
House of Assembly re.

 

27.

Ordered - That Order of the Day (Government Business) No. 9 be postponed and taken into consideration after Order of the Day (Government Business) No. 11.

 

Postponement
of Business.

  28.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Statutes Amendment (Electricity and Gas) Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 4 agreed to.

                          Clause No. 5 amended and agreed to.

                          Clause No. 6 agreed to.

                          New clause No. 6A inserted.

                          Clauses No. 7 and No. 8 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 amendments; whereupon the Council adopted such report.

                 The Minister for Industry, Trade and Regional Development, 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.

                 The Minister for Industry, Trade and Regional Development then moved - That this Bill be now read a third time.

                 Debate ensued.

                 Question put and passed.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

Statutes Amendment
(Electricity and Gas)
Bill.

29.

Ordered - That the adjourned debate on motion of the Minister for Aboriginal Affairs and Reconciliation - That, for the purposes of section 14 of the Botanic Gardens and State Herbarium Act 1978, this Council resolves that the Board of the Botanic Gardens and State Herbarium may dispose of any interest in, and be divested of any control of, any of the following land:  Certificate of Title Register Book Volume 5862, Folio 262 (formerly Volume 4175, Folio 187); Certificate of Title Register Book Volume 5133, Folio 747 (formerly Volume 4175, Folio 188) - be now resumed.

                 Debate resumed.

                 The Hon. D. W. Ridgway moved - That the debate be now adjourned.

                 Question put.

Botanic Gardens
and State
Herbarium Act -
Disposal of
Interest in Land -
Motion re.

 

             Council divided:

Ayes, 10

The Hon. J.S.L. Dawkins

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. T. J. Stephens

The Hon. N. Xenophon

The Hon. D. W. Ridgway (Teller)

 

      So it passed in the negative.

 

Noes, 11

The Hon. T. G. Cameron

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. K. J. Reynolds

The Hon. R. K. Sneath

The Hon. C. Zollo

The Hon. T. G. Roberts (Teller)

 

 

 

                 Debate resumed.

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

 

 

30.

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

                 At twenty-five minutes to eight o’clock the sitting was resumed.

 

Suspension and
Resumption of
Sitting.

31.

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

Message No. 109

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Stamp Duties Act 1923, to which it desires the concurrence of the Legislative Council.

House of Assembly, 22 July 2004.                                                       I. P. LEWIS, Speaker.

                 Bill read a first time.

                 The Minister for Industry, Trade and Regional Development then moved - That this Bill be now read a second time.

                 On motion of the Hon. R. I. Lucas, the debate was adjourned until Monday, 16 August 2004.

 

Message from
House of Assembly:
Stamp Duties
(Miscellaneous)
Amendment Bill.

 

  32.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Appropriation Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 8 agreed to.

                          Schedule 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 Industry, Trade and Regional Development, 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.

                 The Minister for Industry, Trade and Regional Development then moved - That this Bill be now read a third time.

                 Debate ensued.

                 Question put and passed.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

Appropriation Bill.

33.

Ordered - That the adjourned debate on the question - That the Statutes Amendment and Repeal (Aggravated Offences) Bill be now read a second time - be now resumed.

                 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 Monday, 16 August 2004.

 

Statutes Amendment
and Repeal
(Aggravated
Offences) Bill.

  34.

The Minister for Industry, Trade and Regional Development moved - That the Council, at its rising, do adjourn until Monday, 16 August 2004.

                 Debate ensued.

                 Question put and passed.

 

Next Day
of Sitting.

35.

The Minister for Aboriginal Affairs and Reconciliation tabled a copy of a Ministerial Statement made by the Minister for Environment and Conservation (The Hon. J. D. Hill, M.P.) concerning Freeholding on Perpetual Leases.

 

Ministerial
Statement Tabled.

  36.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Commission of Inquiry (Children in State Care) Bill.

 

In the Committee

 

                          Clause No. 12 further considered and agreed to.

                          Clauses No. 13 to No. 15 agreed to.

                          Schedule read.

                 The Hon. K. J. Reynolds moved on page 8, lines 3 to 8, to leave out subclauses (1) and (2) and insert new subclauses as follow:

                          “(1)  The terms of reference are to inquire into—

(a)     any allegation of sexual abuse of a person who, at the time that the alleged sexual abuse occurred, was a child in State care; or

(b)    any allegation as to any other unlawful conduct against a person who, at the time that the alleged conduct occurred, was a child in State care,

(whether or not any such allegation was previously made or reported).

                          (2)    The purpose of the inquiry is—

(a)     to report on whether there was a failure on the part of the State to deal appropriately or adequately with matters that gave rise to the allegations referred to in subclause (1); and

(b)    with respect to the matters referred to in paragraph (a), to report on whether there was a breach of any duty or statutory requirement; and

(c)     to report on any measures that should be implemented in view of any findings made in relation to a matter within the ambit of paragraph (a) or (b) (after taking into account any measures being implemented through existing programs or initiatives).”

                 The Hon. R. D. Lawson moved on page 8, lines 3 to 8, to leave out subclauses (1) and (2) and insert new subclauses as follow:

                          “(1)  The terms of reference are to inquire into any allegations of—

                       (a)    sexual abuse of a person who, at the time that the alleged abuse occurred, was a child in State care; or

                       (b)    criminal conduct which resulted in the death of a person who, at the time that the alleged conduct occurred, was a child in State care,

                      (whether or not any such allegation was previously made or reported).

                          (2)    The purposes of the inquiry are—

                        (a)    to examine the allegations referred to in subclause (1); and

                        (b)    to report on whether there was a failure on the part of the State to deal appropriately or adequately with matters that gave rise to the allegations referred to in subclause (1); and

                        (c)    to determine and report on whether appropriate and adequate records were kept in relation to allegations of the kind referred to in subclause (1) and, if relevant, on whether any records relating to such allegations have been destroyed or otherwise disposed of; and

                        (d)    to report on any measures that should be implemented to provide assistance and support for the victims of sexual abuse (to the extent that these matters are not being addressed through existing programs or initiatives).”.

                 Question - That subclauses (1) and (2), proposed to be struck out by the Hon. K. J. Reynolds and the Hon. R. D. Lawson, stand as printed - put and negatived.

                 Question - That new subclauses (1) and (2), as proposed to be inserted by the Hon. K. J. Reynolds, be so inserted - put.

Commission of
Inquiry (Children
in State Care) Bill.

 

             Committee divided:

Ayes, 6

The Hon. A. L. Evans

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. J. F. Stefani

The Hon. N. Xenophon

The Hon. K. J. Reynolds (Teller)

 

 

 

 

 

 

      So it passed in the negative.

 

Noes, 12

The Hon. J.S.L. Dawkins

The Hon. G. E. Gago

The Hon. J. M. Gazzola

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. T. J. Stephens

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

 

                 Question - That new subclauses (1) and (2), as proposed to be inserted by the Hon. R. D. Lawson, be so inserted - put and passed.

                          Schedule 1, as amended and otherwise amended, 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 amendments.

                 Ordered - That the Bill be recommitted in respect of clauses No. 8 and No. 11.

                 The President then left the Chair, and the Council resolved itself into a Committee of the Whole for the reconsideration of clauses No. 8 and No. 11.

 

In the Committee

 

                          Clause No. 8 reconsidered, further amended and agreed to.

                          Clause No. 11 reconsidered, further amended and agreed to.

____________________

 

                 The President resumed the Chair, and reported that the Committee had reconsidered the Bill and had agreed to the same with further amendments; whereupon the Council adopted such reports.

                 The Minister for Industry, Trade and Regional Development, 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.

                 The Minister for Industry, Trade and Regional Development then moved - That this Bill be now read a third time.

                 Debate ensued.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

 

37.

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

Message No. 110

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Tobacco Products Regulation Act 1997, to which it desires the concurrence of the Legislative Council.

House of Assembly, 22 July 2004.                                                       I. P. LEWIS, Speaker.

                 Bill read a first time.

                 The Minister for Aboriginal Affairs and Reconciliation then moved - That this Bill be now read a second time.

                 On motion of the Hon. R. D. Lawson, the debate was adjourned until Monday, 16 August 2004.

Messages from
House of Assembly:
Tobacco Products
Regulation 
(Further Restrictions)
Bill.

 

 

Message No. 111

                 MR. PRESIDENT - The House of Assembly has agreed to the amendments made by the Legislative Council in the Statutes Amendment (Electricity and Gas) Bill without amendment.

House of Assembly, 22 July 2004.                                                       I. P. LEWIS, Speaker.

 

Statutes Amendment
(Electricity and Gas)
Bill.

 

38.

Ordered - That Order of the Day (Private Business) No. 1 be an Order of the Day for Wednesday, 18 August 2004.

 

Postponement
of Business.

39.

At eighteen minutes past ten o’clock the sitting was suspended until the ringing of the bells.

                 At seven minutes to eleven o’clock the sitting was resumed.

 

Suspension and
Resumption of
Sitting.

40.

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

Message No. 112

                 MR. PRESIDENT - The House of Assembly has agreed to Amendments Nos. 8 to 14 made by the Legislative Council in the Commission of Inquiry (Children in State Care) Bill without amendment and has disagreed to Amendments Nos. 1 to 7 as indicated in the annexed Schedule.  The House of Assembly returns the Bill herewith and desires its reconsideration.

House of Assembly, 22 July 2004.                                                       I. P. LEWIS, Speaker.

 

Message from
House of Assembly:
Commission of
Inquiry (Children in
State Care) Bill.

 

 

Schedule of the amendments made by the Legislative Council

to which the House of Assembly has disagreed

Amendment No 1—

Clause 3, page 2, after line 16—

Insert:

parliamentary selection committee means a committee consisting of—

                   (a)      the President of the Legislative Council; and

                   (b)     the Speaker of the House of Assembly; and

                   (c)      the Premier; and

                   (d)     the Leader of the Opposition; and

                   (e)      a member of the Legislative Council chosen by the Legislative Council who is neither a member of the Government nor a member of the Opposition;

Amendment No 2—

Clause 3, page 2, after line 18—

Insert:

State includes a Territory.

Amendment No 3—

New clause, page 2, after line 18—

Insert:

3A—Proceedings of parliamentary selection committee

                   (1)      The President of the Legislative Council will preside at meetings of the parliamentary selection committee.

                   (2)      A decision carried by a majority of votes cast by members of the parliamentary selection committee at a meeting of the committee is a decision of the committee.

                   (3)      Each member present at a meeting of the parliamentary selection committee has 1 vote on a question arising for decision.

Amendment No 4—

Clause 4, page 3, line 4—

After "the Governor" insert:

on the recommendation of the parliamentary selection committee

Amendment No 5—

Clause 4, page 3, after line 4—

Insert:

(2a)    The person appointed under subsection (2) must be—

                          (a)     a Judge or former Judge of the Federal Court of Australia or of the Family Court of Australia, other than a person who resides in this State; or

                          (b)    a Judge or former Judge of the Supreme Court of a State, other than this State; or

                          (c)     a Judge or former Judge of an interstate court that corresponds to the District Court of South Australia.

Amendment No 6—

Clause 4, page 3, lines 7 to 18—

Leave out subclauses (4) and (5)


Amendment No 7—

Clause 8, page 4, line 35—

After "with the Commissioner" insert:

and with the approval of the parliamentary selection committee

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 Message.

 

In the Committee

 

                          Resolved - That the amendments be not insisted on.

____________________

 

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

 

 

41.

Council adjourned at twenty minutes past eleven o’clock until Monday, 16 August 2004 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. C. V. Schaefer

The Hon. R. K. Sneath

The Hon.  J. F. Stefani

The Hon. T. J. Stephens

The Hon. C. Zollo

The Hon. N. Xenophon