SOUTH AUSTRALIA]

No. 53

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY  22  SEPTEMBER  2009

 

 

 

 

   1.

Council met pursuant to adjournment.  The President (The Hon. R. K. Sneath) took the Chair.

                 The President read prayers.

 

Meeting of
Council.

    2.

A Messenger from the Governor having been announced by Black Rod, the following Message was received and read:

Message No. 16.

                 The Governor informs the Legislative Council that, in the name and on behalf of Her Majesty The Queen, the following Act has been assented to during the present Session, viz.:

                 No. 40 of 2009 - An Act to amend the Criminal Law Consolidation Act 1935 and the Summary Procedure Act 1921.

Government House, Adelaide, 22 September 2009.                                 KEVIN SCARCE, Governor.

 

Message from
Governor:
Assent to Bills.

   3.

The Hon. J. M. Gazzola brought up the Report of the Legislative Review Committee inquiry into the Aquaculture Variation Regulations 2008 and Aquaculture Variation Regulations 2009.

                 Ordered - That the Report be printed.  (Paper No. 252)

 

Legislative Review
Committee - Report
on inquiry into
Aquaculture
Variation
Regulations 2008
and Aquaculture
Variation
Regulations 2009.

    4.

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

        By the Minister for Mineral Resources Development (The Hon. P. Holloway) -

                 Disciplinary Appeals Tribunal - Report, 2008-2009.

                 Rules of Court -

                          Supreme Court - Supreme Court Act 1935 - Civil 2006 - Amendment No. 9.

                 First Aid in the Workplace - Code of Practice, August 2009.

        By the Minister for State/Local Government Relations (The Hon. G. E. Gago) -

                 Leases of Properties held by the Commissioner of Highways, 2008-2009.

                 Regulations under the following Acts -

                          Controlled Substances Act 1984 -

                                   General - Prescribed Quantities.

                                   Poisons - Declaration.

                          Native Vegetation Act 1991 - Dead Plants.

                          Public and Environmental Health Act 1987 - General - Control of Refuse.

                 District Council By-Laws -

                          Alexandrina -

                                   No. 1 - Permits and Penalties.

                                   No. 2 - Local Government Land.

                                   No. 3 - Roads.

                                   No. 4 - Moveable Signs.

                                   No. 5 - Dogs.

                                   No. 6 - Nuisances caused by Building Sites.

                          Whyalla -

                                   No. 8 - Boat Harbours and Facilities.

                                   No. 9 - Foreshore.

                 Death of “Kunmanara” Gibson - Report on actions taken following the Coronial Inquiry, June 2009.

 

Papers.

    5.

The Minister for Mineral Resources Development, during his reply to a Question without Notice, by leave, tabled a map showing Greater Adelaide including the Adelaide Statistical Division.

 

Document tabled.

    6.

The Minister for State/Local Government Relations, by leave, tabled a copy of a Ministerial Statement made by the Minister for Health (The Hon. J. D. Hill, M.P.) concerning H1N1 Vaccinations.

 

Ministerial
Statement Tabled.

    7.

The Minister for Mineral Resources Development, by leave, tabled a copy of a Ministerial Statement made by the Premier (The Hon. M. D. Rann, M.P.) concerning Saving Cooper Creek.

 

Ministerial
Statement Tabled.

   8.

The Hon. T. J. Stephens, by leave, moved - That the Select Committee on Certain Matters Relating to Horse Racing in South Australia have permission to meet during the sitting of the Council this day.

                 Question put and passed.

 

Select Committee
on Certain Matters Relating to
Horse Racing in South Australia -
to meet during
sitting of the
Council.

   9.

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

 

Postponement
of Business.

10.

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

 

Postponement
of Business.

11.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of Message No. 81 from the House of Assembly relating to the Road Traffic (Miscellaneous) Amendment Bill.

 

In the Committee

 

                 The Minister for State/Local Government Relations moved - That the amendment be not insisted on.

                 Question - That the amendment be insisted on - put.

Road Traffic
(Miscellaneous)
Amendment Bill.

 

             Committee divided:

Ayes, 10

The Hon. R. L. Brokenshire

The Hon. J.S.L. Dawkins

The Hon. D.G.E. Hood

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. C. V. Schaefer

The Hon. T. J. Stephens

The Hon. S. G. Wade

The Hon. D. W. Ridgway (Teller)

 

      So it passed in the negative.

 

Noes, 11

The Hon. A. M. Bressington

The Hon. J. A. Darley

The Hon. B. V. Finnigan

The Hon. J. M. Gazzola

The Hon. P. Holloway

The Hon. I. K. Hunter

The Hon. M. C. Parnell

The Hon. D. N. Winderlich

The Hon. R. P. Wortley

The Hon. C. Zollo

The Hon. G. E. Gago (Teller)

 

 

 

                 Amendment not insisted on.

_____________________

 

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

 

 

12.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Electoral (Miscellaneous) Amendment Bill.

 

In the Committee

 

                          Clause No. 8, to which the Minister for Mineral Resources Development had moved on page 6, lines 5 to 11, to leave out subsection (1) and insert the following:

     “(1)      A person may apply for enrolment under this section if the person—

      (a)       is in South Australia and has lived in South Australia for a continuous period of 1 month prior to the date of the application for enrolment; and

      (b)      qualifies for enrolment under section 29(1)(a), (b) and (d) but does not qualify for enrolment under section 29(1)(c) because he or she does not have a fixed place of residence (whether within the State or elsewhere).”,

        further considered.

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

                          Clause No. 8, as amended and otherwise amended, agreed to.

                          Clause No. 9 read.

                 The Hon. D. N. Winderlich moved on page 8, lines 37 to 40, and page 9, lines 1 to 8, to leave out subclauses (1) and (2) and insert the following:

     “(1)      Section 36(1), definition of eligible political party—delete the definition and substitute:

eligible political party means a political party whose membership includes at least 200 electors;

       (2)      Section 36(1), definition of parliamentary party—delete the definition”.

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

                          Clause No. 9, as otherwise amended, agreed to.

                          Clause No. 10 agreed to.

                          Clause No. 11 read.

                 The Hon. M. C. Parnell moved on page 10, line 10, to leave out “6 months” and insert “3 months”.

                 The Hon. D. N. Winderlich moved on page 10, lines 7 to 14, to leave out Clause No. 11 and insert the following:

        11—Substitution of section 40

Section 40—delete the section and substitute:

40—Order in which applications are to be determined

Applications for registration of political parties must be determined in the order in which they are received by the Electoral Commissioner.”.

                 Question - That all words down to but excluding “6 months” stand as printed - put and passed.

                 Question - That the amendment moved by the Hon. M. C. Parnell be agreed to - put and negatived.

                          Clause No. 11 agreed to.

                          Clause No. 12 read.

                 Question - That Clause No. 12 stand as printed - put.

Electoral
(Miscellaneous)
Amendment Bill.

 

             Committee divided:

Ayes, 12

The Hon. A. M. Bressington

The Hon. R. L. Brokenshire

The Hon. J. A. Darley

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. M. C. Parnell

The Hon. R. P. Wortley

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

      So it was resolved in the affirmative.

 

Noes, 9

The Hon. J.S.L. Dawkins

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. T. J. Stephens

The Hon. S. G. Wade

The Hon. D. N. Winderlich

The Hon. R. D. Lawson (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 motion.

 

 

  13.

The Minister for Mineral Resources Development, by leave, tabled a copy of a Ministerial Statement made by the Attorney-General (The Hon. M. J. Atkinson, M.P.) concerning the Criminal Law (Undercover Operations) Act 1995.

 

Ministerial
Statement Tabled.

14.

At one minute past 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.

 

  15.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Local Government (Elections) (Miscellaneous) Amendment Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 3 agreed to.

                          Clause No. 4 read.

                 The Hon. D. N. Winderlich moved on page 3, line 11, to leave out “majority” and insert “16”.

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

                          Clause No. 4 agreed to.

                 The Hon. S. G. Wade moved on page 3, after line 17, to insert new clause No. 4A as follows:

4A—Substitution of section 5

Section 5—delete the section and substitute:

5—Periodic elections

Elections to determine the membership of each council must be held in accordance with this Act at intervals of 3 years on the basis that voting at the elections will close at 5pm on the last business day before the second Saturday of November in 2010, at 5pm on the last business day before the second Saturday of November in 2013, and so on.”.

                 Question - That new clause No. 4A, as proposed to be inserted, be so inserted - put and negatived.

                          New Clause No. 4A, proposed to be inserted by the Hon. A. M. Bressington, inserted.

                          Clause No. 5 agreed to.

                          Clause No. 6 read.

                 The Hon. S. G. Wade moved on page 3, lines 28 and 29, to leave out paragraph (a).

                 Question - That the amendment be agreed to - put.

Local Government
(Elections)
(Miscellaneous)
Amendment Bill.

 

             Committee divided:

Ayes, 11

The Hon. R. L. Brokenshire

The Hon. J.S.L. Dawkins

The Hon. D.G.E. Hood

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. D. N. Winderlich

The Hon. S. G. Wade (Teller)

      So it was resolved in the affirmative.

 

Noes, 8

The Hon. A. M. Bressington

The Hon. B. V. Finnigan

The Hon. J. M. Gazzola

The Hon. P. Holloway

The Hon. I. K. Hunter

The Hon. R. P. Wortley

The Hon. C. Zollo

The Hon. G. E. Gago (Teller)

 

 

 

 

 

 

                          Clause No. 6, as amended, agreed to.

                          Clause No. 7 read.

                 The Hon. S. G. Wade moved on page 4, lines 13 to 15, to leave out “person is enrolled as an elector for the House of Assembly in respect of a place of residence within the area or ward; and” and insert the following:

“person—

       (i)       is enrolled as an elector for the House of Assembly in respect of a place of residence within the area or ward; or

      (ii)       is a ratepayer in respect of rateable property within the area or ward and is the sole owner of that rateable property; or

      (iii)      is a ratepayer in respect of rateable property within the area or ward, is the sole occupier of that rateable property, and is not a resident in respect of that rateable property; and”.

                 Question - That the amendment be agreed to - put.

 

 

             Committee divided:

Ayes, 7

The Hon. J.S.L. Dawkins

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. T. J. Stephens

The Hon. S. G. Wade (Teller)

 

 

 

 

 

      So it passed in the negative.

 

Noes, 12

The Hon. A. M. Bressington

The Hon. R. L. Brokenshire

The Hon. B. V. Finnigan

The Hon. J. M. Gazzola

The Hon. P. Holloway

The Hon. D.G.E. Hood

The Hon. I. K. Hunter

The Hon. M. C. Parnell

The Hon. D. N. Winderlich

The Hon. R. P. Wortley

The Hon. C. Zollo

The Hon. G. E. Gago (Teller)

 

 

                          Clause No. 7, as otherwise amended, agreed to.

                          Clause No. 8 read.

                 The Hon. S. G. Wade moved on page 6, after line 20, to insert the following:

“(14a)     A person is entitled, on payment of the fees fixed by the council, to a copy of the voters roll in printed form.”.

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

                 The Hon. M. C. Parnell moved on page 6, lines 21 to 26, to leave out subsection (15) and insert the following:

    “(15)     At any time between the close of nominations and polling day for an election, a nominated candidate for the election is entitled to obtain from the relevant council—

      (a)       a copy, in printed form, of the voters roll for the area (and he or she may, during that period, obtain further copies, in printed form, of the voters roll from the council on payment of the fees fixed by the council); and

      (b)      a copy, in electronic form, of that part of the voters roll for the area that sets out particulars of enrolled voters who are not resident at a place of residence in the area.”.

                 The Hon. R. L. Brokenshire moved on page 6, line 23, after “printed” to insert “or electronic”

 

 

                 Question - That all the words in subsection (15) down to line 23, stand as printed - put and passed.

                 Question - That the amendment moved by the Hon. R. L. Brokenshire be agreed to - put and negatived.

                          Clause No. 8 agreed to.

                          Clauses No. 9 and No. 10 agreed to.

                          Clause No. 11 read.

                 The Hon. S. G. Wade moved on page 7, lines 17 to 24, to leave out subsection (2).

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

                 The Hon. R. L. Brokenshire moved on page 7, after line 37, to insert the following:

      “(6)      The Minister must, in consultation with the LGA, develop a plan for the provision of funding to the LGA for the purposes of carrying out its functions under this section.”.

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

                          Clause No. 11 agreed to.

                          Clauses No. 12 to No. 19 agreed to.

                          Clause No. 20 read.

                 The Hon. R. L. Brokenshire moved on page 10, line 7, after “understanding” to insert “(other than a prescribed contract)”.

                 Question - That the amendment be agreed to - put.

 

 

             Committee divided:

Ayes, 9

The Hon. J.S.L. Dawkins

The Hon. D.G.E. Hood

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. D. W. Ridgway

The Hon. T. J. Stephens

The Hon. S. G. Wade

The Hon. D. N. Winderlich

The Hon. R. L. Brokenshire (Teller)

      So it was resolved in the affirmative.

 

Noes, 8

The Hon. A. M. Bressington

The Hon. B. V. Finnigan

The Hon. J. M. Gazzola

The Hon. P. Holloway

The Hon. I. K. Hunter

The Hon. M. C. Parnell

The Hon. R. P. Wortley

The Hon. G. E. Gago (Teller)

 

 

 

 

                 The Hon. R. L. Brokenshire moved on page 10, after line 21, to insert the following:

prescribed contract means a contract for provision of goods, services or any other matter that has been included in an annual business plan and budget of the council”.

                 Question - That the amendment be agreed to - put.

 

 

             Committee divided:

Ayes, 9

The Hon. J.S.L. Dawkins

The Hon. D.G.E. Hood

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. D. W. Ridgway

The Hon. T. J. Stephens

The Hon. S. G. Wade

The Hon. D. N. Winderlich

The Hon. R. L. Brokenshire (Teller)

      So it was resolved in the affirmative.

 

Noes, 8

The Hon. A. M. Bressington

The Hon. B. V. Finnigan

The Hon. J. M. Gazzola

The Hon. P. Holloway

The Hon. I. K. Hunter

The Hon. M. C. Parnell

The Hon. R. P. Wortley

The Hon. G. E. Gago (Teller)

 

 

 

 

                          Clause No. 20, as amended, agreed to.

                          New Clause No. 21 inserted.

                          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 with amendments; whereupon the Council adopted such report.

 

 

 

                 The Minister for State/Local Government Relations, 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.

 

 

16.

Ordered - That Orders of the Day (Government Business) No. 5 and No. 6 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

17.

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

Message No. 87

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Criminal Law Consolidation Act 1935, the Criminal Law (Sentencing) Act 1988 and the Young Offenders Act 1993, to which it desires the concurrence of the Legislative Council.

House of Assembly, 10 September 2009.                                                  J. J. SNELLING, Speaker.

                 Bill read a first time.

                 The Minister for Mineral Resources Development then moved - That this Bill be now read a second time.

                 On motion of the Hon. S. G. Wade, the debate was adjourned until next day of sitting.

 

Messages from
House of Assembly:
Statutes Amendment
(Recidivist Young
Offenders and
Youth Parole Board)
Bill.

 

Message No. 88

                 MR. PRESIDENT - The House of Assembly has agreed to the amendment made by the Legislative Council in the Harbors and Navigation (Miscellaneous) Amendment Bill, without amendment.

House of Assembly, 22 September 2009.                                                  J. J. SNELLING, Speaker.

 

Harbors and
Navigation
(Miscellaneous)
Amendment Bill.

 

Message No. 89

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Electricity Act 1996 and the Gas Act 1997, to which it desires the concurrence of the Legislative Council.

House of Assembly, 22 September 2009.                                                  J. J. SNELLING, Speaker.

                 Bill read a first time.

                 The Minister for Mineral Resources Development then moved - That this Bill be now read a second time.

                 On motion of the Hon. S. G. Wade, the debate was adjourned until next day of sitting.

 

Statutes Amendment
(Electricity and
Gas - Information
Management and
Retailer of Last
Resort) Bill.

 

Message No. 90

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the National Gas (South Australia) Act 2008, to which it desires the concurrence of the Legislative Council.

House of Assembly, 22 September 2009.                                                  J. J. SNELLING, Speaker.

                 Bill read a first time.

                 The Minister for Mineral Resources Development then moved - That this Bill be now read a second time.

                 On motion of the Hon. S. G. Wade, the debate was adjourned until next day of sitting.

 

National Gas
(South Australia)
(Short Term
Trading Market)
Amendment Bill.

  18.

On the Order of the Day being read for the adjourned debate on the question - That the Fire and Emergency Services (Review) 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.

 

Fire and Emergency
Services (Review)
Amendment Bill.

19.

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

 

Postponement
of Business.

20.

Council adjourned at five minutes to eleven o’clock until tomorrow at fifteen minutes past two o’clock.

 

Adjournment.

 

_________________________

 

 

 

 

 

Members present during any part of the sitting:

 

 

 

The Hon. A. M. Bressington

The Hon. R. L. Brokenshire

The Hon. J. A. Darley

The Hon. J.S.L. Dawkins

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. 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. D. N. Winderlich

The Hon. R. P. Wortley

The Hon. C. Zollo