SOUTH AUSTRALIA]

No. 32

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

MONDAY  23  FEBRUARY  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 Agriculture, Food and Fisheries, by leave, moved - That the Legislative Council expresses its deep regret at the death of the Hon. Alfred Francis Kneebone, former Minister of the Crown and Member of the Legislative Council, and places on record its appreciation of his distinguished public service and that, as a mark of respect to his memory, the sitting of the Council be suspended until the ringing of the bells.

                 And being supported by the Hon. R. I. Lucas and the Hon. S. M. Kanck:

                 Motion carried in silence, Members standing in their places.

 

Death of Hon.
A. F. Kneebone.

 

   3.

At thirty minutes past two o’clock the sitting was suspended until the ringing of the bells.

                 At eighteen minutes to three o’clock the sitting was resumed.

 

Suspension and
Resumption of
Sitting.

 

   4.

The Minister for Agriculture, Food and Fisheries tabled a copy of a Ministerial Statement made by the Premier (The Hon. M. D. Rann, M.P.) concerning the Australian Crime Commission and Mercury 04.

 

Ministerial
Statement Tabled.

 

    5.

The following Paper was laid upon the Table, viz.:

        By the Minister for Aboriginal Affairs and Reconciliation

        (The Hon. T. G. Roberts) -

                 National Environment Protection Council - Report, 2002-2003.

 

Paper.

 

   6.

The Minister for Aboriginal Affairs and Reconciliation tabled a copy of a Ministerial Statement made by the Minister for Health (The Hon. L. Stevens, M.P.) concerning Funding for Surgery and Surgery Lists at the South Coast District Hospital.

 

Ministerial
Statement Tabled.

 

   7.

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 Prescription of the Eastern Mount Lofty Ranges.

 

Ministerial
Statement Tabled.

 

   8.

Ordered - That the Orders of the Day (Government Business) No. 1 to No. 4 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

   9.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Statues Amendment (Intervention Programs and Sentencing Procedures) Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 3 agreed to.

                          Clause No. 4 amended and agreed to.

                          Clause No. 5 agreed to.

                          Clause No. 6 amended and agreed to.

                          Clauses No. 7 to No. 14 agreed to.

                 The Hon. R. D. Lawson moved on page 12, after line 7, to insert new schedule as follows:

                                 “Schedule 1—Review of intervention program services

                                   1—Review of services included on intervention programs

(1)     The Minister must, as soon as practicable following the 12 month anniversary of the commencement of this Act, appoint an independent person to carry out an investigation and review concerning the value and effectiveness of all services included on intervention programs (within the meaning of the Bail Act 1985 and the Criminal Law (Sentencing) Act 1988) in the 12 month period following the commencement of this Act.

(2)     The person appointed by the Minister under subclause (1) must present to the Minister a report on the outcome of the investigation and review no later than 6 months following his or her appointment.

(3)     The Minister must, as soon as practicable after receipt of the report under this clause, cause a copy of the report to be laid before both Houses of Parliament.”

                 Question - That the new Schedule, as proposed to be inserted by the Hon. R. D. Lawson, be so inserted - put.

Statutes Amendment
(Intervention
Programs and
Sentencing
Procedures) Bill.

 

 

             Committee divided:

Ayes, 12

The Hon. T. G. Cameron

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, 9

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)

 

 

 

 

                          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 Agriculture, Food and Fisheries, 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.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Statutes Amendment (Computer Offences) 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 Agriculture, Food and Fisheries, 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
(Computer Offences)
Bill.

 

 

11.

Ordered - That the Orders of the Day (Government Business) No. 7 to No. 11 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

12.

On the Order of the Day being read for the adjourned debate on the question - That the Liquor Licensing (Miscellaneous) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. C. Zollo, the debate was adjourned until next day of sitting.

 

Liquor Licensing
(Miscellaneous)
Amendment Bill.

 

13.

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

Message No. 52

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Motor Vehicles Act 1959, to which it desires the concurrence of the Legislative Council.

House of Assembly, 18 February 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. C. V. Schaefer, the debate was adjourned until next day of sitting.

 

Messages from
House of Assembly:
Motor Vehicles
(Suspension of
Licences of
Medically
Unfit Drivers)
Amendment Bill.

 

 

14.

Council adjourned at eleven minutes to five 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. 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