SOUTH AUSTRALIA]

No. 37

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY  23  MARCH  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.

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

Message No. 6.

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

                 No. 1 of 2004 - An Act to establish a statutory corporation, Zero Waste SA, with the function of reforming waste management in the State; to amend the Environment Protection Act 1993; and for other purposes.

                 No. 2 of 2004 - An Act to amend the Criminal Law Consolidation Act 1935 and the Summary Offences Act 1953.

                 No. 3 of 2004 - An Act to amend the Liquor Licensing Act 1997.

                 No. 4 of 2004 - An Act to amend the Summary Offences Act 1953.

Government House, Adelaide.           MARJORIE JACKSON-NELSON, Governor.

23 March 2004.

 

Message from
Governor:
Assent to Bills.

 

   3.

The President made the following Statement:

                 “I rise to draw attention of this Council that this day, 23 March 2004, represents the Fiftieth Anniversary of the occasion of Opening of the Second Session of the Thirty-Fourth Parliament by Her Majesty The Queen.

                 I understand that this occasion was considered of major significance at the time by the people of South Australia.  I have arranged a small exhibition of photographs and documents which may be of interest to Members.  Standing Orders were amended to provide for the Opening by our Sovereign, as well as to provide for the position of Usher of the Black Rod who is the escort in the Upper House of the Sovereign or the Sovereign’s representative.  Apparently Members had to vacate certain offices to enable the Royal administration to assist with the organisation.  Special carpet was commissioned for the front steps and the Table was removed to enable a dais to be placed in position below the Chair in which Her Majesty was seated.

                 Her Majesty noted on the occasion, in her Opening Speech, that ‘It is now 97 years since your citizens first enjoyed the benefits and privileges of responsible Government.  During that time, you and your predecessors have faithfully maintained the traditions, the spirit and the practices which you inherited from the Mother of Parliaments at Westminster’. 

President’s Statement re
50th Anniversary
of Opening of
Parliament by
Her Majesty
The Queen.

 

 

                 I am happy to be able to now report to the Legislative Council that those traditions have been faithfully maintained for the last 50 years.  We continue to enjoy the security and prosperity of a system which has delivered to South Australia a stable Government in a peaceful and law abiding community.

 

 

 

                 To mark the importance of the occasion I would like the Council to join with me in adopting a draft Address to Her Majesty to be forwarded through Her Excellency The Governor and which I will now read -

                          ‘To The Queen’s Most Excellent Majesty:

                          May it Please Your Majesty:

                                               We, the Members of the Legislative Council, desire to convey to Your Majesty our allegiance on the occasion of the Fiftieth Anniversary of the Visit by Your Majesty and His Royal Highness The Prince Philip, Duke of Edinburgh, to South Australia and of the Opening of the Parliament of South Australia by Your Most Gracious Majesty.

                                               Your Majesty’s Visit was an occasion for great rejoicing and is fondly remembered by the people of South Australia to this day.

                                               We take this opportunity of reaffirming our loyalty and devotion to the Throne and Person of Your Majesty.’

                 Would Honourable Members care to join with me in moving that the Address as read by me be presented to Her Excellency The Governor, praying Her Excellency to transmit the Address to Her Most Gracious Majesty The Queen.”

                 The Minister for Industry, Trade and Regional Development moved - That the Address, as read by the President, be presented to Her Excellency The Governor, praying Her Excellency to transmit the Address to Her Most Gracious Majesty The Queen.

                 And being supported by the Hon. R. I. Lucas, the Hon. S. M. Kanck, and the Hon. A. L. Evans:

                 Question put and passed.

 

Address to
Her Majesty:
Adoption of.

 

   4.

The Minister for Industry, Trade and Regional Development, by leave, moved - That the Legislative Council expresses its deep regret at the death of the Hon. Roy Kitto Abbott, former Minister of the Crown and Member of the House of Assembly 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, the Hon. S. M. Kanck, the Hon. I. Gilfillan and the President:

                 Motion carried in silence, Members standing in their places.

 

Death of
Hon. R. K. Abbott.

 

   5.

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

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

 

Suspension and
Resumption of
Sitting.

 

    6.

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

        By the Minister for Industry, Trade and Regional Development

        (The Hon. P. Holloway) -

                 Jam Factory Contemporary Craft and Design Inc. - Report, 2002-2003.

                 Regulation under the following Act -

                          Police Act 1998 - Medical Assistance for Prisoners.

                 Rule of Court -

                          Supreme Court -

                                   Supreme Court Act 1935 - E-filing.

        By the Minister for Aboriginal Affairs and Reconciliation

        (The Hon. T. G. Roberts) -

                 Reports -

                         Abortions Notified in South Australia for the year 2002 - Addendum.

                         Department of Human Services, Family and Youth Services Workload Analysis Project.

                 Regulation under the following Act -

                          Wine Grape Industry Act 1991 - Production Area.

                 Rule under Act -

                          Authorised Betting Operations Act 2000 - 24 Hour Sportsbetting Licence.

 

Papers.

 

   7.

The Minister for Industry, Trade and Regional Development tabled a copy of a Ministerial Statement made by the then Minister for Education and Children’s Services (The Hon. P. L. White, M.P.) concerning School Card.

 

Ministerial
Statement Tabled.

 

   8.

The Minister for Industry, Trade and Regional Development tabled a copy of a Ministerial Statement made by the Minister for Transport (The Hon. P. L. White, M.P.) concerning the City West Connector.

 

Ministerial
Statement Tabled.

 

   9.

The Minister for Aboriginal Affairs and Reconciliation tabled a copy of a Ministerial Statement made by the Minister for Families and Communities (The Hon. J. Weatherill, M.P.) concerning a Report relating to the Workload of Family and Youth Services Staff.

 

Ministerial
Statement Tabled.

 

10.

The Minister for Industry, Trade and Regional Development tabled a copy of a Ministerial Statement made by the Minister for Transport concerning the New Public Transport Hub for Mawson Lakes.

 

Ministerial
Statement Tabled.

 

11.

The Hon. G. E. Gago brought up the Report of the Environment, Resources and Development Committee on Wind Farms.

 

Environment,
Resources and
Development
Committee -
Report on Wind Farms.

 

12.

The Minister for Aboriginal Affairs and Reconciliation, according to order, moved - That the Consent to Medical Treatment and Palliative Care (Prescribed Forms) Amendment Bill be now read a second time.

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

 

Consent to Medical
Treatment and
Palliative Care
(Prescribed Forms)
Amendment Bill.

 

 

13.

Ordered - That Orders of the Day (Government Business) No. 2 to No. 5 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

14.

Ordered - That Orders of the Day (Government Business) No. 6 to No. 10 be postponed and taken into consideration after Order of the Day (Government Business) No. 11.

 

Postponement
of Business.

 

15.

On the Order of the Day being read for the adjourned debate on the question - That the Genetically Modified Crops Management 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.

 

Genetically Modified
Crops Management
Bill.

 

16.

Ordered - That Orders of the Day (Government Business) No. 6 to No. 8 be postponed and taken into consideration after Order of the Day (Government Business) No. 9.

 

Postponement
of Business.

 

17.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Problem Gambling Family Protection Orders Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 3 agreed to.

                          Clause No. 4 amended and agreed to.

                          Clauses No. 5 to No. 17 agreed to.

                          New clause No. 18 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 Aboriginal Affairs and Reconciliation, 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.

 

Problem Gambling
Family Protection
Orders Bill.

 

18.

On the Order of the Day being read for the adjourned debate on the question - That the Meat Hygiene (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.

 

Meat Hygiene
(Miscellaneous)
Amendment Bill.

 

19.

Ordered - That Orders of the Day (Government Business) No. 7 and No. 8 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

20.

On the Order of the Day being read for the adjourned debate on the question - That the Motor Vehicles (Suspension of Licences of Medically Unfit Drivers) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until next day of sitting.

 

Motor Vehicles
(Suspension of
Licences of
Medically Unfit
Drivers)
Amendment Bill.

 

21.

Ordered - That Order of the Day (Government Business) No. 12 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

 

22.

The Minister for Aboriginal Affairs and Reconciliation, according to order, moved - That this Council, pursuant to section 16(1) of the Aboriginal Lands Trust Act 1966, recommends that Allotment 21 in the plan deposited in the Lands Titles Registration Office, No. DP 58704 (being a portion of the land comprised in Crown Record Volume 5407 Folio 615), be transferred to the Aboriginal Lands Trust (subject to an easement to the South Australian Water Corporation marked A in the deposited plan and to an easement to ETSA Transmission Corporation marked B in the deposited plan).

                 Debate ensued.

                 On motion of the Hon. S. M. Kanck, the debate was adjourned until next day of sitting.

 

Transfer of
Certain Land to
Aboriginal Lands
Trust -
Motion re.

 

23.

The Minister for Aboriginal Affairs and Reconciliation, according to order, moved - That the Dog and Cat Management (Miscellaneous) Amendment Bill be now read a second time.

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

 

Dog and Cat
Management
(Miscellaneous)
Amendment Bill.

 

 

24.

Ordered - That Order of the Day (Government Business) No. 15 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

 

25.

Council adjourned at fifteen minutes to six 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. 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