SOUTH AUSTRALIA]

No. 15

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

THURSDAY  23  OCTOBER  2003

 

 

 

   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 following Papers were laid upon the Table, viz.:

        By the Minister for Agriculture, Food and Fisheries (The Hon. P. Holloway) -

                 Reports, 2002-2003 -

                          Electricity - Technical Regulator.

                          Code Registrar for the National Third Party Access Code for Natural Gas Pipeline Systems.

                          South Australian Independent Pricing and Access Regulator.

        By the Minister for Aboriginal Affairs and Reconciliation (The Hon. T. G. Roberts) -

                 Reports, 2002-2003 -

                          Adelaide Entertainment Centre.

                          Construction Industry Training Board.

                          South Australian Tourism Commission.

                 Promoting Independence: Disability Action Plans for South Australia -

                          Progress Report on Implementation, September 2001.

                          2nd Progress Report on Implementation, August 2003.

 

Papers.

 

   3.

Ordered - That Notice of Motion (Government Business) No. 1 and Orders of the Day (Government Business) No. 1 to No. 12 be postponed and taken into consideration after Order of the Day (Government Business) No. 13.

 

Postponement
of Business.

 

   4.

On the Order of the Day being read for the adjourned debate on the question - That the Emergency Services Funding (Validation of Levy on Vehicles and Vessels) 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.

                          Schedule agreed to.

                          Title agreed to.

_____________________

 

Emergency Services
Funding
(Validation of Levy
on Vehicles and
Vessels) 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 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.

 

 

 

   5.

The Minister for Aboriginal Affairs and Reconciliation, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Correctional Services Act 1982.

                 Question put and passed.

                 Bill introduced and 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 next day of sitting.

 

Correctional
Services (Parole)
Amendment Bill.

 

   6.

Ordered - That Orders of the Day (Government Business) No. 1 and No. 2 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

   7.

On the Order of the Day being read for the adjourned debate on the question - That the University of Adelaide (Miscellaneous) 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. 11 agreed to.

                          Clause No. 12 amended and agreed to.

                          Clause No. 13 agreed to.

                          Clause No. 14 amended and agreed to.

                          Clauses No. 15 and No. 16 agreed to.

                          Clause No. 17 amended and agreed to.

                          Clause No. 18 amended and agreed to.

                          Clauses No. 19 to No. 23 agreed to.

                          Schedule read.

                 The Minister for Aboriginal Affairs and Reconciliation moved on page 14, lines 12 to 15, to leave out all words in these lines and insert the following:

                 “4     On the commencement of section 14(4) of this Act, a member of the Council holding office under section 12(1)(g) of the principal Act will vacate his or her office, and the Council may, in a manner determined by the Council after consultation with the presiding member of the Students Association of the University, appoint 1 postgraduate student and 1 undergraduate student to the Council.”

                 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.

 

University of
Adelaide
(Miscellaneous)
Amendment Bill.

 

   8.

On the Order of the Day being read for the adjourned debate on the question - That the Survey (Miscellaneous) 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.

 

Survey
(Miscellaneous)
Amendment Bill.

 

 

In the Committee

 

                          Clauses No. 1 to No. 21 agreed to.

                          Clause No. 22 struck out.

                          Clauses No. 23 and No. 24 agreed to.

                          Schedule 1 agreed to.

                          Schedule 2 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 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.

 

 

 

   9.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (Expiation of Offences) 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.

 

Statutes
Amendment
(Expiation of
Offences) Bill.

 

10.

Ordered - That Orders of the Day (Government Business) No. 6 to No. 12 and No. 14 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

11.

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

Message No. 19

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Parliamentary Committees Act 1991, to which it desires the concurrence of the Legislative Council.

House of Assembly, 22 October 2003.                                                I. P. LEWIS, Speaker.

                 Bill read a first time.

                 Ordered - That the second reading being an Order of the Day for Wednesday, 12 November 2003.

 

Messages from
House of Assembly:
Parliamentary
Committees
(Functions of
Economic and
Finance Committee)
Amendment Bill.

 

 

 

Message No. 20

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

House of Assembly, 22 October 2003.                                                I. P. LEWIS, Speaker.

 

Statutes
Amendment
(Anti-Fortification)
Bill.

 

 

 

Message No. 21

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Summary Offences 1953, to which it desires the concurrence of the Legislative Council.

House of Assembly, 22 October 2003.                                                I. P. LEWIS, Speaker.

                 Bill read a first time.

                 Ordered - That the second reading being an Order of the Day for next day of sitting.

 

Summary Offences
(Vehicle
Immobilisation
Devices)
Amendment Bill.

 

 

 

Message No. 22

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Judges’ Pensions Act 1971, the Parliamentary Superannuation Act 1974, the Police Superannuation Act 1990, the Southern State Superannuation Act 1994 and the Superannuation Act 1988, to which it desires the concurrence of the Legislative Council.

House of Assembly, 22 October 2003.                                                I. P. LEWIS, Speaker.

                 Bill read a first time.

                 The Minister for Agriculture, Food and Fisheries 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.

 

Statutes
Amendment
(Division of
Superannuation
Interests under
Family Law Act)
Bill.

 

 

 

Message No. 23

                 MR. PRESIDENT - The House of Assembly informs the Legislative Council that pursuant to section 5 of the Aboriginal Lands Parliamentary Standing Committee Act 2003, the House of Assembly has appointed Ms. Breuer, Mr. Hanna and Dr. McFetridge as Members of the Aboriginal Lands Parliamentary Standing Committee.

House of Assembly, 22 October 2003.                                                I. P. LEWIS, Speaker.

 

Aboriginal Lands
Parliamentary
Standing
Committee.

 

 

12.

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

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

 

Suspension and
Resumption of
Sitting.

 

13.

The Minister for Agriculture, Food and Fisheries, without notice, moved - That the Standing Orders be so far suspended as to enable him to move that the Order made this day for the second reading of the Summary Offences (Vehicle Immobilisation Devices) Amendment Bill to be an Order of the Day for next day of sitting, be rescinded and for the second reading to be taken into consideration forthwith.

                 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.

 

 

                 The Minister for Agriculture, Food and Fisheries then moved - That the Order made this day for the second reading of the Summary Offences (Vehicle Immobilisation Devices) Amendment Bill to be an Order of the Day for next day of sitting, be rescinded and for the second reading to be taken into consideration forthwith.

                 Question put and passed.

 

Rescission
of Order.

 

14.

The Minister for Agriculture, Food and Fisheries, according to order, moved - That the Summary Offences (Vehicle Immobilisation Devices) Amendment Bill be now read a second time.

                 On motion of the Hon. R. D. Lawson, the debate was adjourned until next day of sitting.

 

Summary Offences
(Vehicle
Immobilisation
Devices)
Amendment Bill.

 

15.

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

 

In the Committee

 

                 Schedule, which the Minister for Aboriginal Affairs and Reconciliation had moved to amend on page 14, lines 12 to 15, to leave out all words in these lines and insert the following:

                 “4     On the commencement of section 14(4) of this Act, a member of the Council holding office under section 12(1)(g) of the principal Act will vacate his or her office, and the Council may, in a manner determined by the Council after consultation with the presiding member of the Students Association of the University, appoint 1 postgraduate student and 1 undergraduate student to the Council.”

                 - further considered.

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

                          Schedule, as 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; whereupon the Council adopted such reports.

                 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.

 

University of
Adelaide
(Miscellaneous)
Amendment Bill.

 

16.

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

Message No. 24

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the National Electricity (South Australia) Act 1996, to which it desires the concurrence of the Legislative Council.

House of Assembly, 22 October 2003.                                                I. P. LEWIS, Speaker.

                 Bill read a first time.

                 The Minister for Agriculture, Food and Fisheries then moved - That this Bill be now read a second time.

                 On motion of the Hon. R. I. Lucas, the debate was adjourned until next day of sitting.

 

Message from
House of Assembly:
National Electricity
(
South Australia)
(New Penalty)
Amendment Bill.

 

 

17.

Council adjourned at twenty-two minutes to six o’clock until Monday, 10 November 2003, 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