SOUTH AUSTRALIA]

No. 52

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY  24  MAY  2005

 

 

 

   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. 9.

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

                 No. 15 of 2005 - An Act to amend the Partnership Act 1891; and to make a related amendment to the Business Names Act 1996.

Government House, Adelaide, 24 May 2005.                  MARJORIE JACKSON-NELSON, Governor.

 

Message from
Governor:
Assent to Bills.

 

    3.

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

        By the Minister for Industry and Trade (The Hon. P. Holloway) -

                 National Transport Commission - Report, 2003-2004.

                 Regulation under the following Acts-

                          Public Corporations Act 1993 - Information Industries Development Centre.

                 National Classification Code - Part 6 of the Intergovernmental Agreement on Censorship.

        By the Minister for Industry and Trade on behalf of the Minister for Aboriginal Affairs and Reconciliation (The Hon. T. G. Roberts) -

                 Promoting Independence: Disability Action Plans for South Australia - 4th Progress Report on Implementation - Report, 2004.

                 Regulations under the following Acts -

                          Liquor Licensing Act 1997 -

                                   Hamilton Secondary College.

                                   Long Term Dry Areas -

                                             City of Marion.

                                             Goolwa.

                          Prices Act 1948 - Unsold Bread.

                          Water Resources Act 1997 - Barossa Prescribed Water Resources Area.

                 Rules under Acts -

                          Industrial and Employee Relations - Industrial Proceedings (Various).

        By the Minister for Emergency Services (The Hon. C. Zollo) -

                 Regulations under the following Acts -

Papers.

 

 

                          Aquaculture Act 2001 - Miscellaneous Fees.

                          Primary Industry Funding Schemes Act 1998 - Cattle Industry Fund.

                 Corporation By-laws -

                          Barossa -

                                   No. 1 - Permits and Penalties.

                                   No. 2 - Moveable Signs.

                                   No. 3 - Roads.

                                   No. 4 - Local Government Land.

                                   No. 5 - Dogs and Cats.

                                   No. 6 - Nuisances caused by Building Sites.

                          Prospect -

                                   No. 3 - Local Government Land.

 

 

 

   4.

The Hon. R. K. Sneath brought up the Report of the Natural Resources Committee on Lower Murray Reclaimed Irrigation Areas.

 

Natural Resources
Committee -
Report on Lower
Murray Reclaimed
Irrigation Areas.

 

 

   5.

The Hon. R. K. Sneath brought up the Report of the Natural Resources Committee on Meningie and Narrung Irrigators.

 

Natural Resources
Committee -
Report on
Meningie and
Narrung Irrigators.

 

 

   6.

The Hon. G. E. Gago brought up the Report of the Social Development Committee on the Statutes Amendment (Relationships) Bill 2004.

                 Ordered - That the Report be printed.  (Paper No. 200)

 

Social Development Committee -
Report on the
Statutes Amendment
(Relationships)
Bill 2004.

 

 

   7.

The Minister for Industry and Trade tabled a copy of a Ministerial Statement made by the Attorney-General (The Hon. M. J. Atkinson, M.P.) concerning the Kapunda Road Royal Commission.

 

Ministerial
Statement Tabled.

 

   8.

The Minister for Industry and Trade tabled a copy of a Ministerial Statement made by the Minister for Transport (The Hon. P. F. Conlon, M.P.) concerning Road Safety.

 

Ministerial
Statement Tabled.

 

   9.

The Minister for Industry and Trade, without notice, moved - That the Standing Orders be so far suspended as to enable Question Time to be extended to enable the Hon. D. W. Ridgway to complete his question to him 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.

 

10.

Ordered - That Orders of the Day (Government Business) No. 1 and No. 2 be postponed and taken into consideration after Order of the Day (Government Business) No. 3.

 

Postponement
of Business.

 

11.

On the Order of the Day being read for the adjourned debate on the motion of the Minister for Industry and Trade - That the Report of the Chairperson of the Committee of the Whole on the Pitjantjatjara Land Rights (Regulated Substances) Amendment Bill be adopted:

                 The Hon. R. D. Lawson moved - That the Bill be recommitted in respect of Amendment No. 1 of the House of Assembly forthwith.

                 Question put.

Pitjantjatjara Land
Rights (Regulated
Substances)
Amendment Bill -
Adoption of Report
of the Chairperson
of Committee of
the Whole -
Adjourned Debate.

 

 

             Council divided:

Ayes, 11

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. N. Xenophon

The Hon. R. D. Lawson (Teller)

      So it was resolved in the affirmative.

 

Noes, 8

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. R. K. Sneath

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

 

 

                 The President then left the Chair, and the Council resolved itself into a Committee of the Whole for the reconsideration of Amendment No. 1 of the House of Assembly.

 

In the Committee

 

                                   The Hon. R. D. Lawson moved - That Amendment No. 1 be disagreed to.

                                   Question - That Amendment No. 1 be agreed to - put.

Recommittal of H.A.
Amendment  No. 1.

 

 

             Committee divided:

Ayes, 9

The Hon. A. L. Evans

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. R. K. Sneath

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

      So it passed in the negative.

 

Noes, 10

The Hon. T. G. Cameron

The Hon. J.S.L. Dawkins

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. N. Xenophon

The Hon. R. D. Lawson (Teller)

 

 

 

____________________

 

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

                 Ordered - That a Committee consisting of the Hon. R. D. Lawson, the Hon. N. Xenophon and the Minister for Industry and Trade be appointed to prepare Reasons for disagreeing to the amendments made by the House of Assembly.

                 The Minister for Industry and Trade brought up the Report of the Committee appointed to prepare Reasons for disagreeing to the Amendments of the House of Assembly, which was read by the Clerk as follows:

                          Because the Amendments of the House of Assembly are inappropriate.

                 Report adopted.

 

 

 

12.

Ordered - That Orders of the Day (Government Business) No. 1, No. 2 and No. 4 to No. 6 be postponed and taken into consideration after Order of the Day (Government Business) No. 7.

 

Postponement
of Business.

 

13.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Fire and Emergency Services Bill.

 

In the Committee

 

                                   Clause No. 4 further considered and agreed to.

                                   Clauses No. 5 to No. 10 agreed to.

                                   Clause No. 11 read.

                          The Hon. A. J. Redford moved on page 15, lines 31 to 36, to leave out paragraphs (e) and (f) and insert the following:

     “(e)      5 members appointed by the Governor of whom—

(i)      2 must be persons appointed on the nomination of the South Australian Volunteer Fire-Brigades Association; and

(ii)     2 must be persons appointed on the nomination of S.A.S.E.S. Volunteers' Association Incorporated; and

(iii)    1 must be a person appointed on the nomination of the LGA.”.

                          Question - That the amendment be agreed to - put.

Fire and
Emergency
Services Bill.

 

 

             Committee divided:

Ayes, 13

The Hon. T. G. Cameron

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. K. J. Reynolds

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. A. J. Redford (Teller)

      So it was resolved in the affirmative.

 

Noes, 6

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. P. Holloway

The Hon. R. K. Sneath

The Hon. N. Xenophon

The Hon. C. Zollo (Teller)

 

 

 

                                   Clause No. 11, as amended and otherwise amended, agreed to.

                                   Clause No. 12 amended and agreed to.

                                   Clause No. 13 amended and agreed to.

                                   Clause No. 14 amended and agreed to.

                                   Clauses No. 15 to No. 17 agreed to.

                                   Clause No. 18 read.

                          The Hon. A. J. Redford moved on page 20, lines 13 to 23, to leave out subclause (3) and insert new subclause as follows:

     “(3)      The Advisory Board consists of the following members appointed by the Minister:

(a)     1 member appointed to be the presiding member of the Advisory Board; and

(b)     2 members appointed on the nomination of the South Australian Volunteers Fire-Brigade Association; and

(c)     2 members appointed on the nomination of S.A.S.E.S. Volunteers' Association Incorporated; and

(d)     1 member appointed on the nomination of the LGA.”.

                          Question - That the amendment be agreed to - put.

 

 

 

             Committee divided:

Ayes, 10

The Hon. T. G. Cameron

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. A. J. Redford (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. P. Holloway

The Hon. S. M. Kanck

The Hon. K. J. Reynolds

The Hon. R. K. Sneath

The Hon. N. Xenophon

The Hon. C. Zollo (Teller)

 

 

 

                                   Clause No. 18, as amended and otherwise amended, agreed to.

                                   Clauses No. 19 to No. 70 agreed to.

                                   Clause No. 71 amended and agreed to.

                                   Clauses No. 72 to No. 83 agreed to.

                                   Clause No. 84 amended and agreed to.

                                   Clause No. 85 amended and agreed to.

                                   Clauses No. 86 to No. 99 agreed to.

                          The Hon. A. J. Redford moved on page 63, after line 29, by inserting new clause as follows:

99A—Fire control measures by owners of land in certain circumstances

      (1)       Subject to this section, an owner of land may, if he or she believes on reasonable grounds that it is necessary or appropriate to do so in order to fight a fire that is on, or immediately threatening, the land—

      (a)       light another fire (despite any other provision of this Act);

      (b)      clear any vegetation (despite any provisions of another Act).

 

 

 

 

      (2)       A person may only act under subsection (1)—

      (a)       if he or she is acting with the concurrence of an officer of SACFS; or

      (b)      if no officer of SACFS is present or in the immediate vicinity and he or she is acting with the concurrence of a member of SACFS; or

      (c)       if no member of SACFS is present or in the immediate vicinity.

      (3)       No liability will attach to a member of SACFS, or to the Crown—

      (a)       with respect to a decision to concur, or not to concur, with the taking of any action under this section; or

      (b)      with respect to the taking of any action by an owner of land under this section.”.

                          Question - That new clause No. 99A, as proposed to be inserted by the Hon. A. J. Redford, be so inserted - put.

 

 

 

             Committee divided:

Ayes, 9

The Hon. J.S.L. Dawkins

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. N. Xenophon

The Hon. A. J. Redford (Teller)

      So it was resolved in the affirmative.

 

Noes, 8

The Hon. A. L. Evans

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. P. Holloway

The Hon. S. M. Kanck

The Hon. K. J. Reynolds

The Hon. R. K. Sneath

The Hon. C. Zollo (Teller)

 

 

 

                                   Clause No. 99A inserted.

                                   Clauses No. 100 to No. 149 agreed to.

                                   Schedule 1 agreed to.

                                   Schedule 2 agreed to.

                                   Schedule 3 agreed to.

                                   Schedule 4 agreed to.

                                   Schedule 5 agreed to.

                                   Schedule 6 amended and 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 Emergency Services, 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 Emergency Services 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.

 

 

 

14.

At two minutes to 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 following Messages from the House of Assembly were received and read -

Message No. 63

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

House of Assembly, 23 May 2005.                                                                               R. B. SUCH, Speaker.

                 Bill read a first time.

                 The Minister for Industry and Trade 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:
Statutes Amendment
(Sentencing Sex
Offenders)  Bill.

 

 

 

Message No. 64

                 MR. PRESIDENT - The House of Assembly has agreed to the amendments made by the Legislative Council in the Statutes Amendment (Liquor, Gambling and Security Industries) Bill without amendment.

House of Assembly, 23 May 2005.                                                                               R. B. SUCH, Speaker.

 

Statutes Amendment
(Liquor, Gambling
and Security
Industries)  Bill.

 

 

 

Message No. 65

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith entitled an Act to amend the City of Adelaide Act 1998, the Local Government Act 1999 and the Local Government (Elections) Act 1999, to which it desires the concurrence of the Legislative Council.

House of Assembly, 23 May 2005.                                                                               R. B. SUCH, Speaker.

                 Bill read a first time.

                 The Minister for Emergency Services 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.

 

Statutes Amendment
(Local Government
Elections) Bill.

 

16.

Ordered - That Orders of the Day (Government Business) No. 1, No. 2, No. 4 and No. 5 be postponed and taken into consideration after Order of the Day (Government Business) No. 6.

 

Postponement
of Business.

 

17.

On the Order of the Day being read for the adjourned debate on the question - That the Physiotherapists Practice 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.

 

Physiotherapists
Practice Bill.

 

18.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Superannuation Funds Management Corporation of South Australia (Miscellaneous)  Amendment 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 agreed to.

                                   Clause No. 8 read.

                          Question - That clause No. 8 stand as printed - put.

Superannuation
Funds Management
Corporation of
South Australia
(Miscellaneous)
Amendment Bill.

 

 

             Committee divided:

Ayes, 5

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. R. K. Sneath

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

 

 

 

 

 

 

      So it passed in the negative.

 

Noes, 13

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

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. N. Xenophon

The Hon. R. I. Lucas (Teller)

 

 

 

                                   Clause No. 8 struck out.

                                   Clauses No. 9 to No. 17 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 and Trade, 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 and Trade 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.

 

 

 

19.

Ordered - That Order of the Day (Government Business) No. 2 be an Order 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 Criminal Assets Confiscation 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 and No. 2 agreed to.

                                   Clause No. 3 amended and agreed to.

                                   Clauses No. 4 to No. 33 agreed to.

                                   Clause No. 34 amended and agreed to.

                                   Clauses No. 35 to No. 230 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 with amendments; whereupon the Council adopted such report.

                 The Minister for Industry and Trade, 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.

 

Criminal Assets
Confiscation Bill.

 

21.

Ordered - That Orders of the Day (Government Business) No. 5 and No. 8 to No. 13 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

22.

 

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

 

In the Committee

 

                                   Clauses No. 1 to No. 3 agreed to.

                                   Clause No. 4 amended and agreed to.

                                   Clause 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 with an amendment; whereupon the Council adopted such report.

                 The Minister for Emergency Services, 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.

 

Naracoorte Town
Square Bill.

 

23.

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

Message No. 66

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith entitled an Act to amend the Flinders University of South Australia Act 1966; the University of Adelaide Act 1971; and the University of South Australia Act 1990, to which it desires the concurrence of the Legislative Council.

House of Assembly, 24 May 2005.                                                                               R. B. SUCH, Speaker.

                 Bill read a first time.

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

 

Message from
House of Assembly:
Statutes Amendment
(Universities) Bill.

 

 

24.

Council adjourned at twelve minutes past ten 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. C. V. Schaefer

The Hon. R. K. Sneath

The Hon. J. F. Stefani

The Hon. N. Xenophon

The Hon. C. Zollo

 

 

 

Member absent on leave - The Hon. T. G. Roberts