SOUTH AUSTRALIA]

No. 14

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY  24  JULY  2007

 

 

 

   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. 4.

                 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 Second Session of the 51st Parliament, viz.:

                 No. 21 of 2007 - An Act to amend the Commission of Inquiry (Children in State Care) Act 2004.

                 No. 22 of 2007 - An Act to provide for measures to address climate change with a view to assisting to achieve a sustainable future for the State; to set targets to achieve a reduction in greenhouse gas emissions within the State; to promote the use of renewable sources of energy; to promote business and community understanding about issues surrounding climate change; to facilitate the early development of policies and programs to address climate change; and for other purposes.

                 No. 23 of 2007 - An Act to amend the Harbors and Navigation Act 1993.

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

24 July 2007.

 

Message from
Governor:
Assent to Bills.

   3.

Answers to Questions on Notice Nos. 516 and 540 of last Session received this day were tabled by the President who directed that they be distributed and printed in Hansard.

 

Answers to
Questions on
Notice.

 

    4.

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

          By the President -

                 Reports, 2005-2006 -

                          City of Holdfast Bay.

                          City of Port Lincoln.

                          Clare and Gilbert Valleys Council.

                          District Council of Grant.

                          District Council of Mount Remarkable.

        By the Minister for Police (The Hon. P. Holloway) -

                 Report on the Appointments to the Minister’s Personal Staff - Section 69 of the Public Sector Management Act 1995.

                 Death in Custody of Martin John Philip - Report.

                 Regulations under the following Acts -

                          Daylight Saving Act 1971 - Duration.

                          Emergency Services Funding Act 1998 - Relevant Financial Year.

                          Juries Act 1927 - Remuneration.

                          Passenger Transport Act 1994 - Maximum Taxi Fares.

                          Public Finance and Audit Act 1987 - Refund of Small Amount.

                          Public Sector Management Act 1995 - Long Service Leave.

                          State Opera of South Australia Act 1976 - Elections.

                          Superannuation Act 1988 - Julia Farr Services Employees.

                          Victims of Crime Act 2001 - Levy.

                          Workers Rehabilitation and Compensation Act 1986 - Claims and Registration.

                 Rules of Court -

                          District Court - District Court Act 1991 - Adjudication on Costs.

                          Magistrates Court - Magistrates Court Act 1991 - Warrant Execution.

                          Supreme Court - Supreme Court Act 1935 - Adjudication on Costs.

                 Emergency Services Funding Act 1998 - Declaration of Levy and Area and Land Use Factors Notice 2007.

                 Emergency Services Funding Act 1998 - Declaration of Levy for Vehicles and Vessels Notice 2007.

                 Port Adelaide Maritime Corporation 2006-2007 Charter.

                 Section 74B, Summary Offences Act 1953 - Road Block Establishment Authorisations for the period from 1 October 2006 to 31 December 2006.

                 Section 74B, Summary Offences Act 1953 - Road Block Establishment Authorisations for the period from 1 January 2007 to 31 March 2007.

                 Section 83B, Summary Offences Act 1953 - Dangerous Area Declarations for the period from 1 January 2007 to 31 March 2007.

        By the Minister for Urban Development and Planning (The Hon. P. Holloway) -

                 Techport Australia Boundary Review Plan Amendment - Report by the Minister.

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

                 Operation of the Aquaculture Act 2001 - Report, July 2007.

                 Regulations under the following Acts -

                          Fisheries Act 1982 - Licence Fees.

                          Housing and Urban Development (Administrative Arrangements) Act 1995 - South Australian Aboriginal Housing Authority.

                          Housing Improvement Act 1940 - Standards.

                          Primary Produce (Food Safety Schemes) Act 2004 - Bivalve Moluscs.

                          South Australian Co-operative and Community Housing Act 1991 -

                                   Electoral Procedures.

                                   General.

                                   Housing Associations.

                                   Investment Shares.

                          South Australian Housing Trust Act 1995 - Registration of Covenants.

                 Rules under Acts -

                          Authorised Betting Operations Act 2000 - Bookmakers Licensing - Event Probity Information.

        By the Minister for Environment and Conservation (The Hon. G. E. Gago) -

                 National Health and Medical Research Council - National Statement on Ethical Conduct in Human Research - Report.

                 Regulations under the following Acts -

                          Crown Lands Act 1929 - Fees Erratum.

                          Fair Trading Act 1987 - Health and Fitness Industry.

                          Health and Community Services Complaints Act 2004 - Community Services.

                          Liquor Licensing Act 1997 - Dry Zones -

                                   Coober Pedy.

                                   Port Pirie.

                          Natural Resources Management Act 2004 -

                                   Central Adelaide Prescribed Wells Area.

                                   Correction of Errors.

                                   Tagged Trading.

                                   Water Restrictions.

                          Optometry Practice Act 2007 - General.

                          Waterworks Act 1932 - Water Efficiency Plans.

                 Rules under Acts -

                          Local Government  Act 1999 - Local Government Superannuation Scheme -

                                   Salary Link Benefits.

                                   Simpler Super.

                 National Health and Medical Research Council - Ethical Guidelines on the Use of Assisted Reproductive Technology in Clinical Practice and Research - June 2007.

 

Papers.

   5.

The Hon. B. V. Finnigan brought up the Report of the Statutory Authorities Review Committee on its Inquiry into the Medical Board of South Australia.

                 Ordered - That the Report be printed.  (Paper No. 190)

Statutory Authorities
Review  Committee -
Report on Inquiry
into the Medical
Board of South
Australia.

 

   6.

The Minister for Emergency Services, by leave, tabled a copy of a Ministerial Statement made by the Deputy Premier (The Hon. K. O. Foley, M.P.) concerning Payroll Tax Exemptions for Charities.

 

Ministerial
Statement Tabled.

   7.

The Minister for Emergency Services, by leave, tabled a copy of a Ministerial Statement made by the Deputy Premier concerning Defence SA.

 

Ministerial
Statement Tabled.

   8.

The Minister for Environment and Conservation, by leave, tabled a copy of a Ministerial Statement made by the Minister for the River Murray (The Hon. K. A. Maywald, M.P.) concerning the Water Resources Outlook for 2007-2008.

 

Ministerial
Statement Tabled.

   9.

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

Message No. 17

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Natural Resources Managements Act 2004 and to make related amendments to the Ground Water (Qualco-Sunlands) Control Act 2000, without any amendment.

House of Assembly, 21 June 2007.                                                                   J. J. SNELLING, Speaker.

 

Messages from
House of Assembly:
Natural Resources
Management (Water
Resources and
Other Matters)
Amendment Bill.

 

 

Message No. 18

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to make provision for the security of public buildings, places and officials and for the appointment, management and responsibilities of protective security officers; to make related amendments to various other Acts; and for other purposes, without any amendment.

House of Assembly, 21 June 2007.                                                                   J. J. SNELLING, Speaker

 

Protective Security
Bill.

 

 

Message No. 19

                 MR. PRESIDENT - The House of Assembly has agreed to the amendment made by the Legislative Council in the Commission of Inquiry (Children in State Care) (Children on APY Lands) Amendment Bill, without any amendment.

House of Assembly, 21 June 2007.                                                                   J. J. SNELLING, Speaker

 

Commission of
Inquiry (Children
in State Care)
(Children on
APY Lands)
Amendment Bill.

 

 

Message No. 20

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act for the appropriation of money from the Consolidated Account for the year ending on 30 June 2008; and for other purposes, to which it desires the concurrence of the Legislative Council.

House of Assembly, 5 July 2007.                                                                      J. J. SNELLING, Speaker.

                 Bill read a first time.

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

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

 

Appropriation Bill.

 

 

Message No. 21

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Public Finance and Audit Act 1987, to which it desires the concurrence of the Legislative Council.

House of Assembly, 24 July 2007.                                                                    J. J. SNELLING, Speaker.

                 Bill read a first time.

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

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

 

Public Finance and Audit (Certification of Financial Statements) Amendment Bill.

 

 

Message No. 22

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

House of Assembly, 24 July 2007.                                                                    J. J. SNELLING, Speaker.

                 Bill read a first time.

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

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

 

Statutes Amendment
(Transition to
Retirement - State
Superannuation) Bill.

 

 

Message No. 23

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Controlled Substances Act 1984 and the Petroleum Products Regulation Act 1995, to which it desires the concurrence of the Legislative Council.

House of Assembly, 24 July 2007.                                                                    J. J. SNELLING, Speaker.

                 Bill read a first time.

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

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

 

Statutes Amendment
(Petroleum
Products) Bill.

 

 

Message No. 24

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Murray-Darling Basin Act 1993, to which it desires the concurrence of the Legislative Council.

House of Assembly, 24 July 2007.                                                                    J. J. SNELLING, Speaker.

                 Bill read a first time.

                 Ordered - That the second reading be postponed and taken into considered on motion.

 

Murray-Darling
Basin (Amending
Agreement)
Amendment Bill.

10.

Ordered - That the Orders of the Day (Government Business) No. 1 to No. 7 be postponed and taken into consideration after Order of the Day (Government Business) No. 8.

 

Postponement
of Business.

11.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of Message No. 13 from the House of Assembly relating to the Statutes Amendment (Real Estate Industry) Reform Bill.

 

In the Committee

 

                          The Minister for Environment and Conservation moved - That the amendments be not insisted on.

                 Question - That the amendments be insisted on - put.

Statutes Amendment
(Real Estate
Industry) Reform
Bill.

 

 

             Committee divided:

Ayes, 12

The Hon. A. M. Bressington

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. D.G.E. Hood

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. S. G. Wade

The Hon. N. Xenophon

 The Hon. T. J. Stephens (Teller)

 

Noes, 9

The Hon. B. V. Finnigan

The Hon. J. M. Gazzola

The Hon. P. Holloway

The Hon. I. K. Hunter

The Hon. S. M. Kanck

The Hon. M. C. Parnell

The Hon. R. P. Wortley

The Hon. C. Zollo

The Hon. G. E. Gago (Teller)

 

 

 

        So it was resolved in the affirmative.

_____________________

 

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

 

 

12.

Ordered - That the Orders of the Day (Government Business) No. 1 to No. 7 be postponed and taken into consideration after Order of the Day (Government Business) No. 9.

 

Postponement
of Business.

13.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (Budget 2007) Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. R. P. Wortley, the debate was adjourned until next day of sitting.

 

Statutes Amendment
(Budget 2007) Bill.

14.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Criminal Law (Sentencing) (Dangerous Offenders)  Amendment Bill.

 

In the Committee

 

                          Clause No. 8 which the Minister for Police had moved to amend on page 3, lines 28 to 32, by leaving out paragraph (ab) and inserting the following:

    “(ab)    if fixing a non‑parole period in respect of a person sentenced to life imprisonment for an offence of murder, the mandatory minimum non‑parole period prescribed in respect of the offence is 20 years;”

        And on page 3, lines 34 to 38 (incl.), by leaving out paragraph (ba) and inserting the following:

    “(ba)    if fixing a non‑parole period in respect of a person sentenced to imprisonment for a serious offence against the person, the mandatory minimum non‑parole period prescribed in respect of the offence is four‑fifths the length of the sentence;”

        - further considered.

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

                          Clause No. 8, as amended, agreed to.

                          Clause No. 9 amended and agreed to.

                          Clause No. 10 agreed to.

                          New clause No. 7A inserted.

                          Title agreed to.

_____________________

 

                 The President resumed the Chair, and reported that the Committee had further considered the Bill and had agreed to the same with amendments; whereupon the Council adopted such report.

                 The Minister for Police, 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 Police then moved - That this Bill be now read a third time.

                 Question put.

Criminal Law
(Sentencing)
(Dangerous
Offenders)
Amendment Bill.

 

             Council divided:

Ayes, 18

The Hon. A. M. Bressington

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

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. 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. S. G. Wade

The Hon. R. P. Wortley

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

      So it was resolved in the affirmative.

 

Noes, 2

The Hon. M. C. Parnell

The Hon. S. M. Kanck (Teller)

 

 

 

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

 

15.

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

 

Postponement
of Business.

16.

On the Order of the Day being read for the adjourned debate on the question - That the Criminal Assets Confiscation (Serious Offences) 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.

.

Criminal Assets
Confiscation
(Serious Offences)
Bill.

17.

The Minister for Environment and Conservation, according to order, moved - That the Murray-Darling Basin (Amending Agreement) Amendment Bill be now read a second time.

                 On motion of the Hon. J.S.L. Dawkins, the debate was adjourned until next day of sitting.

 

Murray-Darling
Basin (Amending
Agreement)
Amendment Bill.

 

18.

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

 

Postponement
of Business.

19.

Council adjourned at five minutes past six 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. J.S.L. Dawkins

The Hon. A. L. Evans

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. S. M. Kanck

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. R. P. Wortley

The Hon. N. Xenophon

The Hon. C. Zollo