SOUTH AUSTRALIA]

No. 67

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

THURSDAY  24  JULY  2008

 

 

 

   1.

Council met pursuant to adjournment.  The President (The Hon. R. K. Sneath) took the Chair.

                 The President read prayers.

 

Meeting of
Council.

 

   2.

The Minister for Mineral Resources Development (The Hon. P. Holloway), by leave, without notice, moved - That the sitting of the Council be not suspended during the continuation of the Conference on the Legal Profession Bill.

                 Question put and passed.

 

Legal Profession
Bill.

   3.

The President laid on the Table the Minutes of the Assembly of Members of the two Houses held on Thursday, 24 July 2008, to fill a vacancy in the Legislative Council caused by the resignation of the Hon. A. L. Evans.

                 Ordered to be printed.  (Paper No. 170A)

 

Legislative Council
Vacancy:
Assembly of
Members of the
two Houses -
Minutes.

 

   4.

The President informed the Council that he held a Commission from His Excellency the Governor authorising him to administer the Oath or Affirmation to Members of the Legislative Council.

 

Commission to
Swear.

   5.

The President produced a letter from the Clerk of the Assembly notifying that the Assembly of Members of both Houses of Parliament had elected Mr. R. L. Brokenshire to fill the vacancy in the Legislative Council caused by the resignation of the Hon. A. L. Evans.

                 The Oath of Allegiance was then administered to, and subscribed by, the Hon. R. L. Brokenshire who then signed the Roll, pursuant to Standing Order No. 28.

 

Notification of
Election of
New Member -
Member Sworn -
Hon.
R. L. Brokenshire.

 

   6.

The Minister for Mineral Resources Development, without notice, moved - That the Standing Orders be so far suspended as to enable Petitions, the Tabling of Papers and Question Time to be taken into consideration at fifteen minutes past two o’clock.

                 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.

   7.

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

 

Postponement
of Business.

   8.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Statutes Amendment (Budget 2008) Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 10 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 without amendment; whereupon the Council adopted such report.

                 The Minister for Mineral Resources Development, 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
(Budget 2008) Bill.

   9.

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

 

Postponement
of Business.

10.

On the Order of the Day being read for the adjourned debate on the question - That the Appropriation Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned and ordered to be resumed on motion.

 

Appropriation Bill.

11.

At four minutes past one o’clock the sitting was suspended until the ringing of the bells.

                 At fifteen minutes past two o’clock the sitting was resumed.

 

Suspension and
Resumption of
Sitting.

 

  12.

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

Message No. 16.

                 The Governor informs the Legislative Council that, in the name and on behalf of Her Majesty The Queen, the following Act has been assented to during the Second Session of the 51st Parliament, viz.:

                 No. 31 of 2008 - An Act to amend the Correctional Services Act 1982.

Government House, Adelaide, 24 July 2008.                                            KEVIN SCARCE, Governor.

 

Message from
Governor:
Assent to Bills.

  13.

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

        By the Minister for Mineral Resources Development (The Hon. P. Holloway) -

                 Determination and Report of the Remuneration Tribunal - No. 4 of 2008 - Communication Allowance.

                 Determination and Report of the Remuneration Tribunal - No. 5 of 2008 - Conveyance Allowance.

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

                 Inquiry into the South Australian Certificate of Education by the Social Development Committee - Response to the Report.

 

Papers.

14.

The Minister for Mineral Resources Development, without notice, moved - That the Standing Orders be so far suspended as to enable him to move a motion without notice concerning the appointment of a Member on the Aboriginal Lands Parliamentary Standing Committee.

                 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 Mineral Resources Development then moved - That pursuant to section 10 of the Aboriginal Lands Parliamentary Standing Committee Act 2003, the Hon. R. L. Brokenshire be appointed to the Aboriginal Lands Parliamentary Standing Committee in place of the Hon. A. L. Evans, resigned.

                 Question put and passed.

 

Aboriginal Lands
Parliamentary
Standing
Committee -
Substitution of
Member.

 

15.

The Hon. C. V. Schaefer, without notice, moved - That the Standing Orders be so far suspended as to enable her to move for the substitution by motion, of a Member on the Select Committee on  Families SA.

                 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 Hon. C. V. Schaefer then moved - That the Hon. R. L. Brokenshire be substituted in the place of the Hon. A. L. Evans, resigned, on the Select Committee on Families SA.

                 Question put and passed.

 

Select Committee
on Families SA -
Substitution of
Member.

 

  16.

The Minister for Correctional Services, by leave, tabled a copy of a Ministerial Statement made by the Minister for Aboriginal Affairs and Reconciliation (The Hon. J. W. Weatherill, M.P.) concerning the Minister’s response to the Children on Anangu Pitjantjatjara Yankunytjatjara (APY) Lands Commission of Inquiry - A Report into Sexual Abuse, together with a copy of the Report.

 

Ministerial
Statement Tabled.

17.

Ordered - That the adjourned debate on the question - That the Appropriation Bill be now read a second time - be now resumed.

                 Debate resumed.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned and ordered to be resumed on motion.

 

Appropriation Bill.

18.

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

Message No. 118

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Child Sex Offenders Registration Act 2006, to which it desires the concurrence of the Legislative Council.

House of Assembly, 24 July 2008.                                                                   J. J. SNELLING, Speaker.

                 Bill read a first time.

                 Ordered - That the second reading be taken into consideration on Wednesday, 10 September 2008.

 

Messages from
House of Assembly:
Child Sex Offenders
Registration
(Registration of
Internet Activities)
Amendment Bill.

 

 

Message No. 119

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith entitled an Act to amend the Environment Protection Act 1993, with the amendment indicated by the annexed Schedule, to which amendment the House of Assembly desires the concurrence of the Legislative Council.

House of Assembly, 24 July 2008.                                                                   J. J. SNELLING, Speaker.

 

Schedule of the Amendment made by the House of Assembly

New Clause, page 16, after line 18—

After clause 18 insert:

18A—Amendment of section 103N—Special management areas

Section 103N(1)(a)delete “proclamation” wherever occurring and substitute in each case:

notice

M. LEHMAN, Clerk of the House of Assembly

                 Ordered - That the Message be taken into consideration forthwith.

                 The President then left the Chair, and the Council resolved itself into a Committee of the Whole for the consideration of the Message.

 

In the Committee

 

                          Resolved - That the amendment be agreed to.

_____________________

 

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

 

Environment
Protection
(Miscellaneous)
Amendment Bill.

19.

Ordered - That the adjourned debate on the question - That the Appropriation Bill be now read a second time - be now resumed.

                 Debate resumed.

                 On motion of the Hon. I. K. Hunter, the debate was adjourned until next day of sitting.

 

Appropriation Bill.

20.

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

 

Postponement
of Business.

 

21.

The Hon. D. W. Ridgway, pursuant to notice, moved - That this Council acknowledges the important contribution the Vietnamese Veterans’ Association of South Australia makes in commemorating and remembering significant dates in the history of the former Republic of South Vietnam.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday, 10 September 2008.

 

Vietnamese Veterans’ Association of
South Australia -
Motion re.

 

22.

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

 

Postponement
of Business.

23.

Council adjourned at two minutes past six o’clock until Tuesday, 29 July 2008, at fifteen minutes past two o’clock.

 

Adjournment.

 

_________________________

 

 

 

 

 

Members present during any part of the sitting:

 

 

 

The Hon. A. M. Bressington

The Hon. R. L. Brokenshire

The Hon. J. A. Darley

The Hon. J.S.L. Dawkins

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. C. Zollo