SOUTH AUSTRALIA]

No. 55

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

THURSDAY  24  SEPTEMBER  2009

 

 

 

   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), 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.

   3.

Ordered - That Order of the Day (Government Business) No. 1 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

   4.

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

 

Postponement
of Business.

   5.

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

                          Clause No. 4 read.

                 The Hon. D. W. Ridgway moved on page 2, line 15, to leave out “and indexed in accordance with this section”.

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

                          Clause No. 4, as otherwise amended, agreed to.

                          Clause No. 5 amended and agreed to.

                          Title agreed to.

_____________________

 

Statutes Amendment
(Council
Allowances) Bill.

 

                 The President resumed the Chair, and reported that the Committee had considered the Bill and had agreed to the same with amendments.

                 Ordered - That the Bill be recommitted in respect of clause No. 4.

                 The President then left the Chair, and the Council resolved itself into a Committee of the Whole for the reconsideration of clause No. 4.

 

In the Committee

 

                 Clause No. 4 reconsidered, further amended and agreed to.

_____________________

 

                 The President resumed the Chair, and reported that the Committee had reconsidered the Bill and had agreed to the same with a further amendment; whereupon the Council adopted such reports.

                 The Minister for State/Local Government Relations (The Hon. G. E. Gago), 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.

 

 

   6.

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

 

Postponement
of Business.

   7.

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

 

In the Committee

 

                          Clauses No. 1 to No. 5 agreed to.

                          Clause No. 6 amended and agreed to.

                          Clauses No. 7 and No. 8 agreed to.

                          Clause No. 9 read.

                 The Hon. T. J. Stephens moved on page 6, line 8, to leave out “5” and insert “6”.

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

                          Clause No. 9 agreed to.

                          Clauses No. 10 to No. 22 agreed to.

                          Clause No. 23 read.

                 The Hon. R. L. Brokenshire moved on page 14, line 22, to leave out “take into account” and insert “undertake best endeavours to reflect”.

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

                 The Hon. R. L. Brokenshire moved on page 14, after line 35, to insert the following:

    “(2a)     However, the State Bushfire Coordination Committee must ensure that any council whose area is within a bushfire management area is given an opportunity to nominate a person for membership of the relevant bushfire management committee (and, if a council nominates a person, the membership of the relevant bushfire management committee must include that person).”.

                 Question - That the amendment be agreed to - put.

Fire and Emergency
Services (Review)
Amendment Bill.

 

             Committee divided:

Ayes, 9

The Hon. J.S.L. Dawkins

The Hon. D.G.E. Hood

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. T. J. Stephens

The Hon. S. G. Wade

The Hon. R. L. Brokenshire (Teller)

 

      So it passed in the negative.

 

Noes, 10

The Hon. A. M. Bressington

The Hon. J. A. Darley

The Hon. B. V. Finnigan

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. M. C. Parnell

The Hon. D. N. Winderlich

The Hon. R. P. Wortley

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

 

                          Clause No. 23, as otherwise amended, agreed to.

                          Clauses No. 24 to No. 34 agreed to.

                          Clause No. 35 amended and agreed to.

                          Clauses No. 36 and No. 37 agreed to.

                          Clause No. 38 read.

                 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.

 

 

   8.

At  six 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.

 

   9.

The Clerk announced that the following Petition had been lodged for presentation:

By the Hon. R. L. Brokenshire from 507 residents of South Australia concerning the Willunga Basin.  The Petitioners pray that this Honourable House will establish forthwith a statutory authority with powers to address major issues such as population growth and the adequate supply of public and private utility services to the said region and, further, to address issues of water security, food security, biodiversity conservation, landscape preservation, sustainable housing and the pursuit of sustainable employment opportunities through horticulture, agriculture, viticulture, tourism and any other enterprises compatible with the preservation and enhancement of the said region.

 

Petition:

No. 18 -
Willunga Basin.

10.

The Hon. R. P. Wortley brought up the Report of the Natural Resources Committee on the Kangaroo Island Natural Resources Management Board Levy Proposal, 2009-2010: “Don’t mention the Koalas”.

 

Natural Resources
Committee - Report
on Kangaroo Island
Natural Resources
Management Board
Levy Proposal,
2009-2010.

11.

The Hon. R. P. Wortley brought up the Report of the Natural Resources Committee on Water Resource Management in the Murray Darling Basin, Volume 2: “The Two Rivers”.

 

Natural Resources
Committee - Report
on Water Resource
Management in the
Murray Darling
Basin, Volume 2.

 

  12.

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

        By the Minister for State/Local Government Relations -

                 Death in Custody of Mr. Daniel O’Keefe and Death of John Wanganeen - Response to the Coronial Report of Actions taken following the Coronial Inquiry, August 2009.

                 Social Development Committee Inquiry into Bogus, Unregistered and Deregistered Health Practitioners - Response by the Minister for Health.

 

Papers.

  13.

The Minister for Mineral Resources Development, 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 Response to Questions asked during Question Time on 23 September 2009, regarding Community Perception on Drinking Stormwater and Pumping from the River Murray.

 

Ministerial
Statement Tabled.

14.

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

 

In the Committee

 

                          Clause No. 38 further considered.

                 The Hon. R. L. Brokenshire moved on page 32, after line 7, to insert the following:

     “(7)      A regulation may only be made under Part 4 Divisions 7 and 8, and Part 4A, on the recommendation of the Minister.

       (8)      Before making a recommendation under subsection (7), the Minister must—

      (a)       give written notice of the proposed regulations to the LGA; and

      (b)      give consideration to any submission made by the LGA in relation to proposed regulations within the period specified in the notice (being a period of not less than 6 weeks).”.

                 Question - That the amendment be agreed to - put.

Fire and Emergency
Services (Review)
Amendment Bill.

 

             Committee divided:

Ayes, 10

The Hon. J.S.L. Dawkins

The Hon. D.G.E. Hood

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. M. C. Parnell

The Hon. C. V. Schaefer

The Hon. T. J. Stephens

The Hon. S. G. Wade

The Hon. R. L. Brokenshire (Teller)

      So it was resolved in the affirmative.

 

Noes, 9

The Hon. A. M. Bressington

The Hon. J. A. Darley

The Hon. B. V. Finnigan

The Hon. J. M. Gazzola

The Hon. I. K. Hunter

The Hon. D. N. Winderlich

The Hon. R. P. Wortley

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

 

                          Clause No. 38, as amended, agreed to.

                          Clause No. 39 struck out.

                          New Clause No. 39 inserted.

                          Clauses No. 40 to No. 43 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 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.

 

 

15.

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

 

In the Committee

 

                          Clause No. 13 further considered.

                 The Hon. D. N. Winderlich moved on page 11, line 16, after “must” to insert the following:

“include a statement (verified by the registered officer by statutory declaration) of the total number of members of the party as at the date on which the return is prepared and”.

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

                          Clause No. 13 agreed to.

                          Clauses No. 14 and No. 15 agreed to.

                          Clause No. 16 read.

                 The Hon. M. C. Parnell moved on page 12, lines 15 to 21, to leave out subsection (3) and insert the following:

     “(3)      The date fixed for the close of the rolls must be not more than 5 days before the date for the polling.”.

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

                          Clause No. 16 agreed to.

                          Clause No. 17 agreed to.

                 The Hon. M. C. Parnell moved on page 12, after line 28, to insert new clause 17A as follows:

17A—Insertion of section 53B

After section 53A insert:

53B—Certain nominations must not be received

      (1)       This section applies if a by‑election is to be held to fill a casual vacancy in the membership of the House of Assembly caused by the resignation of a member who was, immediately before resigning, a member of a registered political party.

Note—

This section will not apply to a by‑election held to fill a casual vacancy caused by the death of a member or by vacation of a member's seat in accordance with section 31 of the Constitution Act 1934.

Electoral (Miscellaneous) Amendment Bill.

 

      (2)       The Electoral Commissioner must, as soon as practicable after the issue of the writ for the election, serve on the registered officer of the registered political party a written notice requiring the party to pay to the Electoral Commissioner an amount specified in the notice (being the Electoral Commissioner's estimate of the reasonable costs to the Crown of holding the by‑election).

      (3)       The registered officer of the registered political party may not nominate a person as a candidate endorsed by the party for the election unless the party has paid the amount specified in the notice under subsection (2).

      (4)       If the amount specified in the notice is not paid on or before the date on which the by‑election is held, the Electoral Commissioner may recover the amount from the registered political party as a debt.

      (5)       The Electoral Commissioner may determine that this section does not apply to the resignation of a member if the Electoral Commissioner is satisfied that the resignation was reasonably necessary due to circumstances beyond the member's control (and if the Electoral Commissioner makes such a determination after serving a notice under this section in relation to the resignation, the notice will be void and of no effect).

Example—

If the retirement was due to a medical condition of the member or of a person who relies on the member for care, the Electoral Commissioner may determine that this section does not apply.”.

                 Question - That new clause 17A, as proposed to be inserted, be so inserted - put and negatived.

                          Clauses No. 18 to No. 22 agreed to.

                          Clause No. 23 read.

                 The Hon. M. C. Parnell moved on page 15, lines 10 to 14, to leave out subsection (5) and insert the following:

     “(5)      The presiding officer at each polling booth must—

      (a)       ensure that any posters prepared under subsection (1)(a) are displayed in a prominent position in the polling booth and in accordance with any direction issued by the Electoral Commissioner; and

      (b)      ensure that posters or booklets prepared under subsection (1)(b) are made available in each compartment in which a person may vote in the polling booth.”.

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

                          Clause No. 23 struck out.

                          Clauses No. 24 and No. 25 agreed to.

                          Clause No. 26 read.

                 The Hon. M. C. Parnell moved on page 16, after line 23, to insert the following:

     “(8)      A candidate in an election, or a person acting on behalf of or otherwise assisting a candidate in an election, must not offer or agree to transmit any application by an elector for the issue of declaration voting papers under this section.

Maximum penalty:  $1 250.”.

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

                          Clause No. 26 agreed to.

                 The Hon. D. N. Winderlich moved on page 16, after line 23, to insert new clause 26A as follows:

26A—Amendment of section 76—Method of voting at elections

Section 76(1)(a)—delete "all candidates" and substitute:

not less than 11 candidates”.

                 Question - That new clause 26A, as proposed to be inserted, be so inserted - put and negatived.

                          Clause No. 27 read.

                 Question - That clause No. 27 stand as printed - put.

 

 

             Committee divided:

Ayes, 10

The Hon. A. M. Bressington

The Hon. R. L. Brokenshire

The Hon. J. A. Darley

The Hon. B. V. Finnigan

The Hon. J. M. Gazzola

The Hon. D.G.E. Hood

The Hon. I. K. Hunter

The Hon. R. P. Wortley

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

      So it was resolved in the affirmative.

 

Noes, 9

The Hon. J.S.L. Dawkins

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. M. C. Parnell

The Hon. C. V. Schaefer

The Hon. T. J. Stephens

The Hon. S. G. Wade

The Hon. D. N. Winderlich

The Hon. R. D. Lawson (Teller)

 

 

 

                          Clauses No. 28 to No. 39 agreed to.

                          Clause No. 40 amended and agreed to.

                          Clauses No. 41 and No. 42 agreed to.

                          Clause No. 43 amended and agreed to.

                 The Hon. M. C. Parnell moved on page 25, after line 36, to insert new clause 43A as follows:

43A—Insertion of section 115A

After section 115 insert:

115A—Restrictions on publicly funded advertising campaigns

      (1)       A person who, within the pre‑election period, authorises, causes, or permits the publication by any means (including radio, television or the Internet) of a publicly funded advertisement is guilty of an offence if the advertisement contains—

      (a)       the name of, or an image of, any member of Parliament or person who proposes to be a candidate at the relevant election; or

      (b)      the name of, or any symbol or logo adopted by, any registered political party.

Maximum penalty:

      (a)       if the offender is a natural person—$750;

      (b)      If the offender is a body corporate—$2 500.

      (2)       In this section—

pre‑election period means the period of 6 months immediately prior to the day on which a general election of members of the House of Assembly must be held under section 28(1) of the Constitution Act 1934.”.

                 Question - That new clause 43A, as proposed to be inserted, be so inserted - put and negatived.

                          Clause No. 44 amended and agreed to.

                          Clause No. 45 agreed to.

                          Clause No. 46 struck out.

                          Schedule 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.

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

 

 

  16.

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

 

Postponement
of Business.

17.

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

Message No. 94

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to prevent criminal infiltration of the hydroponics industry; to prevent the misapplication of certain types of hydroponic equipment by monitoring its sale and supply; and for other purposes, to which it desires the concurrence of the Legislative Council.

House of Assembly, 23 September 2009.                                                  J. J. SNELLING, Speaker.

                 Bill read a first time.

                 The Minister for Mineral Resources Development 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.

 

Messages from
House of Assembly:
Hydroponics
Industry Control
Bill.

 

Message No. 95

                 MR. PRESIDENT - The House of Assembly has agreed to the amendments made by the Legislative Council in the Reproductive Technology (Clinical Practices) (Miscellaneous) Amendment Bill, without any amendment.

House of Assembly, 24 September 2009.                                                  J. J. SNELLING, Speaker.

 

Reproductive
Technology
(Clinical Practices)
(Miscellaneous)
Amendment Bill.

 

Message No. 96

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to refer certain matters relating to security interests in personal property to the Parliament of the Commonwealth for the purposes of section 51 (xxxvii) of the Constitution of the Commonwealth, to which it desires the concurrence of the Legislative Council.

House of Assembly, 24 September 2009.                                                  J. J. SNELLING, Speaker.

                 Bill read a first time.

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

 

Personal Property
Securities
(Commonwealth
Powers) Bill.

 

Message No. 97

                 MR. PRESIDENT - The House of Assembly has agreed to Amendments Nos. 1 to 10 and No. 12 made by the Legislative Council in the Fire and Emergency Services (Review) Amendment Bill without any amendment, and has disagreed to Amendment No. 11 as indicated in the annexed Schedule.  The House of Assembly returns the Bill herewith and desires its reconsideration.

House of Assembly, 24 September 2009.                                                  J. J. SNELLING, Speaker.

 

Schedule of the Amendment made by the Legislative Council

to which the House of Assembly has disagreed

Amendment No. 11–

Clause 38, page 32, after line 7—

Insert:

      (7)       A regulation may only be made under Part 4 Divisions 7 and 8, and Part 4A, on the recommendation of the Minister.

      (8)       Before making a recommendation under subsection (7), the Minister must—

      (a)       give written notice of the proposed regulations to the LGA; and

      (b)      give consideration to any submissions made by the LGA in relation to proposed regulations within the period specified in the notice (being a period of not less than 6 weeks).

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 not insisted on.

_____________________

 

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

 

Fire and Emergency
Services (Review)
Amendment Bill.

18.

Ordered - That the Council, at its rising, do adjourn until Tuesday, 13 October 2009, at fifteen minutes past two o’clock.

 

Next Day of Sitting.

19.

Council adjourned at three minutes past six o’clock until Tuesday, 13 October 2009, 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. 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. D. N. Winderlich

The Hon. R. P. Wortley

The Hon. C. Zollo