SOUTH AUSTRALIA]

No. 86

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

THURSDAY  24  NOVEMBER  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.

The Minister for Industry and Trade (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 Orders of the Day (Government Business) No. 1 to No. 3 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

    4.

Ordered - That Orders of the Day (Government Business) No. 4 to No. 14 be postponed and taken into consideration after Order of the Day (Government Business) No. 15.

 

Postponement
of Business.

 

   5.

The Minister for Industry and Trade, according to order, moved - That the Statutes Amendment (Vehicle and Vessel Offences) 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
(Vehicle and
Vessel Offences)
Amendment Bill.

 

   6.

Ordered - That Orders of the Day (Government Business) No. 4 to No. 10 be postponed and taken into consideration after Order of the Day (Government Business) No. 11.

 

Postponement
of Business.

 

    7.

On the Order of the Day being read for the adjourned debate on the question - That the Terrorism (Police Powers) Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. R. I. Lucas, the debate was adjourned and ordered to be resumed on motion.

 

Terrorism
(Police Powers) Bill.

 

   8.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Adelaide Park Lands Bill.

 

In the Committee

 

                          Clause No. 19 further considered and agreed to.

                          Clause No. 20 amended and agreed to.

                          Clause No. 21 read.

Adelaide Park
Lands Bill.

 

 

                 The Hon. A. J. Redford moved on page 17, lines 8 to 14, to leave out subclauses (1) and (2) and insert new subclauses as follows:

     “(1)      The maximum term for which the Adelaide City Council may grant or renew a lease or licence over land in the Adelaide Park Lands is—

      (a)       unless paragraph (b) applies—42 years;

      (b)      in the case of a lease over Victoria Park granted to the SAJC—99 years,

(taking into account any right of extension and despite the provisions of the Local Government Act 1999).

       (2)      However, before the Council grants (or renews)—

      (a)       a lease or licence over land in the Park Lands for a term of 21 years or more, other than a lease over Victoria Park to the SAJC; or

      (b)      a lease over Victoria Park to the SAJC for a term of 21 years or more that allows Victoria Park to be used for a purpose other than—

       (i)       horse racing; or

      (ii)       an authorised purpose,

(taking into account any right of renewal), the Council must submit copies of the lease or licence to the Presiding Members of both Houses of Parliament.”.

                 The Hon. I. Gilfillan moved on page 17, line 12, to leave out “21” and insert “10”.

                 Question - That all words in subclauses (1) and (2) down to but excluding “21” in line 12, stand as printed - put.

 

 

 

             Committee divided:

Ayes, 11

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. T. G. Roberts

The Hon. R. K. Sneath

The Hon. J. F. Stefani

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. I. Gilfillan (Teller)

So it was resolved in the affirmative.

 

Noes, 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. T. J. Stephens

The Hon. A. J. Redford (Teller)

 

 

 

                 Question - That the amendment moved by the Hon. I. Gilfillan, be agreed to - put and passed.

                          Clause No. 21, as amended, agreed to.

                          Clauses No. 22 to No. 26 agreed to.

                          Schedule 1 read.

                 The Hon. I. Gilfillan moved on page 20, after line 24, to insert the following:

3A—Amendment of section 38—Public notice and consultation

(1)     Section 38(2)—delete "subsection (2a)" and substitute:

         subsections (2a) and (2b)

(2)     Section 38—after subsection (2a) insert:

(2b)   A development within the Adelaide Park Lands is, by force of this section, a Category 3 development.”.

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

                 The Hon. I. Gilfillan moved on page 24, lines 20 and 21, page 25, lines 6 and 7 and on page 26, line 19, to leave out “wider, narrower, longer or shorter” and insert “narrower or shorter”, and on page 26, lines 29 to 33, to leave out subclause (13).

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

                 The Hon. I. Gilfillan moved on page 27, lines 11 to 17, to leave out subclause (1) and insert new subclause as follows:

     “(1)      Section 20—after subsection (1) insert:

(1a)      If the Minister makes a declaration under subsection (1)(a), the Minister must also declare a specified period or periods (prescribed works periods) under this Act during which the Board may have access to land within the declared area for the purpose of carrying out works in the manner contemplated by section 22(1a) (and different periods may be specified in respect of different categories of work).”.

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

                 The Hon. I. Gilfillan moved on page 28, after line 23, to insert new paragraph as follows:

                                   “(ab)   the Adelaide Park Lands Authority; and”.

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

                          Schedule otherwise 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 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.

At three 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.

 

10.

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

                 By the Hon. S. M. Kanck, from 53 residents of South Australia, concerning abortions in South Australia.  The Petitioners pray that this Honourable House will do all in its power to ensure that abortions in South Australia continue to be safe, affordable, accessible and legal.

 

Petition:
No. 27 - Abortions
in South Australia.

 

 

  11.

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

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

                 Reports, 2004-2005 -

                          Arid Areas Catchment Water Management Board.

                          Clare Valley Water Resources Planning Committee.

                          Department for Administrative and Information Services.

                          Eyre Peninsula Catchment Water Management Board.

                          Northern Adelaide and Barossa Catchment Water Management Board.

                          Onkaparinga Catchment Water Management Board.

                          Pastoral Board of South Australia.

                          Patawalonga Catchment Water Management Board.

                          Save the River Murray Fund.

                          South Australian-Victorian Border Groundwaters Agreement Review Committee.

                          South East Water Catchment Management Board.

                          South Eastern Water Conservation and Drainage Board.

                          Torrens Catchment Water Management Board.

                          Water Well Drilling Committee.

        By the Minister for Mental Health and Substance Abuse (The Hon. C. Zollo) -

                 Reports, 2004-2005 -

                          Balaklava and Riverton Districts Health Inc.

                          Barossa Area Health Services Inc.

                          Booleroo Centre District Hospital and Health Services Inc.

                          Bordertown Memorial Hospital Inc.

                          Central Yorke Peninsula Hospital Inc.

                          Crystal Brook District Hospital Inc.

                          Eastern Eyre Health and Aged Care Inc.

                          Education Adelaide.

                          Eudunda and Kapunda Health Service Incorporated.

                          Eyre Regional Health Service Inc.

                          Gawler Health Service.

                          Hawker Memorial Hospital Inc.

                          Hills Mallee Southern Regional Health Service Inc.

                          Kangaroo Island Health Service.

                          Kingston Soldiers’ Memorial Hospital Inc.

                          Leigh Creek Health Service Inc.

                          Lower Eyre Health Services Inc.

                          Lower North Health.

                          Loxton Hospital Complex Incorporated.

                          Meningie & Districts Memorial Hospital and Health Services Inc.

                          Mid-West Health and Aged Care Inc. and Mid-West Health.

                          Millicent and District Hospital and Health Services Inc.

                          Mount Gambier and Districts Health Service Inc.

                          Murray Bridge Soldiers’ Memorial Hospital.

                          Northern Adelaide Hills Health Service.

                          Northern Yorke Peninsula Health Service.

                          Orroroo and District Health Service Inc.

                          Penola War Memorial Hospital Inc.

                          Peterborough Soldiers Memorial Hospital and Health Service Inc.

                          Port Pirie Regional Health Service Inc.

                          Quorn Health Services.

                          Riverland Health Authority Inc.

                          Rocky River Health Service Incorporated.

                          South Coast District Hospital Inc.

                          South East Regional Health Service Inc.

                          Southern Yorke Peninsula Health Service Inc.

                          Tailem Bend District Hospital.

                          The Jamestown Hospital and Health Service Inc.

                          The Mannum District Hospital Inc.

                          The Whyalla Hospital and Health Services Inc.

                          Wakefield Health.

Papers.

 

 

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

                 Reports, 2004-2005 -

                          South Australian Country Fire Service.

                          South Australian Metropolitan Fire Service.

                          State Emergency Service.

 

 

 

12.

The Minister for Industry and Trade having obtained leave to table a Ministerial Statement made by the Premier (The Hon. M. D. Rann, M.P.), and Members calling for the Ministerial Statement to be read:

                 The Minister for Industry and Trade proceeded to read the Ministerial Statement.

Leave to Table
Ministerial
Statement:

 

 

 

                 On a Point of Order being raised as to the contents reflecting on the Legislative Council, its Members and Committees:

                 Leave withdrawn.

 

Leave Withdrawn.

 

13.

The Minister for Industry and Trade, by leave, tabled a copy of a Ministerial Statement made by the Attorney-General (The Hon. M. J. Atkinson, M.P.) concerning Claims by Edith Pringle, together with a copy of a Statutory Declaration by Mr. Tim Bourne.

Ministerial
Statement Tabled.

 

 

 

                 The President ruled that the Ministerial Statement contained material that was pertinent to the Terms of Reference of a Select Committee of this Council and was in contravention of Standing Order 190.

                 The President ordered that the tabling of the Ministerial Statement be revoked.

 

President’s Ruling.

 

14.

The Minister for Aboriginal Affairs and Reconciliation, without notice, moved - That the Standing Orders be so far suspended as to enable Question Time to be extended to enable the Hon. J.M.A. Lensink to complete her question to the Minister for Mental Health and Substance Abuse and for the Minister to complete her 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.

 

15.

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

Message No. 140

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith entitled an Act to authorise temporary detention in order to prevent the occurrence of a terrorist act or preserve evidence of, or relating to a recent terrorist act; and for other purposes, to which it desires the concurrence of the Legislative Council.

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

 

Message from
House of Assembly:
Terrorism
(Preventative
Detention) Bill.

 

 

 

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

 

 

 

  16.

Ordered - That the adjourned debate on the question - That the Terrorism (Police Powers) Bill be now read a second time - be now resumed.

                 Debate resumed.

                 Question put.

Terrorism (Police
Powers) Bill.

 

 

             Council divided:

Ayes, 18

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. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. A. J. Redford

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. N. Xenophon

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

      So it was resolved in the affirmative.

 

Noes, 3

The Hon. I. Gilfillan

The Hon. K. J. Reynolds

The Hon. S. M. Kanck (Teller)

 

 

 

 

                 Bill read a second time.

                 Ordered - That the Bill’s consideration in Committee be an Order of the Day for next day of sitting.

 

 

 

  17.

Ordered - That Orders of the Day (Government Business) No. 5 to No. 7 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

  18.

Ordered - That Orders of the Day (Government Business) No. 8 to No. 10 be postponed and taken into consideration after Order of the Day (Government Business) No. 12.

 

Postponement
of Business.

 

19.

On the Order of the Day being read for the adjourned debate on the question - That the Mile End Underpass 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. 10 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 without amendment; 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.

 

Mile End
Underpass Bill.

 

  20.

Ordered - That Order of the Day (Government Business) No. 8 be postponed and taken into consideration after Order of the Day (Government Business) No. 9.

 

Postponement
of Business.

 

  21.

On the Order of the Day being read for the adjourned debate on the question - That the Road Traffic (Drug Driving) 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.

 

Road Traffic
(Drug Driving)
Amendment Bill.

 

22.

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

 

In the Committee

 

                          Clause No. 1 further considered and agreed to.

                          Clauses No. 2 to No. 9 agreed to.

                          Schedule 1 agreed to.

                          Schedule 2 agreed to.

                          Schedule 3 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 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.

                 Question put.

Victoria Square Bill.

 

 

             Council divided:

Ayes, 11

The Hon. T. G. Cameron

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. T. G. Roberts

The Hon. R. K. Sneath

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

      So it was resolved in the affirmative.

 

Noes, 8

The Hon. J.S.L. Dawkins

The Hon. J.M.A. Lensink

The Hon. A. J. Redford

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. T. J. Stephens

The Hon. R. I. Lucas (Teller)

 

 

 

 

 

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

 

 

  23.

Ordered - That Order of the Day (Government Business) No. 10 be postponed and taken into consideration after Order of the Day (Government Business) No. 13.

 

Postponement
of Business.

 

  24.

On the Order of the Day being read for the adjourned debate on the question - That the Transplantation and Anatomy (Post-Mortem Examinations) 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.

 

Transplantation
and Anatomy
(Post-Mortem
Examinations)
Amendment Bill.

 

25.

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

Message No. 141

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith entitled an Act to amend the Criminal Law Consolidation Act 1935; the Criminal Law (Forensic Procedures) Act 1998; the Director of Public Prosecutions Act 1991; the Magistrates Court Act, 1991; and the Summary Procedure Act 1921, to which it desires the concurrence of the Legislative Council.

House of Assembly, 24 November 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. R. I. Lucas, the debate was adjourned until next day of sitting.

 

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

 

 

26.

On the Order of the Day being read for the adjourned debate on the question - That the Controlled Substances (Serious Drug 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.

 

Controlled Substance
(Serious Drug
Offences)
Amendment Bill.

 

27.

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

 

Postponement
of Business.

 

28.

Council adjourned at six minutes to six o’clock until Monday next 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. N. Xenophon

The Hon. C. Zollo