SOUTH AUSTRALIA]

No. 49

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY  25  MAY  2004

 

 

 

   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. 8.

                 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 present Session, viz.:

                 No. 11 of 2004 - An Act to amend Authorised Betting Operations Act 2000.

                 No. 12 of 2004 - An Act to amend the Consent to Medical Treatment and Palliative Care Act 1995.

                 No. 13 of 2004 - An Act to amend the Local Government Act 1999.

                 No. 14 of 2004 - An Act to amend the Meat Hygiene Act 1994.

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

25 May 2004.

 

Message from
Governor:
Assent to Bills.

 

    3.

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

        By the Minister for Industry, Trade and Regional Development

        (The Hon. P. Holloway) -

                 Reports, 2002-2003 -

                          Australian Crime Commission.

                          Electricity Industry Superannuation Scheme.

                          Tandanya.

                 Reports -

                          Interim Operation of Campbelltown (City) Development Plan - Tranmere and Poets Corner - Character Policy Areas Plan Amendment.

                          Interim Operation of the City of Burnside - Local Heritage Places Number 2 Plan Amendment.

                          Interim Operation of the City of Unley Development Plan - Hillsley Avenue, Everard Park Plan Amendment.

                          Interim Operation of the Hills Face Zone (Interim Operation) Plan Amendment.

                          Interim Operation of Port Pirie Regional Council - Heritage Plan Amendment.

                          Interim Operation of the Town of Gawler - Residential 1 Zone - Orderly Development Plan Amendment.

                 Regulations under the following Acts -

                          Liquor Licensing Act 1997 - Goolwa.

                          Motor Vehicles Act 1959 - Provisional Licence Exemption.

Papers.

 

 

                          Travel Agents Act 1986 - Travel Agent Exemptions.

                          Victims of Crime Act 2001 - Victim Compensation.

                 Rules of Court - Magistrates Court - Magistrates Court Act 1991 - Scale of Costs.

                 Summary Offences Act 1953 -

                          Section 83B - Dangerous Area Declarations.

                          Section 74B - Road Block Establishment Authorisations.

        By the Minister for Aboriginal Affairs and Reconciliation

        (The Hon. T. G. Roberts) -

                 Reports, 2002-2003 -

                          Citrus Board of South Australia.

                          Medical Board of South Australia.

                          North Western Adelaide Health Service.

                 Gene Technology Activities in 2003 - South Australian Government Report.

                 Regulations under the following Acts -

                          Industrial and Employee Relations Act 1994 - Chief Executive.

                          Workers Rehabilitation and Compensation Act 1986 - Scales of Charges.

 

 

 

   4.

The Minister for Aboriginal Affairs and Reconciliation tabled a copy of a Ministerial Statement made by the Minister for Families and Communities (The Hon. J. Weatherill, M.P.) concerning the Establishment of a Child Death and Serious Injury Review Committee.

 

Ministerial
Statement Tabled.

 

   5.

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. F. Stefani to ask a supplementary question of 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.

 

   6.

The Minister for Aboriginal Affairs and Reconciliation, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Pitjantjatjara Land Rights Act 1981.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Minister for Aboriginal Affairs and Reconciliation then moved - That this Bill be now read a second time.

                 On motion of the Hon. R. D. Lawson, the debate was adjourned until next day of sitting.

 

Pitjantjatjara
Land Rights
(Executive Board)
Amendment Bill.

 

   7.

The Minister for Aboriginal Affairs and Reconciliation, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Pitjantjatjara Land Rights Act 1981.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Minister for Aboriginal Affairs and Reconciliation then moved - That this Bill be now read a second time.

                 On motion of the Hon. R. D. Lawson, the debate was adjourned until next day of sitting.

 

Pitjantjatjara
Land Rights
(Regulated
Substances)
Amendment Bill.

 

   8.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 9 be postponed and taken into consideration after Orders of the Day (Government Business) No. 11.

 

Postponement
of Business.

 

   9.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of Message No. 69 from the House of Assembly relating to the Statutes Amendment (Intervention Programs and Sentencing Procedures) Bill.

 

In the Committee

 

                 Amendments Nos. 1 to 3 disagreed to by the House of Assembly considered.

                 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.

 

Statutes
Amendment
(Intervention
Programs and
Sentencing
Procedures) Bill.

 

10.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of Message No. 70 from the House of Assembly relating to the Gas (Temporary Rationing) Amendment Bill.

 

In the Committee

 

                          Resolved - That the amendment be agreed to.

_____________________

 

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

 

Gas (Temporary
Rationing)
Amendment Bill.

 

11.

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

 

Postponement
of Business.

 

12.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of Dog and Cat Management (Miscellaneous) Amendment Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 6 agreed to.

                          Clause No. 7 read.

                 The Hon. I. Gilfillan moved on page 5, line 10, to leave out all words in this line and insert the following:

                          “(1)  Section 7(1)(b)—delete paragraph (b) and substitute:”.

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

                          Clause No. 7 agreed to.

                          Clauses No. 8 to No. 12 agreed to.

                          Clause No. 13 amended and agreed to.

                          Clauses No. 14 and No. 15 agreed to.

                          Clause No. 16 amended and agreed to.

                          Clauses No. 17 and No. 18 agreed to.

                          Clause No. 19 amended and agreed to.

                          Clauses No. 20 to No. 22 agreed to.

                          Clause No. 23 amended and agreed to.

                          Clauses No. 24 to No. 27 agreed to.

                          Clause No. 28 read.

                 The Minister for Aboriginal Affairs and Reconciliation moved on page 13, lines 26 to 35, to leave out subsection (3) and insert the following:

                          “(3)  A person who is guilty of an aggravated offence against this section is, on conviction, liable to a monetary penalty not exceeding double the monetary penalty, or imprisonment for a term not exceeding double the term, that would otherwise apply under this section for that offence.”.

                 The Hon. C. V. Schaefer moved on page 13, lines 30 and 31, to leave out paragraph (b).

                 Question - That all words in subsection (3) from the beginning down to and including paragraph (a), stand as printed - put and passed.

                 Question - That the amendment moved by the Hon. C. V. Schaefer be agreed to - put and passed.

                 The Hon. I. Gilfillan moved on page 16, lines 14 to 31, to leave out proposed new section 45C.

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

                          Clause No. 28, as amended and otherwise amended, agreed to.

                          Clauses No. 29 to No. 40 agreed to.

                          Clause No. 41 struck out.

                          Clauses No. 42 to No. 44 agreed to.

                          Clause No. 45 amended and agreed to.

                          Schedule agreed to.

                          Title agreed to.

_____________________

 

Dog and Cat
Management
(Miscellaneous)
Amendment Bill.

 

 

                 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.

                 Question put and passed.

                 The Minister for Aboriginal Affairs and Reconciliation 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.

 

 

 

13.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of Message No. 69 from the House of Assembly relating to the Statutes Amendment (Intervention Programs and Sentencing Procedures) Bill.

 

In the Committee

 

                 Amendments Nos. 1 to 3 disagreed to by the House of Assembly further considered.

                 Question - That Amendments No. 1 and No. 2 be insisted on - put and passed.

                 The Minister for Industry, Trade and Regional Development moved - That Amendment No. 3 be not insisted.

                 Question  - That Amendment No. 3 be insisted on - put.

Statutes
Amendment
(Intervention
Programs and
Sentencing
Procedures) Bill.

 

 

             Committee divided:

Ayes, 10

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. S. M. Kanck

The Hon. K. J. Reynolds

The Hon. T. G. Roberts

The Hon. R. K. Sneath

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

 

_____________________

 

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

 

.

 

14.

The Minister for Aboriginal Affairs and Reconciliation, according to order, moved - That the Gaming Machines (Extension of Freeze) Amendment Bill be now read a second time.

                 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.

                 Debate ensued.

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

 

Gaming Machine
(Extension of Freeze)
Amendment Bill.

 

 

15.

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

 

Postponement
of Business.

 

16.

Council adjourned at twenty-three 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. 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. C. Zollo

The Hon. N. Xenophon