SOUTH AUSTRALIA]

No. 57

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

FRIDAY  25  JUNE  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.

The Minister for Industry, Trade and Regional 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 Statutes Amendment (Intervention Programs and Sentencing Procedures) Bill.

                 Question put and passed.

 

Statutes Amendment
(Intervention
Programs and
Sentencing
Procedures) Bill.

 

   3.

The Minister for Aboriginal Affairs and Reconciliation (The Hon. T. G. Roberts) by leave, without notice, moved - That the sitting of the Council be not suspended during the continuation of the Conference on the Health and Community Services Complaints Bill.

                 Question put and passed.

 

Health and
Community Services
Complaints Bill.

 

   4.

The Minister for Industry, Trade and Regional 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.

 

   5.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 11 be postponed and taken into consideration after Order of the Day (Government Business) No. 12.

 

Postponement
of Business.

 

   6.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (Budget 2004) 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. 8 agreed to.

                 The Hon. I. Gilfillan moved on page 3, after line 26, that it be a suggestion to the House of Assembly to insert new clauses as follow:

Statutes Amendment
(Budget 2004) Bill.

 

 

             8A—Amendment of section 11A—Deduction from taxable wages

Section 11A(1), definition of prescribed amount, (a)—delete subparagraph (iv) and substitute:

                                    (iv)      commencing on or after 1 July 2002 and ending before 1 July 2004, means $42 000;

      (v)      commencing on or after 1 July 2004, means $72 000;

8B—Amendment of section 13A—Meaning of prescribed amount

          (1)     Section 13A(2)(c)—delete "a financial year commencing on or after 1 July 2002" and substitute:

                   a financial year commencing on 1 July 2002 or 1 July 2003

          (2)     Section 13A(2)(c)—after the second dot point in A insert:

                      •     in relation to a financial year commencing on or after 1 July 2004—$864 000

8C—Amendment of section 18K—Interpretation

(1)     Section 18K(2)(c)—delete "a financial year commencing on or after 1 July 2002" and substitute:

         a financial year commencing on 1 July 2002 or 1 July 2003

(2)     Section 18K(2)(c)—after the second dot point in A insert:

                      •     in relation to a financial year commencing on or after 1 July 2004—$864 000”.

                 Question - That it be a suggestion to the House of Assembly to amend the Bill by inserting new clauses 8A, 8B and 8C - put.

 

 

 

             Committee divided:

Ayes, 3

The Hon. S. M. Kanck

The Hon. J. F. Stefani

The Hon. I. Gilfillan (Teller)

 

 

 

 

 

 

 

 

 

        So it passed in the negative.

 

Noes, 12

The Hon. T. G. Cameron

The Hon. J.S.L. Dawkins

The Hon. J. M. Gazzola

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. R. K. Sneath

The Hon. Xenophon

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

                          Clauses No. 9 to No. 12 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, Trade and Regional 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.

 

 

 

    7.

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

Message No. 87

                 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 2005 and for other purposes, to which it desires the concurrence of the Legislative Council.

House of Assembly, 24 June 2004.                                                      I. P. LEWIS, Speaker.

                 Bill read a first time.

                 The Minister for Industry, Trade and Regional Development 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:
Appropriation Bill.

 

 

   8.

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.

 

    9.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Natural Resources Management Bill.

 

In the Committee

 

                          Clause No. 108, which the Hon. C. V. Schaefer had moved to amend on page 93, line 6, by leaving out “Treasurer” and inserting “Auditor-General”- further considered.

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

                          Clause No. 108 agreed to.

                          Clauses No. 109 to No. 115 agreed to.

                          Clause No. 116 amended and agreed to.

                          Clauses No. 117 to No. 122 agreed to.

                          Clause No. 123 amended and agreed to.

                          Clause No. 124 read.

                 The Hon. S. M. Kanck moved on page 103, after line 28, to insert new subclauses as follow:

“(5a)    Despite a preceding subsection, subsection (1) does not apply to the taking of water from a watercourse that is not prescribed and that is running through local government land under the Local Government Act 1999 unless—

(a)    the council for the area is taking the water; or

(b)    the person taking the water is acting under (and in accordance with) an authorisation issued by the council for the area where the watercourse is situated; or

(c)    the person taking the water is the occupier of land that adjoins the watercourse and—

(i)      the water is to be used by the person for domestic purposes or for watering stock (other than stock subject to intensive farming); and

(ii)     the rate of taking of the water does not exceed the rate prescribed by the regulations.

(5b)      A regulation cannot be made for the purposes of paragraph (c) of subsection (5a) unless the Minister has given the LGA notice of the proposal to make a regulation under that paragraph and given consideration to any submission made by the LGA within a period (of at least 21 days) specified by the Minister.”.

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

                          Clause No. 124 agreed to.

                          Clause No. 125 agreed to.

                          Clause No. 126 read.

                 The Hon. C. V. Schaefer moved on page 105, line 5, to leave out “or (f)”.

                 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.

 

Natural Resources Management Bill.

 

  10.

At 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.

 

11.

The Minister for Aboriginal Affairs and Reconciliation tabled a copy of a Ministerial Statement made by the Minister for Health (The Hon. L. Stevens, M.P.) concerning a Question during the Estimates Committees relating to Mobile Counselling Services.

 

Ministerial
Statement Tabled.

 

12.

The Minister for Aboriginal Affairs and Reconciliation tabled a copy of a Ministerial Statement made by the Minister for Health concerning a Question during the Estimates Committees relating to the Nurses Enterprise Bargaining Agreement.

 

Ministerial
Statement Tabled.

 

13.

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 complete his question to 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.

 

  14.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Natural Resources Management Bill.

 

In the Committee

 

                          Clause No. 126 which the Hon. C. V. Schaefer had moved to amend on page 105, line 5 by leaving out “or (f)”- further considered.

                 Question - That the amendment be agreed to - put.

Natural Resources
Management Bill.

 

 

             Committee divided:

Ayes, 7

The Hon. J.S.L. Dawkins

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. A. J. Redford

The Hon. D. W. Ridgway

The Hon. J. F. Stefani

The Hon. C. V. Schaefer (Teller)

 

 

 

        So it passed in the negative.

 

Noes, 10

The Hon. T. G. Cameron

The Hon. J. M. Gazzola

The Hon. I. Gilfillan

The Hon. P. Holloway

The Hon. S. M. Kanck

The Hon. K. J. Reynolds

The Hon. R. K. Sneath

The Hon. Xenophon

The Hon. C. Zollo

The Hon. T. G. Roberts (Teller)

 

 

                          Clause No. 126 agreed to.

                          Clause No. 127 read.

                 The Hon. C. V. Schaefer moved on page 107, line 3, to leave out paragraph (k).

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

                 The Hon. C. V. Schaefer moved on page 107, line 16, to leave out “$70 000” and insert “$55 000”.

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

                          Clause No. 127 otherwise amended and agreed to.

                          Clauses No. 128 to No. 145 agreed to.

                          Clause No. 146 read.

                 The Hon. C. V. Schaefer moved on page 121, line 4, to leave out paragraph (e).

                 The Minister for Aboriginal Affairs and Reconciliation moved on page 121, line 4, to leave out paragraph (e) and insert new paragraph as follows:

                          “(e)  on any other reasonable ground.”.

                 Question - That paragraph (e) stand as printed - put and negatived.

                 Question - That new paragraph (e), as proposed to be inserted by the Minister for Aboriginal Affairs and Reconciliation, be so inserted - put and passed.

                 The Hon. C. V. Schaefer moved on page 121, lines 28 to 31, to leave out subparagraph (ii).

                 The Minister for Aboriginal Affairs and Reconciliation moved on page 121, line 29, after “purpose for which the water can be used” to insert “(including a purpose that relates to the use of water for a particular crop)”.

                 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 next day of sitting.

 

 

 

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.

Ordered - That the Council, at its rising, do adjourn until Wednesday, 30 June 2004, at fifteen minutes past two o’clock.

 

Next Day
of Sitting.

 

17.

Council adjourned twenty-six minutes to six o’clock until Wednesday, 30 June 2004, 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. 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. C. Zollo

The Hon. N. Xenophon