SOUTH AUSTRALIA]

No. 15

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  25  JULY  2007

 

 

 

   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 Hon. J. M. Gazzola brought up the Fifth Report, 2007, of the Legislative Review Committee.

Legislative
Review
Committee -
Third Report,
2007.

 

    3.

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

        By the Minister for Environment and Conservation (The Hon. G. E. Gago) -

                 Second Review of the National Environment Protection Council Acts (Commonwealth, State and Territory) - prepared for the National Environment Protection Council - June 2007.

                 South Australian Government’s Response to the 25th Report of the Social Development Committee (Fast Foods and Obesity Inquiry - July 2007).

                 Upper South East Dryland Salinity and Flood Management Act 2002 - Quarterly Report - 1 April 2007 - 30 June 2007.

 

Papers.

   4.

The Hon. J. M. Gazzola brought up the Report of the Aboriginal Lands Parliamentary Standing Committee on its Inquiry into the Impact of Australian Government Changes to Municipal Services Funding upon Four Aboriginal Communities in South Australia.

                 Ordered - That the Report be printed.  (Paper No. 191)

 

Aboriginal Lands
Parliamentary
Standing
Committee - Report
on Inquiry into the
Impact of Australian
Government
Changes to
Municipal Services
Funding upon Four
Aboriginal
Communities in
South Australia.

 

   5.

The Minister for Police, by leave, tabled a copy of a Ministerial Statement made by the Premier (The Hon. M. D. Rann, M.P.) concerning the Murray-Darling Basin Plan.

 

Ministerial
Statement Tabled.

   6.

In accordance with Sessional Standing Order, the President called on Members to make Statements on Matters of Interest.

 

Statements on
Matters of Interest.

   7.

Ordered - That Notice of Motion (Private Business) No. 1 be an Order of the Day for Wednesday next.

 

Postponement
of Business.

   8.

The Hon. M. C. Parnell, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Parliamentary Remuneration Act 1990.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. M. C. Parnell then moved - That this Bill be now read a second time.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday next.

 

Parliamentary
Remuneration
(Basic Salary
Determinations)
Amendment Bill.

   9.

Ordered - That Notice of Motion (Private Business) No. 3 be an Order of the Day for Wednesday next.

 

Postponement
of Business.

10.

The Hon. M. C. Parnell, pursuant to notice, moved - That this Council notes -

          “I.      the long running industrial dispute at Tristar Steering and Suspension Australia Limited; and

          II.      the location in Adelaide of the Company’s owners and directors,

        and calls on the Premier to convene a meeting of the parties to the dispute, with a view to assisting in its resolution.”.

                 On motion of the Minister for Environment and Conservation, the debate was adjourned until Wednesday next.

 

Industrial Dispute at
Tristar Steering
and Suspension
Australia Ltd. -
Motion re.

 

11.

The Hon. D.G.E. Hood, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Education Act 1972.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. D.G.E. Hood then moved - That this Bill be now read a second time.

                 On motion of the Hon. B. V. Finnigan, the debate was adjourned until Wednesday next.

 

Education (Parental
Notification of
Non-attendance)
Amendment Bill.

12.

Ordered - That Notice of Motion (Private Business) No. 6 be postponed and taken into consideration after Order of the Day (Private Business) No. 32.

 

Postponement
of Business.

13.

Ordered - That Order of the Day (Private Business) No. 1 be an Order of the Day for Wednesday next.

 

Postponement
of Business.

14.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. R. P. Wortley - That the Report of the Natural Resources Committee on Deep Creek be noted:

                 Debate resumed.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday next.

 

Natural Resources
Committee -
Report on Deep
Creek to be noted -
Motion re.

 

15.

On the Order of the Day being read for the adjourned debate on the question - That the Summary Offences (Piercing and Scarification) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday next.

 

Summary Offences
(Piercing and
Scarification)
Amendment Bill.

16.

Ordered - That Orders of the Day (Private Business) No. 4 to No. 7 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

17.

The Hon. A. M. Bressington, pursuant to notice, moved - That she have leave to introduce a Bill for an Act to amend the Summary Offences Act 1953.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. A. M. Bressington then moved - That this Bill be now read a second time.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday next.

 

Summary Offences
(Schoolies Events)
Amendment Bill.

18.

Ordered - That Orders of the Day (Private Business) No. 9 to No  13 be Orders of the Day for Wednesday next.

 

Postponement

of Business.

19.

On the Order of the Day being read for the adjourned debate on the question - That the Controlled Substances (Cultivation of Controlled Plants) Amendment Bill be now read a second time:

                 Debate resumed.

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

 

Controlled
Substances
(Cultivation of
Controlled Plants)
Amendment Bill.

 

20.

On the Order of the Day being read for the adjourned debate on the question - That the Gaming Machines (Hours of Operation) Amendment Bill be now read a second time:

                 Debate resumed.

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

 

Gaming Machines
(Hours of Operation)
Amendment Bill.

21.

On the Order of the Day being read for the adjourned debate on the question - That the Criminal Law Consolidation (Reasonable Chastisement of Children) Amendment Bill be now read a second time:

                 Debate resumed.

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

 

Criminal Law
Consolidation
(Reasonable
Chastisement
of Children)
Amendment Bill.

22.

Ordered - That Orders of the Day (Private Business) No. 17 and No. 18 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

23.

On the Order of the Day being read for the adjourned debate on the question - That the Summary Offences (Drug Testing on Arrest) Amendment Bill be now read a second time:

                 Debate resumed.

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

 

Summary Offences
(Drug Testing
on Arrest)
Amendment Bill.

24.

Ordered - That Orders of the Day (Private Business) No. 20 and No. 32 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

25.

At four minutes to six o’clock the sitting was suspended until the ringing of the bells.

                 At fifteen minutes to eight o’clock the sitting was resumed.

 

Suspension and
Resumption of
Sitting.

 

26.

The Hon. R. I. Lucas, pursuant to notice, moved - That this Council notes -

          “I.      That the Legislative Assembly in Western Australia, on 21 June 2007, agreed to the recommendations of a Privileges Committee into the leaking of a Chairman’s draft report of a Parliamentary Committee without authorisation of the Committee.

          II.      That the Legislative Assembly -

(a)        found the Chair of the Committee guilty of contempt of Parliament in that he had deliberately disclosed confidential proceedings of the Committee by releasing a Chairman’s draft report without authorisation;

(b)       disqualified the Chair of the Committee from membership of any Parliamentary Committee for the remainder of the 37th Parliament;

(c)        suspended the Chair of the Committee from the service of the House for a period of seven sitting weeks or 21 sitting days, whichever is the longer;

(d)       banned the Chair of the Committee from entering the Parliamentary precincts until the above suspension period had expired.

         III.      That the contents of this motion be conveyed to the Hon Russell Wortley, M.L.C., Chairman of the Select Committee on the Atkinson/Ashbourne/Clarke Affair.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday next.

 

Legislative Assembly
of
Western Australia
Privileges Committee
Report -
Motion re.

 

27.

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

Message No. 25

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Authorised Betting Operations Act 2000 and the Casino Act 1997, to which it desires the concurrence of the Legislative Council.

House of Assembly, 25 July 2007.                                                                   J. J. SNELLING, Speaker.

                 Bill read a first time.

                 The Minister for Police then moved - That this Bill be now read a second time.

                 On motion of the Hon. D. W. Ridgway, the debate was adjourned until next day of sitting.

 

Messages from
House of Assembly:
Statutes Amendment
(Investigation and
Regulation of
Gambling
Licensees) Bill.

 

 

Message No. 26

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Correctional Services Act 1982, without any amendment.

House of Assembly, 25 July 2007.                                                                   J. J. SNELLING, Speaker.

 

Correctional Services
(Miscellaneous)
Amendment Bill.

 

 

28.

On the Order of the Day being read for the adjourned debate on the question - That the Development (Regulated Trees) 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.

 

Development
(Regulated Trees)
Amendment Bill.

29.

On the Order of the Day being read for the adjourned debate on the question - That the Environment Protection (Site Contamination) Amendment Bill be now read a second time:

                 Debate resumed.

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

 

Environment
Protection (Site
Contamination)
Amendment Bill.

30.

Ordered - That Order of the Day (Government Business) No. 3 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

31.

Ordered - That Orders of the Day (Government Business) No. 4 and No. 5 be postponed and taken into consideration after Order of the Day (Government Business) No. 6.

 

Postponement
of Business.

32.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Criminal Assets Confiscation (Serious Offences) Amendment Bill.

 

In the Committee

 

                          Clause No. 1 read.

                 The Hon. R. D. Lawson moved on page 2, line 3, to leave out “Serious Offences” and insert “Miscellaneous”.

                 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.

 

Criminal Assets
Confiscation
(Serious Offenders)
Amendment Bill.

33.

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

 

Postponement
of Business.

34.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Julia Farr Services (Trusts) Bill.

 

In the Committee

 

                          Clause No. 1 further considered and agreed to.

                          Clause No. 2 agreed to.

                          Clause No. 3 amended and agreed to.

                          Clause No. 4 amended and agreed to.

                          Clause No. 5 amended and agreed to.

                          Clause No. 6 amended and agreed to.

                          New clause No. 6A inserted.

                          Clause No. 7 amended and agreed to.

                          New clause No. 8 inserted.

                          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 Police, 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 Police then 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.

 

Julia Farr Services
(Trusts) Bill.

35.

Ordered - That Order of the Day (Government Business) No. 4 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

36.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (Budget 2007) 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.

 

Statutes Amendment
(Budget 2007) Bill.

37.

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

 

Postponement
of Business.

38.

Ordered - That the Council, at tis rising, do adjourn until tomorrow at eleven o’clock a.m.

 

Next Day
of Sitting.

 

39.

Council adjourned at twenty minutes to eleven o’clock until tomorrow at eleven o’clock a.m.

 

Adjournment.

 

_________________________

 

 

 

 

 

Members present during any part of the sitting:

 

 

 

The Hon. A. M. Bressington

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. B. V. Finnigan

The Hon. G. E. Gago

The Hon. J. Gazzola

The Hon. D.G.E. Hood

 

The Hon. P. Holloway

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. N. Xenophon

The Hon. C. Zollo