SOUTH AUSTRALIA]

No. 22

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY  25  SEPTEMBER  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.

A Messenger from the Governor having been announced by Black Rod, the following Message was received and read:

Message No. 6.

                 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 Second Session of the 51st Parliament, viz.:

                 No. 34 of 2007 - An Act to construe certain testamentary dispositions, trusts and gifts in favour of the Home for Incurables, the Julia Farr Centre or Julia Farr Services in favour of Julia Farr Association; and for other purposes.

                 No. 35 of 2007 - An Act to amend the Controlled Substances Act 1984 and the Petroleum Products Regulation Act 1995.

Government House, Adelaide, 25 September 2007.                                 KEVIN SCARCE, Governor.

 

Message from
Governor:
Assent to Bills.

 

   3.

The Hon. R. P. Wortley brought up the following Reports of the Natural Resources Committee -

                 Annual Report, 2006-2007.

                 Reports on Natural Resources Management Boards Levy Proposals, 2007-2008 -

                          Eyre Peninsula.

                          Kangaroo Island.

                          Northern and Yorke.

                          South East.

 

Natural Resources
Committee - Annual
Report, 2006-2007,
and Reports on
Natural Resources
Management Boards
Levy Proposals,
2007-2008.

 

 

   4.

The Hon. B. V. Finnigan brought up the Report of the Occupational Safety, Rehabilitation and Compensation Committee on its Inquiry into the Law and Processes Relating to Workplace Injuries and Death in South Australia.

 

Occupational Safety,
Rehabilitation and
Compensation
Committee - Report
on Inquiry into the
Law and Processes
Relating to
Workplace Injuries
and Death in
South Australia.

 

 

    5.

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

        By the Minister for Police (The Hon. P. Holloway) -

                 Leases of Properties held by Commissioner of Highways - Report.

                 Regulation under the following Act -

                          Associations Incorporation Act 1985 - Prescribed Association.

                 Rules of Court -

                          Supreme Court - Supreme Court Act 1935 -

                                   Corporations.

                                   Criminal Appeal.

                                   Domestic Partner.

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

                 Local Government Election Report, November 2006.

                 District Council By-law - Renmark Paringa -

                          No. 8 - Cats.

                 Regulations under the following Acts -

                          Environment Protection Act 1993 - Prescribed Bodies.

                          Liquor Licensing Act 1997 - Spalding Rodeo.

 

Papers.

 

   6.

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 Drought and the Plight of South Australian Farmers.

 

Ministerial
Statement Tabled.

 

   7.

The Minister for Police, without notice, moved - That the Standing Orders be so far suspended as to enable him to move for the substitution, by motion, of a Member on the Budget and Finance Committee.

                 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.

 

 

 

                 The Minister for Police then moved - That the Hon. B. V. Finnigan be substituted in the place of the Hon. J. M. Gazzola, resigned, on the Budget and Finance Committee.

                 Question put and passed.

 

Budget and Finance
Committee -
Substitution of
Member.

 

 

   8.

The Minister for Environment and Conservation, pursuant to notice, moved - That she have leave to introduce a Bill for an Act to amend the Tobacco Products Regulation Act 1997.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Minister for Environment and Conservation 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.

 

Tobacco Products
Regulation
(Miscellaneous)
Amendment Bill.

 

   9.

Ordered - That Order of the Day (Government Business) No. 1 be postponed and taken into consideration on motion.

 

Postponement
of Business.

 

10.

Ordered - That Orders of the Day (Government Business) No. 2 to No. 4 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

11.

Ordered - That Orders of the Day (Government Business) No. 5 to No. 11 be postponed and taken into consideration after Order of the Day (Government Business) No. 12.

 

Postponement
of Business.

 

12.

On the Order of the Day being read for the adjourned debate on the question - That the South Australian Ports (Disposal of Maritime Assets) (Miscellaneous) Amendment 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. 7 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 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.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

South Australian
Ports (Disposal of
Maritime Assets)
(Miscellaneous)
Amendment Bill.

 

13.

On the Order of the Day being read for the adjourned debate on the question - That the Marine Parks Bill be now read a second time:

                 Debate resumed.

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

 

Marine Parks Bill.

 

14.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (Transition to Retirement - State Superannuation) 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
(Transition to
Retirement - State
Superannuation) Bill.

 

15.

Ordered - That Order of the Day (Government Business) No. 7 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

 

16.

On the Order of the Day being read for the adjourned debate on the question - That the West Beach Recreation Reserve (Boating Facilities) Amendment 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. 4 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 without amendment; 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.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

West Beach
Recreation Reserve
(Boating Facilities)
Amendment Bill.

 

17.

Ordered - That Order of the Day (Government Business) No. 9 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

 

18.

On the Order of the Day being read for the adjourned debate on the question - That the Collections for Charitable Purposes (Miscellaneous) Amendment Bill be now read a second time:

                 Debate resumed.

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

 

Collections for
Charitable Purposes
(Miscellaneous)
Amendment Bill.

 

19.

On the Order of the Day being read for the adjourned debate on the question - That the Penola Pulp Mill Authorisation Bill be now read a second time:

                 Debate resumed.

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

 

Penola Pulp Mill
Authorisation Bill.

 

20.

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

 

Postponement
of Business.

 

21.

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

Message No. 35

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Bail Act 1985, the Correctional Services Act 1982; the Evidence Act 1929; the Victims of Crime Act 2001; and the Youth Court Act 1993, to which it desires the concurrence of the Legislative Council.

House of Assembly, 13 September 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. S. G. Wade, the debate was adjourned until next day of sitting.

 

Message from
House of Assembly:
Statutes Amendment
(Victims of Crime) 
Bill.

 

 

 

22.

Council adjourned at twenty-nine 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. 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. M. Gazzola

The Hon. P. Holloway

 

The Hon. D.G.E. Hood

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. T. J. Stephens

The Hon. S. G. Wade

The Hon. R. P. Wortley

The Hon. N. Xenophon

The Hon. C. Zollo