SOUTH AUSTRALIA]

No. 30

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

THURSDAY  26  MARCH  2009

 

 

 

 

   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 Minister for Mineral Resources Development (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.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Statutes Amendment (Prohibition of Human Cloning for Reproduction and Regulation of Research Involving Human Embryos) Bill.

 

In the Committee

 

                          Clause No. 7 further considered.

                 The Hon. R. L. Brokenshire moved on page 9, lines 7 to 10, to leave out the word “and” and paragraph (b).

                 Question - That the amendment be agreed to - put.

Statutes Amendment
(Prohibition of
Human Cloning for
Reproduction and
Regulation of
Research Involving
Human Embryos)
Bill.

 

             Committee divided:

Ayes, 8

The Hon. A. M. Bressington

The Hon. B. V. Finnigan

The Hon. D.G.E. Hood

The Hon. R. I. Lucas

The Hon. C. V. Schaefer

The Hon. T. J. Stephens

The Hon. C. Zollo

The Hon. R. L. Brokenshire (Teller)

 

 

 

 

      So it passed in the negative.

 

Noes, 12

The Hon. J. A. Darley

The Hon. J.S.L. Dawkins

The Hon. P. Holloway

The Hon. I. K. Hunter

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. M. C. Parnell

The Hon. D. W. Ridgway

The Hon. S. G. Wade

The Hon. D. N. Winderlich

The Hon. R. P. Wortley

The Hon. G. E. Gago (Teller)

 

 

 

                 The Hon. R. L. Brokenshire moved on page 9, lines 19 to 31, to leave out subsection (3) and the note appearing at the foot of that subsection.

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

 

 

                          Clause No. 7 agreed to.

                          Clauses No. 8 and No. 9 agreed to.

                          Clause No. 10 read.

                 The Hon. R. L. Brokenshire moved on page 12, line 4, before “A” to insert “(1)”.

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

                 The Hon. R. L. Brokenshire moved on page 12, line 12, to leave out “or” and insert “and” and lines 13 to 15, to leave out subparagraphs (iii) and (iv).

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

                 The Hon. R. L. Brokenshire moved on page 12, after line 21 to insert after the note:

     “(2)      A person commits an offence if—

      (a)       the person intentionally uses an embryo; and

      (b)      the embryo is—

       (i)       a human embryo created using precursor cells taken from a human embryo or a human fetus; or

      (ii)       a hybrid embryo.

Maximum penalty: Imprisonment for 5 years.

Note—

The creation or development of embryos mentioned in this subsection is prohibited under Part 2 of the Prohibition of Human Cloning for Reproduction Act 2003.”.

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

                          Clause No. 10 agreed to.

                          Clauses No. 11 and No. 12 agreed to.

                          Clause No. 13 read.

                 The Hon. R. L. Brokenshire moved on page 13, lines 25 and 26, to leave out paragraph (d) and lines 31 to 37, to leave out paragraph (f).

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

                          Clause No. 13 agreed to.

                          Clauses No. 14 to No. 22 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 State/Local Government Relations, 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 - That the Bill be now read a third time - put.

 

 

             Committee divided:

Ayes, 12

The Hon. J. A. Darley

The Hon. J.S.L. Dawkins

The Hon. J. M. Gazzola

The Hon. P. Holloway

The Hon. I. K. Hunter

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. M. C. Parnell

The Hon. D. W. Ridgway

The Hon. D. N. Winderlich

The Hon. R. P. Wortley

The Hon. G. E. Gago (Teller)

      So it was resolved in the affirmative.

 

Noes, 9

The Hon. A. M. Bressington

The Hon. B. V. Finnigan

The Hon. D.G.E. Hood

The Hon. R. I. Lucas

The Hon. C. V. Schaefer

The Hon. T. J. Stephens

The Hon. S. G. Wade

The Hon. C. Zollo

The Hon. R. L. Brokenshire (Teller)

 

 

 

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

 

    4.

Ordered - That Order of the Day (Government Business) No. 2 be postponed and taken into consideration on motion.

 

Postponement
of Business.

    5.

Ordered - That Orders of the Day (Government Business) No. 3 to No. 6 be postponed and taken into consideration after Order of the Day (Government Business) No. 7.

 

Postponement
of Business.

    6.

On the Order of the Day being read for the adjourned debate on the question - That the Mental Health 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.

 

Mental Health Bill.

    7.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Equal Opportunity (Miscellaneous) Amendment Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 4 agreed to.

                          Clause No. 5 read.

                 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.

 

Equal Opportunity
(Miscellaneous)
Amendment Bill.

   8.

At two 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.

 

   9.

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

         By the Hon. D.G.E. Hood from 939 residents of South Australia, concerning the Equal Opportunity (Miscellaneous) Amendment Bill.  The Petitioners pray that this Honourable House will call upon the State Government to support the amending of the Bill to ensure that their rights are protected.

Petitions:
No. 11 - Equal
Opportunity
(Miscellaneous)
Amendment Bill.

 

By the Hon. D. N. Winderlich from 21 residents of South Australia, concerning making voluntary euthanasia legal.  The Petitioners pray that this Honourable House will support a referendum on voluntary euthanasia at the next general election.

 

No. 12 - Referendum
on Voluntary
Euthanasia.

  10.

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

        By the President -

                 South Australian Ombudsman - Report, 2007-2008.

        By the Minister for Mineral Resources Development -

                 Adelaide Film Festival - Report, 2007-2008.

        By the Minister for State/Local Government Relations (The Hon. G. E. Gago) -

                 Natural Resources Management Council - Report, 2007-2008.

                 Measuring our Success - Progress Report, March 2009.

 

Papers.

  11.

The Minister for Mineral Resources Development by leave, tabled a copy of a Ministerial Statement made by the Treasurer (The Hon. K. O. Foley, M.P.) concerning the Commonwealth Guarantee of State Borrowing.

 

Ministerial
Statement Tabled.

  12.

The Hon. R. P. Wortley brought up the Report of the Natural Resources Committee on Water Resource Management in the Murray Darling Basin, Volume 1: “The Fellowship of the River”.

 

Natural Resources
Committee - Report
on Water Resource
Management in the
Murray Darling
Basin, Volume 1.

 

  13.

Ordered - That Orders of the Day (Government Business) No. 3 and No. 4 be postponed and taken into consideration after Order of the Day (Government Business) No. 5.

 

Postponement
of Business.

  14.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (Victims of Crime) 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
(Victims of Crime)
Bill.

  15.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Equal Opportunity (Miscellaneous) Amendment Bill.

 

In the Committee

 

                          Clause No. 5 further considered and agreed to.

                          Clause No. 6 agreed to.

                          Clause No. 7 postponed until after Clause No. 69.

                          Clauses No. 8 to No. 10 agreed to.

                          Clause No. 11 read.

                 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.

 

Equal Opportunity
(Miscellaneous)
Amendment Bill.

  16.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment and Repeal (Fair Trading) 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.

 

Statutes Amendment
and Repeal
(Fair Trading) Bill.

17.

Ordered - That Order of the Day (Government Business) No. 4 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 Public Sector Bill be now read a second time:

                 Debate resumed.

                 And the Hon. R. L. Brokenshire having obtained leave to conclude his remarks, the debate was adjourned until the next day of sitting.

 

Public Sector Bill.

19.

Ordered - That Order of the Day (Government Business) No. 8 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

  20.

On the Order of the Day being read for the adjourned debate on the question - That the Crown Land Management 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.

 

Crown Land
Management Bill.

21.

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

 

Postponement
of Business.

22.

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

Message No. 49

                 MR. PRESIDENT - The House of Assembly has agreed to the amendments made by the Legislative Council in the Child Sex Offenders Registration (Registration of Internet Activities) Amendment Bill, without any amendment.

House of Assembly, 26 March 2009.                                                         J. J. SNELLING, Speaker.

 

Message from
House of Assembly:
Child Sex Offenders
Registration
(Registration of
Internet Activities)
Amendment Bill.

 

23.

Ordered - That the Council, at its rising, do adjourn until Tuesday, 7 April 2009.

 

Next Day of Sitting.

24.

Council adjourned at eleven minutes to five o’clock until Tuesday, 7 April 2009, at fifteen minutes past two o’clock.

 

Adjournment.

 

_________________________

 

 

 

 

 

Members present during any part of the sitting:

 

 

 

The Hon. A. M. Bressington

The Hon. R. L. Brokenshire

The Hon. J. A. Darley

The Hon. J.S.L. Dawkins

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. 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. D. N. Winderlich

The Hon. R. P. Wortley

The Hon. C. Zollo