SOUTH AUSTRALIA]

No. 54

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

THURSDAY  26  MAY  2005

 

 

 

   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 and Trade (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.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 7 be postponed and taken into consideration after Order of the Day (Government Business) No. 8.

 

Postponement
of Business.

 

   4.

On the Order of the Day being read for the adjourned debate on the question - That the Law Reform (Contributory Negligence and Apportionment of Liability) (Proportionate Liability) 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. 10 agreed to.

                          Clause No. 11 amended and agreed to.

                          Clause 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 with an amendment; whereupon the Council adopted such report.

                 The Minister for Industry and Trade, 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 Industry and Trade then moved - That this Bill be now read a third time.

                 Debate ensued.

                 Question put.

Law Reform
(Contributory
Negligence and
Apportionment of
Liability)
(Proportionate
Liability)
Amendment Bill.

 

 

 

             Council divided:

Ayes, 12

The Hon. T. G. Cameron

The Hon. J.S.L. Dawkins

The Hon. G. E. Gago

The Hon. R. D. Lawson

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. R. K. Sneath

The Hon. J. F. Stefani

The Hon. P. Holloway (Teller)

      So it was resolved in the affirmative.

 

Noes, 4

The Hon. A. L. Evans

The Hon. S. M. Kanck

The Hon. N. Xenophon

The Hon. I. Gilfillan (Teller)

 

 

 

                          Bill read a third time.

                          Resolved - That this Bill do now pass.

                

 

 

   5.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 7 and No. 9 be postponed and taken into consideration after Order of the Day (Government Business) No. 10.

 

Postponement
of Business.

 

   6.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (Sentencing of Sex Offenders) Bill be now read a second time:

                 Debate resumed.

                 And the Hon. R. D. Lawson having obtained leave to conclude his remarks, the debate was adjourned and ordered to be resumed on motion.

 

Statutes Amendment
(Sentencing of Sex
Offenders) Bill.

 

   7.

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.

 

    8.

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

        By the Minister for Industry and Trade (The Hon. P. Holloway) -

                Budget Overview - Building South Australia - 2005-2006 Budget Paper No. 1.

                Budget Speech - 2005-2006 Budget Paper No. 2.

                Budget Statement - 2005-2006 Budget Paper No. 3.

                Portfolio Statements -Volume 1 -2005-2006 Budget Paper No. 4.

                Portfolio Statements -Volume 2 -2005-2006 Budget Paper No. 4.

                Portfolio Statements -Volume 3 -2005-2006 Budget Paper No. 4.

                Capital Investment Statement - 2005-2006 Budget Paper No. 5.

                Regional Statement - 2005-2006 Budget Paper No. 6.

 

Papers.

 

   9.

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

Message No. 74

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith entitled an Act to amend the Motor Vehicles Act 1959, to which it desires the concurrence of the Legislative Council.

House of Assembly, 25 May 2005.                                                                            R. B. SUCH, Speaker.

                 Bill read a first time.

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

                 The Minister for Industry and Trade, 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.

                 Debate ensued.

                 And, fifteen minutes having elapsed, pursuant to Standing Order No. 458, Question put.

Message from
House of Assembly:
Motor Vehicles
(Double Demerit
Points) Amendment
Bill.

 

.

 

 

             Council divided:

Ayes, 4

The Hon. G. E. Gago

The Hon. R. K. Sneath

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

 

 

 

 

 

 

      So it passed in the negative.

 

Noes, 12

The Hon. T. G. Cameron

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. K. J. Reynolds

The Hon. D. W. Ridgway

The Hon. J. F. Stefani

The Hon. N. Xenophon

The Hon. C. V. Schaefer (Teller)

 

 

 

                 On motion of the Hon. C. V. Schaefer, the debate was adjourned until next day of sitting.

 

 

 

10.

Ordered - That the adjourned debate on the question - That the Statutes Amendment (Sentencing of Sex Offenders) Bill be now read a second time - be now resumed.

                 Debate resumed.

                 On motion of the Hon. A. L. Evans, the debate was adjourned until next day of sitting.

 

Statutes Amendment
(Sentencing of Sex
Offenders) Bill.

 

11.

Ordered - That Orders of the Day (Government Business) No. 1 and No. 2 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

12.

On the Order of the Day being read for the adjourned debate on the question - That the Physiotherapists Practice 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. 5 agreed to.

                          Clause No. 6 amended and agreed to.

                          New clause No. 6A inserted.

                          Clauses No. 7 to No. 35 agreed to.

                          Clause No. 36 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.

 

Physiotherapists
Practice Bill.

 

13.

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

 

Postponement
of Business.

 

14.

Council adjourned at thirty minutes past four o’clock until Monday next at fifteen minutes past two o’clock.

Adjournment.

 

 

_________________________

 

 

 

 

 

The Hon. T. G. Cameron

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. G. E. Gago

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. C. V. Schaefer

The Hon. R. K. Sneath

The Hon.  J. F. Stefani

The Hon. N. Xenophon

The Hon. C. Zollo

 

 

Member absent on leave - The Hon. T. G. Roberts