SOUTH AUSTRALIA]

No. 83

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

THURSDAY  26  JUNE  2003

 

 

 

   1.

Council met pursuant to adjournment.  The President (The Hon. R. R. Roberts) 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. 11.

                 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 present Session, viz.:

                 No. 6 of 2003 - An Act to amend the Constitution Act 1934.

                 No. 7 of 2003 - An Act to amend the Gaming Machines Act 1992.

                 No. 8 of 2003 - An Act to amend the Harbors and Navigation Act 1993, the Motor Vehicles Act 1959 and the Road Traffic Act 1961.

                 No. 9 of 2003 - An Act to amend the Gas Act 1997, the Gas Pipelines Access (South Australia) Act 1997, the Electricity Act 1996 and the Local Government Act 1999.

                 No. 10 of 2003 - An Act to make provision relating to higher education, vocational education and training and adult community education; to establish the Training and Skills Commission; to repeal the Vocational Education, Employment and Training Act 1994; and for other purposes.

                 No. 11 of 2003 - An Act for the appropriation of money from the Consolidated Account for the financial year ending 30 June 2004.

                 No. 12 of 2003 - An Act to amend the Mining Act 1971 and the Opal Mining Act 1995.

                 No. 13 of 2003 - An Act to amend the Parliamentary Superannuation Act 1974, the Police Superannuation Act 1990, the Southern State Superannuation Act 1994 and the Superannuation Act 1988.

                 No. 14 of 2003 - An Act to amend the Criminal Law Consolidation Act 1935.

                 No. 15 of 2003 - An Act to amend the Water Resources Act 1997 and the Waterworks Act 1932.

                 No. 16 of 2003 - An Act to amend the Legal Practitioners Act 1981.

                 No. 17 of 2003 - An Act to prohibit human cloning and other unacceptable practices associated with reproductive technology and for other purposes.

                 No. 18 of 2003 - An Act to regulate certain activities involving the use of human embryos and other related activities; to amend the Reproductive Technology Act 1988; and for other purposes.

                 No. 19 of 2003 - An Act to amend the Shop Trading Hours Act 1977 and to make related amendments to the Retail and Commercial Leases Act 1995.

Government House, Adelaide, 26 June 2003.   MARJORIE JACKSON-NELSON, Governor.

 

Message from
Governor:
Assent to Bills.

 

  3.

The President informed the Council that he held a Commission from Her Excellency the Governor authorising him to administer the Oath or Affirmation to Members of the Legislative Council.

 

Commission
to Swear.

 

  4.

The President produced a letter from the Clerk of the Assembly notifying that the Assembly of Members of both Houses of Parliament had elected Ms. J.M.A. Lensink to fill the vacancy in the Legislative Council caused by the resignation of the Hon. D. V. Laidlaw.

                 The Oath of Allegiance was then administered to, and subscribed by, the Hon. J.M.A. Lensink who then signed the Roll pursuant to Standing Order No. 28.

 

Notification of
Election of
New Member -
Member Sworn -
Hon. J.M.A. Lensink.

 

  5.

The President laid on the Table the Minutes of the Assembly of Members of the two Houses held on Thursday, 26 June 2003, to fill a vacancy in the Legislative Council caused by the resignation of the Hon. D. V. Laidlaw.

                 Ordered - That the Minutes of the Assembly of Members be printed.  (Paper No. 218)

 

Legislative
Council Vacancy.
Assembly of
Members of the
two Houses -
Minutes.

 

   6.

Answer to Question on Notice No. 253 received this day was tabled by the President who directed that it be distributed and printed in Hansard.

 

Answer to
Question on
Notice.

 

    7.

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

        By the Minister for Agriculture, Food and Fisheries (The Hon. P. Holloway) -

                 Regulations under the following Acts -

                          Fisheries Act 1982 -

                                   Commercial Fees.

                                   Crab Net.

                          Meat Hygiene Act 1994 - Fees.

                          Primary Industry Funding Schemes Act 1998 - McLaren Vale Grape and Wine Group.

                          Public Corporations Act 1993 - Industrial and Commercial Premises Corp.

                          Senior Secondary Assessment Board of South Australia Act 1983 - Curriculum Statements.

        By the Minister for Aboriginal Affairs and Reconciliation (The Hon. T. G. Roberts) -

                 Regulations under the following Acts -

                          Co-operatives Act 1997 - Corporations Act Application.

                          Dental Practice Act 2001 - Supervision Requirements.

                          Medical Practitioners Act 1983 - Practice Fee.

                          South Australian Health Commission Act 1976 - Medicare Patient Fees.

                          Statutes Law Revision Regulations - Acts (Various) - Clerical Amendments.

                          Training and Skills Development Act 2003 - Recognition Services.

                 Rules of Court -

                          Supreme Court - Supreme Court Criminal Rules 1992 - Questionnaire Deleted.

                          Supreme Court - Supreme Court Rules 1987 - E-filing Pilot.

                 Third Party Premiums Committee - Determination.

                 National Parks and Wildlife Act 1972 - Proclamation - Nene Valley Conservation Park.

                 Operation of the City of Playford - Buckland Park and Environs Plan Amendment - Interim Report.

                 Operation of the City of West Torrens - Flood Prone Areas Plan Amendment - Interim Report.

                 Response by the Minister for Health to recommendations by the Sixteenth Report of the Social Development Committee - Inquiry into Attention Deficit Hyperactivity Disorder.

 

Papers.

 

   8.

The Minister for Agriculture, Food and Fisheries tabled a Ministerial Statement made by the Minister for Police (The Hon. K. O. Foley, M.P.) concerning Mobile Radar Clarification.

 

Paper Tabled.

 

   9.

The Minister for Agriculture, Food and Fisheries tabled a Ministerial Statement made by the Deputy Premier (The Hon. K. O. Foley, M.P.) concerning a question asked by the Member for Wright relating to the Cora Barclay Centre.

 

Paper Tabled.

 

10.

The Minister for Agriculture, Food and Fisheries tabled a Ministerial Statement made by the Deputy Premier concerning questions asked by the Member for Bragg.

 

Paper Tabled.

 

11.

The Minister for Agriculture, Food and Fisheries tabled a Ministerial Statement made by the Deputy Premier concerning the Cora Barclay Centre.

 

Paper Tabled.

 

12.

The Minister for Aboriginal Affairs and Reconciliation tabled a Ministerial Statement made by the Minister for Gambling (The Hon. J. Weatherill, M.P.) concerning Corrections to Information provided to the Estimates Committees.

 

Paper Tabled.

 

13.

The Minister for Aboriginal Affairs and Reconciliation tabled a Ministerial Statement made by the Attorney-General (The Hon. M. J. Atkinson, M.P.) concerning Rowan v Cornwall.

 

Paper Tabled.

 

14.

The Minister for Aboriginal Affairs and Reconciliation tabled a Ministerial Statement made by the Minister for Health (The Hon. L. Stevens, M.P.) concerning the Generational Health Review Report.

 

Paper Tabled.

 

15.

The Minister for Aboriginal Affairs and Reconciliation tabled a Ministerial Statement made by the Minister for Transport (The Hon. M. J. Wright, M.P.) concerning the State Level Crossing Safety Strategy Advisory Committee.

 

Paper Tabled.

 

16.

The Minister for Agriculture, Food and Fisheries tabled a Ministerial Statement made by the Minister for Emergency Services (The Hon. P. F. Conlon, M.P.) concerning a question asked in the Estimates Committees relating to the State Rescue Helicopter Service.

 

Paper Tabled.

 

17.

The Minister for Agriculture, Food and Fisheries tabled a Ministerial Statement made by the Minister for Police concerning the 2003 Police Cadet Intake.

 

Paper Tabled.

 

18.

The Minister for Aboriginal Affairs and Reconciliation tabled a Ministerial Statement made by the Minister for Environment and Conservation (The Hon. J. Hill, M.P.) concerning the Disposal of Radioactive Waste to Landfill.

 

Paper Tabled.

 

19.

The Minister for Aboriginal Affairs and Reconciliation tabled a Ministerial Statement made by the Minister for Environment and Conservation concerning the South East Water Holding Licence.

 

Paper Tabled.

 

20.

The Minister for Aboriginal Affairs and Reconciliation tabled a Ministerial Statement made by the Minister for Environment and Conservation concerning a Stranded Shark Vessel off the Young Husband Peninsula.

 

Paper Tabled.

 

21.

The Hon. A. L. Evans, whilst asking a Question, by leave, tabled a copy of a document from the Department of Education and Children’s Services titled “Research Ethics - Statement of Principles”.

 

Document Tabled.

 

22.

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.

 

23.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Chicken Meat Industry Bill.

 

In the Committee

 

                          Clause No. 1 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.

 

Chicken Meat
Industry Bill.

 

24.

Ordered - That Orders of the Day (Government Business) No. 4 and No. 5 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

25.

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

 

Postponement
of Business.

 

26.

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

                 Debate resumed.

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

 

Coroners Bill.

 

27.

Ordered - That Order of the Day (Government Business) No. 6 be postponed and taken into consideration after Order of the Day (Government Business) No. 8.

 

Postponement
of Business.

 

28.

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

                 Debate resumed.

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

 

Criminal Law
(Sentencing)
(Serious Repeat
Offenders)
Amendment Bill.

 

29.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the River Murray Bill.

 

In the Committee

 

                          Clause No. 18, which the Minister for Aboriginal Affairs and Reconciliation had moved to amend on page 22, line 31, by leaving out “must” and inserting “should take reasonable steps to” - further considered.

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

                          Clause No. 18, as amended, agreed to.

                          Clauses No. 19 to No. 21 agreed to.

                          Clause No. 22 amended and agreed to.

                          Clauses No. 23 to No. 25 agreed to.

                          Clause No. 26 amended.

                          Clauses No. 27 to No. 42 agreed to.

                          Schedule agreed to.

                 The Hon. C. V. Schaefer moved on page 48, lines 36 to 38, to leave out paragraph (b) and the word “and” immediately preceding that paragraph and on page 48, after line 38, to insert the following:

                  “(4) If a proposal to grant a licence is referred to the Minister to whom the administration of the River Murray Act 2002 is committed under subsection (3) and the Minister to whom the administration of this Act is committed and that other Minister cannot agree—

         (a)    on whether a licence should be granted; or

         (b)    if a licence is granted, on the conditions to which the licence should be subject,

the Ministers must take steps to refer the matter to the Governor and the Governor will determine the matter (and any decision taken by the Governor will be taken to be a decision of the Minister under this Act).;”

                 and on page 49, lines 10 and 12, to leave out paragraph (b) and the word “and” immediately preceding that paragraph and on page 49, after line 12, to insert the following:

                  “(5) If a proposal to grant a renewal of a licence is referred to the Minister to whom the administration of the River Murray Act 2002 is committed under subsection (4) and the Minister to whom the administration of this Act is committed and that other Minister cannot agree—

         (a)    on whether a renewal should be granted; or

         (b)    if a renewal is granted, on the conditions to which the relevant licence should be subject,

the Ministers must take steps to refer the matter to the Governor and the Governor will determine the matter (and any decision taken by the Governor will be taken to be a decision of the Minister under this Act).;”

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

                 The Hon. C. V. Schaefer moved on page 49, lines 28 to 33, to leave out paragraph (d) and insert the following:

                          “(d) by inserting after subsection (2) of section 24 the following subsection:

                                               (3) The Minister must, in relation to the preparation of an amendment by a council or the Minister under subsection (1) that relates to a Development Plan or Development Plans that relate (wholly or in part) to any part of the Murray‑Darling Basin, consult with the Minister for the River Murray.;”

        and on page 49, lines 34 to 38, and on page 50, lines 1 to 21, to leave out paragraphs (e) to (l).

                 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.

 

River Murray Bill.

 

30.

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

                 Debate resumed.

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

 

Criminal Law
Consolidation
(Self Defence)
Amendment Bill.

 

31.

On the Order of the Day being read for the adjourned debate on the question - That the Aboriginal Lands Parliamentary Standing Committee 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. 28 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 Aboriginal Affairs and Reconciliation, 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 Aboriginal Affairs and Reconciliation then moved - That the 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.

 

Aboriginal Lands
Parliamentary
Standing Committee
Bill.

 

32.

The Minister for Agriculture, Food and Fisheries moved - That the Council, at its rising, do adjourn until Monday, 7 July 2003, at fifteen minutes past two o’clock.

                 Debate ensued.

                 Question put and passed.

 

Next Day
of Sitting.

 

33.

Council adjourned at eight minutes to six o’clock until Monday, 7 July 2003, at fifteen minutes past two o’clock.

 

Adjournment.

 

 

_________________________

 

 

 

 

 

 

Members present during any part of the sitting:

 

 

 

 

The Hon. T. G. Cameron

The Hon. A. L. Evans

The Hon. G. E. Gago

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. T. J. Stephens

The Hon. C. Zollo

The Hon. N. Xenophon