SOUTH AUSTRALIA]

No. 16

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

THURSDAY  26  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 Minister for Police (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 Order of the Day (Government Business) No. 1 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

   4.

Ordered - That Order of the Day (Government Business) No. 2 be postponed and taken into consideration after Order of the Day (Government Business) No. 3.

 

Postponement
of Business.

   5.

On the Order of the Day being read for the adjourned debate on the question - That the Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) 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 and No. 2 agreed to.

                          Clause No. 3 read.

                 The Hon. S. G. Wade moved on page 3, lines 20 to 21, to leave out the definition of prescribed offence and insert the following:

prescribed offence means—

      (a)       an offence against section 19A or 19AC of the Criminal Law Consolidation Act 1935; or

      (b)      an offence against section 44B, 45A, 46, 47, 47B or 47BA of the Road Traffic Act 1961; or

      (c)       an offence against section 54 of the Summary Offences Act 1953; or

      (d)      an offence against section 9 of the Graffiti Control Act 2001; or

      (e)       an offence against section 85 of the Criminal Law Consolidation Act 1935 if the offence involves the marking of graffiti; or

       (f)       an offence against section 9, 74(2), 91(5) or 102 of the Motor Vehicles Act 1959 (other than a first offence against any of those sections);

      (g)      any other offence of a kind prescribed by regulation for the purposes of this definition;”.

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

                          Clause No. 3 agreed to.

                          Clause No. 4 amended and agreed to.

                          Clauses No. 5 to No. 12 agreed to.

                          Clause No. 13 amended and agreed to.

                          Clauses No. 14 to No. 19 agreed to.

                          Clause No. 20 amended and agreed to.

                          Clause No. 21 amended and agreed to.

                          Clauses No. 22 to No. 24 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 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.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

Criminal Law
(Clamping,
Impounding and
Forfeiture of
Vehicles) Bill.

   6.

Ordered - That Order of the Day (Government Business) No. 2 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

   7.

On the Order of the Day being read for the adjourned debate on the question - That the Occupational Health, Safety and Welfare (Penalties) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. I. K. Hunter, the debate was adjourned and ordered to be resumed on motion.

 

Occupational Health,
Safety and Welfare
(Penalties)
Amendment Bill.

   8.

Ordered - That Orders of the Day (Government Business) No. 5 to No. 7 be postponed and taken into consideration after Order of the Day (Government Business) No. 8.

 

Postponement
of Business.

   9.

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

                 Debate resumed.

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

 

Appropriation Bill.

10.

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.

 

11.

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

                 By the Hon. D. W. Ridgway from 578 residents of South Australia, concerning voluntary euthanasia.  The Petitioners pray that this Honourable House will support the Voluntary Euthanasia Bill 2006 to enable law reform in South Australia to give citizens the right to choose voluntary euthanasia for themselves as such legislation, if enacted, would contain stringent safeguards against misuse of the provisions of the Act.

 

Petition No. 6:
Voluntary
Euthanasia.

  12.

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

        By the Minister for Urban Development and Planning (The Hon. P. Holloway) -

                 Regulation under the following Act -

                          Development Act 1993 - Open Space Contribution Scheme.

        By the Minister for Emergency Services (The Hon. C. Zollo) -

                 Regulation under the following Act -

                          Forest Property Act 2000 - Fees.

                 Department of Further Education, Employment, Science and Technology - Addendum - Section E.

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

                 Natural Resources Management Council - Report, 2005-2006.

                 Regulations under the following Acts -

                          Liquor Licensing Act 1997 - Gifts.

                          South Australian Health Commission Act 1976 - Prescribed Incorporated Health Centres.

 

Papers.

13.

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 Uranium Exports to India.

 

Ministerial
Statement Tabled.

14.

Ordered - That the adjourned debate on the question - That the Appropriation Bill be now read a second time - be now resumed.

                 Debate resumed.

                 On motion of the Hon. T. J. Stephens, the debate was adjourned until next day of sitting.

 

Appropriation Bill.

15.

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

 

Postponement
of Business.

16.

The following Messages from the House of Assembly were received and read:

Message No. 27

                 MR. PRESIDENT - The House of Assembly does not insist on its disagreement to Amendments Nos. 1 and 9 made by the Legislative Council in the Statutes Amendment (Real Estate Industry Reform) Bill.

House of Assembly, 26 July 2007.                                                                    J. J. SNELLING, Speaker.

 

Messages from
House of Assembly:
Statutes Amendment
(Real Estate Industry
Reform) Bill.

 

 

Message No. 28

                 MR. PRESIDENT - The House of Assembly has agreed to the amendments made by the Legislative Council in the Criminal Law (Sentencing) (Dangerous Offenders) Amendment Bill, without any amendment.

House of Assembly, 26 July 2007.                                                                    J. J. SNELLING, Speaker.

 

Criminal Law
(Sentencing)
(Dangerous
Offenders)
Amendment Bill.

 

 

Message No. 29

                 MR. PRESIDENT - The House of Assembly has agreed to the amendments made by the Legislative Council in the Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Bill, without any amendment.

House of Assembly, 26 July 2007.                                                                   J. J. SNELLING, Speaker.

 

Criminal Law
(Clamping,
Impounding and
Forfeiture of
Vehicles) Bill.

17.

Council adjourned at twenty minutes to six o’clock until Tuesday next 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. 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