SOUTH AUSTRALIA]

No. 25

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY  26  SEPTEMBER  2006

 

 

 

   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 following Papers were laid upon the Table, viz.:

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

                 Legal Services Commission of South Australia - Report, 2004-2005.

                 Report relating to Suppression Orders for the year ended 30 June 2006 - Section 71 of the Evidence Act 1929.

                 Regulation under the following Act -

                          Professional Standards Act 2004 - Membership Fees.

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

                 Social Development Committee Report on the Impact of International Education Activities in SA, September 2006 - Government Response.

 

Papers.

   3.

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.

   4.

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

 

In the Committee

 

                          Clauses No. 1 to No. 3 agreed to.

                 The Hon. M. C. Parnell moved on page 3, after line 9, to insert new clause as follows:

3A—Amendment of section 3—Objects

          (1)     Section 3(c)(ii)—after "to facilitate" insert:

                   ecologically

          (2)     Section 3(c)(iia)—delete "in an ecologically sustainable manner" and substitute:

                   in a manner that is consistent with principles of ecologically sustainable development”.

                 Question - That new clause No. 3A, as proposed to be inserted by the Hon. M. C. Parnell, be so inserted - put.

Development
(Development Plans)
Amendment Bill.

 

             Committee divided:

Ayes, 3

The Hon. S. M. Kanck

The Hon. N. Xenophon

The Hon. M. C. Parnell (Teller)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

      So it passed in the negative.

 

Noes, 17

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. 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. D. W. Ridgway

The Hon. T. J. Stephens

The Hon. S. G. Wade

The Hon. R. P. Wortley

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

 

                          Clause No. 4 read.

                 The Hon. M. C. Parnell moved on page 3, after line 11, to insert new subclause as follows:

“(2)   Section 4—after subsection (8) insert:

          (9)     For the purposes of this Act—

         (a)     ecologically sustainable development is development that promotes principles of ecologically sustainable development; and

         (b)    principles of ecologically sustainable development are the principles of ecologically sustainable development under section 10(1)(a) of the Environment Protection Act 1993.”.

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

                          Clause No. 4 otherwise amended and agreed to.

                          Clause No. 5 amended and agreed to.

                          Clauses No. 6 to No. 8 agreed to.

                          Clause No. 9 read.

                 The Hon. N. Xenophon moved on page 5, after line 12, to insert new subclause as follows:

“(1)      Section 23(3)(a)(iv)—after "heritage areas" insert:

             (including the protection of the amenity of any locality or the desirable characteristics of any area)”.

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

                 The Hon. N. Xenophon moved on page 5, after line 18, to insert the following:

“(3b)    A Development Plan must, in relation to the operation of subsection (3)(a), include specific provisions under which the adverse impact (including economic impact), if any, of an alteration to the amenity of any locality or to the characteristics of any area may be taken into account in the assessment of development under this Act.

(3c)      For the purposes of this section, economic issues may include issues relating to the value of land within the vicinity of any development.”.

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

                          Clause No. 9 agreed to.

                          Clause No. 10 agreed to.

                          Clause No. 11 read.

                 The Hon. M. C. Parnell moved on page 11, after line 18, to insert new subclause as follows:

“(8a)    Section 25(18)—delete subsection (18) and substitute:

(18)      An approval under subsection (15) will take effect subject to the operation of section 27.”.

                 Question - That the amendment be agreed to - put.

 

 

             Committee divided:

Ayes, 3

The Hon. S. M. Kanck

The Hon. N. Xenophon

The Hon. M. C. Parnell (Teller)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

      So it passed in the negative.

 

Noes, 17

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. 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. D. W. Ridgway

The Hon. T. J. Stephens

The Hon. S. G. Wade

The Hon. R. P. Wortley

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

 

                          Clause No. 11 otherwise amended and agreed to.

                          Clause No. 12 agreed to.

                          Clause No. 13 read.

                 The Hon. M. C. Parnell moved on page 16, lines 5 to 17, to leave out subclauses (2) and (3) and insert new subclauses as follow:

     “(2)      Section 27(4)—delete "28 days" and substitute:

the prescribed committee reporting period

      (3)       Section 27—after subsection (4) insert:

     (4a)      For the purposes of subsection (4), the prescribed committee reporting period, in relation to an amendment, is—

      (a)       subject to paragraph (b)—15 sitting days of Parliament when both Houses of Parliament are sitting;

      (b)      if the Committee resolves before the expiration of the period that applies under paragraph (a) with respect to the amendment that the Committee requires a longer period of time to consider the matter—a period of sitting days exceeding the period that applies under paragraph (a), as determined by the resolution of the Committee at the time that it resolves to provide for the extension of time but not so as to result in a total period exceeding 30 sitting days of Parliament when both Houses of Parliament are sitting.”.

                 The Minister for Police moved on page 16, after line 7, to insert the following:

“(4aa)     Subject to subsection (4a), if the period of 28 days referred to in subsection (4) would, but for this subsection, expire in a particular case between 15 December in 1 year and 15 January in the next year (both days inclusive), the period applying for the purposes of subsection (4) will be extended on the basis that any days falling on or between those 2 dates will not be taken into account for the purposes of calculating the period that applies under subsection (4).”.

                 Question - That all words in lines 5 to 7 stand as printed - put and passed.

                 Question - That the amendment moved by the Minister for Police be agreed to - put and passed.

                 The Hon. M. C. Parnell moved on page 16, after line 17, to insert new subclauses as follow:

     “(4)      Section 27—after subsection (6) insert:

     (6a)      The Minister must report back to the Environment, Resources and Development Committee in response to a suggestion under subsection (3)(b) within the prescribed ministerial reporting period.

     (6b)     For the purposes of subsection (6a), the prescribed ministerial reporting period, in relation to a resolution of the Committee, is—

      (a)       subject to paragraph (b)—2 months from the day on which the resolution was referred to the Minister;

      (b)      if the Minister determines before the expiration of the period that applies under paragraph (a) with respect to a resolution that relates to an amendment proposed by a council that he or she requires a longer period of time to consult with the council—a period exceeding the period that applies under paragraph (a), as determined by the Minister by written advice to the Committee but not so as to result in a total period exceeding 4 months.

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

                          Clause No. 13, as amended and otherwise amended, agreed to.

                          Clause No. 14 read.

                 The Hon. M. C. Parnell moved on page 16, after line 20, to insert new subclause as follows:

    “(1a)     Section 28(1a)—delete "it is necessary in the interests of the orderly and proper development of an area of the State that an amendment to a Development Plan should come into operation without delay" and substitute:

, in the interests of the orderly development of an area of the State, it is necessary to bring an amendment to a Development Plan into operation without delay in order to counter applications for undesirable development ahead of the outcome of the consideration of the amendment under this subdivision”.

                 Question - That the Amendment be agreed to - put.

 

 

             Committee divided:

Ayes, 4

The Hon. A. M. Bressington

The Hon. S. M. Kanck

The Hon. N. Xenophon

The Hon. M. C. Parnell (Teller)

 

 

 

 

 

 

 

 

 

 

 

 

      So it passed in the negative.

 

Noes, 16

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. 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. D. W. Ridgway

The Hon. T. J. Stephens

The Hon. S. G. Wade

The Hon. R. P. Wortley

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

 

                          Clause No. 14 agreed to.

                          Clause No. 15 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.

 

 

   5.

On the Order of the Day being read for the adjourned debate on the question - That the Murray-Darling Basin (Amending Agreement) 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.

_____________________

 

Murray-Darling
Basin (Amending
Agreement)
Amendment Bill.

 

                 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 Environment and Conservation, 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.

 

 

   6.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (Electricity and Gas) 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. 20 agreed to.

                          Schedule 1 agreed to.

                          Schedule 2 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 Environment and Conservation, 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.

 

Statutes Amendment
(Electricity and Gas)
Bill.

   7.

On the Order of the Day being read for the adjourned debate on the question - That the Evidence (Use of Audio and Audio Visual Links) 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. 3  agreed to.

                          Clause No. 4 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.

 

Evidence (Use of
Audio and Audio Visual Links)
Amendment Bill.

   8.

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

                 Debate resumed.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned and ordered to be resumed on motion.

 

Child Sex Offenders
Registration Bill.

   9.

At one minute to six o’clock the sitting was suspended until the ringing of the bells.

                 At fifteen minutes to eight o’clock the sitting was resumed.

 

Suspension and
Resumption of
Sitting.

10.

Ordered - That the adjourned debate on the question - That the Child Sex Offenders Registration Bill be now read a second time - be now resumed:

                 Debate resumed.

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

 

Child Sex Offenders
Registration Bill.

11.

Ordered - That Order of the Day (Government Business) No. 6 be an Order 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 Workers Rehabilitation and Compensation (Territorial Application of Act) 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. 11 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.

 

Workers
Rehabilitation and
Compensation
(Territorial
Application
of Act)
Amendment Bill.

13.

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

 

In the Committee

 

                          Clause No. 15 further considered and agreed to.

                 The Hon. M. C. Parnell moved on page 17, after line 8, to insert new clause as follows:

 “15A—Insertion of sections 29A and 29B

After section 29 insert:

29A—Guidelines and criteria

      (1)       The Minister must, in connection with the operation of sections 25 and 26, establish—

      (a)       guidelines (to be observed by councils and the Minister) in order to promote the ability of members of the public who are interested in a proposal to amend a Development Plan—

       (i)       to have a reasonable chance to become aware of the release of the relevant DPA for public consultation in accordance with the regulations (for example, by specifying where notices to the public should appear in newspapers, font sizes for notices, and the form and extent of information to be included in notices); and

      (ii)       to have a reasonable opportunity to participate in the public consultation processes envisaged by this Act and the regulations; and

      (b)      criteria in order to assist in determining whether a DPA should be subject to Process A, Process B or Process C under this subdivision.

      (2)       The Minister may vary the guidelines or criteria from time to time as the Minister thinks fit.

      (3)       The Minister must ensure that a copy of the guidelines and the criteria is available—

      (a)       for inspection during ordinary office hours at the office of a government Department determined by the Minister; and

      (b)      for inspection on the Internet.

29B—Access to meetings and information

      (1)       In this section—

prescribed provision means any of the following:

      (a)       section 25(11)(c);

      (b)      section 25(15)(a) or (b);

      (c)       section 26(5c)(c);

      (d)      section 26(5d);

      (e)       section 26(7);

relevant body means—

      (a)       a committee of a council under section 25(11)(c); or

      (b)      the Advisory Committee; or

      (c)       a committee of the Advisory Committee under section 26(5c)(c).

      (2)       A relevant body—

      (a)       must, in connection with holding a meeting for the purposes of a prescribed provision—

       (i)       conduct the meeting in a place open to the public, unless the relevant body considers that it must close the meeting on a ground prescribed by the regulations for the purposes of this provision; and

      (ii)       ensure that accurate minutes are kept of its proceedings; and

      (iii)      provide to members of the public reasonable access to the agenda for the meeting and to the minutes of the meeting; and

      (b)      must publish, in accordance with the regulations, any recommendation made by the relevant body under section 25 or 26 that arises from its deliberations in connection with the operation of a prescribed provision.”.

                 Question - That new clause No. 15A, as proposed to be inserted by the Hon. M. C. Parnell, be so inserted - put and negatived.

                          Clauses No. 16 to No. 18 agreed to.

                          Clause No. 19 read.

                 The Hon. M. C. Parnell moved on page 23, after line 25, to insert new subclause as follows:

   “(1aa)    If either House of Parliament resolves that a declaration should be made under subsection (1) with respect to a development or project specified in the relevant resolution, the Minister must act in accordance with the terms of the resolution (and no further assessment need or should be made for the purposes of that subsection).”.

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

                          Clause No. 19 agreed to.

                          Clauses No. 20 to No. 24 agreed to.

                          Clause No. 25 read.

                 Question - That clause No. 25 stand as printed - put.

Development
(Development Plans)
Amendment Bill.

 

             Committee divided:

Ayes, 13

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. G. E. Gago

The Hon. J. M. Gazzola

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. D. W. Ridgway

The Hon. S. G. Wade

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

      So it was resolved in the affirmative.

 

Noes, 4

The Hon. A. M. Bressington

The Hon. S. M. Kanck

The Hon. N. Xenophon

The Hon. M. C. Parnell (Teller)

 

 

 

                          Clause No. 25 agreed to.

                          Clause No. 26 amended and agreed to.

                          Clauses No. 27 to No. 30 agreed to.

                          Schedule 1 amended and 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.

 

 

14.

On the Order of the Day being read for the adjourned debate on the question - That the Geographical Names (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. 8 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.

 

Geographical Names
(Miscellaneous)
Amendment Bill.

15.

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

 

Postponement
of Business.

16.

Council adjourned at ten minutes to ten 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