SOUTH AUSTRALIA]

No. 76

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY  27  MAY  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. 9.

                 The Governor informs the Legislative Council that, in the name and on behalf of Her Majesty The Queen, the following Act has been assented to during the present Session, viz.:

                 No. 3 of 2003 - An Act to amend the Water Resources Act 1997.

Government House, Adelaide, 27 May 2003.   MARJORIE JACKSON-NELSON, Governor.

 

Message from
Governor:
Assent to Bill.

 

    3.

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 -

                          Children’s Services Act 1985 - Baby Sitting Agencies Variation.

                          Public Corporations Act 1993 -

                                   Land Management Corporation Variation.

                                   Transmission Lessor Corporation.

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

                 Medical Board of South Australia - Report, 2001-2002.

                 Regulations under the following Acts -

                          Liquor Licensing Act 1997 - Dry Areas -

                                   Goolwa Skate Park.

                                   Mannum.

                 Rules of Court -

                          District Court - District Court Act 1991 - Legal Representation.

                 South Australian Marine Spill Contingency Action Plan.

 

Papers.

 

   4.

The Hon. J. M. Gazzola brought up the Report of the Environment, Resources and Development Committee on Urban Growth Boundary.

 

Environment,
Resources and
Development
Committee -
Report on Urban
Growth Boundary.

 

 

   5.

The Minister for Agriculture, Food and Fisheries, by leave, tabled a Ministerial Statement made by the Minister for Education and Children’s Services (The Hon. P. L White, M.P.) concerning the Futures Connect Strategy.

 

Paper Tabled.

 

   6.

The Minister for Aboriginal Affairs and Reconciliation (The Hon. T. G. Roberts), tabled a Ministerial Statement made by the Minister for Forests (The Hon. R. J. McEwen, M.P.) concerning an Upgrade of the ForestrySA Fire Truck Fleet.

 

Paper Tabled.

 

   7.

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

Message No. 105

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled a Bill for an Act for the appropriation of Money from the Consolidated Account for the financial year ending on 30 June 2004, to which it desires the concurrence of the Legislative Council.

House of Assembly, 26 May 2003.                                                                             I. P. LEWIS, Speaker.

                 Bill read a first time.

The Minister for Agriculture, Food and Fisheries then moved - That this Bill be now read a second time.

On motion of the Hon. A. J. Redford, the debate was adjourned until next day of sitting.

 

Message from
House of Assembly:
Supply Bill.

 

   8.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 4 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

   9.

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

                 Debate resumed.

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

 

River Murray Bill.

 

10.

Ordered - That Orders of the Day (Government Business) No. 6 and No. 7 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

11.

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

 

                          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.

 

Statutes
Amendment
(Gas and
Electricity) Bill.

 

12.

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

                 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.

 

River Murray Bill.

 

13.

Ordered - That Order of the Day (Government Business) No. 9 be postponed and taken into consideration on motion.

 

Postponement
of Business.

 

14.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of Message No. 97 from the House of Assembly relating to the Freedom of Information (Miscellaneous) Amendment Bill.

 

Freedom of
Information
(Miscellaneous)
Amendment Bill.

 

 

In the Committee

 

                          Resolved - That the amendments be insisted on.

_____________________

 

                 The President resumed the Chair and reported accordingly; whereupon the Council adopted such report.

 

 

 

15.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of Message No. 98 from the House of Assembly relating to the Statutes Amendment (Honesty and Accountability in Government) Bill.

 

In the Committee

 

                          Resolved - That Amendment No. 1 be not insisted on.

                          Resolved - That Amendment No. 9 be insisted on.

_____________________

 

                 The President resumed the Chair and reported accordingly; whereupon the Council adopted such report.

 

Statutes
Amendment
(Honesty and
Accountability in
Government) Bill.

 

16.

Ordered - That Order of the Day (Government Business) No. 12 be postponed and taken into consideration after Order of the Day (Government Business) No. 13.

 

Postponement
of Business.

 

17.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of Message No. 103 from the House of Assembly relating to the Constitution (Gender Neutral Language) Amendment Bill.

 

In the Committee

 

                 The Minister for Agriculture, Food and Fisheries had moved - That the amendments of the House of Assembly be agreed to:

                          As to Amendment No. 1:

                          Resolved - That Amendment No. 1 of the House of Assembly be agreed to.

                          As to Amendment No. 2:

                 The Hon. J. F. Stefani moved - That Amendment No. 2 of the House of Assembly be not agreed to and that the Council make the following alternate amendment in lieu thereof:

                                        “Section 13(4) - After paragraph (f) insert:

(fa)   there is no requirement for all members of both Houses of Parliament to be present at a meeting of the assembly, but at least 10 members of the Legislative Council must be present; and

                                        Section 13(4)(g) - After "members" insert:

                                                   present at a meeting

                                        Section 13(4)(h) - After "member" insert:

                                                   present at a meeting”.

                          Question - That Amendment No. 2 of the House of Assembly be agreed to - put and passed.

                          As to Amendment No. 3:

                          Resolved - That Amendment No. 3 of the House of Assembly be agreed to.

_____________________

 

                 The President resumed the Chair and reported accordingly; whereupon the Council adopted such report.

 

Constitution
(Gender Neutral
Language)
Amendment Bill.

 

18.

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. R. K. Sneath, the debate was adjourned until next day of sitting.

 

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

 

19.

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

 

Postponement
of Business.

20.

Council adjourned at fifteen minutes past six o’clock until tomorrow at fifteen minutes past two o’clock.

 

Adjournment.

 

_________________________

 

 

 

 

 

Members present during any part of the sitting:

 

 

 

The Hon. T. G. Cameron

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. J. M. Gazzola

The Hon. I. Gilfillan

The Hon. P. Holloway

The Hon. S. M. Kanck

 

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

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