SOUTH AUSTRALIA]

No. 24

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

THURSDAY  27  SEPTEMBER  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.

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

Message No. 39

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Election of Senators Act 1903, to which it desires the concurrence of the Legislative Council.

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

                 Bill read a first time.

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

                 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.

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

 

Message from
House of Assembly:
Election of Senators
(Close of Rolls)
Amendment Bill.

 

 

   4.

Ordered - That Orders of the Day (Government Business) No. 1 to No.  15 be postponed and taken into consideration after Order of the Day (Government Business) No. 16.

 

Postponement
of Business.

 

   5.

On the Order of the Day being read for the adjourned debate on the question - That the Prince Alfred College Incorporation (Constitution of Council) Amendment Bill be now read a second time:

                 Debate resumed.

                 Question put and passed.

                 Bill read a second time.

                 The President ruled that this Bill was a Hybrid Bill and must be referred to a Select Committee, pursuant to Standing Order No. 268.

Prince Alfred
College
Incorporation
(Constitution
of Council)
Amendment Bill.

 

 

 

                 The Minister for Emergency Services moved - That the Select Committee consist of the Hon. J.S.L. Dawkins, the Hon. I. K. Hunter, the Hon. R. I. Lucas, the Hon. N. Xenophon and the mover.

                 Question put and passed.

                 The Minister for Emergency Services moved - That Standing Order No. 389 be so far suspended as to enable the Chairperson of the Committee to have a deliberative vote only.

                 Question put and passed without a dissentient voice, there being present an absolute majority of the whole number of Members of the Council.

                 The Minister for Emergency Services moved - That this Council permits the Select Committee to authorise the disclosure or publication, as it thinks fit, of any evidence presented to the Committee prior to such evidence being reported to the Council.

                 Question put and passed.

                 The Minister for Emergency Services moved - That Standing Order No. 396 be suspended to enable strangers to be admitted when the Select Committee is examining witnesses unless the Committee otherwise resolves, but they shall be excluded when the Committee is deliberating.

                 Question put and passed without a dissentient voice, there being present an absolute majority of the whole number of Members of the Council.

                 The Minister for Education and Children’s Services moved - That the Select Committee have power to send for persons, papers and records, to adjourn from place to place, and to report on Tuesday, 16 October 2007.

                 Question put and passed.

 

Select Committee
Appointed.

 

   6.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 8 be postponed and taken into consideration after Order of the Day (Government Business) No. 9.

 

Postponement
of Business.

 

   7.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Penola Pulp Mill Authorisation Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 7 agreed to.

                          Clause No. 8 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.

 

Penola Pulp Mill
Authorisation Bill.

 

   8.

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.

 

 

   9.

Answer to Question on Notice No. 538 of last Session, received this day, was tabled by the President who directed that it be distributed and printed in Hansard.

 

Answers to
Questions on Notice.

 

 

  10.

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

        By the President -

                 Administration of the Joint Parliamentary Service - Report, 2006-2007.

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

                 Independent Gambling Authority - 2004 Amendments Inquiry - Report.

                 Playford Centre -

                          Charter.

                          Performance Statement for the Financial Year ending 30 June 2008.

 

Papers.

 

11.

The Minister for Police, by leave, tabled a copy of a Ministerial Statement made by the Minister for Industrial Relations (The Hon. M. J. Wright, M.P.) concerning WorkCover Actuarial Results.

 

Ministerial
Statement Tabled.

 

12.

Ordered - That the adjourned debate on the question - That the Election of Senators (Close of Rolls) Amendment Bill be now read a second time - be now resumed.

                 Debate resumed.

                 Question put.

Election of Senators
(Close of Rolls)
Amendment Bill.

 

 

             Council divided:

Ayes, 14

The Hon. J.S.L. Dawkins

The Hon. B. V. Finnigan

The Hon. G. E. Gago

The Hon. J. M. Gazzola

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)

      So it was resolved in the affirmative.

 

Noes, 6

The Hon. A. M. Bressington

The Hon. A. L. Evans

The Hon. D.G.E. Hood

The Hon. S. M. Kanck

The Hon. N. Xenophon

The Hon. M. C. Parnell (Teller)

 

 

 

                 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.

                          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.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

 

 

13.

The Minister for Police, without notice, moved - That the Standing Orders be so far suspended as to enable the Clerk to deliver the Message and the Election of Senators (Close of Rolls) Amendment Bill to the Speaker of the House of Assembly notwithstanding the fact that the House of Assembly is not sitting.

                 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:
Delivery of
Message and Bill.

 

 

14.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Penola Pulp Mill Authorisation Bill.

 

In the Committee

 

                          Clause No. 8 further considered and agreed to.

                          Clause No. 9 agreed to.

                          Clause No. 10 read.

                 Question - That clause No. 10 stand as printed - put.

Penola Pulp Mill
Authorisation Bill.

 

 

             Committee divided:

Ayes, 16

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. P. Holloway (Teller)

      So it was resolved in the affirmative.

 

Noes, 3

The Hon. M. C. Parnell

The Hon. N. Xenophon

The Hon. S. M. Kanck (Teller)

 

 

 

                          Clauses No. 10 to No. 13 agreed to.

                          Schedule 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.

 

 

 

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 Message from the House of Assembly was received and read:

Message No. 40

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Summary Procedure Act 1921, without any amendment.

House of Assembly, 27 September 2007.                                                  J. J. SNELLING, Speaker.

 

Message from
House of Assembly: Summary Procedure (Paedophile Restraining Orders) Amendment Bill.

 

 

 

17.

Ordered - That the Council, at its rising, do adjourn until Tuesday, 16 October 2007, at fifteen minutes past two o’clock.

 

Next Day
of Sitting.

 

18.

Council adjourned at three minutes past six o’clock until Tuesday, 16 October 2007, 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