SOUTH AUSTRALIA]

No. 14

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  27 OCTOBER  2004

 

 

 

   1.

Council met pursuant to adjournment.  The President (The Hon. R. R. Roberts) took the Chair.

                 The President read prayers.

 

Meeting of
Council.

 

    2.

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

        By the President -

                 16th Annual Report, 2003-2004 on the Administration of the Joint Parliamentary Service.

        By the Minister for Industry and Trade (The Hon. P. Holloway) -

                 Reports, 2003-2004 -

                          Adelaide Cemeteries Authority.

                          Planning Strategy for South Australia.

                          Playford Centre.

                          South Australian Rail Regulation.

                          Speed Management.

                          Tarcoola-Darwin Rail Regulation.

                          The Administration of the Development Act.

                          TransAdelaide.

                          West Beach Trust.

                 Passenger Transport Act 1994 - Report - Sections 39(3b) and 39(3d), “Wandering Star”.

        By the Minister for Aboriginal Affairs and Reconciliation

        (The Hon. T. G. Roberts) -

                 Progress in Implementation of the State Water Plan 2000 during 2003-2004 – A Report prepared for the South Australian Parliament by the Minister for Environment and Conservation – September 2004.

 

Papers.

 

   3.

The Hon. J. M. Gazzola brought up the Seventh Report, 2003-2004, of the Legislative Review Committee.

Legislative
Review
Committee -
Seventh Report,
2003-2004.

 

 

   4.

The Hon. J. M. Gazzola brought up the Eighth Report, 2003-2004, of the Legislative Review Committee, which was read by the Clerk as follows -

                 The Regulations and Rules listed hereunder are at present being considered by the Legislative Review Committee.  Evidence is being taken on these matters and it is necessary for Notices of Motion for Disallowance to be given in both Houses before the expiration of 14 sitting days, to allow the Committee time to complete its deliberations.

                 Honourable Members are warned that after further consideration has been given to the
Regulations and Rules, the Committee may decide to take no further action.

Legislative
Review
Committee -
Eighth Report,
2003-2004.

 

 

                 Regulations referred to -

Land Agents Act 1994 - SA Homebuyers Seminars.

Plumbers, Gas Fitters and Electricians Act 1995 - Apprentices.

                 Rule referred to -

Local Government Act 1999 - Eligible Rollover Fund.

 

 

 

   5.

The Hon. J. M. Gazzola brought up the Report of the Occupational Safety, Rehabilitation and Compensation Committee on the Occupational Health, Safety and Welfare (Safework SA) Amendment Bill 2003.

Occupational Safety,
Rehabilitation and
Compensation
Committee -
Report on
Occupational Health,
Safety and Welfare
(Safework SA)
Amendment Bill
2003.

 

 

   6.

The Minister for Industry and Trade tabled a copy of a Ministerial Statement made by the Deputy Premier (The Hon. K. O. Foley, M.P.) concerning the Adelaide Police Station Relocation.

 

Ministerial
Statement Tabled.

 

   7.

The Minister for Aboriginal Affairs and Reconciliation tabled a copy of a Ministerial Statement made by the Minister for Education and Children’s Services (The Hon. J. D. Lomax-Smith, M.P.) concerning the Teachers Registration and Standards Bill 2004.

 

Ministerial
Statement Tabled.

 

   8.

The Minister for Industry and Trade, without notice, moved - That the Standing Orders be so far suspended as to enable Question Time to be extended to enable the Hon. J. F. Stefani to complete his question to him and for the Minister to complete his reply.

                 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.

 

   9.

In accordance with Sessional Standing Order, the President called on Members to make Statements on Matters of Interest.

 

Statements on
Matters of Interest.

 

10.

Ordered - That Notices of Motion (Private Business) No. 1 to No. 3 be Orders of the Day for Wednesday, 10 November 2004.

 

Postponement
of Business.

 

11.

The Hon. R. I. Lucas, pursuant to notice, moved -

                  I.      That a Select Committee be appointed to investigate and report upon issues relating to unlawful practices raised by the Auditor-General in his Annual Report, 2003-2004, and, in particular, all issues related to the operation of the Crown Solicitor’s Trust Account and the $5 million “interagency loan” between the Department for Administrative and Information Services and the Department for Water, Land and Biodiversity Conservation and all other related matters.

                II.      That Standing Order No. 389 be so far suspended as to enable the Chairperson of the Committee to have a deliberative vote only.

               III.      That this Council permits the Select Committee to authorise the disclosure or publication, as it sees fit, of any evidence or documents presented to the Committee prior to such evidence being reported to the Council.

               IV.      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.

                 Debate ensued.

                 The Hon. S. M. Kanck moved to amend the motion in paragraph I by inserting “allegedly” before “unlawful practices”, by inserting “(a)” after “in particular,” and by inserting the following paragraphs after “Land Biodiversity Conservation”:

 “(b)     whether the practices were in fact unlawful;

(c)     the extent to which these practices have been used in other Departments;

(d)    issues of natural justice surrounding the treatment of Ms Kate Lennon;

(e)     why agencies were unable to meet statutory reporting deadlines;

(f)     suggestions as to how the management of unspent funds should be approached in the future;

(g)”.

                 On motion of the Minister for Industry and Trade, the debate was adjourned until Wednesday, 10 November 2004.

 

Unlawful Practices
raised in the
Auditor-General’s Annual Report,
2003-2004 -
Motion for Select
Committee on.

 

12.

The Hon. J. M. Gazzola, pursuant to notice, moved - That the Report of the Joint Committee on a Code of Conduct for Members of Parliament, be noted.

                 On motion of the Hon. R. D. Lawson, the debate was adjourned until Wednesday, 10 November 2004.

 

Report of the Joint
Committee on a
Code of Conduct
for Members of
Parliament to be noted -
Motion re.

 

 

13.

The Minister for Aboriginal Affairs and Reconciliation, pursuant to notice, moved - That the Report of the Aboriginal Lands Parliamentary Standing Committee, 2003-2004, be noted.

                 Debate ensued.

                 On motion of the Hon. K. J. Reynolds, the debate was adjourned until Wednesday, 10 November 2004.

 

Report of the
Aboriginal Lands
Parliamentary
Standing Committee,
2003-2004
to be noted -
Motion re.

 

14.

The Hon. A. J. Redford, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Workers Rehabilitation and Compensation Act 1986.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. A. J. Redford then moved - That this Bill be now read a second time.

                 And the Hon. A. J. Redford having obtained leave to conclude his remarks, the debate was adjourned and ordered to be resumed on motion.

 

Workers
Rehabilitation
and Compensation
(Third Party
Liability)
Amendment Bill.

 

 

15.

At one minute past 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.

 

16.

Ordered - That the adjourned debate on the question - That the Workers Rehabilitation and Compensation (Third Party Liability) Amendment 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 Wednesday, 10 November 2004.

 

Workers
Rehabilitation
and Compensation
(Third Party
Liability)
Amendment Bill.

 

 

17.

Ordered - That Notice of Motion (Private Business) No. 8 and Orders of the Day (Private Business) No. 1 to No. 18 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

18.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 3 be postponed and taken into consideration after Order of the Day (Government Business) No. 4.

 

Postponement
of Business.

 

19.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Tobacco Products Regulation (Further Restrictions) Amendment Bill.

 

In the Committee

 

                          Clause No. 16 further considered.

                 The Hon. S. M. Kanck moved on page 8, after line 14, to insert the following:

44—Storage and display of products etc in tobacco retail premises

(1)     Subject to this section, if any tobacco product, packaging material for tobacco products or information relating to tobacco products is stored or displayed in premises where tobacco products are sold by retail so as to be visible to persons outside the premises or potential customers inside the premises, the proprietor of the business and any manager in charge of the premises are each guilty of an offence.

          Maximum penalty:  $5 000.

          Expiation fee:  $315.

(2)     Subsection (1) does not prevent—

(a)     the exposure of products or packaging materials to view for so long as is necessary for the movement of stock into, within or from the premises or the delivery of products to purchasers; or

(b)    the display of a price list for products in accordance with the regulations.”

                 Question - That the amendment be agreed to - put.

Tobacco Products
Regulation (Further
Restrictions)
Amendment Bill.

 

 

             Committee divided:

Ayes, 5

The Hon. A. L. Evans

The Hon. I. Gilfillan

The Hon. J. F. Stefani

The Hon. N. Xenophon

The Hon. S. M. Kanck (Teller)

 

 

 

 

 

 

 

 

      So it passed in the negative.

 

Noes, 13

The Hon. J.S.L. Dawkins

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. T. G. Roberts

The Hon. C. V. Schaefer

The Hon. R. K. Sneath

The Hon. T. J. Stephens

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

 

                 The Hon. N. Xenophon moved on page 8, line 24, after “or shared area” to insert “and in the smoke-free zone of an outdoor café area”.

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

                 The Hon. N. Xenophon moved on page 8, after line 38, to insert new subclause as follows:

“(4a)    An employer with responsibility under the Occupational Health, Safety and Welfare Act 1986 for a workplace, or a portion of a workplace, that is partially enclosed, although not to the extent required to be an enclosed place as defined by this Act, is guilty of an offence if the employer requires an employee to perform work in the workplace or portion while a person (other than the employee) is smoking there.

             Maximum penalty: $1 250.

                          Expiation fee: $615.”.

                 Question - That the amendment be agreed to - put.

 

 

             Committee divided:

Ayes, 6

The Hon. A. L. Evans

The Hon. I. Gilfillan

The Hon. J.M.A. Lensink

The Hon. J. F. Stefani

The Hon. N. Xenophon

The Hon. S. M. Kanck (Teller)

 

 

 

 

 

 

      So it passed in the negative.

 

Noes, 12

The Hon. J.S.L. Dawkins

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. T. G. Roberts

The Hon. C. V. Schaefer

The Hon. R. K. Sneath

The Hon. T. J. Stephens

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

 

                 The Hon. N. Xenophon moved on page 9, line 14, to leave out “2007” and insert “2005”.

                 The Hon. S. M. Kanck moved on page 9, line 14, to leave out “2007” and insert “2006”.

                 Question - That “2007” stand as printed - put.

 

 

             Committee divided:

Ayes, 12

The Hon. J.S.L. Dawkins

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. T. G. Roberts

The Hon. C. V. Schaefer

The Hon. R. K. Sneath

The Hon. T. J. Stephens

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

      So it was resolved in the affirmative.

 

Noes, 6

The Hon. A. L. Evans

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. K. J. Reynolds

The Hon. J. F. Stefani

The Hon. N. Xenophon (Teller)

 

 

 

                 The Hon. A. J. Redford moved on page 10, after line 10, to insert new paragraph as follows:

‘(d)      in the casino, the ban also does not apply in the room known as the “VIP Room”.’.

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

                 The Hon. R. I. Lucas moved on page 10, after line 42, to insert new subclause as follows:

“(3a)    From the end of October 2007, the smoking ban does not apply in licensed premises in a single separate lounge area designated in the prescribed manner as a smoking area by the licensee if—

(a)     the area is not used for the consumption of meals; and

(b)    no employee of the licensee is required to perform any work in the area while it is available for use by the public; and

(c)     any requirements prescribed by the regulations are complied with.”.

                 Question - That the amendment be agreed to - put.

 

 

             Committee divided:

Ayes, 6

The Hon. J.S.L. Dawkins

The Hon. R. D. Lawson

The Hon. A. J. Redford

The Hon. C. V. Schaefer

The Hon. T. J. Stephens

The Hon. R. I. Lucas (Teller)

 

 

 

 

 

      So it passed in the negative.

 

Noes, 11

The Hon. A. L. Evans

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. T. G. Roberts

The Hon. R. K. Sneath

The Hon. J. F. Stefani

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

 

                 The Hon. S. M. Kanck moved on page 12, after line 13, to insert the following:

48—Smoking in certain open public places

          (1)     A person must not smoke—

(a)        in any road or road related area in the City of Adelaide comprising the route of the annual Credit Union Christmas Pageant for the duration of the Pageant and the 2 hours before its commencement; or

(b)        in the Royal Adelaide Showgrounds at Wayville for the duration of the Royal Adelaide Show; or

(c)        within 3 metres of a bus stop; or

(d)        in contravention of a prohibition imposed by regulation against smoking in an open public place at which children are likely to comprise a significant proportion of persons present.

             Maximum penalty: $1 250.

             Expiation fee: $160.

          (2)     A prohibition imposed by regulation under subsection (1)(d)—

(a)        may relate to a specified open public place or to open public places of a specified kind and may, for example, relate to—

(i)      places at which sporting or cultural events or functions are held; or

(ii)     places used for recreational purposes such as playgrounds, parks, reserves or beaches; and

(b)        may be absolute or conditional; and

(c)        may operate continuously or at specified times.

          (3)     In this section—

                   open public place means a public place that is not enclosed;

                   road related area means—

(a)        an area that divides a road; or

(b)        a footpath or nature strip adjacent to a road.”.

                 Question - That the amendment be agreed to - put.

 

 

             Committee divided:

Ayes, 5

The Hon. A. L. Evans

The Hon. I. Gilfillan

The Hon. J. F. Stefani

The Hon. N. Xenophon

The Hon. S. M. Kanck (Teller)

 

 

 

 

 

 

 

 

      So it passed in the negative.

 

Noes, 13

The Hon. J.S.L. Dawkins

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. T. G. Roberts

The Hon. C. V. Schaefer

The Hon. R. K. Sneath

The Hon. T. J. Stephens

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

 

                          Clause No. 16 agreed to.

                 The Hon. N. Xenophon moved on page 12, after line 13, to insert new section as follows:

“16A—Insertion of Part 6

After section 69 insert:

Part 6—Trial of nicotine replacement therapy to aid in quitting smoking

70—Trial of nicotine replacement therapy to aid in quitting smoking

(1)     The Minister must establish a scheme to trial the effectiveness of using nicotine replacement therapy to overcome the physical addiction to tobacco products.

(2)     The Minister must establish the scheme in accordance with the following principles:

(a)     at least 1 000 users of tobacco products who wish to quit using tobacco products must participate in the trial;

(b)    the trial must be conducted in accordance with established scientific methods using control groups;

(c)     participants in the trial must receive a subsidy determined by the Minister of up to 75% of any cost incurred by the participant for nicotine replacement therapy;

(d)    an evaluation of the trial must be carried out to determine—

(i)      whether the nicotine replacement therapy contributed significantly to the success rate of participants quitting the use of tobacco products; and

(ii)     whether making nicotine replacement therapy generally affordable would be a cost-effective method of dealing with a serious public health issue.

(3)     The Minister must take into account any recommendations of Quit SA when establishing the scheme.

          Note—

Quit SA is an initiative of The Cancer Council of Australia and the National Heart Foundation (SA Division). Most of its funding is provided by the State Government.”.

                 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.

 

 

20.

At eight minutes past eleven o’clock the sitting was suspended until the ringing of the bells.

                 At seven minutes to twelve o’clock midnight the sitting was resumed.

 

Suspension and
Resumption of
Sitting.

21.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Tobacco Products Regulation (Further Restrictions) Amendment Bill.

 

Tobacco Products
Regulation (Further
Restrictions)
Amendment Bill.

 

In the Committee

 

                          New clause No. 16A which the Hon. N. Xenophon had proposed to insert on page 12, after line 13, as follows:

“16A—Insertion of Part 6

After section 69 insert:

Part 6—Trial of nicotine replacement therapy to aid in quitting smoking

70—Trial of nicotine replacement therapy to aid in quitting smoking

(1)     The Minister must establish a scheme to trial the effectiveness of using nicotine replacement therapy to overcome the physical addiction to tobacco products.

(2)     The Minister must establish the scheme in accordance with the following principles:

(a)     at least 1 000 users of tobacco products who wish to quit using tobacco products must participate in the trial;

(b)    the trial must be conducted in accordance with established scientific methods using control groups;

(c)     participants in the trial must receive a subsidy determined by the Minister of up to 75% of any cost incurred by the participant for nicotine replacement therapy;

(d)    an evaluation of the trial must be carried out to determine—

(i)      whether the nicotine replacement therapy contributed significantly to the success rate of participants quitting the use of tobacco products; and

(ii)     whether making nicotine replacement therapy generally affordable would be a cost-effective method of dealing with a serious public health issue.

(3)     The Minister must take into account any recommendations of Quit SA when establishing the scheme.

          Note—

Quit SA is an initiative of The Cancer Council of Australia and the National Heart Foundation (SA Division). Most of its funding is provided by the State Government.”

                          - further considered.

                 Question - That new clause No. 16A as proposed to be inserted by the Hon. N. Xenophon, be so inserted - put and passed.

                          New clause No. 16A inserted.

_____________________

 

And it being twelve of the clock:

THURSDAY 28 OCTOBER 2004

_____________________

 

                 The Hon. J.M.A. Lensink moved on page 12, after line 13, to insert new clause as follows:

“16A—Insertion of section 70

Before section 71 insert:

70—Confiscation of tobacco products from children

(1)     A prescribed person who becomes aware that tobacco products are in the possession of a child apparently for the purpose of consumption by the child may require the child to deliver the products to the prescribed person.

(2)        A child must comply with a requirement under subsection (1).

Maximum penalty: $75.

Expiation fee: $30.

(3)        If tobacco products are delivered to a prescribed person in response to a requirement under subsection (1), the products are forfeited by the child and must be destroyed as soon as reasonably practicable by the prescribed person.

(4)        In this section—

prescribed person in relation to a child means—

(a)     a member of the police force; or

(b)    any other authorised officer under Part 5; or

(c)     an authorised person under Chapter 12 Part 3 of the Local Government Act 1999; or

(d)    a teacher at a school attended by the child.”.

                 Question - That new clause No. 16A as proposed to be inserted by the Hon. J.M.A. Lensink, be so inserted - put and negatived.

                          Clauses No. 17 and No. 18 agreed to.

                          Clause No. 19 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.

                 Ordered - That the third reading be an Order of the Day for next day of sitting.

 

 

22.

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

Message No. 4

                 MR. PRESIDENT - The House of Assembly has agreed to the amendment made by the Legislative Council in the Criminal Law Consolidation (Intoxication) Amendment Bill without amendment.

House of Assembly, 27 October 2004.                                                            I. P. LEWIS, Speaker.

 

Messages from
House of Assembly:
Criminal Law
Consolidation
(Intoxication)
Amendment Bill.

 

 

Message No. 5

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Road Traffic Act 1961 and the Summary Offences Act 1953, to which it desires the concurrence of the Legislative Council.

House of Assembly, 27 October 2004.                                                            I. P. LEWIS, Speaker.

                 Bill read a first time.

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

                 On motion of the Hon. R. I. Lucas, the debate was adjourned until next day of sitting.

 

Statutes Amendment
(Misuse of Motor
Vehicles) Bill.

 

23.

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

 

Postponement
of Business.

24.

Council adjourned at twenty-two minutes past twelve o’clock midnight until today 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. 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