SOUTH AUSTRALIA]

No. 23

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

THURSDAY  27  NOVEMBER  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.

The Minister for Agriculture, Food and Fisheries (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 Orders of the Day (Government Business) No. 1 to No. 15 be postponed and taken into consideration after Order of the Day (Private Business) No. 1.

 

Postponement
of Business.

 

   4.

On the Order of the Day being read for the adjourned debate on the question - That the Equal Opportunity (Carer’s Responsibilities) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. J.S.L. Dawkins, the debate was adjourned until Wednesday next.

 

Equal Opportunity
(Carer’s
Responsibilities)
Amendment Bill.

 

   5.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 3 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

   6.

Ordered - That Orders of the Day (Government Business) No. 4 and No. 5 be postponed and taken into consideration after Order of the Day (Government Business) No. 6.

 

Postponement
of Business.

 

   7.

On the Order of the Day being read for the adjourned debate on the question - That the Passenger Transport (Dissolution of Passenger Transport Board) 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. 51 agreed to.

                          Schedule agreed to.

 

Passenger Transport
(Dissolution of
Passenger Transport
Board) Amendment
Bill.

 

 

                          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 Aboriginal Affairs and Reconciliation, 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.

 

 

 

   8.

Ordered - That Orders of the Day (Government Business) No. 4 and No. 5 and No. 7 to No. 15 and Orders of the Day (Private Business) No. 2 and No. 3 be postponed and taken into consideration after Order of the Day (Private Business) No. 4.

 

Postponement
of Business.

 

   9.

On the Order of the Day being read for the adjourned debate on the question - That the Gene Technology (Responsibility for the Spread of Genetically Modified Plant Material) Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. J.S.L. Dawkins, the debate was adjourned until Wednesday next.

 

Gene Technology
(Responsibility for
the Spread of
Genetically Modified
Plant Material) Bill.

 

10.

At one minute to 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.

Answers to Questions on Notice Nos. 261 and 273 of last Session and Nos. 98 and 113 of this Session received this day were tabled by the President who directed that they be distributed and printed in Hansard.

 

Answers to
Questions on
Notice.

 

12.

The Minister for Agriculture, Food and Fisheries tabled a copy of a Ministerial Statement made by the Attorney-General (The Hon. M. J. Atkinson, M.P.) concerning Same-Sex Couple Law.

 

Ministerial
Statement Tabled.

 

13.

The President made the following Statement:

                 I rise on a matter of concern.  Yesterday in this Council, the Hon. Mr Ridgway, in his Statement on Matters of Interest, made reference to the deliberations of the Social Development Committee.

                 Joint Standing Committees are required to adhere to the Standing Orders of the Legislative Council in respect of Select Committees.  Standing Order No. 190 states -

        “No reference shall be made to any proceedings of a Committee of the whole Council or of a Select Committee, until such proceedings have been reported.”

                 In this particular case, the Social Development Committee had reported to Parliament. However, Standing Committees (unlike Select Committees) do not usually report their minutes of proceedings to the House and therefore matters of deliberation, including particular motions and how Members may have voted, should not be disclosed in the Legislative Council.  Any reference that does not comply with this direction will be ruled out of order.

 

President’s
Statement -
Deliberations of
Committees.

 

14.

The Minister for Aboriginal Affairs and Reconciliation tabled a copy of a Ministerial Statement made by the Minister Assisting the Minister for the Arts (The Hon. J. D. Hill, M.P.) concerning the Southern Cross Replica Aircraft.

 

Ministerial
Statement Tabled.

 

15.

The Minister for Aboriginal Affairs and Reconciliation, without notice, moved - That the Standing Orders be so far suspended as to enable Question Time to be extended to enable the Hon. T. J. Stephens to ask a question of the Minister for Aboriginal Affairs and Reconciliation 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.

 

16.

Ordered - That Orders of the Day (Government Business) No. 4, No. 5 and No. 7 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

17.

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

 

Postponement
of Business.

 

18.

On the Order of the Day being read for the adjourned debate on the question - That the Summary Offences (Vehicle Immobilisation Devices) 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. 6 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 Agriculture, Food and Fisheries, 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.

 

Summary Offences
(Vehicle
Immobilisation
Devices)
Amendment Bill.

 

19.

Ordered - That Orders of the Day (Government Business) No. 8 and No. 10 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

20.

Ordered - That Order of the Day (Government Business) No. 11 be postponed and taken into consideration after Order of the Day (Government Business) No. 12.

 

Postponement
of Business.

 

21.

On the Order of the Day being read for the adjourned debate on the question - That the Legal Practitioners (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. 4 agreed to.

                          Clause No. 5 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.

 

Legal Practitioners
(Miscellaneous)
Amendment Bill.

 

22.

On the Order of the Day being read for the adjourned debate on the question - That the Highways (Authorised Transport Infrastructure Projects) Amendment Bill be now read a second time:

                 Debate resumed.

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

 

Highways
(Authorised
Transport
Infrastructure
Projects)
Amendment Bill.

 

23.

Ordered - That Orders of the Day (Government Business) No. 13 to No. 15 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

24.

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

 

Postponement
of Business.

 

25.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. I. Gilfillan -

               I.      That this Council urges the Federal Government to resist the pressure to finalise the free trade agreement with the United States this year on the grounds that any free trade agreement entered into in haste to provide the President of the United States and the Prime Minister of Australia with propaganda material will be at the long term risk that South Australia and Australia will lose on several issues which could include -

(a)     the Pharmaceutical Benefits Scheme;

(b)    the South Australian Barley Single Desk and the Australian Wheat Single Desk;

(c)     the South Australian automobile industry;

(d)    the ability to support local industry through policies in Government procurement;

(e)     the ability to support local art and culture through local content rule for television and radio;

(f)     the ability to maintain our quarantine laws; and

(g)    the ability to preserve the identify of GE free products.

             II.      That this Council condemns the lack of transparency in the negotiations and calls on the Commonwealth Government to release the current state of negotiations to State and Local Governments, as well as the Australian public.

            III.      That this Council calls on the Commonwealth Government to halt its pursuit of bilateral trade agreements at the expense of multilateral agreements that can benefit a wider proportion of the international community.:

                 Debate resumed.

                 On motion of the Hon. C. Zollo, the debate was adjourned until Wednesday next.

 

Free Trade
Agreement -
Motion re.

 

26.

Ordered - That Orders of the Day (Private Business) No. 2 to No. 5 be postponed and taken into consideration after Order of the Day (Private Business) No. 6.

 

Postponement
of Business.

 

27.

The Hon. D. W. Ridgway, according to order, moved - That the Parliamentary Committees (Functions of Economic and Finance Committee) Amendment Bill be now read a second time.

                 On motion of the Hon. C. Zollo, the debate was adjourned until Wednesday next.

 

Parliamentary
Committees
(Functions of
Economic and
Finance Committee)
Amendment Bill.

 

 

28.

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

 

Postponement
of Business.

 

29.

On the Order of the Day being read for the adjourned debate on the question - That the Members of Parliament (Register of Interests) (Overseas Travel) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. J.S.L. Dawkins, the debate was adjourned until Wednesday next.

 

Members of
Parliament
(Register of Interests)
(Overseas Travel)
Amendment Bill.

 

30.

Council adjourned at five o’clock until Monday next 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