SOUTH AUSTRALIA]

No. 42

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

THURSDAY  28  FEBRUARY  2008

 

 

 

   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 Minister For Police moved, pursuant to notice - That pursuant to section 34 of the Fair Work Act 1994, the nominee of this Council to the panel to consult with the Minister for Industrial Relations regarding the appointment of a Commissioner to the Industrial Relations Commission of South Australia, be the Hon. Bernard Finnigan, M.L.C.

                 Debate ensued.

                 Question put and passed.

 

Appointment of Hon. B. V. Finnigan to panel consulting on appointment of Commissioner to Industrial Relations Commission of South Australia.

 

 

   4.

Ordered - That Order of the Day (Government Business) No. 1 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

 

   5.

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

 

Postponement
of Business.

 

   6.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Health Care Bill.

 

In the Committee

 

                          Clause No. 11 further considered, amended and agreed to.

                          Clauses No. 12 to No.16 agreed to.

                          Clause No.17 amended and agreed to.

                          Clauses No. 18 to No. 57 agreed to.

                          Clause No. 58 amended and agreed to.

                          Clauses No. 59 to No.100 agreed to.

                          New clause 101 inserted.

Health Care Bill.

 

 

                          Schedule 1 agreed to.

                          Schedule 2 agreed to.

                          Schedule 3 agreed to.

                          Schedule 4 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 Environment and Conservation (The Hon. G. E. Gago), 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.

                 The Minister for Environment and Conservation then moved - That this Bill be now read a third time.

                 Question put.

 

 

 

             Committee divided:

Ayes, 12

The Hon. A. M. Bressington

The Hon. J. A. Darley

The Hon A. L. Evans

The Hon B. V. Finnigan

The Hon. J. M. Gazzola

The Hon. D.G.E. Hood

The Hon. P. Holloway

The Hon. S. M. Kanck

The Hon. M. C. Parnell

The Hon. R. P. Wortley

The Hon. C. Zollo

The Hon. G. E. Gago (Teller)

      So it was resolved in the affirmative.

 

Noes, 7

The Hon J.S.L. Dawkins

The Hon. R. D. Lawson

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. T. J. Stephens

The Hon. S. G. Wade

The Hon. J.M.A. Lensink (Teller)

 

 

 

 

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

 

 

   7.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Prevention of Cruelty to Animals (Animal Welfare) Amendment Bill.

 

In the Committee

 

                          Clause No. 8 further considered, amended and agreed to.

                          New clause No. 8A inserted.

                          Clauses No. 9 and No. 10 agreed to.

                          Clause 11 read.

                 The Hon. S. M. Kanck moved on page 11, lines 2 to 20, to leave out subsection (1) and insert the following:

     “(1)      For the purposes of administering this Act, an inspector may, in circumstances where there is no suspicion of an offence, exercise powers under this Act to conduct a routine inspection of premises or a vehicle.

     (1a)      A routine inspection must be carried out during normal business hours and the inspector must—

      (a)       give the following persons (as required) a reasonable opportunity to accompany the inspector throughout the inspection:

       (i)       the occupier of the premises or the owner of the vehicle;

      (ii)       a nominee of the occupier of the premises or the owner of the vehicle;

      (iii)      the occupier of the premises or the owner of the vehicle and a nominee of the occupier or owner; and

      (b)      take reasonable steps to minimise any adverse effect of the inspection on the business or activities of the occupier of the premises or the owner of the vehicle.

     (1b)     The Minister must ensure that a routine inspection under this section of premises or a vehicle being used for or in connection with intensive animal husbandry is carried out at least once in each year.”.

                 The Hon. D.G.E. Hood moved on page 11, line 7, to leave out “reasonable” and insert “at least 24 hours”.

                 The Hon. M. C. Parnell moved on page 11, lines 6 and 7, to leave out paragraph (a).

                 The Hon. C. V. Schaefer moved on page 11, line 18, to leave out “reasonable steps” and insert “such steps as are necessary in the circumstances”.

                 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.

 

Prevention of
Cruelty to Animals
(Animal Welfare)
Amendment Bill.

 

   8.

At two minutes past 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.

The Clerk announced that the following Petitions had been lodged for presentation:

By the Hon. A. L. Evans from 1,664 residents of South Australia, concerning research involving human embryos and human cloning.  The Petitioners pray that this Honourable House will reject proposals to -

(a)       reduce prohibitions on human cloning; and

(b)      modify regulation or research involving human embryos;

as proposed by the Honourable Minister John Hill in the Statutes Amendment (Prohibition of Human Cloning for Reproduction and Regulation of Research Involving Human Embryos) Bill.

Petitions -
No. 17 - Human Embryos and
Human Cloning.


 

 

By the Hon S. M. Kanck from 300 residents of South Australia, concerning water allocations and River Murray environmental flows.  The Petitioners pray that this Honourable House will do all in its power to promote the buy-back of water allocations by State and Federal Governments in order to improve environmental flows and support sustainable agriculture.

 

No. 18 - Water
Allocations and
River
Murray
Environmental
Flows.

 

10.

Answers to Questions on Notice No. 526 of last Session and Nos. 6, 117, 120 and 135 of this Session, received this day, were tabled by the President who directed that they be distributed and printed in Hansard.

 

Answers to
Questions.

 

11.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Prevention of Cruelty to Animals (Animal Welfare) Amendment Bill.

 

In the Committee

 

                 Clause No. 11, which the Hon. S. M. Kanck had moved to amend on page 11, lines 2 to 20, by leaving out subsection (1) and inserting the following:

     “(1)      For the purposes of administering this Act, an inspector may, in circumstances where there is no suspicion of an offence, exercise powers under this Act to conduct a routine inspection of premises or a vehicle.

     (1a)      A routine inspection must be carried out during normal business hours and the inspector must—

      (a)       give the following persons (as required) a reasonable opportunity to accompany the inspector throughout the inspection:

       (i)       the occupier of the premises or the owner of the vehicle;

      (ii)       a nominee of the occupier of the premises or the owner of the vehicle;

      (iii)      the occupier of the premises or the owner of the vehicle and a nominee of the occupier or owner; and

      (b)      take reasonable steps to minimise any adverse effect of the inspection on the business or activities of the occupier of the premises or the owner of the vehicle.

     (1b)     The Minister must ensure that a routine inspection under this section of premises or a vehicle being used for or in connection with intensive animal husbandry is carried out at least once in each year.”; and

                 which the Hon. D.G.E. Hood had moved to amend on page 11, line 7, by leaving out “reasonable” and inserting “at least 24 hours”; and

                 which the Hon M. C. Parnell had moved to amend on page 11, lines 6 and 7, by leaving out paragraph (a); and

                 which the Hon C. V. Schaefer had moved to amend on page 11, line 18, by leaving out “reasonable steps” and inserting “such steps as are necessary in the circumstances” - further considered.

Prevention of
Cruelty to Animals
(Animal Welfare)
Amendment Bill.

 

 

                 The Minister for Environment and Conservation, by leave, tabled a copy of a Memorandum of Understanding between the Department for Environment and Heritage, the Department of Water Land and Biodiversity Conservation, Primary Industries and Resources South Australia and RSPCA (SA) Incorporated, dated October 2007.

                 Question - that all words in subclause (1) down to but excluding paragraph (a), stand as printed - put.

Document tabled.

 

 

             Committee divided:

Ayes, 16

The Hon. J. A. Darley

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. B. V. Finnigan

The Hon J. M. Gazzola

The Hon. D.G.E. Hood

The Hon. P. Holloway

The Hon. I. K. Hunter

The Hon R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon T. J. Stephens

The Hon. S. G. Wade

The Hon. R. P. Wortley

The Hon. G. E. Gago (Teller)

      So it was resolved in the affirmative.

 

Noes, 3

The Hon. A. M. Bressington

The Hon. M. C. Parnell

The Hon. S. M. Kanck (Teller)

 

 

 

                 Question - That the words in paragraph (a) down to but excluding “reasonable” in line 7, stand as printed - put.

 

 

 

             Committee divided:

Ayes, 16

The Hon. J. A. Darley

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. B. V. Finnigan

The Hon J. M. Gazzola

The Hon. D.G.E. Hood

The Hon. P. Holloway

The Hon. I. K. Hunter

The Hon R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon T. J. Stephens

The Hon. S. G. Wade

The Hon. R. P. Wortley

The Hon. G. E. Gago (Teller)

      So it was resolved in the affirmative.

 

Noes, 3

The Hon. A. M. Bressington

The Hon. S. M. Kanck

The Hon. M. C. Parnell(Teller)

 

 

 

                 Question - That the amendment moved by the Hon. D.G.E. Hood be agreed to - put.

 

 

 

             Committee divided:

Ayes, 9

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon T. J. Stephens

The Hon. S. G. Wade

The Hon. D.G.E. Hood (Teller)

 

      So it passed in the negative.

 

Noes, 10

The Hon. A. M. Bressington

The Hon. J. A. Darley

The Hon. B. V. Finnigan

The Hon. J. M. Gazzola

The Hon. P. Holloway

The Hon. I. K. Hunter

The Hon. S. M. Kanck

The Hon. M. C. Parnell

The Hon. R. P. Wortley

The Hon. G. E. Gago (Teller)

 

 

 

                 Question - That the amendment moved by the Hon. C. V. Schaefer be agreed to - put and passed.

                 The Hon. C. V. Schaefer moved on page 11, after line 22, to insert the following:

           “(3)   This section does not entitle inspectors to conduct a routine inspection of premises or a vehicle that is being used for or in connection with intensive animal husbandry if the Minister is satisfied that the occupier of the premises or the owner of the vehicle complies with a prescribed code of practice in respect of the particular intensive animal husbandry carried on by the occupier or owner.”.

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

                          Clause No. 11, as amended and otherwise amended, agreed to.

                          Clause No. 12 amended and agreed to.

                          Clauses No. 13 to No. 15 agreed to.

                          Clause No. 16 amended and agreed to.

                          Clause No. 17 read.

                 The Hon. C. V. Schaefer moved on page 17, after line 8, to insert the following:

41—Prosecutions

(1)     A prosecution for a summary offence against this Act cannot be commenced except by a person who has the consent of the Minister to commence the prosecution.

(2)     In any proceedings, an apparently genuine document purporting to be a certificate of the Minister certifying consent to a prosecution for a summary offence against this Act will be accepted, in the absence of proof to the contrary, as proof of the consent.”.

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

                          Clause No. 17 agreed to.

                          Clause No. 18 agreed to.

                          New Clause No. 18A inserted.

                          Clause No. 19 read.

                 The Hon. C. V. Schaefer moved on page 17, after line 36, to insert the following:

           “(3)   Section 44—after subsection (4) insert:

      (5)       Despite the previous subsections, no regulation may be made prohibiting an animal of less than, or more than, a specified body weight from being used in a rodeo event.

      (6)       In this section—

rodeo event means any of the following events:

      (a)       saddle bronc riding;

      (b)      bareback bronc riding;

      (c)       bull riding;

      (d)      steer riding;

      (e)       roping or tying;

       (f)       team roping;

      (g)      steer wrestling.”.

                 Question - That the amendment be agreed to - put.

 

 

 

             Committee divided:

Ayes, 8

The Hon. A. M. Bressington

The Hon. J.S.L. Dawkins

The Hon. D.G.E. Hood

The Hon R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. D. W. Ridgway

The Hon T. J. Stephens

The Hon. C. V. Schaefer (Teller)

 

      So it passed in the negative.

 

Noes, 9

The Hon. J. A. Darley

The Hon. A. L. Evans

The Hon. J. M. Gazzola

The Hon. P. Holloway

The Hon. I. K. Hunter

The Hon. S. M. Kanck

The Hon. M. C. Parnell

The Hon. R. P. Wortley

The Hon. G. E. Gago (Teller)

 

 

 

 

                          Clause No. 19 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.

                 Ordered - That the Bill be recommitted in respect of clause No. 17.

                 The President then left the Chair, and the Council resolved itself into a Committee of the Whole for the reconsideration of clause No. 17.

 

In the Committee

 

                          Clause No.17 reconsidered.

                 The Hon. C. V. Schaefer moved on page 17, after line 8, to insert after section 40, the following:

41—Prosecutions

(1)     A prosecution for a summary offence against this Act may only be commenced by -

(a)     an inspector; or

(b)    a prescribed person or a person of a prescribed class.

(2)     In proceedings for any such offence, an allegation in the complaint that a person named in the complaint was, at a specified time—

(a)     an inspector; or

(b)    a prescribed person or a person of a prescribed class,

          is, in the absence of proof to the contrary, proof of the matter alleged.”

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

____________________

 

                 The President resumed the Chair, and reported that the Committee had reconsidered the Bill and had agreed to the same without further amendment; whereupon the Council adopted such reports.

                 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.

 

 

12.

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

 

Postponement
of Business.

 

13.

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

Message No. 69

                 MR. PRESIDENT - The House of Assembly has disagreed to the amendments made by the Legislative Council in the Legal Profession Bill as indicated in the annexed schedule. The House of Assembly returns the Bill herewith and desires its reconsideration.

House of Assembly, 27 February 2008.                                                              J. J.  SNELLING, Speaker.

 

Messages from
House of Assembly:
Legal Profession Bill.

 

 

Schedule of the amendments made by the Legislative Council

to which the House of Assembly has disagreed

Amendment No. 1–

Clause 301, page 155, after line 31—

Clause 301(4)—after paragraph (n) insert:

     (na)     the costs of exercising a right or remedy subrogated to the Society under section 322;

Amendment No. 2–

Clause 301, page 156, lines 1 and 2—

Clause 301(7)—delete subclause (7)

Amendment No. 3–

Clause 313, page 161, line 10—

Clause 313(1)—delete "all claims to which the notice relates is—" and substitute:

any particular claim to which the notice relates is 30 percent

 

 

 

Amendment No. 4–

Clause 313, page 161, lines 11 and 12—

Clause 313(1)(a) and (b)—delete paragraphs (a) and (b)

Amendment No. 5–

Clause 313, page 161, line 15—

Clause 313(1)—delete "claims" and substitute:

claim

Amendment No. 6–

Clause 319, page 163, lines 17 to 19—

Clause 319(1)—delete ", unless the Society considers that special circumstances exist warranting a reduction in the amount of costs or warranting a determination that no amount should be paid for costs"

Amendment No. 7–

Clause 319, page 163, line 23—

Clause 319(3)—after "guarantee fund" insert:

on a party and party basis

Amendment No. 8–

Clause 321, page 164, lines 1 to 5—

Clause 321(c) and (d)—delete paragraphs (c) and (d)

Amendment No. 9–

Clause 321, page 164, lines 7 to 9—

Clause 321(2)—delete subclause (2)

Amendment No. 10–

Clause 322, page 164, lines 19 to 21—

Clause 322(3)—delete subclause (3)

Amendment No. 11–

Clause 326, page 165, lines 30 to 36—

Clause 326(3)—delete subclause (3)

Amendment No. 12–

Clause 327, page 166, lines 17 to 23—

Clause 327(3)—delete subclause (3)

Amendment No. 13–

Clause 331, page 168, lines 8 to 10—

Clause 331(2)—delete subclause (2) and substitute:

      (2)       A levy is to be of such amount as the Society determines and may differ according to factors determined by the Society.

Amendment No. 14–

Clause 331, page 168, line 11—

Clause 331(3)—delete "Attorney‑General" and substitute:

Society

Amendment No. 15–

Clause 331, page 168, after line 18—

Clause 331—after subclause (4) insert:

      (5)       However, a levy may not be imposed under this section without the written authorisation of the Attorney-General.

 

 

 

Amendment No. 16–

New clause, page 249, after line 34—

After clause 513 insert:

513A—Rules of Supreme Court may assign functions or powers

      (1)       The Supreme Court may, by rules of court, assign to a specified person or body, or to a person occupying a specified office or position, any functions or powers conferred on or vested in it under—

      (a)       Chapter 2 Part 4 or 5; or

      (b)      Part 1 of this Chapter; or

      (c)       any other provision of this Act prescribed by regulation for the purposes of this section.

      (2)       The rules of the Supreme Court may specify that an assignment of functions or powers under this section is subject to conditions and limitations.

      (3)       A decision made by a person or body acting in accordance with an assignment of functions or powers under this section may, subject to the rules of the Supreme Court, be appealed against to the Supreme Court by the person in relation to whom the decision was made.

      (4)       On such an appeal, the Supreme Court—

      (a)       may confirm, vary or reverse the decision; and

      (b)      may make any consequential or ancillary order.

      (5)       If a person or body makes a decision in accordance with an assignment of functions or powers under this section that is adverse to the person in relation to whom the decision was made, the person or body must, as soon as practicable, give an information notice to the person.

Amendment No. 17–

Schedule 1, page 253, lines 14 to 17—

Schedule 1, clause 13(1)(b)—delete paragraph (b) and substitute:

      (b)      a claim in respect of a default (within the meaning of that Part) occurring before the commencement of this clause if the claim had not been determined under Part 5 of the repealed Act before the commencement of this clause.

M. LEHMAN, Clerk of the House of Assembly.

                 Ordered - That the Message be taken into consideration on next day of sitting.

 

 

 

     

Message No. 70

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend various Acts to make provision for miscellaneous evidentiary and other procedural matters, to which it desires the concurrence of the Legislative Council.

House of Assembly, 27 February 2008.                                                              J. J. SNELLING, Speaker.

                 Bill read a first time.

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

                 On motion of the Hon. D. W. Ridgway, the debate was adjourned until next day of sitting.

 

Statutes Amendment (Evidence and
Procedure) Bill.

 

 

14.

Council adjourned at fourteen minutes past six o’clock until Tuesday next at fifteen minutes past two o’clock.

 

Adjournment.

 

 

_________________________

 

 

 

 

 

 

Members present during any part of the sitting:

 

 

 

 

The Hon. A. M. Bressington

The Hon. J. A. Darley

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. M. C. Parnell

 

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. T. J. Stephens

The Hon. S. G. Wade

The Hon. R. P. Wortley

The Hon. C. Zollo