SOUTH AUSTRALIA]

No. 51

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  28  MARCH  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 Hon. J. M. Gazzola brought up the Twenty-First Report, 2006-2007, of the Legislative Review Committee.

Legislative
Review
Committee -
Twenty-First
Report, 2006-2007.

 

    3.

The following Paper was laid upon the Table, viz.:

        By the Minister for Environment and Conservation (The Hon. G. E. Gago) -

                 Australian Children’s Performing Arts Company - Charter as at October 2006.

 

Paper.

   4.

The Hon. A. M. Bressington, without notice, moved - That the Standing Orders be so far suspended as to enable her to move a motion without notice for an Instruction to the Select Committee on Families SA.

                 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.

 

 

 

                 The Hon. A. M. Bressington moved - That it be an Instruction to the Select Committee on Families SA that the composition of the Select Committee be reduced from six Members to four Members because of the resignation of the Hon. R. I. Lucas and the Hon. N. Xenophon, and that the quorum be fixed at three Members instead of four Members.

                 Question put and passed.

 

Select Committee
on Families SA -
Instruction -
Reduction in
Composition
and Quorum.

 

   5.

The Hon. D. W. Ridgway, in asking a question to the Minister for Environment and Conservation, quoted from a letter to Mr. J. Rau, M.P., Presiding Member, Natural Resources Committee, from Mr. Nigel Hand, District Manager, District Council of Barunga West, dated 26 March 2007.

                 And having called for the document to be tabled, the Minister for Environment and Conservation moved - That the document be tabled.

                 Question put and passed.

 

Document Tabled.

   6.

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

 

Statements on
Matters of Interest.

   7.

The Hon. I. K. Hunter, pursuant to notice, moved - That the Report of the Social Development Committee on its Inquiry into Fast Foods and Obesity be noted.

                 Debate ensued.

                 On motion of the Hon. B. V. Finnigan, the debate was adjourned until Wednesday, 18 April 2007.

 

Social Development
Committee - Report
on Inquiry into Fast
Foods and Obesity -

Motion re.

   8.

Order of the Day read for the Report of the Select Committee on Collection of Property Taxes by State and Local Government, including Sewerage Charges by SA Water to be brought up:

                 Ordered - That the Committee have leave to sit during the recess and report on the first day of next Session.

Select Committee
on Collection of
Property Taxes by
State and Local
Government,
including Sewerage
Charges by
SA Water.

 

   9.

Order of the Day read for the Report of the Select Committee on Pricing, Refining, Storage and Supply of Fuel in South Australia to be brought up:

                 Ordered - That the Committee have leave to sit during the recess and report on the first day of next Session.

 

Select Committee
on Pricing, Refining,
Storage and Supply
of Fuel in
South Australia.

 

10.

Order of the Day read for the Report of the Select Committee on Allegedly Unlawful Practices Raised in the Auditor-General’s Annual Report, 2003-2004 to be brought up:

                 Ordered - That the Committee have leave to sit during the recess and report on the first day of next Session.

 

Select Committee on
Allegedly Unlawful
Practices Raised in
the Auditor-
General’s Annual
Report, 2003-2004.

 

11.

Order of the Day read for the Report of the Select Committee on the Atkinson/Ashbourne/Clarke Affair to be brought up:

                 Ordered - That the Committee have leave to sit during the recess and report on the first day of next Session.

 

Select Committee
on Atkinson/
Ashbourne/Clarke
Affair.

12.

Order of the Day read for the Report of the Select Committee on the Selection Process for the Principal at the Elizabeth Vale Primary School to be brought up:

                 Ordered - That the Committee have leave to sit during the recess and report on the first day of next Session.

 

Select Committee on
the Selection Process
for the Principal at
the Elizabeth Vale
Primary School.

 

13.

Ordered - separately - That Orders of the Day (Private Business) No. 6 and No. 7 be Orders of the Day for Wednesday, 18 April 2007.

 

Postponement
of Business.

14.

Ordered - That Order of the Day (Private Business) No. 8 be postponed and ordered to be resumed on motion.

 

Postponement
of Business.

15.

Ordered - separately - That Orders of the Day (Private Business) No. 9 to No. 16 be Orders of the Day for Wednesday, 18 April 2007.

 

Postponement
of Business.

16.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. S. M. Kanck - That the Legislative Council -

        I.   Notes that -

(a)     the estimated water savings of 11 gigalitres from blocking off the water supply to Lake Bonney is a miniscule amount compared to the 5400 gigalitres of savings proposed in the Prime Minister’s National Plan for Water Security;

(b)    damming Chambers creek would artificially disrupt the natural operations of the Murray River and its associated lakes and wetlands, all of which play important roles in the complex ecosystem, with potential impact on the rare Broad Shelled Turtle;

(c)     local people with intimate knowledge of the Lake and river system believe this would lead to a decline in water quality, algal blooms and fish dies-offs that would make the Lake unfit for almost all other forms of life; and

(d)    there has been no environmental impact assessment of the effect on the ecosystem of Lake Bonney; and

Damming of
Lake Bonney -
Motion re.

 

       II.   Calls on the Government to delay the damming of Lake Bonney until the impact of recent rainfall in Queensland and New South Wales, and South Australia’s winter rainfall can be taken into account, to allow for a comprehensive environmental impact assessment to be prepared, and for the progressing of other water saving measures:

                 Debate resumed.

                 Question put and passed.

 

 

17.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. M. C. Parnell - That the Legislative Council of South Australia write to the President of the United of States of America asking for South Australian, David Hicks, to be brought home to South Australia:

                 Debate resumed.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday, 18 April 2007.

 

David Hicks’ return
to South Australia -
Motion re.

18.

Ordered - That Order of the Day (Private Business) No. 19 be an Order of the Day for Wednesday, 18 April 2007.

 

Postponement
of Business.

19.

Ordered - That Order of the Day (Private Business) No. 20 be postponed and ordered to be resumed on motion.

 

Postponement
of Business.

20.

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

        I.   That a Committee to be called the “Budget and Finance Committee” be appointed to monitor and scrutinise all matters relating to the State Budget and the financial administration of the State.

       II.   That the Standing Orders of the Legislative Council in relation to Select Committees be applied and accordingly -

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

(b)    That this Council permits the Committee to authorise the disclosure or publication, as it sees fit, of any evidence or documents presented to the Committee prior to any such evidence being reported to the Council; and

(c)     That Standing Order No. 396 be suspended to enable strangers to be admitted when the Committee is examining witnesses unless the Committee otherwise resolves, but they shall be excluded when the Committee is deliberating:

Budget and Finance
Committee -
Appointment of -
Motion re.

 

                 Debate resumed.

          And the Hon. B. V. Finnigan having obtained leave to conclude his remarks, the debate was adjourned and ordered to be resumed on motion.

 

 

21.

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.

 

22.

Ordered - That the adjourned debate on the motion of the Hon. R. I. Lucas -

        I.   That a Committee to be called the “Budget and Finance Committee” be appointed to monitor and scrutinise all matters relating to the State Budget and the financial administration of the State.

       II.   That the Standing Orders of the Legislative Council in relation to Select Committees be applied and accordingly -

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

(b)    That this Council permits the Committee to authorise the disclosure or publication, as it sees fit, of any evidence or documents presented to the Committee prior to any such evidence being reported to the Council; and

(c)     That Standing Order No. 396 be suspended to enable strangers to be admitted when the Committee is examining witnesses unless the Committee otherwise resolves, but they shall be excluded when the Committee is deliberating.

- be now resumed.

Budget and Finance
Committee -
Appointment of -
Motion re.

 

                 Debate resumed.

          The Hon. M. C. Parnell moved to amend the motion after Paragraph II, by inserting new paragraph as follows:

“III.      That Members of the Council who are not Members of the Committee may, at the discretion of the Chairperson, participate in proceedings of the Committee but may not vote, move any motion or be counted for purposes of a quorum.”

          Question - That new paragraph III, as proposed to be inserted by the Hon. M. C. Parnell, be so inserted - put and passed.

          Question - That the motion moved by the Hon. R. I. Lucas and as amended by the Hon. M. C. Parnell, be agreed to - put.

 

 

             Council divided:

Ayes, 14

The Hon. A. M. Bressington

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. D.G.E. Hood

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. G. Stephens

The Hon. S. G. Wade

The Hon. N. Xenophon

The Hon. R. I. Lucas (Teller)

So it was resolved in the affirmative

 

Noes, 7

The Hon. B. V. Finnigan

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. I. K. Hunter

The Hon. R. P. Wortley

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

                 The Hon. R. I. Lucas then moved - That the Select Committee consist of the Hon. J. M. Gazzola, the Hon. D.G.E. Hood, the Hon. C. V. Schaefer, the Hon. R. P. Wortley and the mover.

                 Question put and passed.

 

 

                 The Hon. R. I. Lucas moved - That the Select Committee have power to send for persons, papers and records and have leave to sit during the recess and report on the first day of next session.

                 Question put and passed.

 

Committee
Appointed.

23.

Ordered - That Orders of the Day (Private Business) No. 22 to No. 49 and Orders of the Day (Government Business) No. 1 to No. 7 be postponed and taken into consideration after Order of the Day (Government Business) No. 8.

 

Postponement
of Business.

24.

On the Order of the Day being read for the Council to resolve itself into a Committee of the Whole for the further consideration of the Climate Change and Greenhouse Emissions Reduction Bill:

                 The Hon. M. C. Parnell moved - That the Standing Orders be so far suspended as to enable him to move an Instruction without Notice.

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

                 The Hon. M. C. Parnell moved - That it be an Instruction to the Committee of the Whole that it have power to consider a Schedule concerning amendments to the Parliamentary Remuneration Act 1990 and the Parliamentary Committees Act 1991.

                 Question put and passed.

                 The President then left the Chair, and the Council resolved itself into a Committee of the Whole for the further consideration of the Bill.

 

In the Committee

 

                          Clause No. 1 further considered and agreed to.

                          Clause No. 2 agreed to.

                          Clause No. 3 read.

                 The Hon. M. C. Parnell moved on page 3, line 8, to leave out “60%” and insert “80%”.

                 Question - That the amendment be agreed to - put.

Climate Change
and Greenhouse
Emissions Reduction
Bill.

 

             Committee divided:

Ayes, 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)

 

 

 

 

 

 

 

 

 

So it passed in the negative.

 

Noes, 15

The Hon. J.S.L. Dawkins

The Hon. B. V. Finnigan

The Hon. J. M. Gazzola

The Hon. P. Holloway

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. C. V. Schaefer

The Hon. T. J. Stephens

The Hon. S. G. Wade

The Hon. R. P. Wortley

The Hon. C. Zollo

The Hon. G. E. Gago (Teller)

 

 

                 The Hon. M. C. Parnell moved on page 3, line 13 and line 16, to leave out “20%” and insert “25%” where occurring.

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

                 The Hon. S. M. Kanck moved on page 3, after line 24, to insert new subparagraph as follows:

     “(iv)     the development and implementation of policies that assess the amount of greenhouse gas emissions caused by, or arising from, major residential, commercial or industrial development; and”.

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

                 The Hon. M. C. Parnell moved on page 3, line 29, after “atmosphere” to insert “but excluding technologies that relate to nuclear energy or uranium enrichment”.

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

                          Clause No. 3 otherwise amended and agreed to.

                          Clause No. 4 read.

                 The Hon. S. M. Kanck moved on page 5, after line 4, to insert the following:

 “renewable energy source means a source that generates energy in a sustainable manner such as the sun, wind, waves, tides, the hydrological cycle, biomass and geothermal sources, and products produced from energy crops, but does not include any source based on nuclear fission;”.

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

                          Clause 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 motion.

 

 

25.

At twelve minutes past ten o’clock the sitting was suspended until the ringing of the bells.

                 At twenty-nine minutes to eleven o’clock the sitting was resumed.

 

Suspension and
Resumption of
Sitting.

 

  26.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Climate Change and Greenhouse Emissions Reduction Bill.

 

In the Committee

 

                          Clause 5 further considered.

                 The Hon. D. W. Ridgway moved on page 5, after line 12, to insert new subclause as follows:

    “(1a)     An interim target in connection with the SA target under subsection (1) is to reduce by 31 December 2020 greenhouse gas emissions within the State by at least 20% to an amount that is equal to or less then 80% of 1990 levels.”.

                 The Hon. M. C. Parnell moved on page 5, after line 12, to insert new subclause as follows:

“(1a)    An interim target in connection with the SA target under subsection (1) is to reduce by 31 December 2020 greenhouse gas emissions within the State by at least 30% to an amount that is equal to or less than 70% of 1990 levels.”.

                 The Hon. S. M. Kanck moved on page 5, after line 12, to insert new subclause as follows:

“(1a)    An interim target in connection with the SA target under subsection (1) is to reduce by 31 December 2020 greenhouse gas emissions within the State by at least 25% to an amount that is equal to or less than 75% of 1990 levels.”.

                 Question - That new subclause (1a), as proposed to be inserted by the Hon. D. W. Ridgway, be so inserted - put and passed.

                 The Hon. M. C. Parnell moved on page 6, after line 9, to insert new subclauses as follow:

“(8)       If a target set under subsection (1), (1a) or (2) is not met, the Premier must, within 3 months after the date set for achieving the target, appoint a person to conduct an inquiry into why the target has not been met.

(9)         The person appointed under subsection (8)—

(a)     will have the powers of a commission under the Royal Commissions Act 1917, and that Act will apply as if—

(i)      the person were a commission as so defined; and

(ii)     the subject matter of the inquiry under this section were set out in a commission of inquiry issued by the Governor under that Act; and

(b)    will be required to complete the inquiry and furnish a report on the inquiry to the Premier within 12 months after being appointed.

(10)       The Premier must cause a copy of a report received under subsection (9) to be laid before both Houses of Parliament within 6 sitting days after the report is presented to the Premier.”.

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

                          Clause No. 5, as amended and otherwise amended, agreed to.

                          Clause No. 6 read.

                 The Hon. M. C. Parnell moved on page 7, after line 33, to insert new subclause as follows:

     “(4)      The Minister must not, in acting under this section, support technologies or initiatives that relate to nuclear energy or uranium enrichment.”.

                 The Minister for Environment and Conservation moved on page 7, after line 33, to insert new subclause as follows:

     “(4)      The Minister must not, in acting under this section, support technologies that relate to generating nuclear energy or enriching uranium in South Australia.”.

                 Question - That new subclause (4), as proposed to be inserted by the Hon. M. C. Parnell, be so inserted - put and negatived.

                 Question - That new subclause (4), as proposed to be inserted by the Minister for Environment and Conservation, be so inserted - put.

Climate Change
and Greenhouse
Emissions Reduction
Bill.

 

             Committee divided:

Ayes, 10

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. N. Xenophon

The Hon. C. Zollo

The Hon. G. E. Gago (Teller)

 

So it passed in the negative.

 

Noes, 11

The Hon. A. M. Bressington

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. D.G.E. Hood

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. C. V. Schaefer

The Hon. T. J. Stephens

The Hon. S. G. Wade

The Hon. D. W. Ridgway (Teller)

 

 

_____________________

 

And it being twelve of the clock:

THURSDAY 29 MARCH 2007

_____________________

 

 

 

                          Clause No. 6 agreed to.

                          Clause No. 7 read.

                 The Hon. M. C. Parnell moved on page 7, line 35, to leave out subclause (1) and insert new subclauses as follows:

“(1)      The Minister must prepare an annual report on the operation of this Act.

(1a)      The report must be prepared by 31 October in each year and relate to the immediately preceding financial year.”.

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

                 The Hon. S. M. Kanck moved on page 8, after line 35, to insert new subclause as follows:

“(6)      The second report prepared under this section must include a comprehensive assessment and analysis of, and proposals to address—

(a)     carbon cycle feedbacks; and

(b)     positive feedback mechanisms.”.

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

                          Clause No. 7 otherwise amended and agreed to.

                          Clause No. 8 agreed to.

                          Clause No. 9 read.

                 The Hon. M. C. Parnell moved on page 9, after line 7, to insert the following:

“The Council—

(a)     is a body corporate with perpetual succession and a common seal; and

(b)     is capable of suing and being sued in its corporate name; and

(c)     is capable of acquiring, holding or dealing with real or personal property in its corporate name; and

(d)     has the functions and powers assigned or conferred under this Act.”.

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

                 The Hon. S. M. Kanck moved on page 9, after line 19, to insert new subclause as follows:

“(3a)    The Minister must ensure that a majority of members of the Council are appointed from the sectors represented by subsection (2)(b) to (e).”.

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

                          Clause No. 9 otherwise amended and agreed to.

                          Clause No. 10 read.

                 The Hon. R. I. Lucas moved - That the Chairperson report progress and obtain for the Committee leave to sit again.

                 Question put.

 

 

             Committee divided:

Ayes, 14

The Hon. A. M. Bressington

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. D.G.E. Hood

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. N. Xenophon

The Hon. R. I. Lucas (Teller)

So it was resolved in the affirmative

 

Noes, 7

The Hon. B. V. Finnigan

The Hon. J. M. Gazzola

The Hon. P. Holloway

The Hon. I. K. Hunter

The Hon. R. P. Wortley

The Hon. C. Zollo

The Hon. G. E. Gago (Teller)

 

 

_____________________

 

                 The President resumed the Chair and reported progress and obtained for the Committee leave to sit again on next day of sitting.

 

 

27.

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

 

Postponement
of Business.

28.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 7 and No. 9 to No. 12 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

29.

The Minister for Police, according to order, moved - That the Psychological Practice Bill be now read a second time.

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

 

Psychological
Practice Bill.

 

30.

Ordered - That the Council, at its rising, do adjourn until today at eleven o’clock a.m.

 

Next Day
of Sitting.

 

  31.

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

Message No. 89

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to provide for the appropriation of money from the Consolidated Account for the financial year ending 30 June 2008, to which it desires the concurrence of the Legislative Council.

House of Assembly, 28 March 2007.                                            M. G. THOMPSON, Deputy Speaker.

                 Bill read a first time.

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

 

Messages from
House of Assembly:
Supply Bill.

 

 

Message No. 90

                 MR. PRESIDENT - The House of Assembly has agreed to the amendments made by the Legislative Council in the Local Government (Stormwater Management) Amendment Bill without amendment.

House of Assembly, 28 March 2007.                                            M. G. THOMPSON, Deputy Speaker.

 

Local Government
(Stormwater
Management)
Amendment Bill.

 

 

Message No. 91

                 MR. PRESIDENT - The House of Assembly has agreed to the amendment made by the Legislative Council in the Barley Exporting Bill without amendment.

House of Assembly, 28 March 2007.                                            M. G. THOMPSON, Deputy Speaker.

 

Barley Exporting
Bill.

 

 

Message No. 92

                 MR. PRESIDENT - The House of Assembly has agreed to the amendment made by the Legislative Council in the Pharmacy Practice Bill without amendment.

House of Assembly, 28 March 2007.                                            M. G. THOMPSON, Deputy Speaker.

 

Pharmacy Practice
Bill.

 

32.

Council adjourned at nineteen minutes to one o’clock a.m. until today at eleven o’clock a.m.

 

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. C. V. Schaefer

The Hon. T. J. Stephens

The Hon. S. G. Wade

The Hon. R. P. Wortley

The Hon. N. Xenophon

The Hon. C. Zollo