SOUTH AUSTRALIA]

No. 60

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY  28  JUNE  2005

 

 

 

   1.

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

                 The President read prayers.

 

Meeting of
Council.

 

    2.

A Messenger from the Governor’s Deputy having been announced by Black Rod, the following Message was received and read:

Message No. 11.

                 The Governor’s Deputy informs the Legislative Council that, in the name and on behalf of Her Majesty The Queen, the following Acts have been assented to during the present Session, viz.:

                 No. 17 of 2005 - An Act to amend the Mining Act 1971.

                 No. 18 of 2005 - An Act to alter the trusts applicable to the Naracoorte Town Square to enable certain works to be undertaken; and for other purposes.

                 No. 19 of 2005 - An Act to provide for the confiscation of proceeds and instruments of crime; to make related amendments to the Controlled Substances Act 1984, the Criminal Law Consolidation Act 1935, the Financial Transaction Reports (State Provisions) Act 1992 and the Legal Services Commission Act 1977; to repeal the Criminal Assets Confiscation Act 1996; and for other purposes.

                 No. 20 of 2005 - An Act to amend the Historic Shipwrecks Act 1981, the National Parks and Wildlife Act 1972, the Native Vegetation Act 1991, the Natural Resources Management Act 2004, the Pastoral land Management and Conservation Act 1989, the Radiation Protection and Control Act 1982, the Water Resources Act 1997 and the Wilderness Protection Act 1992.

                 No. 21 of 2005 - An Act to amend the Environment Protection Act 1993.

                 No. 22 of 2005 - An Act to amend the Gaming Machines Act 1992, the Liquor Licensing Act 1997 and the Security and Investigation Agents Act 1995.

                 No. 23 of 2005 - An Act to amend the Road Traffic Act 1961; and to make related amendments to the Summary Offences Act 1953.

                 No. 24 of 2005 - An Act for the appropriation of money from the Consolidated Account for the financial year ending on 30 June 2006.

                 No. 25 of 2005 - An Act to amend the Public Sector Management Act 1995.

                 No. 26 of 2005 - An Act to protect the health and safety of the public by providing for the registration of physiotherapists and physiotherapy students; to regulate the provision of physiotherapy for the purpose of maintaining high standards of competence and conduct by the persons who provide it; to repeal the Physiotherapists Act 1991; and for other purposes.

Government House, Adelaide, 28 June 2005.                           J. DOYLE, Governor’s Deputy.

 

Message from
Governor’s Deputy:
Assent to Bills.

 

    3.

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

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

                 Regulations under the following Acts -

                          Coroners Act 2003 - Reportable Death.

                           Highways Act 1926 - Port River Expressway Project.

                          Land Tax Act 1936 - Prescribed Associations.

                          Legal Practitioners Act 1981 - Fees.

                          Magistrates Court Act 1991 - Fees - Erratum.

                          Public Corporations Act 1993 - South Australian Infrastructure Corporation.

                 Classification (Publications, Films and Computer Games Act 1995 - National Classification Code.

                 Classification (Publications, Films and Computer Games Act 1995 - Guidelines for the Classification of Films and Computer Games.

                 Classification (Publications, Films and Computer Games Act 1995 - Guidelines for the Classification of Publications 2005.

        By the Minister for Industry and Trade on behalf of the Minister for Aboriginal Affairs and Reconciliation (The Hon. T. G. Roberts) -

                 Regulations under the following Acts -

                          Adelaide Dolphin Sanctuary Act 2005 - Prescribed Bodies.

                          Authorised Betting Operations Act 2000 - Betting Price Information.

                          Historic Shipwrecks Act 1981 - Prohibition.

                          Natural Resources Management Act 2004 - Transitional Levies.

                          Prevention of Cruelty to Animals Act 1985 - Traps and Codes.

                          Radiation Protection and Control Act 1982 - Ionising Radiation.

                          Upper South East Dryland Salinity and Flood Management Act 2002 - Project Scheme.

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

                 Regulations under the following Acts -

                          Controlled Substances Act 1984 - Poisons.

                          Fisheries Act 1982 - Miscellaneous Fees.

                          Medical Practice Act 2004 - Miscellaneous.

                          Occupational Therapists Act 1974 - Prescribed Qualifications.

                          South Australian Health Commission Act 1976 - Fees for Services.

 

Papers.

 

   4.

The Minister for Industry and Trade, pursuant to notice, moved - That a further eights days’ leave of absence be granted to the Hon. T. G. Roberts on account of illness.

                 Question put and passed.

 

Leave of Absence.

 

   5.

The Minister for Industry and Trade, according to order, moved - That the Appropriation Bill be now read a second time.

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

 

Appropriation Bill.

 

 

   6.

Ordered - That Orders of the Day (Government Business) No. 2 to No. 11 be postponed and taken into consideration after Order of the Day (Government Business) No. 12.

 

Postponement
of Business.

 

   7.

On the Order of the Day being read for the adjourned debate on the question - That the Ambulance Services (SA Ambulance Service Inc) 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.

                          Clause No. 7 read.

                 The Hon. J.M.A. Lensink moved on page 4, lines 1 and 2, to leave out “selected by the Minister from a panel of 3 such officers”.

                 Question - That the amendment be agreed to - put.

Ambulance Services
(SA Ambulance
Service Inc)
Amendment Bill.

 

 

             Committee divided:

Ayes, 10

The Hon. T. G. Cameron

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. T. J. Stephens

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

 

Noes, 9

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. K. J. Reynolds

The Hon. R. K. Sneath

The Hon. N. Xenophon

The Hon. C. Zollo (Teller)

 

 

 

        And so it was resolved in the affirmative.

                 The Hon. J.M.A. Lensink moved on page 4, line 6, to leave out “selected by the Minister from a panel of 3 such officers”.

                 Question - That the amendment be agreed to - put.

 

 

 

             Committee divided:

Ayes, 10

The Hon. T. G. Cameron

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. T. J. Stephens

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

 

Noes, 9

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. K. J. Reynolds

The Hon. R. K. Sneath

The Hon. N. Xenophon

The Hon. C. Zollo (Teller)

 

 

 

        And so it was resolved in the affirmative.

                 The Hon. J.M.A. Lensink moved on page 4, lines 10 and 11, to leave out paragraph (e) and insert new paragraph as follows:

                          “(e)   1 must be chosen at an election held in accordance with the regulations”.

                 Question - That the amendment be agreed to - put.

 

 

 

             Committee divided:

Ayes, 10

The Hon. T. G. Cameron

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. D. W. Ridgway

The Hon. J. F. Stefani

The Hon. T. J. Stephens

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

 

Noes, 9

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. K. J. Reynolds

The Hon. R. K. Sneath

The Hon. N. Xenophon

The Hon. C. Zollo (Teller)

 

 

 

        And so it was resolved in the affirmative.

                          Clause No. 7, as amended, agreed to.

                          Clauses No. 8 and No. 9 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 Emergency Services, 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 Emergency Services then moved - That this Bill be now read a third time.

                 Debate ensued.

 

 

 

 

                 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. 2 and No. 3 be an Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

   9.

Ordered - That Orders of the Day (Government Business) No. 4 to No. 11 be postponed and taken into consideration after Order of the Day (Government Business) No. 13.

 

Postponement
of Business.

 

10.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (Budget 2005) 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. 22 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 Industry and Trade, 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.

 

Statutes Amendment
(Budget 2005) Bill.

 

11.

On the Order of the Day being read for the adjourned debate on the question - That the Development (Sustainable Development) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. G. E. Gago, the debate was adjourned until next day of sitting.

 

Development
(Sustainable
Development)
Amendment Bill.

 

12.

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

 

Postponement
of Business.

 

13.

Ordered - That Orders of the Day (Government Business) No. 8 to No. 10 be postponed and taken into consideration after Order of the Day (Government Business) No. 11.

 

Postponement
of Business.

 

14.

On the Order of the Day being read for the adjourned debate on the question - That the Recreational Services (Limitation of Liability) (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 and 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 Industry and Trade, 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.

 

Recreational Services
(Limitation of
Liability)
(Miscellaneous)
Amendment Bill.

 

15.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Statutes Amendment (Universities) Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 46 agreed to.

                          Schedule 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 Industry and Trade, 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.

 

Statutes Amendment
(Universities) Bill.

 

16.

The Minister for Industry and Trade, without notice, moved - That the Standing Orders be so far suspended as to enable the Clerk to deliver Messages and the Statutes Amendment (Budget 2005) Bill, the Ambulance Services (SA Ambulance Service Inc) Amendment Bill, the Recreational Services (Limitation of Liability) (Miscellaneous) Amendment Bill and the Statutes Amendment (Universities) Bill to the Speaker of the House of Assembly, notwithstanding the fact that the House of Assembly is not sitting.

                 Debate ensued.

                 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 -
Clerk to deliver
Messages and Bills.

 

17.

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

 

Postponement
of Business.

 

18.

Council adjourned at twenty-two minutes past six o’clock until tomorrow 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. C. V. Schaefer

The Hon. R. K. Sneath

The Hon. J. F. Stefani

The Hon. T. J. Stephens

The Hon. N. Xenophon

The Hon. C. Zollo

 

 

Member absent on leave - The Hon. T. G. Roberts