SOUTH AUSTRALIA]

No. 30

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  28  AUGUST  2002

 

 

 

   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 Minister for Aboriginal Affairs and Reconciliation (The Hon. T. G. Roberts) -

                 Reports -

                          City of Playford - Playford (City) Development Plan - Heritage Plan Amendment.

                          City of Port Lincoln - Port Lincoln (City) Development Plan - Format and Policy Review Plan Amendment.

                          Wind Farms Plan Amendment.

                 District Council By-laws - Copper Coast -

                          No. 1 - Permits and Penalties.

                          No. 2 - Boat Ramp.

 

Papers.

   3.

The Minister for Agriculture, Food and Fisheries (The Hon. P. Holloway) tabled a Ministerial Statement made by the Premier (The Hon. M. D. Rann, M.P.) concerning South Australia’s Drought Affected Farms.

 

Paper Tabled.

   4.

The Minister for Agriculture, Food and Fisheries tabled a Ministerial Statement made by the Premier concerning an Armed Robbery at the School Canteen at Salisbury North West Primary.

 

Paper Tabled.

   5.

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. A. J. Redford to complete a question to the Minister and for him 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.

   6.

The President called on Members to make Statements on Matters of Interest.

 

Statements
on Matters
of Interest.

 

   7.

Ordered - separately - That Notices of Motion (Private Business) No. 1 to No. 3 be Orders of the Day for Wednesday, 16 October 2002.

 

Postponement
of Business.

   8.

Ordered - That Orders of the Day (Private Business) No. 1 to No. 33 be postponed and taken into consideration after Order of the Day (Government Business) No. 18.

 

Postponement
of Business.

   9.

Ordered - separately - That Orders of the Day (Government Business) No. 1 and No. 2 be postponed and taken into consideration on motion.

 

Postponement
of Business.

10.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Essential Services Commission Bill.

 

In the Committee

 

                          Clause No. 1 further considered and agreed to.

                          Clauses No. 2 to No. 5 agreed to.

                          Clause No. 6 read.

                 The Hon. M. J. Elliott moved on page 7, after line 6, to insert new subparagraph as follows:

                          “(vii)   minimise social and environmental costs; and”.

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

                          Clause No. 6 agreed to.

                          Clauses No. 7 to No. 53 agreed to.

                          Schedule 1 agreed to.

                          Schedule 2 agreed to.

                          Schedule 3 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.

 

Essential Services
Commission Bill.

11.

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

 

In the Committee

 

                          Clause No. 1 further considered and agreed to.

                          Clauses No. 2 to No. 9 agreed to.

                          Clause No. 10 amended and agreed to.

                          Clause No. 11 amended and agreed to.

                          Clauses No. 12 to No. 21 agreed to.

                          New clause No. 21A inserted.

                          Clauses No. 22 to No. 24 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 with amendments; 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.

 

Electricity
(Miscellaneous)
Amendment Bill.

  12.

Ordered - That the adjourned debate on the question - That the Appropriation Bill be now read a second time - be now resumed.

                 Debate resumed.

                 And the Minister for Agriculture, Food and Fisheries having obtained leave to conclude his remarks, the debate was adjourned and ordered to be resumed on motion.

 

Appropriation Bill.

13.

The Minister for Agriculture, Food and Fisheries, without notice, moved - That the Standing Orders be so far suspended as to enable him to give a Notice of Motion after the time for giving such notice had expired.

                 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.

14.

Ordered - That Orders of the Day (Government Business) No. 5 to No. 8 be postponed and taken into consideration after Order of the Day (Government Business) No. 9.

 

Postponement
of Business.

15.

On the Order of the Day being read for the adjourned debate on the on the question - That the Statutes Amendment (Third Party Bodily Injury Insurance) Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. R. K. Sneath, the debate was adjourned until next day of sitting.

 

Statutes Amendment
(Third Party Bodily
Injury Insurance)
Bill.

16.

At four minutes 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.

17.

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.

18.

On the Order of the Day being read for the adjourned debate on the question - That the Stamp Duties (Rental Business and Conveyance Rates) 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. 8 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.

 

Stamp Duties
(Rental Business
and Conveyance
Rates) Amendment
Bill.

19.

Ordered - That Orders of the Day (Government Business) No. 10 to No. 12 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

20.

Ordered - That Order of the Day (Government Business) No. 13 be postponed and taken into consideration on motion.

 

Postponement
of Business.

21.

Ordered - That Orders of the Day (Government Business) No. 14 to No. 18 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

22.

Ordered - That Order of the Day (Private Business) No. 1 be postponed and taken into consideration on motion.

 

Postponement
of Business.

23.

Ordered - That Orders of the Day (Private Business) No. 2 to No. 8 be postponed and taken into consideration after Order of the Day (Private Business) No. 9.

 

Postponement
of Business.

24.

On the Order of the day being read for the adjourned debate on the motion of the Hon. C. V. Schaefer - That the Regulations under the Fisheries Act 1982 concerning Fishing Activities, made on 20 June 2002 and laid on the Table of the Council on 9 July 2002, be disallowed:

                 Debate resumed.

                 The Minister for Aboriginal Affairs and Reconciliation moved - That the debate be now adjourned.

                 Question put.

Fisheries Act -
Regulations -
Fishing Activities -
Motion for
disallowance of.

 

             Council divided:

Ayes, 10

The Hon. T. G. Cameron

The Hon. A. L. Evans

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. S. M. Kanck

The Hon. T. G. Roberts

The Hon. R. K. Sneath

The Hon. J. F. Stefani

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

      So it was resolved in the affirmative.

 

Noes, 6

The Hon. J. S. L. Dawkins

The Hon. R. D. Lawson

The Hon. A. J. Redford

The Hon. D. W. Ridgway

The Hon. T. J. Stephens

The Hon. C. V. Schaefer (Teller)

 

 

 

 

                 Ordered - That the adjourned debate be an Order of the Day for next day of sitting.

 

 

25.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. J. M. Gazzola - That the Environment Resources and Development Committee be requested to investigate and report on urban development in South Australia having regard to -

                  I.     Global and regional development trends;

                 II.     The changing role of cities;

III.The cost and benefit to the State;

IV.Performance of and strategies for, developing and promoting current projects; and

V.       Any other relevant matter.:

                 Question put and passed.

 

Urban Development
in South Australia -
Environment,
Resources and
Development 
Committee to
investigate and
report upon -
Motion re.

26.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. J. M. Gazzola - That the Annual Report, 2001-2002 of the Environment, Resources and Development Committee, be noted:

                 Question put and passed.

Environment,
Resources and
Development Committee -
Annual Report,
2001-2002
to be noted -
Motion re.

 

27.

Ordered - separately - That Orders of the Day (Private Business) No. 4 to No. 6 be Orders of the Day for Wednesday, 16 October 2002.

 

Postponement
of Business.

28.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. N. Xenophon -

              I.      That this Council expresses its deep concern over the material presented and allegations contained in the ABC’s Four Corners Report entitled “Expert Witness” broadcast on 22 October 2001, involving Dr. Colin Manock, Forensic Pathologist, and the evidence he gave from 1968-1995 in numerous criminal law cases;

             II.      Further, this Council calls on the Attorney-General to request an inquiry by independent Senior Counsel or a retired Supreme Court Judge to report whether there are matters of substance raised by the Four Corners Report that warrant further formal investigation; and

            III.      That the Attorney-General subsequently report, in an appropriate manner, to this Council on the allegations made in the Four Corners Report and their impact on the administration of justice in this State:

                 Debate resumed.

                 On motion of the Hon. C. Zollo, the debate was adjourned until Wednesday, 16 October 2002.

 

Matters and
Allegations
raised in ABC’s
Four Corners
Report entitled “Expert Witness” -
Motion re.

 

29.

Ordered - separately - That Orders of the Day (Private Business) No. 8 and No. 10 to No. 16 be Orders of the Day for Wednesday, 16 October 2002.

 

Postponement
of Business.

30.

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

                 Debate resumed.

                 On motion of the Hon. C. Zollo, the debate was adjourned until Wednesday, 16 October 2002.

 

Statutes
Amendment
(Road Safety
Initiatives) Bill.

31.

Ordered - separately - That Orders of the Day (Private Business) No. 18 to No. 24 be Orders of the Day for Wednesday, 16 October 2002.

 

Postponement
of Business.

32.

On the Order of the Day being read for the adjourned debate on the on the question - That the Criminal Law Consolidation (Abolition of Time Limit for Prosecution of Certain Sexual Offences) Amendment Bill be now read a second time:

                 Debate resumed.

                 The Minister for Agriculture, Food and Fisheries moved to leave out all words after “That” and insert “the Bill be withdrawn.”.

                 Question - That the words proposed to be struck out, stand part of the question - put and negatived.

                 Question - That the words proposed to be inserted, be so inserted - put and passed.

Criminal Law
Consolidation
(Abolition of
Time Limit for
Prosecution of
Certain Sexual
Offences)
Amendment Bill.

 

 

                 Bill withdrawn.

Bill Withdrawn.

 

                 Ordered - That the Order of the Day be discharged.

 

Business Discharged

33.

Ordered - separately - That Orders of the Day (Private Business) No. 26 to No. 30 be Orders of the Day for Wednesday, 16 October 2002.

 

Postponement
of Business.

34.

Ordered - That Order of the Day (Private Business) No. 31 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

35.

Ordered - That the adjourned debate on the motion of the Hon. J. M. Gazzola - That the Report of the Environment, Resources and Development Committee concerning Hills Face Zone, be noted - be now resumed.

                 On motion of the Hon. S. M. Kanck, the debate adjourned until Wednesday, 16 October 2002.

 

Environment, Resources and Development Committee -
Report on Hills
Face Zone
to be noted -
Motion re.

 

36.

On the Order of the Day being read for the adjourned debate on the on the question - That the Parliamentary Committees (Presiding Members) 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. 11 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.

 

Parliamentary
Committees
(Presiding Members)
Bill.

37.

Ordered - That Order of the Day (Private Business) No. 33 be an Order of the Day for Wednesday, 16 October 2002.

 

Postponement
of Business.

  38.

Ordered - That the adjourned debate on the question - That the Appropriation Bill be now read a second time - be now resumed.

                 Debate resumed.

                 Question put and passed.

                 Bill read a second time.

                 Ordered - That the Bill’s consideration in Committee be an Order of the Day for next day of sitting.

 

Appropriation Bill.

39.

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

 

Next Day
of Sitting.

 

40.

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

Message No. 45

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Criminal Law (Sentencing) Act 1988, to which it desires the concurrence of the Legislative Council.

House of Assembly, 27 August 2002.                                                                        I. P. LEWIS, Speaker.

                 Bill read a first time.

                 The Minister for Aboriginal Affairs and Rehabilitation 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.

 

Messages from
House of Assembly:
Criminal Law (Sentencing)
(Sentencing
Guidelines)
Amendment Bill.

 

 

 

Message No. 46

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Classification (Publications, Films and Computer Games) Act 1995, to which it desires the concurrence of the Legislative Council.

House of Assembly, 27 August 2002.                                                                        I. P. LEWIS, Speaker.

                 Bill read a first time.

                 The Minister for Aboriginal Affairs and Rehabilitation 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.

 

Classification
(Publications,
Films and
Computer Games)
(On-Line Services)
Amendment Bill.

 

 

Message No. 47

                 MR. PRESIDENT - The House of Assembly has agreed to the amendments made by the Legislative Council in the Electricity (Miscellaneous) Amendment Bill, without any amendment.

House of Assembly, 28 August 2002.                                                                        I. P. LEWIS, Speaker.

 

Electricity
(Miscellaneous)
Amendment Bill.

 

 

Message No. 48

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Criminal Law Consolidation Act 1935, the Industrial and Employee Relations Act 1994, the Public Corporations Act 1993 and the Public Sector Management Act 1995, to which it desires the concurrence of the Legislative Council.

House of Assembly, 28 August 2002.                                                           R. B. SUCH, Deputy Speaker.

                 Bill read a first time.

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

 

Statutes
Amendment
(Honesty and
Accountability in
Government) Bill.

 

41.

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

 

Next Day
of Sitting.

 

  42.

Ordered - That the adjourned debate on the question - That the Constitution (Parliamentary Secretaries) Amendment Bill be now read a second time - be now resumed.

                 Debate resumed.

                 On motion of the Hon. A. J. Redford, the debate was adjourned until next day of sitting.

 

Constitution
(Parliamentary
Secretaries)
Amendment Bill.

43.

The following Message from the House of Assembly was received and read -

Message No. 49

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Gaming Machines Act 1992, to which it desires the concurrence of the Legislative Council.

House of Assembly, 28 August 2002.                                                                        I. P. LEWIS, Speaker.

                 Bill read a first time.

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

 

Message from
House of Assembly:
Gaming Machines
(Gaming Tax)
Amendment Bill.

 

44.

The Minister for Aboriginal Affairs and Reconciliation, by leave, table a copy of a Ministerial Statement made by the Minister for Employment, Training and Further Education (The Hon. J. D. Lomax-Smith, M.P.) concerning TAFE Finances.

 

Paper Tabled.

45.

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

 

Postponement
of Business.

46.

Council adjourned at three minutes to twelve o’clock midnight until tomorrow at eleven o’clock a.m.

 

Adjournment.

 

_________________________

 

 

 

 

 

Members present during any part of the sitting:

 

 

 

The Hon. T. G. Cameron

The Hon. J.S.L. Dawkins

The Hon. M. J. Elliott

The Hon. A. L. Evans

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. P. Holloway

 

The Hon. S. M. Kanck

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. A. J. Redford

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