SOUTH AUSTRALIA]

No. 27

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

THURSDAY  28  SEPTEMBER  2006

 

 

 

   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 Clerk announced that the following Petition had been lodged for presentation:

         By the Hon. J.S.L. Dawkins from 53 residents of South Australia, concerning the proposal to construct a tramline from Victoria Square to North Terrace in Adelaide.  The Petitioners pray that this Honourable House will do its utmost to convince the State Government not to proceed to construct such a tramline and remove trees, flagpoles and median strip and will create extreme congestion in Adelaide’s major thoroughfare.  The Petitioners also request the retention of the existing free bus routes in that vicinity.

 

Petition No. 13 -
Proposal to
Construct a Tramline
from Victoria Square
to North Terrace in
Adelaide.

    3.

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

        By the President -

                 Report, 2005-2006, on the Administration of the Joint Parliamentary Service.

        By the Minister for Police (The Hon. P. Holloway) -

                 Summary Offences Act 1953 - Dangerous Area Declarations - 1 April 2006 to 30 June 2006.

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

                 River Murray Act 2003 - Report, 2005-2006.

 

Papers.

   4.

The Minister for Police, by leave, tabled a copy of a Ministerial Statement made by the Attorney-General (The Hon. M. J. Atkinson, M.P.) concerning the Criminal Law (Undercover Operations) Act 1995.

 

Ministerial
Statement Tabled.

   5.

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

Message No. 44

                 MR. PRESIDENT - The House of Assembly requests that the Legislative Council give permission to the Minister for Police (The Hon. P. Holloway), the Minister for Emergency Services (The Hon. C. Zollo) and the Minister for Environment and Conservation (The Hon. G. E. Gago), Members of the Legislative Council, to attend and give evidence before the Estimates Committees of the House of Assembly on the Appropriation Bill.

House of Assembly, 27 September 2006.                                                        J. J. SNELLING, Speaker.

                 Ordered - That the Message be taken into consideration forthwith.

                 The Minister for Police moved - That the Minister for Police, the Minister for Emergency Services and the Minister for Environment and Conservation have leave to attend and give evidence before the Estimates Committee of the House of Assembly on the Appropriation Bill, if they think fit.

                 Question put and passed.

 

Message from
House of Assembly:
Estimates
Committees of the
House of Assembly.

   6.

The Minister for Environment and Conservation by leave, tabled a copy of a Ministerial Statement made by the Minister for the River Murray (The Hon. K. A. Maywald, M.P.) concerning Further Restrictions to Murray Water Allocations.

 

Ministerial
Statement Tabled.

   7.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Evidence (Use of Audio and Audio Visual Links) Amendment Bill.

 

In the Committee

 

                          Clause No. 4 further considered.

                 The Hon. S. G. Wade moved on page 4, after line 7, to insert new subclauses as follows:

     “(7)      If the victim of an offence or an alleged offence, or a member of the victim's immediate family, advises the relevant prosecuting authority that he or she objects to the use by the court of an audio visual link or an audio link in a proceeding in respect of the offence, the prosecuting authority must object to the use of the link.

      (8)       For the purposes of subsection (7)—

child—a reference to a child is not limited to biological and adopted children but extends to a person in relation to whom another (who is not a biological parent) stands in the position, and undertakes the responsibilities, of a parent;

immediate family of a person means any 1 or more of the following:

      (a)       a spouse (including a putative spouse);

      (b)      a parent or guardian;

      (c)       a grandparent;

      (d)      a child (including an adult child);

      (e)       a grandchild (including an adult grandchild);

       (f)       a brother or sister;

victim, in relation to an offence, means—

      (a)       a person who suffers physical or mental injury, damage or loss as a result of the commission of the offence;

      (b)      a person who suffers psychological injury as a result of being directly involved in the circumstances of the offence or in operations in the immediate aftermath of the offence to deal with its consequences.”.

                 Question - That the amendment be agreed to - put.

Evidence (Use of
Audio and Audio
Visual Links)
Amendment Bill.

 

             Committee divided:

Ayes, 10

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. R. I. Lucas

The Hon. D. W. Ridgway

The Hon. T. J. Stephens

The Hon. N. Xenophon

The Hon. S. G. Wade (Teller)

      So it was resolved in the affirmative,

 

Noes, 9

The Hon. A. L. Evans

The Hon. B. V. Finnigan

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. S. M. Kanck

The Hon. M. C. Parnell

The Hon. R. P. Wortley

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

 

                          Clause No. 4, as amended, 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 an amendment; whereupon the Council adopted such report.

                 The Minister for Police, 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.

On the Order of the Day being read for the adjourned debate on the question - That the Child Sex Offenders Registration 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. 2 agreed to.

                          Clause No. 3 read.

                 The Hon. N. Xenophon moved on page 5, after line 9, to insert the following:

          “and

(c)     providing for electronic monitoring of such persons in certain circumstances.”.

                 Question - That the amendment be agreed to - put.

Child Sex Offenders
Registration Bill.

 

             Committee divided:

Ayes, 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. D. W. Ridgway

The Hon. T. J. Stephens

The Hon. S. G. Wade

The Hon. N. Xenophon (Teller)

      So it was resolved in the affirmative.

 

Noes, 8

The Hon. B. V. Finnigan

The Hon. J. M. Gazzola

The Hon. I. K. Hunter

The Hon. S. M. Kanck

The Hon. M. C. Parnell

The Hon. R. P. Wortley

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

 

                          Clause No. 3, as amended, agreed to.

                          Clause No. 4 amended and agreed to.

                          Clauses No. 5 to No. 8 agreed to.

                          Clause No. 9 amended and agreed to.

                          Clauses No. 10 to No. 59 agreed to.

                          Clause No. 60 amended and agreed to.

                          Clauses No. 61 to No. 66 agreed to.

                          New clause No. 66A inserted.

                          New clause No. 66B inserted.

                          New clause No. 66C inserted.

                          New clause No. 66D inserted.

                          New clause No. 66E inserted.

                          New clause No. 66F inserted.

                          New clause No. 66G inserted.

                          New clause No. 66H inserted.

                          Clauses No. 67 to No. 73 agreed to.

                          Schedule 1 amended.

                 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.

 

 

   9.

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

 

Postponement
of Business.

  10.

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 Genetically Modified Crops Management Act 2004, to which it desires the concurrence of the Legislative Council.

House of Assembly, 28 September 2006.                                                        J. J. SNELLING, 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:
Genetically Modified
Crops Management
(Extension of Review
Period and Controls)
Amendment Bill.

 

11.

Ordered - That the Council, at its rising, do adjourn until Tuesday, 31 October 2006, at fifteen minutes past two o’clock.

 

Postponement
of Business.

12.

Council adjourned at twenty-three minutes to six o’clock until Tuesday, 31 October 2006, at fifteen minutes past two o’clock.

 

Adjournment.

 

_________________________

 

 

 

 

 

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. T. J. Stephens

The Hon. S. G. Wade

The Hon. R. P. Wortley

The Hon. N. Xenophon

The Hon. C. Zollo