SOUTH AUSTRALIA]

No. 15

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

THURSDAY  28  OCTOBER  2004

 

 

 

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

                 By the Hon. S. M. Kanck from 780 residents of South Australia concerning the proposed Aldinga Residential Development.  The Petitioners pray that this Honourable House will impose a moratorium on this site to coincide with the 12 month moratorium placed on other local sites to enable thorough archaeological and environmental studies to be carried out before any developments are to proceed.

Petitions:
No. 3 - Proposed
Aldinga Residential
Development.

 

 

 

                 By the Hon. S. M. Kanck from 135 residents of South Australia concerning the proposed Aldinga Residential Development.  The Petitioners pray that this Honourable House will impose a 12 month moratorium on the residential development on the site at section 796 to coincide with the 12 month moratorium placed on all further residential developments in the Aldinga Bay area, in order to enable thorough archaeological and environmental studies to be carried out on section 796.

No. 4 - Proposed
Aldinga Residential
Development.

 

 

 

                 By The Hon. S. M. Kanck from 114 residents of South Australia, concerning blood donor collection services in the State’s South-East.  The Petitioners pray that this Honourable House will do all in its power to ensure that a blood donor collection service is urgently reinstated for the people of the South-East.

No. 5 - Blood Donor
Collection Services
in the State’s
South East.

 

 

 

                 By The Hon. I. Gilfillan from 20 residents of South Australia, concerning the Genetically Modified Crops Management Act 2004.  The Petitioners pray that this Honourable House will amend the Genetically Modified Crops Management Act 2004 to remove section 6 of that Act.

No. 6 - Genetically
Modified Crops
Management
Act 2004.

 

 

 

                 By the Hon. S. M. Kanck from 30 residents of South Australia concerning a proposal to establish a “Reconciliation Ferry”.  The Petitioners pray that this Honourable House will provide its full support to the ferry relocation proposal, prioritise the ferry service on its merits as a transport, tourism, reconciliation, regional development and employment project; and call for the urgent support of the Premier requesting that he engage, as soon as possible, in discussion with the Ngarrindjeri community to see this exciting, creative initiative become a reality.

 

No. 7 - Reconciliation Ferry.

 

    3.

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

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

                 Reports, 2003-2004 -

                          Emergency Services Administrative Unit.

                          Energy Consumers Council.

                          Electricity Supply Industry Planning Council.

Papers.

 

 

                          SA Country Fire Service.

                          South Australian Metropolitan Fire Service.

                          South Australia Police.

                          State Emergency Service.

                 Regulation under the following Act -

                          Firearms Act 1977 - Policing Conference.

        By the Minister for Aboriginal Affairs and Reconciliation

        (The Hon. T. G. Roberts) -

                 Reports, 2003-2004 -

                          Department for Environment and Heritage.

                          State Heritage Authority.

                 Independent Gambling Authority - Study into the relationship between Crime and Problem Gambling - Report.

 

 

 

   4.

The Minister for Industry and Trade tabled a copy of a Ministerial Statement made by the Minister for Transport (The Hon. P. L. White, M.P.) concerning the Investigation Report, Great Southern Railway Ltd. System Safety Accident Investigation into the Guest Fatality Train 1AP8 on 2 August 2004, together with the Report.

 

Ministerial
Statement Tabled.

   5.

The Minister for Aboriginal Affairs and Reconciliation tabled a copy of a Ministerial Statement made by the Minister for Education and Children’s Services (The Hon. J. D. Lomax-Smith, M.P.) concerning a Maintenance Boost for Local Schools.

 

Ministerial
Statement Tabled.

   6.

The Hon. R. D. Lawson, having quoted from a briefing note for the Minister for Justice titled
2001-02 Budget vs. 2002-03 Budget Analysis during a question to the Minister for Industry and Trade, the Minister moved - That the document be laid upon the Table.

                 Ordered - That the document be laid upon the Table.

 

Document Tabled.

   7.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 3 be postponed and taken into consideration after Order of the Day (Government Business) No. 4.

 

Postponement
of Business.

   8.

Order of the Day read for the third reading of the Tobacco Products Regulation (Further Restrictions) Amendment Bill:

                 Ordered - That the Bill be recommitted in respect of clauses No. 12 and No. 16A.

                 The President then left the Chair, and the Council resolved itself into a Committee of the Whole for the recommittal of clauses No. 12 and No. 16A.

 

In the Committee

 

                          Clause No. 12 recommitted.

                 The Minister for Industry and Trade moved on page 6, line 9, after “licence” to leave out “and no other such vending machine is situated in the gaming area or any other part of the premises in respect of which the licence is in force under the Liquor Licensing Act 1997”, and line 14, after “holder of the licence” to leave out “and no other such vending machine is situated in the premises in respect of which the licence is in force”, and line 17, after “1997” to leave out “and no other such vending machine is situated in the casino”.

                 Question - That the amendments be agreed to - put.

Tobacco Products
Regulation (Further
Restrictions)
Amendment Bill.

 

             Committee divided:

Ayes, 8

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. A. J. Redford

The Hon. T. G. Roberts

The Hon. C. V. Schaefer

The Hon. R. K. Sneath

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

      So it passed in the negative.

 

Noes, 10

The Hon. A. L. Evans

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. K. J. Reynolds

The Hon. D. W. Ridgway

The Hon. J. F. Stefani

The Hon. N. Xenophon

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

 

 

 

                          Recommitted clause No. 12 agreed to.

                          Clause No. 16A recommitted.

                 The Hon. N. Xenophon moved to amend the clause after proposed new section 70(2)(b) by inserting new paragraph as follows:

                          “(ba)    participants in the trial must be selected according to a means test;”.

                 And in paragraph (c), after “therapy” by inserting “but not exceeding $300 per participant”.         Question - That the amendment be agreed to - put.

 

 

 

             Committee divided:

Ayes, 12

The Hon. A. L. Evans

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. K. J. Reynolds

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. T. J. Stephens

The Hon. N. Xenophon (Teller)

      So it was resolved in the affirmative.

 

Noes, 7

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. A. J. Redford

The Hon. T. G. Roberts

The Hon. R. K. Sneath

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

 

                 Question - That clause No. 16A, as amended and proposed to be struck out by the Minister for Industry and Trade, stand part of the Bill - put.

 

 

 

             Committee divided:

Ayes, 12

The Hon. A. L. Evans

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. K. J. Reynolds

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. T. J. Stephens

The Hon. N. Xenophon (Teller)

      So it was resolved in the affirmative.

 

Noes, 7

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. A. J. Redford

The Hon. T. G. Roberts

The Hon. R. K. Sneath

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

 

                          Recommitted clause No. 16A, as amended, agreed to.

____________________

 

                 The President resumed the Chair, and reported that the Committee had reconsidered the Bill and had agreed to the same with further amendments; 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.

                 The Minister for Industry and Trade then moved - That the 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.

 

 

 

   9.

Ordered - That the Orders of the Day (Government Business) No. 1 and No. 2 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

10.

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

 

In the Committee

 

                          Clauses No. 1 to No. 9 agreed to.

                          Clause No. 10 read.

                 The Hon. I. Gilfillan moved - That it be a suggestion to the House of Assembly to amend the clause on page 10, lines 1 to 8, by leaving out subclause (3).

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

                 The Hon. I. Gilfillan moved - That it be a suggestion to the House of Assembly to amend the clause on page 10, lines 9 to 12, by leaving out subclause (4).

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

                          Clause No. 10 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.

 

Stamp Duties
(Miscellaneous)
Amendment Bill.

 

11.

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

 

Postponement
of Business.

 

12.

The Hon. C. V. Schaefer, according to order, moved - That this Council acknowledges the importance of Pink Ribbon Day on 25 October 2004 and recognises -

                  I.      The significant improvements in early detection techniques through breast screening programs that have reduced breast cancer deaths in women; and

                II.      The improved approaches to early detection of cancer in men, younger women and indigenous women.

                 Debate ensued.

                 Question put and passed.

 

Pink Ribbon Day -
Motion re.

 

13.

Ordered - That Orders of the Day (Private Business) No. 2 to No. 5 be postponed and taken into consideration after Order of the Day (Private Business) No. 6.

 

Postponement
of Business.

 

14.

The Hon. C. V. Schaefer, according to order, moved - That the Regulations under the Fisheries Act 1982 concerning King George Whiting - Prescribed Quantities, made on 23 September 2004 and laid on the Table of the Council on 12 October 2004, be disallowed.

                 Debate ensued.

                 Question put and passed.

 

Fisheries Act -
King George
Whiting - Prescribed
Quantities -
Regulations -
Motion for
disallowance of.

 

15.

Ordered – That Orders of the Day (Private Business) No. 2 and No. 3 be Orders of the Day for Wednesday, 10 November 2004.

 

Postponement
of Business.

 

16.

Ordered - That Order of the Day (Private Business) No. 4 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

 

17.

Ordered - That Orders of the Day (Private Business) No. 5 and No. 7 to No. 14 be Orders of the Day for Wednesday, 10 November 2004.

 

Postponement
of Business.

 

18.

Ordered - That Order of the Day (Private Business) No. 15 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

 

19.

Ordered - That Orders of the Day (Private Business) No. 16 to No. 19 be Orders of the Day for Wednesday, 10 November 2004.

 

Postponement
of Business.

 

20.

Ordered - That the Council, at its rising, do adjourn until Monday, 8 November 2004, at fifteen minutes past two o’clock.

 

Next Day
 of Sitting.

 

 

21.

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

Message No. 6

                 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, 27 October 2004.                                                             I. P. LEWIS, Speaker.

                 Bill read a first time.

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

                 On motion of the Hon. C. V. Schaefer, the debate was adjourned until next day of sitting.

 

Messages from
House of Assembly:
Gaming Machines
(Miscellaneous)
Amendment Bill.

 

 

 

Message No. 7

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith entitled an Act to amend the Commission of Inquiry (Children in State Care) Act 2004, to which it desires the concurrence of the Legislative Council.

House of Assembly, 28 October 2004.                                                             I. P. LEWIS, Speaker.

                 Bill read a first time.

                 The Minister for Aboriginal Affairs and Reconciliation then moved - That this Bill be now read a second time.

                 On motion of the Hon. C. V. Schaefer, the debate was adjourned until next day of sitting.

 

Commission
of inquiry
(Children in
State Care)
(Miscellaneous)
Amendment Bill.

 

 

 

Message No. 8

                 MR. PRESIDENT - The House of Assembly has agreed to the amendments made by the Legislative Council in the Tobacco Products Regulation (Further Restrictions) Amendment Bill without amendment.

House of Assembly, 28 October 2004.                                                             I. P. LEWIS, Speaker.

                

Tobacco Products
Regulation (Further
Restrictions)
Amendment Bill.

 

22.

Council adjourned at five minutes past six o’clock until Monday, 8 November 2004, at fifteen minutes past two o’clock.

 

Adjournment.

 

 

_________________________

 

 

 

 

 

 

Members present during any part of the sitting:

 

 

 

 

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. 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

The Hon. N. Xenophon