SOUTH AUSTRALIA]

No. 52

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

THURSDAY  29  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 Minister for Police (The Hon. P. Holloway), without notice, moved - That the Standing Orders be so far suspended as to enable Petitions, the Tabling of Papers and Question Time to be taken into consideration at fifteen minutes past two o’clock.

                 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.

   3.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 8 be postponed and taken into consideration after Order of the Day (Government Business) No. 10.

 

Postponement
of Business.

   4.

On the Order of the Day being read for the adjourned debate on the question - That the Optometry Practice 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. 79 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 Environment and Conservation, 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.

                 Resolved - That this Bill do now pass.

 

Optometry Practice
Bill.

 

   5.

On the Order of the Day being read for the adjourned debate on the question - That the Motor Vehicles (National Transport Commission) 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. 7 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 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.

                 Resolved - That this Bill do now pass.

 

Motor Vehicles
(National Transport
Commission)
Amendment Bill.

 

   6.

Ordered - That Orders of the Day (Government Business) No. 1 and No. 2 be postponed and taken into consideration after Order of the Day (Government Business) No. 3.

 

Postponement
of Business.

   7.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (Affordable Housing) 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

 

                          Clause No. 1 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 next day of sitting.

 

Statutes Amendment
(Affordable
Housing) Bill.

 

   8.

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.

   9.

Ordered - That Order of the Day (Government Business) No. 4 be postponed and taken into consideration after Order of the Day (Government Business) No. 5.

 

Postponement
of Business.

10.

On the Order of the Day being read for the adjourned debate on the question - That the Public Finance and Audit (Refund or Recovery of Small Amounts) 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.

 

Public Finance and
Audit (Refund or
Recovery of
Small Amounts)
Amendment Bill.

 

 

In the Committee

 

                          Clauses No. 1 to No. 4 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 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.

                 Resolved - That this Bill do now pass.

 

 

11.

Ordered - That Orders of the Day (Government Business) No. 4 and No. 6 be postponed and taken into consideration after Order of the Day (Government Business) No. 7.

 

Postponement
of Business.

12.

On the Order of the Day being read for the adjourned debate on the question - That the Criminal Law (Sentencing) (Dangerous Offenders) Amendment Bill be now read a second time:

                 Debate resumed.

                 And the Hon. R. D. Lawson having obtained leave to conclude his remarks, the debate was adjourned and ordered to be resumed on motion.

 

Criminal Law
(Sentencing)
(Dangerous
Offenders)
Amendment Bill.

 

13.

At one o’clock the sitting was suspended until the ringing of the bells.

                 At fifteen minutes past two o’clock the sitting was resumed.

 

Suspension and
Resumption of
Sitting.

 

14.

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

         By the Hon. D. W. Ridgway, from 595 residents of South Australia, concerning environmental impacts of the proposed tramline extension.  The Petitioners pray that this Honourable House will urge the Government to revoke its decision to extend the tramline and request the Premier to instead delegate funds to projects of greater necessity.

Petitions:
No. 24 -
Environmental
Impacts of the
Proposed Tramline
Extension.

 

                 By the Hon. S. M. Kanck, from 396 residents of South Australia, concerning plans to drain Lake Bonney and build a weir at Wellington.  The Petitioners pray that this Honourable House will do all in its power to support measures to obtain water for urban and agricultural purposes that do not disrupt the natural operations of the River Murray system.

No. 25 - Plans to
Drain Lake Bonney
and Build a Weir at
Wellington.

 

                 By the Hon. M. C. Parnell, from 123 residents of South Australia, concerning genetically modified crops.  The Petitioners pray that this Honourable House will amend the Genetically Modified Crop Management Act 2004 to -

·             extend South Australia’s commercial GM crop ban until 2009;

·             prohibit exemptions from the Act, particularly the protection of GM canola seed; and

·             commission State funded scientific research into GM organisms, health and the environment in close consultation with the SA public and other Governments.

 

No. 26 - Genetically
Modified Crops.

15.

The President, pursuant to Sessional Order, made the following Statement concerning a request for a Citizen’s Right of Reply:

                 “I have to advise that I have received correspondence dated 26 March 2007, from Mr. Martin Banham, General Manager, Hillier Park, requesting a Right of Reply in accordance with the Sessional Standing Order passed by this Council on 30 May 2006.

                 Mr. Banham wishes ‘to clarify the adverse comments that affect our reputation and which were plainly inaccurate and/or misleading’.

                 Following the procedures set out in the Sessional Standing Order, I have given consideration to this matter and believe that it complies with the requirements of the Sessional Standing Order.  Therefore I grant the request and direct that Mr. Banham’s reply be incorporated in Hansard.”

 

Citizen’s Right
of Reply  -
Mr. M. Banham,
General Manager,
Hillier Park -
Incorporation
into Hansard.

  16.

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

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

                 South Australian Film Corporation - Report, 2005-2006.

                 Judges of the Supreme Court of South Australia - Report to the Attorney-General, 2006.

                 Rules under Acts -

                          Fair Work Act - Rules, Forms.

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

                 Dog Fence Board - Report, 2005-2006.

 

Papers.

17.

The Minister for Police, by leave, tabled a copy of a Ministerial Statement made by the Minister for Industrial Relations (The Hon. M. J. Wright, M.P.) concerning the Review into the South Australian Workers Rehabilitation and Compensation Scheme.

 

Ministerial
Statement Tabled.

  18.

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

Message No. 93

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Tobacco Products Regulation Act 1997, without any amendment.

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

 

Messages from
House of Assembly:
Tobacco Products Regulation (Smoking in Cars) Amendment Bill.

 

 

Message No. 94

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Tobacco Products Regulation Act 1997, with the amendment indicated by the annexed Schedule, to which amendment the House of Assembly desires the concurrence of the Legislative Council.

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

 

Tobacco Products Regulation (Miscellaneous Offences) Amendment Bill.

 

Schedule of the Amendment made by the House of Assembly

Amendment No. 1–

Clause 15, page 4, lines 33 to 35—

Delete paragraphs (c) and (d) and insert:

      (c)       a person performing the duties of a teacher at a school attended by the child (whether or not such duties are being performed on the grounds of the school).

M. LEHMAN, Acting Clerk of the House of Assembly.

 

 

                 Ordered - That the Message be taken into consideration forthwith.

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

 

In the Committee

 

                          Resolved - That the amendment be agreed to.

____________________

 

                 The President resumed the Chair, and reported accordingly; whereupon the Council adopted such report.

 

 

19.

Ordered - That Order of the Day (Government Business) No. 4 be postponed and taken into consideration after Order of the Day (Government Business) No. 6.

 

Postponement
of Business.

20.

On the Order of the Day being read for the adjourned debate on the question - That the Motor Vehicles (Third Party Insurance) 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. 3 agreed to.

Motor Vehicles
(Third Party
Insurance)
Amendment Bill.

 

 

                 The Minister for Police by leave tabled a copy of a document detailing answers to various questions and titled “Amendment of Motor Vehicles Act 1959 to Deal with Acts of Terrorism”.

                          Title agreed to.

Paper Tabled.

 

____________________

 

                 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 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.

                 Resolved - That this Bill do now pass.

 

 

21.

Ordered - That Order of the Day (Government Business) No. 4 be postponed and taken into consideration after Order of the Day (Government Business) No. 8.

 

Postponement
of Business.

22.

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 10 further considered and agreed to.

                          Clause No. 11 read.

                 The Hon. S. M. Kanck moved on page 10, after line 25, to insert the following:

“(iiia)   the impact of costs associated with addressing climate change and the effects of climate change on disadvantaged or vulnerable groups within the community; and”.

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

                 The Hon. S. M. Kanck moved on page 10, after line 27, to insert the following:

“(iva)   action that can be taken by administrative units and State government instrumentalities, and other key sectors of the economy, to reduce greenhouse gas emissions and to promote the use of renewal energy sources; and”.

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

                 The Hon. S. M. Kanck moved on page 10, after line 31, to insert the following:

“(va)    the effectiveness of any determination or target under section 5, and the need to revise any such determination or target; and

  (vb)   the use and effectiveness of sector agreements under section 16 and, if necessary, the extent to which sector agreements should be required in a particular sector of the State's economy; and”.

                 Question - That new subparagraph (va), as proposed to be inserted by the Hon. S. M. Kanck, be so inserted - put.

Climate Change
and Greenhouse
Emissions Reduction
Bill.

 

             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. 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. N. Xenophon

The Hon. S. M. Kanck (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)

 

 

                 Question - That new subparagraph (vb), as proposed to be inserted by the Hon. S. M. Kanck, be so inserted - put and negatived.

                          Clause No. 11 otherwise amended and agreed to.

                          Clauses No. 12 and No. 13 agreed to.

                          Clause No. 14 amended and agreed to.

 

 

 

                 The Hon. M. C. Parnell moved on page 12, after line 4, to insert new clause as follows:

14A—South Australian Renewable Energy Target

      (1)       The Minister must, by 1 July 2008, prepare a report that sets out a comprehensive policy designed to achieve the renewable electricity generation target.

      (2)       The policy—

      (a)       must include a scheme under which entities involved in the generation of electricity must meet specified targets for the generation of renewable electricity, including through a system based on the creation and acquisition of certificates that recognise renewable energy initiatives; and

      (b)      must make provision to take into account economic growth and anticipated demands on electricity, especially in setting the targets envisaged by paragraph (a); and

      (c)       must include a penalty regime to apply to entities that fail to comply with relevant requirements or to meet the specified targets; and

      (d)      must take into account similar schemes under the laws of the other States, the Territories, or the Commonwealth, but not so as to allow electricity generated from renewable energy sources in a place outside the State to be credited under the scheme established for this State; and

      (e)       must provide comprehensive proposals for a legislative package directed towards achieving the renewable electricity generation target.

      (3)       The Minister must cause a copy of the report to be laid before both Houses of Parliament within 6 sitting days after the report is prepared.

      (4)       In this section—

renewable electricity generation target means the target set under section 5(2)(a);

renewable energy is energy generated from any of the following sources:

      (a)       hydro;

      (b)      wave;

      (c)       tide;

      (d)      ocean;

      (e)       wind;

       (f)       solar (other than solar energy used in a device primarily for heating water);

      (g)      geothermal-aquifer;

      (h)      hot dry rock;

       (i)       energy crops;

       (j)       wood waste;

      (k)       agricultural waste;

       (l)       waste from processing of agricultural products;

      (m)      food waste;

      (n)      food processing waste;

      (o)      bagasse;

      (p)      black liquor;

      (q)      biomass-base components of municipal solid waste;

       (r)       landfill gas;

      (s)       sewage gas and biomass-based components of sewage;

       (t)       any other source brought within the ambit of this definition by the regulations,

but not so as to include any source attributable to fossil fuels or materials or waste products derived from fossil fuels.”.

                 Question - That new clause No. 14A, as proposed to be inserted by the Hon. M. C. Parnell, be so inserted - put and negatived.

    The Hon. S. M. Kanck moved on page 12, after line 4, to insert new clause as follows:

 

 

14A—Energy efficiency

      (1)       The Minister must take steps to develop and implement a policy under this section that encourages the development, implementation and adoption of energy efficiency programs and effective and appropriate consumer‑based electricity generation initiatives so as to enable members of the public, businesses and other groups or bodies to feed electricity into the electricity distribution network.

      (2)       A policy under subsection (1) must take into account or address advantages associated with—

      (a)       making payments or providing rebates to persons or bodies who feed electricity into the electricity distribution network; and

      (b)      introducing the requirement to meet mandatory renewable energy targets within particular sectors of the community, or in connection with various activities or circumstances; and

      (c)       providing rebates for the acquisition or use of certain equipment or materials, or the adoption of certain practices, associated with achiever improved outcomes with respect to the use or generation of electricity within the community.”.

                 Question - That new clause No. 14A, as proposed to be inserted by the Hon. S. M. Kanck, be so inserted - put and negatived.

                          Clause No. 15 read.

                 The Hon. M. C. Parnell moved on page 12, after line 22, to insert new subclause as follows:

     “(4)      The Minister must, in conjunction with the operation of subsections (1) and (2), develop criteria aimed at ensuring that emission offset programs recognised under this section—

(a)     take into account the need to provide and protect biodiversity within the environment; and

(b)    do not adversely affect existing natural resources.”.

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

                          Clause No. 15 agreed to.

                          Clause No. 16 read.

                 The Hon. M. C. Parnell moved on page 12, line 25, to leave out “on a voluntary basis”.

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

                          Clause No. 16 otherwise amended and agreed to.

                 The Hon. M. C. Parnell moved on page 13, after line 7, to insert new clause as follows:

16A—Energy efficiency opportunities

      (1)       A person who undertakes a prescribed activity—

      (a)       must register the activity with the Minister under a scheme prescribed by the regulations; and

      (b)      must develop and implement an energy efficiency plan, in accordance with any requirements prescribed by the regulations—

       (i)       that is based on an assessment of the extent to which the prescribed activity may produce greenhouse gas emissions; and

      (ii)       that sets out a scheme to address those emissions through energy efficiencies or other initiatives; and

      (iii)      that incorporates any other prescribed elements.

Maximum penalty: $100 000.

      (2)       The offence constituted by subsection (1) lies within the criminal jurisdiction of the Environment, Resources and Development Court.

      (3)       In this section—

prescribed activity means—

      (a)       an activity within the ambit of clause 8(2) of Schedule 1 of the Environment Protection Act 1993; or

      (b)      an activity brought within the ambit of this definition by the regulations.”.

                 Question - That new clause No. 16A, as proposed to be inserted by the Hon. M. C. Parnell, be so inserted - put and negatived.

                          Clauses No. 17 to No. 19 agreed to.

                          Clause No. 20 read.

                 The Hon. S. M. Kanck moved on page 14, after line 38, to insert new subclause as follows:

 “(3)     In addition, the annual report of each administrative unit must include a report on what action (if any) has been taken by the administrative unit during the relevant financial year to reduce greenhouse gas emissions arising from its activities.”.

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

                          Clause No. 20 agreed to.

                          Clause No. 21 amended and agreed to.

              Clause No. 22 agreed to.

 

 

        The Hon. M. C. Parnell moved on page 16, after line 7, to insert new schedule as follows:

Schedule 1—Related amendments

Part 1—Preliminary

1—Amendment provisions

In this Schedule, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2—Amendment of Parliamentary Committees Act 1991

2—Amendment of section 3—Interpretation

Section 3, definition of Committee—after paragraph (i) insert:

                  or

       (j)       the Parliamentary Committee on Climate Change;

3—Insertion of Part 5E

After Part 5D insert:

Part 5E—Parliamentary Committee on Climate Change

Division 1—Establishment and membership of Committee

15M—Establishment of Committee

The Parliamentary Committee on Climate Change is established as a committee of the Parliament.

15N—Membership of Committee

      (1)       The Committee is to consist of 6 members.

      (2)       Three members of the Committee must be members of the Legislative Council appointed by the Legislative Council and 3 must be members of the House of Assembly appointed by the House of Assembly.

      (3)       A Minister of the Crown is eligible to be a member of the Committee, and section 21(2)(e) does not apply in relation to the members of the Committee.

      (4)       The Committee must from time to time appoint 1 of its Legislative Council members to be the Presiding Member of the Committee but if the members are at any time unable to come to a decision on who is to be the Presiding Member, or on who is to preside at a meeting of the Committee in the absence of the Presiding Member, the matter is referred by force of this subsection to the Legislative Council and that House will determine the matter.

Division 2—Functions of Committee

15O—Functions of Committee

      (1)       The functions of the Committee are—

      (a)       to take an interest in and keep under review—

       (i)       the extent to which action is being taken to address climate change and the effects of climate change; and

      (ii)       the economic environmental and social impacts of climate change, and of responses to climate change, with particular reference to impacts that have a direct affect on the South Australian community; and

      (iii)      processes to address climate change, or to address activities that may contribute to climate change, with particular reference to reporting and assessment processes, and initiatives to reduce greenhouse gas emissions; and

      (iv)      the operation of any Act that is relevant to addressing climate change; and

      (b)      to perform such other functions as are imposed on the Committee under this or any other Act or by resolution of both Houses.

Part 3—Amendment of Parliamentary Remuneration Act 1990

4—Amendment of Schedule—Additional salary

Schedule—at the end of the Schedule insert:

Presiding Member of the Parliamentary Committee on                                         14
Climate Change (unless a Minister)

Other members of the Parliamentary Committee on                                              10
Climate Change (unless a Minister)”.

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

                          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.

                 Ordered - That the Bill be recommitted in respect of clause No. 5.

                 The President then left the Chair, and the Council resolved itself into a Committee of the Whole for the reconsideration of clause No. 5.

 

In the Committee

 

                          Clause No. 5 reconsidered.

                 The Hon. M. C. Parnell moved on page 5, after line 12, to leave out subclause (1a) as inserted by the Hon. D. W. Ridgway and 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.”.

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

                          Clause No. 5 agreed to.

____________________

 

                 The President resumed the Chair, and reported that the Committee had reconsidered the Bill and had agreed to the same without further amendment; whereupon the Council adopted such reports.

                 The Minister for Environment and Conservation, 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 Environment and Conservation 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.

 

 

23.

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

 

Postponement
of Business.

24.

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

                 Debate resumed.

                 On motion of the Hon. B. V. Finnigan, the debate was adjourned and ordered to be resumed on motion.

 

Terrorism
(Preventative
Detention)
(Miscellaneous)
Amendment Bill.

 

25.

At six o’clock the sitting was suspended until the ringing of the bells.

                 At thirty minutes past seven o’clock the sitting was resumed.

 

Suspension and
Resumption of
Sitting.

 

26.

Ordered - That the adjourned debate on the question - That the Terrorism (Preventative Detention) (Miscellaneous) Amendment Bill be now read a second time - be now resumed.

                 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. 21 agreed to.

                          Clause No. 22 read.

Terrorism
(Preventative
Detention)
(Miscellaneous)
Amendment Bill.

 

 

        The Hon. S. M. Kanck moved on page 11, after line 11, to insert the following:

51B—Review of Act

      (1)       Subject to this section, the Minister must cause the operation of this Act to be reviewed as soon as practicable after the commencement of the first session of each new Parliament following a general election of members of the House of Assembly.

      (2)       The first review must be conducted within 2 years of the commencement of this section.

      (3)       The purpose of a review is to report on—

      (a)       the extent to which the objects of this Act are being achieved; and

      (b)      whether the legislative provisions under this Act remain necessary or appropriate for achieving those objects; and

      (c)       any other matters determined by the Minister to be relevant to a review of this Act.

      (4)       The Minister must cause a copy of the report to be laid before both Houses of Parliament within 12 days after receiving the report.”.

                 Question - That the amendment be agreed to - put.

 

 

             Committee divided:

Ayes, 4

The Hon. A. M. Bressington

The Hon. M. C. Parnell

The Hon. N. Xenophon

The Hon. S. M. Kanck (Teller)

 

 

 

 

 

 

 

 

 

 

 

 

So it passed in the negative

 

Noes, 16

The Hon. J.S.L. Dawkins

The Hon. B. V. Finnigan

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. D.G.E. Hood

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. P. Holloway (Teller)

 

 

                          Clause 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 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.

                 Resolved - That this Bill do now pass.

                         

 

27.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (Real Estate Industry Reform) Bill be now read a second time:

                 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.

 

Statutes Amendment
(Real Estate Industry
Reform) Bill.

 

 

28.

Ordered - That Orders of the Day (Government Business) No. 12 and No. 13 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

29.

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

                 On motion of the Hon. T. J. Stephens, the debate was adjourned until next day of sitting.

 

Supply Bill.

 

30.

Ordered - That the adjourned debate on the question - That the Criminal Law (Sentencing) (Dangerous Offenders) Amendment 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.

 

Criminal Law
(Sentencing)
(Dangerous
Offenders)
Amendment Bill.

 

31.

Ordered - That Orders of the Day (Private Business) No. 1 to No. 4 be Orders of the Day for Wednesday, 18 April 2007.

 

Postponement
of Business.

32.

On the Order of the Day being read for the adjourned debate on the question - That the Motor Vehicles (Expiation of Offences) 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. 3 agreed to.

                          Clause No. 4 amended and 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 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.

                 Resolved - That this Bill do now pass.

 

Motor Vehicles
(Expiation of
Offences)
Amendment Bill.

 

 

33.

Ordered - 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.

34.

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

                 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 Wednesday, 18 April 2007.

 

Road Traffic
(Previous
Convictions)
Amendment Bill.

 

35.

Ordered - That Orders of the Day (Private Business) No. 9 to No. 11 be Orders of the Day for Wednesday, 18 April 2007.

 

Postponement
of Business.

36.

On the Order of the Day being read for the adjourned debate on the question - That the Summary Procedure (Paedophile Restraining Orders) Amendment Bill be now read a second time:

                 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 Wednesday, 18 April 2007.

 

Summary Procedure
(Paedophile
Restraining Orders)
Amendment Bill.

 

37.

Ordered - That Order of the Day (Private Business) No. 13 be an Order of the Day for Wednesday, 18 April 2007.

 

Postponement
of Business.

  38.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. S. M. Kanck - That this Council notes that the lack of legal voluntary euthanasia effectively forces some people to pre-emptive and covert suicide, often by violent or unreliable means:

                 Debate resumed.

                 On motion of the Hon. R. P. Wortley, the debate was adjourned until Wednesday, 18 April 2007.

 

Lack of Legal
Voluntary
Euthanasia -
Motion re.

39.

Ordered - That Order of the Day (Private Business) No. 15 be an Order of the Day for Wednesday, 18 April 2007.

 

Postponement
of Business.

40.

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

                 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 Wednesday, 18 April 2007.

 

Education
(Random
Drug Testing)
Amendment Bill.

 

41.

Ordered - That Order of the Day (Private Business) No. 17 be an Order of the Day for Wednesday, 18 April 2007.

 

Postponement
of Business.

42.

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

                 Debate resumed.

                 Question put and passed.

                 Bill read a second time.

                 The Hon. N. Xenophon, pursuant to contingent notice, moved - That it be an instruction to the Committee of the Whole Council on the Bill that it have power to consider the insertion of a Schedule in relation to an amendment to the Criminal Law (Sentencing) Act 1988.

                 Ordered - That the Bill’s consideration in Committee be an Order of the Day for Wednesday, 18 April 2007.

 

Victims of Crime
(Victims
Participation)
Amendment Bill.

 

43.

Ordered - That Orders of the Day (Private Business) No. 19 to No. 21 be Orders of the Day for Wednesday, 18 April 2007.

 

Postponement
of Business.

44.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. M. C. Parnell - That the Regulations under the Development Act 1993 concerning Clarification of Public Notice Categories, made on 16 February 2006 and laid on the Table of this Council on 2 May 2006, be disallowed:

                 Debate resumed.

                 Question put and negatived.

 

Development Act -
Regulations -
Clarification of
Public Notice
Categories -
Motion for
disallowance of.

45.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. M. C. Parnell - That the Miscellaneous Regulations under the Development Act 1993, made on 12 January 2006 and laid on the Table of this Council on 2 May 2006, be disallowed - be now resumed.

                 Debate resumed.

                 Question put and negatived.

 

Development Act -
Miscellaneous
Regulations -
Motion for
disallowance of.

46.

Ordered - That Orders of the Day (Private Business) No. 24 to No. 29 be Orders of the Day for Wednesday, 18 April 2007.

 

Postponement
of Business.

47.

On the Order of the Day being read for the adjourned debate on the question - That the Criminal Law Consolidation (Serious Criminal Trespass) Amendment Bill be now read a second time:

                 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 Wednesday, 18 April 2007.

 

Criminal Law
Consolidation
(Serious Criminal
Trespass)
Amendment Bill.

 

  48.

The Minister for Police, without notice, moved - That the Standing Orders be so far suspended as to enable the Clerk to deliver the Message and the Terrorism (Preventative Detention) (Miscellaneous) Amendment Bill to the Speaker of the House of Assembly notwithstanding that that House may not be sitting.

                 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.

49.

Ordered - That the Council, at its rising, do adjourn until Tuesday, 17 April 2007, at fifteen minutes past two o’clock.

 

Next Day
of Sitting.

 

  50.

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

Message No. 95

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Development Act 1993; to make related amendments to the Highways Act 1926 and the Local Government Act 1999; and to repeal the Swimming Pools (Safety) Act 1972, without any amendment.

House of Assembly, 29 March 2007.                                            M. G. THOMPSON, Deputy Speaker.

 

Messages from
House of Assembly:
Development
(Assessment
Procedures)
Amendment Bill.

 

 

Message No. 96

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

House of Assembly, 29 March 2007.                                            M. G. THOMPSON, Deputy Speaker.

 

State Lotteries
(Miscellaneous)
Amendment Bill.

51.

Council adjourned at nine minutes to twelve o’clock midnight until Tuesday, 17 April 2007, at fifteen minutes past two o’clock.

 

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