SOUTH AUSTRALIA]

No. 52

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY  29  APRIL  2008

 

 

 

    1.

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

                 The President read prayers.

 

Meeting of
Council.

    2.

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

Message No. 12.

                 The Governor informs the Legislative Council that, in the name and on behalf of Her Majesty The Queen, the following Acts have been assented to during the Second Session of the 51st Parliament, viz.:

                 No. 7 of 2008 - An Act to amend various Acts to make provision for miscellaneous evidentiary and other procedural matters.

                 No. 8 of 2008 - An Act to amend the Criminal Law Consolidation Act 1935 and the Summary Offences Act 1953.

                 No. 9 of 2008 - An Act to make minor amendments of a statute law revision nature to various Acts.

                 No. 10 of 2008 - An Act to amend the Criminal Law Consolidation Act 1935; and to make related amendments to the Child Sex Offenders Registration Act 2006, the Correctional Services Act 1982, the Criminal Law (Sentencing) Act 1988, the Evidence Act 1929 and the Summary Procedure Act 1921.

Government House, Adelaide, 29 April 2008.                                          KEVIN SCARCE, Governor.

 

Message from
Governor:
Assent to Bills.

    3.

The Minister for Police (The Hon. P. Holloway), by leave, without notice, moved - That the sitting of the Council be not suspended during the continuation of the Conference on the Legal Profession Bill.

                 Question put and passed.

 

Legal Profession Bill.

   4.

Answer to Question on Notice No. 107 of this Session received this day, was tabled by the President who directed that it be distributed and printed in Hansard.

 

Answer to
Question on Notice.

 

    5.

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

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

                 Regulations under the following Acts -

                          Fees Regulation Act 1927 - Proof of Age Card.

                          Southern State Superannuation Act 1994 - Charge Percentage.

                          Superannuation Act 1988 - Salary Components.

                 Rules of Court -

                          Magistrates Court - Magistrates Court Act 1991 -

                                   Clamping, Impounding and Forfeiture of Vehicles.

                                   Consent Judgment.

                          Supreme Court - Supreme Court Act 1935 -

                                   Corporations Rules - Remuneration of Administrator.

        By the Minister for Urban Development and Planning (The Hon. P. Holloway) -

                 Architects Board of South Australia - Report, 2007.

                 Proposal to construct an Ambulance Station and Associated Works - Regency Road, Prospect - Report to Parliament.

                 Regulations under the following Act -

                          Development Act 1993 - Swimming Pool Safety.

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

                 Training and Skills Commission - Report, 2007.

                 Regulations under the following Acts -

                          Fire and Emergency Services Act 2005 - Prescribed Offences.

                          Genetically Modified Crops Management Act 2004 - Prohibition.

                          Lottery and Gaming Act 1936 - General.

                 Recommendation 9 of the Economic and Finance Committee’s Sixty-Fourth Report on Consumer Credit and Investment Schemes - Ministerial Response.

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

                 Actions taken following the Coronial Inquiry into the death in custody of Arthur Charles Smith - Report.

                 Actions taken following the Coronial Inquiry into the death in custody of Robert Allen Johnson - Report.

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

                 Reports, 2006-2007 -

                          Central Northern Adelaide Health Service.

                          Institute of Medical and Veterinary Science.

                 Regulations under the following Act -

                          Health Care Act 2008 - Health Performance Council.

        By the Minister for Mental Health and Substance Abuse (The Hon. G. E. Gago) -

                 Regulations under the following Act -

                          Tobacco Products Regulation Act 1997 - Confectionary Flavoured Cigarettes.

 

Papers.

    6.

The Minister for Police, by leave, tabled a copy of a Ministerial Statement made by the Premier (The Hon. M. D. Rann, M.P.) concerning the Reserve Bank of Australia Decision on Interest Rates.

 

Ministerial
Statement Tabled.

    7.

Ordered - That Order of the Day (Government Business) No. 1 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

    8.

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

 

Postponement
of Business.

   9.

On the Order of the Day being read for the adjourned debate on the question - That the Workers Rehabilitation and Compensation (Scheme Review) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until next day of sitting.

 

Workers
Rehabilitation and
Compensation
(Scheme Review)
Amendment Bill.

10.

Ordered - That Orders of the Day (Government Business) No. 2 to No. 4 be postponed and taken into consideration after Order of the Day No 5.

 

Postponement
of Business.

11.

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

 

In the Committee

 

                          Clause No. 1 further considered and agreed to.

                          Clauses No. 2 to No. 4 agreed to.

                          Clause No. 5 amended and agreed to.

                          Clauses No. 6 to No. 10 agreed to.

                          Clause No. 11 read.

                 The Hon. S. M. Kanck moved on page 7, line 26, to leave out paragraph (b) and on page 8, lines 28 to 29, to leave out subparagraph (ii).

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

                          Clause No. 11 otherwise amended and agreed to.

                          Clauses No. 12 to No. 16 agreed to.

                          Clause No. 17 struck out.

                          New Clause No. 17 inserted.

                          Clauses No. 18 to No. 26 agreed to.

                          Clause No. 27 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.

 

Firearms (Firearms
Prohibition Orders)
Amendment Bill.

 

 

12.

Ordered - That Orders of the Day (Government Business) No. 2 to No. 4 be postponed and taken into consideration after Order of the Day No. 6.

 

Postponement
of Business.

13.

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

 

In the Committee

 

                          Clauses No. 1 to No. 67 agreed to.

                          Clause No. 68 struck out.

                          Clauses No. 69 to No. 87 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 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.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

Statutes Amendment (Real Property) Bill.

14.

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

Message No. 86

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the WorkCover Corporation Act 1994, to which it desires the concurrence of the Legislative Council.

House of Assembly, 10 April 2008.                                                                  J. J. SNELLING, Speaker.

                 Bill read a first time.

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

                 On motion of the Hon. S. G. Wade, the debate was adjourned until next day of sitting.

 

Messages From
House of Assembly:
WorkCover
Corporation
(Governance Review)
Amendment Bill.


     

Message No. 87

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Summary Offences Act 1953; and make related amendments to the Controlled Substances Act 1984, without any amendment.

House of Assembly, 10 April 2008.                                                                  J. J. SNELLING, Speaker.

 

Summary Offences
(Drug Paraphernalia)
Amendment Bill.


 

Message No. 88

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Road Traffic Act 1961, to which it desires the concurrence of the Legislative Council.

House of Assembly, 29 April 2008.                                                                  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.

 

Road Traffic
(Heavy Vehicle Driver Fatigue)
Amendment Bill.

 

Message No. 89

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Harbours and Navigation Act 1993, the Motor Vehicles Act 1959, the Passenger Transport Act 1994 and the Road Traffic Act 1961, to which it desires the concurrence of the Legislative Council.

House of Assembly, 29 April 2008.                                                                  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.

 

Statutes Amendment
(Transport Portfolio)
Bill.

 

Message No. 90

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Adelaide Festival Centre Trust Act 1971, to which it desires the concurrence of the Legislative Council.

House of Assembly, 29 April 2008.                                                                  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.

 

Adelaide Festival
Centre Trust
(Financial
Restructure)
Amendment Bill.

15.

Ordered - That Orders of the Day (Government Business) No. 2 and No. 3 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

16.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Criminal Law Consolidation (Double Jeopardy) Amendment 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.

 

Criminal Law
Consolidation
(Double Jeopardy)
Amendment Bill.

17.

Ordered - That Orders of the Day (Government Business) No. 7 and No. 8 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

18.

Council adjourned at eight minutes past six o’clock until tomorrow at fifteen minutes past two o’clock.

 

Adjournment.

 

_________________________

 

 

 

 

 

Members present during any part of the sitting:

 

 

 

The Hon. A. M. Bressington

The Hon. J. A. Darley

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. C. Zollo