SOUTH AUSTRALIA]

No. 34

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  29  APRIL  2009

 

 

 

 

   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 Hon. J. M. Gazzola brought up the Eighteenth Report, 2008-2009, of the Legislative Review Committee.

 

Legislative Review
Committee -
Eighteenth Report,
2008-2009.

 

    3.

The Minister for Mineral Resources Development (The Hon. P. Holloway), by leave, tabled a copy of a Ministerial Statement made by the Minister for Water Security (The Hon. K.  A. Maywald, M.P.) concerning the High Court Challenge Relating to Victorian Irrigators on the River Murray.

 

Ministerial
Statement Tabled.

    4.

The Minister for State/Local Government Relations (The Hon. G. E. Gago), by leave, tabled a copy of a Ministerial Statement made by the Minister for Health (The Hon. J. D. Hill, M.P.) concerning Swine Influenza.

 

Ministerial
Statement Tabled.

    5.

The Minister for State/Local Government Relations, by leave, tabled a copy of a Ministerial Statement made by the Minister for Correctional Services (The Hon. A. Koutsantonis, M.P.) concerning a Correction to the Minister’s Driving History.

 

Ministerial
Statement Tabled.

   6.

In accordance with Standing Orders, the President called on Members to make Statements on Matters of Interest.

 

Statements on
Matters of Interest.

   7.

The Hon. R. P. Wortley, pursuant to notice, moved - That the Report of the Natural Resources Committee on Water Resources Management in the Murray Darling Basin, Volume 1, The Fellowship of the River, be noted.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday, 13 May 2009.

 

Natural Resources
Committee - Report
on Water Resources
Management in the
Murray Darling
Basin, Volume 1,
be noted -
Motion re.

 

    8.

Ordered - separately - That Notices of Motion (Private Business) No. 2 and No. 3 be Orders of the Day for Wednesday, 13 May 2009.

 

Postponement
of Business.

   9.

Ordered - That Notice of Motion (Private Business) No. 8 be an Order of the Day for Wednesday, 13 May 2009.

 

Postponement
of Business.

10.

The Hon. C. Zollo, pursuant to notice, moved - That the Report of the Statutory Authorities Review Committee on an Inquiry into the Independent Gambling Authority, be noted.

                 On motion of the Hon. T. J. Stephens, the debate was adjourned until Wednesday, 13 May 2009.

 

Statutory Authorities
Review Committee -
Report on Inquiry
into Independent
Gambling Authority
be noted -
Motion re.

  11.

Ordered - That Orders of the Day (Private Business) No. 1 to No. 9 be Orders of the Day for Wednesday, 13 May 2009.

 

Postponement
of Business.

  12.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. T. J. Stephens -    

I.          That a Select Committee of the Legislative Council be appointed to inquire into and report upon -

(a)        the sale of Cheltenham Park Racecourse;

(b)       the re-zoning of Cheltenham Park Racecourse;

(c)        the relationship of decisions made in connection with the sale of Cheltenham Park Racecourse with proposals for the redevelopment of Victoria Park;

(d)       matters of corporate governance within the South Australian Jockey Club up to and including March 2009;

(e)        the role of Thoroughbred Racing SA in relation to the above matters; and

(f)        any other relevant matter.

   II.      That Standing Order No. 389 be so far suspended as to enable the Chairperson of the Committee to have a deliberative vote only.

III.      That this Council permits the Select Committee to authorise the disclosure or publication, as it sees fit, of any evidence or documents presented to the Committee prior to such evidence being presented to the Council.

IV.      That Standing Order No. 396 be suspended to enable strangers to be admitted when the Select Committee is examining witnesses unless the Committee otherwise resolves, but they shall be excluded when the Committee is deliberating.

                 Which the Hon. R. L. Brokenshire had moved to amend in Paragraph I, after subparagraph (e), by inserting new subparagraph (ea) as follows:

“(ea)    matters of corporate governance within Thoroughbred Racing SA up to and including March 2009;”

        and which the Hon. J.S.L. Dawkins had moved to amend at the beginning of paragraph II by inserting the words “That the Committee consist of six Members and that the quorum of Members necessary to be present at all meetings of the Committee be fixed at four Members and” before “That Standing Order No. 389”:

                 Debate resumed.

                 Question - That new subparagraph (ea), as proposed to be inserted by The Hon. R. L. Brokenshire, be so inserted - put and passed.

                 Question - That the words proposed to be inserted by the Hon. J.S.L. Dawkins in Paragraph II, be so inserted - put and passed.

                 Question - That the motion moved by the Hon. T. J. Stephens, and as amended by the Hon. R. L. Brokenshire and the Hon. J.S.L. Dawkins, be agreed to - put.

Certain Matters
Relating to
Horse Racing in
South Australia -
Motion for Select
Committee on.

 

 

             Council divided:

Ayes, 12

The Hon. R. L. Brokenshire

The Hon. J. A. Darley

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. M. C. Parnell

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. S. G. Wade

The Hon. D. N. Winderlich

The Hon. T. J. Stephens (Teller)

      So it was resolved in the affirmative.

 

Noes, 7

The Hon. A. M. Bressington

The Hon. B. V. Finnigan

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. P. Holloway

The Hon. I. K. Hunter

The Hon. R. P. Wortley (Teller)

 

 

 

             The Hon. T. J. Stephens then moved - That the Select Committee consist of the Hon. R. L. Brokenshire, the Hon. J. A. Darley, the Hon. R. D. Lawson, the Hon. R. K. Sneath, the Hon. R. P. Wortley and the mover.

                 Question put and passed.

                 The Hon. T. J. Stephens moved - That the Select Committee have power to send for persons, papers and records, to adjourn from place to place and report on Wednesday, 17 June 2009.

                 Question put and passed.

 

Select Committee
Appointed.

  13.

Ordered - That Order of the Day (Private Business) No. 11 be an Order of the Day for Wednesday, 13 May 2009.

 

Postponement
of Business.

14.

The Hon. D.G.E. Hood, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Classification (Publications, Films and Computer Games) Act 1995.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. D.G.E. Hood then moved - That the Bill be now read a second time.

                 On motion of the Hon. I. K. Hunter, the debate was adjourned until Wednesday, 13 May 2009.

 

Classification
(Publications, Films
and Computer
Games)
(R18+ Films)
Amendment Bill.

  15.

Ordered - That Orders of the Day (Private Business) No. 13 to No. 18 be Orders of the Day for Wednesday, 13 May 2009.

 

Postponement
of Business.

16.

Ordered - That Order of the Day (Private Business) No. 19 be discharged.

 

Business
Discharged.

 

  17.

Ordered - That Orders of the Day (Private Business) No. 20 to No. 25 be Orders of the Day for Wednesday, 13  May 2009.

 

Postponement
of Business.

18.

The Hon. B. V. Finnigan, pursuant to notice, moved - That the Report of the Statutory Authorities Review Committee, 2007-2008, be noted.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday, 13 May 2009.

 

Statutory
Authorities Review
Committee - Report
2007-2008, be noted -
Motion re.

  19.

Ordered - That Orders of the Day (Private Business) No. 27 to No. 39 be Orders of the Day for Wednesday, 13 May 2009.

 

Postponement
of Business.

  20.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. M. C. Parnell - That this Council -

    I.      Notes -

(a)        the increasing frustration of South Australians with the inequity of household water restrictions that limit outside use, whilst allowing unlimited use within the home;

(b)       the significant potential for abuse of water restriction rules and the reliance of householders dobbing in their neighbours as an enforcement strategy;

(c)        the increasing need to reduce water demand in the face of the declining health of the River Murray which supplies up to 90% of Adelaide’s potable water during dry years; and

(d)       that those with access to the quaternary aquifer that underlies the Adelaide plains are able to extract unlimited amounts of water for domestic use; and

   II.      Calls on the Government to -

(a)        replace the water restriction regime with a household allocation based on occupancy and quarterly meter readings to allow citizens to choose where and how they use their water;

(b)       prescribe the quaternary aquifer beneath Adelaide and include domestic bore extraction within the household allocation, whilst continuing to exclude water sourced from rainwater tanks to encourage the uptake of domestic rainwater collection systems; and

(c)        change the water pricing structure by increasing the volumetric costs and reducing other charges to provide more incentive for water users to reduce their demand:

                 Debate resumed.

                 The Hon. S. G. Wade moved to amend the motion in paragraph II by leaving out the words “Calls on the Government to” and inserting “Refers the following matters to the Select Committee on SA Water for inquiry and report -”.

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

                 Question - That the motion, as amended by the Hon. S. G. Wade, be agreed to - put and passed.

 

Water Usage -
Motion re.

21.

Ordered - That all remaining Orders of the Day (Private Business) be Orders of the Day for Wednesday, 13 May 2009.

 

Postponement
of Business.

22.

At three 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.

 

23.

The Minister for Mineral Resources Development, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Petroleum Act 2000 and to make related amendments to the Development Act 1993 and the Mining Act 1971.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Minister for Mineral Resources Development then moved - That the Bill be now read a second time.

                 On motion of the Hon. D. W. Ridgway, the debate was adjourned until next day of sitting.

 

Petroleum
(Miscellaneous)
Amendment Bill.

  24.

Ordered - That Notice of Motion (Government Business) No. 2 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

25.

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

Message No. 57

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith entitled an Act to continue the Triple S contributory superannuation scheme for persons employed in the public sector; to make consequential amendments to certain other Acts; to repeal the Southern State Superannuation Act 1994; and for other purposes, to which it desires the concurrence of the Legislative Council.

House of Assembly, 28 April 2009.                                                                  J. J. SNELLING, Speaker.

                 Bill read a first time.

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

                 On motion of the Hon. D. W. Ridgway, the debate was adjourned until next day of sitting.

 

Messages from
House of Assembly:
Southern State
Superannuation
Bill.

 

Message No. 58

                 MR. PRESIDENT - The House of Assembly has disagreed to the amendments made by the Legislative Council in the Statutes Amendment (Energy Efficiency Shortfalls) Bill as indicated in the annexed Schedule. The House of Assembly returns the Bill herewith and desires its reconsideration.

House of Assembly, 29 April 2009.                                                                  J. J. SNELLING, Speaker.

 

Schedule of the Amendments made by the Legislative Council

to which the House of Assembly has disagreed

Amendment No. 1–

Clause 4, page 4, after line 3—

Insert:

    (11a)     The Commission must establish a scheme for the use of any amount recovered as a shortfall penalty under this section for 1 or more of the following purposes:

      (a)       to assist persons who may have failed to benefit from activities relating to energy efficiency on account of any electricity retailer's energy efficiency shortfall;

      (b)      to support other programs or activities to promote or support energy efficiency or renewable energy initiatives within South Australian households.

Amendment No. 2–

Clause 5, page 5, after line 36—

Insert:

    (11a)     The Commission must establish a scheme for the use of any amount recovered as a shortfall penalty under this section for 1 or more of the following purposes:

      (a)       to assist persons who may have failed to benefit from activities relating to energy efficiency on account of any gas retailer's energy efficiency shortfall;

      (b)      to support other programs or activities to promote or support energy efficiency or renewable energy initiatives within South Australian households.

M. LEHMAN, Clerk of the House of Assembly.

                 Ordered - That the Message be taken into consideration on next day of sitting.

 

Statutes Amendment
(Energy Efficiency
Shortfalls) Bill.

 

 

Message No. 59

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith entitled an Act to amend the Maritime Services (Access) Act 2000, to which it desires the concurrence of the Legislative Council.

House of Assembly, 29 April 2009.                                                                  J. J. SNELLING, Speaker.

                 Bill read a first time.

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

                 On motion of the Hon. D. W. Ridgway, the debate was adjourned until next day of sitting.

 

Maritime Services
(Access)
(Miscellaneous)
Amendment Bill.

 

Message No. 60

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith entitled an Act to amend the Petroleum Products Subsidy Act 1965, to which it desires the concurrence of the Legislative Council.

House of Assembly, 29 April 2009.                                                                 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.

 

Petroleum Products
Subsidy Act
Repeal Bill.

 

Message No. 61

                 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 2009.                                                                 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
(Miscellaneous)
Amendment bill.

  26.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 3 be Orders of the Day for  next day of sitting.

 

Postponement
of Business.

27.

On the Order of the Day being read for the adjourned debate on the question - That the Mental Health 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.

 

Mental Health Bill.

28.

On the Order of the Day being read for the adjourned debate on the question - That the Public Sector Management (Consequential) 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 next day of sitting.

 

Public Sector
Management
(Consequential)
Amendment Bill.

29.

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

 

Postponement
of Business.

30.

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

 

Next Day of Sitting.

31.

Council adjourned at twenty seven minutes to ten o’clock until tomorrow at eleven o’clock a.m.

 

Adjournment.

 

_________________________

 

 

 

 

 

Members present during any part of the sitting:

 

 

 

The Hon. A. M. Bressington

The Hon. R. L. Brokenshire

The Hon. J. A. Darley

The Hon. J.S.L. Dawkins

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. R. D. Lawson

The Hon. J.M.A. Lensink

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. D. N. Winderlich

The Hon. R. P. Wortley

The Hon. C. Zollo