SOUTH AUSTRALIA]

No. 68

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY  29  JULY  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.

The Minister for Mineral Resources Development (The Hon. P. Holloway) sought leave to enable the Clerk of the Legislative Council to make a statement.

                 Leave being granted, the Clerk made a statement concerning the untimely death of Mr. Trevor Blowes, Deputy Clerk and Usher of the Black Rod of the Legislative Council, and his meritorious and distinguished service to the Legislative Council and the Parliament of South Australia.

 

Statement by
Clerk of the
Legislative Council.

    3.

The Minister for Mineral Resources Development by leave, moved - That the Legislative Council expresses its deep regret at the untimely passing of Mr. Trevor Blowes, the Deputy Clerk and Usher of the Black Rod of the Legislative Council, and places on record its appreciation of his meritorious public service and, as a mark of respect to his memory, the sitting of the Council be suspended until the ringing of the bells.

                 And being supported by the Hon. J.M.A. Lensink, the Hon. S. M. Kanck, the Hon. M. C. Parnell, the Hon. A. M. Bressington, The Minister for Correctional Services (The Hon. C. Zollo), the Minister for State/Local Government Relations (the Hon. G. E. Gago), the Hon. D.G.E. Hood, the Hon. J. M. Gazzola, the Hon. R. I. Lucas, the Hon. C. V. Schaefer, the Hon. I. K. Hunter, the Hon. B. V. Finnigan, the Hon. J.S.L. Dawkins, the Hon. R. D. Lawson, the Hon. T. J. Stephens, the Hon. J. A. Darley, the Hon. S. G. Wade, the Hon. R. P. Wortley and the President:

                 Motion carried in silence, Members standing in their places.

 

Death of
Mr. Trevor Blowes,
Deputy Clerk and
Usher of the
Black Rod of the
Legislative Council

 

   4.

At twenty five minutes past three o’clock the sitting was suspended until the ringing of the bells.

                 At twelve minutes to four o’clock the sitting was resumed.

 

Suspension and
Resumption of
Sitting.

 

    5.

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.

   6.

Answer to Question on Notice No. 141 received this day was tabled by the President who directed that it be distributed and printed in Hansard.

 

Answer to
Question on
Notice.

 

   7.

The Minister for Mineral Resources Development, without notice, moved - That the Standing Orders be so far suspended as to enable Question Time to be extended to enable the Hon. R. I. Lucas  to ask a question of the Minister and for the Minister to complete his reply.

                 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.

   8.

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

 

Postponement
of Business.

 

   9.

On the Order of the Day being read for the adjourned debate on the question - That the Classification (Publication, Film and Computer Games) (Classification Process) Amendment Bill be now read a second time:

                 Debate resumed.

                 Question put and passed.

                 Ordered - That the Bill’s consideration in Committee be an Order of the Day for next day of sitting.

 

Classification
(Publication, Film
and Computer
Games)
(Classification
Process)
Amendment Bill.

.

10.

Ordered - That Orders of the Day (Government Business) No. 3 and No. 4 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

11.

On the Order of the Day being read for the adjourned debate on the question - That the Appropriation Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned and ordered to be resumed on motion.

 

Appropriation Bill.

12.

At ten 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.

 

  13.

Ordered - That the adjourned debate on the question - That the Appropriation 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.

 

Appropriation Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 8 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 Mineral Resources Development, 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.

 

 

14.

Ordered - That Orders of the Day (Government Business) No. 6 to No. 8 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

  15.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. D.G.E. Hood - That the Social Development Committee inquire into and report upon the adequacy and appropriateness of laws and practices relating to the sale and consumption of alcohol and, in particular, with respect to -

            I.   Whether those laws and practices need to be modified to better deal with criminal and other anti-social behaviour arising from the consumption of alcohol;

          II.   The health risks of excessive consumption of alcohol, including -

(a)     “binge drinking”; and

(b)     foetal alcohol syndrome;

         III.   The economic cost to South Australia in dealing with the consequences of alcohol abuse; and

         IV.   Any other relevant matters:

                 Debate resumed.

                 Question put and passed.

 

Sale and
Consumption of
Alcohol - Social
Development
Committee to
inquire into -
Motion re.

  16.

On the Order of the Day being read for the adjourned debate on the question - That the Development (Political Donations) Amendment Bill be now read a second time:

                 Debate resumed.

 

Development
(Political Donations)
Amendment Bill.

 

_____________________

 

And it being twelve of the clock:

WEDNESDAY 29 JULY 2008

_____________________

 

 

                 Question put.

 

 

             Council divided:

Ayes, 2

The Hon. S. M. Kanck

The Hon. M. C. Parnell (Teller)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

      So it passed in the negative.

 

 

Noes, 17

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. 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. 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)

 

 

17.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. R. P. Wortley - That the Report of the Natural Resources Committee on the Eyre Peninsula Natural Resource Management Board, be noted:

                 Debate resumed.

                 Question put and passed.

Natural Resources
Committee -
Report on the
Eyre Peninsula
Natural Resource
Management Board,
be noted -
Motion re.

 

  18.

On the Order of the Day being read for the adjourned debate on the question - That the Constitution (Casual Vacancies) Amendment Bill be now read a second time:

                 Debate resumed.

                 Question put and negatived.

 

Constitution
(Casual Vacancies)
Amendment Bill.

19.

Ordered - That Order of the Day (Private Business) No. 5 be an Order of the Day for Wednesday, 10 September 2008.

 

Postponement
of Business.

20.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. B. V. Finnigan - That the Report of the Statutory Authorities Review Committee on an Inquiry into the Medical Board of South Australia be noted:

                 Debate resumed.

                 Question put and passed.

Statutory Authorities
Review Committee -
Report on an Inquiry
into the Medical
Board of
South Australia,
be noted -
Motion re.

 

  21.

On the Order of the Day being read for the adjourned debate on the question - That the Landlord and Tennant (Distress for Rent - Health Records Exemption) 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. 4 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 Mineral Resources Development, 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.

 

Landlord and
Tennant
(Distress for Rent -
Health Records
Exemption)
Amendment Bill.

22.

The Minister for Mineral Resources Development, without notice, moved - That the Standing Orders be so far suspended as to enable the Clerk to deliver Messages, the Appropriation Bill and the Landlord and Tenant (Distress for Rent - Health Records Exemption) Amendment Bill to the Speaker of the House of Assembly whilst the Council is not sitting and notwithstanding the fact that the House of Assembly is not sitting.

                 Question put and passed, without a dissentient voice, there being present an absolute majority of the whole number of the Members of the Council.

 

Suspension of
Standing Orders:
Delivery of Bills
and Messages.

 

23.

The Minister for Mineral Resources Development, by leave, without notice, moved - That the Council, at its rising, do adjourn until Tuesday, 9 September 2008, at fifteen minutes past two o’clock.

                 Debate ensued.

                 Question put and passed.

 

Next Day
of Sitting.

24.

Council adjourned at nineteen minutes to two o’clock a.m. until Tuesday, 9 September 2008, at fifteen minutes past two o’clock.

 

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. 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. C. V. Schaefer

The Hon. T. J. Stephens

The Hon. S. G. Wade

The Hon. R. P. Wortley

The Hon. C. Zollo