SOUTH AUSTRALIA]

No. 19

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY  29  AUGUST  2006

 

 

 

   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. 3.

                 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 present Session, viz.:

                 No. 4 of 2006 - An Act to amend the Gas Pipelines Access (South Australia) Act 1997.

                 No. 5 of 2006 - An Act to amend the Superannuation Act 1998 and to make related amendments to the Superannuation Funds Management Corporation of South Australia Act 1995.

                 No. 6 of 2006 - An Act to amend the City of Adelaide Act 1998.

                 No. 7 of 2006 - An Act to provide for the protection of the River Torrens Linear Park as a world-class asset to be preserved as an urban park for the benefit of present and future generations; to repeal the River Torrens Acquisition Act 1970; and for other purposes.

                 No. 8 of 2006 - An Act to provide for water efficiency labelling and standards as part of a cooperative scheme between the Commonwealth and the States and Territories; and for other purposes.

                 No. 9 of 2006 - An Act to amend the Criminal Law Consolidation Act 1935.

                 No. 10 of 2006 - An Act to amend the Births, Deaths and Marriages Registration Act 1996; the Coroners Act 2003 and the Cremation Act 2000.

                 No. 11 of 2006 - An Act to amend the Environment, Resources and Development Court Act 1993.

                 No. 12 of 2006 - An Act to amend the Natural Resources Management Act 2004.

                 No. 13 of 2006 - An Act to amend the Road Traffic Act 1961, the Motor Vehicles Act 1959 and the Summary Offences Act 1953.

                 No. 14 of 2006 - An Act to amend the Criminal Law Consolidation Act 1935.

                 No. 15 of 2006 - An Act to amend the Development Act 1993 and to make related amendments to the Criminal Law Consolidation Act 1935 and the Ombudsman Act 1972.

                 No. 16 of 2006 - An Act to amend the Tobacco Products Regulation Act 1997.

                 No. 17 of 2006 - An Act to amend the Supreme Court Act 1935, the District Court Act 1991 and the Magistrates Court Act 1991 to make certain procedural changes, and changes in terminology, that have become desirable in the light of the proposed new rules of civil procedure for the Supreme Court and the District Court; and to make related amendments to various other Acts.

                 No. 18 of 2006 - An Act to amend the Commission of Inquiry (Children in State Care) Act 2004.

Government House, Adelaide, 29 August 2006.             MARJORIE JACKSON-NELSON, Governor.

 

Message from
Governor:
Assent to Bills.

   3.

The Minister for Police (The Hon. P. Holloway), by leave, moved - That the Legislative Council expresses its deep regret at the death of Terry McRae, former Speaker and Member of the House of Assembly, and places on record its appreciation of his distinguished public service and that, 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. R. I. Lucas, the Hon. S. M. Kanck and the Hon. R. D. Lawson:

                 Motion carried in silence, Members standing in their places.

 

Death of
Terry McRae.

   4.

At fourteen minutes to three o’clock the sitting was suspended until the ringing of the bells.

                 At three minutes past three o’clock the sitting was resumed.

 

Suspension and
Resumption of
Sitting.

    5.

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

        By the President -

      Members’ Travel Expenditure, 2005-2006, pursuant to Members of Parliament Travel Entitlement Rules, 1983.

      Natural Resources Committee - Report on Natural Resources Management Boards: Levy Proposals which was authorised to be published on 17 July 2006.

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

                 Listening and Surveillance Devices Act 1972 - Report, 2005.

                 Public Trustee Report, 2004-2005.

                 Independent Gambling Authority - Inquiry into the Suitability of a Licensed Bookmaker - Interim Report.

                 Ministerial Review of the AustralAsia Railway (Third Party Access) Code - Report, June 2006.

                 Regulations under the following Acts -

                          Births, Deaths and Marriages Registration Act 1996 - Disposal Fees.

                          Cremation Act 2000 - Cremation Permit.

                          Electricity Act 1996 - Aerial Lines.

                          Electronic Transactions Act 2000 - Excluded Transactions.

                          Emergency Services Funding Act 1998 - Amount of Remission.

                          Fees Regulation Act 1927 - Proclaimed Managers and Justices.

                          Harbors and Navigation Act 1993 - Restricted Areas.

                          Justices of the Peace Act 2005 - Code of Conduct.

                          Legislation Revision and Publication Act 2002 - Definition of Legislation

                          Motor Vehicles Act 1959 - Vehicle Examination Fee.

                          National Electricity (South Australia) Act 1996 - Transmission Systems.

                          Passenger Transport Act 1994 - Taxi Fares.

                          Public Corporations Act 1993 - Captive Insurance Corporation.

                          Road Traffic Act 1961 -

                                   Declared Hospitals.

                                   Disqualification Offence.

                                   Southern Flinders Health Incorporated.

                          Roads (Opening and Closing) Act 1991 - General.

                          Subordinate Legislation Act 1978 - Postponement of Expiry.

                          Superannuation Funds Management Corporation of South Australia Act 1995 - Investment of Funds.

                 Rules of Court -

                          Supreme Court - Supreme Court Act 1935 -

                                   Appeal Book.

                                   Corporation Rules.

                                   General Civil.

                                   Land and Valuation Rules.

                                   Police Powers.

                                   Preventative Detention.

                                   Subpoenas and Contempt of Court.

                          District Court - District Court Act 1991 -

                                   General Civil.

                                   Subpoenas and Contempt of Court.

                                   Terrorism Police Powers.

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

                  Regulations under the following Act -

                          Development Act 1993 -

                                   Constitution of Statutory Committees.

                                   Review of Fees.

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

                 Reports, 2005 -

                          Flinders University.

                          The University of Adelaide -

                                   Part 1 Annual Review.

                                   Part 2 Financial Statements.

                 Regulations under the following Acts -

                          Fisheries Act 1982 -

                                   Abalone Fisheries.

                                   Fish Processors.

                                   Lakes and Coorong Fishery.

                                   Marine Scalefish Fisheries.

                                   Prawn Fisheries.

                                   River Fishery.

                                   Rock Lobster Scheme of Management.

                          Gaming Machines Act 1992 - Fees and Charges.

                          Livestock Act 1997 - Identification.

                 Education Adelaide Charter and Performance Statements, 2006-2007.

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

                 Reports, 2004-2005 -

                          Ceduna Koonibba Aboriginal Health Service Inc.

                          Local Government Grants Commission of South Australia.

                          Optometrists Board of South Australia.

                 Regulations under the following Acts -

                          Chiropractic and Osteopathy Practice Act 2005 - General.

                          Environment Protection Act 1993 - Civil Penalties.

                          Liquor Licensing Act 1997 -

                                   AAMI Stadium.

                                   Long Term Dry Zones -

                                              Coober Pedy.

                                              Kadina.

                                              Port Pirie.

                          National Resources Management Act 2004 - Tintinara Coonalpyn Water Levies.

                          Psychological Practices Act 1973 - Fees.

                          Public and Environmental Health Act 1987 - Cervical Cancer Screening.

                          Wilderness Protection Act 1992 - General.

                 By-laws - District Council -

                          Barunga West -

                                   No. 6 - Boat Ramps.

                          Elliston -

                                   No. 1 - Permits and Penalties.

                                   No. 2 - Local Government Land.

                                   No. 3 - Roads.

                                   No. 4 - Moveable Signs, Banners and Umbrellas.

                                   No. 5 - Dogs.

                                   No. 6 - Caravans and Camping.

                                   No. 7 - Foreshore.

                                   No. 8 - Waste Management.

 

Papers.

   6.

The Minister for Police, by leave, tabled a Ministerial Statement made by the Minister for Industrial Relations (The Hon. M. J. Wright, M.P.) concerning Fines for Safety Breaches by Corporations.

 

Ministerial
Statement Tabled.

   7.

The Minister for Police, by leave, tabled a Ministerial Statement made by the Minister for Industrial Relations concerning Shop Trading Hours.

 

Ministerial
Statement Tabled.

   8.

The Minister for Police, by leave, tabled a Ministerial Statement made by the Premier (The Hon. M. D. Rann, M.P.) concerning the Council of the Australian Federation.

 

Ministerial
Statement Tabled.

   9.

The Minister for Emergency Services, by leave, tabled a Ministerial Statement made by the Minister Assisting the Premier in Cabinet Business and Public Sector Management (The Hon. J. Weatherill, M.P.) concerning the Government Reform Commission.

 

Ministerial
Statement Tabled.

10.

The Minister for Emergency Services, by leave, tabled a Ministerial Statement made by the Minister for Agriculture, Food and Fisheries (The Hon. R. J. McEwen, M.P.) concerning Conservation Farming.

 

Ministerial
Statement Tabled.

11.

The Minister for Environment and Conservation, by leave, tabled a Ministerial Statement made by the Minister for Regional Development (The Hon. K. A. Maywald, M.P.) concerning the Community Builders Program.

 

Ministerial
Statement Tabled.

12.

The Minister for Environment and Conservation, by leave, tabled a Ministerial Statement made by the Minister for the River Murray (The Hon. K. A. Maywald, M.P.) concerning Dry Autumn Conditions leading to Water Restrictions.

 

Ministerial
Statement Tabled.

  13.

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

Message No. 31

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Supreme Court Act 1935, the District Court Act 1991 and the Magistrates Court Act 1991 to make certain procedural changes, and changes in terminology, that have become desirable in the light of the proposed new rules of civil procedure for the Supreme Court and the District Court; and to make related amendments to various other Acts, without any amendment.

House of Assembly, 27 June 2006.                                                                   J. J. SNELLING, Speaker.

 

Messages from House of Assembly.
Statutes Amendment
(New Rules of Civil
Procedure) Bill.

 

 

Message No. 32

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Murray-Darling Basin Act 1993, to which it desires the concurrence of the Legislative Council.

House of Assembly, 27 June 2006.                                                                   J. J. SNELLING, Speaker.

                 Bill read a first time.

                 The Minister for Environment and Conservation 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.

 

Murray-Darling
Basin (Amending
Agreement)
Amendment Bill.

 

 

Message No. 33

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Electricity Act 1996 and the Gas Act 1997, to which it desires the concurrence of the Legislative Council.

House of Assembly, 27 June 2006.                                                                  J. J. SNELLING, Speaker.

                 Bill read a first time.

                 Ordered - That the second reading be postponed and taken into consideration on motion.

 

Statutes
Amendment
(Electricity and Gas)
Bill.

 

 

Message No. 34

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Commission of Inquiry (Children in State Care) Act 2004, without any amendment.

House of Assembly, 28 June 2006.                                                                   J. J. SNELLING, Speaker.

 

Commission of
Inquiry (Children
in State Care)
(Privileges and
Immunities)
Amendment Bill.

 

 

Message No. 35

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

House of Assembly, 28 June 2006.                                                                 J. J. SNELLING, Speaker.

 

Tobacco Products
Regulation
(Prohibited
Tobacco Products)
Amendment Bill.

14.

On the Order of the Day being read for the adjourned debate on the question - That the Groundwater (Border Agreement) (Amending Agreement) 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.

 

Groundwater
(Border Agreement)
(Amending
Agreement)
Amendment Bill.

15.

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

 

Postponement
of Business.

16.

On the Order of the Day being read for the adjourned debate on the question - That the Anangu Pitjantjatjara Yankunytjatjara Land Rights (Regulated Substances) 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.

 

Anangu Pitjantjatjara
Yankunytjatjara
Land Rights
(Regulated
Substances)
Amendment Bill.

17.

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

 

Postponement
of Business.

18.

Ordered - That the second reading of the Statutes Amendment (Electricity and Gas) Bill be an Order of the Day for next day of sitting.

 

Postponement
of Business.

19.

Council adjourned at twenty-two 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.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