SOUTH AUSTRALIA]

No. 61

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

THURSDAY  29  OCTOBER  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 Clerk announced that the following Petitions had been lodged for presentation:

                 By the Hon. R. L. Brokenshire from 799 residents of South Australia, concerning John Knox Church and Schoolhouse.  The Petitioners pray that this Honourable House will -

        1.      Take immediate action to acquire the John Knox precinct;

        2.      Partner with the Onkaparinga Council to determine a use for the John Knox precinct as a public asset, and thereby:

        3.      Return the John Knox precinct to the people of Morphett Vale and the wider South Australian community.

Petitions:
No. 25 -
John Knox Church
and Schoolhouse.

 

                 By the Hon. R. L. Brokenshire from 720 residents of South Australia, concerning drag and track racing.  The Petitioners pray that this Honourable House will call upon the Premier and his Government to support drag and track racing in South Australia by approving the construction of the Adelaide Motorplex at Gillman.

       

No. 26 -
Drag and Track
Racing.

    3.

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

        By the President -

                 Ombudsman Report, 2008-2009.

        By the Minister for Mineral Resources Development (The Hon. P. Holloway) -

                 Reports, 2008-2009 -

                          Phylloxera and Grape Industry Board of South Australia.

                          Phylloxera and Grape Industry Board of South Australia - Financial.

                 Reports -

                          Transparency Statement - Part A - Water and Wastewater Prices in Metropolitan and Regional South Australia, February 2009.

                          Transparency Statement - Part B - Inquiry into the 2009-2010 Metropolitan and Regional Water and Wastewater Pricing Process, August 2009.

                          Transparency Statement - Part C - Inquiry into the 2009-2010 Metropolitan and Regional Water and Wastewater Pricing Process - Government Response, October 2009.

 

Papers.

    4.

The Minister for Mineral Resources Development, by leave, tabled a copy of a Ministerial Statement made by the Premier (The Hon. M. D. Rann, M.P.) concerning Container Deposit Legislation Results.

 

Ministerial
Statement Tabled.

    5.

The Minister for Mineral Resources Development, by leave, tabled a copy of a Ministerial Statement made by the Attorney-General (The Hon. M. J. Atkinson, M.P.) concerning Police Complaints Authority.

 

Ministerial
Statement Tabled.

   6.

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.

   7.

Ordered - That Orders of the Day (Government Business) No. 4 to No. 7 be postponed and taken into consideration after Order of the Day (Government Business) No. 8.

 

Postponement
of Business.

   8.

On the Order of the Day being read for the adjourned debate on the question - That the First Home Owner Grant (Special Eligible Transactions) 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. 13 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.

 

First Home
Owner Grant
(Special Eligible
Transactions)
Amendment Bill.

   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 National Electricity (South Australia) (Smart Meters) 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. 6 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.

 

National Electricity
(South Australia)
(Smart Meters)
Amendment Bill.

11.

Ordered - That Orders of the Day (Government Business) No. 4, No. 6 and No. 7 and No. 9 to No. 15 be postponed and taken into consideration after Order of the Day (Government Business) No. 16.

 

Postponement
of Business.

  12.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of Message No. 112 from the House of Assembly relating to the Local Government (Elections) (Miscellaneous) Amendment Bill.

 

In the Committee

 

                 Resolved - That the amendment be agreed to.

_____________________

 

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

 

Local Government
(Elections)
(Miscellaneous)
Amendment Bill.
 

13.

Ordered - That Orders of the Day (Government Business) No. 4, No. 6 and No. 7 and No. 9 to No. 11 be postponed and taken into consideration after Order of the Day (Government Business) No. 12.

 

Postponement
of Business.

  14.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of Message No. 107 from the House of Assembly relating to the Statutes Amendment (Victims of Crime) Bill.

 

In the Committee

 

                 Resolved - That the amendments be insisted on.

_____________________

 

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

 

Statutes Amendment
(Victims of Crime)
Bill.

15.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Serious and Organised Crime (Unexplained Wealth) Bill.

 

In the Committee

 

                          Clauses No. 1 and No. 2 agreed to.

                          Clause No. 3 read.

                 The Hon. D. N. Winderlich moved on page 4, lines 1 to 5, to delete the definition of criminal intelligence.

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

                          Clause No. 3, as otherwise amended, agreed to.

                          Clauses No. 4 and No. 5 agreed to.

                          Clause No. 6 amended and agreed to.

                          Clause No. 7 read.

                 The Hon. R. D. Lawson moved on page 6, lines 14 and 15, to leave out “exercises an independent discretion in relation to that power or function and does” and insert “must exercise an independent discretion in relation to that power or function and must”.

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

                          Clause No. 7, as otherwise amended, agreed to.

                          Clause No. 8 agreed to.

                          Clause No. 9 amended and agreed to.

                          Clauses No. 10 and No. 11 agreed to.

                          Clause No. 12 read.

                 The Hon. D. N. Winderlich moved on page 8, lines 32 to 37, to leave out paragraph (a) and insert the following:

     “(a)      the powers and functions are exercised for the purpose of investigating, or restraining, wealth of a person who has been convicted of a serious offence or declared liable to supervision under Part 8A of the Criminal Law Consolidation Act 1935 in relation to a charge of a serious offence; or”.

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

                          Clause No. 12, as otherwise amended, agreed to.

                          Clauses No. 13 to No. 33 agreed to.

                          Clause No. 34 amended and agreed to.

                          Clauses No. 35 and No. 36 agreed to.

                          New Clause No. 36A inserted.

                          Clause No. 37 agreed to.

                          Clause No. 38 amended and agreed to.

                          Clause No. 39 read.

                 The Hon. D. N. Winderlich moved to leave out the clause.

                 The Minister for Mineral Resources Development moved on page 21, line 5, to leave out “Crown Solicitor” and insert “DPP or the Crown Solicitor”.

                 Question - That all words in Clause No. 39 down to, but excluding, “Crown Solicitor” in line 5, stand as printed - put and negatived.

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

                          Clause No. 39, as amended and otherwise amended, agreed to.

                          Clauses No. 40 to No. 44 agreed to.

                          Clause No. 45 amended and agreed to.

                          Schedule agreed to.

                          Title agreed to.

_____________________

 

Serious and
Organised Crime
(Unexplained
Wealth) Bill.

 

                 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 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.

                 The Minister for Mineral Resources Development 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.

 

 

16.

Ordered - That Orders of the Day (Government Business) No. 6 and No. 7 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

17.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (Children’s Protection) 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.

 

Statutes Amendment
(Children’s
Protection) Bill.

18.

Ordered - That Order of the Day (Government Business) No. 10 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

19.

On the Order of the Day being read for the adjourned debate on the question - That the Correctional Services (Miscellaneous) 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.

 

Correctional Services
(Miscellaneous)
Amendment Bill.

20.

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

 

Postponement
of Business.

21.

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

Message No. 113

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to limit the effect of a person’s conviction for certain offences if the person completes a period of crime-free behaviour; and for other purposes, to which it desires the concurrence of the Legislative Council.

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

                 Bill read a first time.

                 Ordered - That the second reading be an Order of the Day for Wednesday, 18 November 2009.

 

Messages from
House of Assembly:
Spent Convictions
(No. 2) Bill.

 

 

Message No. 114

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Motor Vehicles Act 1959; and to make a related amendment to the Road Traffic Act 1961, to which it desires the concurrence of the Legislative Council.

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

                 Bill read a first time.

                 The Minister for State/Local Government Relations then moved - That this Bill be now read a second time.

                 On motion of the Hon. R. D. Lawson, the debate was adjourned until next day of sitting.

 

Motor Vehicles
(Miscellaneous
No. 2) Amendment
Bill.

 

Message No. 115

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend various Acts consequent on the enactment of the Public Sector Act 2009 and the Public Sector Management (Consequential) Amendment Act 2009, to which it desires the concurrence of the Legislative Council.

House of Assembly, 29 October 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. T. J. Stephens, the debate was adjourned until next day of sitting.

 

Statutes Amendment
(Public Sector
Consequential
Amendments) Bill.

 

Message No. 116

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to provide for payments for construction work carried out, and related goods and services supplied, under construction contracts; to make related amendments to the Building Work Contractors Act 1995 and the Commercial Arbitration and Industrial Referral Agreements Act 1986; and for other purposes, to which it desires the concurrence of the Legislative Council.

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

                 Bill read a first time.

                 Ordered - That the second reading be an Order of the Day for Wednesday, 18 November 2009.

 

Building and
Construction
Industry Security
of Payment Bill.

22.

Ordered - That the Council, at its rising, do adjourn until Tuesday, 17 November 2009, at fifteen minutes past two o’clock.

 

Next Day of Sitting.

23.

Council adjourned at fourteen minutes past six o’clock until Tuesday, 17 November 2009, 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. 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. D. N. Winderlich

The Hon. R. P. Wortley

The Hon. C. Zollo