SOUTH AUSTRALIA]

No. 6

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  30  MAY  2007

 

 

 

   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 Second Report, 2007, of the Legislative Review Committee.

Legislative
Review
Committee -
Second Report,
2007.

 

 

    3.

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

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

                 Rules of Court -

                          Supreme Court - Supreme Court Act 1935 Workers Compensation Tribunal - Supreme Court Rules and Conduct of Proceedings.

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

                 South Australian Council on Reproductive Technology - Report, 2006.

 

Papers.

 

   4.

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

 

Statements on
Matters of Interest.

 

   5.

Ordered - separately - That the Notices of Motion (Private Business) No. 1 to No. 3 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

 

   6.

The Hon. N. Xenophon, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Gaming Machines Act 1992 and the Casino Act 1997.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. N. Xenophon then moved - That this Bill be now read a second time.

                 On motion of the Hon. I. K. Hunter, the debate was adjourned until Wednesday next.

 

Statutes Amendment
(Gambling
Regulation) Bill.

 

   7.

The Hon. S. M. Kanck, pursuant to notice, moved - That the Regulations under the Upper South East Dryland Salinity and Flood Management Act 2002, concerning Project Works Scheme, made on 10 May 2007 and laid on the Table of the Legislative Council on 29 May 2007, be disallowed.

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

 

Upper South East
Dryland Salinity and
Flood Management
Act 2002 -
Regulations - Project
Works Scheme -
Motion for disallowance of.

 

 

   8.

The Hon. S. M. Kanck moved - That she have leave to introduce a Bill for an Act to amend the Tobacco Products Regulation Act 1997.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. S. M. Kanck then moved - That this Bill be now read a second time.

                 On motion of The Hon. J. M. Gazzola, the debate was adjourned until Wednesday next.

 

Tobacco Products
Regulation
(Indirect Orders)
Amendment Bill.

 

 

   9.

The Hon. D.G.E. Hood, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Controlled Substances Act 1984.

                 Question put and passed.

                 Bill introduced and read a first time.

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

                 On motion of the Hon. I. K. Hunter, the debate was adjourned until Wednesday next.

 

Controlled
Substances
(Cultivation of
Controlled Plants)
Amendment Bill.

 

10.

The Hon. D.G.E. Hood, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Gaming Machines Act 1992.

                 Question put and passed.

                 Bill introduced and read a first time.

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

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

 

Gaming Machines
(Hours of Operation)
Amendment Bill.

 

11.

The Hon. D.G.E. Hood, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Criminal Law Consolidation Act 1935.

                 Question put and passed.

                 Bill introduced and read a first time.

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

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

 

Criminal Law
Consolidation
(Reasonable
Chastisement of
Children)
Amendment Bill.

 

12.

The Hon. A. M. Bressington, pursuant to notice, moved - That she have leave to introduce a Bill for an Act to provide for properly monitored treatment programs for substance abuse; to make related amendments to the Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981; the Children’s Protection Act 1993; the Controlled Substances Act 1984; and the Education Act 1972; and for other purposes.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. A. M. Bressington then moved - That this Bill be now read a second time.

                 On motion of the Hon. R. P. Wortley, the debate was adjourned until Wednesday next.

 

Monitored
Treatment
Programs Bill.

 

13.

The Hon. A. M. Bressington, pursuant to notice, moved - That she have leave to introduce a Bill for an Act to amend the Criminal Law (Sentencing) Act 1988; the Summary Offences Act 1953; the Summary Procedure Act 1921; the Young Offenders Act 1993; and the Youth Court Act 1993.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. A. M. Bressington then moved - That this Bill be now read a second time.

                 On motion of the Hon. D.G.E. Hood, the debate was adjourned until Wednesday next.

 

Statutes Amendment
(Gangs) Bill.

 

14.

The Hon. A. M. Bressington, pursuant to notice, moved - That she have leave to introduce a Bill for an Act to amend the Summary Offences Act 1953.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. A. M. Bressington then moved - That this Bill be now read a second time.

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

 

Summary Offences
(Drug Testing
on Arrest)
Amendment Bill.

 

15.

The Hon. A. M. Bressington, having obtained leave to amend the motion for which notice had been given, moved - That she have leave to introduce a Bill for an Act to amend the Motor Vehicles Act 1959.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. A. M. Bressington then moved - That this Bill be now read a second time.

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

 

Motor Vehicles
(Drug Testing of
Learner Drivers)
Amendment Bill.

 

16.

At 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.

 

 

17.

The Hon. A. M. Bressington, pursuant to notice, moved - That she have leave to introduce a Bill for an Act to amend the Security and Investigation Agents Act 1995.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. A. M. Bressington then moved - That this Bill be now read a second time.

                 On motion of the Hon. R. P. Wortley, the debate was adjourned until Wednesday next.

 

Security and
Investigations
Agents
(Crowd Controller
Licence Suspension)
Amendment Bill.

 

18.

Ordered - That Order of the Day (Private Business) No. 1 be an Order of the Day for Wednesday next.

 

Postponement
of Business.

 

19.

On the Order of the Day being read for the third reading of the Motor Vehicles (Expiation of Offences) Amendment Bill:

                 The President certified that the fair print of this Bill was in accordance with the Bill as agreed to in Committee and reported with amendments last Session and restored to the Notice Paper as a lapsed Bill:

                 The D.G.E. Hood 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.

 

Motor Vehicles
(Expiation of
Offences)
Amendment Bill.

 

20.

Ordered - That Orders of the Day (Private Business) No. 3 to No. 10 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

 

21.

On the Order of the Day being read for the adjourned debate on the question - That the Road Traffic (Compulsory Blood Tests) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. I. K. Hunter, the debate was adjourned until Wednesday next.

 

Road Traffic
(Compulsory
Blood Tests)
Amendment Bill.

 

22.

Ordered - That Orders of the Day (Private Business) No. 11 to No. 13 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

 

23.

The following Message from the House of Assembly was received and read:

Message No. 4

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to provide certain powers to seize and deal with motor vehicles in connection with certain offences and alleged offences; to make a related amendment to the Summary Offences Act 1953; and for other purposes, to which it desires the concurrence of the Legislative Council.

House of Assembly, 29 May 2007.                                                                   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. R. D. Lawson, the debate was adjourned until next day of sitting.

 

Message from
House of Assembly:
Criminal Law
(Clamping,
Impounding and
Forfeiture of
Vehicles)
Amendment Bill.
.

 

24.

Ordered - That Orders of the Day (Government Business) No. 1 and No. 2 be postponed and taken into consideration after Order of the Day (Government Business) No. 3.

 

Postponement
of Business.

 

25.

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

                 Debate resumed.

                 On motion of the Hon. T. J. Stephens, the debate was adjourned until next day of sitting.

 

Supply Bill.

 

26.

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

 

In the Committee

 

                          The Hon. N. Xenophon moved on page 14, after line 42, to insert new clause No. 19A as follows:

Statutes Amendment
(Affordable
Housing) Bill.

 

 

 

19A—Insertion of section 39A

After section 39 insert:

39A—Redevelopment of residential property

Where—

      (a)       SAHT is the landlord of residential property; and

      (b)      SAHT requires possession of the residential property for redevelopment or renovations,

SAHT must take reasonable steps—

      (c)       to consult with any tenants occupying the residential property (the tenants) about their housing options; and

      (d)      to arrive at an outcome that is fair and reasonable in the circumstances after paying particular attention to the age, health and any special needs or circumstances of the tenants (being an outcome which may include relocating the tenants to other premises on an ongoing basis or proceeding on the basis that the tenants will return to the same site or locality after the redevelopment or renovations are completed).”.

                 The Minister for Police moved to amend the proposed new clause by inserting “and to the nature and availability of housing” after “tenants” in proposed new section 39A(d).

                 Question - That the amendment moved by the Minister for Police to new clause 19A, as proposed to be inserted by the Hon. N. Xenophon, be agreed to - put and passed.

                 Question - That new clause No. 19A, as proposed to be inserted by the Hon. N. Xenophon and as amended by the Minister for Police, be so inserted - put and passed.

                          New clause No. 19A inserted.

                          Clause No. 20 amended and agreed to.

                          Clause No. 21 read.

                 The Hon. N. Xenophon moved on page 15, after line 14, to insert the following:

43AA—Disruptive tenants

      (1)     The Minister must cause a report to be prepared on the viability and effectiveness of the development of special housing facilities or complexes for tenants within the State who repeatedly interfere with the reasonable peace, comfort or privacy of their neighbours.

      (2)     The report must be completed by 1 July 2008.

      (3)     The Minister must, within 12 sitting days after receiving the report under this section, have copies of the report laid before both Houses of Parliament.”.

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

                          Clause No. 21 agreed to.

                          Clauses No. 22 to No. 69 agreed to.

                          Clause No. 70 amended and agreed to.

                          Clauses No. 71 to No. 92 agreed to.

                          Clause No. 93 read.

                 The Hon. N. Xenophon moved on page 40, after line 14, to insert the following:

 “(4)  Section 5(2)—after paragraph (a) insert:

(ab)      Section 65 (Quiet enjoyment);”.

                 Question - That the amendment be agreed to - put.

 

 

 

             Committee divided:

Ayes, 12

The Hon. A. M. Bressington

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. D.G.E. Hood

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. T. J. Stephens

The Hon. S. G. Wade

The Hon. N. Xenophon (Teller)

      So it was resolved in the affirmative.

 

Noes, 9

The Hon. B. V. Finnigan

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. I. K. Hunter

The Hon. S. M. Kanck

The Hon. M. C. Parnell

The Hon. R. P. Wortley

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

 

                          Clause No. 93, as amended and otherwise amended, agreed to.

                          Clauses No. 94 to No. 99 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 with amendments; whereupon the Council adopted such report.

                 The Minister for Police, 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.

 

 

 

27.

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

 

Postponement
of Business.

 

28.

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

 

Next Day
of Sitting.

 

 

29.

Council adjourned at eleven o’clock p.m. until tomorrow at eleven o’clock a.m.

 

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. Gazzola

The Hon. D.G.E. Hood

 

The Hon. P. Holloway

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