SOUTH AUSTRALIA]

No. 20

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  30  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.

The Hon. J. M. Gazzola brought up the Eighth Report, 2006, of the Legislative Review Committee.

Legislative
Review
Committee -
Eighth Report,
2006.

 

   3.

The Hon. J. M. Gazzola brought up the Ninth Report, 2006, of the Legislative Review Committee, which was read by the Clerk as follows -

                 The Regulations listed hereunder are at present being considered by the Legislative Review Committee.  Evidence is being taken on these matters and it is necessary for Notices of Motion for Disallowance to be given in both Houses before the expiration of 14 sitting days, to allow the Committee time to complete its deliberations.

                 Honourable Members are warned that after further consideration has been given to the
Regulations, the Committee may decide to take no further action.

                 Regulations referred to -

Occupational Health, Safety and Welfare Act 1986 - Amusement Structures.

Retirement Villages Act 1987 - General.

 

Legislative
Review
Committee -
Ninth Report,
2006.

 

   4.

The Minister for Environment and Conservation (The Hon. G. E. Gago), by leave, tabled a copy of a Ministerial Statement made by the Minister for Small Business (The Hon. K. A. Maywald, M.P.) concerning Government Action on Small Business Red Tape.

 

Ministerial
Statement Tabled.

   5.

The Minister for Police, without notice, moved - That the Standing Orders be so far suspended as to enable Question Time to be extended to enable the Hon. D.G.E. Hood to ask a question of the Minister for Environment and Conservation and for the Minister to complete her 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.

   6.

The Minister for Police, by leave, tabled a copy of a Ministerial Statement made by the Premier (The Hon. M. D. Rann, M.P.) concerning the Confirmation of Mining Projects in South Australia.

 

Ministerial
Statement Tabled.

   7.

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

 

Statements on
Matters of Interest.

    8.

The Hon. S. M. Kanck, pursuant to notice, moved - That this Council notes that the lack of legal voluntary euthanasia effectively forces some people to pre-emptive and covert suicide, often by violent or unreliable means.

                 On motion of the Hon. M. C. Parnell, the debate was adjourned until Wednesday, 20 September 2006.

 

Lack of Legal
Voluntary
Euthanasia -
Motion re.

    9.

The Hon. M. C. Parnell, pursuant to notice, moved -

            I.      That the Legislative Council calls on the Australian Government to insist that citizen of South Australia, Mr. David Hicks, be treated the same as citizens of the United States of America - no more, no less.

          II.      That this resolution be forwarded to the Minister for Foreign Affairs.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday, 20 September 2006.

 

Treatment of
Mr. David Hicks -
Motion re.

  10.

The Hon. M. C. Parnell, pursuant to notice, moved - That the Legislative Council calls on the State Government to ensure the Bakewell Bridge redevelopment has equitable disability access and appropriate provision for pedestrians and cyclists by the inclusion of a decent off-road pathway on the northern side of the proposed underpass.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday, 20 September 2006.

 

Bakewell Bridge
Redevelopment -
Motion re.

  11.

Ordered - That Notice of Motion (Private Business) No. 6 be an Order of the Day for Wednesday, 20 September 2006.

 

Postponement
of Business.

12.

The Hon. A. M. Bressington, pursuant to notice, moved - That she have leave to introduce a Bill for an Act to amend the Education 1972.

                 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. T. J. Stephens, the debate was adjourned until Wednesday, 20 September 2006.

 

Education
(Random Drug
Testing)
Amendment Bill.

  13.

Ordered - That Notice of Motion (Private Business) No. 8 be an Order of the Day for Wednesday, 20 September 2006.

 

Postponement
of Business.

  14.

Ordered - That Order of the Day (Private Business) No. 1 be discharged.

 

Postponement
of Business.

  15.

Ordered - That Orders of the Day (Private Business) No. 2 and No. 3 be Orders of the Day for Wednesday, 20 September 2006.

 

Postponement
of Business.

  16.

Ordered - That Order of the Day (Private Business) No. 4 be discharged.

 

Postponement
of Business.

  17.

Ordered - That Orders of the Day (Private Business) No. 5 to No. 15 be Orders of the Day for Wednesday, 20 September 2006.

 

Postponement
of Business.

18.

On the Order of the Day being read for the adjourned debate on the question - That the Tobacco Products Regulation (Clean Air Zones) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. R. P. Wortley, the debate was adjourned and ordered to be resumed on motion.

 

Tobacco Products
Regulation
(Clean Air Zones)
Amendment Bill.

  19.

Ordered - That Orders of the Day (Private Business) No. 17 and No. 18 be Orders of the Day for Wednesday, 20 September 2006.

 

Postponement
of Business.

  20.

The Minister for Environment and Conservation, pursuant to notice, moved - That this Council requests Her Excellency The Governor to make a proclamation under section 28(2) of the National Parks and Wildlife Act 1972 and to make a proclamation under section 43 of that Act-

            I.      excluding Allotment 500 of approved plan No. DP 59476, Out of Hundreds (Yardea), lodged in the Lands Titles Registration Office, from the Gawler Ranges National Park; and

          II.      adding Pieces 102 and 103 of approved plan No. DP 67746, Out of Hundreds (Yardea), lodged in the Lands Titles Registration Office, to the Lake Gairdner National Park subject to existing and future rights of entry, prospecting, exploration or mining under the Mining Act 1971 or the Petroleum Act 2000.

                 Debate ensued.

                 Question put and passed.

 

National Parks and
Wildlife Act 1972 -
Proclamations under
section 28(2) and
section 43.

21.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Groundwater (Border Agreement) (Amending Agreement) Amendment Bill.

 

In the Committee

 

                          Clause No. 1 read.

                 To report progress and ask leave to sit again.

_____________________

 

                 The President resumed the Chair and reported progress and obtained for the Committee leave to sit again on motion.

 

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

22.

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.

23.

Ordered - That Orders of the Day (Government Business) No. 2 to No. 4 be postponed and taken into consideration after Order of the Day (Government Business) No. 5.

 

Postponement
of Business.

24.

The Minister for Police, according to order, moved - That the Statutes Amendment (Electricity and Gas) Bill be now read a second time.

                 On motion of the Hon. R. I. Lucas, the debate was adjourned until next day of sitting.

 

Statutes Amendment
(Electricity and Gas)
 Bill.

 

25.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Groundwater (Border Agreement) (Amending Agreement) Amendment Bill.

 

In the Committee

 

                          Clause No. 1 further considered and agreed to.

                          Clauses No. 2 to No. 10 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 Environment and Conservation, 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.

 

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

  26.

Ordered - That Order of the Day (Government Business) No. 2 be an Order 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 Anangu Pitjantjatjara Yankunytjatjara Land Rights (Regulated Substances) 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.

 

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

 

In the Committee

 

                          Clauses No. 1 to No. 4 agreed to.

                 The Hon. N. Xenophon moved on page 2, after line 18, to insert new clause as follows:

4A—Amendment of section 19—Unauthorised entry on the lands

      (1)       Section 19(8)—after paragraph (ca) insert:

     (cb)     a representative of the news media who enters the lands for the purpose of investigating or reporting on a matter of public interest occurring on, or having a connection with, the lands and who only enters—

       (i)       those parts of the lands that constitute roads or other access routes through the lands; or

      (ii)       other parts of the lands that the representative has been given permission to enter by Anangu Pitjantjatjara Yankunytjatjara; or

     (cc)      a person providing an assessment and treatment service established by the Minister in accordance with section 42CA; or

      (2)       Section 19(9)—delete "or (d)" and substitute:

, (cb), (cc) or (d)”.

                 Question - That new clause No. 4A as proposed to be inserted by the Hon. N. Xenophon, be so inserted - put.

 

 

             Committee divided:

Ayes, 8

The Hon. A. M. Bressington

The Hon. J.S.L. Dawkins

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. S. G. Wade

The Hon. N. Xenophon (Teller)

 

      So it passed in the negative.

 

Noes, 9

The Hon. A. L. Evans

The Hon. B. V. Finnigan

The Hon. G. E. Gago

The Hon. P. Holloway

The Hon. D.G.E. Hood

The Hon. S. M. Kanck

The Hon. M. C. Parnell

The Hon. R. P. Wortley

The Hon. C. Zollo (Teller)

 

 

 

                          Clause No. 5 agreed to.

                          Clause No. 6 read.

                 The Hon. N. Xenophon moved on page 3, after line 2, to insert the following:

42CA—Regulated substance misuse offences—mandatory referral to assessment service

           (1)       If an Anangu who is of or over the age of 14 is alleged to have committed an offence on the lands constituted of—

      (a)       the inhalation or consumption of a regulated substance; or

      (b)      possession of a regulated substance for the purpose of inhalation or consumption by him or her,

(a regulated substance misuse offence), a police officer must refer the Anangu to an assessment and treatment service in accordance with Schedule 4.

           (2)       A referral under this section operates as a stay of proceedings (if any) for the alleged offence.

           (3)       A prosecution for a regulated substance misuse offence cannot proceed unless the alleged offender has been referred to an assessment and treatment service under this section in relation to the offence and the referral has been terminated by the service in accordance with Schedule 4.

           (4)       The fact that a person alleged to have committed a regulated substance misuse offence participates in an assessment or enters into an undertaking under Schedule 4 does not constitute an admission of guilt, and will not be regarded as evidence tending to establish guilt, in relation to the alleged offence.

           (5)       If the referral of a person in relation to an alleged offence is terminated under Schedule 4, evidence—

      (a)       of anything said or done by the person in the course of being assessed or carrying out an undertaking; or

      (b)      of the reasons for the termination,

is not admissible in any proceedings against the person for the alleged offence.

           (6)       On the expiry of an undertaking under Schedule 4, the person who entered into it is immune from prosecution for the alleged offence to which the undertaking related.

           (7)       The Minister must establish such assessment and treatment services as are necessary for the purposes of this section to provide assessment and treatment programs on the lands.

           (8)       The Minister may, by notice in writing—

      (a)       impose conditions on an assessment or treatment service established under subsection (7); and

      (b)      vary or revoke any of the conditions imposed on such a service, or impose further conditions; and

      (c)       abolish an assessment or treatment service established under subsection (7) for any reason the Minister thinks fit.

           (9)       However, the Minister must consult with Anangu Pitjantjatjara Yankunytjatjara before—

      (a)       establishing a regulated substance misuse assessment and treatment service under subsection (7); or

      (b)      abolishing a regulated substance misuse assessment and treatment service under subsection (8)(c).”.

                       Question - That the amendment be agreed to - put.

 

 

             Committee divided:

Ayes, 8

The Hon. A. M. Bressington

The Hon. J.S.L. Dawkins

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. C. V. Schaefer

The Hon. S. G. Wade

The Hon. N. Xenophon (Teller)

 

      So it passed in the negative.

 

Noes, 9

The Hon. A. L. Evans

The Hon. B. V. Finnigan

The Hon. G. E. Gago

The Hon. P. Holloway

The Hon. D.G.E. Hood

The Hon. S. M. Kanck

The Hon. M. C. Parnell

The Hon. R. P. Wortley

The Hon. C. Zollo (Teller)

 

 

 

                          Clause No. 6 agreed to.

                          Clause No. 7 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 Emergency Services, 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.

 

 

28.

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

 

Postponement
of Business.

  29.

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

Message No. 36

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Evidence Act 1929, to which it desires the concurrence of the Legislative Council.

House of Assembly, 29 August 2006.                                                             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. I. Lucas, the debate was adjourned until next day of sitting.

 

Messages from
House of Assembly:
Evidence (Use of
Audio and Audio
Visual Links)
Amendment Bill.

 

 

Message No. 37

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to establish a register of child sex offenders; to prevent registered child sex offenders engaging in child-related work; and to make a related amendment to the Criminal Law (Sentencing) Act 1988; and for other purposes, to which it desires the concurrence of the Legislative Council.

House of Assembly, 29 August 2006.                                                            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. I. Lucas, the debate was adjourned until next day of sitting.

 

Child Sex Offenders
Registration Bill.

30.

Council adjourned at twenty-two minutes to eleven 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