SOUTH AUSTRALIA]

No.11

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

THURSDAY  30  OCTOBER  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), without notice, moved - That the Standing Orders be so far suspended as to enable Petitions, the Tabling of Papers and Question Time to be taken into consideration at fifteen minutes past two o’clock.

                 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.

   3.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 5 be postponed and taken into consideration after Order of the Day (Government Business) No. 6.

 

Postponement
of Business.

   4.

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

                 Debate resumed.

                 Question put and passed.

                 Ordered - That the Bill’s consideration in Committee be postponed and taken into consideration on motion.

 

Murray-Darling
Basin Bill.

   5.

Ordered - That Orders of the Day (Government Business) No.  1 to No. 4 be postponed and taken into consideration after Order of the Day (Government Business) No. 5.

 

Postponement
of Business.

   6.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Water (Commonwealth Powers) Bill.

 

In the Committee

 

                          Clauses No. 1 and No. 2 agreed to.

                          Clause No. 3 read.

                 The Hon. R. L. Brokenshire moved on page 2, line 20, after “national security costs” to  insert the words “or cause permanent plantings that exist on the commencement of this Act to be lost”.

                 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.

 

Water
(Commonwealth
Powers) Bill.

   7.

At two minutes past one o’clock the sitting was suspended until the ringing of the bells.

                 At fifteen minutes past two o’clock the sitting was resumed.

 

Suspension and
Resumption of
Sitting.

 

   8.

The Clerk announced that the following Petitions had been lodged for presentation:

         By the Hon. S. M. Kanck from 21 residents of South Australia, concerning making voluntary euthanasia legal.  The Petitioners pray that this Honourable House will support a referendum on voluntary euthanasia at the next general election.

Petitions:
No. 3 - Voluntary
Euthanasia.

 

By the Hon S. M. Kanck from 14 residents of South Australia, concerning water allocations and River Murray environmental flows.  The Petitioners pray that this Honourable House will do all in its power to promote the buy-back of water allocations by State and Federal Governments in order to improve environmental flows and support sustainable agriculture.

 

No. 4 - Water
Allocations and
River
Murray
Environmental
Flows.

 

    9.

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

        By the President -

                 District Council of Kimba - Report, 2007-2008.

        By the Minister for Mineral Resources Development -

                 Capital City Committee Adelaide - Report, 2007-2008.

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

                 Reports, 2006-2007 -

                          Industrial Relations Court and Industrial Relations Commission.

                          Julia Farr Services.

                 Reports, 2007-2008 -

                          Construction Industry Long Service Leave Board.

                          Education Adelaide.

                          Office for the Ageing.

                          WorkCover SA.

                          WorkCover SA Financial Statements.

                 A Report into Sexual Abuse - Children on Anangu Pitjantjatjara Yankunytjatjara (APY) Lands Commission of Inquiry - Implementation Statement by the Minister for Families and Communities.

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

                 Reports, 2007-2008 -

                          Club One (SA) Ltd. Financial Report.

                          Gaming Machines Act 1992.

                          Independent Gambling Authority.

                          Problem Gambling Family Orders Act 2004 - Report to Parliament.

        By the Minister for State/Local Government Relations (The Hon. G. E. Gago) -

                 South Australian Abortion Report Committee - Report, 2006-2007.

                 Reports, 2007-2008 -

                          Boundary Adjustment Facilitation Panel.

                          Controlled Substances Advisory Council.

                          Libraries Board of South Australia.

                          Medical Board of South Australia.

                          Nurses Board of South Australia.

                          Pharmacy Board of South Australia.

                          South Australian Food Legislation.

                          Vulkathunha-Gammon Ranges National Park Co-management Board.

                          Windmill Performing Arts Company.

                          Witjira National Park Co-management Board.

                 Review of the Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1982 - October 2008.

 

Papers.

10.

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. C. V. Schaefer  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.

  11.

The Minister for Correctional Services, by leave, tabled a copy of a Ministerial Statement made by the Minister for Industrial Relations (The Hon. P. Caica, M.P.) concerning the WorkCover Annual Report, 2007-2008 and Financial Results.

 

Ministerial
Statement Tabled.

12.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Water (Commonwealth Powers) Bill.

 

In the Committee

 

                          Clause No. 3, which the Hon. R. L. Brokenshire had moved to amend on page 2, line 20, after “national security costs” by inserting the words “or cause permanent plantings that exist on the commencement of this Act to be lost” - further considered.

Water
(Commonwealth
Powers) Bill.

 

                 The Minister for Mineral Resources Development, by leave, tabled a document containing advice from the Crown Solicitor’s Office concerning the proposed amendment, dated 30 October 2008.

Document Tabled.

 

                          Question - That the amendment be agreed to - put.

 

 

             Committee divided:

Ayes, 10

The Hon. A. M. Bressington

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. R. L. Brokenshire (Teller)

      So it was resolved in the affirmative.

 

Noes, 9

The Hon. J. A. Darley

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. C. Zollo

The Hon. P. Holloway (Teller)

 

 

 

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

                          Clauses No. 4 to 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 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.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

 

  13.

The Minister for Mineral Resources Development, by leave, tabled a copy of a Ministerial Statement made by the Minister for Water Security (The Hon. K. A. Maywald, M.P.) concerning Water Restrictions.

 

Ministerial
Statement Tabled.

14.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Murray-Darling Basin Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 20 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.

 

Murray-Darling
Basin Bill.

15.

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

 

Postponement
of Business.

16.

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

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

 

Suspension and
Resumption of
Sitting.

 

17.

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

Message No. 12

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Prohibition of Human Cloning Act 2003 and the Research Involving Human Embryos Act 2003, to which it desires the concurrence of the Legislative Council.

House of Assembly, 30 October 2008.                                                            J. J. SNELLING, Speaker.

                 Bill read a first time.

                 Ordered - That the second reading be an Order of the Day for next day of sitting.

 

Messages from
House of Assembly:
Statutes Amendment
(Prohibition of
Human Cloning for
Reproduction and
Regulation of
Research Involving
Human Embryos)
Bill.

 

Message No. 13

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Partnership Act 1891, to which it desires the concurrence of the Legislative Council.

House of Assembly, 30 October 2008.                                                            J. J. SNELLING, Speaker.

                 Bill read a first time.

                 Ordered - That the second reading be an Order of the Day for next day of sitting.

 

Partnerships
(Venture Capital)
Amendment Bill.

 

Message No. 14

                 MR. PRESIDENT - The House of Assembly has disagreed to the amendments made by the Legislative Council in the Water (Commonwealth Powers) Bill as indicated in the annexed Schedule. The House of Assembly returns the Bill herewith and desires its reconsideration

House of Assembly, 30 October 2008.                                                            J. J. SNELLING, Speaker.

 

Water
(Commonwealth
Powers) Bill.

 

Schedule of the Amendments made by the Legislative Council

to which the House of Assembly has disagreed

Amendment No. 1–

Clause 3, page 2, line 20 [clause 3(1), definition of critical human water needs, (b)]—

After “national security costs” insert:

or cause permanent plantings that exist on the commencement of this Act to be lost

Amendment No. 2–

Clause 3, page 3, after line 3 [clause 3(1)]—

Insert:

permanent plantings means any trees, bushes, vines or palms, maintained for the purpose of the production of food for human consumption, that yield more than 1 crop after planting if properly maintained;

M. LEHMAN, Clerk of the House of Assembly.

 

 

                 Ordered - That the Message be taken into consideration forthwith.

                 The President then left the Chair, and the Council resolved itself into a Committee of the Whole for the consideration of the Message.

 

In the Committee

 

                 Resolved - that the amendments be not insisted on.

_____________________

 

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

 

 

18.

Ordered - That the Council, at its rising, do adjourn until Tuesday, 11 November 2008.

 

Next Day of Sitting.

19.

Council adjourned at twenty two minutes past six o’clock until Tuesday, 11 November 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. 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. C. Zollo