LEGISLATIVE COUNCIL

 

OF

 

SOUTH AUSTRALIA

 

________________

 

 

STATISTICS

 

________________

 

 

FIRST AND SECOND SESSIONS OF THE
FIFTIETH PARLIAMENT

 

________________

 

 

5 March 2002
7 May 2002 to 31 July 2003

 

________________

 

 

 


TABLE OF CONTENTS
___________

 

 

Members of the Legislative Council

Officers of the Legislative Council

Committees

 

Standing Committees -

 

 

Environment, Resources and Development Committee
Legislative Review Committee
Social Development Committee
Statutory Authorities Review Committee
Occupational Safety, Rehabilitation and Compensation Committee
Statutory Officers Committee

 

Joint Committees -

 

 

Joint Parliamentary Service Committee
Joint Committee on a Code of Conduct for Members of Parliament
Joint Committee on Immunity from Prosecution for Certain Sexual Offences
Joint Committee on Impact of Dairy Deregulation on the Industry in South Australia

 

Sessional Committees -

 

 

Standing Orders Committee
Printing Committee

 

Select Committees -

 

 

Select Committee on Internet and Interactive Home Gambling and Gambling by other means of Telecommunication in South Australia
Select Committee on Pitjantjatjara Land Rights
Select Committee on Retail Trading Hours in South Australia
Select Committee on Shop Trading Hours (Miscellaneous) Amendment Bill 2002
Select Committee on Staffing, Resourcing and Efficiency of the South Australia Police

First Session of the Fiftieth Parliament

Second Session of the Fiftieth Parliament

List of Bills considered by Legislative Council

 

Total Number of Bills considered by Legislative Council
Total Number of Bills passed by both Houses
Bills considered by Legislative Council which have not passed both Houses

Sittings of Council

List of Bills passed by Legislative Council

 

Bills originated in Legislative Council
Bills originated in House of Assembly

List of Legislative Council Bills amended by Legislative Council and House of Assembly

List of House of Assembly Bills amended by Legislative Council

Substantive Motions and Resolutions

 

Address-in-Reply
Censure Motions
Condolence Motions
Government Motions
Motions on LC Select Committees
Motions on Joint Committees
Motions for Disallowance of Regulations, Rules and By-laws
Private Members Motions

Petitions

Synopsis of Legislation

 

 

 

 


MEMBERS OF THE LEGISLATIVE COUNCIL
___________

 

 

The Hon. Ronald Roy ROBERTS (President of the Legislative Council)

The Hon. Terry Gordon CAMERON, J.P.

The Hon. John Samuel Letts DAWKINS, A.D.F.M.

The Hon. Michael John ELLIOTT, B.Sc., Grad.Dip.T.  (Resigned 10 December 2002)

The Hon. Andrew Lee EVANS, O.A.M.

The Hon. Gail Elizabeth GAGO

The Hon. John Mario GAZZOLA

The Hon. Ian GILFILLAN

The Hon. Paul HOLLOWAY, B.Sc., B.E.(Hons.), B.Ec. (Minister for Agriculture, Food and Fisheries, Minister for Mineral Resources Development, Attorney-General, Minister for Justice)

The Hon. Sandra Myrtho KANCK, Dip.T.

The Hon. Diana Vivienne LAIDLAW, B.A.  (Resigned 6 June 2003)

The Hon. Robert David LAWSON, Q.C., R.F.D., B.A., LL.B.

The Hon. Jacqueline Michelle Ann LENSINK, B.App.Sc. (Physiotherapy), M.B.A.  (Elected 26 June 2003)

The Hon. Robert Ivan LUCAS, B.Sc., B.Ec., M.B.A. (Leader of the Opposition, Legislative Council)

The Hon. Angus John REDFORD, LL.B.

The Hon. Kathryn Joy REYNOLDS  (Elected 17 February 2003)

The Hon. David Wickham RIDGWAY

The Hon. Terance Gerald ROBERTS (Minister for Aboriginal Affairs and Reconciliation, Minister for Correctional Services, Minister Assisting the Minister for Environment and Conservation)

The Hon. Caroline Veronica SCHAEFER

The Hon. Robert Kenneth SNEATH

The Hon. Julian Ferdinand STEFANI, O.A.M.

The Hon. Terence John STEPHENS

The Hon. Nicholas XENOPHON, LL.B.

The Hon. Carmel ZOLLO

 

 

 

 


OFFICERS OF THE LEGISLATIVE COUNCIL
___________

 

 

PRESIDENT

 

The Hon. Ronald Roy ROBERTS

CLERK OF THE LEGISLATIVE COUNCIL

 

Mrs. Janice M. DAVIS, B.A.(Juris.)

DEPUTY CLERK AND USHER OF THE BLACK ROD

 

Mr. Trevor R. BLOWES, B.A.

CLERK-ASSISTANT

 

Mr. Christopher D. SCHWARZ, B.A.(Comm.), Grad.Dip.Soc.Sc. (Pol.Admin.)

PARLIAMENTARY OFFICER

 

Ms. Noeleen M. Ryan

 

 

 

 


COMMITTEES
___________

 

 

COMMITTEES APPOINTED UNDER
PARLIAMENTARY COMMITTEES ACT 1991
INCLUSIVE OF LEGISLATIVE COUNCIL MEMBERS
___________

 

 

ENVIRONMENT, RESOURCES AND DEVELOPMENT COMMITTEE

 

Appointed 7 May 2002

 

 

 

The Hon J M Gazzola MLC
*The Hon S M Kanck MLC
**The Hon D W Ridgway MLC

Ms L R Breuer MP
The Hon M Buckby MP
Mr R J McEwen MP

 

*Appointed 4 December 2002

**Appointed 9 July 2003

Committee Secretary:  Mr. P. Frensham

 

LEGISLATIVE REVIEW COMMITTEE

 

Appointed 7 May 2002

 

 

 

*The Hon J M Gazzola MLC
The Hon I Gilfillan MLC
The Hon A J Redford MLC

Mrs R K Geraghty MP
Mr K Hanna MP
The Hon D C Kotz MP

 

*Appointed 26 November 2002

Committee Secretary:  Mr. P. Blencowe, LL.B.

 

SOCIAL DEVELOPMENT COMMITTEE

 

Appointed 7 May 2002

 

 

 

The Hon T G Cameron MLC
The Hon G E Gago MLC
*The Hon JMA Lensink MLC

Ms F E Bedford MP
Mr G Scalzi MP
Mr J Snelling MP

 

Committee Secretary:  Ms. R. Schutte, B.A., Grad.Dip.Bus.Admin.

 

STATUTORY AUTHORITIES REVIEW COMMITTEE

 

Appointed 7 May 2002

 

 

 

The Hon A L Evans MLC
The Hon C V Schaefer MLC
The Hon R K Sneath MLC

 

The Hon T J Stephens MLC
The Hon N Xenophon MLC

Committee Secretary:  Mr. G. Hickery, B.Ec.

 

OCCUPATIONAL SAFETY, REHABILITATION AND COMPENSATION COMMITTEE

 

Appointed 7 May 2002

 

 

 

The Hon J M Gazzola  MLC
*The Hon I Gilfillan MLC
The Hon A J Redford MLC

Mr P Caica MP
Mr K Hanna MP
Mrs I M
Redmond MP

 

*Appointed 4 December 2002

Committee Secretary:  Mr. R. Crump, B.Sc.(Phys.Ed.), LL.B.

 

STATUTORY OFFICERS COMMITTEE

 

Appointed 7 May 2002

 

 

 

The Hon P Holloway MLC   (Minister for Agriculture, Food and Fisheries)
*The Hon I Gilfillan MLC
The Hon R D Lawson MLC

 

The Hon M J Atkinson MP
Dr D McFetridge MP
Mr J R Rau MP

Committee Secretary:  Mr. T. R. Blowes, B.A.

 

 

 

JOINT COMMITTEES
___________

 

 

JOINT PARLIAMENTARY SERVICE COMMITTEE

 

Appointed 7 May 2002

 

 

 

The President (The Hon R R Roberts MLC)
*The Hon JSL Dawkins MLC
The Hon C Zollo MLC

The Speaker (The Hon I P Lewis MP)
Mrs R K Geraghty MP
Mr M R Williams MP

 

 

JOINT COMMITTEE ON A CODE OF CONDUCT FOR MEMBERS OF PARLIAMENT

 

Appointed 16-17 July 2003

 

 

 

The Hon J M Gazzola MLC
The Hon R D Lawson MLC
The Hon N Xenophon MLC

Ms V A Chapman MP
Mr J R Rau MP
The Hon R B Such MP

 

 

JOINT COMMITTEE ON IMMUNITY FROM PROSECUTION FOR CERTAIN SEXUAL OFFENCES

 

Appointed 29 August 2002

 

 

 

The Hon A L Evans MLC
The Hon G E Gago MLC
The Hon R D Lawson MLC

Mr J R Rau MP
Mr G Scalzi MP
Ms M G Thompson MP

 

Reported 28 May 2003

 

JOINT COMMITTEE ON IMPACT OF DAIRY DEREGULATION ON THE INDUSTRY IN SOUTH AUSTRALIA

 

Appointed 17 July 2002

 

 

 

The Hon JSL Dawkins MLC
The Hon I Gilfillan MLC
The Hon R K Sneath MLC

Mr T Koutsantonis MP
The Hon R J McEwen MP
Dr D McFetridge MP

 

Reported 12 May 2003

 

 

 

SESSIONAL COMMITTEES
___________

 

 

STANDING ORDERS COMMITTEE

 

Appointed 7 May 2002

 

 

 

The President (The Hon R R Roberts MLC)
The Hon P Holloway MLC  (Minister for
Agriculture, Food and Fisheries)

The Hon R D Lawson MLC
The Hon R I Lucas MLC
The Hon C Zollo MLC

 

 

PRINTING COMMITTEE

 

Appointed 7 May 2002

 

 

 

The Hon G E Gago MLC
The Hon J M Gazzola MLC
*The Hon JMS Lensink MLC

 

The Hon R K Sneath MLC
The Hon T J Stephens MLC

*Appointed 9 July 2003

 

 

 

SELECT COMMITTEES
___________

 

 

INTERNET AND INTERACTIVE HOME GAMBLING AND GAMBLING BY OTHER MEANS OF TELECOMMUNICATIONS IN SOUTH AUSTRALIA

 

Appointed 15 May 2002

 

 

 

The Hon P Holloway MLC (Minister for
Agriculture, Food and Fisheries)
The Hon J M Gazzola MLC

The Hon R I Lucas MLC
The Hon A J Redford MLC
The Hon N Xenophon MLC

 

 

PITJANTJATJARA LAND RIGHTS

 

Appointed 29 August 2002

 

 

 

The Hon T G Roberts MLC  (Minister for
Aboriginal Affairs and Reconciliation

The Hon J M Gazzola MLC
The Hon S M Kanck MLC

 

The Hon R D Lawson MLC
The Hon C V Schaefer MLC
The Hon N Xenophon MLC

 

RETAIL TRADING HOURS IN SOUTH AUSTRALIA

 

Appointed 29 August 2002

 

 

 

The Hon T G Roberts MLC  (Minister for
Aboriginal Affairs and Reconciliation)
The Hon M J Elliott MLC
The Hon I Gilfillan MLC

 

The Hon A J Redford MLC
The Hon T J Stephens MLC
The Hon C Zollo

 

SHOP TRADING HOURS (MISCELLANEOUS) AMENDMENT BILL 2002

 

Appointed 29 August 2002

 

 

 

The Hon T G Roberts MLC  (Minister for
Aboriginal Affairs and Reconciliation)
The Hon M J Elliott MLC

The Hon R D Lawson MLC
The Hon T J Stephens MLC
The Hon C Zollo

 

Reported 23 October 2002

 

STAFFING, RESOURCING AND EFFICIENCY OF THE SOUTH AUSTRALIA POLICE

 

Appointed 2 April 2003

 

 

 

The Hon JSL Dawkins MLC
The Hon G E Gago MLC
The Hon I Gilfillan MLC

 

The Hon R D Lawson MLC
The Hon R K Sneath MLC

 

 

 

 


FIRST SESSION OF THE
FIFTIETH PARLIAMENT

___________

 

 

SITTING OF COUNCIL

The Council met on 1day for 5 hours 55 minutes.
___________

 

 

SUBSTANTIVE MOTIONS AND RESOLUTIONS

 

CONDOLENCE MOTIONS -

 

Death of Ms Catherine Brownbill, former Member of the House of Representatives for the electorate of Kingston -

 

 

Motion of regret moved by the Treasurer and carried in silence, 5 March 2003.

 

Death of The Hon L R Hart -

 

 

Motion of regret moved by the Treasurer and carried in silence, 5 March 2003.

 

Death of Mr R Jacobi, former Member of the House of Representatives for the electorate of Hawker -

 

 

Motion of regret moved by the Treasurer and carried in silence, 5 March 2003.

 

GOVERNMENT MOTION -

 

Expression of Thanks to former Members -

 

 

Moved by the Treasurer and agreed to, 5 March 2003.

___________

 

 

 

 

 


SECOND SESSION OF THE
FIFTIETH PARLIAMENT

___________

 

 

LIST OF BILLS CONSIDERED BY
LEGISLATIVE COUNCIL

___________

 

 

TOTAL NUMBER OF BILLS CONSIDERED BY LEGISLATIVE COUNCIL

 

 

 

 

Legislative Council origin

48

 

House of Assembly origin

  78

 

 

 

 

 

126

 

TOTAL NUMBER OF BILLS PASSED BY BOTH HOUSES

 

 

 

 

Legislative Council origin

14

 

House of Assembly origin

  72

 

 

 

 

 

86

 

BILLS CONSIDERED BY COUNCIL WHICH HAVE NOT PASSED BOTH HOUSES

 

 

 

Legislative Council origin:

 

City of Adelaide (Abolition of Capital City Committee) Amendment - lapsed in Council.
City of
Adelaide (Development Within Parklands) Amendment - lapsed in Council.
Cooper Basin (Ratification) Amendment - lapsed in Council.
Criminal Law Consolidation (Abolition of Time Limit for Prosecution of Certain Sexual Offences) Amendment - withdrawn in Council.
Criminal Law (Sentencing) (Failure to Vote) Amendment - lapsed in Council.
Dignity in Dying - lapsed in Council.
Dried Fruits Repeal - lapsed in Council.
Environment Protection (Plastic Shopping Bags) Amendment - lapsed in Council.
Gaming Machines (Extension of Freeze) Amendment - lapsed in Council.
Gaming Machines (Limitation on Exception to Freeze) Amendment - lapsed in Council.
Gene Technology (Responsibility for the Spread of Genetically Modified Plant Material) - lapsed in Council.
Gene Technology (Temporary Prohibition) - negatived in Council.
Interstate Agreements - lapsed in Council.
Local Government (
Lochiel Park) Amendment - lapsed in Council.
Members of Parliament (Register of Interests) (Overseas Travel) Amendment - lapsed in Council.
Motor Vehicles (Roadworthiness Inspection Scheme) Amendment - lapsed in Council.
National Parks and Wildlife (
Yumbarra Conservation Park) Amendment - lapsed in Council.
Nuclear Waste Storage Facility (Prohibition) (Referendum) (No. 2) Amendment - lapsed in Council.
Parliamentary Entitlements - lapsed in Council.
Public Park - negatived in Council.
Retail and Commercial Leases (Trading Hours) Amendment - withdrawn in Council.
State Lotteries (Minors) Amendment - lapsed in Council.
State Supply (Procurement of Software) Amendment - lapsed in Council.
Statutes Amendment (Gaming Machine Regulation - Alcohol) - lapsed in Council.
Statutes Amendment (Gaming Machine Regulation - Betting Rate) - lapsed in Council.
Statutes Amendment (Mining) - lapsed in House of Assembly.
Statutes Amendment (
Renaissance Tower - Gaming and Liquor Licences) - lapsed in House of Assembly.
Statutes Amendment (Road Safety Initiatives) - lapsed in Council.
Statutes Amendment (Road Safety Initiatives No. 2) - lapsed in Council.
Summary Offences (Loitering) Amendment - lapsed in Council.
Tobacco Products Regulation (Smoking in the Casino and Gaming Venues) Amendment - lapsed in Council.
Veterinary Practice - lapsed in House of Assembly.
Victims of Crime (Statutory Compensation for Victims of Certain Sexual Offences) Amendment - lapsed in Council.
Victoria Square (Continuation of East-West Traffic Arrangements) - lapsed in Council.

 

 

 

House of Assembly origin:

 

Freedom of Information (Miscellaneous) Amendment - lapsed in House of Assembly.
Health and Community Services Complaints - lapsed in Council.
Public Finance and Audit (Honesty and Accountability in Government) Amendment - lapsed in Council.
Shop Trading Hours (Miscellaneous) Amendment - negatived in Council.
Summary Offences (Tattooing and Piercing) Amendment - lapsed in Council.
University of Adelaide (Miscellaneous) Amendment - lapsed in Council.

 

 

 

SITTINGS OF COUNCIL
___________

 

 

The Council met on 91 days and sat for a total number of 501 hours 58 minutes.

 

 

 

 


LIST OF BILLS WHICH PASSED BOTH
HOUSES OF PARLIAMENT

___________

 

 

ORIGINATED IN THE LEGISLATIVE COUNCIL

 

Bill No.

Act No.

Aboriginal Lands Parliamentary Standing Committee

110

24 of 2003

Agricultural and Veterinary Chemicals (South Australia) (Administrative Actions) Amendment


6


3 of 2002

Agricultural and Veterinary Products (Control of Use)

9

9 of 2002

Chicken Meat Industry

76, 76A

26 of 2003

Constitution (Casual Vacancies and Gender Neutral Language) Amendment


87


6 of 2003

Criminal Law Consolidation (Abolition of Time Limit for Prosecution of Certain Sexual Offences) Amendment


109


14 of 2003

Fisheries (Contravention of Corresponding Laws) Amendment

16

10 of 2002

Fisheries (Validation of Administrative Acts)

22

11 of 2002

Mining (Miscellaneous) Amendment

88, 88A

12 of 2003

Nuclear Waste Storage Facility (Prohibition) (Miscellaneous) Amendment

114, 114A

22 of 2003

Parliamentary Committees (Presiding Members) Amendment

1

27 of 2002

Seeds Act Repeal

7

4 of 2002

Summary Procedure (Classification of Offences) Amendment

118

25 of 2003

Upper South East Dryland Salinity and Flood Management

65, 65A

48 of 2002

 

ORIGINATED IN THE HOUSE OF ASSEMBLY

 

Bill No.

Act No.

Air Transport (Route Licensing - Passenger Services)

33

13 of 2002

Appropriation

26

18 of 2002

Appropriation

117

27 of 2003

Child Protection Review (Powers and Immunities)

25, 25A

6 of 2002

Classification (Publications, Films and Computer Games) (On-Line Services) Amendment


47


30 of 2002

Constitution (Ministerial Offices) Amendment

70

40 of 2002

Constitution (Parliamentary Secretaries) Amendment

45

29 of 2002

Controlled Substances (Cannabis) Amendment

75

47 of 2002

Co-operatives (Miscellaneous) Amendment

34

25 of 2002

Coroners

97, 97A

33 of 2003

Criminal Law Consolidation (Offences of Dishonesty) Amendment

40

26 of 2002

Criminal Law Consolidation (Self Defence) Amendment

101, 101A

28 of 2003

Criminal Law Consolidation (Territorial Application of the Criminal Law) Amendment


41


28 of 2002

Criminal Law (Forensic Procedures) (Miscellaneous) Amendment

69, 69A

49 of 2002

Criminal Law (Sentencing) (Sentencing Guidelines) Amendment

46, 46A

29 of 2003

Criminal Law (Sentencing) (Serious Repeat Offenders) Amendment

100

23 of 2003

Education (Charges) Amendment

71, 71A

45 of 2002

Education (Compulsory Education Age) Amendment

14, 14A

7 of 2002

Electricity (Miscellaneous) Amendment

28, 28A

19 of 2002

Electricity (Pricing Order) Amendment

86

2 of 2003

Essential Services Commission

27

14 of 2002

Gaming Machines (Extension of Freeze on Gaming Machines) Amendment

99

5 of 2003

Gaming Machines (Gaming Tax) Amendment

49, 49A

31 of 2002

Gaming Machines (Limitation on Exception to Freeze) Amendment

24

5 of 2002

Gaming Machines (Roosters Club Incorporated Licence) Amendment

103, 103A

7 of 2003

Gas Pipelines Access (South Australia) (Reviews) Amendment

37

22 of 2002

Holidays (Adelaide Cup and Volunteers Day) Amendment

60, 60A

41 of 2002

Law Reform (Delay in Resolution of Personal Injury Claims)

42

38 of 2002

Legal Practitioners (Insurance) Amendment

113

16 of 2003

Legal Services Commission (Miscellaneous) Amendment

39

23 of 2002

Legislation Revision and Publication

54, 54A

32 of 2002

Liquor Licensing (Miscellaneous) Amendment

21

2 of 2002

Local Government (Access to Meetings and Documents) Amendment

74

46 of 2002

National Wine Centre (Restructuring and Leasing Arrangements)

20

8 of 2002

National Wine Centre (Restructuring and Leasing Arrangements) (University of Adelaide) Amendment


121


30 of 2003

Native Vegetation (Miscellaneous) Amendment

51, 51A

44 of 2002

Nuclear Waste Storage Facility (Prohibition) (Referendum)

19, 19A

1 of 2003

Nurses (Nurses Board Vacancies) Amendment

112

20 of 2003

Ombudsman (Honesty and Accountability in Government) Amendment

44, 44A

36 of 2002

Parliamentary Remuneration (Powers of Remuneration Tribunal) Amendment


125


34 of 2003

Prices (Prohibition on Return of Unsold Bread) Amendment

32

12 of 2002

Prohibition of Human Cloning

92

17 of 2003

Recreational Services (Limitation of Liability)

29, 29A

20 of 2002

Research Involving Human Embryos

93

18 of 2003

River Murray

90, 90A

35 of 2003

Shop Trading Hours (Miscellaneous) Amendment

104, 104A

19 of 2003

South Australian Metropolitan Fire Service (Fire Prevention) Amendment

66

42 of 2002

Stamp Duties (Gaming Machine Surcharge) Amendment

50, 50A

39 of 2002

Stamp Duties (Rental Business and Conveyance Rates) Amendment

35

15 of 2002

Stamp Duties (Rental and Mortgage Duty) Amendment

119

31 of 2003

Statutes Amendment (Attorney-General’s Portfolio)

56

33 of 2002

Statutes Amendment (Bushfires)

53

24 of 2002

Statutes Amendment (Corporations - Financial Services Reform)

59

34 of 2002

Statutes Amendment (Environment Protection)

62

43 of 2002

Statutes Amendment (Equal Superannuation Entitlements for Same Sex Couples)


58, 58A


13 of 2003

Statutes Amendment (Gas and Electricity)

96

9 of 2003

Statutes Amendment (Honesty and Accountability in Government)

48, 48A

36 of 2003

Statutes Amendment (Notification of Superannuation Entitlements)

107

21 of 2003

Statutes Amendment and Repeal (National Competition Policy)

94

4 of 2003

Statutes Amendment (Road Safety Reforms)

72, 72A

8 of 2003

Statutes Amendment (Stamp Duties and Other Measures)

55

35 of 2002

Statutes Amendment (Structured Settlements)

30

16 of 2002

Statutes Amendment (Third Party Bodily Injury Insurance)

36

17 of 2002

Statutes Amendment (Transport Portfolio)

57

37 of 2002

Statutes Amendment (Water Conservation Practices)

108, 108A

15 of 2003

Supply

11

1 of 2002

Supply

102

11 of 2003

Terrorism (Commonwealth Powers)

73, 73A

50 of 2002

Training and Skills Development

68, 68A

10 of 2003

Water Resources (Miscellaneous) Amendment

84

3 of 2003

Waterworks (Save the River Murray Levy) Amendment

120, 120a

32 of 2003

Wrongs (Liability and Damages for Personal Injury) Amendment

31, 31A

21 of 2002

 

 

 

 


LIST OF LEGISLATIVE COUNCIL BILLS
AMENDED BY LC AND HA

___________

 

 


Title of Bill

No. of
Amendments
made by
L.C.

No. of
Amendments
made by
by H.A.

No. of
Amendments
agreed to by
L.C.

No. of
Amendments
disagreed to
by L.C.

No. of
Amendments
not insisted
on by H.A.

No. of
Amendments
insisted on by
H.A.

Conference/
Resolution

Chicken Meat Industry

45

-

-

-

-

-

-

Constitution (Casual Vacancies and Gender Neutral Language) Amendment

-

3

3

-

-

-

-

Nuclear Waste Storage Facility (Prohibition) (Miscellaneous) Amendment

9

-

-

-

-

-

-

Statutes Amendment (Mining)

1

-

-

-

-

-

Lapsed
in HA

Upper South East Dryland Salinity and Flod Management

15

-

-

-

-

-

-

Veterinary Practice

17

-

-

-

-

-

Lapsed
in HA

 

 

 

 


LIST OF HOUSE OF ASSEMBLY BILLS
AMENDED BY LEGISLATIVE COUNCIL

___________

 

 


Title of Bill

No. of
Amendments
made by
L.C.

No. of
Amendments
agreed to by
by H.A.

No. of
Amendments
disagreed to
by H.A.

No. of
Amendments
not insisted
on by L.C.

No. of
Amendments
insisted on
by L.C.

Conference/
Resolution

Child Protection Review (Powers and Immunities)

1

1

-

-

-

-

Coroners

2

1

1 with
alternative
amendment

1 with
alternative
amendment

-

-

Criminal Law Consolidation (Self Defence) Amendment

2

2

-

-

-

-

Criminal Law (Forensic Procedures) (Miscellaneous) Amendment

12

12

-

-

-

-

Criminal Law (Sentencing) (Sentencing Guidelines) Amendment

4

-

4

-

4

Conference -
Agreement
reached.

Education (Charges) Amendment

1

1

-

-

-

-

Education (Compulsory Education Age) Amendment

1

1

-

-

-

-

Electricity (Miscellaneous) Amendment

4

4

-

-

-

-

Freedom of Information (Miscellaneous) Amendment

16

-

16

-

16

Lapsed
in H.A.

Gaming Machines (Gaming Tax) Amendment

2 suggested

2 suggested

-

-

-

-

Gaming Machines (Roosters Club Incorporated Licence) Amendment

2

-

2

2

-

-

Holidays (Adelaide Cup and Volunteers Day)

1

1

-

-

-

-

Legislation Revision and Publication

1

1

-

-

-

-

Native Vegetation (Miscellaneous) Amendment

13

13

-

-

-

-

Nuclear Waste Storage Facility (Prohibition)

3

3

-

-

-

-

Ombudsman (Honesty and Accountability in Government) Amendment

2

2

-

-

-

-

Recreational Services (Limitation of Liability)

8

8

-

-

-

-

River Murray

24

16

8

8
2 alternative amendments
made by LC
and agreed to
by HA.

-

-

Shop Trading Hours (Miscellaneous) Amendment

8

-

8

8

-

-

Stamp Duties (Gaming Machine Surcharge) Amendment

3 suggested

3 suggested

-

-

-

-

Statutes Amendment (Equal Superannuation Entitlements for Same Sex Couples)

8

8

-

-

-

-

Statutes Amendment (Honesty and Accountability in Government)

13

11

2

1
Disagreement
not insisted
on by HA.

1

Agreement.

Statutes Amendment (Road Safety Reforms)

35

27

8

-

8

Conference -
Agreement
reached.

Statutes Amendment (Water Conservation Practices)

2

2

-

-

-

-

Terrorism (Commonwealth Powers)

1

1

-

-

-

-

Training and Skills Development

1

1

-

-

-

-

Waterworks (Save the River Murray Levy) Amendment

2 suggested

2 suggested

-

-

-

-

Wrongs (Liability and Damages for Personal Injury) Amendment

1

1

-

-

-

-

 

 

 

 


SUBSTANTIVE MOTIONS AND RESOLUTIONS
___________

 

 

Only substantive motions are listed below and do not include procedural or formal motions.

 

ADDRESS-IN-REPLY - motion for adoption of -

 

Moved by The Hon G E Gago, 8 May 2002.
Seconded by The Hon J M Gazzola,
8 May 2002.
Adopted and presented to His Excellency The Governor on
28 May 2002.

 

CENSURE MOTIONS -

 

Re Minister for Agriculture, Food and Fisheries concerning his ineptitude in handling the Prohibition on Professional Fishing in the River Murray -

 

 

Moved by The Hon C V Schaefer, 19 February 2003 and agreed to 9 July 2003.

 

Re Treasurer -

 

 

Moved by The Hon R I Lucas, 15 May 2002.  (Motion lapsed due to Prorogation.)

 

CONDOLENCE MOTIONS -

 

Death of The Hon T Crothers -

 

 

Motion of regret moved by the Minister for Agriculture, Food and Fisheries and carried in silence, 16 July 2002.

 

Bali Terrorist Bombings -

 

 

Motion of horror moved by the Minister for Agriculture, Food and Fisheries and carried in silence, 14 October 2002.

 

Death of Dr Margaret Julia Tobin -

 

 

Motion of regret moved by the Minister for Agriculture, Food and Fisheries and carried in silence, 15 October 2002.

 

Death of Sir Walter Crocker -

 

 

Motion of regret moved by the Minister for Agriculture, Food and Fisheries and carried in silence, 18 November 2002.

 

Death of former Senator Gordon Davidson -

 

 

Motion of regret moved by the Minister for Agriculture, Food and Fisheries and carried in silence, 28 November 2002.

 

Death of The Hon C M Hill -

 

 

Motion of regret moved by the Minister for Agriculture, Food and Fisheries and carried in silence, 26 March 2003.

 

GOVERNMENT MOTIONS -

 

Citizen’s Right of Reply -

 

 

Moved by the Minister for Agriculture, Food and Fisheries and agreed to, 8 May 2002.

 

Industrial and Employee Relations Act 1994 - Appointment of The Hon R K Sneath to consulting panel -

 

 

Moved by the Minister of Aboriginal Affairs and Reconciliation and agreed to, 10 July 2003.

 

Iraq - International Crisis - Threat of War in the Middle East -

 

 

Moved by the Minister of Agriculture, Food and Fisheries and agreed to, 19 February 2003.

 

Lleyton Hewitt’s Success at Wimbledon -

 

 

Moved by the Minister for Agriculture, Food and Fisheries and agreed to, 8 July 2002.

 

Monday Sittings -

 

 

Moved by the Minister for Agriculture, Food and Fisheries and agreed to, 8 May 2002.

 

National Parks and Wildlife Act - Governor to make Proclamation - Flinders Chase National Park -

 

 

Moved by the Minister for Aboriginal Affairs and Reconciliation, 26 November 2002 and agreed to 27 November 2002.

 

National Parks and Wildlife Act - Governor to make Proclamation - Gammon Ranges National Park -

 

 

Moved by the Minister for Aboriginal Affairs and Reconciliation, 8 July 2002; Order of the Day discharged, 11 July 2002.

 

National Parks and Wildlife Act - Governor to make Proclamation - Lashmar Conservation Park -

 

 

Moved by the Minister for Aboriginal Affairs and Reconciliation, 2 December 2002 and agreed to 4 December 2002.

 

National Parks and Wildlife Act - Governor to make Proclamation - Seal Bay Conservation Park -

 

 

Moved by the Minister for Aboriginal Affairs and Reconciliation, 2 December 2002 and agreed to 4 December 2002.

 

National Parks and Wildlife Act - Governor to make Proclamation - Vivonne Bay Conservation Park -

 

 

Moved by the Minister for Aboriginal Affairs and Reconciliation, 2 December 2002 and agreed to 4 December 2002.

 

West Beach Recreation Reserve Act 1987 - West Beach Trust Granting Lease or Licence within Reserve for term up to 50 years -

 

 

Moved by the Minister for Aboriginal Affairs and Reconciliation, 20 November 2002 and agreed to 4 December 2002.

 

SELECT COMMITTEES - COUNCIL -

 

Internet and Interactive Home Gambling and Gambling by other means of Telecommunication in South Australia -

 

 

Moved by the The Hon N Xenophon, 8 May 2002, amendments moved by The Hon C Zollo, amendments agreed to, motion as amended agreed to, 15 May 2002.

 

 

Extension of time for bringing up Report moved by the Minister for Agriculture, Food and Fisheriees and agreed to, 16 October, 20 November 2002, 19 February 2003, 16 July 2003.

 

 

Third Interim Report brought up - 13 May 2003.

 

 

Third Interim Report noted, moved by the Minister for Agriculture, Food and Fisheries - 14 May 2003 and agreed to 16 July 2003.

 

Pitjantjatjara Land Rights

 

 

Moved by the The Hon R D Lawson, 21 August 2002, amendment moved by the Minister for Aboriginal Affairs and Reconciliation, amendment agreed to, motion as amended agreed to, 29 August 2002.

 

 

Instruction re quorum - moved by the Minister for Aboriginal Affairs and Reconciliation and agreed to, 27  November 2002.

 

 

Extension of time for bringing up Report - moved by the Minister for Aboriginal Affairs and Reconciliation and agreed to, 16 October, 20 November 2002, 19 February, 16 July 2003.

 

Retail Trading Hours -

 

 

Moved by the The Hon M J Elliott, amendments moved by The Hon J. F. Stefani and The Hon A L Evans, amendments agreed to, motion as amended agreed to, 29 August 2002.

 

 

Substitution, by motion, of Member of Select Committee - moved by the Minister for Aboriginal Affairs and Reconciliation and agreed to, 27 November 2002.

 

 

Interim Report brought up, 2 June 2003.

 

 

Final Report brought up, 8 July 2003.

 

 

Final Report noted - moved by the Minister for Aboriginal Affairs and Reconciliation and agreed to, 9 July 2003.

 

Shop Trading Hours (Miscellaneous) Amendment Bill -

 

 

Appointed, 29 August 2002.

 

 

Interim Report brought up, 16 October 2002.

 

 

Interim Report noted - moved by the Minister for Aboriginal Affairs and Reconciliation and agreed to, 16 October 2002.

 

 

Final Report brought up, 23 October 2002.

 

South Australian Police (SAPOL) - Resourcing and Structure -

 

 

Moved by the The Hon I Gilfillan, 26 March 2003, amendment moved by The Hon S M Kanck, amendment agreed to, motion as amended agreed to, 2 April 2003.

 

 

Extension of time for bringing up Report moved by The Hon R K Sneath and agreed to, 16 July 2003.

 

COMMITTEES - JOINT -

 

Code of Conduct for Members of Parliament -

 

 

Message No. 124 from House of Assembly - Motion of the Minister for Agriculture, Food and Fisheries - That the Resolution be agreed to - moved and agreed to, 16 July 2003.

 

 

Message No. 118 to the House of Assembly, 16 July 2003.

 

 

Message No. 139 from the House of Assembly notifying appointment of Members, 17 July 2003.

 

 

Power to sit during recess - moved by the Minister for Agriculture, Food and Fisheries and agreed to, 17 July 2003.

 

Immunity from Prosecution for Certain Sexual Offences -

 

 

Moved by the Minister for Agriculture, Food and Fisheries and agreed to, 29 August 2002.

 

 

Message No. 31 to House of Assembly, 29 August 2002.

 

 

Message No. 51 from House of Assembly concurring with Resolution.

 

 

Appointment of Council Members - moved by the Minister for Agriculture, Food and Fisheries and agreed to, 29 August 2002.

 

 

Report brought up, 28 May 2003.

 

Impact of Dairy Deregulation on the Industry in South Australia -

 

 

Moved by The Hon I Gilfillan, 8 May 2002, amendment moved by The Hon C V Schaefer and agreed to, motion as amended agreed to, 5 June 2002.

 

 

Message No. 12 to House of Assembly, 5 June 2002.

 

 

Message No. 16 from House of Assembly concurring with Resolution, 17 July 2002.

 

 

Appointment of Council Members - moved by The Hon I Gilfillan and agreed to, 17 July 2002.

 

 

Final Report brought up, 13 May 2003.

 

 

Final Report noted, moved by The Hon I Gilfillan, 14 May 2003 and agreed to, 28 May 2003.

 

MOTIONS FOR DISALLOWANCE OF REGULATIONS, RULES AND BY-LAWS -

 

Moved by Member on own behalf -

 

 

Criminal Injuries Compensation Act - Scale of Costs -
Moved by The Hon N Xenophon.  (Motion lapsed due to Prorogation.)

 

 

Fisheries Act - Fishing Activities -
Moved by The Hon C V Schaefer,
10 July 2002 and agreed to, 29 August 2002.

 

Moved by Member on behalf of Legislative Review Committee -

 

 

Criminal Injuries Compensation Act - Scale of Costs -
Moved by The Hon J M Gazzola and agreed to,
16 July 2003.

 

 

Criminal Law (Forensic Procedures) Act - Qualified Persons Fees -
Moved by The Hon J M Gazzola and agreed to,
16 July 2003.

 

 

District Council of Clare and Gilbert Valleys - By-Law No. 3 - Council Land -
Moved by The Hon J M Gazzola,
28 May 2003, Order of the Day discharged, 16 July 2003.

 

 

District Council of Coober Pedy - By-Law No. 3 - Local Government Land -
Moved by The Hon J M Gazzola and agreed to,
14 May 2003.

 

 

District Council of Coober Pedy - By-Law No. 4 - Roads -
Moved by The Hon J M Gazzola and agreed to,
14 May 2003.

 

 

Freedom of Information Act - Essential Services Commission -
Moved by The Hon J M Gazzola and agreed to,
16 July 2003.

 

 

Listening and Surveillance Devices Act - Records and Warrants -
Moved by The Hon J M Gazzola and agreed to,
16 July 2003.

 

 

Victims of Crime Act - Application Costs and Levy -
Moved by The Hon J M Gazzola and agreed to,
16 July 2003.

 

 

Workers Rehabilitation and Compensation Act - Tribunal Rules 2001 -
Moved by The Hon J M Gazzola and agreed to,
26 March 2003.

 

PRIVATE MEMBERS' MOTIONS -

 

ABC’s Four Corners Report entitled “Expert Witness” - Matters and Allegations raised -

 

 

Moved by The Hon N Xenophon, 10 July 2002.  (Motion lapsed due to Prorogation.).

 

Bali Terrorist Bombings -

 

 

See Condolence Motions.

 

Child Sexual Abuse Allegations within Church Organisations in South Australia -

 

 

Moved by The Hon K J Reynolds, 28 May 2003.  (Motion lapsed due to Prorogation.)

 

Electoral Districts Boundaries Commission Proceedings - Deferment of -

 

 

Moved by The Hon R D Lawson, 6 June 2002, Order of the Day discharged, 28 May 2003.

 

Emergency Services Administrative Unit -

 

 

Moved by The Hon I Gilfillan, 17 July 2002 and disagreed to, 27 November 2002.

 

Environment, Resources and Development Committee - Annual Report - Noting of -

 

 

Moved by The Hon J M Gazzola, 21 August 2002 and agreed to, 28 August 2002.

 

Environment, Resources and Development Committee - Report on Hills Face Zone - Noting of -

 

 

Moved by The Hon J M Gazzola, 21 August 2002 and agreed to 13 November 2002.

 

Environment, Resources and Development Committee - Report on Urban Growth Boundary, Noting of -

 

 

Moved by The Hon J M Gazzola, 28 May 2003 and agreed to, 9 July 2003.

 

Evidence Act 1929 - Operation of section 69A - Legislative Review Committee to inquire into -

 

 

Moved by The Hon N Xenophon, 10 July 2002 and agreed to, 22 August 2002.

 

Food for the Future and State Food Plan Success -

 

 

Moved by The Hon C V Schaefer, 15 May 2002 and agreed to, 30 May 2002.

 

Freedom of Information Legislation - Parliamentary Privilege -

 

 

Moved by The Hon R I Lucas, 28 May 2003.  (Motion lapsed due to Prorogation.)

 

Hon Kate Reynolds - Council welcomes -

 

 

Moved by The Hon S M Kanck and agreed to, 26 March 2003.

 

Housing Trust of South Australia - Policies and Practices - Statutory Authorities Review Committee to inquire into -

 

 

Moved by The Hon N Xenophon, 15 May 2002, amendments moved by The Hon R K Sneath, 5 June 2002, amendments disagreed to, motion agreed to, 22 August 2002.

 

Independence of East Timor -

 

 

Moved by The Hon S M Kanck, 14 May 2002, and agreed to 15 May 2002.  Message No. 9 to House of Assembly.  (Lapsed in House of Assembly due to Prorogation).

 

Independent Gambling Authority - Performance of -

 

 

Moved by The Hon A J Redford, 14 May 2003 and agreed to, 16 July 2003.

 

Iraq - Australian Military Involvement -

 

 

Moved by The Hon S M KancK, 26 March 2003.  (Motion lapsed due to Prorogation).

 

John Cahill - Induction of, into Australian Football Hall of Fame -

 

 

Moved by The Hon R K Sneath, 5 June 2002 and agreed to, 10 July 2002.

 

Kasey Chambers - Success of -

 

 

Moved by The Hon R D Lawson, by leave, at the request and on behalf of The Hon D V Laidlaw, 5 June 2002 and agreed to, 10 July 2002.

 

Law Reform Institute - Establishment of -

 

 

Moved by The Hon I Gilfillan, 19 February 2003, amendment moved by The Hon R D Lawson and agreed to, 9 July 2003.

 

Legislative Review Committee - Report on Regulations under the Fisheries Act -Giant Crabs -

 

 

Moved by The Hon J M Gazzola, 9 July 2003.  (Motion lapsed due to Prorogation).

 

Legislative Review Committee - Report on Regulations under the Passenger Transport Act -

 

 

Moved by The Hon C Zollo and agreed to, 27 November 2002.

 

McLeod’s Daughters - Third Series -

 

 

Moved by The Hon R D Lawson, by leave, at the request and on behalf of The Hon D V Laidlaw, 5 June 2002 and agreed to, 10 July 2002.

 

Member for Hammond - Injurious Comments by -

 

 

Moved by The Hon D V Laidlaw, 28 May 2003, amendment moved by The Hon J F Stefani, 28 May 2003, amendment to the amendment moved by The Hon R I Lucas and agreed to, motion as amended by The Hon J F Stefani and The Hon R I Lucas agreed to, 4 June 2003.

 

Mid-Year Budget Review 2001-2002 and Budget Update 2001-2002 be noted -

 

 

Moved by The Hon R I Lucas, 8 May 2002.  (Motion lapsed due to Prorogation).

 

Minister for the Environment, The Hon J D Hill - Failure to read Documents and Misleading Statements to Parliament -

 

 

Moved by The Hon R I Lucas, 2 April 2003.  (Motion lapsed due to Prorogation).

 

Multiple Chemical Sensitivity - Select Committee to Report on -

 

 

Moved by The Hon S M Kanck, 13 November 2002, amendment moved by The Hon D W. Ridgway, 5 December 2002, Order of the Day discharged, 14 May 2003.

 

Multiple Chemical Sensitivity - Social Development Committee to inquire into -

 

 

Moved by The Hon S M Kanck, 14 May 2003 and agreed to, 9 July 2003.

 

National Parks and Wildlife Act - Governor to make Proclamation - Flinders Chase National Park -

 

 

Moved by The Hon A J Redford, 13 November 2002 and Order of the Day discharged, 4 December 2002.

 

National Parks and Wildlife Act - Governor to make Proclamation - Gammon Ranges National Park -

 

 

Moved by The Hon A J Redford, 8 July 2002, and agreed to, 10 July 2002.

 

Occupational Safety, Rehabilitation and Compensation Committee - Report, 2002-2003 -

 

 

Moved by The Hon J M Gazzola and agreed to, 16 July 2003.

 

Occupational Safety, Rehabilitation and Compensation Committee - Report on the Statements Amendment (WorkCover Governance Reform) Bill -

 

 

Moved by The Hon J M Gazzola and agreed to 16 July 2003.

 

Parliamentary Estimates Committee - Answers -

 

 

Moved by The Hon R I Lucas, 19 February 2003, and agreed to, 17 July 2003.

 

Passenger Transport Board - Statutory Authorities Review Committee to inquire into -

 

 

Moved by The Hon D V Laidlaw, 8 May 2002 and agreed to, 5 June 2002.

 

President to be member of Member’s Steering Committee for Constitutional Convention -

 

 

Moved by The Hon N Xenophon and agreed to, 22 August 2002.

 

Secrecy by Senior Members of the Rann Government concerning Allegations of Corruption and Bribery -

 

 

Moved by The Hon R I Lucas, 9 July 2003 and agreed to, 16 July 2003.

 

Social Development Committee - Poverty Report, Noting of -

 

 

Moved by The Hon G E Gago, 14 May 2003 and agreed to, 16 July 2003.

 

South Australian Lawn Bowlers at Commonwealth Games -

 

 

Moved by The Hon R K Sneath, 29 May 2002 and agreed to, 10 July 2002.

 

South Australian Rural Youth Movement - 50th Anniversary of -

 

 

Moved by The Hon D W Ridgway, 17 July 2002 and agreed to, 18 July 2002.

 

Speed Cameras in South Australia - Select Committee to Report on -

 

 

Moved by The Hon T G Cameron, 17 July 2002.  (Motion lapsed due to Prorogation.)

 

State Government Appointments, recent -

 

 

Moved by The Hon R I Lucas, 26 March 2003.  (Motion lapsed due to Prorogation.)

 

Statutory Authorities Review Committee - Passenger Transport Board Report, Noting of -

 

 

Moved by The Hon R K Sneath, 26 March 2003 and agreed to, 30 April 2003.

 

Statutory Authorities Review Committee - Report, 2001-2002, Noting of -

 

 

Moved by The Hon R K Sneath and agreed to, 20 November 2002.

 

Supported Accommodation - Social Development Committee to inquire into -

 

 

Moved by The Hon S M Kanck, 15 May 2002 and agreed to, 5 June 2002.

 

Urban Development in South Australia - Environment, Resources and Development Committee to inquire into -

 

 

Moved by The Hon J M Gazzola, 21 August 2002 and agreed to, 28 August 2002

 

WorkCover - Statutory Authorities Review Committee to inquire into -

 

 

Moved by The Hon A J Redford, 9 July 2003 and agreed to, 16 July 2003.

 

Youth Obesity - Social Development Committee to inquire into -

 

 

Moved by The Hon M J Elliott, 29 May 2002, amendment moved by The Hon D W Ridgway and agreed to, motion as amended agreed to, 6 June 2002.

 

 

 

 


PETITIONS
___________

 

 

CITY OF PORT ADELAIDE ENFIELD RESIDENTIAL DEVELOPMENT AND MINOR AMENDMENTS PLAN AMENDMENT REPORT

 

Praying that this Council will take such action as to ensure the granting of an extension of time for receipt of submissions to the City of Port Adelaide Enfield Council.

 

 

Presented by The Hon T G Cameron, 14 November 2002, 51 signatures.

 

CLOSURE OF ABORIGINAL EDUCATION DEVELOPMENT BRANCH

 

Praying that this Council will act immediately to ensure that Aboriginal education in the City of Adelaide is maintained so as to enable the Aboriginal community to study in a supportive and culturally sensitive environment and consult with the Aboriginal learning community to guard against erosion of quality services in education for the indigenous community.

 

 

Presented by The Hon S M Kanck, 9 May 2002, 65 signatures.

 

GENETICALLY MODIFIED GOODS

 

Praying that this Council will -

 

1.

impose an immediate ban on environmental release and crop trials of genetically modified plants;

 

2.

support the passage of legislation that will give local communities, through their local councils, the power to restrict the operation and availability of poker machines at venues; and

 

3.

legislate for the compulsory labelling of all genetically modified foods and food products containing genetically modified ingredients

 

 

Presented by The Hon G E Gago, 15 May 2003, 4,040 signatures.

 

NUCLEAR REACTOR AT LUCAS HEIGHTS

 

Praying that this Council will call on the Federal Government to halt the nuclear reactor project and urgently seek alternative sources for medical isotopes and resist at every turn the plan to make South Australia the nation’s nuclear waste dumping ground.

 

 

Presented by The Hon. The Hon S M Kanck, 30 May 2002, 187 signatures.
Presented by The Hon S M Kanck,
6 June 2002, 35 signatures.
Presented by The Hon S M Kanck,
11 July 2002, 60 signatures.
Presented by The Hon S M Kanck,
22 August 2002, 60 signatures.
Presented by The Hon S M Kanck,
17 October 2002, 284 signatures.
Presented by The Hon S M Kanck,
20 February 2003, 24 signatures.
Presented by The Hon S M Kanck,
1 May 2003, 10 signatures.

 

POLLING BOOTHS, HANDING OUT OF VOTING CARDS TO ELECTORS

 

Praying that this Council will urgently move to amend the Electoral Act to ban the canvassing of votes and handing out of electoral material within 200 metres of the entrance to a polling place on polling day.

 

 

Presented by The Hon S M Kanck, 29 May 2003, 44 signatures.

 

RECONCILIATION FERRY

 

Praying that this Council will provide its full support to the ferry relocation proposal, prioritise the ferry service on its merits as a transport, tourism, reconciliation, regional development and employment project; and call for the urgent support of the Premier requesting that he engage as soon as possible in discussion with the Ngarrindjeri community to see this exciting, creative initiative become reality.

 

 

Presented by The Hon S M Kanck, 9 May 2002, 145 signatures.
Presented by The Hon S M Kanck,
18 July 2002, 15 signatures.
Presented by The Hon S M Kanck,
17 October 2002, 51 signatures.
Presented by The Hon S M Kanck,
14 November 2002, 568 signatures.
Presented by The Hon S M Kanck,
1 May 2003, 73 signatures.

 

SPEED LIMIT ALONG HIGHWAY ONE AT PORT PIRIE

 

Praying that this Council will reduce the speed of traffic from 110 kph to 80 kph through the section of Highway One, known locally as George’s Corner, from 500 metres north of Wimpy’s Roadhouse/Motel to 500 metres south of Rangeview Caravan and Cabin Park.

 

 

Presented by The Hon I Gilfillan, 20 February 2003, 222 signatures.

 

STATUTE OF LIMITATIONS IN SOUTH AUSTRALIA ON CHILD SEXUAL ABUSE

 

Praying that the Council will -

 



Introduce a Bill to address this problem, allowing victims to have their cases dealt with appropriately, recognising the criminal nature of the offence; and
See that these offences committed before 1982 in South Australia are open to prosecution as they are within all other States and Territories in Australia

 

 

Presented by The Hon S M Kanck, 9 May 2002, 1,462 signatures.
Presented by The Hon S M Kanck,
6 June 2002, 313 signatures.
Presented by The Hon S M Kanck,
11 July 2002, 161 signatures.
Presented by The Hon A L Evans,
22 August 2002, 118 signatures.
Presented by The Hon A L Evans,
17 October 2002, 243 signatures.
Presented by The Hon A L Evans,
14 November 2002, 260 signatures.
Presented by The Hon S M Kanck,
27 March 2003, 221 signatures.

 

STATUTES AMENDMENT (EQUAL SUPERANNUATION ENTITLEMENTS FOR SAME SEX COUPLES) BILL

 

Praying that the Council will support a motion for the Social Development Committee to investigate -

 


the Bill; and
implications for the Bill arising from the Attorney-General’s Departmental Discussion Paper on Removing Legislative Discrimination Against Same Sex Couples.

 

 

Presented by The Hon A J Redford, 30 April 2003, 2,345 signatures.
Presented by The Hon A J Redford,
15 May 2003, 35 signatures.
Presented by The Hon A L Evans,
29 May 2003, 385 signatures.

 

TAIL DOCKING

 

Praying that this Council will move to defeat any Bill to ban tail docking until such time as evidence that meets accepted scientific standards is provided and appropriate consultation is undertaken.

 

 

Presented by The Hon R D Lawson, 4 December 2002, 240 signatures.

 

TEEN CHALLENGE SA INC

 

Praying that this Honourable House will -

 

1.

Amend the Retail and Commercial Leases Act 1995 so as to limit the circumstances in which landlords may claim additional rent, not previously claimed, where to do so is unfair or unreasonable in all the circumstances of the particular case, if the demand is not made within twelve months.

 

2.

Alternatively, urge the State Government to provide financial support to Teen Challenge SA Inc in relation to the claim made by the landlord.

 

 

Presented by The Hon A L Evans, 18 July 2002, 49 signatures.
Presented by The Hon A L Evans,
29 August 2002, 26 signatures.

 

TRANSPORT AND STORAGE OF RADIOACTIVE WASTE IN SOUTH AUSTRALIA

 

Praying that the Council will do all in its power to ensure that South Australia does not become the dumping ground for Australia’s or the world’s nuclear waste.

 

 

Presented by The Hon S M Kanck, 20 February 2003, 1,060 signatures.
Presented by The Hon S M Kanck,
1 May 2003, 37 signatures.

 

VOLUNTARY EUTHANASIA

 

Praying that the Council will -

 




Reject the so called Dignity in Dying (Voluntary Euthanasia) Bill;
Move to ensure that all medical staff in all hospitals receive proper training in palliative care; and
Move to ensure adequate funding for palliative care for terminally ill patients.

 

 

Presented by The Hon A L Evans, 6 June 2002, 65 signatures.
Presented by The Hon A L Evans,
22 August 2002, 104 signatures.
Presented by The Hon R K Sneath,
22 August 2002, 34 signatures.
Presented by The Hon T J Stephens,
17 October 2002, 20 signatures.
Presented by The Hon A L Evans,
21 November 2002, 112 signatures.
Presented by The Hon A L Evans,
28 November 2002, 21 signatures.
Presented by The Hon T J Stephens,
15 May 2003, 20 signatures

 

VOLUNTARY EUTHANASIA, LEGALISING

 

Praying that this Council will legislate for voluntary euthanasia which will allow a willing doctor to assist a person who is hopelessly ill and suffering intolerably to die quickly and peacefully under certain guidelines.

 

 

Presented by The S M Kanck, 17 October 2002, 31 signatures.
Presented by The S M Kanck,
21 November 2002, 901 signatures.

 

VOLUNTARY EUTHANASIA, REFERENDUM

 

Praying that the Council will pass a Bill allowing for a Statewide referendum on the matter of legalising strictly and properly regulated voluntary euthanasia for the terminally ill.

 

 

Presented by The Hon S M Kanck, 29 May 2003, 295 signatures.

 

WEEKEND BUS SERVICES TO THE ADELAIDE HILLS

 

Praying that the Council will call on the Member for Kavel and the Minister for Transport to urgently address the needs of people living in the Adelaide Hills and provide them with new weekend bus services or taxi transfers from existing weekend services.

 

 

Presented by The Hon S M Kanck, 20 February 2003, 31 signatures.

 

 

 

 


SYNOPSIS OF LEGISLATION
___________

 

 

ABORIGINAL LANDS PARLIAMENTARY STANDING COMMITTEE BILL

 

This Bill provides for the establishment of the Aboriginal Lands Parliamentary Standing Committee, based on the Parliamentary Committees Act 1991. This Committee effectively replaces and combines the functions of the Committees established under the Pitjantjatjara Land Rights Act 1981, the Maralinga Tjarutja Land Rights Act 1984 and the Aboriginal Lands Trust Act 1966.

 

The three Aboriginal land holding authorities in South Australia, namely the Aboriginal Lands Trust, Anangu Pitjantjatjara and Maralinga Tjarutja, each had a separate Parliamentary Committee established under their respective legislation.

 

The Committees established under section 42c of the Pitjantjatjara Land Rights Act 1981 and section 43 of the Maralinga Tjarutja Land Rights Act 1984 have both lapsed due to the effluxion of time, expiration clauses having been written into the legislation. Unlike the Committees established by the Pitjantjatjara and Maralinga Tjarutja legislation, there is no such expiry clause in the Aboriginal Lands Trust Act 1966.  The Committee established under section 20B of that Act is still in existence, its functions limited to the operation of that Act, along with Ministerial references.  However, this Committee has not convened since 1996. Despite not convening, the Committee has a continuing role under the Act and it is required to report to Parliament on an annual basis.

 

The Bill establishes one Aboriginal Lands Parliamentary Standing Committee that would cover all three distinct Aboriginal land areas in the State.  The Committee’s functions are expanded to inquire into a broad range of matters affecting Aboriginal people, such as health, housing, education, economic development, employment and training.

 

 

(June 4, 26, July 16 - Act No. 24 of 2003)

 

AGRICULTURAL AND VETERINARY CHEMICALS (SOUTH AUSTRALIA) (ADMINISTRATIVE ACTIONS) AMENDMENT BILL

 

This Bill is part of a legislative response to the decision of the High Court in The Queen v Hughes (2000) which has cast doubt on the ability of Commonwealth authorities and officers to exercise powers and perform functions under State laws in relation to several inter-governmental legislative schemes.  In Hughes, the High Court indicated that, where a State gave a Commonwealth authority or officer a power to undertake a function under State law together with a duty to exercise the function, there must be a clear nexus between the exercise of the function and one or more of the legislative heads of power of the Commonwealth Parliament set out in the Commonwealth Constitution.  Hughes also highlighted the need for the Commonwealth Parliament to authorise the conferral of duties, powers of functions by a State on Commonwealth authorities or officers.

 

The decision in Hughes affects the National Registration Scheme (NRS) for agricultural and veterinary chemicals by casting doubts on the validity of the exercise of powers in relation to the NRS by the National Registration Authority for Agricultural and Veterinary Chemicals,  the Commonwealth Director of Public Prosecutions, the Commonwealth Administrative Appeals Tribunal and Commonwealth inspectors and analysts.

 

This Bill makes changes to the NRS to place it on a more secure constitutional footing and closes certain gaps in the conferral of duties, functions and powers on Commonwealth authorities and officers relating to the Commonwealth Administrative Appeals Tribunal and inspectors and analysts appointed under Commonwealth law.

 

 

(May 13, 28, 30, July 18 - Act No. 3 of 2002)

 

AGRICULTURAL AND VETERINARY PRODUCTS (CONTROL OF USE) BILL

 

This Bill was developed following a review of South Australia’s legislation regulating agricultural and veterinary chemicals and stock foods.  As a result of the review, this legislation will repeal the Agricultural Chemicals Act 1995, the Stock Foods Act 1941 and the Stock Medicines Act 1939, and provide a comprehensive legislative framework to regulate the use of agricultural and veterinary chemical products, as well as provide for the regulation of fertilisers and stock foods.

 

The legislation will operate within the context of the Agvet Code of South Australia, which forms part of a national scheme adopted in this State under the Agricultural and Veterinary Chemicals (South Australia) Act 1994.  This scheme regulates the manufacture and supply of agricultural and veterinary chemical products through a product evaluation and registration system.  The Bill will complement this scheme by dealing with issues relating to the use and disposal of agricultural and veterinary chemicals.  To this end, it seeks to manage and reduce the risk of unintended harm to plants, animals, trade, human health and the environment by encouraging the responsible use and disposal of agricultural and veterinary chemical products and fertilisers.

 

 

(May 15, June 3, 4, 6, July 8, 9, 11, August 20, 22 - Act No. 9 of 2002)

 

CHICKEN MEAT INDUSTRY BILL

 

This Bill repeals the Poultry Meat Industry Act 1969 and replaces it with a modern, more pro-competitive, regulatory scheme that will enable owner-farmers in the chicken meat industry to engage in collective negotiations with chicken meat processors supported by compulsory mediation and arbitration at the request of either party.  The Bill will also provide efficient farmers with a greater degree of security than under the present deregulated environment and, further, provides an exemption for the collectively negotiated agreements from the operation of the Restrictive Trade Practices Rules in Part IV of the Commonwealth’s Trade Practices Act 1974 and in the Competition Code that applies in South Australia by authority of the Competition Policy Reform (South Australia) Act 1996.

 

 

(December 4, February 17, 18, March 25, July 7, 16 - Act No. 26 of 2003)

 

CITY OF ADELAIDE (ABOLITION OF CAPITAL CITY COMMITTEE) AMENDMENT BILL

 

The purpose of this Bill is to abolish the Capital City Committee which was established in 1998 under the City of Adelaide Act 1998.  The Committee was due to report on 30 June 2002.

 

 

(June 5, July 17 - Lapsed due to Prorogation)

 

CITY OF ADELAIDE (DEVELOPMENT WITHIN PARK LANDS) AMENDMENT BILL

 

The purpose of this Bill is to ensure that certain developments proposed for the parklands can be taken only with the support of both Houses of Parliament, as well as the City of Adelaide Council.

 

The Bill provides that a number of developments are exempt from this requirement, and they are - developments that cost less than $100,000; development that involves the replacement, or partial replacement, of existing buildings; developments that are temporary in nature, that is, less than three months; the granting of a lease or licence by the council in a case where section 206 of the Local Government Act 1999 applies; and the renewal or extension of a lease, or granting of a licence or lease that has expired only in the last six months.

 

 

(June 6 - Lapsed due to Prorogation)

 

CONSTITUTION (CASUAL VACANCIES AND GENDER NEUTRAL LANGUAGE) AMENDMENT BILL

 

This Bill clarifies the procedures for appointing a Member to the Legislative Council by way of a casual vacancy.  The Bill provides that there is no requirement for all Members of both Houses of Parliament to be present at a meeting of an Assembly of Members and validates previous meetings.

 

The Bill also amends provisions in the Constitution Act to provide for gender neutral language.

 

 

(March 26, 27, April 1, May 15, 27 - Act No. 6 of 2003)

 

COOPER BASIN (RATIFICATION) AMENDMENT BILL

 

The Cooper Basin (Ratification) Act was enacted to ratify an indenture between the Government and the consortium of petroleum companies (known as the producers) who were responsible for the development of the gas reserves discov­ered in the Moomba area of South Australia and subsequently delivered to both the Adelaide and Sydney markets.  The Act and Indenture provided some certainty to the producers at a time when they were about to incur significant development costs to supply the new Sydney gas market.

 

In its current form the Act has a number of elements that are perceived by the NCC as anti-competitive and review of this Act is required under the Competition Principles Agreement “legislation review” obligation.  The key issues that are perceived to be anti-competitive are the lack of transparency in the trade practice authorisations and the exemption from being subject to the economic criteria for grant of production licences.

 

This Bill updates and makes more explicit and clear the trade practice authorisations which, in reality, have little anti-competitive effect in the current gas supply market.  In addition, trade practice exemptions for joint petroleum liquids marketing, which also have little anti-competitive effect and which were previously included in the Stony Point (Liquids Project) Ratification Act 1981, have also been included in this Bill.  It is believed that it is in the public interest to retain these authorisations on the basis that it is important that the State continue to honour commitments made so that future investment and business dealings with Governments are not put at risk.

 

The Bill also requires the producers to meet the criteria in the Petroleum Act for the grant of production licences.  The existing Act allows the grant of a production licence on request and is perceived as giving the producers an advantage over other petroleum licensees.  Removal of this provision was agreed with the producers in 1997 and has been voluntarily complied with since that date.  Since February 1999, upon expiry of the producers’ exploration licences, no further production licences could be acquired and the clause no longer has any real effect.  Minor changes to the royalty provisions to account for the introduction of the GST are also included.

 

 

(July 17 - Lapsed due to Prorogation)

 

CRIMINAL LAW CONSOLIDATION (ABOLITION OF TIME LIMIT FOR PROSECUTION OF CERTAIN SEXUAL OFFENCES) AMENDMENT BILL

 

The purpose of this Bill is to abolish any immunity from prosecution in relation to certain sexual offences which occurred prior to 1 December 1982.

 

 

(July 10, August 28 - Withdrawn in Legislative Council)

 

CRIMINAL LAW CONSOLIDATION (ABOLITION OF TIME LIMIT FOR PROSECUTION OF CERTAIN SEXUAL OFFENCES) AMENDMENT BILL

 

The purpose of this Bill is to abolish any immunity from prosecution in relation to certain sexual offences which occurred prior to 1 December 1982.

 

 

(June 3, 5 - Act No. 14 of 2003)

 

CRIMINAL LAW (SENTENCING) (FAILURE TO VOTE) AMENDMENT BILL

 

This Bill amends the Criminal Law (Sentencing) Act where a pecuniary penalty applies to a person who defaults in respect of payment of a fine for failing to vote under the Electoral Act.  The Bill provides that eight hours community service is a more appropriate penalty.

 

 

(April 30, July 16 - Lapsed due to Prorogation)

 

DIGNITY IN DYING BILL

 

The purpose of this Bill is to provide for the administration of medical procedures to assist the death of patients who are hopelessly ill and who have expressed a desire for the procedures subject to appropriate safeguards.

 

 

(May 8, 15, 20, June 3, 10, October 23, November 13, 20, May 14 - Lapsed due to Prorogation)

 

DRIED FRUITS REPEAL BILL

 

The purpose of this Bill is to repeal of the Dried Fruits Act and provide a mechanism for the Minister to transfer residual funds of the Dried Fruits Board to the South Australian Dried Tree Fruits Association, the main organisation servicing South Australia’s dried fruit industry.

 

To ensure that the residual funds provided to the South Australian Dried Tree Fruits Association are used for industry development purposes, an agreement will be developed between the South Australian Dried Tree Fruits Association and the Minister.  This agreement will require a strategic plan indicating key activity areas in which the South Australian Dried Tree Fruits Association will be using its funding in the three years to 30 June 2006.

 

 

(July 16 - Lapsed due to Prorogation)

 

ENVIRONMENT PROTECTION (PLASTIC SHOPPING BAGS) AMENDMENT BILL

 

The purpose of this Bill is to provide for a 15 cent levy to be paid on the large plastic bags that are issued at the cash register in retail outlets or checkouts in supermarkets.

 

The Bill does not require a charge on the other plastic bags in which food is purchased such as the plastic bags in which rice is packaged or the plastic bags in which fruit and vegetables are purchased.

 

 

(May 28 - Lapsed due to Prorogation)

 

FISHERIES (CONTRAVENTION OF CORRESPONDING LAWS) AMENDMENT BILL

 

This Bill amends section 44 of the Fisheries Act 1982 to make it an offence to sell or purchase, or have possession or control of, fish taken in contravention of a law of the Commonwealth or another State or Territory of the Commonwealth that corresponds to that Act.

 

 

(June 9, July 15, 17, August 19, 27 - Act No. 10 of 2002)

 

FISHERIES (VALIDATION OF ADMINISTRATIVE ACTS) BILL

 

This Bill will validate certain administrative acts and payments and specifically relates to the administration of the blue crab fishery under two sets of regulations between 11 June 1998 and 16 September 2001, being the Scheme of Management (Blue Crab Fishery) Regulations 1998 and the Scheme of Management (Marine Scalefish Fisheries) Regulations 1991.

 

In early 2001, it became apparent that PIRSA Fisheries had incorrectly interpreted and applied some regulations relating to the allocation and transfer of blue crab quota and related gear entitlements.  These errors affected the calculation of licence fees payable.  The Crown Solicitor has recommended that the regulations be amended to provide for correct administration of the fishery prospectively and that a Bill be passed to validate the past incorrect acts or omissions to provide legal certainty for the management of the fishery in the future.

 

The Bill will also preserve the validity of negotiated and agreed licence fees paid by commercial fishers under the cost recovery policy during the period from 1 July 1998 to 30 June 2001.  The Bill will not have any detrimental effect on any commercial blue crab fisher, as the Bill essentially validates the management arrangements for this fishery that were expected and understood by all licence holders for a long period of time before the errors were uncovered.

 

 

(July 16, August 19, 27 - Act No. 11 of 2002)

 

GAMING MACHINES (EXTENSION OF FREEZE) AMENDMENT BILL

 

The purpose of this Bill is to extend the freeze on gaming machines until 31 May 2004.  This will allow the Independent Gaming Authority time to complete an inquiry into the matter.

 

 

(February 19, April 2 - Lapsed due to Prorogation)

 

GAMING MACHINES (LIMITATION ON EXCEPTION TO FREEZE) AMENDMENT BILL

 

The purpose of this Bill is to clarify the issue of transferability of a gaming machine licence from one premises to another.  The Bill makes it clear that the new premises must be located within one kilometre of the original premises.

 

 

(May 8, June 5 - Lapsed due to Prorogation)

 

GENE TECHNOLOGY (RESPONSIBILITY FOR THE SPREAD OF GENETICALLY MODIFIED PLANT MATERIAL) BILL

 

The purpose of this Bill is to ensure that the owners of proprietary rights in genetically modified plant material are or will be responsible for any damage or loss caused by the spread of that material.  The Bill will also protect farmers who find, through no fault of their own, that their crops have become contaminated with genetically modified seed.

 

 

(May 28 - Lapsed due to Prorogation)

 

GENE TECHNOLOGY (TEMPORARY PROHIBITION) BILL

 

The purpose of this Bill is to provide that the whole of the State be designated as a place where a person must not deal with genetically modified plant material.  This measure is to be undertaken on the basis of a decision by the Parliament that there should be a broad prohibition on dealings with genetically modified plant material in order to preserve the identity of non-GM crops within the State for marketing purposes.  This approach is intended to provide consistency with any policy principle issued by the Ministerial Council under the Gene Technology Act 2001.  Accordingly, it will be a law of the State that despite any provision made by any other Act or law (including the Gene Technology Act 2001), certain dealings with genetically modified plant material will be prohibited.  Subclause (3) in clause 4 of the Bill sets out some exceptions to the general prohibition (subject to the operation of subclauses (4) to (7).

 

 

(July 17, August 22, December 2, April 28 - Lapsed due to Prorogation)

 

INTERSTATE AGREEMENTS BILL

 

The purpose of this Bill is to impose upon Ministers a duty to consult with the Parliament in relation to interstate agreements.  The Bill imposes four requirements for the relevant Minister to meet - first, to write to all Members; secondly, to consult with the appropriate Committee of the Parliament, thirdly to take into account any Committee recommendations; and, fourthly, to report back in writing to all Members following any Ministerial council meeting.  Any recommendation made by a Parliamentary Committee must be taken into account by the Minister in the process of negotiation which precedes entering into an interstate agreement.

 

Exemptions are provided for urgency and public interest issues as well as specific exemptions for the National Crime Authority and the Australian Loans Council of the Premiers’ Conference.

 

 

(October 16, March 26 - Lapsed due to Prorogation)

 

LOCAL GOVERNMENT (LOCHIEL PARK) AMENDMENT BILL

 

This Bill amends the Local Government Act to preserve Lochiel Park in its current form, to prevent its development, to prevent housing being built, and to ensure it is preserved for community use.

 

 

(February 19, March 26, July 16 - Lapsed due to Prorogation)

 

MEMBERS OF PARLIAMENT (REGISTER OF INTERESTS) (OVERSEAS TRAVEL) AMENDMENT BILL

 

The purpose of this Bill is to ensure that all overseas travel funded by the Government is revealed to the Parliament and the public.

 

Members of Parliament must provide particu­lars of all overseas travel that they or a family member have undertaken, which travel has been funded in whole or in part by the State, in their primary return to Parliament.  The Bill covers all Members of Parliament, including Presiding Members.

 

 

(February 19, April 30 - Lapsed due to Prorogation)

 

MINING (MISCELLANEOUS) AMENDMENT BILL

 

This Bill makes various amendments of an administrative nature to the Mining Act 1971 and the Opal Mining Act 1995.

 

The Mining Act in its current form does not recognise indigenous land use agreements, even though such agreements can be validly negotiated under the Commonwealth’s amended Native Title Act 1993.  This Bill therefore provides for minor amendments to part 9B of the Act to enable the Minister to grant mining leases to proponents who have negotiated an Indigenous Land Use Agreement and have had that agreement subsequently registered by the National Native Title Tribunal.

 

The Bill also sets out various amendments to part 5 of the Act dealing with exploration licences to encourage more efficient turnover of exploration ground in order to facilitate new exploration and accelerate current activity in South Australia. These amendments include the introduction of smaller maximum size areas for licences and a more prescriptive process for the renewal of exploration licences at the expiration of the period of five years.

 

Another amendment involves the redefinition of “mining” under section 6 so that investigations and surveys carried out by authorised officers under section 15 of the Act are not classified as mining.  These activities are either geological or geophysical investigations which are consistent with the role of the Department in the orderly management of the Crown’s mineral resources and the promotion of the mineral potential areas of the State.

 

Flowing on from that amendment, the Bill also makes changes to section 15 to provide that the Minister may publish a notice in the Government Gazette setting out areas in the State which will be subject to Departmental investigations and surveys.

 

A further amendment to the Act is the introduction of a provision whereby the Minister may delineate exploration licences in such manner as the Minister deems appropriate, thereby allowing the geodetic datum system GDA 94, currently used by other States and Territories, to be used.

 

Finally, the operation of the South Australian right to negotiate schemes in both the Mining Act 1971 and the Opal Mining Act 1995 has generally been acknowledged as being relatively successful to date.  At present, these schemes contain sunset clauses that would see the schemes expire on 17 June 2003.  The Bill provides for the repeal of these clauses so that these schemes can continue to operate into the future.

 

 

(March 26, April 29, May 12, 13, 14, June 4 - Act No. 12 of 2003)

 

MOTOR VEHICLES (ROADWORTHINESS INSPECTION SCHEME) AMENDMENT BILL

 

This Bill establishes the Roadworthiness Inspection Scheme.  The scheme applies to all prescribed motor vehicles over five years old.  This is calculated from the date of first registration.  A prescribed motor vehicle is one that is designed for the principal purpose of carrying up to eight adult passengers, including the driver.  Any car that is older than five years that is sold or has its registration transferred will need to have a current and valid roadworthiness certificate.  It is an offence punishable by a $10,000 fine or imprisonment for two years to sell a prescribed motor vehicle without a valid roadworthiness certificate.

 

There are two exemptions to this: transfers between licensed vehicle dealers and sales where the car is not expected to be driven again, that is, to motor wreckers.  Certificates must be displayed on the vehicle if it is offered or exposed for sale.  When a car reaches the age of 10 years, and every second year thereafter, it must have a valid certificate of roadworthiness before its registration can be renewed.  This provision is complementary to the requirement for a certificate as at the time of transfer or sale.  A car over 10 years will need a roadworthiness certificate if it is to be sold or registered in each second year.

 

The Bill also establishes the Roadworthiness Inspection Committee.  The Committee has broad functions to review the operation of the scheme, as well as to provide advice to the Minister as to regulations made for the scheme, and to carry out any other functions assigned to the Committee under the Act or by the Minister.

 

 

(July 16 - Lapsed due to Prorogation)

 

NATIONAL PARKS AND WILDLIFE (YUMBARRA CONSERVATION PARK) AMENDMENT BILL

 

The purpose of this Bill is to amend the National Parks and Wildlife Act to provide complete protection for the original section of Yumbarra which is a tiny portion of the greater Yellabinna area. The Bill would restore Yumbarra as a single proclaimed conservation park and permanently ban mining whereas the rest of Yellabinna is open for mining.

 

 

(May 14 - Lapsed due to Prorogation)

 

NUCLEAR WASTE STORAGE FACILITY (PROHIBITION) (MISCELLANEOUS) AMENDMENT BILL

 

The purpose of this Bill is to amend the Nuclear Waste Storage Facility (Prohibition) Act 2000 by deleting section 15 which provides that the Principal Act will expire on 19 July 2003.

 

 

(July 7, 8, 10, 14, 15, 17 - Act No. 22 of 2003)

 

NUCLEAR WASTE STORAGE FACILITY (PROHIBITION) (REFERENDUM) (NO. 2) AMENDMENT BILL

 

The Nuclear Waste Storage Facility (Prohibition) (Referendum) (No. 2) Amend­ment Bill 2003 provides for a referendum on the matter.  The Bill amends the Nuclear Waste Storage Facility (Prohibition) Act 2000 to stop South Australia from being the dumping ground for international and national high level and long lived intermediate level radioactive waste.

 

In the event of a referendum being called, the Minister for Environment and Conservation’s choice of question will be determined on the basis of whether the Commonwealth seeks to establish a facility for the storage of both long lived intermediate and high level nuclear waste, long lived immediate nuclear waste only, or high level nuclear waste only.

 

 

(February 20 - Lapsed due to Prorogation)

 

PARLIAMENTARY COMMITTEES (PRESIDING MEMBERS) AMENDMENT BILL

 

This Bill relates to Committees appointed by the Parliamentary Committees Act and provides a mechanism to resolve an equality of votes in any electoral process for the election of a Presiding Member.  The Bill will  -

 

1.

Refer the election of a Presiding Member to the House of Assembly in the case of the following committees -
(a)   Economic and Finance Committee;
(b)  Environment, Resources and Development Committee;
(c)   Public Works Committee; and
(d)  Occupational Safety, Rehabilitation and Compensation Committee,
where the committee is unable to come to a decision on who is to be the Presiding Member.

 

2.

Refer the election of a Presiding Member to the Legislative Council in the case of the following committees -
(a)   Legislative Review Committee;
(b)   Social Development Committee;
(c)   Statutory Authorities Review Committee; and
(d)   Statutory Officers Committee,
where the committee is unable to come to a decision on who is to be the Presiding Member.

 

 

(May 8, August 28, October 23 - Act No. 27 of 2002)

 

PARLIAMENTARY ENTITLEMENTS BILL

 

The purpose of this Bill is to establish a Tribunal to determine the remuneration and related entitlements payable to Members of Parliament.  The Tribunal is to consist of five members appointed by the Government and members will be appointed for up to seven years and are eligible for re-appointment.  The Tribunal will have the powers of a Royal Commission and have jurisdiction over basic remuneration for Members of Parliament and additional remuneration for Ministers, Parliamentary Officers and Committee Members.  The Tribunal will also provide for a new superannuation scheme for Members elected on or after the 2006 election.

 

 

(June 5 - Lapsed due to Prorogation)

 

PUBLIC PARK BILL

 

The purpose of this Bill is to prevent the Commonwealth Govern­ment from establishing a low level and short-lived intermediate level radioactive waste repository in South Australia.

 

On 9 May 2003, the Commonwealth confirmed its intention to establish, operate and decommission a national near-surface repository for the disposal of low level and short-lived intermediate level radioactive waste at site 40a in the central north of the State.  It is understood that the Commonwealth will seek to acquire the land using processes under its Lands Acquisition Act 1989.  However the Commonwealth Lands Acquisition Act 1989 does not allow compulsory acquisition of “an interest in land that consists of, or is in, a public park, unless the government of the state or territory in which the land is situated has consented to the acquisition of the interest” (Part IV, section 42).

 

This Bill will establish a new public park in South Australia that encompasses the land that is now commonly known as sites 40a and 45a.  This new park will allow current pastoral and mining activities to continue.  Any existing native title interests will not be altered in any way.  The principles that underlie the Bill are similar to those within the National Parks and Wildlife Act 1972.

 

 

(July 7, 16 - Negatived in Legislative Council)

 

RETAIL AND COMMERCIAL LEASES (TRADING HOURS) AMENDMENT BILL

 

The purpose of this Bill is to amend section 61(1)(c) of the Retail and Commercial Leases Act in relation to core trading hours.  The Bill will reduce the number of core trading hours from 65 a week to 52 to reflect the current maximum number of hours that small retailers and other lessees operating in shopping centres must open.  The Bill also requires that “the number of hours each day” be the question put to lessees as part of a secret ballot process to determine opening hours each day within the centre.

 

 

(July 10, May 28 - Discharged in Legislative Council)

 

SEEDS ACT REPEAL BILL

 

The purpose of this Bill is to repeal the Seeds Act 1979.  The principal function of the Seeds Act 1979 is to provide a regulatory framework in the marketplace for the labelling of seeds for sowing and to prevent the spread of noxious weed seeds, both being consumer protection measures.  A secondary function of the Act is to provide for an official Government seed testing laboratory and facilitate the charging of fees for services performed by that laboratory.  The passing of the Commonwealth Mutual Recognition Act 1992 sought to eliminate regulatory impediments to national markets in goods and services and to expedite the development of national standards.

 

As a consequence, it is no longer possible for the South Australian Government to consistently enforce its current labelling laws because the Mutual Recognition Act applies to virtually all provisions of the South Australian Seeds Act.  To facilitate the continuance of labelling of seed for sowing as a consumer protection measure, States have assisted national peak industry bodies in the seed industry to formulate and put into practice alternative measures in the form of an industry code of practice.  This code of practice became operational in August 1999 and it was agreed by the Standing Committee on Agriculture and Resource Management that it was an appropriate alternative regulatory framework and that States could repeal their seeds legislation when the code was effectively in place.

 

 

(May 13, 30, June 3, July 18 - Act No. 4 of 2002)

 

STATE LOTTERIES (MINORS) AMENDMENT BILL

 

The purpose of this Bill is to raise the age for participation in the State run lotteries, including X-Lotto games, keno and instant scratchie tickets, from sixteen to eighteen.

 

 

(October 23 - Lapsed due to Prorogation)

 

STATE SUPPLY (PROCUREMENT OF SOFTWARE) AMENDMENT BILL

 

This Bill relates to the use of open source software by the Government of South Australia. Open source software products do not have restrictive licence agreements.  The purpose of this Bill is to require procurement managers in public authorities to consider the alternative of using open source software and, wherever practical, using open source in preference to proprietary software.  By encouraging departments and agencies to use open source software is to support a local development environment that can open the door to international sales.

 

 

(April 30, July 9 - Lapsed due to Prorogation)

 

STATUTES AMENDMENT (GAMING MACHINE REGULATION - ALCOHOL) BILL

 

The purpose of this Bill is to give gamblers a break from play so that they consume food and beverages outside the poker machine area.  The Bill will make it a condition of the casino licence that the licensee must not provide or offer to provide a person with an alcoholic beverage while that person is at or in the immediate vicinity of the gaming machine area on the licensed premises.

 

 

(May 8 - Lapsed due to Prorogation)

 

STATUTES AMENDMENT (GAMING MACHINE REGULATION - BETTING RATE) BILL

 

The purpose of this Bill is to reduce the rate of loss on gaming machines by regulating the level of betting so that it is no more than $5 an hour.

 

 

(May 8 - Lapsed due to Prorogation)

 

STATUTES AMENDMENT (MINING) BILL

 

The purpose of this Bill is to repeal section 9 of the Mines and Works Inspection Act 1920 and substitute a provision that allows for the release, subject to the Freedom of Information Act 1991 and, where relevant, the ionizing Radiation Regulations 2000, of all information.  The Bill further sets out when certain information relating to trade processes and financial information can be released, namely -

 





as authorised by this Bill (or regulations under this Bill); or
with the consent of the person from whom the information was obtained, or to whom the information relates; or
in connection with the administration or enforcement of this Bill, or a prescribed Act; or
for the purpose of legal proceedings arising out of the administration or enforcement of this Bill, or a prescribed Act.

 

Information other than that relating to trade processes and financial information could, as a consequence of this Bill, be obtained pursuant to the Freedom of Information Act 1991.  The new provision is consistent with similar confidentiality provisions, in particular section 121 of the Environment Protection Act 1993, and provides for the release of information regarding incidents which may affect the safety of both the public and the environment.

 

 

(December 4, April 29 - Lapsed due to Prorogation)

 

STATUTES AMENDMENT (RENAISSANCE TOWER - GAMING AND LIQUOR LICENCES) BILL

 

This Bill amends the Gaming Machines Act to ensure that if the holder of a special circumstances licence held a gaming machine licence on 22 June 1994, the holder continues to be eligible to hold a gaming machine licence even if the holder would not otherwise satisfy the existing eligibility requirements.

 

The Bill also amends the Liquor Licensing Act to provide that section 61 is to apply to the special circumstances licence in force in respect of the Renaissance Tower, 6th Floor, 127 Rundle Mall, Adelaide, in the same way as it would if that licence were a hotel licence.

 

 

(June 5 - Lapsed due to Prorogation)

 

STATUTES AMENDMENT (ROAD SAFETY INITIATIVES) BILL

 

The purpose of this Bill is to amend both the Motor Vehicles Act 1959 and the Road Traffic Act 1961 to provide for a range of measures to improve road safety practices across South Australia.

 

The road safety measures relate to -

 







unlicensed drivers;

production of a driver’s licence;

excessive speeding;

mobile random breath testing;

digital cameras;

fixed housing speed cameras; and

learner drivers.

 

Overall this road safety package focuses on extra enforcement and educative measures relating to drink driving and speeding, in an effort to reduce two of the principal causes of road crashes in South Australia - and ultimately reduce road deaths, injuries and related health costs across the State.

 

 

(May 15, August 28 - Discharged in Legislative Council)

 

STATUTES AMENDMENT (ROAD SAFETY INITIATIVES NO. 2) BILL

 

This Bill contains a number of road safety measures.  The Bill will allow for automatic demerit points for speed camera offences.  The Bill will also impose an automatic loss of licence of between one month and twelve months for speeding between 30 km/h and 60 km/h in excess of the applicable speed limit.

 

 

(May 29, June - Lapsed due to Prorogation)

 

SUMMARY OFFENCES (LOITERING) AMENDMENT BILL

 

The purpose of this Bill is to extend the powers of police in relation to loitering.  The Bill provides that where a person is loitering in a public place or a group of persons is assembled in a public place and a member of the police force believes or apprehends on reasonable grounds that the person or one or more persons in the group is acting, or has acted, in a manner likely to create distress or fear of harassment in a reasonable person within sight or hearing of the person or group, the member of the police force may request that person to cease loitering, or request the persons in that group to disperse, as the case may require.

 

 

(November 20, February 19 - Lapsed due to Prorogation)

 

SUMMARY PROCEDURE (CLASSIFICATION OF OFFENCES) AMENDMENT BILL

 

This Bill amends section 5 of the Summary Procedure Act 1921 by excluding robbery from classification as a summary or minor indictable offence. Robbery is only to be classified as a major indictable offence.

 

 

(July 8, 10, 16 - Act No. 25 of 2003)

 

TOBACCO PRODUCTS REGULATION (SMOKING IN THE CASINO AND GAMING VENUES) AMENDMENT BILL

 

This Bill aims to prohibit smoking in poker machine venues and the Adelaide Casino.  “Gaming areas” are clearly defined under the Gaming Machines Act with respect to hotels and clubs and, in respect of the Casino, there are designated areas that are exempt from the Act in relation to front bar type operations.

 

This legislation is intended to have a double impact - both on problem gambling and in relation to the public health issue of reducing in the medium to long term the cost to the public health system of smoking to the community.

 

 

(March 27 - Lapsed due to Prorogation)

 

UPPER SOUTH EAST DRYLAND SALINITY AND FLOOD MANAGEMENT BILL

 

The main purpose of this Bill is to ensure certainty for the Upper South East Dryland Salinity and Flood Management Program (USE Program).  The Bill will provide the Minister with the necessary functions and powers to complete the work of protecting and enhancing agricultural land and the natural environment in the Upper South East.

 

The USE Program will deliver significant environmental, economic and social benefits to the region but the need to negotiate additional funding and gain certainty of access and management of drains and wetlands in the region has meant that the future of the approved scheme is under threat.

 

The Bill provides a way forward that is transparent to all stakeholders with its provisions only applicable in the Upper South East of the State.  A key feature of the legislation is the identification of corridors of land that have been assessed as being required to implement the drainage aspects of the Program.

 

The Bill also provides control over the drainage works of private individuals to ensure that the USE Program has priority and that private works cannot conflict with the Government Scheme.  However, complementary beneficial works can be conducted under licence from the Minister.

 

 

(November 14, 20, 21, 26, December 2, 5 - Act No. 48 of 2002)

 

VETERINARY PRACTICE BILL

 

The purpose of this Bill is to repeal the Veterinary Surgeons Act 1985, provide a regulation of the veterinary profession that is consistent with national competition policy principles and streamline procedures for registration of veterinary surgeons and the handling of complaints by the Veterinary Surgeons Board.

 

The Bill removes restrictions on ownership of practices by non-veterinarians while at the same time containing provisions aimed at avoiding any conflict of interest in such situations.  There will be a register of interests held by veterinarians or prescribed relatives in prescribed veterinary businesses.  Veterinarians will be required to inform clients of those interests where relevant and there will be offences relating to inducements for veterinarians giving recommendations or prescriptions benefiting those businesses.

 

In addition, there will be a register of veterinary service providers (that is, persons other than veterinary surgeons who provide veterinary treatment through the instrumentality of a veterinary surgeon) and it will be an offence for such a person to direct or pressure a veterinary surgeon to act unlawfully, improperly, negligently or unfairly in relation to the provision of veterinary treatment.  The Bill defines veterinary treatment which only veterinarians may perform for fee or reward but makes provision for regulations to exempt common farm practices such as lamb-marking from the definition.

 

 

(December 4, February 18, 20, March 24 - Lapsed due to Prorogation)

 

VICTIMS OF CRIME (STATUTORY COMPENSATION FOR VICTIMS OF CERTAIN SEXUAL OFFENCES) ACT AMENDMENT BILL

 

This Bill arises out of recent amendments to the Criminal Law Consolidation Act by the Criminal Law Consolidation (Abolition of Time Limit for Prosecution of Certain Sexual Offences) Amendment Bill.

 

The purpose of this Bill is to provide compensation to the victims of these crimes who are unable to secure a conviction.  The Bill will give the victims a right to compensation under the Victims of Crime Act.  It will be necessary for the victim to make an application to the court and to satisfy the court of certain matters.  These victims will still be able to apply to the Attorney-General for compensation by way of ex gratia payment but, if they are dissatisfied with their application to the Attorney-General, they will be empowered, under the provisions of this Bill, to apply for statutory compensation.  They must do so within three months after the notification of the Attorney-General’s response.  The sexual offences in respect of which such an application may be made are that immunity from prosecution for the offence existed immediately before the commencement of section 72A of the Criminal Law Consolidation Act because of the passage of time since its commission.

 

These particular victims, because of the circumstances and the effluxion of time, will not be required to establish proof of the offence beyond reasonable doubt.  They will be entitled, under this Bill, to satisfy the court, on the balance of probabilities, that they are the victims of a relevant sexual offence.  These victims, like other victims, will be required to show that they suffered injury as a result of the commission of a relevant offence, and all the other provisions must be complied with.

 

 

(July 16 - Lapsed due to Prorogation)

 

VICTORIA SQUARE (CONTINUATION OF EAST-WEST TRAFFIC ARRANGEMENTS) BILL

 

The purpose of this Bill is to ensure that the east west road through Victoria Square will be kept open for traffic.

 

 

(February 19 - Lapsed due to Prorogation)