LEGISLATIVE COUNCIL

OF

SOUTH AUSTRALIA

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STATISTICS

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FOURTH SESSION OF THE FIFTIETH PARLIAMENT

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14 September 2004 to 8 December 2005

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TABLE OF CONTENTS
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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 Natural Resources Committee
	Committee appointed under Aboriginal Lands Parliamentary Standing Committee Act 2003 -
		Aboriginal Lands Parliamentary Standing Committee
	Joint Committees -
		Joint Parliamentary Service Committee
	Sessional Committees -
		Standing Orders Committee Printing Committee
	Select Committees -
		Select Committee on Allegedly Unlawful Practices raised in the Auditor-General’s Annual Report, 2003-2004 Select Committee on Assessment and Treatment Services for People with Mental Health Disorders Select Committee on Atkinson/Ashbourne/Clarke Affair Select Committee on Staffing, Resourcing and Efficiency of the South Australia Police Select Committee on Collection of Property Taxes by State and Local Government, including Sewerage Charges by SA Water Select Committee on Electricity Industry in South Australia Select Committee on Local Government (Lochiel Park Lands) Amendment Bill 2005 Select Committee on Mount Gambier Health Service Select Committee on Naracoorte Town Square Bill 2005 Select Committee on Refining, Storage and Supply of Fuel in South Australia Select Committee on Staffing, Resourcing and Efficiency of the South Australia Police Select Committee on the Offices of the Director of Public Prosecution and the Coroner Select Committee on the Role and Adequacy of Government Funded National Broadcasting Select Committee on the Status of Fathers in South Australia
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 President of the Legislative Council - Rulings and Statements - 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. 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 Industry and Trade,
Minister for Mineral Resources Development,
Minister for Urban Development and Planning since 23 March 2005)

The Hon. Sandra Myrtho KANCK, Dip.T.

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

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

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
(Minister for Mental Health and Substance Abuse since 4 November 2005,
Minister for Emergency Services since 23 March 2005,
Minister Assisting in Regional Health since 4 November 2005,
Minister Assisting the Minister for Industry and Trade since 23 March 2005)

OFFICERS OF THE LEGISLATIVE COUNCIL
___________

PRESIDENT
	The Hon. Ronald Roy ROBERTS, M.L.C.
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, B.A.

COMMITTEES
___________

COMMITTEES APPOINTED UNDER PARLIAMENTARY COMMITTEES ACT 1991 INCLUSIVE OF LEGISLATIVE COUNCIL MEMBERS ___________
ENVIRONMENT, RESOURCES AND DEVELOPMENT COMMITTEE
	Appointed 7 May 2002
		The Hon G E Gago MLC The Hon S M Kanck MLC The Hon D W Ridgway MLC	Ms L R Breuer MP The Hon M Buckby MP Mr T Koutsantonis MP
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
Committee Secretary: Mr. G. Kosmas, B.Arch.St., B.A.(Hons.), LL.B., G.D.L.P.
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 Ms P L White MP*
*Appointed 1 June 2005 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 A J Redford MLC The Hon N Xenophon MLC*	Mr P Caica MP Mr K Hanna MP The Hon D C Kotz MP**
*Appointed 12 April 2005 **Appointed 12 September 2005 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 Industry and Trade) The Hon I Gilfillan MLC The Hon R D Lawson MLC	The Hon M J Atkinson MP (Attorney-General) Dr D McFetridge MP Mr J R Rau MP
Committee Secretary: Mr. T. R. Blowes, B.A.
NATURAL RESOURCES COMMITTEE
	Appointed 3 December 2003
		The Hon S M Kanck MLC The Hon C V Schaefer MLC The Hon R K Sneath MLC	Mr P Caica MP Ms V Ciccarello MP Mr J R Rau MP* Mr M Williams MP
*Appointed 14 September 2004 Committee Secretary: Mr. K. Cudarans
COMMITTEE APPOINTED UNDER ABORIGINAL LANDS PARLIAMENTARY STANDING COMMITTEE ACT 2003 ___________
ABORIGINAL LANDS PARLIAMENTARY STANDING COMMITTEE
	Appointed 22 October 2003
		The Hon T G Roberts MLC (Minister for Aboriginal Affairs and Reconciliation) The Hon J M Gazzola MLC The Hon R D Lawson MLC The Hon K J Reynolds MLC	Ms L R Breuer MP Mr K Hanna MP Dr D McFetridge MP
Executive/Research Officer: Mr. J. Nicholls, B.A.(Hons.)
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 I Venning MP*
*Appointed 4 April 2005
SESSIONAL COMMITTEES ___________
STANDING ORDERS COMMITTEE
	Appointed 14 September 2004
		The President (The Hon R R Roberts MLC) The Hon P Holloway MLC (Minister for Industry and Trade)	The Hon R D Lawson MLC The Hon R I Lucas MLC The Hon C Zollo MLC (Minister for Mental Health and Substance Abuse)
PRINTING COMMITTEE
	Appointed 14 September 2004
		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
SELECT COMMITTEES ___________
ALLEGEDLY UNLAWFUL PRACTICES RAISED IN THE AUDITOR-GENERAL’S ANNUAL REPORT, 2003-2004
	Appointed 10 November 2004
		The Hon P Holloway MLC (Minister for| Industry and Trade) The Hon T G Cameron MLC	The Hon R I Lucas MLC The Hon D W Ridgway MLC The Hon R K Sneath MLC
ASSESSMENT AND TREATMENT SERVICES FOR PEOPLE WITH MENTAL HEALTH DISORDERS
	Appointed 6 April 2005
		The Hon C Zollo MLC (Minister for| Emergency Services) The Hon A L Evans MLC	The Hon G E Gago MLC The Hon JMA Lensink MLC The Hon A J Redford MLC
Interim Report after Prorogation, 16 February 2006
ATKINSON/ASHBOURNE/CLARKE AFFAIR
	Appointed 7 July 2005
		The Hon P Holloway MLC (Minister for| Industry and Trade) The Hon S M Kanck MLC	The Hon R D Lawson MLC The Hon R I Lucas MLC The Hon R K Sneath MLC
COLLECTION OF PROPERTY TAXES BY STATE AND LOCAL GOVERNMENT, INCLUDING SEWERAGE CHARGES BY SA WATER
	Appointed 6 July 2005
		The Hon G E Gago MLC The Hon J M Gazzola MLC The Hon R I Lucas MLC	The Hon J F Stefani MLC The Hon N Xenophon MLC
ELECTRICITY INDUSTRY IN SOUTH AUSTRALIA
	Appointed 3 December 2003
		The Hon P Holloway MLC (Minister for Industry and Trade) The Hon S M Kanck MLC The Hon R I Lucas MLC	The Hon R K Sneath MLC The Hon T J Stephens MLC The Hon N Xenophon MLC
LOCAL GOVERNMENT (LOCHIEL PARK LANDS) AMENDMENT BILL 2005
	Appointed 10 November 2005
		The Hon P Holloway MLC (Minister for Industry and Trade) The Hon G E Gago MLC	The Hon R I Lucas MLC The Hon J F Stefani MLC The Hon N Xenophon MLC
Reported 21 November 2005
MOUNT GAMBIER DISTRICT HEALTH SERVICE
	Appointed 15 October 2003
		The Hon T G Roberts MLC (Minister for Aboriginal Affairs and Reconciliation) The Hon G E Gago MLC	The Hon S M Kanck MLC The Hon A J Redford MLC The Hon D W Ridgway MLC
Interim Report after Prorogation, 14 February 2006
NARACOORTE TOWN SQUARE BILL 2005
	Appointed 5 May 2005
		The Hon C Zollo MLC (Minister for Emergency Services) The Hon JSL Dawkins MLC	The Hon I Gilfillan MLC The Hon D W Ridgway MLC The Hon R K Sneath MLC
Reported 23 May 2005
REFINING, STORAGE AND SUPPLY OF FUEL IN SOUTH AUSTRALIA
	Appointed 9 November 2005
		The Hon T G Roberts MLC (Minister for Aboriginal Affairs and Reconciliation The Hon J M Gazzola MLC The Hon A J Redford MLC	The Hon K J Reynolds MLC The Hon T J Stephens MLC The Hon N Xenophon MLC
Interim Report after Prorogation, 14 February 2006
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
THE OFFICES OF THE DIRECTOR OF PUBLIC PROSECUTION AND THE CORONER
	Appointed 2 June 2004
		The Hon I Gilfillan MLC The Hon R D Lawson MLC The Hon A J Redford MLC	The Hon R K Sneath MLC The Hon C Zollo MLC
THE ROLE AND ADEQUACY OF GOVERNMENT FUNDED NATIONAL BROADCASTING
	Appointed 31 March 2004
		The Hon JSL Dawkins MLC The Hon G E Gago MLC The Hon T J Stephens MLC	The Hon N Xenophon MLC The Hon C Zollo MLC
Reported 28 November 2005
THE STATUS OF FATHERS IN SOUTH AUSTRALIA
	Appointed 22 October 2003
		The JSL Dawkins MLC The Hon A L Evans MLC The Hon J M Gazzola MLC	The Hon JMA Lensink MLC The Hon K J Reynolds MLC The Hon C Zollo MLC
Reported 6 April 2005

LIST OF BILLS CONSIDERED BY LEGISLATIVE COUNCIL ___________
TOTAL NUMBER OF BILLS CONSIDERED BY LEGISLATIVE COUNCIL
		Legislative Council origin							40
		Bill Divided - Development (Sustainable Development) Amendment (No. 2)							1
		House of Assembly origin							85
		Bills restored in Legislative Council -
			Legislative Council origin:
					Children’s Protection (Mandatory Reporting) Amendment		1
					Correctional Services (Parole) Amendment		1
					Development (Protection of Solar Collectors) Amendment		1
					Industrial and Employee Relations (Prohibition Against Bargaining Service Fees) Amendment		1	4
			House of Assembly origin:
					Constitution (Oath of Allegiance) Amendment		1
					Criminal Law Consolidation (Abolition of the Drunk’s Defence) Amendment		1
					Medical Practice		1
					Professional Standards		1
					Stamp Duties (Miscellaneous) Amendment		1
					Statutes Amendment and Repeal (Aggravated Offences)		1
					Summary Offences (Tattooing and Piercing) Amendment		1
					Tobacco Products Regulation (Further Restrictions) Amendment		1	8	12
									138
TOTAL NUMBER OF BILLS PASSED BY BOTH HOUSES
		Legislative Council origin							11
			Bill Restored						1
		House of Assembly origin							81
			Bill Restored						6
									99
BILLS CONSIDERED BY COUNCIL WHICH HAVE NOT PASSED BOTH HOUSES
	Legislative Council origin:
		Asbestos (Protective Measures) - lapsed in Council. Bail (Limitation on Bail Authority’s Discretion) Amendment - lapsed in Council. Casino (Underage Gambling) Amendment - lapsed in Council. Criminal Law Consolidation (Bribery and Corruption) Amendment - lapsed in Council. Crown Lands (Prescribed Shack Sites) Amendment - lapsed in House of Assembly. Development (Sustainable Development) Amendment (No. 2) Divided Bill - lapsed in Council. Equal Opportunity - lapsed in Council. Evidence (Retrial of Sexual Offences) Amendment - lapsed in Council. Fisheries (Prohibition of Net Fishing in Gulf St. Vincent) Amendment - negatived in Council. Gaming Machines (Prohibition from Council Area following Referendum) Amendment - lapsed in Council. Human Rights - negatived in Council. Human Rights Monitors - negatived in Council. Independent Commission Against Crime and Corruption - negatived in Council. Land and Business (Sale and Conveyancing) (Property Inspections) Amendment - lapsed in Council. Liability of Directors (Asbestos Related Illnesses) - lapsed in Council. Listening and Surveillance Devices (Visual Surveillance) Amendment - lapsed in Council. Midwives - lapsed in Council. National Electricity (South Australia) (New National Electricity Law) Amendment - withdrawn in Council. Occupational Health, Safety and Welfare (Industrial Manslaughter) Amendment - lapsed in Council. Pitjantjatjara Land Rights (Regulated Substances) Amendment - lapsed in House of Assembly. Public Finance and Audit (Auditor-General’s Powers) Amendment - lapsed in Council. Statutes Amendment (Prohibition on Minors Participating in Lotteries) - lapsed in Council. Statutes Amendment (Relationships) - withdrawn in Council. Statutes Amendment (Relationships) - lapsed in House of Assembly. Subordinate Legislation (Disallowance and Variation) Amendment - lapsed in Council. Summary Offences (Ticket Scalping) Amendment - lapsed in Council. Upper South East Dryland Salinity and Flood Management (Natural Resources Committee) Amendment - lapsed in Council. Whistleblowers Protection (Reporting Obligation) Amendment - lapsed in Council. Workers Rehabilitation and Compensation (Third Party Liability) Amendment - negatived in Council. Workplace Privacy - lapsed in Council.
				Restored Bills in Legislative Council:
						Children’s Protection (Mandatory Reporting) Amendment - lapsed in House of Assembly. Development (Protection of Solar Collectors) Amendment - lapsed in Council. Industrial and employee Relations (Prohibition Against Bargaining Service Fee) Amendment - lapsed in Council.
	House of Assembly origin:
		Motor Vehicles (Double Demerit Points) Amendment - negatived in Council. Parliamentary Committees (Public Works) Amendment - lapsed in House of Assembly. Special Commission of Inquiry (Powers and Immunities) - lapsed in House of Assembly. Victims of Crime (Legal Costs and Disbursements) Amendment - lapsed in Council.
				Restored Bills in Legislative Council:
						Constitution (Oath of Allegiance) Amendment - lapsed in Council. Summary Offences (Tattooing and Piercing) Amendment - lapsed in House of Assembly.

SITTINGS OF COUNCIL
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The Council met on 90 days and sat for a total number of 591 hours 44 minutes.

LIST OF BILLS WHICH PASSED BOTH
HOUSES OF PARLIAMENT
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ORIGINATED IN THE LEGISLATIVE COUNCIL
	Bill No.	Act No.
Adelaide Park Lands	103, 103A	69 of 2005
Broken Hill Proprietary Company’s Steel Works Indenture (Environmental Authorisation) Amendment	96	48 of 2005
Corporations (Commonwealth Powers) (Extension of Period of References) Amendment	106	59 of 2005
Correctional Services (Miscellaneous) Amendment	11, 11A	1 of 2005
Correctional Services (Parole) Amendment	8, 8A	46 of 2005
Development (Miscellaneous) Amendment	68, 68A, 68B	79 of 2005
Dust Diseases	127, 127A	78 of 2005
First Home Owner Grant (Miscellaneous) Amendment	18	49 of 2004
Petroleum (Submerged Lands) (Miscellaneous) Amendment	14	50 of 2004
Pitjantjatjara Land Rights (Miscellaneous) Amendment	100, 100A	52 of 2005
Statutes Amendment (Intervention Programs and Sentencing Procedures)	50, 50A	49 of 2005
Superannuation Funds Management Corporation of South Australia (Miscellaneous) Amendment	26, 26A	44 of 2005

ORIGINATED IN THE HOUSE OF ASSEMBLY
	Bill No.	Act No.
Acts Interpretation (Gender Balance) Amendment	46	7 of 2005
Acts Interpretation (Miscellaneous) Amendment	60	13 of 2005
Adelaide Dolphin Sanctuary	41, 41A	5 of 2005
Ambulance Services (SA Ambulance Service Inc) Amendment	87, 87A	33 of 2005
ANZAC Day Commemoration	70	12 of 2005
Appropriation	89	37 of 2005
Botanic Gardens and State Herbarium (Lighting of Fires) Amendment	135	72 of 2005
Cape Jaffa Lighthouse Platform (Civil Liability)	122	66 of 2005
Carers Recognition	112	55 of 2005
Children’s Protection (Keeping Them Safe) Amendments	95, 95A	76 of 2005
Chiropractic and Osteopathy Practice	71, 71A	30 of 2005
Citrus Industry	91, 91A	42 of 2005
Classification (Publications, Films and Computer Games) (Types of Classifications) Amendment	44	2 of 2005
Commission of Inquiry (Children in State Care) (Miscellaneous) Amendment	22	43 of 2004
Controlled Substances (Repeal of Sunset Provision) Amendment	31	48 of 2004
Controlled Substances (Serious Drug Offences) Amendment	125, 125A	80 of 2005
Criminal Assets Confiscation	52, 52A	19 of 2005
Criminal Law Consolidation (Abolition of the Drunk’s Defence) Amendment	4, 4A	40 of 2004
Criminal Law Consolidation (Child Pornography) Amendment	38	52 of 2004
Criminal Law Consolidation (Criminal Neglect) Amendment	40	4 of 2005
Criminal Law Consolidation (Instruments of Crime) Amendment	107	63 of 2005
Defamation	102	50 of 2005
Dog Fence (Miscellaneous) Amendment	101	45 of 2005
Education (Extension) Amendment	81, 81A	34 of 2005
Electrical Products (Expiation Fees) Amendment	109	54 of 2005
Environment Protection (Miscellaneous) Amendment	43, 43A	21 of 2005
Fire and Emergency Services	61, 61A	40 of 2005
Gaming Machines (Miscellaneous) Amendment	21, 21A	46 of 2004
Guardianship and Administration (Miscellaneous) Amendment	114, 114A	73 of 2005
Heritage (Beechwood Garden) Amendment	62	38 of 2005
Heritage (Heritage Directions) Amendment	82, 82A	39 of 2005
Industrial Law Reform (Enterprise and Economic Development − Labour Market Relations)	30, 30A	3 of 2005
Justices of the Peace	105, 105A	56 of 2005
Law Reform (Contributory Negligence and Apportionment of Liability) (Proportionate Liability) Amendment	74, 74A	32 of 2005
Liquor Licensing (Exemption for Tertiary Institutions) Amendment	116	57 of 2005
Local Government (Financial Management and Rating) Amendment	104, 104A	60 of 2005
Local Government (Lochiel Park Lands) Amendment	117, 117A	68 of 2005
Maritime Services (Access) (Functions of Commission) Amendment	111	47 of 2005
Medical Practice	9, 9A	53 of 2004
Mile End Underpass	130	65 of 2005
Mining (Royalty) Amendment	76	17 of 2005
Mining (Royalty No. 2) Amendment	123	61 of 2005
Motor Vehicles (Fees) Amendment	39	54 of 2004
Motor Vehicles (Licences and Learner’s Permits) Amendment	56	10 of 2005
Naracoorte Town Square	77, 77A	18 of 2005
National Electricity (South Australia) (New National Electricity Law) Amendment	54	14 of 2005
Oaths (Abolition of Proclaimed Managers) Amendment	58	8 of 2005
Oaths (Judicial Officers) Amendment	27	44 of 2004
Occupational Health, Safety and Welfare (Safework SA) Amendment	67, 67A	41 of 2005
Occupational Therapy Practice	108	51 of 2005
Parliamentary Remuneration (Restoration of Provisions) Amendment	28	47 of 2004
Parliamentary Superannuation (Scheme for New Members) Amendment	53, 53A	43 of 2005
Partnerships (Venture Capital Funds) Amendment	59	15 of 2005
Physiotherapy Practice	57, 57A	26 of 2005
Podiatry Practice	45, 45A	9 of 2005
Primary Produce (Food Safety Schemes) (Miscellaneous)	64	11 of 2005
Professional Standards	5, 5A	45 of 2004
Public Sector Management (Chief Executive Accountability) Amendment	55, 55A	25 of 2005
Railways (Operation and Access) (Regulator)	63	16 of 2005
Recreational Services (Limitation of Liability) (Miscellaneous)	86	27 of 2005
Retirement Villages (Miscellaneous) Amendment	132	67 of 2005
River Murray (Miscellaneous) Amendment	124	58 of 2005
Road Traffic (Drug Driving) Amendment	121, 121A	77 of 2005
Road Traffic (Excessive Speed) Amendment	75	23 of 2005
Stamp Duties (Miscellaneous) Amendment	6	41 of 2004
Statutes Amendment (Budget 2005)	88	28 of 2005
Statutes Amendment (Criminal Procedure)	137, 137A	74 of 2005
Statutes Amendment (Drink Driving)	42, 42A	6 of 2005
Statutes Amendment (Environment and Conservation Portfolio)	69, 69A	20 of 2005
Statutes Amendment (Legal Assistance Costs)	32	55 of 2004
Statutes Amendment (Liquor, Gambling and Security Industries)	49, 49A	22 of 2005
Statutes Amendment (Local Government Elections)	79, 79A	35 of 2005
Statutes Amendment (Miscellaneous Superannuation Measures No. 2)	29	51 of 2004
Statutes Amendment (Misuse of Motor Vehicles)	20, 20A	56 of 2004
Statutes Amendment and Repeal (Aggravated Offences)	3, 3A	62 0f 2005
Statutes Amendment (Sentencing of Sex Offenders)	78	31 of 2005
Statutes Amendment (Transport Portfolio)	110	53 of 2005
Statutes Amendment (Universities)	80	29 of 2005
Statutes Amendment (Vehicle and Vessel Offences)	133	81 of 2005
Supply	73	24 of 2005
Teachers Registration and Standards	33, 33A	57 of 2004
Terrorism (Police Powers)	129, 129A	70 of 2005
Terrorism (Preventative Detention)	136	71 of 2005
Tobacco Products Regulation (Further Restrictions) Amendment	7, 7A	42 of 2004
Transplantation and Anatomy (Post-Mortem Examinations) Amendment	131, 131A	75 of 2005
Trustee Companies (Elders Trustees Limited) Amendment	92	36 of 2005
Victoria Square	118	64 of 2005

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
Adelaide Park Lands	8	-	-	-	-	-	-
Children’s Protection (Mandatory Reporting) Amendment	2	4	4	-	-	-	Lapsed in House of Assembly.
Correctional Services (Miscellaneous) Amendment	6	-	-	-	-	-	-
Correctional Services (Parole) Amendment	7	3	-	3	-	-	Conference - Agreement reached.
Development (Sustainable Development) Amendment (No. 1)	21	9	1	8	8	-	-
Dust Diseases	3	15	15	-	-	-	-
Pitjantjatjara Land Rights (Miscellaneous) Amendment	5	5	5	-	-	-	-
Pitjantjatjara Land Rights (Regulated Substances) Amendment	3	3	-	3	-	-	Lapsed in House of Assembly.
Statutes Amendment (Intervention Programs and Sentencing Procedures)	1	-	-	-	-	-	-
Statutes Amendment (Relationships)	276	-	-	-	-	-	Lapsed in House of Assembly.
Superannuation Funds Management Corporation of South Australia (Miscellaneous) Amendment	4	-	-	-	-	-	-
Workers Rehabilitation and Compensation (Third Party Liability) Amendment Bill	1	-	-	-	-	-	Third Reading Negatived in L.C.

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
Adelaide Dolphin Sanctuary	2	2	-	-	-	-
Ambulance Services (SA Ambulance Service Inc.) Amendment	4	4	-	-	-	-
Children’s Protection (Keeping Them Safe) Amendment	34	31	3	-	3	Conference - Agreement reached.
Chiropractic and Osteopathy Practice	1	1	-	-	-	-
Citrus Industry	6	6	-	-	-	-
Controlled Substances (Serious Drug Offences) Amendment	18	18	-	-	-	-
Criminal Assets Confiscation	4	4	-	-	-	-
Criminal Law Consolidation (Abolition of the Drunk’s Defence) Amendment	1	1	-	-	-	-
Education (Extension) Amendment	1	-	1	1	-	-
Environment Protection (Miscellaneous) Amendment	12	12	-	-	-	-
Fire and Emergency Services	26	16	10 4 with alternative amendments and agreed to by L.C.	10	-	-
Gaming Machines (Miscellaneous) Amendment	11 3 suggested	10 1 with an amendment and agreed to by L.C. 1 suggested	2 suggested with amendments in lieu thereof and agreed to by L.C.	-	-	-
Guardianship and Administration (Miscellaneous) Amendment	1	1	-	-	-	-
Heritage (Heritage Directions) Amendment	3	3	-	-	-	-
Industrial Law Reform (Enterprise and Economic Development - Labour Market Relations)	45	45	-	-	-	-
Justices of the Peace	4	3 1 with amendment and agreed to by L.C.
Law Reform (Contributory Negligence and Apportionment of Liability) (Proportionate Liability) Amendment	1	1	-	-	-	-
Local Government (Financial Management and Rating) Amendment	11	11	-	-	-	-
Local Government (Lochiel Park Lands) Amendment	11	11	-	-	-	-
Medical Practice	55	54	1	1	-	-
Naracoorte Town Square	1	1	-	-	-	-
Occupational Health, Safety and Welfare (Safework SA) Amendment	120	120	-	-	-	-
Parliamentary Committees (Public Works) Amendment	6	4	2	-	2	Lapsed in House of Assembly.
Parliamentary Superannuation (Scheme for New Members) Amendment	10	10	-	-	-	-
Physiotherapy Practice	6	6	-	-	-	-
Podiatry Practice Bill	7	7	-	-	-	-
Public Sector management (Chief Executive Accountability) Amendment	1	1	-	-	-	-
Road Traffic (Drug Driving) Amendment	12	12	-	-	-	-
Special Commission of Inquiry (Powers and Immunities)	6	-	6	-	6	Lapsed in House of Assembly.
Statutes Amendment (Criminal Procedure)	9	9	-	-	-	-
Statutes Amendment (Drink Driving)	3	3	-	-	-	-
Statutes Amendment (Environment and Conservation Portfolio)	1	1	-	-	-	-
Statutes Amendment (Liquor, Gambling and Security Industries)	16	16	-	-	-	-
Statutes Amendment (Local Government Elections)	8	8	-	-	-	-
Statutes Amendment (Misuse of Motor Vehicles)	2	2	-	-	-	-
Statutes Amendment and Repeal (Aggravated Offences)	10	9	1	-	1	Conference - Agreement reached.
Summary Offences (Tattooing and Piercing) Amendment	3	-	-	-	-	Lapsed in House of Assembly.
Teachers Registration and Standards	2	2	-	-	-	-
Terrorism (Police Powers)	5	4 1 with amendment and agreed to by L.C.				-
Tobacco Products Regulation (Further Restrictions) Amendment	7	7	-	-	-	-
Transplantation and Anatomy (Port-Mortem Examinations) 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 J M Gazzola, 15 September 2004. Seconded by The Hon G E Gago, 15 September 2004. Adopted and presented to Her Excellency The Governor on 12 October 2004.
PRESIDENT OF THE LEGISLATIVE COUNCIL - RULINGS AND STATEMENTS -
	Rulings -
		Document be not Tabled, 5 April 2005.
		Members’ Dress Code, 13 September 2005.
	Statements -
		Allegation that reflect on a Committee Member, 10 November 2005.
		Chairperson’s - re Council Powers, 24 November 2004.
		Citizen’s Right of Reply -
			Councillor Tolley Wasylenko, 1 December 2005.
			Deputy Presiding Member of the Parole Board of South Australia, 9 December 2004, 7 February 2005.
			Naracoorte/Lucindale Council, 26 October 2004.
			Ms Anna Rau, 30 November 2005.
		Conduct of Committees, 12 September 2005.
		Hansard Alterations, 10 November 2005.
		Identical Bills in both Houses, 17 February 2005.
		Opinion tabled by The Hon The Speaker, 13 October 2004.
		Tabling of Ministerial Statement revoked, 24 November 2005.
CONDOLENCE MOTIONS -
	Bushfires on Lower Eyre Peninsula -
		Motion moved by the Minister for Industry and Trade and carried in silence, 7 February 2005.
	Tsunami in Southern Asia -
		Motion moved by the Minister for Industry and Trade and carried in silence, 8 February 2005.
	Death of The Hon G A Bywaters -
		Motion of regret moved by the Minister for Industry and Trade and carried in silence, 8 November 2004.
	Death of former Senator Janine Haines -
		Motion of regret moved by the Minister for Industry and Trade and carried in silence, 22 November 2004.
	Death of the Pontiff, His Holiness Pope John Paul II -
		Motion of regret moved by the Minister for Industry and Trade and carried in silence, 5 April 2005.
	Death of The Hon D McKee -
		Motion of regret moved by the Minister for Industry and Trade and carried in silence, 5 May 2005.
	Death of The Hon T Chapman -
		Motion of regret moved by the Minister for Industry and Trade and carried in silence, 12 September 2005.
	Death of former Senator Dame Nancy Buttfield -
		Motion of regret moved by the Minister for Industry and Trade and carried in silence, 13 September 2005.
	Death of The Hon J C Irwin -
		Motion of regret moved by the Minister for Industry and Trade and carried in silence, 9 November 2005.
GOVERNMENT MOTIONS -
	Botanic Gardens and State Herbarium Act - Section 14 - Leasing of “Tram Barn A” to University of Adelaide -
		Moved by the Minister for Aboriginal Affairs and Reconciliation and agreed to, 22 November 2005.
	Citizen’s Right of Reply -
		Moved by the Minister for Industry and Trade and agreed to, 15 September 2004.
	Electoral Commissioner - Ms K Mousley - Appointment of -
		Moved by the Minister for Industry and Trade and agreed to, 6 July 2005.
	Messages and Bills from the House of Assembly be delivered by alternative means -
		Moved by the Minister for Industry and Trade and agreed to, 14 April 2005.
	Monday Sittings -
		Moved by the Minister for Industry and Trade, 15 September 2004 and agreed to, 16 September 2004.
	National Parks and Wildlife Act - Proclamation - Innamincka Regional Reserve and Coongie Lakes National Park -
		Moved by the Minister for Aboriginal Affairs and Reconciliation, 10 December 2004 and agreed to, 9 February 2005.
SELECT COMMITTEES - COUNCIL -
	Allegedly Unlawful Practices raised in the Auditor-General’s Annual Report, 2003-2004 -
		Moved by the The Hon R I Lucas, 27 October 2004, amendments moved by The Hon S M Kanck, amendments agreed to, motion, as amended, agreed to, 10 November 2004.
		Extension of time for bringing up Report - moved by the Minister Industry and Trade and agreed to, 14 September 2004, 8 December 2004, 9 February 2005, 6 July 2005, 30 November 2005.
		Power to sit during the recess - moved by The Hon R I Lucas and agreed to, 1 December 2005.
		On presentation to President, Report of Committee to be authorised to be published and distributed - moved by the Hon R I Lucas and agreed to, 1 December 2005.
	Assessment and Treatment Services for People with Mental Health Disorders -
		Moved by The Hon JMA Lensink, 25 November 2004, amendment moved by The Hon A L Evans, amendment agreed to, motion, as amended, agreed to, 6 April 2005.
		Extension of time for bringing up Report - moved by the Minister for Mental Health and Substance Abuse, 6 July 2005, 30 November 2005.
		Power to sit during the recess - moved by The Hon R I Lucas and agreed to, 1 December 2005.
		On presentation to President, Report of Committee to be authorised to be published and distributed - moved by the Hon R I Lucas and agreed to, 1 December 2005.
	Atkinson/Ashbourne/Clarke Affair -
		Moved by The Hon R D Lawson, amendment moved by The Hon S M Kanck, amendment agreed to, motion, as amended, agreed to, 7 July 2005.
		Special Report brought up, 12 September 2005.
		Special Report noted - moved by The Hon S M Kanck, 14 September, 2005. (Motion lapsed due to Prorogation)
		Extension of time for bringing up Report - moved by the Minister for Industry, Trade and Regional Development and agreed to, 30 November 2005.
		Power to sit during the recess - moved by the Hon R I Lucas and agreed to, 1 December 2005.
		On presentation to President, Report of Committee to be authorised to be published and distributed - moved by the Hon R I Lucas and agreed to, 1 December 2005.
	Collection of Property Taxes by State and Local Government, including Sewerage Charges by SA Water -
		Moved by The Hon R I Lucas, and agreed to, 6 July 2005.
		Extension of time for bringing up Report - moved by the Hon J M Gazzola and agreed to, 30 November 2005.
		Power to sit during the recess - moved by the Hon R I Lucas and agreed to, 1 December 2005.
		On presentation to President, Report of Committee to be authorised to be published and distributed - moved by the Hon R I Lucas and agreed to, 1 December 2005.
	Electricity Industry in South Australia -
		Power to sit during the present Session - moved by the Minister for Industry and Trade and agreed to, 14 September 2004.
		Extension of time for bringing up Report - moved by the Minister Industry and Trade and agreed to, 14 September 2004, 8 December 2004, 9 February 2005, 6 July 2005, 30 November 2005.
		Interim Report brought up - 30 November 2005.
		Interim Report noted - moved by The Hon R I Lucas, 30 November 2005. (Motion lapsed due to Prorogation)
		Power to sit during the recess - moved by The Hon R I Lucas and agreed to, 1 December 2005.
		On presentation to President, Report of Committee to be authorised to be published and distributed - moved by the Hon R I Lucas and agreed to, 1 December 2005.
	Local Government (Lochiel Park Lands) Amendment Bill 2005 -
		President ruled Bill as Hybrid Bill which must be referred to Select Committee.
		Appointed, 10 November 2005.
		Report brought up, 21 November 2005.
	Mount Gambier District Health Service -
		Power to sit during the present Session - moved by the Minister for Aboriginal Affairs and Reconciliation and agreed to, 14 September 2004.
		Extension of time for bringing up Report - moved by the Minister for Aboriginal Affairs and Reconciliation and agreed to, 14 September 2004, 8 December 2004, 9 February 2005, 6 July 2005, 30 November 2005.
		Power to sit during the recess - moved by the Hon R I Lucas and agreed to, 1 December 2005.
		On presentation to President, Report of Committee to be authorised to be published and distributed - moved by the Hon R I Lucas and agreed to, 1 December 2005.
	Naracoorte Town Square Bill 2005 -
		President ruled Bill as Hybrid Bill which must be referred to Select Committee.
		Appointed, 5 May 2005.
		Report brought up, 23 May 2005.
	Offices of the Director of Public Prosecutions and the Coroner -
		Power to sit during the present Session - moved by The Hon I Gilfillan and agreed to, 14 September 2004.
		Extension of time for bringing up Report - moved by The Hon I Gilfillan and agreed to, 14 September 2004, 8 December 2004, 9 February 2005, 6 July 2005, 30 November 2005.
	Refining, Storage and Supply of Fuel in South Australia -
		Moved by The Hon N Xenophon, 19 October 2005, amendments moved by The Hon A J Redford, amendments agreed to, motion as amended agreed to, 9 November 2005.
		Extension of time for bringing up Report - moved by the Minister for Aboriginal Affairs and Reconciliation and agreed to, 30 November 2005.
		Power to sit during the recess - moved by the Hon R I Lucas and agreed to, 1 December 2005.
		On presentation to President, Report of Committee to be authorised to be published and distributed - moved by the Hon R I Lucas and agreed to, 1 December 2005.
	Role and Adequacy of Government Funded National Broadcasting -
		Power to sit during the present Session - moved by the Hon N Xenophon and agreed to, 14 September 2004
		Extension of time for bringing up Report - moved by the Hon N Xenophon and agreed to, 14 September 2004, 8 December 2004, 9 February 2005, 6 July 2005.
		Report brought up, 28 November 2005.
		Report noted - moved by The Hon N Xenophon and agreed to, 30 November 2005.
	Staffing, Resourcing and Efficiency of the South Australia Police -
		Power to sit during the present Session - moved by The Hon R K Sneath and agreed to, 14 September 2004.
		Extension of time for bringing up Report - moved by The Hon R K Sneath and agreed to, 14 September 2004, 8 December 2004, 9 February 2005, 6 July 2005, 30 November 2005.
		Interim report brought up, 30 November 2005.
		Interim Report noted - moved by The Hon R K Sneath and agreed to, 30 November 2005.
	Status of Fathers in South Australia -
		Power to sit during the present Session - moved by The Hon J M Gazzola and agreed to, 14 September 2004.
		Extension of time for bringing up Report - moved by The Hon J M Gazzola and agreed to, 14 September 2004, 8 December 2004, 9 February 2005.
		Report brought up, 6 April 2005.
		Report noted - moved by the Minister for Emergency Services, 13 April 2005, and agreed to, 7 July 2005.
COMMITTEES - JOINT -
	Code of Conduct for Members of Parliament -
		Power to sit during present Session - moved by The Hon J M Gazzola, and agreed to, 14 September 2004.
		Report brought up, 26 October 2004.
		Report noted - moved by The Hon J M Gazzola, 27 October 2004, and agreed to, 9 December 2004.
	Statutory Officers -
		Report on the Appointment of Electoral Commissioner brought up, 6 July 2005.
		Recommendation of appointment to Office of the South Australian Electoral Commissioner, Ms K Mousley - moved by the Minister for Industry and Trade and agreed to, 6 July 2005.
		Report, 2004-2005 brought up, 30 November 2005.
MOTIONS FOR DISALLOWANCE OF REGULATIONS, RULES AND BY-LAWS -
	Moved by Member on own behalf -
		Fisheries Act - King George Whiting - Prescribed Quantities - Moved by The Hon C V Schaefer and agreed to, 28 October 2004.
	Moved by Member on behalf of Legislative Review Committee -
		Corporation of Kangaroo Island - By-law No.  5 - Dogs - Moved by The Hon J M Gazzola and agreed to, 6 July 2005.
		District Court Act - Regulations - Fees -- Moved by The Hon J M Gazzola and agreed to, 22 September 2004.
		Plumbers, Gasfitters and Electricians Act - Apprentices - Moved by The Hon J M Gazzola and agreed to, 8 December 2004.
		Superannuation Act - Commutation - Moved by The Hon J M Gazzola, 6 July 2005. (Motion lapsed due to Prorogation)
		Victims of Crime Act - Allowable Victim Compensation - Moved by The Hon J M Gazzola and agreed to, 13 October 2004.
		Victims of Crime Act - Statutory Compensation - Moved by The Hon J M Gazzola, 2 March 2005. (Motion lapsed due to Prorogation)
PRIVATE MEMBERS' MOTIONS -
	Aboriginal Lands Parliamentary Standing Committee Report 2003-2004 - Noting of -
		Moved by the Minister for Aboriginal Affairs and Reconciliation, 27 October 2004 and agreed to 10 November 2004.
	Aboriginal Lands Parliamentary Standing Committee Report 2004-2005 - Noting of -
		Moved by the Minister for Aboriginal Affairs and Reconciliation and agreed to, 23 November 2005.
	Adelaide Symphony Orchestra -
		Moved by The Hon S M Kanck, 13 April 2005. (Motion lapsed due to Prorogation)
	Appointments to Executive Committee of State Labor Cabinet -
		Moved by The Hon J F Stefani, 25 May 2005. (Motion lapsed due to Prorogation)
	Atkinson /Ashbourne/Clarke Inquiry, Matters concerning Conducting of -
		Moved by The Hon S M Kanck and agreed to, 27 June 2005.
	Auditor-Generals Report 2003-2004 - noting of -
		Moved by The Hon R I Lucas, 13 October 2004. (Motion lapsed due to Prorogation)
	Comments made by Attorney-General -
		Moved by The Hon S M Kanck, amendment moved by The Hon R D Lawson, 30 November 2005. Amendment agreed to, motion, as amended, agreed to, 1 December 2005.
	Death Sentence for Mr Van Tuong Nguyen -
		Moved by The Hon S M Kanck and agreed to, 9 November 2005.
	Department of Correctional Services - Disturbing Matters since December 2002 -
		Moved by The Hon A J Redford, 2 March 2004, amendment moved by The Hon I Gilfillan, amendment agreed to, motion, as amended, agreed to, 5 July 2005.
	Development Plan Amendment - Central Waste Precinct Strategic Urban Renewal -
		Motion for disallowance of moved by The Hon G E Gago, 30 November 2005. (Motion lapsed due to Prorogation)
	Environment, Resources and Development Committee - Report on Eyre Peninsula Bushfire and Native Vegetation - Noting of -
		Moved by The Hon G E Gago, 30 November 2005. (Motion lapsed due to Prorogation)
	Environment, Resources and Development Committee - Report on Marine Protected Areas - Noting of -
		Moved by The Hon G E Gago, 19 October 2005 and agreed to, 1 December 2005.
	Environment, Resources and Development Committee - Report on Plastic Bags - Noting of -
		Moved by The Hon G E Gago, 6 April 2005 and agreed to, 4 May 2005.
	Environment, Resources and Development Committee - Report on Upper South-East Dryland Salinity and Flood Management Act 2002, for July 2003-July 2004 - Noting of -
		Moved by The Hon G E Gago, 30 November 2005. (Motion lapsed due to Prorogation)
	Environment, Resources and Development Committee - Report on Waste Management - Noting of -
		Moved by The Hon G E Gago, 8 December 2004 and agreed to, 13 April 2005.
	Ex Gratia Payment to Kevin Warren of Eyreial Ag Services -
		Moved by The Hon I Gilfillan, 6 July 2005 and agreed to, 29 October 2005.
	Gender Equality and Poverty -
		Moved by The Hon S M Kanck, 19 October 2005. (Motion lapsed due to Prorogation)
	Government to Report on Implementation of Recommendation 1 of the Social Development Committee’s Poverty Inquiry -
		Moved by The Hon K J Reynolds, 1 June 2005 and agreed to, 7 July 2005.
	Hon Rory McEwen and the Needs of all Rural and Regional South Australians -
		Moved by The Hon D W Ridgway, 7 July 2005. (Motion lapsed due to Prorogation)
	Independent Inquiry into Response by Emergency Services to Eyre Peninsula Bushfires -
		Moved by The Hon I Gilfillan, 16 February 2005. (Motion lapsed due to Prorogation)
	International Day of Disabled Persons -
		Moved by The Hon K J Reynolds, 8 December 2004 and agreed to, 3 March 2005.
	International Pokies Impact Conference -
		Moved by The Hon R I Lucas, by leave and at the request of The Hon N Xenophon, and agreed to, 30 November 2005.
	Leave for Select Committees to sit after Prorogation -
		Moved by The Hon R I Lucas and agreed to, 1 December 2005.
	Legislative Review Committee - Report on Fisheries (General) Variation Regulations 2005 - Noting of -
		Moved by The Hon J M Gazzola, 1 December 2005. (Motion lapsed due to Prorogation)
	Legislative Review Committee - Report on Suppression Orders - Noting of -
		Moved by The Hon J M Gazzola, 6 April 2005 and agreed to, 19 October 2005.
	Moratorium on Sale, Transfer or Disposal of Certain Land at Victor Harbor -
		Moved by The Hon S M Kanck, 30 November 2005. (Motion lapsed due to Prorogation)
	Natural Resources Committee to Inquire into Condition of Deep Creek -
		Moved by The Hon S M Kanck, 1 June 2005, and agreed to, 5 July 2005.
	Natural Resources Committee - Report on Eastern Mount Lofty Ranges Catchment Area - Noting of -
		Moved by The Hon R K Sneath, 13 April 2005 and agreed to, 29 June 2005.
	Natural Resources Committee - Report on Lower Murray Reclaimed Irrigation Areas - Noting of -
		Moved by The Hon R K Sneath and agreed to, 29 June 2005.
	Natural Resources Committee - Report on Meningie and Narrung Irrigators - Noting of -
		Moved by The Hon R K Sneath and agreed to, 29 June 2005.
	Natural Resources Committee - Report on Saline Water Disposal Basins in South Australia - Noting of -
		Moved by The Hon R K Sneath, 23 November 2005. (Motion lapsed due to Prorogation)
	Natural Resources Committee - Report 2004-2005 - Noting of -
		Moved by The Hon S M Kanck, 9 November 2005. (Motion lapsed due to Prorogation)
	Occupational Safety, Rehabilitation and Compensation Committee - Report on the Occupational Health, Safety and Welfare (SafeWork SA) Amendment Bill - Noting of -
		Moved by The Hon J M Gazzola, and agreed to, 16 February 2005.
	Occupational Safety, Rehabilitation and Compensation Committee - Report, 2003-2004 - Noting of -
		Moved by The Hon J M Gazzola, 8 December 2004 and agreed to, 16 February 2005.
	Operations and Management of the South Australian Water Corporation - Statutory Authorities Review Committee to inquire into -
		Moved by The Hon C V Schaefer, 8 December 2004 and agreed to, 14 September 2005.
	Petition to South Australian Government concerning new Hallett Cove Shopping Centre and Other Works -
		Moved by The Hon A J Redford, 14 September 2005, and agreed to, 19 October 2005.
	Pink Ribbon Day -
		Moved by The Hon C V Schaefer and agreed to, 28 October 2004.
	Reports of Select Committees presented to President to be authorised to be published -
		Moved by The Hon R I Lucas and agreed to, 1 December 2005.
	Services and Support for People with Disabilities - Social Development Committee to Inquire into -
		Moved by The Hon K J Reynolds, 25 May 2005, amendment moved by The Hon G E Gago and agreed to, motion, as amended, agreed to, 29 June 2005.
	Siting of Toxic Waste Dump in Victoria close to River Murray -
		Moved by The Hon JSL Dawkins, 9 November 2005 and agreed to, 30 November 2005.
	Social Development Committee - Report on Multiple Chemical Sensitivity, Noting of -
		Moved by The Hon G E Gago, 6 July 2005 and agreed to, 1 December 2005.
	Social Development Committee - Report on NHMRC Ethical Guidelines on the Use of Assisted Reproductive Technology in Clinical Practice and Research, 2004, Noting of -
		Moved by The Hon G E Gago, 23 November 2005 and agreed to, 30 November 2005.
	Social Development Committee - Report on Postnatal Depression - Noting of -
		Moved by The Hon G E Gago, 24 November 2004 and agreed to, 8 December 2004.
	Social Development Committee - Report on the Statutes Amendment (Relationships) Amendment Bill, Noting of -
		Moved by The Hon G E Gago, 25 May 2005 and agreed to, 21 September 2005.
	State Government Appointments made since March 2002 -
		Moved by The Hon R I Lucas, 9 February 2005. (Motion lapsed due to Prorogation)
	Statutory Authorities Review Committee - Interim Report on Nurses Board of South Australia, Noting of -
		Moved by The Hon R K Sneath and agreed to, 30 November 2005.
	Statutory Authorities Review Committee - Report 2003-2004, Noting of -
		Moved by The Hon R K Sneath, 13 October 2004 and agreed to, 9 November 2004

PETITIONS
___________

ABORTIONS IN SOUTH AUSTRALIA
	Praying that this Honourable House will do all in its power to ensure that abortions in South Australia continue to be safe, affordable, accessible and legal.
		Presented by The Hon. S. M. Kanck, 9 December 2004, 216 signatures.
		Presented by The Hon. S. M. Kanck, 10 February 2005, 536 signatures.
		Presented by The Hon. S. M. Kanck, 17 February 2005, 170 signatures.
		Presented by The Hon. S. M. Kanck, 7 April 2005, 224 signatures.
		Presented by The Hon. S. M. Kanck, 14 April 2005, 84 signatures.
		Presented by The Hon. S. M. Kanck, 5 May 2005, 38 signatures.
		Presented by The Hon. S. M. Kanck, 2 June 2005, 19 signatures.
		Presented by The Hon. S. M. Kanck, 30 June 2005, 70 signatures.
		Presented by The Hon. S. M. Kanck, 15 September 2005, 86 signatures.
		Presented by The Hon. S. M. Kanck, 24 November 2005, 53 signatures.
BLOOD DONOR COLLECTION IN THE STATE’S SOUTH EAST
	Praying that this Honourable House will do all in its power to ensure that a blood donor collection service is urgently reinstated for the people of the South-East.
		Presented by The Hon S M Kanck, 14 October 2004, 14,298 signatures.
		Presented by the Hon. S. M. Kanck, 28 October 2004, 114 signatures.
FALSE CLAIMS RE NARRINDJERI PEOPLE AND CULTURE
	Praying that this Honourable House will make an official apology to the Narrindjeri people which will then mark the beginning of a new process of healing and reconciliation for all South Australians.
		Presented by The Hon. S. M. Kanck, 7 April 2005, 21 signatures.
GENETICALLY MODIFIED CROPS MANAGEMENT ACT 20
	Praying that this Honourable House will amend the Genetically Modified Crops Management Act 2004 to remove section 6 of that Act.
		Presented by The Hon. I. Gilfillan, 14 October 2004, 38 signatures.
		Presented by The Hon. I. Gilfillan, 28 October 2004, 20 signatures.
		Presented by The Hon. I. Gilfillan, 11 November 2004, 79 signatures.
		Presented by The Hon. I. Gilfillan, 9 December 2004, 67 signatures.
		Presented by The Hon. I. Gilfillan, 7 April 2005, 32 signatures.
		Presented by The Hon. I. Gilfillan, 15 September 2005, 232 signatures.
		Presented by The Hon. I. Gilfillan, 20 October 2005, 58 signatures.
POLICING LEVELS AND FACILITIES FOR LOXTON
	Praying that this Honourable House will urge the State Government to not sell the existing Loxton Police Station situated on the main Loxton to Berri Road and to upgrade this facility to improve services.
		Presented by The Hon. J.S.L.Dawkins, 7 April 2005, 1,899 signatures.
POKER MACHINES IN COOBER PEDY
	Praying that this Honourable House will call on the Government to introduce legislation to enable all poker machines to be removed from Coober Pedy.
		Presented by The Hon. N. Xenophon, 7 July 2005, 945 signatures.
PROPOSED ALDINGA RESIDENTIAL DEVELOPMENT
	Praying that this Honourable House will impose a moratorium on this site to coincide with the 12 month moratorium placed on other local sites to enable thorough archaeological and environmental studies to be carried out before any developments are to proceed.
		Presented by the Hon. S. M. Kanck, 28 October 2004, 780 signatures.
PROPOSED ALDINGA RESIDENTIAL DEVELOPMENT
	Praying that this Honourable House will impose a 12 month moratorium on the residential development on the site at section 796 to coincide with the 12 month moratorium placed on all further residential developments in the Aldinga Bay area, in order to enable thorough archaeological and environmental studies to be carried out on section 796.
		Presented by the Hon. S. M. Kanck, 28 October 2004, 135 signatures.
RECONCILIATION FERRY
	Praying that this Honourable House 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 a reality.
		Presented by The Hon. S. M. Kanck, 28 October 2004, 30 signatures.
		Presented by The Hon. S. M. Kanck, 25 November 2004, 18 signatures.
		Presented by The Hon. S. M. Kanck, 7 April 2005, 21 signatures.
STATUTES AMENDMENT (RELATIONSHIPS) BILL 2004
	Praying that this Honourable House will not delay debate on the Statutes Amendment (Relationships) Bill 2004 by referring it to a Parliamentary Committee for another public inquiry, or should it do so, ensure that this inquiry is completed by March 2005 to enable sufficient time for debate on this important Bill when Parliament resumes.
		Presented by The Hon. K. J. Reynolds, 9 December 2004, 158 signatures.
TRANSPORT AND STORAGE OF RADIOACTIVE WASTE IN SOUTH AUSTRALIA
	Praying that this Honourable House 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, 25 November 2004, 9 signatures.
WOMEN PRESENTERS ON THE ABC
	Praying that this Honourable House will do all in its power to urge the ABC Adelaide management to redress the current imbalance and to encourage women into these roles.
		Presented by The Hon. S. M. Kanck, 14 April 2005, 84 signatures.

SYNOPSIS OF LEGISLATION
___________

ADELAIDE PARK LANDS BILL
	The purpose of the Adelaide Park Lands Bill 2005 is to protect and enhance the Adelaide Park Lands as a major identifying cultural icon and community asset of this city. The protection of the Park Lands is also part of a broader Government program to preserve and enhance open space in the metropolitan area generally.
	The Adelaide Park Lands Authority is created as a subsidiary of Adelaide City Council, with nominations shared between the Council and the Government. The Authority has the responsibility for developing a Management Strategy. The Authority has primarily a policy and oversight role; it is not charged with managing any part of the Park Lands. The Council and State authorities will retain their responsibilities for day-to-day management of areas under their care and control.
	A principle contained in the Bill is for the Park Lands, as a whole, to be held for the use and enjoyment of the public while recognising restrictions to public access exist in certain situations. However, the Management Strategy is required to explore options for increasing public access for recreational usage.
	The Bill reinforces the current Government’s policy of transferring alienated land back to park land usage in two ways. Firstly, the Management Strategy must report on the suitability of transferring alienated land to Council’s care and control and converting it to park land. Secondly, the Bill sets out a requirement for future Governments to report on and consult with the Council when alienated land is no longer required for its existing use by the occupying authority. Any subsequent transfer can then be implemented through an amendment to the Adelaide Park Lands Plan.
	The Bill also provides key consequential amendments to a range of other Acts, in particular the Development Act 1993 and the South Australian Motor Sport Act 1984. The changes to the former legislation will prevent future Governments using either the major project, crown development or electricity infrastructure development powers to provide Ministerial development approval within the Park Lands. The amendments to the South Australian Motor Sport Act 1984 include a requirement for the setting of prescribed works periods within which the Motor Sport Board may occupy the Park Lands in connection with setting up for a motor sport event and its subsequent dismantling. This and other amendments are designed to clarify and limit the capacity of the Board to occupy the Park Lands.
			(September 15, 20, November 9, 10, 22, 23 - Act No. 69 of 2005)
ASBESTOS (PROTECTIVE MEASURES) BILL
	The purpose of this Bill is to prevent asbestos exposure. It provides practical measures to ensure that South Australians are aware of the risks involved with asbestos exposure.
	The Bill will ensure that a hotline is established to provide members of the public and, in particular, home renovators with information and advice relating to the presence of asbestos in any premises. The hotline must be provided free of charge, it must operate during normal business hours and it must be staffed by people with appropriate knowledge and experience in dealing with asbestos in premises. The Bill provides for a number that is advertised widely throughout the State to let people know that this service exists so that they do not expose themselves or members of their family to asbestos. The Bill also provides for home inspection services so that, if need be, inspectors can visit a residence to advise as to whether or not material contains asbestos.
			(October 13 - Lapsed due to Prorogation)
BAIL (LIMITATIONS ON BAIL AUTHORITY'S DISCRETION) AMENDMENT BILL
	This Bill will preserve the existing presumption in favour of bail for most offences. However it will place hurdles in the path of a person who seeks to obtain bail when charged with certain offences.
	The Bill provides that bail is not to be granted unless the applicant establishes that there are exceptional reasons why bail should not be refused in cases of murder, serious drug trafficking offences against the South Australian Controlled Substances Act - in particular, section 32 of that Act, which makes it an offence to engage in the illicit manufacture, sale or possession of drugs of dependence or prohibited substances of significant quantities where a term of imprisonment may be imposed—and drug trafficking offences under the Commonwealth Customs Act.
			(December 8 - Lapsed due to Prorogation)
BROKEN HILL PROPRIETARY COMPANY'S STEEL WORKS INDENTURE (ENVIRONMENTAL AUTHORISATION) AMENDMENT BILL
	The purpose of the Bill is to amend the Broken Hill Proprietary Company’s Steel Works Indenture Act 1958 to ensure that an effective EPA environmental authorisation is granted for the Whyalla operations of OneSteel Limited for a period of 10 years. The Bill stipulates the terms of an authorisation to be issued under the Environment Protection Act 1993 in relation to OneSteel’s operations at its Whyalla Steelworks and associated transport infrastructure.
	The Bill aims to provide an acceptable level of environmental regulatory certainty for OneSteel to make a $325 million capital investment in Project Magnet while ensuring that high levels of regulatory scrutiny are maintained by the EPA over the operations and that impacts on the community and the environment are properly managed. It also puts the responsibility of identifying environmental risks and remediation on OneSteel with absolute oversight by the Government. This investment in Project Magnet will extend the life of the steel-making operations near Whyalla from the current planning horizon of 2020 to beyond 2027.
			(September 13, 20, 21, 22, October 18 - Act No. 48 of 2005)
CASINO (UNDERAGE GAMBLING) AMENDMENT BILL
	This Bill is aimed at the problem of underage gambling. The Bill will provide that surveillance tapes or other electromagnetic records made in accordance with the approved systems, which systems are approved by the Commissioner, be retained for at least one month. This extends the time for which such records are kept. The casino is a place where there is extensive surveillance at all times, as is required under its management systems approval. The Bill will also ensure that the signs approved by the Commissioner state that areas are under surveillance.
	The current provisions of the Casino Act provide that any amount won by a child by gambling at the casino is forfeited to the Crown. This Bill amends the provisions so that, if satisfied a child has lost money by gambling at the casino, the Commissioner may by written notice to the licensee direct that the amount assessed by the Commissioner as having been lost by the child be forfeited to the Crown.
			(December 8, May 25 - Lapsed due to Prorogation)
CHILDREN’S PROTECTION (MANDATORY REPORTING) AMENDMENT BILL
	The purpose of this Bill is to amend the Children’s Protection Act in relation to the mandatory notification of abuse or neglect. The Bill includes a minister of religion and a person who is an employee of, or a volunteer in, a church or other religious organisation, as being required to notify the Department for Family and Community Services if they suspect that a child has been or is being abused or neglected.
			(September 22, April 4, 6 - Lapsed due to Prorogation)
CORPORATIONS (COMMONWEALTH POWERS) (EXTENSION OF PERIOD OF REFERENCES) AMENDMENT BILL
	The Corporations (Commonwealth Powers) Act refers from the Parliament of South Australia to the Parliament of the Commonwealth the power to enact the text of the corporations and ASIC Acts as Commonwealth legislation extending to each State and to make to the legislation amendments about forming corporations, corporate regulation or the regulation of financial products or services. All State Parliaments have enacted legislation referring these matters to the Commonwealth Parliament.
	Section 5(1) of the Corporations (Commonwealth Powers) Act provides that, unless terminated earlier, the references of power terminate on the fifth anniversary of the day of the commencement of the corporations legislation. As the corporations legislation commenced on 15 July 2001, that date is 15 July 2006.
	This Bill amends section 5(1) to extend the references of power from the fifth to the tenth anniversary of the commencement of the corporations legislation. All other States have agreed to extend their references to the same date. This will extend the operation of the Corporations Scheme and South Australia’s participation in it until 15 July 2011.
			(September 19, October 18, 19 - Act No. 59 of 2005)
CORRECTIONAL SERVICES (MISCELLANEOUS) AMENDMENT BILL
	The purpose of this Bill is to amend the Correctional Services Act to allow the correctional system to operate more effectively and provide the legal framework necessary to prevent the potential abuse of the system by prisoners, while other amendments are of a minor “housekeeping” nature that will assist in the effective operation of the private prison.
	The Bill expands the authority of the Chief Executive of the Department in regard to a prisoner’s leave of absence from prison. The principal Act provides for leave conditions to be varied by the Chief Executive, but does not allow them to be revoked. The Bill gives the Chief Executive the power to revoke or impose further conditions on a prisoner who has leave of absence from a prison.
	The Bill inserts a new section 27A in the principal Act concerning the issues of authority and responsibility for prisoners on leave in South Australia from interstate and includes the authority to respond in the case of an escape of an interstate prisoner while in this State. All States have agreed, and a number have already introduced legislation, to provide for prisoners to be allowed to take leave of absence interstate. The leave may be required for medical, compassionate or legal reasons.
	The Bill amends section 29 of the principal Act which deals with work undertaken by prisoners. The Bill provides for additional control of prisoners who might engage in work that is not organised by the Department. The amendments are aimed at preventing a prisoner from carrying on a private business from prison but are not intended to prevent a prisoner from undertaking tasks that are just of a personal nature.
	The Bill also amends section 33 relating to prisoner mail to provide for tighter control of the mail that prisoners are allowed to send and receive while in prison. An additional item is to be included in the list of mail that is deemed to contravene the principal Act; that is, mail that contains material relating to or that constitutes, work by the prisoner that the prisoner is not authorised to perform. This will also maintain consistency with the amendment to section 29.
	The principal Act does not currently allow for the random search of prisoners. The Bill amends section 37 of the principal Act by inserting a subsection that provides for the random search of prisoners’ belongings for the purpose of detecting prohibited items. This will bring the principal Act into line with current practice for the control of prohibited substances in the prison environment.
	Section 37AA of the principal Act provides for the drug testing of prisoners by way of urinalysis. The definition of drug has been expanded to include alcohol. The Bill will enable the presence of drugs or alcohol in a prisoner to be tested by means of an alcotest or a prescribed procedure. Such a procedure would be prescribed by regulation and would consist of the taking of a sample of urine, saliva or sweat for testing.
	The Bill amends section 37A of the principal Act to restrict home detention to the last year of a fixed non-parole period. The amendments will also ensure that prisoners who receive a sentence of 12 months or less will not become eligible for home detention until they have served at least half of their sentence in prison.
	Other amendments contained in the Bill make minor changes to the principal Act that will enable all authorised officers, both public and private, to be able to effectively carry out day to day prisoner management.
			(September 16, November 8, 9, 10, 25, December 7, February 15 - Act No. 1 of 2005)
CORRECTIONAL SERVICES (PAROLE) AMENDMENT BILL
	This Bill amends the Correctional Services Act 1982 to implement the recommendations of a review conducted by the Government into aspects of the parole system. The Bill strengthens the conditions for release on parole to -
	• • •	ensure that the paramount consideration of the Board in every case must be the safety of the community; take into account the impact of the release of a prisoner on a victim and their family and the gravity of the offence and the potential for the prisoner to re-offend; and remove the requirement for reports relating to the social background of the prisoner.
	The review also recommended an expansion of the Parole Board’s powers to empower it to refuse parole for child sex offenders serving sentences of less than five years. The Government has accepted this recommendation, and has gone further by removing automatic parole for all sex offenders.
	With regard to the membership and qualifications of the Parole Board, the review recommended the following which are included in the Bill -
	• • •	the term of appointment for the presiding member be changed from five to three years; the criteria for appointment for Board members including the need for members to have due regard to, and an understanding of, the impact of criminal offences on victims; and an increase in the number of members from six to at least nine to allow for greater community representation and to reflect the values of the public at large.
			(September 15, October 12, 13, April 4, May 3, June 27, 30, July 6, 7, September 20 - Act No. 46 of 2005)
CRIMINAL LAW CONSOLIDATION (BRIBERY AND CORRUPTION) AMENDMENT BILL
	The Criminal Law Consolidation Act 1935, in dealing with offences of a public nature, does not recognise that an attempt of corruption is in itself, if proven, an offence, whether it is in part successful or not successful at all.
	This Bill amends section 249, bribery or corruption of public officers, and it provides to insert—
	(4)		a person who—
			(a)	negotiates, or offers to negotiate, a corrupt agreement between a public officer and a third person; or
			(b)	represents to a public officer that he or she is, or may be, in a position to negotiate a corrupt agreement between the public officer and a third person; or
			(c)	represents to a third person that he or she is, or may be, in a position to negotiate a corrupt agreement between the third person and a public officer,
			is guilty of an offence. Maximum penalty: imprisonment for seven years.
	(5)		A corrupt agreement is an agreement or understanding under which a public officer, in consideration of an improper inducement, exercises power or influence the public officer has (or is supposed to have) in his or her official capacity in a particular way
			(September 14 - Lapsed due to Prorogation)
CROWN LANDS (PRESCRIBED SHACK SITES) AMENDMENT BILL
	This Bill amends the Crown Lands Act 1929 with particular reference to shack sites for recreational purposes, namely the Glenelg River shack site, and also the Port Milang shack site. The current owners currently have life tenure of these shacks but are not able to pass them on to any of their immediate families, siblings, or anybody else for that matter. This Bill will give some certainty to the shack owners in the form of a lease. The function of the Bill is to grant a lease from the Crown to the local council: in the Glenelg shack site area it will be the District Council of Grant, and in the Port Milang shack site it will be the District Council of Alexandrina.
			(November 9, December 21 - Lapsed due to Prorogation)
DEVELOPMENT (MISCELLANEOUS) AMENDMENT BILL
	This Bill amends the Development Act 1993 to provide that a single Code of Conduct be prepared by the Minister for all development assessment panels in the State and professional staff acting under delegation. This will provide the community and applicants with certainty of development assessment procedures and will support impartial and transparent decision making.
	The Bill also makes amendments in relation to the key findings of the Coronial Inquest into the Deaths at the Riverside Golf Club. These relate to provisions for -
	• • • •	improving the accountability of component designers and manufactures for the performance of their products incorporated into building work; the auditing of Councils and Private Building Certifiers to ensure proper processes are followed for the complete assessment of applications; the strengthening of requirements for Council inspection policies to ensure greater consistency with building and planning rules; and the introduction of expiation fees for some breaches of the Act to encourage a high degree of compliance.
	The Bill establishes a scheme relating to Land Management Agreements between the Minister, any other designated Minister, or a Council (as one party), and a proponent (as the other party). The scheme will improve development applications and assessment procedures.
	The Bill also amends the Natural Resources Management Act 2004 to clarify that Councils or the Minister for Urban Development and Planning are responsible for initiating amendments to Development Plans relating to Natural Resources Management issues.
			(April 7, May 4, 30, June 27, September 13, 19, 20, 22, November 29, December 1 - Act No. 79 of 2005)
DEVELOPMENT (PROTECTION OF SOLAR COLLECTORS) AMENDMENT BILL
	This Bill amends the Development Act to guarantee access to sunlight for people using solar energy for the purpose of solar thermal or photovoltaic systems. A new building must not, when constructed, adversely affect the operation of an existing solar collector located on an adjacent building. The Bill will also not permit a tree to adversely affect the operation of an existing solar collector located on an adjacent building.
			(September 15 - Lapsed due to Prorogation)
DEVELOPMENT (SUSTAINABLE DEVELOPMENT) AMENDMENT BILL
	The purpose of this Bill is to improve the State’s planning and development system in order to provide greater policy and procedural certainty for the community and applicants, as well as to promote sustainable development across the State. The Bill amends the current act to improve policy formulation and development of assessment procedures. The improvements to the planning and development system will involve state and local government, giving greater priority to the setting of clear policies in order to provide certainty for the community, investors, applicants and agencies.
			(April 7, May 4, 30, June 27, September 13, 19 - Lapsed due to Prorogation)
DUST DISEASES BILL
	The purpose of this Bill is to ensure that residents of this State who claim rights of action for, or in relation to, dust diseases have access to procedures that are expeditious and unencumbered by unnecessary formalities of an evidentiary or procedural kind. The Bill is limited to diseases and pathological conditions resulting from exposure to asbestos dust.
	The District Court will give the necessary directions to ensure that dust disease actions have priority over less urgent cases and are dealt with as expeditiously as the proper administration of justice allows. A dust disease action commenced in the Magistrates Court or the Supreme Court before the commencement of this Bill will, on application by any party, be transferred to the District Court.
	The Bill amends section 36 of the Limitation of Actions Act 1936 to set a time limit for commencing proceedings of three years from when a cause of action in tort for personal injuries arose. The new subsection would qualify section 36 for latent diseases. It would allow a period of three years from when the injury first comes to the person’s knowledge. It would still be possible for a plaintiff to seek an extension of time in proper cases.
	A further amendment to the Survival of Causes of Action Act 1940 would encourage the Court to award exemplary damages in some circumstances. It would allow any exemplary damages awarded to be paid to the estate of a deceased plaintiff.
			(November 9, 23, 29, December 1 - Act No. 78 of 2005)
EQUAL OPPORTUNITY BILL
	The purpose of this Bill is to prohibit discrimination and other specified conduct and to provide for the investigation and conciliation of, and inquiry into, complaints in relation to such discrimination and conduct.
			(November 9, 28, 29 - Lapsed due to Prorogation)
EVIDENCE (RETRIAL OF SEXUAL OFFENCES) AMENDMENT BILL
	This Bill inserts a new section in to the Evidence Act to provide “Admissibility of original evidence of alleged victim in retrial of sexual offence”. This follows from a decision in New South Wales where it was announced that the law would be amended to allow the use of transcripts in a retrial in a sexual assault case where the victim refused or was unable to give evidence in person.
	This Bill will ensure that, if the situation which has arisen in New South Wales and which is quite likely to arise here in future does arise, an offender will not escape conviction entirely by reason of the fact that the prosecuting authorities are unable to present evidence to the court.
	This Bill will facilitate the presentation of evidence on a retrial to ensure that there is at least a fair chance that justice will be done and that an accused person will not escape trial entirely by reason of the fact that the victim chooses not to give evidence for whatever reason she deems appropriate.
			(June 29, December 1 - Lapsed due to Prorogation)
FIRST HOME OWNER GRANT (MISCELLANEOUS) AMENDMENT BILL
	This Bill contains three amendments to the First Home Owner Grant Act 2000 (FHOG Act). First, the Bill inserts a six month principal place of residence criterion in the Act. The Bill provides that an applicant must occupy the home as his or her principal place of residence for a continuous period of 6 months, commencing within 12 months after completion of the eligible transaction. To provide flexibility in this area, the Bill provides the Commissioner of State Taxation with a discretion to allow the FHOG to be paid to an applicant where the six month residency period is not met in situations where the Commissioner is satisfied that there is good reason why the applicant is unable to occupy the home as his/her principal place of residency for the full six month period.
	Secondly, the Bill allows the Commissioner to impose a penalty of up to the amount of the FHOG paid to the applicant in circumstances where the applicant has provided false or misleading information in support of his/her FHOG application.
	Thirdly, the Bill increases the time limit within which an FHOG applicant can be prosecuted for an offence under the Act from two years to three years from the date the offence occurred. Considerable delays may be experienced when applicants either fail to respond or are slow to respond to requests for further information. A real possibility exists that offenders could escape prosecution for no other reason than the time period within which a prosecution must be commenced is exceeded before all necessary steps have been taken.
			(October 25, November 22, 23, December 8 - Act No. 49 of 2004)
FISHERIES (PROHIBITION OF NET FISHING IN GULF ST VINCENT) AMENDMENT BILL
	The purpose of this Bill is to cease net fishing in Gulf St. Vincent. This is achieved through the expansion of section 41 of the Fisheries Act 1982. This section makes it an offence to engage in a fishing activity of a prescribed class. Under the new provisions of this Bill, this wide power of the Minister to prescribe fishing activities is retained. The Minister will continue to be able to prohibit specific activities. However the Bill will take the decision which the Minister is reluctant to take out of his hands.
	The definition of Gulf St. Vincent is spelt out clearly in the Bill. The effectiveness of this measure will be reviewed after five years, when the desirability of its continuing or being modified will also be reviewed.
			(October 13, April 13 - negatived in Council)
GAMING MACHINES (PROHIBITION FROM COUNCIL AREA FOLLOWING REFERENDUM) AMENDMENT BILL
	This Bill focuses on the removal of poker machines from regional communities - non-metropolitan council areas. The Bill provides a mechanism for electors within council areas outside the metropolitan area to have a petition. The Bill provides:
	The petition—
	(a)		must clearly state its purposes; and
	(b)		must be signed by not less than 10 per cent of the total number of electors.
	(c)		must comply with any other requirement prescribed by the regulations; and
	(d)		must be submitted to the Electoral Commissioner.
	It provides, in terms of a time frame, that petitions must be signed within a three-month period. Once the relevant requisite number of signatures is obtained, there must be a referendum to be determined on a date by the Electoral Commissioner, under the auspices of the Electora