SOUTH AUSTRALIA]
No. 5
MINUTES OF THE PROCEEDINGS
OF THE
LEGISLATIVE COUNCIL
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TUESDAY 29 MAY 2007
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1. |
Council met pursuant to adjournment. The President (The Hon. R. K. Sneath) took the Chair. The President read prayers.
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Meeting
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2. |
Answers to Questions on Notice Nos. 532, 533, 535 and 537 from the last Session received this day were tabled by the President who directed that they be distributed and printed in Hansard.
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Answers
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The following Papers were laid upon the Table, viz.: By the Minister for Police (The Hon. P. Holloway) - Port Adelaide Maritime Corporation - Report, 2005-2006. Regulations under the following Acts - Criminal Law (Forensic Procedures) Act 2007 - Forensic Procedures. Workers Rehabilitation and Compensation Act 1986 - Scales of Charges. Scales of Medical Charges. Return pursuant to Section 83B of the Summary Offences Act 1953, Dangerous Area Declarations - 1 October 2006 to 31 December 2006. By the Minister for Emergency Services (The Hon. C. Zollo) - Training and Skills Commission - Report, 2006. Independent Gambling Authority - Regulatory Review, 2006. By the Minister for Correctional Services (The Hon. C. Zollo) - Report on the Death in Custody of Neil James Brooks - Department for Correctional Services - May 2007. By the Minister for Environment and Conservation (The Hon. G. E. Gago) - Local Government Grants Commission of South Australia - Report, 2005-2006. Coronial Report on the Death in Custody of Neil James Brooks - Department of Health - May 2007. Coronial Report on the Death in Custody of Peter Malcholm McLeod - Department of Health - May 2007. Regulations under the following Acts - Dental Practice Act 2001 - Elections. General. Fair Trading Act 1987 - Consumer Credit Code. Liquor Licensing Act 1997 - Dry Zones - Hahndorf. Upper South East Dryland Salinity and Flood Management Act 2002 - Project Works Scheme.
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Papers. |
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4. |
The Minister for Police, by leave, tabled a copy of a Ministerial Statement made by the Premier (The Hon. M. D. Rann, M.P.) concerning the 40th Anniversary of the 1967 Referendum to Recognise Aboriginal Rights.
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Ministerial
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On the Order of the Day being read for the adjourned debate on the question - That the Address in Reply, as read, be adopted: Debate resumed. Question put and passed.
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Address in Reply. |
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6. |
Ordered - That Orders of the Day (Government Business) No. 2 and No. 3 be postponed and taken into consideration after Order of the Day (Government Business) No. 4.
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Postponement
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On the Order of the Day being read for the adjourned debate on the question - That the Supply Bill be now read a second time: Debate resumed. On motion of the Hon. J. M. Gazzola, the debate was adjourned and ordered to be resumed on motion.
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Supply Bill. |
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At two minutes to six o’clock the sitting was suspended until the ringing of the bells. At fifteen minutes to eight o’clock the sitting was resumed.
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Suspension
and
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9. |
Ordered - That Orders of the Day (Government Business) No. 2, No. 3, No. 5 and No. 6 be postponed and taken into consideration after Order of the Day (Government Business) No. 7.
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Postponement
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10. |
The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Statutes Amendment (Real Estate Industry Reform) Bill.
In the Committee
Clauses No. 1 to No. 16 agreed to. Clause No. 17 read. The Hon. T. J. Stephens moved on page 12, line 7, after “natural person” to insert “or, in accordance with the regulations, by some other natural person nominated in writing to the Commissioner”. Question - That the amendment be agreed to - put. |
Statutes
Amendment
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Committee divided: Ayes, 11 The Hon. A. M. Bressington The Hon. J.S.L. Dawkins The Hon. A. L. Evans The Hon. J.M.A. Lensink The Hon. R. I. Lucas The Hon. M. C. Parnell The Hon. D. W. Ridgway The Hon. C. V. Schaefer The Hon. S. G. Wade The Hon. N. Xenophon The Hon. T. J. Stephens (Teller) So it was resolved in the affirmative. |
Noes, 6 The Hon. B. V. Finnigan The Hon. J. M. Gazzola The Hon. P. Holloway The Hon. R. P. Wortley The Hon. C. Zollo The Hon. G. E. Gago (Teller)
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Clause No. 17, as amended, agreed to. Clauses No. 18 to No. 30 agreed to. Clause No. 31 read. The Hon. T. J. Stephens moved on page 17, line 8, to leave out the definition of bidders register. Question - That the amendment be agreed to - put. |
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Committee divided: Ayes, 6 The Hon. J.S.L. Dawkins The Hon. J.M.A. Lensink The Hon. R. I. Lucas The Hon. D. W. Ridgway The Hon. S. G. Wade The Hon. T. J. Stephens (Teller)
So it passed in the negative. |
Noes, 11 The Hon. A. M. Bressington The Hon. A. L. Evans The Hon. B. V. Finnigan The Hon. J. M. Gazzola The Hon. P. Holloway The Hon. I. K. Hunter The Hon. M. C. Parnell The Hon. R. P. Wortley The Hon. N. Xenophon The Hon. C. Zollo The Hon. G. E. Gago (Teller)
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Clause No. 31 otherwise amended and agreed to. Clause No. 32 agreed to. Clause No. 33 amended and agreed to. Clauses No. 34 to No. 38 agreed to. Clause No. 39 read. The Hon. M. C. Parnell moved on page 20, line 18, after “to a purchaser” to insert “, and to make the required documents for the land available for perusal by the purchaser,”. The Hon. M. C. Parnell moved on page 20, lines 21 and 22, to leave out “complied with subsection (1) in relation” and insert “taken all reasonable steps to deliver the prescribed notice”. The Hon. M. C. Parnell also moved on page 20, lines 34 to 37, to leave out proposed subsection (4) and insert the following: “(4) An auctioneer who proposes to offer residential land for sale by auction must ensure— (a) that the prescribed notice is attached to a vendor's statement when the vendor’s statement is made available for perusal by members of the public before the auction; and (b) that when the vendor's statement is made available for perusal by members of the public before the auction, the required documents for the land are also made available for perusal.”. The Hon. M. C. Parnell also moved on page 21, lines 1 to 7, to leave out proposed subsection (6) and insert the following: “(6) In this section— prescribed notice means a notice, in the form prescribed by regulation, containing— (a) a statement of the kind required by regulation concerning the availability for perusal of the required documents for the land; and (b) information of the kind required by regulation relating to matters concerning land that might adversely affect— (i) a purchaser's enjoyment of the land; or (ii) the safety of persons on the land; or (iii) the value of the land; required documents for land, means the following documents, prepared as required by the regulations for a house or building suitable for human occupation on the land: (a) a building and compliance inspection report; (b) an energy efficiency rating statement; (c) a pest inspection report.”. Question - That the amendments be agreed to - put and negatived. Clause No. 39 agreed to. Clauses No. 40 to No. 42 agreed to. Clause No. 43 read. The Hon. T. J. Stephens moved on page 27, lines 21 and 22, to leave out “, source and amount (or estimated amount or value)” and insert “and source”. Question - That the amendment be agreed to - put. |
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Committee divided: Ayes, 8 The Hon. J.S.L. Dawkins The Hon. A. L. Evans The Hon. J.M.A. Lensink The Hon. R. I. Lucas The Hon. D. W. Ridgway The Hon. C. V. Schaefer The Hon. S. G. Wade The Hon. T. J. Stephens (Teller)
So it passed in the negative. |
Noes, 9 The Hon. B. V. Finnigan The Hon. J. M. Gazzola The Hon. P. Holloway The Hon. S. M. Kanck The Hon. M. C. Parnell The Hon. R. P. Wortley The Hon. N. Xenophon The Hon. C. Zollo The Hon. G. E. Gago (Teller)
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The Hon. T. J. Stephens moved on page 37, lines 20 to 23, to leave out “a single bid at an auction of residential land on behalf of the vendor of the land, or 1 or more bids at an auction of land (other than residential land)” and insert “1 or more bids at an auction of land”. The Hon. N. Xenophon moved on page 37, lines 20 and 21, to leave out “a single bid” and insert “not more than 3 bids”. Question - That the words “a single bid” stand as printed - put. |
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Committee divided: Ayes, 6 The Hon. J. M. Gazzola The Hon. P. Holloway The Hon. S. M. Kanck The Hon. M. C. Parnell The Hon. C. Zollo The Hon. G. E. Gago (Teller)
So it passed in the negative. |
Noes, 9 The Hon. J.S.L. Dawkins The Hon. A. L. Evans The Hon. R. I. Lucas The Hon. J.M.A. Lensink The Hon. D. W. Ridgway The Hon. C. V. Schaefer The Hon. S. G. Wade The Hon. N. Xenophon The Hon. T. J. Stephens (Teller)
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Question - That the additional words proposed to be struck out by the Hon. T. J. Stephens, stand as printed - put. |
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Committee divided: Ayes, 11 The Hon. A. L. Evans The Hon. B. V. Finnigan The Hon. J. M. Gazzola The Hon. P. Holloway The Hon. I. K. Hunter The Hon. S. M. Kanck The Hon. M. C. Parnell The Hon. R. P. Wortley The Hon. N. Xenophon The Hon. C. Zollo The Hon. G. E. Gago (Teller) So it was resolved in the affirmative. |
Noes, 6 The Hon. J.S.L. Dawkins The Hon. J.M.A. Lensink The Hon. D. W. Ridgway The Hon. C. V. Schaefer The Hon. S. G. Wade The Hon. T. J. Stephens (Teller)
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Question - That the words proposed to be inserted by the Hon. N. Xenophon, be so inserted - put and passed. Clause No. 43, as amended and otherwise amended, agreed to. Clauses No. 44 to No. 52 agreed to. New clause No. 53 inserted. Title agreed to. _____________________
The President resumed the Chair, and reported that the Committee had considered the Bill and had agreed to the same with amendments; whereupon the Council adopted such report. The Minister for Environment and Conservation, pursuant to contingent notice, moved - That the Standing Orders be so far suspended as to enable the Bill to pass through its remaining stages without delay. Question put and passed. Bill read a third time. Resolved - That this Bill do now pass.
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11. |
The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Statutes Amendment (Affordable Housing) Bill.
In the Committee
New clause No. 3A, which the Hon. T. J. Stephens had moved to insert on page 5, after line 5, as follows: “3A—Amendment of long title Long title—after "the continuation of the South Australian Housing Trust" insert: as the South Australian Housing Board”. further considered: Question - That new clause No. 3A as proposed to be inserted by the Hon. T. J. Stephens, be so inserted - put and negatived. Clause No. 4 amended and agreed to. Clause No. 5 struck out. Clause No. 6 struck out. Clause No. 7 amended and agreed to. Clause No. 8 agreed to. Clause No. 9 struck out. New clause No. 9 inserted. Clause No. 10 struck out. New clause No. 10 inserted. Clause No. 11 amended and agreed to. Clause No. 12 struck out. New clause No. 12 inserted. Clause No. 13 agreed to. Clause No. 14 amended and agreed to. Clauses No. 15 to No. 18 agreed to. Clause No. 19 amended and agreed to. The Hon. N. Xenophon moved on page 14, after line 42, to insert new clause as follows: “19A—Insertion of section 39A After section 39 insert: 39A—Restoration of tenancy after redevelopment (1) It will be a term of a residential tenancy agreement where SAHT is the landlord that if SAHT requires possession of the premises for redevelopment or renovations, then the tenant will have a right to be offered a new tenancy at the same site after the redevelopment or renovations are completed. (2) The Residential Tenancies Tribunal may, on application by SAHT, if the Tribunal considers it appropriate in the circumstances, order that subsection (1) will not apply in relation to— (a) a specified residential tenancy agreement or residential premises; or (b) a specified class of residential tenancy agreements or residential premises. (3) This section extends to residential tenancy agreements entered into before the commencement of this section, but not so as to apply if SAHT has taken possession of premises, or given notice that it intends to take possession of premises, before that commencement.”. Question - That new clause No. 19A, as proposed to be inserted by the Hon. N. Xenophon, be so inserted - put and negatived. Clause No. 20 read. To report progress and ask leave to sit again. _____________________
The President resumed the Chair and reported progress and obtained for the Committee leave to sit again on next day of sitting.
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Statutes
Amendment
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12. |
Ordered - That the remaining Orders of the Day (Government Business) be Orders of the Day for next day of sitting.
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Postponement
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13. |
Council adjourned at twenty twenty-three minutes past eleven o’clock until tomorrow at fifteen minutes past two o’clock.
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Adjournment. |
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_________________________
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Members present during any part of the sitting:
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The Hon. A. M. Bressington The Hon. J.S.L. Dawkins The Hon. A. L. Evans The Hon. B. V. Finnigan The Hon. G. E. Gago The Hon. J. M. Gazzola The Hon. P. Holloway
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The Hon. D.G.E. Hood The Hon. I. K. Hunter The Hon. S. M. Kanck The Hon. R. D. Lawson The Hon. J.M.A. Lensink The Hon. R. I. Lucas The Hon. M. C. Parnell
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The Hon. D. W. Ridgway The Hon. C. V. Schaefer The Hon. T. J. Stephens The Hon. S. G. Wade The Hon. R. P. Wortley The Hon. N. Xenophon The Hon. C. Zollo |
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