SOUTH AUSTRALIA]

No. 41

MINUTES OF THE PROCEEDINGS

OF THE

LEGISLATIVE COUNCIL

_______

THURSDAY  4  JUNE  2009

   1.

Council met pursuant to adjournment.  The President (The Hon. R. K. Sneath) took the Chair.

                 The President read prayers.

Meeting of
Council.

   2.

The Minister for Mineral Resources Development (The Hon. P. Holloway), without notice, moved - That the Standing Orders be so far suspended as to enable Petitions, the Tabling of Papers and Question Time to be taken into consideration at fifteen minutes past two o’clock.

                 Question put and passed, without a dissentient voice, there being present an absolute majority of the whole number of Members of the Council.

Suspension of
Standing Orders.

   3.

Ordered - That Order of the Day (Government Business) No. 1 be an Order of the Day for next day of sitting.

Postponement
of Business.

   4.

Ordered - That Orders of the Day (Government Business) No. 2 to No. 11 be postponed and taken into consideration after Order of the Day (Government Business) No. 12.

Postponement
of Business.

   5.

The Minister for Mineral Resources Development, according to order, moved - That the Electoral (Miscellaneous) Amendment Bill be now read a second time.

                 On motion of the Hon. D. W. Ridgway, the debate was adjourned until next day of sitting.

Electoral
(Miscellaneous)
Amendment Bill.

   6.

Ordered - That Orders of the Day (Government Business) No. 2 to No. 10 be postponed and taken into consideration after Order of the Day (Government Business) No. 11.

Postponement
of Business.

   7.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Waterworks (Rates) Amendment Bill.

In the Committee

                          Clause No. 8 further considered.

                 The Hon. S. G. Wade moved on page 3, lines 28 and 29, to leave out “1 June in any particular year” and insert “31 December in the year preceding the commencement of the financial year”.

                 Question - That the amendment be agreed to - put.

Waterworks (Rates)
Amendment Bill.

             Committee divided:

Ayes, 11

The Hon. R. L. Brokenshire

The Hon. J. A. Darley

The Hon. J.S.L. Dawkins

The Hon. D.G.E. Hood

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. T. J. Stephens

The Hon. S. G. Wade (Teller)

      So it was resolved in the affirmative.

Noes, 10

The Hon. A. M. Bressington

The Hon. B. V. Finnigan

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. I. K. Hunter

The Hon. M. C. Parnell

The Hon. D. N. Winderlich

The Hon. R. P. Wortley

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

                 The Hon. S. G. Wade moved on page 4, after line 5, to insert the following:

“(ca)    in fixing water rates, the value of contributed assets must be deducted from the Corporation's regulated asset base for the purpose of determining an appropriate return on capital, subject to any exception or adjustment approved by the Essential Services Commission on application by the Corporation;”.

                 Question - That the amendment be agreed to - put and negatived.

                          Clause No. 8, as amended, agreed to.

                          Clauses No. 9 to No.12 agreed to.

                 The Hon. S. G. Wade moved on page 5, after line 13, to insert new clause 12A as follows:

“12A—Insertion of section 86C

After section 86B insert:

86C—Scheme to install separate meters for all properties

      (1)       The Corporation must establish a scheme under which all land—

      (a)       that is subject to a separate occupation; and

      (b)      that is supplied with water by the Corporation as part of a reticulated water system,

will have a meter that records the amount of water supplied to that piece of land.

      (2)       The Corporation must seek to ensure that the meters required for the purposes of subsection (1) are fitted by 31 December 2014.

      (3)       However—

      (a)       the scheme established under subsection (1) is not required to extend to premises where it is not reasonably practicable to fit a separate meter; and

      (b)      in the case of land within a country region of the State, the Corporation is not required to install a meter in a particular case if the Corporation has an agreement with the owner of the land to the effect that the land need not be within the ambit of the scheme established under subsection (1).

      (4)       An agreement under subsection (3)(b) must be for a period not exceeding 5 years (but may then be renewed from time to time by further agreement).

      (5)       The Corporation must, as part of each annual report up to and including the 2014/2015 annual report, set out information about the scheme established under subsection (1) and the extent to which the goal set out in subsection (2) is being (or has been) achieved.

      (6)       For the purposes of this section, the country regions of the State will be those parts of the State that are not within—

      (a)       Metropolitan Adelaide; or

      (b)      any other city or township areas brought within the ambit of this paragraph by the regulations.

      (7)       In this section—

Metropolitan Adelaide means Metropolitan Adelaide as defined by the Development Act 1993.”.

                 The Hon. R. L. Brokenshire moved on page 5, after line 13, to insert new clause 12A as follows:

“12A—Insertion of section 86C

After section 86B insert:

86C—Scheme to install separate meters for all properties

      (1)       The Corporation must establish a scheme under which all land owned by the South Australian Housing Trust—

      (a)       that is subject to a separate occupation; and

      (b)      that is supplied with water by the Corporation as part of a reticulated water system,

will have a meter that records the amount of water supplied to that piece of land.

      (2)       The Corporation must seek to ensure that the meters required for the purposes of subsection (1) are fitted by 31 December 2012.

      (3)       The scheme is not required to extend to premises where it is not reasonably practicable to fit a separate meter.

      (4)       The Corporation must, as part of each annual report up to and including the 2012/2013 annual report, set out information about the scheme established under subsection (1) and the extent to which the goal set out in subsection (2) is being (or has been) achieved.”.

                 Question - That new clause 12A, as proposed to be inserted by the Hon. S. G. Wade, be so inserted - put and negatived.

                 Question - That new clause 12A, as proposed to be inserted by the Hon. R. L. Brokenshire, be so inserted - put and negatived.

                          Clause No. 13 agreed to.

                          Schedule agreed to.

                          Title agreed to.

_____________________

                 The President resumed the Chair, and reported that the Committee had considered the Bill and had agreed to the same with an amendment; whereupon the Council adopted such report.

                 The Minister for Mineral Resources Development, pursuant to contingent notice, moved - That the Standing Orders be so far suspended as to enable the Bill to pass through its remaining stages without delay.

                 Question put and passed.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

   8.

Ordered - That Orders of the Day (Government Business) No. 2 to No. 8 be postponed and taken into consideration after Order of the Day (Government Business) No. 9.

Postponement
of Business.

   9.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (Public Health Incidents and Emergencies) Bill be now read a second time:

                 Debate resumed.

                 Question put and passed.

                 Bill read a second time.

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

In the Committee

                          Clause No. 1 read.

                 The Hon. J.M.A. Lensink moved on page 3, line 3, to leave out “Public Health Incidents and”.

                 Question - That the amendment be agreed to - put and negatived.

                          Clause No. 1 agreed to.

                          Clauses No. 2 to No. 10 agreed to.

                          Clause No. 11 amended and agreed to.

                          Clauses No. 12 to No. 23 agreed to.

                          Clause No. 24 amended and agreed to.

                          Clause No. 25 agreed to.

                          Clause No. 26 amended and agreed to.

                          Clauses No. 27 and No. 28 agreed to.

                          Title agreed to.

 _____________________

        The President resumed the Chair, and reported that the Committee had considered the Bill and had agreed to the same with amendments; whereupon the Council adopted such report.

                 The Minister for State/Local Government Relations, 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.

Statutes Amendment
(Public Health
Incidents and
Emergencies) Bill.

10.

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

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

Suspension and
Resumption of
Sitting.

  11.

A Messenger from the Governor having been announced by Black Rod, the following Message was received and read:

Message No. 12.

                 The Governor informs the Legislative Council that, in the name and on behalf of Her Majesty The Queen, the following Acts have been assented to during the present Session, viz.:

                 No. 19 of 2009 - An Act to amend the Electricity Act 1996 and the Gas Act 1997.

                 No. 20 of 2009 - An Act to make provision for the disposal, management and conservation of Crown land; to make related amendments to certain other Acts; to repeal the Crown Land Acts Act 1929, the Discharged Soldiers Settlement Act 1934, the Irrigation (Land Tenure) Act 1930, the Marginal Lands Act 1940, the Monarto Legislation Repeal Act 1980, the Port Pirie Laboratory Site Act 1922 and the War Service Land Settlement Agreement Act 1945; and for other purposes.

                 No. 21 of 2009 - An Act to amend the Maritime Services (Access) Act 2000.

                 No. 22 of 2009 - An Act to re-enact and modernise the law relating to payroll tax, to harmonise payroll tax law with other States, to repeal the Pay-roll Tax Act 1971 and for other purposes.

                 No. 23 of 2009 - An Act to repeal the Petroleum Products Subsidy Act 1965.

                 No. 24 of 2009 - An Act to amend the Stamp Duties Act 1934 and to make related amendments to the Statutes Amendment (Budget 2005) Act 2005.

                 No. 25 of 2009 - An Act for the appropriation of money from the Consolidated Account for the financial year ending on 30 June 2010.

Government House, Adelaide, 2 June 2009.                                             KEVIN SCARCE, Governor.

Message from
Governor:
Assent to Bills.

  12.

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

        By the Minister for Mineral Resources Development -

                Determination and Report of the Remuneration Tribunal - No. 3 of 2009 - Ministers of the Crown and Officers and Members of Parliament.

Papers.

13.

The Hon. R. P. Wortley brought up the Report of the Natural Resources Committee on the Adelaide and Mount Lofty Ranges Natural Resources Management Board Levy Proposal 2009-2010.

Natural Resources
Committee - Report
on Adelaide and
Mount Lofty Ranges
Natural Resources
Management Board
Levy Proposal
2009-2010.

14.

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

        By the Minister for Mineral Resources Development -

                Budget Overview 2009-2010 - Budget Paper No. 1.

                Budget Speech 2009-2010 - Budget Paper No. 2.

                Budget Statement - 2009-2010 - Budget Paper No. 3.

                Portfolio Statement - 2009-2010 - Budget Paper No. 4, Volume 1.

                Portfolio Statement - 2009-2010 - Budget Paper No. 4, Volume 2.

                Portfolio Statement - 2009-2010 - Budget Paper No. 4, Volume 3.

                Capital Investment Statement - 2009-2010 - Budget Paper No. 5.

                Regional Statement 2009-2010 - Budget Paper No. 6.

Budget Papers.

15.

On the Order of the Day being read for the third reading of the Public Sector Bill:

        Ordered - That the Bill be recommitted in respect of Clauses No. 13 and No. 14.

In the Committee

                          Clause No. 13 reconsidered.

                 The Hon. D.G.E. Hood moved on page 14, line 13, to leave out “or by the Minister”.

                 Question - That the amendment be agreed to - put.

Public Sector Bill.

             Committee divided:

Ayes, 12

The Hon. R. L. Brokenshire

The Hon. J.S.L. Dawkins

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. M. C. Parnell

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. T. J. Stephens

The Hon. S. G. Wade

The Hon. D. N. Winderlich

The Hon. D.G.E. Hood (Teller)

      So it was resolved in the affirmative.

Noes, 9

The Hon. A. M. Bressington

The Hon. J. A. Darley

The Hon. B. V. Finnigan

The Hon. J. M. Gazzola

The Hon. P. Holloway

The Hon. I. K. Hunter

The Hon. R. P. Wortley

The Hon. C. Zollo

The Hon. G. E. Gago (Teller)

                          Clause No. 13, as reconsidered and amended, agreed to.

                          Clause No. 14 reconsidered.

                 The Hon. D.G.E. Hood moved on  page 14, after line 27, to insert the following:

“(6)      Sections 10 and 10A of the Subordinate Legislation Act 1978 apply to the code, or a variation of the code, as if it were a regulation within the meaning of that Act.”.

                 The Minister for State/Local Government Relations, by leave, tabled “The Code of Conduct for Public Servants”.

                 Question - That the amendment be agreed to - put.

Document Tabled.

             Committee divided:

Ayes, 13

The Hon. A. M. Bressington

The Hon. R. L. Brokenshire

The Hon. J.S.L. Dawkins

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. M. C. Parnell

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. T. J. Stephens

The Hon. S. G. Wade

The Hon. D. N. Winderlich

The Hon. D.G.E. Hood (Teller)

      So it was resolved in the affirmative.

Noes, 8

The Hon. J. A. Darley

The Hon. B. V. Finnigan

The Hon. J. M. Gazzola

The Hon. P. Holloway

The Hon. I. K. Hunter

The Hon. R. P. Wortley

The Hon. C. Zollo

The Hon. G. E. Gago  (Teller)

                          Clause No. 14, as reconsidered and amended, agreed to.

____________________

                 The President resumed the Chair, and reported that the Committee had reconsidered the Bill and had agreed to the same with further amendments; whereupon the Council adopted such report.

                 The Minister for State/Local Government Relations, 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.

16.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Public Sector Management (Consequential) Amendment Bill.

In the Committee

                          Clauses No. 1 to No. 47 agreed to.

                          Title agreed to.

_____________________

                 The President resumed the Chair, and reported that the Committee had considered the Bill and had agreed to the same without amendment; whereupon the Council adopted such report.

                 The Minister for State/Local Government Relations, 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.

Public Sector
Management
(Consequential)
Amendment Bill.

17.

Ordered - That Orders of the Day (Government Business) No. 4 to No. 8 be Orders of the Day for next day of sitting.

Postponement
of Business.

18.

On the Order of the Day being read for the adjourned debate on the question - That the Second-hand Vehicle Dealers (Cooling-off Rights) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. R. P. Wortley, the debate was adjourned until next day of sitting.

Second-hand
Vehicle Dealers
(Cooling-off Rights)
Amendment Bill.

19.

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

Postponement
of Business.

20.

Ordered - That the Council, at its rising, do adjourn until Tuesday, 16 June 2009.

Next Day of Sitting.

21.

Council adjourned at four minutes to four o’clock until Tuesday, 16 June 2009, at fifteen minutes past two o’ clock.

Adjournment.

_________________________

Members present during any part of the sitting:

The Hon. A. M. Bressington

The Hon. R. L. Brokenshire

The Hon. J. A. Darley

The Hon. J.S.L. Dawkins

The Hon. B. V. Finnigan

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. P. Holloway

The Hon. D.G.E. Hood

The Hon. I. K. Hunter

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. M. C. Parnell

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. T. J. Stephens

The Hon. S. G. Wade

The Hon. D. N. Winderlich

The Hon. R. P. Wortley

The Hon. C. Zollo