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SOUTH AUSTRALIA] No. 32
MINUTES OF THE PROCEEDINGS
OF THE
LEGISLATIVE COUNCIL _______
WEDNESDAY 8 APRIL 2009
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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
of |
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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, Question Time, Statements on Matters of Interest and Notices of Motion and Orders of the Day (Private Business) 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.
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Suspension
of |
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3. |
Ordered - That Notice of Motion (Government Business) No. 1 and Orders of the Day (Government Business) No. 1 to No. 7 be postponed and taken into consideration after Order of the Day (Government Business) No. 8.
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Postponement
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4. |
On the Order of the Day being read for the adjourned debate on the question - That the Crown Land Management 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
Clauses No. 1 to No. 71 agreed to. Clause No. 72 amended and agreed to. Clauses No. 73 to No. 81 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 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.
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Crown Land Management Bill. |
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5. |
Ordered - That Notice of Motion (Government Business) No. 1 be postponed and taken into consideration after Order of the Day (Government Business) No. 1.
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Postponement
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6. |
On the Order of the Day being read for the third reading of the Equal Opportunity (Miscellaneous) Amendment Bill: Ordered - That the Bill be recommitted in respect of proposed new Clause No. 10A and Clauses No. 18 and No. 69. The President then left the Chair, and the Council resolved itself into a Committee of the Whole for the consideration of new Clause No. 10A and the reconsideration of Clauses No. 18 and No. 69.
In the Committee
The Hon. S. G. Wade moved on page 8, after line 33, to insert new Clause No. 10A as follows: “10A—Amendment of section 24—Parties to proceedings etc Section 24(4)—delete subsection (4) and substitute: (4) A person appearing in proceedings before the Tribunal is entitled to appear personally or be represented as follows: (a) the person may be represented by counsel but only if— (i) the Commissioner is a party to the proceedings; or (ii) another party to the proceedings is a legal practitioner; or (iii) all parties to the proceedings agree; or (iv) the Tribunal is of the opinion that the person would be unfairly disadvantaged if not represented by counsel; (b) the person may, with the leave of the Tribunal, be represented by an officer or employee of a registered industrial association or any other person (but the officer, employee or person must not be a legal practitioner or the Commissioner).”. Question - That new Clause No. 10A, as proposed to be inserted, be so inserted - put. |
Equal
Opportunity |
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Committee divided: Ayes, 9 The Hon. R. L. Brokenshire 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. D. W. Ridgway The Hon. C. V. Schaefer The Hon. T. J. Stephens The Hon. S. G. Wade (Teller)
So it passed in the negative. |
Noes, 10 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. M. C. Parnell The Hon. D. N. Winderlich The Hon. C. Zollo The Hon. G. E. Gago (Teller)
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Clause No. 18 reconsidered, amended and agreed to. Clause No. 69 reconsidered. The Hon. S. G. Wade moved on page 40, lines 14 to 17, to leave out subsection (2). Question - That the amendment be agreed to - put. |
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Committee divided: Ayes, 11 The Hon. R. L. Brokenshire 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. D. N. Winderlich The Hon. S. G. Wade (Teller) So it was resolved in the affirmative. |
Noes, 10 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. M. C. Parnell The Hon. R. P. Wortley The Hon. C. Zollo The Hon. G. E. Gago (Teller)
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Clause No. 69 as reconsidered and amended, and otherwise 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. Bill read a third time. Resolved - That this Bill do now pass.
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7. |
The Minister for State/Local Government Relations, pursuant to notice, moved - That she have leave to introduce a Bill for an Act to establish the Outback Communities Authority and to facilitate the administration and management of outback communities; to repeal the Outback Areas Community Development Trust Act 1978; and for other purposes. Question put and passed. Bill introduced and read a first time. The Minister for State/Local Government Relations then moved - That this Bill be now read a second time. On motion of the Hon. J.M.A. Lensink, the debate was adjourned until next day of sitting.
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Outback
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8. |
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.
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Postponement
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9. |
The Minister for State/Local Government Relations, according to order, moved - That the Authorised Betting Operations (Trade Practices Exemption) Amendment Bill be now read a second time: On motion of the Hon. J.M.A. Lensink, the debate was adjourned until next day of sitting.
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Authorised
Betting |
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10. |
On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment and Repeal (Fair Trading) Bill be now read a second time: Debate resumed. On motion of the Hon. R. D. Lawson, the debate was adjourned and ordered to be resumed on motion.
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Statutes
Amendment
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11. |
At three 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.
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Suspension
and
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12. |
The Hon. J. M. Gazzola brought up the Sixteenth Report, 2008-2009, of the Legislative Review Committee.
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Legislative
Review
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13. |
The Hon. J. M. Gazzola brought up the Seventeenth Report, 2008-2009, of the Legislative Review Committee, which was read by the Clerk as follows - The Regulations, Rule and By-Laws listed hereunder are at present being considered by the Legislative Review Committee. Evidence is being taken on these matters and it is necessary for Notices of Motion for Disallowance to be given in both Houses before the expiration of 14 sitting days, to allow the Committee time to complete its deliberations. Honourable
Members are warned that after further consideration has been given to the Regulations referred to - Passenger Transport Act 1994 - General. Environment Protection Act 1993 - Fees and Levy. By-Laws referred to - Local Government Act 1999 - Light Regional Council - By-Law No. 1 - Permits and Penalties. District Council of Karoonda East Murray - By-Law No. 1 - Permits and Penalties. Coorong District Council - By-Law No. 1 - Permits and Penalties. Rule referred to - Workers Rehabilitation and Compensation Act 1986 - Rule 20A - Expert Evidence.
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Legislative
Review
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14. |
The Minister for Mineral Resources Development, by leave, tabled a copy of a Ministerial Statement made by the Premier (The Hon. M. D. Rann, M.P.) concerning Progress at Techport Australia.
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Ministerial
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15. |
The Minister for State/Local Government Relations, by leave, tabled a copy of a Ministerial Statement made by the Minister for Health (The Hon. J. D. Hill, M.P.) concerning Statements made by the Deputy Opposition Leader in relation to a Certain Transplant.
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Ministerial
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16. |
The Minister for Mineral Resources Development, without notice, moved - That the Standing Orders be so far suspended as to enable Question Time to be extended to enable the Hon. D.G.E. Hood to ask a question of the Minister for State/Local Government Relations and for her to complete her reply. Question put and passed, without a dissentient voice, there being present an absolute majority of the whole number of Members of the Council.
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Suspension
of |
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17. |
In accordance with Standing Orders, the President called on Members to make Statements on Matters of Interest.
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Statements
on |
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18. |
Ordered - That Notice of Motion (Private Business) No. 1 be an Order of the Day for Wednesday, 29 April 2009.
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Postponement |
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19. |
The Hon. C. V. Schaefer, pursuant to notice, moved - That the Natural Resources Committee inquire into and report on any proposal, matter or issue concerned with bushfire. Debate ensued. On motion of the Hon. I. K. Hunter, the debate was adjourned until Wednesday, 29 April 2009.
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Bushfire - |
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20. |
The Hon. D. N. Winderlich, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Whistleblowers Protection Act 1993. Question put and passed. Bill introduced and read a first time. The Hon. D. N. Winderlich then moved - That the Bill be now read a second time. On motion of the Hon. I. K. Hunter, the debate was adjourned until Wednesday, 29 April 2009.
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Whistleblowers
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21. |
The Hon. M. C. Parnell, pursuant to notice, moved - That the Regulations under the Development Act 1993 concerning Commonwealth Nation Building Program, made on 26 February 2009 and laid on the Table of this Council on 3 March 2009, be disallowed. On motion of the Hon. I. K. Hunter, the debate was adjourned until Wednesday, 29 April 2009.
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Development
Act - |
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22. |
The Hon. M. C. Parnell, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Development Act 1993. Question put and passed. Bill introduced and read a first time. The Hon. M. C. Parnell then moved - That the Bill be now read a second time. On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday, 29 April 2009.
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Development
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23. |
The Hon. R. L. Brokenshire, by leave, moved notice in an amended form - That he have leave to introduce a Bill for an Act to establish a scheme for the determination of claims for payment of statutory compensation to persons who have suffered abuse or neglect while in State care. Question put and passed. Bill introduced and read a first time. The Hon. R. L. Brokenshire then moved - That the Bill be now read a second time. And the Hon. R. L. Brokenshire having obtained leave to conclude his remarks, the debate was adjourned until Wednesday, 29 April 2009.
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Victims
of Abuse |
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24. |
The Hon. J. A. Darley, pursuant to notice, moved - That the Legislative Review Committee inquire into and report on - I. The effects on the court system and its participants of extending the right for victims to deliver a victim impact statement in any court to cases where the defendant has been convicted of a summary offence that has caused serious harm, that being harm that endangers, or is likely to endanger, a person’s life, or harm that consists of, or is likely to result in, loss of, or serious and protracted impairment of, a part of the body or a physical or mental function, or harm that consist or, or is likely to result in, serious disfigurement. II. The current effects and consequences for the court system and its participants of allowing a victim to submit a victim impact statement in the court for an indictable offence. III. The types of systems, facilities and services that should be in place to aid and assist victims involved in the criminal justice system. IV. Any other relevant matters. On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday, 29 April 2009.
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Court
System - |
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25. |
Ordered - That Orders of the Day (Private Business) No. 1 and No. 2 be Orders of the Day for Wednesday, 29 April 2009.
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Postponement |
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26. |
On the Order of the Day being read for the adjourned debate on the motion of the Hon. T. J. Stephens - I. That a Select Committee of the Legislative Council be appointed to inquire into and report upon - (a) the sale of Cheltenham Park Racecourse; (b) the re-zoning of Cheltenham Park Racecourse; (c) the relationship of decisions made in connection with the sale of Cheltenham Park Racecourse with proposals for the redevelopment of Victoria Park; (d) matters of corporate governance within the South Australian Jockey Club up to and including March 2009; (e) the role of Thoroughbred Racing SA in relation to the above matters; and (f) any other relevant matter. II. That Standing Order No. 389 be so far suspended as to enable the Chairperson of the Committee to have a deliberative vote only. III. That this Council permits the Select Committee to authorise the disclosure or publication, as it sees fit, of any evidence or documents presented to the Committee prior to such evidence being presented to the Council. IV. That Standing Order No. 396 be suspended to enable strangers to be admitted when the Select Committee is examining witnesses unless the Committee otherwise resolves, but they shall be excluded when the Committee is deliberating. Debate resumed. The Hon. R. L. Brokenshire moved to amend the motion in Paragraph I, after subparagraph (e), by inserting new subparagraph (ea) as follows: “(ea) matters of corporate governance within Thoroughbred Racing SA up to and including March 2009;”. The Hon. J.S.L. Dawkins moved to amend the motion at the beginning of paragraph II by inserting the words “That the Committee consist of six Members and that the quorum of Members necessary to be present at all meetings of the Committee be fixed at four Members and” before “That Standing Order No. 389”. On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday, 29 April 2009.
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Certain
Matters
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27. |
Ordered - That Orders of the Day (Private Business) No. 4 to No. 10 be Orders of the Day for Wednesday, 29 April 2009.
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Postponement |
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28. |
Ordered - That Order of the Day (Private Business) No. 11 be postponed and taken into consideration on motion.
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Postponement |
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29. |
Ordered - That Orders of the Day (Private Business) No. 12 to No. 22 be Orders of the Day for Wednesday, 29 April 2009.
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Postponement |
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30. |
Ordered - That Order of the Day (Private Business) No. 23 be postponed and taken into consideration on motion.
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Postponement |
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31. |
Ordered - That Orders of the Day (Private Business) No. 24 to No. 29 be Orders of the Day for Wednesday, 29 April 2009.
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Postponement |
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32. |
On the Order of the Day being read for the adjourned debate on the question - That the Report of the Select Committee on Proposed Sale and Redevelopment of the Glenside Hospital Site be noted: Debate resumed. Question put and passed.
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Select
Committee on |
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33. |
Ordered - That the adjourned debate on the question - That the Consumer Credit (South Australia) (Pay Day Lending) Amendment Bill be now read a second time - be now resumed. On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday, 29 April 2009.
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Consumer
Credit |
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34. |
On the Order of the Day being read for the adjourned debate on the question - That the Interim Report of the Environment, Resources and Development Committee on Desalination (Port Stanvac) be noted: Debate resumed. Question put and passed.
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Environment,
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35. |
Ordered - That Orders of the Day (Private Business) No. 32 to No. 34 be Orders of the Day for Wednesday, 29 April 2009.
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Postponement |
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36. |
On the Order of the Day being read for the adjourned debate on the motion of the Hon. M. C. Parnell - That this Council - I. Notes - (a) the increasing frustration of South Australians with the inequity of household water restrictions that limit outside use, whilst allowing unlimited use within the home; (b) the significant potential for abuse of water restriction rules and the reliance of householders dobbing in their neighbours as an enforcement strategy; (c) the increasing need to reduce water demand in the face of the declining health of the River Murray which supplies up to 90% of Adelaide’s potable water during dry years; and (d) that those with access to the quaternary aquifer that underlies the Adelaide plains are able to extract unlimited amounts of water for domestic use; and II. Calls on the Government to - (a) replace the water restriction regime with a household allocation based on occupancy and quarterly meter readings to allow citizens to choose where and how they use their water; (b) prescribe the quaternary aquifer beneath Adelaide and include domestic bore extraction within the household allocation, whilst continuing to exclude water sourced from rainwater tanks to encourage the uptake of domestic rainwater collection systems; and (c) change the water pricing structure by increasing the volumetric costs and reducing other charges to provide more incentive for water users to reduce their demand. On motion of the Hon. B. V. Finnigan, the debate was adjourned until Wednesday, 29 April 2009.
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Water
Usage - |
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37. |
Ordered - That Order of the Day (Private Business) No. 11 be an Order of the Day for Wednesday, 29 April 2009.
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Postponement |
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38. |
Ordered - That Orders of the Day (Private Business) No. 36 to No. 46 be Orders of the Day for Wednesday, 29 April 2009.
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Postponement |
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39. |
The following Message from the House of Assembly was received and read: Message No. 53 MR. PRESIDENT - The House of Assembly has agreed to the Resolution contained in Message No. 38 from the Legislative Council relating to the appointment of Mr. Richard Bingham to the Office of the Ombudsman, without any amendment. House of Assembly, 8 April 2009. J. J. SNELLING, Speaker.
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Message
from
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40. |
At 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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41. |
On the Order of the Day being read for the adjourned debate on the question - That the Electricity (Feed-In Rates) Amendment 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
Clauses No. 1 to No. 5 agreed to. Schedule agreed to. Title agreed to. _____________________
The President resumed the Chair, and reported that the Committee had considered the Bill and had agreed to the same without amendment; whereupon the Council adopted such report. The Minister for Mineral Resources Development, pursuant to contingent notice, moved - That the Standing Orders be so far suspended as to enable the Bill to pass through its remaining stages without delay. Question put and passed. Bill read a third time. Resolved - That this Bill do now pass.
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Electricity
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42. |
The following Message from the House of Assembly was received and read: Message No. 54 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith entitled an Act for the appropriation of money from the Consolidated Account for the financial year ending on 30 June 2010, to which it desires the concurrence of the Legislative Council. House of Assembly, 8 April 2009. J. J. SNELLING, Speaker. Bill read a first time. The Minister for Mineral Resources Development then moved - That this Bill be now read a second time. On motion of the Hon. J.M.A. Lensink, the debate was adjourned until next day of sitting.
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Message
from |
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43. |
On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment and Repeal (Fair Trading) Bill be now read a second time: Debate resumed. Question put and passed. Bill read a second time. Ordered - That the Bill’s consideration in Committee be an Order of the Day for next day of sitting.
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Statutes
Amendment |
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44. |
Ordered - That Orders of the Day (Government Business) No. 3 to No. 5 be Orders of the Day for next day of sitting.
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Postponement |
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45. |
On the Order of the Day being read for the adjourned debate on the question - That the Mental Health Bill be now read a second time: Debate resumed. And the Hon. A. M. Bressington having obtained leave to conclude her remarks, the debate was adjourned until next day of sitting.
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Mental Health Bill. |
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46. |
Ordered - That all 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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47. |
Ordered - That the Council, at its rising, do adjourn until Tuesday, 28 April 2009.
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Next Day of Sitting. |
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48. |
Council adjourned at twenty two minutes to eleven o’clock until Tuesday, 28 April 2009, 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. 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
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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
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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. D. N. Winderlich The Hon. R. P. Wortley The Hon. C. Zollo
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