SOUTH AUSTRALIA]
No. 50
MINUTES OF THE PROCEEDINGS
OF THE
LEGISLATIVE COUNCIL
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MONDAY 2 DECEMBER 2002
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1. |
Council met pursuant to adjournment. The President (The Hon. R. R. Roberts) took the Chair. The President read prayers.
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Meeting
of |
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2. |
The following Papers were laid upon the Table, viz.: By the President - Ombudsman - Report, 2001-2002. By the Minister for Aboriginal Affairs and Reconciliation (The Hon. T. G. Roberts) - Regulations under the following Acts - Legal Practitioners Act 1981 - Fees. Liquor Licensing Act 1997 - Dry Areas - Glenelg, Brighton, Seacliff. Oakbank School Exemption. Trade Measurement Act 1993 - Temperature Compensation. Wrongs Act 1936 - Personal Injury Liability. Authorised Betting Operations Act Review. District Council By-laws - Kingston - No. 1 - Permits and Penalties. No. 2 - Moveable Signs. No. 3 - Local Government Land. No. 4 - Roads. No. 5 - Dogs. By the Minister for Correctional Services (The Hon. T. G. Roberts) - Correctional Services Advisory Council - Report, 2001-2002.
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Papers. |
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3. |
The Minister for Aboriginal Affairs and Reconciliation, without notice, moved - That the Standing Orders be so far suspended as to enable him to move for the substitution, by motion, of a Member on the Select Committee on Retail Trading Hours. 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
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The Minister for Aboriginal Affairs and Reconciliation moved - That the Hon. I. Gilfillan be substituted in place of the Hon. M. J. Elliott, resigned, on the Select Committee on Retail Trading Hours. Question put and passed.
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Select
Committee |
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4. |
The Minister for Agriculture, Food and Fisheries, without notice, moved - That the Standing Orders be so far suspended as to enable him to move that the Order made on Thursday, 28 November 2002 for the second reading of the Controlled Substances (Cannabis) Amendment Bill to be an Order of the Day for Wednesday, 4 November 2002, be rescinded and for the Bill to be taken into consideration forthwith. Question put and passed, without a dissentient voice, there being present an absolute majority of the whole number of Members of the Council. The Minister for Aboriginal Affairs and Reconciliation then moved - That the Order made on Thursday, 28 November 2002, for the second reading of the Controlled Substances (Cannabis) Amendment Bill to be an Order of the Day for Wednesday, 4 November 2002, be rescinded and for the Bill to be taken into consideration forthwith. Question put and passed.
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Suspension
of
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5. |
The Hon. R. D. Lawson, according to order, moved - That the Controlled Substances (Cannabis) Amendment Bill be now read a second time. On motion of the Hon. C. Zollo, the debate was adjourned until next day of sitting.
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Controlled
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6. |
The Minister for Aboriginal Affairs and Reconciliation, pursuant to notice, moved - That this Council requests Her Excellency The Governor to make a proclamation under section 43(4) of the National Parks and Wildlife Act 1972 to vary the proclamation made under Part 3 of that Act on 4 November 1993 (Gazette, 4 November 1993, page 2175) so as to remove the ability to acquire or exercise pursuant to that proclamation rights of entry, prospecting, exploration or mining under the Mining Act 1971 or the Petroleum Act 1940 (or its successor) over the portion of the Vivonne Bay Conservation Park described as Sections 6 and 125, Hundred of Newland. On motion of the Hon. I. Gilfillan, the debate was adjourned and ordered to be resumed on motion.
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National
Parks |
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7. |
The Minister for Aboriginal Affairs and Reconciliation, pursuant to notice, moved - That this Council requests Her Excellency The Governor to make a proclamation under section 43(4) of the National Parks and Wildlife Act 1972 to vary the proclamation made under Part 3 of that Act on 4 November 1993 (Gazette, 4 November 1993, page 2175) so as to remove the ability to: (a) acquire or exercise pursuant to that proclamation rights of entry, prospecting, exploration or mining under the Petroleum Act 1940 (or its successor); or (b) acquire pursuant to that proclamation rights of entry, prospecting, exploration or mining under the Mining Act 1971, over the portion of the Seal Bay Conservation Park described as Section 3, Hundered of Seddon. On motion of the Hon. C. V. Schaefer, the debate was adjourned until next day of sitting.
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National
Parks |
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8. |
The Minister for Aboriginal Affairs and Reconciliation, pursuant to notice, moved - That this Council requests Her Excellency The Governor to make a proclamation under section 43(4) of the National Parks and Wildlife Act 1972 to vary the proclamation made under sections 30 and 43 of that Act on 16 September 1993 so as to remove the ability to acquire or exercise pursuant to that proclamation rights of entry, prospecting, exploration or mining under the Mining Act 1971 over the land constituted by that proclamation as the Lashmar Conservation Park. On motion of the Hon. C. V. Schaefer, the debate was adjourned until next day of sitting.
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National
Parks |
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9. |
Ordered - That Orders of the Day (Government Business) No. 1 to No. 4 be Orders of the Day for next day of sitting.
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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 further consideration of the Upper South East Dryland Salinity and Flood Management Bill.
In the Committee
Clause No. 3, to which the Hon. C. V. Schaefer, by leave, moved her original amendment on page 5, line 14, after “Upper South East” in an amended form by inserting “that are identified as key environmental features by the Minister by notice in the Gazette” - further considered. Question - That the amendment be agreed to - put and passed.
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Upper
South East |
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Clause No. 3, as amended and otherwise amended, agreed to. Clauses No. 4 to No. 11 agreed to. Clause No. 12 amended and agreed to. New clause No. 12A inserted. Clauses No. 13 to No. 29 agreed to. Clause No. 30 amended and agreed to. Clauses No. 31 to No. 41 agreed to. The Hon. C. V. Schaefer moved on page 37, after line 33, to insert new clause as follows: “Parliamentary Committee 41A. (1) The Upper South East Project Parliamentary Committee is established. (2) The functions of the Committee are— (a) to take an interest in— (i) the Minister's progress in constructing the works required to implement the Project; and (ii) the effectiveness of what is being done to improve the management of water in the Upper South East; and (iii) the extent to which the Minister is achieving various milestones in the protection, enhancement and re-establishment of key environmental features through the implementation of the Project; and (iv) the manner in which the Minister's powers under this Act are being exercised; and (v) the overall operation and administration of this Act; and (b) as appropriate, to provide recommendations to the Minister in relation to any matter relevant to the administration of this Act; and (c) to consider any matter referred to the Committee by the Minister, or by resolution of both Houses; and (d) to provide, on or before 31 December in each year, an annual report to the Parliament on the work of the Committee during the preceding financial year. (3) The Minister must, in connection with the operation of subsection (2), provide to the Committee quarterly reports on the implementation of the Project under this Act. (4) The quarterly report that is provided at the end of the third year of the operation of this Act must include a detailed assessment of— (a) the amount of work that remains to be done to implement the Project under this Act; and (b) the appropriateness of bringing this Act to an end before the fourth anniversary of the commencement of this Act. (5) The Committee is to consist of— (a) three members of the House of Assembly appointed by that House; and (b) three members of the Legislative Council appointed by that House. (6) The Committee may (but need not) have the Minister as a member. (7) The seat of a member of the Committee becomes vacant if— (a) the member dies; or (b) the member delivers a written notice of resignation from the Committee to the Presiding Member of his or her appointing House; or (c) the member ceases to be a member of his or her appointing House; or (d) the member is removed from office by resolution of his or her appointing House. (8) The Committee will from time to time appoint one of its members to be the presiding member of the Committee. (9) Four members constitute a quorum of the Committee. (10) All questions to be decided by the Committee must be decided by a majority of votes of the members present and, in the event of an equality of votes, the member presiding at the meeting has a second or casting vote.” The Hon. M. J. Elliott moved on page 37, after line 33, to insert new clause as follows: “ERD Committee to oversee operation of Act 41A. (1) The Environment, Resources and Development Committee of the Parliament is to consider -
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(a) the effectiveness of what is being done under this Act to improve the management of water in the Upper South East, and to protect, enhance and re-establish key environmental features through the implementation of the Project; and (b) the manner in which the Minister’s powers under this Act are being exercised; and (c) the overall operation and administration of this Act; and (d) any other matter concerning the operation or administration of this Act referred to the Committee by resolution of both Houses. (2) The Minister must, in connection with the operation of subsection (1), provide to the Committee six-monthly reports on the implementation of the Project under this Act. (3) The six-monthly report that is provided at the end of the third year of the operation of this Act must include a detailed assessment of - (a) the amount of work that remains to be done to implement the Project under this Act; and (b) the appropriateness of bringing this Act to an end before the fourth anniversary of the commencement of this Act.” (4) The Committee must, on or before 31 December in each year, provide to the Parliament a report on matters considered by the Committee under this section during the preceding financial year.” 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 motion.
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11. |
Ordered - That Orders of the Day (Government Business) No. 6 and No. 7 be Orders of the Day for next day of sitting.
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Postponement
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12. |
On the Order of the Day being read for the adjourned debate on the on the question - That the Criminal Law (Forensic Procedures) (Miscellaneous) Amendment Bill be now read a second time: Debate resumed. On motion of the Hon. C. Zollo, the debate was adjourned and ordered to be resumed on motion.
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Criminal
Law |
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13. |
On the Order of the Day being read for the adjourned debate on the on the question - That the Education (Charges) Amendment 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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Education
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14. |
Ordered - That Orders of the Day (Government Business) No. 10 to No. 13 and Orders of the Day (Private Business) No. 1 and No. 2 be postponed and taken into consideration after Order of the Day (Private Business) No. 3.
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Postponement
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15. |
On the Order of the Day being read for the adjourned debate on the on the question - That the Gene Technology (Temporary Prohibition) Bill be now read a second time: Debate resumed. Question put. |
Gene
Technology |
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Council divided: Ayes, 5 The Hon. T. G. Cameron The Hon. M. J. Elliott The Hon. S. M. Kanck The Hon. J. F. Stefani The Hon. I. Gilfillan (Teller)
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Noes, 13 The Hon. J.S.L. Dawkins The Hon. G. E. Gago The Hon. J. M. Gazzola The Hon. D. V. Laidlaw The Hon. R. D. Lawson The Hon. A. J. Redford The Hon. D. W. Ridgway The Hon. T. G. Roberts The Hon. C. V. Schaefer The Hon. R. K. Sneath The Hon. T. J. Stephens The Hon. C. Zollo The Hon. P. Holloway (Teller) |
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So it passed in the negative.
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16. |
The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Upper South East Dryland Salinity and Flood Management Bill.
In the Committee
New clause No. 41A, which the Hon. C. V. Schaefer had moved to insert on page 37, after line 33, as follows: “Parliamentary Committee 41A. (1) The Upper South East Project Parliamentary Committee is established. (2) The functions of the Committee are— (a) to take an interest in— (i) the Minister's progress in constructing the works required to implement the Project; and (ii) the effectiveness of what is being done to improve the management of water in the Upper South East; and (iii) the extent to which the Minister is achieving various milestones in the protection, enhancement and re-establishment of key environmental features through the implementation of the Project; and (iv) the manner in which the Minister's powers under this Act are being exercised; and (v) the overall operation and administration of this Act; and (b) as appropriate, to provide recommendations to the Minister in relation to any matter relevant to the administration of this Act; and (c) to consider any matter referred to the Committee by the Minister, or by resolution of both Houses; and (d) to provide, on or before 31 December in each year, an annual report to the Parliament on the work of the Committee during the preceding financial year. (3) The Minister must, in connection with the operation of subsection (2), provide to the Committee quarterly reports on the implementation of the Project under this Act. (4) The quarterly report that is provided at the end of the third year of the operation of this Act must include a detailed assessment of— (a) the amount of work that remains to be done to implement the Project under this Act; and (b) the appropriateness of bringing this Act to an end before the fourth anniversary of the commencement of this Act. (5) The Committee is to consist of— (a) three members of the House of Assembly appointed by that House; and (b) three members of the Legislative Council appointed by that House. (6) The Committee may (but need not) have the Minister as a member.
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Upper
South East |
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(7) The seat of a member of the Committee becomes vacant if— (a) the member dies; or (b) the member delivers a written notice of resignation from the Committee to the Presiding Member of his or her appointing House; or (c) the member ceases to be a member of his or her appointing House; or (d) the member is removed from office by resolution of his or her appointing House. (8) The Committee will from time to time appoint one of its members to be the presiding member of the Committee. (9) Four members constitute a quorum of the Committee. (10) All questions to be decided by the Committee must be decided by a majority of votes of the members present and, in the event of an equality of votes, the member presiding at the meeting has a second or casting vote.” and which The Hon. M. J. Elliott had moved to insert on page 37, after line 33, as follows: “ERD Committee to oversee operation of Act 41A. (1) The Environment, Resources and Development Committee of the Parliament is to consider - (a) he effectiveness of what is being done under this Act to improve the management of water in the Upper South East, and to protect, enhance and re-establish key environmental features through the implementation of the Project; and (b) the manner in which the Minister’s powers under this Act are being exercised; and (c) the overall operation and administration of this Act; and (d) any other matter concerning the operation or administration of this Act referred to the Committee by resolution of both Houses. (2) The Minister must, in connection with the operation of subsection (1), provide to the Committee six-monthly reports on the implementation of the Project under this Act. (3) The six-monthly report that is provided at the end of the third year of the operation of this Act must include a detailed assessment of - (a) the amount of work that remains to be done to implement the Project under this Act; and (b) the appropriateness of bringing this Act to an end before the fourth anniversary of the commencement of this Act.” (4) The Committee must, on or before 31 December in each year, provide to the Parliament a report on matters considered by the Committee under this section during the preceding financial year.” - further considered. The Hon. M. J. Elliott, by leave, withdrew his amendment and moved to insert new clause in its place as follows: “ERD Committee to oversee operation of Act 41A. (1) The Environment, Resources and Development Committee of the Parliament - (a) is to take an interest in— (i) the Minister's progress in constructing the works required to implement the Project; and (ii) the effectiveness of what is being done to improve the management of water in the Upper South East; and (iii) the extent to which the Minister is achieving various milestones in the protection, enhancement and re-establishment of key environmental features through the implementation of the Project; and (iv) the manner in which the Minister's powers under this Act are being exercised; and (v) the overall operation and administration of this Act; and (b) may, as appropriate, provide recommendations to the Minister in relation to any matter relevant to the administration of this Act; and (c) may consider any matter referred to the Committee by the Minister, or by resolution of both Houses; and (d) must provide, on or before 31 December in each year, a report to the Parliament on the work of the Committee under this Act during the preceding financial year.
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(2) The Minister must, in connection with the operation of subsection (1), provide to the Committee three-monthly reports on the implementation of the Project under this Act. (3) The three-monthly report that is provided at the end of the third year of the operation of this Act must include a detailed assessment of - (a) the amount of work that remains to be done to implement the Project under this Act; and (b) the appropriateness of bringing this Act to an end before the fourth anniversary of the commencement of this Act.” The Hon. C. V. Schaefer moved to amend new clause No. 41A, as proposed to be inserted by the Hon. M. J. Elliott, by inserting new subclause (4) as follows: “(4) The Minister must cause a copy of the report provided to the Committee under subsection (2) to be tabled in both Houses of Parliament”. Question - That new clause No. 41A, as proposed to be inserted by the Hon. C. V. Schaefer, be so inserted - put and negatived. Question - That the amendment moved by the Hon. C. V. Schaefer to new clause No. 41A, as proposed to be inserted by the Hon. M. J. Elliott, be agreed to - put and passed. Question - That new clause No. 41A, as proposed to be inserted by the Hon. M. J. Elliott and as amended by the Hon. C. V. Schaefer, be so inserted - put and passed. New clause No. 41A inserted. Clause No. 42 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 motion.
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17. |
At three minutes past 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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18. |
The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Upper South East Dryland Salinity and Flood Management Bill.
In the Committee
Clause No. 42 further considered and agreed to. Clause No. 43 struck out. New clause No. 43 inserted. Schedule 1 amended and agreed to. Schedule 2 amended and 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 Aboriginal Affairs and Reconciliation, 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. The Minister for Agriculture, Food and Fisheries then moved - That this Bill be now read a third time. Debate ensued. Question put and passed. Bill read a third time. Resolved that this Bill do now pass.
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Upper
South East |
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19. |
Ordered - That Order of the Day (Government Business) No. 10 be an Order of the Day for next day of sitting.
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Postponement
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20. |
Ordered - That the adjourned debate on the question - That the Criminal Law (Forensic Procedures) (Miscellaneous) Amendment Bill be now read a second time - be now resumed. Debate resumed. On motion of the Hon. M. J. Elliott, the debate was adjourned until next day of sitting.
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Criminal
Law |
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21. |
Ordered - That the adjourned debate on the question - That the Education (Charges) Amendment Bill be now read a second time - be now resumed. Debate resumed. Question put. |
Education |
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Council divided: Ayes, 13 The Hon. J.S.L. Dawkins The Hon. A. L. Evans The Hon. G. E. Gago The Hon. J. M. Gazzola The Hon. R. D. Lawson The Hon. R. I. Lucas The Hon. A. J. Redford The Hon. D. W. Ridgway The Hon. T. G. Roberts The Hon. C. V. Schaefer The Hon. T. J. Stephens The Hon. C. Zollo The Hon. P. Holloway (Teller) |
Noes, 4 The Hon. I. Gilfillan The Hon. S. M. Kanck The Hon. J. F. Stefani The Hon. M. J. Elliott (Teller) |
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And it was resolved in the affirmative. 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 agreed to. New clause No. 1A inserted. Clause No. 2 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 Agriculture, Food and Fisheries, 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. The Minister for Agriculture, Food and Fisheries then moved - That this Bill be now read a third time. Question put and passed. Bill read a third time. Resolved - That this Bill do now pass.
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22. |
On the Order of the Day being read for the adjourned debate on the question - That the Terrorism (Commonwealth Powers) Bill be now read a second time: Debate resumed. On motion of the Hon. J. M. Gazzola, the debate was adjourned until next day of sitting.
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Terrorism
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23. |
Ordered - That Orders of the Day (Government Business) No. 12 and No. 13 be Orders of the Day for next day of sitting.
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Postponement
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24. |
Ordered - That Order of the Day (Private Business) No. 1 be an Order of the Day for next day of sitting.
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Postponement
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25. |
Ordered - That Orders of the Day (Private Business) No. 2 and No. 4 be Orders of the Day for Wednesday next.
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Postponement
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26. |
Ordered - That Order of the Day (Private Business) No. 5 be an Order of the Day for next day of sitting.
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Postponement
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27. |
Ordered - That the adjourned debate on the motion of the Minister for Aboriginal Affairs and Reconciliation - That this Council requests Her Excellency The Governor to make a proclamation under section 43(4) of the National Parks and Wildlife Act 1972 to vary the proclamation made under Part 3 of that Act on 4 November 1993 (Gazette, 4 November 1993, page 2175) so as to remove the ability to acquire or exercise pursuant to that proclamation rights of entry, prospecting, exploration or mining under the Mining Act 1971 or the Petroleum Act 1940 (or its successor) over the portion of the Vivonne Bay Conservation Park described as Sections 6 and 125, Hundred of Newland - be an Order of the Day for next day of sitting.
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Postponement
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28. |
Council adjourned at ten 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. T. G. Cameron The Hon. J.S.L. Dawkins The Hon. M. J. Elliott The Hon. A. L. Evans The Hon. G. E. Gago The Hon. J. M. Gazzola The Hon. I. Gilfillan
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The Hon. P. Holloway The Hon. S. M. Kanck The Hon. D. V. Laidlaw The Hon. R. D. Lawson The Hon. R. I. Lucas The Hon. A. J. Redford The Hon. D. W. Ridgway |
The Hon. T. G. Roberts The Hon. C. V. Schaefer The Hon. R. K. Sneath The Hon. J. F. Stefani The Hon. T. J. Stephens The Hon. C. Zollo |
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