SOUTH AUSTRALIA]
No. 51
MINUTES OF THE PROCEEDINGS
OF THE
LEGISLATIVE COUNCIL
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TUESDAY 3 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. |
A Messenger from the Governor having been announced by Black Rod, the following Message was received and read: Message No. 5. 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. 32 of 2002 - An Act to provide for the revision and publication of South Australian legislation; to repeal the Acts Republication Act 1967; to amend the Evidence Act 1929 and the Subordinate Legislation Act 1978; and for other purposes. No. 33 of 2002 - An Act to amend the Acts Interpretation Act 1915, the Administration and Probate Act 1919, the Criminal Law (Sentencing) Act 1988, the Domestic Violence Act 1994, the Evidence Act 1929, the Expiation of Offences Act 1996, the Partnership Act 1891, the Real Property Act 1886, the Summary Offences Act 1953, the Trustee Act 1936, the Trustee Companies Act 1988 and the Worker’s Liens Act 1893. No. 34 of 2002 - An Act to amend the Authorised Betting Operations Act 2000, the Broken Hill Proprietary Company’s Indenture Act 1937, the Broken Hill Proprietary Company’s Steel Works Indenture Act 1958, the Casino Act 1997, the Co-operatives Act 1997, the Corporations (Ancillary Provisions) Act 2001, the Liquor Licensing Act 1997, the Motor Vehicles Act 1959, the Racing (Proprietary Business Licensing) Act 2000 and the Stamp Duties Act 1923. No. 35 of 2002 - An Act to amend the Financial Sector (Transfer of Business) Act 1999, the First Home Owner Grant Act 2000, the Pay-roll Tax Act 1971, the Petroleum Products Regulation Act 1995, the Stamp Duties Act 1923 and the Taxation Administration Act 1996. No. 36 of 2002 - An Act to amend the Ombudsman Act 1972. No. 37 of 2002 - An Act to amend the Civil Aviation (Carriers’ Liability) Act 1962, the Harbors and Navigation Act 1993, the Motor Vehicles Act 1959 and the Road Traffic Act 1961. No. 38 of 2002 - An Act to provide for the award of damages for the benefit of the dependants or the estate of a deceased person where a person against whom a claim for personal injury lies unreasonably delays resolution of the claim; to amend the Wrongs Act 1936 and the Survival of Causes of Action Act 1940 for that and other purposes.
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Message
from |
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No. 39 of 2002 - An Act to amend the Stamp Duties Act 1923. No. 40 of 2002 - An Act to amend the Constitution Act 1934. Government House, Adelaide, 3 December 2002. MARJORIE JACKSON-NELSON, Governor.
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3. |
Answer to Question on Notice No. 20 received this day was tabled by the President who directed that it be distributed and printed in Hansard.
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Answer
to |
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4. |
The following Papers were laid upon the Table, viz.: By the President - Reports, 2001-2002 - City of Mitcham. City of West Torrens. District Council of Berri Barmera. District Council of The Coorong. District Council of Elliston. District Council of Le Hunte. District Council of Renmark Paringa. District Council of Streaky Bay. District Council of Tatiara. By the Minister for Agriculture, Food and Fisheries (The Hon. P. Holloway) - South Australian Sheep Advisory Group - Report, 2001-2002. By the Minister for Aboriginal Affairs and Reconciliation (The Hon. T. G. Roberts) - Reports, 2001-2002 - Carrick Hill Trust. History Trust of South Australia. Windmill Performing Arts Company.
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Papers. |
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5. |
The Minister for Aboriginal Affairs and Reconciliation tabled a copy of a Ministerial Statement made by the Minister for Environment and Conservation (The Hon. J. D. Hill, M.P.) concerning Shack Freeholding.
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Paper Tabled. |
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6. |
Ordered - That Orders of the Day (Government Business) No. 1 to No. 5 be Orders of the Day for next day of sitting.
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Postponement
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7. |
On the Order of the Day being read for the adjourned debate on the on the question - That the Training and Development Skills 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. 35 agreed to. Clause No. 36 read. The Hon. R. I. Lucas moved on page 25, line 14, after “certified agreement” to insert “or an Australian workplace agreement”. |
Training
and |
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The Hon. R. K. Sneath, by leave, tabled a letter with attachments from Paul Strong, Executive HR Manager, T&R Murray Bridge Pty. Ltd., to an employee dated 17 October 2002, together with a copy of a document titled “Coming to a Workplace Near You …. A Summary of the Individual Employment Contract (Australian Workplace Agreement - AWA) which the Employer is Imposing on Workers at the T & R Abattoir at Murray Bridge, September 1999”. Question - That the amendment be agreed to - put. |
Documents |
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Committee divided: Ayes, 11 The Hon. T. G. Cameron The Hon. J.S.L. Dawkins The Hon. A. L. Evans The Hon. D. V. Laidlaw The Hon. R. D. Lawson The Hon. A. J. Redford The Hon. D. W. Ridgway The Hon. C. V. Schaefer The Hon. J. F. Stefani The Hon. T. J. Stephens The Hon. R. I. Lucas (Teller) So it was resolved in the affirmative. |
Noes, 9 The Hon. M. J. Elliott The Hon. G. E. Gago The Hon. J. M. Gazzola The Hon. I. Gilfillan The Hon. P. Holloway The Hon. S. M. Kanck The Hon. R. K. Sneath The Hon. C. Zollo The Hon. T. G. Roberts (Teller)
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Clause No. 36, as amended, agreed to. Clauses No. 37 to No. 57 agreed to. Schedule 1 agreed to. Schedule 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 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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On the Order of the Day being read for the adjourned debate on the question - That the Criminal Law (Forensic Procedures) (Miscellaneous) Amendment 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 postponed and taken into consideration on motion.
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Criminal
Law |
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Ordered - That Order of the Day (Government Business) No. 8 be an Order of the Day for next day of sitting.
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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 Terrorism (Commonwealth Powers) Bill be now read a second time: Debate resumed. And the Hon. S. M. Kanck having obtained leave to conclude her remarks, the debate was adjourned until next day of sitting.
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Terrorism
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11. |
At one minute 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
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The Council, according to order, resolved itself into a Committee of the Whole for the consideration of Message No. 79 from the House of Assembly relating to the Criminal Law (Sentencing) (Sentencing Guidelines) Amendment Bill.
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Criminal
Law |
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In the Committee
The Minister for Aboriginal Affairs and Reconciliation moved - That the amendments be not insisted on. 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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On the Order of the Day being read for the adjourned debate on the question - That the Local Government (Access to Meetings and Documents) Amendment Bill be now read a second time: Debate resumed. On motion of the Hon. C. Zollo, the debate was adjourned until next day of sitting.
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Local
Government |
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Ordered - That Orders of the Day (Government Business) No. 12 to No. 14 be Orders of the Day for next day of sitting.
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Postponement
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Ordered - That 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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On the Order of the Day being read for the adjourned debate on the on the question - That the Controlled Substances (Cannabis) Amendment Bill be now read a second time: Debate resumed. On motion of the Hon. G. E. Gago, the debate was adjourned until next day of sitting.
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Controlled
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Ordered - That Orders of the Day (Private Business) No. 1 and No. 2 be Orders of the Day for next day of sitting.
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Postponement
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The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Criminal Law (Forensic Procedures) (Miscellaneous) Amendment Bill.
In the Committee
Clauses No. 1 and No. 2 agreed to. Clause No. 3 amended and agreed to. New clause No. 3A inserted. Clauses No. 4 to No. 7 agreed to. Clause No. 8 postponed until after consideration of clause No. 43. Clauses No. 9 and No. 10 agreed to. Clause No. 11 read. The Minister for Aboriginal Affairs and Reconciliation moved on page 14, after line 13, to insert new subclauses as follow: “(2) Before a forensic procedure authorised under subsection (1)(c) is carried out on a person, a police officer must inform the person that— (a) reasonable force may be used to carry out the forensic procedure; and (b) if the person obstructs or resists a person in connection with the carrying out of the procedure, evidence of that fact may be admissible in proceedings against the person. (3) If a forensic procedure authorised under subsection (1)(c) is to be carried out on a person who is not in lawful custody, a senior police officer may issue directions about— (a) the time, place and manner in which the forensic procedure is to be carried out; and (b) custody of the person while the forensic procedure is being carried out; and (c) any other incidental matter.
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Criminal
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(4) A written record of any directions issued under subsection (3) in relation to a forensic procedure must be given to the person on whom the procedure is to be carried out and the person must be informed that if the person fails to comply with those directions, a warrant may be issued by the Magistrates Court for the arrest of the person for the purpose of carrying out the forensic procedure. (5) If a person fails to comply with directions issued under subsection (3) in relation to a forensic procedure, a police officer may apply to the Magistrates Court for the issue of a warrant to have the person arrested and brought to a police station specified in the application for the purpose of carrying out the forensic procedure. (6) The Magistrates Court must issue a warrant for the arrest of person under subsection (5) if satisfied that the person has failed to comply with directions issued under subsection (3).” The Hon. R. D. Lawson moved to amend the amendment moved by the Minister for Aboriginal Affairs and Reconciliation by leaving out subclause (4) and inserting new subclause as follows: “(4) A written record of any directions issued under subsection (3) in relation to a forensic procedure must be given to the person on whom the procedure is to be carried out and the person must be informed— (a) of the nature of the suspected offence; and (b) that if the person fails to comply with the directions, a warrant may be issued by the Magistrates Court for the arrest of the person for the purpose of carrying out the forensic procedure.” Question - That the amendment moved by the Hon. R. D. Lawson to the amendment moved by the Minister for Aboriginal Affairs and Reconciliation be agreed to - put and passed. Question - That the amendment moved by the Minister for Aboriginal Affairs and Reconciliation, as amended by the Hon. R. D. Lawson, be agreed to - put and passed. Clause No. 11, as amended, agreed to. Clauses No. 12 to No. 16 agreed to. Clause No. 17 amended and agreed to. Clause No. 18 agreed to. Clause No. 19 amended and agreed to. Clause No. 20 agreed to. Clause No. 21 amended and agreed to. Clauses No. 22 to No. 38 agreed to. Clause No. 39 amended and agreed to. Clause No. 40 agreed to. Clause No. 41 amended and agreed to. Clauses No. 42 and No. 43 agreed to. Postponed clause No. 8 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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Council adjourned at nine minutes past 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 |
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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