Minutes of the Proceedings

SOUTH AUSTRALIA]

No. 52

MINUTES OF THE PROCEEDINGS

OF THE

LEGISLATIVE COUNCIL

_______

WEDNESDAY 4 DECEMBER 2002

1.	Council met pursuant to adjournment. The President (The Hon. R. R. Roberts) took the Chair. The President read prayers.					Meeting of Council.
2.	The Clerk announced that the following Petition had been lodged for presentation: By the Hon. R. D. Lawson from 240 residents of South Australia concerning tail docking. The Petitioners pray that this Honourable House will move to defeat any Bill to ban tail docking until such time as evidence that meets accepted scientific standards is provided and appropriate consultation is undertaken.					Petition - No. 28 - Tail Docking.
3.	The following Papers were laid upon the Table, viz.: By the President - Police Complaints Authority - Report, 2001-2002. By the Minister for Agriculture, Food and Fisheries (The Hon. P. Holloway) - Police Superannuation Board - Report, 2001-2002. By the Minister for Aboriginal Affairs and Reconciliation (The Hon. T. G. Roberts) - Reports, 2001-2002 - Education Adelaide. Local Government Grants Commission - South Australia. Activities of the Supported Residential Facilities Advisory Committee Report for the period July 2001 to December 2001.					Papers.
4.	The Hon. C. Zollo brought up the Seventeenth Report, 2002-2003 of the Legislative Review Committee, which was read by the Clerk as follows - The Regulations 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 and By-laws, the Committee may decide to take no further action. Regulations referred to - Fisheries Act 1982 - Northern Zone Rock Lobster. Freedom of Information Act 1991 - Essential Services Commission. By-laws - City of Victor Harbor - No. 3 - Local Government Land. No. 4 - Roads.					Legislative Review Committee - Seventeenth Report, 2002-2003.
	By-laws (contd.) - Alexandrina Council - No. 3 - Local Government Land. No. 4 - Roads.
5.	The Hon. C. Zollo brought up the Eighteenth Report, 2002-2003 of the Legislative Review Committee.					Legislative Review Committee - Eighteenth Report, 2002-2003.
6.	The Minister for Agriculture, Food and Fisheries tabled copy of Ministerial Statement made by the Deputy Premier (The Hon. K. O. Foley, M.P.) concerning Future ICT Service Provision to Government.					Paper Tabled.
7.	The Minister for Agriculture, Food and Fisheries tabled copy of Ministerial Statement made by the Minister for Government Enterprises (The Hon. P. F. Conlon, M.P.) concerning Water Restrictions on the Eyre Peninsula.					Paper Tabled.
8.	The Minister for Aboriginal Affairs and Reconciliation tabled copy of Ministerial Statement made by the Attorney-General (The Hon. M. J. Atkinson, M.P.) concerning the Statutes Amendment (Anti-Fortification) Bill 2002.					Paper Tabled.
9.	The Minister for Aboriginal Affairs and Reconciliation tabled copy of Ministerial Statement made by the Minister for Health (The Hon. L. Stevens, M.P.) concerning the Review of Infection Control in South Australian Metropolitan Hospitals.					Paper Tabled.
10.	The President, pursuant to Sessional Order, made the following Statement concerning a request for a Citizen’s Right of Reply: “I have to advise that I have received a letter from Ms. Matilda Bawden requesting a Right of Reply in accordance with the Sessional Standing Order passed by this Council on Wednesday, 8 May 2002. In her letter of 29 November 2002, Ms. Bawden considers that she has been ‘misrepresented’ in her views and beliefs in the Legislative Council on Wednesday, 27 November 2002. Following the procedures set out in the Sessional Standing Order, I have given consideration to this matter and believe that it complies with the requirements of the Sessional Standing Order. Therefore I grant the request and direct that Ms. Bawden’s reply be incorporated in Hansard.”					Citizen’s Right of Reply - Ms. Matilda Bawden in response to comments made by the Hon. A. J. Redford - Incorporation into Hansard.
11.	The Minister for Agriculture, Food and Fisheries, without notice, moved - That the Standing Orders be so far suspended as to enable him to move a Motion without Notice concerning the appointment of a Member to the Environment, Resources and Development Committee. 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.
	The Minister for Agriculture, Food and Fisheries moved - That, pursuant to section 21(3) of the Parliamentary Committees Act 1991, the Hon. S. M. Kanck be appointed to the Environment, Resources and Development Committee in place of the Hon. M. J. Elliott, resigned. Question put and passed.					Environment, Resources and Development Committee - Appointment of Hon. S. M. Kanck.
12.	The Minister for Agriculture, Food and Fisheries, without notice, moved - That the Standing Orders be so far suspended as to enable him to move a Motion without Notice concerning the appointment of a Member to the Statutory Officers Committee. 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.
	The Minister for Agriculture, Food and Fisheries moved - That, pursuant to section 21(3) of the Parliamentary Committees Act 1991, the Hon. I. Gilfillan be appointed to the Statutory Officers Committee in place of the Hon. M. J. Elliott, resigned. Question put and passed.					Statutory Officers Committee - Appointment of Hon. I. Gilfillan.
13.	The Minister for Agriculture, Food and Fisheries, without notice, moved - That the Standing Orders be so far suspended as to enable him to move a Motion without Notice concerning the appointment of a Member to the Occupational Safety, Rehabilitation and Compensation Committee. 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.
	The Minister for Agriculture, Food and Fisheries moved - That, pursuant to section 21(3) of the Parliamentary Committees Act 1991, the Hon. I. Gilfillan be appointed to the Occupational Safety, Rehabilitation and Compensation Committee in place of the Hon. M. J. Elliott, resigned. Question put and passed.					Occupational Safety, Rehabilitation and Compensation Committee - Appointment of Hon. I. Gilfillan.
14.	In accordance with Sessional Standing Order, the President called on Members to make Statements on Matters of Interest.					Statements on Matters of Interest.
15.	Ordered - That Notices of Motion (Private Business) No. 1 to No. 3 and Orders of the Day (Private Business) No. 1 to No. 30 be postponed and taken into consideration after Order of the Day (Government Business) No. 13.					Postponement of Business.
16.	The Minister for Agriculture, Food and Fisheries, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to provide for stabilisation of the chicken meat industry; to repeal the Poultry Meat Industry Act 1969, and for other purposes. Question put and passed. Bill introduced and read a first time. The Minister for Agriculture, Food and Fisheries then moved - That this Bill be now read a second time. On motion of the Hon. C. V. Schaefer, the debate was adjourned until next day of sitting.					Chicken Meat Industry Bill.
17.	The Minister for Agriculture, Food and Fisheries, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Mines and Works Inspection Act 1920 and the Mining Act 1971. Question put and passed. Bill introduced and read a first time. The Minister for Agriculture, Food and Fisheries then moved - That this Bill be now read a second time. On motion of the Hon. C. V. Schaefer, the debate was adjourned until next day of sitting.					Statutes Amendment (Mining) Bill.
18.	The Minister for Agriculture, Food and Fisheries, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to protect animal health, safety and welfare and the public interest by providing for the registration of veterinary surgeons; to regulate the provision of veterinary treatment for the purposes of maintaining high standards of competence and conduct by veterinary surgeons; to repeal the Veterinary Surgeons Act 1985; and for other purposes. Question put and passed. Bill introduced and read a first time. The Minister for Agriculture, Food and Fisheries then moved - That this Bill be now read a second time. On motion of the Hon. C. V. Schaefer, the debate was adjourned until next day of sitting.					Veterinary Practice Bill.
19.	The Hon. J. M. Gazzola, by leave, tabled the Minutes of Evidence and written submissions of the Legislative Review Committee on Regulations under the Fisheries Act 1982, concerning Giant Crab Quota System and Individual Giant Crab Quota System.					Legislative Review Committee - Minutes of Evidence - Fisheries Act - Regulations - Giant Crab Quota System and Individual Giant Crab Quota System.
20.	The Minister for Aboriginal Affairs and Reconciliation, by leave, tabled copy of Ministerial Statement made by the Minister for Transport (The Hon. M. J. Wright, M.P.) concerning HF Emergency Radio System.					Paper Tabled.
21.	Ordered - That Orders of the Day (Government Business) No. 1 to No. 4 be Orders of the Day for next day of sitting.					Postponement of Business.
22.	Ordered - That Order of the Day (Government Business) No. 5 be postponed and taken into consideration after Order of the Day (Government Business) No. 6.					Postponement of Business.
23.	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 Postponed clause No. 8 further considered. The Hon. R. D. Lawson moved on page 8, lines 6 to 11, to leave out the clause and insert new clause as follows: “Substitution of s. 13 8. Section 13 of the principal Act is repealed and the following section is substituted: Taking samples of hair 13. If a sample of hair that includes the root of the hair is to be taken from a person in the course of a forensic procedure, the person carrying out the procedure must ensure that— (a) the person takes only so much hair as he or she believes is necessary for proper examination or analysis of the sample; and (b) each strand of hair is taken individually using the least painful technique known and available to the person.” Question - That clause No. 8 stand as printed - put and passed. 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 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. Bill read a third time. Resolved - That this Bill do now pass.					Criminal Law (Forensic Procedures) (Miscellaneous) Amendment Bill.
24.	Ordered - That Order of the Day (Government Business) No. 5, No. 7 and No. 8 be postponed and taken into consideration after Order of the Day (Government Business) No. 9.					Postponement of Business.
25.	The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of Message No. 79 from the House of Assembly relating to the Criminal Law (Sentencing) (Sentencing Guidelines) Amendment Bill. In the Committee Motion of the Minister for Aboriginal Affairs and Reconciliation - That the amendments be not insisted on - further considered. Question - That the amendments be insisted on - put.					Criminal Law (Sentencing) (Sentencing Guidelines) Amendment Bill.
	Committee divided: Ayes, 10 The Hon. T. G. Cameron The Hon. J.S.L. Dawkins The Hon. A. L. Evans The Hon. D. V. Laidlaw The Hon. R. I. Lucas The Hon. A. J. Redford The Hon. D. W. Ridgway The Hon. J. F. Stefani The Hon. T. J. Stephens The Hon. R. D. Lawson (Teller) So it was resolved in the affirmative.			Noes, 8 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. C. Zollo The Hon. T. G. Roberts (Teller)
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	The President resumed the Chair, and reported accordingly; whereupon the Council adopted such report.
26.	Ordered - That Orders of the Day (Government Business) No. 5, No. 7 and No. 8 be postponed and taken into consideration after Order of the Day (Government Business) No. 10.					Postponement of Business.
27.	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. 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.					Local Government (Access to Meetings and Documents) Amendment Bill.
28.	At five 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.					Suspension and Resumption of Sitting.
29.	The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Local Government (Access to Meetings and Documents) Amendment Bill. In the Committee Clauses No. 1 to No. 6 agreed to. The Hon. A. J. Redford moved on page 4, after line 30, to insert new clause as follows: “Amendment of s. 50—Public consultation policies 6A. Section 50 of the principal Act is amended by inserting after subsection (9) the following subsection: (10) Subject to any other provision of this Act, a council may, for the purposes of this Act, combine a report and public consultation process required under one provision of this Act with a report and public consultation process required under another provision of this Act.” Question - That new clause No. 6A, as proposed to be inserted by the Hon. A. J. Redford, be so inserted - put.					Local Government (Access to Meetings and Documents) Amendment Bill.
	Committee divided: Ayes, 8 The Hon. J.S.L. Dawkins The Hon. D. V. Laidlaw The Hon. R. D. Lawson The Hon. R. I. Lucas The Hon. D. W. Ridgway The Hon. C. V. Schaefer The Hon. J. F. Stefani The Hon. A. J. Redford (Teller)			Noes, 8 The Hon. M. J. Elliott 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)
	And there being an equality of votes, the Chairperson gave his casting vote to the “Noes”. So it passed in the negative. Clause No. 7 read. The Hon. A. J. Redford moved on page 4, lines 32 to 37, to leave out all words in these lines after “amended” in line 32 and insert the following: “— (a) by inserting after paragraph (d) of subsection (1) the following paragraph and word: (da) is elected to another office in the council; or (b) by striking out subsection (2) and substituting the following subsection: (2) For the avoidance of doubt, subsection (1)(da) operates so that the office of the member held immediately before the relevant election becomes vacant but the member continues as a member of the council in his or her new office.; (c) by inserting in subsection (6) “under subsection (1)(d) or the member continues in office in the situation described in subsection (2)” after “by the council”.” Question -That the amendment be agreed to - put and negatived.					Chairperson’s Casting Vote.
	Clause No. 7 agreed to. Clauses No. 8 to No. 17 agreed to. The Hon. A. J. Redford moved on page 8, after line 31, to insert new clauses as follows: “Amendment of s. 153—Declaration of general rate (including differential general rates) 17A. Section 153 of the principal Act is amended by inserting after subsection (3) the following subsections: (4) If a council is proposing to fix rates under this section for a particular financial year that will, according to the council's proposal, result in the council recovering from general rates charged on land within the area of the council for that financial year an amount (in total) that exceeds the amount (in total) recovered (or expected to be recovered) by the council from general rates charged on the same land for the immediately preceding financial year plus the relevant adjustment factor under subsection (9), the council must, before declaring those rates— (a) prepare a report on the council's proposal; and (b) follow the relevant steps set out in its public consultation policy. (5) A report prepared for the purposes of subsection (4)(a) must address the following: (a) the reasons for the proposed increase in general rates above the relevant adjustment factor; (b) the way in which general rates fit into the council's overall rates structure and policies; (c) in so far as may be reasonably practicable, the likely impact of the proposed increase in rates on ratepayers (using such assumptions, rate modelling and levels of detail as the council thinks fit); (b) issues concerning equity within the community, and may address other issues considered relevant by the council. (6) A public consultation policy for the purposes of subsection (4)(b) must at least provide for— (a) the publication in a newspaper circulating within the area of the council a notice describing the proposed increase in general rates, informing the public of the preparation of the report required under subsection (4)(a), and inviting interested persons— (i) to attend a public meeting in relation to the matter to be held on a date (which must be at least 21 days after the publication of the notice) stated in the notice; or (ii) to make written submissions in relation to the matter within a period (which must be at least 21 days) stated in the notice; and (b) the council to organise the public meeting contemplated by paragraph (a)(i) and the consideration by the council of any submissions made at that meeting or in response to the invitation under paragraph (a)(ii). (7) The council must ensure that copies of the report required under subsection (4)(a) are available at the meeting held under subsection (6)(a)(i), and for inspection (without charge) and purchase (on payment of a fee fixed by the council) at the principal office of the council at least seven days before the date of that meeting. (8) A rate cannot be challenged on a ground based on the contents of a report prepared by a council for the purposes of subsection (4)(a). (9) The relevant adjustment factor for a financial year to which subsection (4) applies will be an amount determined by multiplying the amount (in total) expected to be recovered by the council from general rates on relevant land for the immediately preceding financial year^1. by the relevant inflation rate under subsection (10) plus 1 per cent. ^1. This financial year is designated as "PFY" for the purposes of subsection (10). (10) The relevant inflation rate for a particular financial year (PFY) is the percentage variation (rounded to two decimal places) between the Consumer Price Index for the December quarter of PFY and the Consumer Price Index for the December quarter of the financial year immediately preceding PFY. (11) For the purposes of subsections (4) and (9), any amounts of a kind prescribed by the regulations may be disregarded (and the regulations may provide for ancillary or related matters).
	(12) In this section— "Consumer Price Index" means the Consumer Price Index (All groups index for Adelaide). Amendment of s. 156—Basis of differential rates 17B. Section 156 of the principal Act is amended by striking out subsection (14c).” Question - That new clause No. 17A, as proposed to be inserted by the Hon. A. J. Redford, be so inserted - put and negatived. Question - That new clause No. 17B, as proposed to be inserted by the Hon. A. J. Redford, be so inserted - put and negatived. Clauses No. 18 to No. 22 agreed to. Clause No. 23 read. The Hon. I. Gilfillan moved to leave out the clause. Question - that clause No. 23 stand as printed - put and passed. Clause No. 23 agreed to. Clauses No. 24 to No. 34 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 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. Bill read a third time. Resolved - That this Bill do now pass.
30.	Ordered - That Orders of the Day (Government Business) No. 5 and No. 7 be postponed and taken into consideration after Order of the Day (Government Business) No. 8.					Postponement of Business.
31.	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. Question put.					Terrorism (Commonwealth Powers) Bill.
	Council divided: Ayes, 14 The Hon. J.S.L. Dawkins The Hon. A. L. Evans The Hon. J. M. Gazzola The Hon. D. V. Laidlaw The Hon. R. D. Lawson The Hon. R. I. Lucas The Hon. A. J. Redford 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 The Hon. P. Holloway (Teller) So it was resolved in the affirmative.			Noes, 3 The Hon. M. J. Elliott The Hon. S. M. Kanck The Hon. I. Gilfillan (Teller)
	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. 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.
32.	Ordered - That Orders of the Day (Government Business) No. 5, No. 7 and No. 11 to No. 13, Notices of Motion (Private Business) No. 1 to No. 3 and Orders of the Day (Private Business) No. 1 to No. 29 be postponed and taken into consideration after Order of the Day (Private Business) No. 30.					Postponement of Business.
33.	On the Order of the Day being read for the adjourned debate on the question - That the Controlled Substances (Cannabis) 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.					Controlled Substances (Cannabis) Amendment Bill.
34.	Ordered - That Order of the Day (Government Business) No. 5 be postponed and taken into consideration on motion.					Postponement of Business.
35.	Ordered - That Order of the Day (Government Business) No. 7 be an Order of the Day for next day of sitting.					Postponement of Business.
36.	On the Order of the Day being read for 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 Petroleum Act 1940 (or its successor) over the portion of the Vivonne Bay Conservation Park described as Sections 6 and 125, Hundred of Newland: Debate resumed. Question put and passed.					National Parks and Wildlife Act - Governor to make Proclamation - Vivonne Bay Conservation Park - Motion re.
37.	On the Order of the Day being read for 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 - (a) acquire or exercise pursuant to that proclamation rights of entry, prospecting, exploration or mining under the Petroleum Act 1940 (or its successor); (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, Hundred of Seddon: Debate resumed. Question put and passed.					National Parks and Wildlife Act - Governor to make Proclamation - Seal Bay Conservation Park - Motion re.
38.	On the Order of the Day being read for 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 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: Debate resumed. Question put and passed.					National Parks and Wildlife Act - Governor to make Proclamation - Lashmar Conservation Park - Motion re.
39.	Ordered - That the adjourned debate on the question - That the Controlled Substances (Cannabis) Amendment Bill be now read a second time - be now resumed. Debate resumed. Question put.					Controlled Substances (Cannabis) Amendment Bill.
	Council divided: Ayes, 14 The Hon. J.S.L. Dawkins The Hon. A. L. Evans The Hon. J. M. Gazzola The Hon. P. Holloway The Hon. D. V. Laidlaw The Hon. R. I. Lucas The Hon. A. J. Redford 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 The Hon. R. D. Lawson (Teller) So it was resolved in the affirmative.			Noes, 3 The Hon. M. J. Elliott The Hon. S. M. Kanck The Hon. I. Gilfillan (Teller)
	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. 4 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 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. Bill read a third time. Resolved - That this Bill do now pass.
40.	Ordered - That Notices of Motion (Private Business) No. 1 to No. 3 and Orders of the Day (Private Business) No. 1 to No. 29 be postponed and taken into consideration after Order of the Day (Government Business) No. 5.					Postponement of Business.
41.	Ordered - That the adjourned debate on the motion of the Minister for Aboriginal Affairs and Reconciliation - That this Council, pursuant to section 13(7) of the West Beach Recreation Reserve Act 1987, grants its approval to the West Beach Trust granting a lease or licence for a term of up to 50 years over each of the areas within the Reserve within the meaning of the Act identified as “BB”, “Y” and “Z” respectively in the plan deposited in the General Registry Office numbered GP 496/1999 - be now resumed. Debate resumed. On motion of the Hon. C. Zollo, the debate was adjourned and ordered to be resumed on motion.					West Beach Recreation Reserve Act 1987 - West Beach Trust Granting Lease or Licence within Reserve for term up to 50 years - Motion re.
42.	The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Terrorism (Commonwealth Powers) Bill. In the Committee Clause No. 1 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.					Terrorism (Commonwealth Powers) Bill.
43.	Ordered - separately - That Notices of Motion (Private Business) No. 1 to No. 3 and Orders of the Day (Private Business) No. 1 to No. 3 be Orders of the Day for Wednesday, 19 February 2003.					Postponement of Business.
44.	Ordered - That Order of the Day (Private Business) No. 4 be an Order of the Day for next day of sitting.					Postponement of Business.
45.	Ordered - That Orders of the Day (Private Business) No. 5 to No. 24 be Orders of the Day for Wednesday, 19 February 2003.					Postponement of Business.
46.	Ordered - That Order of the Day (Private Business) No. 25 be discharged.					Business Discharged.
47.	On the Order of the Day being read for the adjourned debate on the motion of the Hon. T. G. Cameron - I. That a Select Committee of the Legislative Council be appointed to investigate and report upon the current use of speed cameras in South Australia including - (a) their effectiveness as a deterrent to speeding and road injury; (b) strategies for deciding their placement; (c) differences in their use between city and country roads; (d) the relationship between fines collected, main arterial roads and crash “blackspots”; (e) drivers’ perception, beliefs and attitude towards speed cameras; (f) placement and effectiveness of speed camera warning signs; (g) the feasibility of putting all money raised by speed cameras into road safety initiatives; (h) initiatives taken by other governments; (i) the appropriateness of setting up a “Speed Camera Advisory Committee”; and (j) any other matter on speed cameras which is deemed relevant. II. 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 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 reported 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. On motion of the Hon. C. Zollo, the debate was adjourned until Wednesday, 19 February 2003.					Speed Cameras in South Australia - Motion for Select Committee on.
48.	Ordered - That Order of the Day (Private Business) No. 27 be postponed and taken into consideration after Order of the Day (Private Business) No. 28.					Postponement of Business.
49.	On the Order of the Day being read for the adjourned debate on the motion of the Hon. N. Xenophon - I. That this Council expresses its deep concern over the material presented and allegations contained in the ABC’s Four Corners Report entitled “Expert Witness” broadcast on 22 October 2001, involving Dr. Colin Manock, Forensic Pathologist, and the evidence he gave from 1968-1995 in numerous criminal law cases; II. Further, this Council calls on the Attorney-General to request an inquiry by independent Senior Counsel or a retired Supreme Court Judge to report whether there are matters of substance raised by the Four Corners Report that warrant further formal investigation; and III. That the Attorney-General subsequently report, in an appropriate manner, to this Council on the allegations made in the Four Corners Report and their impact on the administration of justice in this State: Debate resumed. On motion of the Hon. R. K. Sneath, the debate was adjourned until Wednesday, 19 February 2003.					Matters and Allegations raised in ABC’s Four Corners Report entitled “Expert Witness” - Motion re.
50.	Ordered - separately - That Orders of the Day (Private Business) No. 27 and No. 29 be Orders of the Day for Wednesday, 19 February 2003.					Postponement of Business.
51.	Ordered - That the adjourned debate on the motion of the Minister for Aboriginal Affairs and Reconciliation - That this Council, pursuant to section 13(7) of the West Beach Recreation Reserve Act 1987, grants its approval to the West Beach Trust granting a lease or licence for a term of up to 50 years over each of the areas within the Reserve within the meaning of the Act identified as “BB”, “Y” and “Z” respectively in the plan deposited in the General Registry Office numbered GP 496/1999 - be now resumed. Debate resumed. Question put and passed.					West Beach Recreation Reserve Act 1987 - West Beach Trust Granting Lease or Licence within Reserve for term up to 50 years - Motion re.
52.	The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Terrorism (Commonwealth Powers) Bill. In the Committee Clause No. 1 further considered and agreed to. Clauses No. 2 and No. 3 agreed to. Clause No. 4 amended and agreed to. Clause 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 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. Bill read a third time. Resolved - That this Bill do now pass.					Terrorism (Commonwealth Powers) Bill.
53.	The following Messages from the House of Assembly were received and read - Message No. 83 MR. PRESIDENT - The House of Assembly has agreed to the amendment made by the Legislative Council in the Education (Charges) Amendment Bill, without any amendment. House of Assembly, 4 December 2002. I. P. LEWIS, Speaker.					Messages from House of Assembly: Education (Charges) Amendment Bill.
	Message No. 84 MR. PRESIDENT - The House of Assembly has agreed to the amendments made by the Legislative Council in the Criminal Law (Forensic Procedures) (Miscellaneous) Amendment Bill, without any amendment. House of Assembly, 4 December 2002. I. P. LEWIS, Speaker.					Criminal Law (Forensic Procedures) (Miscellaneous) Amendment Bill.
54.	The Minister for Agriculture, Food and Fisheries, without notice, moved - That the Standing Orders be so far suspended as to enable the President to receive Messages from the House of Assembly on the Upper South East Dryland Salinity and Flood Management Bill and for the Clerk to deliver and for the President to receive Messages from the House of Assembly on the Terrorism (Commonwealth Powers) Bill when the Council is not sitting. Debate ensued. Question put and negatived.					Suspension of Standing Orders to enable Messages to be received from and delivered to the House of Assembly.
55.	The Hon. R. I. Lucas moved - That the Council do now adjourn. Question put.					Adjournment - Motion re.
	Council divided: Ayes, 8 The Hon. J.S.L. Dawkins The Hon. D. V. Laidlaw The Hon. R. D. Lawson The Hon. A. J. Redford The Hon. C. V. Schaefer The Hon. J. F. Stefani The Hon. T. J. Stephens The Hon. R. I. Lucas (Teller)			Noes, 8 The Hon. M. J. Elliott The Hon. J. M. Gazzola The Hon. I. Gilfillan The Hon. T. G. Roberts The Hon. S. M. Kanck The Hon. R. K. Sneath The Hon. C. Zollo The Hon. P. Holloway (Teller)
	And there being an equality of votes, the Chairperson gave his casting vote to the “Noes” and the Reason “that the Business of the Council should be in the hands of the Government”. So it passed in the negative.					Chairperson’s Casting Vote and Reason.
56.	The Minister for Agriculture, Food and Fisheries moved - That the sitting of the Council be suspended until the ringing of the bells. Debate ensued. Motion, by leave, withdrawn.					Suspension of Sitting - Motion re.
57.	Council adjourned at nine minutes to twelve o’clock midnight until tomorrow at fifteen minutes past two o’clock.					Adjournment.
	_________________________
	Members present during any part of the sitting:
		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

NOTICES AND ORDERS OF THE DAY ___________ THURSDAY 5 DECEMBER 2002
		Orders of the Day: Government Business -
*1.	Nuclear Waste Storage Facility (Prohibition) (Referendum) Amendment Bill (No. 19): adjourned debate on second reading - (July 10, 15, 17, August 19, 20, 21, 26, October 24) - (The Hon. J.S.L. Dawkins).
*2.	Public Finance and Audit (Honesty and Accountability in Government) Amendment Bill (No. 43): in Committee - clause 5 - (November 18).
*3.	Statutes Amendment (Honesty and Accountability in Government) Bill (No. 48): in Committee - clause 8 - (November 20).
*4.	Freedom of Information (Miscellaneous) Amendment Bill (No. 64): in Committee - clause 6 - (November 19, 21).
*5.	Statutes Amendment (Road Safety Reforms) Bill (No. 72): adjourned debate on second reading - (November 27) - (The Hon. C. V. Schaefer).
6.	Chicken Meat Industry Bill (No. 76): adjourned debate on second reading - (December 4) - (The Hon. C. V. Schaefer).
7.	Statutes Amendment (Mining) Bill (No. 77): adjourned debate on second reading - (December 4) - (The Hon. C. V. Schaefer).
8.	Veterinary Practice Bill (No. 78): adjourned debate on second reading - (December 4) - (The Hon. C. V. Schaefer).
		Order of the Day: Private Business -
1.	Adjourned debate on motion of the Hon. S. M. Kanck -
	I.	That a Select Committee be appointed to inquire into and report on Multiple Chemical Sensitivity, with particular regard to -
		(a)	which chemicals or chemical compounds are responsible for the majority of symptoms of Multiple Chemical Sensitivity and how exposure to them can be minimised;
		(b)	the effect of chemical exposure on human fertility;
		(c)	the comparative status in other countries of Multiple Chemical Sensitivity as a diagnosed medical condition;
		(d)	best practice guidelines in Australia and overseas for the handling of chemicals to reduce chemical exposure;
		(e)	current chemical usage practices by Local Government and State Government Departments and changes that could be made to reduce chemical exposure to both workers and the public; and
		(f)	the ways in which South Australians with Multiple Chemical Sensitivity might more effectively access sources of support through Government agencies.
	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 thinks fit, of any evidence presented to the Committee prior to such evidence being reported to the Council.
*Received from House of Assembly.
	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 - (November 13) - (The Hon. C. Zollo).
___________
WEDNESDAY 19 FEBRUARY 2003
		Notices of Motion: Private Business -
1.	The Hon. J. M. Gazzola to move - That the Regulations under the Fisheries Act 1982 concerning Northern Zone Rock Lobster, made on 31 October 2002 and laid on the Table of this Council on 12 November 2002, be disallowed.
2.	The Hon. J. M. Gazzola to move - That the Regulations under the Freedom of Information Act 1991 concerning Essential Services Commission, made on 31 October 2002 and laid on the Table of this Council on 12 November 2002, be disallowed.
3.	The Hon. J. M. Gazzola to move - That the District Council of Victor Harbor By-law No. 3 concerning Local Government Land, made on 28 October 2002 and laid on the Table of this Council on 12 November 2002, be disallowed.
4.	The Hon. J. M. Gazzola to move - That the District Council of Victor Harbor By-law No. 4 concerning Roads, made on 28 October 2002 and laid on the Table of this Council on 12 November 2002, be disallowed.
5.	The Hon. J. M. Gazzola to move - That the District Council of Alexandrina By-law No. 3 concerning Local Government Land, made on 28 October 2002 and laid on the Table of this Council on 12 November 2002, be disallowed.
6.	The Hon. J. M. Gazzola to move - That the District Council of Alexandrina By-law No. 4 concerning Roads, made on 28 October 2002 and laid on the Table of this Council on 12 November 2002, be disallowed.
7.	The Hon. A. J. Redford to move - That the Regulations under the Freedom of Information Act 1991 concerning Essential Services Commission, made on 31 October 2002 and laid on the Table of this Council on 12 November 2002, be disallowed.
		Orders of the Day: Private Business -
1.	Select Committee on Internet and Interactive Home Gambling and Gambling by other means of Telecommunication in South Australia: Report to be brought up.
2.	Select Committee on Pitjantjatjara Land Rights: Report to be brought up.
3.	Select Committee on Retail Trading Hours: Report to be brought up.
4.	The Hon. J. M. Gazzola to move - That the Regulations under the Fisheries Act 1982 concerning River Fish, made on 17 October 2002 and laid on the Table of this Council on 22 October 2002, be disallowed.
5.	The Hon. J. M. Gazzola to move - That the Regulations under the Development Act 1993 concerning Excavations and Other Activities, made on 17 October 2002 and laid on the Table of this Council on 22 October 2002, be disallowed.
6.	The Hon. C. V. Schaefer to move - That the Regulations under the Fisheries Act 1982 concerning River Fish, made on 17 October 2002 and laid on the Table of this Council on 22 October 2002, be disallowed.
7.	The Hon. C. Zollo to move - That the Regulations under the Controlled Substances Act 1987 concerning Simple Cannabis Expiation Fees, made on 29 August 2002 and laid on the Table of this Council on 15 October 2002, be disallowed.
8.	The Hon. C. Zollo to move - That the Regulations under the Development Act 1993 concerning Cover Requirement Revoked, made on 26 September 2002 and laid on the Table of this Council on 15 October 2002, be disallowed.
9.	Summary Offences (Loitering) Amendment Bill (No. 67): adjourned debate on second reading - (November 20) - (The Hon. C. Zollo)¹⁰.
10.	State Lotteries (Minors) Amendment Bill (No. 61): adjourned debate on second reading - (October 23) - (Minister for Aboriginal Affairs and Reconciliation)⁶.
11.	Interstate Agreements Bill (No. 52): adjourned debate on second reading - (October 16) - (Minister for Agriculture, Food and Fisheries)¹.
12.	The Hon. N. Xenophon to move - That the Regulations under the Lottery and Gaming Act 1936 concerning Mobile Phone Entries, made on 25 July 2002 and laid on the Table of this Council on 20 August 2002, be disallowed.
13.	Retail and Commercial Leases (Trading Hours) Amendment Bill (No. 17): adjourned debate on second reading - (July 10) - (The Hon. C. V. Schaefer)¹.
14.	The Hon. C. Zollo to move - That the Regulations under the Fisheries Act 1982 concerning Giant Crab Quota System, made on 13 December 2001 and laid on the Table of this Council on 5 March 2002, be disallowed.
15.	The Hon. C. Zollo to move - That the Regulations under the Fisheries Act 1982 concerning Individual Giant Crab Quota System, made on 20 December 2001 and laid on the Table of this Council on 5 March 2002, be disallowed.
16.	Parliamentary Entitlements Bill (No. 13): adjourned debate on second reading - (June 5) - (The Hon. C. Zollo)⁶.
17.	The Hon. C. Zollo to move - That the Tribunal Rules 2001 under the Workers Rehabilitation and Compensation Act 1986, made on 17 October 2001 and laid on the Table of this Council on 13 November 2001, be disallowed.
18.	The Hon. A. J. Redford to move - That the Regulations under the Passenger Transport Act 1994 concerning Taxi Fares, made on 15 November 2001 and laid on the Table of this Council on 27 November 2001, be disallowed.
19.	Statutes Amendment (Road Safety Initiatives No. 2) Bill (No. 10): adjourned debate on second reading - (May 29, June 5) - (Minister for Agriculture, Food and Fisheries)².
20.	Statutes Amendment (Road Safety Initiatives) Bill (No. 8): adjourned debate on second reading - (May 15, August 28) - (The Hon. C. Zollo)⁴.
21.	Statutes Amendment (Gaming Machine Regulation - Betting Rate) Bill (No. 3): adjourned debate on second reading - (May 8) - (The Hon. C. Zollo)².
22.	Statutes Amendment (Gaming Machine Regulation - Alcohol) Bill (No. 4): adjourned debate on second reading - (May 8) - (The Hon. C. Zollo)².
23.	Dignity in Dying Bill (No. 5) - in Committee³.
24.	City of Adelaide (Development within Park Lands) Amendment Bill (No. 15): adjourned debate on second reading - (June 6) - (Minister for Aboriginal Affairs and Reconciliation)⁵.
25.	Adjourned debate on motion of the Hon. R. D. Lawson - That the Legislative Council condemns any attempt of the Government and the Member for Hammond to avoid the provisions of the Constitution Act by seeking to have the Electoral Districts Boundaries Commission defer its current proceedings pending some as yet unspecified proposal to amend the Constitution - (June 6) - (The Hon. D. W. Ridgway).
26.	City of Adelaide (Abolition of Capital City Committee) Amendment Bill (No. 12): adjourned debate on second reading - (June 5, July 17) - (The Hon. C. Zollo)⁵.
27.	Adjourned debate on motion of the Hon. R I. Lucas - That this Council censures the Treasurer, Mr. Foley, for misleading the Parliament on Thursday, 9 May 2002, when he claimed the former Government had not included in the Mid Year Budget Review an allocation for a teachers’ pay rise - (May 15) - (The Hon. R. I. Lucas).
28.	Adjourned debate on motion of the Hon. R. I. Lucas - That this Council notes the Mid Year Budget Review 2001-2002 presented by the former Government in February 2002 and the Budget Update 2001-2002 presented by the current Government in March 2002 - (May 8, July 17) - (Minister for Aboriginal Affairs and Reconciliation).
29.	Gaming Machines (Limitation on Exception to Freeze) Amendment Bill (No. 2): adjourned debate on second reading - (May 8, June 5) - (Minister for Agriculture, Food and Fisheries)².
30.	Adjourned debate on motion of the Hon. T. G. Cameron -
	I.	That a Select Committee of the Legislative Council be appointed to investigate and report upon the current use of speed cameras in South Australia including -
		(a)	their effectiveness as a deterrent to speeding and road injury;
		(b)	strategies for deciding their placement;
		(c)	differences in their use between city and country roads;
		(d)	the relationship between fines collected, main arterial roads and crash “blackspots”;
		(e)	drivers’ perception, beliefs and attitude towards speed cameras;
		(f)	placement and effectiveness of speed camera warning signs;
		(g)	the feasibility of putting all money raised by speed cameras into road safety initiatives;
		(h)	initiatives taken by other governments;
		(i)	the appropriateness of setting up a “Speed Camera Advisory Committee”; and
		(j)	any other matter on speed cameras which is deemed relevant.
	II.	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 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 reported to the Council.
	IV.	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 - (July 17, August 21, December 4) - (The Hon. C. Zollo).
*31.	Statutes Amendment (Equal Superannuation Entitlements for Same Sex Couples) Bill (No. 58): adjourned debate on second reading - (October 23, November 20) - (The Hon. R. K. Sneath)⁸.
32.	Adjourned debate on motion of the Hon. N. Xenophon -
	I.	That this Council expresses its deep concern over the material presented and allegations contained in the ABC’s Four Corners Report entitled “Expert Witness” broadcast on 22 October 2001, involving Dr. Colin Manock, Forensic Pathologist, and the evidence he gave from 1968-1995 in numerous criminal law cases;
*Received from House of Assembly.
	II.	Further, this Council calls on the Attorney-General to request an inquiry by independent Senior Counsel or a retired Supreme Court Judge to report whether there are matters of substance raised by the Four Corners Report that warrant further formal investigation; and
	III.	That the Attorney-General subsequently report, in an appropriate manner, to this Council on the allegations made in the Four Corners Report and their impact on the administration of justice in this State - (July 10, August 28, December 4) - (The Hon. R. K. Sneath).
*33.	Summary Offences (Tattooing and Piercing) Amendment Bill (No. 63): adjourned debate on second reading - (November 13) - (The Hon. J. M. Gazzola)⁹.
___________
		Contingent Notice of Motion -
1.	Contingently, on the second reading of any Bill being moved, or on any Bill being reported, the Minister for Agriculture, Food and Fisheries to move - That the Standing Orders be so far suspended as to enable the Bill to pass through the remaining stages without delay.
				J. M. DAVIS, Clerk of the Legislative Council.
*Received from House of Assembly.
Member in charge of Bill - ¹Hon. A. J. Redford ²Hon. N. Xenophon ³Hon. S. M. Kanck ⁴Hon. D. V. Laidlaw ⁵Hon. I. Gilfillan ⁶Hon. T. G. Cameron ⁷Hon. A. L. Evans ⁸Hon. G. E. Gago ⁹Hon. C. Zollo ¹⁰Hon. R. D. Lawson