SOUTH AUSTRALIA]

No. 73

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  14  MAY  2003

 

 

 

   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 Hon. J. M. Gazzola brought up the Twenty-Fifth Report, 2002-2003 of the Legislative Review Committee, which was read by the Clerk as follows -

                 The By-laws and Regulations 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 -

Construction Industry Long Service Leave Act 1987 - Long Service Leave Levy.

Local Government Act 1999 - Local Government Superannuation Scheme - Allocated Pensions.

Water Resources Act 1997 - Marne River, Saunders Creek.

                 By-laws referred to -

Clare and Gilbert Valleys Council -

                     By-law No. 3 - Council Land.

                     By-law No. 4 - Fire Prevention.

                     By-law No. 5 - Animals and Birds.

 

Legislative
Review
Committee -
Twenty-Fifth
Report, 2002-2003.

 

   3.

The Hon. J. M. Gazzola brought up the Twenty-Sixth Report, 2002-2003 of the Legislative Review Committee.

Legislative
Review
Committee -
Twenty-Sixth
Report, 2002-2003.

 

 

   4.

The Minister for Agriculture, Food and Fisheries (The Hon. P. Holloway) tabled a copy of a Ministerial Statement made by the Minister for Emergency Services (The Hon. P. F. Conlon, M.P.) concerning the Report of the Emergency Services Review, together with a copy of the Report.

 

Paper Tabled.

 

   5.

The Minister for Aboriginal Affairs and Reconciliation (The Hon. T. G. Roberts) tabled a copy of a Ministerial Statement made by the Minister for Administrative Services (The Hon. J. Weatherill, M.P.) concerning the Removal of Asbestos in Public Buildings.

 

Paper Tabled.

 

   6.

In accordance with Sessional Standing Order, the President called on Members to make Statements on Matters of Interest.

 

Statements on
Matters of Interest.

 

   7.

Ordered - That Notices of Motion (Private Business) No. 1 and No. 2 be Orders of the Day for Wednesday, 28 May 2003.

 

Postponement
of Business.

 

   8.

Ordered - That Notices of Motion (Private Business) No. 3 to No. 14 and Orders of the Day (Private Business) No. 1 to No. 48 and Orders of the Day (Government Business) No. 1 to No. 4 be postponed and taken into consideration after Order of the Day (Government Business) No. 5.

 

Postponement
of Business.

 

   9.

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

 

In the Committee

 

                          Clauses No. 1 to No. 4 agreed to.

                          Clause No. 5 amended and agreed to.

                          Clause No. 6 agreed to.

                          Clause No. 7 read.

                 The Hon. S. M. Kanck moved on page 3, line 32, to leave out “determined by the Minister” and insert “prescribed by the regulations”.

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

                          Clause No. 7 agreed to.

                          Clauses No. 8 to No. 19 agreed to.

                          Schedule 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 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.

 

Mining
(Miscellaneous)
Amendment Bill.

 

10.

Ordered - That Notice of Motion (Private Business) No. 3 be discharged.

 

Business
Discharged.

 

 

11.

Ordered - That Notice of Motion (Private Business) No. 4 be an Order of the Day for Wednesday, 28 May 2003.

 

Postponement
of Business.

 

12.

Ordered - That Notice of Motion (Private Business) No. 5 be discharged.

 

Business
Discharged.

 

 

13.

Ordered - That Notices of Motion (Private Business) No. 6 and No. 7 be Orders of the Day for Wednesday, 28 May 2003.

 

Postponement
of Business.

 

14.

The Hon. J. M. Gazzola, pursuant to notice, moved - That the District Council of Coober Pedy
By-law No. 3 concerning Local Government Land, made on 16 December 2002 and laid on the Table of this Council on 18 February 2003, be disallowed.

                 Question put and passed.

 

District Council
of Coober Pedy
By-law No. 3 -
Local Government
Land -
Motion for
disallowance of.

 

 

15.

The Hon. J. M. Gazzola, pursuant to notice, moved - That the District Council of Coober Pedy
By-law No. 4 concerning Roads, made on 16 December 2002 and laid on the Table of this Council on 18 February 2003, be disallowed.

                 Question put and passed.

 

District Council
of Coober Pedy
By-law No. 4 -
Roads -
Motion for
disallowance of.

 

16.

The Hon. A. J. Redford, pursuant to notice, moved - That this Council notes the performance of the Independent Gambling Authority.

                 On motion of the Hon. T. J. Stephens, the debate was adjourned until Wednesday, 28 May 2003.

 

Performance of
the Independent
Gambling
Authority -
Motion re.

 

17.

Ordered - That Notices of Motion (Private Business) No. 11 to No. 14 and Orders of the Day (Private Business) No. 1 to No. 48 and Orders of the Day (Government Business) No. 1 and No. 2 be postponed and taken into consideration after Order of the Day (Government Business) No. 3.

 

Postponement
of Business.

 

18.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Health and Community Services Complaints Bill.

 

In the Committee

 

                          Clauses No. 1 and No. 2 agreed to.

                          Clause No. 3 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.

 

Health and
Community
Services
Complaints Bill.

 

19.

At two 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.

 

20.

Ordered - That Notice of Motion (Private Business) No. 11 be postponed and taken into consideration after Notice of Motion (Private Business) No. 12.

 

Postponement
of Business.

 

21.

The Minister for Agriculture, Food and Fisheries, pursuant to notice, moved - That the Third Interim Report of the Select Committee on Internet and Interactive Home Gambling and Gambling by Other Means of Telecommunications in South Australia, be noted.

                 On motion of the Hon. G. E. Gago, the debate was adjourned until Wednesday, 28 May 2003.

Select Committee
on Internet and
Interactive Home
Gambling and
Gambling by
Other Means of
Telecommunication
in South Australia -
Third Interim Report to be noted -
Motion re.

 

 

22.

The Hon. S. M. Kanck, pursuant to notice, moved - That the Legislative Council requests the Social Development Committee to inquire into and report on Multiple Chemical Sensitivity, with particular reference to -

       I.   which chemicals or chemical compounds are responsible for the majority of symptoms of Multiple Chemical Sensitivity and how exposure to them can be minimised;

      II.   the effect of chemical exposure on human fertility;

    III.   the comparative status in other countries of Multiple Chemical Sensitivity as a diagnosed medical condition;

    IV.   best practice guidelines in Australia and overseas for the handling of chemicals to reduce chemical exposure;

      V.   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

    VI.   the ways in which South Australians with Multiple Chemical Sensitivity might more effectively access sources of support through Government agencies.

                 Debate ensued.

                 On motion of the Hon. D. W. Ridgway, the debate was adjourned until Wednesday, 28 May 2003.

 

Social Development
Committee to inquire
into and report on
Multiple Chemical Sensitivity -
Motion re.

 

23.

The Hon. I. Gilfillan, pursuant to notice, moved - That the Final Report of the Joint Committee on the Impact of Dairy Deregulation on the Industry in South Australia, be noted.

                 On motion of the Minister for Agriculture, Food and Fisheries, the debate was adjourned until Wednesday, 28 May 2003.

Joint Committee on
the Impact of Dairy
Deregulation on the
Industry in South
Australia - Final
Report to be noted - Motion re.

 

 

24.

The Hon. G. E. Gago, pursuant to notice, moved - That the Report of the Social Development Committee on the Poverty Inquiry, be noted.

                 On motion of the Hon. C. Zollo, the debate was adjourned until Wednesday, 28 May 2003.

 

Social Development
Committee - Report
on Poverty Inquiry
to be noted -
Motion re.

 

25.

The Hon. S. M. Kanck, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the National Parks and Wildlife Act 1972; and for other purposes.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. S. M. Kanck then moved - That this Bill be now read a second time.

                 On motion of the Hon. C. Zollo, the debate was adjourned until Wednesday, 28 May 2003.

 

National Parks and
Wildlife (Yumbarra
Conservation Park)
Amendment Bill.

 

26.

Ordered - separately - That Orders of the Day (Private Business) No. 2 to No. 4 be Orders of the Day for Wednesday, 28 May 2003.

 

Postponement
of Business.

 

27.

Ordered - That Order of the Day (Private Business) No. 5 be discharged.

 

Business
Discharged.

 

 

28.

Ordered - separately - That Orders of the Day (Private Business) No. 6 to No. 34 be Orders of the Day for Wednesday, 28 May 2003.

 

Postponement
of Business.

 

29.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Dignity in Dying Bill.

 

In the Committee

 

                          Clauses No. 1 and No. 2 agreed to.

                          Clause No. 3 read.

                  Question - That clause No. 3 stand as printed - put.

Dignity in Dying
Bill.

 

 

             Committee divided:

Ayes, 12

The Hon. J.S.L. Dawkins

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. I. Gilfillan

The Hon. P. Holloway

The Hon. D. V. Laidlaw

The Hon. A. J. Redford

The Hon. K. J. Reynolds

The Hon. D. W. Ridgway

The Hon. T. G. Roberts

The Hon. R. K. Sneath

The Hon. S. M. Kanck (Teller)

      So it was resolved in the affirmative.

 

Noes, 8

The Hon. T. G. Cameron

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. T. J. Stephens

The Hon. C. Zollo

The Hon. A. L. Evans (Teller)

 

 

 

                          Clause No. 3 agreed to.

                          Clause No. 4 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 Wednesday, 28 May 2003.

 

 

30.

Ordered - separately - That Orders of the Day (Private Business) No. 36 to No. 43 be Orders of the Day for Wednesday, 28 May 2003.

 

Postponement
of Business.

31.

Ordered - That Order of the Day (Private Business) No. 44 be discharged.

 

Business
Discharged.

 

32.

Ordered - separately - That Orders of the Day (Private Business) No. 45 and No. 46 be Orders of the Day for Wednesday, 28 May 2003.

 

Postponement
of Business.

33.

On the Order of the Day being read for the adjourned debate on the question - That the Summary Offences (Tattooing and Piercing) 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 an Order of the Day for Wednesday, 28 May 2003.

 

Summary Offences
(Tattooing and
Piercing)
Amendment Bill.

34.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. I. Gilfillan - That the Gene Technology (Temporary Prohibition) Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. R. K. Sneath, the debate was adjourned until Wednesday, 28 May 2003.

 

Gene Technology
(Temporary
Prohibition) Bill.

35.

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

 

Postponement
of Business.

36.

The following Messages from the House of Assembly were received and read -

Message No. 100

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled a Bill for an Act to amend the Gaming Machines Act 1992, to which it desires the concurrence of the Legislative Council.

House of Assembly, 13 May 2003.                                                                            I. P. LEWIS, Speaker.

                 Bill read a first time.

The Minister for Aboriginal Affairs and Reconciliation 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.

 

Messages from
House of Assembly:
Gaming Machines
(Extension of
Freeze on Gaming
Machines)
Amendment Bill.

 

 

Message No. 101

                 MR. PRESIDENT - The House of Assembly has considered the amendments of the Legislative Council in the Statutes Amendment (Road Safety Reforms) Bill and has agreed to amendments Nos. 2, 5 to 14, 16, 18 to 26, 28 to 32 and 34 without amendment and has disagreed to amendments Nos. 1, 3, 4, 15, 17, 27, 33 and 35 as indicated in the annexed Schedule.  The House of Assembly returns the Bill herewith and desires its reconsideration.

House of Assembly, 13 May 2003.                                                                            I. P. LEWIS, Speaker.

 

Statutes
Amendment
(Road Safety
Reforms) Bill.

 

Schedule of the amendments made by the Legislative Council

to which the House of Assembly has disagreed.

No. 1.      Page 3 - After line 9 insert new clause as follows:

                 Minister to report on operation of Act

                          3A. The Minister must, within 12 sitting days after the second anniversary of the commencement of section 1, cause a report on the operation of the amendments contained in this Act to be laid before both Houses of Parliament.

         No. 3.       Page 5, line 21 (clause 12) - Leave out paragraph (a).

No. 4.       Page 5, line 25 (clause 12) - Leave out paragraph (d) and insert:

                          (d)  by striking out paragraph (a) of subsection (2) and substituting the following paragraph:

                                    (a)    in the case of an applicant who is under the age of 19 years—

                                                   (i)      until he or she turns 19; or

                                                   (ii)     until 2 years have elapsed,

                                                   whichever occurs later;;

No. 15.    Page 8 - After line 22 insert new clause as follows:

                 Amendment of s. 96—Duty to produce licence

                          15A. Section 96 of the principal Act is amended by striking out subsection (1) and substituting the following subsections:

                          (1) The driver of a motor vehicle, if requested by a member of the police force to produce his or her licence—

                          (a) must produce the licence forthwith to the member of the police force who made the request; or

 

 

 

                  (b) must—

                                   (i)        provide the member of the police force who made the request with a specimen of his or her signature; and

                                    (ii)       within 7 days after the making of the request, produce the licence at a police station conveniently located for the driver, specified by the member of the police force at the time of making the request.

                          Maximum penalty:                  $250.

                          (1a) The Commissioner of Police must ensure that a specimen signature provided to a member of the police force under this section is destroyed when the signature is no longer reasonably required for the purpose of investigating whether an offence has been committed under this Act.

No. 17.    Page 10 - After line 20 insert new clauses as follow:

                 Amendment of s. 45—Negligent or careless driving

                          20A. Section 45 of the principal Act is amended—

                  (a) by inserting "negligently or" after "vehicle";

                          (b) by inserting at the foot of the section the following penalty provision:

                                    Penalty: If the driving causes the death of another—

(a)    for a first offence—$5 000 or imprisonment for 1 year; and

(b)    for a subsequent offence—$7 500 or imprisonment for 18 months.

                                    If the driving causes grievous bodily harm to another—

(a)    for a first offence—$2 500 or imprisonment for 6 months; and

(b)    for a subsequent offence—$5 000 or imprisonment for 1 year.

                                    If the driving does not cause the death of another or grievous bodily harm to another—$1 250.;

                          (c) by inserting after its present contents, as amended (now to be designated as subsection (1)) the following subsections:

        (2) In considering whether an offence has been committed under this section, the court must have regard to—

(a)    the nature, condition and use of the road on which the offence is alleged to have been committed; and

(b)    the amount of traffic on the road at the time of the offence; and

(c)    the amount of traffic which might reasonably be expected to enter the road from other roads and places; and

(d)    all other relevant circumstances, whether of the same nature as those mentioned or not.

        (3) In determining whether an offence is a first or subsequent offence for the purposes of this section, only the following offences will be taken into account:

(a)    a previous offence against subsection (1) which resulted in the death of another or grievous bodily harm to another and for which the defendant has been convicted that was committed within the period of 5 years immediately preceding the date on which the offence under consideration was committed;

(b)    a previous offence against section 46 of this Act or section 19A of the Criminal Law Consolidation Act 1935 for which the defendant has been convicted that was committed within the period of 5 years immediately preceding the date on which the offence under consideration was committed.

                 Insertion of s. 45A

                          20B. The following section is inserted after section 45 of the principal Act:

                                       Exceeding speed limit by 45 kilometres per hour or more

                                                45A. (1) A person who drives a vehicle at a speed that exceeds, by 45 kilometres per hour or more, the applicable speed limit is guilty of an offence.

                                        Penalty:   A fine of not less than $300 and not more than $600.

                                                (2) Where a court convicts a person of an offence against subsection (1), the following provisions apply:

 

 

 

 (a)      the court must order that the person be disqualified from holding or obtaining a driver's licence for such period, being not less than 3 months, as the court thinks fit;

 (b)      the disqualification prescribed by paragraph (a) cannot be reduced or mitigated in any way or be substituted by any other penalty or sentence;

 (c)      if the person is the holder of a driver's licence—the disqualification operates to cancel the licence as from the commencement of the period of disqualification.

                 Amendment of s. 46—Reckless and dangerous driving

                          20C. Section 46 of the principal Act is amended by inserting after paragraph (b) of subsection (3) the following paragraph:

(c)       if the person is the holder of a driver's licence—the disqualification operates to cancel the licence as from the commencement of the period of disqualification.

No. 27.     Page 13 (clause 25) - Leave out line 20 and insert new paragraph as follows:

                          (ab) by inserting after subsection (2e) the following subsection:

No. 33.     Page 16 (clause 32) - After line 35 insert new subsection as follows:

                          (9b) Where a photographic detection device is operated for the purpose of obtaining evidence of the commission of speeding offences by drivers of vehicles proceeding in a particular direction on a portion of road, a person responsible for the setting up or operation of the device must ensure that the device is not concealed from the view of such drivers.

No. 35.     Page 17 - After line 7 insert new clause as follows:

                 Insertion of Division 7A

                          32B. The following Division is inserted after Division 7 of Part 3 of the principal Act:

                 Division 7A—Speed Cameras Advisory Committee

                 Interpretation

                                79D. In this Division—

                                "Committee" means the Speed Cameras Advisory Committee;

                                "Minister" means the Minister responsible for the administration of the Police Act 1998;

"Motor Accident Commission" means the Motor Accident Commission continued in existence by the Motor Accident Commission Act 1992;

"speed camera" means a photographic detection device used for the purpose of obtaining evidence of speeding offences;

"speeding offence" has the same meaning as in section 79B.

                 Establishment of Committee

                          79E. The Speed Cameras Advisory Committee is established.

                 Membership of Committee

                          79F. The Committee consists of 6 members appointed by the Minister, of whom—

(a)       1 must be a person nominated by the Minister; and

(b)       1 must be a person nominated by the Commissioner of Police; and

(c)       1 must be a person nominated by the Motor Accident Commission; and

(d)       1 must be a person nominated by the Director of the Road Accident Research Unit of the University of Adelaide; and

(e)       1 must be a person nominated by the Royal Automobile Association of South Australia Incorporated; and

(f)        1 must be a person nominated by the Local Government Association of South Australia.

                 Terms and conditions of appointment

                          79G. (1) A member of the Committee will be appointed for a term of 3 years on such conditions as the Minister determines and will, on the expiration of a term of office, be eligible for reappointment.

                          (2) The Minister may remove a member of the Committee from office—

(a)       for breach of, or non-compliance with, a condition of appointment; or

(b)       for misconduct; or

 

 

 

(c)       for failure or incapacity to carry out official duties satisfactorily.

                          (3) The office of a member of the Committee becomes vacant if the member—

(a)       dies; or

(b)       completes a term of office and is not reappointed; or

(c)       resigns by written notice to the Minister; or

(d)       is removed from office under subsection (2).

                 Functions of Committee

                          79H. (1) The Committee has the following functions:

(a)       to inquire into—

(i)         the effectiveness of speed cameras as a deterrent to speeding and road injury; and

(ii)        strategies for deciding the placement of speed cameras; and

(iii)       differences in the use of speed cameras between city and country roads; and

(iv)       the relationship between fines collected for speeding offences, main arterial roads and crash blackspots; and

 (v)       the feasibility of putting all money recovered as expiation fees and fines for speeding offences detected by speed cameras into road safety initiatives; and

(vi)       initiatives taken by the governments of other jurisdictions in Australia in relation to road safety; and

(vii)      such other matters relating to the use of speed cameras as the Committee thinks relevant;

(b)       to carry out such functions as are assigned to the Committee by the Minister.

                          (2) The safety of road users must be treated by the Committee as of paramount importance in the exercise of its functions.

                 The Committee's procedures

                          79I. (1) The Committee must hold at least one meeting in every 3 months.

                          (2) Subject to the regulations, the Committee may determine its own procedures.

                 Annual report

                          79J. (1) The Committee must, before 30 September in each year, prepare and submit to the Minister a report on the work of the Committee during the preceding financial year.

                          (2) The Minister must, within 12 sitting days after receiving a report under this section, cause copies of the report to be laid before both Houses of Parliament.

                 Expiry of this Division

                          79K. This Division expires on the third anniversary of its commencement unless, before that anniversary, both Houses of Parliament pass a resolution declaring that this Division will continue in operation after that anniversary.

D. A. BRIDGES, Clerk of the House of Assembly.

                 Ordered - That the Message be taken into consideration on next day of sitting.

 

 

 

Message No. 102

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled a Bill for an Act to amend the Criminal Law (Sentencing) Act 1988, to which it desires the concurrence of the Legislative Council.

House of Assembly, 14 May 2003.                                                                             I. P. LEWIS, Speaker.

                 Bill read a first time.

The Minister for Aboriginal Affairs and Reconciliation 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.

 

Criminal  Law
(Sentencing) (Serious
Repeat Offenders)
Amendment Bill.

37.

Council adjourned at twelve minutes to eleven o’clock 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. 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. K. J. Reynolds

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

The Hon. N. Xenophon

 

 

 

NOTICES  AND  ORDERS  OF  THE  DAY

___________

 

THURSDAY  15  MAY  2003

 

 

 

Orders  of  the  Day:  Government  Business -

 

*1.

Public Finance and Audit (Honesty and Accountability in Government) Amendment Bill (No. 43):  in Committee - clause 6 - (November 18, March 25, 27, April 3, 28).

 

2.

Chicken Meat Industry Bill (No. 76):  in Committee.

 

*3.

Health and Community Services Complaints Bill (No. 83):  in Committee - clause 3 - (May 14).

 

4.

Nuclear Waste Storage Facility (Prohibition) (Referendum) (No. 2) Amendment Bill (No. 85):  adjourned debate on second reading - (February 20) - (The Hon. A. J. Redford).

 

*5.

River Murray Bill (No. 90):  adjourned debate on second reading - (April 3, 28, May 12, 13) - (The Hon. R. K. Sneath).

 

*6.

Prohibition of Human Cloning Bill (No. 92):  adjourned debate on second reading - (April 30, May 12, 13) - (The Hon. R. K. Sneath).

 

*7.

Research Involving Human Embryos Bill (No. 93):  adjourned debate on second reading - (April 30) - (The Hon. R. I. Lucas).

 

*8.

Statutes Amendment and Repeal (National Competition Policy) Bill (No. 94):  adjourned debate on second reading - (April 30, May 12) - (The Hon. R. K. Sneath).

 

*9.

Statutes Amendment (Gas and Electricity) Bill (No. 96):  adjourned debate on second reading - (May 1, 13) - (The Hon. J. M. Gazzola).

 

*10.

Coroners Bill (No. 97):  adjourned debate on second reading - (May 12, 13) - (The Hon. R. K. Sneath).

 

*11.

Freedom of Information (Miscellaneous) Amendment Bill (No. 64A):  consideration in Committee of Message No. 97 from the House of Assembly.

 

*12.

Statutes Amendment (Honesty and Accountability in Government) Bill (No. 48A):  consideration in Committee of Message No. 98 from the House of Assembly.

 

*13.

Gaming Machines (Extension of Freeze on Gaming Machines) Amendment Bill (No. 99):  adjourned debate on second reading - (May 14) - (The Hon. C. V. Schaefer).

 

*14.

Statutes Amendment (Road Safety Reforms) Bill (No. 72A):  consideration in Committee of Message No. 101 from the House of Assembly.

 

*15.

Criminal Law (Sentencing) (Serious Repeat Offenders) Amendment Bill (No. 100):  adjourned debate on second reading - (May 14) - (The Hon. C. V. Schaefer).

 

 

Order  of  the  Day:  Private  Business -

 

*1.

Summary Offences (Tattooing and Piercing) Amendment Bill (No. 63):  in Committee9.

 

___________

 

 

 

*Received from House of Assembly.

WEDNESDAY  28  MAY  2003

 

 

 

Notices of Motion:  Private  Business -

 

1.

The Hon. J. M. Gazzola to move - That the District Council of Clare and Gilbert Valleys By-law No. 3 concerning Council Land, made on 17 March 2003 and laid on the Table of this Council on 27 March 2003, be disallowed

 

2.

The Hon. J. M. Gazzola to move - That the District Council of Clare and Gilbert Valleys By-law No. 4 concerning Fire Prevention, made on 17 March 2003 and laid on the Table of this Council on 27 March 2003, be disallowed.

 

3.

The Hon. J. M. Gazzola to move - That the District Council of Clare and Gilbert Valleys By-law No. 5 concerning Animals and Birds, made on 17 March 2003 and laid on the Table of this Council on 27 March 2003, be disallowed.

 

4.

The Hon. J. M. Gazzola to move - That the Regulations under the Construction Industry Long Service Leave Act 1987 concerning Long Service Leave Levy, made on 27 February 2003 and laid on the Table of this Council on 25 March 2003, be disallowed.

 

5.

The Hon. J. M. Gazzola to move - That the Regulations under the Water Resources Act 1997 concerning Marne River, Saunders Creek, made on 20 March 2003 and laid on the Table of this Council on 25 March 2003, be disallowed.

 

6.

The Hon. J. M. Gazzola to move - That the Rules under the Local Government Act 1999 concerning the Local Government Superannuation Scheme (Allocated Pensions), made on 28 January 2003 and laid on the Table of this Council on 25 March 2003, be disallowed.

 

 

Orders  of  the  Day:  Private  Business -

 

1.

The Hon. J. M. Gazzola to move - That the Regulations under the Criminal Injuries Compensation Act 1978 concerning Scale of Costs, made on 19 December 2002 and laid on the Table of this Council on 18 February 2003, be disallowed.

 

2.

The Hon. J. M. Gazzola to move - That the General Regulations under the Fisheries Act 1982 concerning Size of Pilchard Nets, made on 23 January 2003 and laid on the Table of this Council on 18 February 2003, be disallowed.

 

3.

The Hon. J. M. Gazzola to move - That the Regulations under the Listening and Surveillance Devices Act 1972 concerning Records and Warrants, made on 12 December 2002 and laid on the Table of this Council on 18 February 2003, be disallowed.

 

4.

The Hon. J. M. Gazzola to move - That the Regulations under the Victims of Crime Act 2001 concerning Application Costs and Levy, made on 19 December 2002 and laid on the Table of this Council on 18 February 2003, be disallowed.

 

5.

The Hon. J. M. Gazzola to move - That the Corporation of Mount Gambier General By-law, made on 21 January 2003 and laid on the Table of this Council on 18 February 2003, be disallowed

 

6.

Adjourned debate on motion of the Hon. A. J. Redford - That this Council notes the performance of the Independent Gambling Authority - (May 14) - (The Hon. T. J. Stephens).

 

7.

Adjourned debate on motion of the Hon. S. M. Kanck - That the Legislative Council requests the Social Development Committee to inquire into and report on Multiple Chemical Sensitivity, with particular reference to -

 

I.

Which chemicals or chemical compounds are responsible for the majority of symptoms of Multiple Chemical Sensitivity and how exposure to them can be minimised;

 

 

II.

The effect of chemical exposure on human fertility;

 

 

III.

The comparative status in other countries of Multiple Chemical Sensitivity as a diagnosed medical condition;

 

 

IV.

Best practice guidelines in Australia and overseas for the handling of chemicals to reduce chemical exposure;

 

 

V.

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

 

 

VI.

The ways in which South Australians with Multiple Chemical Sensitivity may more effectively access sources of support through Government agencies - (May 14) - (The Hon. D. W. Ridgway).

 

 

8.

Adjourned debate on motion of the Minister for Agriculture, Food and Fisheries - That the Third Interim Report of the Select Committee on Internet and Interactive Home Gambling and Gambling by other means of Telecommunications in South Australia, be noted - (May 14) - (The Hon. G. E. Gago).

 

9.

Adjourned debate on motion of the Hon. I. Gilfillan - That the Final Report of the Joint Committee on the Impact of Dairy Deregulation on the Industry in South Australia, be noted - (May 14) - (Minister for Agriculture, Food and Fisheries).

 

10.

Adjourned debate on motion of the Hon. G. E. Gago - That the Report of the Social Development Committee on an Inquiry into Poverty, be noted - (May 14) - (The Hon. C. Zollo).

 

11.

National Parks and Wildlife (Yumbarra Conservation Park) Amendment Bill (No. 98):  adjourned debate on second reading - (May 14) - (The Hon. C. Zollo).

 

12.

The Hon. S. M. Kanck to move - That she have leave to introduce a Bill for an Act to amend the Environment Protection Act 1993.

 

13.

The Hon. I. Gilfillan to move - That he have leave to introduce a Bill for an Act to ensure that the owners of proprietary rights in genetically modified plant material are responsible for any damage or loss caused by the spread of that material; and for other purposes.

 

14.

State Supply (Procurement of Software) Amendment Bill (No. 91):  adjourned debate on second reading - (April 30) - (The Hon. C. Zollo)5.

 

15.

The Hon. N. Xenophon to move - That the Regulations under the Criminal Injuries Compensation Act 1978 concerning Scale of Costs, made on 19 December 2002 and laid on the Table of this Council on 18 February 2003, be disallowed.

 

16.

Criminal Law (Sentencing) (Failure to Vote) Amendment Bill (No. 95):  adjourned debate on second reading - (April 30) - (Minister for Aboriginal Affairs and Reconciliation)10.

 

17.

The Hon. J. M. Gazzola to move - That the Regulations under the Motor Vehicles Act 1959 concerning Accident Towing Roster Vacancies, made on 14 November 2002 and laid on the Table of this Council on 19 November 2002, be disallowed.

 

18.

Adjourned debate on motion of the Hon. S. M. Kanck - That this Council condemns Australian military involvement in the illegal and immoral invasion of Iraq with particular reference to -

 

I.

The fact Australian forces are engaged in an unprovoked strike against a country that poses no direct threat to Australian security;

 

 

II.

No substantive case has been made by the Australian Government justifying the invasion; and

 

 

III.

The probability that the blood shed in Iraq will lead to greater international instability - (March 26) - (The Hon. J. M. Gazzola).

 

 

19.

Adjourned debate on motion of the Hon. R. I. Lucas - That this Council notes recent appointments made since the State Government was installed in March 2002 - (March 26, April 30) - (The Hon. R. I. Lucas).

 

20.

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.

 

21.

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.

 

22.

Gaming Machines (Extension of Freeze) Amendment Bill (No. 79):  adjourned debate on second reading - (February 19, April 2) - (The Hon. R. K. Sneath)2.

 

23.

Victoria Square (Continuation of East-West Traffic Arrangements) Bill (No. 80):  adjourned debate on second reading - (February 19) - (The Hon. R. K. Sneath)2.

 

24.

Local Government (Lochiel Park) Amendment Bill (No. 81):  adjourned debate on second reading - (February 19, March 26) - (The Hon. C. Zollo)2.

 

25.

Adjourned debate on motion of the Hon. C. V. Schaefer - That the Hon. Paul Holloway, M.L.C., Minister for Agriculture, Food and Fisheries, be censured for his ineptitude in handling the prohibition on professional fishing in the River Murray - (February 19) - (Minister for Agriculture, Food and Fisheries).

 

26.

Members of Parliament (Register of Interests) (Overseas Travel) Amendment Bill (No. 82):  adjourned debate on second reading - (February 19, April 30) - (The Hon. D. W. Ridgway)1.

 

27.

Adjourned debate on motion of the Hon. I. Gilfillan -

 

I.

That this Council urges the Government to support the establishment of a Law Reform Institute, similar to the institutes that are in existence elsewhere in Australia, and that this Institute be empowered as an independent reviewer and researcher of law in South Australia.

 

 

II.

Further, that this Council calls on the Attorney-General to support this Institute financially in conjunction with the Law Society of South Australia and South Australia’s Universities - (February 19, April 2) - (The Hon. R. K. Sneath).

 

 

28.

Adjourned debate on motion of the Hon. R. I. Lucas - That this Council demands the Premier direct the Treasurer to release all answers provided to him by Ministers and Departments to the question asked by the Member for Heysen on 30 July 2002 in the Parliamentary Estimates Committee on the issue of the detail of Governments $967 million in budget cuts - (February 19) - (The Hon. R. I. Lucas).

 

29.

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.

 

30.

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.

 

31.

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.

 

32.

Summary Offences (Loitering) Amendment Bill (No. 67):  adjourned debate on second reading - (November 20, February 19) - (The Hon. A. J. Redford)10.

 

33.

State Lotteries (Minors) Amendment Bill (No. 61):  adjourned debate on second reading - (October 23) - (Minister for Aboriginal Affairs and Reconciliation)6.

 

34.

Interstate Agreements Bill (No. 52):  adjourned debate on second reading - (October 16, March 26) - (The Hon. G. E. Gago)1.

 

35.

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.

 

36.

Retail and Commercial Leases (Trading Hours) Amendment Bill (No. 17):  adjourned debate on second reading - (July 10) - (The Hon. C. V. Schaefer)4.

 

37.

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.

 

38.

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.

 

39.

Parliamentary Entitlements Bill (No. 13):  adjourned debate on second reading - (June 5) - (The Hon. C. Zollo)6.

 

40.

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.

 

41.

Statutes Amendment (Road Safety Initiatives) Bill (No. 8):  adjourned debate on second reading - (May 15, August 28) - (The Hon. C. Zollo)4.

 

42.

Statutes Amendment (Gaming Machine Regulation - Betting Rate) Bill (No. 3):  adjourned debate on second reading - (May 8) - (The Hon. C. Zollo)2.

 

43.

Statutes Amendment (Gaming Machine Regulation - Alcohol) Bill (No. 4):  adjourned debate on second reading - (May 8) - (The Hon. C. Zollo)2.

 

44.

Dignity in Dying  Bill (No. 5)  - in Committee - clause 4 - (May 14)3.

 

45.

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.

 

46.

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).

 

47.

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.

 

48.

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).

 

49.

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).

 

50.

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.

 

51.

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, February 20) - (The Hon. G. E. Gago).

 

 

52.

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;

 

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, February 20) - (The Hon. J. M. Gazzola).

 

53.

Tobacco Products Regulation (Smoking in the Casino and Gaming Venues) Amendment Bill (No. 89):  adjourned debate on second reading - (March 27) - (The Hon. J. M. Gazzola)2.

 

54.

Adjourned debate on motion of the Hon. R. I. Lucas - That this Council notes with concern claims by the Minister for Environment, the Hon. J. D. Hill, that he did not read key documents, briefing notes, letters and answers to Parliamentary questions on the nuclear waste repository issue prior to making misleading statements to the Parliament - (April 2) - (Minister for Aboriginal Affairs and Reconciliation).

 

55.

Adjourned debate on motion of the Hon. I. Gilfillan - That the Gene Technology (Temporary Prohibition) Bill be now read a second time - (April 28, May 13, 14) - (The Hon. R. K. Sneath).

 

___________

 

 

 

WEDNESDAY  16  JULY  2003

 

 

 

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.

Select Committee on Staffing, Resourcing and Efficiency of the South Australia Police:  Report to be brought up.

 

 

Notice  of  Motion:  Government  Business -

 

1.

The Minister for Aboriginal Affairs and Reconciliation to move - 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 28 and 43 of that Act on 26 September 1996 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, the Petroleum Act 1940 (or its successor) or the Petroleum (Submerged Lands) Act 1982 over the land constituted by that proclamation as the Great Australian Bight Marine National Park.

 

___________

 

 

 

 

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.

 

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
11Hon. D. W. Ridgway