SOUTH AUSTRALIA]
No. 45
MINUTES OF THE PROCEEDINGS
OF THE
LEGISLATIVE COUNCIL
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WEDNESDAY 20 NOVEMBER 2002
1. |
Council met pursuant to adjournment. The President (The Hon. R. R. Roberts) took the Chair. The President read prayers.
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Meeting
of |
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2. |
The Hon. C. Zollo brought up the Thirteenth Report, 2002-2003 of the Legislative Review Committee, which was read by the Clerk as follows - The 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 a Notice of Motion for Disallowance to be given in both Houses before the expiration of 14 sitting days, to allow the Committee time to complete its deliberations. Honourable
Members are warned that after further consideration has been given to the Regulations referred to - Controlled Substances Act 1984 - Simple Cannabis Expiation Fees. Criminal Law (Forensic Procedures) Act 1998 - M’s DNA. Development Act 1997 - Cover Requirement Revoked. Environment Protection Act 1993 - Fee Unit. Fisheries Act 1982 - Gill, Mesh and Bait Nets. Public Finance and Audit Act 1987 - Public Authorities.
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Legislative
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3. |
The Hon. C. Zollo brought up the Fourteenth Report, 2002-2003 of the Legislative Review Committee.
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Legislative
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4. |
The Minister for Agriculture, Food and Fisheries (The Hon. P. Holloway) tabled a Ministerial Statement made by the Premier (The Hon. M. D. Rann, M.P.) concerning Anti-Terrorism Legislation.
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Paper Tabled. |
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5. |
The Minister for Aboriginal Affairs and Reconciliation tabled a copy of a Ministerial Statement made by the Minister for Urban Development and Planning (The Hon. J. W. Weatherill, M.P.) concerning a Review of Cemetery Provisions.
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Paper Tabled. |
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6. |
The Minister for Aboriginal Affairs and Reconciliation tabled a copy of a Ministerial Statement made by the Minister for the Status of Women (The Hon. S. W. Key, M.P.) concerning the Women’s Statement, 2001-2002, together with a copy of the Statement.
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Paper Tabled. |
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7. |
In accordance with Sessional Standing Order, the President called on Members to make Statements on Matters of Interest.
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Statements
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8. |
The Hon. R. D. Lawson, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Summary Offences Act 1953. Question put and passed. Bill introduced and read a first time. The Hon. R. D. Lawson then moved - That this Bill be now read a second time. On motion of the Hon. C. Zollo, the debate was adjourned until Wednesday next.
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Summary
Offences |
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9. |
Order of the Day read for the Report of the Select Committee on Internet and Interactive Home Gambling and Gambling by other means of Telecommunication in South Australia to be brought up: Ordered - That the time for bringing up the Report be extended until Wednesday, 19 February 2003.
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Select
Committee
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10. |
Order of the Day read for the Report of the Select Committee on Retail Trading Hours to be brought up: Ordered - That the time for bringing up the Report be extended until Wednesday, 19 February 2003.
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Select
Committee |
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11. |
Order of the Day read for the Report of the Select Committee on Pitjantjatjarra Land Rights to be brought up: Ordered - That the time for bringing up the Report be extended until Wednesday, 19 February 2002.
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Select
Committee |
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12. |
Ordered - That Order of the Day (Private Business) No. 4 be an Order of the Day for Wednesday next.
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Postponement
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13. |
The Hon. R. K. Sneath, according to order, moved - That the Report of the Statutory Authorities Review Committee, 2001-2002 be noted. Debate ensued. Question put and passed.
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Statutory
Authorities
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14. |
Ordered - separately - That Orders of the Day (Private Business) No. 6 to No. 9 be Orders of the Day for Wednesday next.
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Postponement
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15. |
Ordered - That Order of the Day (Private Business) No. 10 be discharged.
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Business
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Ordered - separately - That Orders of the Day (Private Business) No. 11 to No. 22 be Orders of the Day for Wednesday next.
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Postponement
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17. |
On the Order of the Day being read for the adjourned debate on the question - That the Dignity in Dying Bill be now read a second time: Debate resumed. Question put. |
Dignity
in Dying |
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Council divided: Ayes, 9 The Hon. J.S.L. Dawkins The Hon. M. J. Elliott The Hon. G. E. Gago The Hon. J. M. Gazzola The Hon. D. V. Laidlaw 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. I. Gilfillan The Hon. P. Holloway The Hon. R. D. Lawson The Hon. A. J. Redford The Hon. J. F. Stefani The Hon. T. J. Stephens The Hon. C. Zollo The Hon. A. L. Evans
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Bill read a second time. Ordered - That the Bill’s consideration in Committee be an Order of the Day for Wednesday next.
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18. |
Ordered - separately - That Orders of the Day (Private Business) No. 24 to No. 32 be Orders of the Day for Wednesday next.
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Postponement
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19. |
On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (Equal Superannuation Entitlements for Same Sex Couples) Bill be now read a second time: The Hon. G. E. Gago, by leave, incorporated a detailed explanation of the clauses into Hansard. On motion of the Hon. R. K. Sneath, the debate was adjourned until Wednesday next.
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Statutes
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20. |
Ordered - That Order of the Day (Private Business) No. 34 be Order of the Day for Wednesday next.
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Postponement
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21. |
At one minute 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.
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Suspension
and |
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22. |
Ordered - That Notice of Motion (Government Business) No. 1 and Orders of the Day (Government Business) No. 1 and No. 2 be postponed and taken into consideration after Orders of the Day (Government Business) No. 3.
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Postponement
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23. |
On the Order of the Day being read for the adjourned debate on the on the question - That the Criminal Law (Sentencing) (Sentencing Guidelines) Amendment Bill be now read a second time: Debate resumed. Question put and passed. Bill read a second time. The President then left the Chair, and the Council resolved itself into a Committee of the Whole for the consideration of the Bill.
In the Committee
Clauses No. 1 to No. 3 agreed to. Clause No. 4 read. The Hon. R. D. Lawson moved on page 3, line 14, to leave out proposed subsection (1) of new section 29A and insert the following: “(1) The Full Court may, by declaratory judgment (a guideline judgment), establish, vary or revoke sentencing guidelines.” The Hon. R. D. Lawson moved - That the Chairperson report progress and seek leave for the Committee to sit again. Question - put. |
Criminal
Law |
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Committee divided: Ayes, 10 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. C. V. Schaefer The Hon. J. F. Stefani The Hon. T. J. Stephens The Hon. R. D. Lawson (Teller) So it was resolved in the affirmative. |
Noes, 9 The Hon. M. J. Elliott The Hon. G. E. Gago The Hon. J. M. Gazzola The Hon. I. Gilfillan The Hon. P. Holloway The Hon. S. M. Kanck The Hon. R. K. Sneath The Hon. C. Zollo The Hon. T. G. Roberts (Teller)
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The President resumed the Chair and reported progress and obtained for the Committee leave to sit again on next day of sitting.
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24. |
Ordered - That Notice of Motion (Government Business) No. 1 and Orders of the Day (Government Business) No. 1 and No. 2 be postponed and taken into consideration after Orders of the Day (Government Business) No. 4.
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Postponement
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25. |
The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Statutes Amendment (Honesty and Accountability in Government) Bill.
In the Committee
Clauses No. 1 to No. 7 agreed to. Clause No. 8 read. To report progress and ask leave to sit again. _____________________
The President resumed the Chair and reported progress and obtained for the Committee leave to sit again on next day of sitting.
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Statutes
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26. |
The Minister for Aboriginal Affairs and Reconciliation, pursuant to notice, moved - 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. On motion of the Hon. C. V. Schaefer, the debate was adjourned until next day of sitting.
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West
Beach |
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27. |
Ordered - That Orders of the Day (Government Business) No. 1, No. 2 and No. 5 to No. 7 be Orders of the Day for next day of sitting.
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Postponement
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28. |
On the Order of the Day being read for the adjourned debate on the on the question - That the Upper South East Dryland Salinity and Flood Management Bill be now read a second time: Debate resumed. On motion of the Hon. C. V. Schaefer, the debate was adjourned until next day of sitting.
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Upper
South East |
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29. |
Ordered - That Order of the Day (Government Business) No. 9 be an Order of the Day for next day of sitting.
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Postponement
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30. |
The following Messages from the House of Assembly were received and read - Message No. 69 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled a Bill for an Act to make provision relating to higher education, vocational education and training and adult community education; to establish the Training and Skills Commission; to repeal the Vocational Education, Employment and Training Act 1994; and for other purposes, to which it desires the concurrence of the Legislative Council. House of Assembly, 19 November 2002. 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.
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Messages
from
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Message No. 70 MR. PRESIDENT - The House of Assembly has agreed to the amendments suggested by the Legislative Council in the Stamp Duties (Gaming Machine Surcharge) Amendment Bill, without any amendment and has amended the Bill accordingly. House of Assembly, 19 November 2002. I. P. LEWIS, Speaker.
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Stamp
Duties
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Message No. 71 MR. PRESIDENT - The House of Assembly has agreed to the amendments made by the Legislative Council in the Legislation Revision and Publication Bill without amendment. House of Assembly, 20 November 2002. I. P. LEWIS, Speaker.
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Legislation
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Message No. 72 MR. PRESIDENT - The House of Assembly has agreed to the amendments made by the Legislative Council in the Ombudsman (Honesty and Accountability in Government) Amendment Bill without amendment. House of Assembly, 20 November 2002. I. P. LEWIS, Speaker.
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Ombudsman
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31. |
Council adjourned at two minutes past ten o’clock until tomorrow at fifteen minutes past two o’clock.
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Adjournment. |
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_________________________
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Members present during any part of the sitting:
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The Hon. 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
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The Hon. S. M. Kanck The Hon. D. V. Laidlaw The Hon. R. D. Lawson The Hon. R. I. Lucas The Hon. A. J. Redford The Hon. D. W. Ridgway The Hon. T. G. Roberts |
The Hon. C. V. Schaefer The Hon. R. K. Sneath The Hon. J. F. Stefani The Hon. T. J. Stephens The Hon. C. Zollo |
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