SOUTH AUSTRALIA]

No. 45

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  20  NOVEMBER  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 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, the Committee may decide to take no further action.

                 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.

 

Legislative
Review
Committee -
Thirteenth Report,
2002-2003.

 

   3.

The Hon. C. Zollo brought up the Fourteenth Report, 2002-2003 of the Legislative Review Committee.

 

 

Legislative
Review
Committee -
Fourteenth Report,
2002-2003.

 

 

   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.

 

Paper Tabled.

 

   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.

 

Paper Tabled.

 

   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.

 

Paper Tabled.

 

   7.

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

 

Statements
on Matters
of Interest.

 

   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.

 

Summary Offences
(Loitering)
Amendment Bill.

 

    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.

 

Select Committee
on Internet and
Interactive
Home Gambling
and Gambling by
other means of
Telecommunication
in South Australia.

 

 

  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.

 

Select Committee
on Retail Trading
Hours.

 

  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.

 

Select Committee
on Pitjantjatjarra
Land Rights.

 

12.

Ordered - That Order of the Day (Private Business) No. 4 be an Order of the Day for Wednesday next.

 

Postponement
of Business.

 

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.

 

Statutory Authorities
Review Committee -
Report, 2001-2002
to be noted -
Motion re.

 

 

14.

Ordered - separately - That Orders of the Day (Private Business) No. 6 to No. 9 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

 

15.

Ordered - That Order of the Day (Private Business) No. 10 be discharged.

 

Business
Discharged.

 

 

16.

Ordered - separately - That Orders of the Day (Private Business) No. 11 to No. 22 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

 

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
Bill.

 

 

             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

 

 

 

 

                 Bill read a second time.

                 Ordered - That the Bill’s consideration in Committee be an Order of the Day for Wednesday next.

 

 

 

18.

Ordered - separately - That Orders of the Day (Private Business) No. 24 to No. 32 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

 

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.

 

Statutes
Amendment (Equal
Superannuation
Entitlements for
Same Sex Couples)
Bill.

 

20.

Ordered - That Order of the Day (Private Business) No. 34 be Order of the Day for Wednesday next.

 

Postponement
of Business.

 

 

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.

 

Suspension and
Resumption of
Sitting.

 

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.

 

Postponement
of Business.

 

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
(Sentencing)
(Sentencing
Guidelines)
Amendment Bill.

 

 

             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)

 

 

 

_____________________

 

                 The President resumed the Chair and reported progress and obtained for the Committee leave to sit again on next day of sitting.

 

 

 

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.

 

Postponement
of Business.

 

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.

 

Statutes
Amendment
(Honesty and
Accountability in
Government)  Bill.

 

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.

 

West Beach
Recreation Reserve
Act 1987 - West
Beach Trust
Granting Lease or
Licence within
Reserve for term
up to 50 years -
Motion re.

 

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.

 

Postponement
of Business.

 

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.

 

Upper South East
Dryland Salinity
and Flood
Management Bill.

 

29.

Ordered - That Order of the Day (Government Business) No. 9 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

 

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.

 

Messages from
House of Assembly:
Training and Skills
Development Bill.

 

 

 

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.

 

Stamp Duties
(Gaming Machine
Surcharge)
Amendment Bill.

 

 

 

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.

 

Legislation
Revision and
Publication Bill.

 

 

 

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.

 

Ombudsman
(Honesty and
Accountability in
Government)
Amendment Bill.

 

 

31.

Council adjourned at two minutes past ten o’clock until tomorrow at fifteen minutes past two o’clock.

 

Adjournment.

 

 

_________________________

 

 

 

 

 

 

Members present during any part of the sitting:

 

 

 

 

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