06_12_2006

SOUTH AUSTRALIA]

No. 39

MINUTES OF THE PROCEEDINGS

OF THE

LEGISLATIVE COUNCIL

_______

WEDNESDAY 6 DECEMBER 2006

1.	Council met pursuant to adjournment. The President (The Hon. R. K. Sneath) took the Chair. The President read prayers.				Meeting of Council.
2.	The President tabled a Report of the Director of Public Prosecutions, pursuant to section 12 of the Director of Public Prosecutions Act 1991, on Matters Concerning the Auditor-General and his Supplementary Report tabled in Parliament on 22 November 2006, Volumes 1 and 2. Ordered - That the Report be published, in accordance with section 25 of the Defamation Act 2005.				Paper Tabled - Director of Public Prosecutions Act 1991 - Report pursuant to section 12 - Matters concerning Auditor-General’s Supplementary Report.
3.	The Hon. J. M. Gazzola brought up the Sixteenth Report, 2006, of the Legislative Review Committee.				Legislative Review Committee - Sixteenth Report, 2006.
4.	The Hon. J. M. Gazzola brought up the Seventeenth Report, 2006, 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 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, the Committee may decide to take no further action. Regulations referred to - Adelaide Park Lands Act 2005 - Management Strategy. Development Act 1993 - Adelaide Park Lands. Harbors and Navigation Act 1993 - Boat Havens. Tobacco Products Regulations Act 1997 - Licence Fee.				Legislative Review Committee - Seventeenth Report, 2006.
5.	The following Papers were laid upon the Table, viz.: By the Minister for Emergency Services (The Hon. C. Zollo) - Reports, 2005-2006 - Children’s Services. Department for Families and Communities. HomeStart Finance. Office for the Ageing. Supported Residential Facilities Advisory Committee.				Papers.
6.	The Minister for Police, by leave, tabled a copy a Ministerial Statement made by the Attorney-General (The Hon. M. J. Atkinson, M.P.) concerning the dispute between the Auditor-General and the Director of Public Prosecutions.				Ministerial Statement 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. S. M. Kanck, pursuant to notice, moved - That she have leave to introduce a Bill for an Act to amend the Terrorism (Commonwealth Powers) Act 2002, the Terrorism (Police Powers) Act 2005 and the Terrorism (Preventative Detention) Act 2005. 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. I. K. Hunter, the debate was adjourned until Wednesday, 7 February 2007.				Statutes Amendment (Review of Terrorism Legislation) Bill.
9.	The Hon. R. P. Wortley, pursuant to notice, moved - That the Report of the Environment, Resources and Development Committee, 2005-2006, on the Upper South East Dryland Salinity and Flood Management Act 2002, be noted. Debate ensued. Question put and passed.				Environment, Resources and Development Committee - Report, 2005-2006, on Upper South East Dryland Salinity and Flood Management Act 2002 be noted - Motion re.
10.	The Hon. R. P. Wortley, pursuant to notice, moved - That the Report of the Natural Resources Committee on Mineral Resources Development in South Australia, be noted. Debate ensued. On motion of the Hon. S. M. Kanck, the debate was adjourned until Wednesday, 7 February 2007.				Natural Resources Committee - Report on Mineral Resources Development in South Australia be noted - Motion re.
11.	The Hon. M. C. Parnell, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to protect and encourage participation in public debate and matters of public interest, and dissuade persons and corporations from bringing or maintaining legal proceedings that interfere with another’s right to engage in public participation. Question put and passed. Bill introduced and read a first time. The Hon. M. C. Parnell then moved - That this Bill be now read a second time. And the Hon. M. C. Parnell having obtained leave to conclude his remarks, the debate was adjourned until Wednesday, 7 February 2007.				Protection of Public Participation Bill.
12.	The Hon. D. W. Ridgway, pursuant to notice, moved - That this Council take note of the Petition presented on 5 December 2006, from 326 residents of South Australia - I. expressing concern about the agricultural and environmental impacts of the Upper South East Dryland Salinity and Flood Management Plan; II. expressing their lack of confidence in the decision of the former Minister for Environment and Heritage, The Hon. John Hill, in approving the digging for the Didicoolum Drain; and III. strongly requesting that the present Minister, The Hon. Gail Gago, immediately review that decision and suspend the digging of the Didicoolum Drain as a matter of urgency on the grounds that the need has been incorrectly established.				Petition re the Digging of the Didicoolum Drain be noted - Motion re.
	The Hon. D. W. Ridgway, by leave, tabled a list of signatories calling for the digging of the Didicoolum Drain to not proceed. And the Hon. D. W. Ridgway, having obtained leave to conclude his remarks, the debate was adjourned until Wednesday, 7 February 2007.				Document Tabled - List of Signatories concerning Didicoolum Drain.
13.	The Hon. D.G.E. Hood, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Motor Vehicles Act 1959. Question put and passed. Bill introduced and read a first time. The Hon. D.G.E. Hood then moved - That this Bill be now read a second time. On motion of the Hon. I. K. Hunter, the debate was adjourned until Wednesday, 7 February 2007.				Motor Vehicles (Expiation of Offences) Amendment Bill.
14.	The Hon. R. P. Wortley, pursuant to notice, moved - That this Council recognises the achievements of SA Flora’s Belair Nursery on its 120th Anniversary. Debate ensued. On motion of the Hon. D. W. Ridgway, the debate was adjourned until Wednesday, 7 February 2007.				SA Flora’s Belair Nursery 120th Anniversary - Motion re.
15.	Order of the Day read for the Report of the Select Committee on Collection of Property Taxes by State and Local Government, including Sewerage Charges by SA Water, to be brought up. Ordered - That the time for bringing up the Report be extended until Wednesday, 28 March 2007.				Select Committee on Collection of Property Taxes by State and Local Government, including Sewerage Charges by SA Water.
16.	Order of the Day read for the Report of the Select Committee on Pricing, Refining, Storage and Supply of Fuel in South Australia to be brought up. Ordered - That the time for bringing up the Report be extended until Wednesday, 28 March 2007.				Select Committee on Pricing, Refining, Storage and Supply of Fuel in South Australia.
17.	Order of the Day read for the Report of the Select Committee on Allegedly Unlawful Practices Raised in the Auditor-General’s Report, 2003-2004, to be brought up. Ordered - That the time for bringing up the Report be extended until Wednesday, 28 March 2007.				Select Committee on Allegedly Unlawful Practices Raised in the Auditor- General’s Report, 2003-2004.
18.	Order of the Day read for the Report of the Select Committee on the Atkinson/Ashbourne/Clarke Affair to be brought up. Ordered - That the time for bringing up the Report be extended until Wednesday, 28 March 2007.				Select Committee on the Atkinson/ Ashbourne/Clarke Affair.
19.	Order of the Day read for the Report of the Select Committee on the Selection Process for the Principal at the Elizabeth Vale Primary School to be brought up. Ordered - That the time for bringing up the Report be extended until Wednesday, 28 March 2007.				Select Committee on Selection Process for the Principal at the Elizabeth Vale Primary School.
20.	On the Order of the Day being read for the adjourned debate on the motion of the Hon. R. P. Wortley - That the Report of the Environment, Resources and Development Committee, 2005-2006, be noted: Debate resumed. Question put and passed.				Environment, Resources and Development Committee - Report, 2005-2006 be noted - Motion re.
21.	On the Order of the Day being read for the adjourned debate on the question - That the Waterworks (Water Management Measures - Use of Rainwater) Amendment Bill be now read a second time: Debate resumed. On motion of the Minister for Emergency Services, the debate was adjourned and ordered to be resumed on motion.				Waterworks (Water Management Measures - Use of Rainwater) Amendment Bill.
22.	At 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.
23.	Ordered - That the adjourned debate on the question - That the Waterworks (Water Management Measures - Use of Rainwater) Amendment Bill be now read a second time - be now resumed. 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. 8 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 Hon. D. W. Ridgway, without 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, without a dissentient voice, there being present an absolute majority of the whole number of Members of the Council. Bill read a third time. Resolved - That this Bill do now pass.				Waterworks (Water Management Measures - Use of Rainwater) Amendment Bill.
24.	On the Order of the Day being read for the adjourned debate on the question - That the Sewerage (Water Management Measures - Use of Waste Material) 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. 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 Hon. D. W. Ridgway, without 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, without a dissentient voice, there being present an absolute majority of the whole number of Members of the Council. Bill read a third time. Resolved - That this Bill do now pass.				Sewerage (Water Management Measures - Use of Waste Material) Amendment Bill.
25.	On the Order of the Day being read for the adjourned debate on the question - That the Sewerage (Greywater) 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. 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 Hon. D. W. Ridgway, without 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, without a dissentient voice, there being present an absolute majority of the whole number of Members of the Council. Bill read a third time. Resolved - That this Bill do now pass.				Sewerage (Greywater) Amendment Bill.
26.	Ordered - That Orders of the Day (Private Business) No. 10 and No. 11 be Orders of the Day for Wednesday, 7 February 2007.				Postponement of Business.
27.	Ordered - That Order of the Day (Private Business) No. 12 be an Order 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 motion of the Hon. M. C. Parnell - I. That a Select Committee of the Legislative Council be appointed to inquire into and report on - (a) Arrangements for the administration and enforcement of the Prevention of Cruelty to Animals Act 1985 (the Act); (b) The appropriateness of a private charity as the principal law enforcement body under the Act; (c) The level of funding required to appropriately administer the Act; and (d) Any other relevant matter. 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 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. Question put.				Prevention of Cruelty to Animals Act - Motion for Select Committee on.
	Council divided: Ayes, 3 The Hon. A. M. Bressington The Hon. S. M. Kanck The Hon. M. C. Parnell (Teller) So it passed in the negative.		Noes, 17 The Hon. J.S.L. Dawkins The Hon. A. L. Evans The Hon. B. V. Finnigan The Hon. G. E. Gago The Hon. J. M. Gazzola The Hon. D.G.E. Hood The Hon. I. K. Hunter The Hon. R. D. Lawson The Hon. J.M.A. Lensink The Hon. R. I. Lucas The Hon. D. W. Ridgway The Hon. C. V. Schaefer The Hon. T. J. Stephens The Hon. S. G. Wade The Hon. R. P. Wortley The Hon. C. Zollo The Hon. P. Holloway (Teller)
29.	Ordered - That Orders of the Day (Private Business) No. 14 to No. 21 be Orders of the Day for Wednesday, 7 February 2007.				Postponement of Business.
30.	On the Order of the Day being read for the adjourned debate on the motion of the Hon. M. C. Parnell - I. That the Legislative Council calls on the Australian Government to insist that citizen of South Australia, Mr. David Hicks, be treated the same as citizens of the United States of America - no more, no less. II. That this resolution be forwarded to the Minister for Foreign Affairs: Debate resumed. Question put.				Treatment of Mr. David Hicks - Motion re.
	Council divided: Ayes, 9 The Hon. B. V. Finnigan The Hon. G. E. Gago The Hon. J. M. Gazzola The Hon. P. Holloway The Hon. I. K. Hunter The Hon. S. M. Kanck The Hon. R. P. Wortley The Hon. C. Zollo The Hon. M. C. Parnell (Teller) So it passed in the negative.		Noes, 10 The Hon. A. M. Bressington The Hon. J.S.L. Dawkins The Hon. A. L. Evans The Hon. D.G.E. Hood The Hon. J.M.A. Lensink The Hon. R. I. Lucas The Hon. D. W. Ridgway The Hon. T. J. Stephens The Hon. S. G. Wade The Hon. R. D. Lawson (Teller)
31.	Ordered - That Orders of the Day (Private Business) No. 23 to No. 31 be Orders of the Day for Wednesday, 7 February 2007.				Postponement of Business.
32.	On the Order of the Day being read for the adjourned debate on the question - That the Controlled Substances (Expiation of Simple Cannabis Offences) Amendment Bill be now read a second time: Debate resumed. Question put.				Controlled Substances (Expiation of Simple Cannabis Offences) Amendment Bill.
	Council divided: Ayes, 11 The Hon. A. M. Bressington The Hon. J.S.L. Dawkins The Hon. A. L. Evans The Hon. R. D. Lawson The Hon. J.M.A. Lensink The Hon. R. I. Lucas The Hon. D. W. Ridgway The Hon. C. V. Schaefer The Hon. T. J. Stephens The Hon. S. G. Wade The Hon. D.G.E. Hood (Teller) So it was resolved in the affirmative.		Noes, 8 The Hon. G. E. Gago The Hon. J. M. Gazzola The Hon. P. Holloway The Hon. I. K. Hunter The Hon. M. C. Parnell The Hon. R. P. Wortley The Hon. C. Zollo The Hon. S. M. Kanck (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 amended and agreed to. Clauses No. 2 and No. 3 agreed to. _____________________ And it being twelve of the clock: THURSDAY 7 DECEMBER 2006 _____________________ New clause No. 3A inserted New clause No. 3B inserted. Clauses No. 4 and No. 5 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 Hon. D.G.E. Hood, 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, without a dissentient voice, there being present an absolute majority of the whole number of Members of the Council. Bill read a third time. Resolved - That this Bill do now pass.
33.	Ordered - That Orders of the Day (Private Business) No. 33 to No. 36 be Orders of the Day for Wednesday, 7 February 2007.				Postponement of Business.
34.	Ordered - That Orders of the Day (Private Business) No. 37 and No. 38 be Orders of the Day for next day of sitting.				Postponement of Business.
35.	Ordered - That Orders of the Day (Government Business) No. 1 to No. 10 be Orders 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 question - That the Statutes Amendment (Domestic Partners) Bill be now read a second time: Debate resumed. On motion of the Hon. R. P. Wortley, the debate was adjourned until next day of sitting.				Statutes Amendment (Domestic Partners) Bill.
37.	Ordered - That Orders of the Day (Government Business) No. 12 and No. 13 be Orders of the Day for next day of sitting.				Postponement of Business.
38.	The Minister for Police, according to order, moved - That the Summary Offences (Gatecrashers at Parties) Amendment Bill be now read a second time. On motion of the Hon. R. I. Lucas, the debate was adjourned until next day of sitting.				Summary Offences (Gatecrashers at Parties) Amendment Bill.
39.	The following Messages from the House of Assembly were received and read: Message No. 65 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Southern State Superannuation Act 1994, without any amendment. House of Assembly, 6 December 2006. J. J. SNELLING, Speaker.				Messages from House of Assembly: Southern State Superannuation (Insurance, Spouse Accounts and Other Measures) Amendment Bill.
	Message No. 66 MR. PRESIDENT - The House of Assembly has agreed to the Bill transmitted herewith, entitled an Act to amend the Road Traffic Act 1961, without any amendment. House of Assembly, 6 December 2006. J. J. SNELLING, Speaker.				Road Traffic (Notice of Licence Disqualification or Suspension) Amendment Bill.
	Message No. 67 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Development Act 1993, without any amendment. House of Assembly, 6 December 2006. J. J. SNELLING, Speaker.				Development (Building Safety) Amendment Bill.
40.	Ordered - That the Council, at its rising, do adjourn until today at eleven o’clock a.m.				Next Day of Sitting.
41.	Council adjourned at one minute to one o’clock a.m. until today at eleven o’clock a.m.				Adjournment.
	_________________________
	Members present during any part of the sitting:
	The Hon. A. M. Bressington The Hon. J.S.L. Dawkins The Hon. A. L. Evans The Hon. B. V. Finnigan The Hon. G. E. Gago The Hon. J. M. Gazzola The Hon. P. Holloway	The Hon. D.G.E. Hood The Hon. I. K. Hunter The Hon. S. M. Kanck The Hon. R. D. Lawson The Hon. J.M.A. Lensink The Hon. R. I. Lucas The Hon. M. C. Parnell		The Hon. D. W. Ridgway The Hon. C. V. Schaefer The Hon. T. J. Stephens The Hon. S. G. Wade The Hon. R. P. Wortley The Hon. N. Xenophon The Hon. C. Zollo

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