1.

Council met pursuant to adjournment.  The President (The Hon. R. K. Sneath) took the Chair.

                 The President read prayers.

Meeting of
Council.

   2.

Answers to Questions on Notice Nos. 133, 175, 217, 267 to 281, 356 to 370 and 508 received this day were tabled by the President who directed that they be distributed and printed in Hansard.

Answers to
Questions on
Notice.

    3.

The following Papers were laid upon the Table, viz.:

        By the Minister for Police (The Hon. P. Holloway) -

                 Inquest into the death of Julia Marie Baylis - Report - Coroners Act 2003.

                 Regulation under the following Act -

                          Public Corporations Act 1993 - Infrastructure Corporation.

                 Rules under Acts -

                          Fair Work Act - Monetary Claims.

        By the Minister for Emergency Services (The Hon. C. Zollo) -

                 Fisheries Act 1982 -

                          Fishing Season.

                          Registered Boat.

                          Registered Boat Restriction.

                          Season Extension.

        By the Minister for Environment and Conservation (The Hon. G. E. Gago) -

                 The State of Public and Environmental Health for South Australia - Report, 2005-2006.

                 Regulation under the following Act -

                          Gene Technology Act 2001 - Genetically Modified Organisms.

Papers.

   4.

The Hon. I. K. Hunter brought up the Report of the Social Development Committee on its Inquiry into Fast Foods and Obesity.

                 Ordered - That the Report be printed.  (Paper No. 226)

Social Development
Committee - Report
on Inquiry into Fast
Foods and Obesity.

   5.

The Hon. R. P. Wortley, by leave, without notice, moved - That the Members of this Council appointed to the Natural Resources Committee have leave to sit on that Committee during the sitting of the Council on Tuesday, 27 March 2007 and Wednesday, 28 March 2007.

                 Question put and passed.

Natural Resources
Committee -
Leave for
Members to sit
during sitting
of the Council.

   6.

The Minister for Police, by leave, tabled a copy of a Ministerial Statement made by the Deputy Premier (The Hon. K. O. Foley, M.P.) concerning Victoria Park.

Ministerial
Statement Tabled.

   7.

The Minister for Police, by leave, tabled a copy of a Ministerial Statement made by the Minister for Industrial Relations (The Hon. M. J. Wright, M.P.) concerning an Inquiry into the Impact of the  WorkChoices Legislation on South Australia.

Ministerial
Statement Tabled.

   8.

The Minister for Police, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to make provision for the security of public buildings, places and officials and for the appointment, management and responsibilities of protective security officers; to make related amendments to various other Acts; and for other purposes.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Minister for Police then moved - That this Bill be now read a second time.

                 On motion of the Hon. R. I. Lucas, the debate was adjourned until next day of sitting.

Protective Security
Bill.

   9.

Ordered - That Order of the Day (Government Business) No. 1 be an Order of the Day for next day of sitting.

Postponement
of Business.

10.

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

In the Committee

                   Clauses No. 1 to No. 8 agreed to.

                   Clause No. 9 read.

                 The Hon. M. C. Parnell moved on page 5, lines 25 to 35, to leave out all words in these lines and insert the following:

                  “and

      (d)      an application for development plan consent with respect to the development is lodged with the relevant authority within 3 months after the prescribed body has indicated its agreement under paragraph (c),

then the prescribed body is required, on the application being referred to the prescribed body by the relevant authority under section 37, to provide a response that is consistent with its agreement under paragraph (c) unless—

      (e)       the relevant authority, on the referral to the prescribed body, indicates, in the manner prescribed by the regulations, that the relevant authority considers that the agreement is no longer appropriate due to the operation of section 53; or

       (f)       the prescribed body determines—

       (i)       that the application for development plan consent does not accord with the agreement under paragraph (c) (taking into account the terms or elements of that agreement and any relevant plans or other documentation); or

      (ii)       that new information has come to hand that makes a material difference to its decision on the application on the original referral under this section.”.

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

                          Clause No. 9 otherwise amended and agreed to.

                          Clause No. 10 read.

                 The Hon. N. Xenophon moved on page 6, lines 11 to 43, page 7, lines 1 to 38, and page 8, lines 1 to 11, to leave out subclauses (1) to (5).

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

                 The Hon. M. C. Parnell moved on page 6, line 19, to leave out “or to Category 2” and insert “, Category 2 or Category 3”.

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

                 The Hon. N. Xenophon moved on page 7, after line 26, to insert new subclauses as follow:

“(2d)    The assignment of a form of development to Category 1, Category 2 or Category 2A development cannot extend to development for residential purposes that involves—

(a)        the construction of a building that will be over 11 metres in height; or

(b)        the alteration, enlargement or extension of a building not more than 11 metres in height so that it will be over 11 metres in height; or

(c)        the substantial alteration of a building that is over 11 metres in height.

(2e)      The regulations may prescribe a method or methods for determining the height of a building for the purposes of subsection (2d).”.

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

                 The Hon. N. Xenophon moved on page 7, lines 32 to 36, to leave out subparagraph (i) and insert new subparagraph as follows:

“(i)       give an owner or occupier of each piece of adjacent land notice of the application; and”.

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

                 The Hon. N. Xenophon moved on page 8, after line 11, to insert new subclause as follows:

“(5a)       Section 38(4)—after paragraph (a) insert:

(ab)      in a case where the site of the proposed development abuts on a public road or street—an owner or occupier of each piece of land that abuts on the same road or street (including a side road or street if the site is on a corner) and that is within 100 metres of the site of the proposed development; and”.

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

                 The Hon. M. C. Parnell moved on page 8, lines 22 to 27, to leave out proposed new subsection (18).

Development
(Assessment
Procedures)
Amendment Bill.

                 Question - That the amendment be agreed to - put.

             Committee divided:

Ayes, 4

The Hon. A. M. Bressington

The Hon. S. M. Kanck

The Hon. N. Xenophon

The Hon. M. C. Parnell (Teller)

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)

                 So it passed in the negative.

                 The Hon. N. Xenphon moved on page 8, after line 27, to insert new subclause as follows:

“(19)    The Minister must establish and maintain a service to assist people to understand their rights—

(a)        to make representations under this section; and

(b)        to institute appeal or review proceedings under section 86(1).”.

                          Clause No. 10 agreed to.

                          Clause No. 11 read.

                 The Hon. M. C. Parnell moved on page 8, after line 39, to insert new paragraph as follows:

“(ba)    must be dealt with as development under the same category under section 38 as the category to which the development to which the application relates was assigned at the time of its consideration under this Act; and”.

                 Amendment, by leave, withdrawn.

                          Clause No. 11 otherwise amended and agreed to.

                          New clause No. 11A inserted.

                          New clause No. 11B inserted.

                          Clause No. 12 read.

                 The Hon. N. Xenophon moved on page 9, after line 14, to insert new subclause as follows:

“(2)      Section 50—after subsection (13) insert:

(14)      For the purposes of this section, open space must be wholly or predominantly made up of land that is not covered by water and that is available for use by members of the public.”.

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

                          Clause No. 12 agreed to.

                          Clauses No. 13 to No. 15 agreed to.

                          New clause No. 15A inserted.

                          New clause No. 15B inserted.

                          New clause No. 15C inserted.

                          New clause No. 15D inserted.

                          Clause No. 16 agreed to.

                          Clause No. 17 amended and agreed to.

                          New clause No. 17A inserted.

                          New clause No. 17B inserted.

                          New clause No. 17C inserted.

                          New clause No. 17D inserted.

                          Clause No. 18 agreed to.

                          Clause No. 19 amended and agreed to.

                          Clauses No. 20 and No. 21 agreed to.

                          Clause No. 22 amended and agreed to.

                          Clause No. 23 read.

                 The Minister for Police moved on page 13, lines 1 to 5, to leave out subclause (2) and insert new subclause as follows:

     “(2)      Section 86(1)—after paragraph (e) insert:

(f)     a person who can demonstrate an interest in a matter that is relevant to the determination of an application for a development authorisation by a relevant authority under this Act by virtue of being an owner or occupier of land constituting the site of the proposed development, or an owner or occupier of a piece of adjacent land, may apply to the Court for a review of the matter with respect to—

(i)         a decision under the Act as to the nature of the development, including any decision that is relevant to the operation of section 35;

(ii)        a decision under section 38 as to the category of the development.

      (3)       Section 86—after subsection (1) insert:

(1a)   A right of review under paragraph (f) of subsection (1) does not limit or restrict the ability of an applicant for the relevant development authorisation to institute an appeal under paragraph (a) of that subsection.”.

                 The Hon. M. C. Parnell moved to amend the amendment in new paragraph (f) by deleting “by virtue of being an owner or occupier of land constituting the site of the proposed development, or an owner or occupier of a piece of adjacent land,”.

                Question - That the amendment moved by the Hon. M. C. Parnell, to the amendment moved by the Minister for Police, be agreed to - put.

             Committee divided:

Ayes, 4

The Hon. A. M. Bressington

The Hon. S. M. Kanck

The Hon. N. Xenophon

The Hon. M. C. Parnell (Teller)

Noes, 15

The Hon. J.S.L. Dawkins

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. C. Zollo

The Hon. P. Holloway (Teller)

                 So it passed in the negative.

                 Question - That the amendment moved by the Minister for Police be agreed to - put and passed.

                          Clause No. 23 amended and agreed to.

                          Clause No. 24 read.

                 The Hon. M. C. Parnell moved on page 13, lines 33 to 41, and page 14, lines 1 to 6, to leave out paragraph (c) and insert the following:

     “(c)      subject to subsection (3), the Court must, on application by any of the following persons, permit the person to be joined as a party to the proceedings:

(i)      in respect of a Category 1 development—any owner or occupier of each piece of adjoining land;

(ii)     in respect of a Category 2A or 2 development—any person who made a representation to the relevant authority under section 38(3a)(a) or (7);

(iii)    in respect of a Category 3 development—any person who can demonstrate an interest in the proceedings.”.

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

                          Clause No. 24 agreed to.

                          Clause No. 25 agreed to.

                          New clause No. 25A inserted.

                 The Hon. N. Xenophon moved on page 14, after line 8, to insert new clause as follows:

             “25B—Insertion of section 104A

After section 104 insert:

104A—Display of information

A person carrying out building work under a development authorisation must ensure that a notice setting out the following information is kept on display in accordance with any requirements prescribed by the regulations while the building work in underway:

      (a)       the name and address of a licensed building work contractor who is carrying out the work or who is in charge of carrying out the work or, if there is no such licensed building work contractor, the name of the building owner;

      (b)      a short description of the nature of the building work;

      (c)       the date on which any relevant development authorisation was obtained, the name of the relevant authority, and an approval or other number issued by the relevant authority that identifies any such development authorisation;

      (d)      any other information prescribed by the regulations.

Maximum penalty: $2 500.

Expiation fee: $200.”.

                 Question - That new clause No. 25B, as proposed to be inserted by the Hon. N. Xenophon, be so inserted - put and negatived.

                          Clause No. 26 read.

                 The Hon. N. Xenophon moved on page 14, lines 33 and 34, to leave out subclause (4) and insert new subclause as follows:

     “(4)      Schedule 1, item 46—delete the item and substitute:

46     The fixing of an expiation fee not exceeding $750 in respect of any offence against this Act or the regulations, and the designation of persons who are authorised to give expiation notices.”.

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

                          Clause No. 26 otherwise amended and 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 Police, 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.

                 Resolved - That this Bill do now pass.

                 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 Police, 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.

                 Resolved - That this Bill do now pass.

11.

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.

12.

The Minister for Environment and Conservation, by leave, tabled a copy of a Ministerial Statement made by the Minister for the River Murray (The Hon. K. A. Maywald, M.P.) concerning River Murray Water Supplies for 2007-2008.

Ministerial
Statement Tabled.

13.

Ordered - That Orders of the Day (Government Business) No. 3 to No. 11 be postponed and taken into consideration after Order of the Day (Government Business) No. 12.

Postponement
of Business.

14.

On the Order of the Day being read for the adjourned debate on the question - That the Barley Exporting 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. 22 agreed to.

                          Clause No. 23 read.

                 The Hon. C. V. Schaefer moved on page 23, lines 9 to 25, to leave out the clause and insert new clause as follows:

“23—Review and expiry of Act

(1)     The Minister must, within 2 years after the commencement of this Act, cause a review of the Act to be undertaken and the outcome of the review to be incorporated into a report.

(2)     The Minister must, within 6 sitting days after receipt of the report, ensure that a copy of the report is laid before each House of Parliament.

(3)     This Act will expire on the third anniversary of its commencement.”.

                 The Minister for Emergency Services moved to amend new clause No. 23, as proposed to be inserted by the Hon. C. V. Schaefer, after subclause (3), by inserting new subclause as follows:

     “(4)      On the expiry of this Act, the amendment made by Schedule 3 of this Act to the Essential Services Commission Act 2002 is cancelled and the text of that Act is restored to the form in which that statutory text would have existed if this Act had not been passed.”.

                 Question - That clause No. 23 stand as printed - put and negatived.

                 Question - That the amendment moved by the Minister for Emergency Services, to the amendment moved by the Hon. C. V. Schaefer, be agreed to - put and passed.

                 Question - That new clause No. 23, as proposed to be inserted by the Hon. C. V. Schaefer, and as amended by the Minister for Emergency Services, be so inserted - put and passed.

                          New clause No. 23 inserted.

                          Schedule 1 agreed to.

                          Schedule 2 agreed to.

                          Schedule 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 with an amendment; whereupon the Council adopted such report.

                 The Minister for Emergency Services, 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.

                 Resolved - That this Bill do now pass.

Barley Exporting
Bill.

15.

The Minister for Emergency Services, by leave, tabled a copy of a Ministerial Statement made by the Minister for Employment, Training and Further Education (The Hon. P. Caica, M.P.) concerning Monarch College.

Ministerial
Statement Tabled.

16.

Ordered - That Orders of the Day (Government Business) No. 3 and No. 4 be postponed and taken into consideration after Order of the Day (Government Business) No. 5.

Postponement
of Business.

  17.

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

In the Committee

                          New clause No. 13 inserted.

                          Schedule agreed to.

                          Title agreed to.

____________________

State Lotteries
(Miscellaneous)
Amendment Bill.

                 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 Police, 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.

18.

Ordered - That Orders of the Day (Government Business) No. 3, No. 4 and No. 6 to No. 10 be postponed and taken into consideration after Order of the Day (Government Business) No. 11.

Postponement
of Business.

19.

On the Order of the Day being read for the adjourned debate on the question - That the Climate Change and Greenhouse Emissions Reduction 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

                          Clause No. 1 read.

                 To report progress and ask leave to sit again.

_____________________

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

Climate Change
and Greenhouse
Emissions
Reduction Bill.

20.

Ordered - That Orders of the Day (Government Business) No. 3, No. 4 and No. 6 to No. 8 be postponed and taken into consideration after Order of the Day (Government Business) No. 9.

Postponement
of Business.

21.

On the Order of the Day being read for the adjourned debate on the question - That the Pharmacy Practice Bill be now read a second time:

                 Debate resumed.

_____________________

And it being twelve of the clock:

WEDNESDAY 28 MARCH 2007

_____________________

                 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. 5 agreed to.

                          Clause No. 6 amended and agreed to.

                          Clauses No. 7 to No. 82 agreed to.

                          Schedule agreed to.

                          Title agreed to.

____________________

                 The President resumed the Chair, and reported that the Committee had considered the Bill and had agreed to the same with an amendment; whereupon the Council adopted such reports.

                 The Minister for Environment and Conservation, 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.

Pharmacy Practice
Bill.

22.

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

Postponement
of Business.

23.

The following Message from the House of Assembly was received and read:

Message No. 88

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to protect the health and safety of the public by providing for the registration of psychologists and student psychologists; to regulate the provision of psychological services for the purpose of maintaining high standards of competence and conduct by registered persons and psychological services providers; to repeal the Psychological Practices Act 1973; and for other purposes, to which it desires the concurrence of the Legislative Council.

House of Assembly, 15 March 2007.                                                               J. J. SNELLING, Speaker.

                 Bill read a first time.

                 Ordered - That the second reading be an Order of the Day for next day of sitting.

Message from
House of Assembly:
Psychological
Practice Bill.

24.

Council adjourned at fourteen minutes past twelve o’clock midnight until today at fifteen minutes past two o’clock.

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