SOUTH AUSTRALIA]
No. 28
MINUTES OF THE PROCEEDINGS
OF THE
LEGISLATIVE COUNCIL
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TUESDAY 31 OCTOBER 2006
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1. |
Council met pursuant to adjournment. The President (The Hon. R. K. Sneath) took the Chair. The President read prayers.
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Meeting
of |
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2. |
A Messenger from the Governor having been announced by Black Rod, the following Message was received and read: Message No. 5. The Governor informs the Legislative Council that, in the name and on behalf of Her Majesty The Queen, the following Acts have been assented to during the present Session, viz.: No. 20 of 2006 - An Act to amend the Groundwater (Border Agreement) Act 1985. No. 21 of 2006 - An Act to amend the Electricity Act 1996 and the Gas Act 1997. No. 22 of 2006 - An Act to amend the Murray-Darling Basin Act 1993. No. 23 of 2006 - An Act to amend the Workers Rehabilitation and Compensation Act 1986. No. 24 of 2006 - An Act to amend the Geographical Names Act 1991. Government House, Adelaide, 31 October 2006. MARJORIE JACKSON-NELSON, Governor.
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Message
from |
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3. |
The Minister for Police (The Hon. P. Holloway), by leave, moved - That the Legislative Council expresses its deep regret at the death of Mr. Maurice de Rohan, former Agent-General for South Australia in London, and places on record its appreciation of his distinguished and meritorious public service and that, as a mark of respect to his memory, the sitting of the Council be suspended until the ringing of the bells. And being supported by the Hon. R. I. Lucas, the Minister for Environment and Conservation, the Hon. R. P. Wortley, the Minister for Emergency Services, the Hon. J.S.L. Dawkins, the Hon. R. D. Lawson and the Hon. B. V. Finnigan: Motion carried in silence, Members standing in their places.
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Death
of |
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4. |
At three minutes past three o’clock the sitting was suspended until the ringing of the bells. At sixteen minutes past three o’clock the sitting was resumed.
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Suspension
and |
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5. |
The following Papers were laid upon the Table, viz.: By the President - Report of the Auditor-General, 2005-2006 - Parts A and B (Volumes 1-5). Supplementary Report of the Auditor-General, 2005-2006 - Agency Audit Reports. By the Minister for Police (The Hon. P. Holloway) - Art Gallery of South Australia - Independent Audit, 2005-2006. Reports, 2005-2006 - Capital City Committee Adelaide. Disability Information and Resource Centre. JamFactory Contemporary Craft and Design. Legal Practitioners Conduct Board. Legal Practitioners Disciplinary Tribunal. South Australian Museum Board. The Legal Practitioners Education and Admission Council. Witness Protection Act 1996 - Report, 2005-2006. Regulations under the following Acts - Controlled Substances Act 1984 - Cannabis Offences. Fair Work Act 1994 - Declared Employer. Harbors and Navigation Act 1993 - Boat Havens. Passenger Transport Act 1994 - Enhanced Passenger Safety. Petroleum Products Regulation Act 1995 - Environment Protection Authority. Workers Rehabilitation and Compensation Act 1986 - Medical Practitioners. Scales of Medical Charges. By the Minister for Urban Development and Planning (The Hon. P. Holloway) - Reports, 2005-2006 - Adelaide Cemeteries Authority. West Beach Trust. District Court of Mount Barker - District Wide Heritage Plan Amendment Report. Tatiara District Council Heritage Plan Amendment Report. Regulations under the following Acts - Development Act 1993 - Adelaide Park Lands. Technical. By the Minister for Emergency Services (The Hon. C. Zollo) - Reports, 2005-2006 - Adelaide Convention Centre. Adelaide Entertainment Centre. Chicken Meat Industry Act. Dairy Authority of South Australia. South Australian Tourism Commission. Veterinary Surgeons Board of South Australia. Regulation under the following Act - Fisheries Act 1982 - Rock Lobster Quota System. By the Minister for Environment and Conservation (The Hon. G. E. Gago) - Physiotherapists Board of South Australia - Report, 2005-2006. Regulations under the following Acts - Adelaide Park Lands Act 2005 - Management Strategy. Liquor Licensing Act 1997 - Long Term Dry Areas - Adelaide. Salisbury. Short Term Dry Areas - Spalding.
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Papers. |
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6. |
The Hon. B. V. Finnigan brought up the Report of the Statutory Authorities Review Committee, 2005-2006. Ordered - That the Report be printed. (Paper No. 200)
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Statutory
Authorities |
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7. |
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 the Likelihood of Further Cuts to River Murray Water Allocations.
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Ministerial
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8. |
The Minister for Environment and Conservation, without notice, moved - That the Standing Orders be so far suspended as to enable Question Time to be extended to enable the Hon. D. W. Ridgway to complete his question to her and for the Minister to complete her reply. Question put and passed, without a dissentient voice, there being present an absolute majority of the whole number of Members of the Council.
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Suspension
of |
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9. |
Ordered - That Order of the Day (Government Business) No. 1 be postponed and taken into consideration after Order of the Day (Government Business) No. 6.
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Postponement
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10. |
On the Order of the Day being read for the adjourned debate on the question - That the Upper South East Dryland Salinity and Flood Management (Extension of Period of Scheme) Amendment Bill be now read a second time: Debate resumed. On motion of the Hon. J. M. Gazzola, the debate was adjourned until next day of sitting.
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Upper
South East |
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11. |
On the Order of the Day being read for the adjourned debate on the question - That the Residential Parks Bill be now read a second time: Debate resumed. On motion of the Hon. J. M. Gazzola, the debate was adjourned until next day of sitting.
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Residential
Parks |
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12. |
On the Order of the Day being read for the adjourned debate on the question - That the Magistrates (Part-time Magistrates) Amendment 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.
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Magistrates
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13. |
Ordered - That Order of the Day (Government Business) No. 5 be an Order of the Day for next day of sitting.
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Postponement
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14. |
The Minister for Police according to order, moved - That the Genetically Modified Crops Management (Extension of Review Period and Controls) Amendment Bill be now read a second time. On motion of the Hon. D. W. Ridgway, the debate was adjourned until next day of sitting.
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Genetically
Modified
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15. |
Ordered - That Order of the Day (Government Business) No. 1 be an Order of the Day for next day of sitting.
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Postponement
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16. |
The following Messages from the House of Assembly were received and read: Message No. 46 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act for the appropriation of money from the Consolidated Account for the year ending on 30 June 2007 and for other purposes, to which it desires the concurrence of the Legislative Council. House of Assembly, 26 October 2006. J. J. SNELLING, Speaker. Bill read a first time. The Minister for Police then moved - That this Bill be now read a second time. On motion of the Hon. D. W. Ridgway, the debate was adjourned until next day of sitting.
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Messages
from
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Message No. 47 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Stamp Duties Act 1923, to which it desires the concurrence of the Legislative Council. House of Assembly, 28 September 2006. J. J. SNELLING, Speaker. The Minister for Police then moved - That this Bill be now read a second time. On motion of the Hon. T. J. Stephens, the debate was adjourned until next day of sitting.
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Stamp
Duties
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17. |
Council adjourned at thirteen minutes past six 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. 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
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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
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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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NOTICES AND ORDERS OF THE DAY ___________
WEDNESDAY 1 NOVEMBER 2006
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Notices of Motion: Private Business -
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1. |
The Hon. B. V. Finnigan to move - That the Report of the Statutory Authorities Review Committee, 2005-2006, be noted.
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2. |
The Hon. N. Xenophon to move - That he have leave to introduce a Bill for an Act to amend the Occupational Health, Safety and Welfare Act 1986.
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3. |
The Hon. N. Xenophon to move - That he have leave to introduce a Bill for an Act to amend the Road Traffic Act 1961.
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4. |
The Hon. N. Xenophon to move - |
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I. |
That this Council notes - |
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(a) |
The Environmental Protection Authority (EPA) draft report of July 2006 entitled “Stage One: Kilburn/Gepps Cross Area Study: Review of the Environmental Issues and Ambient Air Quality”; |
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(b) |
The EPA report of September 2006 entitled “Reporting to the Community: Industry Environmental Improvement Project in the Kilburn and Gepps Cross Area”; |
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(c) |
The concerns of residents in the Kilburn area over air quality and associated health concerns, including the impact of the operation of the Bradken Foundry at Kilburn on air quality and health of local residents; and |
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(d) |
The granting of Major Project status for a development application for a proposed expansion of the Bradken Foundry. |
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II. |
And that this Council calls on the Minister for the Environment to - |
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(a) |
Require the EPA, as a matter of urgency, to undertake further environmental monitoring of the air quality of Kilburn, particularly in the vicinity of the Bradken Foundry and to publicly disclose all such monitoring results; |
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(b) |
Request that the Minister for Health conduct an urgent health audit of Kilburn residents (including a comparative study) living in the vicinity of the Bradken Foundry to determine any link between emissions from the Bradken Foundry and health effects on residents; and |
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(c) |
Request that the Minister for Urban Development and Planning defer any further consideration of the Bradken Foundry expansion application until the further EPA monitoring and the health audit referred to have taken place and have been the subject of community consultation.
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Orders of the Day: Private Business -
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1. |
Adjourned debate on motion of the Hon. M. C. Parnell - |
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I. |
That a Select Committee of the Legislative Council be appointed to inquire into and report on - |
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(a) |
Arrangements for the administration and enforcement of the Prevention of Cruelty to Animals Act 1985 (the Act); |
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(b) |
The appropriateness of a private charity as the principal law enforcement body under the Act; |
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(c) |
The level of funding required to appropriately administer the Act; and |
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(d) |
Any other relevant matter. |
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II. |
That Standing Order No. 389 be so far suspended as to enable the Chairperson of the Committee to have a deliberative vote only. |
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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. |
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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 - (September 27) - (The Hon. I. K. Hunter).
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2. |
Statutes Amendment (Relationships) Bill (No. 50): adjourned debate on second reading - (September 27) - (The Hon. I. K. Hunter)6.
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3. |
Lottery and Gaming (Betting on Losing) Amendment Bill (No. 48): adjourned debate on second reading - (September 27) - (The Hon. I. K. Hunter)1.
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4. |
Tobacco Products Regulation (Retail Display) Amendment Bill (No. 49): adjourned debate on second reading - (September 27) - (The Hon. I. K. Hunter)1.
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5. |
Summary Procedure (Paedophile Restraining Orders) Amendment Bill (No. 51): adjourned debate on second reading - (September 27) - (The Hon. I. K. Hunter)3.
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6. |
Adjourned debate on motion of the Hon. I. K. Hunter - That the Legislative Council of South Australia - |
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I. |
recognises that - |
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(a) |
a report from the United Nations Population Fund (UNFPA) State of the World Population 2006 - a Passage to Hope: Women and International Migration - was released on 6 September 2006; |
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(b) |
women constitute almost half of all international migrants worldwide - 95 million or 49.6 per cent; |
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(c) |
in 2005, roughly half the world’s 12.7 million refugees were women; |
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(d) |
for many women, migration opens doors to a new world of greater equality and relief from oppression and discrimination that limit freedom and stunt potential; |
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(e) |
in 2005 remittances by migrants to their country of origin were an estimated US$232 billion, larger than official development assistance (ODA) and the second largest source of funding for developing countries after foreign direct investment (FDI); |
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(f) |
migrant women send a higher proportion of their earnings than men to families back home; |
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(g) |
migrant women often contribute to their home communities on their return, for instance through improved child health and lower morality rates, however; |
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(h) |
the massive outflow of nurses, midwives and doctors from poorer to wealthier countries is creating health care crises in many of the poorer countries, exacerbated by massive health care needs such as very high rates of infectious disease; |
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(i) |
the intention to emigrate is especially high among health workers living in regions hardest hit by HIV/AIDS; |
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(j) |
the rising demand for health care workers in richer countries because of their ageing populations will continue to pull such workers away from poorer countries; |
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(k) |
millions of female migrants face hazards ranging from the enslavement of trafficking to exploitation as domestic workers; |
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(l) |
the International Labour Organisation (ILO) estimates that 2.45 million trafficking victims are toiling in exploitative conditions worldwide; |
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(m) |
policies often discriminate against women and bar them from migrating legally, forcing them to work in sectors which render them more vulnerable to exploitation and abuse; |
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(n) |
domestic workers, because of the private nature of their work, may be put in gross jeopardy through being assaulted; raped; overworked; denied pay, rest days, privacy and access to medical services; verbally or psychologically abused; or having their passports withheld; |
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(o) |
when armed conflict erupts, armed militias often target women and girls for rape, leaving many to content with unwanted pregnancies, HIV infection and reproductive illnesses and injury; |
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(p) |
at any given time, 25 per cent of refugee women of child-bearing age are pregnant; |
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(q) |
for refugees fleeing conflict, certain groups of women such as those who head households, ex-combatants, the elderly, disabled, widows, young mothers and unaccompanied adolescent girls, are more vulnerable and require special protection and support; |
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(r) |
people should not be compelled to migrate because of inequality, insecurity, exclusion and limited opportunities in their home countries; |
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(s) |
human rights of all migrants, including women, must be respected. |
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II. |
encourages - |
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(a) |
governments and multilateral institutions to establish, implement and enforce policies and measures that will protect migrant women from exploitation and abuse; |
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(b) |
all efforts that help reduce poverty, bring about gender equality and enhance development, thereby reducing the “push” factors that compel many migrants, particularly women, to leave their own countries, and at the same time helping achieve a more orderly migration program - (September 20, 27) - (The Hon. J. M. Gazzola).
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7. |
Summary Offences (Ticket Scalping) Amendment Bill (No. 44): adjourned debate on second reading - (September 20) - (The Hon. J. M. Gazzola)1.
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8. |
Gaming Machines (Club One) Amendment Bill (No. 45): adjourned debate on second reading - (September 20) - (The Hon. J. M. Gazzola)1.
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9. |
Adjourned debate on motion of the Hon. S. M. Kanck - That this Council notes that the lack of legal voluntary euthanasia effectively forces some people to pre-emptive and covert suicide, often by violent or unreliable means - (August 30) - (The Hon. M. C. Parnell).
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10. |
Adjourned debate on motion of the Hon. M. C. Parnell - |
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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. |
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II. |
That this Resolution be forwarded to the Minister for Foreign Affairs - (August 30) - (The Hon. J. M. Gazzola).
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11. |
Adjourned debate on motion of the Hon. M. C. Parnell - That the Legislative Council calls on the State Government to ensure the Bakewell Bridge redevelopment has equitable disability access and appropriate provision for pedestrians and cyclists by the inclusion of a decent off-road pathway on the northern side of the proposed underpass - (August 30) - (The Hon. J. M. Gazzola).
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12. |
The Hon. A. M. Bressington to move - That she have leave to introduce a Bill for an Act to amend the Liquor Licensing Act 1997.
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13. |
Education (Random Drug Testing) Amendment Bill (No. 37): adjourned debate on second reading - (August 30, September 27) - (The Hon. R. P. Wortley)4.
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14. |
The Hon. A. M. Bressington to move - That she have leave to introduce a Bill for an Act to provide for properly monitored treatment programs for substance abuse; to make related amendments to the Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981; the Children’s Protection Act 1993; the Controlled Substances Act 1984; and the Education Act 1972; and for other purposes.
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15. |
Victims of Crime (Victim Participation) Amendment Bill (No. 28): adjourned debate on second reading - (June 21) - (The Hon. I. K. Hunter)1.
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16. |
Local Government (Open Space) Amendment Bill (No. 29): adjourned debate on second reading - (June 21) - (The Hon. I. K. Hunter)1.
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17. |
Electricity (Compensation for Blackouts) Amendment Bill (No. 30): adjourned debate on second reading - (June 21, September 20) - (The Hon. J. M. Gazzola)1.
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18. |
Controlled Substances (Sale of Equipment) Amendment Bill (No. 24): adjourned debate on second reading - (June 7, September 20, 27) - (The Hon. J. M. Gazzola)4.
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19. |
Adjourned debate on motion of the Hon. M. C. Parnell - That the Regulations under the Development Act 1993 concerning Clarification of Public Notice Categories, made on 16 February 2006 and laid on the Table of this Council on 2 May 2006, be disallowed - (September 20) - (The Hon. I. K. Hunter).
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20. |
Adjourned debate on motion of the Hon. M. C. Parnell - That the Miscellaneous Regulations under the Development Act 1993, made on 12 January 2006 and laid on the Table of this Council on 2 May 2006, be disallowed - (September 20) - (The Hon. I. K. Hunter).
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21. |
Controlled Substances (Expiation of Simple Cannabis Offences) Amendment Bill (No. 12): adjourned debate on second reading - (May 31, September 20) - (The Hon. R. P. Wortley)3.
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22. |
Statutes Amendment (Prohibition on Minors Participating in Lotteries) Bill (No. 13): adjourned debate on second reading - (May 31, September 27) - (The Hon. B. V. Finnigan)1.
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23. |
Occupational Health, Safety and Welfare (Inspections by Union Officials) Amendment Bill (No. 14): adjourned debate on second reading - (May 31) - (The Hon. J. M. Gazzola)3.
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24. |
Civil Liability (Solatium) Amendment Bill (No. 15): adjourned debate on second reading - (May 31) - (The Hon. R. P. Wortley)1.
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25. |
Road Traffic (Penalties) Amendment Bill (No. 5): adjourned debate on second reading - (May 3) - (The Hon. J. M. Gazzola)1.
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26. |
Upper South East Dryland Salinity and Flood Management (Natural Resources Committee) Amendment Bill (No. 6): adjourned debate on second reading - (May 3, 10, 31, September 27) - (The Hon. R. P. Wortley)2.
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Notice of Motion: Government Business -
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1. |
The Minister for Emergency Services to move - That she have leave to introduce a Bill for an Act to amend the Road Traffic Act 1961.
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Orders of the Day: Government Business -
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*1. |
Child Sex Offenders Registration Bill (No. 39): in Committee - Schedule 1 - (September 28).
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2. |
Upper South East Dryland Salinity and Flood Management (Extension of Period of Scheme) Amendment Bill (No. 40): adjourned debate on second reading - (August 31, September 19, 21, October 31) - (The Hon. J. M. Gazzola).
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*3. |
Residential Parks Bill (No. 43): adjourned debate on second reading - (September 20, October 31) - (The Hon. J. M. Gazzola).
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*4. |
Magistrates (Part-time Magistrates) Amendment Bill (No. 46): adjourned debate on second reading - (September 20, October 31) - (The Hon. R. P. Wortley).
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*5. |
Evidence (Suppression Orders) Amendment Bill (No. 47): adjourned debate on second reading - (September 21) - (The Hon. D. W. Ridgway).
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*6. |
Genetically Modified Crops Management (Extension of Review Period and Controls) Amendment Bill (No. 52): adjourned debate on second reading - (October 31) - (The Hon. D. W. Ridgway).
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*7. |
Appropriation Bill (No. 53): adjourned debate on second reading - (October 31) - (The Hon. D. W. Ridgway).
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*8. |
Stamp Duties (Land Rich Entities) Amendment Bill (No. 54): adjourned debate on second reading - (October 31) - (The Hon. T. J. Stephens).
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___________
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WEDNESDAY 6 DECEMBER 2006
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Orders of the Day: Private Business -
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1. |
Select Committee on Collection of Property Taxes by State and Local Government, including Sewerage Charges by SA Water: Report to be brought up.
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2. |
Select Committee on Pricing, Refining, Storage and Supply of Fuel in South Australia: Report to be brought up.
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3. |
Select Committee on Allegedly Unlawful Practices Raised in the Auditor-General’s Annual Report, 2003-2004: Report to be brought up.
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4. |
Select Committee on the Atkinson/Ashbourne/Clarke Affair: Report to be brought up.
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5. |
Select Committee on the Selection Process for the Principal at the Elizabeth Vale Primary School: Report to be brought up.
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___________
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Contingent Notice of Motion -
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1. |
Contingently, on the second reading of any Bill being moved, or on any Bill being reported, the Minister for Police to move - That the Standing Orders be so far suspended as to enable the Bill to pass through the remaining stages without delay.
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J. M. DAVIS,
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Member in charge of Bill - 1Hon. N. Xenophon |
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