1.

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

                 The President read prayers.

Meeting of
Council.

    2.

A Messenger from the Governor having been announced by Black Rod, the following Message was received and read:

Message No. 15.

                 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 Second Session of the 51st Parliament, viz.:

                 No. 16 of 2008 - An Act to amend the WorkCover Corporation Act 1994.

                 No. 17 of 2008 - An Act to amend the Workers Rehabilitation and Compensation Act 1986.

                 No. 18 of 2008 - An Act to amend the Adelaide Festival Centre Trust Act 1971.

                 No. 19 of 2008 - An Act to establish a framework to enable third parties to gain access to certain natural gas pipeline services; to repeal the Gas Pipelines Access (South Australia) Act 1997; to amend the Australian Energy Market Commission Establishment Act 2004; and for other purposes.

                 No. 20 of 2008 - An Act to amend the Pay-roll Tax Act 1971.

                 No. 21 of 2008 - An Act to amend the Prevention of Cruelty to Animals Act 1985.

                 No. 22 of 2008 - An Act to amend the Road Traffic Act 1961.

                 No. 23 of 2008 - An Act to amend the Stamp Duties Act 1923.

                 No. 24 of 2008 - An Act to amend the Health Care Act 2008 and to repeal the Institute of Medical and Veterinary Science Act 1982.

                 No. 25 of 2008 - An Act to amend the Police Superannuation Act 1990 and the Southern State Superannuation Act 1994.

                 No. 26 of 2008 - An Act to amend the Harbors and Navigation Act 1993, the Motor Vehicles Act 1959, the Passenger Transport Act 1994 and the Road Traffic Act 1961.

                 No. 27 of 2008 - An Act for the appropriation of money from the Consolidated Account for the financial year ending on 30 June 2009.

                 No. 28 of 2008 - An Act to amend the Criminal Law Consolidation Act 1935.

                 No. 29 of 2008 - An Act to amend the Local Government Act 1999.

                 No. 30 of 2008 - An Act relating to higher education, vocational education and training, adult community education, and education services for overseas students; to establish the Training and Skills Commission; to repeal the Training and Skills Development Act 2003; to make related amendments to the Fair Work Act 1994; and for other purposes.

Government House, Adelaide, 22 July 2008.                                      KEVIN SCARCE, Governor.

Message from
Governor:
Assent to Bills.

    3.

The Minister for Police (The Hon. P. Holloway), by leave, without notice, moved - That the sitting of the Council be not suspended during the continuation of the Conference on the Legal Profession Bill.

                 Question put and passed.

Legal Profession Bill.

    4.

Answers to Questions on Notice No. 123 and No. 265 received this day, were tabled by the President who directed that they be distributed and printed in Hansard.

Answers to
Questions.

    5.

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

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

                 Regulations under the following Acts -

                          Australian Energy Market Commission Establishment Act 2004 - Grant Allocations.

                          Criminal Law Consolidation Act 1935 - Medical Termination of Pregnancy.

                          Electoral Act 1985 - Prescribed Authorities.

                          Emergency Services Funding Act 1998 - Variation - Remissions - Land.

                          Harbors and Navigation Act 1993 - Restrictions and General.

                          Motor Vehicles Act 1959 -

                                   Conditional Registration.

                                   Disqualification Fees.

                          Police Act 1998 - Illness or Injury to Prisoners.

                          Public Corporations Act 1993 - Fire Equipment Services South Australia - Dissolution and Revocation.

                          Public Sector Management Act 1995 - Exemptions.

                          Road Traffic Act 1961 -

                                   Road Rules - Ancillary and Miscellaneous - Emergency Workers.

                                   Miscellaneous - Declaration of Hospitals

                          Southern State Superannuation Act 1994 -

                                   Incorporated Hospitals

                                   Police Superannuation.

                                   Transition to Retirement.

                          Stamp Duties Act 1923 - Recognised Financial Markets.

                          Superannuation Act 1988 - Transition to Retirement.

                          Victims of Crime Act 2001 - Imposition of Levy.

                          Workers Rehabilitation and Compensation Act 1986 -

                                   Claims and Registration - Variation.

                                   Scales of Charges - Medical Practitioners.

                                   Scales of Medical and Other Charges - Schedules.

                                   Variation - General.

                 Rules under Acts -

                          Road Traffic Act 1961 - Rules - Vehicle Standards - Variation.

                 Rules of Court -

                          Supreme Court - Supreme Court Act 2003 (South Australia) - Amendment No. 4

                 Appointments to Ministers’ Personal Staff.

        By the Minister for Urban Development and Planning (The Hon. P. Holloway) -

                 Proposal to remove one significant tree at Parkside Primary School - Report.

                 Regulations under the following Act -

                          Development Act 2993 -

                                   Heated Water Services.

                                   Open Space Contribution Scheme.

                                   Schedule 10.

                 District Council of Mount Barker - Significant Trees - Development Plan Amendment by the Council.

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

                 Regulations under the following Acts -

                          Fisheries Management Act 2007 -.

                                   Abalone Fisheries - Licences and Catch Quotas.

                                   Aquatic Reserves - New Regulations and Revocation.

                                   Fishing Activities.

                                   Lakes and Coorong Fishery - Pipi Quotas.

                                   Marine Scalefish Fisheries - Pipi Quotas.

                                   Miscellaneous Fishery - Aquatic Resources.

Papers.

                                   Prawn Fisheries - Gulf St. Vincent.

                                   Rock Lobster - Northern Zone.

                          Primary Industry Fund Schemes Act 1998 - Rock Lobster Fishing Industry Fund.

                          Primary Produce (Food Safety Schemes) Act 2004 -

                                   Codes.

                                   Food Standards.

                                   Seafood Fees.

                          Senior Secondary Assessment Board of South Australia Act 1983 - Variation.

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

                 Local Government Grants Commission South Australia - Report, 2006-2007.

                 Regulations under the following Acts -

                          Conveyancers Act 1994 - Establishment and Determination.

                          Environment Protection Act 1993 - Environmental Authorisations.

                          Health Care Act 2008 - General.

                          Land and Business (Sale and Conveyancing) Act 1994 - Real Estate Industry Reform.

                          Land Agents Act 1994 - Real Estate Industry Reform.

                          Liquor Licensing Act 1997 -

                                   Dry Areas - Ceduna and Thevenard.

                                   Dry Areas - Port Vincent.

                          Natural Resources Management Act 12004 - Baroota Prescribed Water Resources Area.

                          South Australian Health Commission Act 1976 - Recognised Hospital - Medicare Patient Fees.

                          Waterworks Act 1932 - Variation.

                 Corporation By-Laws -

                          Mitcham -

                                   No. 1 - Permits and Penalties.

                                   No. 2 - Moveable Signs.

                                   No. 3 - Local Government Land.

                                   No. 4 - Roads.

                                   No. 7 - Waste Management.

                          Playford -

                                   No. 1 - Permits and Penalties.

                                   No. 2 - Moveable Signs.

                                   No. 3 - Local Government Land.

                                   No. 4 - Dogs.

                                   No. 5 - Cats.

                          Walkerville -

                                   No. 1 - Permits and Penalties.

                                   No. 2 - Local Government Land.

                                   No. 3 - Roads.

                                   No. 4 - Moveable Signs.

                                   No. 5 - Dogs.

                 Murray-Darling Basin Agreement 1992 - Schedule F: Cap on Diversions.

   6.

The Hon. R. P. Wortley brought up the following Reports of the Natural Resources Committee -

        Natural Resources Management Boards Levy Proposals - Reports, 2008-2009 -

                 Adelaide and Mount Lofty Ranges.

                 Eyre Peninsula.

                 Northern and Yorke.

                 South Australian Murray Darling Basin.

                 South East.

Natural Resources
Committee - Reports
on Natural Resources
Management Boards
Levy Proposals,
2008-2009.

    7.

The Minister for Police, by leave, tabled a copy of a Ministerial Statement made by the Premier (The Hon. M. D. Rann, M.P.) concerning South Australia’s Strategic Plan Audit of Progress.

Ministerial
Statement Tabled.

    8.

The Minister for Police, by leave, tabled a copy of a Ministerial Statement made by the Treasurer (The Hon. K. O. Foley, M.P.) concerning Water Bills Reimbursement.

Ministerial
Statement Tabled.

   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 following Messages from the House of Assembly were received and read:

Message No. 112

                 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 2009 and for other purposes, to which it desires the concurrence of the Legislative Council.

House of Assembly, 3 July 2008.                                                                     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. J.M.A. Lensink, the debate was adjourned until next day of sitting.

Messages from
House of Assembly:
Appropriation Bill.

Message No. 113

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith entitled an Act to amend the Correctional Services Act 1982, to which it desires the concurrence of the Legislative Council.

House of Assembly, 22 July 2008.                                                                   J. J. SNELLING, Speaker.

                 Bill read a first time.

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

                 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.

                 On motion of the Hon. S. G. Wade, the debate was adjourned and ordered to be resumed on motion.

Correctional Services
(Application of Truth
in Sentencing)
Amendment Bill.

Message No. 114

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith entitled an Act to amend the Controlled Substances Act 1984; and to make a related amendment to the Summary Offences Act 1953, without any amendment.

House of Assembly, 22 July 2008.                                                                   J. J. SNELLING, Speaker.

Controlled
Substances (Drug
Detection Powers)
Amendment Bill.

  11.

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

In the Committee

                          Clauses No. 1 to No. 7 agreed to.

                          Clause No. 8 amended and agreed to.

                          Clause No. 9 agreed to.

                          Clause No. 10 amended and agreed to.

                          Clause No. 11 amended and agreed to.

                          Clause No. 12 amended and agreed to.

                          Clauses No. 13 to 21 agreed to.

                          Clause No. 22 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.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

Environment
Protection
(Miscellaneous)
Amendment Bill.

12.

On the Order of the Day being read for the adjourned debate on the question - That the Controlled Substances (Controlled Drugs, Precursors and Cannabis) Amendment Bill be now read a second time:

                 Debate resumed.

                 Question put.

Controlled 
Substances
(Controlled Drugs,
Precursors and
Cannabis)
Amendment Bill.

             Council divided:

Ayes, 16

The Hon. A. M. Bressington

The Hon. J. A. Darley

The Hon. J.S.L. Dawkins

The Hon. B. V. Finnigan

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. T. J. Stephens

The Hon. S. G. Wade

The Hon. R. P. Wortley

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

      So it was resolved in the affirmative.

Noes, 2

The Hon. M. C. Parnell

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

                          Clauses No. 1 to No. 20 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 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.

  13.

On the Order of the Day being read for the adjourned debate on the question - That the Classification (Publication, Film and Computer Games) (Classification Process) 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.

Classification
(Publication,
Film and
Computer Games)
(Classification
Process)
Amendment Bill.

  14.

The Minister for Emergency Services moved  - That the adjourned debate on the question - That the Correctional Services (Application of Truth in Sentencing) Amendment Bill be now read a second time - be now resumed.

                 Question put.

Correctional Services
(Application of Truth
in Sentencing)
Amendment Bill.

             Council divided:

Ayes, 9

The Hon. A. M. Bressington

The Hon. J. A. Darley

The Hon. B. V. Finnigan

The Hon. J. M. Gazzola

The Hon. P. Holloway

The Hon. D.G.E. Hood

The Hon. I. K. Hunter

The Hon. R. P. Wortley

The Hon. C. Zollo (Teller)

Noes, 9

The Hon. J.S.L. Dawkins

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. T. J. Stephens

The Hon. S. G. Wade

The Hon. D. W. Ridgway (Teller)

          There being an equality of votes, the President gave his casting vote to the Ayes.

                 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.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

President’s Casting
Vote.

15.

Ordered - That Order of the Day (Government Business) No. 5 be an Order of the Day for next day of sitting.

Postponement
of Business.

  16.

On the Order of the Day being read for the adjourned debate - That the Plastic Shopping Bags (Waste Avoidance) Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. B. V. Finnigan, the debate was adjourned until next day of sitting.

Plastic Shopping
Bags (Waste
Avoidance) Bill.

17.

Ordered - That Order of the Day (Government Business) No. 7 be an Order of the Day for next day of sitting.

Postponement
of Business.

  18.

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

Message No. 115

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith entitled an Act to amend the Civil Liability Act 1936, to which it desires the concurrence of the Legislative Council.

House of Assembly, 22 July 2008.                                                                   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:
Civil Liability
(Food Donors and
Distributors)
Amendment Bill.

19.

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

Adjournment.

_________________________

Members present during any part of the sitting: