SOUTH AUSTRALIA]
No. 28
MINUTES OF THE PROCEEDINGS
OF THE
LEGISLATIVE COUNCIL
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TUESDAY 23 OCTOBER 2007
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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. |
The following Papers were laid upon the Table, viz.: By the Minister for Police (The Hon. P. Holloway) - Reports, 2006-2007 - Code Registrar for the National Third Party Access Code for Natural Gas Pipeline Systems. Construction Industry Long Service Leave Board. The Institution of Surveyors Australia - South Australian Division Inc. 2007 Ports Pricing and Access Review prepared by the Essential Services Commission of South Australia (September 2007). Actuarial Investigation of the State and Sufficiency of the Construction Industry Fund - prepared for the Construction Industry Long Service Leave Board as at 30 June 2007. Regulations under the following Acts - Child Sex Offenders Registration Act 2006 - General. Fair Work Act, 1994 - Clothing Outworkers. Maritime Services (Access) Act 2000 - Continuation. South Australian Ports (Disposal of Maritime Assets) Act 2000 - Panel Membership. Return of Authorisations issued to Enter Premises pursuant to Section 83C(1) of the Summary Offences Act 1953 - 1 July 2006 to 30 June 2007. Return of Authorisations issued to Enter Premises pursuant to Section 83C(3) of the Summary Offences Act 1953 - 1 July 2006 to 30 June 2007. Return pursuant to Section 74B of the Summary Offences Act 1953 - Road Block Establishment Authorisations - 1 April 2007 to 30 June 2007. Return pursuant to Section 83B of the Summary Offences Act 1953 - Dangerous Area Declarations - 1 April 2007 to 30 June 2007. By the Minister for Environment and Conservation (The Hon. G. E. Gago) - Reports, 2006-2007 - Animal Welfare Advisory Committee. Coast Protection Board. Department for Environment and Heritage. Environment Protection Authority. General Reserves Trust. Land Board. Radiation Protection and Control Act 1982. South Australian Heritage Council. Wilderness Protection Act 1992 - South Australia. Regulations under the following Acts - Fair Trading Act 1987 - Residential Parks. Liquor Licensing Act 1997 - Dry Zones - Salisbury. By the Minister for Mental Health and Substance Abuse (The Hon. G. E. Gago) - Regulation under the following Act - Controlled Substances Act 1984 - Optometrists.
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Papers. |
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3. |
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 the Resignation of the Hon. N. Xenophon and the Legislative Council Casual Vacancy.
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Ministerial
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4. |
The Minister for Environment and Conservation (The Hon. G. E. Gago), by leave, tabled a copy of a Ministerial Statement made by the Minister for Water Security (The Hon. K. A. Maywald, M.P.) concerning a Water Incentives Package.
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Ministerial
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5. |
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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6. |
The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Occupational Health Safety and Welfare (Penalties) Amendment Bill.
In the Committee
Clauses No. 1 to No. 4 agreed to. Clause No. 5 read. The Hon. S. M. Kanck moved on page 3, lines 5 to 12, to leave out proposed new subsection (1) and insert the following: “(1) If— (a) a person contravenes a provision of Part 3; and (b) the contravention causes serious harm to another; and (c) the person— (i) knew that the contravention was likely to cause serious harm to another; or (ii) was recklessly indifferent about whether the contravention was likely to cause serious harm to another, the person is guilty of an aggravated offence. Maximum penalty: (a) in the case of a natural person—imprisonment for 5 years or double the Division 1 fine; (b) in the case of a body corporate or an administrative unit in the Public Service of the State—double the Division 1 fine.”. The Hon. C. V. Schaefer moved on page 3, lines 5 to 14, to leave out proposed new subsections (1) and (2) and insert the following: “(1) A person is guilty of an offence if— (a) the person, without lawful excuse, acts in a manner that creates a substantial risk of death or serious harm to another who is in a workplace; and (b) the person— (i) knew that his or her act or acts would create that risk; or (ii) was recklessly indifferent about whether his or her act or acts would create that risk. Maximum penalty: (a) in the case of a natural person—imprisonment for 5 years or double the Division 1 fine; (b) in the case of a body corporate or an administrative unit in the Public Service of the State—double the Division 1 fine.”. Question - That proposed new subsection 1, as proposed to be struck out by the Hon. S. M. Kanck and the Hon. C. V. Schaefer, stand as printed - put and negatived.
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Occupational
Health |
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Question - That proposed new section (1) as proposed to be inserted by the Hon. S. M. Kanck, be so inserted - put and negatived. Question - That proposed new section (1) as proposed to be inserted by the Hon. C. V. Schaefer, be so inserted - put. |
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Committee divided: Ayes, 10 The Hon. J.S.L. Dawkins The Hon. A. L. Evans The Hon. D.G.E. Hood The Hon. S. M. Kanck 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. C. V. Schaefer (Teller) So it was resolved in the affirmative. |
Noes, 6 The Hon. B. V. Finnigan The Hon. G. E. Gago The Hon. J. M. Gazzola The Hon. M. C. Parnell The Hon. R. P. Wortley The Hon. P. Holloway (Teller)
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Question
- That proposed new subsection (2), as proposed to be struck out by the Hon. Clause No. 5, as amended, 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 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.
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7. |
The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Criminal Assets Confiscation (Serious Offences) Amendment Bill.
In the Committee
Clause No. 1, which the Hon. R. D. Lawson had moved to amend on page 2, line 3, by leaving out “Serious Offences” and inserting “Miscellaneous”, further considered. Question - That the amendment be agreed to - put. |
Criminal
Assets |
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Committee divided: Ayes, 9 The Hon. J.S.L. Dawkins The Hon. S. M. Kanck 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. R. D. Lawson (Teller) |
Noes, 9 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. P. Wortley The Hon. C. Zollo The Hon. P. Holloway (Teller) |
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And there being an equality of votes, the Chairperson gave his casting vote to the Noes. Clause No. 1 agreed to. Clauses No. 2 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 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. The Minister for Police then moved - That this Bill be now read a third time. Question put. |
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Council divided: Ayes, 15 The Hon. J.S.L. Dawkins The Hon. A. L. Evans 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. C. V. Schaefer The Hon. T. J. Stephens 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)
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Bill read a third time. Resolved - That this Bill do now pass.
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8. |
The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Statutes Amendment (Investigation and Regulation of Gambling Licensees) Bill.
In the Committee
Clause No. 1 further considered. The Hon. D. W. Ridgway moved - That the Chairperson reports progress and seeks leave for the Committee to sit again. Question put. |
Statutes
Amendment |
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Committee divided: Ayes, 7 The Hon. J.S.L. Dawkins The Hon. R. D. Lawson The Hon. J.M.A. Lensink The Hon. R. I. Lucas The Hon. C. V. Schaefer The Hon. T. J. Stephens The Hon. D. W. Ridgway (Teller)
So it passed in the negative. |
Noes, 10 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. S. M. Kanck The Hon. M. C. Parnell The Hon. R. P. Wortley The Hon. C. Zollo (Teller) |
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Clause No. 1 agreed to. Clauses No. 2 to No. 12 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 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. The Minister for Emergency Services then moved - That this Bill be now read a third time. Question put. |
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Council divided: Ayes, 7 The Hon. A. L. Evans The Hon. B. V. Finnigan The Hon. J. M. Gazzola The Hon. D.G.E. Hood The Hon. M. C. Parnell The Hon. R. P. Wortley The Hon. C. Zollo (Teller) |
Noes, 7 The Hon. J.S.L. Dawkins The Hon. S. M. Kanck The Hon. R. D. Lawson The Hon. J.M.A. Lensink The Hon. C. V. Schaefer The Hon. T. J. Stephens The Hon. D. W. Ridgway (Teller) |
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And there being an equality of votes, the President gave his casting vote to the Ayes. Bill read a third time. Resolved - That this Bill do now pass.
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9. |
The following Messages from the House of Assembly were received and read: Message No. 46 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Environment Protection Act 1993, to which it desires the concurrence of the Legislative Council. House of Assembly, 18 October 2007. J. J. SNELLING, Speaker. |
Messages
from
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Schedule of the Amendment made by the House of Assembly Clause 5, page 5, lines 28 to 37— Delete subsection (1) and substitute: (1) For the purposes of this Act, site contamination exists at a site if— (a) chemical substances are present on or below the surface of the site in concentrations above the background concentrations (if any); and (b) the chemical substances have, at least in part, come to be present there as a result of an activity at the site or elsewhere; and (c) the presence of the chemical substances in those concentrations has resulted in— (i) actual or potential harm to the health or safety of human beings that is not trivial, taking into account current or proposed land uses; or (ii) actual or potential harm to water that is not trivial; or (iii) other actual or potential environmental harm that is not trivial, taking into account current or proposed land uses. M. LEHMAN, Clerk of the House of Assembly. |
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Ordered - That the Message be taken into consideration on next day of sitting.
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Message No. 47 MR. PRESIDENT - The House of Assembly has agreed to the amendments made by the Legislative Council in the Collections for Charitable Purposes (Miscellaneous) Amendment Bill, without amendment. House of Assembly, 18 October 2007. J. J. SNELLING, Speaker.
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Collections
for
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Message No. 48 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Senior Secondary Assessment Board of South Australia Act 1983, to which it desires the concurrence of the Legislative Council. House of Assembly, 18 October 2007 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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Senior
Secondary |
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10. |
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.
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Suspension
and
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11. |
On the Order of the Day being read for the adjourned debate on the question - That the Prevention of Cruelty to Animals (Animal Welfare) Amendment Bill be now read a second time: Debate resumed. On motion of the Hon. I. K. Hunter, the debate was adjourned until next day of sitting.
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Prevention
of |
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12. |
On the Order of the Day being read for the adjourned debate on the question - That the Victims of Crime (Commissioner for Victims’ Rights) 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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Victims
of Crime |
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13. |
On the Order of the Day being read for the adjourned debate on the question - That the Tobacco Products Regulation (Miscellaneous) Amendment Bill be now read a second time: Debate resumed. On motion of the Hon. I. K. Hunter, the debate was adjourned until next day of sitting.
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Tobacco
Products |
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14. |
On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (Victims of Crime) Bill be now read a second time: Debate resumed. On motion of the Hon. I. K. Hunter, the debate was adjourned until next day of sitting.
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Statutes
Amendment |
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15. |
On the Order of the Day being read for the adjourned debate on the question - That the Motor Vehicles (Miscellaneous) Amendment Bill be now read a second time: Debate resumed. Question put and passed. Bill read a second time. Ordered - That the Bill’s consideration in Committee be an Order of the Day for next day of sitting.
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Motor
Vehicles |
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16. |
Ordered - That Orders of the Day (Government Business) No. 10 and No. 11 be Orders of the Day for next day of sitting.
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Postponement
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17. |
On the Order of the Day being read for the adjourned debate on the question - That the National Electricity (South Australia) (National Electricity Law - Miscellaneous Amendments) Amendment 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.
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National
Electricity
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18. |
Ordered - That the remaining Orders of the Day (Government Business) be Orders of the Day for next day of sitting.
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Postponement
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19. |
Council adjourned at twenty-five minutes past nine 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. 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
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The Hon. M. C. Parnell The Hon. D. W. Ridgway The Hon. C. V. Schaefer The Hon. T. J. Stephens The Hon. R. P. Wortley The Hon. C. Zollo
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