SOUTH AUSTRALIA]

No. 20

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  4  FEBRUARY  2009

 

 

 

   1.

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

                 The President read prayers.

 

Meeting of
Council.

   2.

The Hon. J. M. Gazzola brought up the Tenth Report, 2008-2009, of the Legislative Review Committee.

       

Legislative Review
Committee -
Tenth Report,
2008-2009.

 

   3.

The Hon. J. M. Gazzola brought up the Eleventh Report, 2008-2009, of the Legislative Review Committee, which was read by the Clerk as follows -

                 The Regulations listed hereunder are at present being considered by the Legislative Review Committee.  Evidence is being taken on these matters and it is necessary for Notices of Motion for Disallowance to be given in both Houses before the expiration of 14 sitting days, to allow the Committee time to complete its deliberations.

                 Honourable Members are warned that after further consideration has been given to the
Regulations, the Committee may decide to take no further action.

                 Regulations referred to -

Fisheries Management Act 2007 -

          Marine Scalefish Fisheries - Cockle Quotas.

          Rock Lobster Fisheries - Cockle Quotas.

          Fish Processors - Delivery of Cockles.

Development Act 1993 - Tramline - Schedule 3 Activities.

Liquor Licensing Act 1997 - Dry Areas - Adelaide and North Adelaide.

 

Legislative Review
Committee -
Eleventh Report,
2008-2009.

 

   4.

The Minister for Mineral Resources Development (The Hon. P. Holloway), without notice, moved - That the Standing Orders be so far suspended as to enable him to move for the substitution, by motion, of a Member on the Budget and Finance Committee.

                 Question put and passed, without a dissentient voice, there being present an absolute majority of the whole number of Members of the Council.

Suspension of
Standing Orders.

 

 

                 The Minister for Mineral Resources Development then moved - That the Hon. R. L. Brokenshire be substituted in the place of the Hon. D.G.E. Hood, resigned, on the Budget and Finance Committee.

                 Question put and passed.

 

Budget and Finance
Committee -
Substitution of
Member.

 

    5.

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

        By the Minister for Mineral Resources Development -

                 Determination and Report of the Remuneration Tribunal - No. 1 of 2009 - Members of the Judiciary, Members of the Industrial Relations Commission, the State Coroner, Commissioners of the Environment, Resources and Development Court.

                 Determination and Report of the Remuneration Tribunal - No. 2 of 2009 - Auditor General, Electoral Commissioner, Deputy Electoral Commissioner, Employee Ombudsman and Health and Community Services Complaints Commissioners.

 

Papers.

    6.

The Minister for State/Local Government Relations (The Hon. G. E. Gago), by leave, tabled a copy of a Ministerial Statement made by the Minister for Health (The Hon. J. D. Hill, M.P.) concerning the Marjorie Jackson-Nelson Hospital.

 

Ministerial
Statement Tabled.

    7.

The Minister for State/Local Government Relations, by leave, tabled a copy of a Ministerial Statement made by the Minister for Health concerning the Current Heatwave.

 

Ministerial
Statement Tabled.

   8.

In accordance with Standing Orders, the President called on Members to make Statements on Matters of Interest.

 

Statements on
Matters of Interest.

   9.

Ordered - That Notice of Motion (Private Business) No. 1 be an Order of the Day for Wednesday, 18 February 2009.

 

Postponement
of Business.

10.

The Hon. M. C. Parnell, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Electoral Act 1985.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. M. C. Parnell then moved - That this Bill be now read a second time.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday, 18 February 2009.

 

Electoral (Cost of
By-elections)
Amendment Bill.

11.

Ordered - That Notices of Motion (Private Business) No. 3 and No. 4 be Orders of the Day for Wednesday, 18 February 2009.

 

Postponement
of Business.

12.

The Hon. J. A. Darley, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Valuation of Land Act 1971.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. J. A. Darley then moved - That this Bill be now read a second time.

                 On motion of the Hon. R. P. Wortley, the debate was adjourned until Wednesday, 18 February 2009.

 

Valuation of Land
(Miscellaneous)
Amendment Bill.

  13.

The Hon. J.S.L. Dawkins, pursuant to notice, moved - That the Report of the Select Committee on Proposed Sale and Redevelopment of the Glenside Hospital Site, be noted.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday, 18 February 2009.

Select Committee on Proposed Sale and
Redevelopment of
the Glenside
Hospital Site -
Report be noted -
Motion re.

  14.

The Hon. R. P. Wortley, pursuant to notice, moved - That the Interim Report of the Environment, Resources and Development Committee on Desalination (Port Stanvac), be noted.

                 On motion of the Hon. T. J. Stephens, the debate was adjourned until Wednesday, 18 February 2009.

Environment,
Resources and
Development
Committee -
Interim Report on
Desalination (Port
Stanvac) be noted - Motion re.

15.

The Hon. R. D. Lawson, pursuant to notice, moved - That the Child Sex Offenders Registration (Registration of Internet Activities) Amendment Bill be now read a second time.

                 Debate ensued.

                 On motion of the Hon. B. V. Finnigan, the debate was adjourned until Wednesday, 18 February 2009.

 

Child Sex Offenders
Registration
(Registration of
Internet Activities)
Amendment Bill .

16.

Ordered - That Orders of the Day (Private Business) No. 2 to No. 18 be Orders of the Day for Wednesday, 18 February 2009.

 

Postponement
of Business.

17.

Ordered - That Order of the Day (Private Business) No. 19 be discharged.

 

Order of the Day
Discharged.

 

18.

Ordered - That Orders of the Day (Private Business) No. 4 to No. 34 be Orders of the Day for Wednesday, 18 February 2009.

 

Postponement
of Business.

19.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 3 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

20.

On the Order of the Day being read for the adjourned debate on the question - That the South Australian Country Arts Trust (Constitution of Trust) Amendment Bill be now read a second time:

                 Debate resumed.

                 Question put and passed.

                 Bill read a second time.

                 The President then left the Chair, and the Council resolved itself into a Committee of the Whole for the consideration of the Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 15 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 State/Local Government Relations, 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.

 

South Australian
Country Arts Trust
(Constitution
of Trust)
Amendment Bill.

21.

Ordered - That Orders of the Day (Government Business) No. 5 to No. 10 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

22.

On the Order of the Day being read for the adjourned debate on the question - That the Native Vegetation (Miscellaneous) 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.

 

Native Vegetation
(Miscellaneous)
Amendment Bill.

23.

On the Order of the Day being read for the adjourned debate on the question - That the Mount Gambier Hospital Hydrotherapy Pool Fund 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.

 

Mount Gambier
Hospital
Hydrotherapy
Pool Fund Bill.

 

24.

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

Message No. 27

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Development Act 1993, without any amendment.

House of Assembly, 3 February 2009.                                                                 J. J. SNELLING, Speaker.

       

Messages from
House of Assembly:
Development
(Planning and
Development
Review)
Amendment Bill.

 

 

Message No. 28

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to fix standard time for South Australia; to repeal the Standard Time Act 1898 and for other purposes, to which it desires the concurrence of the Legislative Council.

House of Assembly, 3 February 2009.                                                                 J. J. SNELLING, Speaker.

                 Bill read a first time.

                 The Minister for State/Local Government Relations then moved - That this Bill be now read a second time.

                 On motion of the Hon. S. G. Wade, the debate was adjourned until next day of sitting.

 

Standard Time Bill.

 

Message No. 29

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to allow for land subject to the Kapunda Hospital trust to be used for other purposes approved by the Minister if no longer required for the purposes of the Hospital, to which it desires the concurrence of the Legislative Council.

House of Assembly, 4 February 2009.                                                                 J. J. SNELLING, Speaker.

                 Bill read a first time.

                 The Minister for State/Local Government Relations then moved - That this Bill be now read a second time.

                 On motion of the Hon. S. G. Wade, the debate was adjourned until next day of sitting.

 

Kapunda Hospital
(Variation of Trust)
Bill.

 

Message No. 30

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Criminal Law (Sentencing) Act 1988; the Criminal Law Consolidation Act 1935; the Defamation Act 2005; the Freedom of Information Act 1991; and the Victims of Crime Act 2001, to which it desires the concurrence of the Legislative Council.

House of Assembly, 4 February 2009.                                                                 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.

 

Statutes Amendment
(Victims of Crime)
Bill.

 

 

Message No. 31

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Administration and Probate Act 1919, to which it desires the concurrence of the Legislative Council.

House of Assembly, 4 February 2009.                                                                 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.

 

Administration
and Probate
(Distribution on
Intestacy)
Amendment Bill.

 

25.

Council adjourned at twenty four minutes past five o’clock until tomorrow at fifteen minutes past two o’clock.

 

Adjournment.

 

_________________________

 

 

 

 

 

Members present during any part of the sitting:

 

 

 

The Hon. A. M. Bressington

The Hon. R. L. Brokenshire

The Hon. J. A. Darley

The Hon. J.S.L. Dawkins

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. R. D. Lawson

The Hon. J.M.A. Lensink

 

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