SOUTH AUSTRALIA]

No. 4

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  24  SEPTEMBER  2008

 

 

 

   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 Second Report, 2008, of the Legislative Review Committee.

       

Legislative Review
Committee -
Second Report, 2008.

 

   3.

The Hon. J. M. Gazzola brought up the Third Report, 2008, 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 -

          Lakes and Coorong Fishery - Pipi Quotas.

          Marine and Scalefish Fisheries - Pipi Quotas.

 

Legislative Review
Committee -
Third Report, 2008.

 

   4.

The Hon. R. P. Wortley brought up the Report of the Environment, Resources and Development Committee on Natural Burial Grounds.

 

Environment,
Resources  and
Development
Committee - Report
on Natural Burial
Grounds.

 

   5.

The Minister for Mineral Resources Development (The Hon. P. Holloway) by leave, tabled a copy of a Ministerial Statement made by the Treasurer (The Hon. K. O. Foley, M.P.) concerning HomeStart Loans.

 

Ministerial
Statement Tabled.

    6.

 

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

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

               Authorised Betting Operations Act 2000 - Section 51(1) - Code Alteration ([Name of Licensed Racing Club]) (Responsible Gambling) (No. 1) 2008.

               Authorised Betting Operations Act 2000 - Section 51(1) - Code Alteration (<<Premise Name>>) (Advertising) (No. 1) 2008.

               Authorised Betting Operations Act 2000 - Section 51(1) - Code Alteration (SA TAB) (Advertising) (No. 1) 2008.

               Authorised Betting Operations Act 2000 - Section 51(1) - Code Alteration (SA TAB) (Responsible Gambling) (No. 1) 2008.

               Casino Act 1997 - Section 41C(3) - Code Alteration (Adelaide Casino) (Advertising) (No. 1) 2008.

               Casino Act 1997 - Section 41C(3) - Code Alteration (Adelaide Casino) (Responsible Gambling) (No. 1) 2008.

               Gaming Machines Act 1992 - [Name of Venue] Advertising Code of Practice - as in force on 1 December 2008.

               Gaming Machines Act 1992 - [Name of Venue] Responsible Gambling Code of Practice - as in force on 1 December 2008.

               Gaming Machines Act 1992 - Section 74A(3) - Code Alteration ([Name of Venue]) (Advertising) (No. 1) 2008 - Existing Licensees.

               Gaming Machines Act 1992 - Section 74A(3) - Code Alteration ([Name of Venue]) (Advertising) (No. 1) 2008 - New Licensees.

               Gaming Machines Act 1992 - Section 74A(3) - Code Alteration ([Name of Venue]) (Responsible Gambling) (No. 1) 2008 - Existing Licensees.

               Gaming Machines Act 1992 - Section 74A(3) - Code Alteration ([Name of Venue]) (Responsible Gambling) (No. 1) 2008 - New Licensees.

        By the Minister for Government Enterprises (The Hon. G. E. Gago) -

               State Lotteries Act 1966 - Section 13D(3) - Code Alteration (State Lotteries) (Advertising) (No. 1) 2008.

               State Lotteries Act 1966 - Section 13D(3) - Code Alteration (State Lotteries) (Responsible Gambling) (No. 1) 2008.

 

Papers.

   7.

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

 

Statements on
Matters of Interest.

   8.

The Hon. D. W. Ridgway, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Local Government Act 1999.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. D. W. Ridgway then moved - That this Bill be now read a second time.

                 On motion of the Hon. I. K. Hunter, the debate was adjourned until Wednesday, 15 October 2008.

 

Local Government
(Miscellaneous)
Amendment Bill.

    9.

The Hon. J. A. Darley, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to provide for entitlements to progress payments for persons who carry out construction work or who supply related goods and services under construction contracts; and to make a related amendment to the Commercial Arbitration and Industrial Referral Agreements Act 1986.

                 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. I. K. Hunter, the debate was adjourned until Wednesday, 15 October 2008.

 

Building and
Construction
Industry Security of
Payment Bill.

  10.

The Hon. J. A. Darley, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Casino Act 1997 and the Gaming Machines Act 1992.

                 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. I. K. Hunter, the debate was adjourned until Wednesday, 15 October 2008.

 

Statutes Amendment
(Play Tracking
Technology) Bill.

11.

Ordered - That Notice of Motion (Private Business) No. 4 be postponed and taken into consideration after Notice of Motion (Private Business) No. 7.

 

Postponement
of Business.

  12.

The Hon. S. G. Wade, pursuant to notice, moved - That this Council notes the failure of the Government’s reorganisation of disability services and policy to improve services for South Australians with a disability.

                 On motion of the Hon. R. P. Wortley, the debate was adjourned until Wednesday, 15 October 2008.

 

Reorganisation of
Disability Services -
Motion re.

  13.

The Hon. R. P. Wortley, pursuant to notice, moved - That the Report of the Natural Resources Committee on Deep Creek Revisited: A Search for Straight Answers, be noted.

                 On motion of the Hon. S. M. Kanck, the debate was adjourned until Wednesday, 15 October 2008.

 

Natural Resources
Committee - Report
on Deep Creek
Revisited: A Search
for Straight
Answers, be noted - Motion re.

  14.

The Hon. S. M. Kanck, pursuant to notice, moved - That she have leave to introduce a Bill for an Act to establish the Independent Commission Against Crime and Corruption; to define its functions and powers; and for other purposes.

                 Question put and passed.

                 Bill introduced and read a first time.

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

                 On motion of the Hon. J.S.L. Dawkins, the debate was adjourned until Wednesday, 15 October 2008.

 

Independent
Commission
Against Crime and
Corruption Bill.

  15.

The Hon. J.S.L. Dawkins, pursuant to notice, moved - That the Interim 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, 15 October 2008.

 

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

  16.

The Hon. R. L. Brokenshire, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Local Government Act 1999.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. R. L. Brokenshire 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, 15 October 2008.

 

Local Government
(Stormwater
Harvesting)
Amendment Bill.

  17.

The Hon. R. L. Brokenshire, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Development Act 1993.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. R. L. Brokenshire 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, 15 October 2008.

 

Development
(Water Harvesting)
Amendment Bill.

  18.

The Hon. R. L. Brokenshire, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Natural Resources Management Act 2004.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. R. L. Brokenshire then moved - That this Bill be now read a second time.

                 On motion of the Hon. I. K. Hunter, the debate was adjourned until Wednesday, 15 October 2008.

 

Natural Resources
Management
(Water Harvesting)
Amendment Bill.

  19.

The Hon. J. A. Darley, pursuant to notice, moved - That the Statutory Authorities Review Committee inquire into and report on the effectiveness of the Teachers Registration Board in the exercise of its functions and powers with respect to -

               I.      The Welfare and best interests of children as its primary consideration in the performance of its functions;

             II.      The manner and process by which it ensures that a teacher registration system and professional standards are maintained to safeguard the public interest in there being a teaching profession whose members are competent educators and fit and proper persons to have the care of children;

            III.      The composition of the Board;

            IV.      The manner and process by which evidence is gathered and presented to the Board, including the representation of parties to proceedings;

             V.      The relationship between the Department of Education and Children’s Services and the Board; and

            VI.      Any other relevant matters.

                 On motion of the Hon. I. K. Hunter, the debate was adjourned until Wednesday, 15 October 2008.

 

Teachers
Registration Board -
Statutory
Authorities Review
Committee to
report on -
Motion re.

  20.

The Hon. M. C. Parnell, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the National Parks and Wildlife Act 1972.

                 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.

                 And the Hon. M. C. Parnell having obtained leave to conclude his remarks, the debate was adjourned and ordered to be resumed on motion.

 

National Parks and
Wildlife (Arkaroola-
Mt. Painter
Sanctuary Mining
Prohibition)
Amendment Bill.

21.

At one minute past 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.

 

22.

Ordered - That the adjourned debate on the question - That the National Parks and Wildlife (Arkaroola-Mt. Painter Sanctuary Mining Prohibition) Amendment Bill be now read a second time - be now resumed.

                 On motion of the Hon. I. K. Hunter, the debate was adjourned until Wednesday, 15 October 2008.

 

National Parks and
Wildlife (Arkaroola-
Mt. Painter
Sanctuary Mining
Prohibition)
Amendment Bill.

 

  23.

The Hon. M. C. Parnell, pursuant to notice, moved - That the Regulations under the Development Act 1993 concerning Schedule 10 (Variation), made on 17 July 2008 and laid on the Table of this Council on 21 July 2008, be disallowed.

                 On motion of the Hon. I. K. Hunter, the debate was adjourned until Wednesday, 15 October 2008.

 

Development Act -
Regulations -
Schedule 10
(Variation) -
Motion for
Disallowance of.

  24.

The Hon. S. M. Kanck, pursuant to notice, moved - That she have leave to introduce a Bill for an Act to amend the Controlled Substances Act 1984.

                 Question put and passed.

                 Bill introduced and read a first time.

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

                 On motion of the Hon. I. K. Hunter, the debate was adjourned until Wednesday, 15 October 2008.

 

Controlled
Substances
(Palliative Use
 of Cannabis)
Amendment Bill.

 

  25.

The Hon. S. M. Kanck, pursuant to notice, moved -

               I.      That this Council notes -

(a)     That 21 September was International Day of Peace and on 27 September it will be 52 years since the first explosion of atomic weapons in our atmosphere at Maralinga;

(b)    The proposal by the Prime Minister, Kevin Rudd, for an international commission to revive the Nuclear Non-Proliferation Treaty; and

(c)     The existence of the Luarca Declaration which claims a human right to peace; and

             II.      This Council commends the United Nations Youth Association of South Australia for their campaign on nuclear weapons non-proliferation and disarmament.

                 On motion of the Hon. B. V. Finnigan, the debate was adjourned until Wednesday, 15 October 2008.

 

Nuclear
Non-Proliferation -
Motion re.

  26.

The Hon. D.G.E. Hood, pursuant to notice, moved - That the Bail (Discretion) Amendment Bill be restored to the Notice Paper as a lapsed Bill, pursuant to section 57 of the Constitution Act 1934.

                 Question put and passed.

                 Ordered - That consideration of the Bill be an Order of the Day for next day of sitting.

 

Bail (Discretion)
Amendment Bill.

  27.

The Hon. D.G.E. Hood, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Summary Offences Act 1953.

                 Question put and passed.

                 The Hon. D.G.E. Hood then moved - That this Bill be now read a second time.

                 On motion of the Hon. B. V. Finnigan, the debate was adjourned until Wednesday, 15 October 2008.

 

Summary Offences
(Piercing and
Scarification)
Amendment Bill.

28.

Ordered - That Notice of Motion (Private Business) No. 18 be an Order of the Day for Wednesday, 15 October 2008.

 

Postponement
of Business.

  29.

The Hon. J. A. Darley, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Criminal Law (Sentencing) Act 1988.

                 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. B. V. Finnigan, the debate was adjourned until Wednesday, 15 October 2008.

 

Criminal Law
(Sentencing)
(Victims of Crime)
Amendment Bill.

30.

On the Order of the Day being read for the adjourned debate on the question - That the Address in Reply, as read, be adopted:

                 Debate resumed.

                 On motion of the Minister for Mineral Resources Development, the debate was adjourned until next day of sitting.

 

Address in Reply.

31.

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

 

Postponement
of Business.

32.

Council adjourned at three minutes to twelve 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.S.L. Dawkins

The Hon. J. A. Darley

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. C. Zollo