SOUTH AUSTRALIA]
No. 15
MINUTES OF THE PROCEEDINGS
OF THE
LEGISLATIVE COUNCIL
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TUESDAY 25 NOVEMBER 2008
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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. 3. 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 Third Session of the 51st Parliament, viz.: No. 44 of 2008 - An Act to amend the Partnership Act 1891. No. 45 of 2008 - An Act to restrict the supply of single use plastic shopping bags. No. 46 of 2008 - An Act to amend the Gene Technology Act 2001. Government House, Adelaide, 25 November 2008. KEVIN SCARCE, Governor.
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Message
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Answers to Questions on Notice Nos. 131, 146, 191 and 284 of last Session and No. 163 of this Session, received this day, were tabled by the President who directed that they be distributed and printed in Hansard.
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Answers
to |
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4. |
The Hon. S. M. Kanck brought up the Report of the Select Committee on the Impact of Peak Oil on South Australia. Ordered - That the Report be printed. (Paper No. 201)
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Select
Committee
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5. |
The following Papers were laid upon the Table, viz.: By the President - Auditor-General - Supplementary Report, 2007-2008. Reports, 2007-2008 - Corporation - City of West Torrens. District Councils - Barunga West. Copper Coast. Mount Remarkable. Peterborough. Tatiara. Tumby Bay. By the Minister for Mineral Resources Development (The Hon. P. Holloway) - Reports, 2007-2008 - Claims Against the Legal Practitioners Guarantee Fund. Legal Practitioners Disciplinary Tribunal. Section 71 of the Evidence Act 1929 - Suppression Orders. South Australian Multicultural and Ethnic Affairs Commission. State of the Service. Premier’s Climate Change Council - Report from 1 February to 30 June 2008. Section 83B of the Summary Offences Act 1953 - Dangerous Area Declarations - for the period 1 July 2008 to 30 September 2008. Section 74B of the Summary Offences Act 1953 - Road Block Establishment Authorisations - for the period 1 July 2008 to 30 September 2008. By the Minister for Correctional Services (The Hon. C. Zollo) - Bio Innovation SA - Report, 2007-2008. Regulation under the following Act - Aquaculture Act 2001 - Environmental Monitoring and Reporting. By the Minister for State/Local Government Relations (The Hon. G. E. Gago) - Reports, 2007-2008 - Adelaide Dolphin Sanctuary Act 2005. Adelaide Festival Centre. Animal Welfare Advisory Committee. Children’s Services. Dental Board of South Australia. Freedom of Information Act 1991. Native Vegetation Council. Non-Government Schools Registration Board. Podiatry Board of South Australia. South Australian Dog Fence Board. South Australian Psychological Board. South Australian Youth Arts Board - Carclew Youth Arts. State Theatre Company of South Australia. Zero Waste SA. A Review of Innamincka Regional Reserve - Report, 1998-2008. A Review of Simpson Desert Regional Reserve - Report, 1998-2008. Future Use of the Royal Adelaide Hospital Site, pursuant to Section 23 of the Adelaide Park Lands Act 2005 - Report. Land Identified as the Site for the Marjorie Jackson-Nelson Hospital, pursuant to Section 23 of the Adelaide Park Lands Act 2005 - Report. Regulation under the following Act - Environment Protection Act 1993 - Site Contamination.
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Papers. |
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6. |
Ordered - That Orders of the Day (Government Business) No. 1 to No. 6 be postponed and taken into consideration after Order of the Day (Government Business) No. 7.
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Postponement
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7. |
On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (Betting Operations) 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. 22 agreed to. Clause No. 23 read. |
Statutes
Amendment |
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The Hon R. L. Brokenshire moved, on page 17, after line 21, to insert the following: “Division 5—Betting operations relating to other contingencies 62J—Integrity agreements Maximum penalty: $25 000 or imprisonment for 1 year. (2) Subsection (1) applies whether the SA non‑racing betting operations are conducted wholly within or outside the State or partly in the State and partly outside the State. (3) Without limiting the matters that may be included in an integrity agreement, the agreement must include— (a) provisions requiring the operator to provide to the Authority on request information about the operator's SA non‑racing betting operations (which may include information relating to trade secrets or business processes, financial information and information identifying or relating to persons making bets), verified, if the Authority so requires, by statutory declaration; and (b) provisions requiring the operator to implement specified measures to identify potential issues of probity in relation to the operator's SA non‑racing betting operations and report identified issues to the Authority; and (c) provisions requiring the operator to inform the Authority of any criminal or disciplinary proceedings commenced against the operator, or a close associate of the operator, in connection with any betting operations; and (d) provisions requiring the operator to facilitate investigations or inquiries into the conduct of the operator's SA non‑racing betting operations; and (e) provisions establishing a dispute resolution procedure; and (f) other provisions prescribed by regulation. (4) If a person seeks to negotiate an agreement with the Authority under this section, the Authority must negotiate with the person in good faith subject to and in accordance with legal requirements (including, without limitation, the requirements relating to authority to conduct betting operations in this State under the Lottery and Gaming Act 1936 and this Act and the requirements of section 92 of the Constitution of the Commonwealth). (5) An integrity agreement may be varied by a later agreement between the parties. (6) If the operator holds a licence under this Act, it is a condition of the licence that the operator must perform its obligations under an integrity agreement.”. Question - That the amendment be agreed to - put and negatived. Clause No. 23 agreed to. Clauses No. 24 to No. 35 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 Correctional 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. Question put and passed. Bill read a third time. Resolved - That this Bill do now pass.
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8. |
The Minister for Mineral Resources Development, by leave, tabled a copy of a Ministerial Statement made by the Minister for Water Security (The Hon. K. A. Maywald, M.P.) concerning the release of the CSIRO Report entitled “Water Availability in the Murray-Darling Basin”.
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Ministerial
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The Minister for State/Local Government Relations, by leave, tabled a copy of a Ministerial Statement made by the Minister for Health (The Hon. J. D. Hill, M.P.) concerning the Roder Report on Breast Cancer at the Women’s and Children’s Hospital.
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Ministerial
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The following Messages from the House of Assembly were received and read: Message No. 15 MR. PRESIDENT - The House of Assembly informs the Legislative Council that it has appointed Mrs. Redmond to the Statutory Officers Committee in place of the Hon. R. G. Kerin, resigned. House of Assembly, 13 November 2008. J. J. SNELLING, Speaker.
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Messages
from |
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Message No. 16 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the South Australian Country Arts Trust Act 1992, to which it desires the concurrence of the Legislative Council. House of Assembly, 13 November 2008. J. J. SNELLING, Speaker. Bill read a first time. The Minister for Mineral Resources Development 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.
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South
Australian |
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Message No. 17 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to provide for the protection of plants from pests, the regulation of the movement of plants into, within and out of the State, and the control, destruction and suppression of pests; to repeal the Fruit and Plant Protection Act 1992 and the Noxious Insects Act 1934; to make related amendments to other Acts; and for other purposes, to which it desires the concurrence of the Legislative Council. House of Assembly, 13 November 2008. J. J. SNELLING, Speaker. Bill read a first time. The Minister for Correctional Services 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.
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Plant Health Bill. |
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Message No. 18 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to authorise the use of undercover operations and assumed identities for the purposes of criminal investigation and the gathering of criminal intelligence within and outside the State; to establish a certification scheme for the protection of the identity of certain witnesses; to provide for cross border recognition of undercover operations, assumed identities and the certification scheme; to repeal the Criminal Law (Undercover Operations) Act 1995; and for other purposes, to which it desires the concurrence of the Legislative Council. House of Assembly, 13 November 2008. J. J. SNELLING, Speaker. Bill read a first time. The Minister for Mineral Resources Development 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.
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Criminal
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Message No. 19 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Sale of Goods Act 1895 and the Warehouse Liens Act 1990, to which it desires the concurrence of the Legislative Council. House of Assembly, 25 November 2008. J. J. SNELLING, Speaker. Bill read a first time. The Minister for Mineral Resources Development 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.
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Statutes
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Message No. 20 MR. PRESIDENT - The House of Assembly has agreed to the amendment made by the Legislative Council in the Nursing and Midwifery Practice Bill, without amendment. House of Assembly, 25 November 2008. J. J. SNELLING, Speaker.
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Nursing
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Ordered - That Orders of the Day (Government Business) No. 1 and No. 2 be postponed and taken into consideration after Order of the Day (Government Business) No. 3.
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Postponement
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On the Order of the Day being read for the adjourned debate on the question - That the Liquor Licensing (Power to Bar) 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 postponed and taken into consideration on motion.
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Liquor
Licensing |
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The Minister for State/Local Government Relations, by leave, tabled a copy of a Ministerial Statement made by the Minister for Health (The Hon. J. D. Hill, M.P.) concerning an Update on the IMVS Issue.
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Ministerial
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At five minutes to 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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The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Liquor Licensing (Power to Bar) Amendment Bill.
In the Committee
Clause No. 1 amended and agreed to. Clauses No. 2 to No. 4 agreed to. Clause No. 5 read. The Hon. M. C. Parnell moved on page 3, lines 17 to 21, to leave out subsection (5). Question - That the amendment be agreed to - put and negatived. Clause No. 5 agreed to. Clauses No. 6 and No. 7 agreed to. Clause No. 8 read. The Hon. S. M. Kanck moved on page 9, after line 20, to insert the following: “and (e) the person's gender and race.” Clause No. 8 postponed until after consideration of remaining clauses. Clauses No. 9 and No. 10 agreed to. The Hon. S. M. Kanck moved on page 10, after line 22, to insert new clause as follows: “11—Insertion of section 128A After section 128 insert: 128A—Report to Minister on barring orders (1) The Commissioner must, on or before 30 September in each year (other than the calendar year in which this section comes into operation), provide a report to the Minister specifying the following information in relation to the financial year ending on the preceding 30 June: (a) in relation to an order made under Subdivision 2 barring a person from licensed premises for an indefinite period or a period exceeding 6 months— (i) in the case of orders made under section 125(1)(aa) (a welfare order)— (A) the number of welfare orders made; and (B) the location of the licensed premises from which the persons were barred; (ii) in any other case— (A) the number of orders made; and (B) statistical information about the type of conduct giving rise to the orders; and |
Liquor
Licensing
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(C) the location of the licensed premises from which the persons were barred; (b) in relation to an order made under Subdivision 3— (i) in the case of orders made because of information classified by the Commissioner of Police as criminal intelligence— (A) the number of orders made; and (B) the location of the licensed premises from which the persons were barred; and (C) statistical information about— • the period for which the orders have effect; and • the age, gender, race and residential postcode of the persons barred; (ii) in the case of orders made under section 125B(1)(e) (a welfare order)— (A) the number of welfare orders made; and (B) the location of the licensed premises from which the persons were barred; and (C) statistical information about— • the period for which the orders have effect; and • the age, gender, race and residential postcode of the persons barred; (iii) in any other case— (A) the number of orders made; and (B) statistical information about the type of conduct giving rise to the orders; and (C) the location of the licensed premises from which the persons were barred; and (D) statistical information about— • the period for which the orders have effect; and • the age, gender, race and residential postcode of the persons barred; (c) the number of reviews of orders conducted under section 128 and the outcome of any such review. (2) The Minister must, within 12 sitting days after receipt of a report under this section, cause copies of the report to be laid before each House of Parliament.”. The Minister for State/Local Government Relations moved to amend proposed new Clause No. 11 by leaving out paragraph (1)(b) and inserting the following: “(b) in relation to an order made under Subdivision 3 because of information classified by the Commissioner of Police as criminal intelligence— (i) the number of orders made; and (ii) the location of the licensed premises from which the persons were barred; and (iii) statistical information about— (A) the period for which the orders have effect; and (B) the age, gender, race and residential postcode of the persons barred;”. Question - That the amendment moved by the Minister for State/Local Government Relations to new Clause No. 11, as proposed to be inserted by the Hon. S. M. Kanck, be agreed to - put and passed. Question - That new Clause No. 11 as proposed to be inserted by the Hon. S. M. Kanck, and as amended by the Minister for State/Local Government Relations, be so inserted - put and passed. New Clause No. 11 inserted. |
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Postponed Clause No. 8, to which the Hon. S. M. Kanck had moved on page 9, after line 20, to insert the following: “and (e) the person's gender and race.” - further considered. Question - That the amendment be agreed to - put and negatived. Clause No. 8, as otherwise amended, agreed to. New Clause No. 12 inserted. New Clause No. 13 inserted. New Clause No. 14 inserted. New Clause No. 15 inserted. New Clause No. 16 inserted. |
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Title amended and agreed to. _____________________
The President resumed the Chair, and reported that the Committee had considered the Bill and had agreed to the same with amendments and an amended title; 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.
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Statutes
Amendment |
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Ordered - That Order of the Day (Government Business) No. 1 be postponed and taken into consideration on motion.
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Postponement
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Ordered - That Orders of the Day (Government Business) No. 2 and No. 4 be Orders of the Day for next day of sitting.
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Postponement
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On the Order of the Day being read for the adjourned debate on the question - That the Development (Planning and Development Review) Amendment Bill be now read a second time: Debate resumed. And the Hon. D. W. Ridgway having obtained leave to conclude his remarks, the debate was adjourned until the next day of sitting.
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Development
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Ordered - That all 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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20. |
Ordered - That the Council, at its rising, do adjourn until tomorrow at eleven o’clock a.m.
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Next Day of Sitting.
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Council adjourned at nineteen minutes past ten o’clock until tomorrow at eleven o’clock a.m.
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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. 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
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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
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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. S. G. Wade The Hon. R. P. Wortley The Hon. C. Zollo
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