SOUTH AUSTRALIA]
No.17
MINUTES OF THE PROCEEDINGS
OF THE
LEGISLATIVE COUNCIL
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THURSDAY 27 NOVEMBER 2008
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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 Minister for Mineral Resources Development (The Hon. P. Holloway), without notice, moved - That the Standing Orders be so far suspended as to enable Petitions, the Tabling of Papers and Question Time to be taken into consideration at fifteen minutes past two o’clock. Question put and passed, without a dissentient voice, there being present an absolute majority of the whole number of Members of the Council.
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Suspension
of |
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3. |
The Minister for Mineral Resources Development, without notice, moved - That the Standing Orders be so far suspended as to enable the Report of the Auditor-General for the year ended 30 June 2008 to be referred to a Committee of the Whole and for Ministers to be examined on matters contained in the Report. Question put and passed, without a dissentient voice, there being present an absolute majority of the whole number of Members of the Council. The President then left the Chair, and the Council resolved itself into a Committee of the Whole for the consideration of the Report.
In the Committee
Report considered. _____________________
The President resumed the Chair, and reported that the Committee had considered the Report of the Auditor-General; whereupon the Council adopted such report.
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Suspension
of |
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4. |
The Minister for State/Local Government Relations (The Hon. G. E. Gago), pursuant to notice, moved - That she have leave to introduce a Bill for an Act to amend the Fair Trading Act 1987. Question put and passed. Bill introduced and 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. J.M.A. Lensink, the debate was adjourned until next day of sitting.
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Fair
Trading |
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5. |
Ordered - That Orders of the Day (Government Business) be postponed and taken into consideration after Orders of the Day (Private Business).
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Postponement
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6. |
On the Order of the Day being read for the adjourned debate on the question - I. That a Select Committee of the Legislative Council be appointed to enquire into and report upon the conduct of PIRSA in relation to issues that are affecting the livelihoods of those involved in the fishing industry and, in particular - (a) i. the licence fee structure; ii. cost recovery process; and iii. access to right of appeal process. (b) The scientific data provided to PIRSA to determine allocations to ensure resource sustainability for the 2008-2009 Pipi Quota for the lower lakes and Coorong cockle harvesters; (c) The validity and accuracy of catch and effort data and the impact that has on scientific stock assessment to guarantee resource allocation; and (d) The rationale of determining allocation for season quota 2008-2009 and the impact that has had on individual licence holders and multiple licence holders. II. That Standing Order No. 389 be so far suspended as to enable the Chairperson of the Committee to have a deliberative vote only. III. That this Council permits the Select Committee to authorise the disclosure or publication, as it sees fit, of any evidence or documents presented to the Committee prior to such evidence being reported to the Council. IV. That Standing Order No. 396 be suspended to enable strangers to be admitted when the Select Committee is examining witnesses unless the Committee otherwise resolves, but they shall be excluded when the Committee is deliberating. To which the Hon. J. A. Darley moved to amend the motion by leaving out all the words after - “I. That” and inserting the following - “the Legislative Review Committee enquire into and report upon the conduct of PIRSA in relation to issues that are affecting the livelihoods of those involved in the fishing of mud cockles in the Marine Scalefish Fishery and the Lakes and Coorong Pipi Fishery and, in particular - (a) i. the licence fee structure; ii. cost recovery process for fishers; and iii. access to right of appeal process. (b) The scientific data provided to PIRSA to determine allocations to ensure resource sustainability for the 2008-2009 quotas for mud cockles in the Marine Scalefish Fishery and the Lakes and Coorong Pipi Fishery; (c) The validity and accuracy of catch and effort data and the impact that has on scientific stock assessment to guarantee resource allocation; (d) The rationale of determining allocation for season quota 2008-2009 and the impact that has had on individual licence holders and multiple licence holders; and (e) Any other relevant matter.” Debate resumed. The Hon. C. V. Schaefer moved to amend the motion in Paragraph I by leaving out all words after “That a Select Committee of the Legislative Council be appointed to inquire into and report upon the conduct of PIRSA” and inserting the following: “in relation to issues that are affecting the livelihoods of those involved in the fishing of mud cockles in the Marine Scalefish Fishery and the Lakes and Coorong Pipi Fishery and, in particular - (a) i. the licence fee structure; ii. cost recovery process for fishers; and iii. access to right of appeal process. (b) The scientific data provided to PIRSA to determine allocations to ensure resource sustainability for the 2008-2009 quotas for mud cockles in the Marine Scalefish Fishery and the Lakes and Coorong Pipi Fishery; (c) The validity and accuracy of catch and effort data and the impact that has on scientific stock assessment to guarantee resource allocation; (d) The rationale of determining allocation for season quota 2008-2009 and the impact that has had on individual licence holders and multiple licence holders; and (e) Any other relevant matter.” Question - That the words proposed to be struck out by the Hon. J. A. Darley in Paragraph I, stand as printed - put. |
PIRSA -
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Council divided: Ayes, 9 The Hon. R. L. Brokenshire The Hon. J.S.L. Dawkins The Hon. D.G.E. Hood The Hon. R. D. Lawson The Hon. J.M.A. Lensink The Hon. R. I. Lucas The Hon. C. V. Schaefer The Hon. S. G. Wade The Hon. A. M. Bressington (Teller) So it was resolved in the affirmative. |
Noes, 8 The Hon. J. M. Gazzola The Hon. P. Holloway The Hon. I. K. Hunter The Hon. S. M. Kanck The Hon. M. C. Parnell The Hon. R. P. Wortley The Hon. C. Zollo The Hon. J. A. Darley (Teller) |
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Question - That the words proposed to be left out by the Hon. C. V. Schaefer, stand as printed - put and negatived. Question - That the words proposed to be inserted by the Hon. C. V. Schaefer, be so inserted - put and passed. Question - That the motion moved by the Hon. A. M. Bressington and as amended by the Hon. C. V. Schaefer, be agreed to - put and passed. |
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The Hon. A. M. Bressington then moved - That the Select Committee consist of the Hon. J.S.L Dawkins, the Hon. I. K. Hunter, the Hon. C. V. Schaefer, the Hon. R. P. Wortley and the mover. Question put and passed. The Hon. A. M. Bressington moved - That the Select Committee have power to send for persons, papers and records, to adjourn from place to place and report on Wednesday, 17 June 2009. Question put and passed.
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Select Committee |
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7. |
At one minute past one o’clock the sitting was suspended until the ringing of the bells. At fifteen minutes past two o’clock the sitting was resumed.
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Suspension
and
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8. |
The Clerk announced that the following Petitions had been lodged for presentation: By the Hon. S. M. Kanck from 106 residents of South Australia, concerning voluntary euthanasia. The Petitioners pray that this Honourable House will support a referendum on voluntary euthanasia at the next general election. |
Petitions:
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By the Hon. S. M. Kanck from 40 residents of South Australia, concerning extraction of water from the River Murray. The Petitioners pray that this Honourable House will do all in its power to promote the buy-back of water allocations by State and Federal Governments in order to improve environmental flows and support sustainable agriculture. |
No. 6
- Extraction |
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By The Hon. R. L. Brokenshire from 162 residents of South Australia, concerning recreational water craft fees. The Petitioners pray that this Honourable House call upon the Treasurer to immediately withdraw the aforesaid new registration fee rates and consult properly with stakeholders for fairer and equitable fees for recreational water craft users. |
No. 7
- Recreational |
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By The Hon. R. L. Brokenshire from 407 residents of South Australia, concerning stormwater. The Petitioners pray that this Honourable House will call upon the State Government, as a matter of urgent priority, to invest in stormwater harvesting for metropolitan Adelaide. |
No. 8
- Stormwater
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By the Hon. M. C. Parnell from 1,515 residents of South Australia, concerning voluntary euthanasia. The Petitioners pray that this Honourable House will enact voluntary euthanasia legislation.
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No. 9
- Voluntary
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9. |
Answers to Questions on Notice No. 182 of last Session and No. 161 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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10. |
The Hon. J. M. Gazzola brought up the First Report of the Printing Committee, 2008-2009, and moved that it be adopted. The following Papers were ordered to be printed: Adelaide Festival Centre - Report, 2007-2008. (Paper No. 84) Ageing, Office of - Report, 2007-2008. (Paper No. 144) Botanic Gardens and State Herbarium - Report, 2007-2008. (Paper No. 13) Chiropractic and Osteopathy Board of South Australia - Report, 2007-2008. (Paper No. 145) Coast Protection Board - Report, 2007-2008. (Paper No. 51) Construction Industry Long Services Leave - Report, 2007-2008. (Paper No. 129) Construction Industry Training Board - Report, 2007-2008. (Paper No. 128) Dairy Authority of South Australia - Report, 2007-2008. (Paper No. 52) Dental Board of South Australia - Report, 2007-2008. (Paper No. 79) Director of Public Prosecutions - Report, 2007-2008. (Paper No. 167) Education Adelaide - Report, 2007-2008. (Paper No. 45) Electricity Supply Industry Planning Council - Report, 2007-2008. (Paper No. 56) Energy Consumers’ Council - Report, 2007-2008. (Paper No. 62) Environment and Heritage, Department of - Report, 2007-2008. (Paper No. 92) Essential Services Commission of South Australia - Report, 2007-2008. (Paper No. 63) Equal Opportunity, Office of the Commissioner - Report, 2007-2008. (Paper No. 109) Forestry SA - Report, 2007-2008. (Paper No. 135) Funds SA - Report, 2007-2008. (Paper No. 30) Health, Department of - Report, 2007-2008. (Paper No. 23) History Trust of South Australia - Report, 2007-2008. (Paper No. 118) Independent Gambling Authority - Report, 2007-2008. (Paper No. 68) Industrial Relations Court and Industrial Relations Commission - Report, 2007-2008. (Paper No. 86) Industrial Relations Court and Industrial Relations Commission - Second Report, 2007-2008. (Paper No. 86A) Land Management Corporation - Report, 2007-2008. (Paper No. 20) Legal Services Commission of South Australia - Report, 2007-2008. (Paper No. 136) Library Board of South Australia - Report, 2007-2008. (Paper No. 54) Medical Board of South Australia - Report, 2007-2008. (Paper No. 57) Motor Accident Commission - Report, 2007-2008. (Paper No. 61) Native Vegetation Council - Report, 2007-2008. (Paper No. 143) Nurses Board of South Australia - Report, 2007-2008. (Paper No. 82) Physiotherapy Board of South Australia - Report, 2007-2008. ( (Paper No. 102) Police Complaints Authority - Report pursuant to Section 57 of the Criminal Law (Forensic Procedures) Act, 2007. (Paper No. 94) Police Superannuation Board - Report, 2007-2008. (Paper No. 55) Premier and Cabinet, The Department of - Report, 2007-2008. (Paper No. 91) Primary Industries and Resources South Australia, Department of - Report, 2007-2008. (Paper No. 149) Public Advocate, Office of - Report, 2007-2008. (Paper No. 110) Public Trustee - Report, 2007-2008. (Paper No. 111) RESI Corporation - Report, 2007-2008. (Paper No. 64) SA Lotteries - Report, 2007-2008. (Paper No. 32) South Australian Abortion Report Committee - Report, 2007-2008. (Paper No. 90) South Australian Classification Council - Report, 2007-2008. (Paper No. 16) South Australian Housing Trust - Report, 2007-2008. (Paper No. 42) South Australian Multicultural and Ethnic Affairs Commission - Report, 2007-2008. (Paper No. 29) South Australia Psychological Board - Report, 2007-2008. (Paper No. 102) South Eastern Water Conservation and Drainage Board - Report, 2007-2008. (Paper No. 6) State Electoral Office - Report, 2007-2008. (Paper No. 148) State Emergency Management Committee - Report, 2007-2008. (Paper No. 150) State Procurement Board - Report, 2007-2008. (Paper No. 99) State Theatre Company of South Australia - Report, 2007-2008. (Paper No. 96) Superannuation Board, South Australian - Report, 2007-2008. (Paper No. 67) Technical Regulator - Electricity - Report, 2007-2008. (Paper No. 77) Technical Regulator - Gas - Report, 2007-2008. (Paper No. 78) Tourism Commission , South Australian - Report, 2007-2008. (Paper No. 155) Trade and Economic Development, Department of - Report, 2007-2008. (Paper No. 169) Treasury and Finance, Department of - Report, 2007-2008. (Paper No. 146) WorkCover SA - Report, 2007-2008. (Paper No. 165)
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Printing
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11. |
The following Papers were laid upon the Table, viz.: By the President - Reports, 2007-2008 - City of Victor Harbor. District Council of Wudinna. By the Minister for Mineral Resources Development - Reports, 2007-2008 - Adelaide Festival Corporation. Art Gallery of South Australia. Attorney-General’s Department and Department of Justice. Courts Administration Authority. JamFactory Contemporary Craft and Design Inc. Legal Practitioners Conduct Board. South Australian Museum Board. State Coroner. The Disability Information and Resource Centre. OneSteel Manufacturing Pty. Limited Licence - Environmental Authorisation pursuant to, and for the purposes of, the Whyalla Steel Works Act 1958 (SA). By the Minister for Urban Planning (The Hon. P. Holloway) - Reports, 2007-2008 - The Administration of the Development Act 1993. The Planning Strategy for South Australia. By the Minister for Correctional Services (The Hon. C. Zollo) - Reports, 2007-2008 - Department for Correctional Services. Mining and Quarrying Occupational Health and Safety Committee. SafeWork SA Advisory Committee. South Australia Police. The South Australian Fire and Emergency Services Commission. Regional Communities Consultative Council - Report, 2005-2007. Rules of Court - Industrial Relations Court - Fair Work Act 1994 - Industrial Proceedings Rules. Workers Compensation Tribunal - Workers Rehabilitation and Compensation Act 1986 - Rules 9 and 10. Rule 23. By the Minister for State/Local Government Relations - Reports, 2007-2008 - Coober Pedy Hospital and Health Services Inc. Eastern Eyre Health and Aged Care Inc. Environment Protection Authority. Environment Protection Authority - Administration of the Radiation Protection and Control Act 1982. Hawker Memorial Hospital Inc. Mid-West Health Inc. Privacy Committee of South Australia. Quorn Health Services. South Australian Heritage Council. The Whyalla Hospital and Health Services. TransAdelaide. Deaths of Petrus Jacobus Jong, Helena Alida Maria Jong and Miranda Gertrude Maria Jong on 3 July 2004 - Report of action taken in response to Coronial recommendations. By the Minister for Consumer Affairs (The Hon. G. E. Gago) - Commissioner for Consumer Affairs - Report, 2007-2008.
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Papers. |
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12. |
The Minister for Mineral Resources Development, without notice, moved - That the Standing Orders be so far suspended as to enable Question Time to be extended to enable the Hon. J. M. Gazzola to ask a question of the Minister for State/Local Government Relations and for the Minister to complete her reply. Question put and passed, without a dissentient voice, there being present an absolute majority of the whole number of Members of the Council.
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Suspension
of |
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13. |
The following Messages from the House of Assembly were received and read: Message No. 23 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Native Vegetation Act 1991 and to make a related amendment to the Heritage Places Act 1993, to which it desires the concurrence of the Legislative Council. House of Assembly, 26 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. D. W. Ridgway, the debate was adjourned until next day of sitting.
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Messages
from |
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Message No. 24 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the University of South Australia Act 1990, to which it desires the concurrence of the Legislative Council. House of Assembly, 26 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. D. W. Ridgway, the debate was adjourned until next day of sitting.
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University of South |
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Message No. 25 MR. PRESIDENT - The House of Assembly has disagreed to the amendments made by the Legislative Council in the Civil Liability (Food Donors and Distributors) Amendment Bill as indicated in the annexed Schedule. The House of Assembly returns the Bill herewith and desires its reconsideration. House of Assembly, 26 November 2008. J. J. SNELLING, Speaker.
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Civil
Liability |
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Schedule of the Amendments made by the Legislative Council to which the House of Assembly has disagreed Amendment No. 1– Clause 1, page 2, line 3— Delete "Food Donors and Distributors" and substitute: Charitable Donations Amendment No. 2– Clause 4, page 2, line 13 [inserted heading to Division 11A]— Delete the heading and substitute: Division 11A—Charitable donations Amendment No. 3– Clause 4, page 3, after line 10— After inserted section 74A insert: 74B—Provision of other goods and services for charitable or benevolent purpose (1) A person incurs no civil liability for loss of life or personal injury or damage to property arising from the provision of goods or services to another if, in providing the goods or services, the person acted— (a) without expectation of payment or other consideration; and (b) for a charitable or benevolent purpose; and (c) with the intention that the consumer of the goods or services would not have to pay for them. (2) The immunity extends to the agents and employees of the person providing the goods or services. (3) However, the immunity does not operate in the following cases: (a) in the case of goods—if the person knew or was recklessly indifferent to the fact that when the goods left the possession or control of the person they were in a state likely to cause harm to a consumer of the goods or to the property of a consumer of the goods; (b) in the case of services—if the person knew or was recklessly indifferent to the fact that the services were provided in a manner likely to cause harm to a consumer of the services or to the property of a consumer of the services; (c) in respect of a liability that falls within the ambit of a scheme of compulsory third‑party motor vehicle insurance; (d) if the ability of the person who personally provided the goods or services was, at the relevant time, significantly impaired by a drug (including alcohol) consumed voluntarily for non‑medicinal purposes. (4) The Minister must, as soon as practicable after the second anniversary of the commencement of this section— (a) cause a report to be prepared on the operation of this section; and (b) cause a copy of the report to be laid before each House of Parliament. (5) This section does not apply to the donation or distribution of food (see section 74A). (6) In this section— goods means substances or articles. M. LEHMAN, Clerk of the House of Assembly. Ordered - That consideration of the Message be taken into consideration on motion.
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14. |
Ordered - That Orders of the Day (Private Business) No. 2 and No. 3 be postponed and taken into consideration after Order of the Day (Government Business) No. 3.
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Postponement
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15. |
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. 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
Clause No. 1 read. To report progress and ask leave to sit again. _____________________
The President resumed the Chair and reported progress and obtained for the Committee leave to sit again on next day of sitting.
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Development
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16. |
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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17. |
The following Message from the House of Assembly was received and read: Message No. 26 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to allow for donations for a hydrotherapy pool at Mount Gambier Hospital to be returned to the donors or applied for another purpose, to which it desires the concurrence of the Legislative Council. House of Assembly, 27 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. T. J. Stephens, the debate was adjourned until next day of sitting.
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Message
from |
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18. |
On the Order of the Day being read for the adjourned debate on the question - That the Controlled Substances (Palliative Use of Cannabis) Amendment Bill be now read a second time: Debate resumed. Question put and negatived.
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Controlled
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19. |
The Minister for Mineral Resources Development, without notice, moved - That the Standing Orders be so far suspended as to enable the sitting of the Council to be extended beyond 6.30 p.m. in order to conclude Business of the Day. Question put and passed, without a dissentient voice, there being present an absolute majority of the whole number of Members of the Council.
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Suspension
of |
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20. |
On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (Location of Gaming Venues) 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 Wednesday of sitting.
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Statutes
Amendment |
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21. |
Council adjourned at twenty three minutes to seven o’clock until Tuesday, 2 December 2008, 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. 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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