<!--The Official Report of Parliamentary Debates (Hansard) of the Legislative Council and the House of Assembly of the Parliament of South Australia are covered by parliamentary privilege. Republication by others is not afforded the same protection and may result in exposure to legal liability if the material is defamatory. You may copy and make use of excerpts of proceedings where (1) you attribute the Parliament as the source, (2) you assume the risk of liability if the manner of your use is defamatory, (3) you do not use the material for the purpose of advertising, satire or ridicule, or to misrepresent members of Parliament, and (4) your use of the extracts is fair, accurate and not misleading. Copyright in the Official Report of Parliamentary Debates is held by the Attorney-General of South Australia.-->
<hansard id="" tocId="" xml:lang="EN-AU" schemaVersion="1.0" xmlns:xlink="http://www.w3.org/1999/xlink" xmlns:xml="http://www.w3.org/XML/1998/namespace" xmlns:xsi="http://www.w3.org/2007/XMLSchema-instance" xmlns:mml="http://www.w3.org/1998/Math/MathML" xsi:noNamespaceSchemaLocation="hansard_1_0.xsd">
  <name>House of Assembly</name>
  <date date="2019-07-03" />
  <sessionName>Fifty-Fourth Parliament, First Session (54-1)</sessionName>
  <parliamentNum>54</parliamentNum>
  <sessionNum>1</sessionNum>
  <parliamentName>Parliament of South Australia</parliamentName>
  <house>House of Assembly</house>
  <venue></venue>
  <reviewStage>published</reviewStage>
  <startPage num="6561" />
  <endPage num="6695" />
  <dateModified time="2022-08-06T14:30:00+00:00" />
  <proceeding continued="true">
    <name>Bills</name>
    <subject>
      <name>Statutes Amendment (Child Exploitation and Encrypted Material) Bill</name>
      <bills>
        <bill id="r4425">
          <name>Statutes Amendment (Child Exploitation and Encrypted Material) Bill</name>
        </bill>
      </bills>
      <text id="20190703b4c1fbd6b0c34290a0001776">
        <heading>Statutes Amendment (Child Exploitation and Encrypted Material) Bill</heading>
      </text>
      <subproceeding>
        <name>Final Stages</name>
        <text id="20190703b4c1fbd6b0c34290a0001777">
          <heading>Final Stages</heading>
        </text>
        <text id="20190703b4c1fbd6b0c34290a0001778">The Legislative Council insisted on its amendments Nos 1, 8 to 11, 13, 20 to 22, 25 and 26 to which the House of Assembly had disagreed and insisted on its amendment No. 3 to which the House of Assembly had disagreed and to which the House of Assembly had made an alternative amendment in lieu thereof and a consequential amendment.</text>
        <text id="20190703b4c1fbd6b0c34290a0001779">Consideration in committee.</text>
        <talker role="member" id="1804">
          <name>The Hon. V.A. CHAPMAN</name>
          <house>House of Assembly</house>
          <text id="20190703b4c1fbd6b0c34290a0001780">
            <by role="member" id="1804">The Hon. V.A. CHAPMAN:</by>  I move:</text>
          <text id="20190703b4c1fbd6b0c34290a0001781">
            <inserted>That the disagreement to amendments Nos 1, 3, 8 to 11, 13, 20 to 22, 25 and 26 be not insisted on.</inserted>
          </text>
        </talker>
        <talker role="member" id="4842">
          <name>The Hon. S.C. MULLIGHAN</name>
          <house>House of Assembly</house>
          <text id="20190703b4c1fbd6b0c34290a0001782">
            <by role="member" id="4842">The Hon. S.C. MULLIGHAN:</by>  I would like to ask if members may be furnished with copies of these amendments.</text>
        </talker>
        <talker role="member" id="4343">
          <name>The Hon. J.A.W. GARDNER</name>
          <house>House of Assembly</house>
          <text id="20190703b4c1fbd6b0c34290a0001783">
            <by role="member" id="4343">The Hon. J.A.W. GARDNER:</by>  We are just accepting the Legislative Council's amendments.</text>
        </talker>
        <talker role="member" id="1804">
          <name>The Hon. V.A. CHAPMAN</name>
          <house>House of Assembly</house>
          <text id="20190703b4c1fbd6b0c34290a0001784">
            <by role="member" id="1804">The Hon. V.A. CHAPMAN:</by>  The bill has come back with the amendments in it.</text>
        </talker>
        <talker role="member" id="4842">
          <name>The Hon. S.C. MULLIGHAN</name>
          <house>House of Assembly</house>
          <text id="20190703b4c1fbd6b0c34290a0001785">
            <by role="member" id="4842">The Hon. S.C. MULLIGHAN:</by>  Right. Do we have a copy of it? We sent a bill back in another form. We are being presented with something else, which we are being asked to consider. So may we have it?</text>
        </talker>
        <talker kind="speech" role="office">
          <name>The Chair</name>
          <house>House of Assembly</house>
          <text id="20190703b4c1fbd6b0c34290a0001786">
            <by role="office">The CHAIR:</by>  These are amendments that this house has already considered.</text>
        </talker>
        <talker role="member" id="4842">
          <name>The Hon. S.C. MULLIGHAN</name>
          <house>House of Assembly</house>
          <text id="20190703b4c1fbd6b0c34290a0001787">
            <by role="member" id="4842">The Hon. S.C. MULLIGHAN:</by>  So we are accepting amendments that we have already considered; is that correct, sir?</text>
        </talker>
        <talker kind="speech" role="office">
          <name>The Chair</name>
          <house>House of Assembly</house>
          <text id="20190703b4c1fbd6b0c34290a0001788">
            <by role="office">The CHAIR:</by>  No. What I am saying is that we have already seen them.</text>
        </talker>
        <talker role="member" id="4841">
          <name>Mr PICTON</name>
          <house>House of Assembly</house>
          <text id="20190703b4c1fbd6b0c34290a0001789">
            <by role="member" id="4841">Mr PICTON:</by>  My understanding from what the Speaker read out from the President's message was that there were some alterations to the amendments that were presented previously; hence, I think the member for Lee's question is in order.</text>
        </talker>
        <talker kind="speech" role="office">
          <name>The Chair</name>
          <house>House of Assembly</house>
          <text id="20190703b4c1fbd6b0c34290a0001790">
            <by role="office">The CHAIR:</by>  The Clerk is going to talk me through this. We will go through this line by line. The council returned the assembly's bill with amendments, and the assembly agreed to some amendments, disagreed to some amendments, and disagreed to one amendment and made an alternate amendment to that. The council considered that and has insisted on its amendments, so it has come back to this house to reconsider. It is up to the house to reconsider.</text>
        </talker>
        <talker role="member" id="1804">
          <name>The Hon. V.A. CHAPMAN</name>
          <house>House of Assembly</house>
          <page num="6691" />
          <text id="20190703b4c1fbd6b0c34290a0001791">
            <by role="member" id="1804">The Hon. V.A. CHAPMAN:</by>  Indeed. The government has indicated as I have outlined, which essentially allows the bill to progress in relation to the reforms around child exploitation but does not extend to other criminal offences which it was proposed by the government be included. Members in the Legislative Council took the view, including the party that has the next most number of seats in the other place, that they did not wish the police to have powers in relation to all these other offences but only allow it for child sexual exploitation matters. Accordingly, the government, in the attempt at resolving this matter to ensure that we at least give protection to victims in that category, accepted those amendments. I hope that makes it clear.</text>
        </talker>
        <talker kind="speech" role="office">
          <name>The Chair</name>
          <house>House of Assembly</house>
          <text id="20190703b4c1fbd6b0c34290a0001792">
            <by role="office">The CHAIR:</by>  The question before the committee, as was moved by the Attorney, is that the disagreement to amendments Nos 1, 3, 8 to 11, 13, 20 to 22, 25 and 26 be not insisted on. That has been moved. The member for Lee would like to speak.</text>
        </talker>
        <talker role="member" id="4842">
          <name>The Hon. S.C. MULLIGHAN</name>
          <house>House of Assembly</house>
          <text id="20190703b4c1fbd6b0c34290a0001793">
            <by role="member" id="4842">The Hon. S.C. MULLIGHAN:</by>  I have to inform the house that this area of proceedings has taken the opposition by surprise somewhat. We were not advised, to the best of my knowledge, that the message was to be received, let alone considered forthwith.</text>
          <text id="20190703b4c1fbd6b0c34290a0001794">
            <event kind="interjection" role="member" id="1804">The Hon. V.A. Chapman interjecting:</event>
          </text>
        </talker>
        <talker role="member" id="4842">
          <name>The Hon. S.C. MULLIGHAN</name>
          <house>House of Assembly</house>
          <text id="20190703b4c1fbd6b0c34290a0001795">
            <by role="member" id="4842">The Hon. S.C. MULLIGHAN:</by>  The Deputy Premier laments that perhaps we had not been sufficiently briefed by the Legislative Council. I do note the time of evening—</text>
          <text id="20190703b4c1fbd6b0c34290a0001796">
            <event kind="interjection" role="member" id="4340">The Hon. R. Sanderson interjecting:</event>
          </text>
        </talker>
        <talker role="member" id="4842">
          <name>The Hon. S.C. MULLIGHAN</name>
          <house>House of Assembly</house>
          <text id="20190703b4c1fbd6b0c34290a0001797">
            <by role="member" id="4842">The Hon. S.C. MULLIGHAN:</by>  —and the member for Adelaide calling out 'disorderly'. Who knew she could speak?</text>
          <text id="20190703b4c1fbd6b0c34290a0001798">
            <event kind="interjection">Members interjecting:</event>
          </text>
        </talker>
        <talker kind="speech" role="office">
          <name>The Chair</name>
          <house>House of Assembly</house>
          <text id="20190703b4c1fbd6b0c34290a0001799">
            <by role="office">The CHAIR:</by>  Order! The member for Lee has the call and I am trying to hear what he is saying.</text>
        </talker>
        <talker role="member" id="3123" kind="interjection">
          <name>The Hon. A. Piccolo</name>
          <house>House of Assembly</house>
          <text id="20190703b4c1fbd6b0c34290a0001800">
            <by role="member" id="3123">The Hon. A. Piccolo:</by>  They are behaving like an estimates committee, Mr Chair.</text>
        </talker>
        <talker kind="speech" role="office">
          <name>The Chair</name>
          <house>House of Assembly</house>
          <text id="20190703b4c1fbd6b0c34290a0001801">
            <by role="office">The CHAIR:</by>  Worse, member for Light.</text>
        </talker>
        <talker role="member" id="4842">
          <name>The Hon. S.C. MULLIGHAN</name>
          <house>House of Assembly</house>
          <text id="20190703b4c1fbd6b0c34290a0001802">
            <by role="member" id="4842">The Hon. S.C. MULLIGHAN:</by>  Not only was the opposition furnished once again by those opposite with no notice of the proceedings of what was to occur in the house on any given sitting day, we are also not in a position to arrive at our particular position. If it is the government's intention that each of these amendments is to be dealt with forthwith, then I indicate that the opposition would like to avail itself of the committee stage and go through these amendments one by one so that we can be sure of what we are looking at. If the Deputy Premier would like to invite the relevant advisers into this place to advise her, we would be much obliged so that we can have some accurate information provided to the house for a change.</text>
        </talker>
        <talker role="member" id="4343">
          <name>The Hon. J.A.W. GARDNER</name>
          <house>House of Assembly</house>
          <text id="20190703b4c1fbd6b0c34290a0001803">
            <by role="member" id="4343">The Hon. J.A.W. GARDNER:</by>  I speak in favour of the Deputy Premier's contribution. Whether or not there is a filibuster suggested that the opposition wishes to—</text>
        </talker>
        <talker role="member" id="4842" kind="interjection">
          <name>The Hon. S.C. Mullighan</name>
          <house>House of Assembly</house>
          <text id="20190703b4c1fbd6b0c34290a0001804">
            <by role="member" id="4842">The Hon. S.C. Mullighan:</by>  It's not a filibuster; I have questions on the amendments.</text>
        </talker>
        <talker role="member" id="4343">
          <name>The Hon. J.A.W. GARDNER</name>
          <house>House of Assembly</house>
          <text id="20190703b4c1fbd6b0c34290a0001805">
            <by role="member" id="4343">The Hon. J.A.W. GARDNER:</by>  The member for Lee indicates he has questions on the amendments—the amendments that are his party's amendments that the government has accepted. It is a remarkable suggestion. In the interest of trying to assist the house to move on to some other matters—</text>
          <text id="20190703b4c1fbd6b0c34290a0001806">
            <event kind="interjection">Members interjecting:</event>
          </text>
        </talker>
        <talker kind="speech" role="office">
          <name>The Chair</name>
          <house>House of Assembly</house>
          <text id="20190703b4c1fbd6b0c34290a0001807">
            <by role="office">The CHAIR</by>:  Order! Member for Lee, you do not have the call; you did previously. Minister for Education, you have the call. I am trying to listen, once again. It is 25 to 12.</text>
        </talker>
        <talker role="member" id="4343">
          <name>The Hon. J.A.W. GARDNER</name>
          <house>House of Assembly</house>
          <text id="20190703b4c1fbd6b0c34290a0001808">
            <by role="member" id="4343">The Hon. J.A.W. GARDNER:</by>  It is an extraordinary proposition that the opposition puts forth that they so object to being asked to support amendments that they moved and they supported—</text>
          <text id="20190703b4c1fbd6b0c34290a0001809">
            <event kind="interjection">Members interjecting:</event>
          </text>
        </talker>
        <talker role="member" id="4343">
          <name>The Hon. J.A.W. GARDNER</name>
          <house>House of Assembly</house>
          <page num="6692" />
          <text id="20190703b4c1fbd6b0c34290a0001810">
            <by role="member" id="4343">The Hon. J.A.W. GARDNER:</by>  Well, that they supported; that the government is willing to let through. That the shadow treasurer is very aggravated, it is very clear. I think that we will deal with this tomorrow, if that assists the house. In making that remark, I make the point that the suggestion that messages from the Legislative Council not being put on the green paper before they have in fact been dealt with by the Legislative Council is completely unremarkable and entirely consistent with the practice—</text>
          <text id="20190703b4c1fbd6b0c34290a0001811">
            <event kind="interjection">Members interjecting:</event>
          </text>
        </talker>
        <talker role="member" id="4343">
          <name>The Hon. J.A.W. GARDNER</name>
          <house>House of Assembly</house>
          <text id="20190703b4c1fbd6b0c34290a0001812">
            <by role="member" id="4343">The Hon. J.A.W. GARDNER:</by>  In fact, I spoke to the member for West Torrens in the wrap-up of the mining debate and said we had some messages from the Legislative Council and then we were going to deal with some grieves. I think I might have even said the same thing to the member for Playford.</text>
          <text id="20190703b4c1fbd6b0c34290a0001813">
            <event kind="interjection">Members interjecting:</event>
          </text>
        </talker>
        <talker kind="speech" role="office">
          <name>The Chair</name>
          <house>House of Assembly</house>
          <text id="20190703b4c1fbd6b0c34290a0001814">
            <by role="office">The CHAIR</by>:  Order! The minister has the call.</text>
        </talker>
        <talker role="member" id="4343">
          <name>The Hon. J.A.W. GARDNER</name>
          <house>House of Assembly</house>
          <text id="20190703b4c1fbd6b0c34290a0001815">
            <by role="member" id="4343">The Hon. J.A.W. GARDNER:</by>  The fact is that when we were in opposition there was absolutely never anything remarkable about a minister wishing to deal with a bill that had been through the Legislative Council—</text>
          <text id="20190703b4c1fbd6b0c34290a0001816">
            <event kind="interjection">Members interjecting:</event>
          </text>
        </talker>
        <talker kind="speech" role="office">
          <name>The Chair</name>
          <house>House of Assembly</house>
          <text id="20190703b4c1fbd6b0c34290a0001817">
            <by role="office">The CHAIR:</by>  Leader of the Opposition, the minister has the call.</text>
        </talker>
        <talker role="member" id="4343">
          <name>The Hon. J.A.W. GARDNER</name>
          <house>House of Assembly</house>
          <text id="20190703b4c1fbd6b0c34290a0001818">
            <by role="member" id="4343">The Hon. J.A.W. GARDNER:</by>  The fact of the matter is—</text>
          <text id="20190703b4c1fbd6b0c34290a0001819">
            <event kind="interjection">Members interjecting:</event>
          </text>
        </talker>
        <talker kind="speech" role="office">
          <name>The Chair</name>
          <house>House of Assembly</house>
          <text id="20190703b4c1fbd6b0c34290a0001820">
            <by role="office">The CHAIR</by>:  Order!</text>
        </talker>
        <talker role="member" id="4343">
          <name>The Hon. J.A.W. GARDNER</name>
          <house>House of Assembly</house>
          <text id="20190703b4c1fbd6b0c34290a0001821">
            <by role="member" id="4343">The Hon. J.A.W. GARDNER:</by>  —that the procedure is unremarkable.</text>
          <text id="20190703b4c1fbd6b0c34290a0001822">
            <event kind="interjection">Members interjecting:</event>
          </text>
        </talker>
        <talker kind="speech" role="office">
          <name>The Chair</name>
          <house>House of Assembly</house>
          <text id="20190703b4c1fbd6b0c34290a0001823">
            <by role="office">The CHAIR:</by>  The Leader of the Opposition is called to order.</text>
        </talker>
        <talker role="member" id="4343">
          <name>The Hon. J.A.W. GARDNER</name>
          <house>House of Assembly</house>
          <text id="20190703b4c1fbd6b0c34290a0001824">
            <by role="member" id="4343">The Hon. J.A.W. GARDNER:</by>  Nevertheless, we wish to move on. We have a couple of other things we can do tonight in relation to the budget to get that closer to completion and we will therefore put this on the list for tomorrow.</text>
          <text id="20190703b4c1fbd6b0c34290a0001825">Progress reported; committee to sit again.</text>
        </talker>
      </subproceeding>
    </subject>
  </proceeding>
</hansard>