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House of Assembly - Fifty-Fourth Parliament, First Session (54-1)
2019-07-03 Daily Xml
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Statutes Amendment (Child Exploitation and Encrypted Material) Bill

Final Stages

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.

Consideration in committee.

The Hon. V.A. CHAPMAN: I move:

That the disagreement to amendments Nos 1, 3, 8 to 11, 13, 20 to 22, 25 and 26 be not insisted on.

The Hon. S.C. MULLIGHAN: I would like to ask if members may be furnished with copies of these amendments.

The Hon. J.A.W. GARDNER: We are just accepting the Legislative Council's amendments.

The Hon. V.A. CHAPMAN: The bill has come back with the amendments in it.

The Hon. S.C. MULLIGHAN: 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?

The CHAIR: These are amendments that this house has already considered.

The Hon. S.C. MULLIGHAN: So we are accepting amendments that we have already considered; is that correct, sir?

The CHAIR: No. What I am saying is that we have already seen them.

Mr PICTON: 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.

The CHAIR: 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.

The Hon. V.A. CHAPMAN: 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.

The CHAIR: 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.

The Hon. S.C. MULLIGHAN: 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.

The Hon. V.A. Chapman interjecting:

The Hon. S.C. MULLIGHAN: The Deputy Premier laments that perhaps we had not been sufficiently briefed by the Legislative Council. I do note the time of evening—

The Hon. R. Sanderson interjecting:

The Hon. S.C. MULLIGHAN: —and the member for Adelaide calling out 'disorderly'. Who knew she could speak?

Members interjecting:

The CHAIR: Order! The member for Lee has the call and I am trying to hear what he is saying.

The Hon. A. Piccolo: They are behaving like an estimates committee, Mr Chair.

The CHAIR: Worse, member for Light.

The Hon. S.C. MULLIGHAN: 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.

The Hon. J.A.W. GARDNER: I speak in favour of the Deputy Premier's contribution. Whether or not there is a filibuster suggested that the opposition wishes to—

The Hon. S.C. Mullighan: It's not a filibuster; I have questions on the amendments.

The Hon. J.A.W. GARDNER: 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—

Members interjecting:

The CHAIR: 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.

The Hon. J.A.W. GARDNER: 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—

Members interjecting:

The Hon. J.A.W. GARDNER: 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—

Members interjecting:

The Hon. J.A.W. GARDNER: 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.

Members interjecting:

The CHAIR: Order! The minister has the call.

The Hon. J.A.W. GARDNER: 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—

Members interjecting:

The CHAIR: Leader of the Opposition, the minister has the call.

The Hon. J.A.W. GARDNER: The fact of the matter is—

Members interjecting:

The CHAIR: Order!

The Hon. J.A.W. GARDNER: —that the procedure is unremarkable.

Members interjecting:

The CHAIR: The Leader of the Opposition is called to order.

The Hon. J.A.W. GARDNER: 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.

Progress reported; committee to sit again.

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