PARLIAMENT OF SOUTH AUSTRALIA

 

 

_____________________

 

 

 

 

 

HOUSE OF ASSEMBLY

 

 

 

 

 

DIGEST

 

 

 

 

 

THIRD SESSION, FORTY-NINTH PARLIAMENT

 

 

 

 

 

1999-2000

 

 

____________________

 

 

 

 

 

 

 

 

(Compiled in the offices of the Clerk of the House of Assembly)

 

 

 

 

 

 

 

 

CONTENTS

 

 

 

 

 

Officers of the House

 

 

Governor, Ministry and Other Office-holders

 

 

Members

 

 

Summary of Session

 

 

Sitting Days and Times

 

 

Business Analysis

 

 

Question Analysis

 

 

Bill Statistics

 

 

Synopsis of Legislation

 

 

Bills which did not pass into Law

 

 

Motions and Resolutions

 

 

Subordinate Legislation

 

 

Petitions

 

 

Printed Parliamentary Papers

 

 

Parliamentary Staff

 

 

 

 

 

 

 

 

OFFICERS OF THE HOUSE

 

 

 

 

 

THE SPEAKER

 

 

HON J K G OSWALD, MP

 

 

 

 

 

DEPUTY SPEAKER AND CHAIRMAN OF COMMITTEES

 

 

HON D C WOTTON, MP

 

 

 

 

 

 

 

 

THE GOVERNOR

 

 

His Excellency Sir Eric James Neal, A.C., C.V.O.

 

 

 

 

 

 

 

 

 

 

 

THE MINISTRY

 

 

 

 

 

Hon John Wayne Olsen FNIA MP

 

 

Premier, Minister for Multicultural Affairs and Minister for State Development

 

 

 

 

 

Hon Robert Gerard Kerin MP

 

 

Deputy Premier, Minister for Primary Industries, Natural Resources and Regional Development (to 14 February 2000)

 

 

Deputy Premier, Minister for Primary Industries and Resources (from 14 February 2000)

 

 

 

 

 

Hon Robert Ivan Lucas BSc MBA MLC

 

 

Treasurer

 

 

 

 

 

Hon Kenneth Trevor Griffin LLM MLC

 

 

Minister for Justice, Attorney-General and Minister for Consumer Affairs

 

 

 

 

 

Hon Dean Craig Brown MP

 

 

Minister for Human Services

 

 

 

 

 

Hon Diana Vivienne Laidlaw BA MLC

 

 

Minister for Transport and Urban Development, Minister for the Arts and Minister for the Status of Women

 

 

 

 

 

Hon Michael Harry Armitage MBBS MP

 

 

Minister for Government Enterprises and Minister for Information Economy

 

 

 

 

 

Hon Malcolm Robert Buckby BAgSc Grad Dip Ec MP

 

 

Minister for Education, Children’s Services and Training (to 14 February 2000)

 

 

Minister for Education and Children’s Services (from 14 February 2000)

 

 

 

 

 

Hon Dorothy Christine Kotz MP

 

 

Minister for Environment and Heritage and Minister for Aboriginal Affairs (to 14 February 2000)

 

 

Minister for Local Government (from 14 February 2000)

 

 

 

 

 

Hon Mark Kennion Brindal MP

 

 

Minister for Local Government, Minister for Employment, Minister for Youth and Minister Assisting for Environment and Heritage (to 14 February 2000)

 

 

Minister for Water Resources, Minister for Employment and Training, Minister for Youth (from 14 February 2000)

 

 

 

 

 

Hon Iain Frederick Evans MP

 

 

Minister for Industry and Trade, Minister for Recreation, Sport and Racing (to 14 February 2000)

 

 

Minister for Environment and Heritage, Minister for Recreation, Sport and Racing (from 14 February 2000)

 

 

 

 

 

Hon Robert David Lawson BA LLB RFD QC MLC

 

 

Minister for Disability Services, Minister for the Ageing, Minister for Information Services and Minister for Administrative Services (to 14 February 2000)

 

 

Minister for Disability Services, Minister for the Ageing, Minister for Administrative and Information Services, Minister for Workplace Relations (from 14 February 2000)

 

 

 

 

 

Hon Wayne Anthony Matthew BA MP

 

 

Minister for Year 2000 Compliance (to 14 February 2000)

 

 

Minister Assisting the Deputy Premier, Minister for Minerals and Energy (from 14 February 2000)

 

 

 

 

 

Hon Joan Lynette Hall MP

 

 

Minister for Tourism

 

 

 

 

 

Hon Robert Lawrence Brokenshire MP

 

 

Minister for Police, Correctional Services and Emergency Services

 

 

 

 

 

 

 

 

OTHER OFFICE HOLDERS

 

 

 

 

 

Hon Michael David Rann MA MP

 

 

Leader of the Opposition

 

 

 

 

 

Annette Kay Hurley MP

 

 

Deputy Leader of the Opposition

 

 

 

 

 

WHIPS

 

 

 

 

 

Eric John Meier BA DipT (Sec) Grad DipEd Admin MP

 

 

Government

 

 

 

 

 

Murray Royce DeLaine MP

 

 

Opposition

 

 

 

 

 

 

 

 

MEMBERS

 

 

 

 

 

NAME

PARTY

DISTRICT

DATE FIRST ELECTED

POSITION HELD, INCLUDING COMMITTEE MEMBERSHIP

 

 

 

 

 

 

 

 

 

ARMITAGE Hon Dr Michael Harry, M.B.B.S.

LPA

Adelaide

25 November 1989

Minister for Government Enterprises and Minister for Information Economy P.C.O.S.R.Cg

 

 

 

 

 

 

 

 

 

ATKINSON Michael John, B.A. (Hons), LL.B.

ALP

Spence

25 November 1989

Standing Orders Committee, Social Development Committee & Statutory Officers Committee

 

 

 

 

 

 

 

 

 

BEDFORD Frances Ellen

ALP

Florey

11 October 1997

-

 

 

 

 

 

 

 

 

 

BRUER Lynette Ruth

ALP

Giles

11 October 1997

-

 

 

 

 

 

 

 

 

 

BRINDAL Hon Mark Kennion

LPA

Unley

25 November 1989

Minister for Local Government, Minister for Employment, Minister for Youth and Minister Assisting for Environment and Heritage (to 14 February 2000) Minister for Water Resources, Minister for Employment and Training, Minister for Youth (from 14 February 2000)

 

 

 

 

 

 

 

 

 

BROKENSHIRE Robert Lawrence

LPA

Mawson

11 December 1993

Minister for Police, Correctional Services and Emergency Services

 

 

 

 

 

 

 

 

 

BROWN Hon Dean Craig

LPA

Finniss

*10 March 1973

Minister for Human Services

 

 

 

 

 

 

 

 

 

BUCKBY Hon Malcolm Robert, B.Ag.Sc., Grad. Dip. Ec.

LPA

Light

11 December 1993

Minister for Education, Children’s Services & Training (to 14 February 2000) Minister for Education and Children’s Services (from 14 February 2000)

 

 

 

 

 

 

 

 

 

CICCARELLO Vincenzina

ALP

Norwood

11 October 1997

Select Committee on the Murray River (18 November 1999)

 

 

 

 

 

 

 

 

 

CLARKE Ralph Desmond

ALP

Ross Smith

11 December 1993

-

 

 

 

 

 

 

 

 

 

CONDOUS Steve George

LPA

Colton

11 December 1993

Legislative Review Committee

 

 

 

 

 

 

 

 

 

CONLON Patrick Frederick

ALP

Elder

11 October 1997

Economic and Finance Committee

 

 

 

 

 

 

 

 

 

DE LAINE Murray Royce

ALP

Price

7 December 1985

Opposition Whip, Joint Parliamentary Service Committee and Standing Orders Committee

 

 

 

 

 

 

 

 

 

EVANS Hon Iain Frederick

LPA

Davenport

11 December 1993

Minister for Industry and Trade and Minister for Recreation, Sport and Racing, Minister for Environment and Heritage (from 14 February 2000)

 

 

 

 

 

 

 

 

 

FOLEY Kevin Owen

ALP

Hart

11 December 1993

Economic and Finance Committee and Joint Committee on the Electricity Businesses Disposal Process (19 November 1999)

 

 

 

 

 

 

 

 

 

GERAGHTY Robyn Kathryn

ALP

Torrens

7 May 1994

Legislative Review Committee

 

 

 

 

 

 

 

 

 

GUNN Hon Graham MacDonald

LPA

Stuart

30 May 1970

Economic and Finance Committee and Joint Committee on Transport Safety

 

 

 

 

 

 

 

 

 

HALL Hon Joan Lillian

LPA

Coles

11 December 1993

Minister for Tourism

 

 

 

 

 

 

 

 

 

HAMILTON-SMITH Martin Leslie James, ASM, DFSM, BA (Mil), MA, Grad Dip Mngt

LPA

Waite

11 October 1997

Publishing Committee, Statutory Officers Committee, Economic and Finance Committee

 

 

 

 

 

 

 

 

 

HANNA Kris

ALP

Mitchell

11 October 1997

Select Committee on the Murray River (18 November 1999)

 

 

 

 

 

 

 

 

 

HILL John David

ALP

Kaurna

11 October 1997

Select Committee on the Murray River (18 November 1999)

 

 

 

 

 

 

 

 

 

HURLEY Annette Kay

ALP

Napier

11 December 1993

Deputy Leader of the Opposition, Publishing Committee

 

 

 

 

 

 

 

 

 

INGERSON Hon Graham Alexander, A.U.A, M.P.S,

LPA

Bragg

14 May 1983

-

 

 

 

 

 

 

 

 

 

KERIN Hon Robert Gerard

LPA

Frome

11 December 1993

Deputy Premier, Minister for Primary Industries, Natural Resources and Regional Development (to 14 February 2000) Deputy Premier, Minister for Primary Industries and Resources (from 14 February 2000)

 

 

 

 

 

 

 

 

 

KEY Stephanie Wendy

ALP

Hanson

11 October 1997

Environment, Resources and Development Committee, Parliamentary Committee on Occupational Safety, Rehabilitation and Compensation

 

 

 

 

 

 

 

 

 

KOTZ Hon Dorothy Christine

LPA

Newland

25 November 1989

Minister for Environment and Heritage, Minister for Aboriginal Affairs(to 14 February 2000) Minister for Local Government (from 14 February 2000)

 

 

 

 

 

 

 

 

 

KOUTSANTONIS Anastasious

ALP

Peake

11 October 1997

Publishing Committee and Joint Committee on Transport Safety (from 20 August 1998)

 

 

 

 

 

 

 

 

 

LEWIS Ivan Peter

LPA

Hammond

15 September 1979

Public Works Committee, Standing Orders Committee, Statutory Officers Committee, and Select Committee on the Murray River (from 18 November 1999)

 

 

 

 

 

 

 

 

 

McEWEN Rory John, B.Ag.Sc, Grad Dip Ed. Admin, Grad Dip Curr Devel.

IND

Gordon

11 October 1997

Economic and Finance Committee

 

 

 

 

 

 

 

 

 

MATTHEW Hon Wayne Anthony, B.A.

LPA

Bright

25 November 1989

Minister for Year 2000 Compliance (to 14 February 2000) Minister Assisting the Deputy Premier, Minister for Minerals and Energy (from 14 February 2000)

 

 

 

 

 

 

 

 

 

MAYWALD Karlene Ann

NAT

Chaffey

11 October 1997

Environment, Resources and Development Committee, Select Committee on the Murray River (from 20 August 1999)

 

 

 

 

 

 

 

 

 

MEIER Eric John, B.A., Dip.T. (Sec), Grad. Dip.Ed. Admin

LPA

Goyder

6 November 1982

Government Whip, Legislative Review Committee, Standing Orders Committee (from 28 September 1999)

 

 

 

 

 

 

 

 

 

OLSEN Hon John Wayne, F.N.I.A.

LPA

Kavel

y 15 September 1979

Premier, Minister for Multicultural Affairs and Minister for State Development

 

 

 

 

 

 

 

 

 

OSWALD Hon John Kenneth Gibson, A.U.A., M.P.S.

LPA

Morphett

15 September 1979

Speaker, Joint Parliamentary Service Committee and Standing Orders Committee

 

 

 

 

 

 

 

 

 

PENFOLD Elizabeth Meryl

LPA

Flinders

11 December 1993

Parliamentary Committee on Occupational Safety, Compensation and Rehabilitation

 

 

 

 

 

 

 

 

 

RANKINE Jennifer Mary

ALP

Wright

11 October 1997

-

 

 

 

 

 

 

 

 

 

RANN Hon Michael David, M.A.

ALP

Ramsay

7 December 1985

Leader of the Opposition

 

 

 

 

 

 

 

 

 

SCALZI Giuseppe

LPA

Hartley

11 December 1993

Social Development Committee Public Works Committee, Publishing Committee, Joint Committee on Transport Safety

 

 

 

 

 

 

 

 

 

SNELLING John James

ALP

Playford

11 October 1997

-

 

 

 

 

 

 

 

 

 

STEVENS Lea

ALP

Elizabeth

9 April 1994

Public Works Committee

 

 

 

 

 

 

 

 

 

SUCH Hon Robert Bruce, B.A. (Hons), Dip.T., Dip.Ed., Ph.D.

LPA

Fisher

25 November 1989

Economic and Finance Committee, Social Development Committee

 

 

 

 

 

 

 

 

 

THOMPSON Mary Gabrielle

ALP

Reynell

11 October 1997

Public Works Committee

 

 

 

 

 

 

 

 

 

VENNING Ivan Howard

LPA

Custance

23 June 1990

Environment, Resources and Development Committee, Publishing Committee

 

 

 

 

 

 

 

 

 

WHITE Patricia Lynne (Trish) B.E., B.A., M.I.E.E.E.

ALP

Taylor

5 November 1994

Economic and Finance Committee

 

 

 

 

 

 

 

 

 

WILLIAMS Michael Richard

Ind Lib

MacKillop

11 October 1997

Public Works Committee

 

 

 

 

 

 

 

 

 

WOTTON Hon David Charles

LPA

Heysen

12 July 1975

Chairman of Committees, Joint Parliamentary Service Committee, Select Committee on the Murray River (from 18 November 1999)

 

 

 

 

 

 

 

 

 

WRIGHT Michael John

ALP

Lee

11 October 1997

-

 

 

 

 

 

 

 

 

SUMMARY OF SESSION

 

 

 

 

 

 

 

 

While the timing of the Third Session of the Forty Ninth Parliament followed previous Sessions, commencing on 28 September and continuing until 13 July, the sitting pattern changed again in 2000 to two distinct sittings – Autumn and Spring.  There were 43 sitting days (plus 5 days for Estimates Committees).

 

 

 

 

 

While there was no change in the membership if the House, Mr Williams rejoined the Liberal Party and Mr Lewis resigned from it, the Government briefly becoming a majority Government (of 24 Members) before again having to rely on the support of Independents to continue in office.

 

 

 

 

 

There were 117 Bills introduced during the Session, of which 88 passed into law.  Although there were a number of important Bills, of particular significance was a package of 5 alterative proposals to deal with prostitution, which were debated cognately, before being voted on separately.  Fortunately from a procedural view only one of them passed at the second reading.  That Bill was then considerably amended before being sent to the Legislative Council where it lapsed at the end of the Session.  It is anticipated it will be restored to the Notice Paper in the Fourth Session.

 

 

 

 

 

Two other matters of note occurred during the Session – the first when “Serial pest” Peter Hore evaded security and came onto the floor of the House.  He was subsequently prosecuted in the Courts.  Needless to say, a security review has resulted in a tightening of security in the whole House.

 

 

 

 

 

The second was the passing of a Bill to return control of Old Parliament House to the Parliament.  Since the completion of Parliament House in 1939 the building has been used for a variety of purposes, including more latterly a Constitutional Museum.  It is now used for Committee rooms, educational tours and staff offices, having been reconnected to Parliament by an air bridge.

 

 

 

 

 

 

 

 

                                                       SITTING DAYS AND TIMES

 

 

 

 

 

                        Proclamation to Summon Parliament         26 August 1999

 

 

                        Opening of Session                                     28 September 1999

 

 

                        Last Day of Sitting                                       13 July 2000

 

 

                        Prorogation of Session                                10 August 2000

 

 

TIME FROM

MEETING TO

ADJOURNMENT

TIME OF ADJOURNMENT

NUMBER OF DAYS

 

 

Month

Number of Sitting Days

*

Hrs  Mins

Before 6.00pm

Between 6.00 - 9.00pm

Between 9.00 - 10.30pm

Between 10.30 – midnight

After midnight

 

 

1999

 

 

 

 

 

 

 

 

 

 

 

 

 

 

September

3

17….43

2

 

2

1

 

 

 

October

6

35….27

3

1

 

2

 

 

 

November

7

35….53

3

2

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2000

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

March

3

13….37

1

2

 

 

 

 

 

April

6

34….53

2

2

 

 

 

 

 

May

8

52….04

2

 

 

 

1

 

 

June

4

30….16

1

1

 

 

3

 

 

July

6

52….32

1

 

 

 

 

 

 

TOTALS

46

272  20*

15

8

8

8

4

 

 

                                                    *Total time less adjournments

 

 

                                    Average time per sitting day - 6 hours 20 minutes

 

 

 

 

 

 

 

 

Adjournment other than to next regular sitting day

 

 

Thursday 30 September 1999 to Tuesday 19 October 1999

 

 

Thursday 28 October 1999 to Tuesday 9 November 1999

 

 

Thursday 18 November 1999 to Friday 19 November 1999

 

 

Friday 19 November 1999 to Tuesday 28 March 2000

 

 

Thursday 13 April 2000 to Tuesday 2 May 2000

 

 

Thursday 4 May 2000 to Tuesday 23 May 2000

 

 

Thursday 1 June 2000 to Tuesday 27 June 2000

 

 

Thursday 13 July 2000 to Tuesday 15 August 2000

 

 

 

 

 

 

 

 

ESTIMATES COMMITTEES

 

 

Estimates Committees A and B sat for 34 hours and 52 minutes over five days and 43 hours and 40 minutes over five days, respectively, in June 2000 in consideration of the proposed expenditures contained in the Appropriation Bill.

 

 

 

 

 

 

 

 

                                                           BUSINESS ANALYSIS

 

 

 

 

 

Nature of Business

No. of Sitting Days

Time Spent Thereon

Percentage of Total Time

 

 

 

 

Hrs  Mins

 

 

 

 Questions Without Notice

 Address in Reply Debate

 Government Bills

 Other Government Business

 Appropriation Bill -

            Grievance Debate

            Second Reading Debate

            +Committee Reports Debate

            In Committee

 Supply Bill -

             Grievance Debate

             Second Reading Debate

             Committee Stage

 Private Members -

            Bills/Committees/Regulations

            Other Motions

 Suspension of Sittings

 Adjournment Debates

 Grievance Debates

 

42

4

37

43

 

1

3

1

 

 

1

2

 

 

26

15

6

15

41

43…19

13…40

101…12

19…29

 

0…52

8…11

1…40

 

 

0…55

5…42

 

 

30…27

18…14

3…06

4…51

20…42

15.4

5.1

37.3

7.3

 

0.3

3.0

0.6

 

 

0.3

2.1

 

 

11.3

6.7

1.1

1.8

7.7

 

 

 

 TOTALS

 

272…20

100

 

 

 

 

 

+ See also Estimates Committees (page 10)

 

QUESTION ANALYSIS

 

Questions Directed to

Answered Questions without Notice from Members of -

Answered Questions on Notice from Members of -

GRAND TOTAL

 

Govt

Opp

Ind

Total

Govt

Opp

Ind

Total

Premier

Minister for State Development

Minister for Multicultural Affairs

 

46

 

1

125

 

172

 

8

 

1

 

9

181

Deputy Premier

Minister for Primary Industries

Minister for Regional Development

 

3

13

5

22

4

 

1

48

 

5

1

 

6

54

Minister for Human Services

Representing Minister for –

                Disability Services

                Ageing

                Transport and Urban Planning

                Arts

                Status of Women

 

26

38

 

64

 

30

 

 

1

14

 

45

109

Minister for Government Enterprises

Minister for Information Economy

Representing Minister for –

Administrative & Information                            Services

                Workplace Relations

 

 

19

6

 

6

1

 

 

 

1

 

33

 

 

23

 

23

56

Minister for Education & Children’s Services

Representing –

The Treasurer

 

 

31

 

35

 

66

 

 

13

 

3

 

16

82

Minister for Environment and Heritage

Minister for Recreation, Sport and Racing

Representing –

                Attorney-General

                Minister for Justice

                Minister for Consumer Affairs

 

 

16

 

11

 

13

 

14

 

3

 

1

58

 

 

20

 

2

 

10

 

32

90

Minister for Water Resources

Minister for Employment and Training

Minister for Youth

 

8

12

7

5

3

 

 

35

 

7

 

7

42

Minister for Local Government

Minister for Aboriginal Affairs

 

8

9

 

2

 

19

 

2

 

2

21

Minister for Tourism

 

14

20

 

34

 

3

 

3

37

Minister for Minerals and Energy

Minister for Year 2000 Compliance

 

11

6

1

 

 

18

 

 

1

 

1

19

Minister for Police, Correctional Services and Emergency Services

 

 

28

 

15

 

43

 

1

 

11

 

12

55

Minister for Industry and Trade

 

6

5

 

11

 

 

 

 

11

The Speaker

 

1

1

 

2

 

 

 

 

2

GRAND TOTAL

 

287

314

2

603

1

155

 

156

759

Average number of questions without notice per question period = 14.02

 

 

 

 

 

 

 

BILL STATISTICS

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(The number of Private Members' Bills included in any figures are shown in brackets)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

I.

BILLS CONSIDERED IN HOUSE OF ASSEMBLY

 

 

 

 

 

 

 

Introduced in House of Assembly

72

(14)

 

 

 

 

Received from Legislative Council

44

 

 

 

 

 

 

 

 

116 (14)

 

 

II.

BILLS WHICH RECEIVED ASSENT

 

 

 

 

 

 

 

Introduced in House of Assembly

44

 

 

 

 

 

Received from Legislative Council

44

 

 

 

 

 

 

 

 

88

 

 

 

 

 

 

 

 

III.

FATE OF BILLS CONSIDERED IN HOUSE OF ASSEMBLY BUT NOT PASSED BY BOTH HOUSES

 

 

 

 

 

 

 

Lapsed owing to Prorogation

 

 

 

 

 

 

House of Assembly Bills in House of Assembly

19

(10)

 

 

 

 

House of Assembly Bills in Legislative Council

2

 

 

 

 

 

 

 

 

21 (10)

 

 

 

Negatived

 

 

 

 

 

 

House of Assembly Bills in House of Assembly

6

(3)

 

 

 

 

Legislative Council Bill in House of Assembly

1

(1)

 

 

 

 

 

 

 

7 (4)

 

 

 

 

 

 

 

 

 

 

 

 

 

28 (14)

 

 

 

 

 

 

 

 

 

IV.

SUMMARY - HOUSE OF ASSEMBLY BILLS

 

 

 

 

 

 

 

 

 

 

 

 

 

Introduced       72 (14)

 

 

 

 

 

 

 

 

 

 

 

 

 

Not amended in House of Assembly -

 

 

 

 

 

 

Returned by Legislative Council without amendment

32

 

 

 

 

 

Returned by Legislative Council with amendment(s)

 

 

 

 

 

 

and finally passed both Houses

5

 

 

 

 

 

Lapsed in House of Assembly

19

(10)

 

 

 

 

Negatived in House of Assembly

6

(3)

 

 

 

 

Negatived in Legislative Council

1

(1)

 

 

 

 

 

 

 

63 (14)

 

 

 

 

 

 

 

 

 

 

Amended in House of Assembly -

 

 

 

 

 

 

Returned by Legislative Council without amendment

2

 

 

 

 

 

Returned by Legislative Council with amendment(s)

 

 

 

 

 

 

and finally passed both houses

5

 

 

 

 

 

Lapsed in Legislative Council

2

 

 

 

 

 

 

 

 

9

 

 

 

 

 

 

 

 

 

V.

SUMMARY - BILLS FROM LEGISLATIVE COUNCIL

 

 

 

 

 

 

 

 

 

 

 

 

 

Received -       44

 

 

 

 

 

 

 

 

 

 

 

 

 

Returned by House of Assembly without amendment

37

 

 

 

 

 

Returned by House of Assembly with amendment(s)

 

 

 

 

 

 

and finally passed both Houses

7

 

 

 

 

 

 

 

 

44

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SYNOPSIS OF LEGISLATION

 

 

 

 

 

The following synopsis of legislation enacted during the session is not intended to be an authoritative exposition of the law. Further explanation of the legislation can be found at the Hansard reference provided below and the subsequent debate. Reference should be made to the statutes to ascertain the law.

 

 

 

 

 

Alice Springs to Darwin Railway (Financial Commitment) Amendment Act

 

 

This Act amends the principal Act to facilitate the construction of the Alice Springs to Darwin rail link. The AustralAsia Railway Corporation having worked with the Asia Pacific Transport Consortium as the preferred consortium has recommended to the South Australian and Northern Territory Governments a basis on which the project can proceed. Based on the proposal the South Australian, Northern Territory and Commonwealth Governments have approved the provision of additional grant funding above the initial offer. The present limit on the State 's financial commitment is $100 million. This Act replaces that commitment with an authorisation to make funds available for the performance of certain works up to a total of $125 million and authorises the giving of a guarantee of up to $25 million to the project. The Act authorises a guarantee for the performance by the AustralAsia Railway Corporation of its obligations under any contract entered into and sets out the requirements of the State to facilitate the implementation of the railway and ensures that money can now be applied for the purposes of the project.

 

 

[Hansard 10 November 1999, p 401]

 

 

Act No 76 of 1999, assented to 2 December 1999

 

 

 

 

 

Alice Springs to Darwin Railway (Miscellaneous) Amendment Act

 

 

This Act converts a $25 million loan guarantee to the AustralAsia Railway Corporation to either a commercial loan or a grant to overcome a technical legal issue that does not allow for the capitalisation of interest above the principal amount. Such capitalisation will be necessary during the construction and early operational stages of the project to enable the repayment of the loan. The Act also provides that the Corporation have priority use of the rail corridor for the purposes of operating train services and provides the State with a regulation making power with the force of law to amend legislation should a legal impediment arise. The regulation making power has been limited to 12 months.

 

 

[Hansard 28 June 2000, p 1486]

 

 

Act No 42 of 2000, assented to 13 July 2000

 

 

 

 

 

Appropriation Act

 

 

This Act provides for the appropriation of money from the Consolidation Account for the year ending on 30 June 2001 and provides for the issue and application of the sums shown in the Schedule and operates retrospectively to 1 July 2000.

 

 

[Hansard 25 May 2000, p 1229]

 

 

Act No 53 of 2000, assented to 20 July 2000

 

 

 

 

 

Barley Marketing (Miscellaneous No 2) Amendment Act

 

 

This Act permits authorised receivers to buy or sell barley, effective from the 1999 harvest and excludes seed from the marketing authority provided by the principal Act.

 

 

[Hansard 17 November 1999, p 512]

 

 

Act No 77 of 1999, assented to 2 December 1999

 

 

 

 

 

Boxing and Martial Arts Act

 

 

This Act for the regulation of professional boxing and martial arts requires promoters of events to be licensed and operate under rules approved by the Minister. The Act requires contestants in boxing and martial arts events to be registered on a national register and to be examined by qualified medical practitioner both prior to and after events.

 

 

[Hansard 6 April 2000, p 838]

 

 

Act No 36 of 2000, assented to 13 July 2000

 

 

 

 

 

Building Work Contractors (GST) Amendment

 

 

This Act permits the inclusion of a GST (Goods and Services Tax) clause in a domestic building work contract to enable the builder to recover the GST paid or payable on goods or services supplied under the contract.

 

 

[Hansard 17 November 1999, p 513]

 

 

Act No 78 of 1999, assented to 2 December 1999

 

 

 

 

 

The Carriers Act Repeal Act

 

 

This Act repeals The Carriers Act 1891 following the review of the legislation as requried by the Competition Principles Agreement entered into by the Council of Australian Governments. The review found the Act to be "no longer relevant".

 

 

[Hansard 17 November 1999, p 514]

 

 

Act No 70 of 1999, assented to 25 November 1999

 

 

 

 

 

Children’s Protection (Mandatory Reporting and Reciprocal Arrangements) Amendment

 

 

This Act adds pharmacists to the list of persons who are required to notify their suspicions that a child has been or is being abused or neglected. The Act also implements national agreements for the transfer of child protection orders and proceedings for children who cross borders between the States and Territories and New Zealand.

 

 

[Hansard 29 March 2000, p 660]

 

 

Act No 16 of 2000, assented to 1 June 2000

 

 

 

 

 

Commonwealth Places (Mirror Taxes Administration) Act

 

 

This Act implements elements of the safety net arrangements between South Australia and the Commonwealth to ensure the continuation of taxation arrangements in respect of Commonwealth places situated in South Australia as intended under the principal Act, the Commonwealth Places (Mirror Taxes) Act 1998.

 

 

[Hansard 29 September 1999, p 33]

 

 

Act No 71 of 1999, assented to 25 November 1999

 

 

 

 

 

Corporations (South Australia) (Miscellaneous) Amendment Act

 

 

This Act amends the principal Act following Commonwealth legislative initiatives in the area of Corporations Law reform. The Corporations Agreement, to which South Australia is a party, obliges the State to secure the enactment of a Act to complement a Commonwealth Act which amends a Corporations legislative scheme law and which the Ministerial Council for Corporations agrees should be enacted. The Ministerial Council approved amendments to the Corporations (South Australia) Act 1990 (and the equivalent statutes of the other States and Territories) to compliment the Commonwealth’s Company Law Review Act 1998; the Managed Investments Act 1998; the financial sector legislation of 1998 and 1999; and the Corporate Law Economic Reform Program Act 1999. This Act implements those agreed amendments.

 

 

[Hansard 23 May 2000, p 1138]

 

 

Act No 19 of 2000, assented to 8 June 2000

 

 

 

 

 

Cremation Act

 

 

This Act repeals the Cremation Act 1891 and replaces it with a new Act that prescribes the circumstances in which cremation is lawful and the administrative procedures for permission to cremate human remains. The Act simplifies the process for approval for a new crematorium and makes it an offence to cremate human remains other than in a lawfully established crematorium.

 

 

[Hansard 5 July 2000, p 1644]

 

 

Act No 52 of 2000, assented to 20 July 2000

 

 

 

 

 

Criminal Law Consolidation (Appeals) Amendment

 

 

This Act provides for a right of appeal, by the Director of Public Prosecutions, against a decision by a Judge to acquit a person charged with a serious offence. The Act provides that the Court, on hearing an appeal against acquittal by judge alone, can dismiss the appeal or allow the appeal and order a new trial. The provisions will apply to proceedings in relation to an offence allegedly committed after the Act comes into operation.

 

 

[Hansard 31 May 2000, p 1317]

 

 

Act No 31 of 2000, assented to 6 July 2000

 

 

 

 

 

Criminal Law Consolidation (Mental Impairment) Amendment Act

 

 

This Act amends Part 8A of the principal Act to make procedural changes to the codified criminal law in relation to persons accused of crime who suffer from severe mental impairment and particularly deals with the law and procedure relevant to an accused person's fitness to stand trial and the 'defence' of mental impairment.

 

 

[Hansard 27 June 2000, p 1411]

 

 

Act No 39 of 2000, assented to 13 July 2000

 

 

 

 

 

Criminal Law (Sexual Servitude) Amendment Act

 

 

This Act amends the principal Act to repeal the laws on procuring sexual intercourse to replace them with laws against sexual servitude. The Act addresses the ways in which people can be forced to become part of the sex industry; the commercial sexual exploitation of children; and the conditions often imposed on participants in the prostitution industry.

 

 

[Hansard 3 May 2000, p 1043]

 

 

Act No 20 of 2000, assented to 8 June 2000

 

 

 

 

 

Criminal Law (Serious Criminal Trespass) Amendment Act

 

 

This Act replaces the current set of criminal trespass offences with a new set of offences divided into three parts; serious criminal trespass of a residence; serious criminal trespass of other places; and other criminal trespasses. The residential offences are graded as more serious by the imposition of higher maximum penalties, with life imprisonment remaining for aggravated criminal trespass to a place of residence.

 

 

[Hansard 18 November 1999, p 560]

 

 

Act No 80 of 1999, assented to 2 December 1999

 

 

 

 

 

Criminal Law (Sentencing)(Sentencing Principles) Amendment Act

 

 

This Act compliments the amendments made by the Criminal Law Consolidation (Serious Criminal Trespass) Amendment Act by establishing a general concept of an offence committed in the course of a home intrusion. The concept is to be deployed in two ways. Firstly, the court is to be obliged to take it into account in passing sentence and secondly, the formula for the criterion for considering imprisonment is redesigned to be one of 'home intrusion'.

 

 

[Hansard 18 November 1999, p 580]

 

 

Act No 79 of 1999, assented to 2 December 1999

 

 

 

 

 

Dairy Industry (Deregulation of Prices) Amendment Act

 

 

This Act enacts an agreement between the Australian dairy industry and the Commonwealth and State governments to deregulate the dairy industry and will come into effect at the same time as similar legislation in other milk producing states.

 

 

[Hansard 12 April 2000, p 895]

 

 

Act No 24 of 2000, assented to 15 June 2000

 

 

 

 

 

Development (Significant Trees) Amendment Act

 

 

This Act prevents the inappropriate removal or lopping of significant trees by deeming activities affecting trees more than 2.5 metres in circumference as 'development'; enabling any rare or endangered species and areas of trees to be identified in local council Development Plans; and listing trees as 'local heritage places'.

 

 

[Hansard 12 April 2000, p 902]

 

 

Act No 3 of 2000, assented to 20 April 2000

 

 

 

 

 

District Court (Administrative and Disciplinary Division) Amendment Act

 

 

This Act amends the principal Act, and each particular Act creating an administrative appeal to the Administrative and Disciplinary Division of the Court, to remove differences in wording in the statutes creating appeals which, having arisen for historical reasons, could cause technical difficulty. The Act requires the Court to examine the decision in the light of the evidence and material presented to the original decision maker. The Court may receive new evidence and may substitute its decision in place of the original decision while giving weight to the original decision. The Act also makes clear that the proceedings in the Division of the Court are civil proceedings and is to sit with assessors whenever a specific Act requires but need not for certain technical aspects of the litigation. The Act allows urgent appeals from the Guardianship Board to be heard without the presence of an assessor.

 

 

[Hansard 4 April 2000, p 743]

 

 

Act No 4 of 2000, assented to 20 April 2000

 

 

 

 

 

Electricity (Pricing Order and Cross-Ownership) Amendment Act

 

 

This Act varies the electricity pricing order issued on 11 October 1999 under section 35B of the principal Act and amends the cross-ownership rules contained in Schedule 1 of the principal Act. The Act amends four material inconsistencies identified in the electricity pricing order relating to the determination of the maximum revenue allowed to be earned by ElectraNet SA and ESTA Utilities and the regulation of public lighting tariffs.

 

 

[Hansard 11 July 2000, p 1733]

 

 

Act No 51 of 2000, assented to 20 July 2000

 

 

 

 

 

First Home Owner Grant Act

 

 

The Intergovernmental Agreement on the Reform of Commonwealth-State Financial Relations provides that to offset the impact of the GST on home buyers, the States and Territories will assist first home buyers through the funding and administration of a new uniform First Home Owners Scheme. The scheme will operate from 1 July 2000, and eligible applicants will be entitled to non-means tested $7 000 assistance grant per application in relation to eligible homes.

 

 

[Hansard 29 March 2000, p 668]

 

 

Act No 25 of 2000, assented to 29 June 2000

 

 

 

 

 

Forest Property Act

 

 

This Act allows for the secure ownership of trees separate from land ownership through the creation of an agreement between landowner and tree owner to be known as a Forest Property Agreement. The Act includes provisions that confer ownership in terms of carbon rights and the commercial right to exploit the carbon absorption capacity of the relevant forest property. The Act also provides for harvest security through a commercial forest plantation licence which authorises forestry operations including harvesting.

 

 

[Hansard 30 March 2000, p 708]

 

 

Act No 50 of 2000, assented to 20 July 2000

 

 

 

 

 

Gaming Machines (Miscellaneous) Amendment Act

 

 

This Act gives effect to the Intergovernmental Agreement on Reform of Commonwealth-State Financial Relations. The Agreement will adjust gambling taxes to take account of the impact of the GST on gambling operators. The Act reflects a policy of revenue neutrality by making amendments to gambling taxation arrangements, in relation to hotels and clubs operating gaming machines, by reducing the marginal rates of tax payable by 9.09 per cent. The Act also provides for local government to be heard by the Liquor and Gaming Commissioner before any decision is made to grant a gaming licence in its area, or to expand the number of gaming machines. The Act also provides for the continuity of the licensee, for taxation purposes, and the level of tax payable for a gambling venue to be determined on the basis of net gambling revenue derived for the whole period regardless of whether the revenue is derived by one or more persons or pursuant to one or more licence.

 

 

[Hansard 24 May 2000, p 1173]

 

 

Act No 27 of 2000, assented to 29 June 2000

 

 

 

 

 

Gas (Miscellaneous) Amendment Act

 

 

This Act provides that from 1 July 2001 annual retail licence fees will be fixed in the same way as distribution licence fees, that is an amount the Minister considers a reasonable contribution toward the cost of the administration of the Gas Act 1997 and the Natural Gas Pipelines Access (South Australia) Act 1997, having regard to the scale and nature of the operations. The Act allows the fixing of maximum prices for consumers whose consumption is below 10 terajoules to ensure that prices for such consumers are not unreasonably increased. The Act makes provision for temporary gas rationing in the event of a gas shortage; and provides that a person who gains financial benefit from a contravention of the Act can be required to disgorge that financial benefit; and allows offences relating to gas fitting work and the completion of certificates of compliance in respect of work, to be prosecuted within two years from the date of the alleged offence.

 

 

[Hansard 24 May 2000, p 1181]

 

 

Act No 29 of 2000, assented to 29 June 2000

 

 

 

 

 

Goods Securities (Miscellaneous) Amendment Act

 

 

This Act provides for national uniformity in the recording of security interests in motor vehicles by; changing the way the principal Act defines 'notice' of a security interest in a vehicle; ensuring where competing security interests require resolution the order of priority will be a nationally consistent approach; recognising circumstances in which temporary possession should defer the operation of a registered security interest; and by implementation of a twenty-four hour grace period to ensure that a certificate with respect to security interests is accurate until the end of the following day.

 

 

[Hansard 5 April 2000, p 790]

 

 

Act No 5 of 2000, assented to 20 April 2000

 

 

 

 

 

Government Business Enterprises (Competition)(Miscellaneous) Amendment Act

 

 

This Act provides for the publication of a revised South Australian Competitive Neutrality Policy Statement to clarify the application of competitive neutrality to government business activities and refine the complaints mechanism and process. The Act ensures that competitve neutrality applies to local government agencies and State government agencies which are subject to control and direction by a Minister.

 

 

[Hansard 9 November 1999, p 370]

 

 

Act No 2 of 2000, assented to 13 April 2000

 

 

 

 

 

Ground Water (Qualco Sunlands) Control Act

 

 

This Act provides for the construction of a scheme to prevent and reverse the salination and water logging of horticultural land due to the irrigation induced ground-water mound under the Qualco-Sunlands Drainage District. The scheme comprises a series of groundwater bores that will draw down the groundwater mound and dispose of the saline waters to the Stockyard Plain Evaporation Basin.

 

 

[Hansard 31 May 2000, p 1314]

 

 

Act No 63 of 2000, assented to 3 August 2000

 

 

 

 

 

Guardianship and Administration (Miscellaneous) Amendment Act

 

 

This Act separates the executive and administrative functions of the Registrar and places them with the Executive Officer, while placing the new mediation functions with the Registrar. The Act also expands the definition of 'authorised witness' and the definition of 'medical treatment' is extended to incorporate treatment provided by other health professionals as well as medical practitioners and a definition of 'health professional' is inserted to include physiotherapists, chiropractors and chiropodists. The Act also amends the principles on which the Guardianship Board must act to include 'good conscience' as is the norm for quasi-judicial boards and tribunals.

 

 

[Hansard 11 November 1999, p 449]

 

 

Act No 72 of 1999, assented to 25 November 1999

 

 

 

 

 

Health Professionals (Special Events Exemption) Act

 

 

This Act provides an administrative method to enable visiting health professionals to legally provide services to visitors participating in special events without local registration. The Minister may make an order declaring a sporting, cultural or other event to be 'special event' for the purposes of the Act.