No 40

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

TUESDAY 25 AUGUST 1998

 

 

1       Meeting of House

The House met pursuant to adjournment.  The Speaker (Hon J K G Oswald) took the Chair and read prayers.

 

2       Conference – Statutes Amendment (Motor Accidents) Bill

The Minister for Education, Children’s Services and Training (Hon M R Buckby) moved - That the sitting of the House be continued during the Conference with the Legislative Council on the Statutes Amendment (Motor Accidents) Bill.

Question put and passed.

 

3       Petition No. 89

The Clerk announced that the following Member had lodged a Petition for presentation:

 

89   Mr Meier, from 1 resident of South Australia, requesting that the House urge the Environment, Resources and Development Committee to investigate the removal of the South Adelaide Creche from the State Heritage Register.

 

4       Answers to questions

Answers to questions on the Notice Paper Nos 148, 158, 159, 164, 168, 178, 179 and 197 were tabled by the Speaker.

 

5       Papers

         The following Papers were tabled:

 

By the Minister for Primary Industries, Natural Resources and Regional Development (Hon R G Kerin) -

               Regulations under the following Acts -

                     Mines and Works Inspection - Principle

                     Mining - Principle

 

          By the Minister for Human Services (Hon D C Brown) -

               Libraries Act - Regulations - Principle

               Development Act - Interim Report on the Operation of City of Prospect - Local Heritage Places Plan Amendment

 

          By the Minister for Education, Children’s Services and Training (Hon M R Buckby) -

               Technical and Further Education Act - Regulations - Vehicles


 

          By the Minister for Environment and Heritage (Hon D C Kotz) -

               Native Vegetation Act - Regulations - Exemptions.

 

6       Public Works Committee - Report – Queen Elizabeth Hospital Intensive Care Redevelopment

Mr Lewis brought up the Seventy-Seventh Report of the Committee on The Queen Elizabeth Hospital Intensive Care Redevelopment.

         Report received.

 

         Ordered to be printed (Paper No 212)

 

7       Questions

         Questions without notice were asked.

 

8       Grievance debate

         The Speaker proposed - That the House note grievances.

         Debate ensued.

         Question put and passed.

 

9       Messages from the Legislative Council

         The following Messages from the Legislative Council were received and read:

 

         City of Adelaide Bill                                                                    Message No 107

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to establish mechanisms to enhance the role of the City of Adelaide as the capital city of South Australia; to make special provision in relation to the local governance of the City of Adelaide; and for other purposes, with the amendments indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

         Legislative Council, 20 August 1998                                                J C Irwin, PRESIDENT

 

              Schedule of the amendments made by the Legislative Council

 

No. 1.   Page 2, lines 10 and 11 (clause 4) - Leave out “the schedule” and insert:

                     schedule 1

 

No. 2.   Page 3, lines 5 to 9 (clause 6) - Leave out this clause and insert the following:

                     Establishment of the Capital City Committee

                                6.  The Capital City Committee is established.

 

No. 3.   Page 6, lines 15 and 16 (clause 14) - Leave out paragraph (a).

 

No. 4.   Page 9, lines 11 and 12 (clause 20) - Leave out subclause (4).

 

No. 5.   Page 9, lines 15 and 16 (clause 20) - Leave out subclause (6) and insert new subclause as follows:

 

                        (6) The following provisions apply in relation to the application of Part 2 of the Local Government Act 1934 to the Council:

 

                          (a)        subsections (1) and (2) operate subject to any change to the composition or representative structure of the Council effected under Part 2 of the Local Government Act 1934 after the seventh anniversary of the relevant day (and until that anniversary no such change can be made by proclamation under that Act); and

 

                          (b)        sections 23 and 24 of the Local Government Act 1934 do not apply in relation to the Council from the commencement of this section until the seventh anniversary of the relevant day; and

 

                          (c)        the Council must conduct a review under section 24 of the Local Government Act 1934 as soon as practicable after the seventh anniversary of the relevant day.

 

No. 6.   Page 9, lines 17 to 34 and page 10, lines 1 to 5 (clause 21) - Leave out the clause.

 

No. 7.   Page 14, lines 34 to 36 and page 15, lines 1 to 14 (clause 32) - Leave out subclause (1) and insert new subclause as follows:

 

                          (1) The Council cannot pass a resolution under section 359(1) or (2) of the Local Government Act 1934 that would have the effect of a prescribed street, road or public place being closed (whether wholly or partially) to vehicles generally or vehicles of a particular class—

 

                          (a)  for a continuous period of more than six months; or

 

                          (b)  for periods that, in aggregate, exceed six months in any 12 month period,

 

                     unless any affected council has given to the Council its prior concurrence in writing to the making of the resolution.

 

No. 8.   Page 15 (clause 32) - After line 15 insert the following:

 

                     “affected council”, in relation to the closure of a prescribed street, road or public place, means a council into the area of which the street, road or public place runs, or a council whose boundary abuts the place to which the street, road or public place runs.

 

No. 9.   Page 16, line 23 (clause 34) - Leave out “2001” and insert:

 

                     2003

 

No. 10. Page 17, lines 8 to 29 (clause 36) - Leave out the clause and insert new clauses as follow:

 

                     Lodging of returns

                     36.  (1)  Every person who is elected as a member of the Adelaide City Council at the election held on the relevant day must, within 30 days after the relevant day, submit to the chief executive officer of the Council a primary return in accordance with schedule 2.

 

                     (2)  Every person who is elected as a member of the Adelaide City Council after the election held on the relevant day (other than a person who is re-elected as a sitting member of the Council) or is appointed as a member of the Council must, within 30 days after election or appointment, submit to the chief executive officer of the Council a primary return in accordance with schedule 2.

 

                     (3)  Every member of the Adelaide City Council must, on or within 60 days after 30 June in each year, submit to the chief executive officer of the Council an ordinary return in accordance with schedule 2.

 

                     (4)  If a member of the Council fails to submit a return to the chief executive officer within the time allowed under this section, the chief executive officer must as soon as practicable notify the member of that fact.

 

                     (5) A notification under subsection (4) must be given by letter sent to the member by registered mail.

 

                     (6)  A member of the Council who submits a return under this section and schedule 2 that is to the knowledge of the member false or misleading in a material particular (whether by reason of information included in or omitted from the return) is guilty of an offence.

 

                     Maximum penalty:  $10 000.

 

                     Creation and inspection of Register

                            36A.  (1)  The chief executive officer of the Council must maintain a Register of Interests and must cause to be entered in the Register all information furnished pursuant to this Division and schedule 2.

 

                            (2)  A member of the Council who has submitted a return under this Division may at any time notify the chief executive officer of a change or variation in the information appearing on the Register in respect of the member or a person related to the member within the meaning of schedule 2.

 

                    (3)  A person is entitled to inspect (without charge) the Register at the principal office of the Council during ordinary office hours.

 

                            (4)  A person is entitled, on payment of a fee fixed by the Council, to a copy of any part of the Register.

 

                            (5)  A person must not publish—

 

                            (a)             information derived from the Register unless the information constitutes a fair and accurate summary of the information contained in the Register and is published in the public interest; or

 

                            (b)             comment on the facts set forth in the Register unless the comment is fair and published in the public interest and without malice.

 

                            (6)  If information or comment is published by a person in contravention of subsection (5), the person, and any person who authorised the publication of the information or comment, is guilty of an offence.

 

                     Maximum penalty:          $10 000.

 


 

                     Interaction with Local Government Act

                            36B. (1) This Division and schedule 2 operate in substitution for Part 8 of the Local Government Act 1934.

 

                            (2)  A reference in another Part of the Local Government Act 1934 to a return under Part 8 of that Act will be taken to be a reference to a return under this Division and schedule 2.

 

No. 11. Page 18 (clause 38) - After line 11 insert the following:

 

                               (2)  Subsection (3) of section 20 applies from the conclusion of the general elections for the Adelaide City Council to be held on the first Saturday of May in 2000 (and any service as Lord Mayor before the conclusion of those elections will be disregarded for the purposes of that subsection).

 

No. 12. Page 19, clause 1 (Schedule) - After line 6 insert the following:

 

                    “closing date” means a closing date under clause 6(1);

 

No. 13. Page 19, clause 1 (Schedule) - After line 7 insert the following:

 

                  “nominated agent” means a person nominated under clause 5 to act as an elector on behalf of a body corporate or group of persons;

 

No. 14. Page 19, lines 10 and 11, clause 1 (Schedule) - Leave out the definition of “polling day” and insert:

 

                       “polling day”, in relation to an election or poll, means the day on which the election or poll is to be held;

 

No. 15. Page 19, lines 13 and 14, clause 1 (Schedule) - Leave out subclause (2).

 

No. 16. Page 19, line 26, clause 3 (Schedule) - Leave out “7 December” and insert:

 

                              12 December

 

No. 17. Page 20, lines 36 to 40, clause 5 (Schedule) - Leave out subclauses (3) and (4) and insert new subclauses as follow:

 

                             (3) A body corporate or a group that is entitled to be enrolled on the voters roll in pursuance of subclause (1)(b) or (c) may, by notice in writing (in the prescribed form and containing the prescribed declarations) lodged with the Council—

 

                               (a)            nominate a natural person to act as an elector on its behalf; or

 

                               (b)            cancel any such nomination previously made and make a fresh nomination in its place,

 

                                              (and any such nomination will take effect from the next closing date under clause 6).

 

                        (4) A person may not be nominated as the nominated agent of a body corporate or a group under subclause (3) unless that person—

 

                                (a)           is of or above the age of majority; and

 

                                (b)          —

 

                                               (i)            in the case of a nomination made by a body corporate—is an officer of the body corporate;

 

                                               (ii)           in the case of a nomination by a group—is a member of the group or an officer of a body corporate that is a member of the group.

 

                                (5)  If the chief executive officer does not, as at 4 p.m. on a closing date, hold a nomination from a body corporate under subclause (3), the body corporate will be taken to have nominated its principal public officer to act as an elector on its behalf.

 

                        (6)  If the chief executive officer does not, as at 4 p.m. on a closing date, hold a nomination from a group under subclause (3), the group will be taken to have nominated, subject to the operation of subclause (7)—

 

                                (a)          if there is only one member of the group who is not enrolled on the relevant voters roll under subclause (1)(a) or (b)—that member of the group;

 

                                (b)          if there are two or more members of the group who are not enrolled on the relevant voters roll under subclause (1)(a) or (b)—that member of the group whose name appears first in the assessment book in respect of the relevant rateable property (disregarding those members who are already enrolled on the relevant voters roll under subclause (1)(a) or (b)).

 

                          (7)  If the relevant member of a group under subclause (6) is a body corporate, the principal public officer of that body corporate will be taken to be the nominee of the group.

 

                          (8)  For the purposes of subclauses (5) and (7), the “principal public officer” of a body corporate will be taken to be the first of the following people who is eligible to be nominated under subclause (4):

 

                                (a)           —

 

                                             (i)          in the case of a company—the company secretary (or, if more than one company secretary, a company secretary (to be taken in alphabetical order));

 

                                             (ii)         in the case of a body corporate (other than a company) that is required to have a public officer—its public officer;

 

                                (b)          a director of the body corporate (to be taken in alphabetical order);

 

                                (c)                      any manager of the body corporate (to be taken or determined in alphabetical order).

 

                                (9)  In determining who is the principal public officer of a body corporate under subclause (8), the chief executive officer may assume that any information supplied to him or her at any time during a period commencing seven weeks before a closing date and ending two weeks after a closing date by a public authority responsible for the registration or incorporation of a particular class of bodies corporate concerning the name, address or age of an officer of a body corporate of that class is current and accurate.

 

                                (10)  If a person is taken to be the nominee of a body corporate or group under subclauses (5) to (9), the chief executive officer must take steps to advise the body corporate or group of that fact in accordance with procedures set out in the regulations.

 

                                (11)  A nomination in force under this clause will be recorded in the voters roll alongside the name of the relevant body corporate or group.

 

                                (12)  A person whose name is recorded in the voters roll under subclause (11) will be regarded as having been enrolled as an elector for the purposes of this Act and the Local Government Act 1934 (and as being a nominated agent for the purposes of the Local Government Act 1934).

 

                                (13)  A nominated agent of a body corporate or group under section 91 of the Local Government Act 1934 immediately before the commencement of this schedule will be taken to have been nominated by the body corporate or group under this clause (until a fresh nomination is made).

 

No. 18. Page 21, line 6, clause 6 (Schedule) - Leave out “fourth Thursday of February and the fourth” and insert:

                     second Thursday of February and the second

 

No. 19. Page 21, line 8, clause 6 (Schedule) - Leave out “must be commenced at least five weeks before a closing date and completed within two” and insert:

                      must be completed within four

 

No. 20. Page 21, lines 10 to 21, clause 6 (Schedule) - Leave out subclauses (3), (4), (5) and (6).

 

No. 21. Page 21, line 26, clause 6 (Schedule) - Leave out “at least five weeks before” and insert:

                      within 14 days after

 

No. 22. Page 21, line 27, clause 6 (Schedule) - Leave out “date of supply” and insert:

                      closing date

 

No. 23. Page 21, lines 33 to 35, clause 6 (Schedule) - Leave out subclause (10).


 

No. 24. Page 22, lines 3 to 34, clause 7 (Schedule) - Leave out this clause and insert new clause as follows:

                    Entitlement to vote

                   7.  (1)  A natural person whose name appears in the voters roll used for an election or poll as an elector in his or her own right or as a nominated agent is entitled to vote at that election or poll.

 

                          (2)  If an elector’s name appears in the voters roll used for an election or poll both as an elector in his or her own right and as a nominated agent, the elector is entitled to vote at the election or poll both in his or her own right and as a nominated agent.

 

                          (3)  If an elector’s name appears in the voters roll used for an election or poll as a nominated agent under a number of separate nominations, the elector is entitled to vote at the election or poll in respect of each of those nominations.

 

                          (4)  If a person is entitled to vote at an election or poll in more than one capacity, the provisions of this schedule (and, insofar as is relevant, the Local Government Act 1934) will be construed so that they may apply to the person distinctively in relation to each such capacity.

 

                          (5)  A person whose name has been omitted in error from a voters roll used for an election or poll is, subject to this schedule, entitled to vote at the election or poll as if the error had not occurred.

 

                   (6)  Subject to a preceding subclause, an entitlement to vote operates on the basis of—

 

                     (a)  if the area of the Council is divided into wards—one vote for each ward for which the person is enrolled; and

 

              (b)if relevant—one vote for the area of the Council as a whole in a particular election.

 

                          (7)  If a person is entitled to vote in more than one ward, the person is still only entitled to one vote for the area of the Council as a whole.

 

No. 25. Page 23, lines 1 to 6, clause 8 (Schedule) - Leave out paragraphs (b), (c) and (d) and insert:

                      (b)       the person’s name has been omitted in error from the voters roll for the area.

 

No. 26. Page 23, lines 7 to 11, clause 8 (Schedule) - Leave out subclause (2).

 

No. 27. Page 23, line 14, clause 9 (Schedule) - Leave out “(or, in the case of a nominee of a body corporate or group, be nominated)”.

 

No. 28. Page 23, lines 20 to 22, clause 9 (Schedule) - Leave out subclause (3).


 

No. 29. Page 23, line 23, to page 26, line 8 (Schedule) - Leave out clauses 10 to 17 and insert the following:

                                                                           PART 5

                                                                  ADVANCE VOTING

 

                     Special provisions

                        10.  (1)  An envelope used for the purposes of advance voting for the City of Adelaide under section 106 of the Local Government Act 1934 must bear—

 

                                (a)           one declaration in the prescribed form, to be completed by the voter, to the effect—

 

                                        (i)   that the voter is of or above the age of majority; and

 

                                        (ii)   that the ballot paper contained in the envelope contains his or her vote; and

 

                                        (iii)  that he or she has not already voted at the election or poll; or

 

                                (b)          two declarations in the prescribed form, to be completed by the voter—

 

                                        (i)   one being a declaration in which the voter sets out the grounds on which he or she claims to be entitled to vote; and

 

                                        (ii)   the other being the declaration referred to in paragraph (a).

 

             (2)  Advance voting papers issued pursuant to section 106(4) of the Local Government Act 1934 must—

 

                    (a)         in the case of an applicant whose name appears in the voters roll—include an envelope of the kind referred to in subclause (1)(a); or

 

                    (b)        in the case of an applicant whose name does not appear in the voters roll—include an envelope of the kind referred to in subclause (1)(b).

 

             (3)  A witness is not required for the purposes of advance voting for the City of Adelaide.

 

                     (4)  The returning officer may make arrangements for the confidential scrutiny of envelopes returned to electoral officers for the purposes of advance voting before the envelopes are deposited in sealed ballot boxes.

 

                     Advance voting not to be generally used

                                11.  Voting at an election or poll for the City of Adelaide cannot be conducted entirely by the use of advance voting papers under section 106a of the Local Government Act 1934.

 

No. 30. Page 27, lines 3 to 36, clause 19 (Schedule) - Leave out the clause.


 

No. 31. Page 28 (Schedule) - After line 12 insert new clauses as follow:

                                                                                    PART 8

                                                                                    COMPULSORY VOTING

 

                     Compulsory voting

                                22.  (1)  Subject to this clause, it is the duty of every elector to record his or her vote at each election for the Council for which the elector is entitled to vote.

 

                                (2)  An elector who leaves the ballot paper unmarked but who otherwise observes the formalities of voting is not in breach of the duty imposed by subclause (1).

 

                                (3)  In the case of a body corporate or group of persons who are enrolled under clause 5(1), the duty is imposed on the nominated agent (rather than the body corporate or group).

 

                                (4)  Within the prescribed period after the close of each election, the returning officer must send by post to each elector who appears not to have voted at the election a notice, in the prescribed form—

 

                                (a)           notifying the elector that he or she appears to have failed to vote at the election and that it is an offence to fail to vote at an election without a valid and sufficient reason; and

 

                                (b)          calling on him or her to show cause why proceedings for failing to vote at the election without a valid and sufficient reason should not be instituted against him or her,

 

                     but the returning officer, if satisfied that the elector is dead or had a valid and sufficient reason for not voting, need not send such a notice.

 

                                (5)  Before sending any such notice, the returning officer must insert in the notice a date, not being less than 21 days after the date of posting of the notice, on which the form attached to the notice, duly filled up and signed by the elector, is to be in the hands of the returning officer.

 

                                (6)  Every elector to whom a notice under this clause has been sent must complete the form at the foot of the notice by stating in it the reasons (if any) why proceedings for failing to vote at the election should not be instituted against him or her, sign the form and return it to the returning officer not later than the date inserted in the notice.

 

                                (7)  If an elector is absent or unable, by reason of physical incapacity, to complete, sign and return the form, within the time allowed under subclause (5), any other person who has personal knowledge of the facts may complete, sign and return the form, duly witnessed, within that time, and, in that case, the elector will be taken to have complied with subclause (6).


 

                                (8)  An elector must not—

 

                                (a)          fail to vote at an election without a valid and sufficient reason for the failure; or

 

                                (b)          on receipt of a notice under subclause (4), fail to complete, sign and return the form (duly witnessed) that is attached to the notice within the time allowed under subclause (5).

 

                     Maximum penalty:          $50.

                     Expiation fee:                     $10.

 

                                (9)  An elector has a valid and sufficient reason for failing to vote at an election if—

 

                                (a)           the elector was ineligible to vote at the election; or

 

                                (b)          the elector was absent from the State on polling day; or

 

                                (c)           the elector had a conscientious objection, based on religious grounds, to voting at the election; or

 

                                (d)           in a case where the elector is the nominated agent of a body corporate or group of persons under clause 5—the elector did not know, and could not reasonably be expected to have known, that he or she had been nominated under that clause;

 

                                (e)           there is some other proper reason for the elector’s failure to vote.

 

                                (10)  A prosecution for an offence against this clause—

 

                                (a)          cannot be commenced except by the returning officer or an officer authorised in writing by the returning officer;

 

                                (b)          in the case of a prosecution for failing to vote at an election or failing to return a notice to the returning officer in accordance with subclause (5)—may be commenced at any time within 12 months of polling day.

 

                                (11)  In proceedings for an offence against this clause—

 

                                (a)          a certificate apparently signed by the returning officer certifying that an officer named in the certificate was authorised to commence the prosecution will, in the absence of proof to the contrary, be accepted as proof of that authority;

 

                                (b)          a certificate apparently signed by an officer certifying that the defendant failed to vote at a particular election will be accepted as proof of that failure to vote in the absence of proof to the contrary;

 

                                (c)          a certificate apparently signed by an officer certifying that a notice under subclause (4) was posted to an elector, at the address appearing on the voters roll or at a postal address provided by the elector, on a date specified in the certificate, will be accepted, in the absence of proof to the contrary, as proof—

 

                                        (i)               that the notice was duly sent to the elector on that date; and

 

                                        (ii)              that the notice complied with the requirements of this clause; and

 

                                        (iii)             that it was received by the elector on the date on which it would, in the ordinary course of post, have reached the address to which it was posted;

 

                                (d)          a certificate apparently signed by an officer certifying that the defendant failed to return a form under this clause to the returning officer within the time allowed under subclause (5) will be accepted, in the absence of proof to the contrary, as proof of the failure to return the form within that time.

 

                     Form of ballot paper

                                23.  The following statement must be printed at the top of every ballot paper for an election for the City of Adelaide so as to be clearly legible by the voter:

 

                    You may leave the ballot paper unmarked if you do not wish to register an actual vote in this election.

 

No. 32. Page 28 (Schedule) - After line 12 insert new clauses and Heading as follow:

                                                                                    PART 9

                                               CAMPAIGN DONATIONS AND EXPENDITURE

 

                                                            DIVISION 1—PRELIMINARY

 

                     Interpretation

                                24. In this Part—

 

                    “disposition of property” means a conveyance, transfer, assignment, settlement, delivery, payment or other alienation of property, and includes—

 

                                              (a)        the allotment of shares in a company; and

 

                                              (b)        the creation of a trust in property; and

 

                                               (c)        the grant or creation of a lease, mortgage, charge, servitude, licence, power or partnership or any interest in property; and

 

                                              (d)        the release, discharge, surrender, forfeiture or abandonment, at law or in equity, of a debt, contract or chose in action or any interest in property; and

 

                                              (e)        the exercise by a person of a general power of appointment of property in favour of another person; and


 

                                              (f)         a transaction entered into by a person with intent thereby to diminish, directly or indirectly, the value of the person’s own property and to increase the value of the property of another person;

 

                      “electoral advertisement” means an advertisement containing electoral material;

 

                    “electoral material” means an advertisement, notice, statement or representation calculated to affect the result of an election or poll;

 

                    “gift” means a disposition of property made by a person to another person, otherwise than by will, being a disposition made without consideration in money or money’s worth or with inadequate consideration, and includes the provision of a service (other than volunteer labour) for no consideration or for inadequate consideration;

 

                    “journal” means a newspaper, magazine or other periodical, whether published for sale or for distribution without charge;

 

                                              “property” includes money;

 

                    “registered industrial organisation” means an organisation registered under the Industrial and Employee Relations Act 1994 or under a law of the Commonwealth or another State or a Territory concerning the registration of industrial organisations.

 

                                                                                    DIVISION 2—RETURNS

 

                     Returns for candidates

                        25  (1) A  person who is a candidate for election to an office of the Adelaide City Council must, within six weeks after the conclusion of the election, furnish to the chief executive officer of the Council, in accordance with the requirements of this Part—

 

                                (a)           a campaign donations return under this Division; and

 

                                (b)          a campaign expenditure return under this Division.

 

             (2)  The returns must be in the prescribed form and completed in the prescribed manner.

 

                     Campaign donations returns

                        26.  (1)  Subject to this clause, a campaign donations return for a candidate for election to an office of the Adelaide City Council must set out—

 

                                (a)          the total amount or value of all gifts received by the candidate during the disclosure period; and

 

                                (b)          the number of persons who made those gifts; and

 

                                (c)           the amount or value of each gift; and

 

                                (d)           the date on which each gift was made; and


 

                                (e)                      in the case of each gift made on behalf of the members of an unincorporated association, other than a registered industrial organisation—

 

                                               (i)         the name of the association; and

 

                                               (ii)         the names and addresses of the members of the executive committee (however described) of the association; and

 

                                (f)           in the case of each gift purportedly made out of a trust fund or out of the funds of a foundation—

 

                                               (i)         the names and addresses of the trustees of the fund or of the funds of the foundation; and

 

                                               (ii)         the title or other description of the trust fund or the name of the foundation, as the case requires; and

 

                                (g)          in the case of each other gift—the name and address of the person who made the gift.

 

           (2)  A campaign donations return need not set out any details required by subclause (1) in respect of—

 

                    (a)         a private gift made to the candidate; or

 

                    (b)        a gift if the amount or value of the gift is less than $500.

 

                                (3)  For the purposes of this clause—

 

                    (a)         subject to paragraph (b), the disclosure period is the period that commenced—

 

                                (i)     in relation to a candidate in an election who was a new candidate (other than a candidate referred to in subparagraph (ii))—12 months before polling day for the election;

 

                                (ii)     in relation to a candidate in an election who was a new candidate and when he or she became a candidate in the election was a member of the Council by virtue of having been appointed under the Local Government Act 1934—on the day on which the person was so appointed as a member of the Council;

 

                                (iii)    in relation to a candidate in an election who was not a new candidate—at the end of 30 days after polling day for the last preceding election in which the person was a candidate,

 

                                and that ended, in any of the above cases, at the end of 30 days after polling day for the election;

 

                    (b)        for the purposes of the general election held under clause 3(1), the disclosure period for a candidate in the election is the period that commences on the day on which this Part comes into operation and that ends at the end of 30 days after polling day for the election;

 

                    (c)         a candidate is a new candidate, in relation to an election, if the person had not been a candidate in the last general election of the Council and had not been elected at a supplementary election held after the last general election of the Council;

 

                    (d)         two or more gifts (excluding private gifts) made by the same person to a candidate during the disclosure period are to be treated as one gift;

 

                    (e)         a gift made to a candidate is a private gift if it is made in a private capacity to the candidate for his or her personal use and the candidate has not used, and will not use, the gift solely or substantially for a purpose related to an election.

 

                            (4)  If no details are required to be included in a return under this clause for a candidate, the return must nevertheless be lodged and must include a statement to the effect that no gifts of a kind required to be disclosed were received.

 

                     Campaign expenditure return

                                27.  (1)  Subject to this clause, a campaign expenditure return for a candidate for election to an office of the Adelaide City Council must set out details of all campaign expenditure in relation to the election incurred by or with the authority of the candidate.

 

                        (2)  For the purposes of this clause, campaign expenditure, in relation to an election, is expenditure incurred on—

 

                                (a)           the broadcasting of an electoral advertisement relating to the election; or

 

                                (b)          the publishing in a journal of an electoral advertisement relating to the election; or

 

                                (c)          the display at a theatre or other place of entertainment, of an electoral advertisement relating to the election; or

 

                                (d)          the production of an electoral advertisement relating to the election, being an advertisement that is broadcast, published or displayed as mentioned in paragraph (a), (b) or (c); or

 

                                (e)          the production of any material (not being material referred to in paragraph (a), (b) or (c)) that is required under section 133 of the Local Government Act 1934 to include the name and address of the author of the material or of the person who is the printer of the material (in the case of printed electoral material); or

 

                                (f)           consultants’ or advertising agents’ fees in respect of—

 

                                              (i)         services relating to the election; or

 

                                                          (ii) material relating to the election; or

 

                                (g)          the carrying out of an opinion poll, or other research, relating to the election; or

 

                                (h)          the production and distribution of electoral material that is addressed to particular persons or organisations; or

 

                                (i)            other matters or items of a prescribed kind.

 

                                (3)  If a candidate incurred campaign expenditure of a total amount not exceeding $500 in relation to an election (or incurred no campaign expenditure), the return may be lodged as a “Nil” return.

 

                     Certain gifts not to be received

                                28.  (1)  It is unlawful for a member of the Adelaide City Council to receive a gift made to or for the benefit of the member the amount or value of which is not less than $500 unless—

 

                                (a)          the name and address of the person making the gift are known to the member; or

 

                                (b)          at the time when the gift is made, the person making the gift gives to the member his or her name and address and the member has no grounds to believe that the name and address so given are not the true name and address of the person making the gift.

 

                                (2)  It is unlawful for a candidate in an election, or a person acting on behalf of a candidate in an election, to an office of the Adelaide City Council to receive a gift made to or for the benefit of the candidate the amount or value of which is not less than $500 unless—

 

                                (a)          the name and address of the person making the gift are known to the person receiving the gift; or

 

                                (b)          at the time when the gift is made, the person making the gift gives to the person receiving the gift his or her name and address and the person receiving the gift has no grounds to believe that the name and address so given are not the true name and address of the person making the gift.

 

                                (3)  For the purposes of this clause—

 

                                (a)          a reference to a gift made by a person includes a reference to a gift made on behalf of the members of an unincorporated association;

 

                                (b)          a reference to the name and address of a person making a gift is—

 

                                               (i)          in the case of a gift made on behalf of the members of an unincorporated association, other than a registered industrial organisation—a reference to—

 

                                        (A)     the name of the association; and

 

                                        (B)     the names and addresses of the members of the executive committee (however described) of the association; and

 

                                               (ii)         in the case of a gift purportedly made out of a trust fund or out of the funds of a foundation—a reference to—

 

                                        (A)     the names and addresses of the trustees of the fund or of the funds of the foundation; and

 

                                        (B)     the title or other description of the trust fund or the name of the foundation, as the case requires;

 

                                (c)          a person who is a candidate in an election is to be taken to remain a candidate for 30 days after the polling day for the election;

 

                                (d)          a reference to a candidate in an election includes a reference to a person who is already a member of the Council.

 

                                (4)  If a person receives a gift that, by virtue of this clause, it is unlawful for the person to receive, an amount equal to the amount or value of the gift is payable by that person to the Crown and may be recovered by the Crown as a debt by action, in a court of competent jurisdiction, against the person.

 

                     Inability to complete returns

                        29.  If a person who is required to furnish a return under this Division considers that it is impossible to complete the return because he or she is unable to obtain particulars that are required for the preparation of the return, the person may—

 

                                (a)          prepare the return to the extent that it is possible to do so without those particulars; and

 

                                (b)          furnish the return so prepared; and

 

                                (c)           give to the chief executive officer notice in writing—

 

                                               (i)       identifying the return; and

 

                                               (ii)      stating that the return is incomplete by reason that he or she is unable to obtain certain particulars; and

 

                                               (iii)     identifying those particulars; and

 

                                               (iv)       setting out the reasons why he or she is unable to obtain those particulars; and

 

                                               (v)       if the person believes, on reasonable grounds, that another person whose name and address he or she knows can give those particulars—stating that belief and the reasons for it and the name and address of that other person,

 

                     and a person who complies with this clause is not, by reason of the omission of those particulars, to be taken, for the purposes of this Division, to have furnished a return that is incomplete.


 

                     Amendment of returns

                                30.  (1)  A person who has furnished a return under this Division may request the permission of the chief executive officer to make a specified amendment of the return for the purpose of correcting an error or omission.

 

                                (2)  A request under subclause (1) must—

 

                                (a)          be by notice in writing signed by the person making the request; and

 

                                (b)          be lodged with the chief executive officer.

 

                                (3)  If—

 

                                (a)           a request has been made under subclause (1); and

 

                                (b)          the chief executive officer is satisfied that there is an error in, or omission from, the return to which the request relates,

 

                     the chief executive officer must amend the return, or permit the person making the request to amend the return, in accordance with the request.

 

                        (4)  The amendment of a return under this clause does not affect the liability of a person to be convicted of an offence arising out of the furnishing of the return.

 

                     Offences

                                31.  (1) A person who fails to furnish a return that the person is required to furnish under this Division within the time required by this Division is guilty of an offence.

 

                     Maximum penalty:  $10 000.

 

                                (2)  A person who furnishes a return or other information—

 

                    (a)         that the person is required to furnish under this Division; and

 

                    (b)        that contains a statement that is, to the knowledge of the person, false or misleading in a material particular,

 

                     is guilty of an offence.

 

                     Maximum penalty:  $10 000.

 

                                (3)  A person who furnishes to another person who is required to furnish a return under this Division information—

 

                                (a)          that the person knows is required for the purposes of that return; and

 

                                (b)          that is, to that person’s knowledge, false or misleading in a material particular,

 

                     is guilty of an offence.

 

                     Maximum penalty:  $10 000.

 

                                (4)  An allegation in a complaint that a specified person had not furnished a return of a specified kind as at a specified date will be taken to have been proved in the absence of proof to the contrary.

 

                     Failure to comply with Division

                                32.  (1)  If a person who is required to furnish a return under this Division fails to submit the return within the time required by this Division, the chief executive officer must as soon as practicable notify the person of that fact.

 

                                (2)  A notification under subclause (1) must be given by letter sent to the person by registered mail.

 

                                (3)  A failure of a person to comply with a provision of this Division in relation to an election does not invalidate that election.

 

                                                                                    DIVISION 3—PUBLIC ACCESS TO INFORMATION

 

                     Public inspection of returns

                                33.  (1)  The chief executive officer of the Adelaide City Council must keep at the principal office of the Council each return furnished to the chief executive officer under Division 2.

 

                                (2)  Subject to this clause, a person is entitled to inspect a copy of a return under Division 2, without charge, during ordinary business hours at the principal office of the Council.

 

                                (3)  Subject to this clause, a person is entitled, on payment of a fee fixed by the Council, to obtain a copy of a return under Division 2.

 

                                (4)  A person is not entitled to inspect or obtain a copy of a return until the end of eight weeks after the day before which the return was required to be furnished to the chief executive officer.

 

                     Restrictions on publication

                            34.  (1)  A person must not publish—

 

                            (a)    information derived from a return under Division 2 unless the information constitutes a fair and accurate summary of the information contained in the return and is published in the public interest; or

 

                            (b)   comment on the facts set forth in a return under Division 2 unless the comment is fair and published in the public interest and without malice.

 

                                (2)  If information or comment is published by a person in contravention of subclause (1), the person, and any person who authorised the publication of the information or comment, is guilty of an offence.

 

                     Maximum penalty:  $10 000.


 

                                                                                    DIVISION 4—RELATED MATTERS

 

                     Requirement to keep proper records

                            35.  (1)  A person must take reasonable steps to keep in his or her possession all records relevant to completing a return under this Part.

 

                    Maximum penalty:           $5 000.

 

                            (2)  A person must keep a record under subclause (1) for at least two years after the date on which the relevant return is required to be furnished to the chief executive officer of the Council under this Part.

 

                    Maximum penalty:           $5 000.

 

                     Related matters

                            36.  (1)  For the purposes of this Part, the amount or value of a gift consisting of or including a disposition of property other than money is, if the regulations so provide, to be determined in accordance with principles set out or referred to in the regulations.

 

                            (2)  For the purposes of this Part—

 

                                 (a)        a body corporate and any other body corporate that is related to the first mentioned body corporate is to be taken to be the same person; and

 

                                 (b)        the question whether a body corporate is related to another body corporate is to be determined in the same manner as under the Corporations Law.

 

                            (3)  For the purposes of this Part, an act performed by a person or committee appointed or formed to assist the campaign of a candidate in an election will be taken to be an act performed by the candidate.

 

No. 33. Page 28 - After line 12 insert new Schedule as follows:

                                                                      SCHEDULE 2

                                                     Register of Interests—Form of returns

 

                     Interpretation

                            1.  (1)  In this schedule, unless the contrary intention appears—

 

                            “beneficial interest” in property includes a right to re-acquire the property;

 

                                              “family”, in relation to a council member, means—

 

                                (a)          a spouse of the member; and

 

                                (b)          a child of the member who is under the age of 18 years and normally resides with the member;

 

                            “family company” of a council member means a proprietary company—

 

                                (a)          in which the member or a member of the member’s family is a shareholder; and

 

                                (b)          in respect of which the member or a member of the member’s family, or any such persons together, are in a position to cast, or control the casting of, more than one‑half of the maximum number of votes that might be cast at a general meeting of the company;

 

                     “family trust” of a council member means a trust (other than a testamentary trust)—

 

                                (a)          of which the member or a member of the member’s family is a beneficiary; and

 

                                (b)          which is established or administered wholly or substantially in the interests of the member or a member of the member’s family, or any such persons together;

 

                                              “financial benefit”, in relation to a person, means—

 

                                (a)          any remuneration, fee or other pecuniary sum exceeding $1 000 received by the person in respect of a contract of service entered into, or paid office held by, the person; and

 

                                (b)          the total of all remuneration, fees or other pecuniary sums received by the person in respect of a trade, profession, business or vocation engaged in by the person where that total exceeds $1 000,

 

                            but does not include an annual allowance, fees, expenses or other financial benefit payable to the person under this Act or the Local Government Act 1934;

 

                            “gift” means a transaction in which a benefit of pecuniary value is conferred without consideration or for less than adequate consideration, but does not include an ordinary commercial transaction or a transaction in the ordinary course of business;

 

                            “income source”, in relation to a person, means—

 

                                (a)          any person or body of persons with whom the person entered into a contract of service or held any paid office; and

 

                                (b)          any trade, vocation, business or profession engaged in by the person;

 

                            “a person related to a member” means—

 

                                (a)          a member of the member’s family;

 

                                (b)          a family company of the member;

 

                                (c)          a trustee of a family trust of the member;

 

                            “return period”, in relation to an ordinary return of a council member, means—

 

                                (a)          in the case of a member whose last return was a primary return—the period between the date of the primary return and 30 June next following; and

 

                                (b)          in the case of any other member—the period of 12 months expiring on 30 June on or within 60 days after which the ordinary return is required to be submitted;

 

                            “spouse” includes putative spouse (whether or not a declaration of the relationship has been made under the Family Relationships Act 1975);

 

                            “trade or professional organisation” means a body, corporate or unincorporate, of—

 

                                (a)          employers or employees; or

 

                                (b)          persons engaged in a profession, trade or other occupation,

 

                            being a body of which the object, or one of the objects, is the furtherance of its own professional, industrial or economic interests or those of any of its members.

 

                                (2)  For the purposes of this schedule, a person who is an object of a discretionary trust is to be taken to be a beneficiary of that trust.

 

                                (3)  For the purposes of this schedule, a person is an investor in a body if—

 

                                (a)          the person has deposited money with, or lent money to, the body that has not been repaid and the amount not repaid equals or exceeds $10 000; or

 

                                (b)          the person holds, or has a beneficial interest in, shares in, or debentures of, the body or a policy of life insurance issued by the body.

 

                                (4)  For the purposes of this schedule, in relation to a return by a council member—

 

                                (a)          two or more separate contributions made by the same person for or towards the cost of travel undertaken by the member or a member of the member’s family during the return period are to be treated as one contribution for or towards the cost of travel undertaken by the member;

 

                                (b)          two or more separate gifts received by the member or a person related to the member from the same person during the return period are to be treated as one gift received by the member;

 

                                (c)          two or more separate transactions to which the member or a person related to the member is a party with the same person during the return period under which the member or a person related to the member has had the use of property of the other person (whether or not being the same property) during the return period are to be treated as one transaction under which the member has had the use of property of the other person during the return period.


 

                     Contents of return

                                2.  (1)  For the purposes of this Act, a primary return must be in the prescribed form and contain the following information:

 

                                (a)          a statement of any income source that the council member required to submit the return or a person related to the member has or expects to have in the period of 12 months after the date of the primary return; and

 

                                (b)          the name of any company, or other body, corporate or unincorporate, in which the council member or a member of his or her family holds any office whether as director or otherwise; and

 

                                (c)           the information required by subclause (3).

 

                                (2)  For the purposes of this Act, an ordinary return must be in the prescribed form and contain the following information:

 

                            (a)          if the council member required to submit the return or a person related to the member received, or was entitled to receive, a financial benefit during any part of the return period—the income source of the financial benefit; and

 

                                (b)          if the council member or a member of his or her family held an office whether as director or otherwise in any company or other body, corporate or unincorporate, during the return period—the name of the company or other body; and

 

                                (c)          the source of any contribution made in cash or in kind of or above the amount or value of $750 (other than any contribution by the Council, by the State, by an employer or by a person related by blood or marriage) for or towards the cost of any travel beyond the limits of South Australia undertaken by the council member or a member of his or her family during the return period, and for the purposes of this paragraph “cost of travel” includes accommodation costs and other costs and expenses associated with the travel; and

 

                                (d)          particulars (including the name of the donor) of any gift of or above the amount or value of $750 received by the council member or a person related to the member during the return period from a person other than a person related by blood or marriage to the member or to a member of the member’s family; and

 

                                (e)          if the council member or a person related to the member has been a party to a transaction under which the member or person related to the member has had the use of property of the other person during the return period and—

 

                                               (i)          the use of the property was not acquired for adequate consideration or through an ordinary commercial transaction or in the ordinary course of business; and

 

                                               (ii)        the market price for acquiring a right to such use of the property would be $750 or more; and

 

                                               (iii)      the person granting the use of the property was not related by blood or marriage to the member or to a member of the member’s family—

 

                                                          the name and address of that person; and

 

                                (f)           the information required by subclause (3).

 

                                 (3)  For the purposes of this Act, a return (whether primary or ordinary) must contain the following information:

 

                                (a)          the name or description of any company, partnership, association or other body in which the council member required to submit the return or a person related to the member is an investor; and

 

                                (b)          the name of any political party, any body or association formed for political purposes or any trade or professional organisation of which the council member is a member; and

 

                                (c)          a concise description of any trust (other than a testamentary trust) of which the council member or a person related to the member is a beneficiary or trustee (including the name and address of each trustee); and

 

                                (d)          the address or description of any land in which the council member or a person related to the member has any beneficial interest other than by way of security for any debt; and

 

                                (e)          any fund in which the council member or a person related to the member has an actual or prospective interest to which contributions are made by a person other than the member or a person related to the member; and

 

                                (f)           if the council member or a person related to the member is indebted to another person (not being related by blood or marriage to the member or to a member of the member’s family) in an amount of or exceeding $7 500—the name and address of that other person; and

 

                                (g)          if the council member or a person related to the member is owed money by a natural person (not being related to the member or a member of the member’s family by blood or marriage) in an amount of or exceeding $10 000—the name and address of that person; and

 

                                (h)          any other substantial interest whether of a pecuniary nature or not of the council member or of a person related to the member of which the member is aware and which he or she considers might appear to raise a material conflict between his or her private interest and the public duty that he or she has or may subsequently have as a member.

 

                            (4)  A council member is required by this clause only to disclose information that is known to the member or ascertainable by the member by the exercise of reasonable diligence.

 

                            (5)  Nothing in this clause requires a council member to disclose information relating to a person as trustee of a trust unless the information relates to the person in the person’s capacity as trustee of a trust by reason of which the person is related to the member

 

                     (6)  A council member may include in a return such additional information as the member thinks fit.

 

                            (7)  Nothing in this clause will be taken to prevent a council member from disclosing information required by this clause in such a way that no distinction is made between information relating to the member personally and information relating to a person related to the member.

 

                            (8)  Nothing in this clause requires disclosure of the actual amount or extent of a financial benefit, gift, contribution or interest.

 

                                                              J M Davis CLERK OF THE LEGISLATIVE COUNCIL

 

         Ordered - That the Message be taken into consideration on motion.

 

Tobacco Products Regulation (Dissolution of Sports, Promotion, Cultural and Health Advancement Trust) Amendment Bill                                                                          Message No 108

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Tobacco Products Regulation Act 1997, to which it desires the concurrence of the House of Assembly.

         Legislative Council, 20 August 1998                                                J C Irwin, PRESIDENT

 

         Bill read a first time.

 

The Minister for Education, Children’s Services and Training moved - That this Bill be now read a second time.

         Ordered, on motion of Mr Atkinson, that the debate be adjourned until tomorrow.

 

10      Statutes Amendment (Fine Enforcement) Bill

Order of the Day read for the adjourned debate on the question - That this Bill be now read a second time.

Debate resumed.

         Question put and passed.

 

         Bill read a second time.

 

In Committee

                                                Clauses Nos 1 to 15 agreed to.

                                                New clause 15A inserted.

                                                Clauses Nos 16 to 23 agreed to.

                                                Clause No 24 amended.

         Question – That the clause as amended be agreed to – put.


 

         Division, only one Noe

Question put and the House proceeded to a division, but only one Member appearing on the side of the Noes, the Chairman declared the Ayes had it.

So it was resolved in the affirmative.

                                         Clause as amended agreed to.

                                         Clauses Nos 25 to 44 agreed to.

                                         Schedule agreed to.

                                         Title agreed to.

____________

 

         The House having resumed:

Hon D C Wotton reported that the Committee had considered the Bill referred to it and had agreed to the same with amendments.

 

Bill read a third time and passed.

 

11      City of Adelaide Bill

Ordered - That consideration of Message No 107 from the Legislative Council be now resumed.

 

In Committee

         Resolved - That Amendments Nos 1 to 11 be agreed to.

Resolved – That Amendments Nos 12 to 31 be disagreed to and alternative amendments be made in lieu of Amendments Nos 16 and 19 to 21.

Resolved – That Amendments Nos 32 and 33 be agreed to.

____________

 

         The House having resumed:

Hon D C Wotton reported that the Committee had considered the amendments referred to it and had agreed to Amendments Nos 1 to 11 and 32 and 33 without amendment and had disagreed to Amendments Nos 12 to 31 and made alternative amendments in lieu of Amendments Nos 16 and 19 to 21.

 

12      Message from the Legislative Council

         The following Message from the Legislative Council was received and read:

 

         Local Government (Miscellaneous) Amendment Bill                  Message No 109

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Local Government Act 1934, without any amendment.

         Legislative Council, 25 August 1998                                                J C Irwin, PRESIDENT


 

13      Local Government Finance Authority (Board Membership) Amendment Bill

Order of the Day read for the adjourned debate on the question - That this Bill be now read a second time.

Debate resumed.

         Question put and passed.

 

         Bill read a second time.

 

In Committee

                                                Clauses Nos 1 to 4 agreed to.

                                                New clause No 4a inserted.

                                                Clauses Nos 5 and 6 agreed to.

                                                Title agreed to.

____________

 

         The House having resumed:

Hon D C Wotton reported that the Committee had considered the Bill referred to it and had agreed to the same with an amendment.

 

Bill read a third time and passed.

 

14      Message from the Legislative Council

         The following Message from the Legislative Council was received and read:

 

         Liquor Licensing (Licence Fees) Amendment Bill                      Message No 110

MR SPEAKER - The Legislative Council has agreed to the amendments made by the House of Assembly in the Liquor Licensing (Licence Fees) Amendment Bill, without any amendment.

         Legislative Council, 25 August 1998                                                J C Irwin, PRESIDENT

 

15      Adjournment

The Minister for Local Government (Hon M K Brindal) moved - That the House do now adjourn.

         Debate ensued.

         Question put and passed.

         House adjourned at 5.54 pm until tomorrow at 2.00 pm.

 

____________

 

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

         For Wednesday 26 August 1998

 

Notice of Motion: Standing Committee Reports -

 

Mr Lewis to move – That the Seventy-Seventh Report of the Public Works Committee on the Queen Elizabeth Hospital Intensive Care Redevelopment be noted.


 

         For Thursday 27 August 1998

 

Notice of Motion: Other Motions –

 

Mr Wright to move – That this House calls on the Minister for Aboriginal Affairs to convene a meeting of the Aboriginal Lands Trust Parliamentary Committee forthwith.

 

____________

 

 

         Present during the day - All Members.

 

 

 

 

 

                                                                                                            J K G Oswald

                                                                                                            SPEAKER

 

G D Mitchell

CLERK OF THE HOUSE OF ASSEMBLY