No 44

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

TUESDAY 3 AUGUST 1999

 

 

1       Meeting of House

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

 

2       Petitions Nos 74 and 75

         The Clerk announced that the following Members had lodged Petitions for presentation:

 

74   The Minister for Education, Children’s Services and Training (Hon M R Buckby), from 3601 residents of South Australia, requesting that the House urge the Government not to allow the rationalisation of race meetings at the Gawler Racecourse as proposed by the Racing Industry Development Authority, Venue Rationalisation Study Report.

75   Ms Rankine, from 70 residents of South Australia, requesting that the House urge the Government to install traffic signals at the intersection of The Grove Way and Bridge Road at Salisbury East.

 

3       Papers

         The Speaker laid on the Table the following report:

 

      Police Complaints Authority – Report, 1997-98.

 

4       Answers to questions

Answers to questions on the Notice Paper Nos 102, 123 and 170 were tabled by the Speaker.

 

5       Papers

         The following Papers were tabled:

 

By the Premier (Hon J W Olsen) –

      Emergency Services Funding Act – Levy Notice

 

By the Minister for Primary, Industries, Natural Resources and Regional Development

(Hon R G Kerin) -

      Animal and Plant Control Commission – Report, 1998

 

      Animal and Plant Control (Agricultural Protection and other Purposes) Act – Regulations - Variation

 

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

      Chiropody Board of South Australia – Report, 1998-99

      Transport South Australia, Lease of Properties – Approvals, 1998-99

 

By the Minister for Government Enterprises (Hon M H Armitage) –

      Regulations under the following Acts -

      Freedom of Information – Exempt Agencies

      Industrial and Employee Relations – Declared Employer

 

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

      University of South Australia – Report, 1998

 

      Regulations under the following Acts –

            Electricity Corporation (Restructuring and Disposal) - Leigh Creek Mining

            Public Corporations-

                  Distribution Lessor Corporation

                  Generator Lessor Corporation

            Technical and Further Education – Miscellaneous

 

By the Minister for Industry and Trade (Hon I F Evans) –

      Rules of Court – District Court – District Court Act – Criminal Assets

 

By the Minister for Recreation, Sport and Racing (Hon I F Evans) –

      Rules of Racing – Racing Act – Bookmakers Licensing Fees.

 

6       Questions

Questions without notice were asked.

 

7       Grievance debate

The Speaker proposed - That the House note grievances.

Debate ensued.

Question put and passed.

 

8       Select Committee on a Heroin Rehabilitation Trial  – Leave to sit

Mr Hamilton-Smith, by leave, moved – That the Select Committee on a Heroin Rehabilitation Trial have leave to sit during the sittings of the House this week.

Question put and passed.

 

9       Select Committee on the Emergency Services Levy - Suspension of Standing Orders

The Deputy Premier (Hon R Kerin), without notice, moved - That Standing Orders be so far suspended as to enable the Report of the Select Committee on the Emergency Services Levy to be brought up forthwith.

Question put and passed, without a negative voice, there being present an absolute majority of the whole number of Members of the House.

 

         Select Committee on the Emergency Services Levy

The Minister for Police, Correctional Services and Emergency Services (Hon R L Brokenshire), brought up the Report (Paper No 213), together with the Minutes of Proceedings and Evidence of the Select Committee.

Ordered – That the Report be received.

 


10      Messages from the Legislative Council

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

 

         ASER (Restructure)(Miscellaneous) Amendment Bill                          Message No 84

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the ASER (Restructure) Act 1997, to which it desires the concurrence of the House of Assembly.

         Legislative Council, 29 July 1999                                                J C Irwin, PRESIDENT

 

         Bill read a first time.

 

         The Minister for Education, Children’s Services and Training (Hon M R Buckby) moved - That this Bill be now read a second time.

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

 

          Local Government Bill                                                                       Message No 85

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to provide for local government; 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, 30 July 1999                                                J C Irwin, PRESIDENT

 

Schedule of the amendments made by the Legislative Council

 

No. 1. Page 2 (clause 3) - After line 2 insert the following:

               (fa)     to encourage local government to manage the natural and built environment in an ecologically sustainable manner; and

 

No. 2.  Page 4, lines 20 and 21 (clause 4) - Leave out "(but not one excluded by the regulations from the ambit of this definition) ".

 

No. 3.  Page 11, line 9 (clause 6) - After "just and" insert:

           ecologically

 

No. 4.  Page 11, line 28 (clause 7) - After "environment" insert:

           in an ecologically sustainable manner

 

No. 5.  Page 12, line 8 (clause 8) - Leave out "sensitive" and insert:

           responsive

 

No. 6.  Page 12, line 17 (clause 8) - After "seek" insert:

           to facilitate sustainable development and the protection of the environment and

 

No. 7.  Page 16 (clause 12) - After line 30 insert the following:

           •        The council must also publish a copy of the notice in a newspaper circulating within its area.

 

No. 8.  Page 17 (clause 12) - After line 13 insert the following:

           •        The council must also publish a copy of the notice in a newspaper circulating within its area.

 

No. 9.  Page 19 (clause 13) - After line 27 insert the following:

           •        The council must also publish a copy of the notice in a newspaper circulating within its area.

 

No. 10.            Page 21 (clause 18) - After line 33 insert the following:

               (3) A member of the Panel must not, without the approval of the Panel, divulge information
that —

 

          (a)         the member knows to be commercially sensitive; or

 

          (b)         the Panel classifies as confidential information.

 

     Maximum penalty:     $20 000 or imprisonment for 4 years.

 

No. 11.            Page 23, line 12 (clause 22) - After "councils" insert:

           and members of the public

 

No. 12.            Page 23, line 12 (clause 22) - After "proposals" insert:

           and submissions

 

No. 13.    Page 25, lines 28 and 29 (clause 26) - Leave out "the management of environmental issues" and insert:

 

           sustainable development, the protection of the environment

 

No. 14.    Page 26, lines 33 and 34 (clause 27) - Leave out all words in these lines after "substance of the proposal" in line 33.

 

No. 15.            Page 26 (clause 27) - After line 34 insert the following:

           •        The Panel must also publish a copy of the notice in a newspaper circulating within the area or areas of the council or councils.

 

No. 16.            Page 27, line 30 (clause 28) - Leave out "who" and insert:

           , body corporate or group who or which

 

No. 17.    Page 28, line 1 (clause 28) - Leave out "An eligible elector or" and insert:

 

           A group of at least 20

 

No. 18.            Page 28, line 7 (clause 28) - Leave out "the" and insert:

           a

 

No. 19.    Page 28, line 12 (clause 28) - Leave out "three" and insert:

 

           five

 

No. 20.    Page 28, line 15 (clause 28) - Leave out "elector or electors" and insert:

 

           electors making the submission

 

No. 21.            Page 28, line 23 (clause 28) - Leave out "elector or".

 

No. 22.    Page 28, line 26 (clause 28) - Leave out "An eligible elector" and insert:

 

           A group of eligible electors

 

No. 23.            Page 28, line 26 (clause 28) - Leave out "is" and insert:

 

           are

 

No. 24.    Page 28, line 33 (clause 28) - Leave out "three" and insert:

 

           five

 

No. 25.            Page 29, line 14 (clause 28) - Leave out "person or".

 

No. 26.    Page 29, lines 18 and 19 (clause 28) - Leave out ", unless satisfied that the proposal relates to a matter or matters of only minor significance that will attract little community interest,".

 

No. 27.            Page 29 (clause 28) - After line 24 insert the following:

           •        The Panel must also publish a copy of the notice in a newspaper circulating within the area or areas of the relevant council or councils.

 

No. 28.    Page 29, line 25 (clause 28) - Leave out "If public notice is given under subsection (11), the" and insert:

 

           The

 

No. 29.    Page 29, line 27 (clause 28) - After "on the matter" insert:

           or that a hearing is otherwise not warranted in the circumstances of the particular case

 

No. 30.            Page 30 (clause 28) - After line 26 insert the following:

           •        The Panel must also publish a copy of the notice in a newspaper circulating within the area or areas of the relevant council or councils.

 

No. 31.            Page 42 (clause 44) - After line 32 insert the following:

 

               (6a)  A person is entitled to inspect (without charge) the record of delegations under subsection (6) at the principal office of the council during ordinary office hours.

 

          (6b)  A person is entitled, on payment of a fee fixed by the council, to an extract from the record of delegations under subsection (6).

 

No. 32.    Page 43 (clause 45) - After line 3 insert the following:

 

               (1a)  Subject to subsection (2), the principal office of a council must be open to the public for the transaction of business during hours determined by the council.

 

No. 33.    Page 46 (clause 48) - After line 3 insert the following:

 

               (3a)  A report under subsection (1) must be prepared by a person whom the council reasonably believes to be qualified to address the prudential issues set out in subsection (2).

 

No. 34.            Page 47, lines 21 and 22 (clause 49) - Leave out subclause (4).

 


No. 35.    Page 48 (clause 50) - After line 14 insert the following:

 

          (3a)  However, a public consultation policy for a case referred to in subsection (2)(a) must at least provide for—

 

                   (a)      the publication in a newspaper circulating within the area of the council a notice describing the matter under consideration and inviting interested persons to make submissions in relation to the matter within a period (which must be at least 21 days) stated in the notice; and

 

                   (b)      the consideration by the council of any submissions made in response to an invitation under paragraph (a).

 

No. 36.    Page 48, line 22 (clause 50) - After "State" insert:

           and in a newspaper circulating within the area of the council

 

No. 37.    Page 48, lines 29 and 30 (clause 50) - Leave out subclause (7).

 

No. 38.    Page 49, line 7 (clause 51) - Leave out "appointed" and insert:

           appointed1.

 

No. 39.    Page 49 (clause 51) - After line 11 insert the following:

                1.        An appointment may occur under section 10 of this Act or section 8 of the Local Government (Elections) Act 1999.

 

No. 40.    Page 49, line 36 (clause 52) - Leave out "appointed" and insert:

           appointed1.

 

No. 41.    Page 50, line 1 (clause 52) - Leave out "appointed" and insert:

           appointed1.

 

No. 42.    Page 50 (clause 52) - After line 2 insert the following:

                1.        An appointment may occur under section 10 of this Act or section 8 of the Local Government (Elections) Act 1999.

 

No. 43.    Page 50, lines 3 to 5 (clause 52) - Leave out subclause (3).

 

No. 44.    Page 52, line 26 (clause 55) - Leave out "section 270" and insert:

           sections 62 or 270

 

No. 45.    Page 52, line 29 (clause 55) - Leave out "or 270" and insert:

           , 62 or 270

 

No. 46.    Page 57 (clause 62) - After line 6 insert the following:

           Maximum penalty:         $10 000 or imprisonment for two years.

 

No. 47.    Page 57 (clause 62) - After line 8 insert the following:

           Maximum penalty:         $10 000 or imprisonment for two years.

 

No. 48.    Page 57 (clause 62) - After line 12 insert the following:

           Maximum penalty:         $10 000 or imprisonment for two years.

 

No. 49.    Page 57 (clause 62) - After line 15 insert the following:

           Maximum penalty:         $10 000 or imprisonment for two years.

 

          (5) If a person is convicted of an offence against this section, the court by which the person is convicted may, if it thinks that action under this subsection is warranted, in addition to (or in substitution of) any penalty that may be imposed under a preceding subsection, by order do one or more of the following:

 

          (a)       require the person to attend a specified course of training or instruction, or to take other steps;

 

                       (b)    suspend the person from any office under this Act for a period not exceeding two months;

 

          (c)       disqualify the person from any office under this Act;

 

          (d)       disqualify the person from becoming a member of a council, a committee of a council or a subsidiary of a council for a period not exceeding five years.

 

          (6) If a person is disqualified under subsection (5)(c), the office immediately becomes vacant but proceedings for a supplementary election to fill the vacancy (if required) must not be commenced until the period for appealing against the conviction of an offence against this section has expired or, if there is an appeal, until the appeal has been determined.

 

          (7) The provisions of this section extend—

 

          (a)       to committees and to members of committees established by councils as if—

 

                     (i)     a committee were a council; and

 

                     (ii)     a member of a committee were a member of a council; and

 

          (b)      to subsidiaries and to board members of subsidiaries as if—

 

                     (i)     a subsidiary were a council; and

 

                     (ii)     a board member of a subsidiary were a member of a council.

 

No. 50.    Page 57, lines 22 and 23 (clause 63) - Leave out subclause (4).

 

No. 51.    Page 58, line 5 (clause 65) - After "primary return" insert:

           in accordance with schedule 2A

 

No. 52.    Page 58, line 8 (clause 66) - After "ordinary return" insert:

           in accordance with schedule 2A

 

No. 53.    Page 58, line 10 (clause 67) - Leave out subclause (1).

 

No. 54.    Page 58, line 13 (clause 67) - Leave out "member of his or her family" and insert:

           person related to the member within the meaning of schedule 2A.

 

No. 55.    Page 58, line 16 (clause 68) - After "Division" insert:

           and schedule 2A

 

No. 56.    Page 58, line 25 (clause 69) - After "this Division" insert:

           and schedule 2A

 

No. 57.    Page 58 (clause 70) - After line 32 insert the following:

              (3)  However, an application to inspect the Register or to obtain a copy of the Register (other than by a member of the council) must be made in writing to the chief executive officer.

 

          (4)  A member of the council is entitled at any reasonable time to inspect an application made under subsection (3).

 

No. 58.    Page 63, line 4 (clause 76) - Leave out "will" and insert:

           is entitled to

 

No. 59.    Page 63, line 21 (clause 76) - After "regulations" insert:

           (unless the member declines to accept payment of an allowance)

 

No. 60.    Page 63, line 31 (clause 77) - Leave out "will" and insert:

           is entitled to

 

No. 61.    Page 64 (clause 77) - After line 5 insert the following:

              (3) A person is entitled to inspect (without charge) a policy of a council under subsection (1)(b) 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 a policy under subsection (1)(b).

 

No. 62.    Page 66, line 6 (clause 81) - Leave out "Ordinary" and insert:

              Subject to this section, ordinary

 

No. 63.    Page 66, lines 8 and 9 (clause 81) - Leave out subclause (2).

 

No. 64.    Page 66, lines 19 and 20 (clause 81) - Leave out subclause (7) and insert new subclauses as follow:

               (7) In the case of a municipal council, ordinary meetings of the council may not be held before 5 p.m. unless the council resolves otherwise by a resolution supported unanimously by all members of the council.

 

              (8) A resolution under subsection (7) does not operate in relation to a meeting held after the conclusion of the general election next held following the making of the resolution.

 

No. 65.    Page 67, lines 34 and 35 (clause 83) - Leave out subclause (9) and insert new subclause as follows:

               (9) The fact that a notice of a meeting has not been given to a member of a council in accordance with this section does not, of itself, invalidate the holding of the meeting or a resolution or decision passed or made at the meeting but the District Court may, on the application of the Minister or a member of the council, annul a resolution or decision passed or made at the meeting and make such ancillary or consequential orders as it thinks fit if satisfied that such action is warranted in the circumstances of the particular case.

 

No. 66.    Page 69, line 15 (clause 86) - After "Each member" insert:

              (including the presiding member)

 

No. 67.    Page 69, lines 17 to 22 (clause 86) - Leave out subclauses (6) and (7) and insert new subclause as follows:-

 

               (6) In the event of an equality of votes on a question arising for decision at a meeting of a council, the member presiding at the meeting has a second or casting vote.

 

No. 68.    Page 70, line 13 (clause 87) - Leave out "give each member of a council committee" and insert:

 

              ensure that each member of a council committee is given

 

No. 69.    Page 70, line 20 (clause 87) - Leave out "give each member of a council committee" and insert:

 

           ensure that each member of a council committee is given

 

No. 70.    Page 70, line 25 (clause 87) - Leave out paragraph (c).

 

No. 71.    Page 70, line 30 (clause 87) - Leave out all words in this line and insert:

 

           ensure that each member of the committee at the time that notice of a meeting is given is supplied with a

 

No. 72.    Page 71, lines 20 and 21 (clause 87) - Leave out subclause (13) and insert new subclause as follows:

 

               (13) The chief executive officer must ensure that a record of all notices of meetings given under this section is maintained.

 

No. 73.    Page 71, lines 22 and 23 (clause 87) - Leave out subclause (14) and insert new subclause as follows:

 

              (14) The fact that a notice of a meeting has not been given to a member of a committee in accordance with this section does not, of itself, invalidate the holding of the meeting or a resolution or decision passed or made at the meeting but the District Court may, on the application of the Minister or a member of the committee, annul a resolution or decision passed or made at the meeting and make such ancillary or consequential orders as it thinks if satisfied that such action is warranted in the circumstances of the particular case.

 

No. 74.    Page 71, line 27 (clause 88) - Leave out "give notice" and insert:

 

              ensure that notice is given

 


No. 75.    Page 73, lines 6 to 35 and page 74, lines 1 to 13 (clause 90) - Leave out subclauses (2) and (3) and insert new subclauses as follow:

 

               (2) A council or council committee may order that the public be excluded from attendance at so much of a meeting as is necessary to receive, discuss or consider in confidence any information or matter listed in subsection (3).

 

             (3) The following information and matters are listed for the purposes of subsection (2):

 

          (a)         a personnel matter concerning a particular member of the staff of the council;

 

          (b)         the personal hardship of any resident or ratepayer;

 

          (c)         information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business, or prejudice the commercial position of the council;

 

          (d)         commercial information of a confidential nature that would, if disclosed—

 

                       (i)           prejudice the commercial position of the person who supplied it; or

 

                       (ii)           confer a commercial advantage on a third party; or

 

                       (iii)          reveal a trade secret;

 

          (e)         matters affecting the security of the council, members or employees of the council, or council property;

 

          (f)          information that would, if disclosed, prejudice the maintenance of law;

 

          (g)         matters that must be considered in confidence in order to ensure that the council does not breach any law, order or direction of a court or tribunal constituted by law, any duty of confidence, or other legal obligation or duty;

 

          (h)         legal advice, or advice from a person employed or engaged by the council to provide specialist professional advice;

 

          (i)          information relating to actual or possible litigation involving the council or an employee of the council;

 

          (j)          information provided by a public official or authority (not being an employee of the council, or a person engaged by the council) with a request or direction by that public official or authority that it be treated as confidential;

 

          (k)         tenders for the supply of goods, the provision of services or the carrying out of works;

 

          (l)          information relating to the health or financial position of a person, or information relevant to the safety of a person;

 

          (m)        information relating to a proposed amendment to a Development Plan under the Development Act 1993 before a Plan Amendment Report relating to the amendment is released for public consultation under that Act;

 

          (n)         information relevant to the review of a determination of a council under the Freedom of Information Act 1991.

 

          (3a) A council or council committee may also order that the public be excluded from attendance at so much of its meeting as is necessary to consider a motion to close another part of the meeting under subsection (2)1..

 

          1.    In this case, the consideration of the motion must not include any consideration of the information or matter to be discussed in the other part of the meeting (other than consideration of whether the information or matter falls within the ambit of subsection (3)).

 

          (3b) In considering whether an order should be made under subsection (2), it is irrelevant that discussion of a matter in public may—

 

          (a)         cause embarrassment to the council or council committee concerned, or to members or employees of the council; or

 

          (b)         cause a loss of confidence in the council or council committee.

 

No. 76.    Page 74, line 14 (clause 90) - After "subsection (2)" insert:

 

             or (3a)

 

No. 77.    Page 76, line 16 (clause 91) - After "publication" insert:

 

           under this section

 

No. 78.    Page 77, lines 10 and 11 (clause 92) - Leave out the following:

 

           be consistent with any principle or requirement prescribed by the regulations and

 

No. 79.    Page 77 (clause 92) - After line 11 insert new subclause as follows:

 

              (4a) Before a council adopts, alters or substitutes a code of practice under this section it must—

 

    (a)    make copies of the proposed code, alterations or substitute code (as the case may be) available for inspection or purchase at the council's principal office; and

 

    (b)    follow the relevant steps set out in its public consultation policy.

 

No. 80.    Page 78, line 32 (clause 93) - Leave out "electors present" and insert:

 

           persons present and lawfully voting

 

No. 81.    Page 80, line 2 (Heading) - Leave out "MATTER" and insert:

 

           "MATTERS"

 


No. 82.    Page 80 - After line 2 insert new clause as follows:

 

               Investigation by Ombudsman

              93A. (1) The Ombudsman may, on receipt of a complaint, carry out an investigation under this section if it appears to the Ombudsman that a council may have unreasonably excluded members of the public from its meetings under Part 3 or unreasonably prevented access to documents under
Part 4.

 

              (2) The Ombudsman may, in carrying out an investigation under this section, exercise the powers of the Ombudsman under the Ombudsman Act 1972 as if carrying out an investigation under that Act.

 

              (3) At the conclusion of an investigation under this section, the Ombudsman must prepare a written report on the matter.

 

              (4) The Ombudsman must supply the Minister and the council with a copy of the report.

 

              (5) If the Minister, after taking into account the report of the Ombudsman under this section, believes that the council has unreasonably excluded members of the public from its meetings under Part 3 or unreasonably prevented access to documents under Part 4, the Minister may give directions to the council with respect to the future exercise of its powers under either or both of those sections, or to release information that should, in the opinion of the Minister, be available to the public.

 

              (6) The Minister must, before taking action under subsection (5), give the council a reasonable opportunity to make submissions to the Minister in relation to the matter.

 

              (7) A council must comply with a direction under subsection (5).

 

              (8) This section does not limit other powers of investigation under other provisions of this or another Act.

 

No. 83.    Page 80 - After line 6 insert new clause as follows:

 

           Right of reply

              94A. (1) A person who has been referred to during the proceedings at a meeting of a council or council committee by name, or in another way so as to be readily identified, may make a submission in writing to the council or council committee—

 

                   (a)      claiming that he or she has been adversely affected in reputation or in respect of dealings or associations with others, or injured in profession, occupation or trade or in the holding of an office, or in respect of financial credit or other status, or that his or her privacy has been unreasonably invaded; and

 

                   (b)      requesting that he or she be permitted to make a response that is incorporated into the minutes of the proceedings of the council or council committee (as the case may be).

 

              (2) Unless otherwise determined by the council or council committee, a submission under subsection (1) will be considered by the council or council committee on a confidential basis under Part 3.

 

              (3) In considering a submission under subsection (1), the council or council committee—

 

                   (a)      may appoint a member of the council or council committee to confer with the person who made the submission and then to report back to the council or council committee; and

 

                   (b)      may confer with the person who made the reference to which the submission relates; but

 

                   (c)      may not judge the truth of any statement made by a member of the council or council committee.

 

              (4) Subject to subsection (5), the council or council committee may then, if it considers it appropriate and equitable to do so, resolve that a response be incorporated into the minutes of the proceedings of the council or council committee (as the case may be).

 

              (5) A response incorporated into minutes under subsection (4)—

 

              (a) must be succinct and strictly relevant to the question in issue; and

 

              (b) must not contain anything offensive in character; and

 

              (c) must not contain any matter the publication of which would have the effect of—

 

                            (i)       unreasonably adversely affecting or injuring a person, or unreasonably invading a person's privacy, in the manner referred to in subsection (1)(a); or

 

                            (ii)      unreasonably aggravating any situation or circumstance; and

 

              (d) must not contain any matter the publication of which might prejudice—

 

                            (i)     the investigation of an alleged criminal offence; or

 

                            (ii)    the fair trial of any current or pending criminal proceedings; or

 

                            (iii)   the conduct of any civil proceedings in a court or tribunal.

 

              (6) A council or council committee may at any time cease to consider a submission under this section if of the opinion that—

 

                   (a)      the submission is trivial, frivolous, vexatious or offensive in character; or

 

                   (b)      the submission is not made in good faith; or

 

                   (c)      there is some other good reason why not to grant a request to incorporate a response in relation to the matter into the minutes of the proceedings of the council or council committee.

 

No. 84.    Page 81, lines 8 to 21 (clause 96) - Leave out this clause.

 

No. 85.    Page 81, line 30 (clause 97) - Leave out "the performance standards specified in the" and insert:

 

           any performance standards specified by the council or in any contract

 

No. 86.    Page 81, line 32 (clause 97) - Leave out "the contract" and insert:

 

           any contract

 

No. 87.    Page 81, line 34 (clause 97) - Leave out "the contract" and insert:

 

           any contract

 

No. 88.    Page 85, lines 12 to 27 (clause 104) - Leave out this clause.

 

No. 89.    Page 88 (clause 108) - After line 19 insert the following:

 

                             and

 

          (h)     that there is no unlawful discrimination against employees or persons seeking employment in the administration of the council on the ground of sex, sexuality, marital status, pregnancy, race, physical or intellectual impairment, age or any other ground and that there is no other form of unjustifiable discrimination exercised against employees or persons seeking employment.

 

No. 90.    Page 89, lines 22 and 23 (clause 111) - Leave out subclause (5).

 

No. 91.    Page 90, line 31 (clause 117) - After "Division applies" insert:

 

           (other than the chief executive officer)

 

No. 92.    Page 91 (clause 120) - After line 15 insert the following:

 

              (2) Despite any other provision of this Act—

 

          (a)       the public must be excluded from attendance at any part of a meeting of the council, a council committee or a subsidiary of the council where information is disclosed under subsection (1)(b); and

 

          (b)      any part of the minutes of a meeting of the council, a council committee or a subsidiary of the council which contains information disclosed under subsection (1)(b) is not available for public inspection under this Act.

 

No. 93.    Page 99, line 22 (clause 130) - Leave out "and principles".

 

No. 94.    Page 102 (clause 133) - After line 8 insert the following:

 

               (1a) A council may make a document available in electronic form for the purposes of subsection (1)(a).

 

          (1b) A council should also, so far as is reasonably practicable, make the following documents available for inspection on the Internet within a reasonable time after they are available at the principal office of the council:

 

          (a)     agendas for meetings of the council or council committees;

 

          (b)     minutes of meetings of the council or council committees;

 

          (c)     codes of conduct or codes of practice adopted by the council under this Act or the Local Government (Elections) Act 1999;

 

          (d)     the council's contract and tenders policies, public consultation policy, rating policy and order-making policies;

 

          (e)     a list of fees and charges imposed by the council under this Act;

 

          (f) by-laws made by the council;

 

          (g)     procedures for the review of decisions established by the council under Part 2 of
Chapter 13.

 

No. 95.    Page 102, line 12 (clause 133) - After "this Act" insert:

 

           or the Local Government (Elections) Act 1999

 

No. 96.    Page 104, line 6 (clause 135) - Leave out "a bank" and insert:

 

           an

 

No. 97.    Page 109, line 17 (clause 143) - After "civil liabilities" and insert:

 

           at least

 

No. 98.    Page 114, line 19 (clause 153) - Leave out "the" and insert:

 

           two

 

No. 99.    Page 126, line 6 (clause 168) - After "made" insert:

 

           , or caused to be made,

 

No. 100.  Page 126, line 7 (clause 168) - After "council" insert:

 

           , or by a firm or consortium of valuers engaged by the council

 

No. 101.  Page 126, line 11 (clause 168) - Leave out "of the Valuer-General".

 

No. 102.  Page 126, lines 15 and 16 (clause 168) - Leave out "of a valuer employed or engaged by the council".

 

No. 103.  Page 126, lines 17 and 18 (clause 168) - Leave out "made by the Valuer-General and valuations made by a valuer employed or engaged by the council" and insert:

 

           under subsection (2)(a) and (b)

 

No. 104.  Page 126, line 19 (clause 168) - After "guidelines" insert:

 

           , policies

 

No. 105.  Page 126 (clause 168) - After line 25 insert the following:

 

          (4a) Subsection (3)(c) does not apply in a case where the land use category attributed to a particular piece of land is changed following the declaration of a rate or rates for a particular financial year.

 

No. 106.  Page 129, line 19 (clause 172) - Before "reflect" insert:

 

          in so far as may be relevant,

 

No. 107.  Page 129, line 19 (clause 172) - Leave out "its" and insert:

 

           the council's

 

No. 108.  Page 129, line 21 (clause 172) - Leave out "its" and insert:

 

           the council's

 

No. 109.  Page 129, line 24 (clause 172) - Leave out "it" and insert:

 

           the council

 

No. 110.  Page 129 (clause 172) - After line 32 insert the following:

 

           (va)        issues of equity arising from circumstances where ratepayers provide or maintain infrastructure that might otherwise be provided or maintained by the council;

 

No. 111.  Page 136, line 24 (clause 182) - Leave out "5 per cent" and insert:

 

           2 per cent

 

No. 112.  Page 136, lines 26 and 27 (clause 182) - Leave out "and interest) is payable" and insert:

 

           but excluding interest from any previous month) accrues

 

No. 113.  Page 153, lines 15 to 34 (clause 207) - Leave out subclauses (2), (3), (4) and (5) and insert new subclauses as follow:

 

               (2) However, before the Council grants or renews a lease or licence over land in the Adelaide Park Lands for a term of 21 years or more, the Council must submit copies of the lease or licence to the Presiding Members of both Houses of Parliament.

 

          (3) The Presiding Members of the Houses of Parliament must, within six sitting days after receiving a copy of a lease or licence under subsection (2), lay the copy before their respective Houses.

 

          (4) A House of Parliament may resolve to disallow the grant or renewal of a lease or licence pursuant to a notice of motion given in the House within 14 sitting days after a copy of the lease or licence is laid before the House under subsection (3).

 

          (5) The Council may only grant or renew the lease or licence if—

 

              (a) no notice of motion for disallowance of its grant or renewal is given in either House of Parliament within 14 sitting days after a copy of the lease or licence is laid before the Houses; or

 

              (b) neither House of Parliament passes a resolution disallowing its grant or renewal on the basis of a motion of which notice was given within 14 sitting days after a copy of the lease or licence was laid before the House under subsection (3).

 


No. 114.  Page 154 (clause 208) - After line 3 insert the following:

 

           "Capital City Committee" means the Committee of that name established under the City of Adelaide Act 1998;

 

No. 115.  Page 154, line 4 (clause 208) - Leave out ""land bank" means land" and insert:

 

           "land trust" means the land (being in the nature of open space)

 

No. 116.  Page 154, line 7 (clause 208) - Leave out "1.0 credit units for every 1.1" and insert:

 

           1 credit unit for every 2

 

No. 117.  Page 154, line 8 (clause 208) - Leave out "bank" and insert:

 

           trust

 

No. 118.  Page 154, line 9 (clause 208) - Leave out "1.0 credit units for every 1.1" and insert:

 

           1 credit unit for every 2

 

No. 119.  Page 154, line 10 (clause 208) - Leave out "land bank" and insert:

 

           land trust (including by the return, surrender or redelineation of land so as to add land to the Adelaide Park Lands)

 

No. 120.  Page 154 (clause 208) - After line 11 insert the following:

 

               (2a) Before the Council, or the Crown or an agency or instrumentality of the Crown, adds land to the land trust under this section—

 

          (a)     in the case of the Council—the Council must—

 

                       (i)     take reasonable steps to consult with the Crown; and

 

                       (ii)     ensure that the land is suitable for public use and enjoyment as open space;

 

          (b)     in the case of the Crown or an agency or instrumentality of the Crown—the Crown or the agency or instrumentality of the Crown must—

 

                       (i)     take reasonable steps to consult with the Council; and

 

                       (ii)     ensure that the land is suitable for public use and enjoyment as open space.

 

          (2b) Any dispute between the Council and the Crown as to whether subsection (2a) has been complied with in a particular case will be referred to the Capital City Committee.

 


No. 121.  Page 154, lines 12 to 15 (clause 208) - Leave out subclause (3) and insert new subclause as follows:

 

          (3) The Council may only grant a lease or licence over land that forms part of the Adelaide Park Lands, or take other action to remove land from the land trust, if—

 

          (a)     the Council is acting—

 

                     (i)     with the concurrence of the Crown; or

 

                     (ii)     in pursuance of a resolution passed by both Houses of Parliament; and

 

          (b)     the Council holds credit units equal to or exceeding the number of square metres of land to be subject to the lease or licence or to be otherwise so removed.

 

No. 122.  Page 154, line 16 (clause 208) - Leave out "bank" and insert:

 

           trust

 

No. 123.  Page 154, lines 21 and 22 (clause 208) - Leave out "one month" and insert:

 

           three months

 

No. 124.  Page 154 (clause 208) - After line 22 insert the following:

 

                 (ab)    to the extension or renewal of a lease or licence, or to the granting of a lease or licence in place of an existing lease or licence or a lease or licence that has expired, in a case where section 207 applies; or

 

                 (ac)    to the extension or renewal of a licence, or to the granting of a licence in place of an existing licence or a licence that has expired, for a term not exceeding 12 months if the grant of the licence is authorised in an approved management plan for the Adelaide Park Lands (to the extent that land is not added to the area of the licence); or

 

No. 125.  Page 154, line 24 (clause 208) - Leave out "bank" and insert:

 

           trust

 

No. 126.  Page 154 (clause 208) - After line 26 insert the following:

 

           3.      This subsection does not in itself confer a right on the Council to remove land from the land trust.

 

No. 127.  Page 154, lines 27 to 29 (clause 208) - Leave out subclause (4) and insert new subclause as follows:

 

          (4) The Crown, or an agency or instrumentality of the Crown, may only take action to remove land from the land trust if—

 

          (a)     the Crown, or the agency or instrumentality, is acting—

 

                     (i)     with the concurrence of the Council; or

 

                     (ii)     in pursuance of a resolution passed by both Houses of Parliament; and

 

            (b)     the Crown holds credit units equal to or exceeding the number of square metres of land to be so removed.

 

No. 128.  Page 154, line 30 (clause 208) - Leave out "bank" and insert:

 

           trust

 

No. 129.  Page 154, line 33 (clause 208) - Leave out "bank" and insert:

 

           trust

 

No. 130.  Page 154 (clause 208) - After line 34 insert the following:

 

                3.   This subsection does not in itself confer a right on the Crown, or an agency or instrumentality of the Crown, to remove land from the land trust.

 

No. 131.  Page 154, lines 35 and 36 (clause 208) - Leave out subclause (5) and insert new subclause as follows:

 

          (5) The Crown may (by instrument executed by the Minister) assign credit units held by the Crown to the Council and the Council may assign credit units held by the Council to the Crown.

 

No. 132.  Page 154, line 38 (clause 209) - Leave out "There will be a fund at the Treasury" and insert:

 

           The Council must establish a fund

 

No. 133.  Page 155, line 8 (clause 209) - Leave out paragraph (a) and insert new paragraphs as follow:

 

            (a) development undertaken by the Council to maintain the Adelaide Park Lands; or

 

            (ab)    development undertaken by a public authority to increase or improve the use or enjoyment of the Adelaide Park Lands by the general public; or

 

No. 134.  Page 155, line 13 (clause 209) - Leave out "Treasurer" and insert:

 

           Council

 

No. 135.  Page 155, lines 14 to 20 (clause 209) - Leave out subclause (6) and insert new subclause as follows:

 

               (6) The money standing to the credit of the fund may be applied by the Council for the beautification or improvement of the Adelaide Park Lands.

 

No. 136.  Page 155, lines 22 and 23 (clause 209) - Leave out "Capital City Committee" and insert:

 

           Council

 

No. 137.  Page 155, line 25 (clause 209) - Leave out "Minister" and insert:

 

           Council

 

No. 138.  Page 155, line 28 (clause 209) - Leave out "Minister" and insert:

 

           Council

 

No. 139.  Page 155, line 29 (clause 209) - Leave out "Minister" and insert:

 

           Council

 

No. 140.  Page 155, line 30 (clause 209) - Leave out "Minister" and insert:

 

           Council

 

No. 141.  Page 156 (clause 209) - After line 4 insert the following:

 

               (10a) The Council must, on or before 30 September in each year, prepare a report relating to the application of money from the fund during the financial year ending on the preceding 30 June.

 

          (10b) The Minister must, within six sitting days after receiving a report under subsection (10a), have copies of the report laid before both Houses of Parliament.

 

          (10c) The Council must ensure that copies of a report under subsection (10a) are available for inspection (without charge) and purchase (on payment of a fee fixed by the Council) by the public at the principal office of the Council.

 

No. 142.  Page 156, lines 6 and 7 (clause 209) - Leave out definition of "Capital City Committee".

 

No. 143.  Page 156, lines 10 to 14 (clause 209) - Leave out paragraphs (a) and (b) and insert new paragraphs as follow:

 

                   (a)      if the total anticipated development cost does not exceed $5 000—$50;

 

          (b)     if the total anticipated development cost exceeds $5 000—$50 plus $25 for each $1 000 over $5 000 (and where the total anticipated development cost is not exactly divisible into multiples of $1 000, any remainder is to be treated as if it were a further multiple of $1 000), up to a maximum amount (ie., maximum prescribed amount) of $150 000;1

 

No. 144.  Page 159, line 2 (clause 215) - After "highway" insert:

            (and that may have an effect on the users of that highway)

 

No. 145.  Page 161, lines 2 and 3 (clause 220) - Leave out "if the Technical Regulator" and insert:

            or public lighting infrastructure if the Industry Regulator

 

No. 146.  Page 161, line 6 (clause 220) - Leave out "and "Technical Regulator" have the same meanings" and insert:

 

            has the same meaning

 

No. 147.  Page 161 (clause 220) - After line 7 insert the following:

 

           "Industry Regulator" means the South Australian Independent Industry Regulator established under the Independent Industry Regulator Act 1999;

 


No. 148.  Page 161 (clause 220) - After line 8 insert the following:

 

           "public lighting infrastructure" has the same meaning as in the Electricity Corporations (Restructuring and Disposal) Act 1999.

 

No. 149.  Page 171, line 28 (clause 242) - Leave out "preaching, public addresses or".

 

No. 150.  Page 177, line 24 (clause 252) - After "council" insert:

 

           , and so far as is reasonably practicable on the Internet

 

No. 151.  Page 192, lines 6 to 13 (clause 266) - Leave out subclause (1) and insert new subclause as follows:

 

               (1) There are grounds for complaint under this Part against a member of a council if the member has contravened or failed to comply with section 74.

 

No. 152.  Page 192 (clause 267) - After line 19 insert the following:

 

               (1a) However, a person other than a public official cannot lodge a complaint without the written approval of the Minister.

 

          (1b) An apparently genuine document purporting to be an approval of the Minister under subsection (1a) will be accepted in any legal proceedings, in the absence of proof to the contrary, as proof that the Minister has given the approval.

 

No. 153.  Page 212 - After line 11 insert new clause as follows:

 

     Vegetation clearance

          300A.  (1) A council may, on the application of the owner or occupier of the land (the “relevant land”), by order under this section, require the owner or occupier of adjoining land to remove or cut back vegetation encroaching on to the relevant land.

 

          (2) An order must specify a reasonable period within which compliance with the order is required.

 

          (3)  If the requirements of an order are not complied with within the period specified in the
order—

 

            (a)      the council may itself have the work required by the order carried out and recover the cost of the work as a debt from the person to whom the order was directed; and

 

            (b)      the person to whom the order was directed is guilty of an offence.

 

     Maximum penalty:     $750.

 

     Expiation fee:            $105.

 

No. 154.  Page 214, line 23, clause 2 (Schedule 1) - After "councils" insert:

 

                 (including their subsidiaries)

 

No. 155.  Page 220, line 29, clause 5 (Schedule 2) - Leave out "Subject to an exemption by the Minister by notice in the Gazette" and insert:

 

                 Unless otherwise determined by the charter of the subsidiary

 

No. 156.  Page 220, lines 33 to 39, clause 5 (Schedule 2) - Leave out subclauses (8), (9) and (10).

 

No. 157.  Page 221, line 29, clause 7 (Schedule 2) - Leave out "his or her" and insert:

 

                 official

 

No. 158.  Page 224, lines 3 to 12, clause 15 (Schedule 2) - Leave out this clause and insert new clause as follows:

 

                          Principles of competitive neutrality

                   15. If a subsidiary is declared by its charter to be involved in a significant business activity, the charter must also specify the extent to which the principles of competitive neutrality1 are to be applied to the activities of the subsidiary and, to the extent that may be relevant, the reasons for any non-application of these principles.

 

          1         .            See Part 4 of the Government Business Enterprises (Competition) Act 1996.

 

No. 159.  Page 224, lines 13 to 40 and page 225, lines 1 to 19, clause 16 (Schedule 2) - Leave out this clause.

 

No. 160.  Page 225, line 23, clause 17 (Schedule 2) - Leave out "request" and insert:

 

                         requirement

 

No. 161.  Page 229, line 6, clause 22 (Schedule 2) - Leave out "Subject to an exemption by the Minister by notice in the Gazette" and insert:

 

                         Unless otherwise determined by the charter of the subsidiary

 

No. 162.  Page 229, lines 10 to 16, clause 22 (Schedule 2) - Leave out subclauses (8), (9) and (10).

 

No. 163.  Page 230, line 8, clause 24 (Schedule 2) - Leave out "his or her" and insert:

 

                         official

 

No. 164.  Page 232, line 23 to 33 (Schedule 2) - Leave out this clause and insert new clause as follows:

 

                          Principles of competitive neutrality

                   33. If a regional subsidiary is declared by its charter to be involved in a significant business activity, the charter must also specify the extent to which the principles of competitive neutrality1 are to be applied to the activities of the subsidiary and, to the extent that may be relevant, the reasons for any non-application of these principles.

 

        1           .            See Part 4 of the Government Business Enterprises (Competition) Act 1996.

 

No. 165.  Page 232, lines 34 to 39 and page 233, lines 1 to 39 and page 234, lines 1 and 2, clause 34
(Schedule 2) - Leave out this clause.

 

No. 166.  Page 234, line 6, clause 35 (Schedule 2) - Leave out "request" and insert:

 

                          requirement

 

No. 167.  Page 235 - After line 33 insert new Schedule 2A as follows:

 


                                                            SCHEDULE 2A

                                         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 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 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 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;

 

                          "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 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.

 

                          "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 futherance 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 purpose 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 the schedule, in relation to a return by a 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 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 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 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 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 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 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 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 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 member is a member; and

 

                              (c)        a concise description of any trust (other than a testamentary trust) of which the 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 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 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 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 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 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 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 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 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 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.

 

No. 168.  Page 238, line 8 (Schedule 4) - After "Registers" insert:

 

                          and Returns

 

No. 169.  Page 238 (Schedule 4) - After line 9 insert the following:

 

                           Campaign donations returns under the Local Government (Elections) Act 1999

 

No. 170.  Page 238 (Schedule 4) - After line 20 insert the following:

 

                           Policy for the reimbursement of members’ expenses

 

No. 171.  Page 238 (Schedule 4) - After line 32 insert the following:

 

                             By-laws

 

                                   By-laws made by the council

                                                                J M Davis, CLERK OF THE LEGISLATIVE COUNCIL

 

 

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

 

 

         Australia Acts (Request) Bill                                                                Message No 86

MR SPEAKER - The Legislative Council has agreed to the amendment made by the House of Assembly in the Australia Acts (Request) Bill, without amendment.

         Legislative Council, 30 July 1999                                                J C Irwin, PRESIDENT

 

11      Federal Courts (State Jurisdiction) 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.

                                                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 without amendment.

 

Bill read a third time and passed.

 

12      Statutes Amendment (Trusts) 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.

         Proceeded, by leave, to the third reading.

 

         Bill read a third time and passed.

 

13      Postponement of business

Ordered - That Orders of the Day: Government Business Nos 3 to 5 be postponed and taken into consideration after Order of the Day: Government Business No 6.

 

14      Geographical Names (Assignment of Names) 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.

         Proceeded, by leave, to the third reading.

 

         Bill read a third time and passed.

 

15      Superannuation (Voluntary Separation Packages) 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.

         Proceeded, by leave, to the third reading.

 

         Bill read a third time and passed.

 


16      Police Superannuation (Increments in Salary) 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.

         Proceeded, by leave, to the third reading.

 

         Bill read a third time and passed.

 

17      Emergency Services Funding (Miscellaneous) 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.

Ordered, on motion of Mr Koutsantonis, that the debate be further adjourned and resumed on motion.

 

18   Select Committee on Water Allocation in the South East - Suspension of Standing Orders

The Minister for Environment and Heritage (Hon D C Kotz), without notice, moved - That Standing Orders be so far suspended as to enable the Report of the Select Committee on Water Allocation in the South East to be brought up forthwith.

Question put and passed, without a negative voice, there being present an absolute majority of the whole number of Members of the House.

 

         Select Committee on Water Allocation in the South East

Hon G M Gunn brought up the Report (Paper No 223), together with the Minutes of Proceedings and Evidence of the Select Committee.

Ordered – That the Report be received.

 

Hon G M Gunn moved – That the Report be noted.

Debate ensued.

Question put and passed.

 

19      Suspension of Standing Orders

The Minister for Environment and Heritage, without notice, moved - That Standing Orders be so far suspended as to enable the introduction of a Bill forthwith and for it to pass through its remaining stages without delay.

Question put and passed, without a negative voice, there being present an absolute majority of the whole number of Members of the House.

 

         Water Resources (Water Allocation Plans) Amendment Bill

The Minister, pursuant to order, moved – That she have leave to introduce a Bill for an Act to amend the Water Resources Act 1997.

Question put and passed.

 

Bill presented and read a first time.

The Minister moved – That the Bill be now read a second time.

Debate ensued.

Question put and passed.

 

Bill read a second time.

         Proceeded, by leave, to the third reading.

 

         Bill read a third time and passed.

 


20      Extension of time for adjournment

The Minister for Environment and Heritage moved - That the time for moving the adjournment of the House be extended beyond 10.00pm.

Question put and passed.

 

21      Emergency Services Funding (Miscellaneous) Amendment Bill

Ordered - That the adjourned debate on the question - That this Bill be now read a second time – be now resumed.

Debate resumed.

 

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

 

22      Messages from the Legislative Council

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

 

         Independent Industry Regulator Bill                                                   Message No 87

MR SPEAKER – The Legislative Council has agreed to the Bill returned herewith, titled an Act to establish the South Australian Independent Industry Regulator; 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, 3 August 1999                                             J C Irwin, PRESIDENT

 

Schedule of the amendments made by the Legislative Council

 

          No.1   Page 3, line 16 (clause 8)—Leave out paragraph (a) and insert new paragraph as follows:

                    (a)     for a term of office of—

 

                            (i)       in the case of the first appointment of a person to the office—six years;

 

                            (ii)      in the case of any subsequent appointment of a person to the office—five years; and

 

          No.2    Page 17, line 25 (clause 33)—After “report” insert the following:

                   (excluding any information identified under subsection (3) as confidential information)

 

          No.3    Page 17, line 28 (clause 33)—After “copies” insert:

                   (excluding any information identified under subsection (3) as confidential information)

 

          No.4    Page 17 (clause 33)—After line 28 insert new subclause as follows:

                    (7)     If information is excluded from a report as being confidential information, a note to that effect must be included in the report at the place in the report from which the information is excluded.

 

          No.5    Page 19—After line 38 insert new clause as follows:

                   Review of Act

                            44. (1) The Minister is to review this Act to determine the effectiveness of the work of the Industry Regulator and the attainment of the objects of this Act.

 

                            (2) The review is to be undertaken as soon as possible after the period of three years from the date of assent to this Act and a report on the outcome of the review is to be completed within six months after that period of three years.

 

                            (3) The Minister must cause a copy of the report on the outcome of the review to be tabled in each House of Parliament within 12 sitting days after its completion.

 

J M Davis CLERK OF THE LEGISLATIVE COUNCIL

         Ordered - That the amendments be taken into consideration forthwith.

 

In Committee

 

         Resolved - That the amendments 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 the same without amendment.

 

24      Local Government Bill

Ordered - That the amendments of the Legislative Council in this Bill be now taken into consideration.

 

In Committee

         Resolved – That Amendments Nos 1 to 16 be agreed to.

         Resolved – That Amendment No 17 agreed to and a consequential amendment be made.

         Resolved – That Amendments Nos 18 to 43 be agreed to.

The Minister for Local Government (Hon M K Brindal) moved – That Amendment No 44 be agreed to.

         Question – That the Amendment be agreed to – put.

         Committee divided (No 1):

 


                            Ayes, 24

 

Hon M H Armitage

Hon R L Brokenshire

Hon M R Buckby

Mr Condous

Hon I F Evans

Hon G M Gunn

Hon J L Hall

Mr Hamilton-Smith

Hon G A Ingerson

Hon R G Kerin

Hon D C Kotz

Mr Lewis

Hon W A Matthew

Ms Maywald

Mr McEwen

Mr Meier

Hon J W Olsen

Hon J K G Oswald

Mrs Penfold

Mr Scalzi

Hon R B Such

Mr Venning

Mr Williams

(Teller) Hon M K Brindal

 


        Noes, 20

 

Mr Atkinson

Ms Bedford

Ms Breuer

Ms Ciccarello

Mr Clarke

Mr De Laine

Mr Foley

Mrs Geraghty

Mr Hanna

Mr Hill

Ms Key

Mr Koutsantonis

Ms Rankine

Hon M D Rann

Mr Snelling

Ms Stevens

Ms Thompson

Ms White

Mr Wright

(Teller) Mr Conlon

 


 

 

         So it was resolved in the affirmative.

 

         Amendment No 45 considered.

 


         To report progress and ask leave to sit again.

____________

 

         The House having resumed:

Hon D C Wotton reported that the Committee had considered the amendments referred to it, had made progress therein and asked leave to sit again.

Ordered - That the Committee have leave to sit again tomorrow.

 

24      Adjournment

         House adjourned at 11.37 pm until tomorrow at 2.00 pm.

 

____________

 

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

         For Wednesday 4 August

Notice of Motion: Government Business –

 

The Minister for Environment and Heritage to move – That she have leave to introduce a Bill for an Act to amend the Heritage Act 1993.

 

         For Thursday 5 August

Notices of Motion: Private Members Bills/ Committees/ Regulations –

 

Ms White to move – That she have leave to introduce a Bill for an Act to amend the Residential Tenancies Act 1995.

 

Notices of Motion: Other Motions

 

Hon R B Such to move – That this House urges the Federal Government to pursue all means at its disposal to help bring about democracy in Burma.

 

Hon M D Rann to move – That this House urges the Federal Government to bring forward its review to assess the impact of phased tariff cuts on the automotive industry to 2005; when the tariff will be cut to 10%, and formally ask the World Trade Organisation to investigate nations which are circumventing world trade regulations by employing tariff and non-tariff barriers against Australian automotive exports.

 

Hon M D Rann to move – That this House notes that the South Australian lamb industry supplies more than 25% of Australian lamb exports at a value of $27 million to the State’s economy and expresses concern at the decision of the United States Government to impose a tariff on Australian lamb exports and fully supports action taken by Australia in the World Trade Organisation and other international trade forums to have this decision reversed.

 


 

 

____________

 

 

         Present during the day - All Members except Hon D C Brown and Ms Hurley.

 

         The following Pairs were handed in at the Table during the days proceedings:

 

         Division No 1 -

               Ayes – Hon D C Brown.

               Noes – Ms Hurley.

 

 

 

 

 

                                                                                                            J K G Oswald

                                                                                                            SPEAKER

 

G D Mitchell

CLERK OF THE HOUSE OF ASSEMBLY