No 46

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

THURSDAY 5 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       Paper

         The following Paper was tabled:

 

         By the Minister for Year 2000 Compliance (Hon W A Matthew) -

               Progress of State Agencies in the detection, prevention and remedy of problems relating to year 2000 processing – First Report.

 

3       Postponement of business

Ordered - That Notices of Motion: Private Members Bills/Committees/Regulations Nos 1 and 2 be postponed until Thursday 2 September.

 

4       Residential Tenancies (Caravan and Transportable Home Parks) Amendment Bill

Ms White, pursuant to notice, moved - That she have leave to introduce a Bill for an Act to amend the Residential Tenancies Act 1995.

Question put and passed.

 

         Bill presented and read a first time.

         Ms White moved - That this Bill be now read a second time.

Ordered, on motion of Mr Meier, that the debate be adjourned until Thursday 2 September.

 

5       Select Committee on a Heroin Rehabilitation Trial  – Extension of time

Order of the Day read for the Report of the Select Committee to be brought up.

Mr Hamilton-Smith moved – That the Select Committee have the power to continue its sittings during the recess and that the time for bringing up the Report be extended until the first day of next session.

Question put and passed.

 

6       Withdrawal of Order of the Day from Notice Paper

Order of the Day: Private Members Bills/Committees/Regulations No 2 read.

Mr Speaker informed the House that the regulations, which were the subject of this Order of the Day, had been disallowed in the Legislative Council and therefore directed that the Order of the Day be removed from the Notice Paper.

 


7       Racing (SATRA – Constitution and Operations) 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.

         House divided (No. 1):

 


                     Ayes, 21

 

Mr Atkinson

Ms Bedford

Ms Breuer

Ms Ciccarello

Mr Clarke

Mr Conlon

Mr De Laine

Mr Foley

Mrs Geraghty

Mr Hanna

Mr Hill

Ms Key

Mr Koutsantonis

Mr McEwen

Ms Rankine

Hon M D Rann

Mr Snelling

Ms Stevens

Ms Thompson

Ms White

Mr Wright (Teller)


        Noes, 23

 

Hon M H Armitage

Hon M K Brindal

Hon R L Brokenshire

Hon R B Buckby

Mr Condous

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 Meier

Hon J W Olsen

Mrs Penfold

Mr Scalzi

Hon R B Such

Mr Venning

Mr Williams

Hon D C Wotton

Hon I F Evans (Teller)


 

         So it passed in the negative.

 

8       Technical and Further Education Act – Regulations – Principal – Motion for disallowance

Order of the Day read for the adjourned debate on the motion of Mr Condous – That the Principal Regulations under the Technical and Further Education Act 1975, made on 10 September 1998 and laid on the table of this House on 27 October 1998, be disallowed.

Question put and passed.

 


9       Summary Offences (Child Boxing Contests) 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.

         House divided (No 2):

 


                     Ayes, 19

 

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)


        Noes, 24

 

Hon M H Armitage

Hon M K Brindal

Hon R L Brokenshire

Hon R B Buckby

Mr Condous

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

Mrs Penfold

Mr Scalzi

Hon R B Such

Mr Venning

Mr Williams

Hon D C Wotton

Hon I F Evans (Teller)


 

         So it passed in the negative.

 

10      Door-to-Door Sales (Employment of Children) 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 and 2 agreed to.

                                                Clause No 3 read.

 

To report progress and ask leave to sit again.

____________

 

The House having resumed:

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

Ordered – That the Committee have leave to sit again on motion.

 


11      Workers Rehabilitation and Compensation (Mental Incapacity) 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.

         House divided (No. 3):

 


                     Ayes, 20

 

Mr Atkinson

Ms Bedford

Ms Breuer

Ms Ciccarello

Mr Clarke

Mr Conlon

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)


        Noes, 24

 

Hon M H Armitage

Hon M K Brindal

Hon R L Brokenshire

Hon R B 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

Hon J W Olsen

Mrs Penfold

Mr Scalzi

Hon R B Such

Mr Venning

Mr Williams

Hon D C Wotton

Mr Meier (Teller)


 

         So it passed in the negative.

 

____________

 

It being Midday, Notices of Motion: Other Motions were called on by the Clerk.

____________

 

12      Suspension of Standing Orders

Mr Meier, without notice, moved - That Standing Orders be so far suspended as to enable Notices of Motion: Other Motions to be postponed until Orders of the Day: Private Members Bills/ Committees/ Regulations are disposed of.

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

 

13      Postponement of business

Ordered - That Orders of the Day: Private Members Bills/Committees/Regulations Nos 8 and 9 be postponed until Thursday 2 September.

 

14      Democracy in Burma - Motion re

         Hon R B Such, pursuant to notice, moved – That this House urges the Federal Government to pursue all measures at its disposal to help bring about democracy in Burma.

         Debate ensued.

         Question put and passed.

 


15      Automotive Industry Tariffs - Motion re

Hon M D Rann, pursuant to notice, proceeding 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.

____________

 

It being 12.30 pm, Orders of the Day: Other Motions were called on by the Clerk.

____________

 

16      Postponement of business

Ordered - That Orders of the Day: Other Motions be postponed until Notices of Motion: Other Motions are disposed of.

 

17      Automotive Industry Tariffs - Motion re

Motion (interrupted by the foregoing) resumed.

         Ordered, on motion of Mr Meier, that the debate be adjourned until Thursday 2 September.

 

18      Lamb Exports to USA - Motion re

Hon M D Rann, pursuant to notice, moved - 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.

         Debate ensued.

____________

 

It being 1.00 pm, the debate was adjourned (Mr Williams, by leave) and made an Order of the Day for Thursday 2 September.

____________

 

19      Message from the Governor

         The following Message from the Governor was received and read:

 

         Emergency Services Funding (Miscellaneous) Amendment Bill - Recommending                                          Message No 17

The Governor recommends to the House of Assembly the appropriation of such amounts of money as may be required for the purposes mentioned in the Emergency Services Funding (Miscellaneous) Amendment Bill 1999.

         Government House, 5 August 1999                                             E J Neal, GOVERNOR

 


20      Petitions Nos 78 to 81

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

 

78   The Minister for Year 2000 Compliance (Hon W A Matthew), from 6 residents of South Australia, requesting that the House urge the Government to make funds from the Industry Subscribed Indemnity Fund available to former investors in Growdens.

 

79   Mr Foley, from 95 residents of South Australia, requesting that the House conduct an inquiry into the proposed power station at Pelican Point.

 

80   Mr Foley, from 824 residents of South Australia, requesting that the House urge the Government not to permit a ship breaking facility at Pelican Point.

 

81   Ms Stevens, from 7 331 residents of South Australia, requesting that the House urge the Government not to reduce maternity services at the Queen Elizabeth Hospital.

 

21      Papers

         The following Papers were tabled:

 

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

              Industrial and Commercial Premises Corporation – Charter

              Information Industries Development Centre – Charter

              Land Management Corporation – Charter.

 

22      Public Works Committee - Report - William Light School Redevelopment

Mr Lewis brought up the One Hundred and Fourth Report of the Committee on the William Light School Redevelopment.

         Report received.

 

         Ordered to be published (Paper No 224)

 

23      Questions

         Questions without notice were asked.

 

24      Suspension of Standing Orders

The Minister for Police, Correctional Services and Emergency Services (Hon R L Brokenshire), without notice, moved - That Standing Orders be so far suspended as to enable him to move a motion without notice, forthwith.

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

 

         Emergency Services Funding (Miscellaneous) Amendment Bill - Motion re

         The Minister, pursuant to order, moved – That following the receipt of the Message from His Excellency the Governor recommending the appropriation of revenue in the Emergency  Services Funding (Miscellaneous) Amendment Bill, a Message be sent to the Legislative Council requesting the Council to return the Bill to enable its reconsideration.

         Question put and passed.

 

25      Grievance debate

         The Speaker proposed - That the House note grievances.

         Debate ensued.

         Question put and passed.

 


26      Listening Devices (Miscellaneous) Amendment Bill

The Minister for Industry and Trade (Hon I F Evans) reported as follows – That the Managers have been at the Conference on the Listening Devices (Miscellaneous) Amendment Bill, which was managed on the part of the Legislative Council by the Attorney General (Hon K T Griffin), Hon I Gilfillan, Hon C A Pickles, Hon A J Redford and Hon C Zollo and we there received from the Managers on behalf of the Legislative Council, the following resolution adopted by that House – That the disagreement to the Amendments be insisted on.

And thereupon the Managers for the two Houses conferred together but no agreement was reached.

The Speaker stated that as no recommendation from the Conference has been made, the House, pursuant to Standing Order No 302, must either resolve not to insist further on its requirements or order the Bill to be laid aside.

The Minister moved – That the Bill be laid aside.

Debate ensued.

Question put and passed.

 

27      Message from the Legislative Council

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

 

         Casino (Licence) Amendment Bill                                                      Message No 90

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

         Legislative Council, 5 August 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.

 

         Suspension of Standing Orders

The Minister, without notice, moved - That Standing Orders be so far suspended as to enable the Bill 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.

 

Debate ensued.

         Question put and passed.

 

         Bill read a second time.

In Committee

                                                Clauses Nos 1 to 3 agreed to.

                                                Clause No 4 read.

 

Mr Lewis moved on page 2, lines 4 to 7, to leave out the words “a casino licence” and insert in lieu thereof the words “the casino licence”, wherever occurring.

 

To report progress and ask leave to sit again.

____________

The House having resumed:

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

Ordered – That the Committee have leave to sit again on motion.

 


28      Extension of time for adjournment

The Minister for Education, Children’s Services and Training moved - That the time for moving the adjournment of the House be extended beyond 5.00 pm.

Question put and passed.

 

29           Casino (Licence) Amendment Bill         

Ordered – That consideration in Committee of the Casino (Licence) Amendment Bill be now resumed.

 

In Committee

                                                Clause No 4 further considered.

                                                Mr Lewis’ amendment further considered.

         Question – That the amendment be agreed to – put.

 

         Committee divided (No 4):

 


                       Ayes, 3

 

Ms Maywald

Mr Williams

Mr Lewis (Teller)

 


        Noes, 37

 

Mr Atkinson

Ms Bedford

Ms Breuer

Hon M K Brindal

Hon R L Brokenshire

Ms Ciccarello

Mr Condous

Mr Conlon

Mr De Laine

Hon I F Evans

Mr Foley

Mrs Geraghty

Hon G M Gunn

Hon J L Hall

Mr Hamilton-Smith

Mr Hanna

Mr Hill

Hon G A Ingerson

Ms Key

Hon D C Kotz

Mr Koutsantonis

Mr McEwen

Mr Meier

Hon J W Olsen

Hon J K G Oswald

Mrs Penfold

Ms Rankine

Hon M D Rann

Mr Scalzi

Mr Snelling

Ms Stevens

Hon R B Such

Ms Thompson

Mr Venning

Ms White

Mr Wright

Hon R B Buckby (Teller)


 

         So it passed in the negative.

 

                                                Clause agreed to.

                                                Clause No 5 read.

 

To report progress and ask leave to sit again.

____________


 

The House having resumed:

Mr Scalzi reported that the Committee had considered the Bill referred to it and had made progress therein and asked leave to sit again.

Ordered – That the Committee have leave to sit again on motion.

 

30      Message from the Legislative Council

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

 

         Emergency Services Funding (Miscellaneous) Amendment Bill         Message No 91

MR SPEAKER - The Legislative Council has, in reply to Message No 97 from the House of Assembly, withdrawn the Emergency Services Funding (Miscellaneous) Amendment Bill, which is returned herewith.

         Legislative Council, 5 August 1999                                             J C Irwin, PRESIDENT

 

31      Suspension of Standing Orders

The Minister for Police, Correctional Services and Emergency Services (Hon R L Brokenshire), without notice, moved - That Standing Orders be so far suspended as to enable him to move a motion forthwith for the rescission of the third reading of the Emergency Services Funding (Miscellaneous) Amendment Bill.

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

 

         Rescission of vote

The Minister, pursuant to order, then moved – That the vote on the third reading of the Emergency Services Funding (Miscellaneous) Amendment Bill taken in the House yesterday be rescinded.

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

 

         Emergency Services Funding (Miscellaneous) Amendment Bill

The Minister moved – That this Bill be now read a third time.

Question put and passed.

 

Bill read a third time and passed.

 

32      Casino (Licence) Amendment Bill         

Ordered – That further consideration in Committee of the Casino (Licence) Amendment Bill be resumed.

 

In Committee

                                                Clauses Nos 5 to 15 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.

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

Debate ensued.

Question put and passed.

 

Bill read a third time and passed.

 


33      Message from the Legislative Council

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

 

         Local Government (Elections) BIll                                                      Message No 92

MR SPEAKER – The Legislative Council has agreed to the Bill returned herewith, titled an Act to regulate the conduct of local government elections; 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, 5 August 1999                                             J C Irwin, PRESIDENT

 

Schedule of the amendments made by the Legislative Council

 

No. 1. Page 2, line 20 (clause 4) - After "person" insert:

                       , body corporate or group of persons

 

No. 2. Page 5, line 12 (clause 6) - Leave out "subsection (4)" and insert:

                       subsection (6)

 

No. 3. Page 9, line 4 (clause 14) - Leave out "Act" and insert:

                       Act1.

 

No. 4. Page 9 (clause 14) - After line 27 insert the following:

                     .        Subsection (1) does not apply to the Crown (see section 303 of the Local Government Act 1999).

 

No. 5. Page 10, line 15 (clause 15) - After "person" insert:

                       , body corporate or group

 

No. 6. Page 10, line 16 (clause 15) - After "person" insert:

                       , body corporate or group

 

No. 7. Page 10, line 19 (clause 15) - After "person" insert:

                       , body corporate or group

 

No. 8. Page 10, line 20 (clause 15) - After "of the person" insert:

                       , body corporate or group

 

No. 9. Page 10, line 20 (clause 15) - After "by the person" insert:

                       , body corporate or group

 

No. 10.    Page 12, line 1 (clause 15) - After "person" insert:

                       , body corporate or group

 

No. 11.    Page 13, line 29 (clause 16) - Leave out "A person" and insert:

                       An elector

 


No. 12.    Page 13, line 29 (clause 16) - Leave out "a person" and insert:

                       an elector

 

No. 13.    Page 15 (clause 19) - After line 23 insert the following:

                       (ab)        a profile of the candidate that complies with the regulations; and

 

No. 14.    Page 15, line 24 (clause 19) - Leave out "the information" and insert:

                       other information

 

No. 15.    Page 15 (clause 19) - After line 25 insert the following:

                       (2a) A profile under subsection (2) may include a photograph of the candidate (that complies with the regulations).

 

No. 16.    Page 22, line 1 (clause 39) - After "person" insert:

                       , body corporate or group of persons

 

No. 17.    Page 22, line 23 (clause 39) - After "record of the" insert:

                       electors and other

 

No. 18.    Page 22, lines 25 and 26 (clause 39) - Leave out "delivered to a particular person" and

                       insert:

                       successfully delivered

 

No. 19.    Page 22, line 27 (clause 39) - Leave out "to a person".

 

No. 20.    Page 29, line 24 (clause 48) - Leave out "voters" and insert:

                       votes

 

No. 21.    Page 32, line 19 (clause 51) - Leave out "to voters".

 

No. 22.    Page 32, line 21 (clause 51) - Leave out "to persons".

 

No. 23.    Page 38, line 18 (clause 69) - Leave out "(a)" and insert:

                       (b)(i)

 

J M Davis, CLEK OF THE LEGISLATIVE COUNCIL

 

         Ordered - That the Message 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.

 


34      Suspension of Standing Orders

The Minister for Local Government, without notice, moved - That Standing Orders be so far suspended as to enable Orders of the Day: Other Motions Nos 3 to 5 to be taken into consideration forthwith and any question put, without any further debate..

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

 

35      Port Stanvac Oil Spill - Motion re

Order of the Day read for the adjourned debate on the motion of Mr Hill - That this House calls on the Government to establish an open and independent inquiry into the circumstances surrounding the discharge of crude oil into the marine environment at Port Stanvac in June 1999 and establish terms of reference for the inquiry to report publicly on

(a)  the actions of the Minister for the Environment and Heritage and the Minister for Transport and the agencies for which they have responsibility;

(b)  the actions of Mobil and any other companies involved in the incident;

(c)  the monitoring systems of both the Government and the companies involved in the movement and storage of petroleum products at Port Stanvac;

(d)  recommendations regarding changes to legislation and/or procedures to prevent future oil discharges; and

(e)  the equipment and procedures used in transferring and storing petroleum products from ship to shore at Port Stanvac.

         Question put and negatived.

 

36      Jetties for Recreational Purposes - Motion re

Order of the Day read for the adjourned debate on the motion of Ms Hurley – That this House calls on the Minister for Government Enterprises to guarantee continued safe public access to jetties for recreational purposes, including fishing.

Which Mr Lewis has moved to amend by leaving out the words “Minister for Government Enterprises” and inserting in lieu thereof the words “Local Government bodies in areas in which the jetties are situated”.

Question – That the amendment be agreed to – put and negatived.

         Question – That the motion be agreed to - put and passed.

 

37      Wine Equalisation Tax -  Motion re

Order of the Day read for the adjourned debate on the motion of Ms Hurley – That this House notes that the -

(a)  Federal Government through the proposed 29% Wine Equalisation Tax (WET) intends to effectively increase the current 41% Wholesale Sales Tax on wine to a 46% tax rate equivalent, raise an additional $147 million in revenue and tax cellar door sales;

(b)  increases in wine prices caused by the introduction of WET contradicts the Prime Minister’s assurance that prices will not rise by more than 1.9% under the GST;

(c)  Wine Industry estimates that the proposed tax would cost 500 jobs nationwide and will have a disproportionate adverse effect in South Australia, including small wineries; and

calls on the Federal Government to reduce the WET proposal to the revenue neutral rate of 24.5% and provide exemptions of at least $100,000 for cellar doors sales, tastings and promotions.

         Question put and passed.

 


38      Next day of sitting

         The Minister for Government Enterprises (Hon M H Armitage) moved - That the House at its rising adjourn until Tuesday 31 August at 2.00 pm.

         Debate ensued.

         Question put and passed.

 

39      Suspension and resumption of sitting

         At 8.50 pm the sitting of the House was suspended.

         At 11.56 pm the Speaker resumed the Chair.

 

40      Suspension of Standing Orders

The Minister for Education, Children’s Services and Training, without notice, moved - That Standing Orders be so far suspended as to enable the House to sit beyond midnight.

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

 

41      Messages from the Legislative Council

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

 

         Residential Tenancies (Miscellaneous) Amendment Bill                    Message No 93

MR SPEAKER - The Legislative Council has agreed to the amendment made by the House of Assembly in the Residential Tenancies (Miscellaneous) Amended Bill, without any amendment.

         Legislative Council, 5 August 1999                                             J C Irwin, PRESIDENT

 

         Statutes Repeal and Amendment (Local Government) Bill                Message No 94

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to make certain repeals and amendments to legislation in connection with changes to the system of local government in the State; to enact transitional provisions; 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, 5 August 1999                                             J C Irwin, PRESIDENT

 

Schedule of the amendments made by the Legislative Council

 

No. 1.   Page 1, line 16 (clause 2) - Leave out “This” and insert:

                   Subject to subsection (2), this

 

No. 2.   Page 1 (clause 2) - After line 16 insert the following:

                   (2)  Section 41A will come into operation on the day on which section 359 of the Local Government Act 1934 is repealed.

 

No. 3.   Page 3 (clause 5) - After line 23 insert the following:

                        (ia)   by striking out from section 24(1) "will" and substituting "is entitled to";

 

No. 4.   Page 3, line 33 (clause 5) - After "regulations" insert:

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

 

No. 5.   Page 4, line 9 (clause 5) - Leave out "will" and insert:

                   is entitled to

 


No. 6.   Page 4 (clause 5) - After line 25 insert the following:

                                       (na)       by inserting after paragraph (e) of section 32(2) the following paragraph:

 

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

 

No. 7.   Page 5 (clause 5) - After line 14 insert the following:

                                       (ya)       by inserting after section 37 the following Part:

 

                                                   PART 3A

                                       THE ADELAIDE PARK LANDS

 

                   Interpretation

                   37AAA. In this Part—

 

                   "Adelaide Park Lands" means the park lands of the city described in section 37C.

 

                   Protection of the area of Adelaide Park Lands available for public use

                   37AAB. (1) In this section—

 

                   "land trust" means the land (in the nature of open space) forming part of the Adelaide Park Lands that is available for unrestricted public use and enjoyment.

 

                   (2) For the purposes of this section—

 

                   (a)    the Adelaide City Council will be credited with 1 credit unit for every 2 square metres of land that the Council adds to the land trust after the commencement of this section; and

 

                   (b)    the Crown will be credited with 1 credit unit for every 2 square metres of land that the Crown, or any agency or instrumentality of the Crown, adds to the land trust (including by the return, surrender or redelineation of land so as to add land to the Adelaide Park Lands) after the commencement of this section.

 

                   (3) Before the Adelaide City 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.

 

                   (4) Any dispute between the Adelaide City Council and the Crown as to whether subsection (3) has been complied with in a particular case will be referred to the Capital City Committee.

 

                   (5) The Adelaide City 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 from the land trust.

 

                   1.     If the Adelaide City Council grants a lease or licence or takes other action to remove land from the land trust under this subsection, then the number of credit units held by the Council will be reduced by an amount equal to the area, in square metres, of the land that is subject to the lease or licence or otherwise so removed.

 

                   2.     This subsection does not apply—

 

                   (a)    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 within the preceding period of three months (to the extent that land is not added to the area of the lease or licence); or

 

                   (b)    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 of the Local Government Act 1999 applies; or

 

                   (c)    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 under the Local Government Act 1999 (to the extent that land is not added to the area of the licence); or

 

                   (d)    to a lease or licence for a term (including any right of renewal) not exceeding three months, or to any other temporary removal of land from the land trust for a period not exceeding three months; or

 

                   (e)    to a licence that does not confer a right to occupy land.

 

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

 

                   (6) 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 Adelaide City 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.

 

                   1.     If the Crown, or any agency or instrumentality of the Crown, removes land from the land trust under this subsection, then the number of credit units held by the Crown will be reduced by an amount equal to the area, in square metres, of the land that is so removed.

 

                   2.     This subsection does not apply to a temporary removal of land from the land trust for a period not exceeding three months.

 

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

 

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

 

                   Constitution of fund to benefit the Adelaide Park Lands

                   37AAC. (1) The Adelaide City Council must establish a fund entitled the Adelaide Park Lands Fund.

 

                   (2) The fund consists of—

 

                   (a)    all amounts paid to the credit of the fund under subsection (3); and

 

                   (b)    any income paid into the fund under subsection (5).

 

                   (3) A person or public authority proposing to undertake development on land forming part of the Adelaide Park Lands must not commence the development unless or until the prescribed amount in respect of the development has been paid to the credit of the fund.

 

                   (4) Subsection (3) does not apply to—

 

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

 

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

 

                   (c)    development undertaken by any person or public authority for the beautification, rehabilitation or restoration of the Adelaide Park Lands; or

 

                   (d)    development of a prescribed class.

 

                   (5) Any money in the fund that is not for the time being required for the purposes of the fund may be invested by the Council and any resultant income must be paid into the fund.

 

                   (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.

 

                   (7) If an amount is paid to the credit of the fund by a person or public authority in respect of a proposed development and the development does not subsequently proceed, the Council may, in its absolute discretion, repay the amount to the person or public authority from the fund.

 

                   (8) The Council may require a person or public authority to provide reasonable information or evidence in connection with the determination of a prescribed amount for the purposes of this section.

 

                   (9) If the Council believes on reasonable grounds that information or evidence provided under subsection (8) is incomplete or inaccurate, the Council may make a determination of the prescribed amount on the basis of estimates made by the Council.

 

                   (10) A person who—

 

                   (a)    commences development in contravention of subsection (3); or

 

                   (b)    fails, without reasonable excuse, to comply with a requirement under subsection (8) within a reasonable time,

 

                   is guilty of an offence.

 

                   Maximum penalty:     $10 000.

 

                   (11) 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.

 

                   (12) The Minister must, within six sitting days after receiving a report under subsection (11), have copies of the report laid before both Houses of Parliament.

 

                   (13) The Council must ensure that copies of a report under subsection (11) 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.

 

                   (14) In this section—

 

                   "development" has the meaning given in the Development Act 1993;

 

                   "prescribed amount", in respect of a development, means—

 

                   (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

 

                                      The regulations may prescribe matters that will be included or excluded from total anticipated development costs for the purposes of this definition.

 

                   "public authority" means—

 

                   (a)    the Crown;

 

                   (b)    an agency or instrumentality of the Crown;

 

                   (c)    a council or other body established under the Local Government Act 1999.

 

No. 8.   Page 6, lines 36 to 38 (clause 5) - Leave out subclause (10) and insert:

              (10) A person, body corporate or group may, within one week after a preliminary revision is made available under subclause (8), object to the chief executive officer on the ground that the name of the person, body corporate or group has been omitted in error from the roll.

 

No. 9.   Page 7 (clause 5) - After line 11 insert the following:

                   (zda)      by striking out subclause (8) of clause 7 of schedule 1 and substituting the following subclause:

 

                   (8) A person, body corporate or group is only entitled to one vote for each (or any) ward for which the person, body corporate or group is enrolled.;

 

                   (zdb)            by inserting in clause 7(9) of schedule 1 ", body corporate or group" after "A person";

 

                   (zdc)             by striking out subclause (10) of clause (7) of schedule 1 and substituting the following subclause:

 

                   (10) If a person, body corporate or group is entitled to vote in more than one ward, the person, body corporate or group is still only entitled to one vote for the area of the Council as a whole.;

 

No. 10. Page 9, line 1 (clause 5) - After "person" insert:

                   , body corporate or group

 

No. 11. Page 9 (clause 5) - After line 12 insert the following:

                   (zla)      by inserting in clause 12(8) of schedule 1 ", bodies corporate and groups" after "the persons";

 

                   (zlb)      by striking out from clause 12(9) of schedule 1 "delivered to a particular person" and substituting "successfully delivered";

 

                   (zlc)      by striking out from the note to clause 12(9) of schedule 1 "to a person";

 

No. 12.  Page 9, line 18 (clause 5) - Leave out "is not invalid by reason only of the fact" and insert:

                may be admitted to the count notwithstanding

 

No. 13.      Page 9, line 35 (clause 5) - Leave out "four" and insert:

                three

 

No. 14.      Page 9, line 36 (clause 5) - Leave out "four" and insert:

                        three

 


No. 15.      Page 10 (clause 6) - After line 17 insert the following:

                   (2a) The Minister must, in taking steps under subsection (2), have regard to the duties of the Minister responsible for the administration of the Harbors and Navigation Act 1995 under section 86 of that Act.

 

No. 16.      Page 11 (clause 8) - After line 16 insert the following:

                 (ha)  by striking out paragraphs (a) and (b) of section 25(1) and substituting the following paragraphs:

 

                 (a)    if the agency concerned is not a council—

 

                        (i)    the Government of the Commonwealth or of another State; or

 

                        (ii)    a council (including a council constituted under a law of another State);

 

                 (b)   if the agency concerned is a council—

 

                        (i)    the Government of South Australia or the Government of the Commonwealth or of another State; or

 

                        (ii)    another council (including a council constituted under a law of another State).;

 

No. 17.      Page 13, lines 9 to 13 (clause 8) - Leave out paragraph (a) and insert new paragraph as follows:

                        (a)   it contains information communicated to the Government of South Australia or a council by the Government of the Commonwealth or of another State or by a council constituted under a law of another State; and

 

No. 18.      Page 13, line 14 (clause 8) - Leave out "council or Government" and insert:

                         Government or council

 

No. 19.      Page 13, line 15 (clause 8) - Leave out "this Act or".

 

No. 20.      Page 13, line 21 (clause 8) - Leave out "or the" and insert:

                         , the

 

No. 21.      Page 13, line 22 (clause 8) - After "another State" insert:

                         or a council constituted under a law of another State

 

No. 22.      Page 13, line 26 (clause 8) - Leave out "or the" and insert:

                         , the

 

No. 23.      Page 13, line 27 (clause 8) - After "another State" insert:

                         or a council constituted under a law of another State

 

No. 24.      Page 13 (clause 8) - After line 30 insert the following:

                 (wa)  by striking out subclause (2) of clause 5 of schedule 1;

 


No. 25.      Page 14 (clause 9) - After line 14 insert the following:

                 (2a) The Minister must, in taking steps under subsection (2), have regard to the duties of the Minister responsible for the administration of the Coast Protection Act 1972 under section 36A of that Act.

 

No. 26.      Page 23, line 5 (clause 18) - After "of that" insert:

                         or any other

 

No. 27.      Page 23 (clause 19) - After line 20 insert the following:

                 (2) The validity of a notice published by a council pursuant to Division 11 of Part 2 of the 1934 Act on the basis of a certificate of the Electoral Commissioner under section 24(11) of that Act cannot be called into question.

 

                 (3) A council cannot be required to undertake a review of its composition and ward structure under section 12(24) of the 1999 Act by virtue only of the fact that a variation in representation levels has occurred as a result of the enactment of the 1999 Electoral Act1.

 

                                         This provision does not affect the powers of the Electoral Commissioner under section 12(4) of the 1999 Act.

 

No. 28.      Page 24 (clause 23) - After line 19 insert the following:

                 (2a) A council may, in fixing an allowance under subsection (1), determine that any increase in an allowance will be back-dated to 1 July 1999.

 

                 (2b) A regulation made for the purposes of Part 5 of Chapter 5 of the 1999 Act before the periodic election to be held in May 2000 may be brought into operation on 1 July 1999 even if that date is earlier than the date of its publication in the Gazette.

 

No. 29.      Page 24, lines 36 to 39 (clause 25) - Leave out this clause.

 

No. 30.      Page 25 (clause 31) - After line 40 insert the following:

                         (3a) A council must, in respect of each of the first three financial years for which the council has a rating policy under Division 7 of Part 1 of Chapter 10 of the 1999 Act, prepare and publish a report in accordance with the following requirements:

 

                        (a)        the report must provide information on—

 

                        (i)         the number of applications for rebates of rates under section 167(1)(h) of the 1999 Act received from retirement villages in respect of the relevant financial year; and

 

                        (ii)         the results of those applications; and

 

                        (iii)        the way in which the council's policy on issues of equity arising from circumstances where ratepayers provide or maintain infrastructure that might otherwise be provided or maintained by the council has been applied in relation to each application (insofar as that policy is relevant to the application); and

 

                        (b)        the council must ensure—

 

                        (i)         that a copy of the report is submitted to the Presiding Members of both Houses of Parliament in conjunction with the council's annual report for the relevant financial year; and

 

                        (ii)         that copies of the report 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 for at least 12 months following its publication under subparagraph (i).

 

No. 31.      Page 26, line 12 (clause 32) - After "for the purposes of that" insert:

                         or any other

 

No. 32.      Page 26, line 24 (clause 33) - After "for the purposes of that" insert:

                         or any other

 

No. 33.      Page 26 - After line 35 insert new clause as follows:

                 References to controlling authorities

                 33A. A reference in another Act to controlling authorities established under the 1934 Act will be taken to be a reference to subsidiaries established under the 1999 Act.

 

No. 34.      Page 28 - After line 24 insert new clause as follows:

                 Certain road closures to cease to have effect

                        41A. (1) The closure of a prescribed road to vehicles generally or vehicles of a particular class in force under section 359 of the 1934 Act immediately before the repeal of that section ceases to have effect (unless already brought to an end) six months after the repeal of that section (and the relevant council must, on the closure of a prescribed road ceasing to have effect pursuant to this subsection, immediately remove any traffic control device previously installed by the council to give effect to the closure).

 

                        (2) However, subsection (1) does not apply if continuation of the closure of the prescribed road is, before the expiration of the six month period referred to in that subsection, agreed to by resolution passed by the affected council under this subsection.

 

                        (3) In this section—

 

                        "affected council", in relation to a prescribed road, means the council into whose area the road runs;

 

                        "prescribed road" means a road that runs into the area of another council.

 

                        (4) For the purposes of this section, a road that runs from the area of a council into an intersection and then changes to a different road in the area of another council on the other side of the intersection will be taken to run into the area of another council.

 

No. 35.      Page 29, line 33 (clause 44) - After "relevant day" insert:

                 subject to the qualification that if a council is proposing to take action in a case where it is required by the 1999 Act to follow a public consultation policy then the council must adopt a public consultation policy under Chapter 4 Part 5 in order to comply with the 1999 Act.

 

No. 36.      Page 29, lines 34 to 36 (clause 44) - Leave out subclause (2).

 

J M Davis, CLERK OF THE LEGISLATIVE COUNCIL

 

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

 

         Emergency Services Funding (Miscellaneous) Amendment Bill         Message No 95

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Emergency Services Funding Act 1998 and to make related amendments to the Country Fires Act 1989, with the amendments indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

         Legislative Council, 5 August 1999                                             J C Irwin, PRESIDENT

 

Schedule of the amendments made by the Legislative Council

 

No. 1    Page 1, line 6 (Long Title) – Leave out all words after “1998”.

 

No. 2    Page 6, lines 20 to 27 (clause 21) – Leave out this clause.

 

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.

 

         Appropriation Bill                                                                               Message No 96

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act for the appropriation of money from the Consolidated Account for the year ending on 30 June 2000 and for other purposes, without any amendment.

         Legislative Council, 5 August 1999                                             J C Irwin, PRESIDENT

 

         Local Government Bill                                                                        Message No 97

MR SPEAKER - The Legislative Council has agreed to the House of Assembly’s amendments to Amendments Nos 65, 73, 75 and 153 in the Local Government Bill without any amendment, does not insist on its Amendments Nos 114 to 143 and 152, but agrees to the alternative amendments made by the House of Assembly to the words reinstated by the said disagreement and does not insist on its Amendments Nos 46, 47, 66, 67, 76 and 83 and agrees to the consequential amendments made by the House of Assembly. The Bill is returned herewith.

         Legislative Council, 5 August 1999                                             J C Irwin, PRESIDENT

 

         Motor Vehicles (Miscellaneous) Amendment Bill                                Message No 98

MR SPEAKER - The Legislative Council has agreed to the amendments made by the House of Assembly in the Motor Vehicles (Miscellaneous) Amendment Bill, without any amendment.

         Legislative Council, 5 August 1999                                             J C Irwin, PRESIDENT

 


         New Tax System Price Exploitation Code (South Australia) Bill         Message No 99

MR SPEAKER - The Legislative Council has agreed to the amendment made by the House of Assembly in the New Tax System Price Exploitation Code (South Australia) Bill, without any amendment.

         Legislative Council, 5 August 1999                                             J C Irwin, PRESIDENT

 

42      Suspension and resumption of sitting

         At 12.27 am the sitting of the House was suspended.

         At 1.25 am the Speaker resumed the Chair.

 

43      Messages from the Legislative Council

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

 

Fisheries (Gulf St. Vincent Prawn Fishery Rationalization)(Charges on Licences) Amendment Bill             Message No 100

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Fisheries (Gulf St. Vincent Prawn Fishery Rationalization) Act 1987, without any amendment.

         Legislative Council, 5 August 1999                                             J C Irwin, PRESIDENT

 

         Controlled Substances (Forfeiture and Disposal) Amendment Bill        

                                                                                                                  Message No 101

MR SPEAKER - - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Controlled Substances Act 1984, with amendments indicated in the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

         Legislative Council, 5 August 1999                                             J C Irwin, PRESIDENT

 

Schedule of the amendments made by the Legislative Council

 

No. 1. Page 1, line 10 (clause 1)— Leave out "Forfeiture and Disposal" and insert:

                          Miscellaneous

 

No. 2. Page 1—After line 12 insert new clauses as follow:

                          Amendment of s. 13—Manufacture, production and packing

                           1A. Section 13 of the principal Act is amended by inserting after subsection (2) the following subsection:

 

                           (3) In proceedings for an offence against subsection (1), the paragraphs of the subsection are to be treated as providing exceptions, and, if the complaint negatives the exceptions or alleges that the defendant acted without lawful authority, no proof will be required in relation to the exceptions by the prosecution but the application of an exception will be a matter for proof by the defendant.

 

              Amendment of s. 14—Sale by wholesale

                           1B. Section 14 of the principal Act is amended by inserting after subsection (2) the following subsection:

 

                           (3) In proceedings for an offence against subsection (1), the paragraphs of the subsection are to be treated as providing exceptions, and, if the complaint negatives the exceptions or alleges that the defendant acted without lawful authority, no proof will be required in relation to the exceptions by the prosecution but the application of an exception will be a matter for proof by the defendant.

 


              Amendment of s. 15—Sale or supply to end user

                           1C. Section 15 of the principal Act is amended by inserting after subsection (2) the following subsection:

 

                           (3) In proceedings for an offence against subsection (1), the paragraphs of the subsection are to be treated as providing exceptions, and, if the complaint negatives the exceptions or alleges that the defendant acted without lawful authority, no proof will be required in relation to the exceptions by the prosecution but the application of an exception will be a matter for proof by the defendant.

 

              Amendment of s. 18—Sale, supply, administration and possession of prescription drugs

                           1D. Section 18 of the principal Act is amended by striking out subsection (4) and substituting the following subsection:

 

                           (4) In proceedings for an offence against subsection (1) or (3), the paragraphs of the subsection are to be treated as providing exceptions, and, if the complaint negatives the exceptions or alleges that the defendant acted without lawful authority and, in the case of a complaint for an offence against subsection (3), without reasonable excuse, no proof will be required in relation to the exceptions by the prosecution but the application of an exception will be a matter for proof by the defendant.

 

              Amendment of s. 31—Prohibition of possession or consumption of drug of dependence and prohibited substance

                           1E. Section 31 of the principal Act is amended by inserting after subsection (4) the following subsection:

 

                           (5) In proceedings for an offence against subsection (2), subsections (3) and (4) are to be treated as providing exceptions, and no proof will be required in relation to the exceptions by the prosecution but the application of an exception will be a matter for proof by the defendant.

 

              Amendment of s. 32—Prohibition of manufacture, sale etc., of drug of dependence or prohibited substance

                           1F. Section 32 of the principal Act is amended by inserting after subsection (6) the following subsection:

 

                           (7) In proceedings for an offence against this section, subsection (2) is to be treated as providing exceptions, and no proof will be required in relation to the exceptions by the prosecution but the application of an exception will be a matter for proof by the defendant.

 

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.

 


         Water Resources (Water Allocation Plans) Amendment Bill             Message No 102

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Water Resources Act 1997, without any amendment.

         Legislative Council, 5 August 1999                                             J C Irwin, PRESIDENT

 

44      Adjournment

         House adjourned at 1.38 am until Tuesday 31 August at 2.00 pm.

 

____________

 

 

         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 - Ms Hurley.

               Noes - Hon D C Brown.

 

         Division No 2 -

               Ayes - Ms Hurley.

               Noes - Hon D C Brown.

 

         Division No 3  -

               Ayes - Ms Hurley.

               Noes - Hon D C Brown.

 

 

 

 

 

                                                                                                            J K G Oswald

                                                                                                            SPEAKER

 

G D Mitchell

CLERK OF THE HOUSE OF ASSEMBLY

 

 

EXTRACT FROM THE GOVERNMENT GAZETTE, 5 AUGUST 1999

 

Department of the Premier and Cabinet

Adelaide, 5 August 1999

 

His Excellency the Governor directs it to be notified for general information that he has in the name and on behalf of Her Majesty The Queen, this day assented to the undermentioned Acts passed by the Legislative Council and the House of Assembly in Parliament assembled, viz:

 

         No 37 of 1999 – An Act to request the amendment of the Australia Acts 1986, in connection with the proposed constitutional arrangements to establish the Commonwealth of Australia as a republic.

No 38 of 1999 – An Act to amend the City of Adelaide Act 1998 and to repeal the Rundle Mall Act 1975.

No 39 of 1999 – An Act to amend the Road Traffic Act 1961; and to make related amendments to the City of Adelaide Act 1998, the Local Government Act 1934 and the Motor Vehicles Act 1959.

No 40 of 1999 – An Act to amend the Stamp Duties Act 1923.

No 41 of 1999 – An Act to amend the Debits Tax Act 1994, the Financial Institutions Duty Act 1983 and the Stamp Duties Act 1923.

No 42 of 1999 – An Act to amend the Administration and Probate Act 1919, the Bail Act 1985, the Children’s Protection Act 1993, the Correctional Services Act 1982, the Crimes at Sea Act 1998, the Criminal Law (Sentencing) Act 1988, the District Court Act 1991, the Magistrates Court Act 1991, the Statutes Amendment (Fine Enforcement) Act 1998, the Summary Offences Act 1953, the Summary Procedure Act 1921, the Young Offenders Act 1993 and the Youth Court Act 1993; and the repeal the Appeal Costs Fund Act 1979.

No 43 of 1999 – An Act to amend the Tobacco Products Regulation Act 1997.

 

                                       By command,

ROB LUCAS, for Premier

 

 

EXTRACT FROM THE GOVERNMENT GAZETTE, 12 August 1999

 

Department of the Premier and Cabinet

Adelaide, 12 August 1999

 

His Excellency the Governor directs it to be notified for general information that he has in the name and on behalf of Her Majesty The Queen, this day assented to the undermentioned Acts passed by the Legislative Council and the House of Assembly in Parliament assembled, viz:

 

No 44 of 1999 – An Act for the appropriation of money from the Consolitated Account for the year ending on 30 June 2000 and for other purposes.

No 45 of 1999 – An Act to amend the ASER (Restructure) Act 1997.

No 46 of 1999 – An Act to establish as a law of South Australia a Code making provision for the regulation of third party access to rail infrastructure services in relation to the AustralAsia Railway; and for other purposes.

No 47 of 1999 – An Act to amend the Casino Act 1997.

No 48 of 1999 – An Act provide that certain decisions of the Federal Court of Australia or the Family Court of Australia have effect as decisions of the Supreme Court and to make other provision relating to certain matters relating to the jurisdiction of those courts; to amend the Competition Policy Reform (South Australia) Act 1996; and for other purposes.

No 49 of 1999 – An Act to amend the Fisheries (Gulf St Vincent Prawn Fishery Rationalization) Act 1987.

No 50 of 1999 – An Act to amend the Geographical Names Act 1991.

No 51 of 1999 – An Act to establish the South Australian Independent Industry Regulator; and other purposes.

No 52 of 1999 – An Act to amend the Motor Vehicles Act 1959and to make related amendments to the Expiation of Offences Act 1996 and the Road Traffic Act 1961.

No 53 of 1999 – An Act to apply certain laws of the Commonwealth relating to the New Tax System Price Exploitation Code as laws of South Australia; to make a consequential amendment to the Competition Policy Reform (South Australia) Act 1996; and for other purposes.

No 54 of 1999 – An Act to amend the Police Superannuation Act 1990.

No 55 of 1999 – An Act to amend the Residential Tenancies Act 1995 and to make related amendments to the Landlord and tennant Act 1936 and the Retail and Commercial Leases Act 1995.

No 56 of 1999 – An Act to amend the Trustee Act 1936 and the Trustee Companies Act 1988.

No 57 of 1999 – An Act to amend the Superannuation Act 1988.

No 58 of 1999 – An Act to amend the Water Resources Act 1997.

 

                                                               By command,

            IAIN EVANS, for Premier

 

EXTRACT FROM THE GOVERNMENT GAZETTE, 19 August 1999

 

Department of the Premier and Cabinet

Adelaide, 19 August 1999

 

His Excellency the Governor directs it to be notified for general information that he has in the name and on behalf of Her Majesty The Queen, this day assented to the undermentioned Acts passed by the Legislative Council and the House of Assembly in Parliament assembled, viz.:

 

No 59 of 1999 – An Act to amend the Controlled Substances Act 1984.

No 60 of 1999 – An Act to amend the Electricity Act 1996 and to make related amendments to the Renmark Irrigation Trust Act 1936.

No 61 of 1999 – An Act to amend the Emergency Services Funding Act 1998.

 

                                                                               By command,

                                                                                 IAIN EVANS, for Acting Premier       

 

 

EXTRACT FROM THE GOVERNMENT GAZETTE, 26 AUGUST 1999

 

Department of the Premier and Cabinet

Adelaide, 19 August 1999

 

His Excellency the Governor directs it to be notified for general information that he has in the name and on behalf of Her Majesty The Queen, this day assented to the undermentioned Acts passed by the Legislative Council and the House of Assembly in Parliament assembled, viz.:

 

No 62 of 1999 – An Act to provide for local government; and other purposes.

No 63 of 1999 – An Act to regulate the conduct of local government elections; and other purposes.

 

                                                                               By command,

                                                                                 D.C. Kotz, for Acting Premier           

 

 

CONSTITUTION ACT 1934 SECTION 6(1): PROROGATION OF PARLIAMENT AND DATE FIXED FOR COMMENCEMENT OF THE THIRD SESSION OF THE FORTY-NINTH PARLIAMENT

 

Proclamation by The Governor

(L.S.) E. J. NEAL

 

PURSUANT to section 6(1) of the Constitution Act 1934 and with the advice and consent of the Executive Council, I –

                     (a) prorogue the Parliament of South Australia; and

   (b) fix 28 September 1999 as the day on which the third session of the Forty-ninth Parliament will commence.

 

Given under my hand and the Public Seal of South Australia, at Adelaide, 26 August 1999.

 

                                                                               By command,

                                                                                 D.C. KOTZ, for Acting Premier