SOUTH AUSTRALIA]

No. 33

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY  1  MAY  2001

 

 

 

   1.

Council met pursuant to adjournment.  The President (The Hon. J. C. Irwin) took the Chair.

                 The President read prayers.

 

Meeting of
Council.

    2.

A Messenger from the Governor having been announced by Black Rod, the following Message was received and read:

Message No. 9.

                 The Governor informs the Legislative Council that, in the name and on behalf of Her Majesty The Queen, the following Acts have been assented to during the present Session, viz.:

                 No. 8 of 2001 - An Act to amend the Community Titles Act 1996.

                 No. 9 of 2001 - An Act to ratify and approve the Lake Eyre Basin Intergovernmental Agreement; and for other purposes.

                 No. 10 of 2001 - An Act to amend the Criminal Assets Confiscation Act 1996; the Criminal Law (Sentencing) Act 1988; the Legal Services Commission Act 1977 and the Criminal Law Consolidation Act 1935.

                 No. 11 of 2001 - An Act to amend the Expiation of Offences Act 1996.

                 No. 12 of 2001 - An Act to amend the Police Superannuation Act 1990 and to make a related amendment to the Superannuation Act 1988.

                 No. 13 of 2001 - An Act to facilitate the Second Software Centre Inquiry by conferring evidentiary powers and immunities; and for other purposes.

                 No. 14 of 2001 - An Act to amend the Youth Court Act 1993.

Government House, Adelaide, 1 May 2001.                                                             E. J. NEAL, Governor.

 

Message from
Governor:
Assent to Bills.

   3.

Answers to Questions on Notice Nos. 12, 64 and 75 received this day were tabled by the President who directed that they be distributed and printed in Hansard.

 

Answers to
Questions on
Notice.

 

    4.

The following Papers were laid upon the Table, viz.:

        By the Treasurer (The Hon. R. I. Lucas) -

                 Regulations under the following Acts -

                          Southern State Superannuation Act 1994 - Carclew.

                          Stamp Duties Act 1923 - Adelaide CBD.

                          Water Resources Act 1997 -

                                   Prescribed Watercourse.

                                   Surface Water Area.

                 University of South Australia By-laws - Driving, Conduct, Ban.

 

Papers.

 

        By the Attorney-General (The Hon. K. T. Griffin) -

                 Rules of Court -

                          Supreme Court - Supreme Court Act - Interest Rate.

                 South Australian Ports (Disposal of Maritime Assets) Act 2000 - Transfer Order.

        By the Minister for Transport and Urban Planning (The Hon. D. V. Laidlaw) -

                 Corporation By-laws -

                          Playford -

                                   No.    1   -   Permits and Penalties.

                                   No.    2   -   Moveable Signs.

                                   No.    3   -   Local Government Land.

 

 

   5.

Ordered - That Orders of the Day (Government Business) No. 1 and No. 2 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

   6.

Ordered - That Order of the Day (Government Business) No. 3 be postponed and taken into consideration on motion.

 

Postponement
of Business.

   7.

Ordered - That Orders of the Day (Government Business) No. 4 to No. 7 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

   8.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (Avoidance of Duplication of Environmental Procedures) Bill be now read a second time:

                 Debate resumed.

                 Question put and passed.

                 Bill read a second time.

                 The President then left the Chair, and the Council resolved itself into a Committee of the Whole for the consideration of the Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 9 agreed to.

                          Title agreed to.

_____________________

 

                 The President resumed the Chair, and reported that the Committee had considered the Bill and had agreed to the same without amendment; whereupon the Council adopted such report.

                 The Minister for Transport and Urban Planning, pursuant to contingent notice, moved - That the Standing Orders be so far suspended as to enable the Bill to pass through its remaining stages without delay.

                 Question put and passed.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

Statutes
Amendment
(Avoidance of
Duplication of
Environmental
Procedures) Bill.

   9.

Ordered - That Order of the Day (Government Business) No. 9 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

10.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (Local Government) Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. J. F. Stefani, the debate was adjourned until next day of sitting.

 

Statutes
Amendment
(Local
Government) Bill.

11.

Ordered - That Orders of the Day (Government Business) No. 11 and No. 12 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

  12.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Prostitution (Regulation) Bill.

 

Prostitution
(Regulation) Bill.

 

In the Committee

 

                          Clause No. 26 further considered, amended and agreed to.

                          New clause No. 27 inserted.

                          Schedule 1 read.

                 Question - That Schedule 1 stand as printed - put.

 

 

         Committee divided:

Ayes, 6

The Hon. T. G. Cameron

The Hon. L. H. Davis

The Hon. R. I. Lucas

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. K. T. Griffin (Teller)

 

 

 

 

 

      So it passed in the negative.

 

Noes, 11

The Hon. J.S.L. Dawkins

The Hon. M. J. Elliott

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. C. A. Pickles

The Hon. A. J. Redford

The Hon. T. G. Roberts

The Hon. R. K. Sneath

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. D. V. Laidlaw (Teller)

 

 

                          Schedule 1 struck out.

                          Schedule 2 read.

                 The Hon. A. J. Redford moved on page 21, line 10, to leave out paragraph (d) and insert the following:

                          (d)     by striking out paragraph (b) of section 25A(2);

                            (e)     by striking out sections 27 to 32 (inclusive).”

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

                          Schedule 2 otherwise amended and agreed to.

                          Title amended and agreed to.

____________________

 

                 The President resumed the Chair, and reported that the Committee had considered the Bill and had agreed to the same with amendments and an amended title.

                 Ordered - That the Bill be recommitted.

                 Ordered - That the recommittal be an Order of the Day for next day of sitting.

 

 

13.

The Attorney-General, by leave, tabled a copy of a Ministerial Statement made by the Minister for Government Enterprises (The Hon. M. H. Armitage, M.P.) concerning Tax on Transfer Payments for Superannuation for Ports Corp Employees.

 

Paper Tabled.

14.

Council adjourned at seventeen minutes to five o’clock until tomorrow at fifteen minutes past two o’clock.

 

Adjournment.

 

_________________________

 

 

 

 

 

Members present during any part of the sitting:

 

 

 

The Hon. T. G. Cameron

The Hon. T. Crothers

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. M. J. Elliott

The Hon. I. Gilfillan

The Hon. K. T. Griffin

 

The Hon. P. Holloway

The Hon. S. M. Kanck

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. C. A. Pickles

The Hon. A. J. Redford

The Hon. R. R. Roberts

The Hon. T. G. Roberts

The Hon. C. V. Schaefer

The Hon. R. K. Sneath

The Hon.  J. F. Stefani

The Hon. N. Xenophon

The Hon. C. Zollo