SOUTH AUSTRALIA]

No. 70

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

THURSDAY  1  MAY  2003

 

 

 

   1.

Council met pursuant to adjournment.  The President (The Hon. R. R. Roberts) took the Chair.

                 The President read prayers.

 

Meeting of
Council.

 

   2.

The Minister for Aboriginal Affairs and Reconciliation (The Hon. T. G. Roberts), without notice, moved - That the Standing Orders be so far suspended as to enable Petitions, the Tabling of Papers and Question Time to be taken into consideration at fifteen minutes past two o’clock.

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

 

Suspension of
Standing  Orders.

 

   3.

Ordered - That Order of the Day (Government Business) No. 1 be postponed and taken into consideration after Order of the Day (Government Business) No. 2.

 

Postponement
of Business.

 

   4.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Statutes Amendment (Road Safety Reforms) Bill.

 

In the Committee

 

                          Clause No. 15 further considered.

                 The Hon. C. V. Schaefer moved on page 8, line 21, to leave out “period of 5 years” and insert “prescribed period”.

                  Question - That the amendment be agreed to - put.

Statutes
Amendment
(Road Safety
Reforms) Bill.

 

 

             Committee divided:

Ayes, 12

The Hon. T. G. Cameron

The Hon. J.S.L. Dawkins

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. K. J. Reynolds

The Hon. J. F. Stefani

The Hon. T. J. Stephens

The Hon. C. V. Schaefer (Teller)

      So it was resolved in the affirmative.

 

Noes, 7

The Hon. A. L. Evans

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. R. K. Sneath

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. T. G. Roberts (Teller)

 

 

 

                          Clause No. 15, as amended and otherwise amended, agreed to.

                 The Hon. C. V. Schaefer moved on page 8, after line 22, to insert new clause as follows:

                          “Amendment of s. 96—Duty to produce licence

         15A. Section 96 of the principal Act is amended by striking out subsection (1) and substituting the following subsections:

         (1) The driver of a motor vehicle, if requested by a member of the police force to produce his or her licence—

(a)    must produce the licence forthwith to the member of the police force who made the request; or

(b)    must—

(i)      provide the member of the police force who made the request with a specimen of his or her signature; and

(ii)     within 7 days after the making of the request, produce the licence at a police station conveniently located for the driver, specified by the member of the police force at the time of making the request.

Maximum penalty:         $250.

         (1a) The Commissioner of Police must ensure that a specimen signature provided to a member of the police force under this section is destroyed when the signature is no longer reasonably required for the purpose of investigating whether an offence has been committed under this Act.”

                 Question - That new clause No. 15A, as proposed to be inserted, be so inserted - put.

 

 

             Committee divided:

Ayes, 13

The Hon. J.S.L. Dawkins

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. K. J. Reynolds

The Hon. D. W. Ridgway

The Hon. J. F. Stefani

The Hon. T. J. Stephens

The Hon. N. Xenophon

The Hon. C. V. Schaefer (Teller)

      So it was resolved in the affirmative.

 

Noes, 8

The Hon. T. G. Cameron

The Hon. A. L. Evans

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. P. Holloway

The Hon. R. K. Sneath

The Hon. C. Zollo

The Hon. T. G. Roberts (Teller)

 

 

 

                          New clause No. 15A inserted.

                          Clause No. 16 agreed to.

                          Clause No. 17 read.

                 The Hon. C. V. Schaefer moved on page 8, after line 34, to insert new paragraph as follows:

                  “(aa)  by inserting after subsection (1a) the following subsection:

                                    (1b) Demerit points are not incurred on conviction or expiation of an offence against section 79B(2) of the Road Traffic Act 1961 constituted of being the owner of a vehicle that appears from evidence obtained through the operation of a photographic detection device to have been involved in the commission of a speeding offence only.;”.

                 The Hon. T. G. Cameron moved - That the Chairperson report progress and ask leave to sit again.

                 Question put.

 

 

             Committee divided:

Ayes, 15

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. K. J. Reynolds

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. T. J. Stephens

The Hon. N. Xenophon

The Hon. T. G. Cameron (Teller)

      So it was resolved in the affirmative.

 

Noes, 6

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. P. Holloway

The Hon. R. K. Sneath

The Hon. C. Zollo

The Hon. T. G. Roberts (Teller)

 

 

 

_____________________

 

                 The President resumed the Chair and reported progress and obtained for the Committee leave to sit again on motion.

 

 

   5.

At two minutes to one o’clock the sitting was suspended until the ringing of the bells.

                 At fifteen minutes past two o’clock the sitting was resumed.

 

Suspension and
Resumption of
Sitting.

   6.

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

         By the Hon. S. M. Kanck from 73 residents of South Australia concerning a proposal for a reconciliation ferry.  The Petitioners pray that this Honourable House will provide its full support to the ferry relocation proposal, prioritise the ferry service on its merits as a transport, tourism, reconciliation, regional development and employment project; and call for the urgent support of the Premier requesting that he engage as soon as possible in discussion with the Ngarrindjeri community to see this exciting creative initiative become reality.

Petitions -
No. 35 - Reconciliation
Ferry.

 

 

                 By the Hon. S. M. Kanck from 37 residents from South Australia concerning transport and storage of radioactive waste in South Australia.  The Petitioners pray that this Honourable House will do all in its power to ensure that South Australia does not become the dumping ground for Australia’s or the world’s nuclear waste.

No. 36 - Transport
and Storage of
Radioactive Waste
in South Australia.

 

 

                 By the Hon. S. M. Kanck from 10 residents of South Australia concerning a new nuclear reactor at Lucas Heights.  The Petitioners pray that this Honourable House will call on the Federal Government to halt the nuclear reactor project and urgently seek alternative sources for medical isotopes and resist at every turn the plan to make South Australia the nation’s nuclear waste dumping ground.

 

No. 37 - Nuclear
Reactors at
Lucas Heights.

 

   7.

Answer to Question on Notice No. 48 received this day was tabled by the President who directed that it be distributed and printed in Hansard.

 

Answer to
Question on
Notice.

    8.

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

        By the Minister for Aboriginal Affairs and Reconciliation (The Hon. T. G. Roberts) -

                 Adelaide Cemeteries Authority - Report, 2001-2002.

 

Paper.

   9.

The Minister for Aboriginal Affairs and Reconciliation tabled a Ministerial Statement made by the Minister for Environment and Conservation (The Hon. J. D. Hill, M.P.) concerning the Potential Danger from Entertainment Laser Lights.

 

Paper Tabled.

10.

The Minister for Aboriginal Affairs and Reconciliation tabled a Ministerial Statement made by the Minister for Health (The Hon. L. Stevens, M.P.) concerning Severe Acute Respiratory Syndrome.

 

Paper Tabled.

11.

The Hon. A. L.Evans, in asking a Question by leave, tabled a document entitled “Teach it Like it Is”.

 

Document Tabled.

12.

Ordered - That Order of the Day (Government Business) No. 1 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

13.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Statutes Amendment (Road Safety Reforms) Bill.

 

In the Committee

 

                          Clause No. 17, which the Hon. C. V. Schaefer had moved to amend on page 8, after line 34, by inserting new paragraph as follows:

                  “(aa)  by inserting after subsection (1a) the following subsection:

                                    (1b) Demerit points are not incurred on conviction or expiation of an offence against section 79B(2) of the Road Traffic Act 1961 constituted of being the owner of a vehicle that appears from evidence obtained through the operation of a photographic detection device to have been involved in the commission of a speeding offence only.;” - further considered.

                  Question - That the amendment be agreed to - put.

Statutes
Amendment
(Road Safety
Reforms) Bill.

 

             Committee divided:

Ayes, 10

The Hon. T. G. Cameron

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. D. W. Ridgway

The Hon. J. F. Stefani

The Hon. T. J. Stephens

The Hon. C. V. Schaefer (Teller)

 

      So it passed in the negative.

 

Noes, 11

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. I. Gilfillan

The Hon. P. Holloway

The Hon. S. M. Kanck

The Hon. D. V. Laidlaw

The Hon. K. J. Reynolds

The Hon. R. K. Sneath

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. T. G. Roberts (Teller)

 

 

 

                 The Hon. C. V. Schaefer moved on page 9, line 15, to leave out “(3c) in subsections (3a) and (3b) and insert:

                          “(c)   by inserting after subsection (4) the following subsection:

                                          (5) In this section”.

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

                          Clause No. 17 agreed to.

                          Clause No. 18 amended and agreed to.

                          Clauses No. 19 and No. 20 agreed to.

                          New clause No. 20A inserted.

                          New clause No. 20B inserted.

                          New clause No. 20C inserted.

                          Clause No. 21 amended and agreed to.

                          Clause No. 22 amended and agreed to.

                          Clause No. 23 amended and agreed to.

                          Clause No. 24 read.

                 Question - That clause No. 24 stand as printed - put.

 

 

             Committee divided:

Ayes, 8

The Hon. A. L. Evans

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. P. Holloway

The Hon. R. K. Sneath

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. T. G. Roberts (Teller)

 

 

 

 

 

      So it passed in the negative.

 

Noes, 13

The Hon. T. G. Cameron

The Hon. J.S.L. Dawkins

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. K. J. Reynolds

The Hon. D. W. Ridgway

The Hon. J. F. Stefani

The Hon. T. J. Stephens

The Hon. C. V. Schaefer (Teller)

 

 

 

                          Clause No. 24 struck out.

                          Clause No. 25 amended and agreed to.

                          Clause No. 26 agreed to.

                          Clause No. 27 struck out.

                          Clause No. 28 struck out.

                          Clause No. 29 amended and agreed to.

                          Clause No. 30 read.

                 The Hon. C. V. Schaefer moved on page 15, line 11, after “amended” to insert:

                          “—

                  (a)  by striking out subsection (1) and substituting the following subsections:

                                        (1) If a court before which a person is charged with a prescribed first or second offence convicts the person of the offence, or finds that the charge is proved but does not proceed to conviction, the court must, unless proper cause for not doing so is shown, make an order requiring the person to undertake a prescribed programme of training and education within a period fixed by the court (being not more than 6 months from the making of the order).

                                        (1a) A programme of training and education prescribed for the purposes of subsection (1) must (except so far as it is not practicable to do so in a particular case) include—

(a) lectures as to road accidents and their causes and consequences; and

(b) the viewing of graphic films or other visual images of road accidents; and

(c) meetings with victims of road accidents.;

                 (b)”.

 

 

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

                          Clause No. 30 agreed to.

                          Clause No. 31 agreed to.

                          Clause No. 32 read.

                 The Hon. C. V. Schaefer moved on page 15, lines 26 to 35, to leave out paragraph (c) and page 16, lines 1 to 18, to leave out paragraph (d).

                 Question - That the amendment be agreed to - put.

 

 

             Committee divided:

Ayes, 8

The Hon. J.S.L. Dawkins

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. D. W. Ridgway

The Hon. T. J. Stephens

The Hon. C. V. Schaefer (Teller)

 

 

 

 

 

      So it passed in the negative.

 

Noes, 13

The Hon. T. G. Cameron

The Hon. A. L. Evans

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. I. Gilfillan

The Hon. P. Holloway

The Hon. S. M. Kanck

The Hon. K. J. Reynolds

The Hon. R. K. Sneath

The Hon. J. F. Stefani

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. T. G. Roberts (Teller)

 

 

 

                 The Hon. C. V. Schaefer moved on page 16, after line 35, to insert new subsection as follows:

                          “(9b) Where a photographic detection device is operated for the purpose of obtaining evidence of the commission of speeding offences by drivers of vehicles proceeding in a particular direction on a portion of road, a person responsible for the setting up or operation of the device must ensure that the device is not concealed from the view of such drivers.”

                 Question - That the amendment be agreed to - put.

 

 

             Committee divided:

Ayes, 9

The Hon. T. G. Cameron

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. D. V. Laidlaw

The Hon. R. I. Lucas

The Hon. D. W. Ridgway

The Hon. J. F. Stefani

The Hon. T. J. Stephens

The Hon. C. V. Schaefer (Teller)

      So it was resolved in the affirmative.

 

Noes, 8

The Hon. J. M. Gazzola

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. K. J. Reynolds

The Hon. R. K. Sneath

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. T. G. Roberts (Teller)

 

 

 

                          Clause No. 32, as amended, agreed to.

                          New clause No. 32A inserted.

                          New clause No. 32B inserted.

                          Clause No. 33 agreed to.

                 The Hon. N. Xenophon moved on page 17, after line 30, to insert new clause as follows:

                                                                                        PART 5

                                               VARIATION OF MOTOR VEHICLES REGULATIONS 1996

                          Variation of Sched. 7—Demerit Points

                                    34. Schedule 7 of the principal regulations is varied by inserting after the item in Division 2 of Part 2 relating to rule 298 of the Australian Road Rules the following item:

                                 300(1)       Using hand-held mobile phone while driving vehicle           3.”

                 Question - That new clause No. 34, as proposed to be inserted by the Hon. N. Xenophon, be so inserted - put and negatived.

                          Title agreed to.

____________________

 

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

                 Ordered - That the Bill be recommitted in respect of clause No 12.

                 The President then left the Chair, and the Council resolved itself into a Committee of the Whole for the further consideration of clause No. 12.

 

 

 

In the Committee

 

                          Clause No. 12 reconsidered.

                          The Hon. S. M. Kanck moved on page 5 -

                 line 21, to insert new paragraph as follows:

                          (a)  by striking out from subsection (1)(ba)(i) “19” and substituting “20”;”

                 line 25, to leave out paragraph (d) and insert new paragraph as follows:

                          (d)  by striking out from subsection (2)(a) “19” and substituting “20”;”

                 and on page 6, after line 4, to insert new paragraph as follows:

                          (i)   by inserting after subsection (2a) the following subsection:

                                          (2b) If—

(a)    a person holds a licence subject to the conditions referred to in subsection (1); and

 (b)   the person has held that licence for 2 years or more; and

 (c)   the licence was issued to the person before the person attained the age of 18 years; and

 (d)   the person has produced to the Registrar evidence to the satisfaction of the Registrar that the person has successfully completed a course of training in defensive driving accredited by a person or body prescribed by the regulations for the purposes of this subsection; and

 (e)   the person would, but for the operation of subsection (2), be eligible for the issue of an unconditional licence,

                                       the Registrar must, on application made by the person in accordance with section 75, issue an unconditional licence to the person.”

                 To report progress and ask leave to sit again.

_____________________

 

                 The President resumed the Chair and reported progress and obtained for the Committee leave to sit again on motion.

 

 

14.

The Minister for Aboriginal Affairs and Reconciliation, without notice, moved - That the Standing Orders be so far suspended as to enable the sitting of the Council to be extended beyond 6.30 p.m. for the Business of the Day to be concluded.

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

 

Suspension of
Standing Orders.

  15.

The Council, according to order, resolved itself into a Committee of the Whole for the further reconsideration of the Statutes Amendment (Road Safety Reforms) Bill.

 

In the Committee

 

                          Clause No. 12 which the Hon. S. M. Kanck moved on page 5 -

                 line 21, to insert new paragraph as follows:

                          (a)  by striking out from subsection (1)(ba)(i) “19” and substituting “20”;”

                 line 25, to leave out paragraph (d) and insert new paragraph as follows:

                          (d)  by striking out from subsection (2)(a) “19” and substituting “20”;”

                 and on page 6, after line 4, to insert new paragraph as follows:

                           (i)   by inserting after subsection (2a) the following subsection:

                                          (2b) If—

(a)    a person holds a licence subject to the conditions referred to in subsection (1); and

(b)    the person has held that licence for 2 years or more; and

(c)    the licence was issued to the person before the person attained the age of 18 years; and

(d)    the person has produced to the Registrar evidence to the satisfaction of the Registrar that the person has successfully completed a course of training in defensive driving accredited by a person or body prescribed by the regulations for the purposes of this subsection; and

(e)    the person would, but for the operation of subsection (2), be eligible for the issue of an unconditional licence,

                                       the Registrar must, on application made by the person in accordance with section 75, issue an unconditional licence to the person.” - further reconsidered.

                 Question - That the amendments be agreed to - put.

Statutes
Amendment
(Road Safety
Reforms) Bill.

 

             Committee divided:

Ayes, 8

The Hon. G. E. Gago

The Hon. I. Gilfillan

The Hon. P. Holloway

The Hon. K. J. Reynolds

The Hon. T. G. Roberts

The Hon. R. K. Sneath

The Hon. N. Xenophon

The Hon. S. M. Kanck (Teller)

 

      So it passed in the negative.

 

Noes, 9

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. D. W. Ridgway

The Hon. J. F. Stefani

The Hon. T. J. Stephens

The Hon. C. V. Schaefer

The Hon. T. G. Cameron (Teller)

 

 

 

                          Clause No. 12 agreed to.

_____________________

 

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

                 The Minister for Aboriginal Affairs and Reconciliation, 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.

 

 

16.

Ordered - That the remaining Orders of the Day (Government Business) and Orders of the Day (Private Business) be Orders of the Day for next day of sitting.

 

Postponement
of Business.

17.

The following Message from the House of Assembly was received and read -

Message No. 95

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Gas Act 1997, the Gas Pipelines Access (South Australia) Act 1997, the Electricity Act 1996 and the Local Government Act 1999, to which it desires the concurrence of the Legislative Council.

House of Assembly, 30 April 2003.                                                            I. P. LEWIS, Speaker.

                 Bill read a first time.

The Minister for Agriculture, Food and Fisheries then moved - That this Bill be now read a second time.

On motion of the Hon. R. I. Lucas, the debate was adjourned until next day of sitting.

 

Message from
House of Assembly:
Statutes
Amendment
(Gas and Electricity)
Bill.

 

18.

Ordered - That the Council, at its rising, do adjourn until Monday, 12 May 2003, at fifteen minutes past two o’clock.

 

Next Day
of Sitting.

19.

Council adjourned at seven o’clock until Monday, 12 May 2003, at fifteen minutes past two o’clock.

 

Adjournment.

 

_________________________

 

 

 

 

 

Members present during any part of the sitting:

 

 

 

The Hon. T. G. Cameron

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. I. Gilfillan

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. A. J. Redford

The Hon. K. J. Reynolds

The Hon. D. W. Ridgway

The Hon. T. G. Roberts The Hon. C. V. Schaefer

The Hon. R. K. Sneath

The Hon.  J. F. Stefani

The Hon. T. J. Stephens

The Hon. C. Zollo

The Hon. N. Xenophon