[SOUTH AUSTRALIA]

No. 35

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

THURSDAY  1  JUNE  2000

 

 

 

   1.

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

                 The President read prayers.

 

Meeting of

Council.

   2.

The Attorney-General (The Hon. K. T. Griffin), 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 Orders of the Day (Government Business) No. 1 to No. 29 be postponed and taken into consideration on motion.

 

Postponement

of Business.

   4.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Criminal Law Consolidation (Mental Impairment) Amendment Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 3 agreed to.

                          New clause No. 3A inserted.

                          Clauses No. 4 to No. 14 agreed to.

                          Clause No. 15 amended and agreed to.

                          Clause No. 16 amended and agreed to.

                          Clause No. 17 agreed to.

                          Clause No. 18 struck out.

                          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; whereupon the Council adopted such report.

                 The Attorney-General, 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.

 

Criminal Law Consolidation (Mental

Impairment) Amendment Bill.

   5.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Juries (Separation) Amendment Bill.

 

In the Committee

 

                          Clause No. 1 amended and agreed to.

                          Clause No. 2 agreed to.

                          New clause No. 2A inserted.

                          New clause No. 2B inserted.

                          New clause No. 2C inserted.

                          New clause No. 2D inserted.

                          Clause No. 3 agreed to.

                          New clause No. 3A inserted.

                          Clause No. 4 amended and agreed to.

                          New clause No. 4A inserted.

                          New clause No. 4B inserted.

                          New clause No. 4C inserted.

                          New clause No. 4D inserted.

                          New clause No. 4E inserted.

                          Clause No. 5 read.

                 The Hon. R. R. Roberts moved on page 3, lines 16 to 27, to leave out proposed new section 55 and insert the following:

                          Separation of jury

                                        55. (1)  The court may, subject to this section, permit the jury to separate.

                                        (2)  If the jury has not retired to consider its verdict—

                                        (a)     the court's permission may be granted for any proper reason; and

                                        (b)     when the court grants its permission, the court—

                                                   (i)       must direct the jurors that they are prohibited from discussing the case with anyone (except another juror) during the separation; and

                                                   (ii)      may impose other conditions to be complied with by the jurors.

                                        (3)  If the jury has retired to consider its verdict—

                                        (a)    the court must, before granting its permission, have regard to—

                                                   (i)       the risk of contamination of the jury's deliberative process that would arise from separation of the jury; and

                                                   (ii)      the importance of the expeditious administration of justice and the extent to which this would be prejudiced by permitting the separation of the jury; and

                                                   (iii)     any submissions on the question made on behalf of the prosecution or the defence; and 

                                        (b)    the court's permission may only be granted if the court is satisfied that the permission is necessary to avoid substantial hardship to the jurors or one or more of them; and

                                        (c)    if the court grants its permission, the court—

                                                   (i)       must direct the jurors that they are prohibited from discussing the case with anyone (including another juror) during the separation; and

                                                   (ii)      may impose other conditions to be complied with by the jurors.’

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

                          Clause No. 5 agreed to.

                          New clause No. 5A inserted.

                          New clause No. 5B inserted.

                          New clause No. 5C inserted.

                          New clause No. 5D inserted.

                          New clause No. 5E inserted.

                          New clause No. 5F inserted.

                          New clause No. 5G inserted.

                          Clause No. 6 agreed to.

                          New clause No. 6A inserted.

                          New clause No. 6B inserted.

                          New clause No. 6C inserted.

                          Title agreed to.

_____________________

 

Juries (Separation) Amendment Bill.

 

                 The President resumed the Chair, and reported that the Committee had considered the Bill and had agreed to the same with amendments; whereupon the Council adopted such report.

                 The Attorney-General, 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.

 

 

   6.

At seven 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.

 

   7.

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

                 By the Hon. C. V. Schaefer from 32 residents of South Australia concerning the Totalizator Agency Board and the Lotteries Commission of South Australia and praying that this Honourable House will ensure the Totalizator Agency Board and the Lotteries Commission of South Australia remain Government owned.

Petitions -

No. 32 -

TAB and Lotteries Commission of SA.

.

 

                 By the Hon. N. Xenophon from 92 residents of South Australia concerning the proposed introduction of poker machines at the Mount Remarkable Hotel and praying that this Honourable House will -

1.        Support legislation that will prohibit any more gaming machine licences being granted.

2.        Support the passage of legislation that will give local communities, through their local councils, the power to restrict the operation and availability of poker machines at venues.

 

No. 33 -

Proposed Introduction of Poker Machines

at the Mount Remarkable Hotel.

   8.

The Minister for Transport and Urban Planning (The Hon. D. V. Laidlaw) tabled a copy of a Ministerial Statement made by the Minister for Environment and Heritage (The Hon.
I. F. Evans, M.P.) concerning the Naracoorte Caves Conservation Park together with a Draft Proclamation to be requested of His Excellency The Governor.

 

Paper Tabled.

   9.

The Attorney-General tabled a copy of a Ministerial Statement made by the Deputy Premier (The Hon. R. G. Kerin, M.P.) concerning the Whyalla Airlines Crash.

 

Paper Tabled.

10.

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

                 Debate resumed.

                 Question put and passed.

                 Bill read a second time.

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

 

Petroleum Bill.

 

11.

Ordered - That the adjourned debate on the question - That the Dairy Industry (Deregulation of Prices) Amendment Bill be now read a second time - be now resumed.

                 Debate resumed.

                 Question put.

        Council divided:

Dairy Industry (Deregulation

of Prices)

Amendment Bill.

 

Ayes, 12

The Hon. T. Crothers

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. P. Holloway

The Hon. D. V. Laidlaw

The Hon. R. I. Lucas

The Hon. T. G. Roberts

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. G. Weatherill

The Hon. C. Zollo

The Hon. K. T. Griffin (Teller).

Noes, 4

The Hon. M. J. Elliott

The Hon. S. M. Kanck

The Hon. N. Xenophon

The Hon. I. Gilfillan (Teller)

 

 

 

        So it was resolved in the affirmative

                 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. 8 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 Attorney-General, 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.

 

 

12.

Ordered - That the adjourned debate on the question - That the Statutes Amendment and Repeal (Attorney-General’s Portfolio) Bill be now read a second time - be now resumed.

                 Debate resumed.

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

 

Statutes
Amendment and Repeal (Attorney-General’s Portfolio) Bill.

 

13.

Ordered - That the adjourned debate on the question - That the Development (System Improvement Program) Amendment Bill be now read a second time - be now resumed.

                 Debate resumed.

                 On motion of the Hon. T. G. Cameron, the debate was adjourned until next day of sitting.

 

Development (System Improvement Program) Amendment Bill.

 

14.

The following Messages from the House of Assembly were received and read -

Message No. 67

                 MR. PRESIDENT - The House of Assembly requests that the Legislative Council give permission to the Treasurer (Hon. R. I. Lucas), the Attorney-General  (Hon. K. T. Griffin), the Minister for Transport and Urban Planning (Hon. D. V. Laidlaw) and the Minister for Disability Services (Hon. R. D. Lawson), Members of the Legislative Council, to attend and give evidence before the Estimates Committees of the House of Assembly on the Appropriation Bill.

House of Assembly, 1 June 2000.                                                                      J.K.G. OSWALD, Speaker.

                 Ordered - That the Message be taken into consideration forthwith.

                 The Treasurer moved - That the Treasurer, the Attorney-General, the Minister for Transport and Urban Planning and the Minister for Disability Services have leave to attend and give evidence before the Estimates Committee of the House of Assembly on the Appropriation Bill, if they think fit.

                          Question put and passed.

Message from

House of Assembly:

Estimates Committees -

Council Ministers

to attend.

 

 

Message No. 68

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Road Traffic Act 1961, with the amendments indicated by the annexed Schedule, to which amendments the House of Assembly desires the concurrence of the Legislative Council.

House of Assembly, 1 June 2000.                                                                      J.K.G. OSWALD, Speaker.

 

Road Traffic

(Red Light

Camera Offences) Amendment Bill

 

 

Schedule of the amendments made by the House of Assembly.

No. 1.       Long title—After "Road Traffic Act 1961" insert:

                 and the Road Traffic (Miscellaneous) Amendment Act 1998

No. 2.       Clause 3, page 3, line 17—Leave out "$2 500" and insert:

                 $2 000

No. 3.       Clause 3, page 3, lines 19 to 31 and page 4, lines 1 to 7—Leave out paragraph (c) and insert:

 (c)   by inserting after subsection (2) the following subsection:

         (2a) The expiation fee for an alleged offence against this section where the owner of the vehicle is a body corporate and the prescribed offence in which the vehicle appears to have been involved is a red light offence is an amount equal to the sum of the amount of the expiation fee for such an alleged offence where the owner is a natural person and $300.;

(ca)  by striking out from subsection (4) "A" and substituting "Subject to subsection (4a), a";

(cb)  by inserting after subsection (4) the following subsection:

         (4a) Subsection (4) does not apply where the owner of the vehicle is a body corporate and the prescribed offence in which the vehicle appears to have been involved is a red light offence.;

No. 4.       Clause 3, page 4, lines 14 to 29—Leave out paragraph (e).

No. 5.       New clause, page 4, after line 29—Insert new clause as follows:

Amendment of Road Traffic (Miscellaneous) Amendment Act 1998

4. The Road Traffic (Miscellaneous) Amendment Act 1998 is amended by repealing sections 6 and 7.

G. D. MITCHELL, Clerk of the House of Assembly

 

 

                 Ordered - That the Message be taken into consideration forthwith.

                 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

 

                          Resolved - That the amendments be agreed to.

_____________________

 

                 The President resumed the Chair, and reported accordingly; whereupon the Council adopted such report.

 

 

 

Message No. 69

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the State Lotteries Act 1966 and the Racing Act 1976, to which it desires the concurrence of the Legislative Council.

House of Assembly, 1 June 2000.                                                                      J.K.G. OSWALD, Speaker.

                 Bill read a first time.

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

 

Statutes

Amendment (Lotteries and

Racing - GST) Bill.

 

 

Message No. 70

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Gaming Machines Act 1992, to which it desires the concurrence of the Legislative Council.

House of Assembly, 1 June 2000.                                                                      J.K.G. OSWALD, Speaker.

                 Bill read a first time.

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

 

Gaming Machines (Miscellaneous) Amendment Bill.

15.

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

 

Postponement

of Business.

16.

Ordered - That Notice of Motion (Private Business) No. 1 be an Order of the Day for Wednesday, 28 June 2000.

 

Postponement

of Business.

17.

Ordered - That the Council, at its rising, do adjourn until Tuesday, 27 June 2000, at fifteen minutes past two o’clock.

 

Next Day

of Sitting.

 

18.

Council adjourned at eight minutes to six o’clock until Tuesday, 27 June 2000, 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. A. J. Redford

The Hon. R. R. Roberts

The Hon. T. G. Roberts

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. G. Weatherill

The Hon. N. Xenophon

The Hon. C. Zollo