[SOUTH AUSTRALIA]

No. 43

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY  1  JULY  1997

 

 

 

   1.

Council met pursuant to adjournment.  The President (The Hon. H.P.K. Dunn) 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. 3.

                 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. 28 of 1997 - An Act to amend the Tobacco Products Regulation Act 1997.

                 No. 29 of 1997 - An Act to amend the Associations Incorporation Act 1985.

                 No. 30 of 1997 - An Act to amend the Acts Interpretation Act 1915, the Administration and Probate Act 1919, the Criminal Law Consolidation Act 1935, the Equal Opportunity Act 1984, the Evidence (Affidavits) Act 1929, the Fair Trading Act 1987, the Firearms Act 1977, the Holidays Act 1910, the Oaths Act 1936, the Pay-roll Tax Act 1971, the South Australian Co-operative and Community Housing Act 1991 and the Wrongs Act 1936.

                 No. 31 of 1997 - An Act to regulate the licensing and control of the casino at Adelaide; to repeal the Casino Act 1983; and for other purposes.

                 No. 32 of 1997 - An Act to amend the Gaming Supervisory Authority Act 1995.

                 No. 33 of 1997 - An Act to amend the Liquor Licensing Act 1985.

                 No. 34 of 1997 - An Act to amend the Pay-roll Tax Act 1971 and the Taxation Administration Act 1996.

                 No. 35 of 1997 - An Act to amend the Environment Protection Act 1993 and other Acts as a consequence of the enactment of the Water Resources Act 1997; and for other purposes.

                 No. 36 of 1997 - An Act to make provision for a uniform legislative scheme for friendly societies; to repeal the Friendly Societies Act 1919; to make consequential amendments to the Financial Institutions (Application of Laws) Act 1992 and the South Australian Office of Financial Supervision Act 1992; and for other purposes.

Government House, Adelaide, 1 July 1997.                                                         E. J. NEAL, Governor.

 

Message from

Governor:

Assent to Bills.

 

   2.

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

        By the Minister for Education and Children’s Services (The Hon. R. I. Lucas) -

                 Regulations under the following Acts -

                          Development Act 1993 - Referrals and Concurrences.

                          Electricity Act 1996 - General.

Papers.

 

                          Electricity Corporations Act 1994 - Temporary Non-Commercial Provisions.

                          Gas Act 1997 - Principal.

                          Southern State Superannuation Act 1994 - Administrative Charge.

                          Superannuation (Benefit Scheme) Act 1992 - Administrative Charge.

                          Tobacco Products Regulation Act 1997 - Principal.

                          Waterworks Act 1932 - Revocation of Schedule 2.

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

                 Animal and Plant Control Commission - Report 1996.

                 Soil Conservation Boards of South Australia - Report, 1995-96.

                 Regulations under the following Acts -

                          Bills of Sale Act 1886 - Fees.

                          Criminal Assets Confiscation Act 1996 - Principal.

                          Gaming Machines Act 1992 - Fees.

                          Public Corporations Act 1993 - ETSA Corporation Board.

                          Real Property Act 1996 -

                                   Fees.

                                   Land Division Fees.

                          Registration of Deeds Act 1935 - Fees.

                          Strata Titles Act 1988 - Fees payable to Registrar-General.

                          Veterinary Surgeons Act 1985 - Fees.

                          Worker’s Liens Act 1893 - Fees.

                 Summary Offences Act 1953 -

                          Dangerous Area Declarations.

                          Road Block Establishment Authorisations.

        By the Minister for Consumer Affairs (The Hon. K. T. Griffin) -

                 Regulations under the following Act -

                          Liquor Licensing Act 1985 -

                                   Long Term Dry Areas.

                                   Revocation of Eighth Schedule.

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

                 Regulations under the following Acts -

                          Motor Vehicles Act 1959 -

                                   Exemptions and Reports.

                                   Expiration Fees - Revocation and Substitution.

                          Physiotherapists Act 1991 - Qualifications.

                          Public and Environmental Health Act 1987 - Disposal or Re-use of Water.

                          Road Traffic Act 1961 -

                                   Expiation Fees - Revocation and Substitution.

                                   Inspections - Fees.

                          South Australian Health Commission Act 1976 - Medicare Patient Fees - Variation.

                          Water Resources Act 1997 -

                                   Penrice Exemption.

                                   Principal.

                                   Roxby Downs Exemption.

 

 

   4.

The Minister for Education and Children’s Services tabled a copy of a Ministerial Statement made by the Premier (The Hon. J. W. Olsen, M.P.) concerning the Textiles, Clothing and Footware Industries.

 

Paper

Tabled.

   5.

The Minister for Education and Children’s Services tabled a copy of a Ministerial Statement made by the Minister for Housing and Urban Development (The Hon. S. J. Baker, M.P.) concerning the Regulation of Telecommunications Facilities.

 

Paper

Tabled.

   6.

The Minister for Education and Children’s Services tabled a copy of a Ministerial Statement made by the Minister for Employment, Training and Further Education (The Hon. D. C. Kotz, M.P.) concerning TAFE SA offering a twelve month scholarship to Hong Kong student.

 

Paper

Tabled.

   7.

Ordered - That the Orders of the Day (Government Business) No. 1 to No. 5 be postponed and taken into consideration after Order of the Day (Government Business) No. 6.

 

Postponement

of Business.

   8.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Liquor Licensing Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 3 agreed to.

                          Clause No. 4 amended and agreed to.

                          Clause No. 5 agreed to.

                          Clause No. 6 amended and agreed to.

                          Clause No. 7 amended and agreed to.

                          Clauses No. 8 to No. 10 agreed to.

                          Clause No. 11 amended and agreed to.

                          Clauses No. 12 to No. 16 agreed to.

                          Clause No. 17 amended and agreed to.

                          Clause No. 18 amended and agreed to.

                          Clauses No. 19 to No. 31 agreed to.

                          Clause No. 32 amended and agreed to.

                          Clause No. 33 amended and agreed to.

                          Clause No. 34 amended and agreed to.

                          Clause No. 35 read.

                 The Attorney-General moved on page 18, lines 34 to 36, to leave out paragraph (b) and insert the following:

                          “(b)   to sell liquor on the licensed premises for consumption on the licensed premises at a time when live entertainment is provided on the licensed premises between 9 pm on one day and 5 am on the next but not at any time falling between -

  (i)    9 pm on Christmas Day and 5 am on the following day;

 (ii)    9 pm on Maundy Thursday and 5 am on Good Friday;

(iii)    9 pm on Good Friday and 5 am on the following day.”

                 The Hon. J.A.W. Levy moved to amend the amendment by leaving out from subparagraph (iii)  “Easter Saturday” and inserting “the following day”.

                 Question - That the amendment moved by the Hon. J.A.W. Levy to the amendment moved by the Attorney-General, be agreed to - put and passed.

                 Question - That the amendment moved by the Attorney-General and as amended by the Hon. J.A.W. Levy, be agreed to - put and passed.

                          Clause No. 35, as amended and otherwise amended, agreed to.

                          Clause No. 36 amended and agreed to.

                          Clauses No. 37 to No. 39 agreed to.

                          Clause No. 40 amended and agreed to.

                          Clause No. 41 amended and agreed to.

                          Clause No. 42 amended and agreed to.

                          Clause No. 43 amended and agreed to.

                          Clause No. 44 amended and agreed to.

                          Clauses No. 45 to No. 47 agreed to.

                          Clause No. 48 amended and agreed to.

                          Clause No. 49 amended and agreed to.

                          Clauses No. 50 and No. 51 agreed to.

                          Clause No. 52 read.

                          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.

 

Liquor

Licensing

Bill.

   9.

At five minutes to six o’clock the sitting was suspended until the ringing of the bells.

                 At fifteen minutes to eight o’clock the sitting was resumed.

 

Suspension and

Resumption of

Sitting.

 

10.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Liquor Licensing Bill.

 

In the Committee

 

                          Clause No. 52 further considered, amended and agreed to.

                          Clause No. 53 amended and agreed to.

                          Clause No. 54 agreed to.

                          Clause No. 55 amended and agreed to.

                          Clauses No. 56 and No. 57 agreed to.

                          Clause No. 58 struck out.

                          New clause No. 58 inserted.

                          Clauses No. 59 and No. 60 agreed to.

                          Clause No. 61 struck out.

                          New clause No. 61 inserted.

                          Clauses No. 62 to No. 70 agreed to.

                          Clause No. 71 amended and agreed to.

                          Clauses No. 72 and No. 73 agreed to.

                          Clause No. 74 amended and agreed to.

                          Clauses No. 75 and No. 76 agreed to.

                          Clause No. 77 amended and agreed to.

                          Clauses No. 78 and No. 79 agreed to.

                          Clause No. 80 read.

                 The Hon. M. J. Elliott moved on page 40, lines 13 to 15, to leave out paragraph (c) and insert new paragraph as follows:

                          “(c)    for a producer’s licence - 11 per cent of the gross amount paid or payable to the licensee for liquor (other than wine or brandy) by purchasers who are not liquor merchants during the relevant assessment period and, if the gross amount paid or payable to the licensee for wine and brandy by purchasers who are not liquor merchants during the relevant assessment period exceeds $2m, an additional amount equivalent to 11 per cent of the excess.”

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

                          Clause No. 80 otherwise amended and agreed to.

                          Clause No. 81 agreed to.

                          Clause No. 82 amended and agreed to.

                          Clause No. 83 amended and agreed to.

                          Clauses No. 84 to No. 86 agreed to.

                          Clause No. 87 amended and agreed to.

                          Clauses No. 88 to No. 98 agreed to.

                          Clause No. 99 amended and agreed to.

                          Clause No. 100 read.

                 The Hon. J.A.W. Levy moved on page 49, line 16, to leave out subparagraph (iii).

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

                          Clause No. 100 agreed to.

                          Clauses No. 101 to No. 106 agreed to.

                          Clause No. 107 amended and agreed to.

                          Clauses No. 108 and No. 109 agreed to.

                          Clause No. 110 amended and agreed to.

                          Clause No. 111 amended and agreed to.

                          Clause No. 112 read.

                 The Hon. J.A.W. Levy moved on page 56, lines 25 and 26, to leave out subclause (6).

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

                          Clause No. 112 otherwise amended and agreed to.

                          Clauses No. 113 to No. 117 agreed to.

                          Clause No. 118 amended and agreed to.

_____________________

 

And it being twelve of the clock:

WEDNESDAY  2  JULY  1997

_____________________

 

Liquor

Licensing

Bill.

 

                          Clause No. 119 amended and agreed to.

                          Clauses No. 120 to No. 138 agreed to.

                          Schedule amended and 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 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.

 

 

11.

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

Message No. 106

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to establish the National Wine Centre; and for other purposes, to which it desires the concurrence of the Legislative Council.

House of Assembly, 5 June 1997.                                                                         G. M. GUNN Speaker.

                 Bill read a first time.

                 The Attorney-General then moved - That this Bill be now read a second time.

                 On motion of the Hon. P. Holloway, the debate was adjourned until next day of sitting.

 

Messages from

House of

Assembly:

National

Wine Centre

Bill.

 

 

Message No. 107

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Local Government Act 1934, to which it desires the concurrence of the Legislative Council.

House of Assembly, 1 July 1997.                                                                          G. M. GUNN Speaker.

                 Bill read a first time.

                 The Attorney-General then moved - That this Bill be now read a second time.

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

 

Local

Government (Miscellaneous) Amendment

Bill.

 

 

Message No. 108

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act for the appropriation of money from the Consolidated Account for the year ending on 30 June 1998 and for other purposes, to which it desires the concurrence of the Legislative Council.

House of Assembly, 1 July 1997.                                                                          G. M. GUNN Speaker.

                 Bill read a first time.

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

 

Appropriation

Bill.

 

12.

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

 

Postponement

of Business.

13.

Council adjourned at twenty-six minutes to one o’clock a.m. until today at fifteen minutes past two o’clock.

 

Adjournment.

 

_________________________

 

 

 

 

 

Members present during any part of the sitting:

 

 

 

The Hon. T. Crothers

The Hon. L. H. Davis

The Hon. M. J. Elliott

The Hon. K. T. Griffin

The Hon. P. Holloway

The Hon. J. C. Irwin

The Hon. S. M. Kanck

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. J.A.W. Levy

The Hon. R. I. Lucas

The Hon. P. Nocella

The Hon. B.S.L. Pfitzner

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. J. F. Stefani

The Hon. G. Weatherill