SOUTH AUSTRALIA]

No. 63

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

THURSDAY  1  NOVEMBER  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.

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.

The Attorney-General, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Retail and Commercial Leases Act 1995.

                 Question put and passed.

 

Fair Trading
(Pyramid Selling
and Defences)
Amendment Bill.

 

 

   4.

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

 

Postponement
of Business.

 

   5.

Ordered - That Orders of the Day (Government Business) No. 2 to No. 20 be postponed and taken into consideration on motion.

 

Postponement
of Business.

 

   6.

Ordered - That the adjourned debate on the question - That the Law Reform (Delay in Resolution of Personal Injury Claims) Bill be now read a second time - be now resumed.

                 Debate resumed.

                 On motion of the Hon. A. J. Redford, the debate was adjourned and ordered to be resumed on motion.

 

Law Reform
(Delay in
Resolution of
Personal Injury
Claims) Bill.

 

 

   7.

Ordered - That the adjourned debate on the question - That the Statutes Amendment (Mobil Oil Refineries) Bill be now read a second time - be now resumed.

                 Debate resumed.

                 On motion of the Hon. A. J. Redford, the debate was adjourned and ordered to be resumed on motion.

 

Statutes
Amendment
(Mobil Oil
Refineries) Bill.

 

 

   8.

Ordered - That the adjourned debate on the question - That the Waterworks (Commercial Land Rating) Amendment Bill be now read a second time - be now resumed.

                 Debate resumed.

                 On motion of the Hon. J.S.L. Dawkins, the debate was adjourned and ordered to be resumed on motion.

 

Waterworks
(Commercial
Land Rating)
Amendment Bill.

 

 

    9.

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

 

In the Committee

 

                          Clause No. 8 further considered, amended and agreed to.

                          Clauses No. 9 to No. 11 agreed to.

                          Title agreed to.

                 Ordered - That clause No. 6 be reconsidered.

                          Clause No. 6 reconsidered 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; 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
(Road Safety
Initiatives) Bill.

 

10.

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

Message No. 120

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to regulate activities involving gene technology; to make a related amendment to the Agricultural and Veterinary Chemicals (South Australia) Act 1994; and for other purposes, to which it desires the concurrence of the Legislative Council.

House of Assembly, 31 October 2001.                                                        J.K.G. OSWALD, Speaker.

                 Bill read a first time.

                 The Minister for Transport and Urban Planning then moved - That this Bill be now read a second time.

                 On motion of the Hon. C. A. Pickles, the debate was adjourned until next day of sitting.

 

Messages from
House of Assembly:
Gene Technology
Bill.

 

 

  11.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Classification (Publications, Films and Computer Games) Amendment Bill.

 

In the Committee

 

                          Clause No. 1 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.

 

Classification
(Publications,
Films and
Computer Games)
(Miscellaneous)
Amendment Bill
(No. 2).

 

12.

At 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.

 

 

13.

The Attorney-General, pursuant to leave granted this day, introduced a Bill for an Act to amend the Retail and Commercial Leases Act 1995.

                 Bill read a first time.

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

Retail and
Commercial Leases
(Casual Mall Licences)
Amendment Bill.

 

 

                 The Attorney-General, by leave, tabled a copy of a memorandum from him to all members of the Retail Shop Leases Advisory Committee concerning Casual Mall Licensing, dated 30 October 2001.

                 On motion of the Hon. C. A. Pickles, the debate was adjourned until next day of sitting.

 

Paper Tabled.

 

  14.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Classification (Publications, Films and Computer Games) Amendment Bill.

 

In the Committee

 

                          Clause No. 1 further considered, amended and agreed to.

                          Clause No. 2 agreed to.

                          Clause No. 3 amended and agreed to.

                          Title agreed to.

_____________________

 

Classification
(Publications,
Films and
Computer Games)
(Miscellaneous)
Amendment Bill
(No. 2).

 

 

 

                 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.

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

Short Title Changed:
Classification
(Publications,
Films and
Computer Games)
(On-line Services)
Amendment Bill.

 

 

             Committee divided:

Ayes, 15

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. D. Lawson

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. R. R. Roberts

The Hon. C. V. Schaefer

The Hon. R. K. Sneath

The Hon. J. F. Stefani

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. K. T. Griffin (Teller)

      So it was resolved in the affirmative.

 

Noes, 5

The Hon. T. G. Cameron

The Hon. M. J. Elliott

The Hon. S. M. Kanck

The Hon. T. G. Roberts

The Hon. I. Gilfillan (Teller)

 

 

 

 

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

 

 

15.

Ordered - That the adjourned debate on the question - That the Waterworks (Commercial Land Rating) Amendment Bill be now read a second time - be now resumed.

                 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. 4 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.

 

Waterworks
(Commercial
Land Rating)
Amendment Bill.

 

 

16.

Ordered - That the adjourned debate on the question - That the Statutes Amendment (Mobil Oil Refineries) Bill be now read a second time - be now resumed.

                 Debate resumed.

                 On motion of the Hon. S. M. Kanck, the debate was adjourned until next day of sitting.

 

Statutes
Amendment
(Mobil Oil
Refineries) Bill.

 

 

17.

Ordered - That the adjourned debate on the question - That the Law Reform (Delay in Resolution of Personal Injury Claims) Bill be now read a second time - be now resumed.

                 Debate resumed.

                 On motion of the Hon. J.S.L. Dawkins, the debate was adjourned until next day of sitting.

 

Law Reform
(Delay in
Resolution of
Personal Injury
Claims) Bill.

 

 

18.

Ordered - That the adjourned debate on the question - That the Workers Rehabilitation and Compensation (Directions Officers) Amendment 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.

 

Workers
Rehabilitation and
Compensation
(Directions Officers)
Amendment Bill.

 

 

19.

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

 

Postponement
of Business.

 

  20.

Ordered - That the Council at its rising do adjourn until Tuesday, 13 November 2001, at fifteen minutes past two o’clock.

 

Next Day
of Sitting.

 

21.

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

Message No. 121

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to protect volunteers in the community from personal liability; and for other purposes, to which it desires the concurrence of the Legislative Council.

House of Assembly, 31 October 2001.                                                        J.K.G. OSWALD, Speaker.

                 Bill read a first time.

                 Ordered - That the second reading be taken into consideration on motion.

 

Messages from
House of Assembly:
Volunteers Protection Bill.

 

 

 

                 MR. PRESIDENT - The House of Assembly does not insist on its Amendment No. 1 in the Victims of Crime Bill to which the Legislative Council has disagreed and agrees to the alternative amendment made by the Legislative Council.

House of Assembly, 1 November 2001.                                                      J.K.G. OSWALD, Speaker.

 

Victims of
Crime Bill.

 

22.

Ordered - That the second reading of the Bill be taken into consideration forthwith.

                 The Attorney-General, at the request and on behalf of the Minister for Transport and Urban Planning, moved - That the Volunteers Protection Bill be now read a second time.

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

 

Volunteers Protection Bill.

 

23.

Council adjourned at twenty-five minutes to five o’clock until Tuesday, 13 November 2001, 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