[SOUTH AUSTRALIA]

No. 23

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY  2  MARCH  1999

 

 

 

   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. 4.

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

                 No. 1 of 1999 - An Act to amend the Mining Act 1971 and the Opal Mining Act 1995.

Government House, Adelaide, 2 March 1999.                                                     E. J. NEAL, Governor.

 

Message from

Governor:

Assent to Bills.

   3.

The Treasurer (The Hon. R. I. Lucas), by leave, moved - That the Legislative Council expresses its deep regret at the death of Mr. E. K. Russack, OAM, former Member of the Legislative Council and Member House of Assembly and places on record its appreciation of his distinguished public service and that, as a mark of respect to his memory, the sitting of the Council be suspended until the ringing of the bells.

                 And being supported by the Hon. C. A. Pickles, the Hon. M. J. Elliott, the Attorney-General (The Hon. K. T. Griffin), the Hon. J.S.L. Dawkins and the Hon. L. H. Davis:

                 Motion carried in silence, Members standing in their places.

 

Death of

Mr. E. K. Russack,

OAM.

   4.

At twelve minutes to three o’clock the sitting was suspended until the ringing of the bells.

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

 

Suspension and

Resumption of

Sitting.

 

   5.

Answers to Questions on Notice Nos. 1, 49, 95, 105 and 146 received this day were tabled by the President who directed that they be distributed and printed in Hansard.

 

Answers to

Questions on

Notice.

 

   6.

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

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

                 Regulation under the following Act -

                          Petroleum Products Regulation Act 1995 - Subsidy Rate.

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

                 Dog Fence Board - Report, 1997-98.

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

                 Regulation under the following Act -

                          Liquor Licensing Act 1997 - Dry Areas - Long Term - Normanville.

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

                 Regulation under the following Act -

                          Harbors and Navigation Act 1993 - Water Skiing.

                 Local Government Act 1934 - Rules - Amendment of Local Government Superannuation Scheme - Spouse Contributions.

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

                 Reports, 1997-1998 -

                          National Aboriginal Cultural Institute Inc., Tandanya.

                          South Australian Country Arts Trust.

         By the Minister for the Ageing (The Hon. R. D. Lawson) -

                 Office for the Ageing - Report, 1997-1998.

 

Papers.

   7.

The Attorney-General, without notice, moved - That the Standing Orders be so far suspended as to enable Question Time to be extended to enable him to give a reply to a question asked by the Hon. I. Gilfillan.

                 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.

   8.

The Treasurer, according to order, moved - That the Parliamentary Superannuation (Establishment of Fund) Amendment Bill be now read a second time.

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

 

Parliamentary Superannuation (Establishment of Fund) Amendment Bill.

 

   9.

The Treasurer, according to order, moved - That the Stamp Duties (Miscellaneous) Amendment Bill be now read a second time.

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

 

Stamp Duties (Miscellaneous) Amendment Bill.

10.

The Attorney-General, according to order, moved - That the Second-hand Vehicle Dealers (Compensation Fund) Amendment Bill be now read a second time.

                 Debate ensued.

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

 

Second-hand

Vehicle Dealers (Compensation Fund)

Amendment Bill.

 

11.

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

 

In the Committee

 

                          Clauses No. 1 to No. 3 agreed to.

                          Clause No. 4 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.

 

Evidence (Confidential Communications) Amendment Bill.

12.

Ordered - That Orders of the Day (Government Business) No. 5 to No. 9 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

 

13.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (Restraining Orders) 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. 4 agreed to.

                          Clause No. 5 amended and agreed to.

                          Clause No. 6 agreed to.

                          Clause No. 7 amended and agreed to.

                          Clause No. 8 amended and agreed to.

                          Clause No. 9 agreed to.

                          Clause No. 10 amended and agreed to.

                          Clause No. 11 amended and agreed to.

                          Clause No. 12 agreed to.

                          Clause No. 13 amended and agreed to.

                          Clause No. 14 amended and agreed to.

                          Clause No. 15 amended and agreed to.

                          Clause No. 16 agreed to.

                          Clause No. 17 amended and agreed to.

                          Clause No. 18 amended and agreed to.

                          Clause No. 19 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.

 

Statutes

Amendment (Restraining

Orders) Bill.

 

14.

Ordered - That Orders of the Day (Government Business) No. 11 to No. 20 be postponed and taken into consideration after Order of the Day (Government Business) No. 21.

 

Postponement

of Business.

15.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of Message No. 25 from the House of Assembly relating to the Criminal Law Consolidation (Contamination of Goods) Amendment Bill.

 

In the Committee

 

                          Resolved - That the amendments be agreed to.

_____________________

 

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

 

Criminal Law Consolidation (Contamination

of Goods) Amendment Bill.

16.

On the Order of the Day being read for the adjourned debate on the question - That the Criminal Law Consolidation (Intoxication) Amendment Bill be now read a second time:

                 Debate resumed.

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

 

Criminal Law

Consolidation

(Intoxication)

Amendment Bill.

 

17.

Ordered - That Orders of the Day (Government Business) No. 12 to No. 15 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

 

18.

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

                 Debate resumed.

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

 

Listening Devices (Miscellaneous) Amendment Bill.

 

19.

Ordered - That Order of the Day (Government Business) No. 17 be an Order of the Day for next day of sitting.

 

Postponement

of Business.

 

20.

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

                 Debate resumed.

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

 

Statutes

Amendment (Commutation for Superannuation Surcharge) Bill.

21.

Ordered - That Orders of the Day (Government Business) No. 19 and No. 20 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

22.

On the Order of the Day being read for the adjourned debate on the question - That the Manufacturing Industries Protection Act Repeal 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. 3 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.

 

Manufacturing Industries

Protection Act Repeal Bill.

 

23.

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

 

Postponement

of Business.

24.

Council adjourned at nineteen minutes past six o’clock until Tuesday, 2 March 1999, at fifteen minutes past two o’clock p.m.

 

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. J. F. Stefani

The Hon. G. Weatherill

The Hon. N. Xenophon

The Hon. C. Zollo