SOUTH AUSTRALIA]

No. 34

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  2  MAY  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 Hon. A. J. Redford brought up the Sixteenth Report, 2000-2001 of the Legislative Review Committee, which was read by the Clerk as follows -

                 The By-laws listed hereunder are at present being considered by the Legislative Review Committee.  Evidence is being taken on these matters and it is necessary for Notices of Motion for Disallowance to be given in both Houses before the expiration of 14 sitting days, to allow the Committee time to complete its deliberations.

                 Honourable Members are warned that after further consideration has been given to the
By-laws, the Committee may decide to take no further action.

                 By-laws referred to -

                          Local Government Act 1999 -

                                   District Council of Grant - Various.

                                   City of Salisbury -

                                          No. 3 - Roads.

                                          No. 4 - Local Government Land.

                                          No. 5 - Number of Dogs.

                                   City of Mitcham -

                                          No. 3 - Local Government Land.

                                          No. 4 - Streets and Roads.

                                          No. 6 - Dogs.

 

Legislative
Review
Committee -
Sixteenth Report,
2000-2001.

   3.

The Hon. A. J. Redford brought up the Seventeenth Report, 2000-2001 of the Legislative Review Committee.

 

Legislative
Review
Committee -
Seventeenth Report,
2000-2001.

   4.

The Hon. A. J. Redford brought up the Eighteenth Report, 2000-2001 of the Legislative Review Committee, which was read by the Clerk as follows -

                 The Legislative Review Committee, at its meeting on 2 May 2001, considered By-laws of the City of Onkaparinga that were made on 19 September 2000 and laid on the Table of the House of Assembly on 27 February 2001 and on the Table of the Legislative Council on 13 March 2001.

                 The Committee noted that each of these By-laws was not laid before either House within six sitting days after each had been made and therefore did not comply with the provision of subsection 10(3) of the Subordinate Legislation Act 1978.

 

Legislative
Review
Committee -
Eighteenth Report,
2000-2001.

 

                 In accordance with subsection 10(5) of the Act, the Legislative Review Committee reports a failure to comply with subsection 10(3) of the Act to the House with respect to each By-law.

                 By-laws referred to -

                          Local Government Act 1999 - City of Onkaparinga -

                                   No.    1   -   Local Government Land.

                                   No.    2   -   Roads.

                                   No.    3   -   Domestic Waste.

                                   No.    4   -   Bridges and Jetties.

                                   No.    5   -   Moveable Signs.

                                   No.    6   -   Boat Ramp.

                                   No.    7   -   Permits and Penalties.

                                   No.  10   -   STED Schemes.

                                   No.  11   -   Beach and Foreshore.

                 Members are advised that each By-law may be disallowed by Resolution of the House and will cease to have effect, but that a Resolution is not effective unless it is passed in pursuance of a Notice of Motion given within six sitting days after this Report is made to the House.

 

 

   5.

The Hon. P. Holloway, having stated in writing that he wished to debate a matter of urgent public importance, viz:-.

                 That the Treasurer of the Government of South Australia should be censured for his poor handling of the privatisation of the State’s electricity utilities and of issues surrounding South Australia’s entry into the national electricity market:

                 And more than the required number of Members having risen in their places in proof of urgency:

                 The Hon. P. Holloway moved - That the Council, at its rising, do adjourn until Friday, 4 May 2001, at 1.30 p.m.

                 Debate ensued.

 

Debate on
Matter of Urgency -
Censuring of
Treasurer re
Electricity Utilities.

   6.

One hour having lapsed, Business of the Day was called on by the Clerk.

          Ordered - That Statements on Matters of Interest and Business of the Day be postponed in order to conclude the debate on the Matter of Urgency.

 

Business of the
Day called on.

 

   7.

Debate interrupted by the call on of Business of the Day resumed.

                 Motion, by leave, withdrawn.

Debate on
Matter of Urgency -
Censuring of
Treasurer re
Electricity Utilities.

 

   8.

The President called on Members to make Statements on Matters of Interest.

 

Statements
on Matters
of Interest.

   9.

The Minister for Transport and Urban Planning (The Hon. D. V. Laidlaw, M.P.), by leave, tabled a copy of a Ministerial Statement made by the Minister for Local Government (The Hon. D. C. Kotz, M.P.) concerning a Grant from the Local Government Incentive Programme for South Australia’s State/Local Government Partnerships Program.

 

Paper Tabled.

10.

Ordered - That Orders of the Day (Private Business) No. 1 to No. 5 be Orders of the Day for Wednesday, 16 May 2001.

 

Postponement
of Business.

11.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. L. H. Davis - That the Report of the Statutory Authority Review Committee on an Inquiry into Animal and Plant Control Boards and Soil Conservation Boards be noted:

                 Debate resumed.

                 Question put and passed.

 

Statutory Authority
Review Committee -
Report on an Inquiry
into Animal and
Plant Control
Boards and Soil
Conservation
Boards to be noted -
Motion re.

12.

On the Order of the Day being read for the adjourned debate on the question - That the Development (Adult Book/Sex Shops) Amendment Bill be now read a second time:

                 Debate resumed.

                 And the Minister for Transport and Urban Planning having obtained leave to conclude her remarks, the debate was adjourned until Wednesday, 16 May 2001.

 

Development
(Adult Book/Sex
Shops)
Amendment Bill.

13.

Ordered - That Order of the Day (Private Business) No. 8 be an Order of the Day for Wednesday, 16 May 2001.

 

Postponement
of Business.

14.

Ordered - That Order of the Day (Private Business) No. 9 be postponed and taken into consideration on motion.

 

Postponement
of Business.

15.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. I. Gilfillan -

              I.      That, in the opinion of this Council, a Joint Committee be appointed to inquire into and report on the impact of Dairy Deregulation on the industry in South Australia and in so doing, consider -

                       (a)     Was deregulation managed in a fair and equitable manner?

                       (b)     What has been the impact of deregulation on the industry in South Australia?

                       (c)     What is the future prognosis for the deregulated industry?

                       (d)     Other relevant matters.

             II.      That in the event of a Joint Committee being appointed, the Legislative Council be represented thereon by three Members, of whom two shall form a quorum of Council Members necessary to be present at all sittings of the Committee.

            III.      That this Council permits the Joint Committee to authorise the disclosure or publication, as it thinks fit, of any evidence or documents presented to the Committee prior to such evidence being reported to the Council.

            IV.      That a Message be sent to the House of Assembly transmitting the foregoing Resolution and requesting its concurrence thereto.:

                 Debate resumed.

                 The Hon. T. Crothers moved to amend the motion by leaving out paragraph III.

                 On motion of the Hon. L. H. Davis, the debate was adjourned until Wednesday, 16 May 2001.

 

Deregulation of
Dairy Industry -
Joint Committee on -
Motion re.

 

16.

Ordered - separately - That Orders of the Day (Private Business) No. 11 to No. 13 be Orders of the Day for Wednesday, 16 May 2001.

 

Postponement
of Business.

17.

On the Order of the Day being read for the adjourned debate on the question - That the Road Traffic (Ticket Vending Machines) Amendment Bill be now read a second time:

                 Debate resumed.

                 And the Minister for Planning and Urban Planning having obtained leave to conclude her remarks, the debate was adjourned until Wednesday, 16 May 2001.

 

Road Traffic
(Ticket Vending
Machines)
Amendment Bill.

18.

Ordered - That Orders of the Day (Private Business) No. 15 to No. 19 be Orders of the Day for Wednesday, 16 May 2001.

 

Postponement
of Business.

19.

On the Order of the Day being read for the adjourned debate on the question - That the Dignity in Dying Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. P. Holloway, the debate was adjourned until Wednesday, 16 May 2001.

 

Dignity in
Dying Bill.

20.

Ordered - separately - That Orders of the Day (Private Business) No. 21 to No. 25 be Orders of the Day for Wednesday, 16 May 2001.

 

Postponement
of Business.

21.

Ordered - That Order of the Day (Private Business) No. 26 be discharged.

 

Business
Discharged.

 

22.

Ordered - separately - That Orders of the Day (Private Business) No. 27 to No. 29 be Orders of the Day for Wednesday, 16 May 2001.

 

Postponement
of Business.

23.

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

                 Debate resumed.

                 On motion of the Hon. T. G. Roberts, the debate was adjourned until Wednesday, 16 May 2001.

 

Statutes
Amendment
(Dust-Related
Conditions) Bill.

24.

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

 

Postponement
of Business.

25.

The Attorney-General (The Hon. K. T. Griffin), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to introduce measures for the minimisation of graffiti; to punish people responsible for graffiti; to provide for the removal of graffiti; to make consequential amendments to the Summary Offences Act 1953; and for other purposes.

                 Question put and passed.

                 Bill introduced and read a first time.

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

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

 

Graffiti
Control Bill.

26.

Ordered - That Notice of Motion (Government Business) No. 2 and Orders of the Day (Government Business) No. 1 to No. 11 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

27.

Council adjourned at ten minutes past six o’clock until tomorrow 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