[SOUTH AUSTRALIA]

No. 36

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  2  JUNE  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.

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

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

                 Regulations under the following Acts -

                          Fees Regulation Act 1927 - Fees.

                          Financial Institutions Duty Act 1983 - Non-dutiable receipts.

                          Gaming Machines Act 1992 - Fees.

                          Land Tax Act 1936 - Fees.

                          Petroleum Products Regulation Act 1995 - Fees.

                          Tobacco Products Regulation Act 1997 - Fees.

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

                 Regulations under the following Acts -

                          Associations Incorporation Act 1985 - Fees.

                          Bills of Sale Act 1886 - Fees.

                          Business Names Act 1996 - Fees.

                          Community Titles Act 1996 - Fees.

                          Co-operatives Act 1997 - Fees.

                          Cremation Act 1891 - Permit Fees.

                          Dangerous Substances Act 1979 - Fees.

                          Explosives Act 1936 - Fees.

                          Meat Hygiene Act 1994 - Fees.

                          Mines and Works Inspection Act 1920 - Fees.

                          Mining Act 1971 - Fees.

                          Occupational Health, Safety and Welfare Act 1986 - Fees.

                          Opal Mining Act 1995 - Fees.

                          Petroleum Act 1940 - Fees.

                          Real Property Act 1886 - Fees.

                          Real Property Act 1886 - Transfer Fees.

                          Registration of Deeds Act 1935 - Fees.

                          Roads (Opening and Closing) Act 1991 - Fees.

                          Seeds Act 1979 - Fees.

                          Sexual Reassignment Act 1988 - Fees.

                          State Records Act 1997 - Fees.

                          Strata Titles Act 1988 - Fees.

Papers.

 

                          Supreme Court Act 1935 - Fees.

                          Supreme Court Act 1935 - Probate Fees.

                          Valuation of Land Act 1971 - Fees.

                          Worker’s Liens Act 1893 - Fees.

                          Workers Rehabilitation and Compensation Act 1986 - Medical Practitioner Scale of Charges.

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

                 Regulations under the following Acts -

                          Emergency Services Funding Act 1998 - Unpaid Levy.

                          Firearms Act 1977 - Fees.

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

                 Regulations under the following Acts -

                          Births, Deaths and Marriages Registration Act 1996 - Fees.

                          Building Work Contractors Act 1995 - Fees.

                          Conveyancers Act 1994 - Fees.

                          Land Agents Act 1994 - Fees.

                          Liquor Licensing Act 1997 - Fees.

                          Plumbers, Gas Fitters and Electricians Act 1995 - Fees.

                          Second-hand Vehicle Dealers Act 1995 - Fees.

                          Security and Investigation Agents Act 1995 - Fees.

                          Trade Measurement Administration Act 1993 - Charges.

                          Travel Agents Act 1986 - Fees.

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

                 Regulations under the following Acts -

                          Adoption Act 1988 - Fees.

                          Botanic Gardens and State Herbarium Act 1978 - Fees.

                          Controlled Substances Act 1984 - Fees- General.

                          Controlled Substances Act 1984 - Fees - Pesticide.

 

 

                          Controlled Substances Act 1984 - Fees - Poisons.

                          Crown Lands Act 1929 - Fees.

                          Development Act 1993 - Fees.

                          Environment Protection Act 1993 - Beverage Container.

                          Environment Protection Act 1993 - Fees and Levies.

                          Harbors and Navigation Act 1993 - Fees.

                          Housing Improvement Act 1940 - Fees.

                          Local Government Act 1934 - Fees.

                          Motor Vehicles Act 1959 - Fees.

                          Motor Vehicles Act 1959 - Trade Plate Fees.

                          National Parks and Wildlife Act 1972 - Hunting Fees.

                          National Parks and Wildlife Act 1972 - Permit Fees.

                          Passenger Transport Act 1994 - General Fees.

                          Pastoral Land Management and Conservation Act 1989 - Fees.

                          Public and Environmental Health Act 1987 - Fees.

                          Racing Act 1976 - Percentage Totalizator - Fees.

                          Radiation Protection and Control Act 1982 - Fees.

                          Road Traffic Act 1961 - Expiation Fees.

                          Road Traffic Act 1961 - Inspection Fees.

                          South Australian Health Commission Act 1976 - Private Hospitals - Fees.

                          South Australian Health Commission Act 1976 - Recognised Hospital - Fees.

                          South Australian Health Commission Act 1976 - Fees.

                          Water Resources Act 1997 - Fees.

 

 

   3.

The Hon. A. J. Redford brought up the Fourteenth Report, 1998-99 of the Legislative Review Committee.

 

Legislative Review Committee -

Fourteenth Report,

1998-99.

 

   4.

The President laid on the Table the Third Report of the Statutory Authorities Review Committee on the Management of the West Terrace Cemetery by the Enfield General Cemetery Trust.

                 Ordered - That the Report be printed (Paper No. 211).

 

Statutory Authorities Review Committee - Third Report on

the Management

of the West Terrace Cemetery by the Enfield General Cemetery Trust.

 

   5.

The Attorney-General, while making a Ministerial Statement, tabled a copy of Victims of Crime Review - Report One, June 1999, prepared by the Justice Strategy Unit.

 

Paper Tabled.

 

   6.

The Minister for Transport and Urban Planning tabled a copy of a Ministerial Statement made by the Minister for Industry and Trade (The Hon. I. F. Evans, M.P.) on the Draft Decision for Adelaide Airport PFC.

 

Paper  Tabled.

   7.

The Minister for Transport and Urban Planning, without notice, moved - That the Standing Orders be so far suspended as to enable Question Time to be extended to enable her to give a reply to a question asked by the Hon. M. J. Elliott.

                 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.

In accordance with Sessional Standing Order, the President called on Members to make Statements on Matters of Interest.

 

Statements on

Matters of

Interest.

 

   9.

The Hon. P. Holloway, pursuant to notice, moved - That the Legislative Council -

         I.      Notes that -

                 (a)     the Howard Liberal Government intends, through its proposed 29% Wine Equalisation Tax (WET) to -

      (i)   increase the rate of taxation on wine from the existing 41% Wholesale Sales Tax to the equivalent of a Wholesale Sales Tax of 46%;

     (ii)   raise an additional $147 million more in tax than the industry currently pays; and

    (iii)   tax cellar door sales;

                 (b)    the increases in the price of wine that would be caused by the WET proposals of the Howard Government would break the Prime Minister’s promise that prices would not rise by more than 1.9% under the GST;

                 (c)     industry estimates that the proposed tax would cost 500 jobs nationwide; and

                 (d)    the tax would have disproportionate adverse effects in South Australia which accounts for 50% of national wine output, as well as an adverse impact on small wineries.

        II.      Calls on the Howard Liberal Government to -

                 (a)     reduce its Wine Equalisation Tax proposal to the equivalent of revenue neutrality or 24.5%; and

                 (b)    provide exemption from the Wine Equalisation Tax to the value of at least $100,000 per annum for cellar door sales, tastings and promotions.

         On motion of the Hon. M. J. Elliott, the debate was adjourned until next Wednesday of sitting.

 

Wine Equalisation Tax Proposal - Motion re.

10.

The Hon. J.S.L. Dawkins, pursuant to notice, moved - That the Report of the Environment, Resources and Development Committee on the Pilchard Fishery be noted.

                 Debate ensued.

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

 

Environment, Resources and Development Committee -

Report on the Pilchard Fishery

to be noted -

Motion re.

 

11.

The Hon. N. Xenophon, pursuant to notice, moved -

         I.      That this Council directs the Treasurer, The Hon. R. I. Lucas, to provide to the Australian Competition and Consumer Commission (ACCC) and the State Crown Solicitor, all documents and information in the power, possession or control of the Treasurer that they may require relating to any contracts, arrangements or understandings between or involving -

                 (a)     The State owned electricity entities, and in particular Optima Energy, Synergen, Flinders Power, Electranet SA, Terra Gas Trader, ETSA utilities of the one part and ETSA Power of the other part;

                 (b)    Terra Gas Trader of the one part and Synergen of the other part;

                 (c)     Terra Gas Trader of the one part and National Power PLC and/or National Power South Australia Investments Limited of the other part;

                 (d)    Terra Gas Trader of the one part and Optima Power of the other part;

                 (e)     National Power PLC and/or National Power South Australia Investments Limited of the one part and ETSA Power of the other part;

                 (f)     The South Australian Government or any State owned entity of the one part and National Power and/or National Power South Australia Investments Limited of the other part;

                 (g)    Any State owned electricity entities and any participant in the project involving the construction and operation of the proposed power station to be located at Pelican Point,

                       with a view to having any such contracts, arrangements or understandings examined by the ACCC and the State Crown Solicitor for potential contravention of the Trade Practices Act.

        II.      That this Council directs the Attorney-General, The Hon K. T. Griffin, to require the State Crown Solicitor to seek a declaration of the Federal Court of Australia that none of such contracts, arrangements, understandings or conduct in relation to the Pelican Point Project contravenes the Trade Practices Act, and that pending such declaration the parties to those contracts, arrangements or understandings take no further steps to give effect to the terms of those contracts, arrangements or understandings.

                 Debate ensued.

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

 

Documents relating to Contracts, Arrangements or Understandings concerning State Owned Electricity Entities -

Motion re.

12.

The Hon. N. Xenophon, pursuant to notice, moved-

         I.      (a)     That in the opinion of this Council, a Joint Committee be appointed to inquire into and report upon the South Australian Electricity Market arrangements and the impact these arrangements have had and are likely to have on electricity prices and security of supply for South Australian consumers, and in particular, to inquire into -

      (i)   local generation options;

     (ii)   regulated interconnectors; and

    (iii)   unregulated interconnectors.

                 (b)    And that this Committee assess these arrangements as to their ability to achieve the most economically efficient outcome for South Australia.

        II.      That in the event of a 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 Joint Standing Order No. 6 be so far suspended as to entitle the Chairperson to vote on every question, but when the votes are equal, the Chairperson shall have also a casting vote.

       IV.      The Joint Committee be authorised to disclose or publish, as it thinks fit, any evidence and documents presented to the Joint Committee prior to such evidence and documents being reported to the Parliament.

        V.      That a Message be sent to the House of Assembly requesting its concurrence thereto.

                 Debate ensued.

           On motion of the Hon. L. H. Davis, the debate was adjourned and ordered to be resumed on motion.

 

South Australian Electricity

Market Arrangements - Establishment of Joint Committee on -

Motion re.

13.

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

Message No. 64

MR. PRESIDENT - The House of Assembly has, in reply to Message No. 59 from the Legislative Council, agreed to grant a Conference on the Listening Devices (Miscellaneous) Amendment Bill as requested by the Legislative Council.  The House of Assembly has named the hour of 10.00 a.m. Thursday to receive the Managers on behalf of the Legislative Council at the Plaza Room.

House of Assembly, 1 June 1999.                                                                      J.K.G. OSWALD Speaker.

                 Ordered - That a Message be sent to the House of Assembly agreeing to the time and place for holding the Conference.

 

Message from

House of

Assembly:

14.

The Hon. L. H. Davis, pursuant to notice, moved - That the Third Report of the Statutory Authorities Review Committee on the Management of the West Terrace Cemetery by the Enfield General Cemetery Trust be noted.

                 And the Hon. L. H. Davis having obtained leave to conclude his remarks, the debate was adjourned and ordered to be resumed on motion.

Statutory Authorities Review Committee - Third Report on

the Management

of the West Terrace Cemetery by the Enfield General Cemetery Trust

to be noted -

Motion re.

 

15.

At two minutes past six o’clock the sitting was suspended until the ringing of the bells.

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

 

Suspension and

Resumption of

Sitting.

 

16.

Ordered - That Orders of the Day (Private Business) No. 1 to No. 25 and Orders of the Day (Government Business) No. 1 to No. 18 be postponed and taken into consideration after Order of the Day (Government Business) No. 20.

 

Postponement

of Business.

17.

On the Order of the Day being read for the adjourned debate on the question - That the Financial Sector Reform (South Australia) 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 and No. 20 agreed to.

                          Clause No. 21 being a money clause, no question was put on the clause.

                          Clauses No. 22 to No. 37 agreed to.

                          Clause No. 38 being a money clause, no question was put on the clause.

                          Clause No. 39 and No. 40 agreed to.

                          Schedule 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.

 

Financial Sector Reform (South Australia) Bill.

18.

On the Order of the Day being read for the adjourned debate on the question - That the Financial Sector (Transfer of Business) 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. 7 agreed to.

                          Clause No. 8 being a money clause, no question was put on the clause.

                          Clause No. 9 and No. 10 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.

 

Financial Sector (Transfer of Business) Bill.

19.

Ordered - That the adjourned debate on the motion of the Hon. L. H. Davis - That Third Report of the Statutory Authorities Review Committee on the Management of the West Terrace Cemetery by the Enfield General Cemetery Trust be noted - be now resumed.

                 Debate resumed.

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

Statutory Authorities Review Committee - Third Report on

the Management

of the West Terrace Cemetery by the Enfield General Cemetery Trust

to be noted -

Motion re.

 

20.

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

 

Postponement

of Business.

 

21.

The Hon. P. Holloway, according to order, moved - That the Legislative Council calls on the Minister for Government Enterprises to guarantee continued safe public access to commercial jetties for recreational purposes, including fishing.

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

 

Public Access to Commercial Jetties - Motion re.

22.

The Hon. P. Holloway, according to order, moved - That -

         I.      The Legislative Council notes the considerable hardship suffered by farmers in the north east of this State due to exceptional circumstances, including drought and insect plague, and the refusal by the Federal Government to grant assistance to these farmers while it has assisted farmers suffering similar hardship in the adjoining area of New South Wales.

        II.      This Legislative Council therefore calls on the State Government to more actively lobby its Federal colleagues to support the application by farmers in the north east of our State for financial assistance.

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

 

Financial Assistance to Farmers in the North East of the State -

Motion re.

23.

Ordered - That Order of the Day (Private Business) No. 4 be an Order of the Day for next Wednesday of sitting.

 

Postponement

of Business.

24.

The Hon. I. Gilfillan, according to order, moved - That he have leave to introduce a Bill for an Act to amend the Evidence Act 1929.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. I. Gilfillan 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 Wednesday of sitting.

 

Evidence (Protection of Children giving Evidence) Amendment Bill.

25.

Ordered - separately - That Orders of the Day (Private Business) No. 6 to No. 9 be Orders of the Day for next Wednesday of sitting.

 

Postponement

of Business.

26.

On the Order of the Day being read for the adjourned debate on the motion of the Hon.
N. Xenophon - That the Report of the Social Development Committee on Gambling, tabled
on 26 August 1998, be further noted:

                 Debate resumed.

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

 

Social

Development Committee -

Report on

Gambling to be further noted - Motion re.

27.

Ordered - separately - That Orders of the Day (Private Business) No. 11 to No. 16 be Orders of the Day for next Wednesday of sitting.

 

Postponement

of Business.

 

28.

On the Order of the Day being read for the adjourned debate on the motion of the Hon.
M. J. Elliott - That the Regulations under the Native Vegetation Act 1991 concerning Exemptions, made on 21 August 1998 and laid on the Table of this Council on 25 August 1998, be disallowed:

                 Debate ensued.

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

 

Native Vegetation Act - Regulations - Exemptions -

Motion for disallowance of.

 

29.

Ordered - separately - That Orders of the Day (Private Business) No. 18 to No. 22 be Orders of the Day for next Wednesday of sitting.

 

Postponement

of Business.

 

30.

On the Order of the Day being read for the adjourned debate on the motion of the Hon.
I. Gilfillan - That the Environment, Resources and Development Committee be required to -

         I.      Establish the legal status of tuna feedlots in use at Louth Bay since on or about December 1996.

        II.      Determine -

                   (a)   what knowledge of the tuna feedlots was obtained by the Fisheries Section of PIRSA, and when was that knowledge obtained; and

                   (b)   what action was taken, or should have been taken by Fisheries Officers in response to that information.

       III.      Investigate and report on any illegality that may have occurred in connection with the Department’s response to the Louth Bay tuna feedlots.

       IV.      Determine whether Fisheries Officers were hindered in proper execution of their duties through lack of resources.

        V.      Determine whether any legal proceedings were considered or commenced in connection with the Louth Bay tuna feedlots and the reasons for such action or lack thereof.

       VI.      Investigate and report on the extent to which aquaculture enforcement has been, or is, deficient elsewhere in South Australian waters.

     VII.      Indicate what, if any, alteration in procedures or resources would be required for adequate enforcement of aquaculture:

                 Debate resumed.

                 Question put and passed.

 

Tuna Feedlots

in Louth Bay - Environment, Resources and Development Committee to

inquire into -

Motion re.

31.

Ordered - That Order of the Day (Private Business) No. 24 be an Order of the Day for next Wednesday of sitting.

 

Postponement

of Business.

32.

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

                 Debate resumed.

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

 

Constitution (Citizenship) Amendment

Bill.

33.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 18 and No. 21 to No. 24 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

34.

On the Order of the Day being read for the adjourned debate on the question - That the Mutual Recognition (South Australia) (Continuation) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. C. V. Schaefer, the debate was adjourned until next day of sitting.

 

Mutual Recognition (South Australia) (Continuation) Amendment Bill.

35.

Ordered - That the adjourned debate on the motion of the Hon. N. Xenophon -

         I.      (a)     That in the opinion of this Council, a Joint Committee be appointed to inquire into and report upon the South Australian Electricity Market arrangements and the impact these arrangements have had and are likely to have on electricity prices and security of supply for South Australian consumers, and in particular, to inquire into -

      (i)   local generation options;

     (ii)   regulated interconnectors; and

    (iii)   unregulated interconnectors.

                 (b)    And that this Committee assess these arrangements as to their ability to achieve the most economically efficient outcome for South Australia.

        II.      That in the event of a 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 Joint Standing Order No. 6 be so far suspended as to entitle the Chairperson to vote on every question, but when the votes are equal, the Chairperson shall have also a casting vote.

       IV.      The Joint Committee be authorised to disclose or publish, as it thinks fit, any evidence and documents presented to the Joint Committee prior to such evidence and documents being reported to the Parliament.

        V.      That a Message be sent to the House of Assembly requesting its concurrence thereto - be an Order of the Day for next day of sitting.

 

South Australian Electricity

Market Arrangements - Establishment of Joint Committee  on - Motion re.

36.

Ordered - That the Council, at its rising, do adjourn until tomorrow at eleven o’clock a.m.

 

Next Day

of Sitting.

 

37.

Council adjourned at twenty-four minutes past eleven o’clock until tomorrow at eleven o’clock a.m.

 

Adjournment.

 

 

_________________________

 

 

 

 

Members present during any part of the sitting:

 

 

 

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