SOUTH AUSTRALIA]

No. 79

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

MONDAY  2  JUNE  2003

 

 

 

   1.

Council met pursuant to adjournment.  The President (The Hon. R. R. Roberts) took the Chair.

                 The President read prayers.

 

Meeting of
Council.

 

   2.

The Minister for Agriculture, Food and Fisheries reported as follows:- The Managers have been to the Conference on the Statutes Amendment (Road Safety Reforms) Bill which was managed on behalf of the House of Assembly by the Attorney-General (The Hon. M. J. Atkinson), the Minister for Transport (The Hon. M. J. Wright) and Messrs. Buckby, Goldsworthy and Such and they there received from the Managers on behalf of the House of Assembly the Bill and the following Resolution adopted by that House -

                 That the disagreement to the amendments made by the Legislative Council be insisted on.

         And thereupon the Managers for the two Houses conferred together, and it was agreed that we should recommend to our respective Houses that -

Statutes
Amendment
(Road Safety
Reforms) Bill.

 

 

                 As to Amendment No. 1:

                                   That the Legislative Council amend its amendment by leaving out the word "anniversary" and inserting in lieu thereof the words "and third anniversaries".

                 and that the House of Assembly agree thereto.

 

 

 

                 As to Amendment No. 3:

                          That the House of Assembly do not further insist on its disagreement.

 

 

 

                 As to Amendment No. 4:

                                   That the Legislative Council amend its amendment by leaving out paragraph (a) and inserting in lieu thereof the following paragraph:

                                               (a)  in the case of a licence issued to a person under the age of 19 years—

                                          (i)   if the person incurs one or more demerit points before he or she turns 19—

                                                 (A)  until he or she turns 20; or

                                                 (B)  until 2 years have elapsed,

                                                 whichever occurs later; or

                                          (ii)  in any other case—

                                                 (A)  until he or she turns 19; or

                                                 (B)  until 2 years have elapsed,

                                                 whichever occurs later;

                 and that the House of Assembly agree thereto.

 

 

 

                 As to Amendment No.15:

                          That the Legislative Council do not further insist on its amendment.

                 As to Amendment No. 17:

                          That the Legislative Council do not further insist on its amendment.

 

 

 

 

                 As to Amendment No. 27:

                          That the House of Assembly do not further insist on its disagreement.

                 As to Amendment No. 33:

                          That the Legislative Council do not further insist on its amendment.

                 As to Amendment No. 35:

                                   That the Legislative Council do not further insist on its amendment but make the following amendment in lieu thereof:

                          Page 17—After line 7 insert new clause as follows:

                          Insertion of section 110AAA

                                               32B. The following section is inserted after section 110 of the principal Act:

                                               Annual report by Minister on speed management

                                               110AAA. (1) The Minister must, on or before 30 September in each year, prepare a report on—

                                    (a)    the adequacy of laws governing speed-limits and the need for any changes to those laws; and

                                    (b)    the criteria for determining the appropriateness of speed-limits applying on arterial and non-arterial roads; and

                                    (c)    the effectiveness of court and expiation processes in minimising the use of court resources for the enforcement of speed-limits; and

                                    (d)    priorities and strategies for the enforcement of speed-limits; and

                                    (e)    technologies for the detection of speeding offences; and

                                    (f)     the use of road infrastructure to manage speed.

                                             (2)  The Minister must, within 6 sitting days after completing the report, cause copies to be laid before both Houses of Parliament.

                                             (3) This section expires on the third anniversary of its commencement unless, before that anniversary, both Houses of Parliament pass a resolution declaring that this section will continue in operation after that anniversary.

                 and that the House of Assembly agree thereto.

                 And that the following consequential amendmens be made to the Bill:

                          Clause 15—Leave out subsection (2) of section 81C and insert in lieu thereof:

                                               (2) If a person expiates an offence to which this section applies, the Registrar must give the person written notice—

                                    (a)    that, commencing on a day specified in the notice, the person is disqualified from holding or obtaining a licence or learner's permit for—

                                               (i)      if the person has been convicted of a second offence—3 months; or

                                              (ii)      if the person has been convicted of a third offence—6 months; or

                                             (iii)     if the person has been convicted of a subsequent offence—12 months; and

                                    (b)    that, if the person holds any licence or learner's permit at the commencement of the period of disqualification, the licence or permit is cancelled; and

                                    (c)    if the person has been convicted of a third or subsequent offence—that, despite the disqualification imposed under this section, the person will, on application made to the Registrar at any time after the half-way point in the period of that disqualification, be entitled to be issued with a licence or learner's permit subject to the alcohol interlock scheme conditions for the required period (in addition to any conditions otherwise required).

                                   Clause 23— Insert in subsection (4) after the words "purposes of this section" the words "(other than subsection (5))".

                                   Clause 23—Insert after subsection (5):

                                               (6) In determining whether a category 1 offence is a first offence for the purposes of subsection (5), any previous offence against subsection (1) or section 47(1), 47E(3) or 47I(14) for which the defendant has been convicted or that the defendant has expiated will be taken into account, but only if the previous offence was committed or alleged to have been committed within the prescribed period immediately preceding the date on which the offence under consideration was allegedly committed.

                                               (7) For the purposes of subsection (6), the prescribed period is—

                                    (a)    in the case of a previous offence that is a category 1 offence—3 years;

                                    (b)    in any other case—5 years.

                 and that the House of Assembly agree thereto.

 

 

 

 

                 Ordered - That the President do now leave the Chair and the Council resolve itself into a Committee of the Whole for the consideration of the recommendations from the Conference.

 

In the Committee

 

                          Resolved - That the recommendations from the Conference be agreed to.

_____________________

 

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

 

 

 

   3.

The Minister for Aboriginal Affairs and Reconciliation (The Hon. T. G. Roberts) brought up the Interim Report of the Select Committee on Retail Trading Hours in South Australia, together with Minutes of Proceedings and Evidence.

                 Ordered - That the Report be printed.  (Paper No. 213)

 

Select Committee
on Retail Trading
Hours in
South Australia -
Interim Report.

 

   4.

The Minister for Aboriginal Affairs and Reconciliation tabled a Ministerial Statement made by the Minister for Environment and Conservation (The Hon. J. D. Hill, M.P.) concerning the South Australian Government’s Plans to Stop the Commonwealth from Establishing a Nuclear Waste Dump.

 

Paper Tabled.

 

   5.

The Minister for Aboriginal Affairs and Reconciliation tabled a Ministerial Statement made by the Attorney-General (The Hon. M. J. Atkinson, M.P.) concerning the Removal of the Immunity from Prosecution for Sex Offences that occurred before December 1982.

 

Paper Tabled.

 

   6.

The Minister for Aboriginal Affairs and Reconciliation, without notice, moved - That the Standing Orders be so far suspended as to enable Question Time to be extended to enable the Hon. D. V. Laidlaw to complete her question to the Minister and for the Minister to give his reply.

                 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.

 

   7.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 4 be Orders of the Day (Government Business) for next day of sitting.

 

Postponement
of Business.

 

   8.

Ordered - That Orders of the Day (Government Business) No. 5 to No. 12 be postponed and taken into consideration after Order of the Day (Government Business) No. 13.

 

Postponement
of Business.

 

   9.

On the Order of the Day being read for the adjourned debate on the question - That the Shop Trading Hours (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.

 

Shop Trading Hours
(Miscellaneous)
Amendment Bill.

 

10.

Ordered - That Orders of the Day (Government Business) No. 5 to No. 8 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

11.

On the Order of the Day being read for the adjourned debate on the question - That the Coroners 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.

 

Coroners Bill.

 

12.

Ordered - That Orders of the Day (Government Business) No. 10 and No. 11 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

13.

Ordered - That Orders of the Day (Government Business) No. 12 to No. 14 be postponed and taken into consideration after Order of the Day (Private Business) No. 1.

 

Postponement
of Business.

 

14.

The Hon. T. J. Stephens, according to order, moved - That the Statutes Amendment (Notification of Superannuation Entitlements) Bill be now read a second time.

                 On motion of the Hon. R. K. Sneath, the debate was adjourned until Wednesday, 4 June 2003.

 

Statutes
Amendment
(Notification of
Superannuation
Entitlements) Bill.

 

 

15.

Ordered - That Order of the Day (Government Business) No. 12 be postponed and take into consideration on motion.

 

Postponement
of Business.

 

16.

Ordered - That the adjourned debate on the question - That the Coroners Bill be now read a second time - be now resumed.

                 Debate resumed.

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

 

Coroners Bill.

 

17.

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

                 Debate resumed.

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

 

Supply Bill.

 

18.

Ordered - That the adjourned debate on the question - That the Shop Trading Hours (Miscellaneous) Amendment Bill be now read a second time - be now resumed.

                 Debate resumed.

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

 

Shop Trading Hours
(Miscellaneous)
Amendment Bill.

 

19.

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

                 Debate resumed.

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

 

Statutes Amendment
(Water Conservation
Practices) Bill.

 

20.

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

 

Suspension and
Resumption of
Sitting.

 

 

21.

The Minister for Agriculture, Food and Fisheries, without notice, moved - That the Standing Orders be so far suspended as to enable him to move - That the Order made this day for the Sittings of the Council to be suspended until the ringing of the bells be discharged and for the Council to now adjourn.

                 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.

 

 

The Minister for Agriculture, Food and Fisheries, moved - That the Order made this day for the Sittings of the Council to be suspended until the ringing of the bells be discharged and for the Council to now adjourn.

                 Question put and passed.

 

Suspension of
Standing Orders.

 

22.

Council adjourned at five 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. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. I. Gilfillan

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. A. J. Redford

The Hon. K. J. Reynolds

The Hon. D. W. Ridgway

The Hon. T. G. Roberts The Hon. C. V. Schaefer

The Hon. R. K. Sneath

The Hon.  J. F. Stefani

The Hon. T. J. Stephens

The Hon. C. Zollo

The Hon. N. Xenophon