[SOUTH AUSTRALIA]

No. 46

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  2  SEPTEMBER  1998

 

 

 

   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 Treasurer (The Hon. R. I. Lucas), by leave, moved - That the Legislative Council expresses its deep regret at the death of the Hon. Jack David Wright, former Deputy Premier and Member for Adelaide for the 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. I. Gilfillan, the Hon.
G. Weatherill, the Hon. L. H. Davis, the Hon. T. G. Roberts, the Hon. P. Holloway, the Hon.
T. Crothers, the Hon. R. R. Roberts and the Hon. C. Zollo:

                 Motion carried in silence, Members standing in their places.

 

Death of

Hon. J. D. Wright..

   3.

At twenty-eight minutes past three o’clock the sitting was suspended until the ringing of the bells.

                 At fifteen minutes to four o’clock the sitting was resumed.

 

Suspension and

Resumption of

Sitting.

 

   4.

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

 

Statements

on Matters

of Interest.

 

   5.

Ordered - That Order of the Day (Private Business) No. 1 be an Order of the Day for Wednesday,
23 September 1998.

 

Postponement

of Business.

 

   6.

The Hon. T. G. Cameron, having obtained leave to amend the motion of which notice had been given, moved -

    I.   That a Select Committee of the Legislative Council be appointed to inquire into and report on -

(a)     the establishment of a Special Committee comprising Members of the Parliament to consider and approve the procedures to apply to any sale of ETSA and/or Optima Energy and to monitor and review such procedures in the event of any such sale, having regard to, but not limited to the
following -

    i.   the assets and liabilities of ETSA and Optima Energy;

   ii.   any risks associated with either the sale or the retention in public ownership of ETSA and/or Optima Energy;

  iii.   the principal terms and conditions to apply in respect of any contract of sale;

Select Committee

on the Establishment

of a Special Committee and

the Holding of a Referendum on

the Sale of ETSA

and Optima Energy- Motion re.

 

 

  iv.   the likely impact on the finances of the State of South Australia as a consequence of any such sale and, in particular, the extent of any liabilities, including any residual liabilities, which may be retained by the State of South Australia after any such sale;

   v.   a process to be approved by this Parliament to ensure that an adequate reserve price is set for any sale of ETSA and/or Optima Energy; and

  vi.   a process to be approved by this Parliament to ensure that at least 90% of the proceeds from any sale of ETSA and/or Optima Energy are used to retire debt and other liabilities of the State of South Australia; and

(b)    the desirability and feasibility of holding a referendum to ascertain from the electors of South Australia their view on the sale of ETSA and Optima Energy.

   II.   That the Select Committee consist of eight Members and that the quorum of Members necessary to be present at all meetings of the Select committee be fixed at four Members and that Standing Order No. 389 be so far suspended as to enable the Chairperson of the Committee to have a deliberative vote only.

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

IV.   That Standing Order No. 396 be suspended to enable strangers to be admitted when the Select Committee is examining witnesses unless the Select Committee otherwise resolves, but they shall be excluded when the Committee is deliberating.

                 And the Hon. T. G. Cameron having obtained leave to conclude his remarks, the debate was adjourned and ordered to be resumed on motion.

 

 

   7.

Ordered - That Orders of the Day (Private Business) No. 3 to No. 6 be Orders of the Day for Wednesday, 23 September 1998.

 

Postponement

of Business.

 

   8.

On the Order of the Day being read for the adjourned debate on the motion of the Hon.
M. J. Elliott - That the Principal Regulations under the Technical and Further Education Act 1975, made on 28 August 1997 and laid on the Table of this Council on 2 December 1997, be disallowed:

                 Debate resumed.

                 Question put.

           Council divided:.

Technical and Further Education Act 1975 - Principal Regulations -

Motion for disallowance.

 

 

Ayes, 10.

The Hon. T. G. Cameron

The Hon. I. Gilfillan

The Hon. P. Holloway

The Hon. S. M. Kanck

The Hon. C. A. Pickles

The Hon. T. G. Roberts

The Hon. G. Weatherill

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. M. J. Elliott (Teller)

  Noes, 7.

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. D. V. Laidlaw

The Hon. A. J. Redford

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. R. I. Lucas (Teller)

 

 

 

        So it was resolved in the affirmative.

 

 

   9.

Ordered - That Orders of the Day (Private Business) No. 8 and No. 9 be Orders of the Day for Wednesday, 23 September 1998.

 

Postponement

of Business.

 

10.

The Hon. A. J. Redford, according to order, moved - That the Principal Regulations under the Water Resources Act 1997, made on 26 June 1997 and laid on the Table of this Council on 1 July 1998, be disallowed.

                 Ordered - That the Order of the Day be discharged.

Water Resources

Act 1997 -

Principal Regulations -

Motion for disallowance of.

Business Discharged.

 

11.

Ordered - That Order of the Day (Private Business) No. 11 be discharged.

 

Business

Discharged.

 

12.

Ordered - separately - That Orders of the Day (Private Business) No. 12 to No. 16 be Orders of the Day for Wednesday, 23 September 1998.

 

Postponement

of Business.

 

13.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 9 be Orders of the Day for Tuesday, 22 September 1998.

 

Postponement

of Business.

 

14.

Ordered - That the adjourned debate on the motion of the Hon. T. G. Cameron -

    I.   That a Select Committee of the Legislative Council be appointed to inquire into and report on -

(a)     the establishment of a Special Committee comprising Members of the Parliament to consider and approve the procedures to apply to any sale of ETSA and/or Optima Energy and to monitor and review such procedures in the event of any such sale, having regard to, but not limited to the
following -

    i.   the assets and liabilities of ETSA and Optima Energy;

   ii.   any risks associated with either the sale or the retention in public ownership of ETSA and/or Optima Energy;

  iii.   the principal terms and conditions to apply in respect of any contract of sale;

  iv.   the likely impact on the finances of the State of South Australia as a consequence of any such sale and, in particular, the extent of any liabilities, including any residual liabilities, which may be retained by the State of South Australia after any such sale;

   v.   a process to be approved by this Parliament to ensure that an adequate reserve price is set for any sale of ETSA and/or Optima Energy; and

  vi.   a process to be approved by this Parliament to ensure that at least 90% of the proceeds from any sale of ETSA and/or Optima Energy are used to retire debt and other liabilities of the State of South Australia; and

(b)    the desirability and feasibility of holding a referendum to ascertain from the electors of South Australia their view on the sale of ETSA and Optima Energy.

   II.   That the Select Committee consist of eight Members and that the quorum of Members necessary to be present at all meetings of the Select committee be fixed at four Members and that Standing Order No. 389 be so far suspended as to enable the Chairperson of the Committee to have a deliberative vote only.

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

IV.   That Standing Order No. 396 be suspended to enable strangers to be admitted when the Select Committee is examining witnesses unless the Select Committee otherwise resolves, but they shall be excluded when the Committee is deliberating - be now resumed.

                 Debate resumed.

                 The Hon. P. Holloway moved to amend the motion in paragraph I, subparagraph (a), after the words “any sale of ETSA and/or Optima Energy” first occurring, by leaving out the words “and to monitor and review such procedures” and inserting the words “, to review all information and documentation and to monitor and review procedures”.

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

 

Select Committee

on the Establishment

of a Special Committee and

the Holding of a Referendum on

the Sale of ETSA

and Optima Energy- Motion re.

 

15.

The Treasurer, without notice, moved - That the Standing Orders be so far suspended as to enable the sitting of the Council to be extended beyond 6.30 p.m. to enable Business of the Day to be concluded.

                 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.

16.

Ordered - That the adjourned debate on the motion of the Hon. T. G. Cameron -

    I.   That a Select Committee of the Legislative Council be appointed to inquire into and report on -

(a)     the establishment of a Special Committee comprising Members of the Parliament to consider and approve the procedures to apply to any sale of ETSA and/or Optima Energy and to monitor and review such procedures in the event of any such sale, having regard to, but not limited to the
following -

    i.   the assets and liabilities of ETSA and Optima Energy;

   ii.   any risks associated with either the sale or the retention in public ownership of ETSA and/or Optima Energy;

  iii.   the principal terms and conditions to apply in respect of any contract of sale;

  iv.   the likely impact on the finances of the State of South Australia as a consequence of any such sale and, in particular, the extent of any liabilities, including any residual liabilities, which may be retained by the State of South Australia after any such sale;

   v.   a process to be approved by this Parliament to ensure that an adequate reserve price is set for any sale of ETSA and/or Optima Energy; and

  vi.   a process to be approved by this Parliament to ensure that at least 90% of the proceeds from any sale of ETSA and/or Optima Energy are used to retire debt and other liabilities of the State of South Australia; and

(b)    the desirability and feasibility of holding a referendum to ascertain from the electors of South Australia their view on the sale of ETSA and Optima Energy.

   II.   That the Select Committee consist of eight Members and that the quorum of Members necessary to be present at all meetings of the Select committee be fixed at four Members and that Standing Order No. 389 be so far suspended as to enable the Chairperson of the Committee to have a deliberative vote only.

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

IV.   That Standing Order No. 396 be suspended to enable strangers to be admitted when the Select Committee is examining witnesses unless the Select Committee otherwise resolves, but they shall be excluded when the Committee is deliberating.

                          To which the Hon. P. Holloway had moved to amend in paragraph I, subparagraph (a) after the words “any sale of ETSA and/or Optima Energy” first occurring, by leaving out the words “and to monitor and review such procedures” and inserting the words “, to review all information and documentation and to monitor and review procedures” - be now resumed.

                 Debate resumed.

                 The Hon. M. J. Elliott moved to amend the motion in Paragraph I, before subparagraph (a), by inserting new subparagraph (aa) as follows:

“(aa)  i.   the assets and liabilities of ETSA and Optima Energy;

          ii.   the range of likely scenarios in relation to future economic conditions, sale price for ETSA and/or Optima Energy and future profitability, and the likely impact on the State’s finances in both the short and long term.”

                 And by leaving out subparagraphs (i) and (iv) in subparagraph (a) and in subparagraph (b) by leaving out the words “and feasibility of” and inserting “, feasibility of and most suitable process for”.

                 Question - That the amendment moved by the Hon. M. J. Elliott to insert new subparagraph (aa), be agreed to - put and negatived.

                 Question - That the amendment moved by the Hon. P. Holloway to leave out words and insert others, be agreed to - put.

Select Committee

on the Establishment

of a Special Committee and

the Holding of a Referendum on

the Sale of ETSA

and Optima Energy- Motion re.

 

 

                             Council divided:

 

 

Ayes, 7.

The Hon. M. J. Elliott

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. C. A. Pickles

The Hon. R. R. Roberts

The Hon. G. Weatherill

The Hon. P. Holloway (Teller)

 

Noes, 8.

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. J. F. Stefani

The Hon. N. Xenophon

The Hon. T. G. Cameron (Teller)

 

 

        So it passed in the negatived.

                 Question - That the amendment moved by the Hon. M. J. Elliott to leave out subparagraph (i) be agreed to - put and negatived.

                 Question - That the amendment moved by the Hon. M. J. Elliott to leave out subparagraph (iv) be agreed to - put and negatived.

                 Question - That the amendment moved by the Hon. M. J. Elliott to subparagraph (b) be agreed to - put and passed.

                 Question - That the motion moved by the Hon. T. G. Cameron, and as amended by the Hon. M. J. Elliott, be agreed to - put.

                             Council divided:

 

 

Ayes, 8.

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. J. F. Stefani

The Hon. N. Xenophon

The Hon. T. G. Cameron (Teller)

  Noes, 7.

The Hon. T. Crothers

The Hon. M. J. Elliott

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. C. A. Pickles

The Hon. R. R. Roberts

The Hon. P. Holloway(Teller)

 

 

 

So it was resolved in the affirmative.

 

 

         The Hon. T. G. Cameron moved - That the Select Committee consist of the Treasurer, the Minister for Disability Services (the Hon. R. D. Lawson), the Hon. L. H. Davis, the Hon.
P. Holloway, the Hon. S. M. Kanck, the Hon. T. G. Roberts, the Hon. N. Xenophon and the mover.

         Question put and passed.

         The Hon. T. G. Cameron moved - That the Select Committee have power to send for persons, papers and records, to adjourn from place to place, have leave to sit during the recess and report on the first day of next session.

         Question put and passed.

 

Select

Committee

Appointed.

  17.

The Treasurer moved - That the Council, at its rising, do adjourn until Tuesday, 22 September 1998, at fifteen minutes past two o’clock.

                 Debate ensued.

                 Question put and passed.

 

Next Day

of Sitting.

 

  18.

Council adjourned at fifteen minutes to eight o’clock until Tuesday, 22 September 1998, 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. 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