SOUTH AUSTRALIA]

No. 28

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY  3  APRIL  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.

A Messenger from the Governor having been announced by Black Rod, the following Message was received and read:

Message No. 7.

                 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. 3 of 2001 - An Act to amend the Alice Springs to Darwin Railway Act 1997.

Government House, Adelaide, 3 April 2001.                                            E. J. NEAL, Governor.

 

Message from
Governor:
Assent to Bills.

   3.

Answers to Questions on Notice Nos. 10, 52, 59 and 60 received this day were tabled by the President who directed that they be distributed and printed in Hansard.

 

Answers to
Questions on
Notice.

 

    4.

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

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

                 Regulations under the following Acts -

                          Alice Springs to Darwin Railway Act 1997 - Access Provision.

                          Public Corporations Act 1993 -

                                   Dissolution -

                                             RESI Energy.

                                             RESI Power.

                                   Transfer of Assets - Masters’ Games.

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

                 Board of the Botanic Gardens and State Herbarium - Report, 1999-2000.

                 Regulation under the following Act -

                          Development Act 1993 - System Improvement Program.

 

Papers.

   5.

The Treasurer tabled a copy of a Ministerial Statement made by the Premier (The Hon. J. W. Olsen, M.P.) concerning Harris Scarfe.

 

Paper Tabled.

   6.

The Treasurer tabled a copy of a Ministerial Statement made by the Premier (The Hon. J. W. Olsen, M.P.) concerning the City of Adelaide Trial Dry Zone.

 

Paper Tabled.

   7.

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

 

Postponement
of Business.

   8.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Prostitution (Regulation) Bill.

 

Prostitution (Regulation) Bill.

 

In the Committee

 

                          Clause No. 10A which the Minister for Transport and Urban Planning had moved to insert on page 9, after line 30, as follows:

                  Small brothels

                          10A. (1) The establishment of a small brothel or use of premises as a small brothel is excluded from the definition of "development" for the purposes of the Development Act 1993.

                          (2) For the purposes of this section, a brothel is a small brothel if—

                          (a)        the total number of prostitutes employed or engaged in the sex business or the sex businesses carried on at or from the brothel does not exceed 2; and

                          (b)        the total floor area of the room or rooms used for the provision of sexual services does not exceed 30 square metres.” - further considered.

                  Question - That new clause No. 10A, as proposed to be inserted by the Minister for Transport and Urban Planning, be so inserted - put.

 

 

         Committee divided:

Ayes, 8

The Hon. M. J. Elliott

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. C. A. Pickles

The Hon. A. J. Redford

The Hon. T. G. Roberts

The Hon. R. K. Sneath

The Hon. D. V. Laidlaw (Teller)

 

 

 

 

      So it passed in the negative.

 

Noes, 12

The Hon. T. Crothers

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. K. T. Griffin

The Hon. P. Holloway

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. R. R. Roberts

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. N. Xenophon

The Hon. C. Zollo (Teller)

 

 

                          Clause No. 11 amended and agreed to.

                          Clause No. 12 amended and agreed to.

                          Clause No. 13 agreed to.

                          Clause No. 14 read.

                 The Hon. C. A. Pickles moved on page 11, lines 15 to 32, to leave out this clause and insert new clause as follows:

                  “Advertising availability of sexual services

                          14. (1) A person must not advertise the availability of sexual services except by means of a permitted advertisement.

                  Maximum penalty:      $5 000.

                          (2) A permitted advertisement is—

                          (a)    an advertisement—

                                        (i)            published—

                                                        ×       in a newspaper, magazine or other periodic publication; or

                                                        ×       in a commercial directory that is predominantly devoted to the advertisement of businesses that do not provide sexual services; or

                                                        ×       on the internet; and

                                        (ii)           in the case of a printed advertisement—occupying not more than 12 square centimetres; and

                                        (iii)          stating that the services advertised are sexual services; and

                                        (iv)          containing no photographic or pictorial material; and

                                        (v)           containing no reference to the race, colour or ethnic origin of any prostitute; and

                                        (vi)          containing no reference to the health or medical testing of any prostitute; and

 

 

 

                                        (vii)         containing no reference to massage, relaxation, therapeutic, health or related or similar services; and

                                        (viii)        conforming to other restrictions or requirements imposed by the regulations; or

                          (b)        an advertisement by way of oral recommendation given in the course of a private conversation; or

                          (c)        an advertisement of some other kind permitted by the regulations.”

                 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 next day of sitting.

 

 

   9.

Ordered - That Orders of the Day (Government Business) No. 4 to No. 9 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

10.

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

                 Debate resumed.

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

 

Statutes
Amendment (Transport
Portfolio) Bill.

 

11.

On the Order of the Day being read for the adjourned debate on the question - That the Lake Eyre Basin (Intergovernmental Agreement) 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. 5 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 Treasurer, 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.

 

Lake Eyre Basin
(Intergovernmental
Agreement) Bill.

12.

On the Order of the Day being read for the adjourned debate on the motion of the Attorney-General - ‘That, during the present Session, the Council make available to any person who believes that he or she has been adversely referred to during proceedings of the Legislative Council the following procedure for seeking to have a response incorporated in to Hansard -

              I.      Any person who has been referred to in the Legislative Council by name, or in another way so as to be readily identified, may make a submission in writing to the President -

                       (a)     claiming that he or she has been adversely affected in reputation or in respect of dealings or associations with others, or injured in profession, occupation or trade or in the holding of an office, or in respect of any financial credit or other status or that his or her privacy has been unreasonably invaded; and

                       (b)     requesting that his or her response be incorporated in to Hansard.

             II.      The President shall consider the submission as soon as practicable.

            III.      The President shall reject any submission that is not made within a reasonable time.

            IV.      If the President has not rejected the submission under clause III, the President shall give notice of the submission to the Member who referred in the Council to the person who has made the submission.

 

Sessional
Standing Order -
Citizen’s
Right of Reply -
Motion re.

 

             V.      In considering the submission, the President -

                       (a)     may confer with the person who made the submission;

                       (b)     may confer with any Member;

                       (c)     must confer with the Member who referred in the Council to the person who has made the submission if it is possible to do so;

                       but

                       (d)     may not take any evidence;

                       (e)     may not judge the truth of any statement made in the Council or the submission.

           VI.      If the President is of the opinion that -

                       (a)     the submission is trivial, frivolous, vexatious or offensive in character; or

                       (b)     the submission is not made in good faith; or

                       (c)     the submission has not been made within a reasonable time; or

                       (d)     the submission misrepresents the statements made by the Member; or

                       (e)     there is some other good reason not to grant the request to incorporate a response in to Hansard,

                       the President shall refuse the request and inform the person who made it of the President’s decision.

          VII.      The President shall not be obliged to inform the Council or any person of the reasons for any decision made pursuant to this resolution.  The President’s decision shall be final and no debate, reflection or vote shall be permitted in relation to the President’s decision.

         VIII.      Unless the President refuses the request on one or more of the grounds set out in paragraph V of this resolution, the President shall report to the Council that in the President’s opinion the response in terms agreed between him and the person making the request should be incorporated in to Hansard and the response shall thereupon be incorporated in to Hansard.

           IX.      A response -

                       (a)     must be succinct and strictly relevant to the question in issue;

                       (b)     must not contain anything offensive in character;

                       (c)     must not contain any matter the publication of which would have the effect of -

                                   (i)      unreasonably adversely affecting or injuring a person, or unreasonably invading a person’s privacy in the manner referred to in paragraph I of this resolution, or

                                  (ii)      unreasonably aggravating any adverse effect, injury or invasion of privacy suffered by any person, or

                                 (iii)      unreasonably aggravating any situation or circumstance,

                       and

                       (d)     must not contain any matter the publication of which might prejudice -

                                   (i)      the investigation of any alleged criminal offence,

                                  (ii)      the fair trial of any current or pending criminal proceedings, or

                                 (iii)      any civil proceedings in any court or tribunal.

             X.      In this resolution -

                       (a)     “person” includes a corporation of any type and an unincorporated association;

                       (b)     “Member” includes a former Member of the Legislative Council.’

                 Debate resumed.

                 Question put and passed.

 

 

13.

Ordered - That Order of the Day (Government Business) No. 13 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

14.

Ordered - That Order of the Day (Government Business) No. 14 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 question - That the Police Superannuation (Miscellaneous) 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.

 

Police
Superannuation
(Miscellaneous)
Amendment Bill.

 

  16.

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

Message No. 55

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith entitled an Act to facilitate the Second Software Centre Inquiry by conferring evidentiary powers and immunities; and for other purposes, to which it desires the concurrence of the Legislative Council.

House of Assembly, 3 April 2001.                                                                    J.K.G. OSWALD, Speaker.

                 Bill read a first time.

                 Ordered - That the second reading be an Order of the Day for next day of sitting.

 

Message from
House of
Assembly:

Software Centre
Inquiry (Powers
and Immunities)
Bill.

 

17.

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

 

Postponement
of Business.

18.

Council adjourned at five 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