[SOUTH AUSTRALIA]

No. 28

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  3  MAY  2000

 

 

 

   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. 3.

                 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. 2 of 2000 - An Act to amend the Government Business Enterprises (Competition) Act 1996.

                 No. 3 of 2000 - An Act to amend the Development Act 1993.

                 No. 4 of 2000 - An Act to amend the District Court Act 1991; and to make related amendments to other Acts.

                 No. 5 of 2000 - An Act to amend the Goods Securities Act 1986.

                 No. 6 of 2000 - An Act to amend the Prices Act 1948.

                 No. 7 of 2000 - An Act to amend the Road Traffic Act 1961.

                 No. 8 of 2000 - An Act to amend the Wrongs Act 1936.

                 No. 9 of 2000 - An Act to repeal the Agricultural Holdings Act 1891, the Dairy Industry Assistance (Special Provisions) Act 1978, the Fruit and Vegetables (Grading) Act 1934, the Garden Produce (Regulation of Delivery) Act 1967, the Margarine Act 1939, the Marginal Dairy Farms (Agreement) Act 1971, the Rural Industry Adjustment (Ratification of Agreement) Act 1990, the Rural Industry Assistance Act 1985 and the Rural Industry Assistance (Ratification of Agreement) Act 1985.

                 No. 10 of 2000 - An Act to amend the Tobacco Products Regulation Act 1997.

Government House, Adelaide, 3 May 2000.                                                            E. J. NEAL, Governor.

 

Message from

Governor:

Assent to Bills.

   3.

The Hon. A. J. Redford brought up the Sixteenth Report, 1999-2000 of the Legislative Review Committee, which was read by the Clerk as follows:-

                 The Regulations listed hereunder are at present being considered by the Legislative Review Committee.  Evidence is being taken on these matters and it is necessary for a Notice 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 Regulations, the Committee may decide to take no further action.

 

Legislative

Review

Committee -

Sixteenth

Report,

1999-2000.

 

 

                 Regulations referred to:

                          Road Traffic Act 1961 - Application of Regulations.

                          Freedom of Information Act 1991 - Exempt Agency - Independent Industry Regulator.

                          Motor Vehicles Act 1959 - Demerit Points.

                          Road Traffic Act 1961 - Oversize or Overmass Vehicle Exemptions.

                          Road Traffic Act 1961 - Mass and Loading Requirements.

                          Road Traffic Act 1961 - Vehicle Standards Rules.

                          Road Traffic Act 1961 - Miscellaneous Provisions.

                          Road Traffic Act 1961 - Miscellaneous Variation.

                          Development Act 1993 - Public Notices.

                          Development Act 1993 - Electricity Businesses.

                          Prevention of Cruelty to Animals Act 1985 - Fees/Codes of Practice.

 

 

   4.

The Hon. A. J. Redford brought up the Seventeenth Report, 1999-2000 of the Legislative Review Committee.

 

Legislative

Review

Committee -

Seventeenth Report

1999-2000.

 

   5.

The Treasurer (The Hon. R. I. Lucas) tabled a copy of a Ministerial Statement made by the Premier (The Hon. J. W. Olsen, M.P.) concerning the Nation’s First Interstate Migration Program - Bring Them Back Home.

 

Paper Tabled.

   6.

The Attorney-General (The Hon. K. T. Griffin) tabled a copy of a Ministerial Statement made by the Minister for Government Enterprises (The Hon. M. H. Armitage, M.P.) concerning Ports Corp South Australia.

 

Paper Tabled.

   7.

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

 

Statements

on Matters

of Interest.

 

   8.

Ordered - separately - That Notices of Motion (Private Business) No. 1 to No. 6 and Orders of the Day (Private Business) No. 1 to No. 3 be Orders of the Day for Wednesday, 24 May 2000.

 

Postponement

of Business.

   9.

Ordered - That Order of the Day (Private Business) No. 4 be discharged.

 

Business

Discharged.

 

10.

Ordered - separately - That Orders of the Day (Private Business) No. 5 and No. 6 be Orders of the Day for Wednesday, 24 May 2000.

 

Postponement

of Business.

11.

On the Order of the Day being read for the adjourned debate the Hon. M. J. Elliott - That this Council requests the Social Development Committee investigate and report upon the issue of the impact of Attention Deficit Hyperactivity Disorder on South Australian individuals, families and the community, and in particular -

               I.      recent stimulant medication prescription practices and trends within South Australia;

             II.      appropriate diagnosis and treatment protocols;

            III.      the accessibility of the internationally recognised multi-modal treatment approach to South Australian families of young people with the disorder; and

            IV.      any other related matter:

Debate ensued.

On motion of the Hon. J.S.L. Dawkins, the debate was adjourned until Wednesday, 24 May 2000.

 

Attention Deficit Hyperactivity

Disorder -

Social Development Committee to investigate and

report upon -

Motion re.

12.

Ordered - separately - That Orders of the Day (Private Business) No. 8 to No. 16 be Orders of the Day for Wednesday, 24 May 2000.

 

Postponement

of Business.

13.

Ordered - That the adjourned debate on the motion of the Hon. L. H. Davis - That this Council commends the Federal, South Australian and Northern Territory Governments for their financial support of the Alice Springs-Darwin railway and recognises -

               I.      The jobs this project will create in regional South Australia; and

             II.      The long-term economic benefits to South Australia which will be generated by this new rail link - be now resumed.

                 Question put and passed.

 

Alice Springs-

Darwin

Railway -

Motion re.

14.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. M. J. Elliott - That this Council expresses concern over the pressure placed on school councils and school communities to enter Partnerships 21 rapidly without a chance to properly assess the impact on their schools in both the long and short term:

                 Question put and passed.

 

Partnerships 21 -Motion re.

15.

Ordered - That Order of the Day (Private Business) No. 19 be an Order of the Day for Wednesday, 24 May 2000.

 

Postponement

of Business.

16.

On the Order of the Day being read for the adjourned debate on the motion of the Hon.
N. Xenophon -

               I.      That Travel Reports of Members of Parliament be tabled in Parliament and be made available on the Parliamentary Internet site within 14 days of any such Reports being provided to the Presiding Officers as required under the Members of Parliament Travel Entitlement Rules.

             II.      That this Resolution be transmitted to the House of Assembly for its concurrence - be now resumed.

                 Which the Hon. L. H. Davis had moved to amend by leaving out in Paragraph I the words “That Travel Reports of Members of Parliament be tabled in Parliament and be made available” and inserting “That a synopsis of any overseas travel report of a Member of Parliament, including places visited and objectives of the travel, shall be prepared by the Member and published”:

                 Debate resumed.

                 Question - That the words proposed to be struck out by the Hon. L. H. Davis, stand part of the motion - put.

        Committee divided:

Travel Reports

of Members of Parliament  -

Motion re.

 

Ayes, 3

The Hon. M. J. Elliott

The Hon. I. Gilfillan

The Hon. N. Xenophon (Teller)

 

Noes, 13.

The Hon. J.S.L. Dawkins

The Hon. K. T. Griffin

The Hon. P. Holloway

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. C. A. Pickles

The Hon. A. J. Redford

The Hon. R. R. Roberts

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. G. Weatherill

The Hon. L. H. Davis (Teller)

 

 

So it passed in the negative.

                 Question - That the words proposed to be inserted by the Hon. L. H. Davis be so inserted - put and passed.

                 Question - That the motion moved by the Hon. N. Xenophon, and as amended by the Hon.
L. H. Davis, be agreed to - put and passed.

 

 

 

 

17.

Ordered - separately - That Orders of the Day (Private Business) No. 21 to No. 25 be Orders of the Day for Wednesday, 24 May 2000.

 

Postponement

of Business.

18.

The Minister for Transport and Urban Planning, according to order, moved - That the National Parks and Wildlife (Miscellaneous) Amendment Bill be now read a second time.

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

 

National Parks

and Wildlife (Miscellaneous) Amendment Bill.

 

19.

Ordered - That Orders of the Day (Government Business) No. 2 to No. 9 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

20.

Ordered - That Order of the Day (Government Business) No. 10 be postponed and taken into consideration on motion.

 

Postponement

of Business.

21.

Ordered - That Orders of the Day (Government Business) No. 11 to No. 14 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

22.

On the Order of the Day being read for the adjourned debate on the question - That the Road Traffic (Red Light Camera Offences) Amendment 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. 3 agreed to.

                          Title agreed to.

_____________________

 

Road Traffic

(Red Light

Camera Offences) Amendment Bill.

 

 

                 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 Minister for Transport and Urban Planning, 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.

 

 

23.

Ordered - separately - That Orders of the Day (Government Business) No. 16 and No. 17 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

24.

On the Order of the Day being read for the adjourned debate on the question - That the Mining (Royalty) Amendment 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. 2 agreed to.

                          Clause No. 3 read.

                 The Hon. S. M. Kanck moved on page 3, lines 14 and 15, to leave out “but must not exceed 2.5 per cent”.

                 Question - That the amendment be agreed to - put and negatived.

                 The Hon. S. M. Kanck moved on page 3, after line 29, to insert new paragraph as follows:

                         “(4c)  However, the Minister must not act under subsection (4b)(b) to reduce the rate of royalty payable in a particular case to take into account any processing carried out in relation to uranium.”

                 Question - That the amendment be agreed to - put.

Committee divided:

Mining (Royalty) Amendment

Bill.

 

Ayes, 4.

The Hon. M. J. Elliott

The Hon. I. Gilfillan

The Hon. N. Xenophon

The Hon. S. M. Kanck (Teller)

 

Noes, 15.

The Hon. T. Crothers

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. P. Holloway

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

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. C. Zollo

The Hon. K. T. Griffin (Teller)

 

 

So it passed in the negative.

                      Clause No. 3 otherwise amended and agreed to.

 

 

                          Clause No. 4 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 with amendments; 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.

 

 

25.

On the Order of the Day being read for the adjourned debate on the question - That the Health Professionals (Special Events Exemption) 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. 14 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 Minister for Transport and Urban Planning, 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.

 

Health

Professionals (Special Events Exemption)

Bill.

26.

Ordered - That Orders of the Day (Government Business) No. 20 and No. 21 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

27.

On the Order of the Day being read for the adjourned debate on the question - That the Children’s Protection (Mandatory Reporting and Reciprocal Arrangements) 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.

 

Children’s Protection (Mandatory Reporting and Reciprocal Arrangements) Amendment Bill.

 

28.

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

 

Postponement

of Business.

  29.

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

Message No. 52

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act for the appropriation of money from the Consolidated Account for the financial year ending on 30 June 2001, to which it desires the concurrence of the Legislative Council.

House of Assembly, 2 May 2000.                                                                       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:

Supply Bill.

30.

Council adjourned at three minutes to six o’clock until tomorrow at fifteen minutes past two o’clock.

 

Adjournment.

 

_________________________

 

 

 

 

 

Members present during any part of the sitting:

 

 

 

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