SOUTH AUSTRALIA]

No. 35

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

THURSDAY  3  MAY  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.

The Clerk announced that the following Petitions had been lodged for presentation:

                 By the Hon. C. Zollo from 18 residents of South Australia and by the Hon. C. V. Schaefer from 44 residents of South Australia, concerning Prostitution.  The Petitioners pray that this Honourable House will strengthen the present law and ban all prostitution related advertising to enable police to suppress prostitution trade more effectively.

Petitions -
Nos. 54 and 55 -
Prostitution.

 

 

                 By the Hon. S. M. Kanck from 399 residents of South Australia concerning the transport needs of residents of the Adelaide Hills.  The Petitioners pray that this Honourable House will call on the Member for Kavel and the Minister for Transport to urgently address the needs of people living in the Adelaide Hills and provide them with new weekend bus services or taxi transfers from existing weekend services.

No. 56 - Transport
Needs of Residents
of the Adelaide
Hills.

 

 

                 By the Hon. S. M. Kanck from 378 residents of South Australia, concerning bus services to many areas of the Adelaide Hills.  The Petitioners pray that this Honourable House will extend the metropolitan bus fare structure to cover the Adelaide Hills, including Mount Barker, Nairne, Mylor, Echunga, Meadows and Macclesfield and do all in its power to increase public transport services to towns in the Adelaide Hills and urgently extend the Nightmoves bus service beyond Aldgate.

No. 57 - Bus Services
to many Areas of
the Adelaide Hills.

.

 

                 By the Hon. S. M. Kanck from 29 residents of South Australia concerning labelling of genetically modified foods. The Petitioners pray that this Honourable House will -

1.          Legislate to require labelling of all foods with any genetically modified components;

2.          Legislate to require adequate segregation of genetically modified crops; and

3.          Urge the Commonwealth to prevent the introduction of any further genetically modified foods into Australia until and unless the Commonwealth establishes an independent monitoring and testing regime.

No. 58 - Labelling
of Genetically
Modified Foods.

 

 

                 By the Hon. S. M. Kanck from 23 residents of South Australia concerning the transport and storage of radioactive waste in South Australia.  The Petitioners pray that this Honourable House will do all in its power to ensure that South Australia does not become the dumping ground for Australia’s or the world’s nuclear waste.

No. 59 - Transport
and Storage of
Radioactive Waste
in South Australia.

 

 

                 By the Hon. I. Gilfillan from 21 residents of South Australia concerning the City of Adelaide (Adelaide Parklands) Amendment Bill 2000.  The Petitioners pray that this Honourable House will protect the parklands by stopping the erection of buildings and other structures on the parklands by rejecting the City of Adelaide (Adelaide Parklands) Amendment Bill 2000.

 

No. 60 - City of
Adelaide
(Adelaide Parklands)
Amendment Bill.

 

   3.

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

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

                 Food Act Report, 1999-2000.

                 South Australian Council on Reproductive Technology Report, 2000.

 

Papers.

   4.

The Minister for Disability Services (The Hon. R. D. Lawson), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Workers Rehabilitation and Compensation Act 1986.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Minister for Disability Services 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 day of sitting.

 

Workers
Rehabilitation and
Compensation
(Directions Officers)
Amendment Bill.

 

   5.

Ordered - That Orders of the Day (Government Business) No. 1 and No. 2 be Orders of the Day for Thursday, 17 May 2001.

 

Postponement
of Business.

   6.

Ordered - That Order of the Day (Government Business) No. 3 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

   7.

Ordered - That Order of the Day (Government Business) No. 4 be an Order of the Day for Thursday, 17 May 2001.

 

Postponement
of Business.

   8.

Ordered - That Order of the Day (Government Business) No. 5 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

   9.

On the Order of the Day being read for the adjourned debate on the question - That the Equal Opportunity (Miscellaneous) 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.

 

Equal Opportunity
(Miscellaneous)
Amendment Bill.

10.

Ordered - That Orders of the Day (Government Business) No. 7 and No. 8 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

11.

Ordered - That Order of the Day (Government Business) No. 9 be postponed and taken into consideration on motion.

 

Postponement
of Business.

12.

Ordered - That Orders of the Day (Government Business) No. 10 to No. 12 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

13.

The Minister for Transport and Urban Planning (The Hon. D. V. Laidlaw), pursuant to notice, moved - That she have leave to introduce a Bill for an Act to amend the protection of Marine Waters (Prevention of Pollution from Ships) Act 1987.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Minister for Transport and Urban Planning then moved - That this Bill be now read a second time.

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

 

Protection of
Marine Waters
(Prevention of
Pollution from Ships)
(Miscellaneous)
Amendment Bill.

14.

Ordered - That Order of the Day (Private Business) No. 1 be an Order of the Day for Wednesday, 16 May 2001.

 

Postponement
of Business.

15.

Ordered - That Order of the Day (Private Business) No. 2 be postponed and taken into consideration on motion.

 

Postponement
of Business.

16.

Ordered - That Orders of the Day (Private Business) No. 3 and No. 4 be Orders of the Day for Wednesday, 16 May 2001.

 

Postponement
of Business.

17.

On the Order of the Day being read for the adjourned debate on the motion of the Hon.
A. J. Redford - That the Report of the Legislative Review Committee concerning the Allocation of Recreational Rock Lobster Pots, be noted:

                 Debate resumed.

                 On motion of the Hon. P. Holloway, the debate was adjourned until Wednesday, 16 May 2001.

 

Legislative Review
Committee -
Report on the
Allocation of
Recreational Rock
Lobster Pots
to be noted -
Motion re.

 

18.

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

              I.      That a Select Committee be established to inquire into and make recommendations on the role and adequacy of Government-funded national broadcasting and to examine the impact of these broadcasters on the South Australian economy and community, and in particular to examine -

                       (a)     The current and long-term distribution of Government-funded national broadcasting resources and the effect of this distribution on South Australia;

                       (b)     The effects on industry, including broadcasting, film and video production and multimedia;

                       (c)     The effects on the arts and cultural life in South Australia, including whether Government-funded national broadcasters adequately service South Australia;

                       (d)     Whether Government-funded national broadcasters adequately service South Australia in respect of South Australian current affairs coverage;

                       (e)     The programming mix available from Government-funded national broadcasters and how programming decisions are made and whether the programming which is delivered is geographically balanced.

             II.      That Standing Order No. 389 be 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 Committee prior to such evidence being reported to the Council.

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

                 Debate resumed.

                 The Minister for Transport and Urban Planning moved to amend the motion by leaving out all words after “That” in line 1 and inserting the following:

                       “this Council registers its concern with the Commonwealth Government and national broadcasters regarding the role and adequacy of Government-funded national broadcasting and the related allocation of resources on the South Australian economy and community and, in particular, the effect of the distribution of resources on -

                       (a)     the broadcasting, film and video production and multi media industries;

                       (b)     the arts and cultural life in South Australia;

                       (c)     our rural communities in terms of service delivery and jobs; and

                       (d)     current affairs coverage generally.

             II.      That this Council seeks confirmation from the Commonwealth Government regarding the programming mix from Government-funded national broadcasters, including how programming decisions are made and whether the programming which is delivered is geographically balanced.

            III.      That this motion be forwarded to the Commonwealth Minister for Communications, Information Technology and the Arts’ attention, and the Prime Minister and all South Australian Members of the Commonwealth Parliament, for information.”

                 On motion of the Hon. I. Gilfillan, the debate was adjourned until Wednesday, 16 May 2001.

 

Role and Adequacy
of Government-
funded National
Broadcasting -
Appointment of
Select Committee -
Motion re.

 

19.

Ordered - separately - That Orders of the Day (Private Business) No. 7 and No. 8 be Orders of the Day for Wednesday, 16 May 2001.

 

Postponement
of Business.

20.

On the Order of the Day being read for the adjourned debate on the motion of the Treasurer - That the Report of the Auditor-General, 1999-2000, be noted:

                 Debate resumed.

                 On motion of the Hon. T. Crothers, the debate was adjourned until Wednesday, 16 May 2001.

 

Report of the
Auditor-General,
1999-2000 
be noted -
Motion re.

21.

Ordered - separately - That Orders of the Day (Private Business) No. 10 and No. 11 be Orders of the Day for Wednesday, 16 May 2001.

 

Postponement
of Business.

22.

Ordered - That Order of the Day (Government Business) No. 9 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

23.

Ordered - That Order of the Day (Private Business) No. 2 be an Order of the Day for Wednesday, 16 May 2001.

 

Postponement
of Business.

  24.

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

Message No. 61

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Harbors and Navigation Act 1993, the Motor Vehicles Act 1959 and the Road Traffic Act 1961, with the amendments indicated by the annexed Schedule, to which amendments the House of Assembly desires the concurrence of the Legislative Council.

House of Assembly, 2 May 2001.                                                                       J.K.G. OSWALD, Speaker.

 

Messages from
House of
Assembly:
Statutes
Amendment (Transport
Portfolio) Bill.

 

 

 

Schedule of the amendments made by the House of Assembly

No. 1.         New clause, page 5, after line 11—Insert new clause as follows:

                      Amendment of s. 81A—Provisional licences

                          10A. Section 81A of the principal Act is amended by striking out from subsection (1)(c) (as substituted by section 50(b) of the Motor Vehicles (Miscellaneous) Amendment Act 1999) "committing an offence" and substituting "an offence committed or allegedly committed".

No. 2.         New clause, page 5, after line 11—Insert new clause as follows:

                      Amendment of s. 81B—Consequences of holder of learner's permit, provisional licence or probationary licence contravening conditions, etc.

                          10B. Section 81B of the principal Act is amended—

                    (a)    by striking out paragraph (b) of subsection (2) and substituting the following paragraphs:

                                 (ab)   a person expiates an offence of contravening a prescribed condition allegedly committed while the holder of a learner's permit, probationary licence or provisional licence; or

                                 (b)      demerit points are incurred by a person and, in consequence, the total number of demerit points recorded against the person in respect of offences committed or allegedly committed while the holder of a learner's permit or a provisional licence equals or exceeds four,;

                    (b)    by inserting in subsection (4) "or allegedly committed" after "committed";

                    (c)    by inserting in subsection (9)(b) (as substituted by section 52(e) of the Motor Vehicles (Miscellaneous) Amendment Act 1999) "or allegedly committed" after "committed" wherever it occurs.

No. 3.         New clause, page 5, after line 11—Insert new clause as follows:

                      Insertion of s. 98AB

                          10C. The following section is inserted in Part 3B of the principal Act before section 98B:

                          Interpretation

                        98AB. (1) In this Part, a reference to an offence committed by a person includes a reference to an offence allegedly committed by a person that the person has expiated.

                        (2) In this Part—

"expiate" includes pay the amount payable in connection with an infringement notice or penalty notice issued under a law of another State or Territory of the Commonwealth in respect of an alleged offence.

No. 4.         New clause, page 5, after line 21—Insert new clause as follows:

                      Amendment of s. 33—Road closing and exemptions for road events

                          12A. Section 33 of the principal Act is amended by striking out from subsection (3) "advertise a copy of the order in two newspapers, one being a newspaper circulating generally in the State" and substituting "cause the order to be advertised in the prescribed manner".

 

 

 

No. 5.         New clause, page 7, after line 28—Insert new clause as follows:

                      Amendment of s. 160—Defect notices

                          19A. Section 160 of the principal Act (as amended by section 96 of the Motor Vehicles (Miscellaneous) Amendment Act 1999) is amended—

                    (a)    by striking out from subsection (4a) "motor";

                    (b)    by striking out from subsection (4b) "motor";

                    (c)    by striking out from subsection (4c)(c) "motor";

                    (d)    by striking out from subsection (5) "motor";

                    (e)    by striking out from subsection (5a) "motor";

                    (f)     by striking out from subsection (5b) "motor";

                    (g)    by striking out from subsection (5c)(c) "motor";

                    (h)    by striking out subparagraph (ii) of subsection (5c)(g) and substituting the following subparagraph:

                                    (ii)     a certificate (a "clearance certificate") has been issued by a member of the police force, an inspector or a vehicle registration authority certifying that the repairs required by the notice have been made; and

                    (i)     by striking out from subsection (5d) "motor";

                    (j)     by striking out from subsection (5f) "motor";

                    (k)    by striking out from subsection (5g) "motor";

                    (l)     by striking out from subsection (7)(a)(ii) "motor";

                    (m)   by inserting after subsection (14) the following subsection:

                                        (15) Where a copy of a defect notice or clearance certificate is required to be sent to the Registrar of Motor Vehicles, the notice or certificate may be sent in electronic form.

G. D. MITCHELL, Clerk of the House of Assembly.

 

 

                 The President then left the Chair, and the Council resolved itself into a Committee of the whole for the consideration of the Message.

 

In the Committee

 

                          Resolved - That the amendments be agreed to.

_____________________

 

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

 

 

 

Message No. 62

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Constitution Act 1934, to which it desires the concurrence of the Legislative Council.

House of Assembly, 3 May 2001.                                                                       J.K.G. OSWALD, Speaker.         Bill read a first time.

                 Ordered - That the second reading be an Order of the Day for Wednesday, 16 May 2001.

 

Constitution
(Parliamentary
Terms)
Amendment Bill.

 

25.

Ordered - That the Council, at its rising, do adjourn until Tuesday, 15 May 2001, at fifteen minutes past two o’clock.

 

Next Day
of Sitting.

  26.

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

Message No. 63

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Gaming Machines Act 1992, to which it desires the concurrence of the Legislative Council.

House of Assembly, 3 May 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:
Gaming Machines (Cap on Gaming Machines)
Amendment Bill.

 

27.

The Minister for Transport and Urban Planning, by leave, tabled a copy of a Ministerial Statement made by the Minister for Aboriginal Affairs (The Hon. D. C. Kotz, M.P.) concerning the Operation of the State Reconciliation Council.

 

Paper Tabled.

 

  28.

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

Message No. 64

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Listening Devices Act 1972; and to make a related amendment to the Director of Public Prosecutions Act 1991, without any amendment. 

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

 

 

 

Message from
House of
Assembly:
Listening Devices (Miscellaneous) Amendment Bill.

 

 

29.

Council adjourned at six minutes to six o’clock until Tuesday, 15 May 2001, 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