[SOUTH AUSTRALIA]

No. 37

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

THURSDAY  3  JUNE  1999

 

 

 

   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), without notice, moved - That the Standing Orders be so far suspended as to enable Petitions, the Tabling of Papers and Question Time to be taken into consideration at fifteen minutes past two o’clock.

                 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.

   3.

The Attorney-General (The Hon. K. T. Griffin), by leave, without notice, moved - That the sitting of the Council be not suspended during the continuation of the Conference on the Listening Devices (Miscellaneous) Amendment Bill.

                 Question put and passed.

 

Listening Devices (Miscellaneous) Amendment Bill.

   4.

Ordered - That Orders of the Day (Government Business) No. 1 and No. 2 be postponed and taken into consideration after Order of the Day (Government Business) No. 3.

 

Postponement

of Business.

    5.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Electricity Corporations (Restructuring and Disposal) Bill.

 

In the Committee

 

                          Postponed clause No. 2 which the Treasure had moved to amend on page 1, lines 17 and 18, by leaving out the clause and inserting new clause as follows:

                          “Commencement

                                       2.  (1)  This Act (other than section 11A and Parts 2, 3 and 4 of Schedule 1B) will come into operation on a day to be fixed by proclamation.

                                       (2)  Section 11A comes into operation on the day on which this Act is assented to by the Governor.

                                       (3)  Parts 2, 3 and 4 of Schedule 1B will come into operation in accordance with provisions contained in that Schedule.” - further considered.

                  The Hon. S. M. Kanck moved on page 1, lines 17 and 18, to leave out the clause and insert new clause as follows:

Electricity Corporations (Restructuring

and Disposal)

Bill.

 

 

                          “Commencement

                                       2.  (1)  Section 1 and this section come into operation on the day on which this Act is assented to by the Governor.

                                       (2)  The remainder of this Act will come into operation on a day to be fixed by proclamation.

                                       (3) A proclamation cannot be made to bring a provision of this Act into operation unless a majority of electors for the House of Assembly voting at a referendum approves the following proposition:

                                 That the Government of South Australia be at liberty to dispose of public electricity infrastructure, whether by sale, the granting of leases or otherwise.

                                       (4) The Governor may, by proclamation, appoint a day for the holding of such a referendum

                                       (5) The Electoral Commissioner will be responsible for the conduct of such a referendum.

                                       (6) The Electoral Act 1985 will apply to such a referendum with adaptations, exclusions and modifications prescribed by regulations under this section as if the referendum were a general election of members of the House of Assembly.

                                       (7) The Electoral Commissioner must, not later than 14 days before the day appointed for the holding of such a referendum, post to each elector eligible to vote at the referendum a pamphlet containing—

(a)    the argument in favour of the proposition, consisting of not more than 2 000 words, prepared by the Premier; and

(b)    the argument against the proposition, consisting of not more than 2 000 words, prepared by the Leader of the Opposition in the House of Assembly after consultation with the Leader of the Australian Democrats in the Legislative Council.

                                       (8) The Electoral Commissioner may reject a written argument prepared for or against the proposition if, in the Commissioner’s opinion, the argument contains scandalous or defamatory material.

                                       (9) The Electoral Commissioner may, as the Electoral Commissioner considers appropriate, prepare, print and distribute information contained in the pamphlets posted to electors in other languages or in a form suitable for the visually impaired.

                                       (10) The State must not expend money in respect of the presentation of the argument in favour of, or the argument against, the proposition except for the purposes of the performance of the functions of the Electoral Commissioner under this section.

                                       (11) When the result of such a referendum is known, the Electoral Commissioner must declare the result by notice in the Gazette.

                                       (12)  The Governor may make regulations for the purposes of this section.”

                          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 motion.

 

 

   6.

At five minutes past one o’clock the sitting was suspended until the ringing of the bells.

                 At fifteen minutes past two o’clock the sitting was resumed.

 

Suspension and

Resumption of

Sitting.

 

   7.

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

                 By the Hon. R. R. Roberts, from 24 residents of South Australia concerning Native Title Rights for Indigenous South Australians and praying that the Council does not proceed with legislation that -

1.       Undermines or impairs the Native Title rights of indigenous South Australians; and

2.       Makes changes to Native Title unless there has been a genuine consultation process with all stakeholders, especially South Australia’s indigenous communities.

 

Petition:

No. 12 -

Native Title Rights for Indigenous

South Australians.

    8.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Electricity Corporations (Restructuring and Disposal) Bill.

 

In the Committee

 

                          Postponed clause No. 2 which the Treasurer had moved to amend on page 1, lines 17 and 18, by leaving out the clause and inserting new clause as follows:

                          “Commencement

                                       2.  (1)  This Act (other than section 11A and Parts 2, 3 and 4 of Schedule 1B) will come into operation on a day to be fixed by proclamation.

                                       (2)  Section 11A comes into operation on the day on which this Act is assented to by the Governor.

                                       (3)  Parts 2, 3 and 4 of Schedule 1B will come into operation in accordance with provisions contained in that Schedule.”

                 And which the Hon. S. M. Kanck had moved to amend on page 1, lines 17 and 18, by leaving out the clause and inserting new clause as follows:

                          “Commencement

                                       2.  (1)  Section 1 and this section come into operation on the day on which this Act is assented to by the Governor.

                                       (2)  The remainder of this Act will come into operation on a day to be fixed by proclamation.

                                       (3) A proclamation cannot be made to bring a provision of this Act into operation unless a majority of electors for the House of Assembly voting at a referendum approves the following proposition:

                                 That the Government of South Australia be at liberty to dispose of public electricity infrastructure, whether by sale, the granting of leases or otherwise.

                                       (4) The Governor may, by proclamation, appoint a day for the holding of such a referendum

                                       (5) The Electoral Commissioner will be responsible for the conduct of such a referendum

                                       (6) The Electoral Act 1985 will apply to such a referendum with adaptations, exclusions and modifications prescribed by regulations under this section as if the referendum were a general election of members of the House of Assembly.

                                       (7) The Electoral Commissioner must, not later than 14 days before the day appointed for the holding of such a referendum, post to each elector eligible to vote at the referendum a pamphlet containing—

(a)    the argument in favour of the proposition, consisting of not more than 2 000 words, prepared by the Premier; and

(b)    the argument against the proposition, consisting of not more than 2 000 words, prepared by the Leader of the Opposition in the House of Assembly after consultation with the Leader of the Australian Democrats in the Legislative Council.

                                       (8) The Electoral Commissioner may reject a written argument prepared for or against the proposition if, in the Commissioner's opinion, the argument contains scandalous or defamatory material.

                                       (9) The Electoral Commissioner may, as the Electoral Commissioner considers appropriate, prepare, print and distribute information contained in the pamphlets posted to electors in other languages or in a form suitable for the visually impaired.

                                       (10) The State must not expend money in respect of the presentation of the argument in favour of, or the argument against, the proposition except for the purposes of the performance of the functions of the Electoral Commissioner under this section.

                                       (11) When the result of such a referendum is known, the Electoral Commissioner must declare the result by notice in the Gazette.

                          (12) The Governor may make regulations for the purposes of this section.” -
         further considered.

                 Question - That clause No. 2, as proposed to be struck out by the Treasurer and the Hon. S. M. Kanck, stand as printed - put and negatived.

                 Clause No. 2 struck out.

                 Question - That new clause No. 2 as proposed to be inserted by the Treasurer, be so inserted - put.

Electricity Corporations (Restructuring

and Disposal)

Bill.

 

 

           Committee divided:

 

 

Ayes, 11.

The Hon. T. G. Cameron

The Hon. T. Crothers

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. K. T. Griffin

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. A. J. Redford

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. R. I. Lucas (Teller)

Noes, 10

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. T. G. Roberts

The Hon. G. Weatherill

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

 

        So it was resolved in the affirmative.

                          New clause No. 2 inserted.

 

                          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.

The following Messages from the House of Assembly were received and read:

Message No. 65

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Tobacco Products Regulation Act 1997, to which it desires the concurrence of the Legislative Council.

House of Assembly, 3 June 1999.                                                                     J.K.G. OSWALD, Speaker.

                 Bill read a first time.

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

 

Messages from

House of Assembly:

Tobacco Products Regulation (Sale of Products Designed for Smoking) Amendment Bill.

 

 

Message No. 66

                 MR. PRESIDENT - The House of Assembly requests that the Legislative Council give permission to the Treasurer (The Hon. R. I. Lucas), the Attorney-General (The Hon.
K. T. Griffin), the Minister for Transport and Urban Planning (The Hon. D. V. Laidlaw) and the Minister for Disability Services (The Hon. R. D. Lawson), Members of the Legislative Council, to attend and give evidence before the Estimates Committees of the House of Assembly on the Appropriation Bill.

House of Assembly, 3 June 1999.                                                                     J.K.G. OSWALD, Speaker.

                 Ordered - That the Message be taken into consideration forthwith.

                 The Treasurer moved - That the Treasurer, the Attorney-General, the Minister for Transport and Urban Planning and the Minister for Disability Services have leave to attend and give evidence before the Estimates Committees of the House of Assembly on the Appropriation Bill, if they think fit.

                 Question put and passed.

 

Estimates Committees - Ministers to

Attend.

 

Message No. 67

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled a Bill for an Act to facilitate the transfer to the Commonwealth of responsibility for regulating building societies, credit unions and friendly societies as companies under the Corporations Law; to repeal the Financial Institutions (Application of Laws) Act 1992 and the Friendly Societies (South Australia) Act 1997; to amend the South Australian Office of Financial Supervision Act 1992 and provide for the winding up of SAOFS and the expiry of the Act; to amend the Acts Interpretation Act 1915 and certain other Acts; to provide for transitional matters; and for other purposes, 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, 1 June 1999.                                                                     J.K.G. OSWALD Speaker.

 

Financial Sector Reform (South Australia)

Bill.

 

 

Schedule of the amendments made by the House of Assembly.

No. 1.       Page 9 - After line 1 insert new clause 21 as follows:-

                 “Supervision Fund

          21.  (1)  Despite the repeal of the Financial Institutions (Application of Laws) Act 1992, the Supervision Fund continues in existence until SAOFS has fulfilled its obligations under this section.

          (2)  SAOFS must pay out of the Supervision Fund at such time or times as SAOFS determines -

(a)    to APRA -

 (i)     such amount in respect of liabilities relating to leave or other entitlements of employees of SAOFS who become employees of APRA, being liabilities existing immediately before the date on which the relevant employees become employees of APRA, as is determined by SAOFS; and

(ii)     such amount in respect of any other liabilities of SAOFS that, by reason of this Act, become liabilities of APRA, as is determined by SAOFS; and

(b)    to ASIC -

(i)      such amount in respect of liabilities relating to leave or other entitlements of employees of SAOFS who become employees of ASIC, being liabilities existing immediately before the date on which the relevant employees become employees of ASIC, as is determined by SAOFS; and

(ii)     such amount in respect of any other liabilities of SAOFS that, by reason of this Act, become liabilities of ASIC, as is determined by SAOFS.

          (3)  SAOFS must also pay out of the Supervision Fund -

(a)    any expenses incurred by SAOFS before the transfer date (see
section 94(3) of the repealed Financial Institutions Code); and

(b)    any other expenses incurred by SAOFS before it is wound up after Part 5 of the South Australian Office of Financial Supervision Act 1992.

          (4)  SAOFS must pay into the Supervision Fund all amounts that would be payable into the Fund were it not for the repeal of the Financial Institutions (Application of Laws) Act 1992. 1

          (5)  The amount remaining (if any) in the Supervision Fund after compliance with subsections (2) and (3) must be distributed by SAOFS to each building society, credit union and friendly society that is a transferring financial institution under the Corporations Law, in such proportions as the Minister considers fair.

 

1    Proceeds from the realisation of surplus SAOFS assets are also to be paid into the Supervision Fund: see Part 5 of the South Australian Office of Financial Supervision Act 1992.

 

No. 2.       Page 22 - After line 10 insert new clause 38 as follows:-

                 “Exemption from State taxes

          38.  (1)  No stamp duty or other duty or tax is chargeable under any Act in respect of anything effected by or done under a transfer agreement given effect to by this Act.

          (2)  No obligation arises under an Act for the assessment or imposition of any such duty or tax -

(a)    to lodge a statement or return relating to the vesting of an asset under such a transfer agreement; or

(b)    to include information about such vesting in a statement or return.”

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

                 Ordered - That the Message be taken into consideration forthwith.

                 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. 68

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled a Bill for an Act to provide for transfers of business between authorised
deposit-taking institutions and between life insurance companies; and for other purposes, with the amendment indicated by the annexed Schedule, to which amendment the House of Assembly desires the concurrence of the Legislative Council.

House of Assembly, 1 June 1999.                                                                     J.K.G. OSWALD Speaker.

 

Financial Sector (Transfer of Business) Bill.

 

Schedule of the amendment made by the House of Assembly.

Page 3 - After line 30 insert new clause 8 as follows:-

                “State duties and taxes

                          8.  (1)  No stamp duty or other duty or tax is chargeable under any Act in respect of anything effected by or done under this Act.

                          (2)  No obligation arises under an Act for the assessment or imposition of any such duty or tax -

                         (a)    to lodge a statement or return relating to the transfer of an asset under this Act; or

                         (b)    to include information about such a transfer in a statement or return.

                          (3)  However, a receiving body in a voluntary transfer of business must pay to the Treasurer an amount determined by the Treasurer on the basis of an estimate of the duties and taxes that would, but for this section, be payable under the law of this State in respect of the relevant transfer of assets.

                          (4)  The Treasurer must give the receiving body written notice of the determination.

                          (5) The amount must be paid as required by the Treasurer in the notice of determination.

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

 

 

                 Ordered - That the Message be taken into consideration forthwith.

                 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 amendment be agreed to.

_____________________

 

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

 

 

10.

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

 

Postponement

of Business.

11.

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

 

Next Day

of Sitting.

12.

Ordered - That Order of the Day (Private Business) No. 1 be an Order of the Day for Wednesday next.

 

Postponement

of Business.

13.

Council adjourned at nineteen minutes past six o’clock until Tuesday next 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. J. F. Stefani

The Hon. G. Weatherill

The Hon. N. Xenophon

The Hon. C. Zollo