[SOUTH AUSTRALIA]

No. 45

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

THURSDAY  3  JULY  1997

 

 

 

   1.

Council met pursuant to adjournment.  The President (The Hon. H.P.K. Dunn) took the Chair.

                 The President read prayers.

 

Meeting of

Council.

   2.

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

                 By the Hon. S. M. Kanck from 4,680 residents of South Australia concerning certain issues raised in the Nurses Bill 1997 and praying that the Council will ensure that the legislation takes into account the issues raised in the interests of the public and nurses of South Australia.

 

Petition No. 15 -

Certain Issues

raised in the

Nurses Bill 1997.

 

   3.

The Minister for Education and Children’s Services (The Hon. R. I. Lucas) tabled a copy of a Ministerial Statement made by the Minister for Recreation and Sport (The Hon. E. S. Ashenden, M.P.) concerning the Appointment of the Chief Executive Officer of the Department of Recreation and Sport.

 

Paper

Tabled.

   4.

The Minister for Education and Children’s Services tabled a copy of a Ministerial Statement made by the Minister for Housing and Urban Development (The Hon. S. J. Baker, M.P.) concerning Telecommunications Facilities at Cobblers Creek.

 

Paper

Tabled.

   5.

The Attorney-General, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Second-hand Vehicle Dealers Act 1995.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Attorney-General 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.

 

Second-hand

Vehicle Dealers (Compensation Fund) Bill.

    6.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Retail Shop Leases Amendment Bill.

 

In the Committee

 

                          Clause No. 1 further considered and agreed to.

                          Clauses No. 2 and No. 3 agreed to.

                          Clause No. 4 struck out.

                          New clause No. 4 inserted.

                          Clause No. 5 agreed to.

Retail Shop

Leases

Amendment

Bill.

 

                          Clause No. 6 amended and agreed to.

                          Clause No. 7 amended and agreed to.

                          Clauses No. 8 and No. 9 agreed to.

                          Clause No. 10 read.

                 The Attorney-General moved to leave out the clause and insert new clause No. 10.

                 The Hon. M. J. Elliott moved to amend proposed new clause No. 10 by leaving out “entered into after the commencement of this division” in proposed new subsection 20C (1).

                 Question - That clause No. 10 stand as printed - put and negatived.

                 Question - That the amendment moved by the Hon. M. J. Elliott to new clause No. 10, as proposed to be inserted by the Attorney-General, be agreed to - put.

        Committee divided:

 

 

Ayes, 9.

The Hon. T. Crothers

The Hon. P. Holloway

The Hon. S. M. Kanck

The Hon. J.A.W. Levy

The Hon. P. Nocella

The Hon. C. A. Pickles

The Hon. T. G. Roberts

The Hon. G. Weatherill

The Hon. M. J. Elliott (Teller)

 

Noes, 8.

The Hon. L. H. Davis

The Hon. J. C. Irwin

The Hon. R. D. Lawson

The Hon. D. V. Laidlaw

The Hon. R. I. Lucas

The Hon. B.S.L. Pfitzner

The Hon. J. F. Stefani

The Hon. K. T. Griffin (Teller)

 

 

 

So it was resolved in the affirmative.

                 Question - That new clause No. 10, as proposed to be inserted by the Attorney-General and as amended by the Hon. M. J. Elliott, be so inserted - put and passed.

                          Clauses No. 11 to No. 15 agreed to.

                          New clause No. 15A inserted.

                          Clauses No. 16 and No. 17 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.

                 The Attorney-General moved - That the Bill be now read a third time.

                 Debate ensued.

                 Question - put and passed.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

 

   7.

Ordered - That Orders of the Day (Government Business) No. 2 to No. 4 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

   8.

Ordered - That Order of the Day (Government Business) No. 5 be postponed and taken into consideration on motion.

 

Postponement

of Business.

   9.

Ordered - That Order of the Day (Government Business) No. 6 be an Order of the Day for next day of sitting.

 

Postponement

of Business.

10.

Ordered - That Order of the Day (Government Business) No. 7 be postponed and taken into consideration on motion.

 

Postponement

of Business.

11.

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

                 Debate resumed.

                 On motion of the Hon. R. D. Lawson, the debate was adjourned and ordered to be resumed on motion.

 

Juries

(Miscellaneous)

Amendment

Bill.

12.

On the Order of the Day being read for the adjourned debate on the question - That the
Co-operatives Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. J. C. Irwin, the debate was adjourned and ordered to be resumed on motion.

 

Co-operatives

Bill.

13.

Ordered - That Orders of the Day (Government Business) No. 11 and No. 12 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

14.

Ordered - That Order of the Day (Government Business) No. 12 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 ASER (Restructure) Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. R. D. Lawson, the debate was adjourned and ordered to be resumed on motion.

 

ASER

(Restructure)

Bill.

16.

Ordered - That Orders of the Day (Government Business) No. 14 to No. 20 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

17.

Ordered - That the adjourned debate on the question - That the Juries (Miscellaneous) Amendment Bill be now read a second time - be now resumed.

                 Debate resumed.

                 On motion of the Hon. J. C. Irwin, the debate was adjourned until next day of sitting.

 

Juries (Miscellaneous) Amendment

Bill.

18.

Ordered - That the adjourned debate on the question - That the ASER (Restructure) Bill be now read a second time - be now resumed.

                 Debate resumed.

                 On motion of the Hon. R. D. Lawson, the debate was adjourned until next day of sitting.

 

ASER

(Restructure)

Bill.

19.

Ordered - That the adjourned debate on the question - That the Statutes Amendment (Attorney-General’s Portfolio) Bill be now read a second time - be now resumed.

                 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

 

                          Clause No. 1 read.

                 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.

 

Statutes

Amendment

(Attorney-

General’s

Portfolio) Bill.

20.

Ordered - That the adjourned debate on the question - That the Motor Vehicles (Farm Implements and Machines) Amendment Bill be now read a second time - be now resumed.

                 Debate resumed.

                 On motion of the Hon. P. Holloway, the debate was adjourned until next day of sitting.

 

Motor Vehicles (Farm

Implements

and Machines) Amendment

Bill.

 

21.

Ordered - That the adjourned debate on the question - That Co-operatives Bill be now read a second time - be now resumed.

                 Debate resumed.

                 On motion of the Hon. C. V. Schaefer, the debate was adjourned until next day of sitting.

 

Co-operatives

Bill.

22.

Ordered - That the adjourned debate on the question - That the Electoral (Computer Vote Counting) Amendment Bill be now read a second time - be now resumed.

                 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.

                          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 Education and Children’s Services, 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.

 

Electoral

(Computer

Vote Counting) Amendment

Bill.

23.

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

Message No. 112

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Industrial and Employee Relations Act 1994, to which it desires the concurrence of the Legislative Council.

House of Assembly, 2 July 1997.                                                                          G. M. GUNN Speaker.

                 Bill read a first time.

                 The Minister for Education and Children’s Services then moved - That this Bill be now read a second time.

                 On motion of the Hon. P. Holloway, the debate was adjourned until next day of sitting.

 

Messages from

House of

Assembly:

Industrial and Employee

Relations (Harmonisation) Amendment Bill.

 

 

Message No. 113

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to provide for the transfer to National Australia Bank Limited of certain assets and liabilities of Bank of New Zealand and for related purposes, to which it desires the concurrence of the Legislative Council.

House of Assembly, 3 July 1997.                                                                          G. M. GUNN Speaker.

                 Bill read a first time.

                 The Minister for Education and Children’s Services then moved - That this Bill be now read a second time.

                 On motion of the Hon. P. Holloway, the debate was adjourned until next day of sitting.

 

Bank Merger (National/BNZ)

Bill.

 

 

Message No. 114

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to facilitate the merger of banks; and for other purposes, to which it desires the concurrence of the Legislative Council.

House of Assembly, 3 July 1997.                                                                          G. M. GUNN Speaker.

                 Bill read a first time.

                 The Minister for Education and Children’s Services then moved - That this Bill be now read a second time.

                 On motion of the Hon. P. Holloway, the debate was adjourned until next day of sitting.

 

Bank Mergers

(South Australia)

Bill

 

 

Message No. 115

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Stamp Duties Act 1923, to which it desires the concurrence of the Legislative Council.

House of Assembly, 3 July 1997.                                                                          G. M. GUNN Speaker.

                 Bill read a first time.

                 The Minister for Education and Children’s Services then moved - That this Bill be now read a second time.

                 On motion of the Hon. P. Holloway, the debate was adjourned until next day of sitting.

 

Stamp Duties

(Rates of Duty)

Amendment

Bill.

24.

Council adjourned at sixteen 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. Crothers

The Hon. L. H. Davis

The Hon. M. J. Elliott

The Hon. K. T. Griffin

The Hon. P. Holloway

The Hon. J. C. Irwin

The Hon. S. M. Kanck

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. J.A.W. Levy

The Hon. R. I. Lucas

The Hon. P. Nocella

The Hon. B.S.L. Pfitzner

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