SOUTH AUSTRALIA]

No. 45

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY  3  JULY  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. 12.

                 The Governor informs the Legislative Council that, in the name and on behalf of Her Majesty The Queen, the following Acts have been assented to during the present Session, viz.:

                 No. 19 of 2001 - An Act relating to administrative actions taken by Commonwealth authorities or officers of the Commonwealth under certain State laws relating to corporations.

                 No. 20 of 2001 - An Act to enact ancillary provisions, including transitional provisions, relating to the enactment by the Parliament of the Commonwealth of new corporations legislation and new ASIC legislation under its legislative powers, including powers with respect to matters referred to that Parliament for the purposes of section 51(xxxvii) of the Constitution of the Commonwealth.

                 No. 21 of 2001 - An Act to refer certain matters relating to corporations and financial products and services to the Parliament of the Commonwealth for the purposes of section 51(xxxvii) of the Constitution of the Commonwealth.

                 No. 22 of 2001 - An Act to amend the Real Property Act 1886.

                 No. 23 of 2001 - An Act to amend the Administration and Probate Act 1919, the Architects Act 1939, the ASER (Restructure) Act 1997, the Associations Incorporation Act 1985, the Bank Mergers (South Australia) Act 1997, the Business Names Act 1996, the Chiropodists Act 1950, the Community Titles Act 1996, the Co-operatives Act 1997, the Corporations (Commonwealth Powers) Act 2001, the Crown Lands Act 1929, the Debits Tax Act 1994, the Emergency Services Funding Act 1998, the Financial Sector Reform (South Australia) Act 1999, the Gas Pipelines Access (South Australia) Act 1997, the Ground Water (Qualco-Sunlands) Control Act 2000, the Institute of Medical and Veterinary Science Act 1982, the Irrigation Act 1994, the Lottery and Gaming Act 1936, the Mining Act 1971, the Motor Accident Commission Act 1992, the National Electricity (South Australia) Act 1996, the Partnership Act 1891, the Pay-roll Tax Act 1971, the Petroleum Products Regulation Act 1995, the Public Finance and Audit Act 1987, the South Australian Co-operative and Community Housing Act 1991, the Stamp Duties Act 1923, the Tobacco Products Regulation Act 1997 and the Trustee Companies Act 1988.

 

Message from
Governor:
Assent to Bills.

 

                 No. 24 of 2001 - An Act to protect the health and safety of the public by providing for the registration of dental practitioners and dental students; to regulate the provision of dental treatment for the purpose of maintaining high standards of competence and conduct by persons registered under this Act; to repeal the Dentists Act 1984; and for other purposes.

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

 

 

   3.

The Treasurer (The Hon. R. I. Lucas), by leave, moved - That the Legislative Council expresses its deep regret at the death of Mr. A. R. Burdon, former Member for Mount Gambier of the House of Assembly, and places on record its appreciation of his distinguished public service.

                 And being supported by the Hon. T. G. Roberts and the Hon. T. Crothers:

                 Motion carried in silence, Members standing in their places.

Death of
Mr. A. R. Burdon.

 

 

                 The Treasurer, by leave, moved - That the Legislative Council expresses its deep regret at the death of Mr. G. Whitten, former Member for Price of the House of Assembly, and places on record its appreciation of his distinguished public service.

                 And being supported by the Hon. C. A. Pickles, T. G. Roberts, Hon. T. Crothers, the Minister for Transport and Urban Planning and the Hon. P. Holloway:

                 Motion carried in silence, Members standing in their places.

 

Death of
Mr. G. Whitten.

   4.

The Treasurer, by leave, moved - That as a mark of respect to their memories, the sitting of the Council be suspended until the ringing of the bells.

                 Question put and passed.

                 At seven minutes past three o’clock the sitting was suspended until the ringing of the bells.

                 At twenty minutes past three o’clock the sitting was resumed.

 

Suspension and
Resumption of
Sitting.

   5.

Answers to Questions on Notice Nos. 46 and 74 received this day were tabled by the President who directed that they be distributed and printed in Hansard.

 

Answers to
Questions on
Notice.

 

    6.

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

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

                 Vocational Education, Employment and Training Board - Report, 2000.

                 Regulations under the following Acts -

                          Fees Regulation Act 1927 - Water, Sewerage Fees.

                          Public Corporations Act 1993 - Bio Innovation SA.

                          Public Finance and Audit Act 1987 - TABCO.

                          Superannuation Act 1988 - Revised.

                          Water Resources Act 1997 - Murray Plan Extension.

                 RESI Corporation Charter.

        By the Attorney-General (The Hon. K. T. Griffin) -

                 Regulations under the following Acts -

                          Associations Incorporation Act 1985 - Law Modifications.

                          Co-operatives Act 1997 - Corporations Law.

                          Corporations (Ancillary Provisions) Act 2001 - Reference.

                          Fisheries Act 1982 -

                                   Abalone Fees.

                                   Blue Crab Fees.

                                   Daily Limits.

                                   Fish Processor Deliveries.

                                   General Fees.

                                   Lakes and Coorong Fees.

                                   Marine Scalefish Fees.

                                   Miscellaneous Fees.

                                   Prawn Fees.

                                   River Fishery Fees.

                                   Rock Lobster Fees.

                          Gas Act 1997 - Codes.

                          Legal Practitioners Act 1981 - Commonwealth Act.

                          Occupational Health, Safety and Welfare Act 1986 - Amusement Structures.

                          Primary Industry Funding Scheme 1998 -

                                   Langhorne Creek Wine.

                                   Riverland Wine.

 

Papers.

 

                          Real Property Act 1886 - Stamp Duties.

                          Sewerage Act 1929 - Connection, Other Charges.

                          Trustee Act 1936 - Inspectors.

                          Waterworks Act 1932 - Charges.

                 Rules of Court -

                          District Court - District Court Act - Custody.

                          Magistrates Court - Magistrates Court Act - Email.

                          Supreme Court - Supreme Court Act -

                                   Applications.

                                   Corporations Law Rules 2000 (South Australia) - Review Amendments.

                                   Custody.

        By the Minister for Justice (The Hon. K. T. Griffin) -

                 Regulation under the following Act -

                          Emergency Services Funding Act 1998 - Remissions.

        By the Minister for Consumer Affairs (The Hon. K. T. Griffin) -

                 Regulations under the following Acts -

                          Building Work Contractors Act 1995 - Exemptions.

                          Land and Business (Sale and Conveyancing) Act 1994 - Acting for Parties.

                          Liquor Licensing Act 1997 - Dry Areas - Meningie.

                          Security and Investigation Agents Act 1995 - Auditor.

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

                 Regulations under the following Acts -

                          Development Act 1993 -

                                   Environmental Significance.

                                   Extension of System Improvement.

                                   Significant Trees - Time Extension.

                          Environment Protection Act 1993 - Water.

                          Medical Practitioners Act 1983 - Fees.

                          Motor Vehicles Act 1959 - National Consistency.

                          Road Traffic Act 1961 -

                                   Dictionary Variation.

                                   Miscellaneous Definitions.

                                   Standard Conditions.

                          South Australian Co-operative and Community Housing Act 1991 -

                                       Commonwealth Application.

                                       Public Subscription.

                          South Australian Health Commission Act 1976 - Fees.

                 Road Traffic Act 1961 - Vehicle Standard Rules - Steering.

        By the Minister for Workplace Relations (The Hon. R. D. Lawson) -

                 Remuneration Tribunal - Determination No. 4 of 2001 - Telephone Rental and Calls Allowance.

 

 

   7.

The Attorney-General (The Hon. K. T. Griffin) brought up the Report of the Select Committee on the Free Presbyterian Church (Vesting of Property) Bill 2001, together with Minutes of Proceedings and Evidence.

                 Ordered - That the Report be printed.  (Paper No. 221)

                 Ordered - That the Free Presbyterian Church (Vesting of Property) Bill be recommitted to a Committee of the Whole on next day of sitting.

 

Select Committee
on the Free
Presbyterian
Church (Vesting
of Property)
Bill 2001.

   8.

The Minister for Transport and Urban Planning tabled a copy of a Ministerial Statement made by the Minister for Human Services (The Hon. D. C Brown, M.P.) concerning the Retention of Organs and Tissue.

 

Paper Tabled.

   9.

The Attorney-General, without notice, moved - That the Standing Orders be so far suspended as to enable him to introduce two Bills forthwith.

                 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.

 

10.

The Attorney-General, pursuant to suspension of Standing Orders, moved - That he have leave to introduce a Bill for an Act relating to administrative actions by Commonwealth authorities or officers of the Commonwealth under the Agricultural and Veterinary Chemicals (South Australia) Act 1994, the National Crime Authority (State Provisions) Act 1984 and other State co-operative scheme laws; and for other purposes.

                 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.

 

Co-operative
Schemes
(Administrative
Actions) Bill 2001.

 

11.

The Attorney-General, pursuant to suspension of Standing Orders, moved - That he have leave to introduce a Bill for an Act to amend the Criminal Law (Sentencing) Act 1988 and to make related amendments to the Summary Procedure Act 1921.

                 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.

 

Criminal Law
(Sentencing)
(Sentencing
Procedures)
Amendment Bill
2001.

12.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 12 be postponed and taken into consideration after Order of the Day (Government Business) No. 13.

 

Postponement
of Business.

13.

On the Order of the Day being read for the adjourned debate on the question - That the Law Reform (Contributory Negligence and Apportionment of Liability) 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 amended and agreed to.

                          Clause No. 4 amended and agreed to.

                          Clause No. 5 agreed to.

                          Clause No. 6 amended and agreed to.

                          Clause No. 7 amended and agreed to.

                          Clause No. 8 amended and agreed to.

                          Clause No. 9 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.

 

Law Reform
(Contributory
Negligence and
Apportionment of
Liability) Bill.

 

14.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 8 be postponed and taken into consideration after Order of the Day (Government Business) No. 9.

 

Postponement
of Business.

15.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Graffiti Control Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 6 agreed to.

                          Clause No. 7 read.

 

Graffiti Control
Bill.

 

                 The Hon. C. A. Pickles moved on page 5, line 3, to leave out “this Part” and insert “section 4 or section 6”, on page 5, line 5, to leave out “the enforcement of this Part” and insert “enforcing a provision of this Part that the person is authorised to enforce” and on page 5, line 9, to leave out “this Act” and insert “this Part that the person is authorised to enforce”.

                 Question - That the amendments be agreed to - put.

 

     

            Committee divided:

Ayes, 9

The Hon. M. J. Elliott

The Hon. I. Gilfillan

The Hon. P. Holloway

The Hon. S. M. Kanck

The Hon. R. R. Roberts

The Hon. T. G. Roberts

The Hon. R. K. Sneath

The Hon. C. Zollo

The Hon. C. A. Pickles (Teller)

 

 

 

      So it passed in the negative.

 

Noes, 12

The Hon. T. G. Cameron

The Hon. T. Crothers

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. N. Xenophon

The Hon. K. T. Griffin (Teller)

 

 

 

 

                 Question - That clause No. 7 stand as printed - put.

 

     

            Committee divided:

Ayes, 16

The Hon. T. Crothers

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

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

The Hon. K. T. Griffin (Teller)

      So it was resolved in the affirmative.

 

Noes, 3

The Hon. T. G. Cameron

The Hon. S. M. Kanck

The Hon. I. Gilfillan

 

 

 

 

 

                          Clause No. 8 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 motion.

 

 

16.

At two minutes past six o’clock the sitting was suspended until the ringing of the bells.

                 At fifteen minutes to eight o’clock the sitting was resumed.

 

Suspension and
Resumption of
Sitting.

 

17.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Graffiti Control Bill.

 

In the Committee

 

                          Clause No. 8 further considered and agreed to.

                          Clauses No. 9 and No. 10 agreed to.

                          New clause No. 10A inserted.

                          Clause No. 11 amended and agreed to.

 

Graffiti Control
Bill.

 

                          Clauses No. 12 and No. 13 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 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 this 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.

 

 

18.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 8, No. 10 to No. 12 and No. 14 and No. 15 be postponed and taken into consideration after Order of the Day (Government Business) No. 20.

 

Postponement
of Business.

19.

On the Order of the Day being read for the adjourned debate on the question - That the Coroners 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.

 

Coroners Bill.

20.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (Consumer Affairs) 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.

 

Statutes
Amendment
(Consumers Affairs)
Bill.

 

21.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (Taxation Measures) 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.

 

Statutes
Amendment
(Taxation Measures)
Bill.

22.

On the Order of the Day being read for the adjourned debate on the question - That the First Home Owner Grant (New Homes) Amendment Bill be now read a second time:

                 Debate resumed.

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

 

First Home
Owner Grant
(New Homes)
Amendment Bill.

 

  23.

Ordered - separately - That Orders of the Day (Government Business) No. 20 and No. 1 to No. 5 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

  24.

Ordered - That Order of the Day (Government Business) No. 6 be postponed and taken into consideration on motion.

 

Postponement
of Business.

25.

Ordered - That Orders of the Day (Government Business) No. 7 and No. 8, and No. 10 and No. 11 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

26.

On the Order of the Day being read for the adjourned debate on the question - That the South Australian Co-operative and Community Housing (Associated Land Owners) 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.

 

South Australian
Co-operative and
Community Housing
(Associated Land
Owners)
Amendment Bill.

 

27.

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

Message No. 80

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith entitled an Act to provide for the safety and suitability of food; to repeal the Food Act 1985; and for other purposes, to which it desires the concurrence of the Legislative Council.

House of Assembly, 7 June 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:
Food Bill.

28.

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

 

Explosives
(Miscellaneous)
Bill.

  29.

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

 

Postponement
of Business.

 

30.

Council adjourned at seven minutes past nine 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