[SOUTH AUSTRALIA]

No. 47

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY  3 AUGUST  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 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.

 

   3.

Answers to Questions on Notice Nos. 190, 195 and 216 received this day were tabled by the President who directed that they be distributed and printed in Hansard.

 

Answers to

Questions on

Notice.

   4.

The President laid upon the Table the Report of the Police Complaints Authority, 1997-98.

 

Paper Tabled.

   5.

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

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

                 University of South Australia - Report 1998.

                 Regulations under the following Acts -

                          Electricity Corporations (Restructuring and Disposal) Act 1999 - Leigh Creek Mining.

                          Public Corporations Act 1993 -

                                   Distribution Lessor Corporation.

                                   Generation Lessor Corporation

                          Technical and Further Education Act 1975 - Miscellaneous.

                 Emergency Services Funding Act 1998 - Levy Notice.

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

                 Animal and Plant Control Commission - Report 1998.

                 Regulations under the following Acts -

                          Animal and Plant Control (Agricultural Protection and other Purposes) Act 1986 - Variation.

                          Freedom of Information Act 1991 - Exempt Agencies.

                          Industrial and Employee Relations Act 1994 - Declared Employer.

                 Rules of Court - District Court -

                          District Court Act - Criminal Assets.

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

                 Chiropody Board of SA - Report 1998-99.

                 Rules - Racing Act 1976 - Bookmakers Licensing.

                 Transport South Australia Lease of Properties - List of Approvals 1998-99.

 

Papers.

   6.

The President made the following Statement:

                 I have to advise that I have received a letter from certain persons requesting a right of reply in accordance with our Sessional Standing Order passed by this Council on 11 March 1999.

                 These persons were aggrieved by statements in this Chamber made some 10 years ago.  I have laboured for some time over their request.  However, I am of the opinion that to incorporate the reply of these persons in Hansard would be establishing a precedent that could provoke others who have considered themselves wronged by remarks made under Parliamentary Privilege many, many years ago.  I am loathe to create such a precedent which my successors will have to consider in the future, and therefore I have not concurred with the request.

                 In reaching this decision, I have considered, along with other matters, that the Honourable Members who were associated with the remarks in the Upper House are no longer Members and therefore I am unable to consult with the Members concerned as required by the Sessional Standing Order.

 

President’s

Statement.

   7.

The Minister for Transport and Urban Planning tabled a copy of a Ministerial Statement made by the Minister for Recreation, Sport and Racing (The Hon. I. F. Evans, M.P.) concerning Propriety Racing.

 

Paper Tabled.

   8.

The Attorney-General, without notice,  moved - That the Standing Orders be so far suspended as to enable the Hon. I. Gilfillan to complete his question to the Attorney-General and for the Attorney-General to complete his reply.

                 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.

   9.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 3 be postponed and taken into consideration after Order of the Day (Government Business) No. 4.

 

Postponement

of Business.

10.

On the Order of the Day being read for the adjourned debate on the question - That the Independent Industry Regulator 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. 7 agreed to.

                          Clause No. 8 amended and agreed to.

                          Clauses No. 9 to No. 29 agreed to.

                          Clause No. 30 read.

                 The Hon. S. M. Kanck moved on page 16, lines 7 to 19, to leave out this clause and insert new clause as follows:

                  Reference of matters for inquiry

                          30. (1) The Industry Regulator must conduct an inquiry into any matter referred to the Industry Regulator—

                          (a)    by resolution of either House of Parliament; or

                          (b)    by written notice of the Minister.

                          (2) The terms of reference for the inquiry will be as specified in the resolution or notice.

                          (3) The resolution or notice may—

                          (a)    require that a report on the inquiry be delivered within a specified period; and

                          (b)    require the Industry Regulator to make a draft report publicly available or available to specified persons or bodies during the inquiry; and

Independent Industry

Regulator Bill.

 

                          (c)    require the Industry Regulator to consider specified matters; and

                          (d)    give the Industry Regulator specific directions in respect of the conduct of the inquiry.

                          (4) The terms of reference or a requirement or direction under subsection (3) may be varied—

                          (a)    in the case of an inquiry into a matter referred by resolution of a House of Parliament—by further resolution of that House of Parliament;

                          (b)    in the case of an inquiry into a matter referred by written notice of the Minister—by further written notice of the Minister.

                 Question - That clause No. 30, proposed to be struck out by the Hon. S. M. Kanck, stand as printed - put.

            Committee divided:

 

 

Ayes, 10.

The Hon. T. G. Cameron

The Hon. T. Crothers

The Hon. L. H. Davis

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, 9.

The Hon. M. J. Elliott

The Hon. I. Gilfillan

The Hon. P. Holloway

The Hon. C. A. Pickles

The Hon. T. G. Roberts

The Hon. G. Weatherill

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. S. M. Kanck (Teller)

 

 

 

        So it was resolved in the affirmative.

                          Clause No. 30 agreed to.

                          Clause No. 31 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.

 

 

11.

At four 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.

12.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Independent Industry Regulator Bill.

 

In the Committee

 

                          Clause No. 31 further considered and agreed to.

                          Clause No. 32 agreed to.

                          Clause No. 33 amended and agreed to.

                          Clauses No. 34 to No. 43 agreed to.

                 The Hon. S. M. Kanck , moved on page 19, after line 38, to insert new clause as follows:

                          Review of Act

                                    44. (1) The Minister is to review this Act to determine the effectiveness of the work of the Industry Regulator and the attainment of the objects of this Act.

                                    (2) The review is to be undertaken as soon as possible after the period of two years from the date of assent to this Act and a report on the outcome of the review is to be completed within six months after that period of two years.

                                    (3) The Minister must cause a copy of the report on the outcome of the review to be tabled in each House of Parliament within 12 sitting days after its completion.”

                 The Treasurer moved to amend the proposed new clause in subclause (2) by leaving out “two years”, twice occurring, and inserting “three years”.

                 Question - That the amendment moved by the Treasurer to proposed new clause 44 moved to be inserted by the Hon. S. M. Kanck, be agreed to - put and passed.

                 Question - That new clause No. 44, as proposed to be inserted by the Hon. S. M. Kanck and as amended by the Treasurer, be so inserted - put and passed.

                          New clause No. 44 inserted.

                          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 Treasurer, 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.

 

Independent Industry

Regulator Bill.

13.

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.

14.

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

                          Clause No. 4 read.

                 The Hon. S. M. Kanck moved on page 2, after line 2, to insert new paragraph (ba) as follows:

                           (ba)   by inserting after the definition of “electricity officer” the following definition:

                                       “Electricity Ombudsman” means the person holding or acting in the office of Electricity Supply Industry Ombudsman established under Part 3A;’.

                 Question - That the amendment be agreed to - put.

            Committee divided:

 

 

Ayes, 9.

The Hon. M. J. Elliott

The Hon. I. Gilfillan

The Hon. P. Holloway

The Hon. C. A. Pickles

The Hon. R. R. Roberts

The Hon. G. Weatherill

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. S. M. Kanck (Teller)

 

Noes, 10.

The Hon. T. G. Cameron

The Hon. T. Crothers

The Hon. L. H. Davis

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)

 

 

        So it passed in the negative.

                          Clause No. 4 otherwise amended and agreed to.

                          Clauses No. 5 and No. 6 agreed to.

                          Clause No. 7 read.

                 The Hon. S. M. Kanck moved on page 3, after line 31, to insert the following:

                                    “(2) The regulations may not exclude or vary the operation of the provisions of the Public Corporations Act 1993 relating to—

                          (a)    conflict of interest of directors of a public corporation;

                          (b)    annual reports of a public corporation.”

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

                 The Hon. P. Holloway moved on page 5, line 4, to leave out  “five” and insert “six”.

                 Question - That the amendment be agreed to - put.

    Committee divided:

 

 

Ayes, 9.

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. G. Weatherill

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

Noes, 10.

The Hon. T. G. Cameron

The Hon. T. Crothers

The Hon. L. H. Davis

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)

 

 

        So it passed in the negative.

                          Clause No. 7 otherwise amended and agreed to.

                          Clauses No. 8 to No. 14 agreed to

                          Clause No. 15 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.

 

 

15.

At twenty-eight minutes past ten o’clock the sitting was suspended until the ringing of the bells.

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

 

Suspension and

Resumption of

Sitting.

16.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Electricity (Miscellaneous) Amendment Bill.

 

In the Committee

 

                          Clause No. 15 further considered, amended and agreed to.

                          Clauses No. 16 to No. 18 agreed to.

                          Clause No. 19 amended and agreed to.

                          Clauses No. 20 and No. 21 agreed to.

                          Clause No. 22 amended and agreed to.

                          Clause No. 23 amended and agreed to.

                          Clauses No. 24 to No. 28 agreed to.

                          Clause No. 29 struck out.

                          New clause No. 29 inserted.

                          Clause No. 30 struck out.

                          New clause No. 30 inserted.

                          Clause No. 31 struck out.

                          Clause No. 32 struck out.

                          Clause No. 33 struck out.

                          Clause No. 34 amended and agreed to.

                          Clause No. 35 agreed to.

                          Clause No. 36 amended and agreed to.

                          Clauses No. 37 to No. 45 agreed to.

                          Clause No. 46 struck out.

                          New clause No. 46 inserted.

                          Clauses No. 47 to No. 48 agreed to.

                          New clause No. 48A inserted.

                          Clauses No. 49 to No. 50 agreed to.

                          Clause No. 51 read.

Electricity

(Miscellaneous)

Amendment Bill.

 

 

                 The Hon. P Holloway, by leave, tabled copies of a letter from the Premier (The Hon.
J. W. Olsen, M.P.) to Mr. Jim Hullick, O.A.M., Secretary-General, Local Government Association of South Australia, dated 7 June 1996, together with a copy of an extract of a letter from the Premier, dated 11 June 1996.

                          Clause No. 51 amended and agreed to.

                          Clauses No. 52 and No. 53 agreed to.

Paper

Tabled.

 

                          New clause No. 53A inserted.

                          Clause No. 54 amended and agreed to.

                          Clauses No. 55 to No. 60 agreed to.

                          Clause No. 61 amended and agreed to.

                          Clauses No. 62 and No. 63 agreed to.

                          Clause No. 64 amended and agreed to.

                          Clause No. 65 agreed to.

                          Clause No. 66 amended and agreed to.

                          Clauses No. 67 to No. 73 agreed to.

                          Clause No. 74 amended and agreed to.

_____________________

 

And it being twelve of the clock:

WEDNESDAY 3 AUGUST 1999

_____________________

 

                          Clause No. 75 struck out.

                          New clause No. 75 inserted.

                          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 Treasurer, 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.

 

 

17.

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

Message No. 83

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith entitled an Act to establish as a law of South Australia a Code making provision for the regulation of third party access to railway infrastructure services in relation to the AustralAsia Railway; and for other purposes, without any amendment.

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

 

Messages from

House of

Assembly:

AustralAsia

Railway (Third

Party Access)

Bill.

 

 

Message No. 84

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Motor Vehicles Act 1959 and to make related amendments to the Expiation of Offences Act 1996 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, 29 July 1999.                                                                    J.K.G. OSWALD, Speaker.

Schedule of the amendments made by the House of Assembly

No. 1.       Page 46, line 7 (clause 92) - After “(whether registered or unregistered)” insert:

          or any specified vehicle part

No. 2.       Page 46, line 9 (clause 92) - After “(whether registered or unregistered)” insert:

          or any specified vehicle part

No. 3.       Page 46, line 12 (clause 92) - After “vehicles” insert:

          or specified vehicle parts

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

                 Ordered - That the Message be taken into consideration on next day of sitting.

 

Motor Vehicles (Miscellaneous) Amendment Bill.

     

Message No. 85

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to provide that certain decisions of the Federal Court of Australia or the Family Court of Australia have effect as decisions of the Supreme Court and to make other provision relating to certain matters relating to the jurisdiction of those courts; to amend the Competition Policy Reform (South Australia) Act 1996; and for other purposes, without any amendment.

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

 

Federal Courts

(State

Jurisdiction)

Bill.

 

 

Message No. 86

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Trustee Act 1936 and the Trustee Companies Act 1988, without any amendment.

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

 

Statutes

Amendment

(Trusts) Bill.

 

 

Message No. 87

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Geographical Names Act 1991, without any amendment.

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

 

Geographical

Names

(Assignment of Names)

Amendment Bill.

 

 

Message No. 88

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Superannuation Act 1988, without any amendment.

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

 

Superannuation (Voluntary Separation

Packages) Amendment Bill.

 

 

Message No. 89

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Police Superannuation Act 1990, without any amendment.

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

 

Police Superannuation (Increments

in Salary)

Amendment Bill.

 

Message No. 90

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

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

                 Bill read a first time.

                 The Treasurer 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.

 

Water Resources (Water

Allocation Plans) Amendment Bill.

 

18.

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

 

Postponement

of Business.

19.

Ordered - That the Council, at its rising, do adjourn until today at eleven o’clock a.m.

 

Next Day

of Sitting.

 

20.

Council adjourned at seven minutes past twelve o’clock midnight until today at eleven o’clock a.m.

 

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