SOUTH AUSTRALIA]

No. 56

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  3  OCTOBER  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 following Papers were laid upon the Table, viz.:

        By the President -

                 Final Report of the Auditor-General on the Hindmarsh Soccer Stadium Redevelopment Project -

                          Part 1 - Key Findings and Recommendations.

                          Part 2 - Chronology.

                          Part 3 - Detailed Findings on the Terms of Reference.

Ordered - That the Report be published.

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

                 Regulation under the following Act -

                          Superannuation Act 1988 - Electricity Industry.

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

                 Regulations under the following Acts -

                          Electrical Products Act 2000 - Certificates.

                          Forest Property Act 2000 - Fee.

                 South Australian Water Corporation Charter.

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

                 Local Government Grants Commission South Australia - Report, 2000-2001.

                 Regulation under the following Act -

                          Optometrists Act 1920 - Fees.

                 District Council of LeHunte - By-law No. 2 - Moveable Signs.

 

Papers.

   3.

The Hon. A. J. Redford brought up the Twenty-Ninth Report, 2000-2001 of the Legislative Review Committee.

 

 

Legislative
Review
Committee -
Twenty-Ninth Report,
2000-2001.

   4.

The Attorney-General, while making a Ministerial Statement, tabled a copy of a Report required under section 5 of the Criminal Law (Undercover Operations) Act 1995.

 

Paper Tabled.

   5.

The Minister for Transport and Urban Planning brought up the Report of the Select Committee on the West Beach Recreation Reserve (Review) Amendment Bill, together with Minutes of Proceedings and Evidence.

                 Ordered - That the Report be printed.  (Paper No. 233)

                 The Minister for Transport and Urban Planning, by leave, without notice, moved - That the West Beach Recreation Reserve (Review) Amendment Bill be not reprinted as amended by the Select Committee and that the Bill be recommitted to a Committee of the Whole on next day of sitting.

                 Question put and passed.

 

Select Committee
on the West Beach

Recreation
Reserve (Review)
Amendment Bill.

   6.

The President called on Members to make Statements on Matters of Interest.

 

Statements
on Matters
of Interest.

   7.

Ordered - That Notice of Motion (Private Business) No. 1 be an Order of the Day for Wednesday, 24 October 2001.

 

Postponement
of Business.

   8.

 

The Hon. C. V. Schaefer, pursuant to notice, moved - That the Report of the Social Development Committee on an Inquiry into Biotechnology, Part I, Health, be noted.

                 On motion of the Hon. S. M. Kanck, the debate was adjourned until Wednesday, 24 October 2001.

Social
Development
Committee -
Report into
Biotechnology,
Part I, Health,
to be noted -
Motion re.

 

   9.

The Hon. P. Holloway, pursuant to notice, moved - That this Council directs the Attorney-General to direct Mr. D. Clayton, Q.C. to complete and provide to the Attorney-General his report into issues surrounding Mr. J.M.A. Cramond’s inquiry regarding Motorola, on or before 22 October 2001, and that, further, the Attorney-General shall, on 24 October 2001 or within 48 hours, whichever is the sooner, pass the report to the President of the Legislative Council who shall, within one day of receipt, Table the report or, if the Council is not sitting or the Parliament has been prorogued, publish and distribute such a report and that further, this motion replaces all previous decisions of the Council in relation to the Tabling of the Clayton Report.

                 On motion of the Minister for Transport and Urban Planning, the debate was adjourned and ordered to be resumed on motion.

 

Report of
Mr. D. Clayton, Q.C.
into issues
surrounding
Mr. J.M.A. Crammond’s
inquiry regarding
Motorola - Tabling
and distribution -
Motion re.

10.

The Hon. N. Xenophon, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to provide for the holding of a referendum of electors relating to gaming machines.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. N. Xenophon then moved - That this Bill be now read a second time.

                 On motion of the Hon. R. R. Roberts, the debate was adjourned until Wednesday, 24 October 2001.

 

Referendum
(Gaming Machines)
Bill.

11.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. J.S.L. Dawkins - That the Report of the Environment, Resources and Development Committee on Ecotourism be noted:

                 Debate resumed.

                 Question put and passed.

 

Environment,
Resources and
Development Committee -
Report on
Ecotourism
to be noted -
Motion re.

 

12.

 

On the Order of the Day being read for the adjourned debate on the motion of the Hon. L. H. Davis - That the Second Report of the Statutory Authorities Review Committee into the Commissioners of Charitable Funds be noted:

                 Debate resumed.

                 On motion of the Hon. C. V. Schaefer, the debate was adjourned until Wednesday, 24 October 2001.

 

Statutory
Authorities
Review
Committee -
Report into the
Commissioners of
Charitable Funds
to be noted -
Motion re.

 

13.

 

On the Order of the Day being read for the adjourned debate on the motion of the Hon. L. H. Davis - That the Report of the Statutory Authorities Review Committee into Timeliness of 1999-2000 Annual Reporting by Statutory Bodies be noted:

                 Debate resumed.

                 Question put and passed.

 

 

Statutory
Authorities Review
Committee -
Report into
Timeliness of
1999-2000 Annual
Reporting by
Statutory Bodies
to be noted -
Motion re.

 

14.

Ordered - That Order of the Day (Private Business) No. 4 be an Order of the Day for Wednesday, 24 October 2001.

Postponement
of Business.

15.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. P. Holloway - That the Supplementary Report of the Auditor-General, 1999-2000 on Electricity Businesses Disposal Process in South Australia: Engagement of Advisers: Some Audit Observations, be noted:

                 Debate resumed.

                 Question put and passed.

 

Supplementary
Report of
Auditor-General,
1999-2000
on Electricity
Businesses
Disposal Process
in South Australia:
Engagement of
Advisers: 
Some Audit
Observations
to be noted -
Motion re.

 

16.

Ordered - separately - That Orders of the Day (Private Business) No. 6 to No. 8 be Orders of the Day for Wednesday, 24 October 2001.

 

Postponement
of Business.

17.

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

 

In the Committee

 

                          Clause No. 1 read.

                 Question - That clause No. 1 stand as printed - put.

Freedom of
Information
Bill.

 

             Committee divided:

Ayes, 6

The Hon. T. G. Cameron

The Hon. T. Crothers

The Hon. M. J. Elliott

The Hon. S. M. Kanck

The Hon. N. Xenophon

The Hon. I. Gilfillan (Teller)

 

 

 

 

 

      So it passed in the negative.

 

Noes, 11

The Hon. J.S.L. Dawkins

The Hon. K. T. Griffin

The Hon. P. Holloway

The Hon. D. V. Laidlaw

The Hon. R. I. Lucas

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. R. D. Lawson

 

 

 

 

                          Clauses No. 2 to No. 48 agreed to.

                          Schedule 1 agreed to.

                          Schedule 2 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 an amendment; whereupon the Council adopted such report.

                 The Minister for Disability 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.

                 The Hon. I. Gilfillan moved - That this Bill be now read a third time.

 

 

             Council divided:

Ayes, 6

The Hon. T. G. Cameron

The Hon. T. Crothers

The Hon. M. J. Elliott

The Hon. S. M. Kanck

The Hon. N. Xenophon

The Hon. I. Gilfillan (Teller)

 

 

 

 

 

      So it passed in the negative.

 

 

Noes, 11

The Hon. J.S.L. Dawkins

The Hon. K. T. Griffin

The Hon. P. Holloway

The Hon. D. V. Laidlaw

The Hon. R. I. Lucas

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. R. D. Lawson

 

 

 

18.

The Minister for Transport and Urban Planning, without notice, moved - That the Standing Orders be so far suspended as to enable the Order made this day for the adjourned debate on the second reading of the Environment Protection (Miscellaneous) Amendment Bill to be an Order of the Day for Wednesday, 24 October 2001, be rescinded and that the Order of the Day be taken into consideration 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.

 

                 The Minister for Transport and Urban Planning then moved - That the Order made this day for the adjourned debate on the second reading of the Environment Protection (Miscellaneous) Amendment Bill to be an Order of the Day for Wednesday, 24 October 2001, be rescinded and that the Order of the Day be taken into consideration forthwith.

                 Question put and passed.

Rescission
of Order.

 

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

                 Debate resumed.

                 On motion of the Minister for Transport and Urban Planning, the debate was adjourned and ordered to be resumed on motion.

 

Environment
Protection
(Miscellaneous)
Amendment Bill.

19.

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.

 

20.

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

                 Debate resumed.

                 On motion of the Hon. T. Crothers, the debate was adjourned and ordered to be resumed on motion.

 

Environment
Protection
(Miscellaneous)
Amendment Bill.

21.

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

                 Debate resumed.

                 Question put.

Summary Offences
(Piercing of
Children)
Amendment Bill.

 

            Council divided:

Ayes, 13

The Hon. T. G. Cameron

The Hon. T. Crothers

The Hon. J.S.L. Dawkins

The Hon. K. T. Griffin

The Hon. P. Holloway

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. A. J. Redford

The Hon. R. R. Roberts

The Hon. C. V. Schaefer

The Hon. R. K. Sneath

The Hon. J. F. Stefani

The Hon. N. Xenophon (Teller)

      So it was resolved in the affirmative.

 

Noes, 2

The Hon. S. M. Kanck

The Hon. I. Gilfillan (Teller)

 

 

 

 

                 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.

 

 

22.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. J. F. Stefani - That the Interim Report of the Select Committee on the Future of the Queen Elizabeth Hospital be noted:

                 Debate resumed.

                 On motion of the Hon. S. M. Kanck, the debate was adjourned until Wednesday, 24 October 2001.

 

Select Committee
on the Future of the
Queen Elizabeth
Hospital -
Interim Report
to be noted -
Motion re.

 

23.

Ordered - separately - That Orders of the Day (Private Business) No. 12 to No. 21 be Orders of the Day for Wednesday, 24 October 2001.

 

Postponement
of Business.

24.

On the Order of the Day being read for the adjourned debate on the question - That the Road Traffic (Ticket-Vending Machines) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. R. R. Roberts, the debate was adjourned until Wednesday, 24 October 2001.

 

Road Traffic
(Ticket-Vending
Machines)
Amendment Bill.

 

25.

Ordered - That Order of the Day (Private Business) No. 23 be an Order of the Day for Wednesday, 24 October 2001.

 

Postponement
of Business.

26.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Dignity in Dying Bill.

 

In the Committee

 

                          Clauses No. 1 and No. 2 agreed to.

                          Clause No. 3 read.

                 Question - That clause No. 3 stand as printed - put.

Dignity in Dying
Bill.

 

           Committee divided:

Ayes, 4

The Hon. J.S.L. Dawkins

The Hon. A. J. Redford

The Hon. R. K. Sneath

The Hon. S. M. Kanck (Teller)

 

 

 

         So it passed in the negative.

 

Noes, 7

The Hon. I. Gilfillan

The Hon. P. Holloway

The Hon. R. D. Lawson

The Hon. R. R. Roberts

The Hon. C. V. Schaefer

The Hon. N. Xenophon

The Hon. K. T. Griffin

 

 

 

                          Clause No. 3 struck out.

                          Clause No. 4 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 Wednesday, 24 October 2001.

 

 

27.

Ordered - separately - That Orders of the Day (Private Business) No. 25 to No. 31 be Orders of the Day for Wednesday, 24 October 2001.

 

Postponement
of Business.

28.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Constitution (Parliamentary Terms) Amendment Bill.

 

In the Committee

 

                          Clause No. 1 agreed to.

                          Clause No. 2 amended and agreed to.

                          Clause No. 3 amended and agreed to.

                          Clause No. 4 amended and agreed to.

                          Clause No. 5 amended and agreed to.

                          Title agreed to.

_____________________

 

Constitution
(Parliamentary
Terms)
Amendment Bill.

 

                 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 President having counted the Council in accordance with Standing Order No. 282, and there being present an absolute majority of the whole number of the Members of the Council:

                 Question put, and there being no dissentient voice, it was resolved in the affirmative.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

Absolute
Majority:
Third Reading.

29.

The Minister for Disability Services, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Retirement Villages Act 1987 and to make a related amendment to the Residential Tenancies Act 1995.

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

 

Retirement Villages
(Miscellaneous)
Amendment Bill.

30.

The Attorney-General, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Administration and Probate Act 1919, the Criminal Law Consolidation Act 1935, the Criminal Law (Sentencing) Act 1988, the Evidence Act 1929, the Partnership Act 1891, the Public Assemblies Act 1972, the Real Property Act 1886, the Summary Offences Act 1953, the Trustee Act 1936, the Trustee Companies Act 1988 and the Worker’s Liens Act 1893.

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

 

Statutes
Amendment
(Attorney-General’s
Portfolio) Bill.

31.

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

Message No. 108

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Building Work Contractors Act 1995, the Conveyancers Act 1994, the Land Agents Act 1994, the Plumbers, Gas Fitters and Electricians Act 1995, the Second-hand Vehicle Dealers Act 1995, the Security and Investigation Agents Act 1995 and the Travel Agents Act 1986, without any amendment.

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

 

Messages from House of
Assembly:
Statutes
Amendment
(Consumer Affairs)
Bill.

 

 

Message No. 109

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Trade Measurement Act 1993, without any amendment.

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

 

Trade
Measurement
(Miscellaneous)
Amendment Bill.

32.

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

 

Postponement
of Business.

33.

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

 

Next Day
of Sitting.

 

34.

Council adjourned at sixteen minutes past eleven o’clock until tomorrow, 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. 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