[SOUTH AUSTRALIA]

No. 31

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY 4 MARCH 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 following Papers were laid upon the Table, viz.:

        By the Minister for Education and Children’s Services (The Hon. R. I. Lucas) -

                 Regulations under the following Acts -

                          Housing and Urban Development (Administrative Arrangements) Act 1995 - MFP Industrial Premises Corporation.

                          Public Corporations Act 1993 - MFP Industrial Premises Corporation.

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

                 Regulations under the following Acts -

                          Building Work Contractors Act 1995 - Exemptions.

                          Land and Business (Sale and Conveyancing) Act 1994 - Transfer to MFP.

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

                 Regulations under the following Acts -

                          Motor Vehicles Act 1959 - Bike Rack.

                          Road Traffic Act 1961 - Bike Rack.

 

Papers.

    3.

The Attorney-General, while making a Ministerial Statement, tabled correspondence and related data and statistics correcting an error shown in the 1996 Annual Report of the Juvenile Justice Advisory Committee.

 

Paper

Tabled.

   4.

The Minister for Education and Children’s Services, without notice, moved - That the Standing Orders be so far suspended as to enable him to move for the substitution, by motion, of a Member of the Select Committee on Pre-School, Primary and Secondary Education in South Australia.

                 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 Education and Children’s Services moved - That the Hon. P. Nocella be substituted in the place of the Hon. P. Holloway, resigned, on the Select Committee on Pre‑School, Primary and Secondary Education in South Australia.

                 Question put and passed.

 

Select Committee

on Pre-School, Primary and Secondary

Education in

South Australia - Substitution of Member.

 

   5.

The Minister for Transport (The Hon. D. V. Laidlaw), without notice, moved - That the Standing Orders be so far suspended as to enable Question Time to be extended to enable her to give a reply to a Question asked by the Hon. A. J. Redford.

                 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.

   6.

The Minister for Education and Children’s Services, without notice, moved - That the Standing Orders be so far suspended as to enable Question Time to be extended until twenty minutes past three 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.

   7.

The Minister for Education and Children’s Services, according to order, brought up the Report of the Select Committee on the Netherby Kindergarten (Variation of Waite Trust) Bill, together with Minutes of Proceedings and Evidence.

                 Ordered - That the Report be printed.  (Paper No. 204)

Netherby Kindergarten (Variation of

Waite Trust)

Bill -  Report  of

Select  Committee.

 

                 The Attorney-General, without notice, moved - That the Standing Orders be so far suspended as to enable the Netherby Kindergarten (Variation of Waite Trust) Bill to be recommitted forthwith to a Committee of the whole Council.

                 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

 

                          Preamble agreed to.

                          Clauses No. 1 to No. 3 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 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.

                 The Minister for Education and Children’s Services then 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.

 

Suspension

of Standing

Orders.

   8.

The Minister for Education and Children’s Services, according to order, moved - That the Gas Bill be now read a second time.

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

 

Gas Bill.

   9.

Ordered - That Orders of the Day (Government Business) No. 3 and No. 4 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

10.

Ordered - That Order of the Day (Government Business) No. 5 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 Water Resources Bill be now read a second time:

                 Debate resumed.

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

 

Water

Resources

Bill.

12.

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

 

In the Committee

 

                          Clauses No. 1 and No. 2 agreed to.

                          New clause No. 2A inserted.

                          Clauses No. 3 to No. 8 agreed to.

                          Clause No. 9 amended and agreed to.

                          Clauses No. 10 to No. 14 agreed to.

                          Clause No. 15 read.

                 The Hon. M. J. Elliott moved on page 7, lines 17 to 22, to leave out the clause.

                 Question - That the clause stand as printed - put.

           Committee divided:

Electoral (Miscellaneous) Amendment

Bill.

 

Ayes, 9.

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. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. K. T. Griffin (Teller)

 

Noes, 10.

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. R. R. Roberts

The Hon. T. G. Roberts

The Hon. G. Weatherill

The Hon. M. J. Elliott (Teller)

 

 

So it passed in the negative.

                          Clause No. 15 struck out.

                          Clause No. 16 amended and agreed to.

                          Clauses No. 17 and No. 18 agreed to.

                          Clause No. 19 read.

                 The Hon. P. Holloway moved on page 9, lines 1 to 15, to leave out these lines.

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

                          Clause No. 19 agreed to.

                          Clause No. 20 agreed to.

                          Clause No. 21 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.

 

 

13.

At one minute to 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.

14.

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

 

In the Committee

 

                          Clause No. 21 further considered and agreed to.

                 The Hon. M. J. Elliott moved on page 10, after line 12, to insert new clause as follows:

Amendment of s.125 - Prohibition of canvassing near polling booths

          21A.  Section 125 of the principal Act is amended by striking out from subsection (1) “6 metres, or such lesser distance as may be fixed in a particular case by the presiding officer,” and substituting “200 metres”.’

                 Question - That new clause No. 21A, as proposed to be so inserted by the Hon. M. J. Elliott, be so inserted - put and negatived.

                          Clause No. 22 read.

                 The Hon. P. Holloway moved on page 10, lines 16 to 18, to leave out these lines and insert the following:

          “(1)  A person must not publicly advocate -

(a)    that a person who is entitled to vote at an election should abstain from voting at the election; or

(b)    that a voter should mark a ballot paper otherwise than in the manner set out in section 76(1) or (2); or

(c)    that a voter should refrain from marking a ballot paper issued to the voter for the purpose of voting.

Maximum penalty:  $2 500.”

Electoral (Miscellaneous) Amendment

Bill.

 

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

                          Clause No. 22 agreed to.

                          Clauses No. 23 and No. 24 agreed to.

                 The Hon. P. Holloway moved on page 10, after line 31, to insert new clause as follows:

Insertion of Part 13 Division 5

          24A.  The following Division is inserted after section 130 of the principal Act:

DIVISION 5 - BANK ACCOUNTS

Prohibition against establishment of certain bank accounts

         130A.  (1)  A person is guilty of an offence if, without written authorisation from a political party, the person establishes a bank account in the name of the party or a name suggesting that the account is established on behalf of the party.

Maximum penalty:  $2 500.

         (2)  A person is guilty of an offence if, without the written authorisation of a candidate or prospective candidate for election, the person establishes a bank account in the name of the candidate or a name suggesting that the account is established on behalf of the candidate.

Maximum penalty:  $2 500.”

                 Question - That new clause No. 24A, as proposed to be so inserted by the Hon. P. Holloway, be so inserted - put and negatived.

                          Clauses No. 25 to No. 27 agreed to.

                          Schedule 1 agreed to.

                          Schedule 2 read.

 

 

                 The Hon. M. J. Elliott moved on page 16, lines 1 and 2, to leave out all entries relating to section 14 and insert the following:

‘Section 14(3)                   Strike out “shall” and substitute “will”.

Section 14(4)(a)              Strike out “shall” and substitute “will”.

Section 14(4)(b)              Strike out “shall” and substitute “must”.’

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

                          Schedule 2 otherwise amended and agreed to.

                          Schedule 3 struck out.

                          New Schedule 3 inserted.

                          Title amended and agreed to.

_____________________

 

                 The President resumed the Chair, and reported that the Committee had considered the Bill and had agreed to the same with amendments and an amended Title; 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.

 

 

15.

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

 

Postponement

of Business.

16.

On the Order of the Day being read for the adjourned debate on the question - That the Legal Practitioners (Membership of Board and Tribunal) 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. 6 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 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.

 

Legal

Practitioners (Membership

of Board and Tribunal) Amendment

Bill.

17.

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

 

Postponement

of Business.

18.

Ordered - That Order of the Day (Government Business) No. 12 be postponed and taken into consideration on motion.

 

Postponement

of Business.

19.

Ordered - That Order of the Day (Government Business) No. 13 be an Order of the Day for next day of sitting.

 

Postponement

of Business.

20.

Ordered - That the adjourned debate on the question - That the Water Resources 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 agreed to.

                          Clause No. 2 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.

 

 

Water

Resources

Bill.

  21.

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

 

Postponement

of Business.

 

22.

Council adjourned at ten 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. 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