SOUTH AUSTRALIA]

No. 29

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  4  APRIL  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 Hon. A. J. Redford brought up the Fourteenth Report, 2000-2001 of the Legislative Review Committee, which was read by the Clerk as follows -

                 The Legislative Review Committee, at its meeting on 28 March 2001, considered By-laws of the City of West Torrens that were made on 3 October 2000 and laid on the Table of each House of Parliament on 28 November 2000.

                 The Committee noted that each of these By-laws was not laid before the House within six sitting days after each had been made and therefore each did not comply with the provision of subsection 10(3) of the Subordinate Legislation Act 1978.

                 In accordance with subsection 10(5) of the Act, the Legislative Review Committee reports a failure to comply with subsection 10(3) of the Act to the House with respect to each By-law.

                 By-laws referred to -

                          Local Government Act 1999 - City of West Torrens -

                                   No. 1 - Permits and Penalties.

                                   No. 2 - Moveable Signs.

                                   No. 3 - Local Government Land.

                                   No. 4 - Roads.

                                   No. 5 - Dogs.

                 Members are advised that each By-law may be disallowed by Resolution of the House and will cease to have effect, but that a Resolution is not effective unless it is passed in pursuance of a Notice of Motion given within six sitting days after this Report is made to the House.

 

Legislative
Review
Committee -
Fourteenth Report,
2000-2001.

   3.

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

 

Legislative
Review
Committee -
Fifteenth Report,
2000-2001.

   4.

The Treasurer tabled a copy of a Ministerial Statement made by the Premier (The Hon. J. W. Olsen,  M.P.) concerning Gambling Reform.

 

Paper Tabled.

   5.

The Minister for Transport and Urban Planning (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 the Hon. C. V. Schaefer to complete her question to the Minister for Transport and Urban Planning and for the Minister to complete her 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.

   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 next.

 

Postponement
of Business.

   8.

The Hon. M. J. Elliott, pursuant to notice, moved - That the Legislative Council requests that the South Australian Government -

              I.      (a)     Examines whether caffeinated drinks should be banned from sale to minors, in the same manner as tobacco and alcohol;

                       (b)     Promotes caffeinated energy drinks as being unsuitable for the general population, particularly children and caffeine-sensitive people;

                       (c)     Endorses proposals by the Australian New Zealand Food Authority for stricter labelling and marketing controls for caffeinated energy drinks; and

             II.      Uses its role on the Australia New Zealand Food Standards Council consisting of Health Ministers, to lobby for the passage of strict food standard regulations to cover formulated caffeinated beverages.

                 On motion of the Hon. C. Zollo, the debate was adjourned until Wednesday next.

 

Caffeinated
Drinks –
Motion re.

   9.

The Hon. I. Gilfillan, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to regulate the possession and use of genetically modified plant material.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. I. Gilfillan 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 next.

 

Genetically
Modified Material
(Temporary
Prohibition) Bill.

10.

The Hon. I. Gilfillan, pursuant to notice, moved -

              I.      That, in the opinion of this Council, a Joint Committee be appointed to inquire into and report on the impact of Dairy Deregulation on the industry in South Australia and in so doing, consider -

                       (a)     Was deregulation managed in a fair and equitable manner?

                       (b)     What has been the impact of deregulation on the industry in South Australia?

                       (c)     What is the future prognosis for the deregulated industry?

                       (d)     Other relevant matters.

             II.      That in the event of a Joint Committee being appointed, the Legislative Council be represented thereon by three Members, of whom two shall form a quorum of Council Members necessary to be present at all sittings of the Committee.

            III.      That this Council permits the Joint Committee to authorise the disclosure or publication, as it thinks fit, of any evidence or documents presented to the Committee prior to such evidence being reported to the Council.

            IV.      That a Message be sent to the House of Assembly transmitting the foregoing Resolution and requesting its concurrence thereto.

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

 

Deregulation of
Dairy Industry -
Joint Committee on -
Motion re.

 

11.

Ordered - That Notices of Motion (Private Business) No. 5 and No. 6 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

12.

Ordered - That Order of the Day (Private Business) No. 1 be postponed and taken into consideration on motion.

 

Postponement
of Business.

13.

Ordered - separately - That Orders of the Day (Private Business) No. 2 to No. 7 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

14.

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

                 Debate resumed.

                 On motion of the Hon. T. Crothers, the debate was adjourned until Wednesday next.

 

Dignity in
Dying Bill.

15.

On the Order of the Day being read for the adjourned debate on the motion of the Hon.
N. Xenophon - That the Legislative Review Committee inquire into and report on the operation of section 69A of the Evidence Act 1929, and, in particular, the effect of the publication of names of accused persons on them and their families who are subsequently not convicted or found guilty of any criminal or other offence:

                 Debate resumed.

                 On motion of the Hon. C. A. Pickles, the debate was adjourned until Wednesday next.

 

Section 69A of
Evidence Act
1929 - Legislative Review Committee
to inquire into
operation of -
Motion re.

16.

Ordered - That Order of the Day (Private Business) No. 10 be an Order of the Day for Wednesday next.

 

Postponement
of Business.

17.

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.

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

 

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.

 

18.

Ordered - separately - That Orders of the Day (Private Business) No. 12 to No. 23 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

19.

On the Order of the Day being read for the adjourned debate on the motion of the Hon.
A. J. Redford - That the Report of the Legislative Review Committee concerning the Allocation of Recreational Rock Lobster Pots, be noted:

                 Debate resumed.

                 On motion of the Hon. T. Crothers, the debate was adjourned until Wednesday next.

 

Legislative Review
Committee -
Report on the
Allocation of
Recreational Rock
Lobster Pots
to be noted -
Motion re.

 

20.

Ordered - separately - That Orders of the Day (Private Business) No. 25 to No. 27 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

21.

Ordered - That Order of the Day (Private Business) No. 28 be postponed and taken into consideration on motion.

 

Postponement
of Business.

22.

Ordered - separately - That Orders of the Day (Private Business) No. 29 and No. 30 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

23.

The Minister for Transport and Urban Planning, according to order, moved - That the Software Centre Inquiry (Powers and Immunities) Bill be now read a second time.

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

 

Software Centre
Inquiry
(Powers and
Immunities) Bill.

 

24.

Ordered - That Orders of the Day (Government Business) No. 2 and No. 3 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

25.

Ordered - That Orders of the Day (Government Business) No. 4 to No. 10 be postponed and taken into consideration after Order of the Day (Government Business) No. 11.

 

Postponement
of Business.

26.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (Transport Portfolio) 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 (Transport
Portfolio) Bill.

 

27.

At two minutes 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.

28.

Ordered - separately - That Orders of the Day (Government Business) No. 4 to No. 8 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

29.

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

                 Debate resumed.

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

 

Dental
Practice Bill.

30.

Ordered - separately - That Orders of the Day (Government Business) No. 10, No. 12 and No. 13 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

31.

On the Order of the Day being read for the adjourned debate on the question - That the Police Superannuation (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. 26 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 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.

 

Police
Superannuation
(Miscellaneous)
Amendment Bill.

32.

Ordered - That the adjourned debate on the question - That the Software Centre Inquiry (Powers and Immunities) Bill be now read a second time - be now resumed.

                 Debate resumed.

Software Centre
Inquiry
(Powers and
Immunities) Bill.

 

                 The Hon. P. Holloway, by leave, tabled a copy of a letter from Mr. J. M. Crammond to
Mr. M. D. Walter, Crown Solicitor, dated 6 March 2001.

                 On motion of the Hon. J.S.L. Dawkins, the debate was adjourned until next day of sitting.

 

Document
Tabled.

33.

Ordered - That the adjourned debate on the motion of the Hon. S. M. Kanck - That this Council recommends that the Premier should relieve the Treasurer, the Hon. Robert Lucas, of all responsibility for the South Australian electricity industry and create a Special Minister for Electricity Supply to oversee and facilitate the security and reliability of the industry in this State - be now resumed.

                 Debate ensued.

                 On motion of the Hon. R. R. Roberts, the debate was adjourned until Wednesday next.

 

Creation of
Special Ministry
for Electricity
Supply -
Motion re.

34.

Ordered - That Order of the Day (Private Business) No. 28 be an Order of the Day for Wednesday next.

 

Postponement
of Business.

  35.

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

Message No. 56

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Community Titles Act 1996, with the amendment indicated by the annexed Schedule, to which amendment the House of Assembly desires the concurrence of the Legislative Council.

House of Assembly, 3 April 2001.                                                                      J.K.G. OSWALD, Speaker.

 

Messages from
House of
Assembly:
Community Titles
(Miscellaneous)
Amendment Bill.

 

 

Schedule of the amendment made by the House of Assembly

      No. 1.  New Clause - Page 3, after line 3 insert new clause as follows:

                          Commencement

                                    1A.  This Act will come into operation on a day to be fixed by proclamation.

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

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

 

 

 

Message No. 57

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Criminal Assets Confiscation Act 1996; the Criminal Law (Sentencing) Act 1988; the Legal Services Commission Act 1977 and the Criminal Law Consolidation Act 1935, without any amendment.

House of Assembly, 3 April 2001.                                                                      J.K.G. OSWALD, Speaker.

 

Legal Assistance (Restrained Property) Amendment Bill.

36.

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

 

Next Day
of Sitting.

 

37.

Council adjourned at seven minutes past nine o’clock until tomorrow at eleven o’clock a.m.

 

Adjournment.

 

_________________________

 

 

 

 

 

Members present during any part of the sitting:

 

 

 

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