[SOUTH AUSTRALIA]

No. 29

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

THURSDAY  4  MAY  2000

 

 

 

   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 Clerk announced that the following Petitions had been lodged for presentation:

                 By the Hon. K. T. Griffin from 126 residents of South Australia concerning Prostitution and praying that the Council will strengthen the present law and ban all prostitution-related advertising to enable Police to suppress the prostitution trade more effectively.

Petitions -

No. 26 -

Prostitution.

 

 

                 By the Hon. S. M. Kanck from 252 residents of South Australia, concerning Native Title Rights for Indigenous South Australians and praying that this Council does not proceed with legislation that -

1.          Undermines or impairs the Native Title rights of indigenous South Australians; and

2.          Makes changes to Native Title unless there has been a genuine consultation process with all stakeholders, especially South Australia’s indigenous communities.

 

No. 27 -

Native Title Rights for Indigenous

South Australians.

 

   3.

The Attorney-General, without notice, moved - That the Standing Orders be so far suspended as to enable Question Time to be extended to enable the Hon. T. Crothers to complete his question and for the Attorney-General to give 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.

   4.

The Attorney-General, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Associations Incorporation Act 1985, the Correctional Services Act 1982, the Crimes at Sea Act 1998, the Criminal Injuries Compensation Act 1978, the Criminal Law Consolidation Act 1935, the Criminal Law (Forensic Procedures) Act 1998, the Criminal Law (Sentencing) Act 1988, the Election of Senators Act 1903, the Environment, Resources and Development Court Act 1993, the Evidence Act 1929, the Expiation of Offences Act 1996, the Magistrates Court Act 1991, the Wills Act 1936 and the Young Offenders Act 1993; and to repeal the Australia Acts (Request) Act 1999.

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

 

Statutes

Amendment

and Repeal

(Attorney-General’s Portfolio) Bill.

   5.

The Attorney-General, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Building Work Contractors Act 1995.

                 Question put and passed.

 

Building Work Contractors (GST) Amendment Bill.

 

                 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.

 

 

   6.

The Attorney-General, according to order, moved - That the Supply Bill be now read a second time.

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

 

Supply Bill.

   7.

Ordered - That Orders of the Day (Government Business) No. 2 to No. 4 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

   8.

Ordered - That Orders of the Day (Government Business) No. 5 to No. 19 be postponed and taken into consideration on motion.

 

Postponement

of Business.

   9.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (BHP Indentures) 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. 23 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 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.

 

Statutes

Amendment

(BHP Indentures)

Bill.

10.

Ordered - That Orders of the Day (Government Business) No. 21 and No. 22 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

11.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (Extension of Native Title Sunset Clauses) 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. 4 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.

 

Statutes

Amendment (Extension of

Native Title

Sunset Clauses)

Bill.

12.

Ordered - That Orders of the Day (Government Business) No. 24 to No. 26 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

13.

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

                 Debate resumed.

                 On motion of the Hon. J. F. Stefani, the debate was adjourned until next day of sitting.

 

Juries (Separation) Amendment Bill.

14.

The Attorney-General, without notice, moved - That the Standing Orders be so far suspended as to enable him to move - That the Order made this day for Order of the Day (Government Business) No. 21 to be an Order of the Day for next day of sitting be discharged 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 Attorney-General then moved - That the Order made this day for Order of the Day (Government Business) No. 21 to be an Order of the Day for next day of sitting be discharged and that the Order of the Day be taken into consideration forthwith.

                 Question put and passed.

 

Order

Discharged.

15.

On the Order of the Day being read for the adjourned debate on the question - That the Corporations (South Australia) (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. 10 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.

 

Corporations

(South Australia) (Miscellaneous) Amendment Bill.

16.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Occupational Health, Safety and Welfare (Penalties) Amendment Bill.

 

In the Committee

 

                          Clause No. 6 which the Hon. N. Xenophon had moved to amend on page 3, line 2, by leaving out “subsection (7)” and inserting “subsections (6) and (7)” - further considered.

                 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.

 

Occupational

Health, Safety and Welfare (Penalties) Amendment Bill.

17.

On the Order of the Day being read for the adjourned debate on the question - That the Sports Drug Testing Bill be now read a second time:

                 Debate resumed.

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

 

Sports Drug

Testing  Bill.

18.

Ordered - That Orders of the Day (Government Business) No. 29 and No. 30 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

19.

Ordered - That Orders of the Day (Government Business) No. 6 to No. 13 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

20.

Ordered - That Orders of the Day (Government Business) No. 15 to No. 18 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

21.

On the Order of the Day being read for the adjourned debate on the question - That the Children’s Protection (Mandatory Reporting and Reciprocal Arrangements) 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. 12 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 Transport and Urban Planning, 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.

 

Children’s

Protection (Mandatory Reporting and Reciprocal Arrangements) Amendment Bill.

22.

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

                 Debate resumed.

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

 

Motor Vehicles (Miscellaneous) Amendment Bill.

  23.

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

Message No. 53

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to provide for the management of public plantation forests; to establish the South Australian Forestry Corporation; to amend the Forestry Act 1950 and the Local Government (Forestry Reserves) Act 1944; and for other purposes, to which it desires the concurrence of the Legislative Council.

House of Assembly, 3 May 2000.                                                                      J.K.G. OSWALD, Speaker.

                 Bill 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.

 

Messages from

House of Assembly:

South Australian Forestry

Corporation Bill.

 

 

Message No. 54

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to encourage commercial investment in forest property; to amend the Real Property Act 1886; and for other purposes, to which it desires the concurrence of the Legislative Council.

House of Assembly, 3 May 2000.                                                                      J.K.G. OSWALD, Speaker.

                 Bill 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.

 

Forestry

Property Bill.

 

 

Message No. 55

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to regulate professional or public boxing or martial art events; to promote safety in boxing and martial arts; and for other purposes, to which it desires the concurrence of the Legislative Council.

House of Assembly, 4 May 2000.                                                                      J.K.G. OSWALD, Speaker.

                 Bill read a first time.

                 The Minister for Transport and Urban Planning then moved - That this Bill be now read a second time.

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

 

Boxing and

Martial Arts

Bill.

 

 

Message No. 56

                 MR. PRESIDENT - The House of Assembly has agreed to the amendment made by the Legislative Council in the Mining (Royalty) Amendment Bill without any amendment.

House of Assembly, 4 May 2000.                                                                      J.K.G. OSWALD, Speaker.

 

Mining (Royalty) Amendment Bill.

24.

Ordered - That the Council, at its rising, do adjourn until Tuesday, 23 May 2000, at fifteen minutes past two o’clock.

 

Next Day

of Sitting.

25.

Council adjourned at six o’clock until Tuesday, 23 May 2000, at fifteen minutes past two o’clock.

 

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. L. H. Davis

The Hon. R. D. Lawson

The Hon. R. I. Lucas

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