SOUTH AUSTRALIA]

No. 81

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  4  JUNE  2003

 

 

 

   1.

Council met pursuant to adjournment.  The President (The Hon. R. R. Roberts) took the Chair.

                 The President read prayers.

 

Meeting of
Council.

 

    2.

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

        By the Minister for Agriculture, Food and Fisheries (The Hon. P. Holloway) -

                 Regulations under the following Acts -

                          Firearms Act 1977 - Application, Licence Fees.

                          Land Tax Act 1936 - Certificates Fees.

                          Petroleum Products Regulation Act 1995 - Fees.

                          Tobacco Products Regulation Act 1997 - Licence Fees.

        By the Minister for Mineral Resources Development (The Hon. P. Holloway) -

                 Regulations under the following Acts -

                          Mines and Works Inspection Act 1920 - Fees.

                          Mining Act 1971 - Fees, Annual Fees and Rents.

                          Opal Mining Act 1995 - Fees.

                          Petroleum Act 2000 - Application, Licence Fees.

                          Petroleum (Submerged Lands) Act 1982 - Fees.

        By the Minister for Aboriginal Affairs and Reconciliation (The Hon. T. G. Roberts) -

                 Regulations under the following Acts -

                          Adoption Act 1988 - Fees.

                          Associations Incorporation Act 1985 - Fees.

                          Authorised Betting Operations Act 2000 - Licence Fees.

                          Bills of Sale Act 1886 - Fees.

                          Births, Deaths and Marriages Registration Act 1996 - Application Fees.

                          Botanic Gardens and State Herbarium Act 1978 - Admission, Advisory and Identification Fees.

                          Building Work Contractors Act 1995 - Fees.

                          Business Names Act 1996 - Fees.

                          Community Titles Act 1996 - Fees.

                          Controlled Substances Act 1984 -

                                   Pesticide Licence Fees.

                                   Poisons, Licence Fees.

                          Conveyancers Act 1994 - Fees.

                          Co-operatives Act 1994 - Fees.

                          Cremation Act 2000 - Permit Fee.

                          Criminal Law (Sentencing) Act 1988 - Forms, Fees.

Papers.

 

 

                          Crown Lands Act 1929 - Application, Document and Miscellaneous Fees.

                          Dangerous Substances Act 1979 - Licence and Other Fees.

                          Development Act 1993 -

                                   Private Certifiers, Fees.

                                   Significant Trees Variation.

                          District Court Act 1991 - Criminal, Civil Division Fees.

                          Environment Protection Act 1993 -

                                   Beverage Container Fees.

                                   Fees and Levy.

                          Environment, Resources and Development Court Act 1993 -

                                   General Jurisdiction Fees.

                                   Native Title Fees.

                          Explosives Act 1936 - Explosives and Fireworks Fees.

                          Fees Regulation Act 1927 -

                                   Probate, Guardianship Fees.

                                   Proclaimed Managers and Justices Fees.

                                   Registered Agents Fees.

                          Freedom of Information Act 1991 - Fees and Charges.

                          Gaming Machines Act 1992 - Indemnity, General Fees.

                          Goods Securities Act 1986 - Fees.

                          Harbors and Navigation Act 1993 - Schedule 14 Fees.

                          Heritage Act 1993 - Fees.

                          Historic Shipwrecks Act 1982 - Register Copy Fees.

                          Housing Improvement Act 1940 - Section 60 Statement Forms.

                          Industrial and Employee Relations Act 1994 - Agents Fees Revoked.

                          Land Agents Act 1994 - Fees.

                          Liquor Licensing Act 1997 -

                                   Application and Licence Fees.

                                   Dry Areas - Coober Pedy.

                          Local Government Act 1999 - Schedule 2 Fees.

                          Lottery and Gaming Act 1936 - Licence Fees.

                          Magistrates Court Act 1991 - Civil, Criminal Division Fees.

                          Motor Vehicles Act 1959 -

                                   Expiation Fees.

                                   Schedule 5 Fees.

                          National Parks and Wildlife Act 1972 -

                                   Hunting Fees.

                                   Kangaroo Harvesting.

                                   Wildlife Fees, Permits, Royalties.

                          Occupational Health, Safety and Welfare Act 1986 - Inspection, Application and Licence Fees.

                          Partnership Act 1891 - Fees.

                          Passenger Transport Act 1994 - Schedule 4 Fees.

                          Pastoral Land Management and Conservation Act 1989 - Lease Fees.

                          Plumbers, Gas Fitters and Electricians Act 1995 - Periodic Fee and Return, Fees.

                          Prevention of Cruelty to Animals Act 1985 - Fees.

                          Private Parking Areas Act 1986 - Expiation Fees.

                          Public and Environmental Health Act 1987 - Waste Control Fees.

                          Public Trustee Act 1995 - Commission and Fees.

                          Radiation Protection and Control Act 1982 - Ionising Radiation Fees.

                          Real Property Act 1886 -

                                   Fees.

                                   Land Division Fees.

                          Registration of Deeds Act 1935 - Fees.

                          Roads (Opening and Closing) Act 1991 - Fees.

                          Road Traffic Act 1961 -

                                   Expiation Fees.

                                   Miscellaneous Fees.

                          Second-hand Vehicle Dealers Act 1995 - Fees.

                          Security and Investigation Agents Act 1995 - Fees.

                          Sexual Reassignment Act 1988 - Certificate Fees.

 

 

 

                          Sheriff’s Act 1978 - Fees.

                          South Australian Health Commission Act 1976 -

                                   Private Hospitals Fees.

                                   Recognised Hospitals and Health Centre.

                          State Records Act 1997 - Document Record and Other Fees.

                          Strata Titles Act 1988 - Fees.

                          Summary Offences Act 1953 - Application Fee.

                          Supreme Court Act 1935 -

                                   Fees.

                                   Probate Fees.

                          Trade Measurement Administration Act 1993 - Application and Licence Fees, Testing Charges.

                          Travel Agents Act 1986 - Fees.

                          Valuation of Land Act 1971 - Fees and Allowances.

                          Water Resources Act 1997 - Permit, Licence and Other Fees.

                          Worker’s Liens Act 1893 - Fees.

                          Youth Court Act 1993 - Fees.

 

 

 

   3.

The Hon. J. M. Gazzola brought up the Twenty-Eighth Report, 2002-2003 of the Legislative Review Committee, which was read by the Clerk as follows -

                 The Regulations and By-law listed hereunder are at present being considered by the Legislative Review Committee.  Evidence is being taken on these matters and it is necessary for Notices of Motion for Disallowance to be given in both Houses before the expiration of 14 sitting days, to allow the Committee time to complete its deliberations.

                 Honourable Members are warned that after further consideration has been given to the
Regulations and By-law, the Committee may decide to take no further action.

                 Regulations referred to -

Recreational Services (Limitation of Liability) Act 2002 - Code Requirements.

Criminal Law (Forensic Procedures) Act 1998 - Qualified Persons Fees.

                 By-law referred to -

Local Government Act 1999 - Renmark Paringa Council - By-law No. 7 - Cemeteries.

 

Legislative
Review
Committee -
Twenty-Eighth
Report, 2002-2003.

 

   4.

The Hon. J. M. Gazzola brought up the Twenty-Ninth Report, 2002-2003 of the Legislative Review Committee.

Legislative
Review
Committee -
Twenty-Ninth
Report, 2002-2003.

 

 

   5.

The Hon. J. M. Gazzola, by leave, tabled the Report of the Legislative Review Committee on Regulations under the Fisheries Act 1982, concerning Giant Crabs, together with Minutes of Evidence and submissions.

                 Ordered - That the Report be Printed.  (Paper No. 210)

 

Legislative Review
Committee -
Report -
Fisheries Act -
Regulations -
Giant Crabs.

 

 

   6.

The Minister for Agriculture, Food and Fisheries tabled a copy of a Ministerial Statement made by the Premier (The Hon. M. D. Rann, M.P.) concerning the Economic Development Board.

 

Paper Tabled.

 

   7.

The Hon. J. M. Gazzola, by leave, withdrew Notice of Motion given earlier this day concerning District Council of Renmark Paringa By-law No. 7 concerning Cemeteries.

 

Notice of Motion withdrawn.

 

   8.

In accordance with Sessional Standing Order, the President called on Members to make Statements on Matters of Interest.

 

Statements on
Matters of Interest.

 

9.

Ordered - That Notices of Motion (Private Business) No. 1 and No. 2 and Orders of the Day (Private Business) No. 1 to No. 5 be postponed and taken into consideration after Order of the Day (Private Business) No. 6.

 

Postponement
of Business

 

10.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. D. V. Laidlaw - That this Council condemns the Member for Hammond for the injurious comments on the Hon. D. V. Laidlaw and the Legislative Council in general in the other place on 14 May 2003 when addressing the Constitution (Gender Neutral Language) Amendment Bill.

Injurious Comments by Member for Hammond -
Motion re.

 

 

                 Which the Hon. J. F. Stefani moved to amend by inserting after “Bill” the words “and requests the President to seek an unequivocal retraction and apology in writing from the Member for Hammond for the reflections on the Legislative Council, its Members and Staff”:

                 Debate resumed.

                 The Hon. R. I. Lucas moved to amend the amendment moved by the Hon. J. F. Stefani by leaving out “requests the President to seek” and inserting “calls on the Member for Hammond to issue” and leaving out “in writing from the Member for Hammond”.

                 Question - That the amendment moved by the Hon. R. I. Lucas to the words proposed to be inserted by the Hon. J. F. Stefani, be agreed to - put and passed.

                 Question - That the words proposed to be inserted by the Hon. J. F. Stefani, and as amended by the Hon. R. I. Lucas, be so inserted - put.

 

 

             Council divided:

Ayes, 15

The Hon. T. G. Cameron

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. K. J. Reynolds

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. T. J. Stephens

The Hon. N. Xenophon

The Hon. D. V. Laidlaw (Teller)

      So it was resolved in the affirmative.

 

Noes, 6

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. T. G. Roberts

The Hon. R. K. Sneath

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

 

                 Question - That the motion moved by the Hon. D. V. Laidlaw and as amended by the Hon. J. F. Stefani and the Hon. R. I. Lucas, be agreed to - put and passed.

 

 

11.

Ordered - That Notices of Motion (Private Business) No. 1 and No. 2, Orders of the Day (Private Business) No. 1 to No. 5 and No. 7 to No. 61, Notice of Motion (Government Business) No. 1 and Orders of the Day (Government Business) No. 1 to No. 11 be postponed and taken into consideration after Order of the Day (Government Business) No. 12.

 

Postponement
of Business

12.

On the Order of the Day being read for the adjourned debate on the question - That the Shop Trading Hours (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. 6 agreed to.

                          Clause No. 7 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.

 

Shop Trading Hours
(Miscellaneous)
Amendment Bill.

13.

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.

  14.

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

 

In the Committee

 

                          Clause No. 7 further considered.

                 The Hon. R. D. Lawson moved on page 8, after line 15, to insert new subclause as follows:

                          “(6)  A person is not obliged to provide any bank statements under this section.”

                 Question - That the amendment be agreed to - put.

Shop Trading Hours
(Miscellaneous)
Amendment Bill.

 

             Committee divided:

Ayes, 12

The Hon. T. G. Cameron

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. D. V. Laidlaw

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. T. J. Stephens

The Hon. N. Xenophon

The Hon. R. D. Lawson (Teller)

      So it was resolved in the affirmative.

 

Noes, 9

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. I. Gilfillan

The Hon. P. Holloway

The Hon. S. M. Kanck

The Hon. K. J. Reynolds 

The Hon. R. K. Sneath

The Hon. C. Zollo

The Hon. T. G. Roberts (Teller)

 

 

 

                          Clause No. 7 as amended and otherwise amended, agreed to.

                          New clause No. 7A inserted.

                          Clauses No. 8 to No. 10 agreed to.

                          Clause No. 11 read.

                 The Hon. R. D. Lawson moved on page 9, lines 10 to 15, to leave out paragraph (c) and insert new paragraph as follows:

                          “(c) from 11.00 a.m. to 5.00 p.m.—

(i)      on each of the 9 Sundays immediately preceding Christmas day 2003; and

(ii)     on 28 December 2003.”

                 Question - That the amendment be agreed to - put.

 

 

             Committee divided:

Ayes, 13

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. D. V. Laidlaw

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. K. J. Reynolds

The Hon. D. W. Ridgway

The Hon. J. F. Stefani

The Hon. T. J. Stephens

The Hon. N. Xenophon

The Hon. R. D. Lawson (Teller)

      So it was resolved in the affirmative.

 

Noes, 6

The Hon. T. G. Cameron

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. T. G. Roberts

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

 

                 The Hon. R. D. Lawson moved on page 9, after line 15, to insert new subclause as follows:

                          “(3)  Subject to this section, on and after 1 July 2004, the shopkeeper of a shop situated in the Greater Adelaide Shopping District may open the shop at any time on any day.”

                 Question - That the amendment be agreed to - put.

 

 

             Committee divided:

Ayes, 6

The Hon. J.S.L. Dawkins

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. D. W. Ridgway

The Hon. T. J. Stephens

The Hon. R. D. Lawson (Teller)

 

 

 

 

 

 

      So it passed in the negative.

 

Noes, 12

The Hon. T. G. Cameron

The Hon. A. L. Evans

The Hon. J. M. Gazzola

The Hon. I. Gilfillan

The Hon. P. Holloway

The Hon. S. M. Kanck 

The Hon. K. J. Reynolds

The Hon. R. K. Sneath

The Hon. J. F. Stefani

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. T. G. Roberts (Teller)

 

 

 

                 The Hon. R. D. Lawson moved on page 9, lines 21 to 29, to leave out subclauses (3), (4), (5), (6) and (7) and insert the following subclauses:

                                   “(3) Section 13(5a), (5b), (5c) and (5d)—delete subsections (5a), (5b), (5c) and (5d) and substitute:

                                   (5a) Subject to this section, the shopkeeper of a shop situated in a shopping district the business of which is solely or predominantly—

                          (a)    the retail sale of boats; or

                          (b)    the retail sale of motor vehicles (other than caravans or trailers),

                          may open the shop during the relevant periods determined under subsection (5b).

                                   (5b) The periods that apply under subsection (5a) in respect of the opening of a shop will be periods determined on a 5-yearly basis in accordance with the following scheme:

                          (a)    until 30 June 2008, the periods that apply in respect of both categories of business referred to in subsection (5a) will be as follows:

                                    (i)      until 6.00 p.m. on a Monday, Tuesday and Wednesday; and

                                    (ii)     until 9.00 p.m. on a Thursday and Friday; and

                                    (iii)    until 5.00 p.m. on a Saturday;

                          (b)    for each ensuing period of 5 years, in respect of the 2 categories of business referred to in subsection (5a) (which must be dealt with separately), an industry association or other body approved or specified by the Minister by notice in the Gazette at least 3 months before the commencement of the ensuing period must, in a manner approved or specified by the Minister, conduct a ballot of persons whose businesses fall into the relevant category to determine whether the shop trading hours that apply under this Act in respect of their category of business should be altered and, if so, what should be the new hours, and if the majority of persons who validly cast a vote in the ballot indicate agreement to change to a new set of shop trading hours for their category of business, then those new hours will determine the periods that are to apply for the ensuing 5‑year period but otherwise the periods will remain unchanged for the ensuing 5-year period.

                                   (5c) For the purposes of subsection (5b)(b)

                          (a)    the same association or body may conduct both ballots (but the ballots must be conducted separately); and

                          (b)    the Minister may, by notice in the Gazette, report the result of any ballot; and

                          (c)    the Minister may, by notice published in the Gazette, make any necessary or ancillary provision in connection with a ballot.

                                   (5d) Nothing in subsection (1), (2) or (3) entitles the shopkeeper of a shop referred to in subsection (5a) that is situated in the Greater Adelaide Shopping District to open the shop for any additional hours under those subsections, or on a Sunday.”

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

 

 

                 The Hon. R. D. Lawson moved on page 10, after line 1, to insert new subsection as follows:

                                   “(5g) On and after 1 July 2004, a shop that falls within the ambit of any paragraph under subsection (5e) that is situated in the Greater Adelaide Shopping District may open the shop at any time on any day, including Anzac Day, but not on Good Friday or Christmas Day.”

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

                 The Hon. R. D. Lawson moved on page 10, after line 8, to insert new subsection as follows:

                                   “(7a) From 1 July 2004, shops in the Greater Adelaide Shopping District may be open—

                          (a)    after 1 p.m. on Anzac Day in any year; and

                          (b)    at any time on any other public holiday, other than Good Friday, Easter Sunday or Christmas Day in any year.”

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

                 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 thirty minutes past nine o’clock the sitting was suspended until the ringing of the bells.

                 At four minutes to ten o’clock the sitting was resumed.

 

Suspensions and
Resumption of
Sitting.

 

  16.

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

 

In the Committee

 

                          Clause No. 11 further considered and as amended and otherwise amended, agreed to.

                          Clauses No. 12 to No. 16 agreed to.

                          Clause No. 17 amended and agreed to.

                          Clauses No. 18 and 19 agreed to.

                          Schedule read.

                 The Hon. R. D. Lawson moved on page 13, after line 25, to insert the following:

                          “Review of awards

                                   3a. (1) The purpose of this clause is to make provision for the review of awards in the retail industry by the Full Commission of the Industrial Relations Commission of South Australia (the "Commission") on account of the special circumstances that arise by virtue of the enactment of this Act.

                                   (2) Nothing in this clause is intended—

                          (a)    to derogate from the independence of the Commission; or

                          (b)    to limit the powers of the Commission with respect to any matter; or

                          (c)    to limit the ability of any person or body to initiate or participate in proceedings before the Commission, to make submissions to the Commission, or to exercise any other right under the Industrial and Employee Relations Act 1994.

                                   (3) Subject to this clause, a party to a retail industry award may apply to the Commission for a review of the award.

                                   (4) An application under subclause (3) must be made within 2 months after the commencement of this Act.

                                   (5) If due application is made under this clause, the Full Commission must, subject to this clause, review the award under Chapter 3 Part 3 Division 2 of the Industrial and Employee Relations Act 1994.

                                   (6) A review of an award initiated under this clause—

                          (a)    must include a review of, and incorporate fresh determinations in relation to—

                                    (i)      the appropriate spread of hours for ordinary time work over the period of a week, and over any other appropriate period (if relevant) under the award; and

                                    (ii)     the rates of remuneration (including as to any penalties or loadings) payable under the award to employees who work in a shop; and

                          (b)    may relate to any other matter that, in the opinion of the Commission, is relevant on account of the operation of this Act; and

                          (c)    must be completed by 31 May 2004 and take effect on 1 July 2004.

                                   (7) In undertaking a review under this clause, the Commission is to—

                          (a)    take into account the objects of the Industrial and Employee Relations Act 1994, with particular reference to section 3(b), (c) and (n) of that Act; and

Shop Trading Hours
(Miscellaneous)
Amendment Bill.

 

                          (b)    have regard to the desirability of maximising employment and economic efficiency within the retail industry in the State, including by—

                                    (i)      encouraging higher levels of employment in the retail industry; and

                                    (ii)     ensuring that labour costs are economically sustainable for businesses in the retail industry; and

                                    (iii)    providing a fair rate of remuneration for employees who work in the retail industry; and

                                    (iv)    enabling businesses in the retail industry to trade without the imposition of excessive costs for doing so; and

                                    (v)     promoting efficiency and productivity in the retail industry; and

                          (c)    give consideration to the nature of the labour market that works, or is likely to work, in the retail industry (including, but not limited to, work on Sundays); and

                          (d)    give consideration to the circumstances of the various kinds of businesses in the retail industry that may be open on Sundays, including the circumstances of small and medium sized businesses operated by the proprietors of the businesses or by members of their families; and

                          (e)    give consideration to the ordinary time penalty rates that apply in the other States, and in the Territories, for similar trading arrangements; and

                          (f)     give consideration to the desirability of including in the award a variety of options and flexible arrangements to assist in making Sunday trading worthwhile and viable; and

                          (g)    give consideration to any additional transitional arrangements that are appropriate in view of the operation of this Act,

                          and the Commission may consider such other matters as the Commission thinks fit.

                                   (8) Without limiting subclause (7), in undertaking a review under this clause, the Commission is to use its best endeavours to ensure that it does not impose a cost structure within the retail industry—

                          (a)    that is economically unsustainable within the industry, or a significant part of it, especially taking into account the position of small and medium sized businesses; or

                          (b)    that has the effect of imposing unfair costs on small or medium sized businesses operated by proprietors who wish to trade on Sundays (especially those businesses where employees may be required to work on Sundays); or

                          (c)    that reduces the capacity of the proprietors of businesses, and in particular small and medium sized businesses, from employing staff to the maximum possible extent on Sundays; or

                          (d)    that has the effect of requiring the proprietors of small or medium sized businesses to work on Sundays themselves rather than employing staff on that day; or

                          (e)    that unduly diminishes the competitiveness of small or medium sized businesses that open on Sundays; or

                          (f)     that is higher for small or medium sized businesses than the cost structure that applies to larger sized businesses; or

                          (g)    that is likely to impact adversely on the price of goods or services purchased by customers within the retail industry.

                                   (9) As part of a review, the Commission is to give the parties to the award a reasonable opportunity to make submissions, and take those submissions into consideration, and may (as the Commission thinks fit) allow any other person with a relevant interest to appear and make submissions.

                                   (10) In this clause—

                          "retail industry award" means an award under the Industrial and Employee Relations Act 1994 that provides for the remuneration of persons employed in a shop;

                          "shop" means a shop within the meaning of the Shop Trading Hours Act 1977.”

                 Question - That the amendment be agreed to - put.

 

 

             Committee divided:

Ayes, 11

The Hon. J.S.L. Dawkins

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. D. V. Laidlaw

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. K. J. Reynolds

The Hon. D. W. Ridgway

The Hon. J. F. Stefani

The Hon. T. J. Stephens

The Hon. R. D. Lawson (Teller)

      So it was resolved in the affirmative.

 

Noes, 6

The Hon. T. G. Cameron

The Hon. A. L. Evans

The Hon. J. M. Gazzola

The Hon. T. G. Roberts

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

 

                 The Hon. R. D. Lawson moved on page 13, after line 25, to insert the following:

                          “Business advisory service

                                   3A. (1) The Minister must ensure that a business advisory service (including, but not limited to, a telephone advisory service) is available to assist the proprietors of businesses in the retail industry who may be affected by the introduction of new shopping hours under this Act.

                                   (2) A service under subclause (1)—

                          (a)    must be able to provide advice on accounting, legal, tenancy and other relevant issues, with particular reference to the needs of small and medium sized businesses; and

                          (b)    must be available at times that are reasonably accessible to the proprietors of businesses, especially the proprietors of small and medium sized businesses; and

                          (c)    must be maintained for at least 12 months from the commencement of this Act.”

                 The Hon. T. G. Cameron moved to amend the amendment in proposed subclause (2)(a) after “legal” by inserting “industrial relations”.

_____________________

 

And it being twelve of the clock:

THURSDAY 5 JUNE 2003

_____________________

 

                 The Hon. T. G. Cameron moved to further amend the amendment by leaving out in the first line of subclause (1) “a business” and inserting “an”, in line 2 of subclause (1) by inserting after “proprietors of businesses” the words “and employees”, in line 2 of subclause (2)(a) by inserting after “needs of” the words “the proprietors of” and by inserting after “medium sized businesses” the words “and their employees”, in line 1 of subclause (2)(b) by leaving out “the proprietors of businesses” and inserting “people involved in the retail industry” and in line 2 by inserting after “medium sized businesses” the words “and their employees”.

                 Question - That the amendments moved by the Hon. T. G. Cameron to the amendment moved by the Hon. R. D. Lawson, be agreed to - put and passed.

                 Question - That the amendment moved by the Hon. R. D. Lawson and as amended by the Hon. T. G. Cameron, be agreed to - put and passed.

                          Schedule as amended, 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.

                 Ordered - That the Bill be recommitted in respect of clause No. 11.

                 The President then left the Chair, and the Council resolved itself into a Committee of the Whole for the reconsideration of clause No. 11.

 

 

 

In the Committee

 

                          Clause No. 11 further reconsidered.

                 The Hon. A. J. Redford moved on page 9, lines 1 to 5, to leave out subsection (1) and insert the following:

                                   “(1) Subject to this section, the shopkeeper of a shop situated in the Central Shopping District or the Glenelg Tourist Precinct may open the shop at any time on any day.”

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

                          Clause No. 11 further amended and agreed to.

____________________

 

                 The President resumed the Chair, and reported that the Committee had reconsidered the Bill and had agreed to the same with a further amendment; whereupon the Council adopted such reports.

                 The Minister for Aboriginal Affairs and Reconciliation, 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 Aboriginal Affairs and Reconciliation then moved - That this Bill be now read a third time.

                 Debate ensued.

                 Question put.

 

 

             Council divided:

Ayes, 13

The Hon. T. G. Cameron

The Hon. J.S.L. Dawkins

The Hon. J. M. Gazzola

The Hon. P. Holloway

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. D. W. Ridgway

The Hon. R. K. Sneath

The Hon. T. J. Stephens

The Hon. C. Zollo

The Hon. T. G. Roberts (Teller)

      So it was resolved in the affirmative.

 

Noes, 5

The Hon. A. L. Evans

The Hon. S. M. Kanck

The Hon. K. J. Reynolds

The Hon. J. F. Stefani

The Hon. I. Gilfillan (Teller)

 

 

 

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

 

17.

Ordered - That Notices of Motion (Private Business) No. 1 and No. 2, Orders of the Day (Private Business) No. 1 to No. 5 and No. 7 to No. 61 be postponed and taken into consideration after Notice of Motion (Government Business) No. 1.

 

Postponement
of Business

18.

The Minister for Aboriginal Affairs and Reconciliation, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to provide for the establishment of the Aboriginal Lands Parliamentary Standing Committee; to define the functions, powers and duties of that Committee; to amend the Aboriginal Lands Trust Act 1966 and the Parliamentary Remuneration Act 1990; and for other purposes.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Minister for Aboriginal Affairs and Reconciliation then moved - That this Bill be now read a second time.

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

 

Aboriginal Lands
Parliamentary
Standing Committee
Bill.

19.

Ordered - That Notices of Motion (Private Business) No. 1 and No. 2, Orders of the Day (Private Business) No. 1 to No. 5 and No. 7 to No. 61 and Orders of the Day (Government Business) No. 1 to No. 11 and No. 13 be Orders of the Day for next day of sitting.

 

Postponement
of Business

20.

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

 

Next Day
of Sitting.

 

21.

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

Message No. 114

                 MR. PRESIDENT - The House of Assembly requests that the Legislative Council give permission to the Minister for Agriculture, Food and Fisheries (Hon. P. Holloway) and the Minister for Aboriginal Affairs and Reconciliation (The Hon. T. G. Roberts), Members of the Legislative Council, to attend and give evidence before the Estimates Committees of the House of Assembly on the Appropriation Bill.

House of Assembly, 4 June 2003.                                                                                I. P. LEWIS, Speaker.

                 Ordered - That the Message be taken into consideration forthwith.

                 Resolved - on motion of the Minister for Agriculture, Food and Fisheries - That the Minister for Agriculture, Food and Fisheries and the Minister for Aboriginal Affairs and Reconciliation have leave to attend and give evidence before the Estimates Committee of the House of Assembly on the Appropriation Bill, if they think fit.

 

Messages from
House of Assembly:
Estimates
Committees -
Legislative Council
Ministers leave
to attend.

 

 

Message No. 115

                 MR. PRESIDENT - The House of Assembly has agreed to the amendments made by the Legislative Council in the Statutes Amendment (Equal Superannuation Entitlements for Same Sex Couples) Bill without amendment.

House of Assembly, 4 June 2003.                                                                                I. P. LEWIS, Speaker.

 

Statutes
Amendment (Equal
Superannuation
Entitlements for
Same Sex Couples) Bill.

 

 

Message No. 116

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith entitled an Act to amend the Mining Act 1971 and the Opal Mining Act 1995 without any amendment.

House of Assembly, 4 June 2003.                                                                                I. P. LEWIS, Speaker.

 

Mining
(Miscellaneous)
Amendment Bill.

 

22.

Council adjourned at ten minutes to one o’clock a.m. until today at eleven o’clock a.m.

 

Adjournment.

 

_________________________

 

 

 

 

 

Members present during any part of the sitting:

 

 

 

The Hon. T. G. Cameron

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. I. Gilfillan

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. K. J. Reynolds

The Hon. D. W. Ridgway

The Hon. T. G. Roberts The Hon. C. V. Schaefer

The Hon. R. K. Sneath

The Hon.  J. F. Stefani

The Hon. T. J. Stephens

The Hon. C. Zollo

The Hon. N. Xenophon