SOUTH AUSTRALIA]

No. 46

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  4  JULY  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 Twenty-third Report, 2000-2001 of the Legislative Review Committee, which was read by the Clerk as follows -

                 The Regulations 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, the Committee may decide to take no further action.

                 Regulations referred to -

Water Resources Act 1997- Prescribed Watercourse.

Water Resources Act 1997 - Surface Water Area.

 

Legislative
Review
Committee –
Twenty-third Report,
2000-2001.

 

   3.

The Hon. R. R. Roberts brought up the Twenty-fourth Report, 2000-2001 of the Legislative Review Committee.

 

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

 

   4.

The Hon. A. J. Redford brought up the Twenty-fifth Report, 2000-2001 of the Legislative Review Committee, which was read by the Clerk as follows -

                 The Legislative Review Committee at its meeting on 4 July 2001 considered By-law No. 2 of the Corporation of Playford concerning Moveable Signs, made on 27 February 2001 and laid on the Table of the Council on 1 May 2001.

                 The Committee noted that the By-law was not laid before the Council within six sitting days after it had been made and therefore did not comply with the provisions of subsection 10(3) of the Subordinate Legislation Act 1978 (the Act).

                 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 with respect to the By-law.

          Members are advised that the By-law may be disallowed by Resolution of the Council 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 (6) sitting days after this Report is made to the Council.

 

Legislative
Review
Committee –
Twenty-fifth
Report,
2000-2001.

 

   5.

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

 

Statements
on Matters
of Interest.

 

   6.

The Hon. J.S.L. Dawkins, pursuant to notice, moved - That the Report of the Environment, Resources and Development Committee concerning Urban Tree Protection, be noted.

                 On motion of the Hon. T. G. Roberts, the debate was adjourned until Wednesday, 25 July 2001.

Environment, Resources and Development Committee -
Report on Urban Tree Protection
to be noted -
Motion re.

 

 

   7.

Ordered - That Notice of Motion (Private Business) No. 2 be an Order of the Day for Wednesday, 25 July 2001.

 

Postponement
of Business.

 

   8.

The Hon. T. G. Cameron, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Parliamentary Superannuation Act 1974.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. T. G. Cameron then moved - That this Bill be now read a second time.

                 On motion of the Hon. T. Crothers, the debate was adjourned until Wednesday, 25 July 2001.

 

Parliamentary
Superannuation
(Preservation
of Pensions)
Amendment Bill
2001.

 

   9.

Ordered - separately - That Orders of the Day (Private Business) No. 1 and No. 2 be Orders of the Day for Wednesday, 25 July 2001.

 

Postponement
of Business.

 

10.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. M. J. Elliott - That the Legislative Council urges the South Australian Government to provide assistance to persons affected by the collapse of the HIH Insurance Group and, in particular, policy holders or those making a claim against policy holders:

                 Debate resumed.

                 The Hon. T. G. Roberts moved to amend the motion by leaving out all words after “South Australian Government” and inserting “to investigate the impact of the collapse of HIH Insurance Group on policy holders and claimants against policy holders with the intention of assisting victims caught through no fault of their own and ensuring through legislation that these circumstances do not occur again.”

                 On motion of the Hon. C. V. Schaefer, the debate was adjourned until Wednesday, 25 July 2001.

 

Collapse of
HIH Insurance
Group - State
Government
to provide
assistance -
Motion re.

 

 

11.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. M. J. Elliott - That the Legislative Council urges the South Australian Government to provide assistance to those horticulturalists whose crops were damaged by Benlate, but have been unable to reach a settlement with DuPont:

                 Debate resumed.

                 The Hon. T. G. Roberts moved to amend the motion by leaving out all words after “the South Australian Government” and inserting “to investigate the circumstances surrounding horticulturalists whose crops were affected by Benlate with the intention of offering appropriate assistance”.

                 On motion of the Hon. J.S.L. Dawkins, the debate was adjourned until Wednesday, 25 July 2001.

 

Horticulturalists'
Crops damaged
by Benlate -
State  Government to provide assistance -
Motion re.

 

 

12.

On the Order of the Day being read for the adjourned debate on the question - That the Government Advertising (Objectivity, Fairness and Accountability) Bill be now read a second time:

                 Debate resumed.

                 And the Hon. T. G. Cameron having obtained leave to conclude his remarks, the debate was adjourned and ordered to be resumed on motion.

 

Government
Advertising
(Objectivity,
Fairness and
Accountability)
Bill.

 

13.

At two 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.

Ordered - That the adjourned debate on the question - That the Government Advertising (Objectivity, Fairness and Accountability) Bill be now read a second time - be now resumed.

                 Debate resumed.

                 And the Treasurer having obtained leave to conclude his remarks, the debate was adjourned until next day of sitting.

 

Government
Advertising
(Objectivity,
Fairness and
Accountability)
Bill.

 

15.

Ordered - separately - That Orders of the Day (Private Business) No. 6 to No. 11 be Orders of the Day for Wednesday, 25 July 2001.

 

Postponement
of Business.

 

16.

Ordered - That Order of the Day (Private Business) No. 12 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

 

17.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. M. J. Elliott - 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.:

                 Which the Hon. C. Zollo had moved to amend in paragraph I by leaving out subparagraphs (a) and (b) and inserting the following:

                     “(a)     Examines what sale labelling and marketing restrictions should be imposed on formulated caffeinated beverages, particularly in relation to minors.

                       (b)     Promotes excessive consumption of caffeinated energy drinks as being unsuitable for the general population and that caffeinated energy drinks are particularly unsuitable for children and caffeine-sensitive people.”

                 Debate resumed.

                 Question - That subparagraphs (a) and (b) of paragraph I stand as printed - put and negatived.

                 Question - That new subparagraphs (a) and (b), as proposed to be inserted by the Hon. C. Zollo, be so inserted - put and passed.

                 Question - That the motion moved by the Hon. M. J. Elliott, and as amended by the Hon. C. Zollo, be agreed to - put and passed.

 

Caffeinated
Drinks -
Motion re.

 

18.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. I. Gilfillan -

              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.:

                 Which the Hon. T. Crothers had moved to amend by leaving out paragraph III:

                 Debate resumed.               

                 Question - That paragraph III, proposed to be struck out by the Hon. T. Crothers, stand part of the motion - put and passed.

                 Question - That the motion moved by the Hon. I. Gilfillan be agreed to - put.

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

 

 

     

              Council divided:

Ayes, 12

The Hon. T. G. Cameron

The Hon. T. Crothers

The Hon. M. J. Elliott

The Hon. P. Holloway

The Hon. S. M. Kanck

The Hon. C. A. Pickles

The Hon. R. R. Roberts

The Hon. T. G. Roberts

The Hon. R. K. Sneath

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. I. Gilfillan (Teller)

      So it was resolved in the affirmative.

 

 

Noes, 9

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. K. T. Griffin

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. A. J. Redford

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. R. I. Lucas (Teller)

 

 

 

19.

Ordered - That Orders of the Day (Private Business) No. 15 and No. 16 be Orders of the Day for Wednesday, 25 July 2001.

 

Postponement
of Business.

 

20.

On the Order of the Day being read for 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.:

                 Which the Hon. R. R. Roberts had moved to amend by leaving out all words after “electricity industry”:

                 Debate resumed.

                 Question - That the words proposed to be struck out by the Hon. R. R. Roberts, stand as part of the motion - put.

Creation of
Special Ministry
for Electricity
Supply -
Motion re.

 

 

              Council divided:

Ayes, 3

The Hon. M. J. Elliott

The Hon. I. Gilfillan

The Hon. S. M. Kanck (Teller)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

      So it passed in the negative.

 

Noes, 17

The Hon. T. G. Cameron

The Hon. T. Crothers

The Hon. L. H. Davis

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. R. I. Lucas

The Hon. C. A. Pickles

The Hon. A. J. Redford

The Hon. T. G. Roberts

The Hon. C. V. Schaefer

The Hon. R. K. Sneath

The Hon. J. F. Stefani

The Hon. C. Zollo

The Hon. R. R. Roberts (Teller)

 

 

 

 

                 Question - That the motion moved by the Hon. S. M. Kanck and as amended by the Hon. R. R. Roberts, be agreed to - put.

 

 

 

              Council divided:

Ayes, 9

The Hon. M. J. Elliott

The Hon. I. Gilfillan

The Hon. P. Holloway

The Hon. C. A. Pickles

The Hon. R. R. Roberts

The Hon. T. G. Roberts

The Hon. R. K. Sneath

The Hon. C. Zollo

The Hon. S. M. Kanck (Teller)

 

 

      So it passed in the negative.

 

 

Noes, 11

The Hon. T. G. Cameron

The Hon. T. Crothers

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. K. T. Griffin

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. J. F. Stefani

The Hon. C. V. Schaefer (Teller)

 

 

 

21.

Ordered - separately - That Orders of the Day (Private Business) No. 18 to No. 21 be Orders of the Day for Wednesday, 25 July 2001.

 

Postponement
of Business.

 

22.

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. L. H. Davis, the debate was adjourned until next day of sitting.

 

Dignity in
Dying Bill.

 

23.

Ordered - separately - That Orders of the Day (Private Business) No. 23 to No. 26 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

24.

Ordered - That Order of the Day (Private Business) No. 27 be an Order of the Day for Wednesday, 25 July 2001.

 

Postponement
of Business.

 

25.

Ordered - separately - That Orders of the Day (Private Business) No. 28 to No. 33 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

26.

Ordered - That Order of the Day (Private Business) No. 34 be an Order of the Day for Wednesday, 25 July 2001.

 

Postponement
of Business.

 

27.

Ordered - separately - That Orders of the Day (Private Business) No. 35 to No. 37 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

28.

Ordered - That Order of the Day (Private Business) No. 38 be an Order of the Day for Wednesday, 25 July 2001.

 

Postponement
of Business.

 

29.

Ordered - separately - That Orders of the Day (Private Business) No. 39 and No. 40 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

30.

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

                 Debate resumed.

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

 

Constitution
(Parliamentary
Terms)
Amendment Bill.

 

31.

The Minister for Transport and Urban Planning, pursuant to notice, moved - That she have leave to introduce a Bill for an Act to amend the West Beach Recreation Reserve Act 1987.

                 Question put and passed.

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

 

West Beach
Recreation
Reserve (Review)
Amendment  Bill.

 

32.

The Attorney-General, by leave, and at the request of the Treasurer, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Southern State Superannuation Act 1994.

                 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.

 

Southern State
Superannuation
(Invalidity/Death Insurance)
Amendment Bill.

 

33.

The Attorney-General, by leave, and at the request of the Treasurer, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Governors’ Pensions Act 1976, the Judges’ Pensions Act 1971, the Parliamentary Superannuation Act 1974, the Police Superannuation Act 1990 and the Superannuation Act 1988.

                 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
(Indexation of
Superannuation
Pensions) Bill.

 

34.

The Treasurer, according to order, moved - That the Water Resources (Reservation of Water) Amendment Bill be now read a second time.

                 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.

                 Debate ensued.

_____________________

 

And it being twelve of the clock:

THURSDAY 5 JULY 2001

_____________________

 

                 On motion of the Hon. A. J. Redford, the debate was adjourned until next day of sitting.

 

Water Resources
(Reservation
of Water)
Amendment Bill.

 

35.

The Treasurer, according to order, moved - That the Food Bill be now read a second time.

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

 

Food Bill.

 

36.

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

 

Postponement
of Business.

 

37.

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

 

Next Day
of Sitting.

 

38.

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

Message No. 81

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act for the appropriation of money from the Consolidated Account for the year ending on 30 June 2002 and for other purposes, to which it desires the concurrence of the Legislative Council.

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

                 Bill read a first time.

                 Ordered - That the second reading be an Order of the Day for next day of sitting.

 

Messages from
House of
Assembly:
Appropriation Bill.

 

 

 

Message No. 82

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to establish the Adelaide Cemeteries Authority; to provide for the administration and maintenance of Cheltenham Cemetery, Enfield Memorial Park and West Terrace Cemetery; to repeal the Enfield General Cemetery Act 1944 and the West Terrace Cemetery Act 1976; and for other purposes, with the amendments indicated by the annexed Schedule, to which amendments the House of Assembly desires the concurrence of the Legislative Council.

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

 

Adelaide
Cemeteries
Authority Bill.

 

Schedule of the amendments made by the House of Assembly

No. 1.         New Clause, page 4, after line 10—Insert:

                             “Application of Public Corporations Act 1993

                                        5.  The Authority is a statutory corporation to which the provisions of the Public Corporations Act 1993 apply.”

No. 2.         Clause 22, page 11, line 36—Leave out “or the Treasurer”.

No. 3.         Clause 22, page 12, line 3—Leave out “or the Treasurer”.

No. 4.         Clause 22, page 12, line 4—Leave out “or the Treasurer (as the case may be)”.

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

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

 

 

 

Message No. 83

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to protect the health and safety of the public by providing for the registration of general practitioners, specialists and medical students; to regulate the provision of medical treatment for the purpose of maintaining high standards of competence and conduct by the persons who provide it; to repeal the Medical Practitioners Act 1983; and for other purposes, to which it desires the concurrence of the Legislative Council.

House of Assembly, 4 July 2001.                                                                        J.K.G. OSWALD, Speaker.

                 Bill read a first time.

                 Ordered - That the second reading be an Order of the Day for next day of sitting.

 

Medical
Practice Bill.

 

Message No. 84

                 MR. PRESIDENT - The House of Assembly has agreed to the Resolution contained in Message No. 73 from the Legislative Council relating to the Joint Committee on Transport Safety, without any amendment.

House of Assembly, 4 July 2001.                                                                        J.K.G. OSWALD, Speaker.

 

Joint Committee
on Transport

Safety -
Instruction to
inquire into
National Road
Safety Strategy
2001-2010 -
Motion re.

 

39.

Council adjourned at twelve minutes past twelve o’clock midnight 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. 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