[SOUTH AUSTRALIA]

No. 34

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY  4  AUGUST  1998

 

 

 

   1.

Council met pursuant to adjournment.  The President (The Hon. J. C. Irwin) took the Chair.

                 The President read prayers.

 

Meeting of

Council.

    2.

A Messenger from the Governor having been announced by Black Rod, the following Message was received and read:

Message No. 8.

                 The Governor informs the Legislative Council that, in the name and on behalf of Her Majesty The Queen, the following Acts have been assented to during the present Session, viz.:

                 No. 36 of 1998 - An Act to amend the Stamp Duties Act 1923.

                 No. 37 of 1998 - An Act to amend the Barley Marketing Act 1993.

                 No. 38 of 1998 - An Act to amend the Gaming Machines Act 1992.

                 No. 39 of 1998 - An Act to amend the Non-Metropolitan Railways (Transfer) Act 1997.

Government House, Adelaide, 4 August 1998.                                                          E. J. NEAL, Governor.

 

Message from

Governor:

Assent to Bills.

   3.

Answers to Questions on Notice Nos. 24, 98, 117, 121, 147, 148, 152,168, 205, 207 to 209, 212, 213, 215 to 218, 221, 223 and 236 to 239 received this day were tabled by the President who directed that they be distributed and printed in Hansard.

 

Answers to

Questions on

Notice.

 

   4.

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

        By the Treasurer (The Hon. R. I. Lucas) -

                 The University of Adelaide - Report 1997.

                 Racing Act 1976 - Greyhound Racing Rules - Principal.

                 District Council By-laws -

                       Barossa - No. 9 - Height of Fences, Hedges and Hoardings near Intersections.

                 The University of Adelaide - Council Statutes.

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

                 Regulations under the following Acts -

                       Daylight Saving Act 1971 - 1998-99 Summer Time.

                       Fisheries Act 1982 - Rock Lobster Fisheries - General.

                 South Australian Ports Corporation - Charter.

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

                 Regulations under the following Acts -

                       Psychological Practices Act 1973 - Fees.

                       Road Traffic Act 1961 - Declaration of Hospitals.

                 North Western Adelaide Health Service - By-law.

                 Development Act 1993 - Report on the Interim Operation of the City of Port Adelaide Enfield - Enfield (City) Development Plan - Former Hillcrest Hospital Land Plan Amendment.

 

Papers.

   5.

The Minister for Transport and Urban Planning tabled a copy of a Ministerial Statement made by the Minister for Environment, Heritage and Aboriginal Affairs (The Hon. D. C. Kotz, M.P.) concerning water contamination.

 

Paper Tabled.

   6.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 6 be postponed and taken into consideration after Order of the Day (Government Business) No. 7.

 

Postponement

of Business.

 

   7.

Ordered - That Order of the Day (Government Business) No. 7 be postponed and taken into consideration after Order of the Day (Government Business) No. 8.

 

Postponement

of Business.

 

   8.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Police Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 5 agreed to.

                          Clause No. 6 amended and agreed to.

                          Clause No. 7 agreed to.

                          Clause No. 8 amended and agreed to.

                          Clauses No. 9 and No. 10 agreed to.

                          Clause No. 11 amended and agreed to.

                          Clause No. 12 agreed to.

                          Clause No. 13 amended and agreed to.

                          Clauses No. 14 and No. 15 agreed to.

                          Clause No. 16 amended and agreed to.

                          Clause No. 17 amended and agreed to.

                          Clauses No. 18 to No. 21 agreed to.

                          Clause No. 22 amended and agreed to.

                          Clause No. 23 read.

                 The Attorney-General moved on page 10, line 14, to leave out “An” and insert “Subject to subsection (1a), an”.

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

                          Clause No. 23 otherwise amended and agreed to.

                          Clauses No. 24 to No. 26 agreed to.

                          Clause No. 27 read.

                 The Attorney-General moved on page 11, lines 21 and 22, to leave out subclause (1) and insert the following:

                                     “(1)  Subject to this section, a person’s appointment to a position in S.A. Police will be on probation for a period determined by the Commissioner not exceeding -

                           (a)    in the case of a person who, immediately before appointment, was not a member of S.A. Police - two years; or

                           (b)    in any other case - one year.”

                 The Hon. I. Gilfillan moved on page 11, line 22, to leave out “two years” and insert “one year”.

                 Question - That all words in lines 21 and 22 down to but excluding “two years” stand as printed - put and passed.

                 Question - That the amendment moved by the Hon. I. Gilfillan be agreed to - put and passed.

                          Clause No. 27 as amended and otherwise amended, agreed to.

                          Clause No. 28 amended and agreed to.

                          Clause No. 29 amended and agreed to.

                          Clauses No. 30 to No. 34 agreed to.

                          Clause No. 35 amended and agreed to.

                          Clauses No. 36 to No. 41 agreed to.

                          Clause No. 42 amended and agreed to.

                          Clause No. 43 amended and agreed to.

                          Clauses No. 44 to No. 46 agreed to.

                          Clause No. 47 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.

 

Police Bill.

   9.

At five 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.

 

10.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Police Bill.

 

In the Committee

 

                          Clause No. 47 further considered, amended and agreed to.

                          Clause No. 48 and No. 49 agreed to.

                          New clause No. 49A inserted.

                          New clause No. 49B inserted.

                          New clause No. 49C inserted.

                          Clause No. 50 agreed to.

                          Clause No. 51 amended and agreed to.

                          Clause No. 52 amended and agreed to.

                          Clause No. 53 amended and agreed to.

                          Clause No. 54 struck out.

                          New clause No. 54 inserted.

                          Clause No. 55 struck out.

                          Clauses No. 56 to No. 60 agreed to.

                          New clause No. 60A inserted.

                          Clauses No. 61 to No. 65 agreed to.

                          Clause No. 66 amended and agreed to.

                          Clauses No. 67 to No. 72 agreed to.

                          Schedule 1 amended and agreed to.

                          Schedule 2 agreed to.

                          Schedule 3 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; 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.

 

Police Bill.

11.

On the Order of the Day being read for the adjourned debate on the question - That the Police (Complaints and Disciplinary Proceedings) (Miscellaneous) 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.

 

Police (Complaints and Disciplinary Proceedings) (Miscellaneous) Amendment Bill.

 

12.

Ordered - That Order of the Day (Government Business) No. 1 be an Order 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 Electoral (Abolition of Compulsory Voting) Amendment Bill be now read a second time:

                 Debate resumed.

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

 

Electoral

(Abolition of Compulsory Voting)

Amendment Bill.

 

14.

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

 

Postponement

of Business.

 

15.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of Message No. 72 from the House of Assembly relating to the Valuation of Land (Miscellaneous) Amendment Bill.

 

In the Committee

 

                          Resolved - That the amendments be insisted on.

_____________________

 

                 The President resumed the Chair and reported accordingly; whereupon the Council adopted such report.

 

Valuation

of Land (Miscellaneous) Amendment

Bill.

16.

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

 

Postponement

of Business.

 

  17.

Council adjourned at eight minutes past ten o’clock until tomorrow, at fifteen minutes past two o’clock.

 

Adjournment.

 

 

_________________________

 

 

 

 

 

Members present during any part of the sitting:

 

 

 

The Hon. T. G. Cameron

The Hon. T. Crothers

The Hon. L. H. Davis

The Hon. 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. J. F. Stefani

The Hon. G. Weatherill

The Hon. N. Xenophon

The Hon. C. Zollo