[SOUTH AUSTRALIA]

No. 3

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

THURSDAY 4 DECEMBER 1997

 

 

 

   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 Treasurer (The Hon. R. I. Lucas), without notice, moved - That the Standing Orders be so far suspended as to enable Petitions, the Tabling of Papers and Question Time to be taken into consideration at fifteen minutes past two o’clock.

                 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.

   3.

On the Order of the Day being read for the adjourned debate on the question - That the Address-in- Reply, as read, be adopted:

                 Debate resumed.

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

 

Address-

In-Reply.

   4.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (Ministers of the Crown) 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. 11 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 Justice (The Hon. K. T. Griffin), 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 (Ministers of

the Crown)

Bill.

   5.

Ordered - That Orders of the Day (Government Business) No. 3 to No. 5 be postponed and taken into consideration on motion.

 

Postponement

of Business.

   6.

On the Order of the Day being read for the adjourned debate on the question - That the Gaming Machines (Gaming Venues in Shopping Centres) Amendment Bill be now read a second time:

                 Debate resumed.

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

 

 

Gaming

Machines

(Gaming Venues

in Shopping

Centres)

Amendment

Bill.

 

   7.

At one o’clock the sitting was suspended until the ringing of the bells.

                 At fifteen minutes past two o’clock the sitting was resumed.

 

Suspension and

Resumption of

Sitting.

 

   8.

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

        By the President -

                 Ombudsman’s Report, 1996-97.

        By the Minister for Justice -

                 Reports, 1996-97 -

                          Commissioner for Consumer Affairs.

                          Legal Services Commission.

                          Listening Devices Act 1972.

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

                 South Australian Health Commission - Report, 1996-97.

 

Papers.

   9.

The Minister for Justice, without notice,  moved - That the Standing Orders be so far suspended as to enable him to introduce a Bill 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 Minister for Justice then moved - That he have leave to introduce a Bill for an Act to amend the Roxby Downs (Indenture Ratification) Act 1982.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Minister for Justice 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.

 

Roxby Downs (Indenture Ratification) (Aboriginal Heritage) Amendment

Bill.

 

10.

Ordered - That the adjourned debate on the question - That the Address-in- Reply, as read, be adopted - be now resumed.

                 Debate resumed.

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

 

Address-

In-Reply.

11.

The Minister for Transport and Urban Planning tabled a copy of a Ministerial Statement made by the Minister for the Environment and Heritage (The Hon. D. C. Kotz, M.P.) concerning the Parks Agenda Progress Report.

 

Paper

Tabled.

12.

Ordered - That the adjourned debate on the question - That the Gaming Machines (Gaming Venues in Shopping Centres) Amendment Bill be now read a second time - be now resumed.

                 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.

 

Gaming

Machines

(Gaming Venues

in Shopping

Centres)

Amendment

Bill.

 

In the Committee

 

                          Clauses No. 1 and No. 2 agreed to.

                 The Hon. N. Xenophon moved on page 1, after line 15, to insert new clause as follows:

                          “Insertion of s.14A

                                     2A.  The following section is inserted in Division 2 of Part 3 of the principal Act before section 15:

Freeze on gaming machines

         14A.  (1)  Despite any other provision of this Act, the Commissioner cannot grant an application for -

(a)    a gaming machine licence; or

(b)    approval to increase the number of gaming machines operated under a gaming machine licence,

if the application was made on or after 4 December 1997.

         (2)  Any grant by the Commissioner of an application to which sub-section (1) applies will be taken to be void and of no effect.”

                 The Hon. S. M. Kanck moved on page 1, after line 15, to insert new clause as follows:

                          “Insertion of s.14A

                                     2A.  The following section is inserted in Division 2 of Part 3 of the principal Act before section 15:

Moratorium on gaming machines

         14A.  (1)  Despite any other provision of this Act, the Commissioner cannot grant an application for -

(a)    a gaming machine licence; or

(b)    approval to increase the number of gaming machines operated under a gaming machine licence,

if the application was made after the commencement of this section.

         (2)  Any grant by the Commissioner of an application to which sub-section (1) applies will be taken to be void and of no effect.

         (3)  This section expires on 31 December 1998.”

                 Question - That new clause No. 2A, as proposed to be inserted by the Hon. N. Xenophon, be so inserted - put and negatived.

 

 

                 Question - That new clause No. 2A, as proposed to be inserted by the Hon. S. M. Kanck, be so inserted - put and negatived.

                          Clause No. 3 otherwise amended and agreed to.

                          Clause 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 with amendments; 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.

 

 

13.

The Treasurer, without notice, moved - That the Standing Orders be so far suspended to enable the sitting of the Council to be extended beyond 6.30 p.m. in order to complete the Business of the Day.

                 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.

14.

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

Message No. 12

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Electricity Act 1996, to which it desires the concurrence of the Legislative Council.

House of Assembly, 4 December 1997.                                                           J.K.G. OSWALD, Speaker.

                 Bill read a first time.

                 The Treasurer 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:

Electricity (Miscellaneous) Amendment

Bill

 

 

Message No. 13

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Guardianship and Administration Act 1993, to which it desires the concurrence of the Legislative Council.

House of Assembly, 4 December 1997.                                                           J.K.G. OSWALD, Speaker.

                 Bill read a first time.

                 The Treasurer then moved - That this Bill be now read a second time.

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

 

Guardianship and Administration (Extension of

Sunset Clause)

Amendment Bill.

 

15.

Ordered - That the adjourned debate on the question - That Motor Vehicles (Heavy Vehicles Registration Charges) Amendment Bill be now read a second time - be now resumed.

                 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. 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 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.

 

Motor Vehicle

(Heavy Vehicles Registration

Charges)

Amendment Bill.

16.

On the Order of the Day being read for the adjourned debate on the question - That Road Traffic (Speed Zones) 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. 5 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.

 

Road Traffic

(Speed Zones)

Amendment

Bill.

17.

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

 

Postponement

of Business.

18.

Council adjourned at ten minutes past seven o’clock until Tuesday next 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