SOUTH AUSTRALIA]

No. 30

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

THURSDAY  5  APRIL  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 Minister for Transport and Urban Planning (The Hon. D. V. Laidlaw), 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.

Ordered - That Orders of the Day (Government Business) No. 1 and No. 2 be postponed and taken into consideration after Order of the Day (Government Business) No. 3.

 

Postponement
of Business.

   4.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Prostitution (Regulation) Bill.

 

In the Committee

 

                          Clause No. 14 which the Hon. C. A. Pickles had moved on page 11, lines 15 to 32, to leave out and insert new clause as follows:

                  “Advertising availability of sexual services

                          14. (1) A person must not advertise the availability of sexual services except by means of a permitted advertisement.

                  Maximum penalty:      $5 000.

                          (2) A permitted advertisement is—

                          (a)    an advertisement—

                                        (i)            published—

                                                        ×       in a newspaper, magazine or other periodic publication; or

                                                        ×       in a commercial directory that is predominantly devoted to the advertisement of businesses that do not provide sexual services; or

                                                        ×       on the internet; and

                                        (ii)           in the case of a printed advertisement—occupying not more than 12 square centimetres; and

                                        (iii)          stating that the services advertised are sexual services; and

                                        (iv)          containing no photographic or pictorial material; and

 

Prostitution (Regulation) Bill.

 

                                        (v)           containing no reference to the race, colour or ethnic origin of any prostitute; and

(vi)               containing no reference to the health or medical testing of any prostitute; and

                                        (vii)         containing no reference to massage, relaxation, therapeutic, health or related or similar services; and

                                        (viii)        conforming to other restrictions or requirements imposed by the regulations; or

                          (b)        an advertisement by way of oral recommendation given in the course of a private conversation; or

(c)            an advertisement of some other kind permitted by the regulations.” - further considered.

                 The Hon. A. J. Redford moved on page 11, line 17, to leave out the penalty provision and insert the following:

                  “Maximum penalty—

                          (a)        for an aggravated offence—$20 000 or imprisonment for 2 years;

                          (b)        for any other offence—$5 000.”

                 The Hon. A. J. Redford also moved on page 11, lines 18 to 32, to leave out subsection (2) and insert the following:

                          “(2) Without limiting subsection (1), a person advertises prostitution if—

                          (a)        the person publishes an advertisement, or has an advertisement published, that states or is reasonably capable of implying any of the following—

                                        (i)       that a person is available for or seeking to engage in prostitution;

                                        (ii)      that a person who is available for or seeking to engage in prostitution may be contacted in a particular way, at a particular place, or by a particular means;

                                        (iii)     that prostitution is available at a particular place or can be arranged by a particular person, or in some other way;

                                        (iv)     that a person is seeking to be employed or engaged as a prostitute;

                          (b)        the person enters into a sponsorship or other arrangement that publicises the fact that a certain person is a prostitute or a certain business is a sex business.

                          (3) An offence against this section is an aggravated offence if—

                          (a)        it is committed after the offender has been convicted of a similar offence against this section; or

                          (b)        it is committed after a police officer has given the offender a written notice—

                                        (i)       warning the offender that the advertisement or a similar advertisement offends against this section; and

                                        (ii)      directing the offender to desist from publication of the advertisement or advertisements of the relevant kind.”

                 The Hon. M. J. Elliott moved on page 11, after line 32, to insert new subclause as follows:

          “(3)  A person must not use the name of a brothel in connection with a public promotion, sponsorship or campaign.

                 Maximum penalty: $5000”.

                 The Hon. C. A. Pickles, by leave, amended her amendment by leaving out paragraph (c).

                 Question - That all words in clause No. 14 down to but excluding “Maximum Penalty” in line 17, stand as printed - put.

 

 

         Committee divided:

Ayes, 6

The Hon. T. G. Cameron

The Hon. T. Crothers

The Hon. R. R. Roberts

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. A. J. Redford (Teller)

 

 

 

 

 

 

 

 

Noes, 13

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. T. G. Roberts

The Hon. C. V. Schaefer

The Hon. R. K. Sneath

The Hon. J. F. Stefani

The Hon. C. A. Pickles (Teller)

 

 

      So it passed in the negative.

Question - That the remaining words in clause No. 14 stand as printed - put and negatived.

                          Clause No. 14 struck out.

                          New clause No. 14 inserted.

Question - That the amendment moved by the Hon. M. J. Elliott to new clause 14, as proposed to be inserted by the Hon. C. A. Pickles, be agreed to - put and passed.

Question - That new clause No. 14, as proposed to be inserted by the Hon. C. A. Pickles, and as amended by the Hon. M. J. Elliott, be so inserted - put and passed.

 

 

                          Clause No. 15 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.

 

 

   5.

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.

   6.

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

                  By The Hon. C. A. Pickles from 3,501 residents of South Australia concerning the City of Adelaide (Adelaide Park Lands) Amendment Bill 2000.  The Petitioners pray that this Honourable House will protect the park lands by stopping the erection of buildings and other structures on the park lands by rejecting the City of Adelaide (Adelaide Park Lands) Amendment Bill.

Petitions -
No. 51 -

City of Adelaide (Adelaide Park Lands) Amendment Bill 2000.

 

                 By the Hon. T. G. Cameron from 212 residents of South Australia, concerning the location of a sex shop in the Elizabeth South Shopping Complex directly opposite the Elizabeth South Primary School.  The Petitioners pray that this Honourable House will pass legislation that prevents sex shops being within the 200 metres from schools, churches or hospitals.

No. 52 -

Location of Sex Shop in the Elizabeth South Shopping Complex.

 

                 By the Hon. I. Gilfillan from 165 residents of South Australia, concerning labelling genetically modified foods sold in South Australia.  The Petitioners pray that this Honourable House will -

1.        legislate to require labelling of all foods with any genetically modified component;

2.        legislate to require adequate segregation of genetically modified crops; and

3.        urge the Commonwealth to prevent the introduction of any further genetically-modified foods into Australia until and unless the Commonwealth establishes an independent monitoring and testing regime.

 

No. 53 -

Labelling of Genetically Modified Foods in South Australia.

 

    7.

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

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

                 Adelaide Entertainments Corporation Charter and Performance Statement.

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

                 Rule under Act - Local Government - Superannuation - Waiting Period.

 

Papers.

   8.

The Minister for Transport and Urban Planning, while making a Ministerial Statement, tabled a copy of the Report on the Operations of the Road Traffic (Road Rules) Amendment Act 1999 - Australian Road Rules.

 

Paper Tabled.

   9.

The Minister for Transport and Urban Planning tabled a copy of a Ministerial Statement made by the Minister for Aboriginal Affairs (The Hon. D. C. Kotz, M.P.) concerning an Information Technology Award won by the Department of State Aboriginal Affairs for its innovative Web Site.

 

Paper Tabled.

10.

Ordered - That Orders of the Day (Government Business) No. 1, No. 2 and No. 4 to No. 7 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

11.

Ordered - That Orders of the Day (Government Business) No. 8 to No. 12 be postponed and taken into consideration after Order of the (Government Business) No. 14.

 

Postponement
of Business.

12.

On the Order of the Day being read for the adjourned debate on the question - That the Software Centre Inquiry (Powers and Immunities) 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.

                          Clause No. 6 amended and 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.

 

Software Centre
Inquiry (Powers
and Immunities)
Bill.

13.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of Message No. 56 from the House of Assembly relating to the Community Titles (Miscellaneous) Amendment Bill.

 

In the Committee

 

                          Resolved - That the amendment be agreed to.

_____________________

 

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

 

Community Titles
(Miscellaneous)
Amendment Bill.

 

14.

On the Order of the Day being read for the adjourned debate on the question - That the Dental Practice 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.

 

Dental
Practice Bill.

15.

Ordered - That Order of the Day (Government Business) No. 9 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

16.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (Transport Portfolio) 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. 7 agreed to.

                          Clause No. 8 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 next day of sitting.

 

Statutes
Amendment
(Transport
Portfolio) Bill.

17.

Ordered - That Orders of the Day (Government Business) No. 11 and No. 12 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

18.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Prostitution (Regulation) Bill.

 

In the Committee

 

                          Clause No. 15 further considered.

                 The Hon. A. J. Redford moved on page 12, line 4, to leave out the penalty provision and insert the following:

                  “Maximum penalty—

                          (a)        for an aggravated offence—$20 000 or imprisonment for 2 years;

                          (b)        for any other offence—$5 000.”

                 The Hon. A. J. Redford also moved on page 12, after line 4, to insert new subclause as follows:

                  “(2) An offence against this section is an aggravated offence if—

                          (a)        it is committed after the offender has been convicted of a previous offence against this section; or

                          (b)        it is committed after a police officer has given the offender a written notice—

                                        (i)       warning the offender that the advertisement or a similar advertisement offends against this section; and

                                        (ii)      directing the offender to desist from publication of the advertisement or advertisements of the relevant kind.”

                 Question - That the amendments moved by the Hon. A. J. Redford be agreed to - put and negatived.

                          Clause No. 15 agreed to.

                          Clause No. 16 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 next day of sitting.

 

Prostitution
(Regulation) Bill.

19.

Council adjourned at sixteen minutes past five 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. R. K. Sneath

The Hon.  J. F. Stefani

The Hon. N. Xenophon

The Hon. C. Zollo