SOUTH AUSTRALIA]

No. 42

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY  5  JUNE  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.

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

Message No. 9.

                 The Governor’s Deputy informs the Legislative Council that, in the name and on behalf of Her Majesty The Queen, the following Act has been assented to during the present Session, viz.:

                 No. 18 of 2001 - An Act to amend the Authorised Betting Operations Act 2000; the Casino Act 1997; the Gaming Machines Act 1992; the Gaming Supervisory Authority Act 1995; the Liquor Licensing Act 1997; the Racing Act 1976; the Racing (Proprietary Business Licensing) Act 2000; the Railways (Operations and Access) Act 1997; the South Australian Motor Sport Act 1984 and the State Lotteries Act 1966; and for other purposes.

Government House, Adelaide, 5 June 2001.                                        B. KRUMINS, Governor’s Deputy.

 

Message from

Governor’s Deputy

Assent to Bills.

    3.

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

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

                 Regulations under the following Acts -

                          Education Act 1972 - Head Teacher.

                          Gaming Machines Act 1992 - Application Fees.

                          Land Tax Act 1936 - Liability Certificate.

                          Lottery and Gaming Act 1936 - Licences Fees.

                          Petroleum Products Regulation Act 1995 - Fees.

                          Tobacco Products Regulation Act 1997 - Licence Fees.

                          Water Resources Act 1997 - Fees.

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

                 Regulations under the following Acts -

                          Associations Incorporation Act 1985 - Fees.

                          Bills of Sale Act 1886 - Fees.

                          Business Names Act 1996 - Application, Other Fees.

                          Community Titles Act 1996 - Application, Other Fees.

                          Co-operatives Act 1997 - Application, Other Fees.

                          Cremation Act 2000 - Permit Fee.

                          Criminal Law (Sentencing) Act 1988 - Fees.

                           Dangerous Substances Act 1979 - Licences, Other Fees.

 

Papers.

 

                          District Court Act 1991 - Fees in Civil, Criminal, Criminal Injuries.

                          Environment, Resources and Development Court Act 1993 -

                                   General Jurisdiction Fees.

                                   Schedule Fees.

                          Explosives Act 1936 - Application, Licence Fees.

                          Fees Regulation Act 1927 - Appointment Fees.

                          Freedom of Information Act 1991 - Agency Document Fees.

                          Magistrates Court Act 1991 - Civil, Criminal Division Fees.

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

                          Pastoral Land Management and Conservation Act 1989 - Document, Other Fees.

                          Petroleum Act 2000 - Licences Fees.

                          Rates and Land Tax Remission Act 1986 - Criteria.

                          Real Property Act 1886 -

                                   General Fees.

                                   Land Division Fees.

                          Registration of Deeds Act 1935 - Fees.

                          Roads (Opening and Closing) Act 1991 - Fees.

                          Seeds Act 1979 - Services Fees.

                          Sexual Reassignment Act 1988 - Recognition Fees.

                          Sheriff’s Act 1978 - Fees.

                          State Records Act 1997 - Copies, Research Fees.

                          Strata Titles Act 1988 - Lodgement, Other Fees.

                          Summary Offences Act 1953 - Dangerous Articles Fees.

                          Supreme Court Act 1935 -

                                   Probate Fees.

                                   Schedule Fees.

                          Valuation of Land Act 1971 - Fees, Allowances.

                          Worker’s Liens Act 1893 - Fees.

                          Youth Court Act 1993 - Fees.

        By the Minister for Justice (The Hon. K. T. Griffin) -

                 Regulation under the following Act -

                          Firearms Act 1977 - Licences Fees.

        By the Minister for Consumer Affairs (The Hon. K. T. Griffin) -

                 Regulations under the following Acts -

                          Births, Deaths and Marriages Registration Act 1996 - Fees.

                          Building Work Contractors Act 1995 - Fees.

                          Conveyancers Act 1994 - Fees.

                          Land Agents Act 1994 - Fees.

                          Liquor Licensing Act 1997 - Licence, Other Fees.

                          Plumbers, Gas Fitters and Electricians Act 1995 - Fees.

                          Second-hand Vehicle Dealers Act 1995 - Fees.

                          Security and Investigation Agents Act 1995 - Fees.

                          Trade Measurement Administration Act 1993 - Licence, Instrument Fees.

                          Travel Agents Act 1986 - Licence Fees.

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

                 Regulations under the following Acts -

                          Adoption Act 1988 - Application Fees.

                          Botanic Gardens and State Herbarium Act 1978 - Admission, Services Charges.

                          Controlled Substances Act 1984 -

                                   Pesticide Fees.

                                   Poisons Fees.

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

                          Development Act 1993 - Fees.

                          Environment Protection Act 1993 -

                                   Beverage Container Fees.

                                   Fee Unit Value.

                          Harbors and Navigation Act 1993 - Trade Plates, Fees.

                          Housing Improvement Act 1940 - Section 60 Application Fee.

                          Local Government Act 1934 -

                                   Freedom of Information Fees.

                                   Prescribed Fees.

 

 

 

                          Motor Vehicles Act 1959 - Fees.

                          National Parks and Wildlife Act 1972 -

                                   Hunting Fees.

                                   Permit Fees.

                          Passenger Transport Act 1994 - General Fees.

                          Prevention of Cruelty to Animals Act 1985 - Rodeo Permit Fee.

                          Private Parking Areas Act 1986 - Expiation Fees.

                          Public and Environmental Health Act - Waste Control Fees.

                          Radiation Protection and Control Act 1982 - Ionizing - Fees.

                          Road Traffic Act 1961 -

                                   Expiation Fees.

                                   Inspection Fees.

                          South Australian Health Commission Act 1976 -

                                   Private Hospital Licence Fees.

                                   Recognised Hospital Fees.

                 Corporation By-laws -

                          Unley -

                                   No.    1   -   Local Government Land.

                                   No.    2   -   Moveable Signs.

                                   No.    3   -   Dogs.

                                   No.    4   -   Lodging Houses.

                                   No.    5   -   Permits and Penalties.

 

 

   5.

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.

    6.

The Council, according to order, resolved itself into a Committee of the Whole for the  reconsideration of the Dental Practice Bill.

 

In the Committee

 

                          Clause No. 3 reconsidered.

                 The Minister for Transport and Urban Planning moved on page 7, after line 6, to leave out “and includes a person who is a putative spouse in accordance with subsection (1a);” and on page 7, after line 25, to leave out subclause as follows:

                          “(1a) A person is, on a certain date, the putative spouse of a dental practitioner of the same sex if he or she is, on that date, cohabiting with the dental practitioner in a relationship that has the distinguishing characteristics of a relationship between a married couple (except for the characteristic of different sex and other characteristics arising from that characteristic) and he or she—

                          (a)        has so cohabited with the practitioner continuously for the period of 5 years immediately preceding that date; or

                          (b)        has during the period of 6 years immediately preceding that date so cohabited with the practitioner for periods aggregating not less than 5 years.”

                 Question - That the words previously inserted by the Hon. P. Holloway, stand as printed - put.

Dental Practice
Bill.

 

           Committee divided:

Ayes, 9

The Hon. T. Crothers

The Hon. M. J. Elliott

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. C. A. Pickles

The Hon. R. R. Roberts

The Hon. T. G. Roberts

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

      So it passed in the negative.

 

Noes, 10

The Hon. T. G. Cameron

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. K. T. Griffin

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. N. Xenophon

The Hon. D. V. Laidlaw (Teller)

 

 

 

 

                          Clause No. 3, as further amended, agreed to.

_____________

 

 

 

                 The President resumed the Chair, and reported that the Committee had considered the Bill and had agreed to the same with a further 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.

 

 

    7.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Land Agents (Registration) Amendment 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 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.

 

Land Agents
(Registration)
Amendment
Bill.

    8.

Ordered - That Orders of the Day (Government Business) No. 2 and No. 3 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

    9.

Ordered - That Order of the Day (Government Business) No. 4 be postponed and taken into consideration on motion.

 

Postponement
of Business.

10.

On the Order of the Day being read for the adjourned debate on the question - That the Classification (Publications, Films and Computer Games) (Miscellaneous) Amendment Bill be now read a second time:

                 Debate resumed.

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

 

Classification
(Publications,
Films  and
Computer Games)
(Miscellaneous)
Amendment Bill.

 

  11.

Ordered - That the Order of the Day (Government Business) No. 6 be postponed and taken into consideration on motion.

 

Postponement
of Business.

  12.

Ordered - That the Orders of the Day (Government Business) No. 8 to No. 11 be Orders 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 Graffiti Control 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.

 

Graffiti
Control Bill.

14.

Ordered - That Orders of the Day (Government Business) No. 13 to No. 20 be postponed and taken into consideration after Order of the Day (Government Business) No. 21.

 

Postponement
of Business.

15.

On the Order of the Day being read for the adjourned debate on the question - That the Real Property (Fees) 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.

 

Real Property (Fees)
Amendment 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 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.

 

 

  16.

Ordered - That Orders of the Day (Government Business) No. 13 and No. 14 be postponed and taken into consideration on motion.

 

Postponement
of Business.

  17.

Ordered - That Orders of the Day (Government Business) No. 15 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

18.

On the Order of the Day being read for the adjourned debate on the motion of the Minister for Transport and Urban Planning -

                     I.      That it be an Instruction to the Joint Committee on Transport Safety to extend its terms of reference to require it to consider and report upon the National Road Safety Strategy 2001-2010.

                    II.      That a Message be sent to the House of Assembly transmitting the foregoing Resolution and requesting its concurrence thereto.:

                 Debate resumed.

         The Hon. S. M. Kanck moved to amend the motion in paragraph I, after the words “National Road Safety Strategy 2001-2010” by inserting “and the National Road Safety Action Plan 2001 and 2002”.

         Question - That the words proposed to be inserted by the Hon. S. M. Kanck be so inserted - put and passed.

         Question - That the motion moved by the Minister for Transport and Urban Planning, and as amended by the Hon. S. M. Kanck, be agreed to - put and passed.

 

Joint Committee
on Transport

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

19.

Ordered - That the adjourned debate on the question - That the Workers Rehabilitation and Compensation (Directions Officers) Bill be now read a second time - be now resumed.

                 Debate resumed.

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

 

Workers
Rehabilitation and
Compensation
(Directions Officers)
Amendment Bill.

 

20.

Ordered - That the adjourned debate on the question - That the Protection of Marine Waters (Prevention of Pollution from Ships) (Miscellaneous) Amendment Bill be now read a second time - be now resumed.

                 Debate resumed.

                 On motion of the Hon. J.S.L. Dawkins, the debate was adjourned until next day of sitting.

 

Protection of
Marine Waters
(Prevention of
Pollution from Ships)
(Miscellaneous)
Amendment Bill.

 

21.

On the Order of the Day being read for the adjourned debate on the question - That the South Australian Co-operative and Community Housing (Associated Land Owners) 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.

 

South Australian
Co-operative and
Community Housing
(Associated Land
Owners)
Amendment Bill.

 

  22.

Ordered - That the Orders of the Day (Government Business) No. 18 and No. 19 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

23.

On the Order of the Day being read for the adjourned debate on the question - That the Supply Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. J.S.L. Dawkins, the debate was adjourned until next day of sitting.

 

Supply Bill.

24.

Ordered - That Order of the Day (Government Business) No. 4 be discharged.

                 The Attorney-General moved - That the Gaming Machines (Cap on Gaming Machines) Amendment Bill be withdrawn.

                 Question put and passed.

 

Order of the Day
Discharged.
Gaming Machines
(Cap on Gaming
Machines)
Amendment Bill -
Withdrawn.

 

  25.

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

 

Postponement
of Business.

26.

Council adjourned at twenty-nine minutes past six 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. 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