SOUTH AUSTRALIA]

No. 82

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

THURSDAY  5  JUNE  2003

 

 

 

   1.

Council met pursuant to adjournment.  The President (The Hon. R. R. Roberts) took the Chair.

                 The President read prayers.

 

Meeting of
Council.

 

   2.

The Minister for Agriculture, Food and Fisheries, 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 to No. 5 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

   4.

On the Order of the Day being read for the adjourned debate on the question - That the Prohibition of Human Cloning 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. 31 agreed to.

                          Schedule 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 Aboriginal Affairs and Reconciliation, 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.

 

Prohibition of
Human Cloning
Bill.

 

   5.

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

                 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. 36 agreed to.

                          Clause No. 37 read.

Research Involving
Human Embryos
Bill.

 

 

                 The Hon. R. D. Lawson, by leave, tabled a letter from the Minister for Health (The Hon. L. Stevens, M.P.) to the Federal Minister for the Ageing (The Hon. Kevin Andrews, M.P.), dated 13 May 2003, together with a letter in response from The Hon. Kevin Andrews to the Minister for Health, dated 3 June 2003.

                 The Minister for Aboriginal Affairs and Reconciliation moved on page 25, lines 18 and 19, to leave out “on 5 April 2005” and insert the following:

                          “on whichever of the following days applies:

(a)     5 April 2005;

(b)     if the Council of Australian Governments declares an earlier day by notice under section 46(b) of the Research Involving Human Embryos Act 2002 of the Commonwealth—that earlier day.”

                 Question - That the amendment be agreed to - put.

Documents Tabled.

 

 

             Committee divided:

Ayes, 9

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. P. Holloway

The Hon. S. M. Kanck

The Hon. D. V. Laidlaw

The Hon. K. J. Reynolds

The Hon. R. K. Sneath

The Hon. C. Zollo

The Hon. T. G. Roberts (Teller)

 

      So it passed in the negative.

 

Noes, 10

The Hon. T. G. Cameron

The Hon. J.S.L. Dawkins

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. T. J. Stephens

The Hon. N. Xenophon

The Hon. R. D. Lawson (Teller)

 

 

 

                          Clause No. 37 agreed to.

                          Schedule 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 Aboriginal Affairs and Reconciliation, 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.

                 The Minister for Aboriginal Affairs and Reconciliation then moved - That this Bill be now read a third time.

                 Question put.

 

 

 

             Council divided:

Ayes, 12

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. P. Holloway

The Hon. S. M. Kanck

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. A. J. Redford

The Hon. K. J. Reynolds

The Hon. D. W. Ridgway

The Hon. R. K. Sneath

The Hon. T. J. Stephens

The Hon. T. G. Roberts (Teller)

      So it was resolved in the affirmative.

 

Noes, 5

The Hon. T. G. Cameron

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. N. Xenophon

The Hon. R. I. Lucas (Teller)

 

 

 

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

 

 

   6.

At five minutes past 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.

 

   7.

Answers to Questions on Notice Nos. 119 to 132 and 204 received this day were tabled by the President who directed that they be distributed and printed in Hansard.

 

Answers to
Questions on
Notice.

 

    8.

The following Paper was laid upon the Table, viz.:

        By the Minister for Aboriginal Affairs and Reconciliation (The Hon. T. G. Roberts) -

                 Independent Gambling Authority - Inquiry concerning Advertising and Responsible Gambling Codes of Practice - Report.

 

Paper.

 

   9.

The Minister for Aboriginal Affairs and Reconciliation tabled a Ministerial Statement made by the Minister for Industry, Trade and Regional Development (The Hon. R. J. McEwen, M.P.) concerning Regional Impact Assessment Statements.

 

Paper Tabled.

 

10.

The Minister for Aboriginal Affairs and Reconciliation tabled a Ministerial Statement made by the Minister for Social Justice (The Hon. S. W. Key. Hill, M.P.) concerning Family and Youth Services.

 

Paper Tabled.

 

11.

The Minister for Agriculture, Food and Fisheries, without notice, moved - That the Standing Orders be so far suspended as to enable Question Time to be extended to enable the Hon. J.S.L. Dawkins to complete his question to the Minister and for the Minister to give his reply.

                 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.

 

12.

Ordered - That Orders of the Day (Government Business) No. 8 to No. 10 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

13.

Ordered - That Order of the Day (Government Business) No. 11 be postponed and taken into consideration after Order of the Day (Government Business) No. 12.

 

Postponement
of Business.

 

14.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (Water Conservation Practices) 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.

 

Statutes
Amendment
(Water Conservation
Practices) Bill.

 

 

In the Committee

 

                          Clauses No. 1 to No. 3 agreed to.

                          Clause No. 4 amended and agreed to.

                          Clauses No. 5 to No. 10 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 Minister for Aboriginal Affairs and Reconciliation, 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.

 

 

 

15.

The Minister for Agriculture, Food and Fisheries moved - That the Council, at its rising, do adjourn until Thursday, 26 June 2003, at fifteen minutes past two o’clock.

                 Debate ensued.

                 Question put and passed.

 

Next Day
of Sitting.

 

16.

Ordered - That Orders of the Day (Government Business) No. 11 and No. 13 and Notice of Motion (Private Business) No. 1 be postponed and taken into consideration after Notice of Motion (Private Business) No. 2.

 

Postponement
of Business.

 

17.

The Hon. R. D. Lawson, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Gaming Machines Act 1992 and the Liquor Licensing Act 1997.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. R. D. Lawson then moved - That this Bill be now read a second time.

                 On motion of the Hon. R. K. Sneath, the debate was adjourned and ordered to be resumed on motion.

 

Statutes Amendment
(Renaissance Tower -
Gaming and Liquor
Licences) Bill.

 

18.

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

Message No. 117

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith entitled an Act to amend the Criminal Law Consolidation Act 1935, without any amendment.

House of Assembly, 4 June 2003.                                                                               I. P. LEWIS, Speaker.

 

Messages from
House of Assembly:
Criminal Law
Consolidation
(Abolition of Time
for Prosecution of
Certain Sexual
Offences)
Amendment Bill.

 

 

 

Message No. 118

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled a Bill for an Act to amend the Nurses Act 1999, to which it desires the concurrence of the Legislative Council.

House of Assembly, 5 June 2003.                                                                               I. P. LEWIS, Speaker.

                 Bill read a first time.

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

 

Nurses (Nurses
Board Vacancies)
Amendment Bill.

 

 

 

Message No. 119

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Legal Practitioners Act 1981, to which it desires the concurrence of the Legislative Council.

House of Assembly, 5 June 2003.                                                                               I. P. LEWIS, Speaker.

Legal Practitioners
(Insurance)
Amendment Bill.

 

 

 

        Bill read a first time.

                 The Minister for Aboriginal Affairs and Reconciliation then moved - That this Bill be now read a second time.

                 The Minister for Aboriginal Affairs and Reconciliation, 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.

                 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.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

 

 

 

 

Message No. 120

                 MR. PRESIDENT - The House of Assembly has disagreed to the amendments made by the Legislative Council in the Shop Trading Hours (Miscellaneous) Amendment Bill as indicated in the annexed Schedule.  The House of Assembly returns the Bill herewith and desires its reconsideration.

House of Assembly, 5 June 2003.                                                                             I. P. LEWIS, Speaker.

 

Shop Trading Hours (Miscellaneous) Amendment Bill.

 

 

Schedule of the amendments made by the Legislative Council

to which the House of Assembly has disagreed.

No. 1.      Page 7, lines 23 and 24 (clause 7) - Leave out "or, for that purpose, remove" and substitute:

                         , or take away a copy of

No. 2.      Page 8 (clause 7) - After line 15 insert the following:

                          (6) A person is not obliged to provide any bank statements under this section.

No. 3.      Page 8 - After line 15 insert new clause as follows:

                 Insertion of section 8A

                          7A. After section 8 insert:

                                    Offences by Inspectors

                                             8A.  An Inspector, or a person assisting an Inspector, who—

                                             (a)    addresses offensive language to any person; or

                                             (b)    without lawful authority, hinders or obstructs or uses or threatens to use force in relation to any other person,

                                             is guilty of an offence.

                                             Maximum penalty:              $5 000.

No. 4.      Page 9, lines 10 to 15 (clause 11) - Leave out paragraph (c) and insert:

                         (c)     from 11.00 a.m. to 5.00 p.m.—

                                        (i)       on each of the 9 Sundays immediately preceding Christmas day 2003; and

                                        (ii)      on 28 December 2003; and

                                        (iii)     from 1 July 2004 - on any Sunday.

No. 5.      Page 10, lines 9 to 11 (clause 11) - Leave out subsection (8).

No. 6.      Page 11, line 25 (clause 17) - Leave out "14 days" and insert:

                         28 days

No. 7.      Page 13 (Schedule) - After line 25 insert the following:

                 Review of awards

                          3a. (1) The purpose of this clause is to make provision for the review of awards in the retail industry by the Full Commission of the Industrial Relations Commission of South Australia (the "Commission") on account of the special circumstances that arise by virtue of the enactment of this Act.

 

 

 

 

                          (2) Nothing in this clause is intended—

                          (a)      to derogate from the independence of the Commission; or

                          (b)      to limit the powers of the Commission with respect to any matter; or

                          (c)      to limit the ability of any person or body to initiate or participate in proceedings before the Commission, to make submissions to the Commission, or to exercise any other right under the Industrial and Employee Relations Act 1994.

                          (3) Subject to this clause, a party to a retail industry award may apply to the Commission for a review of the award.

                          (4) An application under subclause (3) must be made within 2 months after the commencement of this Act.

                          (5) If due application is made under this clause, the Full Commission must, subject to this clause, review the award under Chapter 3 Part 3 Division 2 of the Industrial and Employee Relations Act 1994.

                          (6) A review of an award initiated under this clause—

                          (a)      must include a review of, and incorporate fresh determinations in relation to—

(i)       the appropriate spread of hours for ordinary time work over the period of a week, and over any other appropriate period (if relevant) under the award; and

 (ii)     the rates of remuneration (including as to any penalties or loadings) payable under the award to employees who work in a shop; and

                          (b)      may relate to any other matter that, in the opinion of the Commission, is relevant on account of the operation of this Act; and

                          (c)      must be completed by 31 May 2004 and take effect on 1 July 2004.

                          (7) In undertaking a review under this clause, the Commission is to—

                          (a)      take into account the objects of the Industrial and Employee Relations Act 1994, with particular reference to section 3(b), (c) and (n) of that Act; and

                          (b)      have regard to the desirability of maximising employment and economic efficiency within the retail industry in the State, including by—

(i)       encouraging higher levels of employment in the retail industry; and

(ii)      ensuring that labour costs are economically sustainable for businesses in the retail industry; and

(iii)     providing a fair rate of remuneration for employees who work in the retail industry; and

(iv)     enabling businesses in the retail industry to trade without the imposition of excessive costs for doing so; and

(v)      promoting efficiency and productivity in the retail industry; and

                          (c)      give consideration to the nature of the labour market that works, or is likely to work, in the retail industry (including, but not limited to, work on Sundays); and

                          (d)      give consideration to the circumstances of the various kinds of businesses in the retail industry that may be open on Sundays, including the circumstances of small and medium sized businesses operated by the proprietors of the businesses or by members of their families; and

                          (e)      give consideration to the ordinary time penalty rates that apply in the other States, and in the Territories, for similar trading arrangements; and

                          (f)       give consideration to the desirability of including in the award a variety of options and flexible arrangements to assist in making Sunday trading worthwhile and viable; and

                          (g)      give consideration to any additional transitional arrangements that are appropriate in view of the operation of this Act,

                          and the Commission may consider such other matters as the Commission thinks fit.

                          (8) Without limiting subclause (7), in undertaking a review under this clause, the Commission is to use its best endeavours to ensure that it does not impose a cost structure within the retail industry—

 

 

 

 

                          (a)      that is economically unsustainable within the industry, or a significant part of it, especially taking into account the position of small and medium sized businesses; or

                          (b)      that has the effect of imposing unfair costs on small or medium sized businesses operated by proprietors who wish to trade on Sundays (especially those businesses where employees may be required to work on Sundays); or

                          (c)      that reduces the capacity of the proprietors of businesses, and in particular small and medium sized businesses, from employing staff to the maximum possible extent on Sundays; or

                          (d)      that has the effect of requiring the proprietors of small or medium sized businesses to work on Sundays themselves rather than employing staff on that day; or

                          (e)      that unduly diminishes the competitiveness of small or medium sized businesses that open on Sundays; or

                          (f)       that is higher for small or medium sized businesses than the cost structure that applies to larger sized businesses; or

                          (g)      that is likely to impact adversely on the price of goods or services purchased by customers within the retail industry.

                          (9) As part of a review, the Commission is to give the parties to the award a reasonable opportunity to make submissions, and take those submissions into consideration, and may (as the Commission thinks fit) allow any other person with a relevant interest to appear and make submissions.

                          (10) In this clause—

                  "retail industry award" means an award under the Industrial and Employee Relations Act 1994 that provides for the remuneration of persons employed in a shop;

                  "shop" means a shop within the meaning of the Shop Trading Hours Act 1977.

No. 8.      Page 13 (Schedule) - After line 25 insert the following:

                 Business advisory service

                          3A. (1) The Minister must ensure that an advisory service (including, but not limited to, a telephone advisory service) is available to assist the proprietors of businesses and employees in the retail industry who may be affected by the introduction of new shopping hours under this Act.

                          (2) A service under subclause (1)—

                          (a)      must be able to provide advice on accounting, legal, industrial relations, tenancy and other relevant issues, with particular reference to the needs of the proprietors of small and medium sized businesses and their employees; and

                          (b)      must be available at times that are reasonably accessible to people involved in the retail industry, especially the proprietors of small and medium sized businesses and their employees; and

                          (c)      must be maintained for at least 12 months from the commencement of this Act.

D. A. BRIDGES, Clerk of the House of Assembly.

                 Ordered - That the Message be taken into consideration forthwith.

 

 

 

                 The President then left the Chair, and the Council resolved itself into a Committee of the Whole for the consideration of the Message.

 

In the Committee

 

                          The Minister for Aboriginal Affairs and Reconciliation moved - That the amendments be not insisted on.

                          Question - That the amendments be insisted on - put.

Shop Trading Hours (Miscellaneous) Amendment Bill.

 

 

             Committee divided:

Ayes, 6

The Hon. A. L. Evans

The Hon. S. M. Kanck

The Hon. K. J. Reynolds

The Hon. J. F. Stefani

The Hon. N. Xenophon

The Hon. I. Gilfillan (Teller)

 

 

 

 

 

 

 

 

      So it passed in the negative.

 

Noes, 14

The Hon. T. G. Cameron

The Hon. J.S.L. Dawkins

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. P. Holloway

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. R. K. Sneath

The Hon. T. J. Stephens

The Hon. C. Zollo

The Hon. T. G. Roberts (Teller)

 

 

 

_____________________

 

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

 

 

19.

The Minister for Agriculture, Food and Fisheries, without notice, moved - That the Standing Orders be so far suspended as to enable the sittings of the Council to be extended beyond 6. 30 p.m.

                 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.

 

20.

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.

                 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 Agriculture, Food and Fisheries, 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.

 

Supply Bill.

 

21.

Ordered - That the adjourned debate on the question - That the Statutes Amendment (Renaissance Tower - Gaming and Liquor Licences) 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.

 

Statutes Amendment
(Renaissance Tower -
Gaming and Liquor
Licences) 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.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

 

 

22.

The following Message from the House of Assembly was received and read -

Message No. 121

                 MR. PRESIDENT - The House of Assembly has agreed to the amendments made by the Legislative Council in the Statutes Amendment (Water Conservation Practices) Bill without  any amendment.

House of Assembly, 5 June 2003.                                                                               I. P. LEWIS, Speaker.

 

Message from
House of Assembly:
Statutes Amendment
(Water Conservation
Practices) Bill.

 

23.

The Minister for Aboriginal Affairs and Reconciliation tabled a Ministerial Statement made by the Minister for Tourism (The Hon. J. D. Lomax-Smith, M.P.) concerning the Cost of the Preparation of the Bid for the 2007-09 Australian Surf Life Saving Championships.

 

Paper Tabled.

 

24.

Ordered - That Order of the Day (Government Business) No. 13 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

 

25.

Ordered - That Notice of Motion (Private Business) No. 1 and Orders of the Day (Private Business) No. 1 to No. 60 be Orders of the Day for Wednesday, 9 July 2003.

 

Postponement
of Business.

 

26.

Council adjourned at ten minutes to seven o’clock until Monday, 7 July 2003, at fifteen minutes past two o’clock.

 

Adjournment.

 

_________________________

 

 

 

 

 

Members present during any part of the sitting:

 

 

 

The Hon. T. G. Cameron

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. I. Gilfillan

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. A. J. Redford

The Hon. K. J. Reynolds

The Hon. D. W. Ridgway

The Hon. T. G. Roberts The Hon. C. V. Schaefer

The Hon. R. K. Sneath

The Hon.  J. F. Stefani

The Hon. T. J. Stephens

The Hon. C. Zollo

The Hon. N. Xenophon