[SOUTH AUSTRALIA]

No. 21

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

THURSDAY 5 DECEMBER 1996

 

 

 

   1.

Council met pursuant to adjournment.  The President (The Hon. H.P.K. Dunn) took the Chair.

                 The President read prayers.

 

Meeting of

Council.

   2.

The Minister for Education and Children’s Services (The Hon. R. I. Lucas), by leave, without notice, moved - That the sitting of the Council be not suspended during the continuation of the Conference on the Electricity Bill.

                 Question put and passed.

 

Electricity

Bill.

   3.

The Minister for Education and Children’s Services, 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.

   4.

Ordered - That Notice of Motion (Government Business) No. 1 be postponed and taken into consideration after Order of the Day (Government Business) No. 20.

 

Postponement

of Business.

   5.

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

 

Postponement

of Business.

   6.

The Minister for Transport (The Hon. D. V. Laidlaw) brought up the Report of the Select Committee on a Proposed Sale of Land at Carrick Hill.

                 Ordered - That the Report be printed.  (Paper No. 195)

 

Select

Committee

on a Proposed

Sale of Land at Carrick Hill.

 

   7.

The Attorney-General, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Equal Opportunity Act 1984.

                 Question put and passed.

                 Bill introduced and read a first time.

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

                 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.

                 On motion of the Hon. C. A. Pickles, the debate was adjourned and ordered to be resumed on motion.

 

Equal

Opportunity

(Sexual

Harassment) Amendment

Bill.

   8.

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

 

Postponement

of Business.

   9.

Ordered - That Orders of the Day (Government Business) No. 5 and No. 6 be postponed and taken into consideration on motion.

 

Postponement

of Business.

10.

Ordered - That Orders of the Day (Government Business) No. 7 and No. 8 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

11.

Ordered - That Order of the Day (Government Business) No. 9 be postponed and taken into consideration on motion.

 

Postponement

of Business.

12.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the South Australian Ports (Bulk Handling Facilities) Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 43 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 Transport, 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.

 

South Australian

Ports (Bulk

Handling

Facilities) Bill.

13.

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

 

Postponement

of Business.

14.

Ordered - That Orders of the Day (Government Business) No. 12 to No. 16 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

15.

Ordered - That Order of the Day (Government Business) No. 17 be postponed and taken into consideration on motion.

 

Postponement

of Business.

16.

Ordered - That Order of the Day (Government Business) No. 18 be an Order of the Day for next day of sitting.

 

Postponement

of Business.

17.

Ordered - That Order of the Day (Government Business) No. 19 be postponed and taken into consideration on motion.

 

Postponement

of Business.

18.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of Message No. 45 from the House of Assembly relating to the Fisheries (Protection of Fish Farms) Amendment Bill.

 

In the Committee

 

                          Resolved - That the amendments be not insisted on.

_____________________

 

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

 

Fisheries

(Protection

of Fish Farms) Amendment

Bill.

19.

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

 

Postponement

of Business.

20.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. T. G. Roberts - That this Council congratulates the joint recipients of the 1996 Nobel Peace Prize, Bishop Carlos Belo and Jose Ramos Horta, recognising the work done to establish a just and lasting peace in East Timor:

                 Debate resumed.

                 Question put and passed.

 

1996 Nobel

Peace Prize Recipients -

Motion re.

21.

On the Order of the Day being read for the adjourned debate on the question - That the Dentists (Clinical Dental Technicians) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. L. H. Davis, the debate was adjourned until Wednesday, 5 February 1996.

 

Dentists

(Clinical Dental

Technicians) Amendment

Bill.

22.

The Minister for Transport, pursuant to notice, moved - That the Report of the Select Committee on a Proposed Sale of Land at Carrick Hill be noted.

                 Debate ensued.

                 And the Hon. J.A.W. Levy having obtained leave to conclude her remarks, the debate was adjourned until next day of sitting.

 

Report of the

Select Committee

on a Proposed

Sale of Land

at Carrick Hill.

23.

At fifteen minutes to 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.

 

24.

The Minister for Education and Children’s Services reported as follows: - The Managers have been to the Conference on the Electricity Bill which was managed on behalf of the House of Assembly by the Treasurer (The Hon. S. J. Baker), Mrs. Kotz and Messrs. Foley, Quirke and Venning and they there received from the Managers on behalf of the House of Assembly the Bill and the following Resolution adopted by that House:-

                 That the disagreement to the amendments of the Legislative Council be insisted on.

        And thereupon the Managers for the two Houses conferred, and it was agreed that we should recommend to the respective Houses that -

As to Amendments Nos. 1 to 5 -

           That the House of Assembly do not further insist on its disagreement thereto.

As to Amendments Nos. 6 and 7 -

           That the Legislative Council do not further insist on these amendments.

As to Amendments Nos. 8 to 27 -

                     That the House of Assembly do not further insist on its disagreement thereto.

                 Ordered - That the President do now leave the Chair and the Council resolve itself into a Committee of the Whole for the consideration of the Recommendations from the Conference.

 

In the Committee

 

                          Resolved - That the Recommendations from the Conference be agreed to.

_____________________

 

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

 

Electricity

Bill.

25.

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

                 By The Hon. C. A. Pickles, from 651 residents of South Australia concerning The Parks High School and praying that the Council will urge the State Government to reverse its decision to close The Parks High School at the end of 1996.

 

Petition

No. 8  -

Parks High School.

26.

Answers to Questions on Notice Nos. 54, 66 and 87 received this day were tabled by the President who directed that they be distributed and printed in Hansard.

 

Answers to

Questions on

Notice.

 

  27.

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

        By the President -

                 Supplementary Report of the Auditor-General, 1995-96.

Papers.

 

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

                 Reports, 1995-96 -

                          Department for Correctional Services.

                          Department for State Government Services.

                          SA Ambulance Service.

                          South Australian Meat Corporation.

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

                 Reports, 1995-96 -

                          Dental Board of South Australia.

                          Occupational Therapists Registration Board of South Australia.

                          Public Advocate.

                          South Australian Health Commission.

 

 

28.

The Attorney-General tabled a copy of Ministerial Statement made by the Minister for Correctional Services (The Hon. W. A. Matthew, M.P.) concerning the Prison Reform Program.

 

Paper Tabled.

29.

The Attorney-General tabled a copy of Ministerial Statement made by the Minister for Emergency Services (The Hon. W. A. Matthew, M.P.) concerning Enterprise Bargaining.

 

Paper Tabled.

30.

The Attorney-General tabled a copy of Ministerial Statement made by the Minister for Primary Industries (The Hon. R. G. Kerin, M.P.) concerning the Bio-Saline Research Centre in the United Arab Emirates.

 

Paper Tabled.

  31.

The Minister for Transport tabled a copy of a Ministerial Statement made by the Minister for Health (The Hon. M. H. Armitage, M.P.) concerning Palliative Care, together with a copy of the Report to Parliament on the Care of People Who are Dying in South Australia, 1996.

 

Paper Tabled.

  32.

The Minister for Transport tabled a copy of a Ministerial Statement made by the Minister for Aboriginal Affairs (The Hon. M. H. Armitage, M.P.) concerning the Aboriginal Lands Trust.

 

Paper Tabled.

33.

The Attorney-General, without notice, moved - That the Standing Orders be so far suspended as to enable Question Time to be extended until twenty-five minutes to four 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.

34.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Motor Vehicles (Inspection) Amendment Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 5 agreed to.

                          Clause No. 6 read.

                 The Hon. T. G. Cameron moved on page 2, lines 12 to 14, to leave out the clause and insert new clause as follows:

        ‘6.  Section 139 of the principal Act is amended -

(a)   by striking out “person authorised in writing” and substituting “Public Service employee authorised in writing”;

(b)   by inserting after subparagraph (ii) of paragraph (ab)  the following subparagraph:

(iii)  has been reported as stolen;’.

Motor Vehicles (Inspection) Amendment

Bill.

 

                 The Hon. S. M. Kanck moved on page 2, lines 12 to 14, to leave out the clause and insert new clause as follows:

        ‘6.  Section 139 of the principal Act is amended -

(a)   by striking out “for the purposes of this Act” and substituting “in accordance with this section”;

(b)   by inserting after subparagraph (ii) of paragraph (ab)  the following subparagraph:

                 (iii)  has been reported as stolen;

(c)    by inserting after its present contents (now to be designated as subsection (1)) the following subsections:

 

 

         (2)  An authorisation to examine motor vehicles -

(a)    may only be granted to -

 (i)      a person employed by a person carrying on the business of selling new motor vehicles or new and second hand motor vehicles; or

(ii)      a person authorised to exercise any of the powers of an inspector under section 160 of the Road Traffic Act 1961; and

(b)    may be subject to conditions; and

(c)    may be revoked at any time.

         (3)  All authorisations to examine motor vehicles granted by the Registrar under this section will expire on the third anniversary of the day on which subsection (2) comes into operation, and no new authorisations may be granted on or after that day.’

                 The Minister for Transport moved to amend the amendment moved by the Hon. S. M. Kanck by inserting the following after proposed new subclause (3):

         “(4)  The Minister may, for the purposes of this section, establish a code of practice to be observed by persons authorised to examine motor vehicles in accordance with this section.

          (5)  A person who contravenes a code of practice established under subsection (3) is guilty of an offence.

Penalty:  Division 6 fine.”

                 Question - That clause No. 6 stand as printed - put and negatived.

 

 

                 Question - That new clause No. 6, as proposed to be inserted by the Hon. T. G. Cameron, be so inserted - put.

           Committee divided:

 

 

Ayes, 11.

The Hon. L. H. Davis

The Hon. M. J. Elliott

The Hon. K. T. Griffin

The Hon. J. C. Irwin

The Hon. S. M. Kanck

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. B.S.L. Pfitzner

The Hon. A. J. Redford

The Hon. J. F. Stefani

The Hon. D. V. Laidlaw (Teller)

 

Noes, 8.

The Hon. T. Crothers

The Hon. P. Holloway

The Hon. J.A.W. Levy

The Hon. P. Nocella

The Hon. C. A. Pickles

The Hon. R. R. Roberts

The Hon. G. Weatherill

The Hon. T. G. Cameron (Teller)

 

 

 

 

So it passed in the negative.

                 Question - That the amendment moved by the Minister for Transport to new clause No. 6 proposed to be inserted by the Hon. S. M. Kanck be agreed to - put and passed.

                 Question - That new clause No. 6, proposed to be inserted by the Hon. S. M. Kanck and as amended by the Minister for Transport, be so inserted - put and passed.

                 Clauses No. 7 to No. 9 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 Transport, 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.

 

 

35.

Ordered - That the adjourned debate on the question - That the Road Traffic (Inspection) Amendment Bill be now read a second time - be now resumed.

                 Debate resumed.

                 Question put and passed.

                 Bill read a second time.

Road Traffic (Inspection) Amendment

Bill.

 

                 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 and No. 2 agreed to.

                          Clause No. 3 read.

                 The Hon. T. G. Cameron moved on page 1, line 16, to leave out paragraph (a)  and insert the following:

‘(a) by striking out from the definition of “inspector” in subsection (1) “person” and substituting “Public Service employee”;’

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

                 The Hon. S. M. Kanck moved on page 2, line 1, to insert “in accordance with the regulations” after “person”.

                 The Hon. T. G. Cameron moved on page 2, lines 1 and 2, to leave out subclause (8).

                 Question - That all words in line 1, down to and including “person” in line 1, stand as printed - put and passed.

                 Question - That the amendment moved by the Hon. S. M. Kanck be agreed to - put and passed.

                          Clause No. 3 otherwise 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 Minister for Transport, 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.

 

 

36.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Local Government (Miscellaneous Provisions) Amendment Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 8 agreed to.

                          Clause No. 9 read.

Local

Government (Miscellaneous Provisions) Amendment

Bill.

 

                 The Hon. M. J. Elliott moved on page 5, lines 20 to 40, and page 6, lines 1 to 3, to leave out proposed new section 65AAB and insert new section as follows:

Investigation by Ombudsman

         65AAB.  (1)  The Ombudsman may, on receipt of a complaint, carry out an investigation under this section if it appears to the Ombudsman that a council may have unreasonably excluded members of the public from its meetings under section 62(2), or unreasonably prevented access to documents under section 64(6).

         (2)  The Ombudsman may, in carrying out an investigation under this section, exercise the powers of the Ombudsman under the Ombudsman Act 1972  as if carrying out an investigation under that Act.

         (3)  At the conclusion of an investigation under this section, the Ombudsman must prepare a written report on the matter.

         (4)  The Ombudsman must supply the Minister and the council with a copy of the report.

         (5)  If the Ombudsman determines that the council has unreasonably excluded members of the public from its meetings under section 62(2) or unreasonably prevented access to documents under section 64(6), the Minister may, on the recommendation of the Ombudsman, give directions to the council with respect to the future exercise of its powers under either or both of those sections, or to release information that should, in the opinion of the Ombudsman, be available to the public.

 

 

         (6)  However, the Minister cannot give a direction under subsection (5) unless the council has been given a reasonable opportunity to make submissions to the Minister in relation to the matter.

         (7)   A council to which directions are given under this section must comply with those directions.

         (8)  This section does not limit any other power of investigation under other provisions of this Act, or under another Act.”

                 Question - That the amendment be agreed to - put:

           Committee divided:

 

 

Ayes, 8.

The Hon. T. Crothers

The Hon. P. Holloway

The Hon. S. M. Kanck

The Hon. P. Nocella

The Hon. C. A. Pickles

The Hon. R. R. Roberts

The Hon. G. Weatherill

The Hon. M. J. Elliott (Teller)

Noes, 7.

The Hon. K. T. Griffin

The Hon. J. C. Irwin

The Hon. R. D. Lawson

The Hon. D. V. Laidlaw

The Hon. B.S.L. Pfitzner

The Hon. J. F. Stefani

The Hon. A. J. Redford (Teller)

 

 

 

So it was resolved in the affirmative.

                          Clause No. 9, as amended, agreed to.

                          Clauses No. 10 to No. 26 agreed to.

                 The Hon. P. Holloway moved on page 10, after line 16, to insert new clause as follows:

Amendment of s. 359 - Closure of streets, roads, etc.

 

 

            27.  Section 359 of the principal Act is amended -

(a)      by inserting after subsection (2) the following subsections:

           (2a)  The council cannot, except in accordance with this section, pass a resolution under subsection (1) or (2) if it would have the effect of a prescribed street, road or public place being closed (whether wholly or partially) to all vehicles or a class of vehicles -

(a)    for a continuous period of more than 6 months; or

(b)    for periods that, in aggregate, exceed 6 months in any 12 month period.

           (2b)  If the council proposes to pass a resolution of a kind referred to in subsection (2a), the following provisions apply:

(a)      the council must first give notice of the proposal in a newspaper that circulates generally throughout the State, inviting interested persons to make submissions on the proposal within a period, being not less than 4 weeks, specified in the notice; and

(b)      the council must give written notice, personally or by post, to -

 (i)     each ratepayer who is the owner or occupier of land that abuts the prescribed street, road or public place, being land that is wholly or partially within the council’s area; and

(ii)     each affected council,

inviting submissions to be made on the proposal within a period, being not less than four weeks, specified in the notice; and

(c)     the council must, in deciding whether or not to pass the resolution, take into consideration all submissions made in response to an invitation under paragraph (a) or (b); and

(d)    such a resolution cannot be published in the Gazette until confirmed by the Minister for Transport; and

(e)    the Minister for Transport must consult with the Minister to whom the administration of this Act is committed before confirming such a resolution.;

 

 

(b)      by inserting after subsection (4) the following subsection:

(5) In this section -

affected council”, in relation to the closure of a prescribed street, road or public place, means a council into the area of which, or along the boundary of which, the street, road or public place runs;

 

 

prescribed street, road or public place” means a street, road or public place that runs into, or along the boundary of, the area of a council other than the council proposing the closure.’

                 Question - That new clause No. 27, as proposed to be inserted by the Hon. P. Holloway, be so inserted - put and negatived.

                          Title agreed to.

_____________________

 

                 The President resumed the Chair, and reported that the Committee had considered the Bill and had agreed to the same with an amendment; whereupon the Council adopted such report.

                 The Minister for Transport, 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.

 

 

37.

At twelve minutes past 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.

38.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the South Eastern Water Conservation and Drainage (Contributions) Amendment Bill.

 

In the Committee

 

                          Clause No. 1 agreed to.

                          Clause No. 2 read.

                 The Hon. M. J. Elliott moved on page 2, line 16, to leave out “, for example,”.

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

                          Clause No. 2 otherwise amended and agreed to.

                          Clauses No. 3 and 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 Minister for Transport, 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.

 

South Eastern

Water

Conservation

and Drainage (Contributions)

Amendment

Bill.

39.

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

                 Debate resumed.

                 Question put and passed.

                 Bill read a second time.

RSL Memorial

Hall Trust

Bill.

 

 

                 The President ruled that this Bill is a Hybrid Bill which must be referred to a Select Committee, pursuant to Standing Order No. 268.

President’s

Ruling.

 

 

                 The Attorney-General moved - That the Select Committee consist of The Hon. P. Holloway, The Hon. S. M. Kanck, The Hon. P. Nocella, The Hon. A. J. Redford and the Mover.

                 Question put and passed.

Select

Committee

appointed.

 

 

                 The Attorney-General moved - That Standing Order No. 389 be so far suspended as to enable the Chairperson of the Committee to have a deliberative vote only.

                 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 Attorney-General moved - That this Council permits the Select Committee to authorise the disclosure or publication, as it thinks fit, of any evidence presented to the Committee prior to such evidence being reported to the Council.

                 Question put and passed.

                 The Attorney-General moved - That the Select Committee have power to send for persons, papers and records, to adjourn from place to place, and to report on Tuesday, 4 February 1997.

                 Question put and passed.

 

 

40.

Ordered - That the adjourned debate on the question - That the St. John (Discharge of Trusts) Bill be now read a second time - be now resumed.

                 Debate resumed.

                 Question put and passed.

                 Bill read a second time.

St. John

(Discharge

of Trusts)

Bill.

 

 

                 The President ruled that this Bill is a Hybrid Bill which must be referred to a Select Committee, pursuant to Standing Order No. 268.

President’s Ruling.

 

 

                 The Attorney-General moved - That the Select Committee consist of The Hon. P. Holloway, The Hon. S. M. Kanck, The Hon. P. Nocella, The Hon. A. J. Redford and the Mover.

                 Question put and passed.

Select

Committee

appointed.

 

 

                 The Attorney-General moved - That Standing Order No. 389 be so far suspended as to enable the Chairperson of the Committee to have a deliberative vote only.

                 Question put and passed without a dissentient voice, there being present an absolute majority of the whole number of Members of the Council.

                 The Attorney-General moved - That this Council permits the Select Committee to authorise the disclosure or publication, as it thinks fit, of any evidence presented to the Committee prior to such evidence being reported to the Council.

                 Question put and passed.

                 The Attorney-General moved - That the Select Committee have power to send for persons, papers and records, to adjourn from place to place, and to report on Tuesday, 4 February 1997.

                 Question put and passed.

 

Suspension

of Standing

Orders.

 

41.                                                                                                                                                                                                                                   

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

Message No. 47

                 MR. PRESIDENT - The House of Assembly has agreed to the amendment made by the Legislative Council in the Irrigation (Conversion to Private Irrigation District) Amendment, without any amendment.

House of Assembly, 5 December 1996.                                                                  G. M. GUNN, Speaker.

 

Messages from House of Assembly:

Irrigation

(Conversion to Private Irrigation District)

Amendment Bill.

 

 

Message No. 48

                 MR. PRESIDENT - The House of Assembly, having considered the recommendations of the Conference on the Electricity Bill, has agreed to the same.

House of Assembly, 5 December 1996.                                                                  G. M. GUNN, Speaker.

 

Electricity Bill.

 

 

Message No. 49

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to provide for the confiscation of criminal assets; to repeal the Crimes (Confiscation of Profits) Act 1986; to make related amendments to the Criminal Law Consolidation Act 1935 and the Lottery and Gaming Act 1936; and for other purposes, with the amendment indicated by the annexed Schedule, to which amendment the House of Assembly desires the concurrence of the Legislative Council.

House of Assembly, 5 December 1996.                                                                  G. M. GUNN, Speaker.

Schedule of the amendment made by the House of Assembly

Page 12 - After line 16 insert new clause 19 as follows:-

Criminal Injuries Compensation Fund

         19.  (1)  Subject to any direction of the court by which the forfeiture is imposed -

(a)   money forfeited under this Act or obtained by realisation of other property forfeited under this Act; or

Criminal Assets

Confiscation

Bill.

 

 

(b)    money deriving from the enforcement in the State of an order under a corresponding law registered in the State,

must be applied towards the costs of administering this Act (including salary and other costs associated with the employment of the Administrator) and the balance must be paid into the Criminal Injuries Compensation Fund.

           (2)  Any money -

(a)    paid to the State under the equitable sharing program; or

(b)    received by the Commonwealth from a foreign country within the meaning of the Mutual Assistance in Criminal Matters Act 1987  under a treaty or arrangement providing for mutual assistance in criminal matters and paid by the Commonwealth to the State,

must be paid into the Criminal Injuries Compensation Fund.

         (3)  The purposes for which money may be applied from the Criminal Injuries Compensation Fund include -

(a)    the financial support, to an extent determined by the Attorney-General, of programs directed at the treatment and rehabilitation of drug-dependent persons (but the extent of that support cannot exceed the income of the Fund derived from forfeitures related to serious drug offences); and

(b)    payments to the Commonwealth or to another State or a Territory of the Commonwealth, under the equitable sharing program.

G. D. MITCHELL,

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

 

                          Resolved - That the amendment be agreed to.

                         

_____________________

 

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

 

 

  42.

Ordered - That the adjourned debate on the question - That the Equal Opportunity (Sexual Harassment) Amendment Bill be now read a second time - be now resumed.

                 Debate resumed.

                 And the Hon. C. A. Pickles having obtained leave to conclude her remarks, the debate was adjourned until next day of sitting.

 

Equal

Opportunity

(Sexual

Harassment) Amendment Bill.

43.

The Minister for Education and Children’s Services moved - That the Council, at its rising, do adjourn until Tuesday, 4 February 1997, at fifteen minutes past two o’clock.

                 Debate ensued.

                 Question put and passed.

 

Next Day

of Sitting.

  44.

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

Message No. 50

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to regulate second-hand dealers and pawnbrokers: to amend the Magistrates Court Act 1991 and the Summary Offences Act 1953; and for other purposes, without any amendment.

House of Assembly, 5 December 1996.                                                                  G. M. GUNN, Speaker.

 

Message from

House of Assembly:

Second-hand

Dealers and Pawnbrokers Bill.

 

 

Message No. 51

                 MR. PRESIDENT - The House of Assembly has disagreed to the amendment made by the Legislative Council in the Local Government (Miscellaneous Provisions) Amendment Bill.  The House of Assembly returns the Bill herewith and desires its reconsideration.

House of Assembly, 5 December 1996.                                                                  G. M. GUNN, Speaker.

Local

Government

(Miscellaneous Provisions) Amendment Bill.

 

 

                 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

 

                          Resolved - That the amendment be insisted on.

                         

_____________________

 

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

 

 

45.

At twenty-nine minutes to ten o’clock the sitting was suspended until the ringing of the bells.

                 At twenty-two minutes to ten o’clock the sitting was resumed.

 

Suspension and

Resumption of

Sitting.

 

  46.

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

Message No. 52

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Motor Vehicles 1959; and for other purposes, without any amendment.

House of Assembly, 5 December 1996.                                                                  G. M. GUNN, Speaker.

 

Messages from House of

Assembly:

Motor Vehicles (Inspection) Amendment Bill.

 

 

Message No. 53

                 MR. PRESIDENT - The House of Assembly requests that a Conference may be granted to it respecting certain amendments in the Local Government (Miscellaneous Provisions) Amendment Bill.  In the event of a Conference being agreed to, the House of Assembly will be represented at the Conference by five Managers.

House of Assembly, 5 December 1996.                                                                  G. M. GUNN, Speaker.

                 Ordered - That a Message be sent to the House of Assembly granting a Conference as requested by that House; and that the time and place for holding the same be the Plaza Room at the hour of 9.45 p.m. this day and that the Hon. M. J. Elliott, the Hon. P. Holloway, the Hon. A. J. Redford, the Hon. G. Weatherill and the Minister for Transport be the Managers on the part of this House.

 

Local

Government (Miscellaneous Provisions)

Amendment

Bill.

 

  47.

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

Message No. 54

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Road Traffic Act 1961; and for other purposes, without any amendment.

House of Assembly, 5 December 1996.                                                                  G. M. GUNN, Speaker

 

Messages from House of Assembly:

Road Traffic (Inspection) Amendment Bill.

 

 

Message No. 55

                 MR. PRESIDENT - In reply to Message No. 48 from the Legislative Council, the House of Assembly agrees to the time and place appointed by the Legislative Council for holding the Conference.

House of Assembly, 5 December 1996.                                                                  G. M. GUNN, Speaker.

 

Local

Government (Miscellaneous Provisions)

AmendmentBill.

 

48.

At ten minutes to ten o’clock the sitting was suspended until the ringing of the bells.

                 At five minutes past eleven o’clock the sitting was resumed.

 

Suspension and

Resumption of

Sitting.

 

49.

 

The Minister for Transport reported as follows: - The Managers have been to the Conference on the Local Government (Miscellaneous Provisions) Amendment Bill which was managed on behalf of the House of Assembly by the Minister for Housing, Urban Development and Local Government Relations (The Hon. E. S. Ashenden), Ms. Greig, Ms. Hurley, Ms. Rosenberg and Ms. White and they there received from the Managers on behalf of the House of Assembly the Bill and the following Resolution adopted by that House:-

Local

Government (Miscellaneous Provisions) Amendment Bill.

 

                 That the disagreement to the amendments of the Legislative Council be insisted on.

        And thereupon the Managers for the two Houses conferred, and it was agreed that we should recommend to the respective Houses -

                 That the Legislative Council amend its amendment by leaving out proposed new section (5) and inserting new subsection (5) as follows:-

                                   “(5)  If the Minister, after taking into account the report of the Ombudsman under this section, believes that the council has unreasonably excluded members of the public from its meetings under section 62(2) or unreasonably prevented access to documents under section 64(6), the Minister may give directions to the council with respect to the future exercise of its powers under either or both of those sections, or to release information that should, in the opinion of the Minister, be available to the public.”

                 And that the House of Assembly agree thereto.

                 Ordered - That the President do now leave the Chair and the Council resolve itself into a Committee of the Whole for the consideration of the Recommendations from the Conference.

                 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

 

                          Resolved - That the Recommendations from the Conference be agreed to.

_____________________

 

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

 

 

  50.

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

Message No. 56

                 MR. PRESIDENT - The House of Assembly has agreed to the amendment made by the Legislative Council in the South Eastern Water Conservation and Drainage (Contribution) Amendment Bill, without any amendment.

House of Assembly, 5 December 1996.                                                                  G. M. GUNN, Speaker.

 

Messages from House of Assembly:

South Eastern

Water

Conservation and Drainage (Contributions) Amendment  Bill.

 

 

Message No. 57

                 MR. PRESIDENT - The House of Assembly, having considered the recommendations of the Conference on the Local Government (Miscellaneous Provisions) Amendment Bill, has agreed to the same.

House of Assembly, 5 December 1996.                                                                  G. M. GUNN, Speaker.

 

Local Government (Miscellaneous Provisions)

Amendment Bill.

 

51.

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

 

Postponement

of Business.

52.

Council adjourned at eleven minutes past eleven o’clock until Tuesday, 4 February 1997, 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. M. J. Elliott

The Hon. K. T. Griffin

The Hon. P. Holloway

The Hon. J. C. Irwin

 

The Hon. S. M. Kanck

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. J.A.W. Levy

The Hon. R. I. Lucas

The Hon. P. Nocella

The Hon. B.S.L. Pfitzner

The Hon. C. A. Pickles

The Hon. A. J. Redford

The Hon. R. R. Roberts

The Hon. J. F. Stefani

The Hon. G. Weatherill

 

 

 

 

 

Member absent on leave - The Hon. T. G. Roberts