SOUTH AUSTRALIA]

No. 43

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  6  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.

The Hon. R. R. Roberts brought up the Twenty-second Report, 2000-2001 of the Legislative Review Committee.

 

Legislative
Review
Committee -
Twenty-second Report,
2000-2001.

   3.

The Treasurer (The Hon. R. I. Lucas), without notice, moved - That the Standing Orders be so far suspended as to enable Question Time to be extended to enable the Hon. M. J. Elliott to complete a question and for him to complete 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.

   4.

The President called on Members to make Statements on Matters of Interest.

 

Statements
on Matters
of Interest.

   5.

The Hon. M. J. Elliott, pursuant to notice, moved - That the Standing Orders Committee of the Legislative Council prepare amendments to the Standing Orders to provide for an estimates committee examination of the Appropriation Bills in the Legislative Council in future years.

                 Debate ensued.

                 On motion of the Hon. T. G. Roberts, the debate was adjourned until Wednesday, 4 July 2001.

 

Standing Orders Committee to prepare
amendments to
Standing Orders to
provide estimates
committee -
Motion re.

 

   6.

The Hon. T. G. Cameron, pursuant to notice, moved -

              I.      That a Select Committee of the Legislative Council be appointed to investigate and report upon the financial activities which lead to the collapse of G. C. Growden Pty. Ltd. (Mortgage Investments), the financial and legal implications for the investors involved and any other related matter;

             II.      That the Committee consist of six Members and that the quorum of Members necessary to be present at all meetings of the Committee be fixed at four Members and that Standing Order No. 389 be so far suspended as to enable the Chairperson of the Committee to have a deliberative vote only;

            III.      That this Council permits the Select Committee to authorise the disclosure or publication, as it thinks fit, of any evidence or documents presented to the Committee prior to such evidence being reported to the Council; and

 

Collapse of
G. C. Crowden
Pty. Ltd. -
Motion for
establishment of
Select Committee.

 

 

            IV.      That Standing Order No. 396 be suspended to enable strangers to be admitted when the Select Committee is examining witnesses unless the Committee otherwise resolves, but they shall be excluded when the Committee is deliberating.

                 Debate ensued.

                 On motion of the Hon. T. G. Roberts, the debate was adjourned until Wednesday, 4 July 2001.

 

 

   7.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. M. J. Elliott - That the Legislative Council urges the South Australian Government to provide assistance to persons affected by the collapse of the HIH Insurance Group and, in particular, policy holders or those making a claim against policy holders:

                 Debate resumed.

                 On motion of the Hon. T. G. Roberts, the debate was adjourned until Wednesday, 4 July 2001.

 

Collapse of
HIH Insurance
Group - State
Government
to provide
assistance -
Motion re.

 

   8.

Ordered - That Order of the Day (Private Business) No. 2 be an Order of the Day for Wednesday, 4 July 2001.

 

Postponement
of Business.

   9.

The Hon. N. Xenophon, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to require government advertising to meet minimum standards with respect to objectivity, fairness and accountability, and to prohibit the expenditure of taxpayer’s money on advertising which promotes party political interests.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. N. Xenophon then moved - That this Bill be now read a second time.

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

 

Government
Advertising
(Objectivity,
Fairness and
Accountability) Bill.

 

10.

Ordered - separately -That Orders of the Day (Private Business) No. 4 to No. 9 be Orders of the Day for Wednesday, 4 July 2001.

 

Postponement
of Business.

11.

On the Order of the Day being read for the adjourned debate on the question - That the Development (Adult Book/Sex Shops) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. R. R. Roberts, the debate was adjourned until Wednesday, 4 July 2001.

 

Development
(Adult Book/Sex
Shops)
Amendment Bill.

 

12.

Ordered - separately - That Orders of the Day (Private Business) No. 11 to No. 26 be Orders of the Day for Wednesday, 4 July 2001.

 

Postponement
of Business.

13.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (Dust-Related Conditions) Bill be now read a second time:

                 Debate resumed.

                 Question put and passed.

                 Bill read a second time.

                 Ordered - That the Bill’s consideration in Committee be an Order of the Day for Wednesday, 4 July 2001.

 

Statutes
Amendment
(Dust-Related
Conditions) Bill.

14.

At two 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.

 

15.

On the Order of the Day being read for the adjourned debate on the question - That the Genetically Modified Material (Temporary Prohibition) Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. T. G. Roberts, the debate was adjourned until Wednesday, 4 July 2001.

 

Genetically
Modified Material (Temporary
Prohibition) Bill.

 

16.

Ordered - separately - That Orders of the Day (Private Business) No. 29 to No. 32 be Orders of the Day for Wednesday, 4 July 2001.

 

Postponement
of Business.

17.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. N. Xenophon -

              I.      That a Select Committee be established to inquire into and make recommendations on the role and adequacy of Government-funded national broadcasting and to examine the impact of these broadcasters on the South Australian economy and community, and in particular to examine -

                       (a)     The current and long-term distribution of Government-funded national broadcasting resources and the effect of this distribution on South Australia;

                       (b)     The effects on industry, including broadcasting, film and video production and multimedia;

                       (c)     The effects on the arts and cultural life in South Australia, including whether Government-funded national broadcasters adequately service South Australia;

                       (d)     Whether Government-funded national broadcasters adequately service South Australia in respect of South Australian current affairs coverage;

                       (e)     The programming mix available from Government-funded national broadcasters and how programming decisions are made and whether the programming which is delivered is geographically balanced.

             II.      That Standing Order No. 389 be suspended as to enable the Chairperson of the Committee to have a deliberative vote only.

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

            IV.      That Standing Order No. 396 be suspended to enable strangers to be admitted when the Select Committee is examining witnesses unless the Committee otherwise resolves, but they shall be excluded when the Committee is deliberating.:

                 Which the Minister for Transport and Urban Planning had moved to amend by leaving out all words after “That” in line 1 and inserting the following:

                       “this Council registers its concern with the Commonwealth Government and national broadcasters regarding the role and adequacy of Government-funded national broadcasting and the related allocation of resources on the South Australian economy and community and, in particular, the effect of the distribution of resources on -

                       (a)     the broadcasting, film and video production and multi media industries;

                       (b)     the arts and cultural life in South Australia;

                       (c)     our rural communities in terms of service delivery and jobs; and

                       (d)     current affairs coverage generally.

             II.      That this Council seeks confirmation from the Commonwealth Government regarding the programming mix from Government-funded national broadcasters, including how programming decisions are made and whether the programming which is delivered is geographically balanced.

            III.      That this motion be forwarded to the Commonwealth Minister for Communications, Information Technology and the Arts’ attention, and the Prime Minister and all South Australian Members of the Commonwealth Parliament, for information.”

                 Debate resumed.

                 The Hon. S. M. Kanck moved to amend the motion by leaving out all words after the word “That” in line 1 and inserting:

                       “this Council voices its utmost concern at the totally inadequate allocation of resources by the ABC to the production in South Australia of:

                       (a)     current affairs programs, especially in regard to its associated impact on rural communities; and

                       (b)     broadcasting, film, video production and new media and the effect this lack of production has upon the arts and cultural life in South Australia.

             II.      That this Council seeks from the Minister -

                       (a)     a detailed breakdown of ABC budget expenditure in each State and Territory, both in gross terms and as a per capita figure;

                       (b)     information as to how programming decisions are made and whether the programming delivered is geographically balanced; and

                       (c)     an explanation as to how the Minister reconciles the current situation in the light of the national identity requirement in the ABC’s Charter, and in light of section 2.3.3 of the ABC’s editorial policies.

 

Role and Adequacy
of Government-
funded National
Broadcasting -
Appointment of
Select Committee -
Motion re.

 

 

            III.      That this motion be forwarded for the attention of the Commonwealth Minister for Communications, Information Technology and the Arts and for information of the Prime Minister and all South Australian Members of the Commonwealth Parliament.”

                 On motion of the Hon. R. R. Roberts, the debate was adjourned until Wednesday, 4 July 2001.

 

 

18.

Ordered - That Order of the Day (Private Business) No. 34 be an Order of the Day for Wednesday, 4 July 2001.

 

Postponement
of Business.

19.

Ordered - That Order of the Day (Private Business) No. 35 be postponed and taken into consideration on motion.

 

Postponement
of Business.

20.

Ordered - That Order of the Day (Private Business) No. 36 be an Order of the Day for Wednesday, 4 July 2001.

 

Postponement
of Business.

21.

Ordered - That Order of the Day (Private Business) No. 37 be postponed and taken into consideration on motion. 

 

Postponement
of Business.

22.

Ordered - separately - That Orders of the Day (Private Business) No. 38 and No. 39 be Orders of the Day for Wednesday, 4 July 2001.

 

Postponement
of Business.

23.

The Attorney-General (The Hon. K. T. Griffin), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Building Work Contractors Act 1995, the Conveyancers Act 1994, the Land Agents Act 1994, the Plumbers, Gas Fitters and Electricians Act 1995, the Second-hand Vehicle Dealers Act 1995, the Security and Investigation Agents Act 1995 and the Travel Agents Act 1996.

                 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.

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

 

Statutes
Amendment
(Consumer Affairs)
Amendment Bill.

 

24.

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

 

Postponement
of Business.

25.

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.

                 Question put and passed.

                 Bill read a second time.

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

 

 

                 The Attorney-General, without notice, moved - That the Standing Orders be so far suspended as to enable him to move an Instruction without Notice.

                 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 it be an Instruction to the Committee of the Whole Council on the Bill that it has power to divide the Bill into two Bills, one Bill comprising clauses Nos. 1 to 11 and 13 to 20 and the Schedule, and the other comprising clause No. 12, and that it be an Instruction to the Committee of the Whole Council on the No. 2 Bill that it have power to insert the Words of Enactment.

                 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

 

Suspension of
Standing Orders.

 

 

                 The Attorney-General moved - That, according to instruction, the Bill be divided into two Bills, the first to be referred to as the “Classification (Publications, Films and Computer Games) (Miscellaneous) Amendment Bill (No. 1)” to include clauses Nos. 1 to 11 and 13 to 20 and the Schedule, and the second to be referred to as the “Classification (Publications, Films and Computer Games) (Miscellaneous) Amendment Bill (No. 2)” and to comprise clause No. 12.

                 Question put and passed.

                          Clauses No. 1 to No. 11 agreed to.

 

Instruction.

 

 

                          Clause No. 12 postponed until after consideration of Bill No. 1 has been reported and concluded.

                          Clauses No. 13 to No. 20 agreed to.

                          Schedule agreed to.

                          Title agreed to.

                 The Attorney-General moved - That progress be reported on the Classification (Publications, Films and Computer Games) Amendment Bill (No. 2), and that the Committee seek leave to sit again.

                 Question put and passed.

_____________________

 

 

 

                 The President resumed the Chair, and reported that the Committee had considered the Bill referred to it, had divided it into two Bills pursuant to Instruction, and had agreed to the No. 1 Bill without amendment and had made progress on the No. 2 Bill, and asks leave to sit again in respect thereof; whereupon the Council adopted such reports.

                 The Attorney-General, pursuant to contingent notice, moved - That the Standing Orders be so far suspended as to enable Bill No. 1 to pass through its remaining stages without delay.

                 Question put and passed.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

Classification
(Publications,
Films  and
Computer Games)
(Miscellaneous)
(No. 1)
Amendment Bill.

 

 

                 Ordered - That the Classification (Publications, Films and Computer Games) (Miscellaneous) Amendment Bill (No. 2) be now proceeded with.

                 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

 

                          New clause No. 1 inserted.

                          New clause No. 2 inserted.

                          Clause No. 12 agreed to.

                          Words of Enactment, pursuant to Instruction, inserted.

                          Title inserted.

_____________________

 

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

Classification
(Publications,
Films  and
Computer Games)
(Miscellaneous)
(No. 2)
Amendment Bill.

 

 

                 The Attorney-General moved - That the Standing Orders be so far suspended as to enable the Bill to be referred to a Select Committee.

                 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 -

                            I.     That the Bill be referred to a Select Committee.

Suspension of
Standing Orders.

 

 

                          II.      That Standing Order No. 389 be suspended as to enable the Chairperson of the Committee to have a deliberative vote only.

                        III.      That this Council permits the Select Committee to authorise the disclosure or publication, as it thinks fit, of any evidence or documents presented to the Committee prior to such evidence being presented to the Council; and

Suspension of
Standing Orders.

 

 

                         IV.      That Standing Order No. 396 be suspended as to enable strangers to be admitted when the Select Committee is examining witnesses unless the Committee otherwise resolves, but they shall be excluded when the Committee is deliberating.

                 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 the Select Committee consist of the Hon. I. Gilfillan, the Hon. P. Holloway, the Hon. J. F. Stefani, the Hon. C. Zollo and the mover.

                 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 Thursday, 5 July 2001.

                 Question put and passed.

 

Select Committee
appointed.

 

26.

On the Order of the Day being read for the adjourned debate on the question - That the Equal Opportunity (Miscellaneous) Amendment Bill be now read a second time:

                 Debate resumed.

                 Question put and passed.

                 Bill read a second time.

                 Ordered - That the Bill’s consideration in Committee be an Order of the Day for next day of sitting.

 

Equal Opportunity
(Miscellaneous)
Amendment Bill.

 

27.

Ordered - That Orders of the Day (Government Business) No. 5 to No. 8 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

28.

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.

                 Question put and passed.

                 Bill read a second time.

                 Ordered - That the Bill’s consideration in Committee be an Order of the Day for next day of sitting.

 

Graffiti Control
Bill.

 

29.

Ordered - That Orders of the Day (Government Business) No. 10 to No. 15 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

30.

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

Message No. 71

                 MR. PRESIDENT - The House of Assembly requests that the Legislative Council give permission to the Treasurer (Hon. R. I. Lucas), the Attorney-General  (Hon. K. T. Griffin) and the Minister for Transport and Urban Planning (Hon. D. V. Laidlaw), Members of the Legislative Council, to attend and give evidence before the Estimates Committees of the House of Assembly on the Appropriation Bill.

House of Assembly, 6 June 2001.                                                                       J.K.G. OSWALD, Speaker.

                 Ordered - That the Message be taken into consideration forthwith.

                 The Attorney-General moved - That the Treasurer, the Attorney-General and the Minister for Transport and Urban Planning have leave to attend and give evidence before the Estimates Committee of the House of Assembly on the Appropriation Bill, if they think fit.

                 Question put and passed.

 

Messages from

House of

Assembly:

Estimates Committees -
Council Ministers
to attend.

 

 

 

Message No. 72

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to refer certain matters relating to corporations and financial products and services to the Parliament of the Commonwealth for the purposes of section 51 (xxxvii) of the Constitution of the Commonwealth, without any amendment.

House of Assembly, 6 June 2001.                                                                       J.K.G. OSWALD, Speaker.

 

Corporations (Commonwealth Powers) Bill.

 

 

Message No. 73

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to enact ancillary provisions, including transitional provisions, relating to the enactment by the Parliament of the Commonwealth of new corporations legislation and new ASIC legislation under its legislative powers, including powers with respect to matters referred to that Parliament for the purposes of section 51(xxxvii) of the Constitution of the Commonwealth, without any amendment.

House of Assembly, 6 June 2001.                                                                       J.K.G. OSWALD, Speaker.

 

Corporations (Ancillary Provisions) Bill.

 

 

Message No. 74

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act relating to administrative actions taken by Commonwealth authorities or officers of the Commonwealth under certain State laws relating to corporations, without any amendment.

House of Assembly, 6 June 2001.                                                                       J.K.G. OSWALD, Speaker.

 

Corporations (Administrative Actions) Bill.

 

 

Message No. 75

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Administration and Probate Act 1919, the Architects Act 1939, the ASER (Restructure) Act 1997, the Associations Incorporation Act 1985, the Bank Mergers (South Australia) Act 1997, the Business Names Act 1996, the Chiropodists Act 1950, the Community Titles Act 1996, the Co-operatives Act 1997, the Corporations (Commonwealth Powers) Act 2001, the Crown Lands Act 1929, the Debits Tax Act 1994, the Emergency Services Funding Act 1998, the Financial Sector Reform (South Australia) Act 1999, the Gas Pipelines Access (South Australia) Act 1997, the Ground Water (Qualco-Sunlands) Control Act 2000, the Institute of Medical and Veterinary Science Act 1982, the Irrigation Act 1994, the Lottery and Gaming Act 1936, the Mining Act 1971, the Motor Accident Commission Act 1992, the National Electricity (South Australia) Act 1996, the Partnership Act 1891, the Pay-roll Tax Act 1971, the Petroleum Products Regulation Act 1995, the Public Finance and Audit Act 1987, the South Australian Co-operative and Community Housing Act 1991, the Stamp Duties Act 1923, the Tobacco Products Regulation Act 1997 and the Trustee Companies Act 1988, without any amendment.

House of Assembly, 6 June 2001.                                                                       J.K.G. OSWALD, Speaker.

 

Statutes
Amendment (Corporations) Bill.

 

Message No. 76

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Land Tax Act 1936, the Pay-roll Tax Act 1971 and the Stamp Duties Act 1923, to which it desires the concurrence of the Legislative Council.

House of Assembly, 6 June 2001.                                                                     J.K.G. OSWALD, Speaker.

                 Bill read a first time.

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

 

Statutes
Amendment
Taxation Measures Bill.

 

 

Message No. 77

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act amend the First Home Owner Grant Act 2000, to which it desires the concurrence of the Legislative Council.

House of Assembly, 6 June 2001.                                                                     J.K.G. OSWALD, Speaker.

                 Bill read a first time.

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

 

First Home
Owners Grant
(New Homes) Amendment Bill.

31.

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.

32.

Ordered - That Order of the Day (Government Business) No. 17 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

33.

Ordered - separately - That Orders of the Day (Private Business) No. 35 and No. 37 be Orders of the Day for Wednesday, 4 July 2001.

 

Postponement
of Business.

34.

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

Message No. 78

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act amend the Water Resources Act 1997, to which it desires the concurrence of the Legislative Council.

House of Assembly, 6 June 2001.                                                                     J.K.G. OSWALD, Speaker.

                 Bill read a first time.

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

 

Message from

House of

Assembly:

Water Resources (Reservation of Water)
Amendment Bill.

35.

Council adjourned at twenty minutes to eleven 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. 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