[SOUTH AUSTRALIA]

No. 41

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY  6  JULY  1999

 

 

 

   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 Attorney-General (The Hon. K. T. Griffin), by leave, without notice, moved - That the sitting of the Council be not suspended during the continuation of the Conference on the Listening Devices (Miscellaneous) Amendment Bill.

                 Question put and passed.

 

Listening Devices (Miscellaneous) Amendment Bill.

 

   3.

Answers to Questions on Notice Nos. 10, 129, 132, 141, 151 to 153, 174, 192, 194 and 196 received this day were tabled by the President who directed that they be distributed and printed in Hansard.

 

Answers to

Questions on

Notice.

   4.

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

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

                 Regulation under the following Act -

                          Fees Regulation Act 1927 - Water Assessment.

                 Directions to ETSA Corporation - Ministerial Directions.

                 Motor Accident Commission - Charter.

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

                 Regulations under the following Acts -

                          Acts Specified in Schedules - Variation and Revocation.

                          Apiaries Act 1931 - Fees.

                          Criminal Law (Sentencing) Act 1988 - Drivers Licence Disqualification Fee.

                          District Court Act 1991 - Fees.

                          Environment, Resources and Development Court Act 1993 -

                                   General Jurisdiction Fees.

                                   Other Fees.

                          Evidence Act 1929 -

                                   Prescribed Courts.

                                   Reproduction of Documents.

                          Explosives Act 1936 - Revocation.

                          Fisheries Act 1982 -

                                   Abalone Fishery.

                                   Blue Crab Fishery.

                                   General.

                                   Lakes and Coorong Fishery.

                                   Marine Scalefish.

                                   Miscellaneous Fishery.

                                   Prawn Fisheries.

                                   Revocation.

                                   River Murray Fishery.

                                   Rock Lobster Fishery.

                          Magistrates Court Act 1991 - Civil Fees.

                          Opal Mining Act 1995 - Marla.

                          Sewerage Act 1929 - Fees.

                          Sheriff’s Act 1978 - Fees.

                           Waterworks Act 1932 - Fees.

                          WorkCover Corporation Act 1994 - Statutory Reserves.

                          Youth Court Act 1993 - Fees.

                 Rules of Court - Supreme Court -

                          Supreme Court Act 1987 - Enforcement of Orders.

                 Direction to South Australian Totalizator Agency Board - Ministerial Directions.

                 State Electoral Office - General Elections 11 October 1997 Election Report.

Papers.

 

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

                 Fire Equipment Services South Australia - Report 1997-98.

                 Regulation under the following Act -

                          Police Act 1998 - General.

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

                 Regulations under the following Acts -

                          Liquor Licensing Act 1997 -

                                   Age Identification Code.

                                   Long Term Dry Areas -

                                             Hallett Cove.

                                             Port Pirie.

                          Travel Agents Act 1986 - National Deed of Trust.

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

                 Aboriginal Lands Trust - Report, 1997-1998.

                 Regulations under the following Acts -

                          Chiropodists Act 1950 - Fees.

                          Controlled Substances Act 1984 - Expiation of Offences.

                          Development Act 1993 - Retail Developments.

                          Harbors and Navigation Act 1993 - Petroleum Transfer.

                          Nurses Act 1999 - Electoral.

                          Passenger Transport Act 1994 - Vehicle Accreditation.

 

 

                          Reproductive Technology Act 1988 - Ethical Practice.

                          South Australian Health Commission Act 1976 -

                                   Medicare Patient Fees.

                                   Recognised Hospital Fees.

                 Third Party Premiums Committee - Determinations.

 

 

   5.

The President made the following statement -

                 As Honourable Members know, the Weekly Hansard is now available on the Internet on the Tuesday following a sitting week.

                 It has now been decided that, as from the start of the Spring Session, a corrected Daily Hansard will be put on the Internet at about 4.00 p.m. on the day following a sitting, thus considerably improving this service to Members and the public by making Hansard available some days sooner than is presently the case.

                 It is also intended, from the beginning of next session, to extend throughout Parliament House on the Intranet the present on-line service now available in the Hansard office and the Parliamentary Library that provides electronically both uncorrected Daily and Weekly Hansard.  In this form, the uncorrected Daily Hansard will be available within a couple of hours of Parliament’s adjourning of an evening.  For reasons of confidentiality, this service should remain in-house.

                 I take this opportunity to remind Honourable Members that any corrections to Hansard should relate only to inaccuracies; they must not alter the meaning of anything said or introduce a new matter.

 

President’s

Statement.

 

   6.

The Hon. L. H. Davis brought up the Minutes of Evidence taken by the Statutory Authorities Review Committee on the Management of the West Terrace Cemetery by the Enfield General Cemetery Trust.

 

Statutory Authorities Review Committee - Minutes of Evidence on the Management

of the West Terrace Cemetery by the Enfield General Cemetery Trust.

 

   7.

The Attorney-General, without notice,  moved - That the Standing Orders be so far suspended as to enable the Treasurer to give Notices of Motion after the time for giving such Notices had expired and to enable him to introduce a Bill forthwith.

                 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.

 

   8.

                 The Attorney-General, pursuant to suspension of Standing Orders, then moved - That he have leave to introduce a Bill for an Act to provide that certain decisions of the Federal Court of Australia or the Family Court of Australia have effect as decisions of the Supreme Court and to make other provision relating to certain matters relating to the jurisdiction of those courts; to amend the Competition Policy Reform (South Australia) Act 1996; and for other purposes.

                 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.

 

Federal Courts

(State

Jurisdiction)

Bill.

 

   9.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 14 be postponed and taken into consideration after Order of the Day (Government Business) No. 15.

 

Postponement

of Business.

 

10.

On the Order of the Day being read for the adjourned debate on the question - That the AustralAsia Railway (Third Party Access) Amendment Bill be now read a second time:

                 Debate resumed.

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

 

AustralAsia

(Third Party 

Access)

Amendment

Bill.

 

11.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 14 be postponed and taken into consideration after Order of the Day (Government Business) No. 16.

 

Postponement

of Business.

 

12.

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

                 Debate resumed.

                 On motion of the Hon. L. H. Davis, the debate was adjourned until next day of sitting.

 

Road Traffic

(Road Rules)

Amendment Bill.

13.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 14 be postponed and taken into consideration after Order of the Day (Government Business) No. 17.

 

Postponement

of Business.

 

14.

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

                 Debate resumed.

                 On motion of the Hon. C. V. Schaefer, the debate was adjourned until next day of sitting.

 

Motor Vehicles (Miscellaneous)

Amendment Bill.

15.

Ordered - That the adjourned debate on the question - That the AustralAsia Railway (Third Party Access) Amendment 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.

 

In the Committee

 

                          Clauses No. 1 to No. 8 agreed to.

                          Schedule agreed to.

                          Title agreed to.

_____________________

 

AustralAsia

Railway

(Third Party

Access)

Amendment Bill.

 

                 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 and Urban Planning, pursuant to contingent notice, moved - That the Standing Orders be so far suspended as to enable the Bill to pass through its remaining stages without delay.

                 Question put and passed.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

 

16.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 13 be postponed and taken into consideration after Order of the Day (Government Business) No. 14.

 

Postponement

of Business.

 

17.

On the Order of the Day being read for the adjourned debate on the question - That the City of Adelaide (Rundle Mall) Amendment Bill be now read a second time:

                 Debate resumed.

                 Question put and passed.

                 Bill read a second time.

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

 

In the Committee

 

                          Clauses No. 1 to 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 without amendment; whereupon the Council adopted such report.

                 The Minister for Transport and Urban Planning, pursuant to contingent notice, moved - That the Standing Orders be so far suspended as to enable the Bill to pass through its remaining stages without delay.

                 Question put and passed.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

City of Adelaide (Rundle Mall) Amendment Bill.

18.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 12 be postponed and taken into consideration after Order of the Day (Government Business) No. 13.

 

Postponement

of Business.

 

19.

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

                 Debate resumed.

                 On motion of the Hon. C. V. Schaefer, the debate was adjourned until next day of sitting.

 

Statutes

Amendment

(Trusts) Bill.

20.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 10 be postponed and taken into consideration after Order of the Day (Government Business) No. 11.

 

Postponement

of Business.

 

21.

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

                 Debate resumed.

                 On motion of the Hon. C. V. Schaefer, the debate was adjourned until next day of sitting.

 

Residential Tenancies (Miscellaneous) Amendment Bill.

22.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 10 be postponed and taken into consideration after Order of the Day (Government Business) No. 12.

 

Postponement

of Business.

 

23.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment and Repeal (Justice Portfolio) Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. C. V. Schaefer, the debate was adjourned until next day of sitting.

 

Statutes

Amendment and Repeal (Justice Portfolio) Bill.

24.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 10, No. 18 and No. 19 be postponed and taken into consideration after Order of the Day (Government Business)
No. 20.

 

Postponement

of Business.

 

25.

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

                 Debate resumed.

                 On motion of the Hon. C. V. Schaefer, the debate was adjourned until next day of sitting.

 

ASER (Restructure) (Miscellaneous) Amendment Bill.

26.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 7 be postponed and taken into consideration after Order of the Day (Government Business) No. 8.

 

Postponement

of Business.

 

27.

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

                 Debate resumed.

                 On motion of the Hon. J.S.L. Dawkins, the debate was adjourned and order to be resumed on motion.

 

Local

Government

Bill.

28.

At five minutes to 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.

29.

The Attorney-General, without notice, moved - That the Standing Orders be so far suspended as to enable him to move that the Orders made this day for the Residential Tenancies (Miscellaneous) Amendment Bill and the Statutes Amendment and Repeal (Justice Portfolio) Bill to be Orders of the Day for next day of sitting, be discharged and for the adjourned debates to be taken into consideration on motion.

                 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 Orders made this day for the Residential Tenancies (Miscellaneous) Amendment Bill and the Statutes Amendment and Repeal (Justice Portfolio) Bill to be Orders of the Day for next day of sitting, be discharged and for the adjourned debates to be taken into consideration on motion.

                 Question put and passed.

 

Orders

Discharged and Postponed.

30.

Ordered - That the adjourned debate on the question - That the Residential Tenancies (Miscellaneous) Amendment Bill be now read a second time - be now resumed.

                 Debate resumed.

                 Question put and passed.

                 Bill read a second time.

                 Ordered - That the Committee stages be an Order of the Day for next day of sitting.

 

Residential Tenancies (Miscellaneous) Amendment Bill.

31.

Ordered - That the adjourned debate on the question - That the Statutes Amendment and Repeal (Justice Portfolio) Bill be now read a second time - be now resumed.

                 Debate resumed.

                 Question put and passed.

                 Bill read a second time.

                 Ordered - That the Committee stages be an Order of the Day for next day of sitting.

 

Statutes

Amendment and Repeal (Justice Portfolio) Bill.

32.

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.

33.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (Native Title No. 2) Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. J. F. Stefani, the debate was adjourned until next day of sitting.

 

Statutes

Amendment

(Native Title No. 2) Bill.

34.

Ordered - That Order of the Day (Government Business) No. 7 be an Order of the Day for next day of sitting.

 

Postponement

of Business.

35.

Ordered - That Orders of the Day (Government Business) No. 9 and No. 10 be postponed and taken into consideration on motion.

 

Postponement

of Business.

36.

On the Order of the Day being read for the adjourned debate on the question - That the Geographical Names (Assignment of Names) Amendment Bill be now read a second time -

                 Debate resumed.

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

 

Geographical

Names

(Assignment of Names)

Amendment Bill.

37.

Ordered - That the adjourned debate on the question - That the Local Government Bill be now read a second time - be now resumed.

                 Debate resumed.

                 And the Hon. T. G. Roberts having obtained leave to conclude his remarks, the debate  was adjourned until next day of sitting.

 

Local

Government

Bill.

38.

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

 

Postponement

of Business.

39.

Council adjourned at twenty-four minutes past nine o’clock until tomorrow at fifteen minutes past two o’clock.

 

Adjournment.

 

 

_________________________

 

 

 

 

Members present during any part of the sitting:

 

 

 

The Hon. T. G. Cameron

The Hon. T. Crothers

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. M. J. Elliott

The Hon. I. Gilfillan

The Hon. K. T. Griffin

 

The Hon. P. Holloway

The Hon. S. M. Kanck

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. C. A. Pickles

The Hon. A. J. Redford

 

The Hon. T. G. Roberts

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. G. Weatherill

The Hon. N. Xenophon

The Hon. C. Zollo