[SOUTH AUSTRALIA]

No.36

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

THURSDAY  6  AUGUST  1998

 

 

 

   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 Treasurer (The Hon. R. I. Lucas), 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 Notices of Motion (Government Business) No. 1 to No. 3 be postponed and taken into consideration after Orders of the Day (Government Business).

 

Postponement

of Business.

   4.

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.

   5.

On the Order of the Day being read for the consideration of Message No. 87 from the House of Assembly relating to the Valuation of Land (Miscellaneous) Amendment Bill:

                 The Attorney-General moved - 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 3.30 p.m. this day; and that the Hon. J.S.L. Dawkins, the Hon.
I. Gilfillan, the Hon. P. Holloway, the Hon. C. Zollo and the Attorney-General be the Managers on the part of this House.

                 Question put and passed.

 

Valuation

of Land (Miscellaneous) Amendment Bill.

   6.

The Attorney-General, by leave, moved - That the sitting of the Council be not suspended during the Conference on the Valuation of Land (Miscellaneous) Amendment Bill.

                 Question put and passed.

 

Valuation

of Land (Miscellaneous) Amendment Bill.

   7.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 3 be postponed and taken into consideration on motion.

 

Postponement

of Business.

   8.

Ordered - That Orders of the Day (Government Business) No. 4 to No. 10 be postponed and taken into consideration after Order of the Day (Government Business) No. 11.

 

Postponement

of Business.

   9.

On the Order of the Day being read for the adjourned debate on the question - That the Electricity Corporations (Restructuring and Disposal) Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. T. G. Roberts, the debate was adjourned and ordered to be resumed on motion.

 

Electricity Corporations (Restructuring

 and Disposal)

Bill.

 

10.

Ordered - That Orders of the Day (Government Business) No. 4 and No. 5 be postponed and taken into consideration after Order of the Day (Government Business) No. 6.

 

Postponement

of Business.

11.

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

                 Debate resumed.

                 On motion of the Hon. T. Crothers, the debate was adjourned and ordered to be resumed on motion.

 

Statutes

Amendment

(Motor Accidents)

Bill.

12.

Ordered - That Orders of the Day (Government Business) Nos. 4, 5 and 7 be postponed and taken into consideration after Order of the Day (Government Business) No. 8.

 

Postponement

of Business.

13.

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

                 Debate resumed.

                 And the Hon. I. Gilfillan having obtained leave to conclude his remarks, the debate was adjourned and ordered to be resumed on motion.

 

Statutes

Amendment

(Fine

Enforcement)

Bill.

 

14.

At four 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.

 

15.

The Attorney-General tabled a copy of a Ministerial Statement made by the Minister for Police, Correctional Services and Emergency Services concerning clearing the Country Fire Service debt.

 

Paper

Tabled.

16.

Ordered - That Notices of Motion (Government Business) No. 1 to No. 3 be taken into consideration forthwith.

 

Ordering of

Business

17.

The Treasurer, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Tobacco Products Regulation Act 1997.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Treasurer 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.

 

Tobacco Products

Regulation

(Dissolution of

Sports Promotion,

Cultural and Health

Trust) Amendment

Bill.

18.

The Attorney-General, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to reform the law relating to the power to stay the trial of a serious offence on the ground that the defendant has insufficient financial resources to present an adequate defence at the trial.

                 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.

 

Criminal Law

(Legal

Representation)

Bill.

19.

The Attorney-General, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Legal Services Commission Act 1977.

                 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.

 

Legal Services

Commission (Legal

Representation)

Amendment Bill.

20.

Ordered - That Orders of the Day (Government Business) Nos. 4, 5, 7, 9, 10 and 12 be postponed and taken into consideration after Order of the Day (Government Business) No. 14.

 

Postponement

of Business.

21.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of Message No. 90 from the House of Assembly concerning the Police Bill.

 

In the Committee

 

                          Resolved - That Amendments Nos. 2 to 25 and Nos. 28 to 35 be insisted on.

_____________________

 

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

 

Police Bill.

22.

Ordered - That the second reading of the City of Adelaide Bill, postponed on motion, be taken into consideration forthwith.

                 The Treasurer moved - That the City of Adelaide Bill be now read a second time.

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

 

City of

Adelaide Bill.

23.

Ordered - That the second reading of the Independent Industry Regulator Bill, postponed on motion, be taken into consideration forthwith.

                 The Treasurer, according to order, moved - That the Independent Industry Regulator Bill be now read a second time.

                 On motion of the Hon. P. Holloway, the debate was adjourned until next day of sitting.

 

Independent

Industry

Regulator Bill.

24.

Ordered - That the adjourned debate on the question - That the Statutes Amendment (Fine Enforcement) Bill be now read a second time - be now resumed.

                 Debate resumed.

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

 

Statutes

Amendment

(Fine

Enforcement)

Bill.

 

25.

Ordered - That Orders of the Day (Government Business) Nos. 4, 5 and 7 be postponed and taken into consideration after Order of the Day (Government Business) No. 9.

 

Postponement

of Business.

26.

Ordered - That On the Order of the Day being read for the adjourned debate on the question - That the Police (Complaints and Disciplinary Proceedings) (Miscellaneous) Amendment Bill be now read a second time:

                 Debate resumed.

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

 

Police (Complaints and Disciplinary Proceedings) (Miscellaneous) Amendment Bill.

 

27.

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

 

Postponement

of Business.

28.

Ordered - separately - That Orders of the Day (Government Business) No. 5 and No. 7 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

29.

Ordered - That the adjourned debate on the question - That the Electricity Corporations (Restructuring and Disposal) Bill be now read a second time - be now resumed.

                 Debate resumed.

                 On motion of the Hon. L.H. Davis, the debate was adjourned and ordered to be resumed on motion.

 

Electricity Corporations (Restructuring

and Disposal)

Bill.

 

30.

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

Message No. 91

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith entitled an Act to amend the Local Government Act 1934, to which it desires the concurrence of the Legislative Council.

House of Assembly, 5 August 1998.                                                                 J.K.G. OSWALD, Speaker.

                 Bill read a first time.

                 The Minister for Transport and Urban Planning then moved - That this Bill be now read a second time.

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

 

Messages from

House of

Assembly:

Local Government

(Miscellaneous)

Amendment Bill.

 

 

Message No. 92

                 MR. PRESIDENT - In reply to Message No. 92 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 August 1998.                                                                 J.K.G. OSWALD, Speaker.

 

Valuation

of Land (Miscellaneous) Amendment

Bill.

 

 

Message No. 93

                 MR. PRESIDENT - The House of Assembly requests that a Conference may be granted to it respecting certain amendments in the Police Bill.  In the event of a Conference being agreed to, the House of Assembly will be represented by five Managers.

House of Assembly, 5 August 1998.                                                                 J.K.G. OSWALD, Speaker.

                 The Treasurer moved - 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 11.30 a.m. on Tuesday, 11 August 1998; and that the Hon.
I. Gilfillan, the Hon. P. Holloway, the Hon. A. J. Redford, the Hon. R. R. Roberts and the Attorney-General be the Managers on the part of this House.

                 Question put and passed.

 

Police Bill.

 

31.

Ordered - That the second reading of the Electricity (Miscellaneous) Amendment Bill, postponed on motion, be taken into consideration forthwith.

                 The Treasurer moved - That the Electricity (Miscellaneous) Amendment Bill be now read a second time.

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

 

Electricity (Miscellaneous) Amendment

Bill.

32.

Ordered - That the adjourned debate on the question - That the Electricity Corporations (Restructuring and Disposal) Bill be now read a second time - be now resumed.

                 Debate resumed.

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

 

Electricity Corporations (Restructuring

 and Disposal)

Bill.

 

33.

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

Message No. 94

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith entitled an Act to amend the amend the Wheat Marketing Act 1989; and to make a related amendment to the Barley Marketing Act 1993, to which it desires the concurrence of the Legislative Council.

House of Assembly, 6 August 1998.                                                                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.

 

Messages from

House of Assembly:

Wheat Marketing

(Grain Deductions)

Amendment Bill.

 

 

Message No. 95

                 MR. PRESIDENT - In reply to Message No. 94 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, 6 August 1998.                                                                J.K.G. OSWALD, Speaker.

 

Police Bill.

 

 

Message No. 96

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith entitled an Act to amend the Criminal Law (Sentencing) Act 1988, the Summary Procedure Act 1921 and the Young Offenders Act 1993, without any amendment.

House of Assembly, 6 August 1998.                                                                J.K.G. OSWALD, Speaker.

 

Statutes

Amendment

(Young Offenders)

Bill.

 

34.

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

 

Postponement

of Business.

35.

Council adjourned at twenty eight minutes past six o’clock until Tuesday, 11 August 1998, 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. R. R. Roberts

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