SOUTH AUSTRALIA]

No. 20

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  6  DECEMBER  2000

 

 

 

   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 Clerk announced that the following Petitions had been lodged for presentation:

                 By the Hon. C. V. Schaefer from 19 residents of South Australia and the Hon. I. Gilfillan from 42 residents of South Australia, concerning Prostitution and praying that this Honourable House will strengthen the present law and ban all prostitution-related advertising to enable Police to suppress the prostitution trade more effectively.

Petitions -
Nos. 38 and 39 -
Prostitution.

 

                 By the Hon. I. Gilfillan from 25 residents of South Australia concerning the transport and storage of radioactive waste in South Australia and praying that this Honourable House will do all in its power to ensure that South Australia does not become the dumping ground for Australia’s or the world’s nuclear waste.

No. 40 - Transport
and Storage of
Radioactive Waste
in South Australia.

 

                 By the Hon. M. J. Elliott from 31 residents of South Australia concerning demolition of the East End Market wall forming the perimeter of Town Acre 96 along Union and Grenfell Streets and praying that praying that this Honourable House will urge the Minister for Urban Planning to immediately halt the demolition and urge the Minister for Heritage to heritage list and protect the wall.

 

No. 41 - East End Market Wall.

   3.

The Hon. A. J. Redford brought up the Ninth Report, 2000-2001 of the Legislative Review Committee.

 

Legislative
Review
Committee -
Ninth Report,
2000-2001.

   4.

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

 

Statements
on Matters
of Interest.

   5.

The Hon. P. Holloway, pursuant to notice, moved - That the Supplementary Report of the Auditor-General, 1999-2000 on Electricity Businesses Disposal Process in South Australia: Engagement of Advisers: Some Audit Observations, be noted.

                 And the Hon. P. Holloway having obtained leave to conclude his remarks, the debate was adjourned until Wednesday, 14 March 2001.

 

Supplementary
Report of Auditor-
General, 1999-2000
on Electricity
Businesses Disposal
Process in
South Australia:
Engagement of
Advisers: Some
Audit Observations
to be noted -
Motion re.

   6.

The Hon. N. Xenophon, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to establish the Retail and Commercial Leases Act 1995.

                 Question put and passed.

                 Bill introduced and read a first time.

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

                 And the Hon. N. Xenophon having obtained leave to conclude his remarks, the debate was adjourned until Wednesday, 14 March 2000.

 

Retail and
Commercial Leases
(Casual Leases)
Amendment Bill.

   7.

The Hon. M. J. Eliott, pursuant to notice, moved - That this Council expresses its concern at the proposal for the demolition of a historic wall in Union Street and Grenfell Street and urge the Minister for Transport and Urban Planning to use her discretionary powers to retain the 1930’s wall arches, as well as ensure that a development be designed that provides for shops at street level and preserves the heritage character of the East End Precinct.

                 Debate ensued.

Demolition of
Historic Wall in
Union Street and
Grenfell Street -
Motion re.

 

 

                 The Hon. I. Gilfillan, by leave, tabled a list of signatures calling for the 1930’s wall and arches in Union Street and Grenfell Street to be retained and a development be designed that provides for shops at street level and preserves the heritage character of the East End Precinct.

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

 

Paper Tabled.

   8.

Ordered - That Order of the Day (Private Business) No. 1 be discharged.

 

Business
Discharged.

 

   9.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. J.S.L. Dawkins - That the Report of the Environment, Resources and Development Committee concerning Native Fauna and Agriculture, be noted:

                 Question put and passed.

 

Environment,
Resources and
Development
Committee -
Report on
Native Fauna
and Agriculture
be noted -
Motion re.

10.

Ordered - separately - That Orders of the Day (Private Business) No. 3 and No. 4 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

11.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. L. H. Davis - That the Report of the Statutory Authorities Review Committee on its Inquiry into the Operations of the South Australian Community Housing Authority be noted:

                 Debate resumed.

                 Question put and passed.

 

Statutory
Authorities Review
Committee -
Report on Inquiry
into the
Operations of the
South Australian
Community
Housing Authority be noted -
Motion re.

12.

Ordered - separately - That Orders of the Day (Private Business) No. 6 and No. 7 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

13.

Ordered - That Order of the Day (Private Business) No. 8 be postponed and taken into consideration on motion.

 

Postponement
of Business.

14.

Ordered - separately - That Orders of the Day (Private Business) No. 9 and No. 10 be Orders of the Day for Wednesday, 14 March 2001.

 

Postponement
of Business.

15.

Ordered - That Order of the Day (Private Business) No. 11 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

16.

Ordered - separately - That Orders of the Day (Private Business) No. 12 to No. 15 be Orders of the Day for Wednesday, 14 March 2001.

 

Postponement
of Business.

17.

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

                 Debate resumed.

                 On motion of the Hon. C. V. Schaefer, the debate was adjourned until Wednesday, 14 March 2001.

 

Freedom of Information Bill.

18.

Ordered - separately - That Orders of the Day (Private Business) No. 17 to No. 22 be Orders of the Day for Wednesday, 14 March 2001.

 

Postponement
of Business.

19.

Ordered - That Order of the Day (Private Business) No. 23 be postponed and taken into consideration on motion.

 

Postponement
of Business.

20.

The Hon. C. Zollo, according to order, moved - That the Gaming Machines (Freeze on Gaming Machines) 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.

 

Gaming Machines
(Freeze on Gaming
Machines)
Amendment Bill.

21.

At 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.

22.

Ordered - separately - That Orders of the Day (Government Business) No. 1 to No. 7 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

23.

Ordered - That Order of the Day (Government Business) No. 8 be postponed and taken into consideration on motion.

 

Postponement
of Business.

24.

The Treasurer, according to order, moved - That the Netherby Kindergarten (Variation of Waite Trust) Act Repeal Bill be now read a second time.

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

                 Question put and passed.

                 Debate ensued.

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

 

Netherby
Kindergarten
(Variation of
Waite Trust) Act
Repeal Bill.

25.

Ordered - That the adjourned debate on the question - That the Classification (Publications, Films and Computer Games) (Miscellaneous) Amendment Bill be now read a second time - be now resumed.

                 Debate resumed.

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

 

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

26.

Ordered - That the adjourned debate on the question - That the Netherby Kindergarten (Variation of Waite Trust) Act Repeal Bill be now read a second time - be now resumed.

                 Debate resumed.

                 Question put and passed.

                 Bill read a second time.

Netherby
Kindergarten
(Variation of
Waite Trust) Act
Repeal Bill.

 

                 The President made the following Statement:

                 The original Bill was introduced in the House of Assembly by a Private Member and therefore should have been introduced in compliance with the Joint Standing Orders on Private Bills, which require every Private Bill to be first brought in upon Petition, duly endorsed by an Examiner, and signed by the Promoters of the Bill.  The Bill has now been received by the Legislative Council and the Government has now assumed responsibility for the passage of the Bill.

President’s Statement.

 

 

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

President’s Ruling.

 

                 The Treasurer moved - That the Select Committee consist of the Minister For Disability Services, the Hon. J.S.L. Dawkins, the Hon. M. J. Elliott, the Hon. C. A. Pickles, and the Hon. C. Zollo.

                 Question put and passed.

Select Committee
Appointed.

 

 

                 The Treasurer, without notice, moved - That Standing Order No. 389 be so far suspended as to enable the Chairman 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 Treasurer 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.

Suspension of
Standing Orders.

 

 

                 The Treasurer, without notice, moved - That Standing Order No. 396 be so far 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.

                 The Treasurer moved - That the Select Committee have power to send for persons, papers and records, to adjourn from place to place, and to report on 14 March 2001.

                 Question put and passed.

 

Suspension of
Standing
Orders.

 

27.

Ordered - That Orders of the Day (Government Business) No. 10 to No. 12 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 Education (Councils and Charges) Amendment Bill be now read a second time:

                 Debate resumed.

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

 

Education
(Councils
and Charges)
Amendment Bill.

29.

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

                 Debate resumed.

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

 

TAB
(Disposal) Bill.

30.

Ordered - That Order of the Day (Government Business) No. 15 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

31.

Ordered - separately - That Orders of the Day (Government Business) No. 16 and No. 17 be postponed and taken into consideration on motion.

 

Postponement
of Business.

32.

On the Order of the Day being read for the adjourned debate on the question - That the Stamp Duties (Land Rich Entities and Redemption) 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. 13 agreed to.

                                   Resolved - That it be a suggestion to the House of Assembly that new clause No. 13A be inserted.

                          Clauses No. 14 to No. 20 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 a suggested amendment; whereupon the Council adopted such report.

                 The Treasurer, 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.

 

Stamp Duties
(Land Rich
Entities and
Redemption)
Amendment Bill.

33.

Ordered - That  the adjourned debate on the question - That the Members of Parliament  (Register of Interests) (Returns) 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 Bill’s consideration in Committee be an Order of the Day for next day of sitting.

 

Members of
Parliament
(Register of
Interests) (Returns) Amendment Bill.

34.

The Hon. N. Xenophon, without notice, moved - That the Standing Orders be so far suspended as to enable the Order made this Day for Order of the Day (Private Business) No. 19 to be an Order of the Day for next day of sitting be rescinded and for the Order of the Day to be taken into consideration 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.

 

 

                 The Hon. N. Xenophon moved - That the Order made this Day for Order of the Day (Private Business) No. 19 to be an Order of the Day for next day of sitting be rescinded and for the Order of the Day to be taken into consideration forthwith.

                 Question put and passed.

 

Ordering of Business.

35.

Order of the Day read for the adjourned debate on the question - That the Constitution (Parliamentary Sittings) Amendment Bill be now read a second time.

                 Debate resumed.

                 Question put.

 

 

              Council divided:

Ayes, 5

The Hon. T. G. Cameron

The Hon. M. J. Elliott

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. N. Xenophon (Teller)

 

 

 

 

 

 

 

 

 

 

      So it passed in the negative.

 

 

Noes, 15

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. P. Holloway

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. R. K. Sneath

The Hon. J. F. Stefani

The Hon. C. Zollo

The Hon. K. T. Griffin (Teller)

 

36.

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

 

In the Committee

 

                          Postponed clause No. 2 further considered.

                 The Hon. N. Xenophon moved on page 3, lines 7 to 9, to leave out proposed paragraph (ca) and  insert the following:

                          “(ca)    that responsible attitudes towards gambling in the Adelaide Casino are encouraged and that the harm associated with gambling is minimised; and”.

                                        The Treasurer moved to amend the amendment moved by the Hon. N. Xenophon by leaving out all words after “encouraged”.

                 Question - That the amendment moved by the Treasurer to the amendment moved by the Hon. N. Xenophon be agreed to - put.

Casino (Miscellaneous) Amendment Bill.

 

              Committee divided:

Ayes, 11

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. K. T. Griffin

The Hon. P. Holloway

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. C. A. Pickles

The Hon. T. G. Roberts

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. R. I. Lucas (Teller)

      So it was resolved in the affirmative.

 

Noes, 9

The Hon. T. G. Cameron

The Hon. M. J. Elliott

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. A. J. Redford

The Hon. R. R. Roberts

The Hon. R. K. Sneath

The Hon. C. Zollo

The Hon. N. Xenophon (Teller)

 

 

 

 

                 Question - That the amendment moved by the Hon. N. Xenophon and as amended by the Treasurer, be agreed to - put and passed.

 

 

                          Clause No. 2, as amended, 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.

                 Ordered - That the Bill be recommitted in respect of all clauses.

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

 

In the Committee

 

                          Clause No. 1 reconsidered and agreed to.

                          Clause No. 2 reconsidered and agreed to.

                          Clause No. 4 reconsidered, amended and agreed to.

                          Clause No. 5 reconsidered.

                 The Treasurer moved on page 4, lines 32 to 35, to leave out all words in these lines.

                 The Hon. N. Xenophon moved on page 4, line 35, after “coin” to insert “of a value of $1 or less”.

                 Question - That the words proposed to be struck out by the Treasurer stand - put and passed.

                 Question - That the amendment moved by the Hon. N. Xenophon be agreed to - put and negatived.

                          Clause No. 5 otherwise amended and agreed to.

                          Clause No. 6 reconsidered.

                 To report progress and ask leave to sit again.

_____________________

 

                 The President resumed the Chair and reported progress and obtained for the Committee leave to sit again on next day of sitting.

 

 

37.

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

 

Postponement
of Business.

38.

Ordered - That the Council, at its rising, do adjourn until tomorrow at eleven o’clock a.m.

 

Next Day
of Sitting.

39.

Council adjourned at nine minutes to twelve o’clock midnight until tomorrow at eleven o’clock a.m.

 

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. A. J. Redford

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