[SOUTH AUSTRALIA]

No. 42

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  7  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.

The following Paper was laid upon the Table, viz.:

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

                 Emergency Services Funding Act 1998 - Notice and Committee’s Advice.

 

Paper.

   4.

The Hon. A. J. Redford brought up the Fifteenth Report, 1998-99 of the Legislative Review Committee, which was read by the Clerk as follows:-

                 The Regulations listed hereunder are at present being considered by the Legislative Review Committee.  Evidence is being taken on this matter and it is necessary for a Notice of Motion for Disallowance to be given in both Houses before the expiration of 14 sitting days to allow the Committee time to complete its deliberations.

                 Honourable Members are warned that after consideration has been given to the Regulations, the Committee may decide to take no further action.

                 Regulations referred to:

                          Passenger Transport Act 1994 - Penalties - General.

                          Education Act 1972 - Materials and Service Charges.

                          State Records Act 1972 - Exclusion - Police.

                          Road Traffic Act 1961 - Photographic Detection Devices.

 

Legislative

Review

Committee -

Fifteenth Report

1998-99.

 

   5.

The Hon. A. J. Redford brought up the Sixteenth Report, 1998-99 of the Legislative Review Committee.

 

Legislative Review Committee -

Sixteenth Report,

1998-99.

 

   6.

The Minister for Transport and Urban Planning tabled a copy of a Ministerial Statement made by the Minister for Environment and Heritage (The Hon. D. C. Kotz, M.P.) on the Oil Spill at Port Stanvac.

 

Paper  Tabled.

   7.

In accordance with Sessional Standing Order, the President called on Members to make Statements on Matters of Interest.

 

Statements on

Matters of

Interest.

 

   8.

The Hon. M. J. Elliott, pursuant to notice, moved - That the Regulations under the Education Act 1972 concerning Materials and Service Charges, made on 25 March 1999 and laid on the Table of this Council on 25 March 1999, be disallowed.

                 On motion of the Hon. P. Holloway, the debate was adjourned until Wednesday, 28 July 1999.

 

Education Act - Regulations - Materials and Service Charges -motion for disallowance of.

   9.

The Hon. M. J. Elliott, pursuant to notice, moved - That the Environment, Resources and Development Committee investigate and report on the functioning and operation of the Environment Protection Agency, with particular reference to -

         I.      the adequacy of the current legislation to enable the Agency to achieve its aim;

        II.      the adequacy of the resources provided to the agency;

       III.      the adequacy of the monitoring and policing functions of the Agency;

       IV.      alternative interstate and overseas models for the administration of environmental protection legislation; and

        V.      any other relevant matters.

                 On motion of the Hon. C. A. Pickles, the debate was adjourned until Wednesday, 28 July 1999.

 

Environment Protection Agency - Environment, Resources and Development Committee to inquire into - motion re.

10.

Ordered - That Notices of Motion (Private Business) No. 3 and No. 4 be Orders of the Day for Wednesday, 28 July 1999.

 

Postponement

of Business.

11.

On the Order of the Day being read for the Report of the Select Committee on Internet and Interactive Home Gambling and Gambling by other means of Telecommunications in South Australia to be brought up:

                 Ordered - That the time for bringing up the Report be extended until Wednesday,
4 August 1999.

 

Select Committee

on Internet and

Interactive Home

Gambling and

Gambling by

other means of

Telecommunications

in South Australia.

 

12.

On the Order of the Day being read for the Report of the Select Committee on Outsourcing of State Government Services to be brought up:

                 Ordered - That the time for bringing up the Report be extended until Wednesday,
4 August 1999.

 

Select Committee

on Outsourcing

of State

Government Services.

 

13.

On the Order of the Day being read for the Report of the Select Committee on Wild Dog Issues in the State of South Australia to be brought up:

                 Ordered - That the time for bringing up the Report be extended until Wednesday,
4 August 1999.

 

Select Committee

on Wild Dog

Issues in the State

of South

Australia.

 

14.

Ordered - That Orders of the Day (Private Business) No. 4 and No. 5 be Orders of the Day for Wednesday, 28 July 1999.

 

Postponement

of Business.

15.

On the Order of the Day being read for the adjourned debate on the motion of the Hon.
P. Holloway - That the Legislative Council -

         I.      Notes that -

                 (a)     the Howard Liberal Government intends, through its proposed 29% Wine Equalisation Tax (WET) to -

      (i)   increase the rate of taxation on wine from the existing 41% Wholesale Sales Tax to the equivalent of a Wholesale Sales Tax of 46%;

     (ii)   raise an additional $147 million more in tax than the industry currently pays; and

    (iii)   tax cellar door sales;

                 (b)    the increases in the price of wine that would be caused by the WET proposals of the Howard Government would break the Prime Minister’s promise that prices would not rise by more than 1.9% under the GST;

                 (c)     industry estimates that the proposed tax would cost 500 jobs nationwide; and

                 (d)    the tax would have disproportionate adverse effects in South Australia which accounts for 50% of national wine output, as well as an adverse impact on small wineries.

        II.      Calls on the Howard Liberal Government to -

                 (a)     reduce its Wine Equalisation Tax proposal to the equivalent of revenue neutrality or 24.5%; and

                 (b)    provide exemption from the Wine Equalisation Tax to the value of at least $100,000 per annum for cellar door sales, tastings and promotions:

         Debate resumed.

         The Hon. C. Zollo moved to amend the motion by leaving out paragraph II(b) and inserting new paragraph as follows:

       “(b)  provide exemption from the Wine Equalisation Tax to the value of at least $300,000 per annum for cellar door sales, tastings and promotions, with costs to be met by the Commonwealth.”

             On motion of the Hon. L. H. Davis, the debate was adjourned until Wednesday, 28 July 1999.

 

Wine Equalisation Tax Proposal - Motion re.

16.

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 on the Pilchard Fishery be noted:

                 Debate resumed.

                 Question put and passed.

 

Environment, Resources and Development Committee -

Report on the Pilchard Fishery

to be noted -

Motion re.

 

17.

Ordered - That Order of the Day (Private Business) No. 8 be an Order of the Day for Wednesday, 28 July 1999.

 

Postponement

of Business.

18.

On the Order of the Day being read for the adjourned debate on the motion of the Hon.
L. H. Davis - That Third Report of the Statutory Authorities Review Committee on the Management of the West Terrace Cemetery by the Enfield General Cemetery Trust be noted:

                 Debate resumed.

                 Question put and passed.

 

Statutory Authorities Review Committee - Third Report on

the Management

of the West Terrace Cemetery by the Enfield General Cemetery Trust

to be noted -

Motion re.

 

20.

Ordered - That Order of the Day (Private Business) No. 10 be an Order of the Day for Wednesday, 28 July 1999.

 

Postponement

of Business.

21.

On the Order of the Day being read for the adjourned debate on the motion of the Hon.
P. Holloway - That the Legislative Council calls on the Minister for Government Enterprises to guarantee continued safe public access to commercial jetties for recreational purposes, including fishing:

                 Debate resumed.

                 On motion of the Hon. L. H. Davis, the debate was adjourned until Wednesday, 28 July 1999.

 

Public Access to Commercial Jetties - Motion re.

22.

Ordered - separately - That Orders of the Day (Private Business) No. 12 to No. 18 be Orders of the Day for Wednesday, 28 July 1999.

 

Postponement

of Business.

23.

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

 

Postponement

of Business.

24.

Ordered - separately - That Orders of the Day (Private Business) No. 20 to No. 23 be Orders of the Day for Wednesday, 28 July 1999.

 

Postponement

of Business.

25.

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

                 Debate resumed.

                 On motion of the Hon. T. G. Roberts, the debate was adjourned until Wednesday,
28 July 1999.

 

Firearms (Miscellaneous) Amendment

Bill.

26.

Ordered - separately - That Orders of the Day (Private Business) No. 25 to No. 30 be Orders of the Day for Wednesday, 28 July 1999.

 

Postponement

of Business.

27.

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

                 Debate resumed.

                 On motion of the Hon. P. Holloway, the debate was adjourned until Wednesday,
28 July 1999.

 

Gambling

Industry

Regulation Bill.

28.

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

                 At fifteen minutes past eight o’clock the sitting was resumed.

 

Suspension and

Resumption of

Sitting.

29.

Ordered - That Order of the Day (Private Business) No. 32 be an Order of the Day for Wednesday, 28 July 1999.

 

Postponement

of Business.

30.

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

                 Debate resumed.

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

 

Constitution (Citizenship) Amendment

Bill.

31.

The Hon. T. G. Roberts, according to order, moved - That the Tobacco Products Regulation (Sale of Products Designed for Smoking) Amendment Bill be now read a second time.

                 On motion of the Hon. T. Crothers, the debate was adjourned until Wednesday,
28 July 1999.

 

Tobacco Products Regulation (Sale of Products Designed for Smoking) Amendment Bill.

  32.

Ordered - That the adjourned debate on the motion of the Hon. N. Xenophon - That the Report of the Social Development Committee on Gambling, tabled on 26 August 1998, be further noted - be now resumed.

                   Debate resumed.

                   Question put and passed.

 

Social

Development Committee -

Report on

Gambling to be further noted - Motion re.

 

33.

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

         I.      (a)     That in the opinion of this Council, a Joint Committee be appointed to inquire into and report upon the South Australian Electricity Market arrangements and the impact these arrangements have had and are likely to have on electricity prices and security of supply for South Australian consumers, and in particular, to inquire into -

      (i)   local generation options;

     (ii)   regulated interconnectors; and

    (iii)   unregulated interconnectors.

                 (b)    And that this Committee assess these arrangements as to their ability to achieve the most economically efficient outcome for South Australia.

        II.      That in the event of a Committee being appointed, the Legislative Council be represented thereon by three Members, of whom two shall form a quorum of Council Members necessary to be present at all sittings of the Committee.

       III.      That Joint Standing Order No. 6 be so far suspended as to entitle the Chairperson to vote on every question, but when the votes are equal, the Chairperson shall have also a casting vote.

       IV.      The Joint Committee be authorised to disclose or publish, as it thinks fit, any evidence and documents presented to the Joint Committee prior to such evidence and documents being reported to the Parliament.

        V.      That a Message be sent to the House of Assembly requesting its concurrence thereto:

                 Debate resumed.

           The Hon. S. M. Kanck moved to amend the motion in Paragraph I by leaving out all words after “the South Australian Electricity Market arrangements” and inserting the following:

“, their relationship to the National Electricity Market and the impact these arrangements have had and are likely to have on electricity prices and security of supply for South Australian consumers and, in particular, to inquire into -

      (i)      local generation options including the appropriateness of the disaggregation arrangements made in South Australia and the potential for the use of ecologically sustainable energy and demand management;

     (ii)      regulated interconnectors;

    (iii)      unregulated interconnectors;

   (iv)      the need for a State energy policy;

    (v)      the need for a Standing Committee of the Parliament to monitor South Australian involvement in the Electricity Market; and

   (vi)      any other related matter.

(b)     And that this Committee assess these arrangements as to their ability to achieve the most economically efficient and ecologically desirable outcomes for South Australia.”

          On motion of the Hon. C. A. Pickles, the debate was adjourned until Wednesday, 28 July 1999.

 

South Australian Electricity

Market Arrangements - Establishment of Joint Committee on -

Motion re.

34.

The Minister for Transport and Urban Planning, pursuant to notice, moved - That she have leave to introduce a Bill for an Act to amend the Motor Vehicles Act 1959.

                 Question put and passed.

                 Bill introduced and 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. C. A. Pickles, the debate was adjourned until next day of sitting.

 

Motor Vehicles (Heavy Vehicles Speeding

Control Scheme) Amendment Bill.

35.

The Treasurer, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Superannuation Act 1988.

                 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.

 

Superannuation (Voluntary Separation

Packages) Amendment

Bill.

36.

The Treasurer, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Police Superannuation Act 1990.

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

 

Police Superannuation (Increments in Salary)

Amendment

Bill.

37.

Ordered - separately - That Order of the Day (Government Business) No. 1 to No. 6 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

  38.

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

Message No. 73

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act for the appropriation of money from the Consolidated Account for the year ending on 30 June 2000 and for other purposes, to which it desires the concurrence of the Legislative Council.

House of Assembly, 6 July 1999.                                                                    J.K.G. OSWALD, Speaker.

                 Bill 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.

 

Message from

House of

Assembly:

Appropriation

Bill.

 

 

Message No. 74

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Occupational Health, Safety and Welfare Act 1986, to which it desires the concurrence of the Legislative Council.

House of Assembly, 7 July 1999.                                                                    J.K.G. OSWALD, Speaker.

                 Bill read a first time.

                 Ordered - That the second reading be taken into consideration on motion.

 

Occupational

Health, Safety and Welfare (Penalties) Amendment Bill.

39.

Ordered - That Orders of the Day (Government Business) No. 7 to No. 11 be postponed and taken into consideration after Order of the Day (Government Business) No. 12.

 

Postponement

of Business.

 

40.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Statutes Amendment and Repeal (Justice Portfolio) Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 4 agreed to.

                          New clause No. 4A inserted.

                          Clause No. 5 agreed to.

                          New clause No. 5A inserted.

                          New clause No. 5B inserted.

                          New clause No. 5C inserted.

                          New clause No. 5D inserted.

                          Clause No. 6 amended and agreed to.

                          Clauses No. 7 to No. 19 agreed to.

                          Clause No. 20 amended and agreed to.

                          New clause No. 20A inserted.

                          New clause No. 20B inserted.

                          New clause No. 20C inserted.

                          New clause No. 20D inserted.

                          New clause No. 20E inserted.

                          Clause No. 21 amended and agreed to.

                          New clause No. 21A inserted.

                          Clause No. 22 agreed to.

                          Clause No. 23 amended and agreed to.

                          Clauses No. 24 and No. 25 agreed to.

                          New clause No. 25A inserted.

                          Clauses No. 26 to No. 29 agreed to.

                          New clause No. 29A inserted.

                          New clause No. 29B inserted.

                          New clause No. 29C inserted.

                          New clause No. 29D inserted.

                          Clause No. 30 to No. 35 agreed to.

                          New clause No. 35A inserted.

                          Clause No. 36 agreed to.

                          Clause No. 37 struck out.

                          Clause No. 38 struck out.

                          Clauses No. 39 to No. 41 agreed to.

                          New clause No. 41A inserted.

                          New clause No. 41B inserted.

                          Clauses No. 42 to No. 44 agreed to.

                          Title amended and agreed to.

_____________________

 

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

                 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.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

Statutes

Amendment and Repeal (Justice Portfolio) Bill.

41.

Ordered - That Orders of the Day (Government Business) No. 7 to No. 10 be postponed and taken into consideration after Order of the Day (Government Business) No. 11.

 

Postponement

of Business.

 

42.

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

 

In the Committee

 

                          Clauses No. 1 and No. 2 agreed to.

                          New clause No. 2A inserted.

                          New clause No. 2B inserted.

                 The Hon. C. Zollo moved on page 1, after line 16 to insert new clause as follows:

Amendment of s. 90—Tribunal may terminate tenancy where tenant's conduct unacceptable

         2C.  Section 90 of the principal Act is amended by striking out subsection (2) and substituting the following subsection:

         (2) If the Tribunal terminates a tenancy and makes an order for possession under this section—

(a)    the Tribunal must specify the day as from which the orders will operate, being not more than 28 days after the day on which the orders are made; and

(b)    the Tribunal must order that the landlord must not enter into a residential tenancy agreement with the tenant in relation to the same premises for a period of at least six months from the date of the order (and any agreement entered into in contravention of such an order is void).”

                 Question - That new clause No. 2C, as proposed to be inserted by the Hon. C. Zollo, be so inserted - put and negatived.

                          Clauses No. 3 to No. 6 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 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.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

Residential Tenancies (Miscellaneous) Amendment

Bill.

43.

Ordered - That Orders of the Day (Government Business) No. 7 to No. 10 and No. 13 be postponed and taken into consideration after Order of the Day (Government Business) No. 15.

 

Postponement

of Business.

 

44.

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.

                 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 and No. 28 agreed to.

                          Clause No. 29 amended and agreed to.

                          Clauses No. 30 to No. 57 agreed to.

                          New clause No. 58 inserted.

                          Schedule amended and agreed to.

                          Title amended and agreed to.

_____________________

 

                 The President resumed the Chair, and reported that the Committee had considered the Bill and had agreed to the same with amendments and an amended title; 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.

 

Road Traffic

(Road Rules)

Amendment Bill.

45.

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.

                 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. 6 agreed to.

                          Clause No. 7 amended and agreed to.

                          Clauses No. 8 to No. 22 agreed to.

                          Clause No. 23 amended and agreed to.

                          Clauses No. 24 to No. 26 agreed to.

                          Clause No. 27 amended and agreed to.

                          Clause No. 28 amended and agreed to.

                          Clauses No. 29 and No. 30 agreed to.

                          Clause No. 31 amended and agreed to.

                          Clauses No. 32 to No. 65 agreed to.

                          Clause No. 66 amended and agreed to.

                          Clauses No. 67 to No. 75 agreed to.

                          Clause No. 76 amended and agreed to.

                          Clause No. 77 amended and agreed to.

                          Clauses No. 78 to No. 96 agreed to.

                          New clause No. 97 inserted.

                          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 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.

 

Motor Vehicles (Miscellaneous)

Amendment Bill.

46.

On the Order of the Day being read for the adjourned debate on the question - That the Controlled Substances (Forfeiture and Disposal) 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.

 

Controlled Substances (Forfeiture

and Disposal) Amendment Bill.

 

47.

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.F. Stefani, the debate was adjourned until next day of sitting.

 

Local

Government

Bill.

48.

Ordered - That Order of the Day (Government Business) No. 9 be an Order of the Day for next day of sitting.

 

Postponement

of Business.

 

49.

Ordered - That Orders of the Day (Government Business) No. 10, No. 13 and No. 16 be postponed and taken into consideration after Order of the Day (Government Business) No. 17.

 

Postponement

of Business.

 

50.

On the Order of the Day being read for the adjourned debate on the question - That the Australia Acts (Request) 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.

 

Australia Acts (Request) Bill.

51.

Ordered - That the remaining Orders of the Day be Orders of the Day for next day of sitting.

 

Postponement

of Business.

 

52.

Council adjourned at two minutes to twelve o’clock midnight 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