SOUTH AUSTRALIA]

No. 21

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

THURSDAY  7  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 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.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Native Title (South Australia) (Validation and Confirmation) Amendment Bill.

 

In the Committee

 

                          Clause No. 2 further considered and agreed to.

                          Clauses No. 3 to No. 5 agreed to.

                          Clause No. 6 read.

                 The Attorney-General moved on page 5, after line 39, to insert the following:

                          “(3) However, no implication is to be drawn from this section that Parliament intends to alter the effect of an excepted act if its effect, apart from this section, was to extinguish native title.

                          (4) In this section—

                          "excepted act" means—

                                        (a)     a previous exclusive possession act consisting of the construction or establishment of a public work; or

                                        (b)     a previous exclusive possession act consisting of the grant or vesting of an interest under a lease that was acquired by the Indigenous Land Corporation before the date of assent to the Native Title (South Australia) (Validation and Confirmation) Amendment Act 2000; or

                                        (c)     a previous exclusive possession act that was subject to a reservation or condition expressly for the benefit of Aboriginal people; or

                                        (d)     a previous exclusive possession act consisting of the grant or vesting of a Scheduled interest if—

                                                              (i)     the interest had ceased to exist by 23 December 1996; or

 

Native Title
(South Australia)
(Validation and
Confirmation)
Amendment Bill.

 

                                                              (ii)    the interest arose under a miscellaneous lease granted solely or primarily for any of the following:

                                                                             •     grazing and cultivation;

                                                                             •     grazing, cultivation and nursery;

                                                                             •     land based aquaculture and grazing;

                                                                             •     vegetable and fodder growing and grazing;

                                                                             •     fellmongering establishment; or

                                                              (iii)       the interest arose under a lease granted under section 35 of the National Parks and Wildlife Act 1972 solely or primarily for any of the following—

                                                                             •     garden;

                                                                             •     grazing and cropping.

                 The Hon. S. M. Kanck moved to amend the amendment moved by the Attorney-General by leaving out from paragraph (d)(iii) of the definition of “excepted act” the following:

                  “solely or primarily for any of the following—

                          •     garden;

                          •     grazing and cropping.”

                 Question - That the amendment moved by the Hon. S. M. Kanck to the amendment moved by the Attorney-General, be agreed to - put.

 

 

              Committee divided:

Ayes, 10

The Hon. T. G. Cameron

The Hon. M. J. Elliott

The Hon. I. Gilfillan

The Hon. P. Holloway

The Hon. C. A. Pickles

The Hon. R. R. Roberts

The Hon. T. G. Roberts

The Hon. R. K. Sneath

The Hon. C. Zollo

                  The Hon. S. M. Kanck (Teller)

 

Noes, 10

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. N. Xenophon

The Hon. K. T. Griffin (Teller)

 

 

 

                 And there being an equality of votes, the Chairperson gave his casting vote to the Ayes.

        So it was resolved in the affirmative.

                 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 motion.

 

Chairperson’s
Casting Vote.

   4.

At four minutes to 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.

 

    5.

A Messenger from the Governor having been announced by Black Rod, the following Message was received and read:

Message No. 4.

                 The Governor informs the Legislative Council that, in the name and on behalf of Her Majesty The Queen, the following Acts have been assented to during the present Session, viz.:

                 No. 66 of 2000 - An Act to amend the Racing (Controlling Authorities) Amendment Act 2000.

                 No. 67 of 2000 – An Act to amend the Barley Marketing Act 1993.

                 No. 68 of 2000 – An Act to prohibit the establishment of certain nuclear waste storage facilities in South Australia; and for other purposes.

Government House, Adelaide, 7 December 2000.                                                  E. J. NEAL, Governor.

 

Message from
Governor:
Assent to Bills.

 

   6.

The Clerk announced that the following Petition had been lodged for presentation:

                 By the Hon. M. J. Elliott from 61 residents of South Australia, concerning the Museum for Exploration, Surveying and Land Heritage within the Treasury Building and praying that this Honourable House will urge the Minister responsible for the Museum and the Treasury Building, and the Minister for Heritage responsible for volunteers, and the Minister for Tourism, to keep the Museum and its tours in tact, in situ and open to the public, and urge the Minister for Urban Planning to suspend development of the Treasury Building until public consultation has occurred.

 

Petition No. 42 –
Museum for
Exploration,
Surveying and
Land Heritage
within the
Treasury Building.

 

    7.

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

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

                 Reports, 1999-2000 -

                          Murray-Darling Basin Commission.

                          River Murray Catchment Water Management Board.

                 Regulations under the following Acts -

                          Senior Secondary Assessment Board of South Australia Act 1983 - Principal.

                          South Australian Motor Sport Act 1984 - Variations.

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

                 Reports, 1999-2000 -

                          Courts Administration Authority.

                          Mining and Quarrying Occupational Health and Safety Committee South Australia.

                          Playford Centre.

                          SA Water.

                          South Australian Independent Pricing and Access Regulator.

                          WorkCover Corporation.

                 Road Block Establishment and Dangerous Area Declarations - Returns.

                 WorkCover Corporation Annual Report Addendum.

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

                 Reports, 1999-2000 -

                          South Australian Metropolitan Fire Service.

                          State Emergency Service.

                 Regulations under the following Act -

                          Police Act 1998 - Custody of Property.

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

                 Reports, 1999-2000 -

                          Administration of the Radiation Protection and Control Act 1982.

                          Bookmark Biosphere Trust.

                          Institute of Medical and Veterinary Science.

                          Native Vegetation Council.

                          Racing Industry Development Authority (RIDA).

                          South Australian Harness Racing Authority.

                          South Australian Thoroughbred Racing Authority.

                          Wilderness Protection Act - South Australia.

                 Regulations under the following Acts -

                          Environment Protection Act 1993 - Milk, Fruit Juice Containers.

                          Harbors and Navigation Act 1993 - Personal Watercraft.

                          Housing and Urban Development (Administrative Arrangements) Act 1995 - Board of Management.

                 National Trust of South Australia Act 1955 - Rules.

        By the Minister for Disability Services (The Hon. R. D. Lawson) -

                 Remuneration Tribunal - Determination No. 1 of 2000 - Auditor-General, Electoral Commissioner, Deputy Electoral Commissioner, Employee Ombudsman and Ombudsman.

 

Papers.

 

   8.

The Hon. A. J. Redford brought up the Report of the Legislative Review Committee concerning the Allocation of Recreational Rock Lobster Pots.

                 Ordered - That the Report be printed.  (Paper No. 203)

 

Legislative Review Committee -
Report on
Allocation of
Recreational Rock
Lobster Pots.

   9.

The Treasurer tabled a copy of a Ministerial Statement made by the Minister for Government Enterprises (The Hon. M. H. Armitage, M.P.) concerning TAB Staff Superannuation.

 

Paper Tabled.

10.

The Attorney-General, while making a Ministerial Statement, tabled the following Reports concerning the Victims of Crime Review -

                 Report One: Recommendations.

                 Report Two: Survey of Victims of Crime.

                 Report Three: Criminal Injuries Compensation together with Executive Summary.

 

Papers Tabled.

11.

The Treasurer tabled a copy of a Ministerial Statement made by the Premier (The Hon. J. W. Olsen, M.P.) concerning a Freeze on Gaming Machines in this State.

 

Paper Tabled.

12.

The Treasurer tabled a copy of a Ministerial Statement made by the Premier concerning the Report of the Prudential Management Group into Issues Arising from the Crammond Report.

 

Paper Tabled.

13.

The Treasurer tabled a copy of a Ministerial Statement made by the Minister for Tourism (The Hon. J. Hall, M.P.) concerning the Value of Events and Tourism Awards.

 

Paper Tabled.

14.

The Attorney-General, without notice, moved that the Standing Orders be so far suspended as to enable him to give a Notice of Motion after the time for giving such Notice had expired.

                 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.

15.

The Treasurer, without notice, moved - That the Standing Orders be so far suspended as to enable Question Time to be extended to enable him to have replies to Questions without Notice asked by several Members incorporated in Hansard.

                 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.

16.

Ordered - That Orders of the Day (Government Business) No. 2 to No. 8 be postponed and taken into consideration after Order of the Day (Government Business) No. 9.

 

Postponement
of Business.

17.

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

 

Postponement
of Business.

18.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Native Title (South Australia) (Validation and Confirmation) Amendment Bill.

 

In the Committee

 

                          Clause No. 6 further considered.

                 The Hon. S. M. Kanck moved to insert after paragraph (d) of the new definition of “excepted act” the following:

                           (e)  a previous exclusive possession act that was subject to a reservation or condition for the benefit of the public of a right of access over the whole or any part of the land or waters; or”.

                  Question - That new paragraph (e), as proposed to be inserted by the Hon. S. M. Kanck after paragraph (d) of the new definition of “excepted act”, be so inserted - put.

Native Title
(South Australia)
(Validation and
Confirmation)
Amendment Bill.

 

              Committee divided:

Ayes, 10

The Hon. M. J. Elliott

The Hon. I. Gilfillan

The Hon. P. Holloway

The Hon. C. A. Pickles

The Hon. R. R. Roberts

The Hon. T. G. Roberts

The Hon. R. K. Sneath

The Hon. N. Xenophon

                  The Hon. C. Zollo

                  The Hon. S. M. Kanck (Teller)

 

Noes, 10

The Hon. T. G. Cameron

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. K. T. Griffin (Teller)

 

 

 

                 And there being an equality of votes, the Chairperson gave his casting vote to the Ayes.

        So it was resolved in the affirmative.

                 The Hon. S. M. Kanck moved to insert after new paragraph (e) of the new definition of “excepted act” the following:

                           (f)   a previous exclusive possession act consisting of the grant or vesting of a lease if the lease had ceased to exist by 23 December 1996;”.

                 Question - That new paragraph (f), as proposed to be inserted by the Hon. S. M. Kanck after new paragraph (e) of the new definition of “excepted act”, be so inserted - put.

Chairperson’s
Casting Vote.

 

              Committee divided:

Ayes, 10

The Hon. T. G. Cameron

The Hon. M. J. Elliott

The Hon. I. Gilfillan

The Hon. P. Holloway

The Hon. C. A. Pickles

The Hon. R. R. Roberts

The Hon. T. G. Roberts

The Hon. R. K. Sneath

                  The Hon. C. Zollo

                  The Hon. S. M. Kanck (Teller)

 

Noes, 10

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. N. Xenophon

The Hon. K. T. Griffin (Teller)

 

 

 

                 And there being an equality of votes, the Chairperson gave his casting vote to the Ayes.

        So it was resolved in the affirmative.

                 The Hon. S. M. Kanck moved to insert after new paragraph (f) of the new definition of “excepted act” the following:

                           (g)  a previous exclusive possession act consisting of the grant of vesting of a community purposes lease1; or

                           (h)    a previous exclusive possession act consisting of the grant or vesting of a lease of an area of more than 40 square kilometres, unless the lease requires the lessee to use the land or waters covered by the lease solely or primarily for purposes other than—

                                                    (i)      grazing or pastoral purposes; or

                                                    (ii)     purposes which include grazing or any other pastoral purposes; or

                           (i)     a previous exclusive possession act consisting of the grant or vesting of a lease which contains a condition that the lessee construct buildings or other permanent improvements (apart from fences) where the lease is forfeited or surrendered before there has been substantial commencement of such construction; or

                           (j)     a previous exclusive possession act consisting of the grant or vesting of a lease for a term of 21 years or less, unless the area of land and waters covered by the lease does not exceed 12 hectares and the lease requires the lessee to use the land or waters covered by the lease solely or primarily for purposes other than—

                                                    (i)      grazing or pastoral purposes; or

                                                    (ii)     purposes which include grazing or any other pastoral purposes; or

                                                                                                          1.    A community purposes lease is defined in s. 249A NTA.”

                 Question - That new paragraphs (g), (h), (i) and (j), as proposed to be inserted by the Hon. S. M. Kanck after new paragraph (f) of the new definition of “excepted act”, be so inserted - put.

Chairperson’s
Casting Vote.

 

              Committee divided:

Ayes, 10

The Hon. T. G. Cameron

The Hon. M. J. Elliott

The Hon. I. Gilfillan

The Hon. P. Holloway

The Hon. C. A. Pickles

The Hon. R. R. Roberts

The Hon. T. G. Roberts

The Hon. R. K. Sneath

                  The Hon. C. Zollo

                  The Hon. S. M. Kanck (Teller)

 

Noes, 10

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. N. Xenophon

The Hon. K. T. Griffin (Teller)

 

 

                 And there being an equality of votes, the Chairperson gave his casting vote to the Ayes.

        So it was resolved in the affirmative.

                 The Hon. S. M. Kanck moved to insert after new paragraph (j) of the new definition of “excepted act” the following:

                           (k)  a previous exclusive possession act consisting of the grant or vesting of a miscellaneous lease solely or primarily for holiday accommodation or shack site purposes.”.

                 Question - That new paragraph (k), as proposed to be inserted by the Hon. S. M. Kanck after new paragraph (j) of the new definition of “excepted act”, be so inserted - put.

Chairperson’s
Casting Vote.

 

              Committee divided:

Ayes, 9

The Hon. M. J. Elliott

The Hon. I. Gilfillan

The Hon. P. Holloway

The Hon. C. A. Pickles

The Hon. R. R. Roberts

The Hon. T. G. Roberts

The Hon. R. K. Sneath

The Hon. C. Zollo

The Hon. S. M. Kanck (Teller)

 

 

Noes, 11

The Hon. T. G. Cameron

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. N. Xenophon

The Hon. K. T. Griffin (Teller)

 

 

        So it passed in the negative.

                          Clause No. 6, as amended and otherwise amended, agreed to.

                          Clauses No. 7 and No. 8 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.

                 The Attorney-General then moved - That this Bill be now read a third time.

                 Debate ensued.

                 Question put and passed.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

 

19.

Ordered - That Orders of the Day (Government Business) No. 2 to No. 8 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

20.

Ordered - That the adjourned debate on the question - That the Racing (Proprietary Business Licensing) 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 and No. 2 agreed to.

                          Clause No. 3 amended and agreed to.

                          New clause No. 3A inserted.

                          Clause No. 4 agreed to.

                          Clause No. 5 struck out.

                          New clause No. 5 inserted.

                          Clause No. 6 read.

                 To report progress and ask leave to sit again.

_____________________

 

Racing
(Proprietary
Business
Licensing) Bill.

 

                 The President resumed the Chair and reported progress and obtained for the Committee leave to sit again on motion.

 

 

21.

At one minute 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.

22.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Racing (Proprietary Business Licensing) Bill.

 

In the Committee

 

                          Clause No. 6 further considered and agreed to.

                          Clauses No. 7 to No. 9 agreed to.

                          Clause No. 10 read.

                 The Hon. T. G. Roberts moved on page 9, line 7, to leave out “the fees, or periodic fees,” and insert “the initial fee, and subsequent annual fees,”.

                 Question - That the amendment be agreed to - put and negatived.

                 The Hon. M. J. Elliott moved on page 9, line 10, after “licence” to insert “(which must not exceed five years)”.

                 Question - That the amendment be agreed to - put.

Racing
(Proprietary
Business
Licensing) Bill.

 

              Committee divided:

Ayes, 10

The Hon. I. Gilfillan

The Hon. P. Holloway

The Hon. S. M. Kanck

The Hon. C. A. Pickles

The Hon. R. R. Roberts

The Hon. T. G. Roberts

The Hon. R. K. Sneath

The Hon. N. Xenophon

The Hon. C. Zollo

                  The Hon. M. J. Elliott (Teller)

 

Noes, 10

The Hon. T. G. Cameron

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. K. T. Griffin

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. D. V. Laidlaw (Teller)

 

 

                 And there being an equality of votes, the Chairperson gave his casting vote to the Ayes.

        So it was resolved in the affirmative.

                          Clause No. 10, as amended and otherwise amended, agreed to.

                          Clauses No. 11 and No. 12 agreed to.

                          Clause No. 13 amended and agreed to.

                          Clauses No. 14 to No. 17 agreed to.

                          Clause No. 18 amended and agreed to.

                          Clauses No. 19 to No. 25 agreed to.

                 The Minister for Transport and Urban Planning moved on page 16, after line 27, to insert new clause as follows:

                  Limitations on associated betting operations

                          25A. (1) It is a condition of a proprietary racing business licence that the licensee must ensure that all reasonable steps are taken to prevent interactive betting operations on races conducted under the licence involving the acceptance of bets from persons within South Australia.

                          (2) In this section—

                          "betting facility" means an office, branch or agency established by a person lawfully conducting betting operations at which the public may attend to make bets with that person;

                          "interactive betting operations" means operations involving betting by persons not present at a betting facility where the betting is by means of telephone, internet communications or any other form of interactive electronic communications.’

                 The Hon. N. Xenophon moved to amend new clause No. 25A, as proposed to be inserted by the Minister for Transport and Urban Planning, by inserting after subclause (1) the following:

         “(1a)  A bet of a kind referred to in subsection (1) accepted from a person within South Australia is void and the amount of the bet is recoverable by the person as a debt from the person with whom it was made.”

 

Chairperson’s
Casting Vote.

 

                 Question - That the amendment moved by the Hon. N. Xenophon to new clause 25A, as proposed to be inserted by the Minister for Transport and Urban Planning, be agreed to - put and negatived.

                 Question - That new clause 25A, as proposed to be inserted the Minister for Transport and Urban Planning, be so inserted - put and passed.

                          New clause No. 25A inserted.

                          Clauses No. 26 to No. 50 agreed to.

                          New Schedule 1 inserted.

                          Schedule (to be numbered 2) 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.

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

                 Debate ensued.

                 Question put and passed.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

 

23.

Ordered - That Orders of the Day (Government Business) No. 10 to No. 12 be postponed and taken into consideration after Order of the Day (Government Business) No. 13.

 

Postponement
of Business.

24.

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.

                 Question put.

TAB (Disposal)
 Bill.

 

              Council divided:

Ayes, 10

The Hon. T. G. Cameron

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. K. T. Griffin

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. A. J. Redford

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. R. I. Lucas (Teller)

 

Noes, 10

The Hon. M. J. Elliott

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. C. A. Pickles

The Hon. R. R. Roberts

The Hon. T. G. Roberts

The Hon. R. K. Sneath

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

                 And there being an equality of votes, the Chairperson gave his casting vote to the Ayes.

        So it was resolved in the affirmative.

                 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. 15 agreed to.

                          Clause No. 16 read.

_____________________

 

And it being twelve of the clock:

FRIDAY 8 DECEMBER 2000

_____________________

 

Chairperson’s
Casting Vote.

 

 

                 The Hon. P. Holloway moved - That progress be reported and the Committee ask leave to sit again.

                 Question put.

 

 

              Committee divided:

Ayes, 10

The Hon. M. J. Elliott

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. C. A. Pickles

The Hon. R. R. Roberts

The Hon. T. G. Roberts

The Hon. R. K. Sneath

The Hon. N. Xenophon

The Hon. C. Zollo

                  The Hon. P. Holloway (Teller)

 

Noes, 10

The Hon. T. G. Cameron

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. K. T. Griffin

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. A. J. Redford

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. R. I. Lucas (Teller)

 

 

                 And there being an equality of votes, the Chairperson gave his casting vote to the Noes.

        So it passed in the negative.

                 The Hon. P. Holloway moved on page 14, lines 6 to 9, to leave out subclause (6).

                 Question - That the amendment be agreed to - put.

Chairperson’s
Casting Vote.

 

              Committee divided:

Ayes, 10

The Hon. M. J. Elliott

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. C. A. Pickles

The Hon. R. R. Roberts

The Hon. T. G. Roberts

The Hon. R. K. Sneath

The Hon. N. Xenophon

The Hon. C. Zollo

                  The Hon. P. Holloway (Teller)

 

Noes, 10

The Hon. T. G. Cameron

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. K. T. Griffin

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. A. J. Redford

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. R. I. Lucas (Teller)

 

 

                 And there being an equality of votes, the Chairperson gave his casting vote to the Ayes.

        So it was resolved in the affirmative.

                          Clause No. 16, as amended, agreed to.

                          New clause No. 16A inserted.

                          Clauses No. 17 to No. 26 agreed to.

                          Schedule 1 agreed to.

                          Schedule 2 agreed to.

                          Schedule 3 agreed to.

                          Schedule 4 suggested to be amended and 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 and suggested 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.

                 The Treasurer then moved - That this Bill be now read a third time.

                 Question put.

Chairperson’s
Casting Vote.

 

              Council divided:

Ayes, 9

The Hon. T. G. Cameron

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. A. J. Redford

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. R. I. Lucas (Teller)

 

Noes, 9

The Hon. M. J. Elliott

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. R. R. Roberts

The Hon. T. G. Roberts

The Hon. R. K. Sneath

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

                 And there being an equality of votes, the Chairperson gave his casting vote to the Ayes.

        So it was resolved in the affirmative.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

Chairperson’s
Casting Vote.

25.

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

Message No. 26

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Harbors and Navigation Act 1993, without any amendment.

House of Assembly, 7 December 2000.                                                             J.K.G. OSWALD, Speaker.

 

Messages from
House of
Assembly:
Harbors and Navigation (Miscellaneous)
Amendment Bill.

 

Message No. 27

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Goods Securities Act 1986 and the Motor Vehicles Act 1959, without any amendment.

House of Assembly, 7 December 2000.                                                             J.K.G. OSWALD, Speaker.

 

Statutes
Amendment
(Transport
Portfolio) Bill.

 

Message No. 28

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Road Traffic Act 1961, and to make related amendments to the Motor Vehicles Act 1959, without any amendment.

House of Assembly, 7 December 2000.                                                             J.K.G. OSWALD, Speaker.

 

Road Traffic
(Alcohol
Interlock Scheme)
Amendment
Bill.

 

Message No. 29

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Development Act 1993 and to make related amendments to the Environment Protection Act 1993, the Environment, Resources and Development Court Act 1993, the Irrigation Act 1994, the Native Vegetation Act 1991, the Roads (Opening and Closing) Act 1991 and the Water Resources Act 1997, with the amendment indicated by the annexed Schedule, to which amendment the House of Assembly desires the concurrence of the Legislative Council.

House of Assembly, 7 December 2000.                                                             J.K.G. OSWALD, Speaker.

Schedule of the amendment made by the House of Assembly

Clause 23, page 25, line 18 - Before “during” insert:

         “unless otherwise determined by the council

G. D. MITCHELL, Clerk of the House of Assembly.

                 Ordered - That the Message be taken into consideration on motion.

 

Development
(System
Improvement
Program)
Amendment Bill.

 

Message No. 30

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Shop Trading Hours Act 1977, without any amendment.

House of Assembly, 7 December 2000.                                                             J.K.G. OSWALD, Speaker.

 

Shop Trading
Hours (Glenelg
Tourist Precinct)
Amendment Bill.

26.

At twenty-five minutes to two o’clock a.m the sitting was suspended until the ringing of the bells.

                 At thirty minutes past nine o’clock a.m. the sitting was resumed.

 

Suspension and
Resumption of
Sitting.

27.

Ordered - That Orders of the Day (Government Business) No. 10 to No. 12 and No. 14 be postponed and taken into consideration after Order of the Day (Government Business) No. 15.

 

Postponement
of Business.

28.

On the Order of the Day being read for the adjourned debate on the question - That the Authorised Betting Operations 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.

                 The Hon. N. Xenophon moved on page 10, after line 4, to insert new clause as follows:

                          Factors to be taken into account in administration or enforcement

                                                   6A. (1) A person or body engaged in the administration or enforcement of this Act is required to have due regard to the need to foster the responsible conduct of gambling activities, including (without limitation) conduct designed—

                                    (a)       to promote responsible gambling; or

                                    (b)       to provide or promote services to address problems associated with gambling; or

                                    (c)       to otherwise minimise the potential for harm from gambling activities.

                                    (2) A person or body engaged in the administration or enforcement of this Act must take into account the findings in the report of the Productivity Commission 1999, Australia's Gambling Industries, Report No. 10, AusInfo, Canberra.”

                 The Hon. M. J. Elliott moved to amend new clause No. 6A, as proposed to be inserted by the Hon. N. Xenophon, by leaving out subclause (2).

                 Question - That the amendment moved by the Hon. M. J. Elliott to new clause No. 6A, as proposed to be inserted by the Hon. N. Xenophon, be agreed to - put and passed.

                 Question - That new clause No. 6A proposed to be inserted by the Hon. N. Xenophon, and as amended by the Hon. M. J. Elliott, be so inserted - put.

Authorised Betting Operations Bill.

 

              Committee divided:

Ayes, 4

The Hon. M. J. Elliott

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. N. Xenophon (Teller)

 

 

Noes, 13

The Hon. T. G. Cameron

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. R. R. Roberts

The Hon. C. V. Schaefer

The Hon. R. K. Sneath

The Hon. J. F. Stefani

The Hon. R. I. Lucas (Teller)

 

 

        So it passed in the negative.

                          Clauses No. 7 to No. 20 agreed to.

                          Clause No. 21 read.

                 The Hon. N. Xenophon moved on page 19, after line 4, to insert the following:

                           “(ab)   must, in the case of an application for the grant, renewal or transfer of the licence, be accompanied by—

                                        (i)       a community impact statement; and

                                       (ii)       a statement of responsible gambling initiatives for the operations under the licence;”

                 The Hon. N. Xenophon also moved on page 19, after line 17, to insert the following:

                                             “(2a) In preparing a community impact statement or a statement of responsible gambling initiatives, the applicant must have regard to relevant guidelines issued by the Authority.”

                 Question - That the amendments be agreed to - put and negatived.

                          Clause No. 21 agreed to.

                          Clause No. 22 read.

 

 

 

                 The Hon. N. Xenophon moved on page 19, after line 27, to insert the following:

                                             “(2a) The Authority must in determining an application for the grant, renewal or transfer of the licence have regard to information about social and community issues and the adequacy of the licensee's proposed responsible gambling initiatives.”

                 Question - That the amendment be agreed to - put and negatived.

                          Clause No. 22 agreed to.

                          Clauses No. 23 to No. 32 agreed to.

                          Clause No. 33 read.

                 The Hon. N. Xenophon moved on page 23, lines 7 and 8, to leave out “the management, supervision and control of”.

                 Question - That the amendment be agreed to - put and negatived.

                          Clause No. 33 agreed to.

                          Clauses No. 34 to 41 agreed to.

                 The Hon. N. Xenophon moved on page 27, after line 27, to insert new clause as follows:

                          Interactive betting

                                    41A. (1) It is a condition of the major betting operations licence or an on-course totalisator betting licence that the licensee must not conduct interactive betting under the licence except as authorised by regulation.

                                    (2) A regulation made for the purposes of subsection (1) cannot come into operation until the time has passed during which the regulation may be disallowed by resolution of either House of Parliament.

                                    (3) If interactive betting is authorised by regulations under this section, it is a condition of the major betting operations licence or an on-course totalisator betting licence that the licensee must not accept a bet in the course of interactive betting operations under the licence on a contingency related to a race, sporting match or other event after the commencement of that race, sporting match or other event.

                                    (4)  In this section—

                          "interactive betting" means—

 

 

                          (a)    betting by means of internet communication; or

                          (b)    betting by any other electronic means of communication that is interactive and includes transmission of visual images.’

                 The Hon. P. Holloway moved on page 27, after line 27, to insert new clause as follows:

                          Parliamentary approval required for interactive betting

                                    41A. (1) It is a condition of the major betting operations licence or an on-course totalisator betting licence that the licensee must not conduct interactive betting under the licence except as authorised by regulation.

                                    (2) Subsection (1) does not prevent the holder of the major betting operations licence from conducting interactive betting of a kind conducted by the South Australian Totalizator Agency Board on or before 29 November 2000.

                                    (3) A regulation made for the purposes of subsection (1) cannot come into operation until the time has passed during which the regulation may be disallowed by resolution of either House of Parliament.

                                    (4)  In this section—

                          "interactive betting" means—

                          (a)    betting by means of internet communication; or

                          (b)    betting by any other electronic means of communication that is interactive and includes transmission of visual images.’

                 The Hon. P. Holloway, by leave, amended his amendment in subclause (2) by leaving out “29 November 2000” and inserting “8 December 2000”.

                 Question - That new clause No. 41A, as proposed to be inserted by the Hon. N. Xenophon, be so inserted - put and negatived.

                 Question - That new clause No. 41A, as proposed to be inserted by the Hon. P. Holloway, be so inserted - put.

 

 

              Committee divided:

Ayes, 10

The Hon. M. J. Elliott

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. C. A. Pickles

The Hon. R. R. Roberts

The Hon. T. G. Roberts

The Hon. R. K. Sneath

The Hon. N. Xenophon

The Hon. C. Zollo

                  The Hon. P. Holloway (Teller)

 

Noes, 9

The Hon. T. G. Cameron

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. K. T. Griffin

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. R. I. Lucas (Teller)

 

 

        So it was resolved in the affirmative.

                 New clause 41A inserted.

                 The Hon. N. Xenophon moved on page 27, after line 27, to insert new clause as follows:

                          Approval of systems and procedures to prevent betting by Australians on proprietary racing

                                    41B. (1) If the holder of the major betting operations licence or an on-course totalisator betting licence is authorised to conduct betting operations in respect of proprietary racing, it is a condition of the licence—

                          (a)    that the licensee must have systems and procedures approved by the Commissioner designed to prevent the acceptance of bets on proprietary racing from persons within Australia; and

                          (b)    that the licensee must ensure that the operations under the licence conform with the systems and procedures approved under this section.

                                        (2) In this section—

                          "for-profit entity" means a person or body other than—

                          (a)    a body corporate that is unable, because of its constitution or its nature, lawfully to return profits to its members; or

                          (b)    a body corporate each of the members of which is a body corporate of a kind referred to in paragraph (a); or

                          (c)    a body corporate each of the members of which is a body corporate of a kind referred to in paragraph (b);

                          "proprietary racing" means races conducted—

                          (a)    by a for-profit entity; or

                          (b)    under an arrangement with a for-profit entity,

                          with a view to generating profit for that entity;

                          "race" means any form of race.’

                 Question - That new clause No. 41B, as proposed to be inserted by the Hon. N. Xenophon, be so inserted - put and negatived.

                          Clause No. 42 read.

                 The Hon. N. Xenophon moved on page 27, after line 33, to insert the following:

                                    “(3) The licensee must, when seeking the approval of the location of an office, branch or agency under this section, provide the Authority with—

                                       (a)    a community impact statement; and

                                       (b)    a statement of responsible gambling initiatives for the operations under the licence at that office, branch or agency.

                                    (4) In preparing a community impact statement or a statement of responsible gambling initiatives, the applicant must have regard to relevant guidelines issued by the Authority.”

                 Question - That the amendment be agreed to - put and negatived.

                          Clause No. 42 agreed to.

                          Clause No. 43 agreed to.

                          Clause No. 44 read.

                 The Hon. N. Xenophon moved on page 28, after line 15, to insert the following:

                          (c)     allow a person to use a credit card or charge card for the purpose of paying for, or setting aside an amount for, bets.”

                 Question - That the amendment be agreed to - put and negatived.

                          Clause No. 44 agreed to.

 

 

 

                 The Hon. N. Xenophon moved on page 28, after line 15, to insert new clause as follows:

                          ‘Misrepresentation or misdescription of credit transactions

                                    44A. (1) A responsible person must not, in any transaction involving a payment at an office, branch or agency of the holder of the major betting operations licence or at a racecourse by means of a credit facility provided by an ADI, describe or represent any cash advance extended to another person who the responsible person knows, or could reasonably be expected to know, intends to use the cash advance to gamble at the office, branch or agency or racecourse (as the case requires) to be a payment for goods or services lawfully provided at the office, branch, agency or racecourse or elsewhere.

                          Maximum penalty: $20 000.

                                    (2) In this section—

                                    "responsible person" means—

                                       (a)    in respect of an office, branch or agency of the holder of the major betting operations licence—the holder of that licence or an agent or employee of the holder of that licence;

                                       (b)    in respect of a racecourse—the holder of an on-course totalisator betting licence for the racecourse or an agent of employee of the holder of an on-course totalisator betting licence.’

                 Question - That new clause No. 44A, as proposed to be inserted by the Hon. N. Xenophon, be so inserted - put and negatived.

                          Clauses No. 45 to No. 48 agreed to.

                          Clause No. 49 read.

                 The Hon. N. Xenophon moved on page 29, line 21, after “agencies” to insert, and on betting tickets,”.

                 Question - That the amendment be agreed to - put and negatived.

                          Clause No. 49 agreed to.

                 The Hon. N. Xenophon moved on page 29, after line 26, to insert new clause as follows:

                          ‘Staff training or instruction manuals

                                    49A. (1) It is a condition of the major betting operations licence or an on-course totalisator betting licence that the licensee must submit to the Authority—

                                       (a)    any staff training or instruction manual; and

                                       (b)    any proposed variation of a staff training or instruction manual,

                          at least 14 days before the manual or variations become effective.

                                    (2) The Authority may, by written notice to a licensee, require a staff training or instruction manual or proposed variation of a staff training or instruction manual to be altered as set out in the notice.

                                    (3) It is a condition of the major betting operations licence or an on-course totalisator betting licence that the licensee must ensure that all alterations required to be made by written notice under subsection (2) are made in accordance with that notice.

                                    (4) In this section—

                          "staff training or instruction manual" means any material (in printed or electronic form) prepared by or on behalf of a licensee containing information that may reasonably be considered relevant to staff of the licensee in the conduct of, or in training for, their duties in relation to gambling activities.’

                 Question - That new clause No. 49A, as proposed to be inserted by the Hon. N. Xenophon, be so inserted - put and negatived.

                          Clauses No. 50 to No. 55 agreed to.

                          Clause No. 56 read.

                 The Hon. N. Xenophon moved on page 32, after line 18, to insert the following:

                          ‘(2) However, a permit may not authorise interactive betting.

                           (3) In this section—

                                 "interactive betting" means—

                                 (a)       betting by means of internet communication; or

                                 (b)       betting by any other electronic means of communication that is interactive and includes transmission of visual images.’

                 Question - That the amendment be agreed to - put and negatived.

                          Clause No. 56 agreed to.

                          Clauses No. 57 to No. 60 agreed to.

 

 

 

                 The Hon. N. Xenophon moved on page 33, after line 22, to insert new clause as follows:

                           Prohibition of lending or extension of credit

                                    60A. It is a condition of a bookmaker's licence that the licensee must not—

                          (a)    accept a bet unless the licensee has received the amount of the bet; or

                          (b)    in connection with the making of a bet, lend money or anything that might be converted into money or extend any other form of credit; or

                          (c)    allow a person to use a credit card or charge card for the purpose of paying for, or setting aside an amount for, bets.”

                 Question - That new clause No. 60A, as proposed to be inserted by the Hon. N. Xenophon, be so inserted - put and negatived.

                          Clauses No. 61 to No. 80 agreed to.

                 The Hon. N. Xenophon moved on page 43, after line 7, to insert new clauses as follows:

                           Prohibition on sports betting by participants and families

                                                   80A.  (1) A person mustnot make a bet in respect of a sporting event (other than an animal race) if—

                          (a)    the person is to participate in the event as a player, umpire, referee, coach or team manager; or

                          (b)    the person is the spouse, child, parent or sibling of a person referred to in paragraph (a).

                          Maximum penalty: $50 000.

                                                   (2) The holder of the major betting operations licence, an on-course totalisator betting licence or a bookmaker’s licence must not accept a bet knowing that the making of the bet would be in contravention of subsection (1).

                          Maximum penalty: $50 000.

                           Register of major sports betting

                                                   80B.  (1) The holder of the major betting operations licence, an on-course totalisator betting licence or a bookmaker’s licence must—

                          (a)    notify the Authority of each bet accepted by the holder in respect of a sporting event (other than an animal race) of an amount of or exceeding $5 000; and

                          (b)    provide the Authority with information relating to the bet,

                          as required by the Authority.

                          Maximum penalty: $10 000.

                                                   (2) The Authority must maintain a register of bets notified to it under subsection (1) and make that register available to the Commissioner, a person authorised by the Commissioner for the purpose or a police officer acting in the course of his or her duty.”

                 Question - That new clause No. 80A, as proposed to be inserted by the Hon. N. Xenophon, be so inserted - put and negatived.

                 Question - That new clause No. 80B, as proposed to be inserted by the Hon. N. Xenophon, be so inserted - put and negatived.

                          Clauses No. 81 to No. 91 agreed to.

                 The Hon. N. Xenophon moved on page 43, after line 7, to insert new clause as follows:

                                 Review of Act

                                          92. The Minister must, within 12 months after the day on which this Act is assented to by the Governor, cause this Act to be reviewed in light of the report of the Productivity Commission 1999, Australia's Gambling Industries, Report No. 10, AusInfo, Canberra and cause a report of the review to be laid before both Houses of Parliament.”

                 The Hon. P. Holloway moved to amend new clause No. 92, as proposed to be inserted by the Hon. N. Xenophon, by leaving out “this Act is assented to by the Governor, cause this Act to be reviewed in light of the report of the Productivity Commission 1999, Australia’s Gambling Industries, Report No. 10, AusInfo, Canberra” and inserting “section 7 comes into operation, cause this Act to be reviewed”.

                 Question - That the amendment moved by the Hon. P. Holloway to new clause No. 92 as proposed to be inserted by the Hon. N. Xenophon, be agreed to - put and passed.

                 Question - That new clause No. 92, as proposed to be inserted by the Hon. N. Xenophon, and as amended by the Hon. P. Holloway, be so inserted - put and passed.

                          New clause No. 92 inserted.

                          Schedule 1 agreed to.

 

 

 

                          Schedule 2 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 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.

 

 

29.

Ordered - That Orders of the Day (Government Business) No. 10 and No. 11 be postponed and taken into consideration after Order of the Day (Government Business) No. 12.

 

Postponement
of Business.

30.

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.

          Question put.

Education
(Councils
and Charges)
Amendment Bill.

 

              Council divided:

Ayes, 9

The Hon. T. G. Cameron

The Hon. J.S.L. Dawkins

The Hon. K. T. Griffin

The Hon. D. V. Laidlaw

The Hon. A. J. Redford

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. N. Xenophon

The Hon. R. I. Lucas (Teller)

 

Noes, 7

The Hon. M. J. Elliott

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. R. R. Roberts

The Hon. T. G. Roberts

The Hon. R. K. Sneath

The Hon. C. A. Pickles (Teller)

 

        So it was resolved in the affirmative.

                 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. 5 agreed to.

                          Clause No. 6 read.

                 The Hon. N. Xenophon moved on page 14, after line 9, to insert new subsection as follows:

                          “(2)  Section 106A to 106C of this Act expire on 1 December 2002.”

                 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 motion.

 

 

31.

At twenty minutes past one o’clock p.m. the sitting was suspended until the ringing of the bells.

                 At fifteen minutes past two o’clock p.m. the sitting was resumed.

 

Suspension and
Resumption of
Sitting.

32.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Education (Councils and Charges) Amendment Bill.

 

In the Committee

 

                          Clause No. 6 which the Hon. N. Xenophon had moved to amend on page 14, after line 9, by inserting new subsection as follows:

                          “(2) Section 106A to 106C of this Act expire on 1 December 2002.” - further considered.

                 Question - That the amendment be agreed to - put and passed.

 

Education
(Councils
and Charges)
Amendment Bill.

 

                          Clause No. 6, as amended and otherwise amended, agreed to.

                          Clause No. 7 agreed to.

                          Schedule 1 agreed to.

                          Schedule 2 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 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.

                 The Treasurer then moved - That this Bill be now read a third time.

                 Question put.

 

 

              Council divided:

Ayes, 10

The Hon. T. G. Cameron

The Hon. J.S.L. Dawkins

The Hon. K. T. Griffin

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. A. J. Redford

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. N. Xenophon

The Hon. R. I. Lucas (Teller)

 

Noes, 8

The Hon. M. J. Elliott

The Hon. I. Gilfillan

The Hon. P. Holloway

The Hon. S. M. Kanck

The Hon. T. G. Roberts

The Hon. R. K. Sneath

The Hon. C. Zollo

The Hon. C. A. Pickles (Teller)

 

 

        So it was resolved in the affirmative.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

 

33.

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

Message No. 31

                 MR. PRESIDENT - The House of Assembly has agreed to the amendments made by the Legislative Council in the South Australian Ports (Disposal of Maritime Assets) Bill without any amendment; and has agreed to the suggested amendment without any amendment and has amended the Bill accordingly.

House of Assembly, 8 December 2000.                                                             J.K.G. OSWALD, Speaker.

 

Messages from
House of
Assembly:
South Australian
Ports (Disposal of
Maritime Assets)
Bill.

 

Message No. 32

                 MR. PRESIDENT - The House of Assembly has agreed to Amendments Nos. 1 to 6 and 8 to 12 made by the Legislative Council in the Racing (Proprietary Business Licensing) Bill without any amendment and has disagreed to Amendment No. 7 and has made the alternative amendments indicated by the annexed Schedule in lieu thereof.  The House of Assembly returns the Bill herewith and desires its reconsideration.

House of Assembly, 8 November 2000.                                                             J.K.G. OSWALD, Speaker.

Racing
(Proprietary
Business
Licensing) Bill.

 

Schedule of the amendment made by the Legislative Council

to which the House of Assembly has disagreed

No. 7.         Page 9, line 10 (clause 10) - After licence insert:

                             “(which must not exceed five years)”

Schedule of the alternative amendments

made by the House of Assembly in lieu thereof

No. 1.         New clause - After clause 31 insert:

                             “Records relating to default incidents

                                        31A. (1) The Authority must cause a record to be kept of every default incident that comes to the notice of the Authority or an authorised officer.

                                        (2) The record must include -

                                 (a)      details of the default incident; and

                                 (b)      details of any action taken under this Part in relation to the default incident; and

 

 

 

                                 (c)      if action was not taken under this Part in relation to the default incident, a statement of the reasons why action was not taken.

                                        (3) A default incident consists of an incident that the Authority considers could, on the available evidence, reasonably be found to constitute a statutory default (whether or not, in the opinion of the Authority, warranting action under this Part).”

No. 2.         Clause 49, page 26, lines 29 to 31 - Leave out paragraphs (a) and (b) and insert:

                   “(a) a copy of the records of default incidents under this Act for the preceding financial year; and”

G. D. MITCHELL, Clerk of the House of Assembly.

 

 

                 Ordered - That the Message be taken into consideration forthwith.

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

 

In the Committee

 

                          Resolved - That Amendment No. 7 be not insisted on and the alternative amendments made by the House of Assembly in lieu thereof be agreed to.

                 The Minister for Transport and Urban Planning moved - That a necessary consequential amendment be made to clause No. 25A by leaving out from the definition of “interactive betting operations” the words “telephone, internet communications or any other form of interactive electronic communications” and inserting “internet communications”.

                 The Hon. N. Xenophon moved to amend the consequential amendment moved by the Minister for Transport and Urban Planning by inserting after “internet communications” the words “and interactive digital television communications”.

                 Question - That the amendment moved by the Hon. N. Xenophon to the necessary consequential amendment moved by the Minister for Transport and Urban Planning, be agreed to - put.

 

 

              Committee divided:

Ayes, 4

The Hon. M. J. Elliott

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. N. Xenophon (Teller)

 

 

Noes, 15

The Hon. T. G. Cameron

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. K. T. Griffin

The Hon. P. Holloway

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. C. Zollo

The Hon. D. V. Laidlaw (Teller)

 

 

        So it passed in the negative.

                 Question - That the necessary consequential amendment moved by the Minister for Transport and Urban Planning, be agreed to - put and passed.

_____________________

 

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

 

 

34.

Ordered - That Orders of the Day (Government Business) No. 10, No. 11, No. 14 and No. 16, Notices of Motion (Private Business) No. 1 and No. 2 and Orders of the Day (Private Business) No. 1 and No. 2, be postponed and taken into consideration after Order of the Day (Private Business) No. 3.

 

Postponement
of Business.

35.

On the Order of the Day being read for the adjourned debate on the question - That the Gaming Machines (Freeze on Gaming Machines) 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

 

                          Clause No. 1 agreed to.

                          Clause No. 2 read.

                 Question - That clause No. 2, as amended, be agreed to - put.

Gaming Machines
(Freeze on
Gaming Machines)
Amendment Bill.

 

              Committee divided:

Ayes, 13

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. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. R. R. Roberts

The Hon. R. K. Sneath

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. A. J. Redford (Teller)

 

Noes, 7

The Hon. S. M. Kanck

The Hon. R. I. Lucas

The Hon. C. A. Pickles

The Hon. T. G. Roberts

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. P. Holloway (Teller)

 

 

        So it was resolved in the affirmative.

                          Clause No. 2, as amended, agreed to.

                          Clause No. 3 struck out.

                          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 be now pass.

 

 

36.

Ordered - That Orders of the Day (Government Business) No. 10, No. 11 and No. 14 be postponed and taken into consideration after Order of the Day (Government Business) No. 16.

 

Postponement
of Business.

37.

On the Order of the Day being read for the adjourned debate on the question - That the Country Fires (Incident Control) 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. 5 agreed to.

                          Clause No. 6 amended and agreed to.

                          Clause No. 7 amended and agreed to.

                          Title agreed to.

_____________________

 

Country Fires
(Incident Control)
Amendment Bill.

 

                 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.

 

 

38.

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

Message No. 33

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Native Title (South Australia) Act 1994, with the amendments indicated by the annexed Schedule, to which amendments the House of Assembly desires the concurrence of the Legislative Council.

House of Assembly, 8 November 2000.                                                             J.K.G. OSWALD, Speaker.

 

Message from
House of
Assembly:
Native Title
(South Australia)
(Validation and
Confirmation)
Amendment Bill.

 

Schedule of the amendments made by the House of Assembly

No. 1.         Clause 6 - Leave out subparagraph (iii) of paragraph (d) of the definition of “excepted act” in proposed section 36F(4) and insert:

                             “(iii)     the interest arose under a lease granted under section 35 of the National Parks and Wildlife Act 1972 solely or primarily for any of the following:

                                                   •      garden;

                                                   •      grazing and cropping.”

No. 2.         Clause 6 - Leave out paragraphs (e), (f), (g), (h), (i) and (j) of the definition of “excepted act” in proposed section 36F(4).

G. D. MITCHELL, Clerk of the House of Assembly.

 

 

                 Ordered - That the Message be taken into consideration forthwith.

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

 

In the Committee

 

                 The Attorney-General moved - That Amendment No. 1 of the House of Assembly be agreed to.

                 Question put.

 

 

              Committee divided:

Ayes, 10

The Hon. T. G. Cameron

The Hon. J.S.L. Dawkins

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. N. Xenophon

The Hon. K. T. Griffin (Teller)

 

Noes, 8

The Hon. M. J. Elliott

The Hon. P. Holloway

The Hon. C. A. Pickles

The Hon. R. R. Roberts

The Hon. T. G. Roberts

The Hon. R. K. Sneath

The Hon. C. Zollo

The Hon. S. M. Kanck (Teller)

 

 

        So it was resolved in the affirmative.

                 The Attorney-General moved - That Amendment No. 2 of the House of Assembly be agreed to.

                 Question - That the amendment to leave out paragraph (e) in Amendment No. 2 be agreed to - put.

 

 

              Committee divided:

Ayes, 9

The Hon. T. G. Cameron

The Hon. J.S.L. Dawkins

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. K. T. Griffin (Teller)

 

Noes, 9

The Hon. M. J. Elliott

The Hon. P. Holloway

The Hon. C. A. Pickles

The Hon. R. R. Roberts

The Hon. T. G. Roberts

The Hon. R. K. Sneath

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. S. M. Kanck (Teller)

 

 

                 And there being an equality of votes, the Chairperson gave his casting vote to the Ayes.

        So it was resolved in the affirmative.

                 Question - That the amendment to leave out paragraphs (f), (g), (h), (i) and (j) in Amendment No. 2 be agreed to - put and passed.

_____________________

 

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

 

Chairman’s
Casting Vote.

39.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of Message No. 29 relating to the Development (System Improvement Program) Amendment Bill.

 

In the Committee

 

                          Resolved - That the amendment be agreed to.

_____________________

 

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

       

Development
(System
Improvement
Program)
Amendment Bill.

40.

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

Message No. 34

                 MR. PRESIDENT - The House of Assembly has agreed to the amendment suggested by the Legislative Council in the Stamp Duties (Land Rich Entities and Redemption) Amendment Bill without any amendment and has amended the Bill accordingly.

House of Assembly, 8 December 2000.                                                             J.K.G. OSWALD, Speaker.

 

Messages from
House of
Assembly:
Stamp Duties
(Land Rich Entities
and Redemption)
Amendment Bill.

 

Message No. 35

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Controlled Substances Act 1984, without amendment.

House of Assembly, 8 December 2000.                                                             J.K.G. OSWALD, Speaker.

 

Controlled
Substances
(Drug Offence
Diversion)
Amendment Bill.

 

Message No. 36

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Occupational Health, Safety and Welfare Act 1986, without amendment.

House of Assembly, 8 December 2000.                                                             J.K.G. OSWALD, Speaker.

 

Occupational
Health, Safety
and Welfare
(Penalties)
Amendment Bill.

 

Message No. 37

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Construction Industry Long Service Leave Act 1987, without amendment.

House of Assembly, 8 December 2000.                                                             J.K.G. OSWALD, Speaker.

 

Construction

Industry Long
Service Leave
(Miscellaneous)
Amendment Bill.

 

Message No. 38

                 MR. PRESIDENT - The House of Assembly has agreed to Amendment No. 1 made by the Legislative Council in the TAB (Disposal) Bill, without any amendment and has agreed to Amendment No. 2 with the amendment indicated in the annexed schedule, has agreed to the suggested amendments without any amendment and has amended the Bill accordingly.  The House of Assembly returns the Bill herewith and desires its reconsideration.

House of Assembly, 8 November 2000.                                                             J.K.G. OSWALD, Speaker.

 

TAB
(Disposal) Bill.

 

Schedule of the amendment made by the House of Assembly

to Amendment No. 2 of the Legislative Council

Legislative Council’s Amendment:

    No. 2.     Page 15 - After line 2 insert new clause as follows:

                         Superannuation Trust Deed

                          16A. (1) The Trustee must, as soon as practicable, obtain appropriate advice and, on the basis of that advice, determine the amount by which the Fund exceeds that necessary to maintain the level of benefits payable from the Fund to the Members (the Fund surplus).

                             (2) The Board and the Trustee must, as soon as practicable after the Fund surplus has been determined and in accordance with the Deed, amend the Deed so that 50 per cent of the Fund surplus (or as near to 50 per cent of the Fund surplus as is reasonably achievable) will be applied in the provision of benefits to the Members in a manner that the Board and the Trustee determine to be equitable as between the Members.

                             (3) If the making of a transfer order or sale agreement will necessitate the making of an employee transfer order, the transfer order or sale agreement must contain provisions necessary to continue the application of the Deed to the employees who will be transferred by the employee transfer order.

                             (4) In this section—

                    (a)    "Deed" means the deed of trust dated 28 July 1969 establishing the superannuation fund known as the South Australian Totalizator Agency Board Staff Superannuation Fund, as amended from time to time;

                    (b)    the expressions "Board", "Fund", "Member" and "Trustee" have the same respective meanings as in the Deed.

                             (5) This section comes into operation on the day on which this Act is assented to by the Governor.’

House of Assembly’s amendment thereto:

    At the end of proposed section 16A(2) insert “and the balance of the Fund surplus will be paid to TAB or TABCO.”

G. D. MITCHELL, Clerk of the House of Assembly.

 

 

                 Ordered - That the Message be taken into consideration forthwith.

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

 

 

 

In the Committee

 

                 Resolved - That the amendment made by the House of Assembly to Amendment No. 2 be agreed to.

_____________________

 

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

 

 

 

Message No. 39

                 MR. PRESIDENT - The House of Assembly has agreed to Amendment No. 2 made by the Legislative Council in the Authorised Betting Operations Bill, without any amendment; and has disagreed to Amendment No. 1.  The House of Assembly returns the Bill herewith and desires its reconsideration.

House of Assembly, 8 November 2000.                                                             J.K.G. OSWALD, Speaker.

Authorised
Betting
Operations Bill.

 

                 Ordered - That the Message be taken into consideration forthwith.

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

 

In the Committee

 

                 The Treasurer moved - That Amendment No. 1 be insisted on - put.

 

 

              Committee divided:

Ayes, 9

The Hon. M. J. Elliott

The Hon. S. M. Kanck

The Hon. C. A. Pickles

The Hon. R. R. Roberts

The Hon. T. G. Roberts

The Hon. R. K. Sneath

The Hon. N. Xenophon

The Hon. C. Zollo

                  The Hon. P. Holloway (Teller)

 

Noes, 9

The Hon. T. G. Cameron

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. K. T. Griffin

The Hon. D. V. Laidlaw

The Hon. A. J. Redford

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. R. I. Lucas (Teller)

 

 

                 And there being an equality of votes, the Chairperson gave his casting vote to the Noes.

        So it passed in the negative.

_____________________

 

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

 

Chairperson’s
Casting Vote.

41.

Ordered - That Orders of the Day (Government Business) No. 10, No. 11 and No. 14 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

42.

Ordered - That Notices of Motion (Private Business) and Orders of the Day (Private Business) No. 1, No. 2, No. 4 to No. 7 and No. 9 be Orders of the Day for Wednesday, 14 March 2000.

 

Postponement
of Business.

43.

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

 

In the Committee

 

                          Clause No. 6 further reconsidered and agreed to.

                          Clause No. 9 reconsidered, amended and agreed to.

                          Title reconsidered and agreed to.

_____________________

 

                 The President resumed the Chair, and reported that the Committee had reconsidered the Bill and had agreed to the same with further amendments; whereupon the Council adopted such reports.

                 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 be now pass.

 

Casino
(Miscellaneous)
Amendment Bill.

44.

The Treasurer moved - That the Council at its rising, do adjourn until Tuesday, 13 March 2001, at fifteen minutes past two o’clock.

                 Debate ensued.

                 Question put and passed.

 

Next Day
of Sitting.

45.

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

Message No. 40

                 MR. PRESIDENT - The House of Assembly has agreed to the amendment made by the Legislative Council in the Education (Council and Charges) Amendment Bill without amendment.

House of Assembly, 8 December 2000.                                                             J.K.G. OSWALD, Speaker.

 

Messages from
House of
Assembly:
Education (Council and Charges) Amendment Bill.

 

Message No. 41

                 MR. PRESIDENT - The House of Assembly has agreed to the consequential amendment made by the Legislative Council in the Racing (Proprietary Business Licensing) Bill, without amendment.

House of Assembly, 8 December 2000.                                                             J.K.G. OSWALD, Speaker.

 

Racing
(Proprietary
Business
Licensing) Bill.

 

Message No. 42

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Gaming Machines Act 1992, without any amendment.

House of Assembly, 8 December 2000.                                                             J.K.G. OSWALD, Speaker.

 

Gaming Machines
(Freeze on
Gaming Machines)
Amendment Bill.

 

Message No. 43

                 MR. PRESIDENT - The House of Assembly has agreed to the amendments made by the Legislative Council in the Country Fires (Incident Control) Amendment Bill without amendment.

House of Assembly, 8 December 2000.                                                             J.K.G. OSWALD, Speaker.

 

Country Fires
(Incident Control)
Amendment Bill.

46.

Council adjourned at fifteen minutes past seven o’clock p.m. until Tuesday, 13 March 2001, 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. 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