[SOUTH AUSTRALIA]

No. 46

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY  8  JULY  1997

 

 

 

   1.

Council met pursuant to adjournment.  The President (The Hon. H.P.K. Dunn) took the Chair.

                 The President read prayers.

 

Meeting of

Council.

 

   2.

Answers to Questions on Notice Nos. 39 and 151 received this day were tabled by the President who directed that they be distributed and printed in Hansard.

 

Answers to

Questions on

Notice.

 

   3.

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

        By the Minister for Education and Children’s Services (The Hon. R. I. Lucas) -

                 Police Superannuation Scheme - Actuarial Report, 1995-96.

                 Friendly Societies Act 1919 - Albert District No. 83 Independent Order of Rechabites - Salford Unity Friendly Society - General Laws.

                 Development Act 1993 - Report on Crown Development for Expansion and Relocation of the Tanunda Primary School.

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

                 Response to the Recommendations made by the Statutory Authorities Review Committee in its Report and Review of the Legal Services Commission (Part 2).

                 Rules of Court - District Court of South Australia - District Court Act 1991 - District Court Rules 1992 - Amendment No. 16.

                 District Council By-laws - Elliston - No. 9 - Camping.

 

Papers.

   4.

The Minister for Education and Children’s Services (The Hon. R. I. Lucas) tabled a copy of a Ministerial Statement made by the Minister for Infrastructure (The Hon. G. A. Ingerson, M.P.) concerning the Appointment of the Chief Executive Officer of the Department of Recreation and Sport.

 

Paper Tabled.

   5.

The Attorney-General, while making a Ministerial Statement, tabled a copy of a facsimile from Mr. Bryan Moulds, Executive Director, Property Council of Australia (SA Division), to the Attorney-General, together with a Statement from the Retail Leases Advisory Group, dated Monday, 7 July 1997.

 

Paper Tabled.

   6.

The Minister for Education and Children’s Services, without notice, moved - That the Standing Orders be so far suspended as to enable Question Time to be extended until twenty minutes past three 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.

   7.

Ordered - That Order of the Day (Government Business) No. 1 be an Order of the Day for next day of sitting.

 

Postponement

of Business.

 

   8.

Ordered - That Order of the Day (Government Business) No. 2 be postponed and taken into consideration after Order of the Day (Government Business) No. 11.

 

Postponement

of Business.

 

   9.

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

 

Postponement

of Business.

 

10.

On the Order of the Day being read for the adjourned debate on the question - That the Partnerships (Limited Partnerships) 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. 11 agreed to.

                          Schedule agreed to.

                          Title agreed to.

_____________________

 

                 The President resumed the Chair, and reported that the Committee had considered the Bill and had agreed to the same without amendment; whereupon the Council adopted such report.

                 The 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.

 

Partnership

(Limited Partnerships) Amendment

Bill.

  11.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Statutes Amendment (Attorney-General’s Portfolio) Amendment Bill.

 

In the Committee

 

                          Clause No. 1 further considered and agreed to.

                          Clauses No. 2 to No. 6 agreed to.

                          Clause No. 7 amended and agreed to.

                          Clauses No. 8 to No. 13 agreed to.

                          New clause No. 13A inserted.

                          Clauses No. 14 and No. 15 agreed to.

                          New clause No. 16 inserted.

                          New schedule inserted.

                          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

(Attorney-General’s Portfolio) Bill.

12.

On the Order of the Day being read for the adjourned debate on the question - That the Juries (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. 7 agreed to.

                          Title agreed to.

_____________________

 

                 The President resumed the Chair, and reported that the Committee had considered the Bill and had agreed to the same without amendment; whereupon the Council adopted such report.

                 The 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.

 

Juries (Miscellaneous) Amendment

Bill.

13.

On the Order of the Day being read for the adjourned debate on the question - That the
Co-operatives 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. 447 agreed to.

                          Clause No. 448, being a money clause, no question was put on the clause.

                          Clauses No. 449 to 456 agreed to.

                          Schedule 1 to Schedule 5 agreed to.

                          Title agreed to.

_____________________

 

                 The President resumed the Chair, and reported that the Committee had considered the Bill and had agreed to the same without amendment; whereupon the Council adopted such report.

                 The 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.

 

Co-operatives

Bill.

14.

Ordered - That the Orders of the Day (Government Business) No. 9 and No. 10 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

 

15.

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

                 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.

 

ASER

(Restructure)

Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 31 agreed to.

                          Title agreed to.

_____________________

 

                 The President resumed the Chair, and reported that the Committee had considered the Bill and had agreed to the same without amendment; whereupon the Council adopted such report.

                 The 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.

 

 

16.

On the Order of the Day being read for the adjourned debate on the question - That the Equal Opportunity (Sexual Harassment) 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. 2 agreed to.

                          Clause No. 3 amended and agreed to.

                          Clause No. 4 amended and agreed to.

                          Clauses No. 5 and 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.

                 The Attorney-General 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.

 

Equal

Opportunity

(Sexual

Harassment) Amendment Bill.

17.

Ordered - That Order of the Day (Government Business) No. 12 be postponed and taken into consideration after Order of the Day (Government Business) No. 19.

 

Postponement

of Business.

18.

Ordered - That Order of the Day (Government Business) No. 13 be an Order of the Day for next day of sitting.

 

Postponement

of Business.

19.

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

 

Postponement

of Business.

20.

Ordered - That the Orders of the Day (Government Business) No. 15 to No. 18 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

21.

On the Order of the Day being read for the adjourned debate on the question - That the Second-hand Vehicle Dealers (Compensation Fund) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. B.S.L. Pfitzner, the debate was adjourned until next day of sitting.

 

Second-hand

Vehicle Dealers (Compensation Fund)

Amendment Bill.

 

22.

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

                 Debate resumed.

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

 

National

Wine Centre

Bill.

23.

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

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

 

Suspension and

Resumption of

Sitting.

 

24.

Ordered - That the adjourned debate on the question - That the National Wine Centre Bill be now read a second time - be now resumed.

                 Debate resumed.

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

 

National

Wine Centre

Bill.

25.

Ordered - That the Order of the Day (Government Business) No. 14 be postponed and taken into consideration on motion.

 

Postponement

of Business.

26.

Ordered - That Order of the Day (Government Business) No. 20 be an Order of the Day for next day of sitting.

 

Postponement

of Business.

27.

On the Order of the Day being read for the adjourned debate on the question - That the Bank Merger (National/BNZ) 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. 17 agreed to.

                          Title agreed to.

_____________________

 

                 The President resumed the Chair, and reported that the Committee had considered the Bill and had agreed to the same without amendment; whereupon the Council adopted such report.

                 The Minister for Education and Children’s Services, 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.

 

Bank Merger

(National/BNZ)

Bill.

28.

On the Order of the Day being read for the adjourned debate on the question - That the Bank Mergers (South Australia) 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.

                          Title agreed to.

_____________________

 

Bank Mergers

(South Australia)

Bill.

 

                 The President resumed the Chair, and reported that the Committee had considered the Bill and had agreed to the same without amendment; whereupon the Council adopted such report.

                 The Minister for Education and Children’s Services, 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.

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

                 Debate resumed.

                 Question put and passed.

                 Bill read a second time.

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

 

In the Committee

 

                          Clauses No. 1 to No. 4 agreed to.

                          Title agreed to.

_____________________

 

                 The President resumed the Chair, and reported that the Committee had considered the Bill and had agreed to the same without amendment; whereupon the Council adopted such report.

                 The Minister for Education and Children’s Services, pursuant to contingent notice, moved - That the Standing Orders be so far suspended as to enable the Bill to pass through its remaining stages without delay.

                 Question put and passed.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

Stamp Duties

(Rate of Pay) Amendment

Bill.

30.

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

                 Debate resumed.

                 On motion of the Hon. J. C. Irwin, the debate was adjourned until next day of sitting.

 

Appropriation

Bill.

31.

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

Message No. 116

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Electricity Act 1996, to which it desires the concurrence of the Legislative Council.

House of Assembly, 3 July 1997.                                                                          G. M. GUNN Speaker.

                 Bill read a first time.

                 The Minister for Education and Children’s Services 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.

 

Messages from

House of Assembly:

Electricity (Vegetation Clearance) Amendment Bill.

 

 

Message No. 117

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Superannuation Act 1988, to which it desires the concurrence of the Legislative Council.

House of Assembly, 8 July 1997.                                                                          G. M. GUNN Speaker.

                 Bill read a first time.

                 The Minister for Education and Children’s Services 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.

 

Superannuation (Miscellaneous) Amendment Bill.

 

 

Message No. 118

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act amend the Enfield General Cemetery Act 1944, to which it desires the concurrence of the Legislative Council.

House of Assembly, 8 July 1997.                                                                          G. M. GUNN Speaker.

                 Bill read a first time.

                 The Minister for Education and Children’s Services 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.

 

Enfield General Cemetery (Administration

of West Terrace Cemetery) Amendment Bill.

 

 

Message No. 119

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Statutes Amendment (Community Titles) Act 1996, without any amendment.

House of Assembly, 8 July 1996.                                                                             G. M. GUNN, Speaker.

 

Statutes

Amendment (Community

Titles)

Amendment Bill.

 

 

Message No. 120

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Electoral Act 1985, without any amendment.

House of Assembly, 8 July 1996                                                                              G. M. GUNN, Speaker.

 

Electoral

(Computer

Vote Counting)

Amendment Bill.

32.

Council adjourned at seven minutes to eleven o’clock until tomorrow at fifteen minutes past two o’clock.

 

Adjournment.

 

_________________________

 

 

 

 

 

Members present during any part of the sitting:

 

 

 

The Hon. T. G. Cameron

The Hon. T. Crothers

The Hon. L. H. Davis

The Hon. M. J. Elliott

The Hon. K. T. Griffin

The Hon. P. Holloway

The Hon. J. C. Irwin

 

The Hon. S. M. Kanck

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. J.A.W. Levy

The Hon. R. I. Lucas

The Hon. P. Nocella

The Hon. B.S.L. Pfitzner

The Hon. C. A. Pickles

The Hon. A. J. Redford

The Hon. R. R. Roberts

The Hon. T. G. Roberts

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. G. Weatherill