[SOUTH AUSTRALIA]

No. 43

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

THURSDAY  8  JULY  1999

 

 

 

   1.

Council met pursuant to adjournment.  The President (The Hon. J. C. Irwin) took the Chair.

                 The President read prayers.

 

Meeting of

Council.

 

   2.

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

Message No. 7.

                 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. 30 of 1999 - An Act to amend the Explosives Act 1936.

                 No. 31 of 1999 - An Act to amend the Barley Marketing Act 1993.

                 No. 32 of 1999 - An Act to provide for transfers of business between authorised deposit-taking institutions and between life insurance companies; and for other purposes.

                 No. 33 of 1999 - An Act to facilitate the transfer to the Commonwealth of responsibility for regulating building societies, credit unions and friendly societies as companies under the Corporations Law; to repeal the Financial Institutions (Application of Laws) Act 1992 and the Friendly Societies (South Australia) Act 1997; to amend the South Australian Office of Financial Supervision Act 1992 and provide for the winding up of SAOFS and the expiry of the Act; to amend the Acts Interpretation Act 1915 and certain other Acts; to provide for transitional matters; and for other purposes.

                 No. 34 of 1999 - An Act to amend the Road Traffic Act 1961 and to repeal the Commercial Motor Vehicles (Hours of Driving) Act 1973.

                 No. 35 of 1999 - An Act to amend the Mutual Recognition (South Australia) Act 1993.

Government House, Adelaide, 8 July 1999.                                           E. J. NEAL, Governor.

 

Message from

Governor:

Assent to Bills.

   3.

The Attorney-General (The Hon. K. T. Griffin), by leave, without notice, moved - That the sitting of the Council be not suspended during the continuation of the Conference on the Listening Devices (Miscellaneous) Amendment Bill.

                 Question put and passed.

 

Listening Devices (Miscellaneous) Amendment Bill.

 

   4.

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

                 By the Hon. S. M. Kanck, from 1,565 residents of South Australia, by the Hon.
T. G. Roberts, from 168 residents of South Australia and by the Hon. M. J. Elliott, from
13 residents of South Australia, concerning Native Title Rights for Indigenous South Australians and praying that the Council does not proceed with legislation that -

1.       Undermines or impairs the Native Title rights of indigenous South Australians; and

2.       Makes changes to Native Title unless there has been a genuine consultation process with all stakeholders, especially South Australia’s indigenous communities.

 

Petitions:

No. 14, No. 15

and No. 16 -

Native Title Rights for Indigenous

South Australians.

   5.

The Treasurer (The Hon. R. I. Lucas) tabled a copy of a Ministerial Statement made by the Premier (The Hon. J. W. Olsen, M.P.) concerning Health Reform.

 

Paper Tabled.

   6.

The Treasurer, without notice,  moved - That the Standing Orders be so far suspended as to enable him to complete his reply to a question asked by the Hon. P. Holloway.

                 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.

The Treasurer, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to apply certain laws of the Commonwealth relating to the New Tax System Price Exploitation Code as laws of South Australia; to make a consequential amendment to the Competition Policy Reform (South Australia) Act 1996; and for other purposes.

                 Question put and passed.

                 Bill introduced and read a first time.

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

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

 

New Tax System Price Exploitation Code (South Australia) Bill.

   8.

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

                 Question put and passed.

                 Bill introduced and read a first time.

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

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

 

Casino (Licence) Amendment Bill.

   9.

The Attorney-General, according to order, moved - That the Occupational Health, Safety and Welfare (Penalties) Amendment Bill be now read a second time.

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

 

Occupational

Health, Safety and Welfare (Penalties) Amendment Bill.

 

10.

Ordered - That Orders of the Day (Government Business) No. 2 to No. 6 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

11.

Ordered - That Orders of the Day (Government Business) No. 7 to No. 13 be postponed and taken into consideration after Order of the Day (Government Business) No. 14.

 

Postponement

of Business.

 

12.

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

                 Debate resumed.

                 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. 3 agreed to.

                          Schedule agreed to.

                          Preamble 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.

 

Australia Acts (Request) Bill.

13.

Ordered - That Order of the Day (Government Business) No. 7 be an Order of the Day for next day of sitting.

 

Postponement

of Business.

 

14.

Ordered - That Orders of the Day (Government Business) No. 8 to No. 13 be postponed and taken into consideration after Order of the Day (Government Business) No. 15.

 

Postponement

of Business.

 

15.

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

                 Debate resumed.

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

 

ASER (Restructure) (Miscellaneous) Amendment Bill.

16.

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

                 Debate resumed.

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

 

Controlled Substances (Forfeiture

and Disposal) Amendment Bill.

 

17.

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

                 Debate resumed.

                 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 read.

                          To report progress and ask leave to sit again.

_____________________

 

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

 

Local

Government

Bill.

18.

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

                 Debate resumed.

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

 

Local

Government

(Elections)

Bill.

19.

The Treasurer (The Hon. R. I. Lucas), by leave, tabled a copy of a Ministerial Statement made by the Minister for Education, Children’s Services and Training (The Hon. M. R. Buckby, M.P.) concerning Partnerships 21.

 

Paper Tabled.

20.

Ordered - That Order of the Day (Government Business) No. 11 be an Order 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 Statutes Amendment (Trusts) Bill be now read a second time:

                 Debate resumed.

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

 

Statutes

Amendment

(Trusts) Bill.

22.

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

 

Postponement

of Business.

 

23.

Ordered - That Order of the Day (Private Business) No. 1 be an Order of the Day for Wednesday, 28 July 1999.

 

Postponement

of Business.

 

24.

Ordered - That the Council, at its rising, do adjourn until Tuesday, 27 July 1999, at fifteen minutes past two o’clock.

 

Next day

of Sitting.

25.

Council adjourned at twenty-nine minutes past six o’clock until Tuesday, 27 July 1999, 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. T. G. Roberts

 

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. G. Weatherill

The Hon. N. Xenophon

The Hon. C. Zollo