SOUTH AUSTRALIA]

No. 10

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  8  NOVEMBER  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 Hon. A. J. Redford brought up the Fourth Report, 2000-2001 of the Legislative Review Committee.

 

Legislative
Review
Committee -
Fourth Report,
2000-2001.

 

   3.

The Minister for Transport and Urban Planning (The Hon. D. V. Laidlaw), while making a Ministerial Statement, tabled a copy of the Final Report of the National Competition Policy Review of the Passenger Transport Act 1994 prepared by Bronwyn Halliday and Associates with Economic Research Consultants, dated November 1999.

 

Paper Tabled.

   4.

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

 

Statements
on Matters
of Interest.

 

   5.

The Hon. P. Holloway, pursuant to notice, moved - That two weeks’ leave of absence be granted to the Hon. C. A. Pickles on account of illness.

                 Question put and passed.

 

Leave of Absence -
The Hon.
C. A. Pickles.

   6.

The Hon. J.S.L. Dawkins, pursuant to notice, moved - That the Report of the Environment, Resources and Development Committee, 1999-2000, be noted.

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

 

Environment, Resources and Development Committee -
Report, 1999-2000,
be noted -
Motion re.

   7.

Ordered - That Order of the Day (Private Business) No. 1 be an Order of the Day for Wednesday next.

 

Postponement
of Business.

   8.

The Hon. T. G. Cameron, according to order, moved - That he have leave to introduce a Bill for an Act to amend the Members of Parliament (Register of Interests) Act 1983.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. T. G. Cameron then moved - That this Bill be now read a second time.

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

 

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

   9.

On the Order of the Day being read for the adjourned debate on the motion of the Treasurer - That the Interim Report of the Select Committee on Internet and Interactive Home Gambling and Gambling by other means of Telecommunication in South Australia, be noted:

                 Debate resumed.

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

 

Select Committee
on Internet and
Interactive Home
Gambling and
Gambling by
other means of
Telecommunication
in South Australia -
Report be noted -
Motion re.

10.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. L. H. Davis - That the Report of the Statutory Authorities Review Committee, 1999-2000, be noted:

                 Question put and passed.

 

Statutory
Authorities
Review
Committee -
Report 1999-2000,
be noted -
Motion re.

11.

Ordered - separately - That Orders of the Day (Private Business) No. 5 to No. 7 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

12.

Ordered - separately - That Orders of the Day (Private Business) No. 8 and No. 9 be postponed and taken into consideration on motion.

 

Postponement
of Business.

13.

On the Order of the Day being read for the adjourned debate on the motion of the Hon.
C. V. Schaefer - That the Report of the Social Development Committee on Rural Health Inquiry, be noted:

                 Debate resumed.

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

 

Social
Development Committee -
Report on
Rural Health
Inquiry
be noted -
Motion re.

 

14.

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.

15.

Ordered - That the adjourned debate on the motion of the Hon. C. V. Schaefer - That the Report of the Social Development Committee on Rural Health Inquiry, be noted - be now resumed.

                 Debate resumed.

                 Question put and passed.

 

Social
Development Committee -
Report on
Rural Health
Inquiry
be noted -
Motion re.

 

16.

Ordered - That Orders of the Day (Private Business) No. 11 to No. 13 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

17.

Ordered - That Order of the Day (Government Business) No. 14 be discharged.

 

Business
Discharged.

18.

Ordered - That the adjourned debate on the motion of the Hon. M. J. Elliott - That the Regulations under the Controlled Substances Act 1984 concerning Expiation of Offences, made on 24 August 2000 and laid on the Table of this Council on 4 October 2000 be disallowed - be now resumed.

                 Debate resumed.

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

 

Controlled
Substances
Act 1984 -
Regulations -
Expiation of
Offences -
Motion for
disallowance of.

 

19.

Ordered - That the adjourned debate on the motion of the Hon. M. J. Elliott -

         I.      That a Select Committee of the Legislative Council be established to consider and report on the Partnerships 21 scheme and, in particular, to identify -

                        (a)     any strengths or weaknesses of the current scheme;

                        (b)    differences in the level of funding between Partnerships 21 and non-Partnerships 21 schools;

                        (c)     the process by which schools opt into the Partnerships 21 scheme;

                        (d)    any other related matter.

        II.      That Standing Order No. 389 be suspended as to enable the Chairperson of the Committee to have a deliberative vote only.

       III.      That this Council permits the Select Committee to authorise the disclosure or publication, as it thinks fit, of any evidence or documents presented to the Committee prior to such evidence being reported to the Council.

 

Partnerships 21-
Motion for
Select
Committee.

 

 

       IV.      That Standing Order No. 396 be suspended to enable strangers to be admitted when the Select Committee is examining witnesses unless the Committee otherwise resolves, but they shall be excluded when the Committee is deliberating - be now resumed.

                 Debate resumed.

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

 

 

20.

Ordered - That Order of the Day (Private Business) No. 15 be an Order of the Day for Wednesday,
next.

 

Postponement
of Business.

21.

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

                 Debate resumed.

                 On motion of the Hon. I. Gilfillan, the debate was adjourned until Wednesday next.

 

Statutes
Amendment
(Dust-Related
Conditions) Bill.

22.

On the Order of the Day being read for the adjourned debate on the question - That the Occupational Health, Safety and Welfare (Penalties and Payments) Amendment Bill be now read a second time:

                 Debate resumed.

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

 

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

23.

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

                 Debate resumed.

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

 

Constitution
(Parliamentary
Sittings)
Amendment Bill

24.

Ordered - separately - That Orders of the Day (Private Business) No. 19 to No. 21 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

25.

Ordered - That Order of the Day (Private Business) No. 22 be an Order of the Day for next day of sitting.

 

Postponement

of Business.

26.

The Attorney-General, at the request and on behalf of the Minister for Disability Services, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Construction Industry Long Service Leave Act 1987.

                 Question put and passed.

 

Construction
Industry Long
Service Leave
(Miscellaneous)
Amendment Bill -Leave to
Introduce.

27.

Ordered - That Notice of Motion (Private Business) No. 2 be postponed and taken into consideration after Notice of Motion (Private Business) No. 4.

 

Postponement
of Business.

28.

The Attorney-General, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Community Titles Act 1996.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Attorney-General 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.

 

Community
Titles
(Miscellaneous)
Amendment Bill.

29.

The Attorney-General, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Classification (Publication, Films and Computer Games) Act 1995.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Attorney-General 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.

 

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

30.

The Minister for Disability Services, pursuant to leave granted this day, introduced a Bill for an Act to amend the Construction Industry Long Services Leave Act 1987.

                 Bill read a first time.

                 The Minister for Disability Services then moved - That this Bill be now read a second time.

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

 

Construction Industry Long Service Leave (Miscellaneous) Amendment Bill.

31.

The Minister for Disability Services, pursuant to notice, moved - That this Council congratulates all South Australian and Australian athletes, officials and volunteers who participated in and helped organise the outstandingly successful Sydney Paralympic Games.

                 And the Minister for Disability Services having obtained leave to conclude his remarks, the debate was adjourned and ordered to be resumed on motion.

 

Sydney
Paralympic
Games Success - Motion re.

32.

On the Order of the Day being read for the adjourned debate on the question - That the Address-in-Reply, as read, be adopted:

                 Debate resumed.

                 On motion of the Hon. T. G. Cameron, the debate was adjourned and ordered to be resumed on motion.

 

Address-in-Reply.

33.

The Treasurer, according to order, moved - That the Construction Industry Training Fund (Miscellaneous) 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.

 

Construction
Industry
Training Fund
(Miscellaneous)
Amendment Bill.

 

34.

Ordered - That Orders of the Day (Government Business) No. 3 to No. 7 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

35.

Ordered - That Orders of the Day (Government Business) No. 8 and No. 9 be postponed and taken into consideration on motion.

 

Postponement
of Business.

36.

Ordered - That Order of the Day (Government Business) No. 10 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

37.

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

                 Debate resumed.

                 On motion of the Treasurer, the debate was adjourned until next day of sitting.

 

Prostitution
(Regulation) Bill.

38.

Ordered - That Order of the Day (Government Business) No. 12 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

39.

On the Order of the Day being read for the adjourned debate on the question - That the Retail and Commercial Leases (GST) Amendment 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.

 

Retail and
Commercial
Leases (GST)
Amendment Bill.

  40.

The Council, according to order, resolved itself into a Committee of the whole for the further consideration of the Statutes Amendment (Transport Portfolio) Bill.

 

In the Committee

 

                          Clause No. 8 further considered.

                 The Hon. N. Xenophon moved on page 4, line 11, to leave out “The following section is inserted after section 139F of the principal Act” and insert the following:

                             “Section 139F of the principal Act is repealed and the following sections are substituted:

                                          Offence to hinder, etc. inspector

                                                      139F. A person who—

                                                      (a)    addresses offensive language to an inspector exercising powers under this Act; or

                                                      (b)    without reasonable excuse, hinders or obstructs an inspector exercising powers under this Act,

                                          is guilty of an offence.

                                          Maximum penalty:  $1 250.”

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

                          Clause No. 8 agreed to.

                          Title agreed to.

_____________________

 

Statutes
Amendment
(Transport
Portfolio) 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 Transport and Urban Planning, pursuant to contingent notice, moved - That the Standing Orders be so far suspended as to enable the Bill to pass through its remaining stages without delay.

                 Question put and passed.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

 

41.

Ordered - That Orders of the Day (Government Business) No. 14 to No. 16 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

42.

On the Order of the Day being read for the adjourned debate on the question - That the Occupational Health, Safety and Welfare (Penalties) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. J. F. Stefani, the debate was adjourned until next day of sitting.

 

Occupational

Health, Safety
and Welfare
(Penalties)
Amendment Bill.

43.

Ordered - That Order of the Day (Government Business) No. 18 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

44.

Ordered - That the adjourned debate on the motion of the Minister for Disability Services - That this Council congratulates all South Australian and Australian athletes, officials and volunteers who participated in and helped organise the outstandingly successful Sydney Paralympic Games - be now resumed.

                 Debate resumed.

                 On motion of the Hon. J. F. Stefani, the debate was adjourned until next day of sitting.

 

Sydney
Paralympic
Games Success - Motion re.

45.

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

 

Postponement
of Business.

46.

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

Message No. 6

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to provide for access to South Australian ports and maritime services on fair commercial terms; to provide for price regulation of essential maritime services; to amend the South Australian Ports (Bulk Handling Facilities) Act 1996; and for other purposes, to which it desires the concurrence of the Legislative Council.

House of Assembly, 8 November 2000.                                                             J.K.G. OSWALD, Speaker.         Bill read a first time.

                 Ordered - That the second reading be taken into consideration on next day of sitting.

 

Messages from
House of
Assembly:
Maritime
Services
(Access) Bill.

 

Message No. 7

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Harbors and Navigation Act 1993, to which it desires the concurrence of the Legislative Council.

House of Assembly, 8 November 2000.                                                             J.K.G. OSWALD, Speaker.         Bill read a first time.

                 Ordered - That the second reading be taken into consideration on next day of sitting.

 

Harbors and
Navigation
(Control of
Harbors) Amendment Bill.

 

Message No. 8

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Barley Marketing Act 1993, to which it desires the concurrence of the Legislative Council.

House of Assembly, 8 November 2000.                                                             J.K.G. OSWALD, Speaker.         Bill read a first time.

                 Ordered - That the second reading be taken into consideration on next day of sitting.

 

Barley Marketing
(Miscellaneous)
Amendment Bill.

 

Message No. 9

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

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

 

Associations
Incorporation
(Oppressive or
Unreasonable Acts)
Amendment Bill.

 

Message No. 10

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to provide for the disposal of assets of the South Australian Ports Corporation; to provide for the repeal of the South Australian Ports Corporation Act 1994; and for other purposes, to which it desires the concurrence of the Legislative Council.

House of Assembly, 8 November 2000.                                                             J.K.G. OSWALD, Speaker.         Bill read a first time.

                 Ordered - That the second reading be taken into consideration on next day of sitting.

 

South Australian
Ports (Disposal of
Maritime Assets) Bill.

 

Message No. 11

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Racing (Controlling Authorities) Amendment Act 2000, to which it desires the concurrence of the Legislative Council.

House of Assembly, 8 November 2000.                                                             J.K.G. OSWALD, Speaker.         Bill read a first time.

                 Ordered - That the second reading be taken into consideration on next day of sitting.

 

Racing
(Transitional
Provisions)
Amendment Bill.

47.

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

 

Next Day
of Sitting.

48.

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

 

Adjournment.

 

_________________________

 

 

 

 

 

Members present during any part of the sitting:

 

 

 

The Hon. T. G. Cameron

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. M. J. Elliott

The Hon. I. Gilfillan

The Hon. K. T. Griffin

 

The Hon. P. Holloway

The Hon. S. M. Kanck

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. 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. N. Xenophon

The Hon. C. Zollo