[SOUTH AUSTRALIA]

No. 14

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY  8  DECEMBER  1998

 

 

 

   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. 2.

                 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. 70 of 1998 - An Act to amend the Australian Formula One Grand Prix Act 1984.

                 No. 71 of 1998 - An Act to amend the Stamp Duties Act 1923.

                 No. 72 of 1998 - An Act to amend the Non-Metropolitan Railways (Transfer) Act 1997.

Government House, Adelaide, 8 December 1998.                                                 E. J. NEAL, Governor.

 

Message from

Governor:

Assent to Bills.

   3.

Answers to Questions on Notice Nos. 220 and 262 to 265 of the previous Session and Questions on Notice of this Session Nos. 3, 8, 13, 15, 28, 38, 51, 54, 73, 74 and 76 received this day were tabled by the President who directed that they be distributed and printed in Hansard.

 

Answers to

Questions on

Notice.

 

   4.

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

        By the President (The Hon. J. C. Irwin) -

                 Employee Ombudsman’s Report, 1997-98.

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

                 The Flinders University of South Australia - Report, 1997.

                 Regulations under the following Acts -

                          Children’s Services Act 1985 - Child Care Centre.

                          Senior Secondary Assessment Board of South Australia Act 1983 (No. 202 of 1998).

                 The Flinders University of South Australia - Statute Amendments allowed by the Governor in 1997.

                 Office of the Commissioner for Public Employment - SA Public Sector Workforce Information - June 1998 - Erratum.

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

                 State Supply Board - Report, 1997-98.

                 Regulations under the following Acts -

                          Legal Practitioners Act 19891 - Fees.

                          Public Trustee Act 1995 - Commission and Fees.

                          Valuation of Land Act 1971 - Various.

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

                 Regulation under the following Act -

                          Liquor Licensing Act 1997 - Dry Areas - Long Term - Mount Gambier.

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

                 Regulations under the following Acts -

                          City of Adelaide Act 1998 - Members Allowances and Benefits.

                          Controlled Substances Act 1984 - Fertility Drugs.

                          Local Government Act 1934 - Expenses not Registered.

                          Local Government Finance Authority Act 1983 - Prescribed Bodies.

                          Road Traffic Act 1961 - Declaration of Hospitals.

                 Development Act 1993 - Report on the Interim Operation of the City of Mount Gambier Heritage Plan Amendment Report.

 

Papers.

   5.

The Hon. J.S.L. Dawkins tabled the Report of the Environment, Resources and Development Committee on South Australian Rural Road Safety Strategy.

 

Paper Tabled.

   6.

The Hon. J.S.L. Dawkins tabled Main North Road RN 3160 Leasingham to Tarlee Road Safety Audit, July 1996, conducted by Connell Wagner Pty. Ltd. and the Royal Automobile Association of South Australia.

 

Paper Tabled.

   7.

The Hon. P. Holloway, by leave, tabled a copy of a letter from Mr. T. R. Anderson, Q.C., to Messrs. Lieschke and Weatherill, Solicitors, dated 4 December 1998, together with a letter from the Leader of the Opposition (The Hon. M. D. Rann, M.P.) to Mr. Stephen Lieschke, dated 1 December 1998.

 

Paper Tabled.

   8.

Ordered - That Orders of the Day (Government Business) No. 1 and No. 2 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

 

   9.

Ordered - That Orders of the Day (Government Business) No. 3 to No. 9 be postponed and taken into consideration after Order of the Day (Government Business) No. 10.

 

Postponement

of Business.

 

10.

On the Order of the Day being read for the adjourned debate on the question - That the Adelaide Festival Corporation 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. 27 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 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.

 

Adelaide

Festival

Corporation

Bill.

11.

Ordered - That Orders of the Day (Government Business) No. 3 to No. 8 be postponed and taken into consideration on motion.

 

Postponement

of Business.

 

12.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (Sentencing - Miscellaneous) 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.

 

Statutes

Amendment (Sentencing - Miscellaneous)

Bill.

 

13.

Ordered - That Order of the Day (Government Business) No. 11 be an Order of the Day for next day of sitting.

 

Postponement

of Business.

 

14.

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

                 Debate resumed.

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

 

Statutes

Amendment (Restraining

Orders) Bill.

 

15.

Ordered - That Orders of the Day (Government Business) No. 13 and No. 14 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

 

16.

On the Order of the Day being read for the adjourned debate on the motion of the Minister for Transport and Urban Planning - That all Members of the Legislative Council applaud both the State Opera Company of South Australia on the sensational staging of Wagner’s “The Ring” and the Adelaide Symphony Orchestra, conducted by Maestro Jeffrey Tate, for its world class performance of the Opera, regarded as one of the most influential works in the history of western culture:

                 Debate resumed.

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

 

Sensational

 Staging of

Wagner’s

“The Ring” -

Motion re.

 

17.

Ordered - That Order of the Day (Government Business) No. 16 be postponed and taken into consideration on motion.

 

Postponement

of Business.

 

18.

On the Order of the Day being read for the adjourned debate on the question - That the Guardianship and Administration (Extension of Sunset Clause and Validation of Orders) 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. 3 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 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.

 

Guardianship and Administration (Extension of

Sunset Clause

and Validation

of Orders) Amendment Bill.

19.

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

                 Debate resumed.

                 Question put:

            Council divided:

Shop Trading

Hours (Miscellaneous) Amendment Bill.

 

 

Ayes, 15.

The Hon. T. Crothers

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. P. Holloway

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. G. Weatherill

The Hon. C. Zollo

The Hon. K. T. Griffin (Teller)

Noes, 4.

The Hon. T. G. Cameron

The Hon. M. J. Elliott

The Hon. N. Xenophon

The Hon. I. Gilfillan (Teller)

 

 

 

        So it was resolved in the affirmative.

        Bill read a second time.

 

 

                 The Hon. T. G. Roberts moved - That the Standing Orders be so far suspended as to enable him to move an Instruction without Notice.

                 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.

 

 

                 The Hon. T. G. Roberts then moved - That it be an Instruction to the Committee of the Whole that it have power to consider an amendment to the Retail and Commercial Leases Act 1995.

                 Question put and passed.

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

 

Instruction.

 

In the Committee

 

                          Clauses No. 1 to No. 4 agreed to.

                          Clause No. 5 read.

                 Question - That clause No. 5 stand as printed - put:

           Committee divided:

 

 

Ayes, 14

The Hon. T. Crothers

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. P. Holloway

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

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. G. Weatherill

The Hon. C. Zollo

The Hon. K. T. Griffin (Teller)

Noes, 4.

The Hon. T. G. Cameron

The Hon. M. J. Elliott

The Hon. N. Xenophon

The Hon. I. Gilfillan (Teller)

 

 

 

        So it was resolved in the affirmative.

                          Clause No. 5 agreed to.

                          Clauses No. 6 to No. 9 agreed to.

                 The Hon. T. G. Roberts moved on page 4, after line 7, to insert new clause as follows:

Amendment of Retail and Commercial Leases Act 1995

         10.  The Retail and Commercial Leases Act 1995 is amended by inserting the following subsection after subsection (2) of section 61:

             (2a)  The lessor or the lessee under a retail shop lease (or an officer of an association referred to in section 60 acting at the request of a lessee) may call a meeting of the persons who are entitled to vote in a ballot to vote on a resolution approving different core trading hours for the purposes of subsection (1)(c).”

                          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.

 

 

20.

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

 

Postponement

of Business.

21.

Council adjourned at sixteen minutes past six 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. 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. G. Weatherill

The Hon. N. Xenophon

The Hon. C. Zollo