[SOUTH AUSTRALIA]

No. 39

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  9  JUNE  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.

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.

 

   3.

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.

   4.

Ordered - That Orders of the Day (Government Business) No. 1 and No. 2 be postponed and taken into consideration after Order of the Day (Government Business) No. 3.

 

Postponement

of Business.

 

    5.

 

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Electricity Corporations (Restructuring and Disposal) Bill.

 

In the Committee

 

                 The Hon. P. Holloway moved after clause No. 11A, to insert new clause as follows:

                          Probity auditor to report to Economic and Finance Committee

                                    11AA. (1) The Economic and Finance Committee of the Parliament may require a person appointed by the Treasurer (or otherwise on behalf of the Crown) as the probity auditor in relation to the making of a sale/lease agreement to appear before it from time to time and

                                    (a)    answer questions relating to the measures planned and taken to ensure the probity of the processes leading up to the making of the sale/lease agreement; and

                                    (b)    make a final report on the probity of those processes before the sale/lease agreement is made.

                                    (2)  A sale/lease agreement may not be made until the Committee reports to the Minister that its requirements under subsection (1) have been satisfied in relation to the agreement.

                                   (3) This section does not limit the powers that the Committee has as a committee of the Parliament.”

Electricity Corporations (Restructuring

and Disposal)

Bill.

 

 

                 Question - That new clause No. 11AA, as proposed to be inserted by the Hon.
P. Holloway, be so inserted - 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. G. Weatherill

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

Noes, 10.

The Hon. T. G. Cameron

The Hon. T. Crothers

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)

 

 

        So it passed in the negative.

                 The Hon. P. Holloway moved after clause No. 11A, to insert new clause as follows:

 

 

                               Powers of Economic and Finance Committee

                                    11AB. (1) The Economic and Finance Committee of the Parliament may require officers or executives of a company that operates any asset, or carries on operations on any land, that has been disposed of by a sale/lease agreement (whether by disposal of the asset or land or disposal of shares in a company that was an electricity corporation or State-owned company) to appear before it and answer questions relating to the company and its operations in the National Electricity Market (ie the market regulated by the National Electricity Law).

                                    (2) The Committee is not to exercise powers under subsection (1) more frequently than once in each year in relation to the same company unless the Committee considers that special circumstances have arisen justifying further exercise of the powers in relation to that company in a particular year.

                                    (3)  Except as provided in subsection (2), this section does not limit the powers that the Committee has as a committee of the Parliament.”

 

 

                 Question - That new clause No. 11AB, as proposed to be inserted by the Hon.
P. Holloway, be so inserted - put.

            Committee divided:

 

 

Ayes, 8.

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. G. Weatherill

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

Noes, 11.

The Hon. T. G. Cameron

The Hon. T. Crothers

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)

 

 

        So it passed in the negative.

                 The Hon. P. Holloway moved after clause No. 11A, to insert new clause as follows:

                          Expenditure on public advertising campaigns relating to prescribed long term leases

                                    11AC. (1) A public authority must not spend public money on an advertising campaign to promote this Act, its underlying policy or the alleged benefits to the State of a prescribed long term lease under this Act unless—

(a)    the appropriate Minister has first referred the proposed expenditure to the Economic and Finance Committee of the Parliament; and

(b)    the Committee has reported to both Houses of Parliament on the proposed expenditure; and

(c)    the expenditure has been authorised by a resolution of both Houses of Parliament.

                          (2)  In this section ó -

 

 

                                    "advertising campaign" means an advertisement or series of advertisements published or to be published by newspaper, radio or television;

                                    "appropriate Minister" means the Minister who is, or is responsible for, a public authority proposing to spend public money on an advertising campaign;

                                    "prescribed company" has the same meaning as in section 11A;

                                    "prescribed electricity assets" has the same meaning as in section 11A;

                                    "prescribed lease" has the same meaning as in section 11A;

                                    "prescribed long term lease" has the same meaning as in section 11A;

                                    "public authority" meansó

                                             (a)    a Minister of the Crown; or

                                             (b)    a State instrumentality; or

                                             (c)    a publicly funded body;

                                   "right" has the same meaning as in section 11A.’

 

 

                 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.

 

 

   6.

At five minute past 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.

 

    7.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Electricity Corporations (Restructuring and Disposal) Bill.

 

In the Committee

 

                 New clause No. 11AC, which the Hon. P. Holloway had moved to insert after clause
No. 11A as follows:

Electricity Corporations (Restructuring

and Disposal)

Bill.

 

 

                 Expenditure on public advertising campaigns relating to prescribed long term leases

                          11AC. (1) A public authority must not spend public money on an advertising campaign to promote this Act, its underlying policy or the alleged benefits to the State of a prescribed long term lease under this Act unless—

(a)    the appropriate Minister has first referred the proposed expenditure to the Economic and Finance Committee of the Parliament; and

(b)    the Committee has reported to both Houses of Parliament on the proposed expenditure; and

(c)    the expenditure has been authorised by a resolution of both Houses of Parliament.

                          (2)  In this sectionó

                          "advertising campaign" means an advertisement or series of advertisements published or to be published by newspaper, radio or television;

                          "appropriate Minister" means the Minister who is, or is responsible for, a public authority proposing to spend public money on an advertising campaign;

                          "prescribed company" has the same meaning as in section 11A;

                          "prescribed electricity assets" has the same meaning as in section 11A;

                          "prescribed lease" has the same meaning as in section 11A;

                          "prescribed long term lease" has the same meaning as in section 11A;

                          "public authority" meansó

                                    (a)    a Minister of the Crown; or

                                    (b)    a State instrumentality; or

                                    (c)    a publicly funded body;

                          "right" has the same meaning as in section 11A.’

                 Question - That new clause No. 11AC, as proposed to be inserted by the Hon.
P. Holloway, be so inserted - put.

           Committee divided:

 

 

Ayes, 9.

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. G. Weatherill

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

Noes, 10.

The Hon. T. G. Cameron

The Hon. T. Crothers

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)

 

 

        So it passed in the negative.

                          New clause No. 11B inserted.

                          New clause No. 11C inserted.

                 The Treasurer moved after clause No. 11C, to insert new clause as follows:

 

 

                          Special orders

                                    11D. (1) The Minister may, by order in writing (a special order), transfer assets or liabilities (or both) of the purchaser under a sale/lease agreement to another body or bodies.

                                    (2) A special order may only be made at the request of the purchaser made within 12 months of the date of the sale/lease agreement and with the consent of the other body or bodies.

                                    (3)  Only one special order may be made at the request of the same purchaser.

                                    (4)  In exercising powers under this section in relation to assets or liabilities of the purchaser, the Minister is to be taken to be acting as the agent of the purchaser.

                                    (5) A special order takes effect on the date of the order or on a later date specified in the order.

                                    (6) A special order effects the transfer and vesting of an asset or liability in accordance with its terms by force of this Act and despite the provisions of any other law or instrument.

                                    (7) A special order may provide that instruments identified in the order, or to be identified as provided in the order, are to be transferred instruments.

                                   (8) If an instrument is identified in, or under, a special order as a transferred instrument, the instrument operates, as from a date specified in the order, subject to any modifications specified in the order.”

 

 

                 The Hon. S. M. Kanck moved to amend new clause No. 11D, as proposed to be inserted by the Treasurer, by inserting after proposed subclause (8), new subclause as follows:

                 “(9)  A special order cannot take effect until—

(a)    a copy of the order has been laid before each House of Parliament; and

(b)   the order has been approved by resolution of each House of Parliament.”

                 Question - That the amendment moved by the Hon. S. M. Kanck to new clause No. 11D, as proposed to be inserted by the Treasurer, be agreed to - put and negatived.

                 Question - That new clause No. 11D, as proposed to be inserted by the Treasurer, be so
inserted - put and passed.

                          New clause No. 11D inserted.

                          New clause No. 11E inserted.

                 The Hon. S. M. Kanck moved after clause No. 11E to insert new clause as follows:

 

 

                           Terms of lease relating to powerlines or public lighting infrastructure

                                    11F. (1) A prescribed lease in respect of powerlines or public lighting infrastructure must contain terms that reserve to the lessor, the Crown or a Minister the right to authorise access to and the use of—

                                    (a)    the powerlines or public lighting infrastructure; and

                                    (b)    other powerlines or public lighting infrastructure specified in the lease,

                          for telecommunications purposes or any purposes other than the transmission or distribution of electricity or the provision of public lighting.

                                    (2)  In this section—

                                    "powerline" has the same meaning as in the Electricity Act 1996;

                                    "prescribed lease" has the same meaning as in section 11A;

                                 "telecommunications" means the transmission of telephonic, radio, computer, television or other signals.’

 

 

                 Question - That new clause No. 11F, as proposed to be inserted by the Hon. S. M. Kanck, be so inserted - put.

            Committee divided:

 

 

Ayes, 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. G. Weatherill

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. S. M. Kanck (Teller)

 

Noes, 10.

The Hon. T. G. Cameron

The Hon. T. Crothers

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)

 

 

        So it passed in the negative.

                          Clause No. 12 amended and agreed to.

                          Clause No. 13 amended and agreed to.

                          Clause No. 14 amended and agreed to.

                          Clause No. 15 read.

                 The Hon. T. Crothers moved on page 10, lines 24 and 25, to leave out paragraph (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 motion.

 

 

   8.

At three minutes 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.

 

    9.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Electricity Corporations (Restructuring and Disposal) Bill.

 

In the Committee

 

                          Clause No. 15, which the Hon. T. Crothers had moved to amend on page 10, lines 24 and 25, by leaving out paragraph (c) - further considered.

                 Question - That the amendment be agreed to - put.

            Committee divided:

Electricity Corporations (Restructuring

and Disposal)

Bill.

 

 

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. R. I. Lucas

The Hon. A. J. Redford

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. T. Crothers (Teller)

Noes, 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. G. Weatherill

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

 

        So it was resolved in the affirmative.

                 The Hon. S. M. Kanck moved on page 10, after line 25, to insert new paragraphs as follow:

 

 

                     “(ca)     in payment to an account at the Treasury to be used for the purpose of making contributions towards the costs of carrying out programs under the Electricity Act 1996 for the undergrounding of powerlines;

                       (cb)     in payment to an account at the Treasury to be used for the purpose of the operations of the South Australian Sustainable Energy Authority under the Sustainable Energy Act 1998;

                       (cd)     in payment to an account at the Treasury to be used for the purpose of planning and implementing energy efficiency measures in housing provided or managed by the South Australian Housing Trust;”

 

 

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

                 Question - That clause No. 15, as amended and otherwise amended, stand - put.

            Committee divided:

 

 

Ayes, 10

The Hon. T. G. Cameron

The Hon. T. Crothers

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, 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. G. Weatherill

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

 

        So it was resolved in the affirmative.

                          Clause No. 15, as amended and otherwise amended, agreed to.

                          New clause No. 15AA inserted.

                 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.

 

 

10.

At fifteen minutes to ten o’clock the sitting was suspended until the ringing of the bells.

                 At ten minutes past ten o’clock the sitting was resumed.

 

Suspension and

Resumption of

Sitting.

 

  11.

 

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Electricity Corporations (Restructuring and Disposal) Bill.

 

In the Committee

 

                 The Treasurer moved, after clause No. 15AA, to insert new clause as follows:

PART 3A

STAFF

                          Transfer of staff

                                    15A. (1) Action must be taken to ensure that all employees engaged in a business to which a sale/lease agreement relates are taken over as employees of the purchaser, a nominee of the purchaser or the company acquired by the purchaser under the sale/lease agreement.

                                    (2)  For the purposes of this section, the Minister may, by order in writing (an employee transfer order)—

                                    (a)    transfer employees of an electricity corporation to positions in the employment of a State-owned company;

                                    (b)    transfer back to an electricity corporation an employee transferred to the employment of a State-owned company;

                                    (c)    transfer employees of an electricity corporation to positions in the employment of a purchaser under a sale/lease agreement or a nominee of the purchaser;

                                    (d)    transfer employees of a State-owned company to positions in the employment of a purchaser under a sale/lease agreement or a nominee of the purchaser.

                                    (3)  An employee transfer order takes effect on the date of the order or on a later date specified in the order.

                                    (4)  An employee transfer order may be varied or revoked by the Minister by further order in writing made before the order takes effect.

                                    (5)  An employee transfer order has effect by force of this Act and despite the provisions of any other law or instrument.

                                    (6)  A transfer under this section does not—

                                    (a)    affect the employee’s remuneration; or

Electricity Corporations (Restructuring

and Disposal)

Bill.

 

 

                                    (b)    interrupt continuity of service; or

                                    (c)    constitute a retrenchment or redundancy.

                                    (7)  Except with the employee’s consent, a transfer under this section must not involve—

                                    (a)    any reduction in the employee’s status; or

                                    (b)    any change in the employee’s duties that would be unreasonable having regard to the employee’s skills, ability and experience.

                                    (8)  However, an employee’s status is not reduced by—

                                    (a)    a reduction of the scope of the business operations for which the employee is responsible; or

                                    (b)    a reduction in the number of employees under the employee’s supervision or management,

                          if the employee’s functions in their general nature remain the same as, or similar to, the employee’s functions before the transfer.

                                    (9)  An employee’s terms and conditions of employment are subject to variation after the transfer in the same way as before the transfer.

                                    (10)  A person whose employment is transferred from one body (the former employer) to another (the new employer) under this section is taken to have accrued as an employee of the new employer an entitlement to annual leave, sick leave and long service leave that is equivalent to the entitlements that the person had accrued, immediately before the transfer took effect, as an employee of the former employer.

                                    (11) A transfer under this section does not give rise to any remedy or entitlement arising from the cessation or change of employment.

                                   (12)  For the purposes of construing a contract applicable to a person whose employment is transferred under this section, a reference to the former employer is to be construed as a reference to the new employer.”

 

 

_____________________

 

And it being twelve of the clock:

THURSDAY 10 JUNE 1999

_____________________

 

                 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.

 

 

  12.

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

 

Postponement

of Business.

  13.

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

 

Next Day

of Sitting.

 

14.

Council adjourned at eight minutes past twelve o’clock midnight until today at eleven o’clock a.m.

 

Adjournment.

 

 

_________________________

 

 

 

 

Members present during any part of the sitting:

 

 

 

The Hon. T. G. Cameron

The Hon. T. Crothers

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. J. F. Stefani

The Hon. G. Weatherill

The Hon. N. Xenophon

The Hon. C. Zollo