[SOUTH AUSTRALIA]

No. 10

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY  9  NOVEMBER  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.

Answers to Questions on Notice Nos. 3, 25, 42, 44 and 46 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) -

                 Reports, 1998-99 -

                          Capital City Committee Adelaide.

                          Department of the Premier and Cabinet.

                          South Australian Multicultural and Ethnic Affairs Commission.

                 Regulations under the following Acts -

                          Public Corporations Act 1993 -

                                    Health Development.

                                    SA Co-ordinated Care Revocation.

                          Senior Secondary Assessment Board of South Australia Act 1983 - Subject Variations.

                 Progress of State Agencies in the Detection, Prevention and Remedy of Problems relating to Year 2000 Processing - Second Quarterly Report.

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

                 Reports, 1998-99 -

                          Legal Practitioners Conduct Board.

                          Listening Devices Act 1972.

                 Regulations under the following Acts -

                          Livestock Act 1997 - Exemptions.

                          Primary Industry Funding Schemes Act 1998 - Sheep Industry.

                          Veterinary Surgeons Act 1985 - Practice Fees.

                 South Australian Police Report, 1998-99 - Statistical Review Erratum.

                 Summary Offences Act 1953 - Section 74b - Road Block Establishment Authorisations.

                 Summary Offences Act 1953 - Section 83b - Dangerous Area Declarations.

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

                 Regulation under the following Act -

                          Plumbers, Gas Fitters and Electricians Act 1995 - Exemptions.

Papers.

 

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

                 Reports, 1998-99 -

                          Charitable and Social Welfare Fund.

                          Local Government Finance Authority of South Australia.

                          Local Government Grants Commission South Australia.

                          Local Government Superannuation Board.

                          Martindale Hall Conservation Trust.

                          Northern Adelaide and Barossa Catchment Water Management Board.

                           Pastoral Board.

                          Patawalonga Catchment Water Management Board.

                          Torrens Catchment Water Management Board.

                          South East Catchment Water Management Board.

                          SA Ambulance Service.

                          State Aboriginal Heritage Committee.

                          Wilderness Protection Act South Australia.

                 Regulations under the following Acts -

                          Road Traffic Act 1961 - Driving Hours.

                          Water Resources Act 1997 - Clare Valley.

                 Crown Development Report - Erection of Two Roof Top Mounted Evaporative Cooling Units at the Gilles Street Primary School.

                 State Water Plan 1995, South Australia - Our Water, Our Future during 1998-99 - Report on Progress on Implementing the Plan, 1998-99.

        By the Minister for the Arts (The Hon. D. V. Laidlaw) -

                 Reports, 1998-99 -

                          Adelaide Festival Centre Trust.

                          Art Gallery Board.

                          Carrick Hill Trust.

                          History Trust of South Australia.

                          Libraries Board of South Australia.

                          South Australian Film Corporation.

                          State Theatre Company.

                          The State Opera of South Australia.

 

 

   4.

The Attorney-General tabled a copy of a Ministerial Statement made by the Premier (The Hon.
J. W. Olsen, M.P.) concerning the Adelaide to Darwin Partners in Rail Project.

 

Paper Tabled.

   5.

The Attorney-General, according to order, moved - That the Offshore Minerals Bill be now read a second time.

                 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.

                 Debate ensued.

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

 

Offshore

Minerals Bill.

   6.

The Attorney-General, according to order, moved - That the Mining (Private Mines) Amendment Bill be now read a second time.

                 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.

                 Debate ensued.

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

 

Mining

(Private Mines) Amendment Bill.

   7.

The Attorney-General, according to order, moved - That the Occupational Health, Safety and Welfare 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)

Bill.

   8.

The Attorney-General, according to order, moved - That the Commonwealth Places (Mirror Taxes Administration) Bill be now read a second time.

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

 

Commonwealth

Places

(Mirror Taxes Administration)

Bill.

 

   9.

Ordered - That Orders of the Day (Government Business) No. 5 to No. 9 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 Police (Complaints and Disciplinary Proceedings) (Miscellaneous) Amendment Bill be now read a second time:

                 Debate resumed.

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

 

Police (Complaints

and Disciplinary Proceedings) (Miscellaneous) Amendment Bill.

11.

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

 

Postponement

of Business.

12.

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

 

Postponement

of Business.

13.

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.

14.

On the Order of the Day being read for the adjourned debate on the question - That the Criminal Law Consolidation (Sexual Servitude) Amendment Bill be now read a second time:

                 Debate resumed.

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

 

Criminal Law Consolidation

(Sexual Servitude) Amendment Bill.

15.

On the Order of the Day being read for the adjourned debate on the question - That the Local Government (Implementation) 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 agreed to.

                          Clause No. 2 amended and agreed to.

                          Clauses No. 3 and No. 4 agreed to.

                          Clause No. 5 amended and agreed to.

                          Clauses No. 6 to No. 11 agreed to.

                          Clause No. 12 amended and agreed to.

                          Clauses No. 13 to No. 46 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 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.

 

Local Government (Implementation) Bill.

16.

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

                 Debate resumed.

                 On motion of the Hon. C. A. Pickles, the debate was adjourned until next day of sitting.

 

Legal Practitioners (Miscellaneous) Amendment Bill.

17.

Ordered - That Orders of the Day (Government Business) No. 18 and No. 19 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

18.

On the Order of the Day being read for the adjourned debate on the question - That the Transplantation and Anatomy (Consent to Blood Donation) Amendment Bill be now read a second time:

                 Debate resumed.

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

 

Transplantation

and Anatomy

(Consent to

Blood Donation) Amendment Bill.

19.

Ordered - That Order of the Day (Government Business) No. 21 be an Order of the Day for next day of sitting.

 

Postponement

of Business.

20.

On the Order of the Day being read for the adjourned debate on the question - That the Criminal Law Consolidation (Serious Criminal Trespass) Amendment Bill be now read a second time:

                 Debate resumed.

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

 

Criminal Law Consolidation 

(Serious Criminal Trespass)

Amendment Bill.

21.

On the Order of the Day being read for the adjourned debate on the question - That the Criminal Law (Sentencing) (Sentencing Principles) Amendment Bill be now read a second time:

                 Debate resumed.

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

 

Criminal Law (Sentencing) (Sentencing

Principles)

Amendment Bill.

22.

Ordered - That Orders of the Day (Government Business) No. 24 and No. 25 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

23.

Ordered - That the adjourned debate on the question - That the Guardianship and Administration (Miscellaneous) Amendment Bill be now read a second time - be now resumed.

                 Debate resumed.

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

 

Guardianship and Administration (Miscellaneous) Amendment Bill.

24.

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

 

Postponement

of Business.

  25.

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

Message No. 8

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to repeal the Whaling Act 1937, to which it desires the concurrence of the Legislative Council.

House of Assembly, 28 October 1999.                                                              J.K.G. OSWALD, Speaker.

                 Bill read a first time.

                 The Minister for Transport and Urban Planning 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.

 

Messages from

House of

Assembly:

Whaling Act

Repeal  Bill.

 

 

Message No. 9

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Prevention of Cruelty to Animals Act 1985, to which it desires the concurrence of the Legislative Council.

House of Assembly, 28 October 1999.                                                              J.K.G. OSWALD, Speaker.

                 Bill read a first time.

                 The Minister for Transport and Urban Planning 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.

 

Prevention of

Cruelty to Animals

(Miscellaneous) Amendment Bill.

 

 

Message No. 10

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

House of Assembly, 9 November 1999.                                                            J.K.G. OSWALD, Speaker.

                 Bill read a first time.

                 The Minister for Transport and Urban Planning 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.

 

Heritage

(Delegation by Minister)

Amendment Bill

     

Message No. 11

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith entitled an Act to amend the Magistrates Court Act 1991 and the Supreme Court Act 1935, without any amendment.

House of Assembly, 9 November 1999.                                                            J.K.G. OSWALD, Speaker.

 

Statutes Amendment (Magistrates Court Appeals) Bills

     

Message No. 12

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith entitled an Act to amend the Judicial Administration (Auxiliary Appointments and Powers) Act 1988, without any amendment.

House of Assembly, 9 November 1999.                                                            J.K.G. OSWALD, Speaker.

 

Judicial

Administration (Auxiliary Appointments and Powers) (Definition

of Judicial Office) Amendment Bill.

26.

Council adjourned at six 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. 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