SOUTH AUSTRALIA]

No. 11

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

THURSDAY  9  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 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.

   3.

The Minister for Disability Services, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Shop Trading Hours Act 1977.

                 Question put and passed.

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

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

 

Shop Trading
Hours (Glenelg
Tourist Precinct)
Amendment Bill.

   4.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 13 be postponed and taken into consideration after Order of the Day (Government Business) No. 14.

 

Postponement
of Business.

   5.

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 Hon. T. G. Cameron, the debate was adjourned until next day of sitting.

 

Prostitution
(Regulation) Bill.

   6.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 13 and No. 15 to No. 18 be postponed and taken into consideration after Order of the Day (Private Business) No. 19.

 

Postponement
of Business.

   7.

On the Order of the Day being read for the adjourned debate on the question - That the Shop Theft (Alternative Enforcement) Bill be now read a second time:

                 Debate resumed.

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

 

Shop Theft
(Alternative
Enforcement)
Bill.

   8.

Ordered - That Orders of the Day (Government Business) No. 20 to No. 26 be postponed and taken into consideration after Order of the Day (Private Business) No. 1.

 

Postponement
of Business.

   9.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Casino (Miscellaneous) Amendment Bill.

 

In the Committee

 

                          Clause No. 5 which the Treasurer moved to amend on page 4, lines 32 to 35, by leaving out all words in these lines - further considered.

                 Amendment, by leave, withdrawn.

Casino
(Miscellaneous)
Amendment Bill.

 

                          Clause No. 5 otherwise amended, and agreed to.

                          Clause No. 6 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 motion.

 

 

10.

At 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.

11.

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

                 By the Hon. N. Xenophon from 363 residents of South Australia, the Hon C. V. Schaefer from 345 residents of South Australia, the Hon. R. R. Roberts from 62 residents of South Australia and the Hon. L. H. Davis from 22 residents of South Australia, concerning prostitution and praying that this Honourable House will strengthen the present law and ban all prostitution-related advertising to enable Police to suppress the prostitution trade more effectively.

Petitions -
No. 20, 21, 22

and 23 -
Prostitution.

 

                 By the Hon. I. Gilfillan from 331 residents of South Australia concerning deregulation of shop trading hours in the Renmark Paringa District Council area and praying that this Honourable House will urge the Minister for Government Enterprises to reject any application from Renmark Paringa District Council for the abolition of the proclaimed shopping district in Renmark Paringa District Council area.

No. 24 - Shop Trading Hours
in the Remark
Paringa District
Council Area.

 

                 By the Hon. I. Gilfillan from 170 residents of South Australia concerning the transport and storage of radioactive waste in South Australia and praying that this Honourable House will do all in its power to ensure that South Australia does not become the dumping ground for Australia’s or the world’s nuclear waste.

 

No. 25 - Transport
and Storage of
Radioactive Waste
in South Australia.

12.

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

        By the President -

                 Auditor-General’s Report pursuant to section 41A of the Public Finance and Audit Act 1987 - Summary of Pelican Point Power Station Project document.

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

                 Reports, 1999-2000 -

                          Department for Environment and Heritage.

                          Department for Transport, Urban Planning and the Arts.

 

Papers.

13.

The Attorney-General, by leave, tabled a copy of an Interim Report to the Drug and Alcohol Services Council of South Australia titled “An Evaluation of DAAP - the Drug Assessment and Aid Panel”, dated March 2000, prepared by Siggins Miller Consultants in association with C. J. Spooner: Research, Planning and Evaluation, NDARC, and Health Outcomes International.

                 Ordered - That the Interim Report be published.

 

Paper Tabled.

14.

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. M. J. Elliott, the debate was adjourned and ordered to be resumed on motion.

 

Address-in-Reply.

15.

The Attorney-General, according to order, moved - That the Maritime Services (Access) Bill be now read a second time.

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

Maritime Services
(Access) Bill.

16.

The Attorney-General, according to order, moved - That the Harbors and Navigation (Control of Harbors) Amendment Bill be now read a second time.

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

 

Harbors and
Navigation
(Control of Harbors)
Amendment Bill.

17.

The Attorney-General, according to order, moved - That the Barley Marketing (Miscellaneous) Amendment Bill be now read a second time.

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

 

Barley Marketing
(Miscellaneous)
Bill.

18.

The Attorney-General, according to order, moved - That the South Australian Ports (Disposal of Maritime Assets) Bill be now read a second time.

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

 

South Australian
Ports (Disposal of
Maritime Assets)
Bill.

19.

The Attorney-General, according to order, moved - That the Racing (Transitional Provisions) 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.

 

Racing
(Transitional
Provisions)
Amendment Bill.

20.

Ordered - That Orders of the Day (Government Business) No. 7 and No. 8 be Orders 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 Legal Practitioners (Miscellaneous) 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.

 

Legal Practitioners
 (Miscellaneous)
Amendment Bill.

22.

Ordered - That Orders of the Day (Government Business) No. 10 and No. 11 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

23.

Ordered - That the adjourned debate on the question - That the Shop Theft (Alternative Enforcement) Bill be now read a second time - be now resumed.

                 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. 18 agreed to.

                          Schedule 1 agreed to.

                          Schedule 2 agreed to.

                          Schedule 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 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.

 

Shop Theft
(Alternative
Enforcement)
Bill.

24.

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

                 Debate resumed.

                 Question put and passed.

                 Bill read a second time.

                 Ordered - That the Bill’s consideration in Committee be an Order of the Day for next day of sitting.

 

Conveyancers
(Registration)
Amendment Bill.

25.

Ordered - That Order of the Day (Government Business) No. 13 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

26.

On the Order of the Day being read for the adjourned debate on the question - That the Nuclear Waste Storage Facility (Prohibition No. 2) 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.

 

Nuclear Waste
Storage Facility
(Prohibition No. 2)
Bill.

27.

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

 

Postponement
of Business.

28.

Ordered - That Order of the Day (Government Business) No. 17 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

29.

Ordered - That Orders of the Day (Government Business) No. 18 and No. 20 be postponed and taken into consideration after Order of the Day (Government Business) No. 21.

 

Postponement
of Business.

30.

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

                 Debate resumed.

                 On motion of the Hon. A. J. Redford, the debate was adjourned until next day of sitting.

 

Electrical
Products
Bill.

31.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (Federal Courts - State Jurisdiction) 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. 49 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.

 

Statutes
Amendment
(Federal Courts -
State Jurisdiction)
Bill.

32.

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.

                 Question put.

Retail and
Commercial
Leases (GST)
Amendment Bill.

 

            Council divided:

Ayes, 13

The Hon. T. G. Cameron

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. A. J. Redford

The Hon. T. G. Roberts

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. K. T. Griffin  (Teller)

      So it was resolved in the affirmative.

 

Noes, 3

The Hon. M. J. Elliott

The Hon. S. M. Kanck

The Hon. I. Gilfillan (Teller)

 

 

 

 

                 Bill read a second time.

                 Ordered - That the Bill’s consideration in Committee be an Order of the Day for next day of sitting.

 

 

33.

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.

                 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. 2 agreed to.

                          Clause No. 3 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.

 

Occupational
Health, Safety
and Welfare
(Penalties)
Amendment Bill

34.

On the Order of the Day being read for the adjourned debate on the question - That the Construction Industry Training Fund (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.

 

Construction
Industry
Training Fund
(Miscellaneous)
Amendment Bill.

35.

Ordered - That Orders of the Day (Government Business) No. 23 to No. 26 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

36.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Casino (Miscellaneous) Amendment Bill.

 

In the Committee

 

                          Clause No. 6 further considered.

                 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 Wednesday next.

 

Casino
(Miscellaneous)
Amendment Bill.

37.

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

 

Postponement
of Business.

38.

Council adjourned at six minutes past six o’clock until Tuesday next 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. A. J. Redford

            The Hon. T. G. Roberts

The Hon. C. V. Schaefer

The Hon.  J. F. Stefani

The Hon. N. Xenophon

The Hon. C. Zollo