[SOUTH AUSTRALIA]

No. 4

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY 9 DECEMBER 1997

 

 

 

   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 President laid on the Table the Minutes of Proceedings of the Joint Sitting of the two Houses  held on Tuesday, 9 December 1997, to choose a person to hold the place in the Senate of the Commonwealth rendered vacant by the resignation of Senator Dominic John Ferguson, whereat Mr. John Andrew Quirke was the person so chosen.

                 Ordered - That the Minutes of Proceedings be printed.  (Paper No. 185)

 

Senate

Vacancy:

Joint Sitting

of the two

Houses -

Minutes.

 

   3.

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

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

                 Economic Development Authority - Report, 1996-97.

                 District Council By-laws - Cleve -

                          No. 2 - Animals and Birds.

                          No. 5 - Motor Boats.

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

                 Optima Energy - Report for six months ending 30 June 1997.

                 Regulation under the following Act -

                          Mining Act 1971.

                 Determination of the Remuneration Tribunal -

                          No. 3 of 1997 - Ministers of the Crown and Officers and Members of Parliament.

                          No. 6 of 1997 - Conveyance Allowances and Motor Vehicles Schedules.

                          No. 7 of 1997 - Deputy Electoral Commissioner.

         By the Attorney-General -

                 Independent Order of Odd Fellows - Registered Rules.

         By the Minister for Police, Correctional Services and Emergency Services -

                 Reports, 1996-97 -

                          Country Fire Service of South Australia.

                          Fire Equipment Services South Australia.

                          SA Ambulance Service.

                          South Australian Metropolitan Fire Service.

                          State Emergency Service South Australia.

Papers.

 

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

                 Reports, 1996-97 -

                          Department of Housing and Urban Development.

                          Department of Transport.

                          South Australian Community Housing Authority.

                 Regulations under the following Acts -

                          Harbors and Navigation Act 1993 - Blood Test.

                          Motor Vehicles Act 1959 - Power-assisted Pedal Cycle.

                 Development Act 1993 - The Administration of the Development Act, 1996-97.

                 Non-Metropolitan Railways (Transfer) Act 1997 - Leases of Land to the Purchasers of Australian National.

         By the Minister for the Arts -

                 Reports, 1996-97 -

                          Adelaide Festival Centre.

                          Art Gallery of South Australia.

                          Arts SA.

                          Carrick Hill Trust.

                          Community Information Strategies Australia Inc.

                          History Trust of South Australia.

                          Libraries Board of South Australia.

                          South Australian Country Arts Trust.

                          South Australian Film Corporation.

                          South Australian Housing Trust.

                          South Australian Museum Board.

                          State Opera of South Australia.

         By the Minister for the Status of Women -

                 Office for the Status of Women - The Women’s Statement, 1997.

 

 

   4.

The Minister for Transport and Urban Planning tabled a copy of a Ministerial Statement made by the Minister for the Environment and Heritage (The Hon. D. C. Kotz, M.P.) concerning Outcomes for SA from the recent Murray Darling Basin Ministerial Council Meeting held in Victoria.

 

Paper

Tabled.

   5.

The Minister for Justice, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Public Sector Management Act 1995.

                 Question put and passed.

                 Bill introduced and read a first time.

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

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

 

Public Sector Management (Incompatible

Public Offices) Amendment

Bill.

 

   6.

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

 

Postponement

of Business.

   7.

On the Order of the Day being read for the adjourned debate on the question - That the Unclaimed Superannuation Benefits 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. 6 agreed to.

                          Clause No. 7, being a money clause, no question was put on the clause.

                          Clauses No. 8 to No. 11 agreed to.

                          Title agreed to.

_____________________

 

Unclaimed Superannuation Benefits 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 Treasurer, 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.

 

 

   8.

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

                 Debate resumed.

                 Question put and passed.

                 Bill read a second time.

                 The Hon. P. Holloway, pursuant to contingent notice, moved - That it be an Instruction to the Committee of the Whole that it have power to consider new clauses concerning an amendment to the Development Act 1993.

                 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.

 

In the Committee

 

                          Clause No. 1 read.

                 The Hon. P. Holloway moved on page 1, lines 10 and 11, to leave out the clause and insert new clause as follows:

                          “Short title

                                   1.  This Act may be cited as the Statutes Amendment (Holdfast Shores) Act 1997.

                 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.

 

Local

Government (Holdfast

Quays)

Amendment

Bill.

   9.

At one minute 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.

 

10.

The Minister for Justice, without notice, moved - That the Standing Orders be so far suspended as to enable him to give a Notice of Motion after the time for giving notices had expired.

                 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:

Notice of

Motion.

 

11.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Local Government (Holdfast Quays) Amendment Bill.

 

In the Committee

 

                          Clause No. 1 to which the Hon. P. Holloway had moved to amend on page 1, lines 10 and 11, by leaving out the clause and inserting new clause as follows:

                          “Short title

                                   1.  This Act may be cited as the Statutes Amendment (Holdfast Shores) Act 1997.” - further considered.

                 The Hon. P. Holloway, by leave, tabled a copy of a letter to the Leader of the Opposition (The Hon. M. D. Rann, M.P.) from Mr. R. L. Boorman, Development Director, Holdfast Shores Glenelg Consortium, dated 2 December 1997, together with attachments.

                 Question - That clause No. 1 stand as printed - put.

           Committee divided:

Local

Government (Holdfast

Quays)

Amendment

Bill.

 

 

Ayes, 8.

The Hon. L. H. Davis

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. R. I. Lucas (Teller)

 

  Noes, 11.

The Hon. T. G. Cameron

The Hon. T. Crothers

The Hon. M. J. Elliott

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. C. A. Pickles

The Hon. T. G. Roberts

The Hon. G. Weatherill

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

        So it passed in the negative.

                          Clause No. 1 struck out.

 

 

                 Question - That new clause No. 1, as proposed to be inserted by the Hon. P. Holloway, be so inserted - put.

           Committee divided:

 

 

Ayes, 11.

The Hon. T. G. Cameron

The Hon. T. Crothers

The Hon. M. J. Elliott

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. C. A. Pickles

The Hon. T. G. Roberts

The Hon. G. Weatherill

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

  Noes, 8.

The Hon. L. H. Davis

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. R. I. Lucas (Teller).

 

 

So it was resolved in the affirmative.

                          New clause No. 1 inserted.

                          Clause No. 2 struck out.

                          Clause No. 3 read.

                 The Hon. M. J. Elliott moved on page 2, after line 7, to insert new subsection as follows:

                                   “(4b)  A proclamation under subsection (4a) will come into operation on the day after 12 sitting days of each House of Parliament have elapsed after a copy of the proclamation is laid before each House unless, within that period, either House disallows the proclamation.”

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

                          Clause No. 3 otherwise amended and agreed to.

                          New clause No. 4 inserted.

 

 

                          Title amended and agreed to.

_____________________

 

Title Amended:

Statutes Amend-

ment (Holdfast

Shores) Bill.

 

 

                 The President resumed the Chair, and reported that the Committee had considered the Bill and had agreed to the same with amendments and an amended title; whereupon the Council adopted such report.

                 The Treasurer, 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.

 

 

12.

At nine minutes past ten o’clock the sitting was suspended until the ringing of the bells.

                 At twenty-two minutes to eleven o’clock the sitting was resumed.

 

Suspension and

Resumption of

Sitting.

 

13.

On the Order of the Day being read for the adjourned debate on the question - That the Development (Building Rules) 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 to No. 9 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 Treasurer, 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.

 

Development (Building

Rules)

Amendment

Bill.

14.

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.

15.

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

                          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) Amendment

Bill.

16.

The following Message from the House of Assembly was received and read:

Message No. 14

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Stamp Duties Act 1923, to which it desires the concurrence of the Legislative Council.

House of Assembly, 9 December 1997.                                                           J.K.G. OSWALD Speaker.

                 Bill read a first time.

                 The Treasurer 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.

 

Message from

House of

Assembly:

Stamp Duties (Miscellaneous

No. 2)

Amendment

Bill

 

17.

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

                 Debate resumed.

_____________________

 

And it being twelve of the clock:

WEDNESDAY 10 DECEMBER 1997

_____________________

 

                 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 amended and agreed to.

                          Clause No. 4 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 Hon. M. J. Elliott,  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.

                 The Hon. M. J. Elliott then moved - That this Bill be now read a third time.

                 Debate ensued.

                 Question put.

Education (Government

School Closures) Amendment

Bill.

 

           Committee divided:

 

 

Ayes, 9.

The Hon. T. Crothers

The Hon. I. Gilfillan

The Hon. P. Holloway

The Hon. S. M. Kanck

The Hon. C. A. Pickles

The Hon. T. G. Roberts

The Hon. G. Weatherill

The Hon. N. Xenophon

The Hon. M. J. Elliott (Teller)

  Noes, 6.

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. R. D. Lawson

The Hon. A. J. Redford

The Hon. C. V. Schaefer

The Hon. R. I. Lucas (Teller)

 

 

 

        So it was resolved in the affirmative.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

 

18.

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

Message No. 15

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Constitution Act 1934, the Administrative Arrangements Act 1994, the Juries Act 1927, the Oaths Act 1936 and the Parliamentary Remuneration Act 1990, without any amendment.

House of Assembly, 9 December 1997.                                                           J.K.G. OSWALD Speaker.

 

Messages from House of

Assembly:

Statutes

Amendment (Ministers of

the Crown)

Bill.

 

 

Message No. 16

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Road Traffic Act 1961, without any amendment.

House of Assembly, 9 December 1997.                                                           J.K.G. OSWALD Speaker.

 

Road Traffic

(Speed Zones)

Amendment

Bill.

 

 

Message No. 17

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Motor Vehicles Act 1959, without any amendment.

House of Assembly, 9 December 1997.                                                           J.K.G. OSWALD Speaker.

 

Motor Vehicles (Heavy Vehicles Registration Charges) Amendment

Bill.

 

19.

Council adjourned at eleven minutes past two o’clock until today at fifteen minutes past two o’clock p.m.

 

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. J. F. Stefani

The Hon. G. Weatherill

The Hon. N. Xenophon

The Hon. C. Zollo