[SOUTH AUSTRALIA]

No. 16

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

THURSDAY  10  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.

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 Transport and Urban Planning (The Hon. D. V. Laidlaw), according to leave granted on Wednesday, 9 December 1998, introduced a Bill for an Act to amend the Road Traffic Act 1961.

                 Bill introduced and read a first time.

                 The Minister for Transport and Urban Planning 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.

 

Road Traffic (Miscellaneous

 No. 2)

Amendment Bill.

   4.

The Attorney-General (The Hon. K. T. Griffin), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Aboriginal Lands Trust Act 1966, the Electricity Act 1996, the Environment, Resources and Development Court Act 1993, the Mining Act 1971, the Native Title (South Australia) Act 1994, the Opal Mining Act 1995 and the Petroleum Act 1940.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Attorney-General 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.

 

Statutes

Amendment

(Native Title

No. 2) Bill.

   5.

The Attorney-General, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Listening Devices Act 1972.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Attorney-General 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.

 

Listening Devices (Miscellaneous) Amendment Bill.

   6.

The Minister for Transport and Urban Planning, according to order, moved - That the Nurses Bill be now read a second time.

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

 

Nurses Bill.

   7.

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

 

Postponement

of Business.

 

   8.

On the Order of the Day being read for the adjourned debate on the question - That the Lottery and Gaming (Trade Promotion Lottery Licence Fees) Amendment Bill be now read a second time:

                 Debate resumed.

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

 

Lottery and

Gaming (Trade Promotion Lottery Licence Fees) Amendment Bill.

 

    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. 2 - which the Treasurer had moved to  amend on page 1, lines 17 and 18, by leaving out the clause and inserting new clause as follows:

                          “Commencement

                                  2.  (1)  This Act (other than section 11A and Parts 2, 3 and 4 of Schedule 1B) will come into operation on a day to be fixed by proclamation.

                                  (2)  Section 11A comes into operation on the day on which this Act is assented to by the Governor.

                                  (3)  Parts 2, 3 and 4 of Schedule 1B will come into operation in accordance with provisions contained in that Schedule.”- 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 motion.

 

Electricity Corporations (Restructuring

and Disposal)

Bill.

10.

At eight minutes 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.

 

11.

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

                 By The Hon. N. Xenophon from 258 residents of South Australia concerning gaming machines.  The Petitioners pray that this Honourable House will -

1.     Support the passage of legislation to give local residents the power to object to the operation and availability of poker machines at venues on economic and social grounds; and

2.     Support a ban on advertising and promotion of poker machines; and

3.       Support the holding of a State-wide referendum to reduce or phase out poker machines from hotels over a five year period.

 

Petition No. 5 -

Gaming Machines.

 

12.

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

        By the President -

                 Ombudsman, Report 1997-98

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

                 Regulations under the following Act -

                          National Electricity (South Australia) Act 1996 - Connection.

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

                 Reports, 1997-98 -

                          MFP Development Corporation (incorporating MFP Projects Board).

                          Land Management Corporation.

                          Mining and Quarrying Occupational Health and Safety Committee South Australia.

                          South Australian Totalizator Agency Board.

                          South Australian Totalizator Agency Board - Financial Statements.

                          WorkCover Corporation.

                          Privacy Committee of South Australia.

                          State Records of South Australia.

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

                 Report, 1997-98 -

                          Commissioners of Charitable Funds.

                          Institute of Medical and Veterinary Science.

                          Local Government Superannuation Board.

                          Occupational Therapists Registration Board of South Australia.

                          Optometrists Board of South Australia.

                          Radiation Protection and Control Act 1982 - Administration.

                          South Australian Psychological Board.

                 Optometrists Board of South Australia - Report, 1996-97.

                 Review of Simpson Desert Regional Reserve, 1988-1998.

                 Review of Innamincka Regional Reserve, 1988-1998.

         By the Minister for the Status of Women (The Hon. D. V. Laidlaw) -

                 The 1998 Women’s Statement - Benchmarking for Diversity.

 

Papers.

13.

The Treasurer tabled a copy of a Ministerial Statement made by the Minister for Employment (The Hon. M. K. Brindal, M.P.) concerning jobs workshops.

 

Paper Tabled.

14.

The Attorney-General tabled a copy of a letter from him to Mr. Crammond, dated 10 December 1998, which appoints Mr. Crammond to carry out an inquiry upon allegations by the Opposition that the then Minister for Industry, Manufacturing, Small Business and Regional Development (The Hon. J. W. Olsen, M.P.) misled Parliament on 21 September 1994, and on subsequent occasions, in answering questions relating to Motorola, together with attachments.

 

Paper Tabled.

15.

The Attorney-General, without notice, moved - That the Standing Orders be so far suspended as to enable Question Time to be extended until twenty-two minutes to four 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.

16.

Ordered - That Orders of the Day (Government Business) No. 6 to No. 14 be postponed and taken into consideration on motion.

 

Postponement

of Business.

 

17.

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

                 Debate resumed.

                 Question put and passed.

                 Bill read a second time.

                 Ordered - That the Committee stages be postponed and taken into consideration on motion.

 

Petroleum (Production

Licences) Amendment Bill.

  18.

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. 2 - which the Treasurer had moved to  amend on page 1, lines 17 and 18, by leaving out the clause and inserting new clause as follows:

                          “Commencement

                                  2.  (1)  This Act (other than section 11A and Parts 2, 3 and 4 of Schedule 1B) will come into operation on a day to be fixed by proclamation.

                                  (2)  Section 11A comes into operation on the day on which this Act is assented to by the Governor.

                                  (3)  Parts 2, 3 and 4 of Schedule 1B will come into operation in accordance with provisions contained in that Schedule.”- 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 motion.

 

Electricity Corporations (Restructuring

and Disposal)

Bill.

   19.

Ordered - That the adjourned debate on the question - That Lottery and Gaming (Trade Promotion Lottery Licence Fees) Amendment 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

 

                          Clause 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 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.

 

Lottery and

Gaming (Trade Promotion Lottery Licence Fees) Amendment Bill.

 

  20.

The Council, according to order, resolved itself into a Committee of the whole for the further consideration of the Shop Trading (Miscellaneous) Amendment Bill.

 

In the Committee

 

                 Proposed new clause No. 10 - which the Hon. T. G. Roberts had moved to insert on page 4, after line 7, 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).” - further considered.

                 The Attorney-General 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)  A meeting to approve core trading hours, or to approve a change in core trading hours, for the purposes of subsection (1)(c) must be called in accordance with the regulations.”

                 Question - That new clause No. 10, as proposed to be inserted by the Hon. T. G. Roberts, be so inserted - put.

            Committee divided:

Shop Trading

Hours (Miscellaneous) Amendment Bill.

 

Ayes, 11.

The Hon. T. Crothers

The Hon. M. J. Elliott

The Hon. I. Gilfillan

The Hon. P. Holloway

The Hon. S. M. Kanck

The Hon. C. A. Pickles

The Hon. R. R. Roberts

The Hon. G. Weatherill

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. T. G. Roberts (Teller)

Noes, 9.

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

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. K. T. Griffin

 

 

 

So it was resolved in the affirmative.

                          New clause No. 10 inserted.

                          Title amended and agreed to.

_____________________

 

                 The President resumed the Chair, and reported that the Committee had considered the Bill and had agreed to the same with an amendment and an amended Title; 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.

 

 

  21.

The Council, according to order, resolved itself into a Committee of the whole for the  consideration of the Petroleum (Production Licences) Amendment 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 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.

 

Petroleum (Production

Licences) Amendment Bill.

  22.

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. 2 - which the Treasurer had moved to  amend on page 1, lines 17 and 18, by leaving out the clause and inserting new clause as follows:

                          “Commencement

                                  2.  (1)  This Act (other than section 11A and Parts 2, 3 and 4 of Schedule 1B) will come into operation on a day to be fixed by proclamation.

                                  (2)  Section 11A comes into operation on the day on which this Act is assented to by the Governor.

(3)  Parts 2, 3 and 4 of Schedule 1B will come into operation in accordance with provisions contained in that Schedule.”- further considered.

Electricity Corporations (Restructuring

and Disposal)

Bill.

 

 

 

                 The Hon. N. Xenophon, by leave, tabled the following documents:

                 Letter to The Hon. N. Xenophon from London Economics, dated 30 November 1998, regarding Riverlink and Pelican Point.

                 Letter to The Hon. N. Xenophon from Danny Price, Managing Director, London Economics, dated 1 December 1998, regarding Riverlink and Pelican Point.

                 Letter to The Hon. N. Xenophon from Danny Price, Managing Director, London Economics, dated 8 December 1998.

                 Facsimile to The Hon. N. Xenophon from Danny Price, Managing Director, London Economics, dated 8 December 1998.

                 Document titled “Introduction to London Economics Australia”.

                 Document titled “Competitive benefits of Riverlink - Initial estimates of the price impacts on customers”.

                 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.

 

Papers Tabled.

23.

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

 

Postponement

of Business.

24.

The Treasurer moved - That the Council, at its rising, do adjourn until Tuesday, 9 February 1999, at fifteen minutes past two o’clock.

                 Debate ensued.

                 Question put and passed.

 

Next Day

of Sitting.

 

25.

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

 

Postponement

of Business.

  26.

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

Message No. 19

                 MR. PRESIDENT - The House of Assembly has agreed to the amendments made by the Legislative Council in the Education (Government School Closures and Amalgamations) Amendment Bill, without any amendment.

House of Assembly, 10 December 1998.                                                          J.K.G. OSWALD, Speaker.

 

Messages from

House of

Assembly:

Education

(Government

School Closures and

Amalgamations)

Amendment Bill.

 

 

Message No. 20

                 MR. PRESIDENT - The House of Assembly does not insist on its Amendment in the Passenger Transport (Service Contracts) Amendment Bill to which the Legislative Council has disagreed and has agreed to the alternative amendment made by the Legislative Council, without any amendment.  The Bill is returned herewith.

House of Assembly, 10 December 1998.                                                          J.K.G. OSWALD, Speaker.

 

Passenger

Transport

(Service

Contracts)

Amendment Bill.

 

Message No. 21

                 MR. PRESIDENT - The House of Assembly does not insist on its Amendment No. 1 in the TransAdelaide (Corporate Structure) Bill to which the Legislative Council has disagreed and has agreed to the alternative amendments made by the Legislative Council, without amendment; and has agreed to the consequential amendments made by the Legislative Council to Amendment No. 2, without amendment.  The Bill is returned herewith.

House of Assembly, 8 December 1998.                                                            J.K.G. OSWALD, Speaker.

 

TransAdelaide

(Corporate

Structure)

Bill.

 

 

Message No. 22

                 MR. PRESIDENT - The House of Assembly has agreed to the amendments made by the Legislative Council in the Shop Trading Hours (Miscellaneous) Amendment Bill, without any amendment.

House of Assembly, 10 December 1998.                                                          J.K.G. OSWALD, Speaker.

 

Shop Trading

House

(Miscellaneous) Amendment Bill.

 

27.

Council adjourned at twenty three minutes past six o’clock until Tuesday, 9 February 1999, 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. J. F. Stefani

The Hon. G. Weatherill

The Hon. N. Xenophon

The Hon. C. Zollo