[SOUTH AUSTRALIA]

No. 24

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY  11  APRIL  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.

A Messenger from the Governor having been announced by Black Rod, the following Message was received and read:

Message No. 2.

                 The Governor informs the Legislative Council that, in the name and on behalf of Her Majesty The Queen, the following Act has been assented to during the present Session, viz.:

                 No. 1 of 2000 - An Act to amend the Transplantation and Anatomy Act 1983.

Government House, Adelaide, 11 April 2000.                                                       E. J. NEAL, Governor.

 

Message from

Governor:

Assent to Bills.

   3.

Answers to Questions on Notice Nos. 6, 30, 35, 40, 57, 67, 69 and 72 received this day were tabled by the President who directed that they be distributed and printed in Hansard.

 

Answers to

Questions on

Notice.

 

   4.

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

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

                 Reports, 1998-99 -

                          Environment Protection Authority.

                          Native Vegetation Council.

                          Racing Industry Development Authority.

                          South Australian Thoroughbred Racing Authority.

                          The Dog and Cat Management Board of South Australia.

                 Rules - Rules of Court -

                          District Court - District Court Act 1991 -

                                   Amendment No. 26 - Forms.

                          Magistrates Court - Magistrates Court Act 1991 -

                                   Amendment No. 17 - Appeals and Applications.

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

                 Institute of Medical and Veterinary Science - Report, 1998-99.

                 Local Government Act 1934 - Section 20(8) - Report.

                 Regulations under the following Act -

                          Motor Vehicles Act 1959 - Schedule 6.

 

Papers.

   5.

The Treasurer (The Hon. R. I. Lucas) tabled a copy of a Ministerial Statement made by the Premier (The Hon. J. W. Olsen, M.P.) concerning the Future of the Township of Woomera.

 

Paper Tabled.

   6.

The Minister for Transport and Urban Planning, while making a Ministerial Statement, tabled a copy of document titled “Allocations - Public Libraries Services 2000/2001 as at 3 April 2000”.

 

Paper Tabled.

   7.

The President made the following Statement:

                 “I draw the attention of Members to the fact that the uncorrected Daily Hansard (the same version as appears in the printed Daily) is now also available on the morning after a sitting day, in electronic form, on the Parliamentary Intranet.  This new service supplements the continued availability on the Internet (at about 4 o’clock on the afternoon following a sitting day) of the corrected Daily Hansard and the electronic version of the Weekly Hansard (on the Tuesday following a sitting week).”

 

President’s

Statement -

Hansard.

   8.

Ordered - That Orders of the Day (Government Business) No. 1 and No. 2 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

   9.

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

 

Postponement

of Business.

10.

Ordered - That Order of the Day (Government Business) No. 4 be an Order of the Day for next day of sitting.

 

Postponement

of Business.

11.

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.

                 Question put and passed.

                 Bill read a second time.

                 Ordered - That the Committee stages be an Order of the Day for next day of sitting.

 

Criminal Law Consolidation (Sexual Servitude) Amendment Bill.

12.

Ordered - That Orders of the Day (Government Business) No. 6 to No. 8 be postponed and taken into consideration on motion.

 

Postponement

of Business.

13.

Ordered - That Orders of the Day (Government Business) No. 9 to No. 11 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 Summary Offences (Searches) 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 an Order of the Day for next day of sitting.

 

Summary

Offences

(Searches)

Amendment

Bill.

15.

Ordered - That Order of the Day (Government Business) No. 13 be postponed and taken into consideration on motion.

 

Postponement

of Business.

16.

Ordered - That Order of the Day (Government Business) No. 14 be an Order of the Day for next day of sitting.

 

Postponement

of Business.

17.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (Warrants of Apprehension) 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.

 

Statutes

Amendment (Warrants of Apprehension)

Bill.

18.

Ordered - That Orders of the Day (Government Business) No. 16 to No. 18 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

19.

Ordered - That Order of the Day (Government Business) No. 19 be postponed and taken into consideration on motion.

 

Postponement

of Business.

20.

Ordered - That the adjourned debate on the question - That the Occupational Health, Safety and Welfare (Penalties) Amendment Bill be now read a second time - be now resumed.

                 Debate resumed.

 

Occupational

Health, Safety

and Welfare (Penalties) Amendment

Bill.

 

                 Question put and passed.

                 Bill read a second time.

                 Ordered - That the Committee stages be an Order of the Day for next day of sitting.

 

 

21.

Ordered - That Order of the Day (Government Business) No. 20 be an Order of the Day for next day of sitting.

 

Postponement

of Business.

22.

Ordered - That the adjourned debate on the question - That the Young Offenders (Publication of Information) Amendment Bill be now read a second time - be now resumed.

                 Debate resumed.

                 Question put.

            Committee divided:

Young Offenders (Publication of Information) Amendment Bill.

 

Ayes, 11

The Hon. T. G. Cameron

The Hon. T. Crothers

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. J. F. Stefani

The Hon. N. Xenophon

The Hon. K. T. Griffin (Teller)

Noes, 8.

The Hon. M. J. Elliott

The Hon. I. Gilfillan

The Hon. P. Holloway

The Hon. S. M. Kanck

The Hon. T. G. Roberts

The Hon. G. Weatherill

The Hon. C. Zollo

The Hon. C. A. Pickles (Teller)

 

 

        So it was resolved in the affirmative.

                 Bill read a second time.

                 Ordered - That the Committee stages be an Order of the Day for next day of sitting.

 

 

23.

Ordered - That the adjourned debate on the question  - That the Police (Complaints and Disciplinary Proceedings) (Miscellaneous) Amendment Bill be now read a second time - be now resumed.

                 Debate resumed.

                 Question put and passed.

                 Bill read a second time.

                 Ordered - That the Committee stages be an Order of the Day for next day of sitting.

 

Police

(Complaints

and Disciplinary Proceedings) (Miscellaneous) Amendment Bill.

24.

Ordered - That Orders of the Day (Government Business) No. 21 to No. 27 be postponed and taken into consideration after Order of the Day (Government Business) No. 28.

 

Postponement

of Business.

25.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Repeal (Minister for Primary Industries and Resources Portfolio) 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. 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.

 

Statutes Repeal (Minister for Primary Industries and Resources Portfolio) Bill.

26.

Ordered - That Order of the Day (Government Business) No. 21 be postponed and taken into consideration on motion.

 

Postponement

of Business.

27.

On the Order of the Day being read for the adjourned debate on the question - That the Development (Significant Trees) 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.

                 The Hon. M. J. Elliott moved on page 3, after line 20, to insert the following:

                                        “or

                          (c)        until 1 July 2002, without limiting the operation of paragraph (a) or (b)—a tree of a species indigenous to South Australia—

                                        (i)       that is within Metropolitan Adelaide; and

                                        (ii)      that is more than 4 metres high and, if the council for the relevant area has so resolved, satisfies other criteria specified by the council for the purposes of this paragraph; and

                                        (iii)     that may be cleared without the consent of the Native Vegetation Council under the Native Vegetation Act 1991 because—

                                                   (A)     the tree is within a part of Metropolitan Adelaide excluded from the operation of that Act by or under section 4 of that Act; or

                                                   (B)      the clearance of the tree is authorised by regulations under that Act,

                                        but not including a tree within an area, or part of an area, of a council in relation to which the council for the relevant area has, by resolution, determined that this paragraph should not apply;;”

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

                          Clause No. 3 agreed to.

                          Clause No. 4 agreed to.

                          New clause No. 4A inserted.

                          Clause No. 5 amended and agreed to.

                          Clause No. 6 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.

 

Development (Significant Trees) Amendment Bill.

28.

The Minister for Transport and Urban Planning tabled a copy of a Ministerial Statement made by the Minister for Local Government (The Hon. D. C. Kotz, M.P.) concerning South Australia’s First Rural Transaction Centre.

 

Paper Tabled.

  29.

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

Message No. 41

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Broken Hill Proprietary Company’s Indenture Act 1937 and the Broken Hill Proprietary Company’s Steel Works Indenture Act 1958, to which it desires the concurrence of the Legislative Council.

House of Assembly, 6 April 2000.                                                                     J.K.G. OSWALD, Speaker.

 

Messages from

House of

Assembly:

Statutes

Amendment

(BHP Indentures) Bill.

 

 

                 Bill read a first time.

                 The Treasurer then moved - That this Bill be now read a second time.

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

 

 

 

Message No. 42

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Wrongs Act 1936, without any amendment.

House of Assembly, 6 April 2000.                                                                     J.K.G. OSWALD, Speaker.

 

Wrongs

(Damage by Aircraft) Amendment

Bill

 

 

Message No. 43

                 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, 11 April 2000.                                                   J.K.G. OSWALD, Speaker.

 

Road Traffic (Miscellaneous

No. 2)

Amendment Bill.

 

 

Message No. 44

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the District Court Act 1991; and to make related amendments to other Acts, without any amendment.

House of Assembly, 11 April 2000.                                                   J.K.G. OSWALD, Speaker.

 

District Court (Administrative

and Disciplinary Division)

Amendment Bill.

 

30.

Ordered - That Order of the Day (Government Business) No. 23 be an Order of the Day for next day of sitting.

 

Postponement

of Business.

31.

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

                 Debate resumed.

                 And the Hon. P. Holloway having obtained leave to conclude his remarks, the debate was adjourned until next day of sitting.

 

Mining

(Royalty) Amendment

Bill.

32.

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

 

Postponement

of Business.

33.

Council adjourned at thirty 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. 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. T. G. Roberts

The Hon. J. F. Stefani

The Hon. G. Weatherill

The Hon. N. Xenophon

The Hon. C. Zollo