SOUTH AUSTRALIA]

No. 32

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  11  APRIL  2001

 

 

 

   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 Hon. L. H. Davis brought up the Report of the Statutory Authority Review Committee on an Inquiry into Animal and Plant Control Boards and Soil Conservation Boards.

                 Ordered - That the Report be noted.  (Paper No. 212)

 

Statutory Authority
Review Committee -
Report on an Inquiry
into Animal and
Plant Control
Boards and Soil
Conservation
Boards.

   3.

The President called on Members to make Statements on Matters of Interest.

 

Statements
on Matters
of Interest.

   4.

Ordered - That Notices of Motion (Private Business) No. 1 to No. 5 be Orders of the Day for Wednesday, 2 May 2001.

 

Postponement
of Business.

   5.

The Hon. L. H. Davis, pursuant to notice, moved - That the Report of the Statutory Authority Review Committee on an Inquiry into Animal and Plant Control Boards and Soil Conservation Boards be noted.

                 On motion of the Hon. R. K. Sneath, the debate was adjourned until Wednesday, 2 May 2001.

 

Statutory Authority
Review Committee -
Report on an Inquiry
into Animal and
Plant Control
Boards and Soil
Conservation
Boards to be noted -
Motion re.

   6.

The Hon. T. G. Cameron, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Development Act 1993.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. T. G. Cameron then moved - That this Bill be now read a second time.

                 On motion of the Minister for Transport and Urban Planning, the debate was adjourned until Wednesday, 2 May 2001.

 

Development
(Adult Book/Sex Shops)
Amendment Bill.

   7.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. M. J. Elliott - That the Legislative Council requests that the South Australian Government -

              I.      (a)     Examines whether caffeinated drinks should be banned from sale to minors, in the same manner as tobacco and alcohol;

                       (b)     Promotes caffeinated energy drinks as being unsuitable for the general population, particularly children and caffeine-sensitive people;

 

Caffeinated
Drinks -
Motion re.

 

                       (c)     Endorses proposals by the Australian New Zealand Food Authority for stricter labelling and marketing controls for caffeinated energy drinks; and

             II.      Uses its role on the Australia New Zealand Food Standards Council consisting of Health Ministers, to lobby for the passage of strict food standard regulations to cover formulated caffeinated beverages.:

                 Debate resumed.

                 On motion of the Hon. C. Zollo, the debate was adjourned until Wednesday, 2 May 2001.

 

 

   8.

Ordered - That Order of the Day (Private Business) No. 3 be an Order of the Day for Wednesday, 2 May 2001.

 

Postponement
of Business.

   9.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. I. Gilfillan -

              I.      That, in the opinion of this Council, a Joint Committee be appointed to inquire into and report on the impact of Dairy Deregulation on the industry in South Australia and in so doing, consider -

                       (a)     Was deregulation managed in a fair and equitable manner?

                       (b)     What has been the impact of deregulation on the industry in South Australia?

                       (c)     What is the future prognosis for the deregulated industry?

                       (d)     Other relevant matters.

             II.      That in the event of a Joint Committee being appointed, the Legislative Council be represented thereon by three Members, of whom two shall form a quorum of Council Members necessary to be present at all sittings of the Committee.

            III.      That this Council permits the Joint Committee to authorise the disclosure or publication, as it thinks fit, of any evidence or documents presented to the Committee prior to such evidence being reported to the Council.

            IV.      That a Message be sent to the House of Assembly transmitting the foregoing Resolution and requesting its concurrence thereto.:

                 Debate resumed.

                 The Hon. T. Crothers moved to amend the motion by leaving out paragraph III.

                 On motion of the Hon. R. R. Roberts, the debate was adjourned until Wednesday, 2 May 2001.

 

Deregulation of
Dairy Industry -
Joint Committee on -
Motion re.

 

10.

Ordered - separately - That Orders of the Day (Private Business) No. 5 and No. 6 be Orders of the Day for Wednesday, 2 May 2001.

 

Postponement
of Business.

11.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. S. M. Kanck - That this Council recommends that the Premier should relieve the Treasurer, the Hon.
Robert Lucas, of all responsibility for the South Australian electricity industry and create a Special Minister for Electricity Supply to oversee and facilitate the security and reliability of the industry in this State:

                 Debate resumed.

                 The Hon. R. R. Roberts moved to amend the motion by leaving out all words after “electricity industry”.

                 On motion of the Hon. C. V. Schaefer, the debate was adjourned until Wednesday, 2 May 2001.

 

Creation of
Special Ministry
for Electricity
Supply -
Motion re.

12.

Ordered - separately - That Orders of the Day (Private Business) No. 8 to No. 13 be Orders of the Day for Wednesday, 2 May 2001.

 

Postponement
of Business.

13.

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

                 Debate resumed.

                 On motion of the Hon. R. K. Sneath, the debate was adjourned until Wednesday, 2 May 2001.

 

Dignity in
Dying Bill.

14.

On the Order of the Day being read for the adjourned debate on the motion of the Hon.
N. Xenophon - That the Legislative Review Committee inquire into and report on the operation of section 69A of the Evidence Act 1929, and, in particular, the effect of the publication of names of accused persons on them and their families who are subsequently not convicted or found guilty of any criminal or other offence:

 

Section 69A of
Evidence Act
1929 - Legislative Review Committee
to inquire into
operation of -
Motion re.

 

                 Debate resumed.

                 Question put and passed.

 

 

15.

Ordered - separately - That Orders of the Day (Private Business) No. 16 to No. 23 be Orders of the Day for Wednesday, 2 May 2001.

 

Postponement

16.

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

                 Debate resumed.

                 On motion of the Hon. T. Crothers, the debate was adjourned until Wednesday, 2 May 2001.

 

Freedom of
Information Bill.

17.

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

                 Debate resumed.

                 On motion of the Hon. T. G. Roberts, the debate was adjourned until Wednesday, 2 May 2001.

 

Statutes
Amendment
(Dust-Related
Conditions) Bill.

18.

Ordered - That Order of the Day (Government Business) No. 26 be discharged.

                 The Hon. N. Xenophon then moved - That the Occupational Health, Safety and Welfare (Penalties and Payments) Amendment Bill be withdrawn.

                 Question put and passed.

 

Business
Discharged.
Occupational
Health, Safety and
Welfare (Penalties
and Payments)
Amendment Bill.

 

19.

Ordered - separately - That Orders of the Day (Private Business) No. 27 to No. 30 be Orders of the Day for Wednesday, 2 May 2001.

 

Postponement
of Business.

20.

At two minutes to 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.

21.

The Hon. N. Xenophon, according to order, moved -

              I.      That a Select Committee be established to inquire into and make recommendations on the role and adequacy of Government-funded national broadcasting and to examine the impact of these broadcasters on the South Australian economy and community, and in particular to examine -

                       (a)     The current and long-term distribution of Government-funded national broadcasting resources and the effect of this distribution on South Australia;

                       (b)     The effects on industry, including broadcasting, film and video production and multimedia;

                       (c)     The effects on the arts and cultural life in South Australia, including whether Government-funded national broadcasters adequately service South Australia;

                       (d)     Whether Government-funded national broadcasters adequately service South Australia in respect of South Australian current affairs coverage;

                       (e)     The programming mix available from Government-funded national broadcasters and how programming decisions are made and whether the programming which is delivered is geographically balanced.

             II.      That Standing Order No. 389 be suspended as to enable the Chairperson of the Committee to have a deliberative vote only.

            III.      That this Council permits the Select Committee to authorise the disclosure or publication, as it thinks fit, of any evidence or documents presented to the Committee prior to such evidence being reported to the Council.

            IV.      That Standing Order No. 396 be suspended to enable strangers to be admitted when the Select Committee is examining witnesses unless the Committee otherwise resolves, but they shall be excluded when the Committee is deliberating.

                 And the Hon. N. Xenophon having obtained leave to conclude his remarks, the debate was adjourned until Wednesday, 2 May 2001.

 

Role and Adequacy
of Government-
funded National
Broadcasting -
Appointment of
Select Committee -
Motion re.

 

22.

Ordered - separately - That Orders of the Day (Private Business) No. 32 to No. 36 be Orders of the Day for Wednesday, 2 May 2001.

 

Postponement
of Business.

23.

The Attorney-General, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Land Acquisition Act 1969.

                 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.

 

Land Acquisition
(Native Title)
Amendment Bill.

24.

The Attorney-General, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to ensure that legal representation is available for persons charged with serious offences; and for other purposes.

                 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.

 

Criminal Law
(Legal
Representation)
Bill.

25.

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.

26.

Ordered - That Orders of the Day (Government Business) No. 3 to No. 7 be postponed and taken into consideration after Order of the Day (Government Business) No. 11.

 

Postponement
of Business.

27.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (Avoidance of Duplication of Environmental Procedures) Bill be now read a second time:

                 Debate resumed.

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

 

Statutes
Amendment
(Avoidance of
Duplication of
Environmental
Procedures) Bill.

28.

On the Order of the Day being read for the adjourned debate on the question - That the Electoral (Miscellaneous) Amendment 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.

 

Electoral
(Miscellaneous)
Amendment Bill.

29.

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

                 Debate resumed.

                 On motion of the Hon. L. H. Davis, the debate was adjourned until next day of sitting.

 

Statutes
Amendment
(Local 
Government) Bill.

 

30.

On the Order of the Day being read for the adjourned debate on the question - That the Free Presbyterian Church (Vesting of Property) Bill be now read a second time:

                 Debate resumed.

                 Question put and passed.

                 Bill read a second time.

                 The President ruled that this Bill was a hybrid Bill which must be referred to a Select Committee, pursuant to Standing Order No. 268.

Free Presbyterian
Church (Vesting
of Property) Bill.

 

                 The Attorney-General moved - That the Select Committee consist of the Hon. L. H. Davis, the Hon. P. Holloway, the Hon. A. J. Redford, the Hon. R. R. Roberts and the mover.

                 Question put and passed.

Select Committee
Appointed.

 

 

                 The Attorney-General, without notice, moved - That Standing Order No. 389 be so far suspended as to enable the Chairman to have a deliberative vote only.

                 Question put and passed, without a dissentient voice, there being present an absolute majority of the whole number of Members of the Council.

                 The Attorney-General moved - That this Council permits the Select Committee to authorise the disclosure or publication, as it thinks fit, of any evidence presented to the Committee prior to such evidence being reported to the Council.

                 Question put and passed.

Suspension of
Standing Orders.

 

 

                 The Attorney-General, without notice, moved - That Standing Order No. 396 be so far suspended as to enable strangers to be admitted when the Select Committee is examining witnesses unless the Committee otherwise resolves, but they shall be excluded when the Committee is deliberating.

 

Suspension of
Standing Orders.

 

 

                 Question put and passed, without a dissentient voice, there being present an absolute majority of the whole number of Members of the Council.

                 The Attorney-General moved - That the Select Committee have power to send for persons, papers and records, to adjourn from place to place, and to report on 25 July 2001.

                 Question put and passed.

 

 

  31.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Prostitution (Regulation) Bill.

 

In the Committee

 

                          Clause No. 16 further considered and agreed to.

                          Clause No. 17 agreed to.

                          Clause No. 18 read.

                 The Hon. C. Zollo moved on page 12, line 31, to leave out “, without reasonable excuse,”.

                 Question - That the amendment be agreed to - put.

Prostitution
(Regulation) Bill.

 

             Committee divided:

Ayes, 6

The Hon. P. Holloway

The Hon. R. D. Lawson

The Hon. R. R. Roberts

The Hon. C. V. Schaefer

The Hon. R. K. Sneath

The Hon. C. Zollo (Teller)

 

 

 

 

 

 

 

 

      So it passed in the negative.

 

Noes, 14

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. S. M. Kanck

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. N. Xenophon

The Hon. D. V. Laidlaw (Teller)

 

 

 

 

                          Clause No. 18 agreed to.

                          Clause No. 19 read.

                 The Hon. A. J. Redford moved on page 13, lines 3 to 12, to leave out the clause and insert new clause as follows:

                  Powers of police officers

                          19. (1) For the purposes of the administration or enforcement of this Act, the Development Act 1993 in so far as that Act applies to a development involving the establishment or use of premises as a brothel, or an offence related to prostitution, a police officer may—

                          (a)        if the officer has reasonable cause to suspect that premises are being, have been or are intended to be, used for the purposes of a sex business—at any time, enter and search the premises;

                          (b)        require a person who has custody or control of books, documents or records—

                                        (i)        to produce or to provide a copy of the books, documents or records; or

                                        (ii)       to produce documents that reproduce in a readily understandable form information kept by computer, microfilm or other process;

                          (c)        examine, copy and take extracts from any books, documents or records;

                          (d)        take photographs, films or video or audio recordings;

                          (e)        require any person to answer, to the best of that person's knowledge, information and belief, any relevant question (whether the question is put directly or through an interpreter).

                          (2) The power to enter and search premises under subsection (1) must not be exercised except with the consent of the occupier or on the authority of a warrant issued by a senior police officer.

 

 

 

                          (3) A person is not required to provide under subsection (1)—

                          (a)        information that is privileged on the ground of legal professional privilege; or

                          (b)        information that is relevant to proceedings that have been commenced under this Act or for an offence related to prostitution; or

                          (c)        information that would tend to incriminate the person who has the information of an offence; or

                          (d)        personal information regarding the health of a person who does not consent to the disclosure of the information.”

                 Question - That clause No. 19 stand as printed - put.              

 

 

             Committee divided:

Ayes, 9

The Hon. J.S.L. Dawkins

The Hon. M. J. Elliott

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. R. D. Lawson

The Hon. C. A. Pickles

The Hon. T. G. Roberts

The Hon. J. F. Stefani

The Hon. K. T. Griffin (Teller)

 

      So it passed in the negative.

 

Noes, 10

The Hon. L. H. Davis

The Hon. P. Holloway

The Hon. D. V. Laidlaw

The Hon. R. I. Lucas

The Hon. R. R. Roberts

The Hon. C. V. Schaefer

The Hon. R. K. Sneath

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. A. J. Redford (Teller)

 

 

 

 

                          Clause No. 19 struck out.

                          New clause No. 19 inserted.

                          Clause No. 20 read.

                 The Hon. A. J. Redford moved on page 13, line 14, to leave out “magistrate” and insert “senior police officer”, on page 13, line 22, to leave out “magistrate” and insert “senior police officer” and on page 13, line 24, to leave out “magistrate” and insert “senior police officer”.

                 Question - That the amendments be agreed to - put.

 

 

             Committee divided:

Ayes, 11

The Hon. L. H. Davis

The Hon. P. Holloway

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. R. R. Roberts

The Hon. C. V. Schaefer

The Hon. R. K. Sneath

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. A. J. Redford (Teller)

      So it was resolved in the affirmative.

 

Noes, 8

The Hon. J.S.L. Dawkins

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. J. F. Stefani

The Hon. K. T. Griffin (Teller)

 

 

 

 

                          Clause No. 20, as amended and otherwise amended, agreed to.

                          Clause No. 21 amended and agreed to.

                          Clause No. 22 amended and agreed to.

                          Clause No. 23 struck out.

                          Clauses No. 24 and No. 25 agreed to.

                 The Hon. P. Holloway moved on page 17, after line 4, to insert new clause No. 25A as follows:

                  “Evidentiary aid relating to brothels

                          25A. If in proceedings under this Act—

                          (a)        it is alleged that premises were at a specified time a brothel; and

                          (b)        the evidence—

                                        (i)       establishes the commission of an act of prostitution on the premises at the specified time; and

                                        (ii)      leads to a reasonable inference that the premises were being used as a brothel at the specified time,

                  the premises will be presumed to have been a brothel at the specified time unless the defendant establishes the contrary.”

 

 

 

                 Question - That new clause No. 25A, as proposed to be inserted by the Hon. P. Holloway, be so inserted - put and negatived.

                          Clause No. 26 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.

 

 

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.

Ordered - That the Council, at its rising, do adjourn until Tuesday, 1 May 2001, at fifteen minutes past two o’clock.

 

Next Day
of Sitting.

 

34.

Council adjourned at twenty five minutes past eleven o’clock until Tuesday, 1 May 2001, 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. R. K. Sneath

The Hon.  J. F. Stefani

The Hon. N. Xenophon

The Hon. C. Zollo