SOUTH AUSTRALIA]

No. 42

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY  11  JULY  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. 7.

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

                 No. 30 of 2000 - An Act to amend the Motor Vehicles Act 1959.

                 No. 31 of 2000 - An Act to amend the Criminal Law Consolidation Act 1935.

                 No. 32 of 2000 - An Act to provide for the collection of samples from State competitors for testing for scheduled drugs and doping methods; to confer functions and powers on the Australian Sports Drug Agency in relation to collecting and testing those samples; and for other related purposes.

                 No. 33 of 2000 - An Act to amend the Young Offenders Act 1993.

                 No. 34 of 2000 - An Act to amend the South Australian Health Commission Act 1976 and to make related amendments to the Ambulance Services Act 1992, the Blood Contaminants Act 1985, the Children’s Services Act 1985, the Controlled Substances Act 1984, the Cremation Act 1891, the Drugs Act 1908, the Food Act 1985, the Guardianship and Administration Act 1993, the Housing Improvement Act 1940, the Institute of Medical and Veterinary Science Act 1982, the Medical Practitioners act 1983, the Mental Health Act 1993, the Public and Environmental Health Act 1987, the Radiation Protection and Control Act 1982, the Reproductive Technology Act 1988, the Sexual Reassignment Act 1988, the Supported Residential Facilities Act 1992, the Tobacco Products Regulation Act 1997 and the Transplantation and Anatomy Act 1983.

                 No. 35 of 2000 - An Act to amend the Liquor Licensing (Regulated Premises) Amendment Act 2000.

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

 

Message from

Governor:

Assent to Bills.

 

   3.

Answers to Questions on Notice Nos. 91, 93, 94, 100, 102 and 105 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 Treasurer (The Hon. R. I. Lucas) -

                 Casino Act 1997 -

                          Variation of Approved Licensing Agreement.

                          Variation of Approved Licensing Agreement - First Amending Agreement.

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

                 Regulation under the following Act -

                          Criminal Law Consolidation Act 1935 - Termination of Pregnancy Variation.

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

                 Regulations under the following Acts -

                          Controlled Substances Act 1984 -

                                   Drugs of Dependence Variation.

                                   Pest Control Variation.

                                   Poisons Variation.

                                   Research Permits.

                                   Variation of Interpretation.

                          Local Government Act 1934 - Cemetery Variation.

                          Mental Health Act 1993 - Transport of Patients Variation.

                          Public and Environmental Health Act 1987 - Waste Control Variation.

                          Radiation Protection and Control Act 1982 -

                                   Summary of Provisions.

                                   Transport of Radioactive Substances Variation.

                          Reproductive Technology Act 1988 - Code of Ethical Clinical Practice Variation.

                          Sexual Reassignment Act 1988 - Administrative Arrangements Variation.

                          South Australian Health Commission Act 1976 -

                                   Cancer Variation.

                                   Pregnancy Outcome Statistics Variation.

                                   Private Hospitals Variation.

                 Actuarial Investigation of the Local Government Superannuation Scheme - Report, 30 June 1999.

 

Papers.

 

   5.

The Hon. A. J. Redford brought up the Report of the Legislative Review Committee on Regulations made under the Native Vegetation Act 1991 concerning Exemptions, together with Minutes of Evidence.

 

Legislative Review

Committee - Report

on Regulations
made under the
Native Vegetation
Act 1991 concerning
Exemptions.

 

 

   6.

The Minister for Transport and Urban Planning tabled a copy of a Ministerial Statement made by the Minister for Human Services (The Hon. D. C. Brown, M.P.) concerning the Report to Parliament on Palliative Care in South Australia 2000, together with the Report.

 

Paper Tabled.

 

   7.

The Attorney-General, pursuant to notice, moved - That the Native Title (South Australia) (Validation and Confirmation) Amendment Bill be now read a second time.

                 Debate ensued.

                 Question put.

            Council divided:

Native Title
(South Australia) (Validation and Confirmation) 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. C. V. Schaefer

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 C. A. Pickles

The Hon. R. R. Roberts

The Hon. T. G. Roberts

The Hon. C. Zollo

The Hon. S. M. Kanck (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.

 

 

 

   8.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 10 be postponed and taken into consideration after Order of the Day (Government Business) No. 11.

 

Postponement
of Business.

 

   9.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Controlled Substances (Drug Offence Diversion) Amendment Bill.

 

In the Committee

 

                          Clause No. 1 struck out.

                          Clause No. 2 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.

 

Controlled Substances
(Drug Offence Diversion) Amendment Bill.

 

10.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 5 be postponed and taken into consideration after Order of the Day (Government Business) No. 6.

 

Postponement
of Business.

 

11.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Petroleum Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 3 agreed to.

                          Clause No. 4 amended and agreed to.

                          Clauses No. 5 to No. 42 agreed to.

                          Clause No. 43 amended and agreed to.

                          Clauses No. 44 to No. 47 agreed to.

                          Clause No. 48 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.

 

Petroleum Bill.

 

12.

At 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.

 

 

13.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Petroleum Bill.

 

In the Committee

 

                          Clause No. 48 further considered and agreed to.

                          Clauses No. 49 to No. 70 agreed to.

                          Clause No. 71 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.

 

Petroleum Bill.

 

14.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 5, No. 7 to No. 10 and No. 12 to No. 15 be postponed and taken into consideration after Order of the Day (Government Business) No. 16.

 

Postponement
of Business.

 

15.

On the Order of the Day being read for the adjourned debate on the question - That the Ground Water (Qualco-Sunlands) Control Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. A. J. Redford, the debate was adjourned and ordered to be resumed on motion.

 

Ground Water
(Qualco-Sunlands)
Control Bill.

 

16.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Petroleum Bill.

 

In the Committee

 

                          Clause No. 71 further considered and agreed to.

                          Clauses No. 72 to No. 74 agreed to.

                          New clause No. 74A inserted.

                          Clauses No. 75 to No. 93 agreed to.

                          Clause No. 94 amended and agreed to.

                          Clauses No. 95 to No. 98 agreed to.

                          Clause No. 99 amended and agreed to.

                          Clause No. 100 agreed to.

                          Clause No. 101 read.

                 The Hon. S. M. Kanck moved on page 47, line 33, to leave out “30” and insert “60”.

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

                          Clause No. 101 agreed to.

                          Clauses No. 102 to No. 104 agreed to.

                          Clause No. 105 amended and agreed to.

                          Clause No. 106 amended and agreed to.

                          Clause No. 107 amended and agreed to.

                          Clauses No. 108 to No. 114 agreed to.

                          Clause No. 115 amended and agreed to.

                          Clauses No. 116 to No. 121 agreed to.

                          Clause No. 122 amended and agreed to.

                          Clauses No. 123 and No. 124 agreed to.

                          Clause No. 125 amended and agreed to.

                          Clauses No. 126 to No. 132 agreed to.

                          Clause No. 133 amended and agreed to.

                          Clauses No. 134 to No. 137 agreed to.

                          Schedule 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 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.

                 The Attorney-General then moved - That this Bill be now read a third time.

                 Debate ensued.

                 Question put and passed.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

Petroleum Bill.

 

17.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 5 and No. 7 and No. 8 be postponed and taken into consideration after Order of the Day (Government Business) No. 10.

 

Postponement
of Business.

 

18.

The Council, according to order, resolved itself into a Committee of the Whole for the  consideration of the South Australian Forestry Corporation Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 14 agreed to.

                          Clause No. 15 read.

                 The Hon. P. Holloway moved on page 8, line 7, to leave out “An” and insert “Subject to subsection (4), an” and on page 8, after line 8, to insert the following:

              “(4) The Corporation must not, in fixing terms and conditions of employment by the Corporation, discriminate between employees appointed after the commencement of this Act and those transferred to its employment in accordance with Schedule 1.”

                          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.

 

South Australian Forestry
Corporation Bill.

 

19.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Forest Property Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 14 agreed to.

                          Clause No. 15 read.

                 The Hon. I. Gilfillan moved on page 10, after line 12, to insert the following:

                          “(4) However, a licence cannot operate to the exclusion of a law governing the manner in which operations are to be carried out unless the law is so restrictive as to amount, in effect, to a prohibition of the operations.

                          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.

 

Forest Property

Bill.

 

20.

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

Message No. 92

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Highways Act 1926, with the amendments indicated by the annexed Schedule, to which amendments the House of Assembly desires the concurrence of the Legislative Council.

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

 

Messages from House of Assembly:
Highways (Miscellaneous) Amendment Bill.

 

 

 

Schedule of the amendments made by the House of Assembly

No. 1.         Clause 4, page 5, lines 19 to 25—Leave out the definition of "shadow tolling payment scheme".

No. 2.         New clause No 27 - Page 13, after line 21 insert new clause 27 as follows:

                    Substitution of s. 31 and heading

                      27. Section 31 of the principal Act and the heading above that section are repealed and the following section is substituted:

                                        Highways Fund

                                                   31. (1) The Highways Fund continues in existence.

                                        (2) The Fund consists of—

                                 (a)      money paid into the Fund as required or authorised by this Act or any other Act; and

                                 (b)      loans raised and appropriated for purposes of the Fund; and

                                 (c)      any money (including interest) paid into the Fund to defray the cost of operations referred to in section 32(1)(g); and

                                 (d)      any money (including interest) repaid by a council under section 32(1)(h); and

                                 (e)      any other money received in repayment of money disbursed from the Fund or otherwise received under this Act; and

                                 (f)       any amounts paid by way of fees or charges for the use of any ferry or sea transport service operated under this Act.

                                        (3) The Treasurer must, at least once every three months, pay into the Fund the sum of all money collected or received in respect of licence fees and registration fees under the Motor Vehicles Act 1959 after deducting from that sum such amount as is necessary to pay, during the financial year in which that money is collected or received—

                                        (a)     any interest on the debit balance for the time being outstanding in accounts of the Treasurer in respect of loans raised for roads and bridges; and

 

 

 

 

                                        (b)     any expenses incurred in connection with statutory or administrative powers, duties or functions exercised or performed by or under the direction of the Registrar of Motor Vehicles.

                                        (4) The Treasurer may in any financial year advance out of the Consolidated Account and pay into the Fund any sum not exceeding the amount that the Treasurer anticipates will, in that financial year, be received or collected and be payable to the Fund under subsection (3).

                                        (5) If an amount is paid into the Fund under subsection (4), that amount must be deducted from the amount to be paid into the Fund under subsection (3) during the relevant financial year.

No. 3.         New clause No 28 - Page 13, after line 21 insert new clause 28 as follows:

                   Amendment of s. 31A—Adjustment of Highways Fund

                          28. Section 31A of the principal Act is amended—

                                        (a)     by striking out from subsections (1) and (2) "Loan Fund" and substituting, in each case, "Consolidated Account";

                                        (b)     by striking out from subsection (3) "Revenue".

No. 4.         New clause No 29 - Page 13, after line 21 insert new clause 29 as follows:

                   Amendment of s. 32—Application of Highways Fund

                          29. Section 32 of the principal Act is amended—

                                        (a)     by striking out paragraph (c) of subsection (1); and

                                        (b)     by striking out paragraphs (e) and (f) of subsection (1) and substituting the following paragraph:

                                                   (e)    in paying any grants to councils authorised by the Minister to be paid out of the Fund; and;

                                        (c)     by striking out from subsection (1)(h) all the words appearing after "water".

No. 5.         New clause No 31 - Page 15, after line 20 insert new clause 31 as follows:

                   Substitution of Part 3A

                          31. Part 3A of the principal Act is repealed and the following Part is substituted:

PART 3A

GILLMAN HIGHWAY—THIRD PORT RIVER CROSSING PROJECT

Interpretation

           39A. (1) In this Part—

                          "Gillman Highway" means a road on land specified by proclamation under subsection (2), including a third bridge over the Port River (the "Third Port River Crossing");

                          "Project" means—

                                        (a)     the design, construction, operation, maintenance and repair of Gillman Highway; and

                                        (b)     the financing of any activity referred to in paragraph (a).

                          "Project Agreement" means an agreement, made by the Commissioner with the approval of the Minister, under which another person (the "private participant") undertakes the whole or any part of the Project on behalf of the Commissioner;

                          "Project property" means—

                                        (a)     land specified by proclamation under subsection (2) or acquired by the Commissioner for the purposes of the Project;

                                        (b)     any structures or things constructed or acquired for the purposes of the Project;

                          "relevant council", in relation to Project property, means the council in whose district the property is situated.

                                        (2) The Governor may—

                          (a)        by proclamation, specify land for the purposes of the definition of "Gillman Highway";

                          (b)        by subsequent proclamation, vary a proclamation under this subsection.

Status of Gillman Highway

           39B. Gillman Highway will be regarded—

                          (a)        as a public road for all purposes;

                          (b)        as a highway for the purposes of Part 2 of Chapter 11 of the Local Government Act 1999.

 

 

 

 

Gillman Highway not to vest in council

           39C. Despite the provisions of the Real Property Act 1886 or any other Act, neither Gillman Highway nor any part of Gillman Highway will vest in fee simple in the relevant council unless the Commissioner, by order under this Part, vests it in the council.

Care, control and management of Gillman Highway

           39D. The Commissioner will have the care, control and management of Gillman Highway subject to any order of the Commissioner under this Part.

Power to obstruct right of navigation

           39E. (1) The Commissioner or, in accordance with the terms of the Project Agreement, the private participant may, for the purpose of carrying out work in relation to the Third Port River Crossing, obstruct temporarily any right of navigation.

           (2) No claim lies against the Crown, the Commissioner, the private participant or any agency or instrumentality of the Crown arising out of any obstruction of a right of navigation by reason of roadwork under this section.

Dealings with property under Project Agreement

           39F. (1) The Commissioner may, by written order, do one or more of the following:

                          (a)        in accordance with the terms of the Project Agreement, transfer to and vest in any of the following Project property (including an estate in fee simple in land):

                                         (i)      the private participant;

                                        (ii)      a person nominated for the purpose in the Project Agreement;

                                       (iii)      the Commissioner;

                                       (iv)      the relevant council;

                          (b)        in accordance with the terms of the Project Agreement—

                                         (i)      grant a lease, licence or other interest or right in respect of Project property to the private participant or a person nominated for the purpose in the Project Agreement;

                                        (ii)      vary or terminate a lease, licence or other interest or right that has been granted under this section;

                          (c)        in accordance with the terms of the Project Agreement, declare that the Third Port River Crossing or a structure that is part of Project property is for all purposes to be regarded as personal property severed from the land to which it is affixed or annexed and owned separately from the land;

                          (d)        in accordance with the terms of the Project Agreement, declare that the private participant has the care, control and management of all or part of Gillman Highway for the purposes of this Act or any other Act for a specified period or until further order of the Commissioner.

           (2) An order may be made by the Commissioner under this section in respect of Project property—

                          (a)        that is owned by the Commissioner, the Crown or an agency or instrumentality of the Crown; or

                          (b)        that has, by order under this section, been transferred to and vested in the private participant or a person nominated for the purpose in the Project Agreement,

(and if the Commissioner makes an order in respect of property not owned by the Commissioner, the Commissioner is to be taken to be acting as the agent of the owner of the property).

           (3) An order of the Commissioner under this section takes effect on the date of the order or a later date specified in the order.

           (4) An order of the Commissioner under this section has effect according to its terms by force of this section and despite the provisions of any other law.

           (5) The Registrar-General or any other authority required or authorised under a law of the State to register or record transactions relating to land, or documents relating to such transactions, must, on application by the Commissioner or a person nominated by the Commissioner for the purpose, register or record a transfer and vesting, grant, variation or termination effected by an order of the Commissioner under this section.

 

 

 

 

           (6) No stamp duty is payable under a law of the State in respect of a transfer and vesting, grant, variation or termination effected by an order of the Commissioner under this section, and no person has an obligation under such a law to lodge a statement or return relating to such a transaction or include information about such a transaction in a statement or return.

Payments to private participant

           39G. The Project Agreement may provide for the private participant to retain the proceeds of tolling under this Part (including expiation fees and prescribed reminder notice fees paid in respect of alleged offences against this Part).

Toll for access by motor vehicles to the Third Port River Crossing

           39H. (1) The Minister may, by notice in the Gazette, fix a toll for access by motor vehicles to the Third Port River Crossing (the toll being of an amount that may vary according to the type of vehicle or any other factor specified in the notice).

           (2) The Minister may, by further notice in the Gazette, vary or revoke a toll fixed under subsection (1).

           (3) A toll fixed under subsection (1) (including expiation fees and prescribed reminder notice fees paid in respect of alleged offences against this Part)—

                          (a)        may be collected by the Commissioner and paid into the Highways Fund; or

                          (b)        if the Project Agreement so provides—

                                         (i)      may be collected by the private participant on behalf of the Commissioner and be paid into the Highways Fund; or

                                        (ii)      may be collected and retained by the private participant.

           (4) A person must not, unless exempted under this section, drive a motor vehicle on the Third Port River Crossing without paying the appropriate toll (if any) fixed under subsection (1).

Maximum penalty:            $1 250.

Expiation fee:                     $160.

           (5) A toll fixed under subsection (1) is not payable in respect of—

                          (a)        an emergency vehicle; or

                          (b)        a motor vehicle owned or driven by a person, or a person of a specified class, exempted by the Minister from the operation of this section; or

                          (c)        a motor vehicle, or a motor vehicle of a specified class, exempted by the Minister from the operation of this section.

           (6) An exemption under subsection (5)(b) or (c)

                          (a)        must be given by notice in the Gazette;

                          (b)        may be given on conditions determined by the Minister.

           (7) The Minister may, by further notice in the Gazette

                          (a)        vary or revoke an exemption under subsection (5)(b) or (c);

                          (b)        vary or revoke a condition of an exemption under that subsection.

           (8) A person must not contravene or fail to comply with a condition imposed under subsection (6).

Maximum penalty:            $1 250.

Expiation fee:                     $160.

           (9) The Minister may authorise a person or body to carry out such works as the Minister thinks fit in relation to the operation of this section.

           (10) Works authorised under subsection (9) may include—

                          (a)        the erection or installation of devices for the collection of tolls; and

                          (b)        the erection or installation of notices or signs; and

                          (c)        the erection or installation of traffic control devices.

           (11) A person must not operate a device erected or installed for the purposes of this section contrary to any operating instructions displayed on or in the vicinity of the device.

Maximum penalty:            $1 250.

Expiation fee:                     $160.

           (12) A person must not intentionally deface, damage or interfere with a device erected or installed for the purposes of this section.

Maximum penalty:            $5 000 or imprisonment for one year.

           (13) If the Project Agreement so provides—

                          (a)        a person authorised in writing by the private participant may give expiation notices for alleged offences against this Part;

 

 

 

 

                          (b)        the private participant is to be taken to be an issuing authority for the purposes of the Expiation of Offences Act 1996 in relation to alleged offences against this Part.

           (14) In this section—

"emergency vehicle" has the meaning given by the regulations.

Liability of vehicle owners and expiation of certain offences

           39I. (1) In this section—

                          "operator", in relation to a motor vehicle, means a person registered or recorded as the operator of the vehicle under the Motor Vehicles Act 1959 or a similar law of the Commonwealth or another State or a Territory of the Commonwealth;

                          "owner", in relation to a motor vehicle, means—

                                        (a)     a person registered or recorded as an owner of the vehicle under the Motor Vehicles Act 1959 or a similar law of the Commonwealth or another State or a Territory of the Commonwealth; and

                                        (b)     a person to whom a trade plate, a permit or other authority has been issued under the Motor Vehicles Act 1959 or a similar law of the Commonwealth or another State or a Territory of the Commonwealth, by virtue of which the vehicle is permitted to be driven on roads; and

                                        (c)     a person who has possession of the vehicle by virtue of the hire or bailment of the vehicle,

                          and includes the operator of the vehicle.

           (2) Without derogating from the liability of any other person, but subject to this section, if a motor vehicle is involved in an offence against section 39H(4) or (8), the owner of the vehicle is guilty of an offence and liable to the same penalty as is prescribed for the principal offence and the expiation fee that is fixed for the principal offence applies in relation to an offence against this section.

           (3) The owner and driver of a motor vehicle are not both liable through the operation of this section to be convicted of an offence arising out of the same circumstances, and consequently conviction of the owner exonerates the driver and conversely conviction of the driver exonerates the owner.

           (4) An expiation notice or expiation reminder notice given under the Expiation of Offences Act 1996 to the owner of a motor vehicle for an alleged offence against this section involving the vehicle must be accompanied by a notice inviting the owner, if he or she was not the driver at the time of the alleged offence against section 39H(4) or (8), to provide the person specified in the notice, within the period specified in the notice, with a statutory declaration—

                          (a)        setting out the name and address of the driver; or

                          (b)        if he or she had transferred ownership of the vehicle to another prior to the time of the alleged offence and has complied with the Motor Vehicles Act 1959 in respect of the transfer setting out details of the transfer (including the name and address of the transferee).

           (5) Before proceedings are commenced against the owner of a motor vehicle for an offence against this section involving the vehicle, the complainant must send the owner a notice—

                          (a)        setting out particulars of the alleged offence against section 39H(4) or (8); and

                          (b)        inviting the owner, if he or she was not the driver at the time of the alleged offence against section 39H(4) or (8), to provide the complainant, within 21 days of the date of the notice, with a statutory declaration setting out the matters referred to in subsection (4).

           (6) Subsection (5) does not apply to—

                          (a)        proceedings commenced where an owner has elected under the Expiation of Offences Act 1996 to be prosecuted for the offence; or

                          (b)        proceedings commenced against an owner of a motor vehicle who has been named in a statutory declaration under this section as the driver of the vehicle.

           (7) Subject to subsection (8), in proceedings against the owner of a motor vehicle for an offence against this section, it is a defence to prove—

                          (a)        that, in consequence of some unlawful act, the vehicle was not in the possession or control of the owner at the time of the alleged offence against section 39H(4) or (8); or

 

 

 

 

                          (b)        that the owner provided the complainant with a statutory declaration in accordance with an invitation under this section.

           (8) The defence in subsection (7)(b) does not apply if it is proved that the owner made the declaration knowing it to be false in a material particular.

           (9) If—

                          (a)        an expiation notice is given to a person named as the alleged driver in a statutory declaration under this section; or

                          (b)        proceedings are commenced against a person named as the alleged driver in such a statutory declaration,

the notice or summons, as the case may be, must be accompanied by a notice setting out particulars of the statutory declaration that named the person as the alleged driver.

           (10) In proceedings against a person named in a statutory declaration under this section for the offence to which the declaration relates, it will be presumed, in the absence of proof to the contrary, that the person was the driver of the motor vehicle at the time at which the alleged offence was committed.

           (11) In proceedings against the owner or driver of a motor vehicle for an offence against this Part, an allegation in the complaint that a notice was given under this section on a specified day will be accepted as proof, in the absence of proof to the contrary, of the facts alleged.

Application of Part

           39J. This Part does not apply in relation to a Project Agreement unless a detailed description of the Project and its funding has been referred to the Public Works Committee of the Parliament for its inquiry and consideration.

No. 6.         Clause 32, page 22, line 16—Leave out "either temporarily or permanently" and insert:

                          temporarily

G. D. MITCHELL, Clerk of the House of Assembly.

                 Ordered - That the Message be taken into consideration on motion.

 

 

 

 

Message No. 93

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Native Title (South Australia) Act 1994, without any amendment.

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

 

Native Title
(South Australia) (Miscellaneous) Amendment Bill.

 

 

 

Message No. 94

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Associations Incorporations Act 1985, the Correctional Services Act 1982, the Crimes at Sea Act 1998, the Criminal Injuries Compensation Act 1978, the Criminal Law Consolidation Act 1935, the Criminal Law (Forensic Procedures) Act 1998, the Criminal Law (Sentencing) Act 1988, the Election of Senators Act 1903, the Environment, Resources and Development Court Act 1993, the Evidence Act 1929, the Expiation of Offences Act 1996, the Magistrates Court Act 1991, the Real Property Act 1886, the Wills Act 1936 and the Young Offenders Act 1993; and to repeal the Australia Acts (Request) Act 1999, with the amendments indicated by the annexed Schedule, to which amendments the House of Assembly desires the concurrence of the Legislative Council.

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

 

Statutes
Amendment
and Repeal
(Attorney-General’s Portfolio) Bill.

 

 

Schedule of the amendments made by the House of Assembly

No. 1.       New Clause - Page 5, after line 16, insert new clause as follows:-

Amendment of s. 7 – Application for compensation

           10A.  Section 7 of the principal Act is amended by inserting after subsection (9) the following subsection:

                                               (9aa) The court must not, however, make an order for compensation in

favour of a victim if the injury to the victim occurred while the victim was engaged in behaviour constituting an offence against a person or property (or both) or was trespassing on land or premises with the intention of committing such an offence.

No. 2.       New Clause - Page 5, after line 32, insert new clause as follows:-

Amendment of s. 11 – Payment of compensation, etc. by the Attorney-General

           11A.  Section 11 of the principal Act is amended by inserting after subsection (3) the following subsection:

         (3a) However, the Attorney-General must not make an ex gratia payment to a victim if the injury to the victim occurred while the victim was engaged in behaviour constituting an offence against a person or property (or both) or was trespassing on land or premises with the intention of committing such an offence.

G. D. MITCHELL, Clerk of the House of Assembly.

        Ordered - That the Message be taken into consideration on next day of sitting.

 

 

 

21.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 5, No. 7, No. 8 and No. 12 be postponed and taken into consideration after Order of the Day (Government Business) No. 14.

 

Postponement
of Business.

 

22.

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

                 Debate resumed.

_____________________

 

And it being twelve of the clock:

WEDNESDAY 12 JULY 2000

_____________________

 

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

 

Racing
(Controlling Authorities) Amendment Bill.

 

23.

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

Message No. 95

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Gaming Machines Act 1992, to which it desires the concurrence of the Legislative Council.

House of Assembly, 11 July 2000.                                                                    J.K.G. OSWALD, Speaker.         Bill read a first time.

                 Ordered - That the second reading be an Order of the Day for next day of sitting.

 

Message from House of Assembly:
Gaming Machines (Freeze on Gaming Machines)
Amendment Bill.

 

 

24.

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

 

Postponement
of Business.

 

25.

Council adjourned at fifteen minutes past one o’clock a.m. 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. N. Xenophon

The Hon. C. Zollo