[SOUTH AUSTRALIA]

No. 25

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  12  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.

The Hon. S. M. Kanck presented Petition No. 18 from 10,508 residents of South Australia concerning access by legally blind South Australian citizens to the South Australian Transport Taxi Subsidy Scheme and praying that this Honourable House will use its powers and allow legally blind citizens of South Australia to access benefits of the South Australian Transport Taxi Subsidy Scheme.  The Scheme would provide legally blind citizens of South Australia with vouchers to subsidise their taxi fares, thereby bringing South Australia into line with the majority of other States and Territories.

 

Petition - No. 18 -South Australian

Taxi Subsidy

Scheme.

   3.

The Hon. A. J. Redford brought up the Fourteenth Report, 1999-2000 of the Legislative Review Committee, which was read by the Clerk as follows:-

                 The Regulations listed hereunder are at present being considered by the Legislative Review Committee.  Evidence is being taken on these matters and it is necessary for a Notice of Motion for Disallowance to be given in both Houses before the expiration of 14 sitting days to allow the Committee time to complete its deliberations.

                 Honourable Members are warned that after further consideration has been given to the Regulations, the Committee may decide to take no further action.

                 Regulations referred to:

                          Road Traffic Act 1961 - Road Rules - Miscellaneous.

                          Road Traffic Act 1961 - Road Rules - Reader’s Guide.

                          Native Vegetation Act 1991 - Exemptions.

 

Legislative

Review

Committee -

Fourteenth

Report,

1999-2000.

 

   4.

The Hon. A. J. Redford brought up the Fifteenth Report, 1999-2000 of the Legislative Review Committee.

 

Legislative

Review

Committee -

Fifteenth Report

1999-2000.

 

   5.

The Minister for Transport and Urban Planning (The Hon. D. V. Laidlaw), while making a Ministerial Statement, tabled a copy of the Report on the Review of School Zones by the School Zone Review Group.

 

Paper Tabled.

 

   6.

The Minister for Disability Services (The Hon. R. D. Lawson), by leave and without notice, moved - That, pursuant to sections 29, 30, 34 and 58 of the Industrial and Employee Relations Act 1994, the nominee of this Council to the panel to consult with the Minister about appointments to the Industrial Relations Commission of South Australia and the Employee Ombudsman be the Hon. A. J. Redford.

                 Question put and passed.

 

Industrial and Employee Relations Act 1994 - Appointment of the Hon. A. J. Redford

to consulting

panel -

Motion re.

 

   7.

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

 

Statements

on Matters

of Interest.

 

   8.

The Hon. R. R. Roberts, pursuant to notice, moved - That the Regulations under the Plumbers, Gasfitters and Electricians Act 1995, concerning Exemptions, made on 28 October 1999 and laid on the Table of this Council on 9 November 1999, be disallowed.

                 And the Hon. R. R. Roberts having obtained leave to conclude his remarks, the debate was adjourned until Wednesday, 3 May 2000.

 

Plumbers, Gasfitters and Electricians Act 1995 - Regulations -Exemptions -

Motion for disallowance of.

 

   9.

Ordered - That Order of the Day (Private Business) No. 1 be postponed and taken into consideration on motion.

 

Postponement

of Business.

10.

Ordered - separately - That Orders of the Day (Private Business) No. 2 to No. 5 be Orders of the Day for Wednesday, 3 May 2000.

 

Postponement

of Business.

11.

Ordered - That Order of the Day (Private Business) No. 6 be postponed and taken into consideration on motion.

 

Postponement

of Business.

12.

Ordered - separately - That Orders of the Day (Private Business) No. 7 to No. 9 be Orders of the Day for Wednesday, 3 May 2000.

 

Postponement

of Business.

13.

Ordered - That Order of the Day (Private Business) No. 10 be discharged.

 

Business

Discharged.

 

14.

Ordered - separately - That Orders of the Day (Private Business) No. 11 to No. 17 be Orders of the Day for Wednesday, 3 May 2000.

 

Postponement

of Business.

15.

Ordered - That Order of the Day (Private Business) No. 18 be postponed and taken into consideration on motion.

 

Postponement

of Business.

 

16.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. M. J. Elliott - That this Council expresses concern over the pressure placed on school councils and school communities to enter Partnerships 21 rapidly without a chance to properly assess the impact on their schools in both the long and short term:

                 Debate resumed.

                 On motion of the Hon. S. M. Kanck, the debate was adjourned until Wednesday, 3 May 2000.

 

Partnerships 21 -Motion re.

17.

Ordered - That Order of the Day (Private Business) No. 20 be an Order of the Day for Wednesday, 3 May 2000.

 

Postponement

of Business.

18.

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

 

Postponement

of Business.

19.

On the Order of the Day being read for the adjourned debate on the motion of the Hon.
C. V. Schaefer - That the Report of the Social Development on an Inquiry into the Voluntary Euthanasia Bill 1996, be noted:

                 Debate resumed.

                 Question put and passed.

 

Social Development Committee -

Report on an

Inquiry into the Voluntary Euthanasia Bill 1996 to be noted -

Motion re.

 

20.

Ordered - That the adjourned debate on the motion of the Hon. N. Xenophon - That this Council agrees to the following -

 

Travel Reports

of Members of Parliament  -

Motion re.

 

         I.     That Travel Reports of Members of Parliament be tabled in Parliament and be made available on the Parliamentary Internet site within 14 days of any such Reports being provided to the Presiding Officers as required under the Members of Parliament Travel Entitlement Rules.

        II.     That this Resolution be transmitted to the House of Assembly for its concurrence - be now resumed.

                 Debate resumed.

                 The Hon. L. H. Davis moved to amend the motion by leaving out in Paragraph I the words “That Travel Reports of Members of Parliament be tabled in Parliament and be made available” and inserting “That a synopsis of any overseas travel report of a Member of Parliament, including places visited and objectives of the travel, shall be prepared by the Member and published”.

                 On motion of the Hon. C. A. Pickles, the debate was adjourned and made an Order of the Day for Wednesday, 3 May 2000.

 

 

21.

Ordered - separately - That Orders of the Day (Private Business) No. 23 and No. 24 be Orders of the Day for Wednesday, 3 May 2000.

 

Postponement

of Business.

22.

On the Order of the Day being read for the adjourned debate on the question - That the Report of the Auditor-General, 1998-99, be noted:

                 Question put and passed.

 

Report of the

Auditor-General,

1998-99

to be noted -

Motion re.

 

23.

Ordered - That Order of the Day (Private Business) No. 26 be postponed and taken into consideration on motion.

 

Postponement

of Business.

24.

Ordered - That Order of the Day (Private Business) No. 27 be an Order of the Day for Wednesday,
3 May 2000.

 

Postponement

of Business.

25.

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

                 Debate resumed.

                 On motion of the Hon. J.S.L. Dawkins, the debate was adjourned and ordered to be resumed on motion.

 

Casino

(Miscellaneous) Amendment Bill.

 

26.

Ordered - That the adjourned debate on the motion of the Hon. J.S.L. Dawkins - That the Report of the Environment, Resources and Development Committee on Tuna Feedlots at Louth Bay be noted - be now resumed.

                 Debate resumed.

                 Question put and passed.

 

Environment, Resources and Development Committee -

Report on Tuna Feedlots at Louth

Bay to be noted -Motion re.

 

27.

The Minister for Transport and Urban Planning, by leave, tabled a copy of a Ministerial Statement made by the Minister for Environment and Heritage (The Hon. I. A. Evans, M.P.) concerning Regional Reserves.

 

Paper Tabled.

28.

At three minutes past six o’clock the sitting was suspended until the ringing of the bells.

                 At fifteen minutes to eight o’clock the sitting was resumed.

 

Suspension and

Resumption of

Sitting.

 

29.

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

 

In the Committee

 

                          Clause No. 2 further considered and agreed to.

                          Clause No. 3 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 Wednesday, 3 May 2000.

 

Gambling

Industry

Regulation Bill.

30.

Ordered - That the adjourned debate on the question - That the Casino (Miscellaneous) Amendment Bill be now read a second time - be now resumed.

                 Debate resumed.

                 On motion of the Hon. M. J. Elliott, the debate was adjourned until Wednesday, 3 May 2000.

 

Casino

(Miscellaneous) Amendment Bill.

 

31.

Ordered - That Notices of Motion (Government Business) No. 1 to No. 3 and Orders of the Day (Government Business) No. 1 to No. 28 be postponed and taken into consideration after Order of the Day (Government Business) No. 29.

 

Postponement

of Business.

32.

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

                 Debate resumed.

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

 

Statutes

Amendment

(BHP Indentures) Bill.

 

33.

Ordered - That the adjourned debate on the motion of the Hon. L. H. Davis - That this Council commends the Federal, South Australian and Northern Territory Governments for their financial support of the Alice Springs-Darwin railway and recognises -

         I.      The jobs this project will create in regional South Australia; and

        II.      The long-term economic benefits to South Australia which will be generated by this new rail link - be now resumed.

                 Debate resumed.

                 On motion of the Hon. J.S.L. Dawkins, the debate was adjourned until Wednesday, 3 May 2000.

 

Alice Springs-

Darwin

Railway -

Motion re.

34.

The Attorney-General, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Corporations (South Australia) Act 1999.

                 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.

 

Corporations

(South Australia) (Miscellaneous) Amendment Bill.

35.

The Attorney-General, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Public Trustee Act 1995 and the Trustee Companies Act 1988.

                 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

(Public Trustee

and Trustee Companies - GST) Bill.

36.

The Attorney-General, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Mining Act 1971 and the Opal Mining Act 1995.

                 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 (Extension of

Native Title

Sunset Clauses)

Bill.

37.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 5 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

 

38.

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

 

Postponement

of Business.

 

39.

Ordered - That Order of the Day (Government Business) No. 7 be an Order of the Day for next day of sitting.

 

Postponement

of Business.

 

40.

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

 

Postponement

of Business.

 

41.

Ordered - That Orders of the Day (Government Business) No. 9 to No. 15 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

 

42.

On the Order of the Day being read for the adjourned debate on the question - That the Development (System Improvement Program) 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.

 

Development

(System Improvement Program) Amendment Bill.

 

43.

Ordered - That Orders of the Day (Government Business) No. 17 and No. 18 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

 

44.

On the Order of the Day being read for the adjourned debate on the question - That the Road Traffic (Red Light Camera Offences) Amendment Bill be now read a second time:

                 Debate resumed.

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

 

Road Traffic

(Red Light

Camera Offences) Amendment Bill.

 

45.

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

 

Postponement

of Business.

 

46.

On the Order of the day being read for the adjourned debate on the motion of the Minister for Transport and Urban Planning - That this Council -

    I.   Congratulates the Artistic Directors, Chairs and Board Members and Management on the outstanding success of both the Telstra Adelaide Festival and Adelaide Fringe 2000.

  II.   Thanks both Robyn Archer and Barbara Wolke for their creativity and commitment in presenting challenging and exciting performances and exhibitions which were strongly supported by South Australians and interstate and overseas visitors:

                  Debate resumed.

   Question put and passed.

 

Telstra Adelaide Festival and Adelaide Fringe

2000 -

Motion re.

47.

Ordered - That Order of the Day (Government Business) No. 22 be an Order of the Day for next day of sitting.

 

Postponement

of Business.

 

48.

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.

                 On motion of the Hon. J. F. Stefani, the debate was adjourned until next day of sitting.

 

Mining

(Royalty) Amendment

Bill.

49.

On the Order of the Day being read for the adjourned debate on the question - That the Tobacco Products Regulation (Evidence of Age) Amendment Bill be now read a second time:

                 Debate resumed.

                 Question put and passed.

                 Bill read a second time.

                 The President then left the Chair, and the Council resolved itself into a Committee of the Whole for the consideration of the Bill.

 

In the Committee

 

                          Clauses No. 1 and No. 2 agreed to.

                          Title agreed to.

_____________________

 

                 The President resumed the Chair, and reported that the Committee had considered the Bill and had agreed to the same without amendment; whereupon the Council adopted such report.

                 The Minister for Transport and Urban Planning, pursuant to contingent notice, moved - That the Standing Orders be so far suspended as to enable the Bill to pass through its remaining stages without delay.

                 Question put and passed.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

Tobacco Products

Regulation

(Evidence of Age) Amendment

Bill.

50.

On the Order of the Day being read for the adjourned debate on the question - That the Health Professionals (Special Events Exemption) 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.

 

Health

Professionals (Special Events Exemption)

Bill.

51.

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

 

Postponement

of Business.

52.

Ordered – That Order of the Day (Private Business) No. 6 be an Order of the Day for Wednesday,
3 May 2000.

 

Postponement

of Business.

  53.

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

Message No. 45

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to ratify and give effect to the Intergovernmental Agreement on the Reform of Commonwealth-State Financial Relations; to amend the Financial Institutions Duty Act 1983, the Pay-roll Tax Act 1971 and the Stamp Duties Act 1923; and for other purposes, to which it desires the concurrence of the Legislative Council.

House of Assembly, 12 April 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.

 

Messages from

House of

Assembly:

National Tax

Reform

(State Provisions)

Bill.

 

Message No. 46

 

 

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Goods Securities Act 1986, without any amendment.

House of Assembly, 12 April 2000.                                                    J.K.G. OSWALD, Speaker.

 

Goods Securities

(Miscellaneous)

Amendment

Bill.

54.

Council adjourned at twenty-nine minutes past eleven o’clock until tomorrow 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. 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. J. F. Stefani

The Hon. G. Weatherill

The Hon. N. Xenophon

The Hon. C. Zollo