[SOUTH AUSTRALIA]

No. 38

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  12  AUGUST  1998

 

 

 

   1.

Council met pursuant to adjournment.  The President (The Hon. J. C. Irwin) took the Chair.

                 The President read prayers.

 

Meeting of

Council.

 

   2.

The Attorney-General, by leave, without notice, moved - That the sitting of the Council be not suspended during the continuation of the Conference on the Police Bill.

                 Question put and passed.

 

Police

Bill.

   3.

Answers to Questions on Notice Nos. 136, 231 and 248 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 Hon. A. J. Redford brought up the Eighteenth Report, 1997-98 of the Legislative Review Committee, which was read by the Clerk as follows:-

                 The Regulation listed hereunder is at present being considered by the Legislative Review Committee.  Evidence is being taken on this matter 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 consideration has been given to the Regulation, the Committee may decide to take no further action.

                 Regulation referred to:

                          Public Corporations Act 1993 - Funds SA Subsidiary Holding.

 

Legislative

Review

Committee -

Eighteenth

Report, 1997-98.

 

   5.

The Hon. A. J. Redford brought up the Nineteenth Report, 1997-98 of the Legislative Review Committee.

 

Legislative

Review

Committee -

Nineteenth

Report, 1997-98.

 

   6.

The Hon. L. H. Davis brought up the Interim Report of the Statutory Authorities Review Committee on the Management of the West Terrace Cemetery by the Enfield General Cemetery Trust.

 

Statutory Authorities

Review Committee -

Interim Report on

the Management of

the West Terrace

Cemetery by the

Enfield General

Cemetery Trust.

 

   7.

In accordance with Sessional Standing Order, the President called on Members to make Statements on Matters of Interest.

 

Statements

on Matters

of Interest.

 

   8.

Ordered - That Notice of Motion (Private Business) No. 1 be an Order of the Day for Wednesday next.

 

Postponement

of Business.

 

   9.

The Hon. C. A. Pickles, pursuant to notice, moved - That the Regulations under the Education Act 1972 concerning Materials and Services Charges, made on 28 May 1998 and laid on the Table of this Council on 2 June 1998, be disallowed.

                 Debate ensued.

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

 

Education Act 1972 - Regulations - Materials and

 Services Charges -

Motion for disallowance of.

 

10.

Ordered - That Notice of Motion (Private Business) No. 12 be an Order of the Day for Wednesday, next.

 

Postponement

of Business.

 

11.

The Hon. L. H. Davis, pursuant to notice, moved - That the Interim Report of the Statutory Authorities Review Committee on the Management of the West Terrace Cemetery by the Enfield General Cemetery Trust be noted.

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

Statutory Authorities

Review Committee -

Interim Report on

the Management of

the West Terrace

Cemetery by the

Enfield General

Cemetery Trust,

to be noted -

Motion re.

 

12.

Ordered - That Orders of the Day (Private Business) No. 1 to No. 18 be postponed and taken into consideration after Order of the Day (Private Business) No. 19.

 

Postponement

of Business.

13.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Retail and Commercial Leases (Term of Lease and Renewal) Amendment Bill.

 

In the Committee

 

                          Clause No. 1 amended and agreed to.

                          New clause No. 1A inserted.

                          New clause No. 1AA inserted.

                          New clause No. 1B inserted.

                          New clause No. 1C inserted.

                          New clause No. 1D inserted.

                          New clause No. 1E inserted.

                          New clause No. 1F inserted.

                          New clause No. 1G inserted.

                          New clause No. 1H inserted.

                          Clause No. 2 read.

                 The Hon. I. Gilfillan moved on page 1, lines 17 and 18, to leave out “in a retail shopping centre”.

                 Question - That the amendment be agreed to - put.

           Committee divided:

Retail and Commercial

Leases (Term

of Lease and Renewal) Amendment

Bill.

 

Ayes, 11.

The Hon. T. Crothers

The Hon. M. J. Elliott

The Hon. P. Holloway

The Hon. S. M. Kanck

The Hon. C. A. Pickles

The Hon. R. R. Roberts

The Hon. T. G. Roberts

The Hon. G. Weatherill

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. I. Gilfillan (Teller)

  Noes, 8.

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. D. V. Laidlaw

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. K. T. Griffin (Teller)

 

 

 

        So it was resolved in the affirmative.

                          Clause No. 2 otherwise amended.

                 Question - That Clause No. 2, as amended, be agreed to - put.

 

 

           Committee divided:

 

 

Ayes, 11.

The Hon. T. Crothers

The Hon. M. J. Elliott

The Hon. P. Holloway

The Hon. S. M. Kanck

The Hon. C. A. Pickles

The Hon. R. R. Roberts

The Hon. T. G. Roberts

The Hon. G. Weatherill

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. I. Gilfillan (Teller)

  Noes, 8.

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. D. V. Laidlaw

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. K. T. Griffin (Teller)

 

 

 

        So it was resolved in the affirmative.

                 Clause No. 2, as amended, agreed to.

                 New clause No. 2A inserted.

                 New clause No. 2B inserted.

                 New clause No. 2C inserted.

                 New clause No. 2D inserted.

        The Hon. I. Gilfillan moved to insert new clause No. 2E as follows:

                          “Amendment of s. 20K - Certified exclusionary clause

                                      2E.  Section 20K of the principal Act is amended by striking out subsection (2) and substituting the following subsection:

                                                (2)  However, the term for which a retail shop lease is entered into may be less than five years if the provision fixing the term is subject to a certified exclusionary clause.”

                 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.

 

 

14.

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.

 

15.

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

 

Postponement

of Business.

 

16.

Ordered - That Order of the Day (Private Business) No. 2 be discharged.

 

Business

Discharged.

 

17.

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

                 Debate resumed.

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

 

Constitution (Promotion of Government Bills) Amendment Bill.

18.

Ordered - That Order of the Day (Private Business) No. 4 be postponed and taken into consideration on motion.

 

Postponement

of Business.

 

19.

Ordered - separately - That Orders of the Day (Private Business) No. 5 to No. 7 be Orders of the Day for Wednesday next.

 

Postponement

of Business.

 

20.

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

                 Debate resumed.

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

 

Subordinate Legislation (Miscellaneous) Amendment Bill.

21.

Ordered - That Order of the Day (Private Business) No. 9 be an Order of the Day for Wednesday next.

 

Postponement

of Business.

 

22.

On the Order of the Day being read for the adjourned debate on the motion of the Hon.
R. R. Roberts - That the Regulations under the Fisheries Act 1982 concerning Lobster Pots, made on 28 August 1997 and laid on the Table of this Council on 2 December 1997, be disallowed:

                 Debate resumed.

                 Ordered - That the Order of the Day be discharged.

 

Fisheries Act 1982 -

Regulations -

Lobster Pots -

Motion for disallowance of.

Business

Discharged.

23.

Ordered - That Order of the Day (Private Business) No. 11 be an Order of the Day for Wednesday next.

 

Postponement

of Business.

 

24.

Ordered - That Order of the Day (Private Business) No. 12 be postponed and taken into consideration on motion.

 

Postponement

of Business.

 

25.

Ordered - separately - That Orders of the Day (Private Business) No. 13 to No. 16 be Orders of the Day for Wednesday next.

 

Postponement

of Business.

 

26.

On the Order of the Day being read for the adjourned debate on the question - That the National Parks and Wildlife (Game Birds) Amendment Bill be now read a second time:

                 Debate resumed.

                 Question put and negatived.

 

National Parks

and Wildlife

(Game Birds)

Amendment Bill.

 

27.

Ordered - separately - That Orders of the Day (Private Business) No. 18 and No. 20 be Orders of the Day for Wednesday next.

 

Postponement

of Business.

 

28.

On the Order of the Day being read for the adjourned debate on the question - That the Freedom of Information (Public Opinion Polls) Amendment Bill be now read a second time:

                   To which the Hon. A. J. Redford had moved to amend by leaving out all words after “That” and inserting “the Bill be withdrawn and referred to the Legislative Review Committee for its report and recommendations”:

                   Debate resumed.

                   Question - That the words proposed to be struck out stand part of the question - put and passed.

                   Question - That the Bill be now read a second time - put and passed.

                   Bill read a second time.

                   Ordered - That the Committee stages be taken into consideration on Wednesday next.

 

Freedom of Information

(Public

Opinion Polls)

Amendment Bill.

 

29.

Ordered - separately - That Orders of the Day (Private Business) No. 22 and No. 23 be Orders of the Day for Wednesday next.

 

Postponement

of Business.

 

30.

Ordered - That the adjourned debate on the motion of the Hon. L. H. Davis  - That the Interim Report of the Statutory Authorities Review Committee on the Management of the West Terrace Cemetery by the Enfield General Cemetery Trust be noted - be now resumed.

                 Debate resumed.

                 Question put and passed.

Statutory Authorities

Review Committee -

Interim Report on

the Management of

the West Terrace

Cemetery by the

Enfield General

Cemetery Trust,

to be noted -

Motion re.

 

31.

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

 

Postponement

of Business.

 

  32.

Ordered - That Orders of the Day (Government Business) No. 2 to No. 7 be postponed and taken into consideration after Order of the Day (Government Business) No. 8.

 

Postponement

of Business.

 

33.

On the Order of the Day being read for the adjourned debate on the question - That the Electricity Corporations (Restructuring and Disposal) Bill be now read a second time:

                 Debate resumed.

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

 

Electricity Corporations (Restructuring

and Disposal) Bill.

 

34.

Ordered - That Order of the Day (Government Business) No. 2 be an Order of the Day for next day of sitting.

 

Postponement

of Business.

 

  35.

Ordered - That Orders of the Day (Government Business) No. 3 to No. 6 be postponed and taken into consideration after Order of the Day (Government Business) No. 7.

 

Postponement

of Business.

 

36.

On the Order of the Day being read for the adjourned debate on the question - That the Emergency Services Funding 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.

 

Emergency

Services

Funding Bill.

 

  37.

Ordered - That Orders of the Day (Government Business) No. 3 to No. 6 and No. 9 to No. 12 be postponed and taken into consideration after Order of the Day (Government Business) No. 13.

 

Postponement

of Business.

 

38.

On the Order of the Day being read for the adjourned debate on the question - That the Tobacco Products Regulation (Dissolution of Sports, Promotion, Cultural and Health Advancement Trust) Amendment 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.

 

Tobacco Products Regulation

(Dissolution of

Sports, Promotion,

Cultural and Health Advancement Trust)

Amendment Bill.

 

  39.

Ordered - That Orders of the Day (Government Business) No. 3 to No. 6, No. 9 to No. 12 and
No. 14 to No. 16 be postponed and taken into consideration after Order of the Day (Government Business) No. 17.

 

Postponement

of Business.

 

40.

On the Order of the Day being read for the adjourned debate on the question - That Wheat Marketing (Grain Deductions) Amendment 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.

 

Wheat Marketing (Grain Deductions) Amendment Bill.

41.

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

 

Postponement

of Business.

 

42.

Ordered - That the adjourned debate on the question - That the Workers Rehabilitation and Compensation (Mental Incapacity) Amendment Bill be now read a second time - be now resumed.

                 Debate resumed.

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

 

Workers Rehabilitation and Compensation (Mental

Incapacity)

Amendment Bill.

 

43.

Ordered - That the adjourned debate on the question - That the Prostitution Bill be now read a second time - be now resumed.

                 Debate resumed.

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

 

Prostitution

Bill.

 

  44.

Ordered - That the Council, at its rising, do adjourn until tomorrow, at eleven o’clock.

 

Next Day

of Sitting.

 

  45.

Council adjourned at ten minutes to twelve o’clock midnight until tomorrow at eleven o’clock.

 

Adjournment.

 

 

_________________________

 

 

 

 

 

Members present during any part of the sitting:

 

 

 

The Hon. T. G. Cameron

The Hon. T. Crothers

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. M. J. Elliott

The Hon. I. Gilfillan

The Hon. K. T. Griffin

 

The Hon. P. Holloway

The Hon. S. M. Kanck

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. C. A. Pickles

The Hon. A. J. Redford

 

The Hon. R. R. Roberts

The Hon. T. G. Roberts

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. G. Weatherill

The Hon. N. Xenophon

The Hon. C. Zollo