[SOUTH AUSTRALIA]

No. 13

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY 12 NOVEMBER 1996

 

 

 

   1.

Council met pursuant to adjournment.  The President (The Hon. H.P.K. Dunn) took the Chair.

                 The President read prayers.

 

Meeting of

Council.

   2.

Answers to Questions on Notice Nos. 8, 22, 37, 45 and 52 received this day were tabled by the President who directed that they be distributed and printed in Hansard.

 

Answers to

Questions on

Notice.

   3.

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

        By the Minister for Education and Children’s Services (The Hon. R. I. Lucas) -

                 ETSA Contributory and Non-Contributory Superannuation Schemes - Report, 1995-96.

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

                 Reports, 1995-96 -

                          Australian Major Events.

                          President, Industrial Relations Commission and Senior Judge, Industrial Relations Court.

                          South Australian Office of Financial Supervision.

                          State Electoral Office.

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

                 Commissioners of Charitable Funds - Report and Statement of Accounts, 1994-95.

                 Department for Family and Community Services - Report, 1995-96.

 

Papers.

   5.

The Attorney-General tabled a copy of a Ministerial Statement made by the Minister for Primary Industries (The Hon. R. G. Kerin, M.P.) concerning the Government’s Presentation to the Rural Adjustment Scheme Review Committee.

 

Paper

Tabled.

   6.

The Minister for Transport tabled a copy of a Ministerial Statement made by the Minister for Family and Community Services (The Hon. D. C. Wotton, M.P.) concerning the Gamblers Rehabilitation Fund.

 

Paper

Tabled.

   7.

The Minister for Transport, without notice, moved - That the Standing Orders be so far suspended as to enable Question Time to be extended to enable her to make a Ministerial Statement.

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

 

Suspension

of Standing 

Orders.

   8.

The Attorney-General, according to order, moved - That the South Australian Tourism, Recreation and Sport Commission Bill be now read a second time.

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

 

South

Australian

Tourism,

Recreation

and Sport Commission

Bill.

 

   9.

On the Order of the Day being read for the adjourned debate on the question - That the Police (Complaints and Disciplinary Proceedings) (Miscellaneous) 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 to No. 33 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 without amendment; whereupon the Council adopted such report.

                 The Attorney-General, pursuant to contingent notice, moved - That the Standing Orders be so far suspended as to enable the Bill to pass through its remaining stages without delay.

                 Question put and passed.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

Police

(Complaints

and Disciplinary Proceedings) (Miscellaneous)

Amendment

Bill.

10.

Ordered - That Orders of the Day (Government Business) No. 3 and No. 4 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

  11.

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

                 Debate resumed.

                 On motion of the Hon. J.A.W. Levy, the debate was adjourned until next day of sitting.

 

Criminal

Assets

Confiscation

Bill.

12.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Local Government (City of Adelaide) Bill.

 

In the Committee

 

                          Clause No. 1 amended and agreed to.

                          Clause No. 2 amended and agreed to.

                          Clause No. 3 amended and agreed to.

                          Clause No. 4 struck out.

                          Clause No. 5 struck out.

                          Clause No. 6 read.

                 The Hon. M. J. Elliott moved on page 3, after line 12, to insert new subclause as follows:

                                   “(1A)  The Commissioners are to be appointed by the Governor on a recommendation -

(a)     made by a parliamentary committee consisting of three members of the House of Assembly and three members of the Legislative Council; and

(b)     endorsed by a joint resolution of both Houses of Parliament.”

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

                          Clause No. 6 otherwise amended and agreed to.

                          Clause No. 7 amended and agreed to.

                          Clause No. 8 amended and agreed to.

                          Clause No. 9 agreed to.

                          Clause No. 10 struck out.

                          Clause No. 11 struck out.

                          Clause No. 12 amended and agreed to.

                          Clause No. 13 struck out.

                          Clause No. 14 struck out.

                          Clause No. 15 struck out.

                          Clause No. 16 amended and agreed to.

                          Clause No. 17 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.

 

Local

Government

(City of

Adelaide)

Bill.

13.

The Minister for Transport, without notice, moved - That the Standing Orders be so far suspended as to enable the sitting of the Council to be extended beyond 6.30 p.m.

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

 

Suspension of Standing

Orders.

14.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Local Government (City of Adelaide) Bill.

 

In the Committee

 

                          Clause No. 17 further considered and struck out.

                          New clause No. 17 inserted.

                          Clause No. 18 struck out.

                          Clause No. 19 struck out.

                          Clause No. 20 struck out.

                          Clause No. 21 amended and agreed to.

                          Schedule 1 struck out.

                          Schedule 2 struck out.

                          New schedule 2 inserted.

                          Schedule 3 struck out.

                          Title amended and agreed to.

_____________________

 

Local

Government

(City of

Adelaide)

Bill.

 

                 The President resumed the Chair, and reported that the Committee had considered the Bill and had agreed to the same with amendments and an amendment to the Title; whereupon the Council adopted such report.

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

 

City of Adelaide

(Governance

Reform)

Bill.

  16.

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

Message No. 17

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to provide for the preservation and management of official records; to amend the Libraries Act 1982, the Freedom of Information Act 1991 and the Local Government Act 1934; and for other purposes, to which it desires the concurrence of the Legislative Council.

House of Assembly, 12 November 1996.                                                                G. M. GUNN, 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:

State

Records

Bill.

 

 

Message No. 18

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to make general provision for the administration and enforcement of taxation laws and for other purposes, to which it desires the concurrence of the Legislative Council.

House of Assembly, 12 November 1996.                                                                G. M. GUNN, Speaker.

                 Bill read a first time.

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

 

Taxation Administration

Bill.

 

 

Message No. 19

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Debits Tax Act 1994, the Financial Institutions Duty Act 1983, the Land Tax Act 1936, the Pay-roll Tax Act 1971, the Stamp Duties Act 1923 and the Taxation (Reciprocal Powers) Act 1989, to which it desires the concurrence of the Legislative Council.

House of Assembly, 12 November 1996.                                                                G. M. GUNN, Speaker.

                 Bill read a first time.

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

 

Statutes

Amendment (Taxation Administration)

Bill.

 

 

Message No. 20

                 MR. PRESIDENT - The House of Assembly requests that a Conference may be granted to it respecting certain amendments in the Racial Vilification Bill.  In the event of a Conference being agreed to, the House of Assembly will be represented at the Conference by five Managers.

House of Assembly, 12 November 1996.                                                                G. M. GUNN, Speaker.

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

 

Racial

Vilification

Bill.

17.

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

 

Postponement

of Business.

18.

Council adjourned at two minutes to seven 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. M. J. Elliott

The Hon. K. T. Griffin

The Hon. P. Holloway

The Hon. J. C. Irwin

 

The Hon. S. M. Kanck

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. J.A.W. Levy

The Hon. R. I. Lucas

The Hon. P. Nocella

The Hon. B.S.L. Pfitzner

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