SOUTH AUSTRALIA]

No. 40

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY  12  NOVEMBER  2002

 

 

 

   1.

Council met pursuant to adjournment.  The President (The Hon. R. R. Roberts) 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. 4.

                 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. 22 of 2002 - An Act to amend the Gas Pipelines Access (South Australia) Act 1997.

                 No. 23 of 2002 - An Act to amend the Legal Services Commission Act 1977.

                 No. 24 of 2002 - An Act to amend the Criminal Law Consolidation Act 1935 and the Criminal Law (Sentencing) Act 1988.

                 No. 25 of 2002 - An Act to amend the Co-operatives Act 1997.

                 No. 26 of 2002 - An Act to amend the Criminal Law Consolidation Act 1935; to repeal the Secret Commissions Act 1920; and to make related amendments to other Acts.

                 No. 27 of 2002 - An Act to amend the Parliamentary Committees Act 1991.

                 No. 28 of 2002 - An Act to amend the Criminal Law Consolidation Act 1935.

                 No. 29 of 2002 - An Act to amend the Constitution Act 1934 and to make related amendments to the Oaths Act 1935 and the Parliamentary Remuneration Act 1990.

                 No. 30 of 2002 - An Act to amend the Classification (Publications, Films and Computer Games) Act 1995.

                 No. 31 of 2002 - An Act to amend the Gaming Machines Act 1992.

Government House, Adelaide, 12 November 2002.        MARJORIE JACKSON-NELSON, Governor.

 

Message from
Governor:
Assent to Bills.

    3.

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

        By the President -

                 City of Burnside - Report, 2001-2002.

        By the Minister for Agriculture, Food and Fisheries (The Hon. P. Holloway) -

                 Reports, 2001-2002 -

                          Department of the Premier and Cabinet.

                          Office for the Commissioner for Public Employment.

                          SA Water.

                 Regulations under the following Acts -

                          Aquaculture Act 2001 - Framework.

 

Papers.

 

                          Fisheries Act 1982 -

                                   Coorong Corf.

                                   Fleurieu Reef.

                                   Northern Zone Rock Lobster.

                          Public Corporations Act 1993 -

                                   Adelaide International Film Festival.

                                   Bio Innovation Board.

                                   Children’s Performing Arts Company.

                          Veterinary Surgeons Act 1985 - Fees Increase.

        By the Minister for Aboriginal Affairs and Reconciliation (The Hon. T. G. Roberts) -

                 Regulations under the followings Acts -

                          Authorised Betting Operations Act 2000 - Clubs Duty Payment.

                          Controlled Substances Act 1984 - Weight Control.

                          Freedom of Information Act 1991 - Essential Services Commission.

                          Harbors and Navigation Act 1993 - Fleurieu Reef.

                          Liquor Licensing Act 1997 -

                                   Adelaide - Brief Extension.

                                   Adelaide - Year Extension.

                          Prices Act 1948 - Unsold Bread.

                 Rules of Court -

                          District Court - District Court Rules 1992 - Error Corrected.

                 District Council By-Laws -

                          Alexandrina -

                                   No. 1 - Permits and Penalties.

                                   No. 2 - Moveable Signs.

                                   No. 3 - Local Government Land.

                                   No. 4 - Roads.

                                   No. 5 - Dogs.

                                   No. 6 - Nuisances caused by Building Sites.

                          Victor Harbor -

                                   No. 1 - Permits and Penalties.

                                   No. 2 - Moveable Signs.

                                   No. 3 - Local Government Land.

                                   No. 4 - Roads.

                                   No. 5 - Dogs.

                                   No. 6 - Vehicles Kept or Let for Hire.

                                   No. 7 - Nuisances caused by Building Sites.

 

 

   4.

The Hon. R. K. Sneath brought up the Annual Report of the Statutory Authorities Review Committee, 2001-2002.

                 Ordered - That the Report be printed.  (Paper No. 194)

 

Statutory Authorities Review Committee - Annual Report,
2001-2002.

   5.

The Hon. D. V. Laidlaw, by leave, tabled a copy of a Report on Regional Arts Opportunities prepared for the Premier and Minister for the Arts (The Hon. M. D. Rann, M.P.) by Anthony Steel.

 

Paper Tabled.

   6.

The President made the following Statement:

                 “A request has been received for Members to be able to use laptop computers in the Legislative Council Chamber.  I have decided to allow such usage, but request that Members ensure that the volume control is turned off and that they must not be used for reference for the purpose of speechmaking, questions or any other matters before the Council.  If any Member disagrees with my decision, I would appreciate them contacting me.”

 

President’s
Statement  -
Use of Laptop
Computers in
Chamber.

   7.

The Minister for Aboriginal Affairs and Reconciliation, without notice, moved - That the Standing Orders be so far suspended as to enable Question Time to be extended to enable the Hon. S. M. Kanck to complete her Question to the Minister and for him to complete his reply.

                 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 Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Shop Trading Hours (Miscellaneous) Amendment Bill.

 

In the Committee

 

                          Clause No. 1 further considered.

                 The Hon. R. D. Lawson moved - That the Chairperson report progress and seek leave for the Committee to sit again.

                 Question - put and passed.

_____________________

 

                 The President resumed the Chair and reported progress and obtained for the Committee leave to sit again on next day of sitting.

 

Shop Trading  Hours
(Miscellaneous)
Amendment Bill.

   9.

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.

10.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Stamp Duties (Gaming Machine Surcharge) Amendment Bill.

 

In the Committee

 

                          Clauses No. 1 and No. 2 agreed to.

                          Clause No. 3 read.

                 The Hon. R. I. Lucas moved on page 7, line 1, that it be a suggestion to the House of Assembly to leave out subsection (3) and insert the following:

                  “(3) However, a transfer does not include—

                          (a)      a transaction by way of mortgage; or

                          (b)      a transaction by way of gift; or

                          (c)      a transaction for which there is no consideration of a commercial nature.”

                 Question - That the motion be agreed to - put.

Stamp Duties
(Gaming Machine
Surcharge)
Amendment Bill.

 

             Committee divided:

Ayes, 10

The Hon. T. G. Cameron

The Hon. J.S.L. Dawkins

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. A. J. Redford

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. T. J. Stephens

The Hon. R. I. Lucas (Teller)

      So it was resolved in the affirmative.

 

Noes, 9

The Hon. M. J. Elliott

The Hon. A. L. Evans

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. I. Gilfillan

The Hon. T. G. Roberts

The Hon. R. K. Sneath

The Hon. C. Zollo

The Hon. P. Holloway(Teller)

 

 

 

                          Clause No. 3, as suggested to be amended and as otherwise suggested to be amended, 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 suggested amendments; whereupon the Council adopted such report.

                 The Minister for Agriculture, Food and Fisheries moved - That the Bill be recommitted in respect of Clause No. 3.

                 Debate ensued.

                 Question put and passed.

                 Ordered - That the recommittal of the Bill be take into consideration on motion.

 

 

11.

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

 

Postponement
of Business.

12.

On the Order of the Day being read for the adjourned debate on the question - That the Public Finance and Audit (Honesty and Accountability in Government) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. R. I. Lucas, the debate was adjourned and ordered to be resumed on motion.

 

Public Finance
and Audit
(Honesty and
Accountability in
Government)
Amendment  Bill.

13.

On the Order of the Day being read for the adjourned debate on the question - That the Law Reform (Delay in Resolution of Personal Injury Claims) 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. 4 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 Aboriginal Affairs and Reconciliation, 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.

 

Law Reform
(Delay in
Resolution  of
Personal Injury
Claims)
Amendment Bill.

14.

On the Order of the Day being read for the adjourned debate on the question - That the Ombudsman (Honesty and Accountability in Government) Amendment Bill be now read a second time:

                 Debate resumed.

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

 

Ombudsman
(Honesty and
Accountability in
Government)
Amendment Bill.

15.

Ordered - That Order of the Day (Government Business) No. 6 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

16.

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

                 Debate resumed.

                 And the Hon. R. D. Lawson having obtained leave to conclude his remarks, the debate was adjourned and ordered to be resumed on motion.

 

Statutes Amendment
(Honesty and
Accountability in
Government)
Amendment Bill.

17.

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.

18.

Ordered - That the adjourned debate on the question - That the Statutes Amendment (Honesty and Accountability in Government) Amendment Bill be now read a second time - be now resumed.

                 Debate resumed.

                 On motion of the Hon. G. E. Gago, the debate was adjourned until next day of sitting.

 

Statutes Amendment
(Honesty and
Accountability in
Government)
Amendment Bill.

19.

Ordered - That Orders of the Day (Government Business) No. 9 to No. 12 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

20.

Ordered - That Orders of the Day (Government Business) No. 13 to No. 16 be postponed and taken into consideration after Orders of the Day (Government Business) No. 17.

 

Postponement
of Business.

21.

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

                 Debate resumed.

                 On motion of the Hon. G. E. Gago, the debate was adjourned until next day of sitting.

 

Freedom of
Information
(Miscellaneous)
Amendment Bill.

22.

Ordered - That Orders of the Day (Government Business) No. 13 and No. 14 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

23.

On the Order of the Day being read for the adjourned debate on the question - That the Holidays (Adelaide Cup and Volunteers Day) 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. 6 agreed to.

                          Clause No. 7 amended and 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 an amendment; whereupon the Council adopted such report.

                 The Minister for Aboriginal Affairs and Reconciliation, 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.

 

Holidays
(Adelaide Cup and
Volunteers Day)
Amendment Bill.

24.

Ordered - That the adjourned debate on the question - That the Public Finance and Audit (Honesty and Accountability in Government) Amendment Bill be now read a second time - be now resumed.

                 Debate resumed.

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

 

Public Finance
and Audit
(Honesty and
Accountability in
Government)
Amendment  Bill.

25.

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

 

Postponement
of Business.

26.

Council adjourned at fifteen minutes to 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. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. M. J. Elliott

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. I. Gilfillan

 

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. A. J. Redford

The Hon. D. W. Ridgway

 

The Hon. T. G. Roberts The Hon. C. V. Schaefer

The Hon. R. K. Sneath

The Hon.  J. F. Stefani

The Hon. T. J. Stephens

The Hon. C. Zollo