SOUTH AUSTRALIA]

No. 22

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY  13  MARCH  2001

 

 

 

   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. 69 of 2000 - An Act to amend the South Australian Country Arts Trust Act 1992.

                 No. 70 of 2000 - An Act to amend the Legal Practitioners Act 1981.

                 No. 71 of 2000 - An Act to amend the Adelaide Festival Centre Trust Act 1971.

                 No. 72 of 2000 - An Act to facilitate electronic transactions; and for other purposes.

                 No. 73 of 2000 - An Act to provide for certain persons accused of minor shop theft to be subject to a non-curial enforcement process with their consent as an alternative to prosecution; and for other purposes.

                 No. 74 of 2000 - An Act to amend the Agricultural and Veterinary Chemicals (South Australia) Act 1994, the Competition Policy Reform (South Australia) Act 1996, the Corporations (South Australia) Act 1990, the Gas Pipelines Access (South Australia) Act 1997, the Jurisdiction of Courts (Cross-vesting) Act 1987, the National Crime Authority (State Provisions) Act 1984 and the New Tax System Price Exploitation Code (South Australia) Act 1999.

                 No. 75 of 2000 - An Act to amend the Construction Industry Training Fund Act 1993.

                 No. 76 of 2000 - An Act to amend the Goods Securities Act 1986 and the Motor Vehicles Act 1959.

                 No. 77 of 2000 - An Act to amend the Shop Trading Hours Act 1977.

                 No. 78 of 2000 - An Act to make provisions relating to the safety, performance, energy efficiency and labelling of electrical products; to repeal the Electrical Products Act 1988; and for other purposes.

                 No. 79 of 2000 - An Act to amend the Harbors and Navigation Act 1993.

                 No. 80 of 2000 - An Act to amend the Stamp Duties Act 1923.

                 No. 81 of 2000 - An Act to amend the Harbors and Navigation Act 1993.

                 No. 82 of 2000 - An Act to provide for access to South Australian ports and maritime services on fair commercial terms; to provide for price regulation of essential maritime services; to amend the South Australian Ports (Bulk Handling Facilities) Act 1996; and for other purposes.

 

Message from
Governor:
Assent to Bills.

 

                 No. 83 of 2000 - An Act to amend the Construction Industry Long Service Leave Act 1987.

                 No. 84 of 2000 - An Act to amend the Native Title (South Australia) Act 1994.

                 No. 85 of 2000 - An Act to amend the Gaming Machines Act 1992.

                 No. 86 of 2000 - An Act to amend the Occupational Health, Safety and Welfare Act 1986.

                 No. 87 of 2000 - An Act to amend the Controlled Substances Act 1984.

                 No. 88 of 2000 - An Act to amend the Development Act 1993 and to make related amendments to the Environment Protection Act 1993, the Environment, Resources and Development Court Act 1993, the Irrigation Act 1994, the Native Vegetation Act 1991, the Roads (Opening and Closing) Act 1991 and the Water Resources Act 1997.

                 No. 89 of 2000 - An Act to amend the Country Fires Act 1989.

                 No. 90 of 2000 - An Act to provide for the licensing of persons carrying on certain businesses involving the conduct of races on which betting is to occur; to amend the Gaming Supervisory Authority Act 1995 and the Racing Act 1976; and for other purposes.

                 No. 91 of 2000 - An Act to amend the Road Traffic Act 1961, and to make related amendments to the Motor Vehicles Act 1959.

                 No. 92 of 2000 - An Act to amend the Education Act 1972 and to make a related amendment to the Children’s Services Act 1985.

                 No. 93 of 2000 - An Act to provide for the disposal of assets of the South Australian Ports Corporation; to provide for the repeal of the South Australian Ports Corporation Act 1994; and for other purposes.

                 No. 94 of 2000 - An Act to make provision for the disposal of the business of the South Australian Totalizator Agency Board; to amend and subsequently repeal the Racing Act 1976; to amend the Stamp Duties Act 1923 and the State Lotteries Act 1966; and for other purposes.

                 No. 95 of 2000 - An Act to provide for the licensing and regulation of totalisator and other betting operations; and to amend the Criminal Law (Undercover Operations) Act 1995, the Gaming Supervisory Authority Act 1995, the Lottery and Gaming Act 1936 and the Workers Rehabilitation and Compensation Act 1986.

Government House, Adelaide, 13 March 2001.                                                       E. J. NEAL, Governor.

 

 

   3.

The Treasurer (The Hon. R. I. Lucas), by leave, moved - That the Legislative Council expresses its deep regret at the death of The Hon. Geoffrey T. Virgo, A.M., former Member of the House of Assembly and former Minister of the Crown and places on record its appreciation of his distinguished public service.

                 And being supported by the Hon. C. A. Pickles, the Hon. M. J. Elliott, the Minister for Transport and Urban Planning and the Hon. P. Holloway:

                 Motion carried in silence, Members standing in their places.

 

Death of
Hon. G. T. Virgo.

   4.

The Treasurer, by leave, moved - That the Legislative Council expresses its deep regret at the death of The Hon. John E. McLeay, former Member of the House of Representatives, former Minister of the Crown and Australian Consul-General and places on record its appreciation of his distinguished public service.

                 And being supported by the Hon. C. A. Pickles, the Hon. L. H. Davis, the Minister for Disability Services, the Hon M. J. Elliott, the Minister for Transport and Urban Planning and the Hon. A. J. Redford:

                 Motion carried in silence, Members standing in their places.

 

Death of
Hon. J. E. McLeay.

   5.

The Treasurer, by leave, moved - That as a mark of respect to their memories, the sitting of the Council be suspended until the ringing of the bells.

                 Question put and passed.

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

                 At thirty minutes past three o’clock the sitting was resumed.

 

Suspension and
Resumption of
Sitting.

   6.

Answers to Questions on Notice Nos. 1, 3, 9, 14, 15, 21, 23, 24, 26, 28, 50, 57, 61 and 63 received this day were tabled by the President who directed that they be distributed and printed in Hansard.

 

Answers to
Questions on
Notice.

    7.

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

        By the President -

                 Employee Ombudsman - Report, 1999-2000.

        By the Treasurer (The Hon. R. I. Lucas) -

                 Electricity Industry Superannuation Scheme - Report, 1999-2000.

                 Regulations under the following Acts -

                          Alice Springs to Darwin Railways Act 1997 - Special Provisions.

                          Construction Industry Training Fund Act 1993 - Various.

                          Southern State Superannuation Act 1994 - Enterprise Agreements.

                          Taxation Administration Act 1996 - First Home Owner Grant.

                          Water Resources Act 1997 - Extension of Deadlines.

                 Electricity Supply Industry Planning Council Charter.

                 ElectraNet Transmission Report.

                 ETSA Utilities Distribution Report.

                 Flinders Power Northern Power Station Report.

                 Optima Energy Report.

                 Synergen Report.

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

                 Reports, 1999-2000 -

                          Code Register for the National Third Party Access Code for Natural Gas Pipeline Systems.

                          Dog Fence Board.

                          Dried Fruits Board of South Australia.

                          Juvenile Justice Advisory Committee.

                          National Crime Authority.

                          Pastoral Board.

                 Regulations under the following Acts -

                          Animals and Plant Control (Agricultural Protection and Other Purposes) Act 1986 - Feral Deer.

                          Construction Industry Long Service Leave Act 1987 - Viability.

                          Cremation Act 2000 - Principal.

                          Dangerous Substances Act 1979 - Compressed Natural Gas.

                          Electoral Act 1985 - Ballot Paper Form.

                          Fisheries Act 1982 -

                                   Management Committees.

                                   Various.

                          Gas Act 1997 - New Quality Standards.

                          Livestock Act 1997 -

                                   Registration of Beekeepers.

                                   Vendor Declarations.

                          Primary Industry Funding Schemes Act 1998 -

                                   Apiary Fund.

                                   Ovine Johne’s Disease.

                 Rule under Act - Juries Act 1996 - Mental Impairment.

                 Rules of Court -

                          District Court - District Court Act -

                                   Exclusions.

                                   Minor Changes.

                          Magistrates Court - Magistrates Court Act -

                                   Electronic Records.

                          Supreme Court - Supreme Court Act -

                                   Corporations Law - Various.

                                   Form of Warrants.

                                   Lump Sum for Default.

                                   Magistrates Court Transfer.

                 Rural Industry Adjustment and Development Fund Financial Statement - Primary Industries South Australia Report 1999-2000 - Addendum.

 

Papers.

 

        By the Minister for Justice (The Hon. K. T. Griffin) -

                 Reports, 1999-2000 -

                          Emergency Services Administrative Unit.

                          South Australian Country Fire Service.

                 Regulation under the following Act -

                          Second-hand Dealers and Pawnbrokers Act 1996 - Receipts.

        By the Minister for Consumer Affairs (The Hon. K. T. Griffin) -

                 Regulations under the following Acts -

                          Liquor Licensing Act 1997 - Dry Areas -

                                   Adelaide, Coober Pedy.

                                   Hallett Cove, Westfield.

                                   New Year’s Eve.

                                   Onkaparinga, Port Augusta.

                                   Port Lincoln.

                          Plumbers, Gas Fitters and Electricians Act 1995 - Safety Provisions.

                          Second-hand Dealers and Pawnbrokers Act 1996 - Game Console.

                          Second-hand Vehicle Dealers Act 1995 - Fund Exclusions.

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

                 Reports, 1999-2000 -

                          Coast Protection Board.

                          Dog and Cat Management Board of SA.

                          Environment Protection Authority.

                          Local Government Superannuation Board.

                          National Environment Protection Council.

                          State Heritage Authority.

                 City of West Torrens Development Plan - Thebarton - Local Heritage Plan Amendment Report.

                 Proposal to Construct a 1,550 Metre Long Rail Loop in the Melbourne to Adelaide Rail Corridor - Crown Development Report.

                 Regulations under the following Acts -

                          Development Act 1993 -

                                   Murray Plan.

                                   Railway.

                                   Residential Design.

                                   Significant Trees Amendment.

                          Environment Protection Act 1993 - Waste Transport.

                          Local Government Act 1999 - Central Market Leases.

                          National Parks and Wildlife Act 1972 - Protection of Marine Mammals.

                          Passenger Transport Act 1994 - Taxi Fares.

                          Road Traffic Act 1961 -

                                   Approved Hospitals.

                                   Detection Device.

                                   Evidence.

                 Corporation By-laws -

                          Mitcham -

                                   No.    1   -   Permits and Penalties.

                                   No.    2   -   Moveable Signs.

                                   No.    3   -   Local Government Land.

                                   No.    4   -   Streets and Roads.

                                   No.    6   -   Dogs.

                          Onkaparinga -

                                   No.    1   -   Local Government Land.

                                   No.    2   -   Roads.

                                   No.    3   -   Domestic Waste.

                                   No.    4   -   Bridges and Jetties.

                                   No.    5   -   Moveable Signs.

                                   No.    6   -   Boat Ramp.

                                   No.    7   -   Permits and Penalties.

                                   No.  10   -   STED Schemes.

                                   No.  11   -   Beach and Foreshore.

 

 

 

                          Salisbury -

                                   No.    1   -   Permits and Penalties.

                                   No.    2   -   Moveable Signs.

                                   No.    3   -   Roads.

                                   No.    4   -   Local Government Land.

                                   No.    5   -   Number of Dogs.

                 District Council By-laws - Grant - Various.

        By the Minister for Workplace Relations (The Hon. R. D. Lawson) -

                 Remuneration Tribunal -

                          Determination No. 1 of 2001 - Ministers of the Crown and Officers and Members of Parliament.

                          Determination No. 2 of 2001 - Travelling and Accommodation Allowances.

                          Determination No. 3 of 2001 - Telephone Rental and Calls Allowance.

                 Response by the Minister for Disability Services to the Public Works Committee’s Report on the Strathmont Centre Redevelopment - Aged Care Facility.

 

 

   8.

The Minister for Disability Services brought up the Report of the Select Committee on the Netherby Kindergarten (Variation of Waite Trust) Act Repeal Bill, together with Minutes of Evidence and Proceedings.

                 Ordered - That the Report be printed.  (Paper No. 208)

                 Ordered - That the Netherby Kindergarten (Variation of Waite Trust) Act Repeal Bill be recommitted to a Committee of the Whole on next day of sitting.

 

Select Committee
on the Netherby
Kindergarten
(Variation of
Waite Trust) Act
Repeal Bill.

   9.

The Treasurer tabled a copy of a Ministerial Statement made by the Premier (The Hon. J. W. Olsen, M.P.) concerning Motorola.

 

Paper Tabled.

10.

The Treasurer tabled a copy of a Ministerial Statement made by the Premier concerning the Adelaide to Darwin Railway.

 

Paper Tabled.

11.

The Treasurer, without notice, moved - That the Standing Orders be so far suspended as to enable Question Time to be extended to enable Ministers to have incorporated in Hansard replies to questions asked by several Members and for the Attorney-General to move a Motion without Notice.

                 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.

12.

The Attorney-General, pursuant to suspension of Standing Orders, moved - That he have leave to introduce a Bill for an Act to amend the Youth Court Act 1993.

                 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.

 

Youth Court
(Judicial Tenure)
Amendment Bill.

13.

The Attorney-General, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Equal Opportunity Act 1984.

                 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.

 

Equal Opportunity
(Miscellaneous)
Amendment Bill.

14.

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

Message No. 44

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith entitled an Act to repeal the Fisheries (Southern Zone Rock Lobster Fishery Rationalization) Act 1987, to which it desires the concurrence of the Legislative Council.

House of Assembly, 27 February 2001.                                                             J.K.G. OSWALD, Speaker.

                 Bill 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.

 

Messages from
House of
Assembly:
Fisheries (Southern Zone Rock Lobster Fishery Rationalization)
Act Repeal Bill.

 

Message No. 45

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith entitled an Act to protect the health and safety of the public by providing for the registration of dental practitioners and dental students; to regulate the provision of dental treatment for the purpose of maintaining high standards of competence and conduct by persons registered under this Act; to repeal the Dentists Act 1984; and for other purposes, to which it desires the concurrence of the Legislative Council.

House of Assembly, 28 February 2001.                                                             J.K.G. OSWALD, Speaker.

                 Bill read a first time.

                 The Minister for Transport and Urban Planning 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.

 

Dental Practice
Bill.

 

Message No. 46

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith entitled an Act to repeal the Sandalwood Act 1930, to which it desires the concurrence of the Legislative Council.

House of Assembly, 28 February 2001.                                                             J.K.G. OSWALD, Speaker.

                 Bill read a first time.

                 The Minister for Transport and Urban Planning 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.

 

Sandalwood Act
Repeal Bill.

 

Message No. 47

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith entitled an Act to amend the Development Act 1993, the Environment Protection Act 1993, the Mining Act 1971, the Native Vegetation Act 1991, the Petroleum Act 2000 and the Water Resources Act 1997, to which it desires the concurrence of the Legislative Council.

House of Assembly, 28 February 2001.                                                             J.K.G. OSWALD, Speaker.

                 Bill 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
(Avoidance of
Duplication of
Environmental
Procedures) Bill.

 

Message No. 48

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith entitled an Act to amend the Hairdressers Act 1988, without any amendment.

House of Assembly, 1 March 2001.                                                    J.K.G. OSWALD, Speaker.

 

Hairdressers
(Miscellaneous)
Amendment Bill.

15.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 4 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

16.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Listening Devices (Miscellaneous) Amendment Bill.

 

In the Committee

 

                          Clause No. 1 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.

 

Listening Devices
(Miscellaneous)
Amendment Bill.

17.

On the Order of the Day being read for the adjourned debate on the question - That the Community Titles (Miscellaneous) 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.

 

Community Titles
(Miscellaneous)
Amendment Bill.

18.

Ordered - That Orders of the Day (Government Business) No. 7 to No. 9 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

19.

On the Order of the Day being read for the adjourned debate on the question – That the Legal Assistance (Restrained Property) 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.

 

Legal Assistance
(Restrained
Property)
Amendment Bill.

20.

Council adjourned at twenty-five minutes past five 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. 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. R. K. Sneath

The Hon.  J. F. Stefani

The Hon. N. Xenophon

The Hon. C. Zollo