[SOUTH AUSTRALIA]

No. 26

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

THURSDAY  13  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 Clerk announced that the following Petitions had been lodged for presentation:

                 By the Hon. C. A. Pickles from 3,084 residents of South Australia, by the Hon.
S. M. Kanck from 1,455 residents of South Australia and by the Hon. G. Weatherill from
112 residents of South Australia concerning the Totalizator Agency Board and the Lotteries Commission of South Australia and praying that this Honourable House will ensure the Totalizator Agency Board and the Lotteries Commission of South Australia remain Government owned.

Petitions -

Nos. 19, 20 and 21 -

TAB and Lotteries Commission of SA.

 

 

                 By the Hon. C. V. Schaefer, from 224 residents of South Australia and by the Hon.
R. D. Lawson from 45 residents of South Australia, concerning Prostitution and praying that the Council will strengthen the present law and ban all prostitution-related advertising to enable Police to suppress the prostitution trade more effectively.

No. 22 and No. 23 -

Prostitution.

 

 

                 By the Hon. S. M. Kanck from 355 residents of South Australia concerning the transport and storage of radioactive waste in South Australia and praying that this Honourable House will do all in its power to ensure that South Australia does not become the dumping ground for Australia’s or the world’s nuclear waste.

No. 24 -

Radioactive

Waste in

South Australia.

 

                 By the Hon. N. Xenophon from 78 residents of South Australia concerning the proposed introduction of poker machines at the Maylands Hotel and praying that this Honourable House will review and amend the Gaming Machines Act 1992 to stop the further proliferation of gaming machines in South Australia.

 

No. 25 - Poker Machines at

Maylands Hotel.

   3.

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

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

                 AustralAsia Railway Corporation - Report, 1998-99.

                 Department of Education, Training and Employment - Report, 1999.

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

                 South Australian Council on Reproductive Technology - Report, 1998-99.

 

Papers.

   4.

The Minister for Transport and Urban Planning tabled a copy of a Ministerial Statement made by the Minister for Environment and Heritage (The Hon. I. F. Evans, M.P.) concerning the Yellabinna Regional Reserve, together with a copy of the Report of the Review.

 

Paper Tabled.

   5.

The Minister for Transport and Urban Planning tabled a copy of a Review of Nullabor Regional Reserve, 1989-1999.

 

Paper Tabled.

   6.

The Attorney-General, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Criminal Law Consolidation Act 1935; and to make a related amendment to the Juries Act 1927.

                 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. P. Holloway, the debate was adjourned until next day of sitting.

 

Criminal Law Consolidation (Mental

Impairment) Amendment Bill.

   7.

The Attorney-General, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Fair Trading Act 1987, the Land and Business (Sale and Conveyancing) Act 1994, the Prices Act 1948 and the Trade Standards Act 1979.

                 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

(Consumer

Affairs - Portfolio) Bill.

   8.

The Attorney-General, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Juries Act 1927.

                 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.

 

Juries (Separation) Amendment

Bill.

   9.

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

 

Postponement

of Business.

10.

Ordered - That Orders of the Day (Government Business) No. 2 to No. 5 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

11.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Criminal Law Consolidation (Sexual Servitude) Amendment Bill.

 

In the Committee

 

                          Clause No. 1 considered.

                 The Hon. C. A. Pickles moved - That the Chairman report progress and seek leave for the Committee to sit again.

                 Question - That the motion be agreed to - put.

        Committee divided:

Criminal Law Consolidation (Sexual Servitude) Amendment Bill.

 

Ayes, 9.

The Hon. T. Crothers

The Hon. M. J. Elliott

The Hon. P. Holloway

The Hon. S. M. Kanck

The Hon. R. R. Roberts

The Hon. T. G. Roberts

The Hon. G. Weatherill

The Hon. C. Zollo

The Hon. C. A. Pickles (Teller)

Noes, 8.

The Hon. L. H. Davis

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. J. F. Stefani

The Hon. N. Xenophon

The Hon. K. T. Griffin (Teller)

 

 

 

        So it was resolved in the affirmative.

_____________________

 

                 The President resumed the Chair and reported progress.

                 The Attorney-General moved - That the Committee have leave to sit again on motion.

                 The Hon. C. A. Pickles moved to amend the motion by leaving out “on motion” and inserting “on next day of sitting”.

                 Question - That the words “on motion”, as proposed to be struck out by the Hon.
C. A. Pickles, stand part of the motion - put and negatived.

                 Question - That the words “on next day of sitting”, as proposed to be inserted by the Hon. C. A. Pickles, be so inserted - put and passed.

 

 

12.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the South Australian Health Commission (Direction of Hospitals and Health Centres) Amendment Bill.

 

In the Committee

 

                          Clause No. 1 further considered and agreed to.

                          Clause No. 2 agreed to.

                          Clause No. 3 read.

                 The Hon. S. M. Kanck moved on page 1, line 20, to leave out “An” and insert “Subject to this section, an”.

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

                 The Hon. S. M. Kanck moved on page 1, lines 22 and 23, to leave out paragraph (a) and insert new paragraphs as follows:

South Australian Health

Commission (Direction of Hospitals and Health Centres) Amendment Bill.

 

                         (a)     so as to affect clinical decisions relating to care or treatment provided by a hospital; or

                         (ab)     so as to reduce a hospital's capacity to meet its health service delivery objectives under its constitution; or

                         (ac)     with respect to the take over by any other body of functions of a hospital or the transfer of the undertaking of a hospital to another body or the dissolution of a hospital; or

                         (ad)     with respect to the alteration of the constitution of a hospital; or”.

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

 

 

                 The Hon. S. M. Kanck moved on page 2, after line 3, to insert new subsections as follow:

                               “(5)  A direction may not be issued under this section unless the Minister has—

                          (a)     first given the hospital notice, in writing, of the proposed direction; and

                          (b)     allowed at least 60 days from the giving of the notice for the hospital to respond to the proposed direction and consult with the Minister; and

                          (c)      given due consideration to any response to the proposed direction; and

                          (d)     given the hospital notice of the results of the Minister's consideration of the matter and any modification of the direction, and allowed a further period of 30 days to elapse from the giving of that notice for any further response from the hospital.

                               (6)  A direction under this section will not take effect until 14 days have elapsed after the giving of the direction.”

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

                          Clause No. 3 otherwise amended and agreed to.

                          Clause No. 4 read.

 

 

                 The Hon. S. M. Kanck moved on page 2, line 8, to leave out “An” and insert “Subject to this section, an” and on page 2, lines 10 and 11, to leave out paragraph (a) and insert new paragraphs as follow:

                          (a)   so as to affect clinical decisions relating to care or treatment provided by a health centre; or

                          (ab)   so as to reduce a health centre's capacity to meet its health service delivery objectives under its constitution; or

                          (ac)   with respect to the take over by any other body of functions of a health centre or the transfer of the undertaking of a health centre to another body or the dissolution of a health centre; or

                          (ad)   with respect to the alteration of the constitution of a health centre; or”

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

                 The Hon. S. M. Kanck moved on page 2, after line 16, to insert new subsections as follow:

                               “(5)  A direction may not be issued under this section unless the Minister has—

                          (a)     first given the health centre notice, in writing, of the proposed direction; and

                          (b)     allowed at least 60 days from the giving of the notice for the health centre to respond to the proposed direction and consult with the Minister; and

                          (c)      given due consideration to any response to the proposed direction; and

                          (d)     given the health centre notice of the results of the Minister's consideration of the matter and any modification of the direction, and allowed a further period of 30 days to elapse from the giving of that notice for any further response from the health centre.

                               (6)  A direction under this section will not take effect until 14 days have elapsed after the giving of the direction.”

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

 

 

                          Clause No. 4 otherwise amended and 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 amendments; 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.

                 The Minister for Transport and Urban Planning moved - That this Bill be now read a third time.

                 Debate ensued.

                 Question put and passed.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

 

13.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Offshore Minerals Bill.

 

In the Committee

 

                          Clause No. 3 further considered and agreed to.

                          Clauses No. 4 to No. 43 agreed to.

                          Clause No. 44 read.

                 The Hon. S. M. Kanck moved on page 18, after line 7, to insert new subclauses as follow:

                                     “(2) If a person carries out activities in coastal waters under a licence or special purpose consent and those activities interfere with an activity of a kind referred to in subsection (1) that someone else is lawfully carrying out, the person carrying out activities under the licence or consent is liable (whether or not he or she is guilty of an offence against subsection (1)) to compensate the other person in respect of the interference.

                                     (3)  The amount of compensation is to be determined by the Supreme Court.”

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

Offshore

Minerals Bill.

 

                          Clause No. 44 agreed to.

                          Clauses No. 45 to No. 53 agreed to.

                          Clause No. 54 read.

                 The Hon. S. M. Kanck moved on page 23, after line 3, to insert new subparagraphs as follow:

                          “(ia)   the nature of the block and the aquatic habitat of, and above, the block; and

                            (ib)   the likely impact of the activities referred to in subparagraph (i) on the block and the aquatic habitat of, and above, the block; and”.

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

 

 

                          Clause No. 54 agreed to.

                 The Hon. S. M. Kanck moved on page 23, after line 19, to insert new clause as follows:

                Environmental Assessment

                           54A.  (1)  The Minister must appoint a qualified person to provide the Minister with a written assessment of the likely impact of the activities proposed in the application on the environment.

                           (2)  An amount equivalent to the amount payable by the Minister to the person appointed under subsection (1) for or in relation to the assessment is a debt due by the applicant to the Minister.”

                 Question - That new clause No. 54A, as proposed to be inserted by the Hon.
S. M. Kanck, be so inserted - put and negatived.

                          Clauses No. 55 to No. 62 agreed to.

                          Clause No. 63 read.

                 The Hon. S. M. Kanck moved on page 27, line 4, to insert after “the Minister may” the words “, subject to subsection (2)” and on page 27, after line 9, to insert new subclause as follows:

 

 

                           “(2) The Minister must not grant an exploration licence if, in his or her opinion, the activities proposed in the application are likely to cause significant harm to the environment.”

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

 

 

                          Clause No. 63 agreed to.

                          Clauses No. 64 to No. 76 agreed to.

                          Clause No. 77 read.

                 The Hon. S. M. Kanck moved on page 30, after line 21, to insert new subparagraphs as follow:

                          “(ai)   the activities that the applicant intends to carry out on the reserved blocks; and

                            (bi)   the nature of the reserved blocks and the aquatic habitat of, and above, the blocks; and

                            (ci)   the likely impact of the activities referred to in subparagraph (ai) on the blocks and the aquatic habitat of, and above, the blocks; and”.

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

                 Clause No. 77 agreed to.

 

 

                 The Hon. S. M. Kanck moved on page 30, after line 31, to insert new clause as follows:

                 Environmental assessment

                            77A.  (1)  The Minister must appoint a qualified person to provide the Minister with a written assessment of the likely impact of the activities proposed in the application on the environment.

                            (2)  An amount equivalent to the amount payable by the Minister to the person appointed under subsection (1) for or in relation to the assessment is a debt due by the applicant to the Minister.”

                 Question - That the new clause No. 77A, as proposed to be inserted by the Hon.
S. M. Kanck, be so inserted - put and negatived.

 

 

                          Clauses No. 78 to No. 80 agreed to.

                          Clause No. 81 read.

                 The Hon. S. M. Kanck moved on page 31, line 18, to leave out “The Minister” and insert “Subject to subsection (4), the Minister” and on page 31, after line 24, to insert new subclause as follows:

                           “(4) The Minister must not grant an exploration licence if, in his or her opinion, the activities proposed in the application are likely to cause significant harm to the environment.”

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

 

 

                          Clause No. 81 agreed to.

                          Clauses No. 82 to No. 198 agreed to.

                          Clause No. 199 read.

                 The Hon. S. M. Kanck moved on page 74, after line 29, to insert new subparagraphs as follow:

                          “(ia)   the nature of the block or blocks and the aquatic habitat of, and above, the block or blocks; and

                           (ib)    the likely impact of the activities referred to in subparagraph (i) on the block or blocks and the aquatic habitat of, and above, the block or blocks; and”.

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

 

 

                          Clause No. 199 agreed to.

                 The Hon. S. M. Kanck moved on page 75, after line 10, to insert new clause as follows:

                  Environmental assessment

                          199A.  (1)  The Minister must appoint a qualified person to provide the Minister with a written assessment of the likely impact of the activities proposed in the application on the environment.

                          (2) An amount equivalent to the amount payable by the Minister to the person appointed under subsection (1) for or in relation to the assessment is a debt due by the applicant to the Minister.”

                 Question - That new clause No. 199A, as proposed to be inserted by the Hon.
S. M. Kanck, be so inserted - put and negatived.

                          Clauses No. 200 to No. 205 agreed to.

                          Clause No. 206 read.

                 The Hon. S. M. Kanck moved on page 77, line 7, after “the Minister may” to insert
“, subject to subsection (2)” and on page 77, after line 12, to insert new subclause as follows:

 

 

                           “(2) The Minister must not grant a mining licence if, in his or her opinion, the activities proposed in the application are likely to cause significant harm to the environment.”

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

 

 

                          Clause No. 206 agreed to.

                          Clauses No. 207 to No. 220 agreed to.

                          Clause No. 221 read.

                 The Hon. S. M. Kanck moved on page 81, line 18, to insert new subparagraphs as follow:

                          “(ai)   the activities that the applicant intends to carry out on the reserved blocks; and

                            (bi)   the nature of the reserved blocks and the aquatic habitat of, and above, the blocks; and

                            (ci)   the likely impact of the activities referred to in subparagraph (ai) on the blocks and the aquatic habitat of, and above, the blocks; and”.

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

 

 

                          Clause No. 221 agreed to.

                 The Hon. S. M. Kanck moved on page 81, after line 28, to insert new clause as follows:

                Environmental assessment

                              221A. (1) The Minister must appoint a qualified person to provide the Minister with a written assessment of the likely impact of the activities proposed in the application on the environment.

                              (2) An amount equivalent to the amount payable by the Minister to the person appointed under subsection (1) for or in relation to the assessment is a debt due by the applicant to the Minister.”

                 Question - That the new clause No. 221A, as proposed to be inserted by the Hon.
S. M. Kanck, be so inserted - put and negatived.

 

 

                          Clauses No. 222 to No. 224 agreed to.

                          Clause No. 225 read.

                 The Hon. S. M. Kanck moved on page 82, line 15, to leave out “The Minister” and insert “Subject to subsection (4), the Minister” and on page 82, after line 21, to insert new subclause as follows:

                           “(4) The Minister must not grant a mining licence if, in his or her opinion, the activities proposed in the application are likely to cause significant harm to the environment.”

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

 

 

                          Clause No. 225 agreed to.

                          Clause No. 226 to No. 270 agreed to.

                          Clause No. 271 read.

                 The Hon. S. M. Kanck moved on page 98, after line 2, to insert new paragraphs as follow:

                         “(da)  include details of the seabed and subsoil at the location of the proposed activities and the aquatic habitat of, and above, the seabed and subsoil at that location; and

                           (db)   include details of the likely impact of the proposed activities on the seabed and subsoil and the aquatic habitat of, and above, the seabed and subsoil at that location; and”.

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

 

 

                          Clause No. 271 agreed to.

                          Clause No. 272 to No. 331 agreed to.

                          Clause No. 332 read.

                 The Hon. S. M. Kanck moved on page 118, lines 7 and 8, to leave out “if the person pays the fee prescribed by the regulations” and insert “without payment of a fee.”

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

                          Clause No. 332 agreed to.

                          Clauses No. 333 to No. 442 agreed to.

                          Schedule 1 agreed to.

                          Schedule 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 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.

 

 

14.

The Council, according to order, resolved itself into a Committee of the Whole for the  consideration of the Occupational Health, Safety and Welfare (Penalties) Amendment Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 5 agreed to.

                          Clause No. 6 read.

                 The Hon. N. Xenophon moved on page 3, line 2, to leave out “subsection (7)” and insert “subsections (6) and (7)”.

                 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.

 

Occupational

Health, Safety and Welfare (Penalties) Amendment Bill.

15.

The Treasurer, according to order, moved - That the National Tax Reform (State Provisions) Bill be now read a second time.

                 On motion of the Hon. C. Zollo, the debate was adjourned until next day of sitting.

 

National Tax

Reform (State Provisions) Bill.

16.

Ordered - That Orders of the Day (Government Business) No. 10 to No. 20 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

17.

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. A. J. Redford, the debate was adjourned and ordered to be resumed on motion.

 

Road Traffic

(Red Light

Camera Offences) Amendment Bill.

 

18.

The Attorney-General, 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. to enable business of the day to be concluded.

                 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.

19.

Ordered - That the adjourned debate on the question - That the Road Traffic (Red Light Camera Offences) Amendment Bill be now read a second time - be now resumed.

                 Debate resumed.

                 And the Minister for Transport and Urban Planning, having obtained leave to conclude her remarks, the debate was adjourned until next day of sitting.

 

Road Traffic

(Red Light

Camera Offences) Amendment Bill.

 

  20.

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

Message No. 47

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to provide for the collection of samples from State Competitors for testing for scheduled drugs and doping methods; to confer functions and powers on the Australian Sports Drug Agency in relation to collecting and testing those samples; and for other related purposes, to which it desires the concurrence of the Legislative Council.

House of Assembly, 13 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:

Sports Drug

Testing Bill.

 

 

Message No. 48

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Water Resources Act 1997, to which it desires the concurrence of the Legislative Council.

House of Assembly, 13 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.

 

Water Resources (Water

Allocations) Amendment

Bill.

 

 

Message No. 49

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Development Act 1993, without any amendment.

House of Assembly, 13 April 2000.                                                   J.K.G. OSWALD, Speaker.

 

Development (Significant Trees) Amendment

Bill.

21.

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

 

Postponement

of Business.

22.

Ordered - That the Council, at its rising, do adjourn until Tuesday, 2 May 2000, at fifteen minutes past two o’clock.

 

Next Day

Of Sitting.

23.

Council adjourned at twenty minutes to seven o’clock until Tuesday, 2 May 2000, 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. 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