SOUTH AUSTRALIA]

No. 64

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY  13  NOVEMBER  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. 15.

                 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. 52 of 2001 - An Act to amend the West Beach Recreation Reserve Act 1987.

                 No. 53 of 2001 - An Act to amend the Land Acquisition Act 1969.

                 No. 54 of 2001 - An Act to facilitate rail transport by establishing a fund dedicated for the purpose; and for other purposes.

                 No. 55 of 2001 - An Act to amend the Criminal Law Consolidation Act 1935, the Domestic Violence Act 1994 and the Summary Procedure Act 1921.

                 No. 56 of 2001 - An Act to amend the Unclaimed Superannuation Benefits Act 1997.

                 No. 57 of 2001 - An Act to amend the Waterworks Act 1932.

Government House, Adelaide, 13 November 2001.        MARJORIE JACKSON-NELSON, Governor.

 

Message from
Governor:
Assent to Bills.

   3.

Answer to Question on Notice No. 105 received this day was tabled by the President who directed that it be distributed and printed in Hansard.

 

Answer to
Question on
Notice.

    4.

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

        By the President -

                 Auditor-General - Supplementary Report - Agency Audit Reports, 2000-2001.

                 District Council of Tumby Bay - Report, 2000-2001.

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

                 National Wine Centre of Australia Report, 2000-2001.

                 Regulations under the following Acts -

                          Education Act 1972 - School Financial Year.

                          Superannuation Act 1988 - Austraining International.

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

                 Reports, 2000-2001 -

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

                          Dairy Authority of South Australia.

                          Dog Fence Board - South Australia.

 

Papers.

 

                          South Australian Sheep Advisory Group.

                          The South Australian Forestry Corporation - ForestrySA.

                          SABOR Ltd.

                 Rules of Court -

                          Magistrates Court - Magistrates Court Act - Trial Court.

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

                 Regulations under the following Acts -

                          Liquor Licensing Act 1997 - Dry Areas -

                                   Mount Gambier.

                                   Victor Harbor.

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

                 Reports, 2000-2001 -

                          Charitable and Social Welfare Fund - Community Benefits SA.

                          Controlled Substances Advisory Council.

                          Department for Environment and Heritage.

                          Department for Transport, Urban Planning and the Arts.

                          Environment Protection Authority.

                          Reserve Planning and Management Advisory Committee.

                          South Australian Aboriginal Housing Authority.

                          The Office of the South Australian Independent Industry Regulator, Rail Regulation.

                          Wildlife Advisory Committee.

                 Coast Protection Board - Report, 1998-1999.

                 Regulation under the following Act -

                          National Parks and Wildlife Act 1972 - Dogs on Granite Island.

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

                 Reports, 2000-2001 -

                          Adelaide Festival Centre.

                          Adelaide Festival Corporation.

                          Art Gallery of South Australia.

                          Country Arts SA.

                          Disability Information and Resource Centre Inc.

                          History Trust of South Australia.

                          Jam Factory Contemporary Craft and Design Inc.

                          Libraries Board of South Australia.

                          South Australian Film Corporation.

                          South Australian Museum Board.

                          State Theatre Company of South Australia.

                          The Carrick Hill Trust.

                          The State Opera of South Australia.

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

                 Construction Industry Long Service Leave Board - Actuarial Report, 2000-2001.

                 Rules under Acts - Workers Rehabilitation and Compensation Act - Workers Compensation Tribunal Rules 2001.

 

 

   5.

The Minister for Transport and Urban Planning, while making a Ministerial Statement, tabled a copy of a Statement from Mr. Peter Sellers, concerning the 2002 Adelaide Festival.

 

Paper Tabled.

   6.

The Attorney-General, while making a Ministerial Statement, tabled a copy of a Report by Mr. P.J.L. Rofe, Q.C., Director of Public Prosecutions, dated 2 November 2001, concerning his consideration of the Report and findings of the Second Software Centre Inquiry.

 

Paper Tabled.

   7.

The Treasurer tabled a copy of a Ministerial Statement made by the Premier (The Hon. R. G. Kerin, M.P.) concerning our System of Government.

 

Paper Tabled.

   8.

The Attorney-General, without notice, moved - That the Standing Orders be so far suspended as to enable him to move an Instruction 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.

 

 

                 The Attorney-General moved - That it be an Instruction to the Committee of the whole Council on the Criminal Law Consolidation (Offences of Dishonesty) Amendment Bill that it have power to divide the Bill into two Bills, one Bill to be referred to as the Criminal Law Consolidation (Offences of Dishonesty) Amendment Bill comprising Clauses Nos. 1 and 2 and Clause No. 3, excluding proposed new sections 151 to 153, and Clauses Nos. 4 to 12 and Schedules 1 and 2, and the other to be referred to as the Criminal Law Consolidation (Payola) Amendment Bill comprising Clause No. 3, Part 6 - Division 3 - Payola, consisting of proposed new sections 151 to 153, and that it be an Instruction to the Committee of the whole Council on the Criminal Law Consolidation (Payola) Amendment Bill that it have power to insert the Words of Enactment.

                 Question put and passed.

 

Criminal Law
Consolidation
(Offences of
Dishonesty) Bill:
Instruction to
Committee of the
whole Council.

   9.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 11 be postponed and taken into consideration after Order of the Day (Government Business) No. 12.

 

Postponement
of Business.

10.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (Mobil Oil Refineries) Bill be now read a second time:

                 Debate resumed.

                 Question put.

Statutes
Amendment
(Mobil Oil
Refineries) Bill.

 

             Council divided:

Ayes, 16

The Hon. T. G. Cameron

The Hon. T. Crothers

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. K. T. Griffin

The Hon. P. Holloway

The Hon. R. D. Lawson

The Hon. C. A. Pickles

The Hon. A. J. Redford

The Hon. R. R. Roberts

The Hon. C. V. Schaefer

The Hon. R. K. Sneath

The Hon. J. F. Stefani

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. R. I. Lucas (Teller)

      So it was resolved in the affirmative.

 

Noes, 3

The Hon. M. J. Elliott

The Hon. I. Gilfillan

The Hon. S. M. Kanck (Teller)

 

 

 

 

                 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. 3 agreed to.

                          Clause No. 4 being a money clause, no question was put on the clause.

                          Clause No. 5 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 Treasurer, 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.

                 The Treasurer moved - That this Bill be now read a third time.

                 Question put.

 

 

             Council divided:

Ayes, 18

The Hon. T. G. Cameron

The Hon. T. Crothers

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. K. T. Griffin

The Hon. P. Holloway

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

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

The Hon. R. I. Lucas (Teller)

      So it was resolved in the affirmative.

 

Noes, 3

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. M. J. Elliott (Teller)

 

 

 

 

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

 

11.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 5 be postponed and taken into consideration after Order of the Day (Government Business) No. 6.

 

Postponement
of Business.

12.

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

 

In the Committee

 

                 The Attorney-General moved - That, according to Instruction, the Bill be divided into into two Bills, the first to be referred to as the Criminal Law Consolidation (Offences of Dishonesty) Amendment Bill to include Clauses Nos. 1 and 2 and Clause No. 3, excluding proposed new sections 151 to 153, and Clauses Nos. 4 to 12 and Schedules 1 and 2, and the second to be referred to as the Criminal Law Consolidation (Payola) Amendment Bill and to comprise Clause No. 3, Part 6 - Division 3 - Payola, consisting of proposed new sections 151 to 153.

                          Question put and passed.

                          Clauses No. 1 and No. 2 agreed to.

                          New clause No. 2A inserted.

                          Clause No. 3 read.

                          Clause No. 3, down to and including proposed new sections 130 to 150, amended and agreed to.

                          Clause No. 3, proposed new sections 151 to 153 postponed until after consideration of the Criminal Law Consolidation (Offences of Dishonesty) Amendment Bill had been reported and concluded.

                          Clause No. 3, proposed new section 154 agreed to.

                          Clauses No. 4 to No. 12 agreed to.

                          Clause No. 8 amended and agreed to.

                          Clauses No. 9 to No. 12 agreed to.

                          New clause No. 13 inserted.

                          Schedule 1 agreed to.

                          Schedule 2 agreed to.

                          Title agreed to.

                 Resolved - That the Chairman do now report the Criminal Law Consolidation (Offences of Dishonesty) Amendment Bill with amendments and that progress be reported on the Criminal Law Consolidation (Payola) Amendment Bill and leave asked to sit again.

_____________________

 

Criminal Law
Consolidation
(Offences of
Dishonesty)
Amendment Bill.

 

                 The President resumed the Chair, and reported that the Committee had considered the Bill referred to it, had divided it into two Bills pursuant to Instruction, and had agreed to the Criminal Law Consolidation (Offences of Dishonesty) Amendment Bill with amendments and had made progress on the Criminal Law Consolidation (Payola) Amendment Bill and asked leave to sit again in respect thereof; whereupon the Council adopted such reports.

                 Ordered - That the Committee have leave to sit again in respect of the Criminal Law Consolidation (Payola) Amendment Bill on next day of sitting.

                 The Attorney-General, pursuant to contingent notice, moved - That the Standing Orders be so far suspended as to enable the Criminal Law Consolidation (Offences of Dishonesty) Amendment 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.

 

 

13.

Ordered - That Orders of the Day (Government Business) No. 1 and No. 2 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

14.

Ordered - That Orders of the Day (Government Business) No. 3 to No. 5 and No. 7 be postponed and taken into consideration after Order of the Day (Government Business) No. 8.

 

Postponement
of Business.

15.

On the Order of the Day being read for the adjourned debate on the question - That the Classification (Publications, Films and Computer Games) (Miscellaneous No. 3) Amendment Bill be now read a second time - be now resumed.

                 Debate resumed.

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

 

Classification
(Publications,
Films and
Computer Games)
(Miscellaneous
No. 3) Amendment Bill.

 

16.

Ordered - That Orders of the Day (Government Business) No. 3 to No. 5, No. 7, No. 9 to No. 11 and No. 13 to No. 20  be postponed and taken into consideration on motion.

 

Postponement
of Business.

17.

Ordered - That the adjourned debate on the question - That the Fair Trading (Pyramid Selling and Defences) Amendment Bill be now read a second time - be now resumed.

                 Debate resumed.

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

 

Fair Trading
(Pyramid Selling
and Defences)
Amendment Bill.

 

18.

At four minutes to 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.

 

19.

Ordered - That the adjourned debate on the question - That the Gene Technology Bill be now read a second time:

                 Debate resumed.

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

 

Gene Technology
Bill.

 

20.

Ordered - That the adjourned debate on the question - That the Retail and Commercial Leases (Casual Mall Licences) Amendment Bill be now read a second time:

                 Debate resumed.

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

 

Retail and
Commercial Leases
(Casual Mall
Licences)
Amendment Bill.

 

21.

Ordered - That the adjourned debate on the question - That the Fair Trading (Pyramid Selling and Defences) Amendment Bill be now read a second time - be now resumed.

                 Debate resumed.

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

 

Fair Trading
(Pyramid Selling
and Defences)
Amendment Bill.

22.

Ordered - That the adjourned debate on the question - That the Prices (Prohibition on Return of Unsold Bread) Amendment 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 next day of sitting.

 

Prices (Prohibition
on Return of
Unsold Bread)
Amendment Bill.

 

23.

Ordered - That the adjourned debate on the question - That the Law Reform (Delay in Resolution of Personal Injury Claims) Bill be now read a second time - be now resumed.

                 Debate resumed.

                 Question put and passed.

                 Bill read a second time.

                 Ordered - That the Bill’s consideration in Committee be an Order of the Day for next day of sitting.

 

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

 

24.

Ordered - That the adjourned debate on the question - That the Freedom of Information (Miscellaneous) Amendment Bill be now read a second time - be now resumed.

                 Debate resumed.

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

 

Freedom of
Information
(Miscellaneous)
Amendment Bill.

 

25.

Ordered - That the adjourned debate on the question - That the Volunteers Protection 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 next day of sitting.

 

Volunteers
Protection Bill.

 

26.

The following Message from the House of Assembly was received and read:

Message No. 123

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Correctional Services Act 1982, to which it desires the concurrence of the Legislative Council.

House of Assembly, 1 November 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. P. Holloway, the debate was adjourned until next day of sitting.

 

Message from the House of Assembly:

Correctional
Services
(Miscellaneous)
Amendment Bill.

 

27.

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

 

Postponement
of Business.

28.

Council adjourned at sixteen minutes past nine 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. 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