SOUTH AUSTRALIA]

No. 23

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  14  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.

The following Paper was laid upon the Table, viz.:

        By the President -

                 Supplementary Report of the Auditor-General 1999-2000 on the Electricity Businesses Disposal Process in South Australia - Arrangements for the Disposal of Optima Energy Pty. Ltd., Synergen Pty. Ltd., Flinders Power Pty. Ltd., Terra Gas Trader Pty. Ltd. and ElectraNet SA - Some Audit Observations.

 

Paper.

   3.

The Hon. A. J. Redford brought up the Tenth Report, 2000-2001 of the Legislative Review Committee, which was read by the Clerk as follows:-

                 The Regulations listed hereunder are at present being considered by the Legislative Review Committee.  Evidence is being taken on these matters and it is necessary for a Notice of Motion for Disallowance to be given in both Houses before the expiration of 14 sitting days to allow the Committee time to complete its deliberations.

                 Honourable Members are warned that after further consideration has been given to the Regulations, the Committee may decide to take no further action.

                 Regulations referred to -

                          Local Government Act 1999 - Superannuation Scheme Rules - Unpaid Contributions.

                          State Records Act 1997 - Exclusion from Application.

                          Electricity Act 1996 - Industry Regulator Powers - Variation.

                          Firearms Act 1997 - Checks, International Shooters.

 

Legislative
Review
Committee -
Tenth Report,
2000-2001.

   4.

The Hon. A. J. Redford brought up the Eleventh Report, 2000-2001 of the Legislative Review Committee.

 

Legislative
Review

Committee -
Eleventh Report,
2000-2001.

   5.

The Hon. A. J. Redford brought up the Twelfth Report, 2000-2001 of the Legislative Review Committee.

 

Legislative
Review
Committee -
Twelfth Report,
2000-2001.

   6.

The President called on Members to make Statements on Matters of Interest.

 

Statements
on Matters
of Interest.

   7.

Ordered - That Notices of Motion (Private Business) No. 1 to No. 6 be Orders of the Day for Wednesday, 28 March 2001.

 

Postponement
of Business.

   8.

The Hon. S. M. Kanck, pursuant to notice, moved - That she have leave to introduce a Bill for an Act to provide for the administration of medical procedures to assist the death of patients who are hopelessly ill, and who have expressed a desire for the procedures subject to appropriate safeguards.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon S. M. Kanck then moved - That this Bill be now read a second time.

                 On motion of the Hon. C. A. Pickles, the debate was adjourned until Wednesday, 28 March 2001.

 

Dignity in
Dying Bill.

   9.

The Hon. N. Xenophon, pursuant to notice, moved - That the Legislative Review Committee inquire into and report on the operation of section 69A of the Evidence Act 1929, and, in particular, the effect of the publication of names of accused persons on them and their families who are subsequently not convicted or found guilty of any criminal or other offence.

                 On motion of the Hon. T. G. Cameron, the debate was adjourned until Wednesday, 28 March 2001.

 

Section 69A of
Evidence Act
1929 - Legislative Review Committee
to inquire into
operation of -
Motion re.

10.

The Hon. T. G. Cameron, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Electoral Act 1985 and to make related amendments to the Age of Majority (Reduction Act) 1971, the City of Adelaide Act 1988 and the Local Government (Elections) Act 1999.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon T. G. Cameron then moved - That this Bill be now read a second time.

                 On motion of the Hon. J.S.L. Dawkins, the debate was adjourned until Wednesday, 28 March 2001.

 

Electoral
(Voting  Age)
Amendment Bill.

11.

Order of the Day read for the Report of the Select Committee on Outsourcing of State Government Services to be brought up:

                 Ordered - That the time for bringing up the Report be extended until Wednesday, 25 July 2001.

 

Select Committee
on Outsourcing of
State Government
Services -
Report of Select
Committee to
be brought up.

12.

Order of the Day read for the Report of the Select Committee on Wild Dog Issues in the State of South Australia to be brought up:

                 Ordered - That the time for bringing up the Report be extended until Wednesday, 25 July 2001.

 

Select Committee
on Wild Dog
Issues in the
State of South
Australia -
Report of Select
Committee to
be brought up.

13.

Order of the Day read for the Report of the Select Committee on Internet and Interactive Home Gambling and Gambling by other means of Telecommunication in South Australia to be brought up:

                 Ordered - That the time for bringing up the Report be extended until Wednesday, 25 July 2001.

 

Select Committee
on Internet and
Interactive Home
Gambling and
Gambling by
other means of
Telecommunication
in South Australia -
Report of Select
Committee to
be brought up.

14.

Order of the Day read for the Report of the Select Committee on the Future of the Queen Elizabeth Hospital to be brought up:

                 Ordered - That the time for bringing up the Report be extended until Wednesday, 25 July 2001.

 

Select Committee
on the Future of
the Queen
Elizabeth Hospital -
Report of Select
Committee to
be brought up.

15.

Ordered - separately - That Orders of the Day (Private Business) No. 5 to No. 7 be Orders of the Day for Wednesday, 28 March 2001.

 

Postponement
 of Business.

16.

Ordered - That Order of the Day (Private Business) No. 8 be discharged.

 

Business
Discharged.

17.

Ordered - That Order of the Day (Private Business) No. 9 be postponed and taken into consideration on motion.

 

Postponement
of Business.

18.

Ordered - separately - That Orders of the Day (Private Business) No. 10 to No. 20 be Orders of the Day for Wednesday, 28 March 2001.

 

Postponement
of Business.

19.

Ordered - That Order of the Day (Private Business) No. 21 be discharged.

 

Business
Discharged.

20.

Ordered - separately - That Orders of the Day (Private Business) No. 22 to No. 24 be Orders of the Day for Wednesday, 28 March 2001.

 

Postponement
of Business.

21.

Ordered - That Order of the Day (Private Business) No. 25 be postponed and taken into consideration on motion.

 

Postponement
of Business.

22.

Ordered - That Order of the Day (Private Business) No. 26 be an Order of the Day for Wednesday, 28 March 2001.

 

Postponement
of Business.

23.

Ordered - That Order of the Day (Private Business) No. 27 be discharged.

                 Ordered - That the Gaming Machines (Freeze on Gaming Machines) Amendment Bill be withdrawn.

Business
Discharged.
Gaming Machines
(Freeze on
Gaming Machines)
Amendment Bill -
Bill Withdrawn.

24.

Ordered - That Order of the Day (Private Business) No. 9 be an Order of the Day for Wednesday, 28 March 2001.

 

Postponement
of Business.

25.

The Minister for Transport and Urban Planning (The Hon. D. V. Laidlaw), pursuant to notice, moved - That she have leave to introduce a Bill for an Act to amend the Harbors and Navigation Act 1993, the Motor Vehicles Act 1959 and the Road Traffic Act 1961.

                 Question put and passed.

                 Bill introduced and 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.

 

Statutes
Amendment
(Transport
Portfolio) Bill.

26.

Order of the Day read for the Report of the Select Committee on the Adelaide Cemeteries Authority Bill 2000 to be brought up:

                 Ordered - That the time for bringing up the Report be extended until Wednesday, 25 July 2001.

 

Select Committee
on the Adelaide
Cemeteries
Authority Bill 2000 -
Report of Select
Committee to
be brought up.

27.

Ordered - That Orders of the Day (Government Business) No. 2 and No. 3 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

28.

Ordered - That Order of the Day (Government Business) No. 4 be postponed and taken into consideration on motion.

 

Postponement
of Business.

29.

Ordered - That Order of the Day (Government Business) No. 5 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

30.

Ordered - That Orders of the Day (Government Business) No. 6 to No. 8 be postponed and taken into consideration after Order of the Day (Government Business) No. 10.

 

Postponement
of Business.

31.

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

                 Debate resumed.

                 On motion of the Hon. J. F. Stefani, the debate was adjourned and ordered to be resumed on motion.

 

State Disaster
(State Disaster
Committee)
Amendment Bill.

32.

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

                 Debate resumed.

                 On motion of the Hon. J. F. Stefani, the debate was adjourned and ordered to be resumed on motion.

 

Essential Services
(Miscellaneous)
Amendment Bill.

33.

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

 

Postponement
of Business.

34.

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. J. F. Stefani, the debate was adjourned and ordered to be resumed on motion.

 

Community Titles
(Miscellaneous)
Amendment Bill.

35.

Ordered - That Order of the Day (Government Business) No. 8 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

36.

Ordered - That Order of the Day (Government Business) No. 11 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

37.

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

                 Debate resumed.

                 Question put and passed.

                 Bill read a second time.

                 Ordered - That the Committee stages be an Order of the Day for next day of sitting.

 

Community Titles
(Miscellaneous)
Amendment Bill.

38.

Ordered - That the adjourned debate on the question - That the State Disaster (State Disaster Committee) Amendment Bill be now read a second time - be now resumed.

                 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. 8 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.

 

State Disaster
(State Disaster
Committee)
Amendment Bill.

39.

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

                 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. 8 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.

 

Essential Services
(Miscellaneous)
Amendment Bill.

 

                 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.

 

 

40.

Ordered - That Orders of the Day (Government Business) No. 12 and No. 13 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

41.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Netherby Kindergarten (Variation of Waite Trust) Act Repeal Bill.

 

In the Committee

 

                          Clauses No. 1 and No. 2 agreed to.

                          Preamble 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.

 

Netherby
Kindergarten
(Variation of
Waite Trust)
Act Repeal Bill.

42.

On the Order of the Day being read for the adjourned debate on the question - That the Fisheries (Southern Zone Rock Lobster Fishery Rationalization) Act Repeal 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.

 

Fisheries
(Southern Zone
Rock Lobster
Rationalization)
Act Repeal Bill.

43.

Ordered - That Orders of the Day (Government Business) No. 16 to No. 18 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

  44.

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

Message No. 49

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to ratify and approve the Lake Eyre Basin Intergovernmental Agreement; and for other purposes, to which it desires the concurrence of the Legislative Council.

House of Assembly, 13 March 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. Zollo, the debate was adjourned until next day of sitting.

 

Message from
House of
Assembly:
Lake Eyre Basin
(Intergovernmental
Agreement) Bill.

45.

Ordered - That Order of the Day (Private Business) No. 25 be an Order of the Day for Wednesday, 28 March 2001.

 

Postponement
of Business.

46.

Ordered - That Order of the Day (Government Business) No. 4 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

47.

Ordered - That the Council, at its rising, do adjourn until tomorrow at eleven o’clock a.m.

 

Next Day
of Sitting.

48.

Council adjourned at one minute past six o’clock p.m. until tomorrow at eleven o’clock a.m.

 

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