[SOUTH AUSTRALIA]

No. 15

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

THURSDAY 14 NOVEMBER 1996

 

 

 

   1.

Council met pursuant to adjournment.  The President (The Hon. H.P.K. Dunn) took the Chair.

                 The President read prayers.

 

Meeting of

Council.

   2.

The Minister for Education and Children’s Services (The Hon. R. I. Lucas), by leave, moved - That the Legislative Council expresses its deep regret at the death of the Hon. A. R. Curren, former  Member of the House of Assembly, and places on record its appreciation of his distinguished public service and that, as a mark of respect to his memory, the sitting of the Council be suspended until the ringing of the bells.

                 And being supported by the Hon. C. A. Pickles and the Hon. J.A.W. Levy:

                 Motion carried in silence, Members standing in their places.

 

Death of

Hon. A. R. Curren.

   3.

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

                 At twenty-four minutes to three o’clock the sitting was resumed.

 

Suspension and

Resumption of

Sitting.

   4.

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

        By the President -

                 South Australian State Ombudsman - Report, 1995-96.

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

                 Commissioner for Consumer Affairs - Report, 1995-96.

        By the Attorney-General on behalf of the Minister for Transport (The Hon. D. V. Laidlaw) -

                 Reports, 1995-96 -

                          Chiropractors Board of South Australia.

                          Radiation Protection and Control Act 1982 - Administration of.

                          South Australian Housing Trust.

                 Local Government Act 1934 - Amendment of Local Government Superannuation Scheme - 1 November 1996.

 

Papers.

   5.

The Minister for Education and Children’s Services tabled a copy of a Ministerial Statement made by the Minister for Mines and Energy (The Hon. S. J. Baker, M.P.) concerning the South Australian Steel and Energy Project.

 

Paper

Tabled.

   6.

The Minister for Education and Children’s Services tabled a copy of a Ministerial Statement made by the Minister for Police (The Hon. S. J. Baker, M.P.) concerning Police Efficiency Initiatives.

 

Paper

Tabled.

   7.

The Minister for Education and Children’s Services, without notice, moved - That the Standing Orders be so far suspended as to enable Question Time to be extended until twenty-five minutes to four o’clock.

                 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 Attorney-General, without notice,  moved - That the Standing Orders be so far suspended as to enable him to introduce a Bill forthwith.

                 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 then moved - That he have leave to introduce a Bill for an Act to Criminal Law Consolidation Act 1976.

                 Question put and passed.

 

Leave to

introduce

a Bill.

 

   9.

The Attorney-General, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to Retail Shop Leases Act 1995.

                 Question put and passed.

 

Leave to

introduce

a Bill.

10.

The Minister for Education and Children’s Services, according to order, moved - That the South Australian Ports (Bulk Handling Facilities) Bill be now read a second time.

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

 

South

Australian

Ports (Bulk Handling

Facilities) Bill.

 

11.

The Minister for Education and Children’s Services, according to order, moved - That the Local Government (Miscellaneous Provisions) Amendment Bill be now read a second time.

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

 

Local

Government (Miscellaneous Provisions) Amendment Bill.

 

12.

Ordered - That Orders of the Day (Government Business) No. 3 to No. 8 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

  13.

On the Order of the Day being read for the adjourned debate on the question - That the Roxby Downs (Indenture Ratification) (Amendment of Indenture) Amendment Bill be now read a second time:

                 Debate resumed.

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

 

Roxby Downs (Indenture Ratification) (Amendment

of Indenture) Amendment Bill.

 

  14.

On the Order of the Day being read for the adjourned debate on the question - That the Police (Contract Appointments) 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.

 

Police (Contract Appointments) Amendment

Bill.

  15.

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

Message No. 25

                 MR. PRESIDENT - The House of Assembly has disagreed to the amendments made by the Legislative Council in the Local Government (City of Adelaide) Bill.  The House of Assembly returns the Bill herewith and desires its reconsideration.

House of Assembly, 14 November 1996.                                                                G. M. GUNN, Speaker.

                 Bill read a first time.

                 Ordered - That the Message be taken into consideration forthwith.

                 The President then left the Chair and the Council resolved itself into a Committee of the Whole for the consideration of the Message.

 

In the Committee

 

                          Resolved - That the amendments be insisted on.

                         

_____________________

 

                 The President resumed the Chair, and reported accordingly; whereupon the Council adopted such report.

 

Message from

House of Assembly:

Local

Government

(City of

Adelaide) Bill.

 

16.

Ordered - That Orders of the Day (Government Business) No. 11 to No. 17 be postponed and taken into consideration after Order of the Day (Government Business) No. 18.

 

Postponement

of Business.

17.

On the Order of the Day being read for the consideration of Message No. 20 from the House of Assembly relating to the Racial Vilification Bill:

                 Ordered - That a Message be sent to the House of Assembly granting a Conference, as requested by that House; and that the time and place for holding the same be the Plaza Room at the hour of 9.00 a.m. on Friday, 15 November 1996, and that the Hon. T. Crothers, the Hon. S. M. Kanck, the Hon. R. D. Lawson, the Hon. P. Nocella and the Minister for Education and Children’s Services be the Managers on the part of this House.

 

Racial

Vilification

Bill.

  18.

Ordered - That the adjourned debate on the question - That the Police (Contract Appointments) Amendment Bill be now read a second time - be now resumed.

                 Debate resumed.

                 On motion of the Hon. J. F. Stefani, the debate was adjourned until next day of sitting.

 

Police (Contract Appointments) Amendment

Bill.

  19.

The Attorney-General, according to order and pursuant to leave granted this day, introduced a Bill for an Act to amend the Criminal Law Consolidation Act 1936.

                 Bill read a first time.

                 The Attorney-General then moved - That this Bill be now read a second time.

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

 

Criminal Law Consolidation

(Self Defence) Amendment

Bill.

  20.

The Attorney-General, according to order and pursuant to leave granted this day, introduced a Bill for an Act to amend the Retail Shop Leases Act 1995.

                 Bill read a first time.

                 The Attorney-General then moved - That this Bill be now read a second time.

                 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.

                 Debate ensued.

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

 

Retail Shop

Leases

Amendment

Bill.

  21.

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

Message No. 26

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Irrigation Act 1994, to which it desires the concurrence of the Legislative Council.

House of Assembly, 14 November 1996.                                                                G. M. GUNN, 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:

Irrigation

(Conversion

to Private

Irrigation

District)

Amendment Bill.

 

 

Message No. 27

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Animal and Plant Control (Agricultural Protection and Other Purposes) Act 1986, to which it desires the concurrence of the Legislative Council.

House of Assembly, 14 November 1996.                                                                G. M. GUNN, Speaker.

                 Bill read a first time.

                 Ordered - That the second reading be an Order of the Day for next day of sitting.

 

Animal and

Plant Control (Agricultural Protection and

Other Purposes) (Interim Control Boards)

Amendment Bill.

 

 

Message No. 28

                 MR. PRESIDENT - The House of Assembly requests that a Conference may be granted to it respecting certain amendments in the Local Government (City of Adelaide) Bill.  In the event of a Conference being agreed to, the House of Assembly will be represented at the Conference by five Managers.

House of Assembly, 14 November 1996.                                                                G. M. GUNN, Speaker.

                 Ordered - That a Message be sent to the House of Assembly granting a Conference as requested by that House; and that the time and place for holding the same be the Plaza Room at the Hour of 8.30 a.m. on Thursday, 21 November 1996, and that the Hon. M. J. Elliott, the Hon. P. Holloway, the Hon. J.A.W. Levy, the Hon. A. J. Redford and the Minister for Transport be the Managers on the part of this House.

 

Local

 Government

(City of

Adelaide) Bill.

 

 

Message No. 29

                 MR. PRESIDENT - In reply to Message No. 16 from the Legislative Council, the House of Assembly agrees to the time and place appointed by the Legislative Council for holding the Conference.

House of Assembly, 14 November 1996.                                                                G. M. GUNN, Speaker.

 

Racial

Vilification

Bill.

22.

Ordered - That Order of the Day (Government Business) No. 11 be an Order 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 Legal Practitioners (Miscellaneous) 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 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.

 

Legal

Practitioners (Miscellaneous) Amendment

Bill.

  24.

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

Message No. 30

                 MR. PRESIDENT - In reply to Message No. 17 from the Legislative Council, the House of Assembly agrees to the time and place appointed by the Legislative Council for holding the Conference.

House of Assembly, 14 November 1996.                                                                G. M. GUNN, Speaker.

                

Message from

House of Assembly:

Local

Government

(City of

Adelaide) 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.

Ordered - That the Council, at its rising, do adjourn until Tuesday, 26 November 1996.

 

Next Day

of Sitting.

27.

Council adjourned at sixteen minutes to six o’clock until Tuesday, 26 November 1996, 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. J. C. Irwin

 

The Hon. S. M. Kanck

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. J.A.W. Levy

The Hon. R. I. Lucas

The Hon. P. Nocella

The Hon. B.S.L. Pfitzner

 

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. J. F. Stefani

The Hon. G. Weatherill