SOUTH AUSTRALIA]

No. 13

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  15  NOVEMBER  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 Hon. A. J. Redford brought up the Fifth 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:

                          Petroleum Act 2000 - Principal Regulations.

 

Legislative
Review
Committee -
Fifth Report,
2000-2001.

   3.

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

 

Legislative
Review

Committee -
Sixth Report,
2000-2001.

   4.

The Treasurer, without notice, moved - That for this day Statements on Matters of Interest be postponed and taken into consideration on next day of sitting.

 

Statements on
Matters of
Interest -
Postponed.

   5.

Ordered - That Notices of Motion (Private Business) and Orders of the Day (Private Business) be postponed and taken into consideration after Notices of Motion (Government Business) and  Orders of the Day (Government Business).

 

Postponement
of Business.

   6.

The Attorney-General, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the State Disaster Act 1980.

                 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. T. G. Roberts, the debate was adjourned until next day of sitting.

 

State Disaster
(State Disaster
Committee)
Amendment Bill.

   7.

The Attorney-General, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Essential Services Act 1981.

                 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. T. G. Roberts, the debate was adjourned until next day of sitting.

 

Essential Services
(Miscellaneous)
Amendment Bill.

   8.

The Minister for Transport and Urban Planning, by leave, tabled a copy of a Ministerial Statement made by the Minister for Aboriginal Affairs (The Hon. D. C. Kotz, M.P.) concerning the National Indigenous Football and Netball Carnival.

 

Paper Tabled.

   9.

Ordered - That Order of the Day (Government Business) No. 1 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

10.

Ordered - That Orders of the Day (Government Business) No. 2 and No. 3 be postponed and taken into consideration on motion.

 

Postponement
of Business.

11.

Ordered - That Orders of the Day (Government Business) No. 4 to No. 20 be postponed and taken into consideration after Order of the Day (Government Business) No. 21.

 

Postponement
of Business.

12.

On the Order of the Day being read for the adjourned debate on the question - That the Barley Marketing (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. 6 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.

 

Barley Marketing
(Miscellaneous)
Amendment Bill.

13.

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

 

Postponement
of Business.

14.

Ordered - That Orders of the Day (Government Business) No. 5 and No. 6 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

15.

Ordered - That Order of the Day (Government Business) No. 7 be postponed and taken into consideration on motion.

 

Postponement
of Business.

16.

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

 

Postponement
of Business.

17.

Ordered - That Orders of the Day (Government Business) No. 9 and No. 10 be postponed and taken into consideration on motion.

 

Postponement
of Business.

18.

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

 

Postponement
of Business.

19.

Ordered - That Orders of the Day (Government Business) No. 12 and No. 13 be postponed and taken into consideration on motion.

 

Postponement
of Business.

20.

Ordered - That Orders of the Day (Government Business) No. 14 to No. 17 be postponed and taken into consideration after Order of the Day (Government Business) No. 18.

 

Postponement
of Business.

21.

On the Order of the Day being read for the adjourned debate on the question - That the Shop Trading Hours (Glenelg Tourist Precinct) Amendment Bill be now read a second time:

                 Debate resumed.

Shop Trading
Hours (Glenelg
Tourist Precinct)
Amendment Bill.

 

                 Question put.

            Council divided:

Ayes, 15

The Hon. T. G. Cameron

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. K. T. Griffin

The Hon. P. Holloway

The Hon. R. I. Lucas

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. D. Lawson (Teller)

      So it was resolved in the affirmative.

 

 

Noes, 3

The Hon. M. J. Elliott

The Hon. S. M. Kanck

The Hon. I. Gilfillan (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. 7 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 Minister for Disability Services, 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.

 

 

22.

Ordered - That Orders of the Day (Government Business) No. 14 to No. 17 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

23.

Ordered - That the adjourned debate on the question - That the Legal Practitioners (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.

 

Legal
Practitioners
(Miscellaneous)
Amendment Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 3 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.

 

 

24.

Ordered - That the adjourned debate on the question - That the Nuclear Waste Storage Facility (Prohibition No. 2) Bill be now read a second time - be now resumed.

                 Debate resumed.

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

 

Nuclear Waste
Storage Facility
(Prohibition No. 2)
Bill.

25.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Controlled Substances (Drug Offence Diversion) Amendment Bill.

 

In the Committee

 

                          Clause No. 1 further considered.

                          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 motion.

 

Controlled
Substances
(Drug Offence
Diversion)
Amendment Bill.

26.

At four minutes past 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.

27.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Controlled Substances (Drug Offence Diversion) Amendment Bill.

 

In the Committee

 

                          Clause No. 1 further considered and agreed to.

                          Clauses No. 2 and No. 3 agreed to.

                          Clause No. 4 amended and agreed to.

                          Clauses No. 5 and No. 6 agreed to.

                          Clause No. 7 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 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.

 

Controlled
Substances (Drug
Offence Diversion)
Amendment Bill.

28.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Development (System Improvement Program) Amendment Bill.

 

Development
(System
Improvement
Program)
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 motion.

 

 

29.

Ordered - That the adjourned debate on the question - That the Nuclear and Waste Storage Facility (Prohibition No. 2) 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. 3 agreed to.

                          Clause No. 4 read.

                 The Hon. T. G. Roberts moved on page 3, line 14, after ‘nuclear waste’ to insert ‘or “Category S nuclear waste”’ and on page 3, line 23, to leave out “fuel,” and insert “fuel; and”.

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

                 The Hon. S. M. Kanck moved on page 3, lines 24 to 28, to leave out all the words in these lines.

                 Question - That the amendment be agreed to - put.

Nuclear Waste
Storage Facility
(Prohibition No. 2)
Bill.

 

              Committee divided:

Ayes, 9

The Hon. M. J. Elliott

The Hon. I. Gilfillan

The Hon. P. Holloway

The Hon. R. R. Roberts

The Hon. T. G. Roberts

The Hon. R. K. Sneath

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. S. M. Kanck (Teller)

 

      So it passed in the negative.

 

Noes, 10

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. R. D. Lawson

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. C. V. Schaefer

The Hon. D. V. Laidlaw (Teller)

 

 

 

                          Clause No. 4 agreed to.

                          Clauses No. 5 to No. 14 agreed to.

                 The Hon. S. M. Kanck moved on page 6 , after line 5, to insert new clauses as follows:

                          Referendum on location of nuclear waste storage facility

                                                   15.  At the next general election of members of the House of Assembly after the commencement of this Act the following question must be submitted to a referendum of the  electors:

                                       Do you approve of the establishment of a facility in South Australia to store nuclear waste generated interstate or overseas?

                          Regulations

                                    16.  The Governor may make such regulations as are contemplated by this Act, or as are necessary or expedient for the purposes of this Act.”

                 Question - That new clause No. 15, as proposed to be inserted, be so inserted - put and negatived.

                 Question - That new clause No. 16, as proposed to be inserted, be so inserted - put and negatived.

                          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 Minister for Transport and 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.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

 

30.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Development (System Improvement Program) Amendment Bill.

 

In the Committee

 

                          Clause No. 1 further considered and agreed to.

                          Clauses No. 2 to No. 32 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.

                 Ordered - That the Bill be recommitted in respect of clauses No. 5, No. 9, No. 14, No. 17, No. 19, No. 20, No. 24, No. 26 and No. 32 and in respect of proposed new clauses No. 2A, No. 17A, No. 17B, No. 17C and No. 18A.

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

 

Development
(System
Improvement
Program)
Amendment Bill.

31.

Ordered - That Orders of the Day (Government Business) No. 19 and No. 20 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

32.

Ordered - That Order of the Day (Government Business) No. 22 be postponed and taken into consideration on motion.

 

Postponement
of Business.

33.

On the Order of the Day being read for the adjourned debate on the question - That the Racing (Transitional Provisions) 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. 3 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 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.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

Racing
(Transitional
Provisions)
Amendment Bill.

34.

Ordered - That Order of the Day (Government Business) No. 24 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

35.

On the Order of the Day being read for the adjourned debate on the question - That the Racing (Proprietary Business Licensing) 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.

 

Racing
(Proprietary
Business
Licensing) Bill.

36.

Ordered - That the adjourned debate on the question - That the South Australian Ports (Disposal of Maritime Assets) Bill be now read a second time - be now resumed.

                 Debate resumed.

                 And the Hon. P. Holloway having obtained leave to conclude his remarks, the debate was adjourned until next day of sitting.

 

South Australian
Ports (Disposal
of Maritime
Assets) Bill.

37.

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

 

Postponement
of Business.

38.

Ordered - That Notices of Motion and Orders of the Day (Private Business) set down for this day, be postponed and take precedence over Government Business on the Notice Paper on Thursday, 16 November 2000.

 

Private Business -
Re-ordering .

39.

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

 

Next Day
of Business.

40.

Council adjourned at twenty-two minutes to twelve o’clock midnight until tomorrow at eleven o’clock a.m.

 

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. 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