[SOUTH AUSTRALIA]

No. 20

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY  16  FEBRUARY  1999

 

 

 

   1.

Council met pursuant to adjournment.  The President (The Hon. J. C. Irwin) took the Chair.

                 The President read prayers.

 

Meeting of

Council.

 

   2.

Answer to Question on Notice No. 79 received this day was tabled by the President who directed that it be distributed and printed in Hansard.

 

Answer to

Question on

Notice.

   3.

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

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

                 Australian Financial Institutions Commission - Report, 1997-98.

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

                 Reports, 1997-98 -

                          National Environment Protection Council.

                          Onkaparinga Catchment Water Management Board.

                          Public and Environmental Health Council.

                          Wilderness Protection Act.

                 Corporation By-laws -

                          Walkerville -

                                   No.    1   -   Permits and Penalties.

                                   No.    2   -   Bees.

                                   No.    3   -   Heights of Fences near Intersections.

                                   No.    4   -   Caravans and Tents.

                                   No.    5   -   Inflammable Growth.

                                   No.    6   -   Recreation Grounds and Reserves.

                                   No.    7   -   Streets and Public Places.

                                   No.    8   -   Garbage Removal.

                                   No.    9   -   Street Traders.

                                   No.  11   -   Animals, Birds and Poultry.

                 Development Act 1993 - Crown Development Report by the Minister for Transport and Urban Planning - Proposal for Four Development Applications to Establish an Electricity Power Station at Pelican Point and Associated Infrastructure in the Adjoining Locality.

 

Papers.

   4.

The Attorney-General, while making a Ministerial Statement, tabled a copy of a Report to him prepared by Mr. Paul Rofe, Q.C., Director of Public Prosecutions, concerning the Prosecution of Mr. Ralph Clarke, M.P., dated 16 February 1999.

 

Paper Tabled.

   5.

The Attorney-General tabled a copy of a Ministerial Statement made by the Minister for Government Enterprises (The Hon. M. H. Armitage, M.P.) concerning United Water Technologies.

 

Paper Tabled.

   6.

The Minister for Transport and Urban Planning tabled a copy of a Ministerial Statement made by the Minister for Environment and Heritage (The Hon. D. C. Kotz, M.P.) concerning the Bushfire in the Ngarkat Conservation Park.

 

Paper Tabled.

   7.

The Minister for Transport and Urban Planning, without notice, moved - That the Standing Orders be so far suspended as to enable Question Time to be extended to enable her to complete her reply to a question asked by the Hon. T. G. Cameron.

                 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, by leave, and at the request of the Treasurer, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Judges’ Pensions Act 1971, the Parliamentary Superannuation Act 1974, the Police Superannuation Act 1990 and the Superannuation Act 1988.

                 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.

 

Statutes

Amendment (Commutation for Superannuation Surcharge) Bill.

 

   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.

On the Order of the Day being read for the adjourned debate on the question - That the Criminal Law Consolidation (Appeals) Amendment Bill be now read a second time:

                 Debate resumed.

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

 

Criminal Law Consolidation (Appeals) Amendment Bill.

11.

Ordered - That Orders of the Day (Government Business) No. 3 to No. 7 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

12.

Ordered - That the adjourned debate on the question - That the Statutes Amendment (Sentencing - Miscellaneous) 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.

 

Statutes

Amendment

(Sentencing - Miscellaneous)

Bill.

 

13.

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

 

Postponement

of Business.

14.

Ordered - That Order of the Day (Government Business) No. 10 be an Order of the Day for next day of sitting.

 

Postponement

of Business.

15.

On the Order of the Day being read for the adjourned debate on the question - That the Supreme Court (Rules of Court) 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 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.

 

Supreme Court

(Rules of Court)

Amendment

Bill.

16.

Ordered - That Order of the Day (Government Business) No. 12 be an Order 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 Evidence (Miscellaneous) Amendment Bill be now read a second time:

                 Debate resumed.

                 Question put and passed.

                 Bill read a second time.

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

 

Evidence (Miscellaneous) Amendment

Bill.

18.

Ordered - That Order of the Day (Government Business) No. 14 be an Order of the Day for next day of sitting.

 

Postponement

of Business.

19.

Ordered - That Order of the Day (Government Business) No. 15 be postponed and taken into consideration on motion.

 

Postponement

of Business.

20.

Ordered - That Order of the Day (Government Business) No. 16 be an Order of the Day for next day of sitting.

 

Postponement

of Business.

21.

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

                 Debate resumed.

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

 

Listening Devices (Miscellaneous) Amendment Bill.

22.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (Local Government and Fire Prevention) Bill be now read a second time:

                 Debate resumed.

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

 

Statutes

Amendment

(Local Government and Fire

Prevention) Bill.

 

23.

The Attorney-General, without notice, moved - That the Standing Orders be so far suspended as to enable him to move that the Order made this day for the Evidence (Confidential Communications) Amendment Bill to be an Order of the Day for next day of sitting, be discharged and for the Order of the Day to be taken into consideration 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 the Order made this day for the Evidence (Confidential Communications) Amendment Bill to be an Order of the Day for next day of sitting, be discharged and for the Order of the Day to be taken into consideration forthwith.

                 Question put and passed.              

                 Debate resumed.

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

 

Order

Discharged.

 

Evidence (Confidential Communications) Amendment Bill.

 

  24.

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

Message No. 24

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith entitled an Act to facilitate the recognition within Australia of regulatory standards adopted by New Zealand regarding goods and occupations and, for that purpose, to adopt the Trans-Tasman Mutual Recognition Act 1997 of the Commonwealth as a law of the State, to which it desires the concurrence of the Legislative Council.

House of Assembly, 16 February 1999.                                                            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. A. Pickles, the debate was adjourned until next day of sitting.

 

Message from

House of Assembly:

Trans-Tasman Mutual

Recognition

(South Australia)

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.

Council adjourned at seven minutes to five 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. J. F. Stefani

The Hon. G. Weatherill

The Hon. N. Xenophon

The Hon. C. Zollo