[SOUTH AUSTRALIA]

No. 13

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY 16 NOVEMBER 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.

Answers to Questions on Notice Nos. 14, 52 and 53 received this day were tabled by the President who directed that they be distributed and printed in Hansard.

 

Answers to

Questions on

Notice.

 

   3.

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

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

                 Office of the Commissioner for Public Employment - Report, 1998-99.

                 Office of the Commissioner for Public Employment - South Australian Public Sector Workforce Information, June 1999.

                 Regulation under the following Act -

                          Education Act 1972 - Teachers’ Registration.

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

                 Reports, 1998-99 -

                          Department of Correctional Services.

                          Industrial Relations Advisory Committee.

                          South Australian Metropolitan Fire Service.

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

                 Regulations under the following Acts -

                          Emergency Services Funding Act 1998 - Remission of Levy.

                          Liquor Licensing Act 1997 - Dry Areas - Brighton.

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

                 Reports, 1998-99 -

                          Arid Areas Water Resources Planning Committee.

                          Board of the Botanic Gardens and State Herbarium.

                          Clare Valley Water Resources Planning Committee.

                          Eyre Region Water Resources Planning Committee.

                          Homestart Finance.

                          Mallee Water Resources Planning Committee.

                          Office of the Ageing.

                          River Murray Catchment Water Management Board.

                          Water Well Drilling Committee.

                 Regulations under the following Act -

                          Road Traffic Act 1961 -

                                   Road Rules -

                                             Miscellaneous.

                                             Readers’ Guide.

                                   Variation - Clearways.

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

                 Reports, 1998-99 -

                          Community Information Strategies Australia.

                          Disability Information and Resources Centre Inc.

                          Jam Factory Contemporary Craft and Design Inc.

                          South Australian Museum Board.

                          South Australian Productive Creative Competition.

 

Papers.

 

   4.

The Hon. J.S.L. Dawkins brought up the Report of the Environment, Resources and Development Committee on Mining Oil Shale at Leigh Creek.

Environment, Resources and Development Committee -

Report on Mining

Oil Shale at

Leigh Creek.

 

   5.

The Treasurer tabled a copy of a Ministerial Statement made by the Premier (The Hon. J. W. Olsen, M.P.) concerning New Year’s Eve Industrial Relations Deal.

 

Paper Tabled.

   6.

The Treasurer tabled a copy of the Agreement (Probity Audit Services) between the Treasurer (“The Client”) and Simon Stretton (“Consultant”), dated 10th Day of July 1999, together with a Deed of Amendment between the Treasurer (“Treasurer”) and Simon Stretton (“Consultant”), dated 28th Day of October 1999 and a letter from the Treasurer to Mr Stretton, dated 17 August 1999.

 

Papers Tabled.

   7.

On the Order of the Day being read for the adjourned debate on the motion of the Minister for Transport and Urban Planning - That this Council requests His Excellency The Governor to make a proclamation under section 43(2) of the National Parks and Wildlife Act 1972 that declares that rights of entry, prospecting, exploration and mining under the Mining Act 1971 may be acquired and exercised in respect of that portion of Yumbarra Conservation Park being Section 457, North Out of Hundreds, County of Way (Fowler):

                 Debate resumed.

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

 

Proclamation by

His Excellency

The Governor concerning Mining

in Yumbarra Conservation Park -Motion re.

 

   8.

Ordered - That Orders of the Day (Government Business) No. 2 to No. 4 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

   9.

On the Order of the Day being read for the adjourned debate on the question - That the Hindmarsh Island Bridge Bill be now read a second time:

                 Debate resumed.

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

 

Hindmarsh Island Bridge Bill.

10.

Ordered - That Orders of the Day (Government Business) No. 6 and No. 7 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

11.

On the Order of the Day being read for the adjourned debate on the question - That The Carriers Act Repeal 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.

 

The Carriers Act Repeal Bill.

 

In the Committee

 

                          Clauses No. 1 and No. 2 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.

 

 

 

12.

Ordered - That Orders of the Day (Government Business) No. 9 and No. 10 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 Legal Practitioners (Miscellaneous) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. J.S.L. Dawkins, the debate was adjourned and ordered to be resumed on motion.

 

Legal Practitioners (Miscellaneous) Amendment Bill.

 

14.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (Visiting Medical Officers Superannuation) 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 and 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 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.

                 Question put and passed.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

Statutes

Amendment

(Visiting

Medical Officers Superannuation)

Bill.

 

15.

On the Order of the Day being read for the adjourned debate on the question - That the South Australian Health Commission (Direction of Hospitals and Health Centres) Amendment Bill be now read a second time:

                 Debate resumed.

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

 

South Australian

Health Commission (Direction of Hospitals and Health Centres) Amendment Bill.

 

16.

At one minute 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.

 

 

17.

On the Order of the Day being read for the adjourned debate on the question - That the Transplantation and Anatomy (Consent to Blood Donation) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. J.S.L. Dawkins, the debate was adjourned until next day of sitting.

 

Transplantation

and Anatomy

(Consent to

Blood Donation) Amendment Bill.

 

18.

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

                 Debate resumed.

                 On motion of the Hon. J.S.L. Dawkins, the debate was adjourned until next day of sitting.

 

Statutes

Amendment (Universities)

Bill.

 

19.

On the Order of the Day being read for the adjourned debate on the question - That the Criminal Law Consolidation (Serious Criminal Trespass) 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 for next day of sitting.

 

Criminal Law Consolidation

(Serious Criminal Trespass)

Amendment Bill.

20.

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

                 Debate resumed.

                 Bill read a second time.

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

 

Criminal Law (Sentencing) (Sentencing

Principles)

Amendment Bill.

21.

Ordered - That Orders of the Day (Government Business) No. 18 to No. 20 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

22.

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

                 Debate resumed.

                 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 1 agreed to.

                          Schedule 2 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.

 

Mining

(Private Mines)

Amendment Bill.

 

23.

Ordered - That Order of the Day (Government Business) No. 22 be an Order of the Day for next day of sitting.

 

Postponement

of Business.

24.

On the Order of the Day being read for the adjourned debate on the question - That the Commonwealth Places (Mirror Taxes Administration) Bill be now read a second time:

                 Debate resumed.

                 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. 16 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.

                 Question put and passed.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

Commonwealth

Places

(Mirror Taxes Administration)

Bill.

 

25.

On the Order of the Day being read for the adjourned debate on the question - That the Whaling Act Repeal Bill be now read a second time:

                 Debate resumed.

                 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 and No. 2 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.

                 Question put and passed.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

Whaling Act

Repeal Bill.

 

 

26.

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

                 Debate resumed.

                 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 and No. 18 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 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.

                 Question put and passed.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

Prevention of

Cruelty to Animals (Miscellaneous) Amendment Bill.

 

 

27.

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.

                 Bill read a second time.

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

 

Legal Practitioners (Miscellaneous) Amendment Bill.

 

28.

Ordered - That the adjourned debate on the question - That the Hindmarsh Island Bridge Bill be now read a second time - be now resumed.

                 Debate resumed.

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

 

Hindmarsh Island Bridge Bill.

 

29.

On the Order of the Day being read for the adjourned debate on the question - That the Heritage (Delegation by Minister) 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.

 

Heritage

(Delegation

by Minister) Amendment

Bill.

 

30.

Ordered - That Order of the Day (Government Business) No. 27 be an Order of the Day for next day of sitting.

 

Postponement

of Business.

  31.

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

Message No. 17

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Alice Springs to Darwin Railway Act 1997, to which it desires the concurrence of the Legislative Council.

House of Assembly, 10 November 1999.                                                          J.K.G. OSWALD, 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:

Alice Springs to Darwin Railway (Financial Commitment) Amendment  Bill.

 

 

Message No. 18

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Government Business Enterprises (Competition) Act 1996, to which it desires the concurrence of the Legislative Council.

House of Assembly, 16 November 1999.                                                          J.K.G. OSWALD, Speaker.

                 Bill read a first time.

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

 

Government

Business Enterprises (Competition) (Miscellaneous) Amendment Bill.

 

 

Message No. 19

                 MR. PRESIDENT - The House of Assembly has agreed to Bill returned herewith entitled an Act to amend the Guardianship and Administration Act 1993, without any amendment.

House of Assembly, 16 November 1999.                                                          J.K.G. OSWALD, Speaker.

 

Guardianship and Administration (Miscellaneous) Amendment Bill.

 

32.

Council adjourned at twenty minutes past eleven 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. P. Holloway

 

The Hon. S. M. Kanck

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. J. F. Stefani

The Hon. G. Weatherill

The Hon. N. Xenophon

The Hon. C. Zollo