[SOUTH AUSTRALIA]

No. 7

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY 17 FEBRUARY 1998

 

 

 

 

   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. 9, 36, 41 and 42 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 President tabled the Register of New Members’ Interests - Registrar’s Statement, February 1998.

                 Ordered - That the Registrar’s Statement be printed.  (Paper No. 134A)

 

Register of

New Members’ Interests -

Registrar’s

Statement,

February 1998.

 

 

   4.

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

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

                 Reports, 1996-97 -

                          Department of Education and Children’s Services.

                          ETSA Contributory and Non-Contributory Superannuation Schemes.

                 Regulations under the following Acts -

                          ASER (Restructure) Act 1997 - The Site.

                          Fees Regulations Act 1927 -Education - Overseas Students.

                          Land Tax Act 1936 - Records and Certificates.

                          Public Corporations Act 1993 -

                                   Interpretation.

                                   Land Management Corporation.

                          Senior Secondary Assessment Board of South Australia Act 1983 - Courses and Fees.

                          Stamp Duties Act 1923 - Sale of Stamps.

                 Corporation By-laws -

                          City of Adelaide -

                                   No.    1   -   Interpretation of By-laws.

                                   No.    2   -   Streets and Public Places.

                                   No.    3   -   Traffic.

                                   No.    4   -   Street Traders.

                                   No.    5   -   Parklands, Public Squares and the River Torrens.

                                   No.    6   -   The Central Market.

                                   No.    7   -   Lodging Houses.

                                   No.    8   -   Nuisances, Health and Safety.

                                   No.    9   -   Continuation of Existing Licences.

                                   No.  10   -   Moveable Signs.

                 District Council By-laws - Yankalilla - No. 16 - Horses on the Foreshore and Sand Dunes.

                 Local Government Act 1934 - Section 208 Authority - Eastern Metropolitan Regional Health Authority Incorporated - Constitution.

                 Local Government Act 1934 - Rules - Superannuation Board -

                          Contributions Tax.

                          Derivatives.

                          Extension of Benefit Cover.

                          Spouse Members.

                 Public Parks Act 1943 - Disposal of Public Park.

Papers.

 

 

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

                 Reports, 1996-97 -

                          Industrial Relations Advisory Committee.

                          National Crime Authority.

                          Occupational Health, Safety and Welfare Advisory Committee.

                          Witness Protection Act 1996 - Section 28.

                 Regulations under the following Acts -

                          Associations Incorporation Act 1985 - Various.

                          Dangerous Substances Act 1979 - The Code.

                          Dog Fence Act 1946 - Prescribed Rate.

                          Electoral Act 1985 - Failure to Vote Form.

                          Electrical Products Act 1988 - Principal.

                          Fisheries Act 1982 -

                                   Expiation of Offences.

                                   White Pointer Shark.

                          Gas Act 1997 - Various.

                          Livestock Act 1997 - Principal.

                          Meat Hygiene Act 1994 - Codes.

                          Occupational Health, Safety and Welfare Act 1986 - Opal Mining.

                          Partnership Act 1891 - Limited Partnerships.

                 Rules -

                          Industrial and Employee Relations Act 1994 - Industrial Proceedings Rules 1995.

                 Rules of Court -

                          Magistrates Court  - Magistrates Court Act 1991 - Amendment No. 12.

                          Supreme Court - Supreme Court Act 1935 - Amendment No. 61.

                 Remuneration Tribunal - Report Relating to Determination No. 1 of 1998.

                 Workers Rehabilitation and Compensation Act 1986 - Workers Compensation Tribunal Practice Directions - Dispute Resolution.

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

                 Regulations under the following Acts -

                          Liquor Licensing Act 1997 -

                                 Long Terms Dry Areas -

                                          Port Adelaide.

                                          Port Augusta.

                                          Port Lincoln.

                                 Short Term Dry Areas - Various.

                          Retail and Commercial Leases Act 1995 - Exclusions.

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

                 Reports, 1996-97 -

                          Board of the Botanic Gardens Adelaide.

                          Coast Protection Board.

                          Department of Environment and Natural Resources.

                          National Environment Protection Council.

                          Native Vegetation Council.

                          Patawalonga Catchment Water Management Board.

                          Department of State Aboriginal Affairs.

                 Committee appointed to examine and report on Abortions notified in South Australia - Report, 1996.

                 State Heritage Authority - Second Annual Report for year ended 30 June 1997.

 

 

 

                 Regulations under the following Acts -

                          Controlled Substances Act 1984 -

                                 Drugs of Dependence.

                                 Poisons.

                                 Prohibited Substances.

                          Development Act 1993 -

                                 Building Rules.

                                 Smoke Alarms.

                          Harbors and Navigation Act 1993 - Restricted Areas - Goolwa.

                          Motor Vehicles Act 1959 -

                                 Farm Machine.

                                 Notification to Registrar of Change of Address.

                          Passenger Transport Act 1994 -

                                 Flag Falls.

                                 Small Passenger Vehicle.

                          Prevention of Cruelty to Animals Act 1985 - Code of Practice - Circuses.

                          Road Traffic Act 1961 -

                                 Clearways and Bus Lanes.

                                 Declaration of Hospitals.

                                 Obedience to Signs.

                                 Signalling Devices.

                                 Southern Expressway.

                          Water Resources Act 1997 - Revocation of Proclaimed Wells Lacepede.

                 Report on the Interim Operation of a Development Plan Amendment - Commercial (Monarto South) Zone Plan Amendment Report by the Minister for Transport and Urban Planning.

                 Environment Protection (Vessels on Inland Waters) Policy 1998.

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

                 Reports, 1996-97.

                          Disability Information and Resource Centre.

                          The State Theatre Company of South Australia.

 

 

 

   5.

The Treasurer tabled a copy of a Ministerial Statement made by the Premier (The Hon.
J. W. Olsen, M.P.) concerning the Government’s Policy Direction and Budget Strategy.

 

Paper

Tabled.

 

 

   6.

The Treasurer, 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.

 

   7.

On the Order of the Day being read for the adjourned debate on the question - That the Address-in- Reply, as read, be adopted:

                 Debate resumed.

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

 

Address-

In-Reply.

 

   8.

On the Order of the Day being read for the adjourned debate on the question - That the Public Sector Management (Incompatible Public Offices) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. T. G. Roberts, the debate was adjourned and ordered to be resumed on motion.

 

Public Sector Management (Incompatible

Public Offices) Amendment

Bill.

 

   9.

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

                 Debate resumed.

                 On motion of the Hon. C. V. Schaefer, the debate was adjourned until next day of sitting.

 

 

Highways (Miscellaneous)

Amendment

Bill.

 

10.

On the Order of the Day being read for the adjourned debate on the question - That the Criminal Law (Forensic Procedures) 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 (Forensic

Procedures) Bill.

 

11.

On the Order of the Day being read for the adjourned debate on the question - That the Liquor Licensing (Licensed Clubs) 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.

 

Liquor Licensing (Licensed Clubs) Amendment

Bill.

 

12.

Ordered - That the adjourned debate on the question - That the Public Sector Management (Incompatible Public Offices) 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 and No. 2 agreed to.

                          Clause No. 3 read.

                 The Hon. P. Holloway moved on page 1, after line 29, to insert subclauses as follows:

                                   “(2a)  However, a public sector employee appointed as a member of a statutory body may not be given directions by the Governor, a Minister or any other person as to the exercise of a discretion or power as a member of the body.

                                    (2b)  Subsection (2a) does not affect any power to give directions to a statutory body (rather than its members) conferred under some other Act.”

                          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 next day of sitting.

 

Public Sector Management (Incompatible

Public Offices) Amendment

Bill.

 

13.

On the Order of the Day being read for the adjourned debate on the question - That the Legal Practitioners (Qualifications) 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.

 

Legal

Practitioners (Qualifications) Amendment

Bill.

 

14.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (Consumer Affairs) 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.

 

Statutes

Amendment (Consumer

Affairs) Bill.

 

15.

The Attorney-General, without notice, moved - That the Standing Orders be so far suspended as to enable the sitting of the Council to be extended beyond 6.30 p.m. for the Business of the Day to be concluded.

                 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.

 

16.

On the Order of the Day being read for the adjourned debate on the question - That the International Transfer of Prisoners (South Australia) 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.

 

International

Transfer of

Prisoners

(South Australia)

Bill.

 

 

In the Committee

 

                          Clauses No. 1 to No. 11 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.

 

 

 

17.

Council adjourned at twenty-three minutes to seven 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