[SOUTH AUSTRALIA]

No. 22

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

THURSDAY  18  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.

The following Paper was laid upon the Table, viz.:

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

                 Juvenile Justice Advisory Committee - Report, 1997-98.

 

Paper.

   3.

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 Contractual Arrangements under the Water Outsourcing Contract for the Provision of Capital Works.

 

Paper Tabled.

   4.

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 the Level of the Termination Payment to the Chief Executive of the MFP Development Corporation.

 

Paper Tabled.

   5.

The Treasurer (The Hon. R. I. Lucas), by leave, and at the request of the Minister for Transport and Urban Planning (The Hon. D. V. Laidlaw), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to provide for the closure of the waste depot conducted by the Corporation of the City of Adelaide at Wingfield.

                 Question put and passed.

 

Leave to

Introduce

a Bill.

   6.

Ordered - That Order of the Day (Government Business) No. 1 be postponed and taken into consideration after Order of the Day (Government Business) No. 8.

 

Postponement

of Business.

   7.

Ordered - That Orders of the Day (Government Business) No. 2 to No. 6 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

   8.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Statutes Amendment (Mining Administration) Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 7 agreed to.

                          Clause No. 8 read.

Statutes

Amendment (Mining Administration)

Bill.

 

                

 

 

 

The Hon. S. M. Kanck moved on page 2, lines 31 to 36, and page 3, lines 1 to 20, to leave out subsections (4), (5), (6) and (7).

                 Question - That the amendment be agreed to - put.

            Committee divided:

 

 

Ayes, 5.

The Hon. T. G. Cameron

The Hon. M. J. Elliott

The Hon. I. Gilfillan

The Hon. N. Xenophon

The Hon. S. M. Kanck (Teller)

 

Noes, 14.

The Hon. T. Crothers

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. P. Holloway

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. C. A. Pickles

The Hon. A. J. Redford

The Hon. T. G. Roberts

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. G. Weatherill

The Hon. C. Zollo

The Hon. K. T. Griffin (Teller)

 

 

        So it passed in the negative.

                          Clause No. 8 agreed to.

                          Clauses No. 9 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.

 

 

   9.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (Sentencing - Miscellaneous) 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. 14 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.

 

Statutes  Amendment (Sentencing -Miscellaneous)

Bill.

10.

Ordered - separately - That Orders of the Day (Government Business) No. 1, No. 9 and No. 10 be postponed and taken into consideration on motion.

 

Postponement

of Business.

11.

Ordered - That the adjourned debate on the question - That the Statutes Amendment (Restraining Orders) Bill be now read a second time - be now resumed.

                 Debate resumed.

                 And the Attorney-General having obtained leave to conclude his remarks, the debate was adjourned until next day of sitting.

 

Statutes

Amendment (Restraining

Orders) Bill.

 

12.

Ordered - That the adjourned debate on the question - That the Criminal Law Consolidation (Juries) 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.

 

In the Committee

 

                          Clauses No. 1 and No. 2 agreed to.

                          Clause No. 3 read.

                 The Hon. I. Gilfillan moved on page 1, lines 21 to 28, and page 2, lines 1 to 3, to leave out proposed subsections (2) to (4) and insert the following:

Criminal Law Consolidation (Juries)

Amendment Bill.

 

 

                          “(2)    A person must not disclose protected information if the person is aware that, in consequence of the disclosure, the information will, or is likely to be published within the confidentiality period.

                  Penalty:     In the case of a body corporate—$25 000.

                                     In any other case—$10 000 or imprisonment for 2 years.

                          (3)      A person must not solicit or obtain protected information with the intention of publishing or facilitating the publication of that information within the confidentiality period.

                  Penalty:     In the case of a body corporate—$25 000.

                                     In any other case—$10 000 or imprisonment for 2 years.

                          (4)      A person must not publish protected information within the confidentiality period.

                  Penalty:     In the case of a body corporate—$25 000.

                                     In any other case—$10 000 or imprisonment for 2 years.

                          (4a)    A person must not, after the confidentiality period, publish or otherwise disclose protected information that identifies, or is likely to identify, another person as, or as having been, a juror in particular proceedings without the consent of that other person.

                  Penalty:     In the case of a body corporate—$25 000.

                                     In any other case—$10 000 or imprisonment for 2 years.

                          (4b)    In proceedings for an offence against subsection (4a), the burden of proving consent to the publication or disclosure lies on the defendant.”

 

 

                 Question - That the amendment be agreed to - put.

            Committee divided:

 

 

Ayes, 3.

The Hon. M. J. Elliott

The Hon. S. M. Kanck

The Hon. I. Gilfillan (Teller)

 

  Noes, 13.

The Hon. T. G. Cameron

The Hon. T. Crothers

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. P. Holloway

The Hon. R. D. Lawson

The Hon. C. A. Pickles

The Hon. A. J. Redford

The Hon. T. G. Roberts

The Hon. C. V. Schaefer

The Hon. G. Weatherill

The Hon. C. Zollo

The Hon. K. T. Griffin (Teller)

 

 

        So it passed in the negative.

 

 

                          Clause No. 3 agreed to.

                          Clause No. 4 read.

                 The Hon. I. Gilfillan moved on page 3, lines 31 to 36, to leave out the clause and insert new clause as follows:

                  Substitution of s. 247

                          4. Section 247 of the principal Act is repealed and the following section is substituted:

                                    Harassment etc., to obtain information about jury deliberations or identities

                                              247.   (1)    A person who harasses a juror or former juror for the purpose of obtaining protected information is guilty of an offence.

                                    Penalty:     In the case of a body corporate—$25 000.

                                                       In any other case—$10 000 or imprisonment for 2 years.

                                                       (2)      A person who—

                                                       (a)     gives, offers or agrees to give; or

                                                       (b)     seeks, receives or agrees to receive,

                                    a material benefit as a reward or inducement for the disclosure of protected information is guilty of an offence.

                                    Penalty:     In the case of a body corporate—$25 000.

                                                       In any other case—$10 000 or imprisonment for 2 years

                                                        (3)     In this section—

                                     “protected information” has the same meaning as in section 246.’

                 Question - That clause No. 4 as proposed to be struck out by the Hon. I. Gilfillan, stand as printed - put and passed.

                          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.

 

 

13.

Ordered - That Order of the Day (Government Business) No. 11 be postponed and taken into consideration on motion.

 

Postponement

of Business.

14.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Evidence (Miscellaneous) Amendment Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 4 agreed to.

                          Clause No. 5 amended and agreed to.

                          Clauses No. 6 and No. 7 agreed to.

                          Clause No. 8 read.

Evidence (Miscellaneous)

Amendment

Bill.

 

                  The Hon. I. Gilfillan moved on page 3, lines 7 to 9, to leave the clause and insert new clauses as follow:

                  Amendment of s. 13Protection of witnesses

                          8. Section 13 of the principal Act is amended—

                          (a)     by striking out from subsection (4)(a) “take an oath” and substituting “give sworn evidence”;

                          (b)     by striking out paragraph (a) of subsection (10);

                          (c)     by inserting after subsection (10) the following subsection:

                                           (11) This section does not apply to a witness who is under 16 years of age.

 

 

                  Insertion of s. 13A

                          8A. The following section is inserted after section 13 of the principal Act:

                          Protection of children giving evidence

                                     13A. (1) If a child is to give evidence in any proceeding the court must, subject to subsection (2), order that the evidence be given outside the courtroom and transmitted to the courtroom by means of closed circuit television or any other similar technology prescribed for the purposes of this section.

                                     (2) An order must not be made under subsection (1) if—

                                           (a)    the order would prejudice any party to the proceedings; or

                                           (b)    such an order would be inappropriate because of the urgency of the matter; or

                                           (c)    the court is satisfied the child desires, and is able, to give evidence in the courtroom; or

                                           (d)    the child is a defendant in a proceeding before the Youth Court.

                                     (3) Despite subsection (2)(d), in the case where the child is a defendant in a proceeding before the Youth Court an order of the kind referred to in subsection (1) may be made if the court is satisfied—

                                           (a)    that—

                                                     (i)      the defendant may suffer mental or emotional harm if required to give evidence in the ordinary manner; or

                                                     (ii)     the facts may be better ascertained if the defendant's evidence is given in accordance with such an order; and

                                           (b)    that the defendant desires that such an order be made.

                                     (4) If a court makes an order of the kind referred to in subsection (1), the following provisions apply:

                                           (a)    the technology used to enable evidence to be given outside the courtroom must be operated in such a manner—

                                                     (i)      that while the child is giving evidence, the child can be seen and heard by the judge, and (in the case of a trial by jury) the jury and (in the case of any criminal proceeding, unless the court decides otherwise in order to protect the child) the defendant; and

                                                     (ii)     that any person accompanying the child, can be seen by the parties, the judge, and (in the case of a trial by jury) the jury while the child is giving evidence;

                                           (b)    if the identity of the defendant is at issue, the child must give evidence identifying the person in the presence of the defendant but the court—

                                                     (i)      must allow the child to give that identification evidence after the completion of the child's other evidence; and

                                                     (ii)     must ensure that the child is not in the presence of the defendant for any longer than is necessary to give that identification evidence;

                                           (c)    the court may order—

                                                     (i)      that a court officer be present at the location at which the evidence is being given; or

                                                     (ii)     that the child be accompanied by a relative or a friend for the purpose of providing emotional support.

                                     (5) If the court does not make an order of the kind referred to in subsection (1) the court—

                                           (a)    must order that special arrangements be made for the giving of evidence by the child in order to restrict the contact (including visual contact) between the child and any other person or persons; and

                                           (b)    may order that the child be accompanied by a relative or a friend for the purpose of providing emotional support (and must do so if required under section 12(4)).

                                     (6) Special arrangements under subsection (5)(a) might include—

                                           (a)    the use of a screen, partition or one way glass; or

                                           (b)    planned seating arrangements; or

                                 (c)    the adjournment of the proceeding or any part of the proceeding to a different location.

 

 

                                     (7) If, on a trial by jury, a court makes an order of the kind referred to in subsection (1), the judge must—

                                           (a)    inform the jury that it is standard procedure for children's evidence to be given by those means; and

                                           (b)    warn the jury not to draw any inference adverse to the defendant, and not to allow the order to influence the weight to be given to the evidence.

                                     (8) If, on a trial by jury, a court orders—

                                           (a)    that special arrangements be made for the giving of evidence by a child under subsection (5); or

                                           (b)    that a child be accompanied by a relative or a friend for the purpose of providing emotional support,

                          the judge must—

                                           (c)    inform the jury that it is standard procedure for such orders to be made when evidence is being given by a child; and

                                           (d)    warn the jury not to draw any inference adverse to the defendant, and not to allow the special arrangements, or the presence of an accompanying person, to influence the weight to be given to the evidence.

                                     (9) In this section—

                                           “child” means a person under the age of 16 years.’

                 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.

 

 

15.

Ordered - That the adjourned debate on the question - That the Criminal Law Consolidation (Intoxication) Amendment Bill be now read a second time - be now resumed.

                 Debate resumed.

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

 

Criminal Law

Consolidation

(Intoxication)

Amendment

Bill.

 

16.

The Attorney-General, pursuant to leave granted this day and at the request of the Minister for Transport and Urban Planning, introduced a Bill for an Act to provide for the closure of the waste depot conducted by the Corporation of the City of Adelaide at Wingfield.

                 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.

 

Wingfield

Waste Depot

Closure Bill.

17.

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

Message No. 25

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Criminal Law Consolidation Act 1935, with the amendments indicated by the annexed Schedule, to which amendments the House of Assembly desires the concurrence of the Legislative Council.

House of Assembly, 17 February 1999.                                                           J.K.G. OSWALD, Speaker.

 

Messages from House of

Assembly.

Criminal Law

Consolidation

(Contamination

of Goods)

Amendment Bill.

 

Schedule of the amendments made by the House of Assembly

No. 1.       Clause 2, page 1, lines 16 and 17 - Leave out “CONTAMINATION OF GOODS AND OTHER ACTS PREJUDICING PUBLIC HEALTH OR SAFETY” and insert:

                 “GOODS CONTAMINATION AND COMPARABLE OFFENCES”.

No. 2.      Clause 2, page 2, lines 6 and 7 - Leave out “in a way that prejudices or could prejudice the health or safety of a consumer”.

 

 

No. 3.       Clause 2, page 3 - After line 5 insert:

           “(3)  In this section, a reference to the contamination of goods is limited to contamination in a way that prejudices or could prejudice the health or safety of a consumer.”

No. 4.       Clause 2, page 3 - After line 5 insert new section:

Goods contamination unrelated to issues of public health and safety

           261.  A person is guilty of an offence if the person -

(a)  contaminates goods; or

(b)  makes it appear that goods have been, or are about to be contaminated; or

(c)  threatens to contaminate goods; or

(d)  falsely claims that goods have been or are about to be contaminated,

intending -

(e)  to influence the public against purchasing the goods or goods of the relevant class or to create an apprehension that the public will be so influenced; and

(f)   by doing so -

 (i)     to gain a benefit for himself, herself or another; or

(ii)     to cause loss or harm to another.

Maximum penalty:       Imprisonment for 5 years.”

G. D. MITCHELL, Clerk of the House of Assembly.

                 Ordered - That the Message be taken into consideration on next day of sitting.

 

 

 

Message No. 26

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith entitled an Act to repeal the Manufacturing Industries Protection Act 1937, to which it desires the concurrence of the Legislative Council.

House of Assembly, 17 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.

 

Manufacturing

Industries

Protection Act

Repeal Bill.

 

Message No. 27

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith entitled an Act to amend the Racing Act 1976, to which it desires the concurrence of the Legislative Council.

House of Assembly, 17 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.

 

Racing

(Deduction from

Totalizator Bets)

Amendment Bill.

 

Message No. 28

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith entitled an Act to repeal the Shearers Accommodation Act 1975, to which it desires the concurrence of the Legislative Council.

House of Assembly, 17 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.

 

Shearers

Accommodation

Act Repeal

Bill.

 

Message No. 29

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith entitled an Act to amend the Parliamentary Superannuation Act 1974 and to make a consequential amendment to the Superannuation Funds Management Corporation of South Australia Act 1995, to which it desires the concurrence of the Legislative Council.

House of Assembly, 17 February 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.

 

Parliamentary

Superannuation

(Establishment

of Fund)

Amendment

Bill.

 

Message No. 30

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith entitled an Act to amend the Stamp Duties Act 1923, to which it desires the concurrence of the Legislative Council.

House of Assembly, 17 February 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.

 

Stamp Duties

(Miscellaneous)

Amendment

Bill.

 

Message No. 31

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith entitled an Act to amend the Collections for Charitable Purposes Act 1939, to which it desires the concurrence of the Legislative Council.

House of Assembly, 18 February 1999.                                                           J.K.G. OSWALD, Speaker.

                 Bill read a first time.

                 Ordered - That the second reading be an Order of the Day for Wednesday, 3 March 1999.

 

Collections for

Charitable

Purposes

(Definition of

Charitable

Purpose)

Amendment Bill.

 

Message No. 32

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith entitled an Act to amend the Second-hand Vehicle Dealers Act 1995, to which it desires the concurrence of the Legislative Council.

House of Assembly, 18 February 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.

 

Second-hand

Vehicle Dealers

(Compensation

Fund)

Amendment Bill.

 

Message No. 33

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Lottery and Gaming Act 1936, without any amendment.

House of Assembly, 18 February 1999.                                                           J.K.G. OSWALD, Speaker.

 

Lottery and

Gaming (Trade

Promotion Lottery

Licence Fees)

Amendment Bill.

 

 

Message No. 34

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Road Traffic Act 1961, without any amendment.

House of Assembly, 18 February 1999.                                                           J.K.G. OSWALD, Speaker.

 

Road Traffic

(Proof of Accuracy

of Devices)

Amendment Bill.

18.

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

 

Postponement

of Business.

19.

Ordered - That the Council, at its rising, do adjourn until Tuesday, 2 March 1999, at fifteen minutes past two o’clock p.m.

 

Next Day

of Sitting.

20.

Council adjourned at three minutes past six o’clock until Tuesday, 2 March 1999, at fifteen minutes past two o’clock p.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. 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