[SOUTH AUSTRALIA]

No. 34

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY 18 MARCH 1997

 

 

 

   1.

Council met pursuant to adjournment.  The President (The Hon. H.P.K. Dunn) took the Chair.

                 The President read prayers.

 

Meeting of

Council.

    2.

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

        By the Minister for Education and Children’s Services (The Hon. R. I. Lucas) -

                 Regulations under the following Acts -

                          Public Corporations Act 1993 - Dissolution of TransAdelaide -

                             Mile End.

                             St. Agnes.

                          Racing Act 1976 - Deductions from Bets.

                 Public Sector Management Act 1995 - Information relating to the Appointment of all Ministers’ Personal Staff.

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

                 Regulations under the following Acts -

                          Art Gallery Act 1939 - Opening Times.

                          Legal Practitioners Act 1981 - Miscellaneous and Fees.

                 Occupational Health, Safety and Welfare Act 1986 - Code of Practice for Tuna Farm Diving.

                 Rules of Court - Supreme Court - Supreme Court Act 1935 - Appeal from District Court.

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

                 Regulations under the following Acts -

                          Dentists Act 1984 - Variation.

                          Harbors and Navigation Act 1993 - Person Towed by a Vessel.

 

Papers.

    3.

The Minister for Education and Children’s Services tabled a copy of a Ministerial Statement made by the Minister for Police (The Hon. G. A. Ingerson, M.P.) concerning Police Response Times.

 

Paper Tabled.

    4.

The Minister for Transport tabled a copy of a Ministerial Statement made by the Minister for Police (The Hon. D. C. Wotton, M.P.) concerning Women’s Domestic Violence Services in South Australia.

 

Paper Tabled.

   5.

The Minister for Education and Children’s Services, without notice, moved - That the Standing Orders be so far suspended as to enable Question Time to be extended until seventeen minutes past three 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.

   6.

The Minister for Transport, without notice, moved - That the Standing Orders be so far suspended as to enable Question Time to be extended to enable her to give a reply to a question asked by the Hon. J.A.W. Levy.

                 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.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 3 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

   8.

Ordered - That Order of the Day (Government Business) No. 4 be postponed and taken into consideration after Order of the Day (Government Business) No. 5.

 

Postponement

of Business.

   9.

On the Order of the Day being read for the adjourned debate on the question - That the Alice Springs to Darwin Railway 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. 7 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 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.

 

Alice Springs

to Darwin

Railway Bill.

10.

On the Order of the Day being read for the adjourned debate on the question - That the Goods Securities (Motor Vehicles) 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. 13 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, 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.

 

Goods Securities

(Motor Vehicles) Amendment Bill.

11.

At seven minutes to 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.

 

  12.

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

Message No. 75

                 MR. PRESIDENT - The House of Assembly has agreed to the amendments made by the Legislative Council in the Water Resources Bill, without any amendment.

House of Assembly, 18 March 1997.                                                                      G. M. GUNN, Speaker.

 

Messages from House of Assembly:

Water Resources

Bill.

 

 

Message No. 76

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Local Government Act 1934, to which it desires the concurrence of the Legislative Council.

House of Assembly, 18 March 1997.                                                                      G. M. GUNN, 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. P. Holloway, the debate was adjourned until next day of sitting.

 

Local Government

(City of Adelaide

Elections) Amendment Bill.

 

 

Message No. 77

                 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, 18 March 1997.                                                                      G. M. GUNN, Speaker.

                 Bill read a first time.

                 The Minister for Education and Children’s Services then moved - That this Bill be now read a second time.

                 On motion of the Hon. R. R. Roberts, the debate was adjourned until next day of sitting.

 

Racing (Interstate Totalizator) Amendment Bill.

 

 

Message No. 78

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Public Finance and Audit Act 1987, to which it desires the concurrence of the Legislative Council.

House of Assembly, 18 March 1997.                                                                      G. M. GUNN, Speaker.

                 Bill read a first time.

                 The Minister for Education and Children’s Services 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.

 

Public Finance

and Audit (Miscellaneous) Amendment Bill.

  13.

Ordered - That Orders of the Day (Government Business) No. 6 to No. 11 be postponed and taken into consideration after Order of the Day (Government Business) No. 12.

 

Postponement

of Business.

14.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of Message No. 74 from the House of Assembly relating to the Subordinate Legislation (Commencement of Regulations) Amendment Bill.

 

In the Committee

 

                          Resolved - That the amendments be disagreed to.

_____________________

 

                 The President resumed the Chair, and reported accordingly; whereupon the Council adopted such report.

                 Ordered - That a Committee consisting of the Hon. S. M. Kanck, the Hon. C. A. Pickles and the Attorney-General be appointed to prepare Reasons for disagreeing to the amendments of the House of Assembly.

                 The Attorney-General brought up the Report of the Committee appointed to prepare Reasons for disagreeing to the amendments of the House of Assembly, which was read by the Clerk as follows:

                          Because the amendments are inappropriate.

                 Report adopted.

 

Subordinate Legislation (Commencement

of Regulations) Amendment Bill.

15.

Ordered - That Order of the Day (Government Business) No. 6 be an Order of the Day for next day of sitting.

 

Postponement

of Business.

16.

Ordered - That Orders of the Day (Government Business) No. 7 to No. 10 be postponed and taken into consideration after Order of the Day (Government Business) No. 11.

 

Postponement

of Business.

17.

On the Order of the Day being read for the adjourned debate on the question - That the Tobacco Products Regulation Bill be now read a second time:

                 Debate resumed.

_____________________

 

And it being twelve of the clock:

WEDNESDAY 19 MARCH 1997

_____________________

                

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

 

Tobacco Products

Regulation Bill.

  18.

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

Message No. 79

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Judges Pensions Act 1971, the Parliamentary Superannuation Act 1974, the Police Superannuation Act 1990, the Southern State Superannuation Act 1994 and the Superannuation (Benefit Scheme) Act 1992, to which it desires the concurrence of the Legislative Council.

House of Assembly, 18 March 1997.                                                                      G. M. GUNN, Speaker.

                 Bill read a first time.

                 The Minister for Education and Children’s Services then moved - That this Bill be now read a second time.

                 On motion of the Hon. R. R. Roberts, the debate was adjourned until next day of sitting.

 

Messages from House of Assembly:

Statutes

Amendment (Superannuation)

Bill.

 

 

Message No. 80

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to provide a means for discharging or replacing charitable trusts affecting property held by or for the purposes of the St. John Ambulance; to provide for the disposition of property; and for other purposes, without any amendment.

House of Assembly, 18 March 1997.                                                                      G. M. GUNN, Speaker.

 

St. John (Discharge of Trusts) Bill.

 

 

Message No. 81

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to vary the terms of the trust of the RSL Memorial Hall; and to repeal the Services Memorial Hall Act 1939, without any amendment.

House of Assembly, 18 March 1997.                                                                      G. M. GUNN, Speaker.

 

RSL Memorial

Hall Trust Bill.

 

 

Message No. 82

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the the Legal Practitioners Act 1981, without any amendment.

House of Assembly, 18 March 1997.                                                                      G. M. GUNN, Speaker.

 

Legal  Practitioners (Membership

of Board and Tribunal) Amendment Bill.

 

 

Message No. 83

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

House of Assembly, 18 March 1997.                                                                      G. M. GUNN, Speaker.

 

Criminal Law Consolidation

(Self Defence) Amendment Bill.

19.

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

 

Postponement

of Business.

20.

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

 

Next Day

of Sitting.

 

21.

Council adjourned at twenty nine minutes to one o’clock until today, 19 March 1997, at eleven 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. M. J. Elliott

The Hon. K. T. Griffin

The Hon. P. Holloway

The Hon. J. C. Irwin

 

The Hon. S. M. Kanck

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. J.A.W. Levy

The Hon. R. I. Lucas

The Hon. P. Nocella

The Hon. B.S.L. Pfitzner

 

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