[SOUTH AUSTRALIA]

No. 40

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY  18  AUGUST  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.

A Messenger from the Governor having been announced by Black Rod, the following Message was received and read:

Message No. 3.

                 The Governor informs the Legislative Council that, in the name and on behalf of Her Majesty The Queen, the following Acts have been assented to during the present Session, viz.:

                 No. 40 of 1998 - An Act for the appropriation of money from the Consolidated Account for the year ending on 30 June 1999 and for other purposes.

                 No. 41 of 1998 - An Act to amend the Criminal Law (Sentencing) Act 1988, the Summary Procedure Act 1921 and the Young Offenders Act 1993.

Government House, Adelaide, 18 August 1998.                                                    E. J. NEAL, Governor.

 

Message from

Governor:

Assent to Bills.

   3.

Answers to Questions on Notice Nos. 129, 206, 210, 234 and 242 received this day were tabled by the President who directed that they be distributed and printed in Hansard.

 

Answers to

Questions on

Notice.

 

   4.

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

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

                 Regulations under the following Acts -

                          Education Act 1972 - Non-Government Schools Registration.

                          Financial Institutions Duty Act 1983 - Principal.

                 Corporation By-laws -

                          Port Pirie -

                                   No.    1   -   Permits and Penalties.

                                   No.    2   -   Moveable Signs.

                                   No.    3   -   Council Land.

                                   No.    4   -   Flammable Undergrowth.

                                   No.    5   -   Dogs.

                                   No.    6   -   Bees.

                                   No.    7   -   Animals and Birds.

                                   No.    8   -   Taxis.

                 District Council By-laws -

                          Mid Murray -

                                   No.  11   -   Permits and Penalties.

                                   No.  12   -   Council Land.

                                   No.  13   -   Moveable Signs.

                                   No.  14   -   Flammable Undergrowth.

                                   No.  15   -   Caravans.

                                   No.  16   -   Straying Stock.

Papers.

 

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

                 Rules of Court -

                          District Court - District Court Act 1991 - Obtaining Interstate Evidence.

                 Evidence Act 1929 - Report of the Attorney-General relating to Suppression Orders for the year ended 30 June 1998.

                 Supreme Court Act 1935 - Report of the Judges of the Supreme Court of South Australia to the Attorney-General, 1997.

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

                 Regulation under the following Act -

                          Liquor Licensing Act 1997 - Dry Areas - Long Term - Various.

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

                 Regulations under the following Acts -

                          Motor Vehicles Act 1959 -

                                   Accident Towing Roster.

                                   Trade Plates.

                          Road Traffic Act 1961 -

                                   Clearways - Henley Beach Road.

                                   Prohibition on Fishing from Bridge.

 

 

   5.

The Attorney-General tabled a copy of a Ministerial Statement made by the Minister for Police, Correctional Services and Emergency Services (The Hon. I. F. Evans, M.P.) concerning Prostitution, together with a copy of a Report on Prostitution in South Australia prepared by the Strategic Development Branch of South Australia Police.

.

Paper

Tabled.

   6.

The Attorney-General then moved - That the Standing Orders be so far suspended as to enable him to move - That the Order made on Thursday last, 13 August 1998, for Order of the Day (Private Business) No. 23 to be an Order of the Day for Wednesday, 19 August 1998, be discharged and for that Order of the Day to be taken into consideration on motion.

                 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.

The Attorney-General then moved - That the Order made on Thursday last, 13 August 1998, for Order of the Day (Private Business) No. 23 to be an Order of the Day for Wednesday, 19 August 1998, be discharged and for that Order of the Day to be taken into consideration on motion.

                 Question put and passed.

 

Order

Discharged.

   8.

Ordered - That Order of the Day (Government Business) No. 1 be an Order of the Day for next day of sitting.

 

Postponement

of Business.

   9.

Ordered - That Orders of the Day (Government Business) No. 2 and No. 3 be postponed and taken into consideration after Order of the Day (Government Business) No. 4.

 

Postponement

of Business.

10.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (Fine Enforcement) 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. 44 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.

 

Statutes

Amendment

(Fine

Enforcement)

Bill.

11.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Retail and Commercial Leases (Term of Lease and Renewal) Amendment Bill.

 

In the Committee

 

                          New clause No. 2E which the Hon. I. Gilfillan moved to insert as follows:

                                   “Amendment of s. 20K - Certified exclusionary clause

                                     2E.  Section 20K of the principal Act is amended by striking out subsection (2) and substituting the following subsection:

                                                          (2)  However, the term for which a retail shop lease is entered into may be less than five years if the provision fixing the term is subject to a certified exclusionary clause.” - further considered and inserted.

                          New clause No. 2F inserted.

                          New clause No. 2G inserted.

                          New clause No. 2H inserted.

                          Clause No. 3 agreed to.

                          Titled agreed to.

_____________________

 

                 The President resumed the Chair, and reported that the Committee had considered the Bill and had agreed to the same with amendments; 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.

                 The Hon. I. Gilfillan moved - That this Bill be now read a third time.

                 Debate ensued.

                 Question put.

           Committee divided:

Retail and Commercial

Leases (Term

of Lease and Renewal) Amendment

Bill.

 

Ayes, 12.

The Hon. T. G. Cameon

The Hon. T. Crothers

The Hon. M. J. Elliott

The Hon. P. Holloway

The Hon. S. M. Kanck

The Hon. C. A. Pickles

The Hon. R. R. Roberts

The Hon. T. G. Roberts

The Hon. G. Weatherill

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. I. Gilfillan (Teller)

Noes, 9.

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. K. T. Griffin (Teller)

 

 

 

        So it was resolved in the affirmative.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

 

12.

Ordered - That Orders of the Day (Government Business) No. 2 and No. 3 be postponed and taken into consideration after Order of the Day (Government Business) No. 5.

 

Postponement

of Business.

13.

On the Order of the Day being read for the adjourned debate on the question - That the Police (Complaints and Disciplinary Proceedings) (Miscellaneous) 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.

                          Clause No. 4 read.

                 The Hon. P. Holloway moved on page 1, lines 21 and 22, to leave out ‘amended by striking out from subsection (3) “beyond” ’ and all words in line 22, and inserting the following:

                          ‘amended -

                          (a)   by inserting after subsection(2) the following subsection:

           (2a) The Commissioner or person representing the Commissioner in proceedings before the Tribunal must, at the commencement of the proceedings, indicate to the Tribunal the punishment that the Commissioner considers would be appropriate if the Tribunal finds the member guilty of the breach of discipline.;

                          (b)   by striking out from subsection (3) “beyond reasonable doubt”;

                          (c)   by inserting after subsection (3) the following subjection:

           (3a)  The Tribunal must, when remitting proceedings to the Commissioner under subsection (3), indicate to the Commissioner whether or not the Tribunal was satisfied beyond reasonable doubt that the member committed the breach of discipline.;

                          (d)   by inserting after subsection (4) the following subsection:

           (5) When proceedings are remitted to the Commissioner under subsection (3), the Commissioner may not as punishment of the member terminate the member's appointment unless the Tribunal indicated that it was satisfied beyond reasonable doubt that the member committed the breach of discipline.’

                 The Hon. I. Gilfillan moved on page 1, line 21, after “amended” to insert the following:

                                   ‘

                          (a)   by inserting after subsection (2) the following subsection:

           (2a) The Commissioner or person representing the Commissioner in proceedings before the Tribunal must, at the commencement of the proceedings, indicate to the Tribunal which of the following categories of punishment the Commissioner considers would be appropriate if the Tribunal finds the member guilty of the breach of discipline:

(a)    category A—termination or suspension of the member’s appointment or reduction of the member's remuneration;

(b)    category B—transfer of the member, reduction in the member’s seniority or imposition of a fine;

(c)    category C—withdrawal of specified rights or privileges, a recorded or unrecorded reprimand, counselling, education or training or action of a kind prescribed by regulation.;

                          (b)’

                 Question - That all words in line 21, down to and including “amended”, stand as printed - put and passed.

                 Question - That the words proposed to be inserted by the Hon. I. Gilfillan be so inserted - put and passed.

                          Clause No. 4, as amended, agreed to.

                          New clause No. 4A inserted.

                          Clause No. 5 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 with amendments; 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.

 

Police

(Complaints and Disciplinary Proceedings) (Miscellaneous) Amendment

Bill.

14.

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

                 Debate resumed.

                 And the Hon. L. H. Davis having obtained leave to conclude his remarks, the debate was adjourned and ordered to be resumed on motion.

 

Electoral

(Abolition of Compulsory Voting)

Amendment Bill.

 

15.

At 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.

 

16.

Ordered - That the adjourned debate on the question - That the Electoral (Abolition of Compulsory Voting) Amendment 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.

 

Electoral

(Abolition of Compulsory

Voting)

Amendment Bill.

 

17.

Ordered - That Order of the Day (Government Business) No. 3 be an Order of the Day for next day of sitting.

 

Postponement

of Business.

18.

On the Order of the Day being read for the adjourned debate on the question - That the Emergency Services Funding 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.

 

Emergency

Services

Funding Bill.

 

19.

Ordered - That Orders of the Day (Government Business) No. 7 and No. 8 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

20.

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

                 Debate resumed.

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

 

City of

Adelaide

Bill.

 

21.

Ordered - That Orders of the Day (Government Business) No. 10 to No. 14 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 Local Government (Miscellaneous) Amendment Bill be now read a second time:

                 Debate resumed.

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

 

Local

Government (Miscellaneous) Amendment

Bill.

 

23.

On the Order of the Day being read for the adjourned debate on the question - That the Wheat Marketing (Grain Deductions) 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. 4 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.

 

Wheat Marketing

(Grain Deductions) Amendment

Bill.

 

  24.

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

Message No. 97

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Liquor Licensing Act 1997, 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, 6 August 1998.                                                                 J.K.G. OSWALD, Speaker.

 

Messages from

House of

Assembly:

Liquor

Licensing

(Licence Fees)

Amendment

Bill.

 

 

Schedule of the amendments made by the House of Assembly.

No. 1.       Page 2 (clause 11) - After line 26 insert the following penalty provision:

                            “Maximum penalty:          $5 000

                              Expiation fee:                  $315.”

No. 2.       Page 2, lines 27 to 33 (clause 11) - Leave out subsections (1) and (2).

No. 3.       Page 3, line 8 (clause 11) - Leave out all words “by or”.

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

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

 

 

 

Message No. 98

                 MR. PRESIDENT - The House of Assembly, having considered the recommendations of the Conference on the Valuation of Land (Miscellaneous) Amendment Bill, has agreed to the same.

House of Assembly, 18 August 1998.                                                               J.K.G. OSWALD, Speaker.

 

Valuation

of Land (Miscellaneous) Amendment 

Bill.

 

 

Message No. 99

                 MR. PRESIDENT - The House of Assembly, having considered the recommendations of the Conference on the Police Bill, has agreed to the same.

House of Assembly, 18 August 1998.                                                               J.K.G. OSWALD, Speaker.

 

Police Bill.

 

 

Message No. 100

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Southern State Superannuation Act 1994; to make a related amendment to the Superannuation Funds Management Corporation of South Australia Act 1995; and to repeal the Superannuation (Benefit Scheme) Act 1992, to which it desires the concurrence of the Legislative Council.

House of Assembly, 18 August 1998.                                                               J.K.G. OSWALD, Speaker.

                 Bill read a first time.

                 The Treasurer 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.

 

Southern State Superannuation (Merger of

Schemes)

Amendment

Bill.

 

 

Message No. 101

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the National Parks and Wildlife Act 1972, to which it desires the concurrence of the Legislative Council.

House of Assembly, 18 August 1998.                                                               J.K.G. OSWALD, Speaker.

                 Bill read a first time.

                 The Minister for Transport and Urban Planning then moved - That this Bill be now read a second time.

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

 

National Parks

and Wildlife (Bookmark

Biosphere Trust) Amendment

Bill.

 

 

Message No. 102

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to make provision for schemes establishing funds for primary industry purposes; to amend the Livestock Act 1997; and for other purposes, to which it desires the concurrence of the Legislative Council.

House of Assembly, 18 August 1998.                                                               J.K.G. OSWALD, Speaker.

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

 

Primary

Industry

Funding

Schemes Bill.

25.

Council adjourned at twenty eight minutes to ten 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