SOUTH AUSTRALIA]

No. 43

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

MONDAY  18  NOVEMBER  2002

 

 

 

   1.

Council met pursuant to adjournment.  The President (The Hon. R. R. Roberts) took the Chair.

                 The President read prayers.

 

Meeting of
Council.

 

   2.

The Minister for Agriculture, Food and Fisheries (The Hon. P. Holloway), by leave, moved - That the Legislative Council expresses its deep regret at the recent death of Sir Walter Russell Crocker, K.B.E., former Lieutenant Governor of South Australia, and places on record its appreciation of his distinguished public service and that, as a mark of respect to his memory, the sitting of the Council be suspended until the ringing of the bells.

                 And being supported by the Hon. R. I. Lucas, the Hon. I. Gilfillan, the Hon. S. M. Kanck and the Hon. A. L. Evans:

                 Motion carried in silence, Members standing in their places.

 

Death of
Sir Walter Crocker.

 

   3.

At twenty-nine minutes to three o’clock the sitting was suspended until the ringing of the bells.

                 At fifteen minutes to three o’clock the sitting was resumed.

 

Suspension and
Resumption of
Sitting.

 

    4.

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

        By the Minister for Aboriginal Affairs and Reconciliation (The Hon. T. G. Roberts) -

                 Reports, 2001-2002 -

                          Attorney-General’s Department Incorporating the Department of Justice.

                          Commissioner for Consumer Affairs.

                          Legal Practitioners Conduct Board.

                          Listening Devices Act 1972 - Vide section 6B(1)(c).

                          Passenger Transport Board.

                          Public Trustee.

                          Report to the Attorney-General - Claims against the Legal Practitioners Guarantee Fund.

                          South Australian Equal Opportunity Commission.

                          Suppression Orders - South Australia - Report to the Attorney-General made pursuant to Section 71 of the Evidence Act 1929.

                          Telecommunications (Interception) Act 1988 - Vide Section 6(c).

                          TransAdelaide.

                 Statistical Returns for the South Australian General Elections - 9 February 2002 - State Electoral Office - Report.

 

Papers.

 

   5.

The Minister for Aboriginal Affairs and Reconciliation tabled a copy of a Ministerial Statement made by the Minister for Industrial Relations (The Hon. M. J. Wright, M.P.) concerning the Report of the Review of the South Australian Industrial Relations System.

 

Paper Tabled.

 

   6.

The Minister for Aboriginal Affairs and Reconciliation tabled a copy of a Ministerial Statement made by the Minister for Transport (The Hon. M. J. Wright, M.P.) concerning the Tragic Rail Crash at Park Terrace, Salisbury, together with a copy of the Interim Report to the Minister for Transport on the Salisbury Level Crossing, prepared by Mr. Vince Graham, Investigator.

 

Paper Tabled.

 

   7.

The Minister for Aboriginal Affairs and Reconciliation tabled a copy of a Ministerial Statement made by the Attorney-General (The Hon. M. J. Atkinson, M.P.) concerning the Criminal Law (Undercover Operations) Act 1995.

 

Paper Tabled.

 

   8.

The Minister for Agriculture, Food and Fisheries tabled a copy of a Ministerial Statement made by the Minister for Energy (The Hon. P. F. Conlon, M.P) concerning the Generation Reserve Outlook for Summer, 2002-2003.

 

Paper Tabled.

 

   9.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 6 be postponed and taken into consideration after Orders of the Day (Government Business) No. 7.

 

Postponement
of Business.

 

10.

The Council, according to order, resolved itself into a Committee of the Whole for the reconsideration of Clause No. 3 of the Stamp Duties (Gaming Machine Surcharge) Amendment Bill.

 

In the Committee

 

                          Clause No. 3 reconsidered and as further suggested to be amended, agreed to.

_____________________

 

                 The President resumed the Chair, and reported that the Committee had reconsidered Clause No. 3 and had agreed to the same with further suggested amendments; whereupon the Council adopted such report.

                 The Minister for Agriculture, Food and Fisheries, 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.

 

Stamp Duties
(Gaming Machine
Surcharge)
Amendment  Bill.

 

11.

Ordered - That Orders of the Day (Government Business) No. 1 and No. 2 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

12.

Ordered - That Orders of the Day (Government Business) No. 3 to No. 6 be postponed and taken into consideration after Orders of the Day (Government Business) No. 8.

 

Postponement
of Business.

 

13.

On the Order of the Day being read for the adjourned debate - That the Native Vegetation (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 and No. 2 agreed to.

                          Clause No. 3 read.

                          To report progress and ask leave to sit again.

_____________________

 

Native Vegetation
(Miscellaneous)
Bill.

 

 

                 The President resumed the Chair and reported progress and obtained for the Committee leave to sit again on next day of sitting.

 

 

 

14.

Ordered - That Orders of the Day (Government Business) No. 3 to No. 6 be postponed and taken into consideration after Orders of the Day (Government Business) No. 9.

 

Postponement
of Business.

 

15.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (Stamp Duties and Other Measures) 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. 30 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 Agriculture, Food and Fisheries, 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
(Stamp Duties
and Other
Measures) Bill.

 

16.

Ordered - That Orders of the Day (Government Business) No. 3 to No. 6 be postponed and taken into consideration after Order of the Day (Government Business) No. 10.

 

Postponement
of Business.

 

17.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (Attorney-General’s Portfolio) 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. 26 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 Aboriginal Affairs and Reconciliation, 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
(Attorney-General’s Portfolio) Bill.

 

18.

Ordered - That Orders of the Day (Government Business) No. 3 to No. 5 be postponed and taken into consideration after Orders of the Day (Government Business) No. 6.

 

Postponement
of Business.

 

19.

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

                 Debate resumed.

Statutes Amendment
(Honesty and
Accountability in
Government) Bill.

 

 

 

                 The Minister for Agriculture, Food and Fisheries, by leave, tabled a document listing South Australian Statutory Corporations, within the meaning of the Public Corporations Act 1995, to which provisions of the Public Corporations Act apply (as at 14 November 2002).

Paper Tabled.

 

 

                 The Minister for Agriculture, Food and Fisheries, by leave, tabled a document listing South Australian Public Sector Agencies, within the meaning of the Public Sector Management Act 1995, that are Bodies Corporate.

Paper Tabled.

 

 

                 The Minister for Agriculture, Food and Fisheries, by leave, tabled a document listing South Australian Advisory Bodies that are unincorporated bodies with apparent advisory functions whose members are appointed by a Minister or the Governor.

                 Question put and passed.

                 Bill read a second time.

                 Ordered - That the Bill’s consideration in Committee be an Order of the Day for next day of sitting.

 

Paper Tabled.

 

20.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Public Finance and Audit (Honesty and Accountability in Government) Amendment Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 3 agreed to.

                          Clause No. 4 read.

                          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 motion.

 

Public Finance and
Audit (Honesty and
Accountability in
Government)
Amendment Bill.

 

21.

At three minutes 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.

 

22.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Public Finance and Audit (Honesty and Accountability in Government) Amendment Bill.

 

In the Committee

 

                          Clause No. 4 further considered and agreed to.

                          Clause No. 5 read.

                 The Hon. R. I. Lucas moved - That the Chairperson report progress and seek leave for the Committee to sit again.

                 Question - put.

Public Finance and
Audit (Honesty and
Accountability in
Government)
Amendment Bill.

 

 

             Committee divided:

Ayes, 11

The Hon. J.S.L. Dawkins

The Hon. M. J. Elliott

The Hon. A. L. Evans

The Hon. I. Gilfillan

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. A. J. Redford

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. R. I. Lucas (Teller)

      So it was resolved in the affirmative.

 

Noes, 4

The Hon. J. M. Gazzola

The Hon. T. G. Roberts

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

 

_____________________

 

                 The President resumed the Chair and reported progress and obtained for the Committee leave to sit again on next day of sitting.

 

 

 

23.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Ombudsman (Honesty and Accountability in Government) Amendment Bill.

 

In the Committee

 

                          Clauses No. 1 and No. 2 agreed to.

                          Clause No. 3 read.

                          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.

 

Ombudsman
(Honesty and
Accountability in
Government)
Amendment Bill.

 

24.

Ordered - That Order of the Day (Government Business) No. 5 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

 

25.

Ordered - That Order of the Day (Government Business) No. 11 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

 

26.

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

                 Debate resumed.

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

 

Statutes
Amendment
(Environment
Protection)
Bill.

 

27.

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

                 Debate resumed.

                 Question put and passed.

                 Bill read a second time.

                 Ordered - That the Bill’s consideration in Committee be an Order of the Day for next day of sitting.

 

Freedom of
Information
(Miscellaneous)
Amendment Bill.

 

28.

The following Message from the House of Assembly was received and read -

Message No. 67

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the South Australian Metropolitan Fire Services Act 1936, to which it desires the concurrence of the Legislative Council.

House of Assembly, 18 November 2002.                                                                    I. P. LEWIS, Speaker.

                 Bill read a first time.

                 The Minister for Agriculture, Food and Fisheries then moved - That this Bill be now read a second time.

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

 

Message from
House of Assembly:
South Australian
Metropolitan
Fire Service
(Fire Prevention)
Amendment Bill.

 

 

29.

Ordered - That Order of the Day (Government Business) No. 14 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

 

30.

Council adjourned at twenty one minutes past nine 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. J.S.L. Dawkins

The Hon. M. J. Elliott

The Hon. A. L. Evans

The Hon. G. E. Gago

The Hon. J. M. Gazzola

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. R. I. Lucas

The Hon. A. J. Redford

The Hon. D. W. Ridgway

 

The Hon. T. G. Roberts The Hon. C. V. Schaefer

The Hon. R. K. Sneath

The Hon.  J. F. Stefani

The Hon. T. J. Stephens

The Hon. C. Zollo