[SOUTH AUSTRALIA]

No. 15

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

THURSDAY 19 MARCH 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. 4.

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

                 No. 1 of 1998 - An Act to amend the Mutual Recognition (South Australia) Act 1993.

Government House, Adelaide, 17 March 1998.                                                    E. J. NEAL, Governor.

 

Message from

Governor:

Assent to Bill.

   3.

The Clerk announced that the following Petition had been lodged for presentation:

                 By the Hon. P. Holloway from 79 residents of South Australia concerning Voluntary Euthanasia.  The Petitioners pray that this Honourable House will reject euthanasia legislation in any form.

 

Petition No. 4 -

Voluntary Euthanasia.

   4.

Answers to Questions on Notice Nos. 15, 52 to 56, 59, 62 and 89 received this day were tabled by the President who directed that they be distributed and printed in Hansard.

 

Answers to

Questions on

Notice.

 

   5.

The Attorney-General (The Hon. K. T. Griffin) tabled a copy of a Ministerial Statement made by the Minister for Education, Children’s Services and Training (The Hon. M. R. Buckby, M.P.) concerning a World Class Curriculum for South Australia.

 

Paper

Tabled.

   6.

The Hon. C. A. Pickles, by leave, tabled a copy of a letter to an unnamed person from
K. L. Lindner, Senior Sergeant, Expiation Notice Branch, South Australian Police, dated
27 February 1998.

 

Paper

Tabled.

   7.

The Minister for Transport and Urban Planning (The Hon. D. V. Laidlaw), 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. N. Xenophon.

                 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.

   8.

The Attorney-General, according to order, moved - That the Barley Marketing (Application of Parts 4 and 5) Amendment Bill be now read a second time.

                 On motion of the Hon. P. Holloway, the debate was adjourned until next day of sitting.

 

Barley Marketing (Application

of Parts 4 and 5) Amendment

Bill.

 

   9.

Ordered - That Orders of the Day (Government Business) No. 2 to No. 5 be Orders of the Day for next day of sitting.

 

Postponement

 of Business.

 

10.

Ordered - That Orders of the Day (Government Business) No. 6 to No. 10 be postponed and taken into consideration after Order of the Day (Government Business) No. 12.

 

Postponement

 of Business.

 

11.

On the Order of the Day being read for the adjourned debate on the question - That the Workers Rehabilitation and Compensation (Self Managed Employer Scheme) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. N. Xenophon, the debate was adjourned until next day of sitting.

 

Workers Rehabilitation

and

Compensation

(Self Managed Employer Scheme)

Amendment Bill.

 

12.

Ordered - That Order of the Day (Government Business) No. 12 be postponed and taken into consideration on motion.

 

Postponement

of Business.

13.

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

 

Postponement

of Business.

14.

Ordered - That Order of the Day (Government Business) No. 9 be an Order of the Day for next day of sitting.

 

Postponement

 of Business.

 

15.

On the Order of the Day being read for the adjourned debate on the question - That the Aboriginal Lands Trust (Native Title) 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.

                          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 and Urban Planning, 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.

           Committee divided:

Aboriginal

Lands Trust

(Native Title)

Amendment

Bill.

 

Ayes, 15

The Hon. T. G. Cameron

The Hon. T. Crothers

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. K. T. Griffin

The Hon. P. Holloway

The Hon. R. D. Lawson

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. N. Xenophon

The Hon. C. Zollo

The Hon. D. V. Laidlaw (Teller)

Noes, 3.

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. M. J. Elliott

 

 

 

        So it was resolved in the affirmative.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

 

16.

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

Message No. 40

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the National Wine Centre Act 1997, to which it desires the concurrence of the Legislative Council.

House of Assembly, 18 March 1998.                                                              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. P. Holloway, the debate was adjourned until next day of sitting.

 

Messages from

House of

Assembly:

National Wine

Centre (Land

of Centre)

Amendment

Bill.

 

 

Message No. 41

                 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 1998.                                                              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. P. Holloway, the debate was adjourned until next day of sitting.

 

Local

Government (Memorial

Drive Tennis

Centre)

Amendment

Bill.

 

 

Message No. 42

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Highways Act 1926, without any amendment.

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

 

Highways (Miscellaneous) Amendment

Bill.

 

 

Message No. 43

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to provide for carrying out forensic procedures to obtain evidence relevant to the investigation of criminal offences; and for other purposes, 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, 18 March 1998.                                                              J.K.G. OSWALD, Speaker.

 

Criminal Law (Forensic

Procedures) Bill.

 

 

Schedule of the amendments made by the House of Assembly

No. 1.       Clause 15, page 6, lines 16 and 17 - Leave out paragraph (c).

No. 2.       Clause 16, page 6, lines 32 to 34 - Leave out paragraph (f) and insert -

(f)   that, if the person does not consent to the proposed procedure -

          (i)     if the proposed procedure is an intrusive forensic procedure and the suspected offence is a summary offence - the person cannot be compelled to undergo the procedure; or

         (ii)     in any other case - an application may be made to an appropriate authority for an order authorising the procedure and the use of force reasonably necessary for the purpose of carrying it out; and”.

No. 3.       Clause 20, page 8, line 27 - After “application” insert “or, if it is not reasonably practicable to fax the application, the application may be read to the appropriate authority over the telephone (however, in such a case, a copy of the application must be provided to the appropriate authority as soon as practicable after the application is made).”

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

 

 

                 Ordered - That the Message be taken into consideration forthwith.

                 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

 

                          Resolved - That the amendments be agreed to.

_____________________

 

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

 

 

 

Message No. 44

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Freedom of Information Act 1991, to which it desires the concurrence of the Legislative Council.

House of Assembly, 19 March 1998.                                                              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.

 

Freedom of Information

(Public

Opinion Polls) Amendment

Bill.

  17.

Ordered - That the adjourned debate on the question - That the MFP Development (Winding-Up) Amendment Bill be now read a second time - be now resumed.

                 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.

 

MFP

Development (Winding-Up) Amendment

Bill.

  18.

Ordered - That the adjourned debate on the question - That the Children’s Services (Child Care) Amendment Bill be now read a second time - be now resumed.

                 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.

 

Children’s

 Services

(Child Care) Amendment

Bill.

19.

On the Order of the Day being read for the adjourned debate on the question - That the Financial Institutions Duty (Dutiable Receipts) 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.

 

Financial

Institutions

Duty (Dutiable Receipts) 

Amendment

Bill.

20.

Ordered - That Orders of the Day (Government Business) No. 13 to No. 18 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

 

21.

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

Message No. 45

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Petroleum Products Regulation Act 1995, to which it desires the concurrence of the Legislative Council.

House of Assembly, 19 March 1998.                                                              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. P. Holloway, the debate was adjourned until next day of sitting.

 

Messages from

House of

Assembly:

Petroleum

Products

Regulation

(Licence Fees

and Subsidies)

Amendment Bill.

 

 

Message No. 46

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act relating to the transfer of prisoners to and from Australia, without any amendment.

House of Assembly, 19 March 1998.                                                              J.K.G. OSWALD, Speaker.

 

International

Transfer of

Prisoners (South Australia) Bill.

22.

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

 

Postponement

of Business.

 

23.

Council adjourned at twenty-two minutes to five o’clock until Tuesday next, 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. 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