[SOUTH AUSTRALIA]

No. 4

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY  19  OCTOBER  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 Papers were laid upon the Table, viz.:

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

                 Reports, 1998-99.

                          Construction Industry Training Board.

                          Department of Treasury and Finance.

                          ElectraNet SA.

                          ETSA Capital Pty. Ltd.

                          ETSA Corporation.

                          ETSA Power.

                          ETSA Utilities Pty. Ltd.

                          Flinders Power Pty. Ltd.

                          Gaming Supervisory Authority.

                          Office of the Liquor and Gaming Commission.

                          Optima Energy.

                          Parliamentary Superannuation Board.

                          Police Superannuation Board.

                          SA Generation Corporation.

                          South Australian Asset Management Corporation.

                          South Australian Government Captive Insurance Corporation.

                          South Australian Government Financing Authority.

                          South Australian Superannuation Board.

                          State Supply Board - Report on Licences held under Gaming Machines Act.

                          Superannuation Funds Management Corporation of SA (Funds SA).

                          Synergen.

                          Terra Gas Trader Pty. Ltd.

                 Regulations under the following Act -

                          Electricity Act 1996 - Industry Regulator.

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

                 Reports, 1998-99 -

                          The Advisory Board of Agriculture.

                          Courts Administration Authority.

Papers.

 

                          Director of Public Prosecutions.

                          Justice Portfolio (Incorporating the Department of Justice and the Attorney-General’s Department).

                          Legal Services Commission of South Australia.

                          Public Trustee.

                          South Australian Classification Council.

                          State Electoral Office.

                 Regulations under the following Acts -

                          Agricultural Chemicals Act 1955 - Prescribed Standards.

                          Fisheries Act 1982 -

                                   Lobster Pots Age Restriction.

                                   Prawn Licence.

                          Fisheries (Gulf St. Vincent Prawn Fishery Rationalization) Act 1987 - Principal.

                          Land and Business (Sale and Conveyancing) Act 1994 - Forms.

                          Liquor Licensing Act 1997 - Short Term Dry Areas - Port Augusta.

                          Real Property Act 1886 -

                                   Fees Land Division.

                                   Fees Variation.

                 Office of Film and Literature Classification - Guidelines for the Classification of Publications.

                 Police Act 1998 and Police (Complaints and Disciplinary Proceedings) Act 1985 - Agreement - Conduct Constituting Minor Misconduct.

                 Rules of Court - Supreme Court - Supreme Court Act 1985 - Federal State Jurisdiction.

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

                 Reports, 1998-99 -

                          Animal Welfare Advisory Committee.

                          Land Board.

                          Onkaparinga Catchment Water Management Board.

                          Reserve Planning and Management Advisory Committee.

                          South Australian National Parks and Wildlife Council.

                          State Heritage Authority.

                          Wildlife Advisory Committee.

                 Regulations under the following Acts -

                          Harbors and Navigation Act 1993 -

                                   Goolwa Area.

                                   Guichen Bay.

                          Nurses Act 1999 - Principal.

                 South Australian Harness Racing Authority - Rules of Harness Racing.

                 TransAdelaide - Corporation Charter.

 

 

   3.

The Hon. J.S.L. Dawkins brought up the Report of the Environment, Resources and Development Committee on Rail Links with the Eastern States.

 

Environment, Resources and Development Committee -

Report on Rail Links with the Eastern States.

 

   4.

The Hon. J.S.L. Dawkins brought up the Report of the Environment, Resources and Development Committee, 1998-99.

 

Environment, Resources and Development Committee -

Report 1998-99.

 

   5.

The Minister for Transport and Urban Planning, while making a Ministerial Statement, tabled the Final Report of the Review on Jet Ski Legislation prepared for Transport SA, Marine Operations Group, by Hassell.

 

Paper Tabled.

   6.

On the Order of the Day being read for the adjourned debate on the question - That the Address-in- Reply, as read, be adopted.

                 Debate resumed.

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

 

Address-in-Reply.

   7.

On the Order of the Day being read for the adjourned debate on the motion of the
Attorney-General - That during the present Session, the Council make available to any person who believes that he or she has been adversely referred to during proceedings of the Legislative Council the following procedure for seeking to have a response incorporated in to Hansard -

         I.      Any person who has been referred to in the Legislative Council by name, or in another way so as to be readily identified, may make a submission in writing to the President -

                        (a)     claiming that he or she has been adversely affected in reputation or in respect of dealings or associations with others, or injured in profession, occupation or trade or in the holding of an office, or in respect of any financial credit or other status or that his or her privacy has been unreasonably invaded; and

                        (b)    requesting that his or her response be incorporated in to Hansard.

Sessional Order -

Citizens’ Right

of Reply.

 

        II.      The President shall consider the submission as soon as practicable.

       III.      The President shall give notice of the submission to the Member who referred in the Council to the person who has made the submission.

       IV.      In considering the submission, the President -

                        (a)     may confer with the person who made the submission,

(b)       may confer with any Member,

but

(c)       may not take any evidence,

(d)       may not judge the truth of any statement made in the Council or the submission.

        V.      If the President is of the opinion that -

(a)       the submission is trivial, frivolous, vexatious, or offensive in character, or

(b)       the submission is not made in good faith, or

(c)       there is some other good reason not to grant the request to incorporate a response into Hansard,

                       he shall refuse the request and inform the person who made it of his decision.  The President shall not be obliged to inform any person or the Council of the reasons for his decision.

       VI.      Unless the President refuses the request on one or more of the grounds set out in
Paragraph V of this resolution, the President shall report to the Council that in his opinion the response in terms agreed between him and the person making the request should be incorporated in to Hansard and the response shall thereupon be incorporated in to Hansard.

     VII.      A response -

(a)       must be succinct and strictly relevant to the question in issue,

(b)       must not contain anything offensive in character,

(c)       must not contain any matter the publication of which would have the effect of -

            (i)   unreasonably adversely affecting or injuring a person, or unreasonably invading a person’s privacy in the manner referred to in Paragraph I of this resolution, or

           (ii)   unreasonably aggravating any adverse effect, injury or invasion of privacy suffered by any person, or

          (iii)   unreasonably aggravating any situation or circumstance,

and

(d)       must not contain any matter the publication of which might prejudice -

            (i)   the investigation of any alleged criminal offence,

           (ii)   the fair trial of any current or pending criminal proceedings, or

          (iii)   any civil proceedings in any court or tribunal.

    VIII.      In this resolution, “person” includes a corporation of any type and an unincorporated association.

                 Debate resumed.

                 On motion of the Hon. J. F. Stefani, the debate was adjourned until next day of sitting.

 

 

   8.

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

 

Postponement

of Business.

 

   9.

On the Order of the Day being read for the adjourned debate on the question - That the Criminal Law Consolidation (Appeals) 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 siting.

 

Criminal Law Consolidation (Appeals)

Amendment Bill.

 

10.

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

 

Postponement

of Business.

 

11.

On the Order of the Day being read for the adjourned debate on the question - That the Judicial Administration (Auxiliary Appointments and Powers) (Definition of Judicial Office) Amendment 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 siting.

 

Judicial

Administration (Auxiliary Appointments and Powers) (Definition

of Judicial Office) Amendment Bill.

 

12.

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

                 Debate resumed.

                 On motion of the Hon. C. V. Schaefer, the debate was adjourned until next day of siting.

 

Statutes

Amendment (Magistrates

Court Appeals)

Bill.

 

13.

On the Order of the Day being read for the adjourned debate on the question - That the Motor Vehicles (Heavy Vehicles Speeding Control Scheme) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. C. V. Schaefer, the debate was adjourned until next day of siting.

 

Motor Vehicles

(Heavy Vehicles Speeding Control Scheme)

Amendment Bill.

 

14.

On the Order of the Day being read for the adjourned debate on the question - That the Highways (Road Closures) Amendment 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 siting.

 

Highways

(Road Closures)

Amendment Bill.

15.

Ordered - That Orders of the Day (Government Business) No. 10 to No. 12 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

16.

The Minister for Transport and Urban Planning, pursuant to notice, moved - That this Council requests His Excellency The Governor to make a proclamation under section 43(2) of the National Parks and Wildlife Act 1972 that declares that rights of entry, prospecting, exploration and mining under the Mining Act 1971 may be acquired and exercised in respect of that portion of Yumbarra Conservation Park being Section 457, North Out of Hundreds, County of Way (Fowler).

Proclamation by

His Excellency

The Governor concerning Mining

in Yumbarra Conservation Park -Motion re.

 

 

           The Minister for Transport and Urban Planning, by leave, tabled a copy of the Draft Proclamation to be made by His Excellency The Governor under section 43(2) of the National Parks and Wildlife Act 1972 concerning Mining in Yumbarra Conservation Park.

           On motion of the Hon. R. R. Roberts, the debate was adjourned until Tuesday,
9 November 1999.

 

Paper Tabled.

17.

On the Order of the Day being read for the adjourned debate on the question - That the Office for the Ageing (Advisory Board) Amendment Bill be now read a second time:

                 Debate resumed.

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

 

Office for the

Ageing

(Advisory Board) Amendment Bill.

18.

Ordered - That Order of the Day (Government Business) No. 15 be an Order of the Day for next day of sitting.

 

Postponement

of Business.

19.

Council adjourned at seven minutes past five 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