[SOUTH AUSTRALIA]

No. 16

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

FRIDAY 19 NOVEMBER 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) -

                 Ministerial Response to Report of Social Development Committee on Gambling.

                 Review of the Youth Affairs Council of South Australia.

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

                 City of Tea Tree Gully Heritage Plan Amendment - Report on the Interim Operation.

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

                 Australian Dance Theatre - Report 1998.

                  South Australian Country Arts Trust - Report, 1998-99.

                 Adelaide Festival of Arts - Report, 1 April 1999 - 30 June 1999.

 

Papers.

   3.

The Hon. A. J. Redford brought up the Tenth Report, 1999-2000 of the Legislative Review Committee, which was read by the Clerk as follows:-

                 The Regulation and Rule listed hereunder is at present being considered by the Legislative Review Committee.  Evidence is being taken on this matter and it is necessary for a Notice of Motion for Disallowance to be given in both Houses before the expiration of 14 sitting days to allow the Committee time to complete its deliberations.

                 Honourable Members are warned that after consideration has been given to the Regulation and Rule, the Committee may decide to take no further action.

                 Regulation referred to:

                          Fisheries Act 1982 - Lobster Pots - Age Restriction.

                 Rule referred to:

                          Racing Act 1976 - Harness Racing.

 

Legislative

Review

Committee -

Tenth Report,

1999-2000.

 

   4.

The Hon. A. J. Redford brought up the Eleventh Report, 1999-2000 of the Legislative Review Committee.

 

Legislative

Review

Committee -

Eleventh Report,

1999-2000.

 

   5.

The Treasurer tabled a copy of a Ministerial Statement made by the Premier (The Hon. J. W. Olsen, M.P.) concerning a Site for Radioactive Waste in South Australia.

 

Paper Tabled.

   6.

The Minister for Transport and Urban Planning tabled a copy of a Ministerial Statement made by the Minister for Human Services (The Hon. D. C. Brown, M.P.) concerning the Report to Parliament on the Care of People who are Dying in South Australia, 1999, together with a copy of the Report.

 

Paper Tabled.

    7.

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

Message No. 28

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith entitled an Act to amend the Criminal Law Consolidation Act 1935; and to make a related amendment to the Summary Procedure Act 1921, without any amendment.

House of Assembly, 18 November 1999.                                                          J.K.G. OSWALD, Speaker.

 

Messages from

House of

Assembly:

Criminal Law Consolidation

(Serious Criminal Trespass)

Amendment  Bill.

 

 

Message No. 29

                 MR. PRESIDENT - The House of Assembly has agreed to Bill returned herewith entitled an Act to amend the Criminal Law (Sentencing) Act 1988, without any amendment.

House of Assembly, 18 November 1999.                                                          J.K.G. OSWALD, Speaker.

 

Criminal Law (Sentencing) (Sentencing

Principles)

Amendment Bill.

 

 

Message No. 30

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to ensure payment to the Crown of certain amounts on account of the construction of a bridge between Goolwa and Hindmarsh Island; and for other purposes, with the amendment indicated by the annexed Schedule, to which amendment the House of Assembly desires the concurrence of the Legislative Council.

House of Assembly, 18 November 1999.                                                          J.K.G. OSWALD, Speaker.

 

Hindmarsh Island Bridge Bill.

 

 

 

Schedule of the amendment made by the House of Assembly

New Clause 4 - Page 3, after line 2, insert new clause 4 as follows:-

Owners of new allotments on Hindmarsh Island to pay contributions towards cost of bridge

         4.  (1)  The owner of a relevant allotment is liable to pay to the Crown in respect of each relevant period an amount equal to the amount that the Council is liable to pay to the Minister with respect to that allotment under the terms of clause 9 of the Tripartite Deed.

         (2)  For the purposes of subsection (1), the amount of a payment with respect to an allotment will be determined assuming “C” in the formula set out in clause 9.3.2 of the Tripartite Deed is the CPI Number for the quarter ended on 31 March 2000.

         (3)  An amount payable under subsection (1) with respect to a relevant period must be paid by the owner of the relevant allotment to the Council in conjunction with the payment of general rates under the Local Government Act 1934 on land comprising the allotment for the financial year corresponding with the relevant period.

         (4)  The Council must, after consultation with the Minister, give notice of an amount payable under this section with respect to a relevant allotment to the person who is the principal ratepayer for the land comprising the allotment for the purposes of the Local Government Act 1934.

         (5) A notice under subsection (4) must be in a form approved or determined by the Minister and served as part of a rates notice for general rates payable under the Local Government Act 1934 or, with the approval of the Minister, as a separate notice.

         (6)  The service of a notice under subsection (5) in accordance with the provisions of the Local Government Act 1934 for the service of notices is sufficient for the purposes of giving notice to the owner of a relevant allotment of an amount payable under this section in respect of the allotment.

         (7)  An amount payable under this section in respect of a relevant allotment for a relevant period is payable to the Council -

(a)    unless paragraph (b) applies - on the day on which general rates on the land comprising the allotment for the corresponding financial year are payable to the Council under the Local Government Act 1934.

(b)    if general rates on the land comprising the allotment for the corresponding financial year are payable in two or more instalments - on the day on which the first instalment of those rates is payable to the Council under the Local Government Act 1934.

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 Message.

 

In the Committee

 

                          Resolved - That the amendment be agreed to.

_____________________

 

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

 

 

   8.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 27 be postponed and taken into consideration after Order of the Day (Government Business) No. 28.

 

Postponement

of Business.

   9.

On the Order of the Day being read for the consideration of Message No. 27 relating to the Joint Committee to address concerns of the Auditor-General re Electricity Businesses Disposal Process:

                 The Treasurer moved - That the Council agree with the Resolution of the House of Assembly contained in Message No. 27 for the appointment of a Joint Committee.

                 Debate ensued.

                 Question put and passed.

Joint Committee

to address concerns

of the

Auditor-General re Electricity Businesses Disposal Process.

 

 

                The Treasurer moved - That in the event of a Joint Committee being appointed, this Council will be represented on the Committee by two Members, of whom one shall form a quorum necessary to be present at all sittings of the Committee, and that Members of the Joint Committee to represent the Council be the Hon. P. Holloway and the mover.

                Question put and passed.

                 The Treasurer moved - That Joint Standing Order No. 6 be so far suspended as to allow the Chairperson to vote on every question, but when the votes are equal, to also have a casting vote.

                 Question put and passed.

 

Members

Appointed.

10.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 8 be postponed and taken into consideration after Order of the Day (Government Business) No. 9.

 

Postponement

of Business.

11.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Legal Practitioners (Miscellaneous) Amendment Bill.

 

In the Committee

 

                 Clause No. 4 which the Hon. N. Xenophon had moved to amend on page 2, lines 27 and 28, to leave out paragraph (a) - further considered.

                          Amendment, by leave, withdrawn.

                          Clause No. 4 otherwise amended and agreed to.

                          Clause No. 5 agreed to.

                          New clause No. 5A inserted.

                          Clause No. 6 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.

                 Ordered - That the Bill be recommitted in respect of clause No. 3.

                 The President then left the Chair, and the Council resolved itself into a Committee of the Whole for the further consideration of clause No. 3.

 

In the Committee

 

                          Clause No. 3 reconsidered, amended and agreed to.

____________________

 

Legal Practitioners (Miscellaneous) Amendment Bill.

 

                 The President resumed the Chair, and reported that the Committee had further considered the Bill and had agreed to the same with a further amendment; whereupon the Council adopted such reports.

                 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.

 

 

12.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 8 and No. 10 to No. 25 be postponed and taken into consideration after Order of the Day (Government Business) No. 27.

 

Postponement

of Business.

13.

On the Order of the Day being read for the adjourned debate on the question - That the Barley Marketing (Miscellaneous No. 2) 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 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.

 

Barley Marketing (Miscellaneous

No. 2) Amendment Bill.

14.

On the Order of the Day being read for the adjourned debate on the question - That the Land Tax (Intensive Agistment) Amendment Bill be now read a second time:

                 Debate resumed.

                 Question put.

            Committee divided:                                                        

Land Tax

(Intensive

Agistment)

Amendment Bill.

 

Ayes, 15.

The Hon. T. Crothers

The Hon. J.S.L. Dawkins

The Hon. K. T. Griffin

The Hon. P. Holloway

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. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. G. Weatherill

The Hon. C. Zollo

The Hon. N. Xenophon

The Hon. R. I. Lucas (Teller)

Noes, 3.

The Hon. M. J. Elliott

The Hon. S. M. Kanck

The Hon. I. Gilfillan (Teller)

 

 

 

        So it was resolved in the affirmative.

                 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 Treasurer, 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.

 

 

15.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 8 and No. 10 to No. 25 be postponed and taken into consideration on motion.

 

Postponement

Of Business.

16.

Ordered - That the adjourned debate on the question - That the Statutes Amendment (Universities) Bill be now read a second time - be now resumed.

                 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.

                          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 Treasurer, 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 (Universities)

Bill.

17.

Ordered - That Notices of Motion (Private Business) No. 1 and No. 2 and Order of the Day (Private Business) No. 1 be postponed and taken into consideration after Order of the Day (Private Business) No. 2.

 

Postponement of Business.

18.

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

                 Debate resumed.

                 Question put and passed.

                 Bill read a second time.

Ordered - That the Committee stages be an order of the day for Wednesday next.

 

Gambling

Industry

Regulation Bill.

  19.

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

Message No. 31

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

House of Assembly, 19 November 1999.                                                          J.K.G. OSWALD, Speaker.

 

Message from

House of

Assembly:

Legal Practitioners (Miscellaneous) Amendment Bill.

  20.

Ordered - That  Notices of Motion (Private Business) No. 1 and No. 2 and Orders of the Day (Private Business) No. 1 and No. 3 to No. 5 be postponed and taken into consideration on Wednesday next.

 

Postponement

of Business.

21.

Ordered - That Orders of the Day (Government Business) No. 2 to No. 8, No. 10 and No. 11 and No. 13 to No. 25 be Orders of the Day for Tuesday, 28 March 1999.

 

Postponement

of Business.

22.

Council adjourned at thirty minutes past six o’clock midnight 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. 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