[SOUTH AUSTRALIA]

No. 36

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

THURSDAY 20 MARCH 1997

 

 

 

   1.

Council met pursuant to adjournment.  The President (The Hon. H.P.K. Dunn) took the Chair.

                 The President read prayers.

 

Meeting of

Council.

   2.

The Attorney-General (The Hon. K. T. Griffin) reported as follows: - The Managers have been to the Conference on the Subordinate Legislation (Commencement of Regulations) Amendment Bill which was managed on behalf of the House of Assembly by the Treasurer (The Hon. S. J. Baker) and Messrs. Atkinson, Clarke, Cummins and Wade and the Council Managers there delivered the Bill, together with the Resolution adopted by this House, and thereupon the Managers for the two Houses conferred together, but no agreement was reached.

 

Subordinate Legislation (Commencement

of Regulations) Amendment

Bill.

   3.

The Minister for Education and Children’s Services (The Hon. R. I. Lucas), without notice, moved - That the Standing Orders be so far suspended as to enable Petitions, the Tabling of Papers and Question Time to be taken into consideration at fifteen minutes past two o’clock.

                 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.

   4.

The Attorney-General, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to make provision for a uniform legislative scheme for friendly societies; to repeal the Friendly Societies Act 1919; to make consequential amendments to the South Australian Office of Financial Supervision Act 1992, and for other purposes.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Attorney-General then moved - That this Bill be now read a second time.

Friendly

Societies

(South

Australia)

Bill.

 

 

                 The Attorney-General, by leave, tabled a copy of the Friendly Societies (Victoria) Bill, 1996.

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

 

Paper

Tabled.

   5.

The Attorney-General, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Criminal Law (Sentencing) Act 1988, the Enforcement of Judgements Act 1991, the Evidence Act 1929, the Fences Act 1975, the Law of Property Act 1936, the Magistrates Act 1983 and the Statutes Amendment and Repeal (Common Expiation Scheme) Act 1996.

                 Question put and passed.

                 Bill introduced and 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.

 

Statutes

Amendment (Attorney-

General’s

Portfolio)

Bill.

   6.

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.

   7.

Ordered - That Orders of the Day (Government Business) No. 3 to No. 9 be postponed and taken into consideration after Order of the Day (Government Business) No. 10.

 

Postponement

of Business.

   8.

On the Order of the Day being read for the adjourned debate on the question - That the Public Finance and Audit (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. M. J. Elliott moved on page 2, after line 18, to insert new subclause as follows:

                “(7) Nothing in this section (or any other provision of this Act) limits or affects the power of a House of Parliament or a committee of Parliament to require the production of documents.”

                          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 (Miscellaneous) Amendment

Bill.

   9.

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

 

Postponement

of Business.

10.

Ordered - That Orders of the Day (Government Business) No. 4 to No. 7 be postponed and taken into consideration on motion.

 

Postponement

of Business.

11.

On the Order of the Day being read for the adjourned debate on the question - That the Local Government (City of Adelaide Elections) 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.

 

Local

Government

(City of Adelaide Elections)

Amendment

Bill.

12.

Ordered - That the adjourned debate on the question - That the Environment Protection (Miscellaneous) Amendment 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. 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 without amendment; whereupon the Council adopted such report.

                 The Minister for Transport (The Hon. D. V. Laidlaw), 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.

 

Environment Protection (Miscellaneous)

Amendment

Bill.

13.

Ordered - That the adjourned debate on the question - That the Gas Bill be now read a second time - be now resumed.

                 Debate resumed.

                 On motion of the Hon. J. C. Irwin, the debate was adjourned and ordered to be resumed on motion.

 

Gas Bill.

14.

At one minute past one o’clock the sitting was suspended until the ringing of the bells.

                 At fifteen minutes past two o’clock the sitting was resumed.

 

Suspension and

Resumption of

Sitting.

15.

The Minister for Education and Children’s Services tabled a copy of Ministerial Statement made by the Minister for Employment, Training and Further Education (The Hon. D. C. Kotz, M.P.) concerning a Major Agreement with the State of Baden-Wurttemberg in Germany to enable the Exchange of Tertiary and Further Education Students.

 

Paper

Tabled.

16.

The Attorney-General tabled a copy of Ministerial Statement made by the Minister for Primary Industries (The Hon. R. G. Kerin, M.P.) concerning Barbara Hardy and Landcare.

 

Paper

Tabled.

17.

The Attorney-General tabled a copy of Ministerial Statement made by the Minister for Primary Industries concerning a Cheque for Flood Assistance.

 

Paper

Tabled.

18.

The Hon. R. R. Roberts tabled a copy of a letter to Mr. Ian Harrison, General Manager, Finance, Administration and Policy, South Australian Employers’ Chamber of Commerce and Industry Inc. from Mr. Paul Brock, Employment and Training Field Officer, dated 27 February 1997.

 

Paper

Tabled.

19.

The Hon. J. C. Irwin brought up the First Report of the Printing Committee, 1996-97, and moved that it be adopted.

                 Question put and passed.

                 The following Papers were ordered to be Printed:

                          Botanic Gardens Adelaide, Board of - Report, 1995-96.  (Paper No. 13)

                          Coast Protection Board - South Australia - Report, 1995-96.  (Paper No. 51)

                          Correctional Services, Department for - Report, 1995-96.  (Paper No. 38)

                          Dental Board of South Australia - Report, 1995-96.  (Paper No. 79)

                          South Australian Health Commission - Report, 1995-96.  (Paper No. 121)

                          South Australian Meat Corporation - Report, 1995-96.  (Paper No. 59)

                          State Government Services, Department for - Report, 1995-96. (Paper No. 99)

 

Printing

Committee -

First Report,

1996-97.

20.

The Attorney-General, while making a Ministerial Statement, tabled a copy of an Opinion from P.J.L. Rofe, Q.C., Director of Public Prosecutions, dated 20 March 1997, concerning Proposed Self Defence Legislation.

 

Paper

Tabled.

21.

The Minister for Education and Children’s Services, without notice, moved - That the Standing Orders be so far suspended as to enable Question Time to be extended until thirty minutes past three o’clock.

                 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.

22.

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

 

In the Committee

 

                          Clause No. 4, which the Hon. M. J. Elliott had moved to amend on page 2, after line 18, by inserting new subclause as follows:

                          “(7)  Nothing in this section (or any other provision of this Act) limits or affects the power of a House of Parliament or a committee of Parliament to require the production of documents.” - further considered.

                          Question - That the amendment be agreed to - put and negatived.

                          Clause 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.

 

Public Finance

and Audit (Miscellaneous) Amendment

Bill.

23.

Ordered - That the adjourned debate on the question - That the Gas 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. 94 agreed to.

                          Clause No. 95 read.

                 The Hon. P. Holloway moved on page 38, lines 31 to 32, to leave out paragraph (i).

                          Question - That the amendment be agreed to - put and negatived.

                          Clause No. 95 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 Minister for Education and Children’s Services, 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.

 

Gas Bill.

24.

On the Order of the Day being read for the adjourned debate on the question - That the Racing (Interstate Totalizator) 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 Education and Children’s Services, 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.

 

Racing

(Interstate Totalizator) Amendment

Bill.

  25.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Tobacco Products Regulation Bill.

 

In the Committee

 

                          Clause No. 9 further considered and agreed to.

                          Clause No. 10 amended and agreed to.

                          Clauses No. 11 to No. 37 agreed to.

                          Clause No. 38 read.

                 The Hon. S. M. Kanck moved on page 20, after line 14, to insert the following:

                          “Expiation fee:           $310.”

                 The Hon. S. M. Kanck moved on page 20, after line 17, to insert the following:

                          “Expiation fee:           $310.”

                 The Hon. S. M. Kanck moved on page 20, after line 17, to insert new subclause as follows:

                 “(2A)  An offence against subsection (1) or (2) is not expiable if the child referred to in that subsection was less than 13 years of age at the time when the offence is alleged to have been committed.”

Question - That the amendments be agreed to - put and negatived.

                 The Hon. S. M. Kanck moved on page 20, lines 31 to 35, and on page 21, lines 1 to 16, to leave out subclauses (5) and (6) and insert new subclauses as follow:

          “(5)  A court that convicts a person of an offence against subsection (1) or (2) must disqualify the person from applying for or holding a tobacco merchant’s licence during such period (not exceeding four years) as the court orders if -

(a)     the child referred to in subsection (1) or (2) was less than 13 years of age at the time when the offence was committed; or

(b)     the child referred to in subsection (1) or (2) was 13 or more years of age at the time when the offence was committed and the person has, within the immediately preceding three years, been previously convicted of an offence against subsection (1) or (2) of this section or section 11(1) or (2) of the Tobacco Products (Control) Act 1986; or

(c)     the person has previously been disqualified under this section or section 11(5) or (6) of the Tobacco Products (Control) Act 1986.

          (6)  If a court imposes a disqualification under subsection (5) on a person who is a member of a group of tobacco merchants -

(a)     the licence held on behalf of the group is cancelled and a person cannot hold a licence on behalf of a group that includes the convicted person during the period of his or her disqualification; and

(b)     if, during the period of the disqualification, a person who is a member of the group of which the convicted person was a member at the time of the offence that gave rise to the disqualification sells or offers to sell tobacco products from the premises where the offence occurred, the person is guilty of an offence and liable to a fine not exceeding $20 000.”

                 Question - That the amendment be agreed to - put and negatived.

                          Clause No. 38 agreed to.

                          Clause No. 39 agreed to.

                          Clause No. 40 amended and agreed to.

                          Clauses No. 41 to No. 46 agreed to.

                          Clause No. 47 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.

 

Tobacco

Products

Regulation

Bill.

26.

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.

 

  27.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Tobacco Products Regulation Bill.

 

In the Committee

 

                          Clause No. 47 further considered.

                 The Minister for Education and Children’s Services moved on page 25, after line 9, to insert paragraphs as follow:

“(ab)   an area within licensed premises (whether being the whole or part of an enclosed public area) that -

 (i)    is a bar or lounge area; and

(ii)    is for the time being exempted by the Minister;

 (ac)     licensed premises consisting of or including only a single enclosed public area (not the subject of an exemption under paragraph (ab)) while meals are neither available nor being consumed in the area;”.

                 The Hon. R. R. Roberts moved to amend the amendment by leaving out “the Minister” in paragraph (ab)  and inserting “the Liquor Licensing Commissioner”.

                 Question - That the amendment moved by the Hon. R. R. Roberts to the amendment moved by the Minister for Education and Children’s Services be agreed to - put and passed.

                 Question - That the amendment moved by the Minister for Education and Children’s Services and as amended by the Hon. R. R. Roberts, be agreed to - put and passed.

Tobacco

Products

Regulation

Bill.

 

                 The Minister for Education and Children’s Services moved on page 25, lines 15 to 25, to leave out paragraph (e)  and subclauses (4) and (5) and insert the following:

          “(4)  An exemption in respect of an area within licensed premises -

(a)     may be given on written application by the licensee in a manner and form approved by the Minister and accompanied by the prescribed fee;

(b)     may be subject to conditions fixed by the Minister, which may include conditions requiring -

  (i)      the display of signs;

 (ii)      the installation, operation and maintenance of ventilation and air conditioning equipment;

(iii)      the maintenance of a bar or lounge area as a distinct area separated by at least one metre from an area occupied by tables and chairs used for meals;

(c)     may be varied or revoked by the Minister on application by the licensee or on contravention of or non-compliance with a condition of the exemption.

           (5)  The provisions of Division 4 of Part 2 relating to reviews and appeals apply in relation to a decision of the Minister under subsection (4) in the same way as in relation to a decision of the Minister under Part 2 but with references to the Administrative and Disciplinary Division of the District Court to be read as references to the Licensing Court of South Australia.

           (5a)  The occupier of an enclosed public dining or cafe area -

(a)    must display signs in the area in accordance with the regulations; and

(b)    must not, if an exemption under subsection (4) relates to the area, contravene or fail to comply with a condition of the exemption.

 

 

Maximum penalty:            In the case of a natural person - $500

                                                                     In the case of a body corporate - $1 000.”

                 The Hon. R. R. Roberts moved to amend the amendment by leaving out “the Minister” in subclause (4), wherever occurring, and inserting in each case “the Liquor Licensing Commissioner”.

                 Question - That the amendment moved by the Hon. R. R. Roberts to the amendment moved by the Minister for Education and Children’s Services be agreed to - put and passed.

                 The Hon. R. R. Roberts moved to amend the amendment by leaving out “the prescribed fee” in subclause (4) and inserting “a fee of $20”.

                 Question - That the amendment moved by the Hon. R. R. Roberts to the amendment moved by the Minister for Education and Children’s Services be agreed to - put and negatived.

                 The Hon. S. M. Kanck moved to amend the amendment by leaving out “one metre” in subparagraph (4)(b) (iii) and inserting “1.5 metres”.

                 Question - That the amendment moved by the Hon. S. M. Kanck to the amendment moved by the Minister for Education and Children’s Services be agreed to - put and passed.

                 The Hon. R. R. Roberts moved to amend the amendment by leaving out from proposed subclause (5) “Minister under subsection (4) in the same way as in relation to a decision of the Minister” in subclause (5) and inserting “Liquor Licensing Commissioner under subsection (4) in the same way as in relation to a decision of the Commissioner”.

                 Question - That the amendment moved by the Hon. R. R. Roberts to the amendment moved by the Minister for Education and Children’s Services be agreed to - put and passed.

                 Question - That the amendment moved by the Minister for Education and Children’s Services and as amended by the Hon. R. R. Roberts and the Hon. S. M. Kanck, be agreed to - put and passed.

 

 

                          Clause No. 47, as amended and otherwise amended, agreed to.

                          Clauses No. 48 to No. 56 agreed to.

                          Clause No. 57 amended and agreed to.

                          Clauses No. 58 to No. 65 agreed to.

                          Clause No. 66 amended and agreed to.

                          Clauses No. 67 to No. 69 agreed to.

                          Clause No. 70 as suggested to be amended, agreed to.

                 Resolved - That it be a suggestion to the House of Assembly that new clause No. 70A be inserted.

                          Clauses No. 71 to No. 87 agreed to.

                          Schedule 1 agreed to.

                          Schedule 2 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 and suggested amendments; whereupon the Council adopted such report.

                 The Minister for Education and Children’s Services, 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.

 

 

28.

At twenty three minutes past ten o’clock the sitting was suspended until the ringing of the bells.

                 At three minutes past eleven o’clock the sitting was resumed.

 

Suspension and

Resumption of

Sitting.

29.

Ordered - That the adjourned debate on the question - That the Supply 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.

 

Supply

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 Education and Children’s Services, 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.

 

 

30.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of Message No. 84 from the House of Assembly relating to the Electoral (Miscellaneous) Amendment Bill.

 

In the Committee

 

                          Resolved - That Amendment No. 1 be disagreed to and an alternative amendment and consequential amendment be agreed to.

                          Resolved - That Amendment No. 2 be agreed to.

                          Resolved - That Amendment No. 3 be disagreed to.

_____________________

 

And it being twelve of the clock:

FRIDAY 21 MARCH 1997

_____________________

 

                          Resolved - That Amendments No. 4 and No. 5 be agreed to.

_____________________

 

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

                 Ordered - That a Committee consisting of the Hon. M. J. Elliott, the Hon. P. Holloway and the Attorney-General be appointed to prepare Reasons for disagreeing to the amendments of the House of Assembly.

                 The Attorney-General brought up the Report of the Committee appointed to prepare Reasons for disagreeing to the amendments of the House of Assembly, which was read by the Clerk as follows:

                          Because the amendments are incompatible with the scheme of the legislation.

                 Report adopted.

 

Electoral (Miscellaneous)

Amendment

Bill.

31.

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

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

 

Suspension and

Resumption of

Sitting.

 

32.

The Minister for Education and Children’s Services moved - That the Council, at its rising, do adjourn until Tuesday, 27 May 1997, at fifteen minutes past two o’clock.

                 Debate ensued.

                 Question put and passed.

 

Next Day

of Sitting.

33.

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

Message No. 92

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith entitled an Act to allow Netherby Kindergarten to remain on land owned by the University of Adelaide that is subject to the terms of the Peter Waite Trust for the establishment of a public park or garden; and for other related purposes, without any amendment.

House of Assembly, 20 March 1997.                                                              G. M. GUNN, Speaker.

 

Messages from

House of Assembly:

Netherby Kindergarten (Variation of

Waite Trust) Bill.

 

 

Message No. 93

                 MR. PRESIDENT - The House of Assembly has agreed to Amendments Nos. 2 to 13, 15 and 17 to 20 made by the Legislative Council in the Tobacco Products Regulation Bill, without any amendment; has agreed to Amendments Nos. 14 and 16 with the amendments indicated in the annexed schedule; and has disagreed to Amendment No. 1 and to the suggested amendments Nos. 1 to 5 as indicated in the annexed schedule.  The House of Assembly returns the Bill herewith and desires its reconsideration.

House of Assembly, 20 March 1997.                                                                      G. M. GUNN, Speaker.

 

Tobacco Products

Regulation Bill.

 

 

Schedule of the amendment made by the Legislative Council

to which the House of Assembly has disagreed.

No. 1.       Page 3, lines 6 and 7 (clause 4) - Leave out the definition of “Fund”.

 

Schedule of the amendment made by the House of Assembly

to Amendments Nos. 14 and 16 of the Legislative Council

Legislative Council’s amendment -

No. 14.     Page 25 (clause 47) - After line 9 insert new paragraphs as follow:-

(ab)  an area within licensed premises (whether being the whole or part of an enclosed public area) that -

 (i)       is a bar or lounge area; and

(ii)       is for the time being exempted by the Liquor Licensing Commissioner;

 (ac)   licensed premises consisting of or including only a single enclosed public area (not the subject of an exemption under paragraph (ab)) while meals are neither available nor being consumed in the area;”.

House of Assembly’s amendment thereto -

Leave out “Liquor Licensing Commissioner” and insert in lieu thereof “Minister for Health”.

 

 

Legislative Council’s amendment -

No. 16.     Page 25, lines 15 to 25 (clause 47) - Leave out paragraph (e) and subclauses (4) and (5) and insert the following:-

           “(4)  An exemption in respect of an area within licensed premises -

(a)     may be given on written application by the licensee in a manner and form approved by the Liquor Licensing Commissioner and accompanied by the prescribed fee;

(b)     may be subject to conditions fixed by the Liquor Licensing Commissioner, which may include conditions requiring -

  (i)      the display of signs;

 (ii)      the installation, operation and maintenance of ventilation and air conditioning equipment;

(iii)      the maintenance of a bar or lounge area as a distinct area separated by at least 1.5 metres from an area occupied by tables and chairs used for meals;

(c)     may be varied or revoked by the Liquor Licensing Commissioner on application by the licensee or on contravention of or non-compliance with a condition of the exemption.

           (5)  The provisions of Division 4 of Part 2 relating to reviews and appeals apply in relation to a decision of the Liquor Licensing Commissioner under subsection (4) in the same way as in relation to a decision of the Commissioner under Part 2 but with references to the Administrative and Disciplinary Division of the District Court to be read as references to the Licensing Court of South Australia.

           (5a)  The occupier of an enclosed public dining or cafe area -

(a)     must display signs in the area in accordance with the regulations; and

(b)     must not, if an exemption under subsection (4) relates to the area, contravene or fail to comply with a condition of the exemption.

Maximum penalty:            In the case of a natural person - $500

                                            In the case of a body corporate - $1 000.”

House of Assembly’s amendments thereto -

                 Leave out “Liquor Licensing Commissioner” wherever occurring and insert in lieu thereof “Minister for Health”.

                 Leave out “Commissioner” and insert in lieu thereof “Minister”.

 

 

 

Schedule of the suggested amendments made by the Legislative Council

to which the House of Assembly has disagreed.

 

No. 1.       Page 37, line 7 (clause 70) - After “Fund” insert “continued under Part 4”.

No. 2.       Page 37 (clause 70) - After line 8 insert new subclause as follows:-

                            “(2A)  Not less than such part of the amount collected under this Act by way of fees for tobacco merchants’ licences as is attributable to the fixing by section 7 of the prescribed percentage at a percentage greater than 100 per cent must be paid into the fund established under this Part for application in accordance with the provisions of this Part.”

No. 3.       Page 37, line 9 (clause 70) - Leave out “into the Fund for the purposes of subsection (2)” and insert “for the purposes of subsection (2) or (2A)”.

No. 4.       Page 37, line 12 (clause 70) - Leave out “(2)” and insert “(3)”.

No. 5.       Page 37 - After line 12 insert new clause as follows:-

                  “Fund for anti-smoking programs and research

                            70A.  (1)  A fund is established at the Treasury.

                            (2)  The fund consists of money paid into the fund under this Part.

                            (3)  The fund will be administered by the South Australian Health Commission.

                            (4)  The Commission may, in accordance with guidelines formulated by the Minister for Health and promulgated in the form of regulations, apply the fund in making grants for -

(a)      education and publicity programs designed to reduce the incidence of tobacco smoking, particularly in young people; and

(b)      research undertaken in the State into the prevention or treatment of smoking-related diseases.

                            (5)  The regulations must establish an independent body of expert persons to advise the Commission on the allocation of grants under subsection (4).

                            (6)  The Commission must, on or before 31 October in each year, provide an annual report to Parliament on the application of money from the fund during the preceding financial year.”

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 Amendment No. 1 be not insisted on.

                          Resolved - That the amendments to Amendments Nos. 14 and 16 be agreed to.

                          Resolved - That suggested Amendments Nos. 1 to 5 be not insisted on.

_____________________

 

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

 

 

 

Message No. 94

                 MR. PRESIDENT - The House of Assembly does not insist on its Amendments Nos. 1 and 3 in the Electoral (Miscellaneous) Amendment Bill to which the Legislative Council has disagreed; and has agreed to the alternative amendment made in lieu of Amendment No. 1 and to the consequential amendment made by the Legislative Council without amendment. The Bill is returned herewith.

House of Assembly, 20 March 1997.                                                                      G. M. GUNN, Speaker.

 

Electoral (Miscellaneous) Amendment

Bill.

34.

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

 

Postponement

of Business.

35.

Council adjourned at twenty nine minutes to four o’clock until Tuesday, 27 May 1997, at fifteen minutes past two o’clock.

 

Adjournment.

 

_________________________

 

 

 

 

 

Members present during any part of the sitting:

 

 

 

The Hon. T. Crothers

The Hon. L. H. Davis

The Hon. M. J. Elliott

The Hon. K. T. Griffin

The Hon. P. Holloway

The Hon. J. C. Irwin

The Hon. S. M. Kanck

 

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. J.A.W. Levy

The Hon. R. I. Lucas

The Hon. P. Nocella

The Hon. B.S.L. Pfitzner

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