[SOUTH AUSTRALIA]

No. 42

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

THURSDAY  20  AUGUST  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.

The Treasurer (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.

   3.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 4 be postponed and taken into consideration after Order of the Day (Government Business) No. 5.

 

Postponement

of Business.

 

   4.

On the Order of the Day being read for the adjourned debate on the question - That the Electricity Corporations (Restructuring and Disposal) Bill be now read a second time:

                 Debate resumed.

Electricity Corporations (Restructuring

and Disposal) Bill.

 

                 The Treasurer, by leave, tabled a copy of a Report by Mr. T. A. Sheridan on an Assessment of Issues pertaining to the Sale of ETSA and Optima.

                 Question put.

            Council divided:

Paper Tabled.

 

Ayes, 11

The Hon. T. G. Cameron

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. K. T. Griffin

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. A. J. Redford

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. N. Xenophon

The Hon. R. I. Lucas (Teller)

  Noes, 10.

The Hon. T. Crothers

The Hon. M. J. Elliott

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. C. A. Pickles

The Hon. R. R. Roberts

The Hon. T. G. Roberts

The Hon. G. Weatherill

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

        So it was resolved in the affirmative.

                 Bill read a second time.

                 The Hon. N. Xenophon, pursuant to contingent notice, moved - That it be an Instruction to the Committee of the Whole on the Bill that it have power to provide for a Referendum.

                 Question put and passed.

                 Ordered - That the Committee stages be an Order of the Day for Tuesday, 22 September 1998.

 

 

   5.

At ten minutes to 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.

 

   6.

The Hon. A. J. Redford brought up the First Report of the Printing Committee 1997-98, and moved that it be adopted.

                 Question put and passed.

                 The following Papers were ordered to be printed:

Abortions Notified in South Australia, Committee Appointed to Examine and Report on - Report 1996.  (Paper No. 90).

Aboriginal Lands Trust - Report 1996-97.  (Paper No. 34A)

Animal and Plant Control Commission - Report 1997.  (Paper No. 119)

Botanic Gardens Adelaide, Board of - Report 1996-97.  (Paper No. 13)

Coast Protection Board - Report 1996-97.  (Paper No. 51)

Corporate Affairs Commission - Report 1996-97.  (Paper No. 14)

Education and Children’s Services, Department for - Report 1996-97.

    (Paper No. 44B)

Education, Training and Further Education, Department for - Report 1997. 

    (Paper No. 103)

Industrial Affairs, Department for - Report, 1996-97.  (Paper No. 46)

Medical and Veterinary Science, Institute of - Report 1996-97.  (Paper No. 125)

Multicultural and International Affairs,  Office of - Report 1996-97.  (Paper No. 29)

Racing Industry Development Authority - Report 1996-97.  (Paper No. 112)

Recreation and Sport, Department of - Report 1996-97.  (Paper No. 117)

South Eastern Water Conservation and Drainage Board - Report 1996-97.

    (Paper No. 6)

State Theatre Company of South Australia - Report 1996-97.  (Paper No. 96)

Teachers’ Registration Board of South Australia - Report 1997.  (Paper No. 89)

West Beach Trust - Report 1996-97.  (Paper No. 158)

 

Printing

Committee -

First Report,

1997-98.

   7.

The Treasurer tabled a copy of a Ministerial Statement made by the Minister for Local Government (The Hon. M. K. Brindal, M.P.) concerning European Wasp Control Strategy.

 

Paper

Tabled.

 

   8.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 4 and No. 6 to No. 20 be postponed and taken into consideration after Order of the Day (Government Business) No. 21.

 

Postponement

of Business.

 

   9.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of Message No. 105 from the House of Assembly relating to the Statutes Amendment (Motor Accidents) Bill.

 

In the Committee

 

                          Resolved - That the amendments be disagreed 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 Treasurer 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 Legislative Council finds the amendments unacceptable.

                 Ordered - That the Report be adopted.

 

Statutes

Amendment

(Motor

Accidents)

Bill.

10.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 4 and No. 6 be postponed and taken into consideration after Order of the Day (Government Business) No. 7.

 

Postponement

of Business.

11.

On the Order of the Day being read for the adjourned debate on the question - That the City of Adelaide 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 agreed to.

                          Clause No. 2 read.

                 The Hon. N. Xenophon moved on page 1, line 18, to leave out “Section 32” and insert “Sections 32 and 38(2), (3) and (4)”.

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

                          Clause No. 2 agreed to.

                          Clause No. 3 read.

                 The Hon. I. Gilfillan moved on page 1, lines 19 to 28, to leave out this clause and insert new clause as follows:

                          “Object

                                     3. The object of this Act is to revise and enhance local governance arrangements for the City of Adelaide.”

                 Question - That clause No. 3 stand as printed - put and passed.

                          Clause 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.

 

City of Adelaide

Bill.

 

  12.

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

Substituted Message No. 107

                 MR. PRESIDENT - The House of Assembly informs the Legislative Council that it concurs with the resolution of the Legislative Council contained in Message No. 83 for the appointment of a Joint Committee on Transport Safety and that the House of Assembly will be represented on the Committee by three Members, of whom two shall form the quorum necessary to be present at all sittings of the Committee.

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

                 Ordered - That the Message be taken into consideration forthwith.

Messages from

House of

Assembly:

Joint Committee

on Transport

Safety.

 

 

                 The Minister for Transport and Urban Planning moved - That the Members of this Council on the Joint Committee be the Hon. S. M. Kanck, the Hon. C. A. Pickles and the mover.

                 Question put and passed.

                 The Minister for Transport and Urban Planning moved - That this Council permits the Joint Committee to authorise the disclosure or publication, as it thinks fit, of any evidence or documents presented to the Joint Committee prior to such evidence being reported to the Council.

                 Question put and passed.

                 The Minister for Transport and Urban Planning moved - That the Members appointed to the Joint Committee have the power to act on the Committee during the recess.

                 Question put and passed.

 

Members

Appointed.

 

Message No. 109

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Legal Practitioners Act 1981, 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, 20 August 1998.                                                              J.K.G. OSWALD, Speaker.

 

Legal

Practitioners

(Miscellaneous) Amendment

Bill.

 

Schedule of the amendment made by the House of Assembly

Page 24, after line 21 - Insert new clause 52 as follows:-

Amendment of s.95 - Application of certain revenues

            52.    Section 95 of the principal Act is amended by inserting in subsection(1) “and the fees paid by interstate practitioners on giving notice of the establishment of an office in this State” after “fees”.’

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

                 Ordered - That the Message be taken into consideration on motion.

 

 

 

Message No. 110

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to provide for the fixing and recovery of aerodrome fees relating to aircraft activities, without any amendment.

House of Assembly, 20 August 1998.                                                               J.K.G. OSWALD, Speaker.

 

Aerodrome

Fees Bill.

 

Message No. 111

                 MR. PRESIDENT - The House of Assembly insists on its amendments in the Statutes Amendment (Motor Accidents) Bill to which the Legislative Council has disagreed.  The Bill is returned herewith.

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

                 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 disagreement to the amendments be insisted on.

_____________________

 

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

                 The Treasurer moved - That a Message be sent to the House of Assembly requesting a Conference be granted to the Council respecting certain amendments in the Statutes Amendment (Motor Accidents) Bill and that the House of Assembly be informed that in the event of a Conference being agreed to, the Council will be represented at such Conference by five Managers and that the Hon. M. J. Elliott, the Hon. P. Holloway, the Hon. A. J. Redford, the Hon. N. Xenophon and the Mover be the Managers on the part of the Legislative Council.

                 Question put and passed.

 

Statutes Amendments

(Motor Accidents)

Bill.

  13.

The Council, according to order, resolved itself into a Committee of the whole for the further consideration of the City of Adelaide Bill.

 

In the Committee

 

                  Clause No. 4 further considered, amended and agreed to.

                  Clause No. 5 agreed to.

                  Clause No. 6 struck out.

                  New clause No. 6 inserted.

                  Clauses No. 7 to No. 13 agreed to.

                  Clause No. 14 amended and agreed to.

                  Clauses No. 15 to No. 19 agreed to.

                  Clause No. 20 read.

         The Hon. I. Gilfillan moved on page 9, lines 15 and 16, to leave out subclause (6) and insert new subclause as follows:

                                     “(6)  Subsections (1) and (2) operate subject to any change to the composition or representative structure of the Council effected under Part 2 of the Local Government Act 1934 after the relevant day.”

         The Hon. T. G. Roberts moved on page 9, lines 15 and 16, to leave out subclause (6) and insert new subclause as follows:

                                   “(6) The following provisions apply in relation to the application of Part 2 of the Local Government Act 1934 to the Council:

City of

Adelaide Bill.

 

(a)    subsections (1) and (2) operate subject to any change to the composition or representative structure of the Council effected under Part 2 of the Local Government Act 1934 after the seventh anniversary of the relevant day (and until that anniversary no such change can be made by proclamation under that Act); and

(b)    sections 23 and 24 of the Local Government Act 1934 do not apply in relation to the Council from the commencement of this section until the seventh anniversary of the relevant day; and

(c)    the Council must conduct a review under section 24 of the Local Government Act 1934 as soon as practicable after the seventh anniversary of the relevant day.”

         Question - That subclause (6), as proposed to be struck out by the Hon. I. Gilfillan and the Hon. T. G. Roberts, stand as printed - put and negatived.

         Question - That new subclause (6), as proposed to be inserted by the Hon. I. Gilfillan, be so inserted - put and negatived.

         Question - That new subclause (6), as proposed to be inserted by the Hon. T. G. Roberts, be so inserted - put and passed.

                  Clause No. 20, as amended and otherwise amended, agreed to.

                  Clause No. 21 struck out.

                  Clauses No. 22 to No. 31 agreed to.

                  Clause No. 32 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.

 

 

  14.

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

Message No. 112

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Road Traffic Act 1961, without any amendment.

House of Assembly, 20 August 1998.                                                              J.K.G. OSWALD, Speaker.

 

Messages from

House of

Assembly:

Road Traffic (Miscellaneous) Amendment

Bill.

 

Message No. 113

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Motor Vehicles Act 1959, without any amendment.

House of Assembly, 20 August 1998.                                                             J.K.G. OSWALD, Speaker.

 

Motor Vehicles (Cheque and

Debit or Credit

Card Payments) Amendment Bill.

 

Message No. 114

                 MR. PRESIDENT - The House of Assembly has, in reply to Message No. 105 from the Legislative Council, agreed to grant a Conference on the Statutes Amendment (Motor Accidents) Bill.  The House of Assembly has named the hour of 11.00 a.m. tomorrow to receive the Managers on behalf of the Legislative Council at the Plaza Room.

House of Assembly, 20 August 1998.                                                              J.K.G. OSWALD, Speaker.

          Ordered - That a Message be sent to the House of Assembly agreeing to the time and place appointed by that House for holding the Conference.

 

Statutes

Amendment

(Motor

Accidents) Bill.

  15.

The Council, according to order, resolved itself into a Committee of the whole for the further consideration of the City of Adelaide Bill.

 

In the Committee

 

                  Clause No. 32 further considered, amended and agreed to.

                  Clause No. 33 agreed to.

                  Clause No. 34 amended and agreed to.

                  Clause No. 35 agreed to.

                  Clause No. 36 struck out.

                  New clause No. 36 inserted.

                  New clause No. 36A inserted.

                  New clause No. 36B inserted.

City of

Adelaide Bill.

 

                  Clause No. 37 agreed to.

                  Clause No. 38 read.

         The Hon. N. Xenophon moved on page 18, after line 11, to insert new subclauses as follows:

                                     “(2)  Any resolution of Adelaide City Council in force under section 359 of the Local Government Act 1934 immediately before the commencement of this section that relates to Barton Road, North Adelaide expires (unless it has been revoked or has already expired) six months after the commencement of this subsection.

                                     (3) The Adelaide City Council must, on the expiry or revocation of a resolution referred to in subsection (2), take reasonable steps to re-establish Barton Road, North Adelaide, as a road that is suitable for the two-way movement of public and private vehicular traffic between Hawker Street, Bowden, and Barton Terrace or Mills Terrace, North Adelaide.

                                     (4)  However—

(a)    subsections (2) and (3) do not apply if the City of Charles Sturt gives to the Adelaide City Council before the expiration of the six month period referred to in subsection (2) its concurrence in writing to the continued closure of Barton Road, North Adelaide to the two-way movement of public and private vehicular traffic between Hawker Street, Bowden, and Barton Terrace or Mills Terrace, North Adelaide; and

(b)    subsection (3) does not prevent the subsequent closure of Barton Road, North Adelaide, pursuant to section 359 of the Local Government Act 1934 and section 32 of this Act, or under another Act or law.”

         Question - That the amendment be agreed to - put.

           Committee divided:

 

 

Ayes, 8.

The Hon. T. G. Cameron

The Hon. P. Holloway

The Hon. C. A. Pickles

The Hon. R. R. Roberts

The Hon. T. G. Roberts

The Hon. G. Weatherill

The Hon. C. Zollo

The Hon. N. Xenophon (Teller)

 

Noes, 11.

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. S. M. Kanck

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. R. I. Lucas (Teller)

 

 

        So it passed in the negative.

                          Clause No. 38 as otherwise amended, agreed to.

                  Schedule amended and agreed to.

                  New Schedule No. 2 inserted.

                  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; 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.

 

 

16.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 4, No. 6, No. 8 and No. 9 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 Tobacco Products Regulation (Dissolution of Sports, Promotion, Cultural and Health Advancement Trust) Amendment Bill be now read a second time:

                 Debate resumed.

                 And the Hon. M. J. Elliott having obtained leave to conclude his remarks, the debate was adjourned and ordered to be resumed on motion.

 

Tobacco Products Regulation

(Dissolution of

Sports, Promotion,

Cultural and Health

Advancement Trust)

Amendment Bill.

 

18.

The Treasurer, without notice, moved - That the Standing Orders be so far suspended as to enable the sitting of the Council to be extended beyond 6.30 p.m. to enable Business of the Day to be concluded.

                 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.

19.

Ordered - That the adjourned debate on the question - That the Tobacco Products Regulation (Dissolution of Sports, Promotion, Cultural and Health Advancement Trust) 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. 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.

 

Tobacco Products Regulation

(Dissolution of

Sports, Promotion,

Cultural and Health

Advancement Trust)

Amendment Bill.

 

20.

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

 

Postponement

of Business.

21.

Ordered - That consideration of Message No. 109 from the House of Assembly concerning the Legal Practitioners (Miscellaneous) Amendment Bill, adjourned on motion, be an Order of the Day for next day of sitting.

 

Postponement

of Business.

22.

Council adjourned at twelve minutes to seven 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. 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