[SOUTH AUSTRALIA]

No. 31

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY  21  JULY  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.

Answers to Questions on Notice Nos. 127, 131, 137, 138, 145, 157, 165, 166, 170, 171, 175, 181, 186, 187 and 202 to 204 received this day were tabled by the President who directed that they be distributed and printed in Hansard.

 

Answers to

Questions on

Notice.

 

   3.

The following Papers were laid upon the Table, viz.:

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

                 Regulation under the following Act -

                          Technical and Further Education Act 1975 - Revocation of Regulation 66.

                 Corporation By-laws -

                          Port Augusta -

                                   No.    1   -   Council Land.

                                   No.    2   -   Moveable Signs.

                                   No.    3   -   Flammable Undergrowth.

                                   No.    4   -   Waste Management.

                                   No.    5   -   Australian Arid Lands Botanic Garden.

                          Gawler -

                                   No.    3   -   Streets and Public Places - Amendment No. 1.

                                   No.    6   -   Dogs.

                                   No.    7   -   Poultry and Birds.

                 Motor Accident Commission Act 1992 - Motor Accident Commission - Charter.

                 Public Corporations Act 1993 -

                          Charter of ETSA Corporation.

                          Charter of SA Generation Corporation (Trading as Optima Energy).

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

                 Rules of Court - Supreme Court  - Supreme Court Act 1935 - Criminal - Obtaining Evidence Interstate.

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

                 Regulation under the following Act -

                          Road Traffic Act 1961 - School Zones.

 

Papers.

   4.

The Attorney-General, while making a Ministerial Statement, tabled a discussion paper titled “Intoxication and Criminal Responsibility”, dated July 1998, together with an attachment of a draft Bill.

 

Paper

Tabled.

   5.

The Minister for Transport and Urban Planing, while making a Ministerial Statement, tabled a report concerning Meryl Tankard and the Australian Dance Theatre Ltd. by The Hon. Justice
M. Nyland, dated 16 July 1998.

 

Paper

Tabled.

   6.

The Hon. C. A. Pickles, by leave, tabled a copy of a letter to Mr. Peter Hannon, Duncan and Hannon, Solicitors, from Scott Lumsden, Partner, Thomson Playford, dated 26 June 1998.

 

Paper

Tabled.

 

   7.

The Attorney-General, without notice, moved - That the Standing Orders be so far suspended as to enable Question Time to be extended to enable him to give a reply to a question asked by the Hon. C. Zollo.

                 Question put and passed, without a dissentient voice, there being present an absolute majority of the whole number of Members of the Council.

 

Suspension of Standing

Orders.

   8.

On the Order of the Day being read for the Report of the Select Committee on the Pastoral Land Management and Conservation (Board Procedures, Rent, etc.) Amendment Bill and Coverage of the Principal Act to be brought up:

                 Ordered - That the time for bringing up the Report be extended until Tuesday, 25 August 1998.

 

Select Committee

on the Pastoral

Land Management

and Conservation

(Board Procedures, Rent, etc.) Amendment Bill

and Coverage of

the Principal Act.

 

   9.

Ordered - That Order of the Day (Government Business) No. 2 be an Order of the Day for next day of sitting.

 

Postponement

of Business.

 

10.

On the Order of he Day being read for the adjourned debate on the question - That the Electoral (Abolition of Compulsory Voting) 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 sitting.

 

Electoral

(Abolition of Compulsory

Voting)

Amendment Bill.

 

11.

Ordered - That Orders of the Day (Government Business) No. 4 to No. 6 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

 

12.

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

 

Postponement

of Business.

 

13.

On the Order of the Day being read for the adjourned debate on the question - That the Stamp Duties (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. 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 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.

 

Stamp Duties (Miscellaneous)

Amendment

Bill.

  14.

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

                 Debate resumed.

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

 

Appropriation

Bill.

15.

Ordered - That Orders of the Day (Government Business) No. 9 to No. 12 be postponed and taken into consideration after Order of the Day (Government Business) No. 13.

 

Postponement

of Business.

 

16.

On the Order of the Day being read for the adjourned debate on the question - That the Barley Marketing (De-regulation of Stockfeed Barley) 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. 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 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 (De-regulation of Stockfeed Barley)

Amendment

Bill.

17.

Ordered - That Order of the Day (Government Business) No. 9 be postponed and taken into consideration on motion.

 

Postponement

of Business.

 

18.

Ordered - That Orders of the Day (Government Business) No. 10 and No. 11 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

 

19.

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

                 Debate resumed.

                 And the Hon. P. Holloway having obtained leave to conclude his remarks, the debate was adjourned until next day of sitting.

 

Police

Bill.

 

  20.

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

                 Debate resumed.

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

 

Gaming

Machines

(Gaming Tax)

Amendment

Bill.

 

  21.

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

Message No. 78

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Non-Metropolitan Railways (Transfer) Act 1997, without any amendment.

House of Assembly, 9 July 1998.                                                                           J.K.G. OSWALD, Speaker.

 

Message from

House of

Assembly:

Non-Metropolitan

Railways (Transfer)

(Building and

Development

Work) Amendment

Bill.

 

  22.

Council adjourned at three minutes past six 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