SOUTH AUSTRALIA]

No. 20

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

MONDAY  22  NOVEMBER  2004

 

 

 

   1.

Council met pursuant to adjournment.  The President (The Hon. R. R. Roberts) took the Chair.

                 The President read prayers.

 

Meeting of
Council.

 

   2.

The Minister for Industry and Trade (The Hon. P. Holloway), by leave, moved - That the Legislative Council expresses its deep regret at the death of former Senator Janine Haines, former Federal Leader of the Australian Democrats, and places on record its appreciation of her distinguished public service and that, as a mark of respect to her memory, the sitting of the Council be suspended until the ringing of the bells.

                 And being supported by the Hon. R. D. Lawson, the Hon. S. M. Kanck, the Hon. I. Gilfillan, the Hon. C. Zollo, the Hon. A. L. Evans and the Hon. K. J. Reynolds:

                 Motion carried in silence, Members standing in their places.

 

Death of
Former Senator
Janine Haines.

 

   3.

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

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

 

Suspension and
Resumption of
Sitting.

 

   4.

Answers to Questions on Notice Nos. 118, 271 and 272 received this day were tabled by the President who directed that they be distributed and printed in Hansard.

 

Answers to
Questions on
Notice.

 

    5.

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

        By the President -

                 Reports, 2003-2004 -

                          Corporation of the City of Whyalla.

                          District Council of Tumby Bay.

                          Regional Council of Goyder.

        By the Minister for Aboriginal Affairs and Reconciliation (The Hon. T. G. Roberts) -

                 Board of the Botanic Gardens and State Herbarium - Report, 2003-2004.

 

Papers.

 

   6.

The Minister for Industry and Trade tabled a copy of a Ministerial Statement made by the Minister for the River Murray (The Hon. K. A. Maywald, M.P.) concerning Nowingi Waste Management Facility.

 

Ministerial
Statement Tabled.

 

   7.

The Minister for Industry and Trade tabled a copy of a Ministerial Statement made by the Minister for Transport (The Hon. P. L. White, M.P.) concerning a Derailment of a Freight Train operated by Pacific National in the Vicinity of the Glenalta Level Crossing.

 

Ministerial
Statement Tabled.

 

   8.

The Minister for Aboriginal Affairs and Reconciliation tabled a copy of a Ministerial Statement made by the Minister for Administrative Services (The Hon. M. J. Wright, M.P.) concerning SA Water and Home Service Direct Pty. Ltd.

 

Ministerial
Statement Tabled.

 

   9.

The Hon. I. Gilfillan, by leave, while asking a question of the Minister for Aboriginal Affairs and Reconciliation, tabled a document containing certain photographs of GM Crop Sites in South Australia.

 

Document Tabled.

 

10.

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.

 

11.

Ordered - That Order of the Day (Government Business) No. 3 be postponed and taken into consideration after Order of the Day (Government Business) No. 6.

 

Postponement
of Business.

 

12.

On the Order of the Day being read for the adjourned debate on the question - That the First Home Owner Grant (Miscellaneous) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. R. K. Sneath, the debate was adjourned until next day of sitting.

 

First Home
Owner Grant
(Miscellaneous)
Amendment Bill.

 

13.

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

 

Postponement
of Business.

 

14.

On the Order of the Day being read for the adjourned debate on the question - That the Gaming Machines (Miscellaneous) Amendment Bill be now read a second time:

                 Debate resumed.

                 Question put and passed.

                 Bill read a second time.

Gaming Machines (Miscellaneous)
Amendment Bill.

 

 

 

                 The Hon. N. Xenophon, pursuant to contingent notice, moved - That it be an Instruction to the Committee of the Whole Council on the Bill that it have power to consider new clauses in relation to the Casino Act 1997 and the Lottery and Gaming Act 1936.

                 Debate ensued.

                 Question put and passed.

Instruction.

 

 

 

                 The Hon. N. Xenophon, pursuant to contingent notice, moved - That it be an Instruction to the Committee of the Whole Council on the Bill that it have power to consider new clauses in relation to the holding of a referendum on Gaming Machines.

                 Question put and passed.

Instruction.

 

 

 

                 The Hon. R. D. Lawson, pursuant to contingent notice, moved - That it be an Instruction to the Committee of the Whole Council on the Bill that it have power to consider amendments relating to the amount of money to be paid into the fund, new beneficiaries of payments from the fund and a requirement for the Auditor-General to report on other payments to the new beneficiaries.

                 Question put and passed.

Instruction.

 

 

 

                 The Hon. S. M. Kanck, pursuant to contingent notice, moved - That it be an Instruction to the Committee of the Whole Council on the Bill that it have power to consider a new clause in relation to the Casino Act 1997.

                 Question put and passed.

Instruction.

 

 

 

                 The Hon. A. J. Redford, pursuant to contingent notice, moved - That it be an Instruction to the Committee of the Whole Council on the Bill that it have power to consider a new clause in relation to the Independent Gambling Authority Act 1995.

                 Question put and passed.

                 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

 

                          Clause No. 1 agreed to.

                          Clause No. 2 read.

                 The Hon. A. J. Redford moved on page 3, line 7, to leave out “Part 2 and”.

                 Question - That the amendment be agreed to - put.

Instruction.

 

 

 

             Committee divided:

Ayes, 7

The Hon. T. G. Cameron

The Hon. J.S.L. Dawkins

The Hon. R. I. Lucas

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. T. J. Stephens

The Hon. A. J. Redford (Teller)

 

 

 

 

 

      So it passed in the negative.

 

Noes, 12

The Hon. A. L. Evans

The Hon. J. M. Gazzola

The Hon. I. Gilfillan

The Hon. P. Holloway

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. K. J. Reynolds

The Hon. R. K. Sneath

The Hon. J. F. Stefani

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. T. G. Roberts (Teller)

 

 

 

                          Clause No. 2 agreed to.

                          Clause No. 3 agreed to.

                 The Hon. N. Xenophon moved on page 4, after line 6, to insert new clauses as follow:

                          “Part 1A—Amendments relating to removal of gaming machines in 5 years

                          Division 1—Amendment of Gaming Machines Act 1992

                          3A—Insertion of section 88

                                   After section 87 insert:

                                   88—Expiry of Act

                                          On the fifth anniversary of the commencement of this section, the Gaming Machines Act 1992 expires.

                          Division 2—Amendment of Lottery and Gaming Act 1936

                          3B—Insertion of section 50B

                                   After section 50A insert:

                                   50B—Gaming machines

(1)      A person must not—

(a)       have possession of a gaming machine on any premises; or

(b)       manufacture, sell or supply a gaming machine; or

(c)       install, service or repair a gaming machine.

Maximum penalty: $35 000 or imprisonment for 2 years.

(2)      For the purposes of this Act, the playing of a gaming machine will be taken to constitute the playing of an unlawful game.

(3)      In this section—

       gaming machine means a device—

(a)       that is designed or has been adapted for the purpose of gambling by playing a game of chance or a game combined of chance and skill; and

(b)       that is capable of being operated by the insertion of a coin or other token (whether in that device or another device to which it is linked) or by the electronic transfer of credits accrued on some other gaming machine.

(4)      This section comes into operation on the expiry of the Gaming Machines Act 1992.

                          Division 3—Amendment of Casino Act 1997

                          3C—Insertion of section 37AB

                                   After section 37A insert:

                                   37AB—Removal of gaming machines from casino on expiry of Gaming Machines Act

(1)     Despite any other provision of this Act, it is a condition of the casino licence that the licensee will not, after the expiry of the Gaming Machines Act 1992, provide a gaming machine for use on the premises of the casino.

(2)     In this section—

       gaming machine means a device—

(a)     that is designed or has been adapted for the purpose of gambling by playing a game of chance or a game combined of chance and skill; and

(b)     that is capable of being operated by the insertion of a coin or other token (whether in that device or another device to which it is linked) or by the electronic transfer of credits accrued on some other gaming machine.”.

                 Question - That new clauses No. 3A, as proposed to be inserted by the Hon. N. Xenophon, be so inserted - put.

 

 

 

             Committee divided:

Ayes, 4

The Hon. T. G. Cameron

The Hon. A. L. Evans

The Hon. I. Gilfillan

The Hon. N. Xenophon (Teller)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

      So it passed in the negative.

 

Noes, 16

The Hon. J.S.L. Dawkins

The Hon. J. M. Gazzola

The Hon. P. Holloway

The Hon. S. M. Kanck

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. K. J. Reynolds

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. R. K. Sneath

The Hon. J. F. Stefani

The Hon. T. J. Stephens

The Hon. C. Zollo

The Hon. T. G. Roberts (Teller)

 

 

 

                 Question - That new clause No. 3B, as proposed to be inserted by the Hon. N. Xenophon, be so inserted - put and negatived.

                 Question - That new clause No. 3C, as proposed to be inserted by the Hon. N. Xenophon, be so inserted - put and negatived.

                          Clause No. 4 agreed to.

                          Clause No. 5 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.

 

 

 

15.

At one minute past 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.

 

16.

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

 

In the Committee

 

                          Clause No. 5 further considered and agreed to.

                 The Hon. R. I. Lucas moved on page 4, after line 23, to insert new clause as follows:

                          “5A—Insertion of Division 4

                                   After section 11 insert:

                                   Division 4—Sustainability of gaming machine industry

                                   11A—Sustainability of responsible gaming machine industry to be protected

The Authority and the Commissioner, in performing functions and exercising powers under this Act or any other Act, must act consistently with the object of maintaining a sustainable and responsible gambling industry (including a sustainable and responsible gaming machine industry) in this State.”.

                 Question - That new clause No. 5A, as proposed to be inserted by the Hon. R. I. Lucas, be so inserted - put.

Gaming Machines
(Miscellaneous)
Amendment Bill.

 

 

             Committee divided:

Ayes, 7

The Hon. J.M.A. Lensink

The Hon. A. J. Redford

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. T. J. Stephens

The Hon. R. I. Lucas (Teller)

 

      So it passed in the negative.

 

Noes, 8

The Hon. A. L. Evans

The Hon. I. Gilfillan

The Hon. P. Holloway

The Hon. K. J. Reynolds

The Hon. R. K. Sneath

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. T. G. Roberts (Teller)

 

 

 

                          Clause No. 6 agreed to.

                          Clause No. 7 read.

                 The Hon. N. Xenophon moved on page 5, line 2, after “delete the section” to insert the following:

                          “14A—Term of gaming machine licence

(1)      A gaming machine licence is granted for a term of 5 years but the term may be renewed from time to time in accordance with this Act.

(2)      However, if a gaming machine licence was granted before the commencement of this section its first renewal will fall due on a date (which must fall at least 4 years but not more than 9 years after the commencement of this section) allocated to the licence by the Commissioner on the basis of a system of random allocation determined by the Commissioner.”.

                 Question - That the amendment be agreed to - put.

 

 

 

             Committee divided:

Ayes, 3

The Hon. A. L. Evans

The Hon. C. Zollo

The Hon. N. Xenophon (Teller)

 

 

 

 

 

 

 

 

 

 

      So it passed in the negative.

 

Noes, 13

The Hon. J.S.L. Dawkins

The Hon. S. M. Kanck

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. D. W. Ridgway

The Hon. T. G. Roberts

The Hon. C. V. Schaefer

The Hon. R. K. Sneath

The Hon. J. F. Stefani

The Hon. T. J. Stephens

The Hon. P. Holloway (Teller)

 

 

 

                          Clause No. 7 agreed to.

                          Clause No. 8 read.

                 The Hon. N. Xenophon moved on page 5, after line 7, to insert new subclause as follows:

“(1a)    Section 15(4)—after paragraph (g) insert:

(h)     that a ballot of persons residing within 2 kilometres of the premises has been conducted in accordance with requirements determined by the Commissioner and that the majority of persons responding to the ballot favoured the granting of the application.”.

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

                 The Hon. N. Xenophon moved on page 5, lines 9 to 20, to leave out subclause (5) and insert new subclause as follows:

                                       “(5) The Commissioner—

(a)      must not grant an application for a gaming machine licence unless satisfied that the conduct of the licensed business is not likely to have an adverse social or economic impact on the local community and, in particular, is not likely to be a contributing factor to the incidence of problem gambling in the local community; and

(b)      in determining that question, must take into consideration any guidelines issued by the Authority.

 

 

 

 

(6)     In determining an application for a gaming machine licence, the Commissioner must not have regard to the economic effect that the granting of the licence might have on the business of other licensed premises in the relevant locality (except insofar as that economic effect may be relevant to an assessment of the likely social and economic effect of the grant of the licence on the local community)”.

                 The Hon. R. I. Lucas moved on page 5, lines 9 to 20, to leave out all words in these lines and insert the following:

“(5)  In determining an application for a gaming machine licence, the Commissioner must—

(a)      have regard to the extent of problem gambling within the local community; and

(b)      take into consideration any guidelines issued by the Authority about how that factor should affect the determination.”.

                 Question - That the amendment moved by the Hon. N. Xenophon be agreed to - put and negatived.

                 Question - That the amendment moved by the Hon. R. I. Lucas be agreed to - put.

 

 

 

             Committee divided:

Ayes, 7

The Hon. J.S.L. Dawkins

The Hon. J.M.A. Lensink

The Hon. A. J. Redford

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. T. J. Stephens

The Hon. R. I. Lucas (Teller)

 

 

 

 

      So it passed in the negative.

 

Noes, 11

The Hon. A. L. Evans

The Hon. J. M. Gazzola

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. K. J. Reynolds

The Hon. T. G. Roberts

The Hon. R. K. Sneath

The Hon. J. F. Stefani

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

 

                          Clause No. 8 agreed to.

                          Clause No. 9 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.

 

 

17.

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

                 At twelve minutes to eleven o’clock the sitting was resumed.

 

Suspension and
Resumption of
Sitting.

18.

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

 

In the Committee

 

                          Clause No. 9 further considered.

                 The Hon. A. J. Redford moved on page 5, line 32, to leave out “40” and insert “32”.

                 Question - That the amendment be agreed to - put.

Gaming Machines
(Miscellaneous)
Amendment Bill.

 

             Committee divided:

Ayes, 7

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. K. J. Reynolds

The Hon. N. Xenophon

The Hon. A. J. Redford (Teller)

 

 

 

 

      So it passed in the negative.

 

Noes, 11

The Hon. J. M. Gazzola

The Hon. P. Holloway

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. R. K. Sneath

The Hon. J. F. Stefani

The Hon. T. J. Stephens

The Hon. C. Zollo

The Hon. T. G. Roberts (Teller)

 

 

 

                          Clause No. 9 agreed to.

                          Clause No. 10 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 next day of sitting.

 

 

 

  19.

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

 

Postponement
of Business.

 

20.

Council adjourned at twenty-three minutes to twelve 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. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. J. M. Gazzola

The Hon. I. Gilfillan

The Hon. P. Holloway

The Hon. S. M. Kanck

 

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. K. J. Reynolds

The Hon. D. W. Ridgway

The Hon. T. G. Roberts

The Hon. C. V. Schaefer

The Hon. R. K. Sneath

The Hon. J. F. Stefani

The Hon. T. J. Stephens

The Hon. C. Zollo

The Hon. N. Xenophon