[SOUTH AUSTRALIA]

No. 50

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  23  JULY  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 following Papers were laid upon the Table, viz.:

        By the Minister for Education and Children’s Services (The Hon. R. I. Lucas) -

                 Reports -

                          Architects Board of South Australia, 1995.

                          Architects Board of South Australia, 1996.

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

                 Office of Road Safety - Random Breath Testing in SA - Operation and Effectiveness 1996.

 

Papers.

 

   3.

The Hon. R. D. Lawson brought up the Twenty-First Report, 1996-97 of the Legislative Review Committee.

 

Legislative Review

Committee - Twenty-First

Report, 1996-97.

 

 

   4.

The Hon. R. D. Lawson brought up the Report and Minutes of Evidence taken by the Legislative Review Committee on the Principal Regulations under the Expiation of Offences Act 1996 and the Common Expiation Scheme Regulations (Variation) 1996 under various Acts.

 

Legislative Review

Committee -

Report and Evidence on Expiation of Offences Act - Principal Regulations and

Various Acts -Common Expiation Scheme Regulations (Variation) 1996.

 

 

   5.

The Hon. C. V. Schaefer brought up the Report of the Environment, Resources and Development Committee on Waste Management Practices in South Australia.

 

Environment, Resources and Development Committee -

Report on Waste Management Practices in

South Australia.

 

 

   6.

The Hon. L. H. Davis brought up the Report of the Statutory Authorities Review Committee on an Inquiry into Timeliness of Annual Reporting by Statutory Authorities.

                 Ordered - That the Report be printed.  (Paper No. 222)

 

Statutory Authorities

Review Committee -

Report on an Inquiry into Timeliness of Annual Reporting

by Statutory Authorities.

 

 

   7.

The Attorney-General tabled a copy of a Ministerial Statement made by the Treasurer (The Hon. S. J. Baker, M.P.) concerning the South Australian Asset Management Corporation.

 

Paper Tabled.

 

   8.

In accordance with Sessional Standing Order, the President called on Members to make Statements on Matters of Interest.

 

Statements

on Matters

of Interest.

 

 

   9.

The Hon. R. D. Lawson, pursuant to notice, moved - That the Report of the Legislative Review Committee on the Principal Regulations under the Expiation of Offences Act 1996 and the Common Expiation Scheme Regulations (Variation) 1996 under various Acts be noted.

                 Debate ensued.

                 Question put and passed.

Legislative Review

Committee -

Report and Evidence on Expiation of Offences Act - Principal Regulations - Various Acts -Common Expiation Scheme Regulations (Variation) 1996

to be noted -

Motion re.

 

 

10.

The Hon. L. H. Davis, pursuant to notice, moved - That the Report of the Statutory Authorities Review Committee on an Inquiry into Timeliness of Annual Reporting by Statutory Authorities be noted.

                 Debate ensued.

                 And the Hon. R. D. Lawson having obtained leave to conclude his remarks, the debate was adjourned and ordered to be resumed on motion.

                

 

Statutory Authorities

Review Committee -

Report on an Inquiry into Timeliness of Annual Reporting by Statutory Authorities to be noted -

Motion re.

 

11.

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

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

 

Suspension and

Resumption of

Sitting.

 

 

12.

Ordered - That the adjourned debate on the motion of the Hon. L. H. Davis - That the Report of the Statutory Authorities Review Committee on an Inquiry into Timeliness of Annual Reporting by Statutory Authorities be noted - be now resumed.

                 Debate resumed.

                 Question put and passed.

 

Statutory Authorities

Review Committee -

Report on an Inquiry into Timeliness of Annual Reporting

by Statutory Authorities to be noted -

Motion re.

 

 

13.

The Hon. R. R. Roberts, pursuant to notice, moved - That this Council directs the Attorney-General to table in the Legislative Council on Thursday, 24 July 1997, a copy of the full Report prepared by Mr. Tim Anderson, Q.C., into the conflict of interest allegations against the former Finance Minister, Mr. Dale Baker, M.P.

                Debate ensued.

                Question put.

      Council divided:

Report into

Conflict of Interest

Allegations

against former Minister to

be Tabled -

Motion re.

 

 

Ayes, 11

The Hon. T. G. Cameron

The Hon. T. Crothers

The Hon. M. J. Elliott

The Hon. P. Holloway

The Hon. S. M. Kanck

The Hon. J.A.W. Levy

The Hon. P. Nocella

The Hon. C. A. Pickles

The Hon. T. G. Roberts

The Hon. G. Weatherill

The Hon. R. R. Roberts (Teller)

Noes, 10.

The Hon. L. H. Davis

The Hon. K. T. Griffin

The Hon. J. C. Irwin

The Hon. R. D. Lawson

The Hon. D. V. Laidlaw

The Hon. B.S.L. Pfitzner

The Hon. A. J. Redford

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. R. I. Lucas (Teller)

 

 

 

 

So it was resolved in the affirmative.

 

 

 

14.

The Hon. M. J. Elliott, pursuant to notice, moved - That the Legislative Council expresses its concern at the Government’s failure to pay due regard to circumstances that give rise to conflict of interest situations.

                 Debate ensued.

                 On motion of the Hon. J. C. Irwin, the debate was adjourned until next day of sitting.

                

 

Conflict of Interest

Situations -

Motion re.

 

15.

On the Order of the Day being read for the Report of the Select Committee on the Proposed Privatisation of Modbury Hospital to be brought up:

                 Ordered - That the Select Committee have leave to sit during the recess and report on the first day of next session.

 

Select Committee

on the Proposed Privatisation

of Modbury

Hospital.

 

 

16.

On the Order of the Day being read for the Report of the Select Committee on Outsourcing Functions undertaken by E&WS Department to be brought up:

                 Ordered - That the Select Committee have leave to sit during the recess and report on the first day of next session.

 

Select Committee

on Outsourcing Functions

undertaken by E&WS Department.

 

 

17.

On the Order of the Day being read for the Report of the Select Committee on the Tendering Process and Contractual Arrangements for the Operation of the New Mount Gambier Prison to be brought up:

                 Ordered - That the Select Committee have leave to sit during the recess and report on the first day of next session.

 

Select Committee

on the Tendering Process and Contractual Arrangements

for the Operation of the New Mount Gambier Prison.

 

 

18.

On the Order of the Day being read for the Report of the Select Committee on Contracting Out of State Government Information Technology to be brought up:

                 Ordered - That the Select Committee have leave to sit during the recess and report on the first day of next session.

 

Select Committee

on the Contracting Out of State Government Information Technology.

 

 

19.

On the Order of the Day being read for the Report of the Select Committee on Pre-School, Primary and Secondary Education in South Australia to be brought up:

                 Ordered - That the Select Committee have leave to sit during the recess and report on the first day of next session.

 

Select Committee

on Pre-School, Primary and Secondary Education

in South Australia.

 

 

20.

On the Order of the Day being read for the Report of the Select Committee on a Potential Conflict of Interest by Minister concerning “Gouldana” to be brought up:

                 Ordered - That the Select Committee have leave to sit during the recess and report on the first day of next session.

 

Select Committee

on a Potential Conflict of Interest by Minister concerning “Gouldana”.

 

 

21.

Ordered - separately- That Orders of the Day (Private Business) No. 7 and No. 8 be Orders of the Day for Wednesday next.

 

Postponement

of Business.

 

22.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. R. R. Roberts - That the Regulations under the Industrial and Employee Relations Act 1994 concerning Unfair Dismissals, made on 29 May 1997 and laid on the Table of the Council on 3 June 1997, be disallowed:

                 Debate resumed.

                 Question put and passed.

 

Industrial and Employee Relations Act - Regulations -

Unfair Dismissals -

Motion for Disallowance of.

 

23.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. C. V. Schaefer - That the Final Report of the Joint Committee on Living Resources be noted:

 

_____________________

 

And it being twelve of the clock:

THURSDAY 24 JULY 1997

_____________________

 

                 Question put and passed.

 

Joint Committee on Living Resources - Final Report

to be noted -

Motion re.

 

24.

Ordered - separately- That Orders of the Day (Private Business) No. 11 and No.12 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

 

25.

Ordered - That Order of the Day (Private Business) No. 13 be discharged.

 

Business Discharged.

 

 

26.

Ordered - That Order of the Day (Private Business) No. 14 be discharged.

 

Business Discharged.

 

 

27.

Ordered - That Order of the Day (Private Business) No. 15 be discharged.

 

Business Discharged.

 

 

28.

Ordered - That Order of the Day (Private Business) No. 16 be an Order of the Day for Wednesday next.

 

Postponement

of Business.

 

 

29.

Ordered - separately- That Orders of the Day (Private Business) No. 17 to No. 22 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

 

30.

Ordered - separately - That Orders of the Day (Private Business) No. 23 and No. 24 be Orders of the Day for Wednesday next.

 

Postponement

of Business.

 

31.

Ordered - That Order of the Day (Private Business) No. 25 be an Order of the Day for next day of sitting.

 

Postponement

of Business.

 

32.

Ordered - separately - That Orders of the Day (Private Business) No. 26 and No. 27 be Orders of the Day for Wednesday next.

 

Postponement

of Business.

 

33.

Ordered - That Order of the Day (Private Business) No. 28 be discharged.

 

Business Discharged.

 

 

34.

Ordered - That Order of the Day (Private Business) No. 29 be an Order of the Day for Wednesday next.

 

Postponement

of Business.

 

35.

Ordered - That Order of the Day (Private Business) No. 30 be an Order of the Day for next day of sitting.

 

Postponement

of Business.

 

36.

The Attorney-General, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Building Work Contractors Act 1995, the Business Names Act 1996, the Consumer Transactions (Miscellaneous) Amendment Act 1995, the Conveyancers Act 1994, the Land Agents Act 1994, the Land Valuers Act 1994, the Plumbers, Gas Fitters and Electricians Act 1995, the Residential Tenancies Act 1995, the Retirement Villages Act 1987, the Second-hand Vehicle Dealers Act 1995, the Security and Investigation Agents Act 1995, the Statutes Repeal and Amendment (Commercial Tribunal) Act 1995 and the Travel Agents Act 1986.

                 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. C. A. Pickles, the debate was adjourned until next day of sitting.

 

Statutes

Amendment (Consumer

Affairs) Bill.

 

37.

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

Message No. 132

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled 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, the Statutes Amendment and Repeal (Common Expiation Scheme) Act 1996 and the Summary Offences Act 1953, without any amendment.

House of Assembly, 22 July 1997.                                                                           G. M. GUNN, Speaker.

 

Messages from

House of Assembly:

Statutes Amendment (Attorney-General’s

Portfolio) Bill.

 

 

 

Message No. 133

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Juries Act 1927, without any amendment.

House of Assembly, 22 July 1997.                                                                           G. M. GUNN, Speaker.

 

Juries (Miscellaneous) Amendment Bill.

 

 

 

Message No. 134

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Partnership Act 1891 and to make consequential amendments to the Business Names Act 1996, with the amendments indicated by the annexed Schedule, to which amendments the House of Assembly desires the concurrence of the Legislative Council.

House of Assembly, 22 July 1997.                                                                         G. M. GUNN, Speaker.

Schedule of the amendments of the House of Assembly

No. 1.       Clause 9, page 5, lines 20 to 30 - Leave out subclauses (1), (2) and (3) and substitute -

Partnership

(Limited Partnerships) Amendment Bill.

 

 

 

           55. (1) If any change occurs such that particulars contained in the Register in relation to a limited partnership are no longer accurate or complete, the partnership must, within 28 days of the change, give the Commission notice of the change in accordance with this section.

           (2) If a partnership fails to comply with subsection (1) each of the partners required to sign the notice in accordance with subsection (3) is guilty of an offence.

Maximum penalty:         $1 250.

Expiation Fee:                 $160.

           (3)  A notice under this section must -

(a)    be in writing in the form approved by the Commission; and

(b)    contain such particulars as are necessary to correct or supply the deficiency in the Register; and

(c)     be signed -

         (i)   by all the general partners or, if the regulations so provide, by such of the general partners as may be prescribed; and

        (ii)   if the change relates to the admission of a limited partner or a change in the liability of a limited partner to contribute - by the limited partner.”

No. 2.       Clause 9, page 6, lines 1 to 4 - Leave out subclause (5).

No. 3.      Clause 9, page 7, lines 14 and 16 - Leave out “no longer extends to any debt or obligation of the limited partnership that arose before the partner became a general partner” and substitute “does not extend to any debt or obligation of the limited partnership arising after the partner becomes a general partner”.

No. 4.       Clause 9, page 10, after line 14 - Insert -

                            “(c) ceases to be a limited partnership.”

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

                 Ordered - That the Message be taken into consideration on next day of sitting.

 

 

 

 

Message No. 135

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to provide for the formation, registration and management of co-operatives; to amend the Security and Investigation Agents Act 1995; to repeal the Co-operatives Act 1983; and for other purposes, with the amendment indicated by the annexed Schedule, to which amendments the House of Assembly desires the concurrence of the Legislative Council.

House of Assembly, 22 July 1997.                                                                         G. M. GUNN, Speaker.

Schedule of the amendment of the House of Assembly

Clause 448, page 164, after line 2 - Insert new clause as follows:

Exemption from stamp duty

        448.  No stamp duty is payable in respect of any of the following instruments:

(a)   the certificate of registration of a co-operative;

(b)   a share certificate or any other instrument issued or executed in connection with the capital of a co-operative, other than a transfer of shares.”

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

                 Ordered - That the Message be taken into consideration on next day of sitting.

 

Co-operatives

Bill.

 

 

 

Message No. 136

                 MR. PRESIDENT - The House of Assembly insists on its amendments in the Equal Opportunity (Sexual Harassment) Amendment Bill to which the Legislative Council has disagreed.  The Bill is returned herewith.

House of Assembly, 23 July 1997.                                                                         G. M. GUNN, Speaker.

                 Ordered - That the Message be taken into consideration on next day of sitting.

 

Equal Opportunity

(Sexual Harassment) Amendment

Bill.

 

 

 

Message No. 137

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Industrial and Employee Relations Act 1994, to which it desires the concurrence of the Legislative Council.

House of Assembly, 23 July 1997.                                                                         G. M. GUNN, Speaker.

                 Bill read a first time.

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

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

 

Industrial and

Employee

Relations

(Registered Associations) Amendment Bill.

 

 

 

Message No. 138

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Irrigation Act 1994, to which it desires the concurrence of the Legislative Council.

House of Assembly, 23 July 1997.                                                                         G. M. GUNN, Speaker.

                 Bill read a first time.

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

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

 

Irrigation

(Transfer of

Surplus Water) Amendment Bill.

 

 

Message No. 139

                 MR. PRESIDENT - The House of Assembly has disagreed to the amendment made by the Legislative Council in the National Wine Centre Bill but has made the alternative amendment in lieu thereof as indicated in the annexed Schedule.  The House of Assembly returns the Bill herewith and desires its reconsideration.

House of Assembly, 23 July 1997.                                                                       G. M. GUNN, Speaker.

Schedule of the amendment made by the Legislative Council

to which the House of Assembly has disagreed.

Page 4, lines 8 to 11 (clause 6) - Leave out the clause and insert new clause as follows:-

Application of Development Act

        6.  The Development Act 1993 will apply to a proposal by the Centre to undertake development of land of the Centre as follows:

(a)   section 49 of that Act will apply -

 (i)     whether or not the development is to be undertaken in partnership or joint venture with a person who is not a State agency; and

(ii)     as if an application for approval of the development under that section were only required to be lodged with the Minister within the meaning of that Act;

(b)   on the lodging of such an application, that Act will then apply as if a direction had been given by that Minister and a determination made by the Major Developments Panel under section 49 (16a) of that Act that a PER be prepared with respect to the development.”

Schedule of the alternative amendment

made by the House of Assembly in lieu thereof

Page 4 (clause 6) - After line 11 insert subclauses as follows:

            “(2)  The following requirements apply (in addition to the requirements of section 49 of the Development Act 1993) in relation to any application for approval of the erection of a new building, or the use of an existing building, on the land of the Centre as part of its facilities lodged with the Development Assessment Commission before the prescribed day:

(a)   the Commission must ensure that the application is available for public inspection for 15 business days at the office of the Commission and must, by public advertisement, give notice of the right to inspect the application and invite interested persons to make written submissions to the Commission on the application within that period of 15 days;

(b)   the Commission must allow a person who has made a written submission to it within that period and who, as part of that submission, has indicated an interest in appearing before the Commission, a reasonable opportunity to appear personally or by representative before the Commission to be heard in support of his or her submission;

(c)   the Commission’s report to the Minister on the application must contain an assessment of the submissions made on the application by interested persons as referred to in paragraph (a) or (b);

(d)   the Minister must, as soon as practicable after determining the application under section 49, prepare a report on the matter and cause copies of that report to be laid before both Houses of Parliament.

            (3)  Expressions used in any of the paragraphs of subsection (2) have the same respective meanings as in the Development Act 1993.

            (4)   A regulation prescribing a day for the purposes of subsection (2) cannot come into operation until the time has passed during which the regulation may be disallowed by resolution by either House of Parliament.”

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

                 Ordered - That the Message be taken into consideration on next day of sitting.

 

National

Wine Centre Bill.

 

 

Message No. 140

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Motor Vehicles Act 1959 and to make consequential amendments to the Road Traffic Act 1961, with the amendments indicated by the annexed Schedule, to which amendments the House of Assembly desires the concurrence of the Legislative Council.

House of Assembly, 23 July 1997.                                                                       G. M. GUNN, Speaker.

Schedule of the amendments made by the House of Assembly

No. 1.       Page 2, lines 16 to 29 (clause 4) - Leave out subsections (2a) and (2b) and insert new subsections as follow:

           “(2a)  Subject to subsection (2b), a prescribed farm machine may be driven on roads without registration or insurance.

            (2b)   A prescribed farm machine must not be driven without registration or insurance on the carriageway of a road unless -

(a)    the prescribed farm machine is driven only -

         (i)   to move the machine across the carriageway by the shortest possible route; or

        (ii)   to move the machine from a point of unloading to a worksite by the shortest possible route; or

       (iii)   to enable the machine to perform on the carriageway a special function that the machine is designed to perform; and

(b)    there is in force a policy of public liability insurance indemnifying the owner and any authorised driver of the prescribed farm machine in an amount of at least five million dollars in relation to death or bodily injury caused by, or arising out of, the use of the prescribed farm machine on a road.”

No. 2.       Page 3, line 24 (clause 8) - After “registration” insert “or insurance”.

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

                 Ordered - That the Message be taken into consideration on next day of sitting.

 

Motor Vehicles (Farm Implements

and Machines) Amendment Bill.

 

 

Message No. 141

                 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, 22 July 1997.                                                                          G. M. GUNN, Speaker.

 

Road Traffic (Expressways) Amendment

Bill.

 

38.

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

 

Postponement

of Business.

 

39.

Ordered - That the Council, at its rising, do adjourn until today at eleven o’clock a.m.

 

 

 

40.

Council adjourned at sixteen minutes past twelve o’clock midnight until today at eleven o’clock a.m.

 

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. 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