SOUTH AUSTRALIA]

No. 58

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY  23  OCTOBER  2001

 

 

 

   1.

Council met pursuant to adjournment.  The President (The Hon. J. C. Irwin) took the Chair.

                 The President read prayers.

 

Meeting of
Council.

    2.

A Messenger from the Governor having been announced by Black Rod, the following Message was received and read:

Message No. 14.

                 The Governor informs the Legislative Council that, in the name and on behalf of Her Majesty The Queen, the following Acts have been assented to during the present Session, viz.:

                 No. 45 of 2001 - An Act to vest property of the Free Presbyterian Church; and for other purposes.

                 No. 46 of 2001 - An Act to introduce measures for the minimisation of graffiti; to punish people responsible for graffiti; to provide for the removal of graffiti; to make consequential amendments to the Summary Offences Act 1953; and for other purposes.

                 No. 47 of 2001 - An Act to amend the Building Work Contractors Act 1995, the Conveyancers Act 1994, the Land Agents Act 1994, the Plumbers, Gas Fitters and Electricians Act 1995, the Second-hand Vehicle Dealers Act 1995, the Security and Investigation Agents Act 1995 and the Travel Agents Act 1986.

                 No. 48 of 2001 - An Act to amend the Trade Measurement Act 1993.

                 No. 49 of 2001 - An Act to amend the Survival of Causes of Action Act 1940.

                 No. 50 of 2001 - An Act to amend the Constitution Act 1934.

                 No. 51 of 2001 - An Act to amend the Constitution Act 1934 and the Governors’ Pensions Act 1976 to make provision for the salary and pension of future Governors.

Government House, Adelaide, 23 October 2001.                                                     E. J. NEAL, Governor.

 

Message from
Governor:
Assent to Bills.

    3.

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

        By the President -

                 Report of Mr. Dean Clayton, Q.C., into the Evidence given to the First Software Centre Inquiry (“The Cramond Inquiry”) which was ordered to be published on 19 October 2001.

                 Report of Joint Parliamentary Service, 2000-2001.

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

                 Reports, 2000-2001 -

                          Gaming Supervisory Authority.

                          Office for the Commissioner for Public Employment.

                          Technical Regulator, Electricity.

 

Papers.

 

                          The Planning Strategy for South Australia.

                          Transmission Lessor Corporation.

                 Regulations under the following Acts -

                          Education Act 1972 - Teachers’ Registration.

                          Renmark Irrigation Trust Act 1936 - Capital Recoveries.

                 Motor Accident Commission Charter.

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

                 Reports, 2000-2001 -

                          Listening Devices Act 1972.

                          Lotteries Commission of South Australia.

                          Primary Industries and Resources South Australia.

                          South Australian Soil Conservation Council.

                          Veterinary Surgeons Board of South Australia.

                 Regulation under the following Act -

                          Legal Practitioners Act 1981 - Fees and Levies.

                 Rules of Court - Supreme Court - Supreme Court Act - Admission Rules - Sub-rule.

        By the Minister for Consumer Affairs (The Hon. K. T. Griffin) -

                 Regulations under the following Acts -

                          Building Work Contractors Act 1995 - Licence Fees.

                          Liquor Licensing Act 1997 - Dry Areas - Adelaide.

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

                 Reports, 2000-2001 -

                          Local Government Finance Authority of South Australia.

                          South Australian Community Housing Authority.

                          West Beach Trust.

                 Regulations under the following Acts -

                          Development Act 1993 - Railway Operations.

                          Environment Protection Act 1993 - Railway Operations.

                          Harbors and Navigation Act 1993 - Ports.

                          Local Government Act 1999 - Rates Notices.

                          Motor Vehicles Act 1959 - P Plates.

                          Road Traffic Act 1961 -

                                   Alcohol Interlock.

                                   Emergency Stop.

        By the Minister for Administrative and Information Services (The Hon. R. D. Lawson) -

                 Reports, 2000-2001 -

                          President, Industrial Relations Commission and Senior Judge, Industrial Relations Court.

                          State Supply Board.

 

 

   4.

The Hon. J.S.L. Dawkins brought up the Report of the Environment, Resources and Development Committee, 2000-2001.

 

Report of the
Environment,
Resources and
Development Committee,
2000-2001.

 

   5.

The Attorney-General, while making a Ministerial Statement, tabled a copy of a document titled “Detailed Analysis of Potential Criticisms of Mr. Selway”.

 

Paper Tabled.

   6.

The Hon. R. R. Roberts, while asking a question, sought leave to table a document.

                 Leave refused.

 

Leave to Table
Document -
Leave refused.

 

   7.

The Minister for Transport and Urban Planning, without notice, moved - That the Standing Orders be so far suspended as to enable Question Time to be extended to enable the Hon. T. G. Cameron to complete a question to her and for her to give a reply.

                 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.

The Treasurer, without notice, moved - That the Standing Orders be so far suspended as to enable Question Time to be extended by one hour to enable questions to be asked and replies given relating to the Report of the Auditor-General, 2000-2001.

                 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.

 

   9.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 3 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

10.

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

                 Debate resumed.

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

 

Coroners Bill.

11.

Ordered - That Order of the Day (Government Business) No. 5 be postponed and taken into consideration on motion.

 

Postponement
of Business.

12.

Ordered - That Orders of the Day (Government Business) No. 6 and No. 7 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

13.

On the Order of the Day being read for the adjourned debate on the question - That the Criminal Law Consolidation (Offences of Dishonesty) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. A. J. Redford, the debate was adjourned until next day of sitting.

 

Criminal Law
Consolidation
(Offences of
Dishonesty)
Amendment Bill.

 

14.

Ordered - That Orders of the Day (Government Business) No. 9 and No. 10 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

15.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment and Repeal (Starr-Bowkett Societies) Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. A. J. Redford, the debate was adjourned until next day of sitting.

 

Statutes
Amendment
and Repeal
(Starr-Bowkett Societies) Bill.

 

16.

Ordered - That Order of the Day (Government Business) No. 12 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

17.

On the Order of the Day being read for the adjourned debate on the question - That the Unclaimed Superannuation Benefits (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. 6 agreed to.

                          Clause No. 7 being a money clause, no question was put on the clause.

                          Clauses No. 8 and No. 9 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.

 

Unclaimed
Superannuation
Benefits
(Miscellaneous)
Amendment Bill.

18.

Ordered - That Orders of the Day (Government Business) No. 14 to No. 17 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 Rail Transport Facilitation Fund Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. A. J. Redford, the debate was adjourned until next day of sitting.

 

Rail Transport
Facilitation Fund
Bill.

  20.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Statutes Amendment (Road Safety Initiatives) Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 3 agreed to.

                          New clause No. 3A inserted.

                          Clauses No. 4 and No. 5 agreed to.

                          New clause No. 5A 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.

.

Statutes
Amendment
(Road Safety
Initiatives) Bill.

21.

Council adjourned at eleven 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. R. K. Sneath

The Hon.  J. F. Stefani

The Hon. N. Xenophon

The Hon. C. Zollo