[SOUTH AUSTRALIA]

No. 17

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY 23 NOVEMBER 1999

 

 

 

   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 Clerk announced that the following Petition had been lodged for presentation:

                 By the Hon. C. V. Schaefer, from 13 residents of South Australia concerning Yumbarra Conservation Park and praying that the Council will consider and support the reproclamation of the central part of Yumbarra Conservation Park being section 457, North Out of Hundreds, County of Way (Fowler), to allow mineral exploration and mining access.

 

Petition No. 7 - Yumbarra Conservation Park.

 

   3.

The following Paper was laid upon the Table, viz.:

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

              Petroleum Products Regulation Act 1995 - Report of an Inquiry into the Cost of Record Keeping to comply with the Petroleum Subsidy Scheme.

 

Paper.

   4.

The Attorney-General, without notice, moved - That the Standing Orders be so far suspended as to enable him to move a motion without notice.

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

                 The Attorney-General, moved - That the Industrial and Employee Relations (Workplace Relations) Amendment Bill 1996 be restored to the Notice Paper as a lapsed Bill, pursuant to section 57 of the Constitution Act 1934.

                 Question put and passed.

                 Ordered - That the Bill be an Order of the Day for next day of sitting.

 

Industrial and Employee

Relations

(Workplace

Relations)

Amendment Bill.

   5.

On the Order of the Day being read for the adjourned debate on the motion of the Minister for Transport and Urban Planning - That this Council requests His Excellency The Governor to make a proclamation under section 43(2) of the National Parks and Wildlife Act 1972 that declares that rights of entry, prospecting, exploration and mining under the Mining Act 1971 may be acquired and exercised in respect of that portion of Yumbarra Conservation Park being Section 457, North Out of Hundreds, County of Way (Fowler):

Proclamation by

His Excellency

The Governor concerning Mining

in Yumbarra Conservation Park -Motion re.

 

 

The President made the following Statement:

                 The Hon. Ron Roberts asked me the following question on Tuesday, 16 November 1999, concerning the Yumbarra Conservation Park motion moved by the Minister for Transport and Urban Planning.

       “What is the earliest date under the Act this proclamation can be agreed to and what is the earliest date this resolution can be passed?”

President’s

Statement.

 

                 The Notice of Motion was given by the Minister for Transport and Urban Planning on Wednesday, 29 September 1999 and appeared on the Notice Paper on Thursday, 30 September 1999.

                 The National Parks and Wildlife Act 1972, section 43(5)(c) and (6) states -

                                   “(5)  A proclamation under this section in respect of land constituting a national park, a conservation park, the Belair Recreation Park, the Para Wirra Recreation Park, the Katarapko Game Reserve or the Coorong Game Reserve (except a proclamation revoking a previous proclamation) must not be made unless -

(a)    ……….

(b)    ……….

(c)    the proclamation is made in pursuance of a resolution passed by both Houses of Parliament.

                                   (6)   Notice of a motion for a resolution under subsection (5)(c) must be given at least 14 sitting days before the resolution is passed.”

                 This requires that it be fourteen clear days, and excludes the date of the giving of the Notice and the date the actual resolution is passed.

                 Therefore in calculating the number of days and the additional sitting days of Friday,
19 November, and Tuesday, 23 November 1999, the Legislative Council should not finally vote on this Resolution until Tuesday, 23 November 1999.

                 The Hon Ron Roberts further asked on 18 November 1999 -

                          “Could you please explain the legal ramifications and any precedent, if one exists?”

                 The Chair can only give advice on the matter raised by The Hon. Mr. Roberts.  It is not for the Chair to explain the legal ramifications of the House’s actions.

                 Finally, The Hon. Ron Roberts asked:

                          “Will you be advising His Excellency The Governor of all that advice before such time as he is asked to make the proclamation?”

                 The answer is no.  The President does not advise His Excellency The Governor.

                 Debate resumed.

                 Question put.

         Council divided:

 

 

Ayes, 11.

The Hon. T. G. Cameron

The Hon. T. Crothers

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. K. T. Griffin

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. D. V. Laidlaw (Teller)

Noes, 10.

The Hon. I. Gilfillan

The Hon. P. Holloway

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. N. Xenophon

The Hon. C. Zollo

The Hon. M. J. Elliott

 

 

       So it was resolved in the affirmative.

 

   6.

On the Order of the Day being read for the adjourned debate on the motion of the Hon.
T. G. Roberts - That this Council -

         I.      Calls on the Federal Government to take those steps required to counter the destabilisation of the ungoverned province of East Timor in the lead up to independence.

        II.      Commends the United Nations for the establishment of an international inquiry into gross human rights violations and atrocities in East Timor.

       III.      Calls on the United Nations to -

                        (a)     organise an immediate United Nations supervised repatriation of East Timorese refugees from West Timor and other parts of Indonesia; and

                        (b)    demand the immediate withdrawal of all Indonesian military and militia personnel from East Timor.

       IV.      Calls on the United Nations and the Australian Government to -

                        (a)     urgently increase the emergency release of food and other humanitarian supplies to refugees in remote areas of East Timor to prevent starvation; and

                        (b)    urge all governments, the World Bank and the IMF to ensure that economic assistance to Indonesia supports democratic and economic reform.

       V.      Commends the Australian Government for providing sanctuary to East Timorese refugees.

East Timor -

Motion re.

 

       VI.      Calls on the Australian Government to -

                        (a)     expand that sanctuary to East Timorese refugees who are being targeted by the Indonesian military and militias;

                        (b)    suspend military co-operation with Indonesia;

                        (c)     immediately cease its de jure recognition of Indonesia’s occupation of East Timor;

                        (d)    thank the East Timorese people for their great sacrifice and support during World War II and to make an official apology for the 25 years of betrayal; and

                        (e)     make a commitment to assisting reconstruction in East Timor. -

         Which the Hon. I. Gilfillan had moved to amend as follows -

         Paragraph III -

           After paragraph (b) by  inserting  new paragraphs as follow:

           “(c)      demand that Indonesia ceases all military and militia activity that is being directed against East Timorese independence activists and refugees who are trapped in West Timor and other parts of Indonesia; and

            (d)       call on the United Nations to organise a boycott of all military co-operation with the TNI unless this harassment and terror are immediately stopped.”

         Paragraph IV -

           After paragraph (a) by  inserting  new paragraph (ab) as follows:

           “(ab)    urge all governments, the World Bank and the IMF to ensure that urgent economic assistance will be given to East Timor to assist in its redevelopment and reconstruction to promote recovery from the 24 years of slaughter and destruction and to request that the assistance will be in the form of grants; and”.

         Paragraph VI -

           By striking out  paragraph (a) and inserting new paragraph (a) as follows:

           “(a)      expand that sanctuary to East Timorese refugees who are being targeted by the Indonesian military and militias and to those refugees who have recently come to Australia whose homes have been destroyed and for whom an early return to their homeland at the beginning of the monsoon season without adequate shelter will cause further undue hardship and suffering;”

           After Paragraph VI by inserting new Paragraph VII as follows:

           “VII.    That this Resolution be forwarded to the Prime Minister and the Minister for Foreign Affairs.”:

                 Debate resumed.

         Question - That Paragraphs I and II stand part of the motion - put and passed.

         Question - That the amendment moved by the Hon I. Gilfillan to Paragraph III be agreed to - put and passed.

         Question - That Paragraph III, as amended, be agreed to - put and passed.

         Question - That the amendment moved by the Hon. I. Gilfillan to Paragraph IV be agreed to - put and passed.

         Question - That Paragraph IV, as amended, be agreed to - put and passed.

         Question - That Paragraph V be agreed to - put and passed.

         Question - That the amendment moved by the Hon. I. Gilfillan to Paragraph VI be agreed to - put and passed.

         Question - That the Paragraph VI, as amended, be agreed to - put and passed.

         Question - That new Paragraph VII, as proposed to be inserted by the Hon. I. Gilfillan, be so inserted - put and passed.

         Question - That the motion moved by the Hon. T. G. Roberts and as amended by the Hon. I. Gilfillan, be agreed to - put and passed.

 

 

   7.

Ordered - That Notices of Motion (Private Business) and Orders of the Day (Private Business) for Wednesday, 24 November 1999, be Orders of the Day for Wednesday, 29 March 2000.

 

Postponement

of Business.

 

   8.

The Treasurer moved - That the Council, at its rising, do adjourn until Tuesday, 28 March 2000, at fifteen minutes past two o’clock.

                 Debate ensued.

                 Question put and passed.

 

Next Day

of Sitting.

   9.

Council adjourned at twenty minutes past five o’clock midnight until Tuesday, 28 March 2000, 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