[SOUTH AUSTRALIA]

No. 16

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY 24 MARCH 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.

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

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

                 Regulation under the following Act -

                          Bank Mergers (South Australia) Act 1997 - St. George/Advance.

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

                 South Eastern Water Conservation and Drainage Board - Report, 1996-97.

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

                 Police Act 1952 - Directions to the Commissioner of Police.

 

Papers.

   3.

The Treasurer (The Hon. R. I. Lucas) tabled a copy of a Ministerial Statement made by the Premier (The Hon. J. W. Olsen, M.P.) concerning Health Care Funding.

 

Paper

Tabled.

   4.

The Treasurer tabled a copy of a Ministerial Statement made by the Premier concerning Gun Control.

 

Paper

Tabled.

   5.

On the Order of the Day being read for the adjourned debate on the question - That the Tobacco Products Regulation (Licence Fees) 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. 27 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.

 

Tobacco Products Regulation

(Licence Fees) Amendment Bill.

   6.

On the Order of the Day being read for the adjourned debate on the question - That the Police Superannuation (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. 12 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.

 

Police Superannuation (Miscellaneous) Amendment Bill.

   7.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (Adjustment of Superannuation Pensions) 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. 3 agreed to.

                          Clause No. 4 amended and agreed to.

                          Clause No. 5 amended and agreed to.

                          Clause No. 6 amended and agreed to.

                          Clause No. 7 amended and 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 with amendments; 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.

 

Statutes

Amendment (Adjustment of Superannuation Pensions) Bill.

   8.

Ordered - That Orders of the Day (Government Business) No. 4 to No. 9 be postponed and taken into consideration on motion.

 

Postponement

 of Business.

 

   9.

On the Order of the Day being read for the adjourned debate on the question - That the Superannuation (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. 24 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.

 

Superannuation (Miscellaneous) Amendment

Bill.

10.

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

 

In the Committee

 

                          Clauses No. 1 to No. 8 agreed to.

                          New clause No. 8A inserted.

                          New clause No. 8B inserted.

                          Clauses No. 9 to No. 11 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 with amendments; 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.

 

Statutes

Amendment

(Native Title)

Bill.

11.

Ordered - That Orders of the Day (Government Business) No. 11 to No. 16 be postponed and taken into consideration after Order of the Day (Government Business) No. 18.

 

Postponement

of Business.

12.

On the Order of the Day being read for the adjourned debate on the question - That the National Wine Centre (Land of Centre) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. L. H. Davis, the debate was adjourned and ordered to be resumed on motion.

 

National Wine

Centre (Land

of Centre)

Amendment Bill.

 

13.

On the Order of the Day being read for the adjourned debate on the question - That the Local Government (Memorial Drive Tennis Centre) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. L. H. Davis, the debate was adjourned and ordered to be resumed on motion.

 

Local

Government (Memorial Drive

Tennis Centre)

Amendment Bill.

 

14.

On the Order of the Day being read for the adjourned debate on the question - That the Road Traffic (School Zones) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. J.S.L. Dawkins, the debate was adjourned until next day of sitting.

 

Road Traffic

(School Zones)

Amendment

Bill.

15.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the MFP Development (Winding-Up) Amendment Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 9 agreed to.

                          Clause No. 10 read.

                          The Hon. M. J. Elliott moved to leave out the clause.

                 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.

 

MFP

Development (Winding-Up) Amendment

Bill.

16.

At seven minutes 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.

 

17.

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

Message No. 47

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Public Sector Management Act 1995, without any amendment.

House of Assembly, 19 March 1998.                                                              J.K.G. OSWALD, Speaker.

 

Messages from

House of

Assembly:

Public Sector Management (Incompatible

Public Offices)

Amendment Bill.

 

 

Message No. 48

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Legal Practitioners Act 1981, with the amendment indicated by the annexed Schedule, to which amendment the House of Assembly desires the concurrence of the Legislative Council.

House of Assembly, 19 March 1998.                                                              J.K.G. OSWALD, Speaker.

 

Legal

Practitioners

(Qualifications)

Amendment

Bill.

 

 

Schedule of the amendment made by the House of Assembly

Page 9, after line 12 - Insert new clause 13 as follows:-

Amendment of s. 95    Application of certain revenues

            13.    Section 95 of the principal Act is amended –

           (aa)      by striking out from subsection (1) “The Treasurer” and substituting “Subject to subsection (1aa), the Treasurer”;

           (a)        by striking out paragraph (a) of subsection (1) and substituting the following paragraph:

                         (a)     an amount approved by the Attorney-General towards the Society’s costs in exercising any powers or functions delegated to the Society under this Act;

                                   and;

           (ab)     by inserting after subsection (1) the following subsection:

                                   (1aa)  If the Society collects practising certificate fees pursuant to an assignment of functions by the Supreme Court, the Society may retain a proportion of those fees approved by the Attorney-General for the purposes specified in subsection (1).

           (b)       striking out subsection (2) and substituting the following subsection:

                       (2)       The Treasurer may, on the recommendation of the Attorney-General, make payments towards

                         (a)     meeting any expenses incurred by LPEAC in exercising its functions and powers under this Act; and

                         (b)    defraying the costs of administering Part 6.’

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

 

 

                 Ordered - That the Message be taken into consideration forthwith.

                 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

 

                          Resolved - That the amendment be agreed to.

_____________________

 

 

 

                 The President resumed the Chair, and reported accordingly; whereupon the Council adopted such report.

 

 

 

Message No. 49

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Building Work Contractors Act 1995, the Business Names Act 1996, the Consumer Transactions Act 1972, 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 and the Travel Agents Act 1986, without any amendment.

House of Assembly, 19 March 1998.                                                              J.K.G. OSWALD, Speaker.

 

Statutes

Amendment

(Consumer

Affairs) Bill.

 

 

Message No. 50

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Valuation of Land Act 1971 and make a consequential amendment to the Local Government Act 1934, to which it desires the concurrence of the Legislative Council.

House of Assembly, 24 March 1998.                                                              J.K.G. OSWALD, 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. P. Holloway, the debate was adjourned until next day of sitting.

 

Valuation

of Land

(Miscellaneous)

Amendment

Bill.

 

18.

Ordered - That Orders of the Day (Government Business) No. 12 and No. 13 be postponed and taken into consideration after Order of the Day (Government Business) No. 16.

 

Postponement

of Business.

  19.

On the Order of the Day being read for the adjourned debate on the question - That the Technical and Further Education (Industrial Jurisdiction) Amendment Bill be now read a second time:

                 Debate resumed.

                 Question put and passed.

                 Bill read a second time.

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

 

Technical

and Further Education

(Industrial Jurisdiction) Amendment

Bill.

20.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Children’s Services (Child Care) Amendment Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 4 agreed to.

                          Clause No. 5 amended and agreed to.

                          Clause No. 6 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.

 

Children’s

Services

(Child Care) Amendment

Bill.

21.

On the Order of the Day being read for the adjourned debate on the question - That the Barley Marketing (Application of Parts 4 and 5) Amendment Bill be now read a second time:

                 Debate resumed.

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

 

Barley

Marketing (Application of

Parts 4 and 5)

Amendment

Bill.

 

22.

Ordered - That the adjourned debate on the question - That the National Wine Centre (Land of Centre) Amendment Bill be now read a second time - be now resumed.

                 Debate resumed.

                 And the Hon. L. H. Davis having obtained leave to conclude his remarks, the debate was adjourned and ordered to be resumed on motion.

 

National Wine

Centre (Land

of Centre)

Amendment

Bill.

 

23.

At nine o’clock the sitting was suspended until the ringing of the bells.

                 At twenty-six minutes past nine o’clock the sitting was resumed.

 

Suspension and

Resumption of

Sitting.

 

24.

Ordered - That the adjourned debate on the question - That the National Wine Centre (Land of Centre) 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.

 

National Wine

Centre (Land

of Centre)

Amendment Bill.

 

  25.

Ordered - That the adjourned debate on the question - That the Workers Rehabilitation and Compensation (Self Managed Employer Scheme) Amendment Bill be now read a second time - be now resumed.

                 Debate resumed.

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

 

Workers Rehabilitation

and

Compensation

(Self Managed Employer Scheme)

Amendment Bill.

 

26.

Ordered - That Orders of the Day (Government Business) No. 12 and No. 13 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

 

27.

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

                 Debate resumed.

                 On motion of the Hon. T. Crothers the debate was adjourned until next day of sitting.

 

Supply

Bill.

28.

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

Message No. 51

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Evidence Act 1929, without any amendment.

House of Assembly, 24 March 1998.                                                              J.K.G. OSWALD, Speaker.

 

Messages from

House of

Assembly:

Evidence (Use of

Audio and Audio

Visual Links)

Amendment Bill.

 

 

Message No. 52

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Motor Vehicles Act 1959, without any amendment.

House of Assembly, 24 March 1998.                                                              J.K.G. OSWALD, Speaker.

 

Motor Vehicles (Disabled Persons’

Parking Permits) Amendment Bill.

 

 

Message No. 53

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Motor Vehicles Act 1959, without any amendment.

House of Assembly, 24 March 1998.                                                              J.K.G. OSWALD, Speaker.

 

Motor Vehicles (Wrecked or Written Off Vehicles) Amendment Bill.

29.

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

 

Postponement

of Business.

 

30.

Council adjourned at thirty minutes past ten 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