SOUTH AUSTRALIA]

No. 22

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  24  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.

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

Message No. 2.

                 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 Fourth Session of the 50th Parliament, viz.:

                 No. 43 of 2004 - An Act to amend the Commission of Inquiry (Children in State Care) Act 2004.

                 No. 44 of 2004 - An Act to amend the Oaths Act 1936.

Government House, Adelaide,                                    MARJORIE JACKSON-NELSON, Governor.

24 November 2004.

 

Message from
Governor:
Assent to Bills.

 

    3.

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

        By the Minister for Industry and Trade (The Hon. P. Holloway) -

                 Reports, 2003-2004 -

                          Capital City Committee, Adelaide.

                          Office of the Small Business Advocate.

                 Wastewater Prices in South Australia - Parts A, B and C Transparency Statement, 2004-2005.

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

                 Reports, 2003-2004 -

                          Barossa Area Health Services Inc.

                          Ceduna District Health Services Inc.

                          Coober Pedy Hospital and Health Services Inc.

                          Eudunda and Kapunda Health Service Inc.

                          Eyre Regional Health Service.

                          Hawker Memorial Hospital Inc.

                          Hills Mallee Southern Regional Health Service Inc.

                          Kangaroo Island Health Service.

                          Lower North Health.

                          Mid-West Health and Aged Care Inc. and Mid-West Health.

                          Millicent and District Hospital and Health Services Inc.

Papers.

 

 

                          Mount Barker District Soldiers Memorial Hospital.

                          Northern Metropolitan Community Health Service.

                          Northern Yorke Peninsula Health Service.

                          Peterborough Soldiers Memorial Hospital and Health Service Inc.

                          Pika Wiya Health Service Inc.

                          Port Augusta Hospital and Regional Health Services Inc.

                          Port Broughton District Hospital and Health Services Inc.

                          Port Lincoln Health Service.

                          Port Pirie Regional Health Service Inc.

                          South Coast District Hospital Inc. (incorporating Southern Fleurieu Health Service).

                          The Jamestown Hospital and Health Service Inc.

                          The Whyalla Hospital and Health Services Inc.

                          Waikerie Health Services Inc.

 

 

 

   4.

The Minister for Industry and Trade tabled a copy of a Ministerial Statement made by the Premier (The Hon. M. D. Rann, M.P.) concerning an Upgrade of the Mineral Resource Value of South Australia’s Olympic Dam.

 

Ministerial
Statement Tabled.

 

   5.

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

 

Statements on
Matters of Interest.

 

   6.

The Hon. G. E. Gago, pursuant to notice, moved - That the Report of the Social Development Committee on its Inquiry into Postnatal Depression be noted.

                 On motion of the Hon. J.M.A. Lensink, the debate was adjourned until Wednesday, 8 December 2004.

 

Social Development
Committee -
Report on Inquiry
into Postnatal
Depression
to be noted -
Motion re.

 

 

   7.

Ordered - That Notice of Motion (Private Business) No.  2, Orders of the Day (Private Business) No. 1 to No. 23 and Orders of the Day (Government Business) No. 1 to No. 4 be postponed and taken into consideration after Order of the Day (Government Business) No. 5.

 

Postponement
of Business.

 

   8.

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. 15 further considered.

Gaming Machines
(Miscellaneous)
Amendment Bill.

 

 

                 The Chairperson made the following Statement:

          “Yesterday, in Committee on the Gaming Machines (Miscellaneous) Amendment Bill, the Hon. A. J. Redford questioned the Minister for Aboriginal Affairs and Reconciliation as to what impact sections 60 to 63 of the Constitution Act would have on a provision such as clause 15 which relates to a moratorium on increases in rates of gaming tax and, more specifically, ‘the right of the Legislative Council to make legislation concerning taxation issues and the level of taxation’.

          Members should be aware of the Compact of 1857 which provided that the Legislative Council ‘should refrain from amending money bills but should suggest to the House of Assembly what amendments it desired, and the latter House, if it agreed to them, amend the bill accordingly’.  The Compact was enshrined in the Constitution Act in 1913.  In particular, section 62 states – ‘that the Legislative Council may not amend any money clause, but may return to the House of Assembly any bill containing a money clause with a suggestion to omit or amend such clause or to insert additional money clauses, or may send to the Assembly a bill containing suggested money clauses requesting, by Message, that effect be given to the suggestion; and the Assembly may, if it thinks fit, make any omission or amendment, or insertion so suggested, with or without modification.’.

          Amendments to Standing Orders gave full procedural effect to the Compact of 1857 as subsequently enshrined in the Constitution Act.

          The clause in question which the Hon. Mr. Redford seeks to delete does relate to taxation and is, therefore, a money clause within the definition of the Constitution Act.  However, the Hon. Mr. Redford’s amendment to delete this clause is required to be stated in the terms of a motion - That it be a suggestion to the House of Assembly to leave out the clause.  This is in accordance with the practice adopted over nearly 150 years and has worked without question.

          The important factor is that the Council is not amending the Bill or ‘making legislation’, but only suggesting an amendment to legislation which originated in the House of Assembly for that House’s consideration.”

                 The Hon. A. J. Redford moved - That it be a suggestion to the House of Assembly to amend the Bill on page 12, lines 13 to 18, by leaving out the clause.

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

Chairperson’s
Statement re
Council’s Powers.

 

 

                          Clause No. 15 agreed to.

                          Clause No. 16 agreed to.

                          Clause No. 17 read.

                 The Hon. R. I. Lucas moved on page, 13, lines 4 to 14, to leave out proposed new section 89 and insert the following:

                          “89—Minister to obtain reports

(1)       The Minister must obtain the following reports from the Authority

(a)        a report on the introduction of gaming machine entitlements, the operation of the trading system for gaming machine entitlements, and the effects on the gambling industry;

(b)       a report on the effects of the 2004 amendments on gambling in the State and in particular, on whether those amendments have been effective in reducing the incidence of problem gambling.

(2)       The reports must be delivered to the Minister

(a)        in the case of the report under subsection (1)(a)—before 31 December 2005;

(b)       in the case of the report under subsection (1)(b)—as soon as practicable after the second anniversary of the commencement of the 2004 amendments.

(3)       The Minister must

(a)        if Parliament is sitting—have copies of a report received under this section laid before both Houses of Parliament within 6 sitting days; or

(b)       if Parliament is not sitting—give copies of the report to the Speaker of the House of Assembly and the President of the Legislative Council so that they may lay copies of the report before their respective Houses on resumption of sittings and, in the meantime, distribute copies of the report among Members of their respective Houses.

(4)       In this section

2004 amendments means the amendment to this Act made by the Gaming Machines (Miscellaneous) Amendment Act 2004.”

                 The Hon. N. Xenophon moved to amend the amendment at the end of paragraph (b) by inserting “and the extent of any such reduction”.

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

 

 

 

             Committee divided:

Ayes, 14

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. I. Gilfillan

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. J. F. Stefani

The Hon. T. J. Stephens

The Hon. N. Xenophon (Teller)

      So it was resolved in the affirmative.

 

Noes, 6

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. T. G. Roberts

The Hon. R. K. Sneath

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

 

 

 

 

 

 

 

 

 

                 Question - That the amendment moved by the Hon. R. I. Lucas, and as amended by the Hon. N. Xenophon, be agreed to - put and passed.

                          Clause No. 17, as amended and otherwise amended, agreed to.

                          Clauses No. 18 to No. 26 agreed to.

                          New clause No. 26A inserted.

                          Clause No. 27 agreed to.

                          Clause No. 28 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.

 

 

   9.

At two minutes to 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.

10.

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. 28 further considered.

                 The Hon. N. Xenophon moved on page 17, line 29, to leave out “15 000” and insert
“100 000”.

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

                 The Hon. N. Xenophon moved on page 17, after line 29, to insert new paragraph as follow:

“(ea)    if the cause for disciplinary action demonstrates, in the opinion of the Commissioner, a lack of proper regard to reducing problem gambling or promoting responsible gambling, require the licensee to pay a specified amount (not exceeding $500 000) into the Gamblers Rehabilitation Fund;”.

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

                          Clause No. 28 agreed to.

                          Clauses No. 29 and No. 30 agreed to.

                          Clause No. 31 read.

                 The Hon. N. Xenophon moved on page 19, lines 4 to 8, to leave out all words in these lines  and insert the following:

“(1)      The following applications must be advertised in accordance with this section:

(a)     an application for approval of particular gaming machines or particular games; and

(b)     an application of any other class if the Commissioner so directs.

(1a)      If an application is to be advertised, notice of the application, in a form approved by the Commissioner, must be published by the applicant in a newspaper circulating generally throughout the State, and in the Gazette, at least 28 days before the date fixed for the hearing of the application.”.

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

Gaming Machines
(Miscellaneous)
Amendment Bill.

 

                          Clause No. 31 agreed to.

                          Clauses No. 32 to No. 34 agreed to.

                 The Hon. S. M. Kanck moved on page 21, after line 12, to insert new clause as follows:

                                   “34A—Insertion of section 51AA

                                               Before section 51A insert:

                                               51AA—Limitation of gambling hours

The holder of a gaming machine licence must not operate or permit the operation of gaming machines on the licensed premises between 1.30 am and 7.30 am on any day.

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

                 The Hon. N. Xenophon moved on page 21, after line 12, to insert new clause as follows:

                                   “34A—Insertion of section 51AA

                                               Before section 51A insert:

                                               51AA—Limitation of gambling hours

The holder of a gaming machine licence must not operate or permit the operation of gaming machines on the licensed premises between midnight of any day and 12 noon of the next day.

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

                 Question - That new clause No. 34A, as proposed to be inserted by the Hon. S. M. Kanck, be so inserted - put and negatived.

                 Question - That new clause No. 34A, as proposed to be inserted by the Hon. N. Xenophon, be so inserted - put and negatived.

                 The Hon. N. Xenophon moved on page 21, after line 12, to insert new clauses as follows:

                                   “34B—Amendment of section 51B—Cash facilities withdrawal limit

                                               Section 51B—after subsection (4) insert:

(5)     This section expires on the prescribed day within the meaning of section 51C.

                                    34C—Insertion of sections 51C and 51D

                                               After section 51B—insert:

                                               51C—Limitations on cash facilities within licensed premises

(1)       The holder of a gaming machine licence must not, on or after the prescribed day, provide or allow another person to provide, cash facilities on the licensed premises that allow a person to obtain cash by means of those facilities.

         Maximum penalty: $35 000.

(2)       For the purposes of subsection (1), an EFTPOS facility will not be taken to allow a person to obtain cash by means of the facility if a sign is prominently displayed to persons accessing the facility prohibiting any person obtaining cash by means of the facility.

(3)       The holder of a gaming machine licence is guilty of an offence if, on or after the prescribed day, cash is provided to a person by means of an EFTPOS facility on the licensed premises.

         Maximum penalty: $35 000.

(4)       The Minister may, if there are no other cash facilities within a 3 kilometre radius of the licensed premises, exempt a licensee (conditionally or unconditionally) from the operation of this section.

(5)       A licensee who contravenes a condition of an exemption granted under subsection (4) is guilty of an offence.

         Maximum penalty: $35 000.

(6)       This section does not apply to cash facilities in gaming areas (see section 51A).

(7)       In this section—

         prescribed day means the day falling 1 month after the commencement of this sectiion.

                                                51D—Coin machines not to be provided on licensed premises

(1)     The holder of a gaming machine licence must not, on or after the prescribed day, provide, or allow another person to provide, a machine on the licensed premises that dispenses coins in exchange for bank notes or other coins.

         Maximum penalty: $35 000.

(2)     In this section—

         prescribed day means the day falling 1 month after the commencement of this section.”.

                 Question - That new clause No. 34B, as proposed to be inserted by the Hon. N. Xenophon, be so inserted - put and negatived.

                         Clause No. 35 agreed to.

 

 

                 The Hon. N. Xenophon moved on page 21, after line 35, to insert new clause as follows:

                                   “35A—Insertion of section 52A

                                               After section 52 insert:

                                               52A—Inducements to bet on gaming machines prohibited

The holder of a gaming machine licence must not offer to provide or provide a person with any of the following as an inducement to bet, or to continue to bet, on a gaming machine in the licensed premises:

(a)        free cash, or free vouchers or tokens of any kind that can be used for the purposes of making bets on a gaming machine or that can be exchanged for cash;

(b)       free points or credits on any gaming machine;

(c)        membership (whether on a payment of a fee or not) of a jackpot or other gambling club;

(d)       free, or discounted, food or drink;

(e)        free entry in any lottery;

(f)         gifts or rewards of any other kind.

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

                 Question - That new clause No. 35A, as proposed to be inserted by the Hon. N. Xenophon, be so inserted - put and negatived.

                 The Hon. N. Xenophon moved on page 21, after line 35, to insert new clause as follows:

                                   “35B—Amendment of section 53A—Prohibition of certain gaming machine facilities

(1)        Section 53A—after subsection (5) insert:

(5a)   The holder of a gaming machine licence must not, on or after the prescribed day, provide any gaming machine on the licensed premises that is capable of accepting bets at a rate greater than $5 per minute.

             Maximum penalty: $35 000.

(5b)  The holder of a gaming machine licence must not, on or after the prescribed day, provide any gaming machine on the licensed premises that is capable of playing more than 1 game, or more than 1 line of a game, at the same time.

             Maximum penalty: $35 000.

(2)        Section 53A—after subsection (6) insert:

(6a)   The holder of a gaming machine licence must not, on or after the prescribed day, provide any gaming machine on the licensed premises that has not been designed or modified, in a manner approved by the Commissioner, to minimise the sound of coins dropping into a receptacle in the machine.

             Maximum penalty: $35 000.

(3)        Section 53A(7)—delete "subsection (6)" and insert:

           the subsection concerned.”.

                 Question - That new clause 35B, down to and including proposed new subsection (5a), as proposed to be inserted by the Hon. N. Xenophon, be so inserted - put.

 

 

             Committee divided:

Ayes, 6

The Hon. A. L. Evans

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. J.M.A. Lensink

The Hon. K. J. Reynolds

The Hon. N. Xenophon (Teller)

 

 

 

 

 

 

 

      So it passed in the negative.

 

Noes, 13

The Hon. J.S.L. Dawkins

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. P. Holloway

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. R. K. Sneath

The Hon. T. J. Stephens

The Hon. C. Zollo

The Hon. T. G. Roberts (Teller)

 

 

 

                 Question - That the remainder of new clause 35B, as proposed to be inserted by the Hon. N. Xenophon, be so inserted - put and negatived.

                          Clause No. 36 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.

 

 

11.

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

                 At twenty-five minutes past ten o’clock the sitting was resumed.

 

Suspension and
Resumption of
Sitting.

12.

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. 36 further considered.

                 The Hon. N. Xenophon moved on page 22, after line 23, to insert the following:

                                   “53C—Loyalty cards

(1)     If loyalty cards are used in connection with gaming machines, the holder of the gaming machine licence must ensure—

(a)     that a card is not issued to a person unless the person has provided a postal address; and

(b)    that, within 14 days after the end of each month, a statement is posted to the postal address provided by the holder of the card setting out—

(i)         the total amount of money recorded by means of the card as having been bet on gaming machines in licensed premises during that month; and

(ii)        the total amount of money won or lost on the bets referred to in subparagraph (i); and

(iii)      the dates on which the bets referred to in subparagraph (i) were made.

Maximum penalty: $35 000.

(2)       The holder of a gaming machine licence must keep records sufficient to enable compliance with subsection (1) and retain the records for at least 6 years.

         Maximum penalty: $35 000.

(3)       The holder of a gaming machine licence must provide statistical information relating to records kept under this section at the request of the Authority, the Commissioner or a person authorised by the Authority or the Commissioner.

         Maximum penalty: $5 000.

(4)       In this section—

loyalty card means a card or other device that stores information in electronic, magnetic or other form and may be used in connection with betting on a gaming machine.”.

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

Gaming Machines
(Miscellaneous)
Amendment Bill.

 

                          Clause No. 36 agreed to.

                 The Hon. N. Xenophon moved on page 22, after line 23, to insert new clause as follows:

                                   “36A—Insertion of section 54A

                                               After section 54 insert:

                                               54A—Smoking in gaming areas etc

(1)       A person must not smoke in a part of licensed premises that—

(a)       is enclosed; and

(b)       consists of, includes or overlooks a gaming area.

Maximum penalty: $200.

Expiation fee: $75.

(2)       The licensee must display signs, in accordance with the regulations, in a part of the licensed premises in which smoking is prohibited.

Maximum penalty:

(a)     in the case of a natural person—$5 000;

(b)     in the case of a body corporate—$10 000.

(3)       If smoking occurs in contravention of subsection (1), the licensee is guilty of an offence.

Maximum penalty:

(a)     in the case of a natural person—$5 000;

(b)     in the case of a body corporate—$10 000.

(4)       It is a defence to a charge of an offence against subsection (3) if the defendant proves that he or she did not provide an ashtray, matches, a lighter or any other thing designed to facilitate smoking in contravention of this section and that—

(a)     he or she was not aware, and could not reasonably be expected to have been aware, that the contravention was occurring; or

(b)     he or she—

(i)       requested the person smoking to stop smoking; and

(ii)      informed the person that the person was committing an offence.

(5)       For the purposes of this section, a part of licensed premises is enclosed if it is, except for doorways, passageways and internal wall openings, completely or substantially enclosed by a solid permanent ceiling or roof and solid permanent walls or windows, whether the ceiling, roof, walls or windows are fixed or movable and open or closed.”.

                 Question - That new clause No. 36A, as proposed to be inserted by the Hon. N. Xenophon, be so inserted - put and negatived.

                          Clause No. 37 agreed to.

                 The Hon. N. Xenophon moved on page 22, after line 32, to insert new clause as follows:

                                   “37A—Insertion of Part 5 Division 7

                                               After section 68 insert:

                                               Division 7—Offences relating to records

                                               68A—Provision of information to Commissioner

(1)            The holder of a gaming machine licence must keep records (in a manner and form determined by the Commissioner), and retain the records for at least 6 years, in relation to the use of each gaming machine setting out the number of games played on the machine, the amount bet on the machine, and the amount lost or won on the machine, within each interval specified by the Commissioner.

            Maximum penalty: $35 000.

(2)            The holder of a gaming machine licence must provide statistical information relating to records kept under this section at the request of the Authority, the Commissioner or a person authorised by the Authority or the Commissioner.

            Maximum penalty: $5 000.”.

 

 

 

                 Question - That new clause No. 37A, as proposed to be inserted by the Hon. N. Xenophon, be so inserted - put and negatived.

                          Clause No. 38 agreed to.

                 The Hon. R. D. Lawson moved - That it be a suggestion to the House of Assembly to amend the Bill on page 22, after line 37, by inserting new clauses as follow:

                                   “38A—Amendment of section 72—Interpretation

                                                Section 72—before the definition of net gambling revenue insert:

                                                base year means the financial year ending 30 June 2005;

                                                CPI means the Consumer Price Index (All groups index for Adelaide);

indexation factor, in relation to a financial year, means 1 or the quotient obtained by dividing the CPI for the March quarter of the financial year by the CPI for the March quarter 2005, whichever is the greater.

                                     38B—Amendment of section 72A—Gaming tax

(1)       Section 72A(4)(a)—after "$3.5 million" insert:

                                                          multiplied by the indexation factor for the financial year

(2)       Section 72A(4)(b)—delete "$4 million" and substitute:

                                                          $11.8 million multiplied by the indexation factor for the financial year plus, if the revenue received under this section for that financial year is greater than the base amount, the additional amount

(3)       Section 72A(4)(c)—after "$20 million" insert:

                                                          multiplied by the indexation factor for the financial year

(4)       Section 72A—after subsection (5) insert:

                                                          (6)     In this section—

additional amount is an amount equal to—

where—

R is the revenue received under this section for the previous financial year; and

B is the revenue received under this section for the base year (the base amount); and

A1 is $6 million multiplied by the indexation factor for the financial year; and

A2 is $1.8 million multiplied by the indexation factor for the financial year.”.

                 Question - That the motion be agreed to - put.

 

 

             Committee divided:

Ayes, 8

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. R. I. Lucas

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. T. J. Stephens

The Hon. R. D. Lawson (Teller)

 

 

      So it passed in the negative.

 

Noes, 10

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. I. Gilfillan

The Hon. A. J. Redford

The Hon. K. J. Reynolds

The Hon. T. G. Roberts

The Hon. R. K. Sneath

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

 

_____________________

 

And it being twelve of the clock:

THURSDAY 25 NOVEMBER 2003

_____________________

 

 

 

                 The Hon. N. Xenophon moved - That it be a suggestion to the House of Assembly to amend the Bill on page 22, after line 37, by inserting new clause as follows:

                                   “38A—Amendment of section 72A—Gaming tax

(1)       Section 72A(4)—after paragraph (b) insert:

(ba)  as to 3% of all gaming tax revenue—into the Gamblers Rehabilitation Fund established under this Part;

(2)       Section 72A(5)—After "(b)" insert:

(ba)”.

                 Question - That the motion be agreed to - put.

 

 

             Committee divided:

Ayes, 13

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. I. Gilfillan

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. J. F. Stefani

The Hon. T. J. Stephens

The Hon. N. Xenophon (Teller)

      So it was resolved in the affirmative.

 

Noes, 5

The Hon. J. M. Gazzola

The Hon. T. G. Roberts

The Hon. R. K. Sneath

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

 

                          Clause No. 39 agreed to.

                 Resolved - That it be a suggestion to the House of Assembly to amend the Bill by inserting new clause No. 39A.

                          Clauses No. 40 to No. 45 agreed to.

                          Proposed clause No. 46.

                 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.

 

 

13.

Ordered - That Notice of Motion (Private Business) No. 2 and Orders of the Day (Private Business) No. 1 to No. 23 be Orders of the Day for Wednesday, 8 December 2004.

 

Postponement
of Business.

14.

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

 

Postponement
of Business.

15.

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

 

Next Day
of Sitting.

 

16.

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

Message No. 10

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith entitled an Act to amend the Parliamentary Remuneration Act 1990, to which it desires the concurrence of the Legislative Council.

House of Assembly, 24 November 2004.                                                  I. P. LEWIS, Speaker.

                 Bill read a first time.

                 The Minister for Industry and Trade then moved - That this Bill be now read a second time.

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

 

Messages from
House of Assembly:
Parliamentary
Remuneration
(Restoration of
Provisions)
Amendment Bill.

 

 

Message No. 11

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith entitled an Act to amend the Judges’ Pensions Act 1971, the Police Act 1998, the Police Superannuation Act 1990, the Southern State Superannuation Act 1994 and the Superannuation Act 1988, to which it desires the concurrence of the Legislative Council.

House of Assembly, 24 November 2004.                                                  I. P. LEWIS, Speaker.

                 Bill read a first time.

                 The Minister for Industry and Trade then moved - That this Bill be now read a second time.

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

 

Statutes Amendment
(Miscellaneous
Superannuation
Measures No. 2)
Bill.

17.

Council adjourned at thirty 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. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. G. E. Gago

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