[SOUTH AUSTRALIA]

No. 28

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY 25 FEBRUARY 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.

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

Message No. 4.

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

                 No. 1 of 1997 - An Act amend the Pulp and Paper Mill (Hundreds of Mayurra and Hindmarsh) Act 1964.

Government House, Adelaide, 25 February 1997.                                                       E. G. Neal, Governor.

 

Message from

Governor:

Assent to Bills.

   3.

The Minister for Education and Children’s Services (The Hon. R. I. Lucas), by leave, moved - That the Legislative Council expresses its deep regret at the death of the Hon. J. W. Slater, former Member for Gilles and Minister of the Crown, and places on record its appreciation of his distinguished public service and that, as a mark of respect to his memory, the sitting of the Council be suspended until the ringing of the bells.

                 And being supported by the Hon. C. A. Pickles, the Hon. M. J. Elliott, the Hon. G. Weatherill and the Hon. J.A.W. Levy:

                 Motion carried in silence, Members standing in their places.

 

Death of

Hon.

J. W. Slater.

   4.

At twenty-five minutes to three o’clock the sitting was suspended until the ringing of the bells.

                 At ten minutes to three o’clock the sitting was resumed.

 

Suspension and

Resumption of

Sitting.

   5.

Answers to Questions on Notice Nos. 108 and 127 received this day were tabled by the President who directed that they be distributed and printed in Hansard.

 

Answers to

Questions on

Notice.

   6.

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

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

                 South Australian Harness Racing Authority - Report, 1995-96.

                 South Australian Thoroughbred Racing Authority - Report, May-July, 1996.

                 Regulations under the following Acts -

                          Development Act 1993 - Marion Regional Centre.

                          Rates and Land Tax Remission Act 1986 - Amounts of Remission.

                 Racing Act 1976 - Rules - Racing Industry Development Authority - Variations.

Papers.

 

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

                 Regulations under the following Acts -

                          Branding of Pigs Act 1964 - Fees.

                          Fisheries Act 1982 - Fishery Management Committees.

                 District Council By-laws -

                          Renmark Paringa -

                                   No.    1   -   Permits and Penalties.

                                   No.    2   -   Dogs.

                                   No.    4   -   Streets.

                                   No.    5   -   Cemeteries.

                                   No.    6   -   Taxis.

                                   No.    7   -   Lock 5 Marina.

                                   No.    8   -   Park Lands.

                                   No.    9   -   Bees.

                                   No.  10   -   Moveable Signs.

                                   No.  11   -   Garbage Containers.

                                   No.  12   -   Libraries.

                 Public Parks Act 1943 - Report - Disposal of Park Land, Simcock Street, West Beach and the Henley Oval Annexe.

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

                 Regulation under the following Act -

                          Liquor Licensing Act 1984 - Dry Area - Barmera.

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

                 Regulation under the following Act -

                          Harbors and Navigation Act 1993 - Swan Reach.

 

 

   7.

The Minister for Education and Children’s Services (The Hon. R. I. Lucas) tabled a copy of Ministerial Statement made by the Premier (The Hon. J. W. Olsen, M.P.) concerning Flooding in the State’s Far North.

 

Paper Tabled.

   8.

The Minister for Education and Children’s Services, without notice, moved - That the Standing Orders be so far suspended as to enable Question Time to be extended until fifteen minutes past four o’clock.

                 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.

The Minister for Transport (The Hon. D. V. Laidlaw), without notice, moved - That the Standing Orders be so far suspended as to enable Question Time to be extended to enable her to give a reply to a question asked by the Hon. J.A.W. Levy.

                 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.

10.

The Minister for Education and Children’s Services, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to allow Netherby Kindergarten to remain on land owned by the University of Adelaide that is subject to the terms of the Peter Waite Trust for the establishment of a public park or garden; and for related purposes.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Minister for Education and Children’s Services then moved - That this Bill be now read a second time.

Netherby

Kindergarten

(Variation of Waite

Trust) Bill.

 

 

                 The Minister Education and Children’s Services, without notice, moved - That Standing Orders be so far suspended as to enable the Netherby Kindergarten (Variation of Waite Trust) Bill to pass through its remaining stages without delay.

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

                 Debate ensued.

                 Question put and passed.

                 Bill read a second time.

Suspension

of Standing

Orders.

 

                 The President ruled that this Bill was a Hybrid Bill and must be referred to a Select Committee, pursuant to Standing Order No. 268.

President’s Ruling.

 

 

                 The Minister for Education and Children’s Services moved - That the Select Committee consist of the Hon. M. J. Elliott, the Hon. B.S.L. Pfitzner, the Hon. C. A. Pickles, the Hon. G. Weatherill and the mover.

                 Question put and passed.

Select Committee

appointed.

 

 

                 The Minister for Education and Children’s Services moved - That Standing Order No. 389 be so far suspended as to enable the Chairperson of the Committee to have a deliberative vote only.

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

                 The Minister for Education and Children’s Services moved - That this Council permits the Select Committee to authorise the disclosure or publication, as it thinks fit, of any evidence presented to the Committee prior to such evidence being reported to the Council.

                 Question put and passed.

Suspension

of Standing

Order.

 

                 The Minister for Education and Children’s Services moved - That Standing Order No. 396 be suspended to enable strangers to be admitted when the Select Committee is examining witnesses unless the Committee otherwise resolves, but they shall be excluded when the Committee is deliberating.

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

                 The Minister for Education and Children’s Services moved - That the Select Committee have power to send for persons, papers and records, to adjourn from place to place, and to report on Tuesday, 4 March 1997.

                 Question put and passed.

 

Suspension

of Standing

Order.

11.

Ordered - That Order of the Day (Government Business) No. 1 be postponed and taken into consideration on motion.

 

Postponement

of Business.

12.

The Attorney-General brought up the Report of the Select Committee on the RSL Memorial Hall Trust Bill, together with Minutes of Proceedings and Evidence.

                 Ordered - That the Report be printed.  (Paper No. 201)

RSL Memorial

Hall Trust

Bill.

 

                 The Attorney-General, without notice, moved - That the Standing Orders be so far suspended as to enable the RSL Memorial Hall Trust Bill to be recommitted forthwith to a Committee of the Whole Council.

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

                 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. 4 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.

 

Suspension

of Standing

Orders.

13.

Ordered - That Orders of the Day (Government Business) No. 2 and No. 3 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

14.

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

                 Debate resumed.

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

 

 

Electoral

(Miscellaneous)

Amendment

Bill.

15.

Ordered - That Order of the Day (Government Business) No. 5 be an Order of the Day for next day of sitting.

 

Postponement

of Business.

16.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Criminal Law Consolidation (Self Defence) Amendment Bill.

 

In the Committee

 

                          Clause No. 1 agreed to.

                          Clause No. 2 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.

 

Criminal Law Consolidation

(Self Defence) Amendment

Bill.

17.

Ordered - That Order of the Day (Government Business) No. 7 be an Order of the Day for next day of sitting.

 

Postponement

of Business.

18.

On the Order of the Day being read for the adjourned debate on the question - That the Associations Incorporation (Miscellaneous) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. J. F. Stefani, the debate was adjourned until next day of sitting.

 

Associations Incorporation (Miscellaneous)

Amendment Bill.

19.

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

                 Debate resumed.

                 And the Hon. T. G. Roberts having obtained leave to conclude his remarks, the debate was adjourned until next day of sitting.

 

Water Resources

Bill.

20.

The Attorney-General, according to order, moved - That the Alice Springs to Darwin Railway Bill be now read a second time.

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

 

Alice Springs

to Darwin

Railway Bill.

21.

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

 

Postponement

of Business.

22.

Council adjourned at four 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. 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