[SOUTH AUSTRALIA]

No. 17

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  25  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.

Answers to Questions on Notice Nos. 10, 43, 48 and 94 received this day were tabled by the President who directed that they be distributed and printed in Hansard.

 

Answers to

Questions on

Notice.

 

   3.

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

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

                 Response to Recommendations of Environment, Resources and Development
Committee - Waste Management Practices in South Australia.

 

Paper.

   4.

The Hon. A. J. Redford brought up the Report of the Legislative Review Committee, 1996-97.

 

Legislative

Review

Committee -

Report, 1996-97.

 

   5.

The Hon. A. J. Redford brought up the Eighth Report, 1997-98 of the Legislative Review Committee.

 

Legislative

Review

Committee -

Eighth Report

1997-98.

 

   6.

The Attorney-General (The Hon. K. T. Griffin) tabled a copy of a Ministerial Statement made by the Minister for Government Enterprises (The Hon. M. H. Armitage, M.P.) concerning the Status of Playford B Power Station.

 

Paper

Tabled.

   7.

The Attorney-General tabled a copy of a Ministerial Statement made by the Minister for Government Enterprises concerning the Appointments of Consultants for SA TAB, Lotteries Commission of South Australia and Ports Corporation Scoping Reviews.

 

Paper

Tabled.

   8.

The Treasurer (The Hon. R. I. Lucas), without notice, moved - That the Standing Orders be so far suspended as to enable Question Time to be extended until twenty minutes past three 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.

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

 

Statements

on Matters

of Interest.

 

10.

The Hon. R. R. Roberts, pursuant to notice, moved - That the Regulations under the Fisheries Act 1982 concerning Lobster Pots, made on 28 August 1997 and laid on the Table of this Council on 2 December 1997, be disallowed.

                 And the Hon. R. R. Roberts having obtained leave to conclude his remarks, the debate was adjourned until Wednesday, 27 May 1998.

 

Fisheries Act 1982 -

Regulations -

Lobster Pots -

Motion for disallowance of.

 

11.

The Hon. M. J. Elliott, pursuant to notice, moved - That the Principal Regulations under the Technical and Further Education Act 1975, made on 28 August 1997 and laid on the Table of this Council on 2 December 1997, be disallowed.

                 On motion of the Hon. R. R. Roberts, the debate was adjourned until Wednesday, 27 May 1998.

 

Technical and

Further Education

Act 1975 - Principal Regulations -

Motion for disallowance of.

 

12.

The Hon. C. Zollo, pursuant to notice, moved - That this Council congratulates the Glendi Festival Chairman (Mr. George Kavelaros), the 1998 Festival Co-ordinator (Mr. Peter Louca, J.P.) and the Organising Committee of the 21st Annual Glendi Greek Festival and expresses its appreciation of the wonderful contribution the Festival makes to South Australia.

                 On motion of the Hon. P. Holloway, the debate was adjourned until Wednesday, 27 May 1998.

 

Glendi  Greek

Festival -

Motion re.

13.

The Hon. T. G. Cameron, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to regulate prostitution; and to amend the Criminal Law Consolidation Act 1935 and the Summary Offences Act 1953.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. T. G. Cameron then moved - That this Bill be now read a second time.

                 On motion of the Hon. C. A. Pickles, the debate was adjourned until Wednesday, 27 May 1998.

 

Prostitution

Bill.

14.

The Hon. A. J. Redford, pursuant to notice, moved - That the Report of the Legislative Review Committee, 1996-97 be noted.

                 On motion of the Hon. P. Holloway, the debate was adjourned until Wednesday, 27 May 1998.

 

Legislative

Review

Committee -

Report, 1996-97

to be noted -

Motion re.

 

15.

Ordered - That Orders of the Day (Private Business) No. 1 to No. 21, Notices of Motion (Government Business) No. 1 to No. 3 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.

16.

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.

                 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. 4 agreed to.

                          Clause No. 5 amended and agreed to.

                          Clause No. 6 read.

                 Question - That the clause stand as printed - put.

Road Traffic

(School Zones)

Amendment Bill.

 

 

           Committee divided:

 

 

Ayes, 12.

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. S. M. Kanck

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, 9.

The Hon. T. G. Cameron

The Hon. T. Crothers

The Hon. P. Holloway

The Hon. R. R. Roberts

The Hon. T. G. Roberts

The Hon. G. Weatherill

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. C. A. Pickles (Teller)

 

 

 

        So it passed in the affirmative.

                          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 with an amendment; whereupon the Council adopted such report.

                 The Minister for Transport and Urban Planning, 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.

 

 

17.

At twelve 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.

 

18.

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.

Suspension of Standing Orders.

 

 

                 The Attorney-General, without notice moved - That he have leave to introduce a Bill for an Act to amend the Statutes Amendment (Consumer Affairs) Act 1998.

                 Question put and passed.

 

Leave to

Introduce

a Bill.

 

19.

On the Order of the Day being read for the Report of the Select Committee on Outsourcing of State Government Services to be brought up:

                 Ordered - That the time for bringing up the Report be extended until Wednesday, 22 July 1998.

 

Select Committee

on Outsourcing of

State Government Services.

 

20.

On the Order of the Day being read for the adjourned debate on the motion of the Hon.
C. A. Pickles - That this Council, on behalf of the public of South Australia, congratulates -

         I.      Artistic Director, Robyn Archer, and her team on an outstandingly successful 1998 Adelaide Festival which was not only an artistic success, but a financial and popular one; and

        II.      The organisers of Writers’ Week, Artists’ Week and the Fringe Festival on their success and their excellent contribution to the artistic and cultural life of this State.

         Which the Minister for Transport and Urban Planning had moved to amend by leaving out all words after “South Australia” and inserting the following:

       “I.      Congratulates the Artistic Director of the 1998 Telstra Adelaide Festival, Robyn Archer, the Chairman and Board, the General Manager and all the Festival management team, as well as the Writers’ Week and Artists’ Week Committees, on the outstanding artistic, financial and popular success of the Festival;

        II.      Congratulates the 1998 Adelaide Fringe Festival on its popular success and contribution to the cultural life of this State; and

       III.      Acknowledges the increase in State Government funds to both the Telstra Adelaide Festival and the Adelaide Fringe Festival in 1998 which enabled more South Australian artists, companies and writers to participate and helped attract increased levels of private sector sponsorship.”:

                   Debate resumed.

                   Question - That the words proposed to be struck out by the Minister for Transport and Urban Planning stand part of the motion - put and negatived.

                   Question - That the words proposed to be inserted by the Minister for Transport and Urban Planning be so inserted - put and passed.

                   Question - That the motion moved by the Hon. C. A. Pickles and as amended by the Minister for Transport and Urban Planning, be agreed to - put and passed.

 

1998 Adelaide

Festival Success - Motion re.

21.

Ordered - That Order of the Day (Private Business) No. 3 be an Order of the Day for Wednesday,
27 May 1998.

 

Postponement

 of Business.

 

22.

On the Order of the Day being read for the adjourned debate on the motion of the Hon.
M. J. Elliott -

         I.      That on Wednesday, 1 April 1998, at 2.15 p.m. the Council meets for the purpose only of resolving itself into a Committee of the Whole to consider the Auditor-General’s Report, 1996-97;

        II.      That pursuant to Standing Order No. 429, the President summons the Auditor-General to attend in the Legislative Council at the aforementioned time; and

       III.      That Standing Orders be so far suspended to enable the Auditor-General to be accommodated on the floor of the Chamber to answer questions:

           Debate resumed.

                 Question put and negatived.

 

Auditor-General’s

Attendance

in Council -

Motion re.

23.

On the Order of the Day being read for the adjourned debate on the motion of the Treasurer - That the Report of the Auditor-General, 1996-97 be noted:

                 Debate resumed.

                 On motion of the Hon. J. F. Stefani, the debate was adjourned until Wednesday, 27 May 1998.

 

Report of the

Auditor-General,

1996-97

to be noted -

Motion re.

24.

Ordered - separately - That Orders of the Day (Private Business) No. 6 to No. 12 be Orders of the Day for Wednesday, 27 May 1998.

 

Postponement

of Business.

25.

Ordered - That Order of the Day (Private Business) No. 13 be postponed and taken into consideration on motion.

 

Postponement

of Business.

26.

Ordered - separately - That Orders of the Day (Private Business) No. 14 to No. 16 be Orders of the Day for Wednesday, 27 May 1998.

 

Postponement

of Business.

27.

On the Order of the Day being read for the adjourned debate on the motion of the Hon.
C. A. Pickles -

         I.      That a Select Committee of the Legislative Council be established on the Voluntary Euthanasia Bill 1997;

        II.      That Standing Order No. 389 be so far suspended as to enable the Chairperson of the Committee to have a deliberative vote only;

       III.      That this Council permits the Select Committee to authorise the disclosure or publication, as it thinks fit, of any evidence or documents presented to the Committee prior to such evidence being reported to the Council;

       IV.      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; and

        V.      That the Minutes of Proceedings and Evidence to the Legislative Council Select Committee on the Voluntary Euthanasia Bill 1997 be referred to the Select Committee.

          Debate resumed.

          The Hon. C. V. Schaefer moved to amend the motion as follows:

Voluntary

Euthanasia

Bill 1997 -

Motion for

Select

Committee.

 

        Leave out Paragraphs I to IV and insert -

       “I.      That the Voluntary Euthanasia Bill 1997 be referred to the Social Development Committee for inquiry and report.”

        Leave out Paragraph V and insert -

      “II.      That the Minutes of Evidence to the Legislative Council Select Committee on the Voluntary Euthanasia Bill 1997 be referred to the Social Development Committee.”:

          Debate resumed.

          Question - That Paragraphs I to IV stand part of the motion - put.

           Committee divided:

 

 

Ayes, 10.

The Hon. T. Crothers

The Hon. J.S.L. Dawkins

The Hon. M. J. Elliott

The Hon. I. Gilfillan

The Hon. P. Holloway

The Hon. S. M. Kanck

The Hon. D. V. Laidlaw

The Ho n. T. G. Roberts

The Hon. G. Weatherill

The Hon. C. A. Pickles (Teller)

 

Noes,11.

The Hon. T. G. Cameron

The Hon. L. H. Davis

The Hon. K. T. Griffin

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. R. R. Roberts

The Hon. J. F. Stefani

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. C. V. Schaefer (Teller)

 

 

        So it passed in the negative.

                 Question - That new Paragraph I, as proposed to be inserted, be so inserted - put and passed.

                 Question - That Paragraph V stand part of the motion - put and negatived.

                 Question - That new Paragraph II, as proposed to be inserted be so inserted - put and passed.

                 Question - That the motion moved by the Hon. C. A. Pickles and as amended by the Hon.
C. V. Schaefer, be agreed to - put and passed.

 

 

28.

Ordered - That Order of the Day (Private Business) No. 18 be an Order of the Day for next day of sitting.

 

Postponement

of Business.

29.

The Hon. M. J. Elliott, according to order, moved - That he have leave to introduce a Bill for an Act to amend the Public Finance and Audit Act 1987.

                 Question put and passed.

 

Leave to

Introduce

a Bill.

30.

Ordered - separately - That Orders of the Day (Private Business) No. 20 and No. 21 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

  31.

Ordered - That the adjourned debate on the question - That the Retail and Commercial Leases (Term of Lease and Renewal) Amendment  Bill be now read a second time - be now resumed.

                 Debate resumed.

                 On motion of the Hon. C. Zollo, the debate was adjourned until Wednesday, 27 May 1998.

 

Retail and

Commercial Leases

(Term of Lease

and Renewal)

Amendment Bill.

 

32.

The Hon. M. J. Elliott, pursuant to leave granted this day, introduced a Bill for an Act to amend the Public Finance and Audit Act 1987.

                 Bill introduced and read a first time.

                 The Hon. M. J. Elliott then moved - That this Bill be now read a second time.

                 On motion of the Hon. P. Holloway, the debate was adjourned until Wednesday, 27 May 1998.

 

Public Finance

and Audit (Appointment of

Auditor-General

and Reports) Amendment Bill.

33.

The Attorney-General, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Criminal Law (Sentencing) Act 1988, the Summary Procedures Act 1921 and the Young Offenders Act 1993.

                 Question put and passed.

                 Bill introduced and 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.

 

Statutes

Amendment

(Young

Offenders) Bill.

34.

The Attorney-General, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to reform the law relating to bills of lading, sea waybills and ships’ delivery orders and to amend the Mercantile Law Act 1936.

                 Question put and passed.

                 Bill introduced and 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.

 

Sea-Carriage Documents

Bill.

35.

The Attorney-General, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to Liquor Licensing Act 1997.

                 Question put and passed.

                 Bill introduced and 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.

 

Liquor

Licensing

(Licence Fees) Amendment

Bill.

36.

The Attorney-General, pursuant to leave granted this day, introduced a Bill for an Act to amend the Statutes Amendment (Consumer Affairs) Act 1998.

                 Bill introduced and 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.

 

Statutes

Amendment (Consumer Affairs) Amendment Bill.

 

37.

Ordered - That Orders of the Day (Government Business) No. 1 and No. 2 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

38.

Ordered - That Orders of the Day (Government Business) No. 3 and No. 4 and No. 6 and No. 7 be postponed and taken into consideration after Orders of the Day (Government Business) No. 8.

 

Postponement

of Business.

39.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Technical and Further Education (Industrial Jurisdiction) Amendment Bill.

 

In the Committee

 

                          Clause No. 1 agreed to.

                          Clause No. 2 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 an 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.

 

Technical and

Further Education (Industrial Jurisdiction) Amendment Bill.

 

40.

Ordered - That Orders of the Day (Government Business) No. 3 and No. 4, No. 6 and No. 7 and
No. 9 to No. 12 be postponed and taken into consideration after Order of the Day (Government Business) No. 13.

 

Postponement

of Business.

41.

On the Order of the Day being read for the adjourned debate on the question - That the Petroleum Products Regulation (Licence Fees and Subsidies) 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. 20 agreed to.

                          Clause No. 21 amended and agreed to.

                          Clauses No. 22 to No. 28 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.

 

Petroleum

Products

Regulation

(Licence Fees

and Subsidies) Amendment Bill.

 

42.

Ordered - That Orders of the Day (Government Business) No. 3 and No. 4, No. 6 and No. 7 and
No. 9 be postponed and taken into consideration after Order of the Day (Government Business) No. 10.

 

Postponement

of Business.

43.

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.

_____________________

 

And it being twelve of the clock:

THURSDAY 26 MARCH 1998

_____________________

 

                 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.

                          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.

 

Supply

Bill.

44.

Ordered - That the remaining Orders of the Day be Orders of the Day for next day of sitting.

 

Postponement

of Business.

 

45.

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

Message No. 54

MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Road Traffic Act 1961, 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, 24 March 1998.                                                                J.K.G. OSWALD, Speaker.

 

Messages from

House of Assembly:

Road Traffic

(Vehicle

Identifiers)

Amendment Bill.

 

 

Schedule of the amendment made by the House of Assembly

Clause 3, page 4, line 1 - After the words “A person must not” insert the words “, except in prescribed circumstances,”.

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

                          Ordered - That the Message be taken into consideration on next day of sitting.

 

 

 

Message No. 55

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Mining Act 1971, the Native Title (South Australia) Act 1994 and the Opal Mining Act 1995, without any amendment.

House of Assembly, 25 March 1998.                                                                J.K.G. OSWALD, Speaker.

 

Statutes

Amendment

(Native Title)

Bill.

 

Message No. 56

                 MR. PRESIDENT - The House of Assembly has agreed to the amendment made by the Legislative Council in the Children’s Services (Child Care) Amendment Bill, without any amendment.

House of Assembly, 25 March 1998.                                                                J.K.G. OSWALD, Speaker.

 

Children’s

Services

(Child Care)

Amendment Bill.

 

Message No. 57

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Tobacco Products Regulation Act 1997, without any amendment.

House of Assembly, 25 March 1998.                                                                J.K.G. OSWALD, Speaker.

 

Tobacco Products

Regulation

(Licence Fees)

Amendment Bill.

 

 

Message No. 58

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Police Superannuation Act 1990, without any amendment.

House of Assembly, 25 March 1998.                                                                J.K.G. OSWALD, Speaker.

 

Police

Superannuation

(Miscellaneous)

Amendment Bill.

 

 

Message No. 59

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Superannuation Act 1988, without any amendment.

House of Assembly, 25 March 1998.                                                                J.K.G. OSWALD, Speaker.

 

Superannuation

(Miscellaneous)

Amendment Bill.

 

 

Message No. 60

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Judges Pensions Act 1971, the Parliamentary Superannuation Act 1974, the Police Superannuation Act 1990 and the Superannuation Act 1988, without any amendment.

House of Assembly, 25 March 1998.                                                                J.K.G. OSWALD, Speaker.

 

Statutes

Amendment

(Adjustment of

Superannuation

Pensions) Bill.

46.

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

 

Next Day

of Sitting.

 

47.

Council adjourned at twenty nine minutes to one o’clock a.m. until today, at eleven o’clock a.m.

 

 

 

_________________________

 

 

 

 

 

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