[SOUTH AUSTRALIA]

No. 32

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

THURSDAY  25  MAY  2000

 

 

 

   1.

Council met pursuant to adjournment.  The President (The Hon. J. C. Irwin) took the Chair.

                 The President read prayers.

 

Meeting of

Council.

   2.

The Clerk announced that the following Petitions had been lodged for presentation:

                 By the Hon. K. T. Griffin from 72 residents of South Australia and by the Hon.
R. R. Roberts from 15 residents of South Australia concerning Prostitution and praying that the Council will strengthen the present law and ban all prostitution-related advertising to enable Police to suppress the prostitution trade more effectively.

Petitions -

No. 28 and No. 29 -

Prostitution.

 

 

                 By the Hon. S. M. Kanck from 464 residents of South Australia, concerning Native Title Rights for Indigenous South Australians and praying that this Council does not proceed with legislation that -

1.          Undermines or impairs the Native Title rights of indigenous South Australians; and

2.          Makes changes to Native Title unless there has been a genuine consultation process with all stakeholders, especially South Australia’s indigenous communities.

No. 30 -

Native Title Rights for Indigenous

South Australians.

 

 

                 By the Hon. C. V. Schaefer from 46 residents of South Australia concerning the Totalizator Agency Board and the Lotteries Commission of South Australia and praying that this Honourable House will ensure the Totalizator Agency Board and the Lotteries Commission of South Australia remain Government owned.

 

No. 31 -

TAB and Lotteries Commission of SA.

 

   3.

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

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

                 Reports -

                          Direction to Generation Lessor Corporation (GLC) - Execution of Sale Agreements - Optima Energy Pty. Ltd. - Ministerial Direction.

                          Direction to Generation Lessor Corporation (GLC) - Execution of Sale Agreements - Synergen Energy Pty. Ltd. - Ministerial Direction.

        By the Minister for Disability Services (The Hon. R. D. Lawson) -

                 Supported Residential Facilities Advisory Committee - Report, 1998-99.

 

Papers.

   4.

The Minister for Transport and Urban Planning (The Hon. D. V. Laidlaw) tabled a copy of a Ministerial Statement made by the Minister for Aboriginal Affairs (The Hon. D. C. Kotz, M.P.) concerning Reconciliation Week.

 

Paper Tabled.

   5.

The Attorney-General, by leave, tabled the following Papers:

         Budget Paper No. 1, 2000-2001 - Budget Speech.

         Budget at a Glance, 2000-2001 - Budget Paper.

         Budget Guide, 2000-2001 - Budget Paper.

         Budget Paper No. 2, 2000-2001 - Budget Statement.

         Budget Paper No. 3, 2000-2001 - Estimates Statement.

         Budget Paper No. 4, Volumes 1 and 2, 2000-2001 - Portfolio Statements.

         Budget Paper No. 5, 2000-2001 - Capital Investment Statement.

         Budget Paper No. 6, 2000-2001 - Employment Statement.

         Budget Paper No. 7, 2000-2001 - Regional Statement.

         Budget Paper, 2000-2001 - Uniform Financial Information South Australia.

 

Budget

Papers Tabled.

   6.

The Attorney-General, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the 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 (Miscellaneous) Amendment Bill.

   7.

The Attorney-General, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Controlled Substances Act 1984.

                 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.

 

Controlled

Substances (Drug Offence Diversion)

Amendment Bill.

   8.

On the Order of the Day being read for the adjourned debate on the question - That the Liquor Licensing (Regulated Premises) 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

 

                          Clause No. 1 read.

                 The Hon. N. Xenophon moved on page 1, line 10 to leave out “(Regulated Premises)” and insert “(Regulated Premises and Hotels Near Schools)”.

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

                          Clause No. 1 agreed to.

                          Clause No. 2 amended and agreed to.

                          Clause No. 3 agreed to.

                 The Hon. N. Xenophon moved on page 2, after line 8 to insert new clause as follows:

                  ‘Insertion of s. 53A

                          4.  The following section is inserted after section 53 of the principal Act:

                                        Applications resulting in hotel adjacent to school premises to be refused

                                                   53A. (1) The licensing authority cannot, after the commencement of this section, grant any application under this Act (whether made before or after that commencement) if to do so would result in a hotel being adjacent to school premises.

                                                   (2) However, this section does not apply in relation to an application for—

                                                   (a)     a temporary licence on the surrender or revocation of a hotel licence; or

                                                   (b)     revocation of the suspension of a hotel licence.

                                                   (3) The grant of an application in contravention of subsection (1) is void and of no effect.

                                                   (4) In this section—

                                                   "hotel" means premises that are subject to a hotel licence;

                                                   "school" means a kindergarten, primary school or secondary school.’

        Question - That new clause No. 4, as proposed to be inserted by the Hon. N. Xenophon, be so inserted - put and negatived.

                          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 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.

 

Liquor Licensing (Regulated

Premises) Amendment Bill.

   9.

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

                 Debate resumed.

                 Question put.

Committee divided:

Criminal Law Consolidation (Appeals)

Amendment Bill.

 

Ayes, 9.  

The Hon. T. G. Cameron

The Hon. T. Crothers

The Hon. J.S.L. Dawkins

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. A. J. Redford

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. K. T. Griffin (Teller)

Noes, 8.

The Hon. M. J. Elliott

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. R. R. Roberts

The Hon. T. G. Roberts

The Hon. G. Weatherill

The Hon. N. Xenophon

The Hon. P. Holloway (Teller)

 

 

 

        So it was resolved in the affirmative.

                 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.

                          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.

                 The Attorney-General then moved - That this Bill be now read a third time.

                 Question put.

Committee divided:

 

.

Ayes, 9.

The Hon. T. G. Cameron

The Hon. T. Crothers

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. R. D. Lawson

The Hon. A. J. Redford

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. K. T. Griffin (Teller)

Noes, 8.

The Hon. M. J. Elliott

The Hon. I. Gilfillan

The Hon. P. Holloway

The Hon. S. M. Kanck

The Hon. T. G. Roberts

The Hon. G. Weatherill

The Hon. N. Xenophon

The Hon. R. R. Roberts (Teller)

 

 

So it was resolved in the affirmative.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

 

10.

Ordered - That Orders of the Day (Government Business) No. 3 to No. 8 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

11.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Young Offenders (Publication of Information) Amendment Bill.

 

In the Committee

 

                          Clause No. 1 further considered and agreed to.

                          Clause No. 2 agreed to.

                          Clause No. 3 amended and agreed to.

                          Title agreed to.

_____________________

 

Young Offenders (Publication of Information) Amendment Bill.

 

                 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.

                 The Attorney-General then moved - That this Bill be now read a third time.

                 Question put.

Committee divided:

 

 

Ayes, 9.

The Hon. T. G. Cameron

The Hon. T. Crothers

The Hon. J.S.L. Dawkins

The Hon. D. V. Laidlaw

The Hon. A. J. Redford

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. N. Xenophon

The Hon. K. T. Griffin (Teller)

Noes, 6.

The Hon. M. J. Elliott

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. T. G. Roberts

The Hon. G. Weatherill

The Hon. R. R. Roberts (Teller)

 

 

So it was resolved in the affirmative.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

 

12.

Ordered - That an Order of the Day (Government Business) No. 10 be an Order of the Day for next day of sitting.

 

Postponement

of Business.

13.

Ordered - That Order of the Day (Government Business) No. 11 be postponed and taken into consideration after Order of the Day (Government Business) No. 20.

 

Postponement

of Business.

14.

Ordered - That Orders of the Day (Government Business) No. 12 to No. 19 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

15.

On the Order of the Day being read for the adjourned debate on the question - That the Juries (Separation) 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.

 

Juries

(Separation) Amendment

Bill.

16.

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

                 Debate resumed.

                 On motion of the Hon. S. M. Kanck, the debate was adjourned until next day of sitting.

 

Development

(System Improvement Program) Amendment Bill.

 

17.

The following Message from the House of Assembly was received and read:

Message No. 61

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Criminal Law Consolidation Act 1935; and to make a related amendment to the Summary Offences Act 1953, with the amendments indicated by the annexed Schedule, to which amendments the House of Assembly desires the concurrence of the Legislative Council.

House of Assembly, 25 May 2000.                                                                    J.K.G. OSWALD, Speaker.

 

Message from

House of Assembly.

Criminal Law Consolidation

(Sexual Servitude) Amendment Bill.

 

Schedule of the amendments made by the House of Assembly

No. 1.       Long Title - Leave out “a related amendment to” and insert “related amendments to the Criminal Assets Confiscation Act 1996 and”.

No. 2.       Schedule - Leave out the heading and insert:

SCHEDULE

                                            Related Amendments

Amendment of Criminal Assets Confiscation Act 1996

1.   The Criminal Assets Confiscation Act 1996 is amended by inserting before subparagaph (i) of paragraph (c) of the definition of “local forfeiture offence” in section 3 the following subparagaph and redesigning subparagraph (i) and the other subparagraphs of that paragraph as (ii), (iii), (iv), (v), (vi) and (vii) respectively:

           (i)   section 68(3)1 of the Criminal Law Consolidation Act 1935;

1.  Section 68(3) of the Criminal Law Consolidation Act 1935 makes it an offence to -

·       have an arrangement with a child who provides commercial sexual services under which the person receives, on a regular or systematic basis, the proceeds, or a share in the proceeds, of commercial sexual services provided by the child; or

·       exploit a child by obtaining money knowing it to be the proceeds of commercial sexual services provided by the child.

Amendment of Summary Offences Act 1953

2.

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

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

 

 

18.

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

 

Postponement

of Business.

19.

Council adjourned at four minutes to six o’clock until Tuesday next, 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. 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