SOUTH AUSTRALIA]

No. 50

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  25  JULY  2001

 

 

 

   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 Paper was laid upon the Table, viz.:

        By the President -

                 Interim Report of the Auditor-General on the Hindmarsh Stadium Redevelopment Project.

 

Paper.

 

   3.

The Hon. A. J. Redford brought up the Twenty-sixth Report, 2000-2001 of the Legislative Review Committee.

 

 

Legislative
Review
Committee –
Twenty-sixth Report,
2000-2001.

 

   4.

The Hon. J. F. Stefani brought up the Interim Report of the Select Committee on the Future of the Queen Elizabeth Hospital.

                 Ordered - That the Interim Report be printed.  (Paper No. 224)

 

Select Committee
on the Future of
the Queen Elizabeth
Hospital -
Interim Report.

 

 

   5.

The President called on Members to make Statements on Matters of Interest.

 

Statements
on Matters
of Interest.

 

   6.

Ordered - That Notice of Motion (Private Business) No. 1 be an Order of the Day for Wednesday, 26 September 2001.

 

Postponement
of Business.

 

   7.

The Hon. P. Holloway, pursuant to notice, moved - That, upon presentation to the Attorney-General of a copy of the report of Mr. D. Clayton, Q.C. into issues surrounding Mr. J.M.A. Cramond’s inquiry regarding Motorola, the Attorney-General shall, that same day, pass the report to the President of the Legislative Council who shall, within one day of receipt, table the report or, if the Council is not sitting or the Parliament has been prorogued, publish and distribute such a report.

                 On motion of the Hon. L. H. Davis, the debate was adjourned until next day of sitting.

 

Report of
Mr. D. Clayton, Q.C.
into issues surrounding Mr. J.M.A. Cramond’s inquiry regarding Motorola to be published and distributed -
Motion re.

 

 

   8.

Ordered - That Orders of the Day (Private Business) No. 1 to No. 4 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

   9.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. J.S.L. Dawkins - That the Report of the Environment, Resources and Development Committee concerning Urban Tree Protection, be noted:

                 Debate resumed.

                 Question put and passed.

 

Environment, Resources and Development Committee -
Report on Urban Tree Protection
to be noted -
Motion re.

 

 

10.

Ordered - That Order of the Day (Private Business) No. 6 be postponed and taken into consideration on motion.

 

Postponement
of Business.

 

11.

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

 

Postponement
of Business.

 

12.

Ordered - That Order of the Day (Private Business) No. 8 be postponed and taken into consideration on motion.

 

Postponement
of Business.

 

13.

Ordered - That Order of the Day (Private Business) No. 9 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

 

14.

Ordered - That Order of the Day (Private Business) No. 10 be postponed and taken into consideration on motion.

 

Postponement
of Business.

 

15.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. M. J. Elliott - That the Legislative Council urges the South Australian Government to provide assistance to those horticulturalists whose crops were damaged by Benlate, but have been unable to reach a settlement with DuPont.

                 Which the Hon. T. G. Roberts had moved to amend by leaving out all words after “the South Australian Government” and inserting “to investigate the circumstances surrounding horticulturalists whose crops were affected by Benlate with the intention of offering appropriate assistance”:

                 Debate resumed.

                 On motion of the Hon. C. Zollo, the debate was adjourned and ordered to be resumed on motion.

 

Horticulturalists'
Crops damaged
by Benlate -
State  Government
to provide
assistance -
Motion re.

 

 

16.

Ordered - That Order of the Day (Private Business) No. 12 be discharged.

 

Business
Discharged

 

 

17.

Ordered - That Order of the Day (Private Business) No. 13 be discharged.

 

Business
Discharged

 

 

18.

Ordered - That Order of the Day (Private Business) No. 14 be discharged.

 

Business
Discharged

 

 

19.

Ordered - That Order of the Day (Private Business) No. 15 be discharged.

 

Business
Discharged

 

 

20.

Ordered - separately - That Orders of the Day (Private Business) No. 16 to No. 19 be postponed and taken into consideration on motion.

 

Postponement
of Business.

 

21.

Ordered - That Order of the Day (Private Business) No. 20 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

 

22.

Ordered - That Order of the Day (Private Business) No. 21 be discharged.

 

Business
Discharged

 

 

23.

Ordered - That Order of the Day (Private Business) No. 22 be discharged.

 

Business
Discharged

 

 

24.

Ordered - That Order of the Day (Private Business) No. 23 be discharged.

 

Business
Discharged

 

 

25.

The Hon. A. J. Redford, pursuant to notice, moved - That the Regulations under the Fisheries Act 1982, concerning River Murray - Taking Native Fish, made on 22 June 2000 and laid on the Table of this Council on 27 June 2000, be disallowed.

                 Debate ensued.

                 Ordered - That the Order of the Day be discharged.

 

Fisheries Act 1982 -
Regulations -
River Murray -
Taking Native Fish -
Motion for
disallowance of.

Business
Discharged.

 

 

26.

On the Order of the Day being read for the adjourned debate on the motion of the Hon.
A. J. Redford - That the Report of the Legislative Review Committee concerning the Allocation of Recreational Rock Lobster Pots, be noted:

                 Debate resumed.

                 Question put and passed.

 

Legislative Review
Committee -
Report on the
Allocation of
Recreational Rock
Lobster Pots
be noted -
Motion re.

 

 

27.

Ordered - separately - That Orders of the Day (Private Business) No. 26 and No. 27 be postponed and taken into consideration on motion.

 

Postponement
of Business.

 

28.

On the Order of the Day being read for the adjourned debate on the question - That the Development (Adult Book/Sex Shops) 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 agreed to.

                          Clause No. 2 read.

                 The Hon. T. G. Cameron moved on page 3, line 14, to leave out “until 1 July 2002” and on page 3, line 15, to leave out “, on or after 1 July 2002,”.

                          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.

 

Development
(Adult Book/Sex
Shops)
Amendment Bill.

 

 

29.

Ordered - That Order of the Day (Private Business) No. 29 be postponed and taken into consideration on motion.

 

Postponement
of Business.

 

30.

Ordered - That Order of the Day (Private Business) No. 30 be an Order of the Day for Wednesday, 26 September 2001.

 

Postponement
of Business.

 

31.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Development (Adult Book/Sex Shops) Amendment Bill.

 

In the Committee

 

                 Clause No. 2 which the Hon. T. G. Cameron had moved to amend on page 3, line 14, by leaving out “until 1 July 2002” and on page 3, line 15, by leaving out “, on or after 1 July 2002,” - further considered.

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

                          Clause No. 2, as amended, 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 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.

 

Development
(Adult Book/Sex
Shops)
Amendment Bill.

 

 

32.

Ordered - That Order of the Day (Private Business) No. 31 be postponed and taken into consideration on motion.

 

Postponement
of Business.

 

33.

Ordered - That Order of the Day (Private Business) No. 32 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

 

34.

Ordered - That Order of the Day (Private Business) No. 33 be an Order of the Day for Wednesday, 26 September 2001.

 

Postponement
of Business.

 

35.

Ordered - separately - That Orders of the Day (Private Business) No. 34 and No. 35 be postponed and taken into consideration on motion.

 

Postponement
of Business.

 

36.

On the Order of the Day being read for the adjourned debate on the question - That the Genetically Modified Material (Temporary Prohibition) Bill be now read a second time:

                 Debate resumed.

                 Question put and passed.

                 Bill read a second time.

                 Ordered - That the Bill’s consideration in Committee be postponed and taken into consideration on motion.

 

Genetically
Modified Material (Temporary
Prohibition) Bill.

 

 

37.

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.

 

 

38.

The Hon. M. J. Elliott, according to order, having obtained leave to move a motion in an amended form, moved - That he have leave to introduce a Bill for an Act to amend the Environment Protection Act 1993; and to make consequential amendments to the Development Act 1993, the Protection of Marine Waters (Prevention of Pollution from Ships) Act 1987 and the Public and Environmental Health Act 1987.

                 Question put and passed.

                 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. J.S.L. Dawkins, the debate was adjourned until Wednesday, 26 September 2001.

 

Environment
Protection
(Miscellaneous)
Amendment Bill.

 

39.

Ordered - separately - That Orders of the Day (Private Business) No. 37 and No. 39 be postponed and taken into consideration on motion.

 

Postponement
of Business.

 

40.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. N. Xenophon -

              I.      That a Select Committee be established to inquire into and make recommendations on the role and adequacy of Government-funded national broadcasting and to examine the impact of these broadcasters on the South Australian economy and community, and in particular to examine -

                       (a)     The current and long-term distribution of Government-funded national broadcasting resources and the effect of this distribution on South Australia;

                       (b)     The effects on industry, including broadcasting, film and video production and multimedia;

                       (c)     The effects on the arts and cultural life in South Australia, including whether Government-funded national broadcasters adequately service South Australia;

                       (d)     Whether Government-funded national broadcasters adequately service South Australia in respect of South Australian current affairs coverage;

                       (e)     The programming mix available from Government-funded national broadcasters and how programming decisions are made and whether the programming which is delivered is geographically balanced.

             II.      That Standing Order No. 389 be 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.:

 

Role and Adequacy
of Government-
funded National
Broadcasting -
Appointment of
Select Committee -
Motion re.

 

 

 

                 Which the Minister for Transport and Urban Planning had moved to amend by leaving out all words after “That” in line 1 and inserting the following:

                       “this Council registers its concern with the Commonwealth Government and national broadcasters regarding the role and adequacy of Government-funded national broadcasting and the related allocation of resources on the South Australian economy and community and, in particular, the effect of the distribution of resources on -

                       (a)     the broadcasting, film and video production and multi media industries;

                       (b)     the arts and cultural life in South Australia;

                       (c)     our rural communities in terms of service delivery and jobs; and

                       (d)     current affairs coverage generally.

             II.      That this Council seeks confirmation from the Commonwealth Government regarding the programming mix from Government-funded national broadcasters, including how programming decisions are made and whether the programming which is delivered is geographically balanced.

            III.      That this motion be forwarded to the Commonwealth Minister for Communications, Information Technology and the Arts’ attention, and the Prime Minister and all South Australian Members of the Commonwealth Parliament, for information.”

                 Which the Hon. S. M. Kanck had moved to amend by leaving out all words after the word “That” in line 1 and inserting:

                       “this Council voices its utmost concern at the totally inadequate allocation of resources by the ABC to the production in South Australia of:

                       (a)     current affairs programs, especially in regard to its associated impact on rural communities; and

                       (b)     broadcasting, film, video production and new media and the effect this lack of production has upon the arts and cultural life in South Australia.

             II.      That this Council seeks from the Minister -

                       (a)     a detailed breakdown of ABC budget expenditure in each State and Territory, both in gross terms and as a per capita figure;

                       (b)     information as to how programming decisions are made and whether the programming delivered is geographically balanced; and

(c)        an explanation as to how the Minister reconciles the current situation in the light of the national identity requirement in the ABC’s Charter, and in light of section 2.3.3 of the ABC’s editorial policies.

            III.      That this motion be forwarded for the attention of the Commonwealth Minister for Communications, Information Technology and the Arts and for information of the Prime Minister and all South Australian Members of the Commonwealth Parliament.”:

                 Debate resumed.

                 Question - That the words proposed to be struck out by the Minister for Transport and Urban Planning and the Hon. S. M. Kanck, stand part of the motion - put.

 

 

 

              Council divided:

Ayes, 7

The Hon. T. G. Cameron

The Hon. P. Holloway

The Hon. C. A. Pickles

The Hon. R. R. Roberts

The Hon. T. G. Roberts

The Hon. C. Zollo

The Hon. N. Xenophon (Teller)

 

 

 

 

 

      So it passed in the negative.

 

Noes, 12

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. 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)

 

 

 

 

                 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. N. Xenophon, and as amended by the Minister for Transport and Urban Planning, be agreed to - put and passed.

 

 

 

41.

Ordered - That Order of the Day (Private Business) No. 41 be an Order of the Day for Wednesday, 26 September 2001.

 

Postponement
of Business.

 

42.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. N. Xenophon - That the Regulations under the Lotteries and Gaming Act 1936 concerning Interpretation Variation, made on 17 August 2000 and laid on the Table of this Council on 4 October 2000, be disallowed:

                 Debate resumed.

                 Question put and negatived.

 

Lotteries and
Gaming  Act -
Regulations –
Interpretation
Variation -
Motion for disallowance of.

 

43.

Ordered - That Order of the Day (Private Business) No. 43 be postponed and taken into consideration on motion.

 

Postponement
of Business.

 

44.

Ordered - That Order of the Day (Private Business) No. 44 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

 

45.

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

                 Debate resumed.

Constitution
(Parliamentary
Terms)
Amendment Bill.

 

 

                 The President having counted the Council in accordance with Standing Order No. 282: and there being present an absolute majority of the whole number of the Members of the Council:

                 Question put: and there being no dissentient voice, it was resolved in the affirmative.

                 Bill read a second time.

                 Ordered - That the Bill’s consideration in Committee be postponed and taken into consideration on next day of sitting.

 

S.O. 282 -
Absolute Majority.

 

46.

The Minister for Disability Services (The Hon. R. D. Lawson), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Freedom of Information Act 1991; and to make consequential amendments to the Local Government Act 1934 and the Roxby Downs (Indenture Ratification) Act 1982.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Minister for Disability Services then moved - That this Bill be now read a second time.

                 On motion of the Hon. C. A. Pickles , the debate was adjourned until next day of sitting.

 

Freedom of
Information
(Miscellaneous)
Amendment Bill.

 

47.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 11 be postponed and taken into consideration after Order of the Day (Government Business) No. 12.

 

Postponement
of Business.

 

48.

On the Order of the Day being read for the adjourned debate on the question - That the Appropriation 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. 8 agreed to.

                          Schedule 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.

 

Appropriation
Bill.

 

49.

Ordered - separately - That Orders of the Day (Government Business) No. 1 to No. 9 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

50.

Ordered - That Order of the Day (Government Business) No. 10 be postponed and taken into consideration on motion.

 

Postponement
of Business.

 

  51.

Ordered - That the adjourned debate on the question - That the Dignity in Dying Bill be now read a second time - be now resumed.

                 Debate resumed.

                 Question put.

Dignity in
Dying Bill.

 

 

              Council divided:

Ayes, 10

The Hon. T. G. Cameron

The Hon. T. Crothers

The Hon. J.S.L. Dawkins

The Hon. M. J. Elliott

The Hon. D. V. Laidlaw

The Hon. C. A. Pickles

The Hon. A. J. Redford

The Hon. R. K. Sneath

The Hon. N. Xenophon

The Hon. S. M. Kanck (Teller)

      So it was resolved in the affirmative.

 

Noes, 9

The Hon. L. H. Davis

The Hon. I. Gilfillan

The Hon. K. T. Griffin

The Hon. P. Holloway

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. R. R. Roberts

The Hon. J. F. Stefani

The Hon. C. Zollo (Teller)

 

 

 

 

                 Bill read a second time.

                 Ordered - That the Bill’s consideration in Committee be postponed and taken into consideration on next day of sitting.

 

 

 

52.

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

                 Debate resumed.

                 On motion of the Hon. L. H. Davis, the debate was adjourned until next day of sitting.

 

Medical Practice
Bill.

 

  53.

Ordered - That the adjourned debate on the question - That the Food Bill be now read a second time - be now resumed.

                 Debate resumed.

                 On motion of the Hon. L. H. Davis, the debate was adjourned until next day of sitting.

 

Food Bill.

 

54.

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

Message No. 89

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to reform the law relating to contributory negligence and the apportionment of liability; to amend the Wrongs Act 1936; and for other purposes, without any amendment.

House of Assembly, 24 July 2001.                                                                      J.K.G. OSWALD, Speaker.

 

Messages from
House of Assembly:
Law Reform
(Contributory
Negligence and
Apportionment of Liability) Bill.

 

 

 

Message No. 90

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act relating to administrative actions by Commonwealth authorities or officers of the Commonwealth under the Agricultural and Veterinary Chemicals (South Australia) Act 1994, the National Crime Authority (State Provisions) Act 1984 and other State co-operative scheme laws; and for other purposes, without any amendment.

House of Assembly, 24 July 2001.                                                                      J.K.G. OSWALD, Speaker.

 

Co-operative
Schemes
(Administrative
Actions) Bill.

 

 

 

Message No. 91

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Criminal Law (Sentencing) Act 1988 and to make related amendments to the Summary Procedure Act 1921, 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, 24 July 2001.                                                                      J.K.G. OSWALD, Speaker.

 

Criminal Law
(Sentencing)
(Sentencing
Procedures)
Amendment Bill.

 

 

Schedule of the amendments made by the House of Assembly

No. 1.         Clause 2, page 3, after line 9—Leave out “encourage or”.

No. 2.         Clause 2, page 3, line 10—After “victim” first occurring insert “who wishes”.

No. 3.         New clause, page 4—After clause 4 insert:

                             “Transitional provision

                                        5.  The amendments made by the Act are to be considered procedural rather than substantive.”

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

 

 

 

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

 

 

 

55.

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

 

Postponement
of Business.

 

56.

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

 

Next Day
of Sitting.

 

 

57.

Council adjourned at three minutes to twelve o’clock midnight until tomorrow at eleven
o’clock a.m.

 

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. R. K. Sneath

The Hon.  J. F. Stefani

The Hon. N. Xenophon

The Hon. C. Zollo