[SOUTH AUSTRALIA]

No. 43

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY  25  AUGUST  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.

The Treasurer (The Hon. R. I. Lucas), by leave, without notice, moved - That the sitting of the Council be not suspended during the continuation of the Conference on the Statutes Amendment (Motor Accidents) Bill.

                 Question put and passed.

 

Statutes

Amendment

(Motor

Accidents)

Bill.

   3.

The Minister for Transport and Urban Planning (The Hon. D. V. Laidlaw), by leave, without notice, moved - That the Select Committee on the Pastoral Land Management and Conservation (Board Procedures, Rent, etc.) Amendment Bill and Coverage of the Principal Act have permission to meet during the sitting of the Council this day.

                 Question put and passed.

 

Select Committee

on the Pastoral

Land Management

and Conservation (Board Procedures, Rent, etc.) Amendment Bill

 and Coverage of

the Principal Act.

 

   4.

The President laid on the Table, Members Travel Expenditure 1997/98 under the Members of Parliament Travel Entitlement Rules 1983.

 

Paper

Tabled.

 

   5.

Answers to Questions on Notice Nos. 60, 222, 230, 241 and 256 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 Treasurer -

                 Regulation under the following Act -

                          Technical and Further Education Act 1975 - Vehicles.

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

                 Regulations under the following Acts -

                          Mines and Works Inspection Act 1920 - Principal.

                          Mining Act 1971 - Principal.

         By the Minister for Transport and Urban Planning -

                 Regulation under the following Act -

                          Native Vegetation Act 1991 - Exemptions.

                 Development Act 1993 - Report on the Interim Operation of the City of Prospect - Local Heritage Places Plan Amendment.

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

                 Regulation under the following Act -

                          Libraries Act 1982 - Principal.

 

Papers.

   7.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 10 be postponed and taken into consideration after Order of the Day (Government Business) No. 11.

 

Postponement

of Business.

 

   8.

On the Order of the Day being read for the adjourned debate on the question - That the Local Government (Miscellaneous) 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. 34 agreed to.

                          Clause No. 35 read.

                 The Hon. I. Gilfillan moved on page 7, lines 33 to 36, to leave out subsection (10).

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

                          Clause No. 35 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.

 

Local

Government (Miscellaneous) Amendment

Bill.

 

   9.

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

 

Postponement

of Business.

 

10.

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.

 

11.

On the Order of the Day being read for the adjourned debate on the question - That the Pollution of Water by Oil and Noxious Substances (Miscellaneous) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. J.S.L. Dawkins, the debate was adjourned until next day of sitting.

 

Pollution of

Waters by Oil

and Noxious Substances (Miscellaneous) Amendment Bill.

 

12.

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

                 Debate resumed.

                 Question put and passed.

                 Bill read a second time.

                 Ordered - That the Committee stages be postponed and taken into consideration on motion.

 

Emergency

Services

Funding Bill.

 

13.

Ordered - That Orders of the Day (Government Business) No. 6 to No. 10 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

 

14.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of Message No. 97 from the House of Assembly relating to the Liquor Licensing (Licence Fees) Amendment Bill.

 

In the Committee

 

                          Resolved - That the amendments be agreed to.

_____________________

 

                 The President resumed the Chair, and reported accordingly; whereupon the Council adopted such report.

 

Liquor

Licensing

(Licence Fees) Amendment

Bill.

15.

On the Order of the Day being read for the adjourned debate on the question - That the Southern State Superannuation (Merger of Schemes) Amendment Bill be now read a second time:

                 Debate resumed.

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

 

Southern State Superannuation (Merger of

Schemes) Amendment

Bill.

 

16.

On the Order of the Day being read for the adjourned debate on the question - That the National Parks and Wildlife (Bookmark Biosphere Trust) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. P. Holloway, the debate was adjourned until next day of sitting.

 

National Parks

and Wildlife (Bookmark Biosphere Trust) Amendment Bill.

 

17.

On the Order of the Day being read for the adjourned debate on the question - That the Primary Industry Funding Schemes Bill be now read a second time:

                 Debate resumed.

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

 

Primary

Industry

Funding

Schemes Bill.

 

18.

At 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.

 

19.

Ordered - That the adjourned debate on the question - That the Southern State Superannuation (Merger of Schemes) Amendment Bill be now read a second time - be now resumed.

                 Debate resumed.

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

 

Southern State Superannuation (Merger of

Schemes) Amendment Bill.

 

20.

On the Order of the Day being read for the adjourned debate on the question - That the Non-Metropolitan Railways (Transfer) (National Rail) Amendment Bill be now read a second time:

                 Debate resumed.

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

 

Non-Metropolitan Railways

(Transfer)

(National Rail) Amendment Bill.

 

21.

Ordered - That the adjourned debate on the question - That the Primary Industry Funding Schemes Bill be now read a second time - be now resumed.

                 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. 16 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 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.

 

Primary

Industry

Funding

Schemes Bill.

 

22.

On the Order of the Day being read for the adjourned debate on the question - That the Bulk Handling of Grain Act Repeal 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. 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 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.

 

Bulk Handling

of Grain Act

Repeal Bill.

 

  23.

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

Message No. 115

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith entitled an Act to amend the Correctional Services Act 1982; the Courts Administration Act 1993; the Criminal Injuries Compensation Act 1978; the Criminal Law (Sentencing) Act 1988; the Expiation of Offences Act 1996; the Magistrates Court Act 1991; the Motor Vehicles Act 1959; the Summary Procedure Act 1921; and for other purposes, 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 August 1998.                                                              J.K.G. OSWALD, Speaker.

 

Messages from

House of

Assembly:

Statutes

Amendment

(Fine Enforcement)

Bill.

 

 

Schedule of the amendments made by the House of Assembly

No. 1.       New clause, page 4 - After line 27 insert new clause 15A:

Amendment of s.42 - Conditions of bond

           15A.  Section 42 of the principal Act is amended by striking out from subsection (1)(g)(ii) “(in a lump sum orin instalments)”.

No. 2.       Page 6 (clause 24) - After line 9 insert:

                            “(3)  To avoid doubt, a reference in this Division to a pecuniary sum is a reference to a pecuniary sum imposed by any court of criminal jurisdiction.”

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

 

 

                          Ordered - That the Message be taken into consideration forthwith.

                          The President then left the Chair and the Council resolved itself into a Committee of the Whole for the consideration of the Message.

 

In the Committee

 

                          Resolved - That the amendments be agreed to.

_____________________

 

                 The President resumed the Chair, and reported accordingly; whereupon the Council adopted such report.

 

 

 

Message No. 116

                 MR. PRESIDENT - The House of Assembly has agreed to Amendments Nos. 1 to 11 and 32 and 33 made by the Legislative Council in the City of Adelaide Bill without any amendment; has disagreed to Amendments Nos. 12 to 31 and has made alternative amendments in lieu of Amendments Nos. 16 and 19 to 21 as indicated in the annexed Schedule.  The House of Assembly returns the Bill herewith and desires its reconsideration.

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

 

City of

Adelaide Bill.

 

 

Schedule of the amendments made by the Legislative Council

to which the House of Assembly has disagreed

No. 12.     Page 19, clause 1 (Schedule) - After line 6 insert the following:

closing date” means a closing date under clause 6(1);

No. 13.     Page 19, clause 1 (Schedule) - After line 7 insert the following:

                 nominated agent” means a person nominated under clause 5 to act as an elector on behalf of a body corporate or group of persons;

No. 14.     Page 19, lines 10 and 11, clause 1 (Schedule) - Leave out the definition of “polling day” and insert:

                 polling day”, in relation to an election or poll, means the day on which the election or poll is to be held;

No. 15.     Page 19, lines 13 and 14, clause 1 (Schedule) - Leave out subclause (2).

No. 16.     Page 19, line 26, clause 3 (Schedule) - Leave out “7 December” and insert:

                 12 December

No. 17.     Page 20, lines 36 to 40, clause 5 (Schedule) - Leave out subclauses (3) and (4) and insert new subclauses as follow:

                            (3)  A body corporate or a group that is entitled to be enrolled on the voters roll in pursuance of subclause (1)(b) or (c) may, by notice in writing (in the prescribed form and containing the prescribed declarations) lodged with the Council—

                  (a)     nominate a natural person to act as an elector on its behalf; or

                  (b)     cancel any such nomination previously made and make a fresh nomination in its place,

                  (and any such nomination will take effect from the next closing date under clause 6).

                            (4)  A person may not be nominated as the nominated agent of a body corporate or a group under subclause (3) unless that person—

                  (a)     is of or above the age of majority; and

                  (b)    

 (i)     in the case of a nomination made by a body corporate—is an officer of the body corporate;

(ii)     in the case of a nomination by a group—is a member of the group or an officer of a body corporate that is a member of the group.

                            (5) If the chief executive officer does not, as at 4 p.m. on a closing date, hold a nomination from a body corporate under subclause (3), the body corporate will be taken to have nominated its principal public officer to act as an elector on its behalf.

                            (6) If the chief executive officer does not, as at 4 p.m. on a closing date, hold a nomination from a group under subclause (3), the group will be taken to have nominated, subject to the operation of subclause (7)—

                  (a)     if there is only one member of the group who is not enrolled on the relevant voters roll under subclause (1)(a) or (b)—that member of the group;

                  (b)     if there are two or more members of the group who are not enrolled on the relevant voters roll under subclause (1)(a) or (b)—that member of the group whose name appears first in the assessment book in respect of the relevant rateable property (disregarding those members who are already enrolled on the relevant voters roll under subclause (1)(a) or (b)).

                            (7) If the relevant member of a group under subclause (6) is a body corporate, the principal public officer of that body corporate will be taken to be the nominee of the group.

                            (8) For the purposes of subclauses (5) and (7), the “principal public officer” of a body corporate will be taken to be the first of the following people who is eligible to be nominated under subclause (4):

                  (a)    

 (i)     in the case of a company—the company secretary (or, if more than one company secretary, a company secretary (to be taken in alphabetical order));

(ii)     in the case of a body corporate (other than a company) that is required to have a public officer—its public officer;

                  (b)     a director of the body corporate (to be taken in alphabetical order);

                  (c)     any manager of the body corporate (to be taken or determined in alphabetical order).

                            (9) In determining who is the principal public officer of a body corporate under subclause (8), the chief executive officer may assume that any information supplied to him or her at any time during a period commencing seven weeks before a closing date and ending two weeks after a closing date by a public authority responsible for the registration or incorporation of a particular class of bodies corporate concerning the name, address or age of an officer of a body corporate of that class is current and accurate.

                            (10) If a person is taken to be the nominee of a body corporate or group under subclauses (5) to (9), the chief executive officer must take steps to advise the body corporate or group of that fact in accordance with procedures set out in the regulations.

                            (11) A nomination in force under this clause will be recorded in the voters roll alongside the name of the relevant body corporate or group.

 

 

                            (12) A person whose name is recorded in the voters roll under subclause (11) will be regarded as having been enrolled as an elector for the purposes of this Act and the Local Government Act 1934 (and as being a nominated agent for the purposes of the Local Government Act 1934).

                            (13) A nominated agent of a body corporate or group under section 91 of the Local Government Act 1934 immediately before the commencement of this schedule will be taken to have been nominated by the body corporate or group under this clause (until a fresh nomination is made).

No. 18.     Page 21, line 6, clause 6 (Schedule) - Leave out “fourth Thursday of February and the fourth” and insert:

second Thursday of February and the second

No. 19.     Page 21, line 8, clause 6 (Schedule) - Leave out “must be commenced at least five weeks before a closing date and completed within two” and insert:

must be completed within four

No. 20.     Page 21, lines 10 to 21, clause 6 (Schedule) - Leave out subclauses (3), (4), (5) and (6).

No. 21.     Page 21, line 26, clause 6 (Schedule) - Leave out “at least five weeks before” and insert:

within 14 days after

No. 22.     Page 21, line 27, clause 6 (Schedule) - Leave out “date of supply” and insert:

closing date

No. 23.     Page 21, lines 33 to 35, clause 6 (Schedule) - Leave out subclause (10).

No. 24.     Page 22, lines 3 to 34, clause 7 (Schedule) - Leave out this clause and insert new clause as follows:

                 Entitlement to vote

                            7.  (1) A natural person whose name appears in the voters roll used for an election or poll as an elector in his or her own right or as a nominated agent is entitled to vote at that election or poll.

                            (2)  If an elector’s name appears in the voters roll used for an election or poll both as an elector in his or her own right and as a nominated agent, the elector is entitled to vote at the election or poll both in his or her own right and as a nominated agent.

                            (3) If an elector’s name appears in the voters roll used for an election or poll as a nominated agent under a number of separate nominations, the elector is entitled to vote at the election or poll in respect of each of those nominations.

                            (4) If a person is entitled to vote at an election or poll in more than one capacity, the provisions of this schedule (and, insofar as is relevant, the Local Government Act 1934) will be construed so that they may apply to the person distinctively in relation to each such capacity.

                            (5) A person whose name has been omitted in error from a voters roll used for an election or poll is, subject to this schedule, entitled to vote at the election or poll as if the error had not occurred.

                            (6) Subject to a preceding subclause, an entitlement to vote operates on the basis of—

(a)     if the area of the Council is divided into wards—one vote for each ward for which the person is enrolled; and

(b)     if relevant—one vote for the area of the Council as a whole in a particular election.

                            (7) If a person is entitled to vote in more than one ward, the person is still only entitled to one vote for the area of the Council as a whole.

No. 25.     Page 23, lines 1 to 6, clause 8 (Schedule) - Leave out paragraphs (b), (c) and (d) and insert:

                 (b)   the person’s name has been omitted in error from the voters roll for the area.

No. 26.     Page 23, lines 7 to 11, clause 8 (Schedule) - Leave out subclause (2).

No. 27.     Page 23, line 14, clause 9 (Schedule) - Leave out “(or, in the case of a nominee of a body corporate or group, be nominated)”.

No. 28.     Page 23, lines 20 to 22, clause 9 (Schedule) - Leave out subclause (3).

No. 29.     Page 23, line 23, to page 26, line 8 (Schedule) - Leave out clauses 10 to 17 and insert the following:

                                                                                                    PART 5

                                                                                         ADVANCE VOTING

                 Special provisions

                            10.  (1) An envelope used for the purposes of advance voting for the City of Adelaide under section 106 of the Local Government Act 1934 must bear—

(a)     one declaration in the prescribed form, to be completed by the voter, to the effect—

(i)      that the voter is of or above the age of majority; and

(ii)     that the ballot paper contained in the envelope contains his or her vote; and

(iii)    that he or she has not already voted at the election or poll; or

(b)     two declarations in the prescribed form, to be completed by the voter—

(i)      one being a declaration in which the voter sets out the grounds on which he or she claims to be entitled to vote; and

(ii)     the other being the declaration referred to in paragraph (a).

 

 

                            (2) Advance voting papers issued pursuant to section 106(4) of the Local Government Act 1934 must—

(a)     in the case of an applicant whose name appears in the voters roll—include an envelope of the kind referred to in subclause (1)(a); or

(b)     in the case of an applicant whose name does not appear in the voters roll—include an envelope of the kind referred to in subclause (1)(b).

                            (3) A witness is not required for the purposes of advance voting for the City of Adelaide.

                            (4) The returning officer may make arrangements for the confidential scrutiny of envelopes returned to electoral officers for the purposes of advance voting before the envelopes are deposited in sealed ballot boxes.

                 Advance voting not to be generally used

                            11.  Voting at an election or poll for the City of Adelaide cannot be conducted entirely by the use of advance voting papers under section 106a of the Local Government Act 1934.

No. 30.     Page 27, lines 3 to 36, clause 19 (Schedule) - Leave out the clause.

No. 31.     Page 28 (Schedule) - After line 12 insert new clauses as follow:

                                                                                                    PART 8

                                                                                    COMPULSORY VOTING

                 Compulsory voting

                            22.  (1)  Subject to this clause, it is the duty of every elector to record his or her vote at each election for the Council for which the elector is entitled to vote.

                            (2) An elector who leaves the ballot paper unmarked but who otherwise observes the formalities of voting is not in breach of the duty imposed by subclause (1).

                            (3) In the case of a body corporate or group of persons who are enrolled under clause 5(1), the duty is imposed on the nominated agent (rather than the body corporate or group).

                            (4) Within the prescribed period after the close of each election, the returning officer must send by post to each elector who appears not to have voted at the election a notice, in the prescribed form—

(a)     notifying the elector that he or she appears to have failed to vote at the election and that it is an offence to fail to vote at an election without a valid and sufficient reason; and

(b)     calling on him or her to show cause why proceedings for failing to vote at the election without a valid and sufficient reason should not be instituted against him or her,

                  but the returning officer, if satisfied that the elector is dead or had a valid and sufficient reason for not voting, need not send such a notice.

                            (5) Before sending any such notice, the returning officer must insert in the notice a date, not being less than 21 days after the date of posting of the notice, on which the form attached to the notice, duly filled up and signed by the elector, is to be in the hands of the returning officer.

                            (6) Every elector to whom a notice under this clause has been sent must complete the form at the foot of the notice by stating in it the reasons (if any) why proceedings for failing to vote at the election should not be instituted against him or her, sign the form and return it to the returning officer not later than the date inserted in the notice.

                            (7) If an elector is absent or unable, by reason of physical incapacity, to complete, sign and return the form, within the time allowed under subclause (5), any other person who has personal knowledge of the facts may complete, sign and return the form, duly witnessed, within that time, and, in that case, the elector will be taken to have complied with subclause (6).

                            (8) An elector must not—

(a)     fail to vote at an election without a valid and sufficient reason for the failure; or

(b)     on receipt of a notice under subclause (4), fail to complete, sign and return the form (duly witnessed) that is attached to the notice within the time allowed under subclause (5).

                  Maximum penalty:       $50.

                  Expiation fee:                $10.

                            (9) An elector has a valid and sufficient reason for failing to vote at an election if—

(a)     the elector was ineligible to vote at the election; or

(b)     the elector was absent from the State on polling day; or

(c)     the elector had a conscientious objection, based on religious grounds, to voting at the election; or

(d)     in a case where the elector is the nominated agent of a body corporate or group of persons under clause 5—the elector did not know, and could not reasonably be expected to have known, that he or she had been nominated under that clause;

(e)     there is some other proper reason for the elector’s failure to vote.

                            (10) A prosecution for an offence against this clause—

(a)     cannot be commenced except by the returning officer or an officer authorised in writing by the returning officer;

(b)     in the case of a prosecution for failing to vote at an election or failing to return a notice to the returning officer in accordance with subclause (5)—may be commenced at any time within 12 months of polling day.

 

 

                            (11) In proceedings for an offence against this clause—

(a)     a certificate apparently signed by the returning officer certifying that an officer named in the certificate was authorised to commence the prosecution will, in the absence of proof to the contrary, be accepted as proof of that authority;

(b)     a certificate apparently signed by an officer certifying that the defendant failed to vote at a particular election will be accepted as proof of that failure to vote in the absence of proof to the contrary;

(c)     a certificate apparently signed by an officer certifying that a notice under subclause (4) was posted to an elector, at the address appearing on the voters roll or at a postal address provided by the elector, on a date specified in the certificate, will be accepted, in the absence of proof to the contrary, as proof—

(i)         that the notice was duly sent to the elector on that date; and

(ii)        that the notice complied with the requirements of this clause; and

(iii)       that it was received by the elector on the date on which it would, in the ordinary course of post, have reached the address to which it was posted;

(d)     a certificate apparently signed by an officer certifying that the defendant failed to return a form under this clause to the returning officer within the time allowed under subclause (5) will be accepted, in the absence of proof to the contrary, as proof of the failure to return the form within that time.

                 Form of ballot paper

                            23.  The following statement must be printed at the top of every ballot paper for an election for the City of Adelaide so as to be clearly legible by the voter:

                            You may leave the ballot paper unmarked if you do not wish to register an actual vote in this election.

Schedule of the alternative amendments made by the House of Assembly

in lieu of amendments No. 16 and Nos. 19 to 21 of the Legislative Council

No. 16.     Page 19, line 26, clause 3 (Schedule) - Leave out “7 December” and insert:

                 14 December

No. 19.     Page 21, line 8, clause 6 (Schedule) - Leave out “five weeks” and insert:

four weeks

No. 20.     Page 21, line 10, clause 6 (Schedule) - Leave out “three weeks” and insert

two weeks

No. 21.     Page 21, line 26, clause 6 (Schedule) - Leave out “five weeks” and insert:

four weeks

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

 

 

                          Ordered - That the Message be taken into consideration forthwith.

                          The President then left the Chair and the Council resolved itself into a Committee of the Whole for the consideration of the Message.

 

In the Committee

 

                          The Treasurer moved - That the Council do not insist on its Amendments Nos. 12 to 15, 17 and 18 and 22 to 31.

                          Question - That the Council insists on its Amendments Nos. 12 to 15, 17 and 18 and 22 to 31 - put.

 

 

           Committee divided:

 

 

Ayes, 8.

The Hon. M. J. Elliott

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. C. A. Pickles

The Hon. R. R. Roberts

The Hon. G. Weatherill

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

  Noes, 9.

The Hon. T. G. Cameron

The Hon. L. H. Davis

The Hon. K. T. Griffin

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. A. J. Redford

The Hon. C. V. Schaefer

The Hon. N. Xenophon

The Hon. R. I. Lucas (Teller

 

 

        So it passed in the negative.

                          Resolved - That the Council do not insist on its Amendments No. 16 and 19 to 21 and agrees to the alternative amendments made by the House of Assembly in lieu thereof.

 

_____________________

 

                 The President resumed the Chair, and reported accordingly; whereupon the Council adopted such report.

 

 

 

Message No. 117

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Local Government Finance Authority Act 1983, to which it desires the concurrence of the Legislative Council.

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

                 Bill read a first time.

                 The Treasurer 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.

 

Local Government Finance Authority

(Board

Membership)

Amendment Bill.

24.

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

 

Postponement

of Business.

 

25.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of Message No. 109 from the House of Assembly relating to the Legal Practitioners (Miscellaneous) Amendment Bill.

 

In the Committee

 

                          Resolved - That the amendment be agreed to.

_____________________

 

                 The President resumed the Chair, and reported accordingly; whereupon the Council adopted such report.

 

Legal

Practitioners (Miscellaneous) Amendment

Bill.

  26.

The Council, according to order, resolved itself into a Committee of the whole for the consideration of the Emergency Services Funding Bill.

 

In the Committee

 

                  Clause No. 1 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 next day of sitting.

 

Emergency

Services

Funding Bill.

27.

Ordered - That Order of the Day (Government Business) No. 1 be taken into consideration forthwith.

                 The Minister for Transport and Urban Planning brought up the Report of the Select Committee on the Pastoral Land Management and Conservation (Board Procedures, Rent, etc.) Amendment Bill and Coverage of the Principal Act together with Minutes of Proceedings and Evidence.

                 Ordered - That the Report be printed.

                 The Minister for Transport and Urban Planning moved - That the Standing Orders be so far suspended as to enable the Bill to be not reprinted as amended by the Select Committee and that the Bill be taken into consideration by the Committee of the Whole forthwith.

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

 

                  Clause No. 1 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 next day of sitting.

 

Select Committee

on the Pastoral

Land Management and Conservation (Board Procedures, Rent, etc) Amendment Bill

and Coverage of

the Principal Act.

28.

Ordered - That Order of the Day (Government Business) No. 4 be an Order of the Day for next day of sitting.

 

Postponement

of Business.

 

29.

Council adjourned at twenty five minutes to ten 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. 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