SOUTH AUSTRALIA]

No. 52

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY  25  SEPTEMBER  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.

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

Message No. 13.

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

                 No. 25 of 2001 - An Act to establish the Adelaide Cemeteries Authority; to provide for the administration and maintenance of Cheltenham Cemetery, Enfield Memorial Park and West Terrace Cemetery; to repeal the Enfield General Cemetery Act 1944 and the West Terrace Cemetery Act 1976; and for other purposes.

                 No. 26 of 2001 - An Act to amend the First Home Owner Grant Act 2000.

                 No. 27 of 2001 - An Act to amend the Land Tax Act 1936, the Pay-roll Tax Act 1971 and the Stamp Duties Act 1923.

                 No. 28 of 2001 - An Act for the appropriation of money from the Consolidated Account for the year ending on 30 June 2002 and for other purposes.

                 No. 29 of 2001 - An Act to amend the Classification (Publications, Films and Computer Games) Act 1995.

                 No. 30 of 2001 - 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.

                 No. 31 of 2001 - An Act to amend the Explosives Act 1936.

                 No. 32 of 2001 - An Act to amend the Land Agents Act 1994.

                 No. 33 of 2001 - An Act to amend the Protection of Marine Waters (Prevention of Pollution from Ships) Act 1987.

                 No. 34 of 2001 - An Act to amend the South Australian Co-operative and Community Housing Act 1991.

                 No. 35 of 2001 - An Act for the appropriation of money from the Consolidated Account for the financial year ending 30 June 2002.

                 No. 36 of 2001 - An Act to ensure that legal representation is available for persons charged with serious offences; and for other purposes.

                 No. 37 of 2001 - An Act to amend the Criminal Law (Sentencing) Act 1988 and to make related amendments to the Summary Procedure Act 1921.

 

Message from
Governor:
Assent to Bills.

 

 

                 No. 38 of 2001 - An Act to facilitate the completion of an inquiry relating to the Hindmarsh Soccer Stadium by the Auditor-General; and for other purposes.

                 No. 39 of 2001 - An Act to amend the Southern State Superannuation Act 1994.

                 No. 40 of 2001 - An Act to amend the Governors’ Pensions Act 1976, the Judges’ Pensions Act 1971, the Parliamentary Superannuation Act 1974, the Police Superannuation Act 1990 and the Superannuation Act 1988.

                 No. 41 of 2001 - 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.

                 No. 42 of 2001 - An Act to amend the Water Resources Act 1997.

                 No. 43 of 2001 - An Act to amend the Retail and Commercial Leases Act 1995.

                 No. 44 of 2001 - An Act to provide for the safety and suitability of food; to repeal the Food Act 1985; and for other purposes.

Government House, Adelaide, 25 September 2001.                                               E. J. NEAL, Governor.

 

 

 

   3.

The Treasurer (The Hon. R. I. Lucas), by leave, moved - That the Legislative Council -

·        expresses its deepest horror and regret at the terrorist attacks that claimed thousands of lives in the United States of America on 11th September ;

·        expresses its sympathy to the families of the victims;

·        extends condolences to the families of the Australians and South Australians who died or are still missing;

·        offers its support to the people of the United States in their recovery from this tragedy;

·        abhors these vicious attacks as a violation of the freedom and rights of all people around the globe;

·        recognises and applauds the bravery and selflessness of the people involved in the rescue operations;

·        calls on all Australians and South Australians to show strong resolve in resisting terrorism threats while maintaining our long-standing attitude of tolerance and acceptance of all peoples and religions within our borders.

                 And being supported by the Hon. C. A. Pickles, the Hon. M. J. Elliott, the Hon. T. Crothers, the Minister for Disability Services (The Hon. R. D. Lawson), the Hon. I. Gilfillan, the Hon. N. Xenophon, the Hon. C. Zollo, the Hon. A. J. Redford and the Hon. T. G. Cameron:             Motion carried in silence, Members standing in their places.

 

U.S. Terrorist
Attacks -
Condolence
Motion.

 

   4.

At eighteen minutes to four o’clock the sitting was suspended until the ringing of the bells.

                 At two minutes to four o’clock the sitting was resumed.

 

Suspension and
Resumption of
Sitting.

 

 

   5.

Answers to Questions on Notice Nos. 13, 68, 76, 78, 81, 83, 84, 88, 89, 91 to 93, 102 and 103 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 President -

Members’ Travel Expenditure, 2000-01, pursuant to Members of Parliament Travel Entitlement Rules, 1983.

                 Register of Members’ Interests - June 2001 - Registrar’s Statement.

                          Ordered - That the Statement be printed.  (Paper No. 134B)

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

                 Reports, 1999-2000 -

                          Northern Adelaide and Barossa Catchment Water Management Board.

                          South Eastern Water Conservation and Drainage Board.

                 Reports, 2000 -

                          Adelaide University Australia.

                          Flinders University of South Australia.

                          Onkaparinga Catchment Water Management Board.

                          Patawalonga Catchment Water Management Board.

                          Torrens Catchment Water Management Board.

                          University of South Australia.

                 Reports, 2000-2001 -

                          Presiding Officer of the Disciplinary Appeals Tribunal.

                          Presiding Officer of the Promotion and Grievance Appeals Tribunal.

 

Papers.

 

 

                 Regulations under the following Acts -

                          Children’s Services Act 1985 -

                                   Baby Sitting Agencies.

                                   Committee Membership.

                          Electricity Act 1966 - Contestable Customer.

                          Pay-roll Tax Act 1971 - 2001 Replacement.

                          Public Finance and Audit Act 1987 - South Austral-Asia Pty. Ltd.

                          Southern State Superannuation Act 1994 - Nurses Agreement.

                          Superannuation Act 1988 - Nurses.

                          Unauthorized Documents Act 1916 - State Badge.

                 Flinders University of South Australia -

                          Amendments to Statutes 7.1 and 7.3.

                          Amendments to Statutes 7.1 and 7.3.

                          Amendments to Statutes 7.1 and 7.4.

                          Amendments to Statutes 7.1, 7.3 and 2.1.

                          Amendments to Statutes 7.1, 7.3 and 7.4.

                          Financial Statement for the year ended 31 December 2000.

                 Government Boards and Committees Information as at 30 June 2001 -

                          Volume 1.

                          Volume 2.

                 University of South Australia - Financial Statements for the year ended 31 December 2000.

                 Casino Duty Agreement - Variation.

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

                 Advisory Board of Agriculture - Report, 2000-2001.

                 Regulations under the following Acts -

                          Brands Act 1933 - Fees.

                          Daylight Saving Act 1971 - Summer Time, 2001-2002.

                          Fisheries Act 1982 -

                                   Blue Crab Management.

                                   Marine Scalefish Management.

                                   Open Access - Rock Lobster.

                          Livestock Act 1997 - Swine Compensation.

                          Native Title (South Australia) Act 1994 - 2001 Replacement.

                          Primary Industry Funding Schemes Act 1998 - Pig Industry.

                          Real Property Act 1886 - Registrar-General Fees.

                          Strata Titles Act 1988 - Fees.

                          Subordinate Legislation Act 1978 - Expiry Postponed.

                          Workers Rehabilitation and Compensation Act 1986 - Medical Fees.

                 Rules of Court -

                          District Court - District Court Act - Powers of Master.

                           Environment, Resources and Development Court - Environment, Resources and Development Act - Native Title 2001.

                          Supreme Court - Supreme Court Act - Admission of Practitioners.

                 Rules under Act -

                          Legal Practitioners Education and Admission Council Rules 1999 - Academic Requirements.

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

                 Regulations under the following Acts -

                          Correctional Services Act 1982 - Illegal Items.

                          Summary Offences Act 1953 - Searches.

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

                 Regulations under the following Acts -

                          Building Work Contractors Act 1995 -

                                   Minor Domestic Work.

                                   Retirement Villages.

                          Liquor Licensing Act 1997 -

                                   Dry Areas -

                                             Clare and Copper Coast.

                                             Port Pirie

                                   High Schools Exemption.

                          Prices Act 1948 - Unsold Bread.

 

 

 

 

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

                 Aboriginal Lands Trust - Report, 1999-2000.

                 Reports, 2000-2001 -

                          Boundary Adjustment Facilitation Panel.

                          Physiotherapists Board of South Australia.

                 Reports -

                          Review of the National Environment Protection Council Acts (Commonwealth, State and Territory).

                          The City of Unley - Unley (City) Development Plan - Residential Design Plan Amendment Report.

                 Regulations under the following Acts -

                          Coast Protection Act 1972 - Identity Cards.

                          Development Act 1993 - Telecommunications, Bushfires.

                          Harbors and Navigation Act 1993 - Advisory Committee.

                          Housing and Urban Development (Administrative Arrangements) Act 1995 - Section 60 Statements.

                          Housing Improvement Act 1940 - Homestart Aged Care.

                          National Parks and Wildlife Act 1972 -

                                   Wildlife.

                                   2001 Replacement.

                          Passenger Transport Act 1994 - Taxi Security Cameras.

                          Prevention of Cruelty to Animals Act 1985 - Illegal Fights.

                          Radiation Protection and Control Act 1982 - Uranium Mining Fees.

                 Rules under Acts -

                          Racing Act - Bookmakers Licensing (Late Scratchings) Rules 2001.

                          Local Government Act 1991 - Superannuation Board Rule Amendments -

                                   Boards.

                                   Investment.

                 Corporation By-laws -

                          Charles Sturt -

                                   No.    7   -   Amendment of By-laws Reasons, Objectives and Implementation.

                          Gawler -

                                   No.    1   -   Permits and Penalties.

                                   No.    2   -   Moveable Signs.

                                   No.    3   -   Roads.

                                   No.    4   -   Local Government Land.

                                   No.    5   -   Dogs.

                          Mitcham -

                                   No.    3   -   Local Government Land.

                                   No.    4   -   Streets and Roads.

                          Playford -

                                   No.    4   -   Dogs.

                                   No.    5   -   Cats.

                          Salisbury -

                                   No.    1   -   Permits and Penalties.

                                   No.    2   -   Moveable Signs.

                                   No.    3   -   Roads.

                                   No.    4   -   Local Government Land.

                                   No.    5   -   Number of Dogs.

                                   No.    6   -   Dogs.

                          Walkerville -

                                   No.    1   -   Permits and Penalties.

                                   No.    2   -   Local Government Land

                                   No.    3   -   Roads.

                                   No.    4   -   Moveable Signs.

                 District Council By-laws -

                          Light -

                                   No.    1   -   Permits and Penalties.

                                   No.    2   -   Moveable Signs

                                   No.    3   -   Streets and Roads.

                                   No.    4   -   Local Government Land.

                                   No.    5   -   Dogs.

 

 

 

 

                          Mallala -

                                   No.    1   -   Moveable Signs.

                                   No.    2   -   Council Land.

                                   No.    3   -   Animals.

                                   No.    4   -   Bird Scarers.

                                   No.    5   -   Spraying and Dusting of Land.

                          Yorke Peninsula - Various.

                 National Parks and Wildlife Act 1972 - Kellidie Bay Conservation Park - Alteration of Boundaries for Purposes of Public Road - Proclamation.

 

 

 

   7.

 

The President laid on the Table the Second Report of the Statutory Authorities Review Committee into the Commissioners of Charitable Funds, which was authorised to be printed and published pursuant to section 17(7)(b) of the Parliamentary Committees Act 1991.  (Paper No. 228)

 

Statutory
Authorities Review
Committee -
Report into the
Commissioners of
Charitable Funds.

 

 

   8.

 

The President laid on the Table the Report of the Statutory Authorities Review Committee into Timeliness of 1999-2000 Annual Reporting by Statutory Bodies, which was authorised to be printed and published pursuant to section 17(7)(b) of the Parliamentary Committees Act 1991.  (Paper No 229)

 

Statutory
Authorities Review
Committee -
Report into
Timeliness of
1999-2000 Annual
Reporting by
Statutory Bodies.

 

 

   9.

 

The President laid on the Table the Report of the Social Development Committee on an Inquiry into Biotechnology - Part I - Health, which was authorised to be printed and published pursuant to section 17(7)(b) of the Parliamentary Committees Act 1991.  (Paper No. 230)

 

Social
Development
Committee -
Report into
Biotechnology -
Part I - Health.

 

 

10.

The Hon. J.S.L. Dawkins brought up the Report of the Environment, Resources and Development Committee on Ecotourism.  (Paper No. 232)

 

Environment,
Resources and
Development Committee -
Report on
Ecotourism.

 

 

11.

The Treasurer tabled a copy of a Ministerial Statement made by the Minister for Tourism (The Hon. J. Hall, M.P.) concerning the Tourism Industry and the Impact of Recent Events.

 

Paper Tabled.

 

12.

Order of the Day being read for the Report of the Select Committee on the Classification (Publications, Films and Computer Games) (Miscellaneous) Amendment Bill to be brought up:

                 Ordered - That the time for bringing up the Report be extended until Thursday, 27 November 2001.

 

Select Committee
on the Classification
(Publications, Films
and Computer
Games)
(Miscellaneous)
Amendment Bill.

 

 

13.

Order of the Day being read for the Report of the Select Committee on the West Beach Recreation Reserve (Review) Amendment Bill to be brought up:

                 Ordered - That the time for bringing up the Report be extended until Thursday, 27 November 2001.

 

Select Committee
on the West Beach
Recreation Reserve
(Review)
Amendment Bill.

 

 

14.

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

 

Postponement
of Business.

 

15.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Victims of Crime Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 3 agreed to.

                          Clause No. 4 read.

                 The Hon. N. Xenophon moved on page 6, after line 3, to insert new subclause as follows:

                                    ‘(2) If the word "indexed" appears after a reference to a monetary amount, it indicates that the amount is to be adjusted on 1 July in each year by multiplying it by a multiplier calculated by dividing the Consumer Price Index (All Groups for Adelaide) for the previous March quarter by the Consumer Price Index (All Groups for Adelaide) for the March quarter 2001.’

                 Question - That the amendment be agreed to - put.

Victims of Crime
Bill.

 

 

            Committee divided:

Ayes, 5

The Hon. M. J. Elliott

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. N. Xenophon

The Hon. T. G. Cameron (Teller)

 

 

 

 

 

 

 

 

 

 

 

      So it passed in the negative.

 

Noes, 16

The Hon. T. Crothers

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. P. Holloway

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. C. Zollo

The Hon. K. T. Griffin (Teller)

 

 

                          Clause No. 4 agreed to.

                          Clauses No. 5 to No. 7 agreed to.

                          Clause No. 8 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.

 

 

 

16.

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

Message No. 102

                 MR. PRESIDENT - The House of Assembly informs the Legislative Council that it has appointed Mrs. Geraghty to the Joint Parliamentary Service Committee in place of Mr. De Laine resigned.

House of Assembly, 25 September 2001.                                                          J.K.G. OSWALD, Speaker.

 

Messages from
House of Assembly:
Joint Parliamentary
Service Committee -
Substitution of
Member.

 

 

 

Message No. 103

                 MR. PRESIDENT - The House of Assembly informs the Legislative Council that it has appointed Mr. Hanna to the Legislative Review Committee in place of Mrs. Geraghty resigned.

House of Assembly, 25 September 2001.                                                          J.K.G. OSWALD, Speaker.

 

Legislative Review
Committee -
Substitution of
Member.

 

 

 

Message No. 104

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to introduce measures for the minimisation of graffiti; to punish people responsible for graffiti; to provide for the removal of graffiti; to make consequential amendments to the Summary Offences Act 1953; 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 September 2001.                                                          J.K.G. OSWALD, Speaker.

 

Graffiti
Control Bill.

 

 

Schedule of the amendments made by the House of Assembly

No. 1.         Clause 4, page 4, after line 11—Insert:

                          (2) However, subsection (1) does not apply in relation to the sale of cans of spray paint of a type prescribed by regulation.

No. 2.         Clause 7, page 5, line 3—After "this Part" insert:

                   or provisions of this Part specified in the instrument of appointment

No. 3.         Clause 7, page 5, line 5—Leave out "the enforcement of this Part" and substitute:

                   enforcing a provision of this Part that the person is authorised to enforce

No. 4.         Clause 7, page 5, line 9—Leave out "this Act" and substitute:

                   this Part that the person is authorised to enforce

 

 

 

 

No. 5.         Clause 7, page 5, after line 12—Insert:

                          (4a) An authorised person must, on demand by a person affected by an exercise or proposed exercise of a power under this section, produce, for inspection by that person, the identity card issued to the authorised person under the Local Government Act 1999.

No. 6.         Clause 9, page 6, lines 8 to 10—Leave out subclause (2) and insert:

                          (2) A person who aids, abets, counsels or procures the commission of an offence against subsection (1) is liable to be prosecuted and punished as a principal offender.

                          (3) A court finding a person guilty of an offence against this section must—

                    (a)    if the court is satisfied that it will be reasonably practicable for the person to take action, under the supervision of an appropriate authority, to remove or obliterate the graffiti—order that the person take that action and, in doing so, comply with all reasonable directions of the appropriate authority; or

                    (b)    in any other case—order that the person pay to the owner or occupier of the property in relation to which the offence was committed such compensation as the court thinks fit.

                          (4) An order under subsection (3)(a) may be enforced as if it were an order requiring the performance of community service (and in any enforcement proceedings the court may exercise any power that it could exercise in relation to an order requiring the performance of community service).

                          (5) In this section—

                          "appropriate authority" means a State or local government authority.

No. 7.         Clause 13, page 9, after line 5—Insert:

                          (2) Without limiting the generality of subsection (1), the regulations may—

                    (a)    require persons selling graffiti implements or specified classes of graffiti implements to comply with a code of conduct or practice;

                    (b)    impose a penalty (not exceeding a fine of $1 250) for contravention of, or non-compliance with, a regulation.

                          (3) Regulations under this Act—

                    (a)    may be of general application or limited application;

                    (b)    may make different provision according to the matters or circumstances to which they are expressed to apply;

                    (c)    may provide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Minister.

                          (4) The regulations may operate by reference to a specified code as in force at a specified time or as in force from time to time.

                          (5) If a code is referred to in the regulations—

                    (a)    a copy of the code must be kept available for inspection by members of the public, without charge and during normal office hours, at an office determined by the Minister; and

                    (b)    evidence of the contents of the code may be given in any legal proceedings by production of a document apparently certified by the Minister to be a true copy of the code.

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

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

 

 

 

17.

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

 

Postponement
of Business.

 

18.

Council adjourned at eight minutes past six o’clock until tomorrow, at fifteen minutes past two o’clock.

_________________________

 

 

 

Adjournment.

 

 

Members present during any part of the sitting:

 

 

 

 

The Hon. T. G. Cameron

The Hon. T. Crothers

The Hon. L. H. Davis

The Hon. 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