[SOUTH AUSTRALIA]

No. 12

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

THURSDAY 26 FEBRUARY 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 Clerk announced that the following Petition had been lodged for presentation:

                 By the Hon. C. V. Schaefer from 1 resident of South Australia concerning the conduct of State Heritage Authority members in relation to the process of an application made by Alan Russell Griffiths.  The Petitioner prays that this Honourable House will request the Governor of South Australia, Sir Eric Neal, to undertake an investigation into the State Heritage Authority members as to their conduct in the failure to process an application accepted and acknowledged as received by the State Heritage Branch and assessed under the criteria of the Heritage Act 1993.

 

Petition No. 3 -

Conduct of State Heritage Authority

Members re the Process of an Application

made by Alan

Russell Griffiths.

 

   3.

Answers to Questions on Notice Nos. 37 and 40 received this day were tabled by the President who directed that they be distributed and printed in Hansard.

 

Answers to

Questions on

Notice.

 

 

   4.

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

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

                 Office of Multicultural and International Affairs - Report, 1996-97.

                 Corporation By-laws -

                          Unley -

                                   No.    1   -   Renumbering of By-laws.

                                   No.    3   -   Bees.

                                   No.    4   -   Garbage Bins.

                                   No.    5   -   Inflammable Undergrowth.

                                   No.    6   -   Streets and Footways.

                                   No.    7   -   Recreation Areas.

                                   No.    8   -   Dogs.

                                   No.    9   -   Poultry.

                                   No.  10   -   Caravans.

                                   No.  11   -   Removal of Garbage.

                                   No.  12   -   Street Trader’s Licence.

                                   No.  13   -   Lodging Houses.

                 Department for Employment, Training and Further Education - Review of the Construction Industry Training Fund Act 1993 - November 1997.

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

                 Reports, 1996-97 -

                          Department for Industrial Affairs.

                          SABOR.

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

                 Controlled Substances Advisory Council - Report, 1996-97.

 

Papers.

 

   5.

The Treasurer tabled a copy of a Ministerial Statement made by the Minister for Local Government (The Hon. M. K. Brindal, M.P.) concerning the Adelaide City Council and the Report of the Governance Review Advisory Group.

 

Paper

Tabled.

 

 

   6.

The Treasurer tabled a copy of the Final Report of the City of Adelaide Governance Review, January 1998.

 

Paper

Tabled.

 

 

   7.

The Attorney-General, while making a Ministerial Statement, tabled a copy of a letter to
Mrs. Iris Stevens from Mr. Mike Walter, Crown Solicitor, concerning a review of operations and processes of the Police Complaints Authority, dated 26 February 1998.

 

Paper

Tabled.

 

   8.

The Attorney-General, without notice, moved - That the Standing Orders be so far suspended as to enable Question Time to be extended until twenty minutes past three o’clock.

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

 

Suspension of Standing

Orders.

 

   9.

Ordered - That Notices of Motion (Government Business) No. 1 to No. 3 be postponed and taken into consideration after Order of the Day (Government Business) No. 1.

 

Postponement

of Business.

 

10.

On the Order of the Day being read for the adjourned debate on the question - That the Address-in- Reply, as read, be adopted:

                 Debate resumed.

                 Question put and passed.

 

Address-

In-Reply.

 

11.

At fifteen minutes to four o’clock the sitting was suspended and the President and Council proceeded to Government House to present the Address-in-Reply to His Excellency’s Opening Speech.

                 And being returned.

                 The President resumed the Chair and reported that, accompanied by Honourable Members he had been at Government House and there presented to His Excellency the Governor the Address-in-Reply as adopted by the Council on 26 February 1998 and that His Excellency had been pleased to reply as follows:

                 THE HONOURABLE THE PRESIDENT AND HONOURABLE MEMBERS OF THE LEGISLATIVE COUNCIL

                 Thank you for the Address-in-Reply to the Speech with which I opened the First Session of the Forty-Ninth Parliament.

                 I am confident that you will give your best consideration to all matters placed before you.

                 I pray for God’s blessing upon your deliberations.

Government House, Adelaide.

26 February 1998.                                                                                        ERIC NEAL, Governor.

 

Address in Reply:

Presentation.

 

12.

Ordered - That Notices of Motion (Government Business) No. 1 to No. 3 be postponed and taken into consideration after Order of the Day (Government Business) No. 2.

 

Postponement

of Business.

 

13.

On the Order of the Day being read for the adjourned debate on the question - That the Motor Vehicles (Disabled Persons’ Parking Permits) 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. 10 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.

 

Motor Vehicles (Disabled Persons’ Parking Permits)

Amendment Bill.

 

14.

Ordered - That Notices of Motion (Government Business) No. 1 to No. 3 be postponed and taken into consideration after Order of the Day (Government Business) No. 4.

 

Postponement

of Business.

 

15.

On the Order of the Day being read for the adjourned debate on the question - That the Motor Vehicles (Wrecked or Written Off Vehicles) 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. 6 agreed to.

                          Title agreed to.

_____________________

 

                 The President resumed the Chair, and reported that the Committee had considered the Bill and had agreed to the same 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.

 

Motor Vehicles (Wrecked or

Written Off

Vehicles)

Amendment Bill.

 

16.

On the Order of the Day being read for the adjourned debate on the question - That the Road Traffic (Vehicle Identifiers) 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. 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 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.

 

Road Traffic

(Vehicle

Identifiers)

Amendment

Bill.

 

17.

The Attorney-General, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Mining Act 1971, the Native Title (South Australia) Act 1994 and the Opal Mining Act 1995.

                 Question put and passed.

                 Bill introduced and read a first time.

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

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

 

Statutes

Amendment

(Native Title)

Bill.

 

18.

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

Message No. 34

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Liquor Licensing Act, 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, 26 February 1998.                                                           J.K.G. OSWALD, Speaker.

 

Message from

House of

Assembly:

Liquor Licensing (Licensed Clubs) Amendment Bill.

 

 

Schedule of the amendment made by the House of Assembly

Clause 6, page 3, after line 4 - Insert -

        “(6)  The Minister must cause a review of the operation of this section (including the granting of exemptions under subsection (2)) to be undertaken as soon as possible after the period of 12 months from the date of commencement of this subsection.

         (7)  A report on the outcome of the review is to be tabled in each House of Parliament within 6 months after the period referred to in subsection (6).”

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 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.

 

 

 

19.

The Attorney-General, at the request and on behalf of the Treasurer, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Superannuation Act 1988.

                 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.

 

Superannuation (Miscellaneous) Amendment Bill.

 

20.

The Attorney-General, at the request and on behalf of the Treasurer, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Petroleum Products Regulation Act 1995.

                 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.

 

Petroleum

Products

Regulation

(Licence Fees

and Subsidies)

Amendment

Bill.

 

21.

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

 

Postponement

 of Business.

 

 

22.

Ordered - That the Council, at its rising, do adjourn until Tuesday, 17 March 1998, at fifteen minutes past two o’clock.

 

Next Day

of Sitting.

 

23.

Council adjourned at eleven minutes to six o’clock until Tuesday, 17 March 1998, 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. J. F. Stefani

The Hon. G. Weatherill

The Hon. N. Xenophon

The Hon. C. Zollo