[SOUTH AUSTRALIA]

No. 18

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

THURSDAY 26 MARCH 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 Attorney-General (The Hon. K. T. Griffin), without notice, moved - That the Standing Orders be so far suspended as to enable Petitions, the Tabling of Papers and Question Time to be taken into consideration at fifteen minutes past two 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.

   3.

The Attorney-General, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Legal Practitioners Act 1981.

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

 

Legal

Practitioners (Miscellaneous) Amendment

Bill.

   4.

The Attorney-General, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to give effect to a co-operative scheme for dealing with crimes at sea; and for other purposes.

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

 

Crimes at

Sea Bill.

   5.

The Attorney-General, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Acts Interpretation Act 1915, the Criminal Law Consolidation Act 1935, the Environment, Resources and Development Court Act 1993, the Evidence (Affidavits) Act 1928, the Land Acquisition Act 1969, the Oaths Act 1936, the Partnerships Act 1891, the Police (Complaints and Disciplinary Proceedings Act 1985, the Public Trustee Act 1995, the State Records Act 1997, the Strata Titles Act 1988 and the Wills Act 1936.

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

 

Statutes

Amendment (Attorney-

General’s

Portfolio) Bill.

   6.

The Minister for Transport and Urban Planning, pursuant to notice, moved - That she have leave to introduce a Bill for an Act to amend the Non-Metropolitan Railways (Transfer) Act 1997.

                 Question put and passed.

 

Leave to

Introduce

a Bill.

   7.

Ordered - That Order of the Day (Government Business) No. 1 be an Order of the Day for next day of sitting.

 

Postponement

of Business.

   8.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the MFP Development (Winding-Up) Amendment Bill.

 

In the Committee

 

                          Clause No. 10 further considered and struck out.

                          Clause No. 11 struck out.

                          New clause No. 11 inserted.

                          Clauses No. 12 to No. 15 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 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.

 

MFP

Development (Winding-Up) Amendment

Bill.

   9.

Ordered - That Orders of the Day (Government Business) No. 3 be postponed and taken into consideration on motion.

 

Postponement

of Business.

10.

Ordered - That Orders of the Day (Government Business) No. 4 to No. 6 be postponed and taken into consideration after Order of the Day (Government Business) No. 7.

 

Postponement

of Business.

11.

On the Order of the Day being read for the adjourned debate on the question - That the Barley Marketing (Application of Parts 4 and 5) 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 and No. 2 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.

 

Barley

Marketing (Application

of Parts 4 and 5) Amendment

Bill.

12.

Ordered - That Order of the Day (Government Business) No. 4 be postponed and taken into consideration on motion.

 

Postponement

of Business.

13.

Ordered - That Orders of the Day (Government Business) No. 5 and No. 6 and No. 8 to No. 10 be postponed and taken into consideration after Order of the Day (Government Business) No. 14.

 

Postponement

of Business.

14.

Ordered - That Orders of the Day (Government Business) No. 11 to No. 13 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

15.

Ordered - That Order of the Day (Government Business) No. 14 be postponed and taken into consideration on motion.

 

Postponement

of Business.

16.

On the Order of the Day being read for the adjourned debate on the question - That the Industrial and Employee Relations (Disclosure of Information) 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 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.

 

Industrial and Employee

Relations

(Disclosure of Information) Amendment

Bill.

  17.

Ordered - That the adjourned debate on the question - That the Workers Rehabilitation and Compensation (Self Managed Employer Scheme) Amendment 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. 5 agreed to.

                          New clause No. 5B inserted.

                          Clause No. 6 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 motion.

 

Workers Rehabilitation

and

Compensation

(Self Managed Employer Scheme)

Amendment Bill.

18.

Ordered - That Orders of the Day (Government Business) No. 6, No. 8 to No. 10 and No. 15 be postponed and taken into consideration after Order of the Day (Private Business) No. 3.

 

Postponement

of Business.

19.

On the Order of the Day being read for the adjourned debate on the motion of the Hon.
C. A. Pickles - That this Council -

         I.      Calls on the Minister for Education, Children’s Services and Training to acknowledge criticisms by the Ombudsman that the final report to the Minister of the Upper West School Cluster Review did not reflect dissenting views, that documents presented to the Minister contained inaccuracies, that the Co-Chairs of the Croydon Primary School signed the final report on misleading advice and that grave doubt exists as to the extent of consideration given to the Croydon minority report;

        II.      Acknowledges the significant campaign by the Croydon Primary School Council and parents and friends to save the school and advance the educational opportunities of their children; and

III.     Condemns the Minister for Education, Children’s Services and Training for closing the Croydon Primary School:

          Debate resumed.

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

 

Croydon Primary

School Closure -

Motion re.

20.

On the Order of the Day being read for the adjourned debate on the motion of the Hon.
L. H. Davis - That the Report of the Auditor-General on the Port Adelaide Flower Farm be noted:

                 Debate resumed.

                 On motion of the Hon. G. Weatherill, the debate was adjourned until Wednesday,
27 May 1998.

 

Report of the Auditor-General

on the Port

Adelaide

Flower Farm

be noted -

Motion re.

 

21.

The Hon. P. Holloway, according to order, moved - That the Freedom of Information (Public Opinion Polls) Amendment Bill be now read a second time.

                 On motion of the Hon. C. V. Schaefer, the debate was adjourned until Wednesday,
27 May 1998.

 

Freedom of Information

(Public

Opinion Polls)

Amendment

Bill.

 

22.

Ordered - That Orders of the Day (Government Business) No. 6 and No. 8 to No. 10 be postponed and taken into consideration after Order of the Day (Government Business) No. 15.

 

Postponement

of Business.

23.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of Message No. 54 from the House of Assembly relating to the Road Traffic (Vehicle Identifiers) 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.

 

Road Traffic

(Vehicle

Identifiers) Amendment

Bill.

  24.

Ordered - That the adjourned debate on the question - That the Statutes Amendment (Consumer Affairs) 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. 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.

 

Statutes

Amendment (Consumer

Affairs) Bill.

25.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Workers Rehabilitation and Compensation (Self Managed Employer Scheme) Amendment Bill.

 

In the Committee

 

                          Clause No. 6 further considered and agreed to.

                          New clause No. 7 inserted.

                          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 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.

 

Workers Rehabilitation

and

Compensation

(Self Managed Employer Scheme)

Amendment Bill.

26.

On the Order of the Day being read for the adjourned debate on the question - That the Dangerous Substances (Transport of Dangerous Goods) 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. 26 agreed to.

                          Schedule 1 agreed to.

                          Schedule 2 agreed to.

                          Schedule 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.

 

Dangerous Substances (Transport of Dangerous Goods)

Amendment Bill.

27.

At nine minutes past one o’clock the sitting was suspended until the ringing of the bells.

                 At fifteen minutes past two o’clock the sitting was resumed.

 

Suspension and

Resumption of

Sitting.

 

28.

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

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

                 District Council By-laws -

                          Renmark Paringa -

                                   No. 3 - Poultry and Other Birds.

                                   No. 4 - Streets.

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

                 South Australian Housing Trust - Triennial Review 1998.

 

Papers.

29.

The Attorney-General, while making a Ministerial Statement, tabled a copy of a letter to him from T. A. Worthington, Chief Judge, District Court, dated 11 March 1998, together with a copy of a letter to Chief Judge T. A. Worthington from G. D. Rowett, Inspector, South Australia Police Prosecution Services Division, dated 9 March 1998 and corrected extracts from the Annual Report, 1996-97 of the Juvenile Justice Advisory Committee.

 

Paper

Tabled.

30.

The Minister for Transport and Urban Planning, while making a Ministerial Statement, tabled a copy of  a document titled “West Beach Boat Launching Facility - Consolidated Condition List as imposed on 2 December 1997 and as varied on 25 March 1998”.

 

Paper

Tabled.

31.

The Minister for Transport and Urban Planning tabled a copy of a Ministerial Statement made by the Minister for Human Services (The Hon. D. C. Brown, M.P.) concerning South Australian Housing Trust - Triennial Review.

 

Paper

Tabled.

32.

The Minister for Transport and Urban Planning, without notice, moved - That the Standing Orders be so far suspended as to enable Question Time to be extended until twenty-five minutes to four 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.

33.

The Minister for Transport and Urban Planning, pursuant to leave granted this day, introduced a Bill for an Act to amend the Non-Metropolitan Railways (Transfer) Act 1997.

                 Bill introduced and read a first time.

                 The Minister for Transport and Urban Planning 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.

 

Non-Metropolitan Railways (Transfer)

(Building and Development

Work)

Amendment Bill.

 

34.

On the Order of the Day being read for the adjourned debate on the question - That the National Wine Centre (Land of Centre) Amendment Bill be now read a second time:

                 Debate resumed.

National

Wine Centre

(Land of Centre) Amendment Bill.

 

                 The Hon. M. J. Elliott, by leave, tabled a copy of a letter to him from the Deputy Premier (The Hon. G. A. Ingerson, M.P.) dated, 17 July 1997, together with attachments labelled A-E.

Paper Tabled.

 

 

                 The Hon. M. J. Elliott, by leave, tabled a copy of a Ministerial Response to amendments proposed in the Legislative Council relating to the National Wine Centre Bill, 1997.

                 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. 5 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.

 

Paper Tabled.

35.

On the Order of the Day being read for the adjourned debate on the question - That the Local Government (Memorial Drive Tennis Centre) Amendment Bill be now read a second time:

                 Debate resumed.

                 Question put.

Local

Government (Memorial

Drive Tennis

Centre)

Amendment

Bill.

 

            Council divided:

 

 

Ayes, 18.

The Hon. T. G. Cameron

The Hon. T. Crothers

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. K. T. Griffin

The Hon. P. Holloway

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

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

The Hon. R. I. Lucas (Teller)

Noes, 3.

The Hon. M. J. Elliott

The Hon. S. M. Kanck

The Hon. I. Gilfillan (Teller)

 

 

 

        So it was resolved in the affirmative.

                 Bill read a second time.

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

 

In the Committee

 

                          Clauses No. 1 and No. 2 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.

 

 

36.

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

Message No. 61

                 MR. PRESIDENT - The House of Assembly has agreed to the amendments made by the Legislative Council in the Petroleum Products Regulation (Licence Fees and Subsidies) Amendment Bill, without any amendment.

House of Assembly, 26 March 1998.                                                                J.K.G. OSWALD, Speaker.

 

Messages from

House of Assembly:

Petroleum Products

Regulation

(Licence Fees

and Subsidies) Amendment Bill.

 

 

Message No. 62

                 MR. PRESIDENT - The House of Assembly has agreed to the amendments made by the Legislative Council in the MFP Development (Winding-Up) Amendment Bill, without any amendment.

House of Assembly, 26 March 1998.                                                                J.K.G. OSWALD, Speaker.

 

MFP

Development (Winding-Up) Amendment Bill.

 

 

Message No. 63

                 MR. PRESIDENT - The House of Assembly has agreed to Amendment No. 1 made by the Legislative Council in the Workers Rehabilitation and Compensation (Self Managed Employer Scheme) Amendment Bill without any amendment; and has disagreed to Amendment No. 2 as indicated in the annexed Schedule. The House of Assembly returns the Bill herewith and desires its reconsideration.

House of Assembly, 26 March 1998.                                                                J.K.G. OSWALD, Speaker.

 

Workers Rehabilitation

and

Compensation

(Self Managed Employer Scheme)

Amendment Bill.

 

 

Schedule of the amendment made by the Legislative Council

to which the House of Assembly has disagreed.

No. 2.       Page 3 - After line 16 insert new clause as follows:

Sunset provision

         7. On the expiration of 2 years from the commencement of this Act, the amendments made by this Act are cancelled and the text of the Acts amended by this Act is restored to the form in which that statutory text would have existed if this Act had not been passed.”

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

                 Ordered - That the Message be taken into consideration on motion.

 

 

37.

Ordered - That the adjourned debate on the question - That the Pastoral Land Management and Conservation (Board Procedures, Rent, etc.) Amendment Bill be now read a second time - be now resumed.

                 Debate resumed.

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

 

Pastoral Land Management

and

Conservation

(Board Procedures,

Rent, etc.) Amendment Bill.

 

38.

At three minutes past six o’clock the sitting was suspended until the ringing of the bells.

                 At fifteen minutes past two o’clock the sitting was resumed.

 

Suspension and

Resumption of

Sitting.

 

39.

Ordered - That the adjourned debate on the question - That the Pastoral Land Management and Conservation (Board Procedures, Rent, etc.) Amendment Bill be now read a second time - be now resumed.

                 Debate resumed.

                 Question put and passed.

                 The Hon. T. G. Roberts, without notice, moved - That the Standing Orders be so far suspended as to enable the Pastoral Land Management and Conservation (Board Procedures, Rent, etc.) Amendment Bill to be referred to a Select Committee.

                 Question put.

                 And there being dissentient voices, the Council divided:

Pastoral Land Management

and

Conservation

(Board Procedures,

Rent, etc.) Amendment Bill.

 

Ayes, 9.

The Hon. T. Crothers

The Hon. M. J. Elliott

The Hon. I. Gilfillan

The Hon. P. Holloway

The Hon. S. M. Kanck

The Hon. C. A. Pickles

The Hon. R. R. Roberts

The Hon. G. Weatherill

The Hon. T. G. Roberts (Teller)

  Noes, 7.

The Hon. L. H. Davis

The Hon. K. T. Griffin

The Hon. R. D. Lawson

The Hon. A. J. Redford

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. D. V. Laidlaw (Teller)

 

 

 

        And there not being an absolute majority, the motion passed in the negatived.

                 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 motion.

 

 

40.

At twenty minutes past eight o’clock the sitting was suspended until the ringing of the bells.

_____________________

 

And it being twelve of the clock:

FRIDAY 27 MARCH 1998

_____________________

 

                 At five minutes past twelve o’clock midnight the sitting was resumed.

 

Suspension and

Resumption of

Sitting.

41.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of Message No. 63 from the House of Assembly relating to the Workers Rehabilitation and Compensation (Self Managed Employer Scheme) Amendment Bill.

 

In the Committee

 

                          Resolved - That Amendment No. 2 be not insisted on and the alternative amendment be agreed to .

_____________________

 

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

 

Workers Rehabilitation

and

Compensation

(Self Managed Employer Scheme)

Amendment Bill.

42.

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

 

Postponement

of Business.

 

43.

The Treasurer moved - That the Council, at its rising, do adjourn until Tuesday, 26 May 1998, at fifteen minutes past two o’clock.

                 Debate ensued.

                 Question put and passed.

 

Next Day

of Sitting.

44.

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

                 At three minutes past one o’clock a.m. the sitting was resumed.

 

Suspension and

Resumption of

Sitting.

 

45.

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

Message No. 64

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith entitled an Act to amend the Statutes Amendment (Consumer Affairs) Act 1998, without any amendment.

House of Assembly, 26 March 1998.                                                                J.K.G. OSWALD, Speaker.

 

Messages from

House of

Assembly:

Statutes

Amendment (Consumer Affairs)

Amendment Bill.

 

 

Message No. 65

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith entitled a Bill for an Act to amend the Road Traffic Act 1961, 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 March 1998.                                                                J.K.G. OSWALD, Speaker.

 

Road Traffic

(School Zones) Amendment Bill.

 

 

Schedule of the amendments made by the House of Assembly

No. 1.       New clause, page 2, after line 3 - Insert:-

Amendment of s.19 - Cost of traffic control devices

           3a.  Section 19 of the principal Act is amended -

(a)   by inserting in subsection (1) “Subject to this section,” before “The cost of installing”;

(b)   by inserting after subsection (1) the following subsection:

           (2)  Where the cost of installing, altering or removing a traffic control device related to a school zone would, but for this subsection, be borne by a council, that cost will instead be borne by the Minister.’

No. 2.       Clause 6, page 2 - Leave out this clause and insert:-

Amendment of s.175 - Evidence

           6.  Section 175 of the principal Act is amended -

(a)   by inserting after paragraph (c) of subsection (1) the following paragraph:

        (ca)   that a vehicle was driven in a school zone; or;

(b)   by inserting after subsection (2) the following subsection:

         (2a)  In proceedings for an offence against this Act, if it is proved that a person was present in a school zone when a specified vehicle was driven in the school zone and evidence is given that the person appeared to the witness to be a child (within the meaning of section 49), it will be presumed in the absence of proof to the contrary that the person was a child (within the meaning of section 49).’

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. 66

                          MR. PRESIDENT - The House of Assembly has agreed to the alternative amendment in lieu of its Amendment No. 2 in the Workers Rehabilitation and Compensation (Self Managed Employer Scheme) Amendment Bill, without any amendment.

House of Assembly, 26 March 1998.                                                                J.K.G. OSWALD, Speaker.

 

Workers Rehabilitation and

Compensation

(Self Managed Employer Scheme)

Amendment Bill.

 

46.

Council adjourned at twenty seven minutes to two o’clock a.m. until Tuesday, 26 May 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