[SOUTH AUSTRALIA]

No. 33

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  26  MAY  1999

 

 

 

   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 Hon. A. J. Redford brought up the Thirteenth Report, 1998-99 of the Legislative Review Committee.

 

Legislative Review Committee -

Thirteenth Report,

1998-99.

 

   3.

The Hon. A. J. Redford brought up the Report of the Legislative Review Committee on Unproclaimed Legislation.

 

Legislative Review Committee -

Report on

Unproclaimed

Legislatioin.

 

   4.

The Treasurer (The Hon. R. I. Lucas) tabled a copy of a Ministerial Statement made by the Premier (The Hon. J. W. Olsen, M.P.) concerning Employment.

 

Paper
Tabled.

   5.

The Minister for Transport and Urban Planning (The Hon. D. V. Laidlaw) tabled a copy of a Ministerial Statement made by the Minister for Aboriginal Affairs (The Hon. D. C. Kotz, M.P.) concerning Aboriginal Reconciliation.

 

Paper
Tabled.

   6.

In accordance with Sessional Standing Order, the President called on Members to make Statements on Matters of Interest.

 

Statements on

Matters of

Interest.

 

   7.

The Hon. C. V. Schaefer, pursuant to notice, moved - That three days’ leave of absence be granted to the Hon. J. F. Stefani on account of absence overseas representing the Government at the International Fair on Marble and Machinery at Carrara in Italy.

                 Question put and passed.

 

Leave of Absence -  The Hon.

J. F. Stefani, M.L.C.

 

   8.

The Hon. P. Holloway, pursuant to notice, moved - That the Regulations under the Fisheries Act 1982 concerning Aquaculture Management Committee, made on 1 April 1999 and laid on the Table of this Council on 25 May 1999, be disallowed.

                 And the Hon. P. Holloway having obtained leave to conclude his remarks, the debate was adjourned until Wednesday next.

 

Fisheries Act - Regulations - Aquaculture Management Committee -

Motion for disallowance of.

 

   9.

Ordered - separately - That Notices of Motion (Private Business) No. 2 to No. 5 be Orders of the Day for Wednesday next.

 

Postponement

of Business.

10.

The Hon. A. J. Redford, pursuant to notice, moved - That the Report of the Legislative Review Committee concerning Unproclaimed Legislation be noted.

                 On motion of the Hon. T. Crothers, the debate was adjourned until Wednesday next.

 

Legislative Review Committee Report on Unproclaimed Legislation to be noted -

Motion re.

 

11.

Ordered - separately - That Orders of the Day (Private Business) No. 1 and No. 2 be Orders of the Day for Wednesday next.

 

Postponement

of Business.

 

12.

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

 

Postponement

of Business.

 

13.

Ordered - separately - That Orders of the Day (Private Business) No. 4 to No. 10 be Orders of the Day for Wednesday next.

 

Postponement

of Business.

 

14.

The Hon. M. J. Elliott, according to order, moved - That the Regulations under the Native Vegetation Act 1991 concerning Exemptions, made on 21 August 1998 and laid on the Table of this Council on 25 August 1998, be disallowed.

                 On motion of the Hon. T. G. Roberts, the debate was adjourned until Wednesday next.

 

Native Vegetation Act - Regulations - Exemptions -

Motion for disallowance of.

 

15.

Ordered - separately - That Orders of the Day (Private Business) No. 12 to No. 15 be Orders of the Day for Wednesday next.

 

Postponement

of Business.

 

16.

The Hon. N. Xenophon, according to order, moved - That the Gambling Industry Regulation Bill be now read a second time.

                 On motion of the Hon. C. Zollo, the debate was adjourned until Wednesday next.

 

Gambling

Industry

Regulation Bill.

 

17.

On the Order of the Day being read for the adjourned debate on the motion of the Hon.
I. Gilfillan - That the Environment, Resources and Development Committee be required to -

         I.      Establish the legal status of tuna feedlots in use at Louth Bay since on or about December 1996.

        II.      Determine -

                        (a)     what knowledge of the tuna feedlots was obtained by the Fisheries Section of PIRSA, and when was that knowledge obtained; and

                        (b)    what action was taken, or should have been taken by Fisheries Officers in response to that information.

       III.      Investigate and report on any illegality that may have occurred in connection with the Department’s response to the Louth Bay tuna feedlots.

       IV.      Determine whether Fisheries Officers were hindered in proper execution of their duties through lack of resources.

        V.      Determine whether any legal proceedings were considered or commenced in connection with the Louth Bay tuna feedlots and the reasons for such action or lack thereof.

       VI.      Investigate and report on the extent to which aquaculture enforcement has been, or is, deficient elsewhere in South Australian waters.

     VII.      Indicate what, if any, alteration in procedures or resources would be required for adequate enforcement of aquaculture:

                 Debate resumed.

                 On motion of the Hon. C. V. Schaefer, the debate was adjourned until Wednesday next.

 

Tuna Feedlots

in Louth Bay - Environment, Resources and Development Committee to

inquire into -

Motion re.

18.

Ordered - That Order of the Day (Private Business) No. 18 be postponed and taken into consideration on motion.

 

Postponement

of Business.

19.

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

                 Debate resumed.

                 On motion of the Minister for Transport and Urban Planning, the debate was adjourned until Wednesday next.

 

Constitution (Citizenship) Amendment

Bill.

20.

At seven minutes past 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.

 

21.

Ordered - That the adjourned debate on the question - That the Road Traffic (Notification of Use of Photographic Detection Devices) Amendment Bill be now read a second time - be now resumed.

                 Debate resumed.

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

 

Road Traffic

(Notification of

Use of Photographic

Detection Devices)

Amendment Bill.

22.

Ordered - That the adjourned debate on the motion of the Hon. S. M. Kanck - That the following be referred to the Standing Committee on Environment Resources and Development -

         I.      The economic, social and environmental impacts of the closure, at various heights, of Adelaide City Council’s Wingfield Waste Management Centre;

        II.      The economic, social and environmental impacts of transporting waste to alternative near metropolitan and rural waste depot sites as a consequence of the closure of the Wingfield Waste Management Centre; and

       III.      Any other related matter - be now resumed.

                 Debate resumed.

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

 

Closure of Adelaide

City Council’s

Wingfield Waste

Management

Centre -

Environment,

Resources and

Development

Committee to

investigate -

Motion re.

23.

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

 

Postponement

of Business.

 

24.

The Minister for Disability Services (The Hon. R. D. Lawson), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Geographical Names Act 1991.

                 Question put and passed.

                 Bill introduced and read a first time.

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

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

 

Geographical Names (Assignment

of Names)

Amendment Bill.

25.

The Attorney-General (The Hon. K. T. Griffin) pursuant to notice, moved - That he have leave to introduce a Bill for an Act to request the amendment of the Australia Acts 1986 in connection with the proposed constitutional arrangements to establish the Commonwealth of Australia as a republic.

                 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.

 

Australia Acts (Requests) Bill.

26.

The Attorney-General, by leave, and at the request of the Treasurer, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the ASER (Restructure) Act 1997.

                 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.

 

ASER

(Restructure) (Miscellaneous) Amendment Bill.

27.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 7 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

 

28.

Ordered - That Orders of the Day (Government Business) No. 8 to No. 13 be postponed and taken into consideration after Order of the Day (Government Business) No. 14.

 

Postponement

of Business.

 

29.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment and Repeal (Justice Portfolio) Bill be now read a second time:

                 Debate resumed.

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

                

Statutes

Amendment and Repeal (Justice Portfolio) Bill.

30.

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

 

Postponement

of Business.

31.

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

                 Debate resumed.

                 On motion of the Hon. R. R. Roberts, the debate was adjourned until next day of sitting.

 

Barley Marketing (Miscellaneous) Amendment Bill.

32.

Ordered - That Orders of the Day (Government Business) No. 10 to No. 13 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

 

33.

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

Message No. 59

                 MR. PRESIDENT - The House of Assembly requests that the Legislative Council give permission to the Treasurer (The Hon. R. I. Lucas), Member of the Legislative Council, to attend at the Table of the House on Thursday, 27 May 1998, for the purpose of giving a speech in relation to the Appropriation Bill.

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

                 Ordered - That the Message be taken into consideration forthwith.

                 The Attorney-General moved - That the Legislative Council grant leave to the Treasurer (The Hon. R. I. Lucas) to attend in the House of Assembly on Thursday, 27 May 1998, for the purpose of giving a speech in relation to the Appropriation Bill if he thinks fit.

                 Question put and passed.

 

Messages from

House of Assembly:

Treasurer -

Requesting

attendance in

House of Assembly.

 

 

Message No. 60

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Explosives Act 1936, to which it desires the concurrence of the Legislative Council.

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

                 Bill 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.

 

Explosives

(Broad Creek) Amendment Bill.

34.

Ordered - That Order of the Day (Government Business) No. 15 be an Order of the Day for next day of sitting.

 

Postponement

of Business.

 

35.

On the Order of the Day being read for the adjourned debate on the question - That the City of Adelaide (Rundle Mall) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. T. G. Roberts, the debate was adjourned until next day of sitting.

 

City of Adelaide (Rundle Mall) Amendment Bill.

36.

On the Order of the Day being read for the adjourned debate on the question - That the AustralAsia Railway (Third Party Access) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. T. G. Roberts, the debate was adjourned until next day of sitting.

 

AustralAsia

(Third Party

Access)

Amendment Bill.

37.

Ordered - That Orders of the Day (Government Business) No. 18 to No. 21 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

 

38.

Ordered - That the adjourned debate on the question - That the Road Traffic (Driving Hours) 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 and No. 2 agreed to.

                          Clause No. 3 amended and agreed to.

                          Clause No. 4 agreed to.

                          Title agreed to.

_____________________

 

Road Traffic (Driving Hours) Amendment

Bill.

 

                 The President resumed the Chair, and reported that the Committee had considered the Bill and had agreed to the same with amendments; whereupon the Council adopted such report.

                 The Minister for Transport and Urban Planning, pursuant to contingent notice, moved - That the Standing Orders be so far suspended as to enable the Bill to pass through its remaining stages without delay.

                 Question put and passed.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

 

39.

Council adjourned at fourteen 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. 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. G. Weatherill

The Hon. N. Xenophon

The Hon. C. Zollo

 

 

 

Member absent on leave - The Hon. J. F. Stefani