SOUTH AUSTRALIA]

No. 51

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

THURSDAY  26  JULY  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.

The Treasurer (The Hon. R. I. Lucas), 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 (The Hon. K. T. Griffin), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Criminal Law Consolidation Act 1935, the Domestic Violence Act 1994 and the Summary Procedure Act 1921.

                 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
(Stalking) Bill.

   4.

The Attorney-General (The Hon. K. T. Griffin), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Criminal Law Consolidation Act 1935; to repeal the Secret Commissions Act 1920; and to make related amendments to other Acts.

                 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.

 

Criminal Law
Consolidation
(Offences of
Dishonesty)
Amendment Bill.

   5.

The Attorney-General (The Hon. K. T. Griffin), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to provide for the award of damages for the benefit of the dependents or the estate of a deceased person where a person against whom a claim for personal injury lies unreasonably delays resolution of the claim; to amend the Wrongs Act 1936 and the Survival of Causes of Action Act 1940 for that and 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.

 

Law Reform
(Delay in
Resolution of
Personal Injury
Claims) Bill.

   6.

The Attorney-General (The Hon. K. T. Griffin), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Liquor Licensing 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. C. A. Pickles, the debate was adjourned until next day of sitting.

 

Liquor Licensing
(Reviews and
Appeals) Amendment Bill.

   7.

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

 

Postponement
of Business.

   8.

On the Order of the Day being read for the adjourned debate on the question - That the Food 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.

                          Clause No. 4 read.

                 The Hon. P. Holloway moved on page 7, after line 2, to insert:

                 ‘ “Committee” means the Food Quality Advisory Committee established under Part 9;’

                 Question - That the amendment be agreed to - put.

Food Bill.

 

           Committee divided:

Ayes, 11

The Hon. T. Crothers

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. T. G. Roberts

The Hon. R. K. Sneath

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

      So it was resolved in the affirmative.

 

Noes, 10

The Hon. T. G. Cameron

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. K. T. Griffin

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. D. V. Laidlaw (Teller)

 

 

 

                          Clause No. 4, as amended, agreed to.

                          Clauses No. 5 to No. 43 agreed to.

                          Clause No. 44 amended and agreed to.

                          Clause No. 45 agreed to.

                          Clause No. 46 amended and agreed to.

                          Clauses No. 47 to No. 50 agreed to.

                          Clause No. 51 amended and agreed to.

                          Clause No. 52 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.

 

 

   9.

At one minute 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.

 

10.

The Clerk announced that the following Petition had been lodged for presentation:

                 By the Hon. C. Zollo from 20 residents of South Australia, concerning Voluntary Euthanasia.  The Petitioners pray that this Honourable House will -

·          reject the so called Dignity in Dying (Voluntary Euthanasia) Bill;

·          move to ensure that all medical staff in all hospitals receive proper training in palliative care; and

·          move to ensure adequate funding for palliative care for terminally ill patients.

 

Petition -
No. 71 -
Voluntary
Euthanasia.

 

  11.

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

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

                 Department of Education, Training and Employment - Report, 2000.

                 Adelaide Convention Centre Corporation Charter.

                 Distribution Lessor Corporation Charter.

                 Generation Lessor Corporation Charter.

 

Papers.

12.

The Minister for Transport and Urban Planning, while making a Ministerial Statement, tabled a copy of the Arts Statement, 2000-2001.

 

Paper Tabled.

13.

The Hon. A. J. Redford brought up the First Report of the Printing Committee, 2000-2001 and moved that it be adopted.

                 Question put and passed.

                 The following Papers were ordered to be printed:

                          Animal and Plant Control Commission South Australia - Report, 2000.

                          Botanic Gardens & State Herbarium, Board of - Report, 1999-2000.

                          Coast Protection Board - Report, 1999-2000.

                          Courts Administration Authority - Report, 1999-2000.

                          Dried Fruits Board of South Australia - Report, 1999-2000.

                          Education Adelaide - Report, 1999-2000.

                          Electoral Office, State - Report, 1999-2000.

                          Employee Ombudsman - Report, 1999-2000.

                          Environment Protection Authority - Report, 1999-2000.

                          Equal Opportunity, South Australian Commissioner of - Report, 1999-2000.

                          Greyhound Racing Authority, South Australia - Report, 1999-2000.

                          Judges of the Supreme Court of South Australia - Report, 1999-2000.

                          Medical and Veterinary Science, Institute of - Report, 1999-2000.

                          Native Vegetation Council - Report, 1999-2000.

                          Police Complaints Authority - Reports, 1998-2000.

                          Primary Industries and Resources South Australia - Addendum to Report, 1999-2000.

                          Psychological Board, South Australian - Report, 1999-2000.

                          Racing Industry Development Authority - Report, 1999-2000.

                          Radiation Protection and Control Act, Administration of - Report, 1999-2000.

                          SA Water - Report, 1999-2000.

                          Senior Secondary Assessment Board of South Australia - Report, 2000.

                          South Australian Country Fire Service - Report, 1999-2000.

                          South Australian Metropolitan Fire Service - Report, 1999-2000.

                          State Emergency Service - Report, 1999-2000.

                          Teachers’ Registration Board of South Australia - Report, 2000.

                          Vocational Education Employment and Training - Report, 2000.

                          WorkCover Corporation -

                                   Report, 1999-2000.

                                   Addendum to Report, 1999-2000.

                                   Erratum to Report, 1999-2000.

 

Printing
Committee -
First Report,
2000-2001.

14.

The Hon. J.S.L. Dawkins brought up the Interim Report of the Environment, Resources and Development Committee on Ecotourism.

 

Environment,
Resources and
Development
Committee -
Report on Ecotourism.

 

15.

The Attorney-General tabled a copy of a Ministerial Statement made by the Minister for Police, Correctional Services and Emergency Services (The Hon. R. L. Brokenshire, M.P.) concerning Police Training.

 

Paper Tabled.

  16.

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

 

In the Committee

 

                          Clause No. 52 further considered and agreed to.

                          Clauses No. 53 to No. 79 agreed to.

                 The Hon. P. Holloway moved on page 43, after line 9, to insert new clause as follows:

                           Assignment of food safety auditors

                                                   79A. (1) A food safety auditor who acts in relation to a particular food business under this Part must be—

                                    (a)       a person who is assigned to be the food safety auditor for that business by the appropriate enforcement agency; or

                                    (b)       in relation to a business of a prescribed class—a person who is approved as the food safety auditor for that business—

                                                   (i)       by the appropriate enforcement agency; or

                                                  (ii)      by the Minister.

                                    (2) The assignment or approval of a person as a food safety auditor for a particular business must be made in a manner approved by the relevant authority.

                                    (3) An appropriate enforcement agency may, in acting under this section, assign or approve a food safety auditor who is employed or engaged by the enforcement agency (but, in such a case, the enforcement agency must then take reasonable steps to ensure that there is no conflict between the activities of the food safety auditor and the enforcement or other regulatory activities of the enforcement agency under this Act)1..

                                        1.       In the case of an enforcement agency that is a council, section 36(3) of the Local Government Act 1999 also provides that the council should, in the arrangement of its affairs, take reasonable steps to separate its regulatory activities from its other activities.

                                                   (4) The appropriate enforcement agency or the Minister may, of its or his or her own initiative, or on the application of the proprietor of the relevant food business, if the enforcement agency or the Minister thinks fit, revoke an assignment or approval previously given by the enforcement agency or Minister, as the case may be, under this section and make or give a new assignment or approval.

                                                   (5) A fee prescribed by the regulations is payable with respect to audits or other activities carried out by food safety auditors who are employed or engaged by enforcement agencies.

                                                   (6) No liability attaches to an enforcement agency by virtue of the fact that it has assigned or approved a particular person as a food safety auditor under this section.”

                 Question - That new clause No. 79A as proposed to be inserted by the Hon. P. Holloway, be so inserted - put and negatived.

                          Clauses No. 80 to No. 96 agreed to.

                 The Hon. P. Holloway moved on page 49, after line 27, to insert new clauses as follow:

                                                DIVISION 5—THE FOOD QUALITY ADVISORY COMMITTEE

                          Establishment of Committee

                                    96A. (1) The Food Quality Advisory Committee is established.

                                    (2) The Committee will consist of ten members appointed by the Governor, of whom—

                                    (a)    one will be the presiding member, nominated by the Minister;

                                    (b)    one will be an officer of the Department of the Minister, nominated by the Minister;

                                    (c)    two will be persons nominated by the LGA;

                                    (d)    one will be a person who, in the opinion of the Minister, is an expert in a discipline relevant to production, composition, safety or nutritional value of food;

                                    (e)    two will be persons who, in the opinion of the Minister after consultation with Business SA, have wide experience in the production, manufacture or sale of food from a business perspective;

                                    (f)     one will be a person nominated by the United Trades and Labor Council;

                                    (g)    two will be persons who, in the opinion of the Minister, are suitable persons to represent the interests of consumers of food.

                                    (3) At least one member of the Committee must be a woman and at least one member must be a man.

 

Food Bill.

 

                                    (4) The Governor may appoint a suitable person to be the deputy of a member of the Committee during any period of absence of the member.

                          Conditions of membership

                                    96B. (1) A member of the Committee will be appointed on conditions determined by the Governor and for a term, not exceeding three years, specified in the instrument of appointment and, at the expiration of a term of office, is eligible for reappointment.

                                    (2) The Governor may remove a member of the Committee from office—

                                    (a)    for breach of, or non-compliance with, a condition of appointment; or

                                    (b)    for misconduct; or

                                    (c)    for failure or incapacity to carry out duties satisfactorily.

                                    (3) The office of a member of the Committee becomes vacant if the member—

                               (a)    dies; or

                               (b)    completes a term of office and is not reappointed; or

                               (c)    resigns by written notice to the Minister; or

                               (d)    is removed from office under subsection (2).

                                    (4) A member of the Committee is entitled to allowances and expenses determined by the Governor.

                          Functions of the Committee

                                    96C. The functions of the Committee are—

                                    (a)    to advise the Minister on any matter relating to the administration, enforcement or operation of this Act; and

                                    (b)    to consider and report to the Minister on proposals for the making of regulations under this Act; and

                                    (c)    to investigate and report to the Minister on any matters referred to the Committee for advice.

                          Procedure at meetings

                                    96D. (1) The presiding member will preside at a meeting of the Committee or, in the absence of that member, a member chosen by those present will preside.

                                    (2) Six members of the Committee constitute a quorum of the Committee (and no business may be transacted at a meeting unless a quorum is present).

                                    (3) Each member present at a meeting of the Committee has one vote on any question arising for decision and, if the votes are equal, the member presiding at the meeting has a second, or casting, vote.

                                    (4) The Committee must have accurate minutes kept of its proceedings.

                                    (5) Subject to this Act, the Committee may determine its own procedures.

                          Disclosure of interest

                                                   96E. (1) A member of the Committee who has a direct or indirect personal or pecuniary interest in a matter under consideration by the Committee—

                                    (a)    must, as soon as he or she becomes aware of his or her interest, disclose the nature and extent of the interest to the Committee; and

                                    (b)    must not take part in any deliberations or decision of the Committee on the matter and must be absent from the room when any deliberations are taking place or decision is being made.

                                    Maximum penalty: $5 000.

                                    (2) A disclosure under this section must be recorded in the minutes of the Committee.”

                 The Hon. T. G. Cameron moved to amend new clause 96A, as proposed to be inserted by the Hon. P. Holloway, by inserting in subclause (2)(c) after “LGA” the following:

                  “who, in the opinion of the Minister, have wide experience in—

                          (i)          the inspection or auditing of food businesses; or

                          (ii)         the production, manufacture or sale of food”.

                 The Hon. T. G. Cameron moved to amend new clause 96A, as proposed to be inserted by the Hon. P. Holloway, by inserting in subclause (2)(f) after “Council” the following:

                  “who, in the opinion of the Minister, has wide experience in—

                          (i)          the inspection or auditing of food businesses; or

                          (ii)         in the production, manufacture or sale of food”.

                 The Hon. T. G. Cameron moved to amend new clause 96A, as proposed to be inserted by the Hon. P. Holloway, by leaving out subclause (3) and inserting new subclause as follows:

                          “(3) At least two members of the Committee must be women and at least two members must be men.”

 

 

 

                 Question - That the amendment moved by the Hon. T. G. Cameron to new clause No. 96A(2)(c), as proposed to be inserted  by the Hon. P. Holloway, be agreed to - put.

 

 

            Committee divided:

Ayes, 14

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. S. M. Kanck

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. N. Xenophon

The Hon. T. G. Cameron (Teller)

      So it was resolved in the affirmative.

 

Noes, 5

The Hon. C. A. Pickles

The Hon. R. R. Roberts

The Hon. T. G. Roberts

The Hon. R. K. Sneath

The Hon. P. Holloway (Teller)

 

 

 

                 Question - That the amendment moved by the Hon. T. G. Cameron to new clause No. 96A(2)(f), as proposed to be inserted  by the Hon. P. Holloway, be agreed to - put.

 

 

            Committee divided:

Ayes, 11

The Hon. T. Crothers

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. N. Xenophon

The Hon. T. G. Cameron (Teller)

      So it was resolved in the affirmative.

 

Noes, 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. T. G. Roberts

The Hon. R. K. Sneath

The Hon. P. Holloway (Teller)

 

 

 

                 Question - That the amendment moved by the Hon. T. G. Cameron to new clause No. 96A(3), as proposed to be inserted by the Hon. P. Holloway, be agreed to - put and passed.

                 Question - That new clause No. 96A, as proposed to be inserted by the Hon. P. Holloway and as amended by the Hon. T. G. Cameron, be so inserted - put and passed.

                          New clause No. 96A inserted.

                 Question - That new clause No. 96B, as proposed to be inserted by the Hon. P. Holloway, be so inserted - put and passed.

                          New clause No. 96B inserted.

                 Question - That new clause No. 96C, as proposed to be inserted by the Hon. P. Holloway, be so inserted - put and passed.

                          New clause No. 96C inserted.

                 Question - That new clause No. 96D, as proposed to be inserted by the Hon. P. Holloway, be so inserted - put and passed.

                          New clause No. 96D inserted.

 

 

                 Question - That new clause No. 96E, as proposed to be inserted by the Hon. P. Holloway, be so inserted - put and passed.

                          New clause No. 96E inserted.

                          Clauses No. 97 to No. 115 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 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.

 

 

17.

Ordered - That Orders of the Day (Government Business) No. 12 to No. 15 be postponed and taken into consideration on motion.

 

Postponement
of Business.

18.

Ordered - That Notices of Motion (Private Business) No. 1 to No. 3 and Orders of the Day (Private Business) No. 1 to No. 20 be postponed and taken into consideration after Order of the Day (Private Business) No. 21.

 

Postponement
of Business.

19.

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

                 Debate resumed.

                 Question put and passed.

                 Bill read a second time.

                 Ordered - That the Bill’s consideration in Committee be an Order of the Day for Wednesday, 26 September 2001.

 

Freedom of
Information Bill.

20.

On the Order of the Day being read for the adjourned debate on the question - That the Medical Practice 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.

                          Clause No. 3 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.

 

Medical Practice
Bill.

21.

At two minutes to 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.

 

  22.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of Message No. 91 from the House of Assembly relating to the Criminal Law (Sentencing) (Sentencing Procedures) Amendment Bill.

 

Criminal Law
(Sentencing)
(Sentencing
Procedures) 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.

 

 

23.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Retail and Commercial Leases (GST) Amendment Bill.

 

Retail and
Commercial
Leases (GST)
Amendment Bill.

 

In the Committee

 

                 New clause No. 8, which the Hon. N. Xenophon had moved to insert on page 4, after line 17, as follows:

                          Insertion of s. 56A

                                    8. The following section is inserted after section 56 of the principal Act:

                                                Lessor to ensure granting casual lease does not restrict access to retail shop etc.

                                                          56A. A retail shop lease is taken to include provision that the lessor must ensure that any person who has a temporary right to occupy a common area under a casual lease does not unreasonably restrict access to the retail shop or unreasonably obscure the view of the retail shop.”

         - further considered.

                 Amendment, by leave, withdrawn.

                          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.

                 Ordered - That the Bill be recommitted.

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

 

In the Committee

 

                          Clauses No. 1 and No. 2 reconsidered and agreed to.

                          Clause No. 3 reconsidered and struck out.

                          Clause No. 3A reconsidered and struck out.

                          Clause No. 4 reconsidered and struck out.

                          Clause No. 5 reconsidered and struck out.

                          Clause No. 5A reconsidered and struck out.

                          Clause No. 6 reconsidered and struck out.

                          New clause No. 6A inserted.

                          Clause No. 7 reconsidered and struck out.

                          New clause No. 7 inserted.

                          Title reconsidered and agreed to.

____________________

 

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

                 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.

 

 

  24.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Medical Practice Bill.

 

Medical Practice
Bill.

 

In the Committee

 

                          Clause No. 3 further considered.

                 The Hon. S. M. Kanck moved on page 5, after line 19, to insert the follows:

                          “"exposure prone procedure" means a procedure where there is a potential for contact between the skin of the person carrying out the procedure and sharp surgical instruments in body cavities or poorly visualised or confined sites in the body (including the mouth) of the person on whom the procedure is being carried out;”

                 Question - That the amendment be agreed to - put.

 

 

            Committee divided:

Ayes, 4

The Hon. T. Crothers

The Hon. M. J. Elliott

The Hon. I. Gilfillan

The Hon. S. M. Kanck (Teller)

 

 

 

 

 

 

 

 

 

 

 

 

 

      So it passed in the negative.

 

Noes, 17

The Hon. T. G. Cameron

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. K. T. Griffin

The Hon. P. Holloway

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

The Hon. D. V. Laidlaw (Teller)

 

 

 

                          Clause No. 3 otherwise amended and agreed to.

                          Clause No. 4 read.

                 The Hon. S. M. Kanck moved on page 8, lines 10 and 11, to leave out all words in these lines.

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

                          Clause No. 4 agreed to.

                          Clause No. 5 agreed to.

                          Clause No. 6 read.

                 The Hon. P. Holloway moved on page 9, lines 25 and 26, to leave out subparagraph (iv) and on page 9, line 27, to leave out “1” and insert “2”.

                 Question - That the amendments be agreed to - put.

 

 

           Committee divided:

Ayes, 12

The Hon. T. G. Cameron

The Hon. T. Crothers

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. T. G. Roberts

The Hon. R. K. Sneath

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

      So it was resolved in the affirmative.

 

Noes, 9

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. K. T. Griffin

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. D. V. Laidlaw (Teller)

 

 

 

                 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.

 

 

25.

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

Message No. 92

                 MR. PRESIDENT - The House of Assembly informs the Legislative Council that it concurs with the Resolution of the Legislative Council contained in Message No. 79 for the appointment of a Joint Committee on Dairy Deregulation and that the House of Assembly will be represented on the Committee by three Members, of whom two shall form the quorum necessary to be present at all sittings of the Committee.

 

Messages from
House of Assembly:
Joint Committee
on Dairy
Deregulation.

 

 

                 The House of Assembly has also suspended its Standing Orders to permit the Joint Committee to authorise the disclosure or publication, as it thinks fit, of any evidence or documents presented to the Committee prior to such evidence being reported to the Assembly.

House of Assembly, 26 July 2001.                                                                      J.K.G. OSWALD, Speaker.

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

 

 

 

Message No. 93

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Summary Offences Act 1953, to which it desires the concurrence of the Legislative Council.

House of Assembly, 26 July 2001.                                                                      J.K.G. OSWALD, Speaker.

                 Bill read a first time.

                 The Hon. N. Xenophon then moved - That this Bill be now read a second time.

                 On motion of the Hon. J.S.L. Dawkins, the debate was adjourned until Wednesday, 26 September 2001.

 

Summary
Offences
(Piercing of
Children)
Amendment Bill.

  26.

Ordered - That Message No. 92 from the House of Assembly relating to the appointment of a Joint Committee on Dairy Deregulation be now taken into consideration.

                 The Hon. I. Gilfillan moved - That the Members of this Council appointed to the Committee be the Hon. R. R. Roberts, the Hon. T. G. Roberts and the mover.

                 Question put and passed.

 

Joint Committee
on Dairy
Deregulation.

27.

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

Message No. 94

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to facilitate the completion of an inquiry relating to the Hindmarsh Soccer Stadium by the Auditor-General; and for other purposes, to which it desires the concurrence of the Legislative Council.

House of Assembly, 26 July 2001.                                                                      J.K.G. OSWALD, Speaker.         Bill read a first time.

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

                 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.

                 Debate ensued.

                 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.

                          Clause No. 6 read.

                 The Hon. J. F. Stefani moved on page 4, after line 34, to insert new subclause as follows:

         “(5a)  No public funds may be applied for the purpose of any proceedings relating to an act or omission of the Auditor-General in connection, or purported connection, with the Inquiry brought before a court, other than funds applied by the Auditor-General or by the court itself.”

_____________________

 

And it being twelve of the clock:

FRIDAY 27 JULY 2001

_____________________

 

Messages from
House of Assembly:
Hindmarsh Soccer
Stadium (Auditor-
General’s Report)
Bill.

 

 

                 The Hon. P. Holloway moved to amend the amendment moved by the Hon. J. F. Stefani by leaving out “for the purpose of” and inserting “in relation to any legal costs incurred after 27 July 2001 in connection with”.

                 Question - That the amendment moved by the Hon. P. Holloway to the amendment moved by the Hon. J. F. Stefani be agreed to - put.

 

 

           Committee divided:

Ayes, 11

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. T. G. Roberts

The Hon. R. K. Sneath

The Hon. J. F. Stefani

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

      So it was resolved in the affirmative.

 

Noes, 10

The Hon. T. G. Cameron

The Hon. T. Crothers

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. C. V. Schaefer

The Hon. K. T. Griffin (Teller)

 

 

 

                 Question - That the amendment moved by the Hon. J. F. Stefani, as amended by the Hon. P. Holloway, be agreed to - put.

 

 

           Committee divided:

Ayes, 11

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. T. G. Roberts

The Hon. R. K. Sneath

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. J. F. Stefani (Teller)

      So it was resolved in the affirmative.

 

Noes, 10

The Hon. T. G. Cameron

The Hon. T. Crothers

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. C. V. Schaefer

The Hon. K. T. Griffin (Teller)

 

 

 

                          Clause No. 6, as amended, agreed to.

                          Title agreed to.

____________________

 

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

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

 

 

Message No. 95

                 MR. PRESIDENT - The House of Assembly has agreed to the amendments made by the Legislative Council in the Water Resources (Reservation of Water) Amendment Bill without any amendment.

House of Assembly, 26 July 2001.                                                                      J.K.G. OSWALD, Speaker.

 

Water Resources
(Reservation of
Water)
Amendment Bill.

 

 

Message No. 96

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Southern State Superannuation Act 1994, without any amendment.

House of Assembly, 26 July 2001.                                                                      J.K.G. OSWALD, Speaker.

 

Southern State
Superannuation
(Invalidity/Death
Insurance)
Amendment Bill.

 

 

Message No. 97

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled 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, without any amendment.

House of Assembly, 26 July 2001.                                                                      J.K.G. OSWALD, Speaker.

 

Statutes
Amendment
(Indexation of
Superannuation
Pensions) Bill.

 

 

Message No. 98

                 MR. PRESIDENT - The House of Assembly has agreed to Amendments Nos. 2 to 6 made by the Legislative Council in the Food Bill, without any amendment; and has disagreed to Amendments Nos. 1 and 7.  The House of Assembly returns the Bill herewith and desires its reconsideration.

House of Assembly, 26 July 2001.                                                                      J.K.G. OSWALD, Speaker.

Food Bill.

 

                 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 Amendments No. 1 and No. 7 be not insisted on.

____________________

 

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

 

 

28.

On the Order of the Day being read for the adjourned debate on the motion of the
Hon. P. Holloway -

                                                                                              That, upon presentation to the Attorney-
General of a copy of the report of Mr. D. Clayton, Q.C., into issues surrounding Mr. J.M.A. Cramond’s inquiry regarding Motorola, the Attorney-General shall, that same day, pass the report to the President of the Legislative Council who shall, within one day of receipt, table the report or, if the Council is not sitting or the Parliament has been prorogued, publish and distribute such a report:

                 Debate resumed.

                 The Attorney-General moved to amend the motion in line 3, by leaving out “that same day, pass the report” and inserting “as soon as is reasonably practicable, deliver it”, in line 4, by leaving out “one day” and inserting “three sitting days”, in line 5, by leaving out “a” and in line 6, after “report” by inserting “within three business days of its receipt by the President”.

                 Question - That the amendment moved by the Attorney-General in line 3 be agreed to - put and passed.

                 Question - That the amendment moved by the Attorney-General in line 4 be agreed to - put and passed.

                 Question - That the amendment moved by the Attorney-General in lines 5 and 6 be agreed to - put and passed.

                 Question - That the motion moved by the Hon. P. Holloway and as amended by the Attorney-General, be agreed to - put and passed.

 

Report of
Mr. D. Clayton, Q.C.
into issues
surrounding Mr.
J.M.A. Cramond’s
inquiry regarding
Motorola to be
published and
distributed -
Motion re.

 

29.

Ordered - That Notices of Motion (Private Business) No. 1 to No. 3 and Orders of the Day (Private Business) No. 2 to No. 20 and No. 22 be postponed and taken into consideration after Order of the Day (Private Business) No. 23.

 

Postponement
of Business.

30.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Genetically Modified Material (Temporary Prohibition) Bill.

 

In the Committee

 

                          Clause No. 1 agreed to.

                          Clause No. 2 amended and agreed to.

                          Clause No. 3 amended and agreed to.

                          Clauses No. 4 to No. 7 agreed to.

                          Title agreed to.

_____________________

 

Genetically
Modified Material
(Temporary
Prohibition) 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 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.

 

 

31.

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

Message No. 99

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith entitled an Act to ensure that legal representation is available for persons charged with serious offences; and for other purposes, with the amendment indicated by the annexed Schedule, to which amendment the House of Assembly desires the concurrence of the Legislative Council.

House of Assembly, 26 July 2001.                                                                      J.K.G. OSWALD, Speaker.

Message from
House of Assembly:
Criminal Law
(Legal Representation)
Bill.

 

 

Schedule of the amendment made by the House of Assembly

                   New clause 18, page 13, after line 28—Insert new clause as follows:

                   “Reimbursement of Commission

         18. (1) The Commission is entitled to be reimbursed by the Treasurer an amount by which the net cost of providing legal assistance for an assisted person exceeds the funding cap.

                             (2) However, the Commission's right to reimbursement is contingent on -

                             (a)    the Attorney-General’s approval of a case management plan in relation to the relevant trial under the Expensive Criminal Cases Funding Agreement; and

                             (b)    compliance by the Commission with the approved plan.

         (3) If a case management plan complies with the criteria for approval fixed in the Expensive Criminal Cases Funding Agreement, the Attorney-General must approve the case management plan.

         (4) If the Commission, after making reasonable attempts to reach agreement with the Attorney-General on a case management plan for the trial of an assisted person, fails to obtain the Attorney-General’s approval, the Commission may, by notice in writing to the assisted person, withdraw legal assistance.

         (5) The Commission must, in each of its annual reports, publish the text of the Expensive Criminal Cases Funding Agreement as in force at the end of the year to which the report relates.

         (6) In this section -

"Expensive Criminal Cases Funding Agreement" means the agreement to be made between the Commission and the Attorney-General governing the approval of management plans for cases to which this section applies, and includes that agreement as amended from time to time;

"funding cap" means an amount fixed as the funding cap for criminal cases by the Commission for a particular financial year;

"net cost" of providing legal assistance means the gross cost of providing the legal assistance less the amount of the contribution the Commission has received or has a reasonable prospect of recovering from the assisted person or a financially associated person.”

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 amendment be agreed to.

____________________

 

 

 

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

 

 

32.

Ordered - That Notices of Motion (Private Business) No. 1 to No. 3 and Orders of the Day (Private Business) No. 2 to No. 20 be postponed and taken into consideration after Order of the Day (Private Business) No. 22.

 

Postponement
of Business.

33.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Statutes Amendment (Dust-Related Conditions) Bill.

 

In the Committee

 

                          Clauses No. 1 and No. 2 agreed to.

                          Clause No. 3 amended and agreed to.

                          Clause No. 4 agreed to.

                          New clause No. 4A inserted.

                          Clause No. 5 struck out.

                          Clause No. 6 struck out.

                          Clause No. 7 struck out.

                          Clause No. 8 struck out.

                          Title amended and agreed to.

                          Clause No. 1 reconsidered, amended and agreed to.

_____________________

 

                 The President resumed the Chair, and reported that the Committee had considered the Bill and had agreed to the same with amendments and an amended title; 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.

                 The Hon. N. Xenophon moved – That this Bill be now read a third time.

                 Debate ensued.

                 Question put and passed.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

Statutes
Amendment
(Dust-Related
Conditions) Bill.

34.

Order of the Day read for the Report of the Select Committee on the Classifications (Publications, Films and Computer Games) (Miscellaneous) Amendment Bill (No. 2) to be brought up:

                 Ordered - That the time for bringing up the Report be extended until Tuesday, 25 September 2001.

 

Select Committee
on the Classification
(Publications,
Films and
Computer Games)
(Miscellaneous)
Amendment Bill
(No. 2).

 

35.

Ordered - That Notices of Motion (Private Business) No. 1 to No. 3 be made Orders of the Day for Wednesday, 26 September 2001.

 

Postponement
of Business.

36.

Order of the Day read for the Report of the Select Committee on Outsourcing of State Government Services to be brought up:

                 Ordered - That the time for bringing up the Report be extended until Wednesday, 26 September 2001.

 

Select Committee
on  Outsourcing of
State Government
Services.

37.

Order of the Day read for the Report of the Select Committee on Wild Dog Issues in the State of South Australia to be brought up:

                 Ordered - That the time for bringing up the Report be extended until Wednesday, 26 September 2001.

 

Select Committee
on Wild Dog
Issues in South
Australia.

38.

Order of the Day read for the Report of the Select Committee on Internet and Interactive Home Gambling and Gambling by other means of Telecommunications in South Australia to be brought up:

                 Ordered - That the time for bringing up the Report be extended until Wednesday, 26 September 2001.

 

Select Committee
on Internet and
Interactive Home Gambling and
Gambling by
other means of
Telecommunications
in South Australia.

 

39.

Order of the Day read for the Report of the Select Committee on the Future of the Queen Elizabeth Hospital to be brought up:

                 Ordered - That the time for bringing up the Report be extended until Wednesday, 26 September 2001.

 

Select Committee
on the Future of the
Queen Elizabeth
Hospital.

 

40.

The Treasurer, without notice, moved - That the Standing Orders be so far suspended as to enable him to move - That the Resolution made on Friday, 6 July 2001, for the Select Committee on the West Beach Recreation Reserve (Review) Amendment Bill to have leave to sit during the recess and to report on the first day of next session, be rescinded, and the time for the Select Committee to bring up its Report be Tuesday, 25 September 2001.

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

                 The Treasurer, moved - That the Resolution made on Friday, 6 July 2001, for the Select Committee on the West Beach Recreation Reserve (Review) Amendment Bill to have leave to sit during the recess and to report on the first day of next session, be rescinded and the time for the Select Committee to bring up its Report be Tuesday, 25 September 2001.

                 Question put and passed.

 

Suspension of
Standing Orders:
Rescission of
Resolution.
Select Committee
on the West Beach
Recreation Reserve
(Review)
Amendment Bill.

41.

Ordered - That the remaining Orders of the Day (Private Business) be Orders of the Day for Wednesday, 26 September 2001.

 

Postponement
of Business.

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 following Messages from the House of Assembly were received and read -

Message No. 100

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Retail and Commercial Leases Act 1995, without any amendment.

House of Assembly, 26 July 2001.                                                                      J.K.G. OSWALD, Speaker.

 

Messages from
House of Assembly:
Retail and
Commercial
Leases (GST)
Amendment Bill.

 

 

Message No. 101

                 MR. PRESIDENT – The House of Assembly has agreed to the amendment made by the Legislative Council in the Hindmarsh Soccer Stadium (Auditor-General’s Report) Bill, without amendment.

House of Assembly, 26 July 2001.                                                                      J.K.G. OSWALD, Speaker.

 

Hindmarsh
Soccer Stadium
(Auditor-General’s
Report) Bill.

 

44.

Ordered - That the Council, at its rising, do adjourn until Tuesday, 25 September 2001, at fifteen minutes past two o’clock.

 

Next Day
of Sitting.

45.

Council adjourned at fifteen minutes past two o’clock until Tuesday, 25 September 2001, 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