SOUTH AUSTRALIA]

No. 53

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  26  SEPTEMBER  2001

 

 

 

   1.

Council met pursuant to adjournment.  The President (The Hon. J. C. Irwin) took the Chair.

                 The President read prayers.

 

Meeting of
Council.

   2.

The Hon. A. J. Redford brought up the Twenty-Seventh Report, 2000-2001 of the Legislative Review Committee, which was read by the Clerk as follows -

                 The Regulation listed hereunder is at present being considered by the Legislative Review Committee.  Evidence is being taken on this matter and it is necessary for a Notice of Motion for Disallowance to be given in both Houses before the expiration of 14 sitting days, to allow the Committee time to complete its deliberations.

                 Honourable Members are warned that after further consideration has been given to the
Regulation, the Committee may decide to take no further action.

                 Regulation referred to -

Environment Protection Act 1993 - Power Station Exemption.

 

Legislative
Review
Committee -
Twenty-Seventh Report,
2000-2001.

   3.

The Hon. A. J. Redford brought up the Twenty-Eighth Report, 2000-2001 of the Legislative Review Committee.

 

 

Legislative
Review
Committee -
Twenty-Eighth Report,
2000-2001.

   4.

The President called on Members to make Statements on Matters of Interest.

 

Statements
on Matters
of Interest.

   5.

The Hon. J.S.L. Dawkins, pursuant to notice, moved - That the Report of the Environment, Resources and Development Committee on Ecotourism be noted.

                 Debate ensued.

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

 

Environment,
Resources and
Development Committee -
Report on
Ecotourism
to be noted -
Motion re.

 

   6.

 

The Hon. L. H. Davis, pursuant to notice, moved - That the Second Report of the Statutory Authorities Review Committee into the Commissioners of Charitable Funds be noted.

                 On motion of the Hon. R. K. Sneath, the debate was adjourned until Wednesday next.

 

Statutory
Authorities
Review
Committee -
Report into the
Commissioners of
Charitable Funds
to be noted -
Motion re.

 

   7.

 

The Hon. L. H. Davis, pursuant to notice, moved - That the Report of the Statutory Authorities Review Committee into Timeliness of 1999-2000 Annual Reporting by Statutory Bodies be noted.

                 On motion of the Hon. R. K. Sneath, the debate was adjourned until Wednesday next.

 

Statutory
Authorities Review
Committee -
Report into
Timeliness of
1999-2000 Annual
Reporting by
Statutory Bodies
to be noted –
Motion re.

 

   8.

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, 28 November 2001.

 

Select Committee
on  Outsourcing of
State Government
Services.

 

   9.

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, 28 November 2001.

 

Select Committee
on Wild Dog
Issues in South
Australia.

 

10.

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, 28 November 2001.

 

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

 

11.

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, 28 November 2001.

 

Select Committee
on the Future of the
Queen Elizabeth
Hospital.

 

12.

Ordered - separately - That Orders of the Day (Private Business) No. 5 to No. 10 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

13.

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

                 Debate resumed.

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

 

Summary Offences
(Piercing of
Children)
Amendment Bill.

14.

The Hon. J. F. Stefani, according to order, moved - That the Interim Report of the Select Committee on the Future of the Queen Elizabeth Hospital be noted.

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

 

Select Committee
on the Future of the
Queen Elizabeth
Hospital -
Interim Report
to be noted -
Motion re.

 

15.

At 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.

 

16.

Ordered - That the adjourned debate on the motion of the Hon. J. F. Stefani - That the Interim Report of the Select Committee on the Future of the Queen Elizabeth Hospital be noted - be now resumed.

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

 

Select Committee
on the Future of the
Queen Elizabeth
Hospital -
Interim Report
to be noted -
Motion re.

 

17.

Ordered - That Order of the Day (Private Business) No. 13 be discharged.

 

Business
Discharged.

 

18.

Ordered - separately - That Orders of the Day (Private Business) No. 14 to No. 24 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

19.

On the Order of the Day being read for the adjourned debate on the motion of the Treasurer - That the Report of the Auditor-General, 1999-2000 be noted:

                 Question put and passed.

 

Report of the
Auditor-General,
1999-2000
to be noted -
Motion re.

 

20.

Ordered - separately - That Orders of the Day (Private Business) No. 26 to No. 35 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

21.

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 Fair Trading Act 1987 and the Starr-Bowkett Societies Act 1975.

                 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
and Repeal
(Starr-Bowkett
Societies) Bill.

 

22.

The Attorney-General, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Classification (Publications, Films and Computer Games) Act 1995.

                 Question put and passed.

                 Bill introduced and read a first time.

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

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

 

Classification
(Publications,
Films and
Computer Games)
(Miscellaneous)
Amendment Bill.

23.

The Attorney-General, by leave, and at the request of the Treasurer (The Hon. R. I. Lucas), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Unclaimed Superannuation Benefits Act 1997.

                 Question put and passed.

 

Leave to
introduce a Bill.

24.

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

 

Postponement
of Business.

25.

Ordered - That Orders of the Day (Government Business) No. 2 to No. 4 be postponed and taken into consideration after Order of the Day (Government Business) No. 5.

 

Postponement
of Business.

26.

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

 

In the Committee

 

                          Clause No. 8 further considered, amended and agreed to.

                          Clause No. 9 amended and agreed to.

                          Clauses No. 10 to No. 19 agreed to.

                          Clause No. 20 amended and agreed to.

                          Clauses No. 21 to No. 26 agreed to.

                          Clause No. 27 amended and agreed to.

                          Clauses No. 28 and No. 29 agreed to.

                          Clause No. 30 being a money clause, no question was put on the clause.

                          Clause No. 31 agreed to.

                          Clause No. 32 being a money clause, no question was put on the clause.

                          Clauses No. 33 to No. 37 agreed to.

                          Schedule No. 1 read.

                 The Hon. N. Xenophon moved on page 27, lines 5 to 12, to leave out all words in these lines and insert the following:

                          Transitional provision

                                                   2. (1) This Act applies to an injury arising from an offence committed on or after its commencement.

                                                   (2) The repealed Act applies to an injury arising from an offence committed before the commencement of this Act.

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

                          Schedule No. 1 agreed to.

                          Schedule No. 2 agreed to.

                          Title agreed to.

_____________________

 

Victims of Crime
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.

                 The Attorney-General 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.

 

 

27.

Ordered - That Order of the Day (Government Business) No. 2 be postponed and taken into consideration on motion.

 

Postponement
of Business.

28.

On the Order of the Day being read for the adjourned debate on the question - That the Land Acquisition (Native Title) 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 2 agreed to.

                          Clause No. 3 amended and agreed to.

                          Clauses No. 4 and No. 5 agreed to.

                          Clause No. 6 amended and agreed to.

                          Clause No. 7 amended and agreed to.

                          Clause No. 8 amended and agreed to.

                          Clauses No. 9 and No. 10 agreed to.

                          Clause No. 11 amended and agreed to.

                          Clause No. 12 agreed to.

                          New clause No. 12A inserted.

                          Clause No. 13 agreed to.

                          Clause No. 14 amended and agreed to.

                          Clauses No. 15 to No. 18 agreed to.

                          Clause No. 19 amended and agreed to.

                          Clause No. 20 to No. 25 agreed to.

                          Clause No. 26 amended and agreed to.

                          Clause No. 27 to No. 30 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.

 

Land Acquisition
(Native Title)
Amendment Bill.

29.

Ordered - That Orders of the Day (Government Business) No. 4 to No. 6 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

30.

Ordered - That Orders of the Day (Government Business) No. 7 to No. 11 be postponed and taken into consideration after Order of the Day (Government Business) No. 12.

 

Postponement
of Business.

31.

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

                 Debate resumed.

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

 

Statutes
Amendment
(Stalking) Bill.

32.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (Consumers Affairs) 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. 25 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.

33.

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

 

Postponement
of Business.

34.

Ordered - That the Council, at its rising, do adjourn until tomorrow at eleven o’clock a.m.

 

Next Day
of Sitting.

 

35.

Council adjourned at ten o’clock until tomorrow, at eleven o’clock a.m.

 

_________________________

 

 

 

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