[SOUTH AUSTRALIA]

No. 16

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY 26 NOVEMBER 1996

 

 

 

   1.

Council met pursuant to adjournment.  The President (The Hon. H.P.K. Dunn) took the Chair.

                 The President read prayers.

 

Meeting of

Council.

   2.

The Minister for Transport (The Hon. D. V. Laidlaw), by leave, without notice, moved - That the sitting of the Council be not suspended during the continuation of the Conference on the Local Government (City of Adelaide) Bill.

                 Question put and passed.

 

Local

Government

(City of

Adelaide)

Bill.

   3.

The Minister for Education and Children’s Services (The Hon. R. I. Lucas) reported as follows: - The Managers have been to the Conference on the Racial Vilification Bill which was managed on behalf of the House of Assembly by the Premier (The Hon. D. C. Brown), Mrs. Geraghty and Ms. Greig and Messrs. Atkinson and Cummins and they there received from the Managers on behalf of the House of Assembly the Bill and the following Resolution adopted by that House:-

                 That the disagreement to the amendments of the Legislative Council be insisted on.

                 And thereupon the Managers for the two Houses conferred together, and it was agreed that they should recommend to their respective Houses that the Legislative Council do not further insist on its amendments.

_____________________

 

                 Ordered - That the President do now leave the Chair and the Council resolve itself into a Committee of the Whole for the consideration of the recommendations from the Conference.

 

In the Committee

 

                          Resolved - That the recommendations from the Conference be agreed to.

_____________________

 

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

 

Racial

Vilification

Bill.

   4.

Answers to Questions on Notice Nos. 2, 3, 15, 41, 42, 55, 59, 71, 75 to 78, 80, 82, 84, 85, 92, 94, 97 and 101 received this day were tabled by the President who directed that they be distributed and printed in Hansard.

 

Answers to

Questions on

Notice.

   5.

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

        By the Minister for Education and Children’s Services (The Hon. R. I. Lucas) -

                 Australian Financial Institutions Commission - Report, 1995-96.

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

                 Reports, 1995-96 -

                          Construction Industry Long Service Leave Board.

                          Construction Industry Long Service Leave Board - Actuarial.

                          Courts Administration Authority.

                          Department for Industrial Affairs.

                          Dog Fence Board.

                          Dried Fruits Board of South Australia.

                          Racecourses Development Board.

                          Soil Conservation Council of South Australia.

                          South Australian Greyhound Racing Authority.

                 Citrus Board of South Australia - Report for the year ended 30 April 1996 and Strategic Plan 1996-2000.

                 Regulations under the following Acts -

                          Correctional Services Act 1982 - New Prisoners.

                          Sheriffs Act 1978 - Fees.

                 Rules of Court -

                          Supreme Court - Supreme Court Act -

                                   Interest on Judgements.

                                   Mediators - Various.

                                   Sittings of Adelaide Criminal Court.

        By the Minister for Consumer Affairs (The Hon. K. T. Griffin) -

                 Regulation under the following Act -

                          Liquor Licensing Act 1985 - Dry Areas - Murray Bridge.

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

                 Reports, 1995-96 -

                          Aboriginal Lands Trust.

                          National Road Transport Commission.

                 Development Act 1993 - The Administration of the Development Act for period 1 July 1995 to 30 June 1996.

                 Regulation under the following Act -

                          Development Act 1993 - Special Event.

                 Corporation By-laws -

                          Marion - No. 3 - Council Land.

                 District Council By-laws -

                          Yankalilla - No. 13 - Dogs and Cats.

 

Papers.

   6.

The Minister for Education and Children’s Services tabled a copy of a Ministerial Statement made by the Deputy Premier and Treasurer (The Hon. S. J. Baker, M.P.) concerning State Finances.

 

Paper Tabled.

   7.

The Minister for Education and Children’s Services tabled a copy of a Ministerial Statement made by the Minister for Mines and Energy (The Hon. S. J. Baker, M.P.) concerning the Drilling Rig “Maersk Victory” in Gulf St.Vincent.

 

Paper Tabled.

   8.

The Attorney-General (The Hon. K. T. Griffin) tabled a copy of a Ministerial Statement made by the Minister for Recreation, Sport and Racing (The Hon. G. A. Ingerson, M.P.) concerning Proprietary Racing.

 

Paper Tabled.

   9.

The Attorney-General tabled a Ministerial Statement made by the Minister for Primary Industries (The Hon. R. G. Kerin, M.P.) concerning Western Flower Thrips.

 

Paper Tabled.

10.

The Attorney-General, while making a Ministerial Statement, tabled a document titled “Guidelines for the Classification of Films and Videotapes (Amendment) (No.1)”.

 

Paper Tabled.

11.

The Minister for Transport tabled a copy of a Ministerial Statement made by the Minister for Health (The Hon. M. H. Armitage, M.P.) concerning Shareholdings.

 

Paper Tabled.

12.

The President, having noticed Mr. Arthur Donahoe, Secretary-General of the Commonwealth Parliamentary Association, in the Gallery, extended a very cordial welcome on behalf of Honourable Members.

                 He invited the Minister for Education and Children’s Services and the Leader of the Opposition to escort Mr. Arthur Donahoe to a seat on the floor of the Council to the right of the Chair.

 

Distinguished

Visitor -

Mr. Arthur

Donahoe.

13.

The Attorney-General, without notice, moved - That the Standing Orders be so far suspended as to enable Question Time to be extended until ten 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.

14.

The Minister for Transport, without notice, moved - That the Standing Orders be so far suspended as to enable Question Time to be extended to enable her to give a reply to a question asked by the Hon. R. D. Lawson.

                 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.

15.

The Attorney-General, without notice,  moved - That the Standing Orders be so far suspended as to enable him to introduce a Bill forthwith.

                 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.

 

 

                 The Attorney-General then moved - That he have leave to introduce a Bill for an Act amend the Equal Opportunity Act 1984.

                 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.

 

Equal

Opportunity

(Tribunal) Amendment Bill.

 

16.

Ordered - That Orders of the Day (Government Business) No. 1 and No. 2 be postponed and taken into consideration on motion.

 

Postponement

of Business.

17.

Ordered - That Orders of the Day (Government Business) No. 3 to No. 8 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

18.

Ordered - That Orders of the Day (Government Business) No. 9 to No. 12 be postponed and taken into consideration after Order of the Day (Government Business) No. 13.

 

Postponement

of Business.

19.

On the Order of the Day being read for the adjourned debate on the question - That the Pay-roll Tax (Superannuation Benefits) Amendment Bill be now read a second time:

                 Debate resumed.

                 Question put and passed.

                 Bill read a second time.

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

 

In the Committee

 

                          Clauses No. 1 to No. 3 agreed to.

                          Title agreed to.

_____________________

 

                 The President resumed the Chair, and reported that the Committee had considered the Bill and had agreed to the same without amendment; whereupon the Council adopted such report.

                 The Minister for Education and Children’s Services, 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.

 

Pay-roll Tax (Superannuation Benefits) Amendment Bill.

20.

Ordered - That Orders of the Day (Government Business) No. 9 to No. 12 and No. 14 to No. 18 be postponed and taken into consideration after Order of the Day (Government Business) No. 19.

 

Postponement

of Business.

21.

On the Order of the Day being read for the adjourned debate on the question - That the Taxation Administration 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. 116 agreed to.

                          Schedule agreed to.

                          Title agreed to.

_____________________

 

                 The President resumed the Chair, and reported that the Committee had considered the Bill and had agreed to the same without amendment; whereupon the Council adopted such report.

                 The Minister for Education and Children’s Services, 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.

 

Taxation Administration

Bill.

22.

Ordered - That Orders of the Day (Government Business) No. 9 to No. 12 and No. 14 to No. 18 be postponed and taken into consideration after Order of the Day (Government Business) No. 20.

 

Postponement

of Business.

23.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (Taxation Administration) 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. 134 agreed to.

                          Schedule agreed to.

                          Title agreed to.

_____________________

 

                 The President resumed the Chair, and reported that the Committee had considered the Bill and had agreed to the same without amendment; whereupon the Council adopted such report.

                 The Minister for Education and Children’s Services, 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

(Taxation Administration)

Bill.

  24.

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

                 Debate resumed.

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

 

Roxby Downs (Indenture Ratification) (Amendment

of Indenture) Amendment Bill.

  25.

On the Order of the Day being read for the adjourned debate on the question - That the Police (Contract Appointments) 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.

 

Police (Contract Appointments) Amendment Bill.

26.

Ordered - That Orders of the Day (Government Business) No. 11 and No. 12 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

27.

Ordered - That Orders of the Day (Government Business) No. 14 to No. 17 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

28.

Ordered - That Order of the Day (Government Business) No. 18 be postponed and taken into consideration after Order of the Day (Government Business) No. 22.

 

Postponement

of Business.

29.

Ordered - That Order of the Day (Government Business) No. 21 be an Order of the Day for next day of sitting.

 

Postponement

of Business.

  30.

On the Order of the Day being read for the adjourned debate on the question - That the South Australian Ports (Bulk Handling Facilities) 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.

 

South Australian

Ports (Bulk

Handling

Facilities)Bill.

  31.

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

                 Debate resumed.

                 On motion of the Hon. J. C. Irwin, the debate was adjourned until next day of sitting.

 

State Records

Bill.

  32.

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

                 Debate resumed.

                 On motion of the Hon. J. C. Irwin, the debate was adjourned until next day of sitting.

 

Local  Government (Miscellaneous Provisions) Amendment Bill.

  33.

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

Message No. 31

                 MR. PRESIDENT - The House of Assembly, having consideration the recommendations of the Conference on the Racial Vilification Bill, has agreed to the same.

House of Assembly, 26 November 1996.                                                                G. M. GUNN, Speaker.

 

Message from

House of

Assembly:

Racial

Vilification Bill.

 

  34.

The Attorney-General, according to order, moved - That the Irrigation (Conversion to Private Irrigation District) Amendment Bill be now read a second time.

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

 

Irrigation

(Conversion to Private Irrigation District)

Amendment Bill.

 

35.

The Attorney-General, according to order, moved - That the Animal and Plant Control (Agricultural Protection and Other Purposes) (Interim Control Boards) Amendment Bill be now read a second time.

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

 

Animal and

Plant Control (Agricultural Protection and

Other Purposes) (Interim Control Boards)

Amendment Bill.

 

36.

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

 

Postponement

of Business.

37.

Council adjourned at five minutes past six 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. M. J. Elliott

The Hon. K. T. Griffin

The Hon. P. Holloway

The Hon. J. C. Irwin

 

The Hon. S. M. Kanck

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. J.A.W. Levy

The Hon. R. I. Lucas

The Hon. P. Nocella

The Hon. B.S.L. Pfitzner

The Hon. C. A. Pickles

The Hon. A. J. Redford

The Hon. R. R. Roberts

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. G. Weatherill