[SOUTH AUSTRALIA]

No. 12

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

THURSDAY  26  NOVEMBER  1998

 

 

 

   1.

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

                 The President read prayers.

 

Meeting of

Council.

 

   2.

The 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.

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

 

Postponement

of Business.

 

   4.

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

                 Debate resumed.

                 On motion of the Hon. J.S.L. Dawkins, the debate was adjourned and ordered to be resumed on motion.

 

Passenger Transport (Service Contracts) Amendment Bill.

 

   5.

Ordered - That Order of the Day (Government Business) No. 1 be postponed and taken into consideration after Order of the Day (Government Business) No. 3.

 

Postponement

of Business.

   6.

On the Order of the Day being read for the adjourned debate on the question - That the TransAdelaide (Corporate Structure) Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. J.S.L. Dawkins, the debate was adjourned and ordered to be resumed on motion.

 

TransAdelaide (Corporate Structure) Bill.

 

   7.

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

 

Postponement

of Business.

   8.

Ordered - That Order of the Day (Government Business) No. 4 be an Order of the Day for next day of sitting.

 

Postponement

of Business.

   9.

On the Order of the Day being read for the adjourned debate on the question - That the Criminal Law Consolidation (Appeals) Amendment 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.

 

Criminal Law Consolidation (Appeals) Amendment Bill.

10.

Ordered - That Orders of the Day (Government Business) No. 6 to No. 21 be postponed and taken into consideration after Order of the Day (Government Business) No. 22.

 

Postponement

of Business.

11.

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

                 Debate resumed.

                 On motion of the Hon. J.S.L. Dawkins, the debate was adjourned and ordered to be resumed on motion.

 

Shop Trading

Hours (Miscellaneous) Amendment Bill.

12.

Ordered - That Orders of the Day (Government Business) No. 6 to No. 11 be postponed and taken into consideration after Order of the Day (Government Business) No. 17.

 

Postponement

of Business.

13.

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

                 Debate resumed.

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

 

Sustainable

Energy Bill.

14.

Ordered - That Order of the Day (Government Business) No. 13 be postponed and taken into consideration on motion.

 

Postponement

of Business.

15.

Ordered - That Orders of the Day (Government Business) No. 14 and No. 15 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

16.

On the Order of the Day being read for the adjourned debate on the question - That the Road Traffic (Proof of Accuracy of Devices) Amendment 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.

 

Road Traffic

(Proof of Accuracy of Devices) Amendment Bill.

 

17.

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

                 Debate resumed.

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

 

Statutes

Amendment (Restraining

Orders) Bill.

 

18.

Ordered - That the adjourned debate on the question - That the Shop Trading Hours (Miscellaneous) Amendment Bill be now read a second time - be now resumed.

                 Debate resumed.

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

 

Shop Trading

Hours (Miscellaneous) Amendment Bill.

19.

Ordered - That Order of the Day (Government Business) No. 6 be an Order of the Day for next day of sitting.

 

Postponement

of Business.

20.

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

                 Debate resumed.

                 On motion of the Hon. J.S.L. Dawkins, the debate was adjourned and order to be resumed on motion.

 

Summary Offences (Offensive and

other Weapons) Amendment Bill.

21.

Ordered - That Orders of the Day (Government Business) No. 8 to No. 11 be postponed and taken into consideration on motion.

 

Postponement

of Business.

22.

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

 

Postponement

of Business.

23.

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

                 Debate resumed.

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

 

Supreme Court

(Rules of Court)

Amendment Bill.

24

Ordered - That the adjourned debate on the question - That the Passenger Transport (Service Contracts) 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

 

                          Clause No. 1 agreed to.

                          Clause No. 2 read.

                 The Hon. C. A. Pickles moved on page 2, after line 7, to insert the following:

         “(3b)  The Board must, within 14 days after awarding a service contract to which subsection (3)(a) applies, forward to the Minister a report which -

(a)    sets out the full name of the person to whom the contract has been awarded; and

(b)    provides information on the term of the contract; and

(c)    identifies the region or routes of operation under the contract; and

(d)    provides information on the amount or amounts that will be payable by the Board under the contract; and

(e)    provides information on how the principles under subsection (3)(a) have been applied in the circumstances of the particular case; and

(f)     contains such other information as may be required by the regulations or as the Board thinks fit.

         (3c)  The Minister must, within six sitting days after receiving a report under subsection (3b), have copies of the report laid before both Houses of Parliament.”

                 Question - That the amendment be agreed to - put.

            Committee divided:

 

 

Ayes, 11.

The Hon. T. G. Cameron

The Hon. T. Crothers

The Hon. M. J. Elliott

The Hon. I. Gilfillan

The Hon. P. Holloway

The Hon. S. M. Kanck

The Hon. T. G. Roberts

The Hon. G. Weatherill

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. C. A. Pickles (Teller)

Noes, 8.

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. D. V. Laidlaw (Teller)

 

 

 

        So it was resolved in the affirmative.

                          Clause No. 2, as amended, 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 an amendment; 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.

 

 

25.

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.

 

26.

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

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

                 Office of the Small Business Advocate - Report, 1997-98.

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

                 Land Management Corporation - Report, 30 April to 30 June 1998.

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

                 Reports, 1997-98 -

                          Charitable and Social Welfare Fund.

                          Department for Environment, Heritage and Aboriginal Affairs.

                          Department of Human Services and South Australian Health Commission.

                          Department of Industry and Trade.

                          Health Development.

                          Office of the Public Advocate.

                          South Australian Greyhound Racing Authority.

                          South Australian Harness Racing Authority.

                          State of the Environment - Report for South Australia.

                          Supported Residential Facilities Advisory Committee.

 

Papers.

27.

The Treasurer tabled a copy of a Ministerial Statement made by the Premier (The Hon. J. W. Olsen, M.P.) concerning the Motorola Deal.

 

Paper Tabled.

28.

The Treasurer tabled a copy of a Ministerial Statement made by the Minister for Education and Children’s Services and Training concerning a new deal for country schools.

 

Paper Tabled.

29.

Ordered - That Order of the Day (Government Business) No. 1, postponed on motion, be taken into consideration forthwith.

                 The Attorney-General, according to order, moved - That the Petroleum (Production Licences) Amendment Bill be now read a second time.

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

 

Petroleum (Production Licences) Amendment Bill.

  30.

Ordered - That the adjourned debate on the question - That the TransAdelaide (Corporate Structure) Bill be now read a second time - be now resumed.

                 Debate resumed.

                 Question put and passed.

                 Bill read a second time.

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

 

In the Committee

 

                          Clauses No. 1 to No. 9 agreed to.

                          Clause No. 10 amended and agreed to.

                          Clauses No. 11 to No. 17 agreed to.

                          New clause No. 17A inserted.

                          Clause No. 18 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 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.

 

TransAdelaide (Corporate Structure) Amendment Bill.

31.

Ordered - That Order of the Day (Government Business) No. 20 be postponed and taken into consideration on motion.

 

Postponement

of Business.

32.

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

 

Postponement

of Business.

33.

Ordered - That the adjourned debate on the question - That the Shop Trading Hours (Miscellaneous) Amendment Bill be now read a second time - be now resumed.

                 Debate resumed.

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

 

Shop Trading

Hours (Miscellaneous) Amendment Bill.

 

34.

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

 

Postponement

of Business.

35.

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

 

Next Day

of Sitting.

 

36.

Council adjourned at twenty two minutes past five 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. J. F. Stefani

The Hon. G. Weatherill

The Hon. N. Xenophon

The Hon. C. Zollo