SOUTH AUSTRALIA]

No. 25

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY  27  MARCH  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.

A Messenger from the Governor having been announced by Black Rod, the following Message was received and read:

Message No. 6.

                 The Governor informs the Legislative Council that, in the name and on behalf of Her Majesty The Queen, the following Acts have been assented to during the present Session, viz.:

                 No. 1 of 2001 - An Act to amend the Hairdressers Act 1988.

                 No. 2 of 2001 - An Act to repeal the Netherby Kindergarten (Variation of Waite Trust) Act 1997; and for other purposes.

Government House, Adelaide, 27 March 2001.                                                       E. J. NEAL, Governor.

 

Message from
Governor:
Assent to Bills.

    3.

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

        By the President -

                 Auditor-General - Supplementary Report - Electricity Businesses Disposal Process in South Australia: Relevant Long Term Leases.

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

                 Regulation under the following Act -

                          Public Corporations Act 1993 - Children’s Arts Company.

                 Public Sector Management Act 1995 - Information relating to the Appointment of all Ministers’ Personal Staff.

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

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

                 Rules of Court -

                          Environment, Resources and Development Court - Environment, Resources and Development Court Act - Principal.

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

                 Correctional Services Advisory Council - Report, 1999-2000.

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

                 Regulations under the following Acts -

                          Chiropodists Act 1950 - Fees.

                          Development Act 1993 - Various.

                          Harbors and Navigation Act 1993 - Tumby Bay Marina.

                 By-law - District Council of Loxton Waikerie - No. 7 - Moveable Signs.

Papers.

 

                 Passenger Transport Act 1994 - Section 39 - Service Contracts:  Report of the Passenger Transport Board to the Minister for Transport and Urban Planning.

                 Response by the Minister for Environment and Heritage to the Environment, Resources and Development Committee’s Report on Native Fauna and Agriculture.

 

 

   4.

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

 

Paper Tabled.

   5.

The Minister for Transport and Urban Planning tabled a copy of a Ministerial Statement made by the Minister for Environment and Heritage (The Hon. I. F. Evans,  M.P.) concerning Native Birds.

 

Paper Tabled.

   6.

Ordered - That Orders of the Day (Government Business) No. 1 and No. 2 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

   7.

Ordered - That Order of the Day (Government Business) No. 3 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.

Ordered - That Orders of the Day (Government Business) No. 5 to No. 7 be postponed and taken into consideration after Order of the Day (Government Business) No. 8.

 

Postponement
of Business.

10.

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

                 Debate resumed.

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

 

Youth Court
(Judicial Tenure)
Amendment Bill.

11.

Ordered - That Order of the Day (Government Business) No. 5 be postponed and taken into consideration on motion.

 

Postponement
of Business.

12.

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

 

Postponement
of Business.

13.

On the Order of the Day being read for the adjourned debate on the question - That the Legal Assistance (Restrained Property) Amendment 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 postponed and taken into consideration on motion.

 

Legal Assistance
(Restrained
Property)
Amendment Bill.

14.

Ordered - That Order of the Day (Government Business) No. 9 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

15.

On the Order of the Day being read for the adjourned debate on the question - That the Fisheries (Southern Zone Rock Lobster Fishery Rationalization) Act Repeal Bill be now read a second time:

                 Debate resumed.

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

 

Fisheries
(Southern Zone
Rock Lobster
Rationalization)
Act Repeal Bill.

16.

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

 

Postponement
of Business.

17.

On the Order of the Day being read for the adjourned debate on the question - That the Sandalwood Act Repeal 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.

 

Sandalwood Act
Repeal Bill.

18.

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

                 Debate resumed.

                 On motion of the Hon. A. J. Redford, the debate was adjourned until next day of sitting.

 

Statutes
Amendment
(Avoidance of
Duplication of
Environmental
Procedures) Bill.

19.

Ordered - That Order of the Day (Government Business) No. 14 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 Lake Eyre Basin (Intergovernmental Agreement) 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.

 

Lake Eyre Basin (Intergovernmental Agreement) Bill.

21.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Legal Assistance (Restrained Property) Amendment Bill.

 

In the Committee

 

                          Clauses No. 1 and No. 2 agreed to.

                          Clause No. 3 amended and agreed to.

                          Clause No. 4 agreed to.

                          Clause No. 5 amended and agreed to.

                          Clause No. 6 amended and 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.

 

Legal Assistance
(Restrained
Property)
Amendment Bill.

  22.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Listening Devices (Miscellaneous) Amendment Bill.

 

In the Committee

 

                          Clause No. 1 further considered.

                          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.

 

Listening Devices
(Miscellaneous)
Amendment Bill.

23.

Ordered - That the adjourned debate on the question - That the Youth Court (Judicial Tenure) Amendment Bill be now read a second time - be now resumed.

                 Debate resumed.

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

 

Youth Court
(Judicial Tenure)
Amendment Bill.

24.

Ordered - That Order of the Day (Government Business) No. 16 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

25.

On the Order of the Day being read for the adjourned debate on the question - That the Expiation of Offences (Trifling Offences) Amendment 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.

 

Expiation of
Offences
(Trifling Offences)
Amendment Bill.

26.

Ordered - That Orders of the Day (Government Business) No. 18 and No. 19 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

27.

Ordered - That the adjourned debate on the question - That the Dental Practice Bill be now read a second time - be now resumed.

                 Debate resumed.

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

 

Dental Practice
Bill.

28.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Prostitution (Regulation) Bill.

 

In the Committee

 

                          Clause No. 6 which the Hon. A. J. Redford had moved to leave out and insert new clause as follows:

                  “Power to make banning order

                          6. (1) The District Court may, on application under this section (which may be made by any person), make an order (a banning order) prohibiting a person—

                          (a)        from carrying on or being involved in a sex business; or

                          (b)        from obtaining or seeking to obtain sexual services as a client.

                          (2)  A banning order may—

                          (a)        provide that the prohibition is to apply—

                                        (i)        permanently; or

                                        (ii)       for a specified period; or

                                        (iii)      until the fulfilment of stipulated conditions; or

                                        (iv)     until further order;

                          (b)        in the case of an order prohibiting a person from carrying or being involved in a sex business—provide that the prohibition is to take effect at a specified future time and regulate the conduct of the business until that time.

                          (3)  An application for a banning order must state the grounds on which the order is sought.

                          (4)  A person against whom the banning order is sought must be given reasonable notice of the application.

                  (5)  If, on an application under this section, the Court finds a reasonable basis to suspect that proper grounds for making the order exist, the Court must make the order unless the defendant satisfies it to the contrary (ie that sufficient grounds to make the order do not in fact exist).” - further considered.

                 Question - That clause No. 6 stand part of the Bill - put.

Prostitution
(Regulation) Bill.

     

         Committee divided:

Ayes, 9

The Hon. T. Crothers

The Hon. M. J. Elliott

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. K. T. Griffin (Teller)

 

 

Noes, 12

The Hon. T. G. Cameron

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. P. Holloway

The Hon. D. V. Laidlaw

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. A. J. Redford (Teller)

 

 

 

        So it passed in the negative.

                          Clause No. 6 struck out.

                 Question - That new clause No. 6, as proposed to be inserted by the Hon. A. J. Redford, be so inserted - put.

 

     

         Committee divided:

Ayes, 11

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. P. Holloway

The Hon. D. V. Laidlaw

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. A. J. Redford (Teller)

      So it was resolved in the affirmative.

 

Noes, 10

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. R. D. Lawson

The Hon. R. I. Lucas

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. K. T. Griffin (Teller)

 

 

 

                          New clause No. 6 inserted.

                          Clause No. 7 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.

 

 

29.

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.

30.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Prostitution (Regulation) Bill.

 

In the Committee

 

                          Clause No. 7 further considered.

                 The Hon. A. J. Redford moved on page 8, after line 23 to insert the following:

                                    “(2a) If a person obtains or seeks to obtain sexual services as a client from a sex business knowing that a person carries on or is involved in the business in contravention of a banning order, the person is guilty of an offence.

                          Maximum penalty: $20 000 or 4 years imprisonment.

                                                             (2b) If a person obtains or seeks to obtain sexual services as a client in contravention of a banning order, the person is guilty of an offence.

                          Maximum penalty: $20 000 or 4 years imprisonment.”

                 Question - That the amendment be agreed to - put.

Prostitution
(Regulation) Bill.

     

         Committee divided:

Ayes, 12

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. M. J. Elliott

The Hon. P. Holloway

The Hon. S. M. Kanck

The Hon. D. V. Laidlaw

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. A. J. Redford (Teller)

      So it was resolved in the affirmative.

 

Noes, 5

The Hon. T. Crothers

The Hon. K. T. Griffin

The Hon. R. D. Lawson

The Hon. J. F. Stefani

The Hon. T. G. Cameron (Teller)

 

 

 

                          Clause No. 7 otherwise amended and agreed to.

                          Clause No. 8 agreed to.

                          Clause No. 9 read.

                 The Minister for Transport and Urban Planning moved on page 8, lines 32 and 33, to leave out all words and insert the following:

                                                   9. (1) The Development Act 1993 applies, subject to this Division, to a development involving the establishment of a brothel or a change in the use of land to use as a brothel.

                                                   (2) Regulations under the Development Act 1993 that may apply to exclude such a development from the application of that Act are to be disregarded.”

                 The Hon. C. Zollo moved on page 8, after line 33, to insert new subclause as follows:

                                                   “(2) Regulations under the Development Act 1993 excluding developments from the application of that Act do not apply to a development involving the establishment of a brothel or use of premises as a brothel.”

                 The Hon. A. J. Redford moved on page 8, after line 33, to insert new subclause as follows:

                                                   “(3) If, immediately before the commencement of this section (the commencement date), premises were being unlawfully used as a brothel and the use of the premises as a brothel continues without a development authorisation after the commencement date, the Development Act 1993 applies, subject to this Division, as if the operator of the relevant sex business had carried out a development involving the use of the premises as a brothel on the commencement date.”

                 Question - That all words in lines 32 and 33 stand as printed - put and negatived.

                 Question - That the words proposed to be inserted by the Minister for Transport and Urban Planning, be agreed to - put and passed.

                 Question - That the amendment moved by the Hon. A. J. Redford be agreed to - put and passed.

                          Clause No. 9, as amended, agreed to.

                          Clause No. 10 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 next day of sitting.

       

 

31.

Council adjourned at eleven minutes past ten o’clock until tomorrow at fifteen minutes past two o’clock.

 

Adjournment.

 

_________________________

 

 

 

 

 

Members present during any part of the sitting:

 

 

 

The Hon. T. G. Cameron

The Hon. T. Crothers

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. M. J. Elliott

The Hon. I. Gilfillan

The Hon. K. T. Griffin

 

The Hon. P. Holloway

The Hon. S. M. Kanck

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. C. A. Pickles

The Hon. A. J. Redford

The Hon. R. R. Roberts

The Hon. T. G. Roberts

The Hon. C. V. Schaefer

The Hon. R. K. Sneath

The Hon.  J. F. Stefani

The Hon. N. Xenophon

The Hon. C. Zollo