[SOUTH AUSTRALIA]

No. 20

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  27  MAY  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 Hon. A. J. Redford brought up the Ninth Report, 1997-98 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 consideration has been given to the Regulation, the Committee may decide to take no further action.

                 Regulation referred to:

                          Passenger Transport Act 1994 - Small Passenger Vehicles.

 

Legislative

Review

Committee -

Ninth Report

1997-98.

 

   3.

The Hon. A. J. Redford brought up the Tenth Report, 1997-98 of the Legislative Review Committee.

 

Legislative

Review

Committee -

Tenth Report

1997-98.

 

   4.

The Minister for Transport and Urban Planning (The Hon. D. V. Laidlaw) tabled a copy of a Ministerial Statement made by the Minister for Environment and Heritage (The Hon.
D. C. Kotz, M.P.) concerning the River Murray.

 

Paper

Tabled.

   5.

The Minister for Transport and Urban Planning, without notice, moved - That the Standing Orders be so far suspended as to enable Question Time to be extended until thirty minutes past three 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.

   6.

In accordance with Sessional Standing Order, the President called on Members to make Statements on Matters of Interest.

 

Statements

on Matters

of Interest.

 

   7.

The Hon. N. Xenophon, by leave, tabled a document consisting of a number of signatories opposing Poker Machines in Mt. Barker.

 

Paper

Tabled.

   8.

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

                 Debate ensued.

                 Question put and passed.

 

Statutory Authorities

Review Committee -

Report on a Review of the Commissioners

of Charitable Funds to be noted -

Motion re.

 

   9.

Ordered - separately - That Orders of the Day (Private Business) No. 1 to No. 4 be Orders of the Day for Wednesday next.

 

Postponement

of Business.

10.

On the Order of the Day being read for the adjourned debate on the motion of the Hon.
A. J. Redford  - That the Report of the Legislative Review Committee, 1996-97 be noted:

                 Debate resumed.

                 Question put and passed.

 

Legislative Review

Committee -

Report, 1996-97

to be noted -

Motion re.

 

11.

Ordered - separately - That Orders of the Day (Private Business) No. 6 to No. 14 be Orders of the Day for Wednesday next.

 

Postponement

of Business.

12.

On the Order of the Day being read for the adjourned debate on the question - That the Retail and Commercial Leases (Term of Lease and Renewal) Amendment  Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. J. F. Stefani, the debate was adjourned until Wednesday, 27 May 1998.

 

Retail and

Commercial Leases

(Term of Lease

and Renewal)

Amendment Bill.

 

13.

On the Order of the Day being read for the adjourned debate on the motion of the Hon.
M. J. Elliott -

        I.      That Australia should become a Republic with an Australian citizen as Head of State; and

      II.      That the concurrence of the House of Assembly to this motion be requested:

                 Debate resumed.

                 The Hon. J. F. Stefani moved to amend the motion in Paragraph I by leaving out all words after “that” and inserting the following:

                “this Council congratulates the Federal Liberal Government for organising the Constitutional Convention;

      II.      That following a Referendum to be held in 1999 and, if passed by the required majority, this Council is of the opinion that Australia should become a republic with an Australian citizen as Head of State; and”

         Paragraph II - To be renumbered Paragraph “III.”

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

 

Australia

becoming a

Republic -

Motion re.

14.

Ordered - separately - That Orders of the Day (Private Business) No. 17 and No. 18 be Orders of the Day for Wednesday next.

 

Postponement

of Business.

15.

On the Order of the Day being read for the adjourned debate on the question that the Public Finance and Audit (Appointment of Auditor-General and Reports) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. C. V. Schaefer, the debate was adjourned until Wednesday, 27 May 1998.

 

Public Finance

and Audit (Appointment of

Auditor-General

and Reports) Amendment Bill.

16.

Ordered - separately - That Orders of the Day (Private Business) No. 20 to No. 22 be Orders of the Day for Wednesday next.

 

Postponement

of Business.

17.

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

Message No. 67

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Irrigation Act 1994, to which it desires the concurrence of the Legislative Council.

House of Assembly, 26 May 1998.                                                                  J.K.G. OSWALD Speaker.

                 Bill read a first time.

                 Ordered - That the second reading be an Order of the Day for next day of sitting.

 

Messages from

House of

Assembly:

Irrigation

(Dissolution

of Trusts)

Amendment

Bill

 

 

Message No. 68

                 MR. PRESIDENT - The House of Assembly requests that the Legislative Council give permission to the Treasurer (The Hon. R. I. Lucas), Member of the Legislative Council, to attend at the Table of the House on Thursday, 28 May 1998, for the purpose of giving a speech in relation to the Appropriation Bill.

House of Assembly, 27 May 1998.                                                                  J.K.G. OSWALD Speaker.

                 Ordered - That the Message be taken into consideration forthwith.

                 The Minister for Transport moved - That the Legislative Council grant leave to the Treasurer (The Hon. R. I. Lucas) to attend in the House of Assembly on Thursday, 28 May 1998, for the purpose of giving a speech in relation to the Appropriation Bill if he thinks fit.

                 Question put and passed.

 

Treasurer -

Requesting

attendance

in House of

Assembly.

18.

The Minister for Transport and Urban Planning, pursuant to notice, moved - That she have leave to introduce a Bill for an Act to provide for the fixing and recovery of aerodrome fees relating to aircraft activities.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Minister for Transport and Urban Planning 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.

 

Aerodrome

Fees Bill.

19.

The Minister for Transport and Urban Planning, pursuant to notice, moved - That she have leave to introduce a Bill for an Act to amend the Road Traffic Act 1961.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Minister for Transport and Urban Planning 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.

 

Road Traffic (Miscellaneous) Amendment

Bill.

20.

The Minister for Transport and Urban Planning, pursuant to notice, moved -

         I.      That in the opinion of this Council, a Joint Committee be appointed to inquire into and report upon all matters relating to transport safety in the State;

        II.      That in the event of the Joint Committee being appointed, the Legislative Council be represented thereon by three Members, of whom two shall form a quorum of Council Members necessary to be present at all sittings of the Committee;

       III.      That Joint Standing Order No. 6 be so far suspended as to entitle the Chairman to vote on every question, but when the votes are equal the Chairman shall have also a casting vote; and

       IV.      That a Message be sent to the House of Assembly transmitting the foregoing Resolution and requesting its concurrence thereto.

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

 

Joint Committee

on Transport

Safety -

Motion re.

21.

The Attorney-General (The Hon. K. T. Griffin), by leave, and at the request of the Treasurer, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the National Electricity (South Australia) Act 1996.

                 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.

 

National

Electricity

(South Australia) (Commencement) Amendment Bill.

22.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 4 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

23.

The Minister for Transport and Urban Planning, by leave, tabled a copy of a Ministerial Statement made by the Minister for Human Services (The Hon. D. C. Brown, M.P.) concerning Living Health.

 

Paper

Tabled.

24.

On the Order of the Day being read for the adjourned debate on the question - That the Sea-Carriage Documents 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. 11 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 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.

 

Sea-Carriage Documents Bill.

25.

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

                 Debate resumed.

                 Question put and passed.

                 Bill read a second time.

                 Ordered - That the Committee stages be an Order of the Day for next day of sitting.

 

Liquor

Licensing

(Licence Fees) Amendment Bill.

 

26.

Ordered - That Order of the Day (Government Business) No. 7 be an Order of the Day for next day of sitting.

 

Postponement

of Business.

27.

On the Order of the Day being read for the adjourned debate on the question - That the Crimes at Sea 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. 8 agreed to.

                          Schedule agreed to.

                          Preamble 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.

 

Crimes at

Sea Bill.

28.

Ordered - That Orders of the Day (Government Business) No. 9 and No. 10 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

29.

Council adjourned at twenty 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. 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