[SOUTH AUSTRALIA]

No. 44

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY  27  JULY  1999

 

 

 

   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. 8.

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

                 No. 36 of 1999 - An Act to make provision for the restructuring and disposal of all or part of the assets of electricity corporations; to amend the Development Act 1993, the Electricity Corporations Act 1994, the Environment Protection Act 1993, the Mining Act 1971 and the Superannuation Act 1988; and for other purposes.

Government House, Adelaide, 27 July 1999.                                        E. J. NEAL, Governor.

 

Message from

Governor:

Assent to Bill.

   3.

The Attorney-General (The Hon. K. T. Griffin), by leave, without notice, moved - That the sitting of the Council be not suspended during the continuation of the Conference on the Listening Devices (Miscellaneous) Amendment Bill.

                 Question put and passed.

 

Listening Devices (Miscellaneous) Amendment Bill.

 

   4.

Answer to Question on Notice No. 156 and further Answer to Question No. 173 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 Attorney-General (The Hon. K. T. Griffin) -

                 Regulations under the following Acts -

                          Criminal law (Forensic Procedures) Act 1998 - Qualified Persons.

                          Daylight Saving Act 1971 - Commencement.

                 Rules of Court -

                          Magistrates Court - Magistrates Court Act - Criminal Law Forensic Procedures.

                          Supreme Court - Supreme Court Act -

                                   Documents - Miscellaneous.

                                   First Schedule.

                 Guidelines for the Classification of Computer Games.

                 Guidelines for the Classification of Films and Videotapes.

                 Printed Matter Classification Guidelines.

Papers.

 

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

                 Regulations under the following Acts -

                          Development Act 1993 - Variation.

                          Road Traffic Act 1961 -

                                   Hook Right Turns.

                                   Expiation Fees Variation.

                          Tobacco Products Regulation Act 1997 - Notice.

                 South Australian Council on Reproductive Technology Report, 1998.

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

                 Regulation under the following Act -

                          Adelaide Festival Centre Trust Act 1971 - Authorised Person.

 

 

   6.

The Minister for Transport and Urban Planning tabled a copy of a Ministerial Statement made by the Premier (The Hon. J. W. Olsen, M.P.) concerning the booklet “Talking About Drugs”.

 

Paper Tabled.

   7.

The Treasurer, without notice, moved - That the Standing Orders be so far suspended as to enable him to complete his reply to a question asked by the Hon. P. Holloway.

                 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.

 

   8.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 7 be postponed and taken into consideration after Order of the Day (Government Business) No. 8.

 

Postponement

of Business.

   9.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Local Government Bill.

 

In the Committee

 

                          Clauses No. 1 and No. 2 agreed to.

                          Clause No. 3 amended and agreed to.

                          Clause No. 4 read.

                 The Hon. T. G. Roberts moved on page 3, line 23, to leave out “or notice”.

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

                          Clause No. 4 otherwise amended and agreed to.

                          Clause No. 5 agreed to.

                          Clause No. 6 amended and agreed to.

                          Clause No. 7 read.

                 The Hon. N. Xenophon moved on page 11, after line 32, to insert new paragraph as follows:

                          (ga)      to consider, assess and, if appropriate, act with respect to activities which raise issues for its local community, including gambling and other activities which may have an adverse effect on people within its community;”

                 Question - That the amendment be agreed to - put.

            Committee divided:

 

 

Ayes, 8.

The Hon. T. G. Cameron

The Hon. T. Crothers

The Hon. P. Holloway

The Hon. R. R. Roberts

The Hon. T. G. Roberts

The Hon. G. Weatherill

The Hon. C. Zollo

The Hon. N. Xenophon (Teller)

 

Noes, 11.

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. S. M. Kanck

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. J. F. Stefani

The Hon. D. V. Laidlaw (Teller)

Local 

Government

Bill.

 

        So it passed in the negative.

                          Clause No. 7 otherwise amended and agreed to.

                          Clause No. 8 amended and agreed to.

                          Clauses No. 9 to No. 11 agreed to.

 

 

                          Clause No. 12 amended and agreed to.

                          Clause No. 13 amended and agreed to.

                          Clauses No. 14 to No. 17 agreed to.

                          Clause No. 18 amended and agreed to.

                          Clauses No. 19 to No. 21 agreed to.

                          Clause No. 22 read.

                 The Hon. T. G. Roberts moved on page 23, lines 14 to 16, to leave out paragraph (c).          Question - That the amendment be agreed to - put and negatived.

                          Clause No. 22 otherwise amended and agreed to.

                          Clauses No. 23 to No. 25 agreed to.

                          Clause No. 26 amended and agreed to.

                          Clause No. 27 amended and agreed to.

                          Clause No. 28 amended and agreed to.

                          Clauses No. 29 to No. 32 agreed to.

                 The Hon. T. G. Roberts moved on page 35, after line 17, to insert new clause as follows:

                          “Expiry of Part

                                       32A.  This Part expires on the second anniversary of the commencement of this section.”

                 Question - That new clause No. 32A, as proposed to be inserted by the Hon.
T. G. Roberts, be so inserted - put and negatived.

                          Clauses No. 33 to No. 43 agreed to.

                          Clause No. 44 amended and agreed to.

                          Clause No. 45 amended and agreed to.

                          Clauses No. 46 and No. 47 agreed to.

                          Clause No. 48 amended and agreed to.

                          Clause No. 49 read.

                 The Hon. I. Gilfillan moved on page 47, lines 21 and 22, to leave out subclause (4).

                 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. P. Holloway

The Hon. S. M. Kanck

The Hon. C. A. Pickles

The Hon. R. R. Roberts

The Hon. T. G. Roberts

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. I. Gilfillan (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. A. J. Redford

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. D. V. Laidlaw (Teller)

 

 

 

        So it was resolved in the affirmative.

                          Clause No. 49, as amended, agreed to.

                          Clause No. 50 amended and agreed to.

                          Clause No. 51 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.

 

 

10.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 7 and No. 9 to No. 20 be postponed and taken into consideration after Order of the Day (Government Business) No. 21.

 

Postponement

of Business.

11.

On the Order of the Day being read for the adjourned debate on the question - That the Appropriation 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.

 

Appropriation

Bill.

 

12.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 7 and No. 9 to No. 11 be postponed and taken into consideration after Order of the Day (Government Business) No. 12.

 

Postponement

of Business.

13.

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

                 Debate resumed.

                 On motion of the Hon. J. F. Stefani, the debate was adjourned until next day of sitting.

 

Geographical

Names

(Assignment

of Names)

Amendment Bill.

 

14.

At four 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.

15.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 7, No. 9 to No. 11, No. 13 and No. 14 be postponed and taken into consideration after Order of the Day (Government Business) No. 15.

 

Postponement

of Business.

16.

On the Order of the Day being read for the adjourned debate on the question - That the Stamp Duties (Conveyance Rates) 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 Treasurer, 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.

 

Stamp Duties (Conveyance Rates)

Amendment Bill.

 

17.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 7, No. 9 to No. 11, No. 13 and No. 14 be postponed and taken into consideration after Order of the Day (Government Business) No. 16.

 

Postponement

of Business.

18.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (Financial Institutions) 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. 23 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 Treasurer, 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 (Financial Institutions) Bill.

 

19.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 7, No. 9 to No. 11, No. 13, No. 14, No. 17 and No. 18 be postponed and taken into consideration after Order of the Day (Government Business) No. 19.

 

Postponement

of Business.

20.

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

                 Debate resumed.

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

 

Superannuation (Voluntary Superannuation Packages) Amendment Bill.

 

21.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 7, No. 9 to No. 11, No. 13, No. 14, No. 17 and No. 18 be postponed and taken into consideration after Order of the Day (Government Business) No. 20.

 

Postponement

of Business.

22.

On the Order of the Day being read for the adjourned debate on the question - That the Police Superannuation (Increments in Salary) Amendment Bill be now read a second time:

                 Debate resumed.

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

 

Police Superannuation (Increments in Salary) Amendment Bill.

 

23.

Ordered - That the adjourned debate on the question - That the Appropriation 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.

 

Appropriation

Bill.

 

24.

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

Message No. 75

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act relating to exploration for, and the recovery of minerals (other than petroleum) in the first 3 nautical miles of the territorial sea in respect of South Australia, and for related purposes, to which it desires the concurrence of the Legislative Council.

House of Assembly, 8 July 1999.                                                                    J.K.G. OSWALD, Speaker.

                 Bill 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.

 

Messages from

House of Assembly:

Offshore Minerals Bill.

 

 

Message No. 76

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Road Traffic Act 1961; and to make related amendments to the City of Adelaide Act 1998, the Local Government Act 1934 and the Motor Vehicles Act 1959, without any amendment.

House of Assembly, 27 July 1999.                                                                  J.K.G. OSWALD, Speaker.

 

Road Traffic

(Road Rules) Amendment

Bill.

 

 

Message No. 77

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the City of Adelaide Act 1998 and to repeal the Rundle Street Mall Act 1975, without any amendment.

House of Assembly, 27 July 1999.                                                                  J.K.G. OSWALD, Speaker.

 

City of Adelaide (Rundle Mall) Amendment Bill.

 

 

Message No. 78

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Fisheries (Gulf St. Vincent Prawn Fishery Rationalization) Act 1987, to which it desires the concurrence of the Legislative Council.

House of Assembly, 27 July 1999.                                                                  J.K.G. OSWALD, Speaker.

                 Bill 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.

 

Fisheries (Gulf

St. Vincent

Prawn Fishery Rationalization) (Charges on Licences) Amendment Bill.

 

25.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 7 and No. 9 and No. 10 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

26.

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

 

Postponement

of Business.

27.

Ordered - That Order of the Day (Government Business) No. 13 be an Order of the Day for next day of sitting.

 

Postponement

of Business.

28.

On the Order of the Day being read for the adjourned debate on the question - That the Industrial and Employee Relations (Workplace Relations) 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.

 

Industrial and Employee Relations (Workplace Relations) Amendment Bill.

 

29.

Ordered - That the adjourned debate on the question - That the Statutes Amendment (Trusts) Bill be now read a second time - be now resumed.

                 Debate resumed.

_____________________

 

And it being twelve of the clock:

WEDNESDAY 28 JULY 1999

_____________________

 

                 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.

 

Statutes

Amendment

(Trusts) Bill.

30.

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

 

Postponement

of Business.

31.

Council adjourned at seven minutes past twelve o’clock midnight until today 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