SOUTH AUSTRALIA]

No. 29

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY  27  AUGUST  2002

 

 

 

   1.

Council met pursuant to adjournment.  The President (The Hon. R. R. Roberts) took the Chair.

                 The President read prayers.

 

Meeting of
Council.

    2.

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

        By the Minister for Agriculture, Food and Fisheries (The Hon. P. Holloway) -

                 Regulations under the following Acts -

                          Art Gallery Act 1939 - Conduct and Enforcement.

                          Petroleum Products Regulation Act 1995 - Retail Sales.

                          Police Superannuation Act 1990 - Superannuation Scheme.

        By the Minister for Aboriginal Affairs and Reconciliation (The Hon. T. G. Roberts) -

                 Flinders University - Report, 2001.

                 Nurses Board of South Australia - Report of the Review on the Operation of Section 24(3) of the Nurses Act 1999 - June 2002.

                 Regulations under the following Acts -

                          Dangerous Substances Act 1979 - 2002 System.

                          Daylight Saving Act 1971 - 2002-2003.

                          Long Service Leave Act 1987 - Application and Record Keeping.

                 The Flinders University of South Australia -

                          Amendment to Statutes 7.1, 7.3 and 7.4 (Sealed on 18 January 2001).

                          Amendment to Statutes 7.1 and 7.3 (Sealed on 2 May 2001).

                          Amendment to Statute 7.1 (Sealed on 5 June 2001).

                          Amendment to Statutes 7.1 and 7.3 (Sealed on 9 August 2001).

                          Amendment to Statutes 7.1, 7.3, 7.4 and 7.5 (Sealed on 3 December 2001).

                          Amendment to Statutes 7.1 and 7.3 (Sealed on 12 December 2001).

 

Papers.

   3.

The Minister for Aboriginal Affairs and Reconciliation (The Hon. T. G. Roberts) tabled a Ministerial Statement made by the Minister for Social Justice (The Hon. S. W. Key, M.P.) concerning the Commonwealth-State Disability Agreement.

 

Paper Tabled.

   4.

The Minister for Aboriginal Affairs and Reconciliation (The Hon. T. G. Roberts) tabled a Ministerial Statement made by the Minister for Administrative Services (The Hon. J. Weatherill, M.P.) concerning Amendments to the Freedom of Information Act 1991.

 

Paper Tabled.

   5.

The Minister for Aboriginal Affairs and Reconciliation, according to order, moved - That the Legal Services Commission (Miscellaneous) Amendment Bill be now read a second time.

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

 

Legal Services
Commission
(Miscellaneous)
Amendment Bill.

   6.

The Minister for Aboriginal Affairs and Reconciliation, according to order, moved - That the Criminal Law Consolidation (Offences of Dishonesty) Amendment Bill be now read a second time.

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

 

Criminal Law
Consolidation
(Offences of
Dishonesty)
Amendment Bill.

   7.

The Minister for Aboriginal Affairs and Reconciliation, according to order, moved - That the Criminal Law Consolidation (Territorial Application of the Criminal Law) Amendment Bill be now read a second time.

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

 

Criminal Law
Consolidation
(Territorial
Application of the
Criminal Law)
Amendment Bill.

 

   8.

The Minister for Aboriginal Affairs and Reconciliation, according to order, moved - That the Law Reform (Delay in Resolution of Personal Injury Claims) Bill be now read a second time.

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

 

Law Reform
(Delay in Resolution
of Personal Injury
Claims) Bill.

   9.

The Minister for Agriculture, Food and Fisheries, according to order, moved - That the Ombudsman (Honesty and Accountability in Government) Amendment Bill be now read a second time.

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

 

Ombudsman
(Honesty and
Accountability in
Government)
Amendment Bill.

10.

Ordered - separately - That Orders of the Day (Government Business) No. 6 and No. 7 be postponed and taken into consideration on motion.

 

Postponement
of Business.

11.

Ordered - That Orders of the Day (Government Business) No. 8 to No. 17 be postponed and taken into consideration after Order of the Day (Government Business) No. 18.

 

Postponement
of Business.

  12.

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

                 Debate resumed.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until next day of sitting.

 

Shop Trading Hours
(Miscellaneous)
Amendment Bill.

13.

Ordered - That Orders of the Day (Government Business) No. 8 to No. 12 be postponed and taken into consideration after Order of the Day (Government Business) No. 13.

 

Postponement
of Business.

14.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Air Transport (Route Licensing - Passenger Services) Bill.

 

In the Committee

 

                          Clause No. 2 further considered and agreed to.

                          Clauses No. 3 to No. 26 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 Aboriginal Affairs and Reconciliation, 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.

 

Air Transport
(Route Licensing -
Passenger Services)
Bill.

15.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Essential Services Commission Bill.

 

In the Committee

 

                          Clause No. 1 further considered.

                 To report progress and ask leave to sit again.

_____________________

 

Essential Services
Commission Bill.

 

                 The President resumed the Chair and reported progress and obtained for the Committee leave to sit again on motion.

 

 

16.

At three 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.

17.

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

Message No. 43

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith entitled an Act to amend the Fisheries Act 1982, without any amendment.

House of Assembly, 27 August 2002.                                                           R. B. SUCH, Deputy Speaker.

 

Messages from
House of Assembly:
Fisheries
(Contravention of
Corresponding
Laws) Amendment
Bill.

 

 

Message No. 44

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith entitled an Act to validate certain administrative acts and payments, without any amendment.

House of Assembly, 27 August 2002.                                                            R. B. SUCH, Deputy Speaker.

 

Fisheries
(Validation of
Administrative
Acts) Amendment
Bill.

 

18.

Ordered - That Orders of the Day (Government Business) No. 9 and No. 10 be postponed and taken into consideration after Order of the Day (Government Business) No. 11.

 

Postponement
of Business.

19.

On the Order of the Day being read for the adjourned debate on the on the question - That the Statutes Amendment (Structured Settlements) 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. 6 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 Agriculture, Food and Fisheries, 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
(Structured
Settlements) Bill.

20.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Essential Services Commission 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.

 

Essential Services
Commission Bill.

21.

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

 

Postponement
of Business.

  22.

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 Minister for Aboriginal Affairs and Reconciliation, the debate was adjourned until next day of sitting.

 

Appropriation Bill.

23.

Ordered - That Orders of the Day (Government Business) No. 10, No. 12 and No. 14 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

  24.

On the Order of the Day being read for the adjourned debate on the question - That the Stamp Duties (Rental Business and Conveyance Rates) Amendment Bill be now read a second time:

                 Debate resumed.

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

 

Stamp Duties
(Rental Business
and Conveyance
Rates) Amendment
Bill.

25.

Ordered - That Orders of the Day (Government Business) No. 16, No. 17 and No. 19 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

  26.

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

                 Debate resumed.

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

 

Constitution
(Parliamentary
Secretaries)
Amendment Bill.

27.

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

 

Postponement
of Business.

28.

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

 

Adjournment.

 

_________________________

 

 

 

 

 

Members present during any part of the sitting:

 

 

 

The Hon. J.S.L. Dawkins

The Hon. M. J. Elliott

The Hon. A. L. Evans

The Hon. G. E. Gago

The Hon. J. M. Gazzola

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. A. J. Redford

The Hon. D. W. Ridgway

 

The Hon. T. G. Roberts

The Hon. C. V. Schaefer

The Hon. R. K. Sneath

The Hon.  J. F. Stefani

The Hon. T. J. Stephens

The Hon. C. Zollo