[SOUTH AUSTRALIA]

No. 45

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

THURSDAY  27  AUGUST  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), by leave, without notice, moved - That the sitting of the Council be not suspended during the continuation of the Conference on the Statutes Amendment (Motor Accidents) Bill.

                 Question put and passed.

 

Statutes

Amendment

(Motor

Accidents)

Bill.

 

   3.

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.

   4.

The Attorney-General, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Evidence Act 1929.

                 Question put and passed.

 

Leave to

Introduce

a Bill.

   5.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 4 be postponed and taken into consideration after Order of the Day (Government Business) No. 5.

 

Postponement

of Business.

 

    6.

The Council, according to order, resolved itself into a Committee of the whole for the further consideration of the Emergency Services Funding Bill.

 

In the Committee

 

                  Clause No. 1 further considered and agreed to.

                  Clause No. 2 agreed to.

                  Clause No. 3 read.

        The Hon. I. Gilfillan moved - That it be a suggestion to the House of Assembly to amend the clause on page 2, lines 24 to 27, by leaving out paragraph (b) and inserting new paragraph as follows:

                           “(b)    in relation to dedicated land within the meaning of the Crown Lands Act 1929 or land dedicated by or under any other Act, being land that has not been granted in fee simple but which is under the care, control and management of a Minister, body or other person—

                                        (i)    in the case of land from which the Minister, body or other person derived income in the immediately preceding financial year that exceeded the Minister’s, body’s or other person’s costs incurred in that year in the care, control and management of the land—the Minister, body or other person;

                                       (ii)    in any other case—the Crown;”

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

Emergency

Services

Funding Bill.

 

                  Clause No. 3 otherwise suggested to be amended and agreed to.

The Hon. I. Gilfillan moved - That it be a suggestion to the House of Assembly to amend the Bill on page 3, after line 11, by inserting new clause as follows:

“PART 1A

THE EMERGENCY SERVICES FUNDING

ADVISORY COMMITTEE

The Emergency Services Funding Advisory Committee

          3A. (1) The Emergency Services Funding Advisory Committee is established.

          (2)  The Committee consists of six members appointed by the Governor of whom—

(a)    two have been nominated by the Minister; and

(b)    three have been nominated by the Local Government Association of South Australia; and

(c)    one has been nominated by the South Australian Farmers Federation Incorporated.

          (3)  The Governor will designate one of the members to preside at meetings of the Committee.

          (4)  A member of the Committee will be appointed for a term of office, not exceeding three years, specified in the instrument of appointment and, on completion of the term of appointment, will be eligible for reappointment.

          (5) The Governor may remove a member of the Committee from office for—

(a)    mental or physical incapacity; or

(b)    neglect of duty; or

(c)    misconduct.

          (6) The office of a member of the Committee becomes vacant if the member—

(a)    dies; or

(b)    completes a term of office and is not reappointed; or

(c)    resigns by written notice to the Minister; or

(d)    is removed from office by the Governor under subsection (5).

          (7)  On the occurrence of a vacancy in the membership of the Committee a person will be appointed in accordance with this section to the vacant office but the validity of acts and proceedings of the Committee is not affected by the existence of a vacancy or vacancies in its membership.

          (8)  A meeting of the Committee will be chaired by the member appointed to preside, or, in the absence of that member, a member chosen by those present.

          (9)     A quorum of the Committee consists of four members of the Committee.

          (10)  A decision carried by a majority of the votes of the members present at a meeting of the Committee is a decision of the Committee.

          (11)  Each member present at a meeting of the Committee is entitled to one vote on any matter arising for decision at that meeting and, if the votes are equal, the person chairing the meeting is entitled to a second or casting vote.

          (12)  The functions of the Committee are—

(a)    to advise the Minister on questions and arrangements relating to the transition from the previous method of funding emergency services to the funding of those services by means of levies under this Act; and

(b)    to advise the Minister in relation to his or her recommendation to the Governor under section 9 as to the amount of the levy and the values of the area factors and the land use factors to be declared under that section; and

(c)    to advise the Minister as to the application of the Fund; and

(d)    such other functions as are determined by the Minister or are prescribed by regulation.

          (13)  A member of the Committee is entitled to such fees and allowances as may be determined by the Governor.”

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

 

 

         Clauses No. 4 and No. 5 agreed to.

         Clause No. 6 read.

The Hon. I. Gilfillan moved - That it be a suggestion to the House of Assembly to amend the clause on page 6, line 4, by leaving out “proclamation” and inserting “regulation”.

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

         Clause No. 6 agreed to.

         Clause No. 7 suggested to be amended and agreed to.

         Clause No. 8 suggested to be amended and agreed to.

         Clause No. 9 read.

The Hon. I. Gilfillan moved - That it be a suggestion to the House of Assembly to amend the clause on page 8, line 11, by leaving out subclause (5) and inserting new subclauses as follows:

          “(5)  Before making a determination under subsection (4) the Minister must consult—

(a)    the Country Fire Service; and

(b)    the South Australian Metropolitan Fire Service; and

(c)    the State Emergency Service South Australia; and

(d)    the Surf Life Saving Association of South Australia Incorporated; and

(e)    the Volunteer Marine Rescue S.A. Incorporated.

          (5a)  A notice published under subsection (1) must—

(a)    include a statement of the amount determined by the Minister under subsection (4); and

(b)    include a description of the method used in determining the amount.

          (5b)  The Minister must, as soon as practicable after the publication of a notice under subsection (1), cause a copy of the notice to be laid before both Houses of Parliament.”

Question - That the motion agreed to - put and negatived.

The Hon. I. Gilfillan moved  - That it be a suggestion to the House of Assembly to amend the clause on page 8, lines 19 to 22, by leaving out subclause (7).

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

         Clause No. 9 agreed to.

         Clause No. 10 read.

The Hon. I. Gilfillan moved - That it be a suggestion to the House of Assembly to amend the clause on page 8, line 26, by leaving out “10 per cent” and inserting “20 per cent”.

The Hon. P. Holloway moved - That it be a suggestion to the House of Assembly to amend the Bill by leaving out the clause and inserting new clause No. 10 as follows:

Liability of the Crown

          10.  (1)  The Crown and its agencies and instrumentalities are not liable to pay a levy declared under this Division.

          (2) However, the Crown must pay into the Community Emergency Services Fund in respect of each year in relation to which a levy is declared under section 9 an amount that is equivalent to 20 percent of the amount determined by the Minister and published in the notice declaring the levy under section 9(5).

          (3)  Subsection (2) does not apply in relation to a notice disallowed under Division 3.”

Question - That the motion moved by the Hon. I. Gilfillan be agreed to - put and passed.        Question - That clause No. 10, as suggested to be amended, stand part of the Bill - put.

            Committee divided:

 

 

Ayes, 9.

The Hon. T. G. Cameron

The Hon. M. J. Elliott

The Hon. P. Holloway

The Hon. S. M. Kanck

The Hon. C. A. Pickles

The Hon. T. G. Roberts

The Hon. G. Weatherill

The Hon. C. Zollo

The Hon. I. Gilfillan (Teller)

Noes, 8.

The Hon. J.S.L. Dawkins

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. J. F. Stefani

The Hon. N. Xenophon

The Hon. K. T. Griffin (Teller)

 

 

So it was resolved in the affirmative.

                          Clause No. 10, as suggested to be amended, agreed to.

                          Clauses No. 11 to No. 17 agreed to.

                          Clause No. 18 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.

__________________

 

 

   7.

At two minutes 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.

 

   8.

The Treasurer (The Hon. R. I. Lucas) reported as follows: - The Managers have been to the Conference on the Statutes Amendment (Motor Accidents) Bill which was managed on behalf of the House of Assembly by the Minister for Education, Children’s Services and Training (The Hon. M. R. Buckby), Ms. Maywald and Messrs Conlon, Foley and Meier, and the Council Managers there delivered the Bill, together with the Resolution adopted by this House, and thereupon the Managers for the two Houses conferred together, and it was agreed that they should recommend to their respective Houses that:

Statutes

Amendment

(Motor Accidents)

Bill.

 

As to Amendments Nos. 1 to 4 -

           That the Legislative Council no longer insists on its disagreement.

As to Amendment No. 5 -

           That the House of Assembly amends its amendment by leaving out all the words after
                  “Leave out section 124AC”

           and the Legislative Council agrees thereto.

As to Amendment No. 6 -

           That the House of Assembly amends its amendment by inserting after subclause (3):

         “(4) The insurer must, after acquiring the vehicle, allow inspection and, if necessary, testing, of the vehicle, on reasonable terms and conditions, by—

(a)    any person who is or may become a party to proceedings in respect of death or bodily injury caused by or arising out of the use of the vehicle; or

(b)    any person who otherwise has a proper interest in inspecting the vehicle; or

(c)    any agent of a person referred to in paragraph (a) or (b).”

           and that the House of Assembly agree thereto.

As to Amendments Nos. 7 to 10 -

           That the Legislative Council no longer insists on its disagreement.

 

 

As to Amendment No. 11 -

           That the House of Assembly amends its amendment by inserting after “paragraph (a)” the words “and substitute:

(a)    require that, for the purposes of this section, the regulations made for the purposes of section 32 of the Workers Rehabilitation and Compensation Act 1986 be read subject to modifications specified in the notice;”

           and the Legislative Council agrees thereto.

As to Amendment No. 12 -

           That the Legislative Council no longer insists on its disagreement and the House of Assembly makes the following additional amendment:

Clause 9, page 4, lines 2 to 12—Leave out subsection (3) and insert:

         (3) The Minister must, before issuing a notice under subsection (2)(a) or a notice varying or revoking such a notice, consult with professional associations representing the providers of services to which the notice relates.

           and the Legislative Council agrees thereto.

As to Amendment No. 13 -

           That the Legislative Council no longer insists on its disagreement and the House of Assembly makes the following additional amendment:

Clause 9, page 4—After new subsection (4b) insert:

         (4c)  Proceedings may not be commenced under subsection (4b)(a) in relation to a charge for a prescribed service for which there is not a prescribed limit and to which a prescribed scale does not apply if, prior to the injured person being charged for the service, the insurer agreed to the amount of the charge.

         (4d) Proceedings may not be commenced under subsection (4b) unless the insurer has—

(a)    first given the service provider notice that the insurer claims the charge to be excessive or the services to be inappropriate or unnecessary, as the case may be, and of the reasons for the claim; and

 

 

(b)    allowed at least 30 days from the giving of the notice for the service provider and any professional association or other person acting on behalf of the service provider to respond to the claim and consult with the insurer; and

(c)    require that, for the purposes of this section, the regulations made for the given due consideration to any response to the claim and proposals for settlement of the matter made by or on behalf of the service provider; and

(d)    given the service provider notice of the result of the insurer’s consideration of the matter and allowed a further period of 30 days to elapse from the giving of that notice for any further consultations if requested by the service provider.

           and the Legislative Council agrees thereto.

 

 

As to Amendment No. 14 -

           That the House of Assembly amends its amendment by inserting after “subsections (6), (7) and (8)” the words “and substitute:

         (6)  Proceedings may not be commenced under subsection (4b) or for an offence against subsection (5) in respect of prescribed services provided in relation to bodily injury caused by or arising out of the use of a motor vehicle unless liability to damages (whether being the whole or part only of the amount claimed) in respect of that injury has been accepted by or established against an insured person or the insurer.

         (7)  Proceedings for an offence against subsection (5) may be commenced at any time within 12 months after—

(a)    liability to damages (whether being the whole or part only of the amount claimed) has been accepted or established as referred to in subsection (6); or

(b)    receipt by the insurer of an account for payment of the charge to which the proceedings relate,

whichever is the later.

         (8)  In proceedings for an offence against subsection (5) it is a defence if the defendant proves that, at the time the defendant charged for the services, the defendant, having made reasonable inquiries, had reason to believe that neither an insured person nor the insurer has or might have any liability to damages in respect of the injury.”

           and the Legislative Council agrees thereto.

 

 

As to Amendment No. 15 -

           That the Legislative Council no longer insists on its disagreement.

As to Amendments Nos. 16 and 17 -

           That the House of Assembly no longer insists on its amendments.

As to Amendment No. 18 -

           That the Legislative Council no longer insists on its disagreement

As to Amendments Nos. 19 to 21 -

           That the House of Assembly no longer insists on its amendments.

 

 

   9.

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

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

                 Government Boards and Committees Information - Boards and Committees (by Portfolio) as at 30 June 1998.

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

                 Development Act 1993 - Report on the Interim Operation of the Barossa Council - Mount Pleasant District Council Development Plan - Taunton Area Plan Amendment Report.

                 Development Act 1993 - Report on the Interim Operation of the City of Charles Sturt - Hindmarsh and Woodville (City) Development Plan Coastal Areas Plan Amendment.

 

Papers.

10.

The Treasurer tabled a copy of a Ministerial Statement made by the Premier (The Hon. J. W. Olsen, M.P.) concerning a review of the Office of Multicultural and International Affairs.

 

Paper

Tabled.

 

11.

The Minister for Disability Services (The Hon. R. D. Lawson), without notice, moved - That the Standing Orders be so far suspended as to enable Question Time to be extended to enable him to give a reply to a question asked by the Hon. S. M. Kanck.

                 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.

  12.

The Council, according to order, resolved itself into a Committee of the whole for the further consideration of the Emergency Services Funding Bill.

 

In the Committee

 

                  Clause No. 18 further considered and agreed to.

         Clause No. 19 suggested to be amended and agreed to.

Emergency

Services

Funding Bill.

 

                  Clauses No. 20 to No. 26 agreed to.

                  New clause No. 26A as suggested to be inserted, agreed to.

                  Clause No. 27 read.

The Hon. I. Gilfillan moved on page 17, lines 17 and 18 - That it be a suggestion to the House of Assembly to amend the clause by leaving out subparagraph (vi).

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

         Clause No. 27 agreed to.

         New clause No. 27A as suggested to be inserted, agreed to.

         Clauses No. 28 to No. 30 agreed to.

         Clause No. 31 suggested to be amended and agreed to.

         New clause No. 31A, as suggested to be inserted, agreed to.

         Clause No. 32 agreed to.

         Schedule 1 agreed to.

         Schedule 2 read.

The Attorney-General moved that it be a suggestion to the House of Assembly to amend the Schedule on page 21, after line 37, by inserting new clauses as follow:

The Emergency Services Funding Transitional Advisory Committee

          5.  (1)  The Emergency Services Funding Transitional Advisory Committee is established.

          (2)  The Committee consists of six members appointed by the Minister of whom three have been nominated by the Local Government Association of South Australia.

          (3)  The Minister will designate one of the members to preside at meetings of the Committee.

          (4)  The term of office of members of the Committee is until the dissolution of the committee (see subclause (15)).

          (5)  The Minister—

(a)     may remove a member of the Committee who was not appointed on the nomination of the Local Government Association of South Australia on any ground that the Minister considers sufficient;

(b)     must remove a member of the Committee appointed on the nomination of the Local Government Association of South Australia if requested to do so by the association.

          (6)  The Local Government Association of South Australia may request the Minister to remove a member of the Committee appointed on its nomination on any ground that the association considers sufficient.

 

 

          (7)  The office of a member of the Committee becomes vacant if the member—

(a)     dies; or

(b)     resigns by written notice to the Minister; or

(c)     is removed from office by the Minister under subclause (5).

          (8)  On the occurrence of a vacancy in the membership of the Committee, a person will be appointed in accordance with this clause to the vacant office, but the validity of acts and proceedings of the Committee is not affected by the existence of a vacancy or vacancies in its membership.

          (9) A meeting of the Committee will be chaired by the member appointed to preside, or, in the absence of that member, a member chosen by those present.

          (10)  A quorum of the Committee consists of four members of the Committee.

          (11) A decision carried by a majority of the votes of the members present at a meeting of the Committee is a decision of the Committee.

          (12)  Each member present at a meeting of the Committee is entitled to one vote on any matter arising for decision at that meeting and, if the votes are equal, the person chairing the meeting is entitled to a second or casting vote.

          (13)  The functions of the Committee are—

(a)     to advise the Minister, at his or her request, on questions and arrangements relating to the transition from the previous method of funding emergency services to the funding of those services by means of levies under this Act; and

(b)     such other functions as are determined by the Minister or are prescribed by regulation.

          (14)  A member of the Committee is entitled to such fees and allowances as may be determined by the Governor.

 

 

          (15)  The Committee is dissolved at the expiration of 30 June 2001.

Crown to be taken to be owner of certain land

          6.  (1)  The following provisions apply in relation to land referred to in subclause (2) during the period from the commencement of this Act up to and including 30 June 2001:

(a)     the Crown will be taken to be the owner of the land for the purposes of this Act; and

(b)     section 10(1) relates to the land as though it were referred to in subsection (2) of that section.

 

 

          (2)  Subclause (1) applies to land if—

(a)     the land is under the care, control and management of a council; and

(b)     the land is—

  (i)    dedicated land within the meaning of the Crown Lands Act 1929 that has not been granted in fee simple; or

 (ii)    dedicated land within the meaning of the Crown Lands Act 1929 that has been granted in fee simple in trust for the purposes for which the land was dedicated; or

(iii)    land comprising—

·       park lands; or

·       a cemetery; or

·       a coastal reserve; or

·       a road reserve; and

(c)     the land—

  (i)    is not used by the council for its operations; or

 (ii)    is not subject to a lease or licence granted by the council to another person for a rent or fee (except a nominal rent or fee).

          (3)  In this clause—

coastal reserve” means land reserved or set apart for any purpose being land that has as one or more of its boundaries the boundary between the land and the sea;

park lands” means—

(a)     public parks and park lands including the park lands in the area of the Corporation of the City of Adelaide; and

(b)     all other land declared or set apart as a park or reserve for the use and enjoyment of the public.’

 

 

The Hon. I. Gilfillan moved that it be a suggestion to the House of Assembly to amend the Schedule on page 21, after line 37, to amend the Schedule by inserting new clause as follows:

Crown to be taken to be owner of certain land

          5.  (1)  The following provisions apply in relation to land referred to in subclause (2) during the period from the commencement of this Act up to and including 30 June 2001:

(a)     the Crown will be taken to be the owner of the land for the purposes of this Act; and

(b)     section 10(1) relates to the land as though it were referred to in subsection (2) of that section.

          (2)  Subclause (1) applies to land if—

(a)     the land is under the care, control and management of a council; and

(b)     the land is—

  (i)    dedicated land within the meaning of the Crown Lands Act 1929 that has not been granted in fee simple; or

 (ii)    dedicated land within the meaning of the Crown Lands Act 1929 that has been granted in fee simple in trust for the purposes for which the land was dedicated; or

(iii)    land comprising—

·       park lands; or

·       a cemetery; or

·       a coastal reserve; or

·       a road reserve; and

(c)     the land—

  (i)    is not used predominantly by the council for its operations; or

 (ii)    is not subject to one or more leases or licences granted by the council to another person for a rent or fee (except a nominal rent or fee) the term (or the aggregate of the terms) of which exceeds six months in any period of 12 months.

          (3)  In this clause—

coastal reserve” means land reserved or set apart for any purpose if any part of the land is within 50 metres of the sea at high water.

park lands” means—

(a)     public parks and park lands including the park lands in the area of the Corporation of the City of Adelaide; and

(b)     all other land declared or set apart as a park or reserve for the use and enjoyment of the public.’

Question - That new clause 5 of Schedule 2, as suggested to be inserted by the Attorney-General, be agreed to - put and passed.

 

 

Question - That new clause 6 of Schedule 2, down to and including 6(2)(b)(iii) as suggested to be inserted by the Attorney-General, be agreed to - put and passed.

Question - That new clause 6(2)(c) and (3) of Schedule 2, as suggested to be inserted by the Attorney-General, be agreed to - put and negatived.

Question - That new clause 5(2)(c) and (3) of Schedule 2, as suggested to be inserted by the Hon. I. Gilfillan, be agreed to - put and passed.

                          Schedule 2, as suggested to be amended and otherwise suggested to be 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 suggested amendments.

                 Ordered - That the Bill be recommitted on motion.

 

 

13.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 4 and No. 6 to No. 13 be postponed and taken into consideration after Order of the Day (Government Business) No. 14.

 

Postponement

of Business.

 

14.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of Message No. 103 from the House of Assembly relating to the Police (Complaints and Disciplinary Proceedings) (Miscellaneous) Amendment Bill.

 

In the Committee

 

                          Resolved - That Amendment No. 1 be not insisted on and that the alternative amendment made in lieu thereof be agreed to.

_____________________

 

                 The President resumed the Chair, and reported accordingly; whereupon the Council adopted such report.

 

Police

(Complaints and Disciplinary Proceedings) (Miscellaneous) Amendment

Bill.

15.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 3 be postponed and taken into consideration after Order of the Day (Government Business) No. 4.

 

Postponement

of Business.

 

16.

On the Order of the Day being read for the adjourned debate on the question - That the Pollution of Water by Oil and Noxious Substances (Miscellaneous) 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. 8 agreed to.

                          Clause No. 9 amended and agreed to.

                          Clauses No. 10 to 17 agreed to.

                          Schedule 1 agreed to.

                          Schedule 2 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.

 

Pollution of

Waters by Oil

and Noxious Substances (Miscellaneous) Amendment Bill.

 

17.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 3 and No. 6 to No. 11 be postponed and taken into consideration after Order of the Day (Government Business) No. 12.

 

Postponement

of Business.

 

18.

On the Order of the Day being read for the adjourned debate on the question - That the National Parks and Wildlife (Bookmark Biosphere Trust) 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.4 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 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.

 

National Parks

and Wildlife (Bookmark Biosphere Trust)

Amendment Bill.

 

  19.

The Council, according to order, resolved itself into a Committee of the whole for the further consideration of the Pastoral Land Management and Conservation (Board Procedures,
Rent, etc.) 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 motion.

 

Pastoral Land Management and Conservation

(Board Procedures, Rent, etc.) Amendment Bill.

20.

At 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.

 

21.

The Attorney-General, pursuant to leave granted this day, introduced a Bill for an Act to amend the Evidence Act 1929.

                 Bill read a first time.

                 The Attorney-General 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.

 

Evidence (Confidential Communications) Amendment Bill.

22.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 3, No. 6 to No. 11 and
No. 13 be postponed and taken into consideration after Order of the Day (Government Business) No. 15.

 

Postponement

of Business.

 

23.

On the Order of the Day being read for the adjourned debate on the question - That the Local Government Finance Authority (Board Membership) 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. 7 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 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.

 

Local

Government

Finance Authority (Board Membership) Amendment Bill.

 

24.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 3 and No. 6 to No. 10 be postponed and taken into consideration after Order of the Day (Government Business) No. 11.

 

Postponement

of Business.

 

25.

On the Order of the Day being read for the adjourned debate on the question - That the Southern State Superannuation (Merger of Schemes) 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. 33 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.

 

Southern State Superannuation (Merger of

Schemes) Amendment Bill.

 

  26.

The Council, according to order, resolved itself into a Committee of the whole for the further consideration of the Pastoral Land Management and Conservation (Board Procedures, Rent, etc.) Amendment Bill.

 

In the Committee

 

                  Clause No. 1 further considered and agreed to.

                  Clauses No. 2 and No. 3 agreed to.      

                  New clause No. 3A inserted. 

                  Clause No. 4 agreed to.

                  Clause No. 5 amended and agreed to.

                  Clauses No. 6 and No. 7 agreed to.

                  Schedule 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 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.

 

Pastoral Land Management and Conservation

(Board Procedures, Rent, etc.) Amendment Bill.

  27.

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

Message No. 119

                 MR. PRESIDENT - The House of Assembly has agreed to the amendments made by the Legislative Council in the Criminal Law (Sentencing) (Victim Impact Statements) Amendment Bill, without any amendment.

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

 

Messages from

House of Assembly:

Criminal Law (Sentencing)

(Victim Impact Statements) Amendment Bill.

 

 

Message No. 120

                 MR. PRESIDENT - The House of Assembly has disagreed to the amendments made by the Legislative Council in the Education (School Closures and Amalgamations) Amendment Bill as indicated in the annexed Schedule. The House of Assembly returns the Bill herewith and desires its reconsideration.

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

 

Education (School Closures and Amalgamations) Amendment Bill.

 

 

Schedule of the amendments made by the Legislative Council

to which the House of Assembly has disagreed

No. 1.       Page 3 (clause 3) - After line 3 insert new paragraph as follows:

                  “(ca)   a person nominated by the Australian Education Union (S.A. Branch); and”

No. 2.       Page 3, lines 20 and 21 (clause 3) - Leave out subsection (8).

No. 3.       Page 3, line 28 (clause 3) - Leave out “call” and insert:

                 “publish a notice of the proposed review in a newspaper circulating generally throughout the State, calling”.

No. 4.       Page 3 (clause 3) - After line 29 insert new paragraph as follows:

                  “(ab)    obtain advice from experts in demographics and education as to the present and future use of those schools; and”

G. D. MITCHELL, Clerk of the House of Assembly.

                 Ordered - That the Message be taken into consideration on motion.

 

 

 

Message No. 121

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Criminal Law Consolidation Act 1935, to which it desires the concurrence of the Legislative Council.

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

                 Bill read a first time.

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

 

Criminal Law Consolidation

(Intoxication) Amendment

Bill.

 

 

Message No. 122

                 MR. PRESIDENT - The House of Assembly, having considered the recommendations of the Conference on the Statutes Amendment (Motor Accidents) Bill, has agreed to the same.  The Bill is returned herewith.

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

                 Ordered - That the Message be taken into consideration forthwith.

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

 

In the Committee

 

                          Resolved - That the recommendations from the Conference be agreed to.

_____________________

 

                 The President resumed the Chair, and reported accordingly; whereupon the Council adopted such report.

 

Statutes

Amendment

(Motor Accidents) Bill.

 

28.

At five minutes to eleven o’clock the sitting was suspended until the ringing of the bells.

                 At twenty five minutes past eleven o’clock the sitting was resumed.

 

Suspension and

Resumption of

Sitting.

 

29.

Ordered - That Orders of the Day (Private Business) No. 1 to No. 6 be postponed and taken into consideration after Order of the Day (Private Business) No. 7.

 

Postponement

of Business.

 

  30.

The Council, according to order, resolved itself into a Committee of the whole for the consideration of the Subordinate Legislation (Miscellaneous) Amendment Bill.

 

In the Committee

 

                  Clause No. 1 and No. 2 agreed to.

                  New clause No. 2A inserted.

                  Clause No. 3 amended and agreed to.

                  Clause No. 4 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 Hon. R. R. Roberts, 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.

                 The Hon. R. R. Roberts moved - That this Bill be now read a third time.

                 Debate ensued.

                 Question put and passed.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

Subordinate Legislation (Miscellaneous) Amendment Bill.

31.

Ordered - That Orders of the Day (Private Business) No. 1 to No. 6 be postponed and taken into consideration after Order of the Day (Private Business) No. 8.

 

Postponement

of Business.

 

32.

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

                 Debate resumed.

_____________________

 

And it being twelve of the clock:

FRIDAY 28 AUGUST 1998

_____________________

 

                 Question put and passed.

 

Legislative

Review

Committee -

Policy for the

Examination of

Regulations

to be noted -

Motion re.

33.

Ordered - That Orders of the Day (Private Business) No. 1 to No. 5 be postponed and taken into consideration after Order of the Day (Private Business) No. 6.

 

Postponement

of Business.

 

34.

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

         I.      Opposes the Federal Government’s signing of the Multilateral Agreement on Investment (MAI) until this Parliament and the People of South Australia are fully cognizant of the implications the MAI will have on policies under State jurisdiction; and

        II.      Urges the State Government not to support the MAI if it is found that the governance of
this State is severely impaired:

         Debate resumed.

                 Question put and passed.

 

Multilateral Agreement on Investment -

Motion re.

35.

Ordered - That Orders of the Day (Private Business) No. 1 and No. 2 be postponed and taken into consideration after Order of the Day (Private Business) No. 3.

 

Postponement

of Business.

 

36.

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

                 Debate resumed.

                 And the Treasurer having obtained leave to conclude his remarks, the debate was adjourned and ordered to be resumed on motion.

 

Constitution (Promotion of Government Bills) Amendment Bill.

37.

At eighteen minutes to one o’clock the sitting was suspended until the ringing of the bells.

                 At twenty five minutes past one o’clock the sitting was resumed.

 

Suspension and

Resumption of

Sitting.

 

  38.

The Council, according to order, resolved itself into a Committee of the whole for the reconsideration of the Emergency Services Funding Bill.

 

In the Committee

 

                  Clause No. 1 to No. 3 reconsidered and agreed to.

                  New clause No. 3A, as suggested to be inserted, agreed to.

                  Clauses No. 4 to No. 8 reconsidered and agreed to.

                  Clause No. 9 reconsidered, suggested to be amended and agreed to.

                  Clause No. 10 reconsidered, suggested to be further amended and agreed to.

                  Clauses No. 11 to No. 26 reconsidered and agreed to.

                  Clause No. 26A reconsidered and struck out.

                  Clause No. 27 reconsidered and agreed to.

                  Clause No. 27A reconsidered and struck out.

         Clauses No. 28 to No. 32 reconsidered and agreed to.

         Schedule 1 reconsidered and agreed to.

         Schedule 2 reconsidered and agreed to.

         Title reconsidered and agreed to.

_____________________

        

                 The President resumed the Chair, and reported that the Committee had reconsidered the Bill and had agreed to the same with further suggested amendments; whereupon the Council adopted such reports.

                 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.

 

Emergency

Services

Funding Bill.

39.

Ordered - That the adjourned debate on the question - That the Constitution (Promotion of Government Bills) Amendment Bill be now read a second time - be now resumed.

                 Debate resumed.

                 Question put and passed.

                 Bill read a second time.

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

 

Constitution (Promotion of Government Bills) Amendment Bill.

  40.

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

Message No. 123

                 MR. PRESIDENT - The House of Assembly has agreed without amendment to the alternative amendment made by the Legislative Council to its Amendment No. 1 in the Police (Complaints and Disciplinary Proceedings) (Miscellaneous) Amendment Bill to which the House of Assembly has disagreed.

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

 

Messages from

House of Assembly:

Police (Complaints

and Disciplinary

Proceedings)

(Miscellaneous) Amendment Bill.

 

 

Message No. 124

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Pollution of Waters by Oil and Noxious Substances Act 1987, without any amendment.

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

 

Pollution of

Waters by Oil and

Noxious Substances

(Miscellaneous)

Amendment Bill.

 

 

Message No. 125

                 MR. PRESIDENT - The House of Assembly has agreed to the amendments made by the Legislative Council in the Pastoral Land Management and Conservation (Board Procedures, Rent, etc.) Amendment Bill without any amendment.

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

 

Pastoral Land

Management

and Conservation

(Board Procedures,

Rent, etc.)

Amendment Bill.

 

 

Message No. 126

                 MR. PRESIDENT - The House of Assembly has agreed to the suggested amendments of the Legislative Council in the Emergency Services Funding Bill without any amendment and has amended the Bill accordingly.

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

 

Emergency

Services Funding

Bill.

41.

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

 

Postponement

of Business.

  42.

Ordered - That the Council, at its rising, do adjourn until Wednesday next, at fifteen minutes past two o’clock.

 

Next day of

sitting.

43.

Council adjourned at sixteen minutes to three o’clock until Wednesday next, 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