SOUTH AUSTRALIA]

No. 54

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

THURSDAY  27  SEPTEMBER  2001

 

 

 

   1.

Council met pursuant to adjournment.  The President (The Hon. J. C. Irwin) took the Chair.

                 The President read prayers.

 

Meeting of
Council.

 

   2.

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.

 

   3.

Ordered - That Order of the Day (Government Business) No. 1 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

 

   4.

Ordered - That Orders of the Day (Government Business) No. 2 to No. 4 be postponed and taken into consideration after Order of the Day (Government Business) No. 6.

 

Postponement
of Business.

 

   5.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (Road Safety Initiatives) Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. C. V. Schaefer, the debate was adjourned and ordered to be resumed on motion.

 

Statutes

Amendment
(Road Safety
Initiatives) Bill.

 

   6.

On the Order of the Day being read for the adjourned debate on the question - That the Trade Measurement (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. 19 agreed to.

                          Title agreed to.

____________________

 

Trade
Measurement
(Miscellaneous)
Amendment
Bill.

 

 

                 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.

 

 

 

   7.

On the Order of the Day being read for the consideration in Committee of the Equal Opportunity (Miscellaneous) Amendment Bill:

Equal Opportunity
(Miscellaneous)
Amendment Bill.

Suspension of
Standing Orders.

 

 

                 The Hon. S. M. Kanck moved - That the Standing Orders be so far suspended to enable her to move an Instruction without Notice.

                 Question put and passed, without a dissentient voice, there being present an absolute majority of the whole number of the Members of the Council.

 

 

                 The Hon. S. M. Kanck moved - That it be an Instruction to the Committee of the Whole that it have power to consider new clauses in relation to amendments to the Racial Vilification Act 1996 and the Wrongs Act 1936 concerning ethno-religious discrimination.

                 Question put and passed.

                 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.

                          Clause No. 4 read.

                 The Hon. C. A. Pickles moved on page 4, after line 18, to insert new definition as follows:

                          ‘"associate" of a person includes—

                                        (a)     a person who is a member of the same household;

                                        (b)     a carer of the person;

                                        (c)     a person who is in a business, sporting or recreational relationship with the person;’.

                 Question - That the amendment be agreed to - put.

Instruction.

 

 

           Committee divided:

Ayes, 8

The Hon. T. G. Cameron

The Hon. T. Crothers

The Hon. M. J. Elliott

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. R. R. Roberts

The Hon. R. K. Sneath

The Hon. C. A. Pickles (Teller)

      So it was resolved in the affirmative.

 

Noes, 7

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. D. V. Laidlaw

The Hon. A. J. Redford

The Hon. C. V. Schaefer

The Hon. N. Xenophon

The Hon. K. T. Griffin (Teller)

 

 

 

 

                 The Hon. C. A. Pickles moved on page 4, lines 19 to 22, to leave out proposed definition and insert new definition as follows:

                          ‘"caring responsibilities" of a person means responsibilities for providing care for another, whether or not that person is a dependant, other than in the course of paid employment;;’.

                 The Attorney-General moved on page 4, line 20, after “parent,” to insert “step-parent,”.

                 The Hon. N. Xenophon moved to amend the amendment moved by the Hon. C. A. Pickles by inserting “ongoing” after “providing”.

                 The Hon. S. M. Kanck moved on page 4, lines 19 to 22, to leave out proposed definition and insert new definition as follows:

                          ‘"caring responsibilities" of a person means responsibilities for providing ongoing care for another who is a member of the person's family or household;;’.

                 Question - That all words in line 19 down to and including “parent,” in line 20, stand as printed - put and negatived.

                 Question - That the remaining words in lines 20 to 22, stand as printed - put and negatived.

                 Question - That the amendment moved by the Hon. N. Xenophon to the words proposed to be inserted by the Hon. C. A. Pickles, be agreed to - put.

 

 

 

           Committee divided:

Ayes, 7

The Hon. M. J. Elliott

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. C. A. Pickles

The Hon. R. R. Roberts

The Hon. R. K. Sneath

The Hon. N. Xenophon (Teller)

 

      So it passed in the negative.

 

Noes, 8

The Hon. T. G. Cameron

The Hon. T. Crothers

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. D. V. Laidlaw

The Hon. A. J. Redford

The Hon. C. V. Schaefer

The Hon. K. T. Griffin (Teller)

 

 

 

                 Question - That the words proposed to be inserted by the Hon. C. A. Pickles, be so inserted - put and negatived.

                 Question - That the words proposed to be inserted by the Hon. S. M. Kanck, be so inserted - put.

 

 

 

           Committee divided:

Ayes, 10

The Hon. T. G. Cameron

The Hon. T. Crothers

The Hon. M. J. Elliott

The Hon. I. Gilfillan

The Hon. C. A. Pickles

The Hon. R. R. Roberts

The Hon. T. G. Roberts

The Hon. R. K. Sneath

The Hon. N. Xenophon

The Hon. S. M. Kanck (Teller)

      So it was resolved in the affirmative.

 

Noes, 7

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. A. J. Redford

The Hon. C. V. Schaefer

The Hon. K. T. Griffin (Teller)

 

 

 

 

                 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.

 

 

 

   8.

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

                 Debate resumed.

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

 

Statutes
Amendment
(Road Safety
Initiatives) Bill.

 

   9.

At one minute 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.

 

 

  10.

The following Paper was laid upon the Table, viz.:

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

                 Committee Appointed to Examine and Report on Abortions Notified in South Australia - Report, 2000.

 

Paper.

 

11.

The Hon. C. A. Pickles, by leave, tabled a copy of a letter from Mr. I. H. Venning, M.P., Member for Schubert, to Ms. Maxine Carter, Secretary, Kapunda and Light Tourism Inc., dated 23 February 2001.

 

Paper Tabled.

 

12.

The Treasurer, pursuant to leave granted on Wednesday, 26 September 2001, introduced a Bill for an Act to amend the Unclaimed Superannuation Benefits Act 1997.

                 Bill read a first time.

                 The Treasurer 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.

 

Unclaimed
Superannuation
Benefits
(Miscellaneous)
Amendment Bill.

 

13.

The Minister for Transport and Urban Planning (The Hon. D. V. Laidlaw), by leave, tabled a copy of a Ministerial Statement made by the Minister for Aboriginal Affairs (The Hon. D. C. Kotz, M.P.) concerning Allegations made by the Hon. S. M. Kanck concerning the Application of the Aboriginal Heritage Act 1988 in relation to the Extension of the Airstrip at the Port Augusta Aerodrome in 1998.

 

Paper Tabled.

 

  14.

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

 

In the Committee

 

                          Clause No. 4 further considered.

                 The Hon. C. A. Pickles moved on page 5, after line 2, to insert new paragraph as follows:

                          (da)    by inserting after paragraph (f) of the definition of "marital status" in subsection (1) the following paragraph:

                                                   (g)     cohabiting with a putative spouse of the same sex;;’.

                  Question - That the amendment be agreed to - put.

Equal Opportunity
(Miscellaneous)
Amendment Bill.

 

 

           Committee divided:

Ayes, 10

The Hon. T. G. Cameron

The Hon. M. J. Elliott

The Hon. I. Gilfillan

The Hon. P. Holloway

The Hon. S. M. Kanck

The Hon. R. R. Roberts

The Hon. T. G. Roberts

The Hon. R. K. Sneath

The Hon. C. Zollo

The Hon. C. A. Pickles (Teller)

 

      So it passed in the negative.

 

Noes, 11

The Hon. T. Crothers

The Hon. L. H. Davis

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. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. N. Xenophon

The Hon. K. T. Griffin (Teller)

 

 

 

 

                 The Hon. S. M. Kanck moved on page 5, line 5, to leave out proposed definition and insert new definition as follows:

                          ‘"mental illness" means a disorder, malfunction, illness or disease that affects a person's thought processes, learning ability, perception of reality, emotions or judgment or that results in disturbed behaviour;;’.

                 The Hon. C. A. Pickles moved on page 5, line 5, to leave out proposed definition and insert new definition as follows:

                          ‘"mental illness" means a disorder, illness or disease that affects a person's thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour;;’.

                 Question - That all words in line 5 stand as printed - put.

 

 

 

           Committee divided:

Ayes, 12

The Hon. T. G. Cameron

The Hon. T. Crothers

The Hon. L. H. Davis

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. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. N. Xenophon

The Hon. K. T. Griffin (Teller)

      So it was resolved in the affirmative.

 

Noes, 9

The Hon. M. J. Elliott

The Hon. I. Gilfillan

The Hon. P. Holloway

The Hon. S. M. Kanck

The Hon. R. R. Roberts

The Hon. T. G. Roberts

The Hon. R. K. Sneath

The Hon. C. Zollo

The Hon. C. A. Pickles (Teller)

 

 

 

 

                 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.

 

 

 

15.

Ordered - That Orders of the Day (Government Business) No. 7 to No. 12 be postponed and taken into consideration after Order of the Day (Government Business) No. 13.

 

Postponement
of Business.

 

  16.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of Message No. 104 from the House of Assembly relating to the Graffiti Control Bill.

 

Graffiti Control
Bill.

 

 

In the Committee

 

                          Resolved - That the amendments be agreed to.

_____________________

 

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

 

 

 

17.

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

                 Message No. 105

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Constitution Act 1934 and the Governor’s Pensions Act 1976 to make provision for the salary and pension of future Governors, to which it desires the concurrence of the Legislative Council.

House of Assembly, 27 September 2001.                                                          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:
Statutes
Amendment
(Governor’s
Remuneration) Bill.

 

 

 

Message No. 106

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to vest property of the Free Presbyterian Church; and for other purposes, with the amendment indicated by the annexed Schedule, to which amendment the House of Assembly desires the concurrence of the Legislative Council.

House of Assembly, 27 September 2001.                                                          J.K.G. OSWALD, Speaker.

 

Free Presbyterian
Church
(Vesting of
Property) Bill.

 

 

Schedule of the amendment made by the House of Assembly

Page 5 - After line 9 insert new clause 9 as follows:-

         Exemption from stamp duty

          9.  (1)  Where land vests by virtue of this Act, the vesting of the land and any instrument evidencing or giving effect to the vesting are exempt from stamp duty.

          (2)  No person has an obligation under the Stamp Duties Act 1923 -

(a)    to lodge a statement or return relating to the vesting of land under this Act; or

(b)    to include information about such a vesting in a statement or return.

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

 

 

 

                 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 amendment be agreed to.

_____________________

 

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

 

 

 

 

Message No. 107

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Waterworks Act 1932, to which it desires the concurrence of the Legislative Council.

House of Assembly, 27 September 2001.                                                          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

 

Waterworks
(Commercial
Land Rating)
Amendment Bill.

 

18.

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

 

Postponement
of Business.

 

19.

Council adjourned at six o’clock until Tuesday, 2 October 2001, at fifteen minutes past two o’clock.

 

_________________________

 

 

 

Adjournment.

 

 

Members present during any part of the sitting:

 

 

 

 

The Hon. T. G. Cameron

The Hon. T. Crothers

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. M. J. Elliott

The Hon. I. Gilfillan

The Hon. K. T. Griffin

 

The Hon. P. Holloway

The Hon. S. M. Kanck

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. C. A. Pickles

The Hon. A. J. Redford

The Hon. R. R. Roberts

The Hon. T. G. Roberts

The Hon. C. V. Schaefer

The Hon. R. K. Sneath

The Hon.  J. F. Stefani

The Hon. N. Xenophon

The Hon. C. Zollo