[SOUTH AUSTRALIA]

No. 8

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  27  OCTOBER  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.

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

        By the Attorney-General (The Hon. K. T. Griffin) -

                 Reports, 1998-99 -

The Code Registrar for the National Third Party Access Code for Natural Gas Pipeline Systems.

                          Dairy Authority of South Australia.

                          Primary Industries and Resources of South Australia.

Technical Regulator - Electricity - Operations of the Electricity Act 1996.

                          Technical Regulator - Gas - Operations of the Gas Act 1997.

                          Soil Conservation Council.

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

                 Development Act - Report on the Administration of, 1998-99.

 

Papers.

   3.

The Hon. A. J. Redford brought up the Fourth Report, 1999-2000 of the Legislative Review Committee, which was read by the Clerk as follows:-

                 The Regulation listed hereunder is at present being considered by the Legislative Review Committee.  Evidence is being taken on this matter and it is necessary for a Notice of Motion for Disallowance to be given in both Houses before the expiration of 14 sitting days to allow the Committee time to complete its deliberations.

                 Honourable Members are warned that after consideration has been given to the Regulation, the Committee may decide to take no further action.

                 Regulation referred to:

                          Freedom of Information Act 1991 – Exempt Agencies.

 

Legislative

Review

Committee -

Fourth Report,

1999-2000.

 

   4.

The Hon. A. J. Redford brought up the Fifth Report, 1999-2000 of the Legislative Review Committee.

 

Legislative

Review

Committee -

Fifth Report,

1999-2000.

 

   5.

Ordered - That Statements on Matters of Interest, Notice of Motion (Private Business), Orders of the Day (Private Business) and Notices of Motion (Government Business) be postponed and taken into consideration after Order of the Day (Government Business) No. 1.

 

Postponement

of Business.

 

   6.

On the Order of the Day being read for the adjourned debate on the question - That the Address-in Reply, as read, be adopted:

                 Debate resumed.

                 Question put and passed.

 

Address-in-Reply.

   7.

The President announced that His Excellency The Governor would be pleased to receive Honourable Members of the Council at four o’clock p.m. for the purpose of presenting the Address-in-Reply.

                 The President and Council then proceeded to Government House to present the Address-in-Reply to His Excellency The Governor.

                 And being returned:

                 The President resumed the Chair and reported that, accompanied by Honourable Members, he had been at Government House and there presented to His Excellency the Governor the Address-in-Reply as adopted by the Council on 27 October 1999 and that His Excellency had been pleased to reply as follows:

                 THE HONOURABLE THE PRESIDENT AND HONOURABLE MEMBERS OF THE LEGISLATIVE COUNCIL:

                 Thank you for the Address-in-Reply to the Speech with which I opened the Third Session of the Forty-Ninth Parliament.

                 I am confident that you will give your best consideration to all matters placed before you.

                 I pray for God’s blessing upon your deliberations.

Government House, Adelaide, 27 October 1999.                                               ERIC NEAL, Governor.

 

Address in Reply:

Presentation.

   8.

The President called on Members to make Statements on Matters of Interest.

 

Statements

on Matters

of Interest.

 

   9.

Ordered - That Notice of Motion (Private Business) No. 1 be an Order of the Day for Wednesday,
10 November 1999.

 

Postponement

of Business.

10.

Ordered - separately - That Orders of the Day (Private Business) No. 1 to No. 3 be Orders of the Day for Wednesday, 10 November 1999.

 

Postponement

of Business.

11.

On the Order of the Day being read for the adjourned debate on the motion of the Hon.
J.S.L. Dawkins - That the Report of the Environment, Resources and Development Committee on Rail Links with the Eastern States, be noted:

                 Debate resumed.

                 On motion of the Minister for Transport and Urban Planning, the debate was adjourned until Wednesday, 10 November 1999.

 

Environment, Resources and Development Committee -

Report on Rail

Links with the

Eastern States -

Motion re.

 

12.

Ordered - separately - That Orders of the Day (Private Business) No. 5 to No. 7 be Orders of the Day for Wednesday, 10 November 1999.

 

Postponement

of Business.

13.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. L. H. Davis - That the Report of the Statutory Authorities Review Committee Inquiry into Boards of Statutory Authorities: Remuneration Levels, Selection Processes, Gender and Ethnic Composition, be noted:

                 Debate resumed.

                 Question put and passed.

 

Statutory

Authorities Review Committee -

Report into Boards of Statutory Authorities: Remuneration Levels,

Selection Processes, Gender and Ethnic Composition

to be noted -

Motion re.

 

14.

Ordered - That Order of the Day (Private Business) No. 9 be an Order of the Day for Wednesday,
10 November 1999.

 

Postponement

of Business.

15.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. P. Holloway -

         I.      That the Legislative Council notes -

                        (a)     the complete failure of Primary Industries and Resources SA to fairly and equitably manage the allocation of rock lobster pot licences; and

                        (b)    the subsequent investigation by the South Australian Ombudsman into alleged anomalies in the allocation process.

        II.      That this Legislative Council therefore calls on the Legislative Review Committee to investigate and report upon all aspects of the process of allocation of rock lobster pot licences:

                 Debate resumed.

                 The Hon. C. Zollo moved to amend the motion be leaving out paragraph II and inserting new paragraph as follows:

        “II.    That this Legislative Council therefore calls on the Legislative Review Committee to investigate and report upon the Fisheries (General) Regulations 1984 and their application to the allocation of rock lobster pot licences.”

                 On motion of the Hon. J. F. Stefani, the debate was adjourned until Wednesday,
10 November 1999.

 

Allocation of

Rock Lobster

Pot Licences -

Motion re.

16.

Ordered - That Order of the Day (Private Business) No. 11 be an Order of the Day for Wednesday, 10 November 1999.

 

Postponement

of Business.

17.

On the Order of the Day being read for the adjourned debate on the question - That the Gambling Industry Regulation Bill be now read a second time:

                 Debate resumed.

                 And the Hon. C. V. Schaefer having obtained leave to conclude her remarks, the debate was adjourned and ordered to be resumed on motion.

 

Gambling Industry Regulation Bill.

18.

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.

 

19.

Ordered - That the adjourned debate on the question - That the Gambling Industry Regulation 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 Wednesday,
10 November 1999.

 

Gambling Industry Regulation Bill.

20.

Ordered - That Order of the Day (Private Business) No. 13 be an Order of the Day for Wednesday, 10 November 1999.

 

Postponement

of Business.

21.

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

         I.      The request by former workers of the Christies Beach Women’s Shelter Incorporated to have a statement incorporated into Hansard in accordance with the Resolution of the Legislative Council passed on 11 March 1999.

        II.      The decision by the President of the Council not to allow the statement to be incorporated and expresses its regret with that decision:

                 Debate resumed.

                 On motion of the Hon. T. G. Cameron, the debate was adjourned until Wednesday,
10 November 1999.

 

Citizen’s Right

of Reply -

Christies Beach

Women’s Shelter -President’s Decision - Motion re.

22.

The Attorney-General, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Legal Practitioners Act 1981.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Attorney-General then moved - That this Bill be now read a second time.

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

 

Legal Practitioners (Miscellaneous) Amendment Bill.

23.

Ordered - That Notice of Motion (Government Business) No. 2 be an Order of the Day for next day of sitting.

 

Postponement

of Business.

24.

The Minister for Transport and Urban Planning, according to order, moved - That the South Australian Health Commission (Director of Hospitals and Health Centres) Amendment Bill be now read a second time.

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

 

South Australian Health Commission (Director of Hospitals and Health Centres) Amendment Bill.

25.

The Minister for Transport and Urban Planning, according to order, moved - That the Transplantation and Anatomy (Consent to Blood Donation) Amendment Bill be now read a second time.

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

 

Transplantation and Anatomy (Consent to Blood Donation) Amendment Bill.

26.

Ordered - That Orders of the Day (Government Business) No. 4 and No. 5 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

27.

The Attorney-General, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Prices Act 1948.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Attorney-General then moved - That this Bill be now read a second time.

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

 

Prices

(Miscellaneous) Amendment Bill.

28.

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

 

Postponement

of Business.

29.

On the Order of the Day being read for the adjourned debate on the question - That the Office for the Ageing (Advisory Board) 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 and No. 2 agreed to.

                          Clause No. 3 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 an amendment; whereupon the Council adopted such report.

                 The Minister for Disability Services, 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.

 

Office for the Ageing (Advisory Board) Amendment Bill.

  30.

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

Message No. 6

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend The Flinders University of South Australia Act 1966, the Ombudsman Act 1972, the University of Adelaide Act 1971 and the University of South Australia Act 1990, to which it desires the concurrence of the Legislative Council.

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

                 Bill read a first time.

                 The Minister for Transport and Urban Planning then moved - That this Bill be now read a second time.

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

 

Messages from

House of Assembly:

Statues Amendment (Universities) Bill.

 

 

Message No. 7

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to provide for the administration and operation of state taxing laws that are applied as Commonwealth laws in relation to Commonwealth places, and for related purposes, to which it desires the concurrence of the Legislative Council.

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

                 Bill read a first time.

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

 

Commonwealth

Places (Mirror Taxes Administration) Bill.

 

31.

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

 

Postponement

of Business.

32.

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

 

Adjournment.

 

_________________________

 

 

 

 

 

Members present during any part of the sitting:

 

 

 

The Hon. T. G. Cameron

The Hon. T. Crothers

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. M. J. Elliott

The Hon. I. Gilfillan

The Hon. K. T. Griffin

 

The Hon. P. Holloway

The Hon. S. M. Kanck

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. C. A. Pickles

The Hon. A. J. Redford

The Hon. R. R. Roberts

The Hon. T. G. Roberts

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. G. Weatherill

The Hon. N. Xenophon

The Hon. C. Zollo