[SOUTH AUSTRALIA]

No. 45

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  28  JULY  1999

 

 

 

   1.

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

                 The President read prayers.

 

Meeting of

Council.

 

   2.

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

                 Question put and passed.

 

Listening Devices (Miscellaneous) Amendment Bill.

 

   3.

The Hon. A. J. Redford brought up the Seventeenth Report, 1998-99 of the Legislative Review Committee.

 

Legislative Review Committee -

Seventeenth

Report, 1998-99.

 

   4.

The Hon. J.S.L. Dawkins brought up the Annual Report, 1997-98 of the Environment, Resources and Development Committee.

 

Environment, Resources and Development Committee -

Annual Report,

1997-98.

 

   5.

The Treasurer (The Hon. R. I. Lucas) tabled a copy of a Ministerial Statement made by the Minister for Education, Children’s Services and Training (The Hon. M. R. Buckby, M.P.) on Local School Management.

 

Paper  Tabled.

   6.

In accordance with Sessional Standing Order, the President called on Members to make Statements on Matters of Interest.

 

Statements on

Matters of

Interest.

 

   7.

The Hon. A. J. Redford, pursuant to notice, moved - That the Regulations under the Passenger Transport Act 1994 concerning Penalties - General, made on 11 March 1999 and laid on the Table of this Council on 23 March 1999, be disallowed.

                 Motion, by leave, withdrawn.

 

Passenger

Transport Act - Regulations - Penalties - General  - Motion for disallowance of.

 

   8.

The Hon. A. J. Redford, pursuant to notice, moved - That the Regulations under the Education Act 1972 concerning Materials and Service Charges, made on 25 March 1999 and laid on the Table of this Council on 25 March 1999, be disallowed.

                 Motion, by leave, withdrawn.

 

Education Act - Regulations - Materials and Service Charges -Motion for disallowance of.

   9.

Ordered - That Notices of Motion (Private Business) No. 3 and No. 4 be Orders of the Day for Wednesday next.

 

Postponement

of Business.

 

10.

The Hon. P. Holloway, pursuant to notice, moved - That the General Regulations under the Police Act 1998, made on 30 June 1999 and laid on the Table of this Council on 6 July 1999, be disallowed.

                 And the Hon. P. Holloway, having obtained leave to conclude his remarks, the debate was adjourned until Wednesday next.

 

Police Act -

General

Regulations -

Motion for disallowance of.

11.

The Hon. T. G. Cameron, pursuant to notice, moved - That the Regulations under the Passenger Transport Act 1994 concerning Vehicle Accreditation, made on 17 June 1999 and laid on the Table of this Council on 6 July 1999, be disallowed.

                 On motion of the Hon. C. A. Pickles, the debate was adjourned until Wednesday next.

 

Passenger

Transport Act - Regulations -

Vehicle Accreditation  - Motion for disallowance of.

 

12.

The Hon. I. Gilfillan, pursuant to notice, moved - That the General Regulations under the Police Act 1998, made on 30 June 1999 and laid on the Table of this Council on 6 July 1999, be disallowed.

                 Debate ensued.

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

 

Police Act -

General

Regulations -

Motion for disallowance of.

 

13.

The Hon. R. R. Roberts, pursuant to notice, moved - That this Council condemns the actions of the Liberal Cabinet for its contrivances in knowingly preventing South Australians with disabilities from accessing proper compensation for work related injuries in contravention of the Disabilities Discrimination Act 1992, in respect to permanent mental disability, and in particular, the Attorney-General (The Hon. K. T. Griffin, M.L.C.), the Minister for Government Enterprises (The Hon. M. Armitage, M.P.) and the Minister for Human Services (The Hon. D. C. Brown, M.P.).

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

 

Access for South Australians with disabilities to Compensation for Work Related

Injuries -

Motion re.

14.

The Hon. T. G. Roberts, pursuant to notice, moved - That this Council -

          I.      Notes with concern the allegations concerning processing, loading and transporting tuna at Port Lincoln by Foreign Nationals which may breach Federal and State legislation with respect to immigration, quarantine, customs, occupational health and safety and other Acts.

       II.      Calls upon the Federal Government to urgently set up a commission of inquiry to investigate this matter and set in place procedures to ensure that this is never repeated.

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

 

Processing,

Loading and Transporting

Tuna at

Port Lincoln by Foreign Nationals  -Motion re.

15.

Ordered - That Order of the Day (Private Business) No. 1 be an Order of the Day for Wednesday next.

 

Postponement

of Business.

 

16.

Ordered - That Order of the Day (Private Business) No. 2 be discharged.

 

Business

Discharged.

 

17.

The Hon. C. A. Pickles, according to order, moved - That the Regulations under the Education Act 1972 concerning Materials and Service Charges, made on 25 March 1999 and laid on the Table of this Council on 25 March 1999, be disallowed.

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

 

Education Act - Regulations - Materials and Service Charges -Motion for disallowance of.

 

18.

At two minutes to six o’clock the sitting was suspended until the ringing of the bells.

                 At fifteen minutes past eight o’clock the sitting was resumed.

 

Suspension and

Resumption of

Sitting.

 

19.

The Hon. C. A. Pickles, according to order, moved - That the Regulations under the Controlled Substances Act 1984 concerning Expiation of Offences, made on 3 June 1999 and laid on the Table of this Council on 6 July 1999, be disallowed.

                 Debate ensued.

                 On motion of the Hon. C. V. Schaefer, the debate was adjourned until Wednesday next.

 

Controlled Substances Act -

Regulations -

Expiation of Offences -

Motion for disallowance of.

 

20.

The Hon. M. J. Elliott, according to order, moved - That this Council calls on the Environment, Resources and Development Committee to examine and report on the interaction of native animals with agricultural activities and, in particular, current proposals and/or approvals to shoot native bird species.

                 On motion of the Hon. P. Holloway, the debate was adjourned until Wednesday next.

Environment, Resources and Development Committee to examine the Interaction of Native Animals and Agricultural Activities -

Motion re.

 

21.

Ordered - separately - That Orders of the Day (Private Business) No. 6 to No. 9 be Orders of the Day for Wednesday next.

 

Postponement

of Business.

22.

On the Order of the Day being read for the adjourned debate on the motion of the Hon.
P. Holloway - That the Legislative Council calls on the Minister for Government Enterprises to guarantee continued safe public access to commercial jetties for recreational purposes, including fishing:

                 Debate resumed.

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

 

Public Access to Commercial

Jetties -

Motion re.

  23.

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

        I.       The Legislative Council notes the considerable hardship suffered by farmers in the north- east of this State due to exceptional circumstances, including drought and insect plague, and the refusal by the Federal Government to grant assistance to these farmers while it has assisted farmers suffering similar hardship in the adjoining area of New South Wales.

       II.       This Legislative Council therefore calls on the State Government to more actively lobby its Federal colleagues to support the application by farmers in the north east of our State for financial assistance.

                 Debate resumed.

The Hon. C. V. Schaefer moved to amend the motion by leaving out paragraph II and inserting new paragraph as follows:

     “II.       This Legislative Council supports the State Government in its current efforts working with the local community to support the north-east farmers in their applications for exceptional circumstances.”

                 Question - That paragraph II stand part of the motion - put and negatived.

Question - That new paragraph II, as proposed to be inserted by the Hon. C. V. Schaefer, be so inserted - put and passed.

                 Question - That the motion moved by the Hon. P. Holloway, and as amended by the Hon. C. V. Schaefer, be agreed to - put and passed.

 

Financial Assistance to Farmers in the North East of the State -

Motion re.

24.

Ordered - That Order of the Day (Private Business) No. 12 be discharged.

 

Business

Discharged.

 

25.

Ordered - That Order of the Day (Private Business) No. 13 be an Order of the Day for Wednesday next.

 

Postponement

of Business.

26.

Ordered - That Order of the Day (Private Business) No. 14 be postponed and taken into consideration on motion.

 

Postponement

of Business.

27.

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 Fish Stocks of Inland Waters be noted:

                 Debate resumed.

                 Question put and passed.

 

Environment, Resources and Development Committee -

Report on Fish Stocks of Inland Waters to be noted - Motion re.

28.

Ordered - That Order of the Day (Private Business) No. 16 be an Order of the Day for Wednesday next.

 

Postponement

of Business.

29.

On the Order of the Day being read for the adjourned debate on the question - That the Road Traffic (Notification of Use of Photographic Detection Devices) Amendment Bill be now read a second time:

                 Debate resumed.

                 The Minister for Transport and Urban Planning moved to amend the question by leaving out all words after “That” and inserting “the Bill be withdrawn and referred to the Joint Committee on Transport Safety for its report and recommendations.”.

                 Debate continued.

                 Question - That the words proposed to be struck out stand part of the question - put and negatived.

                 Question - That the words proposed to be inserted, be so inserted - put and passed.

                 Bill withdrawn.

 

Road Traffic

(Notification of

Use of Photographic

Detection Devices)

Amendment Bill.

30.

The Hon. A. J. Redford, according to order, moved - That the Rules under the Racing Act 1976 - Harness Racing Authority, concerning Alcohol and Drug Testing, made on 30 July 1998 and laid on the Table of this Council on 17 November 1998, be disallowed.

                 Ordered - That the Order of the Day be discharged.

 

Racing Act - Rules - Harness Racing Authority - Alcohol and Drug Testing -

Motion for disallowance of.

Business Discharged.

 

31.

On the Order of the Day being read for the adjourned debate on the motion of the Hon.
A. J. Redford - That the Principal Regulations under the Technical and Further Education Act 1975, made on 10 September 1998 and laid on the Table of this Council on 27 October 1998, be disallowed.

                 Debate resumed.

                 Ordered - That the Order of the Day be discharged.

 

Technical and Further Education Act - Principal Regulations -

Motion for disallowance of.

Business

Discharged.

 

32.

The Hon. A. J. Redford, pursuant to notice, moved - That the Report of the Legislative Review Committee concerning Unproclaimed Legislation be noted.

                 Debate resumed.

                 Question put and passed.

 

Legislative Review Committee Report on Unproclaimed Legislation to be noted -

Motion re.

 

33.

Ordered - separately - That Orders of the Day (Private Business) No. 20 to No. 26 be Orders of the Day for Wednesday next.

 

Postponement

of Business.

34.

On the Order of the Day being read for the adjourned debate on the question - That the Parliament (Joint Services) (Administrative Arrangements) Amendment Bill be now read a second time:

                 Debate resumed.

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

 

Parliament

(Joint Services) (Administrative Arrangements) Amendment Bill.

35.

Ordered - That Order of the Day (Private Business) No. 28 be an Order of the Day for Wednesday next.

 

Postponement

of Business.

36.

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.

                 On motion of the Hon. C. V. Schaefer, the debate was adjourned until Wednesday next.

 

Gambling

Industry

Regulation Bill.

37.

Ordered - That Order of the Day (Private Business) No. 30 be an Order of the Day for Wednesday next.

 

Postponement

of Business.

38.

On the Order of the Day being read for the adjourned debate on the question - That the Tobacco Products Regulation (Sale of Products Designed for Smoking) 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 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.

 

Tobacco Products Regulation (Sale of Products Designed for Smoking) Amendment Bill.

39.

Ordered - That Order of the Day (Private Business) No. 32 be an Order of the Day for Wednesday next.

 

Postponement

of Business.

40.

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

                 Debate resumed.

                 The Hon. P. Holloway moved - That the debate be further adjourned.

                 Question put and negatived.

                 Debate resumed.

_____________________

 

And it being twelve of the clock:

WEDNESDAY 28 JULY 1999

_____________________

 

                 Question put.

            Council divided:

Constitution (Citizenship) Amendment

Bill.

 

Ayes, 10.

The Hon. T. G. Cameron

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. K. T. Griffin

The Hon. S. M. Kanck

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. C. V. Schaefer

The Hon. A. J. Redford (Teller)

  Noes, 9.

The Hon. M. J. Elliott

The Hon. I. Gilfillan

The Hon. P. Holloway

The Hon. C. A. Pickles

The Hon. R. R. Roberts

The Hon. T. G. Roberts

The Hon. G. Weatherill

The Hon. N. Xenophon

The Hon. C. Zollo (Teller)

 

 

 

        So it was resolved in the affirmative.

                 Bill read a second time.

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

 

 

41.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 16 be postponed and taken into consideration after Order of the Day (Government Business) No. 17.

 

Postponement

of Business.

 

42.

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

                 Debate resumed.

                 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. 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 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.

 

Superannuation (Voluntary Superannuation Packages) Amendment Bill.

 

43.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 16 be postponed and taken into consideration after Order of the Day (Government Business) No. 18.

 

Postponement

of Business.

 

44.

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

                 Debate resumed.

                 Question put and passed.

                 Bill read a second time.

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

 

In the Committee

 

                          Clauses No. 1 to No. 3 agreed to.

                          Title agreed to.

_____________________

 

                 The President resumed the Chair, and reported that the Committee had considered the Bill and had agreed to the same without amendment; whereupon the Council adopted such report.

                 The Treasurer, pursuant to contingent notice, moved - That the Standing Orders be so far suspended as to enable the Bill to pass through its remaining stages without delay.

                 Question put and passed.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

Police Superannuation (Increments in Salary)

Amendment Bill.

 

45.

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

 

Postponement

of Business.

 

46.

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

                 Debate resumed.

                 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.

                          Clause No. 5 amended and agreed to.

                          Clauses No. 6 to No. 11

                          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 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.

 

Geographical Names (Assignment of

Names)

Amendment Bill.

 

47.

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

Message No. 79

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to request the amendment of the Australia Acts 1986 in connection with the proposed constitutional arrangements to establish the Commonwealth of Australia as a republic, 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 July 1999.                                                                  J.K.G. OSWALD, Speaker.

 

Messages from House of

Assembly:

Australia Acts (Requests) Bill.

 

 

Schedule of the amendment made by the House of Assembly.

Preamble, page 1, line 11 - Leave out “proposes to introduce” and insert “has introduced”.

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

                 Ordered - That the Message be taken into consideration on next day of sitting.

 

 

 

Message No. 80

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Residential Tenancies Act 1995 and to make related amendments to the Landlord and Tenant Act 1936 and the Retail and Commercial Leases Act 1995, 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 July 1999.                                                                  J.K.G. OSWALD, Speaker.

 

Residential Tenancies (Miscellaneous) Amendment Bill.

 

 

Schedule of the amendment made by the House of Assembly.

New Clause - Page 1, after line 25 - Insert new clause 4A as follows:-

Amendment of s. 90 - Tribunal may terminate tenancy where tenant’s conduct unacceptable

         4A.  Section 90 of the principal Act is amended by striking out subsection (2) and substituting the following subsections:

          (2)  If the Tribunal terminates a tenancy and makes an order for possession under this section -

(a)    the Tribunal must specify the day as from which the order will operate, being not more than 28 days after the day on which the orders are made; and

(b)    the Tribunal may order that the landlord must not enter into a residential tenancy agreement with the tenant in relation to the same premises for a period determined by the Tribunal (being a period not exceeding three months) (and any agreement entered into in contravention of such an order is void);

          (2a)  However -

(a)    the Tribunal must not make an order under this section unless the landlord has been given a reasonable opportunity to be heard in relation to the matter; and

(b)    if the landlord objects to the making of an order under this section, the Tribunal must not make an order unless the Tribunal is satisfied that exceptional circumstances exist justifying the making of the order in any event.

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

                 Ordered - That the Message be taken into consideration on next day of sitting.

 

 

48.

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

 

Postponement

of Business.

49.

Ordered - That the Council, at its rising, do adjourn until today at eleven o’clock a.m.

 

Next Day

of Sitting.

 

50.

Council adjourned at twenty-two minutes past twelve o’clock midnight until today at eleven o’clock a.m.

 

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