[SOUTH AUSTRALIA]

No. 18

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

THURSDAY 28 NOVEMBER 1996

 

 

 

   1.

Council met pursuant to adjournment.  The President (The Hon. H.P.K. Dunn) took the Chair.

                 The President read prayers.

 

Meeting of

Council.

   2.

The Minister for Transport (The Hon. D. V. Laidlaw), by leave, without notice, moved - That the sitting of the Council be not suspended during the continuation of the Conference on the Local Government (City of Adelaide) Bill.

                 Question put and passed.

 

Local

Government

(City of Adelaide)

Bill.

   3.

The Minister for Education and Children’s Services, 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 vary the terms of the trust of the RSL Memorial Hall; and to repeal the Services Memorial Hall Act 1939.

                 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. C. A. Pickles, the debate was adjourned until next day of sitting.

 

RSL Memorial

Hall Trust Bill.

   5.

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

 

Postponement

of Business.

   6.

Ordered - That Order of the Day (Government Business) No. 4 be an Order of the Day for next day of sitting.

 

Postponement

of Business.

    7.

On the Order of the Day being read for the adjourned debate on the question - That the Criminal Assets Confiscation Bill be now read a second time:

                 Debate resumed.

                 Question put and passed.

                 Ordered - That the Committee stages be postponed and taken into considered on motion.

 

Criminal

Assets

Confiscation Bill.

   8.

Ordered - That Orders of the Day (Government Business) No. 6 to No. 21 be postponed and taken into consideration after Order of the Day (Government Business) No. 22.

 

Postponement

of Business.

.

On the Order of the Day being read for the adjourned debate on the question - That the Retail Shop Leases Amendment Bill be now read a second time:

                 Debate resumed.

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

 

Retail Shop

Leases

Amendment Bill.

10.

Ordered - That Orders of the Day (Government Business) No. 6 to No. 14 be postponed and taken into consideration after Order of the Day (Government Business) No. 15.

 

Postponement

of Business.

11.

On the Order of the Day being read for the adjourned debate on the question - That the South Australian Tourism, Recreation and Sport Commission Bill be now read a second time:

                 Debate resumed.

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

 

South Australian

Tourism,

Recreation

and Sport Commission Bill.

 

12.

Ordered - That Order of the Day (Government Business) No. 6 be an Order of the Day for next day of sitting.

 

Postponement

of Business.

13.

The Attorney-General (The Hon. K. T. Griffin), according to order, moved - That the Industrial and Employee Relations Bill be now read a second time.

                 On motion of the Hon. T. Crothers, the debate was adjourned and ordered to be resumed on motion.

 

Industrial and Employee

Relations Bill.

14.

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

                 Debate resumed.

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

 

Land Acquisition

(Right of Review)

Amendment Bill.

15.

At twenty-five minutes to 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.

16.

The Clerk announced that the following Petitions had been lodged for presentation:

                 By the Hon. B.S.L. Pfitzner from 54 residents of South Australia concerning ill-informed sentiments expressed by a Federal Member of Parliament.  The Petitioners pray that this Honourable House will strongly urge the Prime Minister of Australia to take note of the matters raised herein and give a firm commitment that the Australian Government will uphold the principles of multiculturalism and denounce racial discrimination which could divide the Australian community.

Petition No. 4 -

Ill-informed

Statements by

Federal M.P.

 

 

                 By the Minister for Education and Children’s Services from 39 residents of South Australia concerning homosexual/bisexual lifestyle.  The Petitioners pray that this Honourable House will instruct the SA Department of Education to prevent pro‑homosexual groups such as PFLAG from disseminating in SA schools false information which may encourage students to experiment with this dangerous lifestyle.

Petition No. 5 -

Homosexual-

Bisexual

Lifestyle.

 

 

                 By the Hon. T. G. Cameron from 405 residents of South Australia concerning traffic congestion at the intersection of Diagonal Road and Morphett Road.  The Petitioners pray that this Honourable House will re-order transport planning priorities to bring forward plans to build a railway crossover at the intersection of Diagonal Road and Morphett Road.

Petition No. 6 -

Traffic

Congestion at

the Intersection of

Diagonal Road and

Morphett Road.

 

                 By the Hon. T. G. Cameron from 377 residents of South Australia concerning Warradale Railway Station.  The Petitioners pray that this Honourable House will give a high priority to providing an alternative means of crossing the railway lines at Warradale Railway Station.

 

Petition No. 7 -

Warradale

Railway Station.

17.

The Minister for Education and Children’s Services tabled a copy of Ministerial Statement made by the Premier (The Hon. J. W. Olsen, M.P.) concerning Portfolio Arrangements.

 

Paper Tabled.

  18.

Ordered - That the adjourned debate on the question - That the Industrial and Employee Relations Bill be now read a second time - be now resumed.

                 Debate resumed.

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

                

Industrial

and Employee

Relations

Bill.

19.

The Attorney-General, according to order, brought up the Report of the Waite Trust (Miscellaneous Variations) Bill, together with Minutes of Proceedings and Evidence.

                 Ordered - That the Report be printed.  (Paper No. 192)

                 The Attorney-General moved - That the Waite Trust (Miscellaneous Variations) Bill be not reprinted as amended by the Select Committee and that the Bill be recommitted to a Committee of the Whole Council on Tuesday next.

                 Question put and passed.

 

Suspension of Standing 

Orders.

20.

Ordered - That Orders of the Day (Government Business) No. 8 and No. 9 be postponed and taken into consideration after Order of the Day (Government Business) No. 10.

 

Postponement

of Business.

21.

On the Order of the Day being read for the adjourned debate on the question - That the Police (Contract Appointments) 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.

                          Clause No. 4 amended and agreed to.

                          Clauses No. 5 and No. 6 agreed to.

                          Title agreed to.

_____________________

 

                 The President resumed the Chair, and reported that the Committee had considered the Bill and had agreed to the same with amendments; whereupon the Council adopted such report.

                 The Minister for Education and Children’s 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.

 

Police

(Contract Appointments) Amendment

Bill.

  22.

Ordered - That the adjourned debate on the question - That the Fisheries (Protection of Fish Farms) Amendment Bill be now read a second time - be now resumed.

                 Debate resumed.

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

 

Fisheries

(Protection

of Fish Farms) Amendment Bill.

23.

The Minister for Transport reported as follows: - The Managers have been to the Conference on the Local Government (City of Adelaide) Amendment Bill which was managed on behalf of the House of Assembly by the Minister for Housing, Urban Development and Local Government Relations (The Hon. E. S. Ashenden), Ms.  Hurley and Messrs. Condous, Scalzi and Quirke and they there received from the Managers on behalf of the House of Assembly the Bill and the following Resolution adopted by that House:-

                 That the disagreement to the amendments of the Legislative Council be insisted on.

        And thereupon the Managers for the two Houses conferred together but no agreement was reached.

Local

Government

(City of Adelaide) Amendment Bill.

 

                 The President stated that as no recommendation from the Conference had been made, the Council, pursuant to Standing Order No. 338, must either resolve not to insist on its requirements or lay the Bill aside.

                 The Minister for Education moved - That the Council do not further insist on its amendments.

                 Debate ensued.

                 Question put and negatived.

 

President’s

Statement.

24.

Ordered - That the adjourned debate on the question - That the Industrial and Employee Relations Bill be now read a second time - be now resumed.

                 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.

                          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 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.

 

Industrial

and Employee

Relations Bill.

25.

Ordered - That Order of the Day (Government Business) No. 8 be an Order of the Day for next day of sitting.

 

Postponement

of Business.

26.

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

                 Debate resumed.

                 Question put and passed.

                 The President made the following statement:

Roxby Downs (Indenture Ratification) (Amendment

of Indenture) Amendment

Bill.

 

“As this was a Hybrid Bill, in accordance with Standing Order No. 268 it should be referred to a Select Committee.  However, the House of Assembly suspended Standing Orders in order that the Bill could be proceeded with as a Public Bill.  Therefore, I suggest a similar procedure in this House in order to expedite the passage of this legislation.”

Presidents

Statement -

Hybrid Bill.

 

 

                 The Minister for Education and Children’s Services moved - That the Standing Orders be so far suspended as to enable the Bill to be proceeded with as a Public Bill.

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

                 Ordered - That the Committee stages be postponed and taken into consideration on motion.

 

Suspension

of Standing

Orders.

27.

The Minister for Education and Children’s Services, without notice, moved - That the Standing Orders be so far suspended as to enable the sitting of the Council to be extended beyond 6.30 p.m.

                 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.

28.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Roxby Downs (Indenture Ratification) (Amendment of Indenture) Amendment Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 3 agreed to.

                 The Hon. S. M. Kanck moved on page 2, after line 32, to insert new clause as follows:

                          “Insertion of Parts 4 and 5

        3A.  The following parts are inserted in the principal Act after section 12:

PART 4

URANIUM ENRICHMENT AND

REPROCESSING OF NUCLEAR WASTE

                          Prohibition of uranium enrichment plant etc.

        13.  No plant for the enrichment of uranium or the reprocessing of nuclear waste is to be established in the Stuart Shelf Area.

PART 5

PROTECTION OF ARTESIAN WATER SUPPLIES

                          Protection of artesian water

        14.  Nothing in this Act or the Indenture prevents the imposition of rates or charges to discourage excessive depletion of artesian water supplies.”

 

Roxby Downs (Indenture Ratification) (Amendment

of Indenture) Amendment Bill.

 

 

                 Question - That new clause No. 3A, as proposed to be inserted by the Hon. S. M. Kanck, be so inserted - put.

           Committee divided:

 

 

Ayes, 2.

The Hon. M. J. Elliott

The Hon. S. K. Kanck (Teller)

 

Noes, 12

The Hon. T. Crothers

The Hon. K. T. Griffin

The Hon. P. Holloway

The Hon. R. D. Lawson

The Hon. J.A.W. Levy

The Hon. P. Nocella

The Hon. B.S.L. Pfitzner

The Hon. C. A. Pickles

The Hon. A. J. Redford

The Hon. R. R. Roberts

The Hon. G. Weatherill

The Hon. R. I. Lucas (Teller)

 

 

        So it passed in the negative.

                          Clause No. 4 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 Minister for Education and Children’s 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.

 

 

  29.

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

Message No. 36

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Parliamentary Remuneration Act 1990, to which it desires the concurrence of the Legislative Council.

House of Assembly, 28 November 1996.                                                                G. M. GUNN, Speaker.

                 Bill read a first time.

                 The Minister for Transport 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.

 

Messages from House of Assembly:

Parliamentary Remuneration (Supplementary Allowances

and Benefits) Amendment Bill.

 

 

Message No. 37

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Pulp and Paper Mill (Hundreds of Mayurra and Hindmarsh) Act 1964, to which it desires the concurrence of the Legislative Council.

House of Assembly, 28 November 1996.                                                                G. M. GUNN, Speaker.

                 Bill read a first time.

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

 

Pulp and Paper

Mill (Hundreds

of Mayurra and Hindmarsh)

(Council Rates) Amendment Bill.

30.

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

 

Postponement

of Business.

31.

Council adjourned at six minutes to seven o’clock until Tuesday next at eleven o’clock.

 

Adjournment.

 

_________________________

 

 

 

 

 

Members present during any part of the sitting:

 

 

 

The Hon. T. Crothers

The Hon. L. H. Davis

The Hon. M. J. Elliott

The Hon. K. T. Griffin

The Hon. P. Holloway

The Hon. J. C. Irwin

The Hon. S. M. Kanck

 

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. J.A.W. Levy

The Hon. R. I. Lucas

The Hon. P. Nocella

The Hon. B.S.L. Pfitzner

The Hon. C. A. Pickles

 

The Hon. A. J. Redford

The Hon. R. R. Roberts

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. G. Weatherill

 

 

 

Member absent on leave - The Hon. T. G. Roberts