SOUTH AUSTRALIA]

No. 16

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY  28  NOVEMBER  2000

 

 

 

   1.

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

                 The President read prayers.

 

Meeting of
Council.

   2.

Answers to Questions on Notice Nos. 6, 31, 34, 35, 37, 39 and 51 received this day were tabled by the President who directed that they be distributed and printed in Hansard.

 

Answers to
Questions on
Notice.

    3.

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

        By the President -

                 Report of the Ombudsman and Supplement, 1999-2000.

                 Supplementary Reports of the Auditor-General, 1999-2000 -

                          Agency Audit.

                          Electricity Businesses Disposal Process in South Australia: Engagement of Advisers: Some Audit Observations.

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

                 Office for the Commissioner for Public Employment - South Australian Public Sector Workforce Information - Report, June 2000.

                 Regulation under the following Act -

                          Electricity Act 1996 - Planning Council Functions.

                 Government of South Australia Budget Results, 1999-2000.

        By the Minister for Industry and Trade (The Hon. R. I. Lucas) -

                 Flinders Power Pty. Ltd. - Report, 1999-2000.

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

                 Reports, 1999-2000 -

                          Department for Administrative and Information Services.

                          Listening Devices, 1972.

                 Regulations under the following Acts -

                          Forestry Act 1950 - Forestry Corp Transfer.

                          Legal Practitioners Act 1981 - Practising Certificate Fee.

                          Summary Offences Act 1953 - Offensive Weapons.

                          Workers Rehabilitation and Compensation Act 1986 - New Tax Form.

        By the Minister for Justice (The Hon. K. T. Griffin) -

                 Police Complaints Authority and the Commissioner of Police - Agreement.

        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, 1999.

 

Papers.

 

                 Regulations under the following Acts -

                          Environment Protection Act 1993 - Burning Policy.

                          Guardianship and Administration Act 1993 - GST.

                          Harbors and Navigation Act 1993 - Miscellaneous.

                          Mental Health Act 1993 - GST.

                 By-laws -

                          Corporation of the City of West Torrens -

                                   No. 1 - Permits and Penalties.

                                   No. 2 - Moveable Signs.

                                   No. 3 - Local Government Land.

                                   No. 4 - Roads.

                                   No. 5 - Dogs.

                          District Council of Loxton Waikerie - Loxton (DC), Waikerie (DC) and Browns Well (DC) Development Plans - General Review and Consolidation Plan Amendment Report.

        By the Minister for the Arts (The Hon. D. V. Laidlaw) -

                 Libraries Board of South Australia - Report, 1999-2000.

        By the Minister for Administrative and Information Services (The Hon. R. D. Lawson) -

                 Reports, 1999-2000 -

                          Privacy Committee of South Australia.

                          State Supply Board.

 

 

   4.

The Hon. J.S.L. Dawkins brought up the Report of the Environment, Resources and Development Committee on Native Fauna and Agriculture.

 

Environment, Resources and Development Committee -
Report on
Native Fauna
and Agriculture.

   5.

The Treasurer tabled a copy of a Ministerial Statement made by the Premier (The Hon. J. W. Olsen, M.P.) concerning the 1999-2000 Budget Results.

 

Paper Tabled.

   6.

The Minister for Transport and Urban Planning, without notice, moved - That the Standing Orders be so far suspended as to enable Question Time to be extended for her to incorporate in Hansard replies to Questions without Notice asked by several Members.

                 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.

   7.

The Minister for Transport and Urban Planning tabled a copy of a Ministerial Statement made by the Minister for Aboriginal Affairs (The Hon. D. C. Kotz, M.P.) concerning Ngarrindjeri Elder, Bertha Gollan.

 

Paper Tabled.

   8.

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

 

Postponement
of Business.

    9.

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

 

In the Committee

 

                          Clause No. 3, which the Hon. I. Gilfillan had moved to amend on page 3, lines 8 and 9, by leaving out these lines - further considered.

                          Question - That the amendment be agreed to - put.

Hairdressers
(Miscellaneous)
Amendment Bill.

 

              Committee divided:

Ayes, 8

The Hon. M. J. Elliott

The Hon. P. Holloway

The Hon. S. M. Kanck

The Hon. C. A. Pickles

The Hon. R. R. Roberts

The Hon. R. K. Sneath

The Hon. C. Zollo

The Hon. I. Gilfillan (Teller)

 

 

      So it passed in the negative.

 

Noes, 10

The Hon. T. G. Cameron

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. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. N. Xenophon

The Hon. K. T. Griffin (Teller)

 

 

 

 

                          Clause No. 3 agreed to.

                          Clause 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 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.

 

 

10.

Ordered - That Orders of the Day (Government Business) No. 3 and No. 4 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

11.

Ordered - That Orders of the Day (Government Business) No. 5 and No. 6 be postponed and taken into consideration on motion.

 

Postponement
of Business.

12.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Retail and Commercial Leases (GST) Amendment Bill.

 

In the Committee

 

                          Clause No. 1 read.

                 The Hon. C. Zollo moved on page 3, line 2, to leave out “(GST)” and insert “(Miscellaneous)”.

                 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.

 

Retail and
Commercial
Leases (GST)
Amendment Bill.

13.

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

 

Postponement
of Business.

14.

Ordered - That Order of the Day (Government Business) No. 9 be postponed and taken into consideration on motion.

 

Postponement
of Business.

15.

Ordered - That Orders of the Day (Government Business) No. 10 to No. 17 be postponed and taken into consideration after Order of the Day (Government Business) No. 18.

 

Postponement
of Business.

16.

On the Order of the Day being read for the adjourned debate on the question - That the Racing (Proprietary Business Licensing) Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. R. K. Sneath, the debate was adjourned and ordered to be resumed on motion.

 

Racing
(Proprietary
Business
Licensing) Bill.

17.

Ordered - That Orders of the Day (Government Business) No. 10 to No. 17 and No. 19 and No. 20 be postponed and taken into consideration after Order of the Day (Government Business) No. 21.

 

Postponement
of Business.

18.

On the Order of the Day being read for the adjourned debate on the question - That the Education (Councils and Charges) 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.

 

Education
(Councils and
Charges)
Amendment Bill.

19.

The Council, according to order, resolved itself into a Committee of the Whole for the reconsideration of the Development (System Improvement Program) Bill in respect of clauses No. 5, No. 9, No. 14, No. 17, No. 19, No. 20, No. 24, No. 26 and No. 32 and in respect of proposed new clauses No. 2A, No. 17A, No. 17B, No. 17C, No. 18A and No. 18B.

 

In the Committee

 

                 The Hon. M. J. Elliott moved on page 3, after line 6, to insert new clause as follows:

                Amendment of s. 3—Objects

                         2A. Section 3 of the principal Act is amended by inserting in paragraph (a) "and to encourage the management of the natural and constructed environment in an ecologically sustainable manner" after "planning and development".’

                 The Minister for Transport and Urban Planning moved on page 3, after line 6, to insert new clause as follows:

                Amendment of s. 3—Objects

                         2A. Section 3 of the principal Act is amended by inserting after subparagraph (ii) of paragraph (c) the following subparagraph:

(iia)   to encourage the management of the natural and constructed environment in an ecologically sustainable manner; and’.

                 Question - That new clause No. 2A, as proposed to be inserted by the Hon. M. J. Elliott, be so inserted - put and negatived.

                 Question - That new clause No. 2A, as proposed to be inserted by the Minister for Transport and Urban Planning, be so inserted - put and passed.

                          New clause No. 2A inserted.

                          Clause No. 5 reconsidered.

                 The Hon. M. J. Elliott moved on page 5, lines 8 to 12, to leave out paragraph (d).

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

                          Clause No. 5, as reconsidered, agreed to.

                          Clause No. 9 reconsidered.

                 The Hon. M. J. Elliott moved on page 11, line 26, after “is amended” to insert the following:

                           “

                          (a)        by inserting after subsection (1) the following subsection:

                                                   (1a) However, a declaration cannot be made under subsection (1) in relation to an amendment—

                                                   (a)     that would change the category of a form of development from Category 3 to Category 2 or Category 1, or from Category 2 to Category 1; or

                                                   (b)     that would otherwise have the effect of increasing the likelihood of development being approved under the Development Plan as amended (when compared to the Development Plan without the amendment).;

                           (b)”.

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

                          Clause No. 9, as reconsidered, agreed to.

                          Clause No. 14 reconsidered.

                 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.

 

Development
(System
Improvement
Program) Bill.

20.

At four minutes past 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 Council, according to order, resolved itself into a Committee of the Whole for the further reconsideration of the Development (System Improvement Program) Bill in respect of clauses No. 5, No. 9, No. 14, No. 17, No. 19, No. 20, No. 24, No. 26 and No. 32 and in respect of proposed new clauses No. 2A, No. 17A, No. 17B, No. 17C, No. 18A and No. 18B.

 

Development
(System
Improvement
Program) Bill.

 

In the Committee

 

                          Clause No. 14 further reconsidered.

                 The Hon. M. J. Elliott moved on page 15, lines 10 to 21, to leave out subsections (6) and (7) and insert the following:

                                                   “(6)  Sections 73, 74 and 90 of the Local Government Act 1999 extend to regional development assessment panels as if—

                                    (a)    a regional development assessment panel were a council; and

                                    (b)    a member of a regional development assessment panel were a member of a council.

                                                   (7)  Non-compliance with section 74 of the Local Government Act 1999 (as applied by subsection (6) of this section) will constitute a ground for removing a member from the relevant regional development assessment panel.”

                 Question - That the amendment be agreed to - put.

 

 

              Committee divided:

Ayes, 4

The Hon. I. Gilfillan
The Hon. S. M. Kanck
The Hon. N. Xenophon
The Hon. M. J. Elliott (Teller)








      So it passed in the negative.

 

Noes, 12

The Hon. L. H. Davis
The Hon. J.S.L. Dawkins
The Hon. K. T. Griffin
The Hon. P. Holloway
The Hon. R. D. Lawson
The Hon. C. A. Pickles
The Hon. T. G. Roberts
The Hon. C. V. Schaefer
The Hon. R. K. Sneath
The Hon. J. F. Stefani
The Hon. C. Zollo
The Hon. D. V. Laidlaw (Teller)

 

 

 

                 The Minister for Transport and Urban Planning moved on page 15, after line 24, to insert the following:

                          ‘(8a)  Any liability that would, but for subsection (8), attach to a member of a regional development assessment panel attaches instead to the councils for the areas in relation to which the regional development assessment panel is constituted.

                           (8aa)  Subject to subsection (8ab), a meeting of a regional development assessment panel must be conducted in a place open to the public.

                          (8ab) A regional development assessment panel may exclude the public from attendance—

                          (a)        during so much of a meeting as is necessary to receive, discuss or consider on a confidential basis any of the following information or matters:

                                        (i)       information that would, if disclosed, confer a commercial advantage on a person with whom a council is conducting (or proposes to conduct) business, or prejudice the commercial position of a council;

                                        (ii)      commercial information of a confidential nature that would, if disclosed—

                                                   (A)     prejudice the commercial position of the person who supplied it; or

                                                   (B)      confer a commercial advantage on a third party; or

                                                   (C)      reveal a trade secret;

 

 

 

                                        (iii)     matters affecting the security of any person or property;

                                        (iv)     matters that must be considered in confidence in order to ensure that the panel does not breach any law, order or direction of a court or tribunal constituted by law, any duty of confidence, or other legal obligation or duty;

                                        (v)      legal advice, or advice from a person who is providing specialist professional advice;

                                        (vi)     information provided by a public official or authority (not being an employee of a council, or a person engaged by a council) with a request or direction by that public official or authority that it be treated as confidential; or

                          (b)        during so much of a meeting that consists of its discussion or determination of any application or other matter that falls to be decided by the panel.

                          (8b)  A regional development assessment panel must ensure that accurate minutes are kept of its proceedings.

                          (8c)  A disclosure under subsection (6)(a) must be recorded in the minutes of the regional development assessment panel.

                          (8d)   Members of the public are entitled to reasonable access—

                          (a)        to agendas for meetings of a regional development assessment panel; and

                          (b)        to the minutes of meetings of a regional development assessment panel.

                          (8e)  However, a regional development assessment panel may, before it releases a copy of any minutes under subsection (8d), exclude from the minutes information about any matter dealt with on a confidential basis by the panel.

                          (8f)  An act of a regional development assessment panel is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a member.’

                 The Hon. M. J. Elliott moved on page 15, after line 24, to insert the following:

                           “(8a) A regional development assessment panel must ensure that accurate minutes are kept of its proceedings.

                                           (8b) Members of the public are entitled to reasonable access—

                                  (a)    to the agendas for meetings of a regional development assessment panel; and

                                  (b)    to the minutes of meetings of a regional development assessment panel.

                                           (8c) Minutes must be available under subsection (8b)(b) within five days after the relevant meeting.”

                 Question - That the words proposed to be inserted by the Minister for Transport and Urban Planning, be so inserted - put and passed.

                          Clause No. 14, as reconsidered, amended and otherwise amended, agreed to.

                          Clause No. 17, as reconsidered, agreed to.

                 The Hon. M. J. Elliott moved on page 18, after line 14, to insert new clauses as follow:

                          Amendment of s. 46B—EIS process—Specific provisions

                                    17A.  Section 46B of the principal Act is amended—

                          (a)    by inserting after subsection (8) the following subsection:

                                                   (8a) The Minister must then ensure that copies of the proponent's response are available for public inspection and purchase (during normal office hours) for at least 20 business days at a place or places determined by the Minister and, by public advertisement, give notice of the availability of the response and invite interested persons to make written submissions to the Minister on the response within the time determined by the Minister for the purposes of this subsection.;

                          (b)    by striking out from subsection (9) "then" and substituting ", after the expiration of the time period that applies under subsection (8a),";

                          (c)    by inserting after subparagraph (iii) of subsection (9)(b) the following subparagraph and word:

                                                 (iv)       any submissions made under subsection (8a); and;

                          (d)   by inserting in subsection (10)(a) "or (8a)" after "subsection (5)".

                          Amendment of s. 46C—PER process—Specific provisions

                                    17B.  Section 46C of the principal Act is amended—

                          (a)    by inserting after subsection (8) the following subsection:

 

 

 

                                                   (8a) The Minister must then ensure that copies of the proponent's response are available for public inspection and purchase (during normal office hours) for at least 20 business days at a place or places determined by the Minister and, by public advertisement, give notice of the availability of the response and invite interested persons to make written submissions to the Minister on the response within the time determined by the Minister for the purposes of this subsection.;

                          (b)    by striking out from subsection (9) "then" and substituting ", after the expiration of the time period that applies under subsection (8a),";

                          (c)    by inserting after subparagraph (iii) of subsection (9)(b) the following subparagraph and word:

                                             (iv)    any submissions made under subsection (8a); and;.

 

 

                          Amendment of s. 46D—DR process—Specific provision

                                    17C. Section 46D of the principal Act is amended—

                          (a)    by inserting after subsection (7) the following subsection:

                                                   (7a) The Minister must then ensure that copies of the proponent's response are available for public inspection and purchase (during normal office hours) for at least 15 business days at a place or places determined by the Minister and, by public advertisement, give notice of the availability of the response and invite interested persons to make written submissions to the Minister on the response within the time determined by the Minister for the purposes of this subsection.;

                          (b)    by striking out from subsection (8) "then" and substituting ", after the expiration of the time period that applies under subsection (7a),";

                          (c)    by inserting after paragraph (b) of subsection (8) the following paragraph and word:

                                                   (ba)   any submissions made under subsection (7a); and.’

                 Question - That new clause No. 17A, as proposed to be inserted by the Hon. M. J. Elliott, be so inserted - put.

 

 

              Committee divided:

Ayes, 5

The Hon. T. G. Cameron
The Hon. I. Gilfillan
The Hon. S. M. Kanck
The Hon. N. Xenophon
The Hon. M. J. Elliott (Teller)

 

 

 

 

 

 

 

      So it passed in the negative.

 

Noes, 13

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. P. Holloway

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. C. A. Pickles

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. C. Zollo

The Hon. D. V. Laidlaw (Teller)

 

 

 

 

                 Question - That new clause No. 17B, as proposed to be inserted by the Hon. M. J. Elliott, be so inserted - put and negatived.

                 Question - That new clause No. 17C, as proposed to be inserted by the Hon. M. J. Elliott, be so inserted - put and negatived.

                          New clause No. 18A inserted.

                          New clause No. 18B inserted.

                          Clause No. 19 reconsidered.

                 The Hon. M. J. Elliott moved on page 18, line 19, to leave out “section is” and insert “sections are” and on page 19, after line 27, to insert the following:

                           Development funds

                                          50B. (1) The Governor may, by regulation, establish a development fund for a part of the area of a council designated by the regulation (a "designated area") for a purpose designated by the regulation (a "designated purpose").

 

 

 

                                          (2) A regulation may only be made under subsection (1) on the application of the relevant council.

                                          (3) A designated area must be defined by reference to an area established by the relevant Development Plan.

                                          (4) A fund will consist of—

                                    (a)    all amounts paid to the credit of the fund under subsection (5); and

                                    (b)    any income paid into the fund under subsection (7).

                                          (5) If—

                                    (a)    a person is proposing to undertake development of a prescribed kind within a designated area; and

                                    (b)    application for provisional development plan consent is made under this Part; and

                                    (c)    the relevant authority considers—

                                             (i)      after taking into account the provisions of the relevant Development Plan, that the development does not adequately provide for certain facilities or infrastructure; or

                                             (ii)     after taking into account the nature of the development, that it will be necessary or desirable to provide certain facilities or infrastructure in connection with the development; and

                                    (d)    the relevant authority and the applicant agree that the applicant will make a contribution to the relevant development fund under this section; and

                                    (e)    the applicant makes a contribution to the development fund of an amount calculated in accordance with a determination of the relevant council,

                 then the development may be approved and proceed despite the circumstances referred to in paragraph (c).

                                          (6) A determination of a council for the purposes of calculating amounts to be paid into a development fund—

                                    (a)    has effect when published in the Gazette; and

                                    (b)    may be varied by the council from time to time by further notice in the Gazette.

                                          (7) Any money in a development fund that is not for the time being required for the purpose of the fund may be invested by the council and any resultant income must be paid into the fund.

                           (8) The money standing to the credit of a development fund may be applied by the council to provide facilities or infrastructure within the designated area for a designated purpose.’

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

                          Clause No. 19, as reconsidered, agreed to.

                          Clause No. 20 reconsidered.

                 The Minister for Transport and Urban Planning moved on page 20, after line 33, to insert the following:

                          “(11a) However, a development assessment panel may, before it releases a copy of any minutes under subsection (11), exclude from the minutes information about any matter dealt with on a confidential basis by the panel.

                          (11b) Minutes must be available under subsection (11)(b) within five days after their adoption by the members of the panel.

                                   (11c) An act of a development assessment panel is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a member.”

                 The Hon. M. J. Elliott moved to amend the amendment moved by the Minister for Transport and Urban Planning by leaving out subclause (11b) and inserting new subclause as follows:

                                                   “(11b)  Minutes must be available under subsection (11)(b) within five days after the relevant meeting.”

                 Question - That the amendment moved by the Hon. M. J. Elliott to the amendment moved by the Minister for Transport and Urban Planning be agreed to - put and negatived.

                 Question - That the amendment moved by the Minister for Transport and Urban Planning be agreed to - put and passed.

                          Clause No. 20, as reconsidered, amended and otherwise amended, agreed to.

                          Clause No. 24 reconsidered.

 

 

 

                 The Hon. M. J. Elliott moved on page 22, line 30, to leave out all words in this line after “amended” and insert the following:

                           “—

                          (a)    by striking out paragraph (b);

                          (b)    by inserting after its present contents (as amended by paragraph (a) and now to be designated as subsection (1)) the following subsection:

                                             (2)  This section expires on 1 January 2006.”

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

                          Clause No. 24, as reconsidered, agreed to.

                          Clause No. 26 reconsidered.

                 The Minister for Transport and Urban Planning moved on page 24, lines 22 to 25, to leave out all words in these lines after “specify” in line 22 and insert the following:

                           “—

                          (a)        a level or levels of audit inspections to be carried out by the council on an annual basis with respect to building work within its area (including building work assessed by private certifiers under Part 12) involving classes of buildings prescribed by the regulations; and

                          (b)        the criteria that are to apply with respect to selecting the buildings that are to be inspected under the policy.

                 Question - That the amendment be agreed to - put.

 

 

              Committee divided:

Ayes, 12

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. S. M. Kanck

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. D. V. Laidlaw (Teller)

      So it was resolved in the affirmative.

 

Noes, 7

The Hon. P. Holloway

The Hon. R. R. Roberts

The Hon. T. G. Roberts

The Hon. R. K. Sneath

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. T. G. Cameron (Teller)

 

 

 

 

                          Clause No. 26, as reconsidered and amended, agreed to.

                          Clause No. 32 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 amendments.

                 Ordered - That the Bill be recommitted in respect of Schedule 1.

                 The President then left the Chair, and the Council resolved itself into a Committee of the Whole for the further reconsideration of the Bill in respect of Schedule 1.

 

In the Committee

 

                          Schedule 1 reconsidered.

                 The Hon. M. J. Elliott moved on page 29, line 34, to leave out “subsections” and insert “subsection” and on page 30, lines 1 to 4, to leave out subsection (4b).

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

                          Schedule 1, as reconsidered and otherwise amended, agreed to.

_____________________

 

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

                 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.

 

 

22.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Native Title (South Australia) (Validation and Confirmation) Amendment Bill.

 

In the Committee

 

                          Clause No. 1 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 next day of sitting.

 

Native Title
(South Australia)
(Validation and
Confirmation)
Amendment Bill.

23.

The following Message from the House of Assembly was received and read:

Message No. 15

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to make provision for the disposal of the business of the South Australian Totalizator Agency Board; to amend and subsequently repeal the Racing Act 1976; to amend the Stamp Duties Act 1923 and the State Lotteries Act 1966; and for other purposes, to which it desires the concurrence of the Legislative Council.

House of Assembly, 28 November 2000.                                                           J.K.G. OSWALD, Speaker.         Bill read a first time.

_____________________

 

And it being twelve of the clock:

WEDNESDAY 29 NOVEMBER 2000

_____________________

 

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

 

Message from
House of
Assembly:
TAB (Disposal) Bill.

  24.

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

 

Postponement
of Business.

25.

Council adjourned at one minute past twelve o’clock midnight until today at fifteen minutes past two o’clock p.m.

 

Adjournment.

 

_________________________

 

 

 

 

Members present during any part of the sitting:

 

 

 

The Hon. T. G. Cameron

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