[SOUTH AUSTRALIA]

No. 19

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  29  MARCH  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.

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

 

Legislative

Review

Committee -

Twelfth Report,

1999-2000.

 

   3.

The Hon. J.S.L. Dawkins brought up the Report of the Environment, Resources and Development Committee on Tuna Feedlots at Louth Bay.

Environment, Resources and Development Committee -

Report on Tuna Feedlots at

Louth Bay.

 

   4.

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

 

Statements

on Matters

of Interest.

 

   5.

Ordered - separately - That Notices of Motion (Private Business) No. 1 and No. 3 to No. 5 be Orders of the Day for Wednesday next.

 

Postponement

of Business.

 

   6.

The Hon. I. Gilfillan, pursuant to notice, moved - That this Council recommend to the Government and the House of Assembly the introduction and passage of a Bill to amend the Emergency Services Funding Act 1998 to give effect to the following principles -

            I.      The amount raised by the levy should be limited to $82 million (adjusted to allow for inflation since the beginning of the 1998-1999 financial year);

          II.      The levy should be based on the value of improvements on the subject land and not on the value of that land;

         III.      The categories of land use to be recognised for the purpose of calculating the levy should be defined by regulation to allow for the greater flexibility in determining land use factors;

         IV.      Emergency services areas should also be defined by regulation to allow for greater flexibility in determining the area factors; and

          V.      The current restrictions on judicial review in section 10(9) of the Act should be removed.

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

 

Emergency

Services

Funding  Act -

Motion re.

   7.

The Hon. N. Xenophon, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Constitution Act 1934.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. N. Xenophon then moved - That this Bill be now read a second time.

                 On motion of the Hon. I. Gilfillan, the debate was adjourned until Wednesday next

 

Constitution (Parliamentary Sittings)

Amendment Bill.

   8.

Order of the Day read for the Report of the Select Committee on Outsourcing of State Government Services to be brought up.

                 Ordered - That the time for bringing up the Report be extended until Wednesday, 5 July 2000.

 

Select Committee

on Outsourcing of State Government Services.

   9.

Order of the Day read for the Report of the Select Committee on Wild Dog Issues in the State of South Australia to be brought up.

                 Ordered - That the time for bringing up the Report be extended until Wednesday, 5 July 2000.

 

Select Committee

on Wild Dog Issues

in the State of

South Australia.

10.

Order of the Day read for the Report of the Select Committee on Internet and Interactive Home Gambling and Gambling by other means of Telecommunication in South Australia to be brought up.

                 Ordered - That the time for bringing up the Report be extended until Wednesday, 5 July 2000.

 

Select Committee on Intranet and

Interactive Home

Gambling and

Gambling by

other means of

Telecommunication

in South Australia.

 

11.

Ordered - separately - That Orders of the Day (Private Business) No. 4 to No. 13 be Orders of the Day for Wednesday next.

 

Postponement

of Business.

12.

Ordered - That Order of the Day (Private Business) No. 14 be discharged.

 

Business

Discharged.

 

13.

Ordered - separately - That Orders of the Day (Private Business) No. 15 to No. 19 be Orders of the Day for Wednesday next.

 

Postponement of Business.

14.

Ordered - That Order of the Day (Private Business) No. 20 be discharged.

 

Business

Discharged.

 

15.

Ordered - That Order of the Day (Private Business) No. 21 be discharged.

 

Business

Discharged.

 

16.

Ordered - separately - That Orders of the Day (Private Business) No. 22 to No. 24 be Orders of the Day for Wednesday next.

 

Postponement of Business.

17.

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 Mining Oil Shale at Leigh Creek, be noted:

                 Debate resumed.

                 Question put and passed.

Environment, Resources and Development Committee -

Report on Mining

Oil Shale at

Leigh Creek

to be noted -

Motion re.

 

18.

Ordered - That Order of the Day (Private Business) No. 26 be an Order of the Day for Wednesday next.

 

Postponement

of Business.

19.

The Attorney-General (The Hon. K. T. Griffin), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Correctional Services Act 1982; the Criminal Law (Sentencing) Act 1988 and the Young Offenders Act 1993.

                 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.

 

Statutes

Amendment (Warrants of Apprehension)

Bill.

20.

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

 

Postponement

of Business.

21.

The Minister for Transport and Urban Planning (The Hon. D. V. Laidlaw), pursuant to notice, moved - That she have leave to introduce a Bill for an Act to amend the Highways Act 1926.

                 Question put and passed.

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

 

Highways (Miscellaneous) Amendment Bill.

22.

The Minister for Transport and Urban Planning, pursuant to notice, moved - That she have leave to introduce a Bill for an Act to amend the Motor Vehicles Act 1959.

                 Question put and passed.

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

 

Motor Vehicles (Miscellaneous) Amendment Bill.

23.

The Minister for Transport and Urban Planning, pursuant to notice, moved - That she have leave to introduce a Bill for an Act to amend the Road Traffic Act 1961.

                 Question put and passed.

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

 

Road Traffic

(Red Light

Camera Offences)

Amendment Bill.

24.

The Minister for Transport and Urban Planning, pursuant to notice, moved - That she have leave to introduce a Bill for an Act to amend the History Trust of South Australia Act 1981 and to make a related amendment to the Parliament (Joint Services) Act 1985.

                 Question put and passed.

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

 

History Trust of South Australia

(Old Parliament House)

Amendment Bill.

25.

Ordered - That Notice of Motion (Government Business) No. 7 be an Order of the Day for next day of sitting.

 

Postponement

of Business.

26.

Ordered - That Orders of the Day (Government Business) No. 1 and No. 2 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

27.

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

 

Postponement

of Business.

28.

Ordered - That Orders of the Day (Government Business) No. 4 to No. 7 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

29.

Ordered - That Order of the Day (Government Business) No. 8 be postponed and taken into consideration on motion.

 

Postponement

of Business.

30.

On the Order of the Day being read for the adjourned debate on the motion of the Minister for Transport and Urban Planning - That the Report of the Joint Committee on Transport Safety on the Driver Training and Testing Inquiry be noted:

                 Debate resumed.

                 Question put and passed.

 

Joint Committee

on Transport Safety -Report on Driver Training and Testing Inquiry be noted:

Motion re.

31.

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

                 Debate resumed.

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

 

Offshore

Minerals Bill.

32.

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

                 Debate resumed.

                 Question put and passed.

                 Bill read a second time.

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

 

Prices

(Miscellaneous) Amendment Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 6 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 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.

 

 

33.

Ordered - That Order of the Day (Government Business) No. 11 be an Order of the Day for next day of sitting.

 

Postponement of Business.

34.

On the Order of the Day being read for the adjourned debate on the question - That the Wrongs (Damage by Aircraft) 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.

 

Wrongs

(Damage by

Aircraft) Amendment Bill.

 

In the Committee

 

                          Clauses No. 1 and No. 2 agreed to.

                          Clause No. 3 amended and agreed to.

                          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 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.

 

 

35.

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

 

Paper Tabled.

36.

Ordered - That Orders of the Day (Government Business) No. 13 to No. 15 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

37.

On the Order of the Day being read for the adjourned debate on the question - That the Native Title (South Australia) (Miscellaneous) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. J.S.L. Dawkins, the debate was adjourned until next day of sitting.

 

Native Title

(South Australia)

(Miscellaneous) Amendment Bill.

38.

On the Order of the Day being read for the adjourned debate on the question - That the Road Traffic (Miscellaneous No. 2) 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 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.

 

Road Traffic

(Miscellaneous

No. 2)

Amendment Bill.

39.

Ordered - That Orders of the Day (Government Business) No. 18 to No. 22 be Orders of the Day for next day of sitting.

 

Postponement of Business.

40.

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

 

Postponement of Business.

41.

Council adjourned at twenty minutes past six 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