SOUTH AUSTRALIA]

No. 38

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

THURSDAY  29  JUNE  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 Treasurer (The Hon. R. I. Lucas), 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.

 

   3.

Ordered - That Notice of Motion (Government Business) No. 1, Orders of the Day (Government Business) No. 1 to No. 26 and Order of the Day (Private Business) No. 1 be postponed and taken into consideration after Order of the Day (Private Business) No. 2.

 

Postponement
of Business.

 

   4.

On the Order of the Day being read for the adjourned debate on the question - That the Casino (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.

 

In the Committee

 

                          Clause No. 1 agreed to.

                          Clause No. 2 read.

                 The Hon. N. Xenophon moved - That clause No. 2 be postponed and taken into consideration after clause No. 9.

                 Question put and passed.

                          Clause No. 3 struck out.

                          Clause No. 4 agreed to.

                          Clause No. 5 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 Wednesday next.

 

Casino
(Miscellaneous) Amendment Bill.

 

   5.

At one minute past 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.

 

 

   6.

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

                 By the Hon. P. Holloway from 32 residents of South Australia concerning Prostitution and praying that this Honourable House will strengthen the present law and ban all prostitution related advertising to enable the Police to suppress the prostitution trade more effectively.

Petitions -

No. 34 -

Prostitution.

 

 

         By the Hon. S. M. Kanck from 1077 residents of South Australia concerning Transport and Storage of Radioactive Waste in South Australia and praying that this Honourable House will do all in its power to ensure that South Australia does not become the dumping ground for Australia’s or the world’s nuclear waste.

 

No. 35 -

Transport and Storage of Radioactive Waste
in South Australia.

 

   7.

The Treasurer tabled a copy of a Ministerial Statement made by the Premier (The Hon. J. W. Olsen, M.P.) concerning the Select Committee on a Heroin Rehabilitation Trial.

 

Paper Tabled.

 

   8.

The Treasurer, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to Electricity Act 1996.

                 Question put and passed.

                 Bill introduced and read a first time.

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

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

 

Electricity
(Pricing Order and
Cross-ownership) Amendment Bill.

 

   9.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 3 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

10.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Native Title (South Australia) (Miscellaneous) 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.

                          New clause No. 4A inserted.

                          New clause No. 4B inserted.

                          Clause No. 5 struck out.

                          New clause No. 5 inserted.

                          Clause No. 6 struck out.

                          Clause No. 7 struck out.

                          Clause No. 8 struck out.

                          Clause No. 9 struck out.

                          Clause No. 10 amended and agreed to.

                          Clause No. 11 amended and agreed to.

                          Clause No. 12 agreed to.

                          Clause No. 13 amended and agreed to.

                          New clause No. 13A inserted.

                          New clause No. 13B inserted.

                          Clause No. 14 agreed to.

                          New clause No. 14A inserted.

                          Clause No. 15 agreed to.

                          New clause No. 15A inserted.

                          Clause No. 16 amended and agreed to.

                          Clauses No. 17 and No. 18 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 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.

 

Native Title
(South Australia) (Miscellaneous) Amendment Bill.

 

11.

Ordered - That Orders of the Day (Government Business) No. 5 to No. 9 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

12.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Statutes Amendment and Repeal (Attorney-General’s Portfolio) Bill.

 

In the Committee

 

                          Clause No. 1 agreed to.

                          Clause No. 2 amended and agreed to.

                          Clauses No. 3 to No. 10 agreed to.

                 The Hon. P. Holloway moved on page 5, after line 16, to insert new clause as follows:

                          Amendment of s. 7—Application for compensation

                                        10A.  Section 7 of the principal Act is amended by inserting after subsection (9) the following subsection:

                                                   (9aa) The court must not, however, make an order for compensation in favour of a victim if the injury to the victim occurred while the victim was engaged in behaviour constituting an offence against a person or property (or both) or was loitering in any place or trespassing on land or premises with the intention of committing such an offence.”

                 Question - That new clause No. 10A, as proposed to be inserted by the Hon. P. Holloway, be so inserted - put and negatived.

                          Clause No. 11 agreed to.

                 The Hon. P. Holloway moved on page 5, after line 32, to insert new clause as follows:

                          Amendment of s. 11—Payment of compensation, etc. by the Attorney-General

                                        11A. Section 11 of the principal Act is amended by inserting after subsection (3) the following subsection:

                                                   (3a) However, the Attorney-General must not make an ex gratia payment to a victim if the injury to the victim occurred while the victim was engaged in behaviour constituting an offence against a person or property (or both) or was loitering in any place or trespassing on land or premises with the intention of committing such an offence.”

                 Question - That new clause No. 11A, as proposed to be inserted by the Hon. P. Holloway, be so inserted - put and negatived.

                          Clauses No. 12 to No. 14 agreed to.

                          Clause No. 15 amended and agreed to.

                          Clauses No. 16 to No. 26 agreed to.

                          New clause No. 26A inserted.

                          Clauses No. 27 to No. 30 agreed to.

                          Title amended and agreed to.

_____________________

 

                 The President resumed the Chair, and reported that the Committee had considered the Bill and had agreed to the same with amendments and an amended title; 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.

 

Statutes
Amendment
and Repeal (Attorney-General’s Portfolio) Bill.

 

13.

Ordered - That Orders of the Day (Government Business) No. 11 to No. 15 be postponed and taken into consideration after Order of the Day (Government Business) No. 16.

 

Postponement
of Business.

 

14.

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

 

In the Committee

 

                          Clauses No. 1 and No. 2 agreed to.

                          Clause No. 3 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.

 

Liquor Licensing (Miscellaneous)
Bill.

 

15.

The Attorney-General, by leave, tabled a copy of the South Australian Government Gazette, dated Wednesday 28 June 2000.

 

Paper Tabled.

 

16.

Ordered - That Orders of the Day (Government Business) No. 11 to No. 13 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

17.

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

 

Postponement
of Business.

 

  18.

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

Message No. 77

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Liquor Licensing Act 1997, without any amendment.

House of Assembly, 28 June 2000.                                                                   J.K.G. OSWALD, Speaker.

 

Messages from
House of Assembly:
Liquor Licensing (Regulated Premises)
Amendment Bill.

 

 

 

Message No. 78

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Criminal Law Consolidation Act 1935, without any amendment.

House of Assembly, 28 June 2000.                                                                   J.K.G. OSWALD, Speaker.

 

Criminal Law Consolidation  (Appeals)
Amendment Bill.

 

 

 

Message No. 79

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Young Offenders Act 1993, without any amendment.

House of Assembly, 28 June 2000.                                                                   J.K.G. OSWALD, Speaker.

 

Young Offenders (Publication of Information)
Amendment Bill.

 

 

 

Message No. 80

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Motor Vehicles Act 1959, without any amendment.

House of Assembly, 28 June 2000.                                                                   J.K.G. OSWALD, Speaker.

 

Motor Vehicles (Miscellaneous) Amendment Bill.

 

 

 

Message No. 81

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Superannuation Act 1988, without any amendment.

House of Assembly, 29 June 2000.                                                                   J.K.G. OSWALD, Speaker.

 

Superannuation (Miscellaneous)
Bill.

 

 

 

Message No. 82

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Fair Trading Act 1987, the Land and Business (Sale and Conveyancing) Act 1994, the Prices Act 1948 and the Trade Standards Act 1979, without any amendment.

House of Assembly, 29 June 2000.                                                                   J.K.G. OSWALD, Speaker.

 

Statutes
Amendment (Consumer Affairs – Portfolio) Bill.

 

 

19.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment and Repeal (Security and Order at Courts and Other Places) 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. 5 agreed to.

                          Clause No. 6 amended and agreed to.

                          Clauses No. 7 to No. 9 agreed to.

                          Clause No. 10 amended and agreed to.

                          Clause No. 11 agreed to.

                          Clause No. 12 amended and agreed to.

                          Clauses No. 13 to No. 24 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 with amendments; 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.

 

Statutes
Amendment
and Repeal
(Security and Order at Courts and Other Places) Bill.

 

 

20.

Ordered - That Orders of the Day (Government Business) No. 17 to No. 23 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

21.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of Message No. 74 from the House of Assembly relating to the Water Resources (Water Allocations) Amendment Bill.

 

In the Committee

 

                          Resolved – That the amendments be insisted on.

_____________________

 

                 The President resumed the Chair, and reported accordingly; whereupon the Council adopted such report.

 

Water Resources (Water Allocations) Amendment Bill.

 

22.

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

 

Postponement
of Business.

 

23.

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

 

Postponement
of Business.

 

24.

Council adjourned at twenty-five minutes past six o’clock until Tuesday next, 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