[SOUTH AUSTRALIA]

No. 46

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

THURSDAY  29  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 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.

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.

 

   4.

The Attorney-General, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Magistrates Court Act 1991 and the Supreme Court Act 1935.

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

 

Statutes

Amendment (Magistrates Court Appeals) Bill.

   5.

The Attorney-General, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Carriers Act 1891.

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

 

Carriers Act

Repeal Bill.

   6.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 10 be postponed and taken into consideration after Order of the Day (Government Business) No. 11.

 

Postponement

of Business.

   7.

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

 

In the Committee

 

                          Clauses No. 1 to No. 4 agreed to.

                          Clause No. 5 amended and agreed to.

                          Clause No. 6 amended and agreed to.

                          Clauses No. 7 and No. 8 agreed to.

                          Clause No. 9 amended and agreed to.

                          Clause No. 10 amended and agreed to.

                          Clause No. 11 agreed to.

                          Clause No. 12 struck out.

                          New clause No. 12 inserted.

                          New clause No. 12A inserted.

                          Clause No. 13 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

(Trusts)

Bill.

   8.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 10, No. 12 and No. 13 be postponed and taken into consideration after Order of the Day (Government Business) No. 14.

 

Postponement

of Business.

   9.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Federal Courts (State Jurisdiction) Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 13 agreed to.

                          Clause No. 14 amended and agreed to.

                          Clause No. 15 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 an 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.

 

Federal Courts

(State Jurisdiction) Bill.

10.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 10 be postponed and taken into consideration after Order of the Day (Government Business) No. 12.

 

Postponement

of Business.

11.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the ASER (Restructure) (Miscellaneous) 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 motion.

 

ASER (Restructure) (Miscellaneous) Amendment Bill.

12.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 7 be postponed and taken into consideration after Order of the Day (Government Business) No. 8.

 

Postponement

of Business.

13.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Local Government Bill.

 

In the Committee

 

                          Clause No. 51 further considered, amended and agreed to.

                          Clause No. 52 read.

                 The Hon. T. G. Roberts moved on page 49, lines 36 and 37, to leave out paragraph (a) and insert the following:

                          (a)     if the area of the council is not divided into wards—be appointed, or elected by the electors for the area, as representatives of the area as a whole; or”.

                 The Hon. I. Gilfillan moved on page 49, line 36, to leave out “appointed” and insert “appointed1”.

                 Question - That all words down to and including “be” in paragraph (a) stand as printed - put and passed.

                 Question - That the amendment moved by the Hon. I. Gilfillan be agreed to - put and passed.

                 The Hon. T. G. Roberts moved on page 50, lines 3 to 5, to leave out subclause (3).

                 The Hon. I. Gilfillan moved on page 50, lines 3 to 5, to leave out subclause (3) and insert new subclause as follows:

                                   “(3) If the area of a council is divided into wards, there must be at least three councillors to represent each ward.”

                 Question - That subclause (3) stand as printed - put.

            Committee divided:

Local 

Government

Bill.

 

Ayes, 8.

The Hon. L. H. Davis

The Hon. K. T. Griffin

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)

  Noes, 11.

The Hon. T. G. Cameron

The Hon. T. Crothers

The Hon. M. J. Elliott

The Hon. P. Holloway

The Hon. S. M. Kanck

The Hon. C. A. Pickles

The Hon. T. G. Roberts

The Hon. G. Weatherill

The Hon. C. Zollo

The Hon. N. Xenophon

The Hon. I. Gilfillan (Teller)

 

 

        So it passed in the negative.

 

 

                 Question - That new subclause (3), as proposed to be inserted by the Hon. I. Gilfillan, be so inserted - put.

            Committee divided:

 

 

Ayes, 6.

The Hon. T. G. Cameron

The Hon. T. Crothers

The Hon. M. J. Elliott

The Hon. S. M. Kanck

The Hon. N. Xenophon

The Hon. I. Gilfillan (Teller)

Noes, 14.

The Hon. L. H. Davis

The Hon. K. T. Griffin

The Hon. P. Holloway

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. C. Zollo

The Hon. D. V. Laidlaw (Teller)

 

 

        So it passed in the negative.

                          Clause No. 52, as amended and otherwise amended, agreed to.

                          Clauses No. 53 and No. 54 agreed to.

                          Clause No. 55 read.

 

 

                 The Hon. I. Gilfillan moved on page 52, line 26, to leave out “270” and insert “62 or 74”.

                 The Hon. T. G. Cameron moved on page 52, line 26, to leave out “section 270” and insert “sections 62 or 270”.

                 Question - That the word “section”, as proposed to be struck out by the Hon.
T. G. Cameron, stand as printed - put and negatived.

                 Question - That the number “270”, as proposed to be struck out by the Hon.
T. G. Cameron, stand as printed - put and negatived.

                 Question - That the words proposed to be inserted by the Hon. T. G. Cameron, be so inserted - put and passed.

                          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.

 

 

14.

At four minutes 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.

15.

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

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

                 Response by the Deputy Premier, Minister for Primary Industries, Natural Resources and Regional Development, Hon. R. Kerin, M.P., to the Environment, Resources and Development Committee Report into Fish Stock of Inland Waters.

         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, 1998.

 

Papers.

16.

The Attorney-General, without notice,  moved - That the Standing Orders be so far suspended as to enable the Hon. A. J. Redford to complete his question to the Attorney-General and for the Attorney-General to complete his reply.

                 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.

17.

The Attorney-General tabled a copy of a Ministerial Statement made by the Minister for Police, Correctional Services and Emergency Services (The Hon. R. Brokenshire, M.P.) concerning Directions to the Commissioner of Police under Section 6 of the Police Act 1998, together with copies of several Directions.

 

Papers Tabled.

18.

The Attorney-General tabled a copy of a Ministerial Statement made by the Minister for Human Services (The Hon. D. C. Brown, M.P.) concerning Allegations of Inappropriate Practices by Dentists Employed by the S.A. Dental Service.

 

Paper Tabled.

19.

The Attorney-General tabled a copy of a Ministerial Statement made by the Minister for Human Services concerning a recent Adoption Matter.

 

Paper Tabled.

20.

The Treasurer tabled a copy of a Ministerial Statement made by the Premier (The Hon. J. W. Olsen, M.P.) concerning Commonwealth-State Financial Relations.

 

Paper Tabled.

21.

The Minister for Transport and Urban Planning tabled a copy of a Ministerial Statement made by the Minister for Environment and Heritage (The Hon. D. C. Kotz, M.P.) concerning Environment Protection Authority Fees for Piggeries.

 

Paper Tabled.

22.

The Minister for Transport and Urban Planning tabled a copy of a Ministerial Statement made by the Minister for Tourism (The Hon. J. Hall M.P.) concerning a number of Tourism Related Issues raised by the Member for Lee.

 

Paper Tabled.

23.

The President made the following Statement:

                 “Last evening in this Council I made a ruling in response to a Point of Order.  The Point of Order was raised by the Hon. Carmel Zollo in response to remarks made by the Hon.
Angus Redford.  The relevant remarks were -

 

President’s

Statement.

 

“I wish to raise one more issue before I conclude.  I find it absolutely
extraordinary - although consistent with Multinational Mike’s international ethnic politics - that he would arrange for the Hon Carmel Zollo (because she would not have worked this one out for herself) to move amendments which required -”.

                 I point out that the Hon. Angus Redford never did say that the Hon. Carmel Zollo had moved an amendment.

                 Referring back to Hansard, the Hon. Carmel Zollo stated in her Point of Order -

                “I have not moved any amendment.”

                 At this point, several interjections ensued and further comments were made on the issue.  Because of this ongoing debate on “moving amendments”, which may or may not have been the subject of the Committee stage of this particular legislation, a further Point of Order from the Hon. Terry Cameron was made supporting the Hon. Carmel Zollo, I first advised Members “that Members should not pre-empt the Committee stage”.

                 Subsequently, after further discussion, I ruled -

“My advice is that Members should not refer to amendments prior to the discussion of amendments in Committee.  I must say that that is new to me because Members have been referring to amendments for all the years I have been in this place, both in their Second Reading contributions and in reply to Second Reading contributions.  However, I must rule that it is out of order and it will be out of order from here on in.  Members cannot refer to an amendment by another Honourable Member.”

                 I have now reflected on yesterday’s events and have received further advice.  The advice is that last evening’s continued bickering and Points of Order exacerbated the situation and, as a consequence, was in conflict with Standing Orders and Westminster practice and procedure.  Firstly, Standing Orders state that Members cannot anticipate debate.  This should be linked with the normal procedure of the passage of a Bill through its different stages.  The Second Reading is to discuss the overall objects of the Bill.  However, for some years now Members have been allowed, and become accustomed, to foreshadow amendments they intend moving in Committee.  Nevertheless, debate on such amendments should be confined to the Committee stage of the Bill after the amendments have been moved and during which there is no limit on debate.  The mere circulation of amendments gives amendments no official standing.  In fact, quite often Members have erroneously stated in their Second Readings - “I wish to withdraw my amendment” - which is incorrect because they have not even moved the said amendment.

                 The discussion continued on “the alleged moving or not moving of amendments” for some time and it became necessary for me to rule as I did.  However, in my view, it does not change the long standing practice in this Chamber of Members foreshadowing their amendments to legislation before the Council.  Obviously, if I do not constrain debate to the particular matter before the Chamber at the time, or the particular stage of the legislation, this Council will become unworkable.

                 I therefore ask Honourable Members to abide by the normal practices of the Westminster system, especially in relation to legislation.

                 If any Honourable Member in future takes a Point of Order on another Honourable Member debating a “proposed” amendment in the Second Reading, I will have to uphold the Point of Order.”

 

 

24.

The Hon. C. Zollo, having sought a Point of Order concerning the status of amendments, the President stated:

                 “I reiterate what I have already said in my Statement.  Amendments have no status whatsoever until they are moved, whether or not they are on file.  To be fair to Members, I can circulate my Statement, but it will certainly be available for Members to read in Hansard later this afternoon or tomorrow.  I further advise that staff at the Table refer to the date at the top of the amendment.  Sometimes Members do not wish to retain earlier options as well as any later versions that they might place on file.  In the past two days a huge volume of amendments have been filed or substituted.  There are many amendments on file in respect of the Local Government Bill.  The Table recognises the most recent copy of an amendment, unless we are advised otherwise.”

 

Further

President’s

Statement.

25.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Local Government Bill.

 

Local 

Government

Bill.

 

In the Committee

 

                          Clause No. 55 further considered, and as amended and otherwise amended, agreed to.

                          Clauses No. 56 to No. 61 agreed to.

                          Clause No. 62 amended and agreed to.

                          Clause No. 63 amended and agreed to.

                          Clause No. 64 agreed to.

                          Clause No. 65 amended and agreed to.

                          Clause No. 66 amended and agreed to.

                          Clause No. 67 amended and agreed to.

                          Clause No. 68 amended and agreed to.

                          Clause No. 69 amended and agreed to.

                          Clause No. 70 amended and agreed to.

                          Clauses No. 71 to No. 73 agreed to.

                          Clause No. 74 read.

                 The Hon. I. Gilfillan moved on page 60, after line 27, to insert the following:

                 “Maximum Penalty:           $10 000 or imprisonment for two years.”

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

                          Clause No. 74 agreed to.

                          Clause No. 75 agreed to.

                          Clause No. 76 amended and agreed to.

                          Clause No. 77 read.

 

 

                 The Hon. I. Gilfillan moved on page 64, lines 2 and 3, to leave out “(either specifically or under a policy established by the council for the purposes of this section)” and insert “ under a policy established by the council for the purposes of this section”.

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

                          Clause No. 77 otherwise amended and agreed to.

                          Clauses No. 78 to No. 80 agreed to.

                          Clause No. 81 amended and agreed to.

                          Clause No. 82 agreed to.

                          Clause No. 83 read.

                 The Hon. I. Gilfillan moved on page 67, lines 34 and 35, to leave out subclause (9).

                 The Minister for Transport and Urban Planning moved on page 67, lines 34 and 35, to leave out subclause (9) and insert new subclause as follows:

                                    “(9) The fact that a notice of a meeting has not been given to a member of a council in accordance with this section does not, of itself, invalidate the holding of the meeting or a resolution or decision passed or made at the meeting but the District Court may, on the application of the Minister or a member of the council, annul a resolution or decision passed or made at the meeting and make such ancillary or consequential orders as it thinks fit if satisfied that such action is warranted in the circumstances of the particular case.”

                 Question - That subclause (9) stand as printed - put and negatived.

                 Question - That new subclause (9), as proposed to be inserted by the Minister for Transport and Urban Planning, be so inserted - put and passed.

                          Clause No. 83, as amended, agreed to.

                          Clause No. 84 read.

                 The Hon. I. Gilfillan moved on page 68, line 18, to leave out “as soon as practicable” and insert “immediately”.

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

                          Clause No. 84 agreed to.

                          Clause No. 85 agreed to.

                          Clause No. 86 read.

                 The Minister for Transport and Urban Planning moved on page 69, line 15, after “Each Member” to insert “(including the presiding member)”.

                 Question - That the amendment be agreed to - put.

 

 

            Committee divided:

 

 

Ayes, 10.

The Hon. T. G. Cameron

The Hon. T. Crothers

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. K. T. Griffin

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. C. V. Schaefer

The Hon. D. V. Laidlaw (Teller)

Noes, 9.

The Hon. M. J. Elliott

The Hon. P. Holloway

The Hon. S. M. Kanck

The Hon. R. R. Roberts

The Hon. T. G. Roberts

The Hon. G. Weatherill

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. I. Gilfillan (Teller)

 

 

 

        So it was resolved in the affirmative.

 

 

                 The Hon. I. Gilfillan moved on page 69, lines 17 to 22, to leave out subclauses (6) and (7) and insert new subclause as follows:

                                    “(6) The member presiding at a meeting of a council has a deliberative vote on a question arising for decision at the meeting but does not have, in the event of an equality of votes, a casting vote.”

                 The Minister for Transport and Urban Planning moved on page 69, lines 17 to 22, to leave out subclauses (6) and (7) and insert new subclause as follows:

                                    “(6) In the event of an equality of votes on a question arising for decision at a meeting of a council, the member presiding at the meeting has a second or casting vote.”

                 Question - That subclauses (6) and (7), proposed to be struck out, stand as printed - put and negatived.

                 Question - That new subclause (6), proposed to be inserted by the Hon. I. Gilfillan, be so inserted - put and negatived.

                 Question - That new subclause (6), proposed to be inserted by the Minister for Transport and Urban Planning, be so inserted - put and passed.

                          Clause No. 86, as amended, agreed to.

                          Clause No. 87 amended and agreed to.

                          Clause No. 88 amended and agreed to.

                          Clause No. 89 agreed to.

                          Clause No. 90 read.

                          The Hon. I. Gilfillan moved on page 73, lines 6 to 35, and page 74, lines 1 to 13, to leave out subclauses (2) and (3) and insert new subclauses as follow:

                          “(2) A council or council committee may order that the public be excluded from attendance at so much of a meeting as is necessary to receive, discuss or consider in confidence any information or matter listed in subsection (3).

                          (3) The following information and matters are listed for the purposes of subsection (2):

                                    (a)                    a personnel matter concerning a particular member of the staff of the council;

                                    (b)                    the personal hardship of any resident or ratepayer;

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

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

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

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

                                    (iii)    reveal a trade secret;

                          (e)    matters affecting the security of the council, members or employees of the council, or council property;

                          (f)     information that would, if disclosed, prejudice the maintenance of law;

                          (g)    matters that must be considered in confidence in order to ensure that the council 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;


                          (h)    advice concerning litigation (or potential litigation), or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege;

 

 

                          (i)     information that must be considered in confidence in order to provide protection to the environment;

                          (j)     tenders for the supply of goods, the provision of services or the carrying out of works;

                          (k)    information relating to the health or financial position of a person, or information relevant to the safety of a person;

                          (l)     information relevant to the review of a determination of a council under the Freedom of Information Act 1991.

                          (3a) A council or council committee may also order that the public be excluded from attendance at so much of its meeting as is necessary to consider a motion to close another part of the meeting under subsection (2)1..

                           1.       In this case, the consideration of the motion must not include any consideration of the information or matter to be discussed in the other part of the meeting (other than consideration of whether the information or matter falls within the ambit of subsection (3)).

                          (3b) In considering whether an order should be made under subsection (2), it is irrelevant that discussion of a matter in public may—

                          (a)    cause embarrassment to the council or council committee concerned, or to members or employees of the council; or

                          (b)    cause a loss of confidence in the council or council committee.

                          (3c) Members of the public must be given a reasonable opportunity to make representations to or at a meeting, before any part of the meeting is closed to the public, as to whether that part of the meeting should be closed.”

                 The Minister for Transport and Urban Planning moved page 73, lines 6 to 35, and page 74, lines 1 to 13, to leave out subclauses (2) and (3) and insert new subclauses as follow:

                          “(2) A council or council committee may order that the public be excluded from attendance at so much of a meeting as is necessary to receive, discuss or consider in confidence any information or matter listed in subsection (3).

                          (3) The following information and matters are listed for the purposes of subsection (2):

                          (a)    a personnel matter concerning a particular member of the staff of the council;

                          (b)    the personal hardship of any resident or ratepayer;

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

 

 

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

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

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

                                    (iii)    reveal a trade secret;

                          (e)    matters affecting the security of the council, members or employees of the council, or council property;

                          (f)     information that would, if disclosed, prejudice the maintenance of law;

                          (g)    matters that must be considered in confidence in order to ensure that the council 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;

                          (h)    legal advice, or advice from a person employed or engaged by the council to provide specialist professional advice;

                          (i)     information relating to actual or possible litigation involving the council or an employee of the council;

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

                          (k)    tenders for the supply of goods, the provision of services or the carrying out of works;

                          (l)     information relating to the health or financial position of a person, or information relevant to the safety of a person;

                          (m)   information relating to a proposed amendment to a Development Plan under the Development Act 1993 before a Plan Amendment Report relating to the amendment is released for public consultation under that Act;

                          (n)    information relevant to the review of a determination of a council under the Freedom of Information Act 1991.

 

 

                          (3a) A council or council committee may also order that the public be excluded from attendance at so much of its meeting as is necessary to consider a motion to close another part of the meeting under subsection (2)1..

                           1.       In this case, the consideration of the motion must not include any consideration of the information or matter to be discussed in the other part of the meeting (other than consideration of whether the information or matter falls within the ambit of subsection (3)).

                          (3b) In considering whether an order should be made under subsection (2), it is irrelevant that discussion of a matter in public may—

                          (a)    cause embarrassment to the council or council committee concerned, or to members or employees of the council; or

                          (b)    cause a loss of confidence in the council or council committee.”

                 Question - That subclauses (2) and (3), proposed to be struck out, stand as printed - put and negatived.

                 Question - That new subclause (6), proposed to be inserted by the Hon. I. Gilfillan, be so inserted - put.

 

 

            Committee divided:

 

 

Ayes, 3.

The Hon. M. J. Elliott

The Hon. S. M. Kanck

The Hon. I. Gilfillan (Teller)

Noes, 16.

The Hon. T. G. Cameron

The Hon. T. Crothers

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. 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

The Hon. D. V. Laidlaw (Teller)

 

 

        So it passed in the negative.

                 Question - That new subclause (6), proposed to be inserted by the Minister for Transport and Urban Planning, be so inserted - put and passed.

                          Clause No. 90, as amended and otherwise amended, agreed to.

                          Clause No. 91 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 motion.

 

 

26.

At seven minutes to 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.

27.

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

 

In the Committee

 

                          Clause No. 1 further considered and agreed to.

                          Clauses No. 2 to No. 12 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.

 

ASER (Restructure)

(Miscellaneous)

Amendment Bill.

 

28.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 7, No. 9 and No. 10 be postponed and taken into consideration after Order of the Day (Government Business) No. 13.

 

Postponement

of Business.

29.

On the Order of the Day being read for the adjourned debate on the question - That the Industrial and Employee Relations (Workplace Relations) Amendment Bill be now read a second time:

                 Debate resumed.

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

 

Industrial and Employee Relations (Workplace Relations) Amendment Bill.

 

30.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Local Government Bill.

 

In the Committee

 

                          Clause No. 91 further considered.

                 The Hon. T. G. Roberts moved on page 76, lines 13 to 17, to leave out subclause (10).

                 The Minister for Transport and Urban Planning moved on page 76, line 16, after “publication” to insert “under this section”.

                 Question - That all words down to and including “publication” stand as printed - put and passed.

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

Local 

Government

Bill.

 

                          Clause No. 91, as amended, agreed to.

                          Clause No. 92 amended and agreed to.

                          Clause No. 93 amended and agreed to.

                          New clause No. 93A inserted.

                          Clause No. 94 agreed to.

                          New clause No. 94A inserted.

                          Clause No. 95 agreed to.

                          Clause No. 96 struck out.

                          Clause No. 97 amended and agreed to.

                          Clauses No. 98 to No. 103 agreed to.

                          Clause No. 104 struck out.

                          Clauses No. 105 and No. 106 agreed to.

                          Clause No. 107 read.

                 The Hon. I. Gilfillan moved on page 86, line 34, to leave out “long service leave and sick leave”.

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

                          Clause No. 107 agreed to.

                          Clause No. 108 amended and agreed to.

                          Clauses No. 109 and No. 110 agreed to.

                          Clause No. 111 amended and agreed to.

                          Clause No. 112 read.

                 The Hon. T. G. Roberts moved on page 90, after line 2, to insert the following:

                                                              “(2) A council may only make a declaration under subsection (1) with respect to officers who are, in the opinion of the council, exercising significant statutory discretions.”

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

                          Clause No. 112 agreed to.

                          Clauses No. 113 to No. 116 agreed to.

                          Clause No. 117 amended and agreed to.

                          Clause No. 118 agreed to.

                          Clause No. 119 read.

                 The Hon. I. Gilfillan moved on page 91, after line 8, to insert the following:

 

 

                                                              “(2) A person is entitled to inspect (without charge) that part of the Register that relates to the chief executive officer.

                                                              (3) A person is entitled, on payment of a fee fixed by the council, to a copy of that part of the Register that relates to the chief executive officer.”

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

                          Clause No. 119 agreed to.

                          Clause No. 120 amended and agreed to.

                          Clauses No. 121 to No. 128 agreed to.

                          Clause No. 129 read.

                 The Hon. I. Gilfillan moved on page 99, after line 17, to insert new subclause as follows:

                                    “(9) If an auditor is removed from office under subsection (5)(f)

                                    (a)    the council must inform the auditor and the Auditor-General in writing of the reasons for the removal; and

                                    (b)    the auditor must, if the Auditor-General so determines, complete an audit commenced before the date of removal (at a rate of remuneration determined by the Auditor-General).”

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

                          Clause No. 129 agreed to.

                          Clause No. 130 amended and agreed to.

                          Clause No. 131 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 motion.

 

 

31.

At twenty-two minutes past ten o’clock the sitting was suspended until the ringing of the bells.

                 At twenty-five minutes to eleven o’clock the sitting was resumed.

 

Suspension and

Resumption of

Sitting.

 

32.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Local Government Bill.

 

In the Committee

 

                          Clause No. 131 further considered and agreed to.

                          Clause No. 132 agreed to.

                          Clause No. 133 read.

                 The Hon. I. Gilfillan moved on page 102, after line 8, to insert new subclauses as follow:

                                    “(1a) A council may make a document available in electronic form for the purposes of subsection (1)(a).

                                    (1b) A council must ensure that any document available for inspection under subsection (1)(a) is also available for inspection on the Internet within a reasonable time after being available at the principal office of the council.

                                    (1c) However, subsection (1)(b) does not apply to any document of a prescribed kind.”

                 The Minister for Transport and Urban Planning moved on page 102, after line 8, to insert new subclauses as follow:

                                                 “(1a) A council may make a document available in electronic form for the purposes of subsection (1)(a).

                                                   (1b) A council should also, so far as is reasonably practicable, make the following documents available for inspection on the Internet within a reasonable time after they are available at the principal office of the council:

                                    (a)    agendas for meetings of the council or council committees;

                                    (b)    minutes of meetings of the council or council committees;

                                    (c)    codes of conduct or codes of practice adopted by the council under this Act or the Local Government (Elections) Act 1999;

                                    (d)    the council's contract and tenders policies, public consultation policy, rating policy and order-making policies;

                                    (e)    a list of fees and charges imposed by the council under this Act;

                                    (f)     by-laws made by the council;

                                    (g)    procedures for the review of decisions established by the council under Part 2 of Chapter 13.

                 Question - That new subclauses, as proposed to be inserted by the Hon. I. Gilfillan, be so inserted - put and negatived.

Local 

Government

Bill.

 

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

                          Clause No. 133, as amended and otherwise amended, agreed to.

                          Clause No. 134 agreed to.

                          Clause No. 135 amended and agreed to.

                          Clauses No. 136 to No. 142 agreed to.

                          Clause No. 143 amended and agreed to.

                          Clauses No. 144 to No. 147 agreed to.

                          Clause No. 148 read.

                 The Hon. I. Gilfillan moved on page 111, line 32, after “(as the case may be)” to insert
“, except any such land occupied by a subsidiary that is involved in a significant business activity”.

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

                          Clause No. 148 agreed to.

                          Clauses No. 149 to No. 151 agreed to.

                          Clause No. 152 read.

                 The Hon. T. G. Roberts moved on page 113, lines 28 to 32, and page 114, lines 1 to 4, to leave out subclause (1) and insert new subclause as follows:

                                                              “(1) A rate must be based on the value of land1. subject to the rate, except if another provision of this Act specifically allows for a different basis.

                                        1.    See Division 6 for provisions concerning the valuation of land for the purposes of rating.”

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

                          Clause No. 152 agreed to.

                          Clause No. 153 amended and agreed to.

                          Clause No. 154 agreed to.

                          Clause No. 155 read.

                 The Hon. I. Gilfillan moved on page 116, line 15, to leave out “under or with the approval of the Minister,”.

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

                          Clause No. 155 agreed to.

                          Clauses No. 156 to 167 agreed to.

                          Clause No. 168 read.

                 The Hon. I. Gilfillan moved on page 126, lines 17 to 23, to leave out paragraphs (b) and (c).

                 The Minister for Transport and Urban Planning moved on page 126, lines 17 and 18, to leave out “made by the Valuer-General and valuations made by a valuer employed or engaged by the council” and insert “under subsection (2)(a) and (b)”.

                 Question - That all words down to but excluding “made by the Valuer-General” in line 17, stand as printed - put and passed.

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

                          Clause No. 168, as amended and otherwise amended, agreed to.

                          Clauses No. 169 to No. 171 agreed to.

                          Clause No. 172 read.

                 The Hon. I. Gilfillan moved on page 129, line 19, to leave out “council areas” and insert “its area”.

                 The Minister for Transport and Urban Planning moved on page 129, line 19, before “reflect” to insert “in so far as may be relevant”.

                 The Hon. I. Gilfillan, by leave, withdrew his amendment.

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

                 The Hon. T. G. Cameron moved on page 129, after line 32, to insert the following:

                          “(iva)   issues of equity arising from circumstances where ratepayers provide or maintain infrastructure that might otherwise be provided or maintained by the council;”

                 The Hon. I. Gilfillan moved on page 129, after line 32, to insert the following:

                          “(iva)   issues of equity arising from circumstances where ratepayers provide or maintain infrastructure that might otherwise be provided or maintained by the council, with particular reference to situations involving retirement villages;”

                 Amendment, by leave, withdrawn.

 

 

                 Question - That the amendment moved by the Hon. T. G. Cameron be agreed to - put and passed.

                 The Hon. I. Gilfillan moved after “council” in new subparagraph (iva) to insert
“, with particular reference to situations involving retirement villages”.

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

                          Clause No. 172, as amended and otherwise amended, agreed to.

                          Clauses No. 173 to No. 181 agreed to.

_____________________

 

And it being twelve of the clock:

FRIDAY 30 JULY 1999

_____________________

 

                          Clause No. 182 amended and agreed to.

                          Clauses No. 183 to No. 206 agreed to.

                          Clause No. 207 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 motion.

 

 

33.

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

Message No. 81

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Administration and Probate Act 1919, the Bail Act 1985, the Children’s Protection Act 1993; the Correctional Services Act 1982, the Crimes at Sea Act 1998, the Criminal Law (sentencing) Act 1988, the District Court Act 1991, the Magistrates Court Act 1991, the Statutes Amendment (Fine Enforcement) Act 1998, the Summary Offences Act 1953, the Summary Procedure Act 1921, the Young Offenders Act 1993 and the Youth Court Act 1993; and to repeal the Appeal Costs Fund Act 1979, without any amendment.

House of Assembly, 28 July 1999.                                                                  J.K.G. OSWALD, Speaker.

 

Messages from

House of

Assembly:

Statutes

Amendment

and Repeal

(Justice Portfolio) Bill.

 

 

Message No. 82

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Mining Act 1971 and to make related amendments to the Development Act 1993, to which it desires the concurrence of the Legislative Council.

House of Assembly, 28 July 1999.                                                                  J.K.G. OSWALD, Speaker.

                 Bill read a first time.

                 Ordered - That the second reading be taken into consideration on motion.

 

Mining

(Private Mines)

Amendment Bill.

34.

At five minutes past twelve o’clock midnight the sitting was suspended until the ringing of the bells.

                 At ten o’clock a.m. the sitting was resumed.

 

Suspension and

Resumption of

Sitting.

 

35.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Local Government Bill.

 

In the Committee

 

                          Clause No. 207 further considered, amended and agreed to.

                          Clause No. 208 read.

                 The Hon. T. G. Cameron moved on page 154, after line 3, to insert the following:

‘“Capital City Committee” means the Committee of that name established under the City of Adelaide Act 1988;’

                 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.

 

Local 

Government

Bill.

36.

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

                 Debate resumed.

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

 

Industrial and Employee Relations (Workplace Relations) Amendment Bill.

 

37.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Local Government Bill.

 

In the Committee

 

                          Clause No. 208 which the Hon. T. G. Cameron had moved to amend on page 154, after line 3, by inserting the following:

‘“Capital City Committee” means the Committee of that name established under the City of Adelaide Act 1988;’ - further considered.

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

                 Question - That Clause No. 208, as amended and otherwise amended, stand part of the
Bill - put.

            Committee divided:

Local 

Government

Bill.

 

Ayes, 9.

The Hon. T. Crothers

The Hon. J.S.L. Dawkins

The Hon. K. T. Griffin

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. A. J. Redford

The Hon. J. F. Stefani

The Hon. N. Xenophon

The Hon. T. G. Cameron (Teller)

  Noes, 6.

The Hon. P. Holloway

The Hon. S. M. Kanck

The Hon. T. G. Roberts

The Hon. G. Weatherill

The Hon. C. Zollo

The Hon. I. Gilfillan (Teller)

 

 

 

        So it was resolved in the affirmative.

                          Clause No. 209 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 motion.

 

 

38.

At two 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.

 

39.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Local Government Bill.

 

In the Committee

 

                          Clause No. 209 further considered, amended and agreed to.

                          Clauses No. 210 to No. 214 agreed to.

                          Clause No. 215 amended and agreed to.

                          Clauses No. 216 to No. 219 agreed to.

                          Clause No. 220 amended and agreed to.

                          Clauses No. 221 to No. 241 agreed to.

                          Clause No. 242 amended and agreed to.

                          Clauses No. 243 to No. 251 agreed to.

                          Clause No. 252 amended and agreed to.

                          Clauses No. 253 to No. 263 agreed to.

                          Clause No. 264 read.

                 The Hon. I. Gilfillan moved on page 189, line 22, to leave out “or” and insert “and”.

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

                          Clause No. 264 agreed to.

                          Clause No. 265 agreed to.

 

 

                          Clause No. 266 amended and agreed to.

                          Clause No. 267 amended and agreed to.

                          Clauses No. 268 to No. 276 agreed to.

                          Clause No. 277 read.

                 The Hon. I. Gilfillan moved on page 202, line 10, to leave out paragraph (d).

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

                          Clause No. 277 agreed to.

                          Clauses No. 278 to No. 300 agreed to.

                          New clause No. 300A inserted.

                          Clauses No. 301 to No. 303 agreed to.

                          Clause No. 304 read.

                 The Hon. I. Gilfillan moved on page 213, line 22, to leave out “should, so far as is reasonably practicable” and insert “must”.

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

                          Clause No. 304 agreed to.

                          Schedule 1 amended and agreed to.

                          Schedule 2 read.

                 The Minister for Transport and Urban Planning moved on page 224, lines 3 to 12, to leave out clause 15 of the Schedule and insert the following:

                               Principles of competitive neutrality

                                           15. If a subsidiary is declared by its charter to be involved in a significant business activity, the charter must also specify the extent to which the principles of competitive neutrality1 are to be applied to the activities of the subsidiary and, to the extent that may be relevant, the reasons for any non-application of these principles.

                                        1.       See Part 4 of the Government Business Enterprises (Competition) Act 1996.

                 The Hon. I. Gilfillan moved on page 224, line 12, to leave out “or principle”.

                 Question - That all words in clause 15 of the Schedule down to but excluding “or principle” stand as printed - put and negatived.

                 Question - That the remaining words in clause 15 stand as printed - put and negatived.

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

                 The Hon. I. Gilfillan moved on page 232, lines 1 and 2, to leave out “and with the approval of the Minister”.

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

                          Schedule 2, as amended and otherwise amended, agreed to.

                          New Schedule 2A inserted.

                          Schedule 3 agreed to.

                          Schedule 4 amended and agreed to.

                          Schedule 5 agreed to.

                          Schedule 6 agreed to.

                          Schedule 7 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 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.

 

 

40.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 7, No. 9, No. 10 and No. 15 to No. 21 be postponed and taken into consideration after Order of the Day (Government Business) No. 22.

 

Postponement

of Business.

41.

The Council, according to order, resolved itself into a Committee of the Whole for the  consideration of Message No. 79 from the House of Assembly relating to the Australia Acts (Requests) Bill.

 

In the Committee

 

                          Resolved - That the amendment be agreed to.

_____________________

 

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

 

Australia Acts (Requests) Bill.

 

42.

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

                 Debate resumed.

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

 

Industrial and Employee

Relations

(Workplace Relations) Amendment Bill.

 

43.

Ordered - That the second reading of the Mining (Private Mines) Amendment Bill be taken into consideration forthwith.

                 The Attorney-General moved - That the Mining (Private Mines) Amendment Bill be now read a second time.

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

 

Mining

(Private Mines) Amendment Bill.

44.

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

 

Postponement

of Business.

45.

Council adjourned at ten minutes to five o’clock p.m. on Friday, 30 July 1999, 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