SOUTH AUSTRALIA]

No. 31

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

THURSDAY  29  AUGUST  2002

 

 

 

   1.

Council met pursuant to adjournment.  The President (The Hon. R. R. Roberts) took the Chair.

                 The President read prayers.

 

Meeting of
Council.

   2.

The Minister for Agriculture, Food and Fisheries (The Hon. P. Holloway), 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 be postponed and taken into consideration after Order of the Day (Government Business) No. 19.

 

Postponement
of Business.

   4.

Ordered - separately - That Orders of the Day (Government Business) No. 1 and No. 2 be postponed and taken into consideration on motion.

 

Postponement
of Business.

   5.

Ordered - That Order of the Day (Government Business) No. 3 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

   6.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Appropriation 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.

 

Appropriation Bill.

   7.

Ordered - That Orders of the Day (Government Business) No. 5 to No. 19 and Notice of Motion (Government Business) No. 1 be postponed and taken into consideration after Order of the Day (Private Business) No. 2.

 

Postponement
of Business.

   8.

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

 

Postponement
of Business.

   9.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. R. D. Lawson -

            I.      That a Select Committee of the Legislative Council be appointed to investigate and report upon -

(a)     The operation of the Pitjantjatjara Land Rights Act 1981;

(b)       Opportunities for, and impediments to, enhancement of the cultural life and the economic and social development of the traditional owners of the lands; and

                    (c)    The past activities of the Pitjantjatjara Council in relation to the lands.

Operation of the
Pitjantjatjara Land
Rights Act 1981 -
Motion for Select
Committee on.

 

 

          II.      That the Committee consist of six Members and that the quorum of Members necessary to be present at all meetings of the Committee be fixed at four Members and that Standing Order No. 389 be so far suspended as to enable the Chairperson of the Committee to have a deliberative vote only.

         III.      That this Council permits the Select Committee to authorise the disclosure or publication, as it sees fit, of any evidence or documents presented to the Committee prior to such evidence being reported to the Council.

Suspension of
Standing Orders.

 

 

         IV.      Standing Order No. 396 be suspended to enable strangers to be admitted when the Select Committee is examining witnesses unless the Committee otherwise resolves, but they shall be excluded when the Committee is deliberating:

                 Debate resumed.

                 The Minister for Aboriginal Affairs and Reconciliation moved to amend the motion in Paragraph I (c), after “Pitjanjatjara Council” by inserting “and Anangu Pitjantjatjara Executive” and after paragraph I (c) by inserting:

                 “(c)  Future governance required to manage the lands and ensure efficient and effective delivery of human services and infrastructure; and

                  (d)   Any other matters.”

                 Question - That the amendments moved by the Minister for Aboriginal Affairs and Reconciliation, be agreed to - put and passed.

                 Question - That the motion moved by the Hon. R. D. Lawson and as amended by the Minister for Aboriginal Affairs and Reconciliation, be agreed to - put and passed.

Suspension of
Standing Orders.

 

 

                The Hon. R. D. Lawson moved - That the Select Committee consist of the Minister for Aboriginal Affairs and Reconciliation, the Hon. J. M. Gazzola, the Hon. S. M. Kanck, the Hon. C. V. Schaefer, the Hon. N. Xenophon and the mover.

                Question put and passed.

                 The Hon. R. D. Lawson moved - That the Select Committee have power to send for persons, papers and records, to adjourn from place to place and to report on Wednesday,
16 October 2002.

                 Question put and passed.

 

Select  Committee
Appointed.

 

10.

The Minister for Aboriginal Affairs and Reconciliation tabled a copy of a letter from Mr. Michael Dodson to the Minister for Aboriginal Affairs and Reconciliation, dated 15 August 2002.

 

Paper Tabled.

11.

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

 

Postponement
of Business.

12.

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

 

Postponement
of Business.

13.

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

 

Postponement
of Business.

14.

Ordered - That Order of the Day (Government Business) No. 9 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

15.

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

                 Debate resumed.

                 Question put and passed.

                 Bill read a second time.

 

Shop Trading Hours
(Miscellaneous)
Amendment
Bill.

 

                 The Hon. R. D Lawson, having obtained leave to amend the motion of which Contingent Notice had been given, moved -

I.That this Bill be referred to a Select Committee;

                II.      That it be an instruction to the Select Committee that it have power to consider new clauses in relation to amendment of the Industrial and Employee Relations Act 1994 and the Retail and Commercial Leases Act 1995 and to report on the economic and industrial impact of the Bill on both employees and employers;

               III.      That Standing Order No. 389 be so far suspended as to enable the Chairperson of the Committee to have a deliberative vote only;

               IV.      That this Council permits the Select Committee to authorise the disclosure or publication, as it thinks fit, of any evidence presented to the Committee prior to such evidence being reported to the Council; and

                V.      That Standing Order No. 396 be suspended to enable strangers to be admitted when the Select Committee is examining witnesses unless the Committee otherwise resolves, but they shall be excluded when the Committee is deliberating.

                 The Hon. M. J. Elliott, pursuant to contingent notice, moved -

I.      That this Bill be referred to a Select Committee;

                II.      That it be an instruction to the Select Committee that it have power to -

                          (a)    Inquire into the likely impact of changed trading hours on the level of market domination by a small number of retailers, and the consequent effect on their competitors and suppliers, in particular -

                                    (i)     Is it likely to be anticompetitive in the longer term?

                                   (ii)     What is the likely long term impact on prices?

                          (b)    Consider new clauses in relation to amendments to this Bill, the Industrial and Employee Relations Act 1994 and the Retail and Commercial Leases Act 1995 and to report on the economic, industrial and social impact of the Bill on both employees (including their families) and employers;

                          (c)    Inquire into any other related matter.

        III.      That the Committee consist of six Members and that the quorum of Members necessary to be present at all meetings of the Committee be fixed at four Members and that Standing Order No. 389 be so far suspended as to enable the Chairperson of the Committee to have a deliberative vote only;

        IV.      That this Council permits the Select Committee to authorise the disclosure or publication, as it thinks fit, of any evidence presented to the Committee prior to such evidence being reported to the Council; and

         V.      That Standing Order No. 396 be suspended to enable strangers to be admitted when the Select Committee is examining witnesses unless the Committee otherwise resolves, but they shall be excluded when the Committee is deliberating.

                          Question - That the motion moved by the Hon. R. D. Lawson be agreed to - put.

 

 

             Council divided:

Ayes, 11

The Hon. T. G. Cameron

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. D. V. Laidlaw

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. T. J. Stephens

The Hon. R. D. Lawson (Teller)

      So it was resolved in the affirmative.

 

Noes, 8

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. P. Holloway

The Hon. S. M. Kanck

The Hon. T. G. Roberts

The Hon. R. K. Sneath

The Hon. C. Zollo

The Hon. M. J. Elliott (Teller)

 

 

 

 

                The Hon. R. D. Lawson moved - That the Select Committee consist of the Minister for Aboriginal Affairs and Reconciliation, the Hon. M. J. Elliott, the Hon. T. J. Stevens, the Hon. C. Zollo and the mover.

                Question put and passed.

                 The Hon. R. D. Lawson moved - That the Select Committee have power to send for persons, papers and records, to adjourn from place to place and to report on Wednesday,
16 October 2002.

                 Question put and passed.

 

Select Committee
Appointed.

16.

Ordered - That Orders of the Day (Government Business) No. 11 to No. 19 be postponed and taken into consideration after Notice of Motion (Government Business) No. 1.

 

Postponement
of Business.

17.

The Minister for Agriculture, Food and Fisheries, having obtained leave to amend the motion for which Notice had been given, moved:

          I.      That, in the opinion of this Council, a Joint Committee be appointed to inquire into and report on the question whether the immunity from prosecution for certain sexual offences committed before 1 December 1982 conferred by the former section 76A of the Criminal Law Consolidation Act 1935 remaining after its repeal by the Criminal Law Consolidation Amendment Act 1985 should be removed in whole or in part (“the removal of immunity”) and, in particular, to consider and report on -

                          (a)    the Criminal Law Consolidation (Abolition of Time Limit for Prosecution of Certain Sexual Offences) Amendment Bill 2002;

                          (b)    whether it is right, in principle and in policy, that a legislative immunity from prosecution, once conferred upon a person, should be retrospectively removed by Act of Parliament;

                          (c)    whether the importance of bringing alleged offenders to the attention of the criminal justice system should override the difficulties (if any) of the removal of immunity;

                          (d)    whether the removal of immunity should be limited to offences allegedly committed against children under the age of 12 years; and

                          (e)    the relevance (if any) of the issues of contaminated or repressed memory in determining the question of the removal of immunity.

         II.      That, in the event of a Joint Committee being appointed, the Legislative Council be represented thereon by three Members, of whom two shall form a quorum of Council Members necessary to be present at all sittings of the Committee.

        III.      That a Message be sent to the House of Assembly transmitting the foregoing Resolution and requesting its concurrence thereto.

                Debate ensued.

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

 

Immunity from
Prosecution for
Certain Sexual
Offences -
Motion for
Joint Committee on.

18.

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

 

Postponement
of Business.

19.

Ordered - That Order of the Day (Government Business) No. 12 be postponed and taken into consideration on motion.

 

Postponement
of Business.

20.

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

                 Debate resumed.

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

 

Legal Services
Commission
(Miscellaneous)
Amendment Bill.

21.

On the Order of the Day being read for the adjourned debate on the question - That the  Criminal Law Consolidation (Offences of Dishonesty) Amendment Bill be now read a second time:

                 Debate resumed.

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

 

Criminal Law
Consolidation
(Offences of
Dishonesty)
Amendment Bill.

22.

On the Order of the Day being read for the adjourned debate on the question - That the Criminal Law Consolidation (Territorial Application of the Criminal Law) Amendment Bill be now read a second time:

                 Debate resumed.

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

 

Criminal Law
Consolidation
(Territorial
Application of the
Criminal Law)
Amendment Bill.

23.

On the Order of the Day being read for the adjourned debate on the question - That the Law Reform (Delay in Resolution of Personal Injury Claims) 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.

 

Law Reform
(Delay in
Resolution  of
Personal Injury
Claims)
Amendment Bill.

24.

On the Order of the Day being read for the adjourned debate on the question - That the Ombudsman (Honesty and Accountability in Government) Amendment Bill be now read a second time:

                 Debate resumed.

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

 

Ombudsman
(Honesty and
Accountability in
Government)
Amendment Bill.

25.

Ordered - That Orders of the Day (Government Business) No. 18 and No. 19 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

26.

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

 

In the Committee

 

                          Clause No. 1 further considered.

                 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.

 

Appropriation Bill.

27.

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

Message No. 50

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Stamp Duties Act 1923, to which it desires the concurrence of the Legislative Council.

House of Assembly, 29 August 2002.                                                                        I. P. LEWIS, Speaker.

                 Bill read a first time.

                 The Minsiter for Agriculture, Food and Fisheries then moved - That this Bill be now read a second time.

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

 

Message from
House of Assembly:
Stamp Duties
(Gaming Machine
Surcharge)
Amendment Bill.

 

28.

At seven 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.

29.

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

                 By the Hon. A. L. Evans from 26 residents of South Australia concerning Teen Challenge SA Inc.  The Petitioners pray that this Honourable House will -

  1. Amend the Retail and Commercial Leases Act 1995 so as to limit the circumstances in which landlords may claim additional rent, not previously claimed, where to do so is unfair or unreasonable in all the circumstances of the particular case, if the demand is not made within twelve months.
  2. Alternatively, urge the State Government to provide financial support to Teen Challenge SA Inc. in relation to the claim made by the landlord.

 

Petition No. 10 -
Teen Challenge
SA Inc.

 

30.

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

        By the President -

                Auditor-General’s Final Report on the Port Adelaide Waterfront Redevelopment Project: Misdirection of Bid Documents.

       By the Minister for Aboriginal Affairs and Reconciliation (Hon. T. G. Roberts):

                 Review of the Delivery of Services to People with Disabilities on the Anangu Pitjantjatjara Lands.

 

Papers.

31.

The Minister for Agriculture, Food and Fisheries tabled a Ministerial Statement made by the Premier, (Hon. M. D. Rann, M.P.) concerning Caulerpa Taxifolia.

 

Paper Tabled.

32.

The Minister for Agriculture, Food and Fisheries tabled a Ministerial Statement made by the Premier, (Hon. M. D. Rann, M.P.) concerning South Australia’s Support of the Kyoto Protocol.

 

Paper Tabled.

33.

The Minister for Aboriginal Affairs and Reconciliation tabled a Ministerial Statement made by the Minister for Health (The Hon. L. Stevens, M.P.) concerning Allegations of Private Patient Discrimination.

 

Paper Tabled.

34.

The Minister for Aboriginal Affairs and Reconciliation tabled a Ministerial Statement made by the Minister for Local Government (The Hon. J. Weatherill, M.P.) concerning the Minister’s Local Government Forum.

 

Paper Tabled.

35.

The Hon. M. J. Elliott, without notice, moved - That the Standing Orders be so far suspended as to enable him to move a motion without notice.

                 Debate ensued.

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

Suspension of
Standing  Orders.

 

 

                 The Hon. M. J. Elliott then moved -

          I.      That a Select Committee be appointed to inquire into and report on -

                          (a)    The likely impact of changed retail trading hours on the level of market domination by a small number of retailers, and the consequent effect on their competitors and suppliers, in particular -

                                    (i)     Is it likely to be anticompetitive in the longer term?

                                   (ii)     What is the likely long term impact on prices?

                          (b)    Any other related matter.

Shop Trading
Hours -
Motion for

Select Committee.

 

 

         II.      That Standing Order No. 389 be so far suspended as to enable the Chairperson of the Committee to have a deliberative vote only;

        III.      That this Council permits the Select Committee to authorise the disclosure or publication, as it thinks fit, of any evidence presented to the Committee prior to such evidence being reported to the Council;

Suspension of
Standing  Orders.

 

 

        IV.      That Standing Order No. 396 be suspended to enable strangers to be admitted when the Select Committee is examining witnesses unless the Committee otherwise resolves, but they shall be excluded when the Committee is deliberating; and

         V.      That the first meeting of the Select Committee be convened after the Report is tabled of the Select Committee on the Shop Trading Hours (Miscellaneous) Amendment Bill.

                 Debate ensued.

                 And the Hon. R. D. Lawson having sought leave to conclude his remarks:

                 Leave denied.

Suspension of
Standing  Orders.

 

 

                 The Hon. J. F. Stefani moved to amend the motion after paragraph (a) by inserting new paragraph as follows:

                          “(b)             the social consequences of changed trading hours; and”.

                 The Hon. A. J. Redford moved - That the debate be now adjourned.

                 Question put -

 

 

             Council divided:

Ayes, 14

The Hon. J.S.L. Dawkins

The Hon. G. E. Gago

The Hon. J. Gazzola

The Hon. P. Holloway

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. D. W. Ridgway

The Hon. T. G. Roberts

The Hon. C. V. Schaefer

The Hon. R. K. Sneath

The Hon. T. J. Stephens

The Hon. C. Zollo

The Hon. A. J. Redford (Teller)

      So it was resolved in the affirmative.

 

Noes, 5

The Hon. T. G. Cameron

The Hon. A. L. Evans

The Hon. S. M. Kanck

The Hon. J. F. Stefani

The Hon. M. J. Elliott (Teller)

 

 

 

 

                Ordered - That the adjourned debate be take into consideration on motion.

 

 

36.

Ordered - That the adjourned debate on the on the question - That the Statutes Amendment (Third Party Bodily Injury Insurance) Bill be now read a second time - be now resumed.

                 Debate resumed.

                 Question put and passed.

                 Bill read a second time.

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

 

Statutes Amendment
(Third Party Bodily
Injury Insurance)
Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 19 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 Agriculture, Food and Fisheries, 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.

 

 

37.

Ordered - That the adjourned debate on the on the question - That the Recreational Services (Limitation of Liability) Bill be now read a second time - be now resumed.

                 Debate resumed.

                 Question put and passed.

                 Bill read a second time.

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

 

In the Committee

 

                          Clauses No. 1 and No. 2 agreed to.

                          Clause No. 3 read.

                 The Hon. R. D. Lawson moved on page 3, after line 10, to insert new definition as follows:

    ‘“negative” – a motion before the House of Assembly or the Legislative Council is, for the purposes of this Act, taken to have been negatived if the motion is defeated or the notice of motion lapses;’

                 Question - That the amendment be agreed to - put.

Recreational
Services
(Limitation of
Liability) Bill.

 

             Council divided:

Ayes, 9

The Hon. T. G. Cameron

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. R. D. Lawson (Teller)

      So it was resolved in the affirmative.

 

Noes, 6

The Hon. J. M. Gazzola

The Hon. S. M. Kanck

The Hon. T. G. Roberts

The Hon. R. K. Sneath

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

 

 

                          Clause No. 3, as amended and otherwise amended, agreed to.

                          Clause No. 4 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 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.

39.

Ordered - That the adjourned debate on the motion of the Hon. C. V. Schaefer - That the Regulations under the Fisheries Act 1982 concerning Fishing Activities, made on 20 June 2002 and laid on the Table of the Council on 9 July 2002, be disallowed - be now resumed.

                 Debate resumed.

                 Question put.

Fisheries Act -
Regulations -
Fishing Activities -
Motion for
disallowance of.

 

             Council divided:

Ayes, 8

The Hon. T. G. Cameron

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. D. W. Ridgway

The Hon. J. F. Stefani

The Hon. C. V. Schaefer (Teller)

      So it was resolved in the affirmative.

 

 

Noes, 6

The Hon. J. M. Gazzola

The Hon. S. M. Kanck

The Hon. T. G. Roberts

The Hon. R. K. Sneath

The Hon. C. Zollo

The Hon. P. Holloway(Teller)

 

 

 

40.

The Minister for Agriculture, Food and Fisheries, according to order, moved - That the Statutes Amendment (Honesty and Accountability in Government) Bill be now read a second time.

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

 

Statutes Amendment
(Honesty and
Accountability in
Government) Bill.

 

41.

The Minister for Agriculture, Food and Fisheries, according to order, moved - That the Gaming Machines (Gaming Tax) Amendment Bill be now read a second time.

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

 

Gaming Machines
(Gaming Tax)
Amendment Bill.

 

42.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Recreational Services (Limitation of Liability) Bill.

 

In the Committee

 

                          The Hon. A. J. Redford moved on page 3, after line 27, to insert new clause as follows:

Establishment of South Australian Office of Risk Management

          3A. (1) The Minister must establish a South Australian Office of Risk Management.

          (2) The Office has the following functions:

(a)       to determine world best practice with regard to risk management;

(b)       to offer free advice on matters relating to insurance and risk management;

(c)       to implement and conduct education programs on risk management;

(d)       to assist providers in developing and obtaining approval for codes of practice.”

                          Question - That new clause No. 3A, as proposed to be inserted by the Hon. A. J. Redford, be so inserted - put and negatived.

                                   Clause No. 4 amended and agreed to.

                                   Clauses No. 5 and No. 6 agreed to.

                                   Clause No. 7 amended and agreed to.

                                   Clauses No. 8 to No. 10 agreed to.

                                   New clause No. 11 inserted.

                                   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 Agriculture, Food and Fisheries, 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.

 

Recreational
Services
(Limitation of Liability) Bill.

  43.

Ordered - That the adjourned debate on the question - That the Wrongs (Liability and Damages for Personal Injury) Amendment Bill be now read a second time - be now resumed.

                 Debate resumed.

                 Question put and passed.

                 Bill read a second time.

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

 

Wrongs (Liability
and Damages for
Personal Injury)
Amendment Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 6 agreed to.

                          New clause No. 7 inserted.

                          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 Minister for Agriculture, Food and Fisheries, 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.

 

 

44.

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

 

In the Committee

 

                          Clause No. 1 further considered and agreed to.

                          Clauses No. 2 to No. 8 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 Agriculture, Food and Fisheries, 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.

 

Appropriation Bill.

45.

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

 

Postponement
of Business.

46.

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

Message No. 51

                 MR. PRESIDENT - The House of Assembly informs the Legislative Council that it concurs with the Resolution of the Legislative Council contained in Message No. 31 for the appointment of a Joint Committee on Immunity from Prosecution for Certain Sexual Offences, and that the House of Assembly will be represented on the Committee by three Members, of whom two shall form the quorum necessary to be present at all sittings of the Committee.

House of Assembly, 29 August 2001.                                                                        I. P. LEWIS, Speaker.

Message from
House of Assembly:
Joint Committee
on Immunity from
Prosecution for
Certain Sexual
Offences.

 

 

                 Ordered - That the Message be taken into consideration forthwith.

                 The Minister for Agriculture, Food and Fisheries then moved - That the Members of this Council on the Joint Committee be the Hon. A. L. Evans, the Hon. G. E. Gago and the Hon. R. D. Lawson.

                 Question put and passed.

 

Members
Appointed.

47.

Ordered - That the adjourned debate on the motion of the Hon. M. J. Elliott -

          I.      That a Select Committee be appointed to inquire into and report on -

                          (a)    The likely impact of changed retail trading hours on the level of market domination by a small number of retailers, and the consequent effect on their competitors and suppliers, in particular -

                                    (i)     Is it likely to be anticompetitive in the longer term?

                                   (ii)     What is the likely long term impact on prices?

                   (b)    Any other related matter.

Shop Trading
Hours -
Motion for

Select Committee.

 

 

         II.      That Standing Order No. 389 be so far suspended as to enable the Chairperson of the Committee to have a deliberative vote only;

        III.      That this Council permits the Select Committee to authorise the disclosure or publication, as it thinks fit, of any evidence presented to the Committee prior to such evidence being reported to the Council;

        IV.      That Standing Order No. 396 be suspended to enable strangers to be admitted when the Select Committee is examining witnesses unless the Committee otherwise resolves, but they shall be excluded when the Committee is deliberating; and

         V.      That the first meeting of the Select Committee be convened after the Report is tabled of the Select Committee on the Shop Trading Hours (Miscellaneous) Amendment Bill.

                 Which the Hon J. F. Stefani had moved to amend after paragraph (a) by inserting new paragraph as follows:

                          “(b)             the social consequences of changed trading hours; and” - be now resumed.

                Debate resumed.

                The Hon. A. L. Evans moved to amend the motion by inserting new paragraph after paragraph V as follows:

“VI.      That the first meeting of the Select Committee be convened after the Report is tabled of the Select Committee on the Shop Trading Hours (Miscellaneous) Amendment Bill.”

         Question - That the amendment moved by the Hon. J. F. Stefani be agreed to - put and passed.

         Question - That the amendment moved by the Hon. A. L. Evans be agreed to - put and passed.

                Question - That the motion moved by the Hon. M. J. Elliott and as amended by the Hon. J. F. Stefani and the Hon. A. L. Evans, be agreed to - put and passed.

 

 

                The Hon. S. M. Kanck moved - That the Select Committee consist of the Minister for Aboriginal Affairs and Reconciliation, the Hon. M. J. Elliott, the Hon. A. J. Redford, the Hon. T. J. Stephens and the Hon. C. Zollo.

                Question put and passed.

                The Hon. S. M. Kanck moved - That the Select Committee have power to send for persons, papers and records, to adjourn from place to place and to report on Wednesday, 20 November 2002.

 

Select Committee
appointed.

48.

At twenty eight minutes to eleven o’clock the sitting was suspended until the ringing of the bells.

                 At three minutes to twelve o’clock the sitting was resumed.

 

Suspension and
Resumption of
Sitting.

49.

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

Message No. 52

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Native Vegetation Act 1991 and to make a related amendment to the Development (System Improvement Program) Amendment Act 2000, to which it desires the concurrence of the Legislative Council.

House of Assembly, 29 August 2002.                                                                        I. P. LEWIS, Speaker.

                 Bill read a first time.

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

 

Messages from
House of Assembly:
Native Vegetation
(Miscellaneous)
Amendment Bill.

 

 

Message No. 53

                 MR. PRESIDENT - The House of Assembly has agreed to the amendments made by the Legislative Council in the Recreation Services (Limitation of Liability) Bill, without any amendment.

House of Assembly, 29 August 2002.                                                                        I. P. LEWIS, Speaker.

_____________________

 

And it being twelve of the clock:

FRIDAY 30 AUGUST 2002

_____________________

 

Recreation Services
(Limitation of
Liability) Bill.

 

 

Message No. 54

                 MR. PRESIDENT - The House of Assembly has agreed to the amendment made by the Legislative Council in the Wrongs (Liability and Damages for Personal Injury) Amendment Bill, without any amendment.

House of Assembly, 29 August 2002.                                                                        I. P. LEWIS, Speaker.

 

Wrongs (Liability
and Damages for
Personal Injury)
Amendment Bill.

 

50.

The Minister for Agriculture, Food and Fisheries moved - That the Council, at its rising, do adjourn until Monday, 14 October 2002.

                Debate ensued.

                Question put and passed.

 

Next Day
of Sitting.

51.

Council adjourned at five minutes past twelve o’clock midnight until Monday, 14 October 2002, at fifteen minutes past two o’clock.

 

Adjournment.

 

_________________________

 

 

 

 

 

Members present during any part of the sitting:

 

 

 

The Hon. T. G. Cameron

The Hon. J.S.L. Dawkins

The Hon. M. J. Elliott

The Hon. A. L. Evans

The Hon. G. E. Gago

The Hon. J. Gazzola

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. A. J. Redford

The Hon. D. W. Ridgway

The Hon. T. G. Roberts

 

The Hon. C. V. Schaefer

The Hon. R. K. Sneath

The Hon.  J. F. Stefani

The Hon. T. J. Stephens

The Hon. C. Zollo