SOUTH AUSTRALIA]

No. 17

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  29  NOVEMBER  2000

 

 

 

   1.

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

                 The President read prayers.

 

Meeting of
Council.

    2.

A Messenger from the Governor having been announced by Black Rod, the following Message was received and read:

Message No. 3.

                 The Governor informs the Legislative Council that, in the name and on behalf of Her Majesty The Queen, the following Act has been assented to during the present Session, viz.:

                 No. 65 of 2000 - An Act to amend the Associations Incorporation Act 1985.

Government House, Adelaide, 29 November 2000.                                                  E. J. NEAL, Governor.

 

Message from
Governor:
Assent to Bill.

   3.

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

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

                 Education Report, 1999-2000.

                 Education Adelaide Corporation Charter, 2000-2001.

 

Papers.

   4.

The Hon. A. J. Redford brought up the Report of the Legislative Review Committee concerning an inquiry into a Proposal to create a Public Interest Advocate in relation to Listening Devices.

                 Ordered - That the Report be printed.  (Paper No. 201)

Legislative
Review

Committee -
Report concerning
an inquiry into
a Proposal to
create a Public
Interest Advocate
in relation to
Listening Devices.

   5.

The Hon. A. J. Redford brought up the Seventh Report, 2000-2001 of the Legislative Review Committee, which was read by the Clerk as follows:-

                 The Regulation and By-laws listed hereunder are at present being considered by the Legislative Review Committee.  Evidence is being taken on these matters and it is necessary for a Notice of Motion for Disallowance to be given in both Houses before the expiration of 14 sitting days to allow the Committee time to complete its deliberations.

                 Honourable Members are warned that after further consideration has been given to the Regulation and By-laws, the Committee may decide to take no further action.

                 Regulation referred to:

                          Water Resources Act 1997 - Holding Allocation Exemption.

                 By-laws referred to:

                          Local Government Act 1999 - City of Charles Sturt  -

                                   No. 2 - Moveable Signs.

                                   No. 3 - Local Government Land.

                                   No. 4 - Streets and Roads.

                                   No. 5 - Lodging Houses.

                                   No. 6 - Dogs.

 

Legislative
Review
Committee -
Seventh Report,
2000-2001.

   6.

The Hon. A. J. Redford brought up the Eighth Report, 2000-2001 of the Legislative Review Committee.

 

Legislative
Review
Committee -
Eighth Report,
2000-2001.

   7.

The Hon. L. H. Davis brought up the Report of the Statutory Authorities Review Committee on its Inquiry into the Operations of the South Australian Community Housing Authority.

                 Ordered - That the Report be printed.  (Paper No. 200)

 

Statutory
Authorities Review
Committee -
Report on Inquiry
into the Operations
of the South
Australian
Community
Housing Authority.

   8.

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

 

Statements
on Matters
of Interest.
 

   9.

Ordered - That Notice of Motion (Private Business) No. 1 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

10.

The Hon. J.S.L. Dawkins, pursuant to notice, moved - That the Report of the Environment, Resources and Development Committee concerning Native Fauna and Agriculture, be noted.

                 Debate ensued.

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

 

Environment,
Resources and
Development
Committee -
Report on
Native Fauna
and Agriculture
be noted -
Motion re.

11.

The Hon. M. J. Elliott, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to establish the Gambling Impact Authority and to provide for its functions and powers; and for other purposes.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. M. J. Elliott then moved - That this Bill be now read a second time.

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

 

Gambling
Impact
Authority Bill.

12.

The Hon. N. Xenophon, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to establish the Gaming Machines Act 1992.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The N. Xenophon 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.

 

Gaming
Machines
(Freeze on
Gaming Machines)
Amendment Bill.

13.

The Hon. L. H. Davis, pursuant to notice, moved - That the Report of the Statutory Authorities Review Committee on its Inquiry into the Operations of the South Australian Community Housing Authority be noted.

                 On motion of the Hon. R. K. Sneath, the debate was adjourned until next day of sitting.

 

Statutory
Authorities Review
Committee -
Report on Inquiry
into the Operations
of the South
Australian
Community
Housing Authority be noted -
Motion re.

14.

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

                 Ordered - That the time for bringing up the Report be extended until Wednesday, 14 March 2001.

 

Select Committee
on Outsourcing of
State Government
Services -
Report of Select
Committee to
be brought up.

15.

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

                 Ordered - That the time for bringing up the Report be extended until Wednesday, 14 March 2001.

 

Select Committee
on Wild Dog
Issues in the
State of South
Australia -
Report of Select
Committee to
be brought up.

16.

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

                 Ordered - That the time for bringing up the Report be extended until Wednesday, 14 March 2001.

 

Select Committee
on Internet and
Interactive Home
Gambling and
Gambling by
other means of
Telecommunication
in South Australia -
Report of Select
Committee to
be brought up.

17.

Order of the Day read for the Report of the Select Committee on the Future of the Queen Elizabeth Hospital to be brought up:

                 Ordered - That the time for bringing up the Report be extended until Wednesday, 14 March 2001.

 

Select Committee
on the Future of
the Queen
Elizabeth Hospital -
Report of Select
Committee to
be brought up.

18.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. I. Gilfillan - That the Regulations under the Botanic Gardens and State Herbarium Act 1978 concerning Admission Charges, made on 31 August 2000 and laid on the Table of this Council on 4 October 2000, be disallowed:

                 Debate resumed.

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

 

Botanic Gardens
and State
Herbarium Act -
Regulations -
Admissions
and Charges -
Motion for
disallowance of.

19.

Ordered - That Order of the Day (Private Business) No. 6 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

20.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. J.S.L. Dawkins - That the Report of the Environment, Resources and Development Committee, 1999-2000, be noted:

                 Debate resumed.

                 Question put and passed.

 

Environment,
Resources and
Development
Committee -
Report, 1999-2000,
be noted -
Motion re.

21.

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

 

Postponement
of Business.

22.

Ordered - That the adjourned debate on the motion of the Hon. I. Gilfillan - That the Regulations under the Botanic Gardens and State Herbarium Act 1978 concerning Admission Charges, made on 31 August 2000 and laid on the Table of this Council on 4 October 2000, be disallowed - be now resumed.

                 Debate resumed.

                 Question put.

Botanic Gardens
and State
Herbarium Act -
Regulations -
Admissions
and Charges -
Motion for
disallowance of.

 

              Council divided:

Ayes, 3

The Hon. M. J. Elliott

The Hon. S. M. Kanck

The Hon. I. Gilfillan (Teller)

 

 

 

 

 

 

 

 

 

 

 

 

 

      So it passed in the negative.

 

 

Noes, 16

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. R. I. Lucas

The Hon. C. A. Pickles

The Hon. A. J. Redford

The Hon. R. R. Roberts

The Hon. T. G. Roberts

The Hon. C. V. Schaefer

The Hon. R. K. Sneath

The Hon. J. F. Stefani

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. D. V. Laidlaw (Teller)

23.

At two 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.

24.

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

 

Postponement
of Business.

25.

On the Order of the Day being read for the adjourned debate on the motion of the Treasurer - That the Interim Report of the Select Committee on Internet and Interactive Home Gambling and Gambling by other means of Telecommunication in South Australia, be noted:

                 Debate resumed.

                 Question put and passed.

 

Select Committee
on Internet and
Interactive Home
Gambling and
Gambling by
other means of
Telecommunication
in South Australia -
Interim Report
be noted -
Motion re.

26.

Ordered - separately - That Orders of the Day (Private Business) No. 11 and No. 12 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

27.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. A. J. Redford - That the Report of the Legislative Review Committee concerning the Freedom of Information Act, be noted:

                 Debate resumed.

                 Question put and passed.

 

Legislative
Review
Committee -
Report on
Freedom of
Information Act
be noted -
Motion re.

28.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. M. J. Elliott - That the Regulations under the Controlled Substances Act 1984 concerning Expiation of Offences, made on 24 August 2000 and laid on the Table of this Council on 4 October 2000, be disallowed:

                 Debate resumed.

                 And the Hon. T. G. Cameron having obtained leave to conclude his remarks, the debate was adjourned until next day of sitting.

 

Controlled
Substances
Act 1984 -
Regulations -
Expiation of
Offences -
Motion for
disallowance of.

29.

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

 

Postponement
of Business.

30.

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

                 Debate resumed.

                 On motion of the Hon. T. G. Cameron, the debate was adjourned until next day of sitting.

 

Statutes
Amendment
(Dust-Related
Conditions) Bill.

31.

Ordered - That Order of the Day (Private Business) No. 21 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

32.

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

                 Debate resumed.

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

 

Constitution
(Parliamentary
Sittings)
Amendment Bill.

33.

Ordered - separately - That Orders of the Day (Private Business) No. 23 to No. 26 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

34.

The Minister for Transport and Urban Planning, pursuant to notice, moved - That this Council requests His Excellency The Governor to make a Proclamation under section 29(3) and section 28(1) of the National Parks and Wildlife Act 1972 abolishing the Naracoorte Caves Conservation Park and constituting the land formerly comprising that Park (except for four small parcels that have negligible value) as a National Park with the name Naracoorte Caves National Park.

                 Debate ensued.

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

 

Proclamation by
His Excellency
The Governor
concerning
Naracoorte Caves
Conservation Park -
Motion re.

35.

The Attorney-General, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Criminal Assets Confiscation Act 1996; the Criminal Law (Sentencing) Act 1988; the Legal Services Commission Act 1977 and the Criminal Law Consolidation 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.

 

Legal Assistance
(Restrained
Property)
Amendment Bill.

36.

The Attorney-General, according to order, moved - That the TAB (Disposal) Bill be now read a second time.

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

 

TAB (Disposal)
Bill.

37.

Order of the Day read for the Report of the Select Committee on the Adelaide Cemeteries Authority Bill to be brought up:

                 Ordered - That the time for bringing up the Report be extended until Wednesday, 14 March 2001.

Adelaide
Cemeteries
Authority Bill:
Report of Select
Committee
to be brought up.

38.

Ordered - That Orders of the Day (Government Business) No. 3 to No. 15 be postponed and taken into consideration after Order of the Day (Government Business) No. 16.

 

Postponement
of Business.

  39.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the South Australian Ports (Disposal of Maritime Assets) Bill.

 

In the Committee

 

                          Clause No. 1 further considered.

South Australian
Ports (Disposal of
Maritime Assets)
Bill.

 

                 The Treasurer, by leave, tabled a copy of a Memorandum of Understanding between the South Australian Government and the Maritime Union of Australia and the Australian Maritime Officers Union in the event that the South Australian Ports Corporation is sold by the South Australian Government.

                          Clause No. 1 agreed to.

                          Clauses No. 2 to No. 11 agreed to.

                          Clause No. 12 read.

                 To report progress and ask leave to sit again.

_____________________

 

                 The President resumed the Chair and reported progress and obtained for the Committee leave to sit again on next day of sitting.

 

Paper Tabled.

40.

Ordered - That Orders of the Day (Government Business) No. 3 to No. 10 be postponed and taken into consideration after Order of the Day (Government Business) No. 11.

 

Postponement
of Business.

41.

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

                 Debate resumed.

                 Bill read a second time.

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

 

In the Committee

 

                          Clauses No. 1 to No. 8 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 Disability Services, 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.

 

Construction
Industry Long
Service Leave
(Miscellaneous)
Amendment Bill.

42.

Ordered - That Orders of the Day (Government Business) No. 3 to No. 8 be postponed and taken into consideration after Order of the Day (Government Business) No. 9.

 

Postponement
of Business.

43.

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

                 Debate resumed.

                 On motion of the Hon. T. G. Roberts, the debate was adjourned until next day of sitting.

 

Electrical
Products Bill.

44.

Ordered - That Orders of the Day (Government Business) No. 3 to No. 8, No. 10, No. 12 to No. 15 and No. 17 be postponed and taken into consideration after Order of the Day (Government Business) No. 18.

 

Postponement
of Business.

45.

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

                 Debate resumed.

                 On motion of the Hon. L. H. Davis, the debate was adjourned until next day of sitting.

 

Racing
(Proprietary
Business
Licensing) Bill.

46.

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

Message No. 16

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to provide for the licensing and regulation of totalisator and other betting operations; and to amend the Criminal Law (Undercover Operations) Act 1995, the Gaming Supervisory Authority Act 1995, the Lottery and Gaming Act 1936 and the Workers Rehabilitation and Compensation Act 1986, to which it desires the concurrence of the Legislative Council.

House of Assembly, 29 November 2000.                                                            J.K.G. OSWALD, Speaker.         Bill read a first time.

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

 

Message from
House of
Assembly:
Authorised Betting Operations Bill.

47.

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

 

Postponement
of Business.

48.

Ordered - That the Council, at its rising, do adjourn until tomorrow at eleven o’clock a.m.

 

Next Day
of Sitting.

49.

Council adjourned at twenty-five minutes past eleven o’clock until tomorrow at eleven o’clock a.m.

 

Adjournment.

 

_________________________

 

 

 

 

 

Members present during any part of the sitting:

 

 

 

The Hon. T. G. Cameron

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. M. J. Elliott

The Hon. I. Gilfillan

The Hon. K. T. Griffin

The Hon. P. Holloway

      The Hon. S. M. Kanck

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. C. A. Pickles

The Hon. A. J. Redford

The Hon. R. R. Roberts

The Hon. T. G. Roberts

The Hon. C. V. Schaefer

The Hon. R. K. Sneath

The Hon.  J. F. Stefani

The Hon. N. Xenophon

The Hon. C. Zollo