[SOUTH AUSTRALIA]

No. 33

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY  30  MAY  2000

 

 

 

   1.

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

                 The President read prayers.

 

Meeting of

Council.

   2.

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

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

                 Regulations under the following Acts -

                          Gaming Machines Act 1992 - Fees.

                          Land Tax Act 1936 - Certificate Fees.

                          Lottery and Gaming Act 1936 - Licence Fees.

                          Petroleum Products Regulation Act 1995 - Licence Fees.

                          Tobacco Products Regulation Act 1977 - Licence Fees.

                          Water Resources Act 1997 - Fees.

                 RESI Corporation - Charter.

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

                 Road Block Establishment Authorisations - Return as per Section 74b of the Summary Offences Act 1953.

                 Regulations under the following Acts -

                          Associations Incorporation Act 1935 - Schedule 2 Fees.

                          Bills of Sale Act 1886 - Fees.

                          Business Names Act 1996 - Fees.

                          Community Titles Act 1996 - Fees.

                          Co-operatives Act 1997 - Fees.

                          Cremation Act 1891 - Fees.

                          Criminal Law (Sentencing) Act 1988 - Fees.

                          Dangerous Substances Act 1979 - Fees.

                          District Court Act 1991 - Fees in Civil Division.

                          Environment, Resources and Development Court Act 1993 -

                                   Fees.

                                   Fees and General Jurisdiction.

                          Explosives Act 1936 - Fees.

                          Magistrates Court Act 1991 - Fees - General and Minor Claims and Criminal.

                          Meat Hygiene Act 1994 - Fees.

                          Mines and Works Inspection Act 1920 - Fees.

                          Mining Act 1971 - Fees.

                          Occupational Health, Safety and Welfare Act 1986 - Fees.

                          Opal Mining Act 1995 - Fees.

 

Papers.

 

                          Pastoral Land Management and Conservation Act 1989 - Fees.

                          Petroleum Act 1940 - Licence Fees.

                          Public Trustee Act 1995 - Commission and Fees.

                          Real Property Act 1886 -

                                   Fees.

                                   Fees - Schedule 1.

                          Registration of Deeds Act 1935 - Fees.

                          Roads (Opening and Closing) Act 1991 - Fees.

                          Seeds Act 1979 - Fees.

                          Sexual Reassignment Act 1988 - Recognition Certificate Applications.

                          Sheriff’s Act 1978 - Fees.

                          State Records Act 1997 - Fees.

                          Strata Titles Act 1988 - Fees.

                          Supreme Court Act 1935 -

                                   Fees.

                                   Probate Fees.

                          Valuation of Land Act 1971 - Fees.

                          Worker’s Liens Act 1893 - Fees.

                          Youth Court Act 1993 - Fees.

        By the Minister for Justice (The Hon. K. T. Griffin) -

                 Correctional Services Advisory Council - Report, 1998-1999.

                 Regulation under the following Act -

                          Firearms Act 1977 - Fees.

        By the Minister for Correctional Services (The Hon. K. T. Griffin) -

                 Regulations under the following Acts -

                          Births, Deaths and Marriages Registration Act 1996 - Fees.

                          Building Work Contractors Act 1995 - Fees.

                          Conveyancers Act 1994 - Fees.

                          Land Agents Act 1994 - Fees.

                          Liquor Licensing Act 1997 - Fees.

                          Plumbers, Gas Fitters and Electricians Act 1995 - Fees.

                          Second-hand Vehicle Dealers Act 1995 - Fees.

                          Security and Investigation Agents Act 1995 - Fees - Regulation 21.

                          Trade Measurement Administration Act 1993 - Fees.

                          Travel Agents Act 1986 - Fees.

        By the Minister for Transport and Urban Planning (The Hon. D. V. Laidlaw) -

                 Metropolitan Adelaide - Significant Trees Control Plan Amendment Report - Report on the Interim Operation.

                 Regulations under the following Act -

                          Adoption Act 1988 - Fees.

                          Botanic Gardens and State Herbarium Act 1978 - Service Fees.

                          Controlled Substances Act 1984 -

                                   Schedule 2 Fees.

                                   Schedule D Fees.

                                   Regulation 76 Fees.

                          Crown Lands Act 1929 - Fees.

                          Development Act 1993 - Fees.

                          Environment Protection Act 1993 -

                                   Fee Unit and Miscellaneous Fees.

                                   Fees.

                          Harbors and Navigation Act 1993 - Fees.

                          Historic Shipwrecks Act 1981 - Fees.

                          Housing Improvement Act 1940 - Fees.

                          Local Government Act 1999 -

                                   Fees.

                                   Prescribed Fees.

                          Local Government (Implementation) Act 1999 - Fees.

                          Motor Vehicles Act 1959 -

                                   Prescribed Fees.

                                   Schedule 5 Fees.

                          National Parks and Wildlife Act 1972 - Fees.

 

 

 

                          Passenger Transport Act 1994 -

                                   Schedule 2 Variation.

                                   Schedule 4 Variation Fees.

                          Private Parking Areas Act 1986 - Expiation of Offences.

                          Public and Environmental Health Act 1987 - Fees if Authority is Council.

                          Radiation Protection and Control Act 1982 - Fees.

                          Road Traffic Act 1961 -

                                   Fees for Inspections.

                                   Expiation Fees.

                          South Australian Health Commission Act 1976 -

                                   Regulation 8 Fees.

                                   Schedule 3 Fees.

        By the Minister for Workplace Relations (The Hon. R. D. Lawson) -

                 Remuneration Tribunal - Supplementary Report to Determination No. 9 of 1999.

 

 

   3.

The Hon. J.S.L. Dawkins brought up the Report of the Environment, Resources and Development Committee on Environment Protection in South Australia.

Environment, Resources and Development Committee -

Environment Protection in South Australia.

 

   4.

The Minister for Transport and Urban Planning tabled a copy of a Ministerial Statement made by the Minister for Human Services (The Hon. D. C. Brown, M.P.) concerning an Olympic Dam Calciner Emission Event.

 

Paper Tabled.

   5.

The Minister for Transport and Urban Planning (The Hon. D. V. Laidlaw) tabled a copy of a Ministerial Statement made by the Minister for Human Services concerning the Modbury Hospital Building Structure.

 

Paper Tabled.

   6.

The Treasurer, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Southern State Superannuation Act 1994.

                 Question put and passed.

                 Bill introduced and read a first time.

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

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

 

Southern State Superannuation  (Contributions)

Amendment Bill.

   7.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 4 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

   8.

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

                 Debate resumed.

                 Question put and passed.

                 Bill read a second time.

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

 

In the Committee

 

                          Clauses No. 1 and No. 2 agreed to.

                          New clause No. 2A inserted.

                          Clauses No. 3 to No. 5 agreed to.

                          New clause No. 5A inserted.

                          Clauses No. 6 to No. 12 agreed to.

                          New clause No. 13 inserted.

                          New clause No. 14 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.

 

Superannuation (Miscellaneous) Amendment Bill.

 

                 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.

 

 

   9.

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

 

Postponement

of Business.

10.

Ordered - That Orders of the Day (Government Business) No. 7 and No. 8 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

11.

Ordered - That Order of the Day (Government Business) No. 9 be postponed and taken into consideration on motion.

 

Postponement

of Business.

12.

Ordered - That Order of the Day (Government Business) No. 10 be an Order of the Day for next day of sitting.

 

Postponement

of Business.

13.

Ordered - That Order of the Day (Government Business) No. 11 be postponed and taken into consideration on motion.

 

Postponement

of Business.

14.

Ordered - That Orders of the Day (Government Business) No. 12 and No. 13 be Orders 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 National Tax Reform (State Provisions) Bill be now read a second time:

                 Debate resumed.

                 Question put and passed.

                 Bill read a second time.

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

 

In the Committee

 

                          Clauses No. 1 to No. 4 agreed to.

                          Clause No. 5 read.

                 Resolved - That it be a suggestion to the House of Assembly on page 7, line 4, to leave out “1 January 2001” and insert “the relevant date”.

                 Resolved - That it be a suggestion to the House of Assembly on page 7, line 11, after “1972” to insert “but does not include a receipt, ticket or other document issued when or after payment is made”.

                 Resolved - That it be a suggestion to the House of Assembly on page 7, after line 13, to insert the following:

                           ‘"relevant date" means—

                                     (a)    for a government account for, or including, a charge for compulsory third party motor vehicle insurance—1 July 2003;

                                     (b)    for any other government account—1 January 2001.’.

                          Clause No. 5, as suggested to be amended, agreed to.

                          Clauses No. 6 to No. 27 agreed to.

                          Clause No. 28 read.

                 Resolved - That it be a suggestion to the House of Assembly on page 15, lines 5 to 18, to leave out the definition of “exempt transaction” and insert new definition as follows:

                          ‘"exempt transaction" means a conveyance of a quoted marketable security made after 30 June 2001 (other than one arising out of a sale or purchase of the marketable security before that date);’.

                 Resolved - That it be a suggestion to the House of Assembly on page 15, line 20, to leave out “definition” and insert “definitions”.

                 Resolved - That it be a suggestion to the House of Assembly on page 15, after line 20, to insert new definition as follows:

 

National Tax

Reform (State Provisions) Bill.

 

                            ‘"quoted marketable security" means a marketable security that is quoted on a recognised stock exchange;’.

                 Resolved - That it be a suggestion to the House of Assembly on page 15, lines 23 to 27, to leave out paragraphs (c ) and (d) and insert new paragraph as follows:

                           ‘(c)    by inserting after section 90AB the following section:

                                     Exempt transactions

                                               90AC. (1) No duty is payable under this Part in relation to an exempt transaction.

                                               (2) No return is required under this Part in relation to an exempt transaction.’.

                 Resolved - That it be a suggestion to the House of Assembly on page 15, line 30, to leave out “transfer” and insert “conveyance”.

                          Clause No. 28, as suggested to be amended, 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 suggested amendments; 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.

 

 

16.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Summary Offences (Searches) Amendment Bill.

 

In the Committee

 

                          Clause No. 3, which the Hon. I. Gilfillan had moved to amend on page 2, lines 22 to 32, by leaving out proposed paragraphs (e) and (f) and inserting the following:

                          “(e)   except where the detainee objects or it is not reasonably practicable to do so, an intimate search must be recorded on videotape;

                            (f)     before an intimate search is carried out, the member of the police force supervising the search must—

                                     (i)      read aloud to the detainee (with the assistance of an interpreter if one is to be present during the search) a written statement, in a form approved by the Minister, explaining—

                                               (A)   the value of recording the search on videotape; and

                                               (B)    that the detainee may object to the search being so recorded; and

                                               (C)    that if the detainee objects to the search being recorded, it will not be recorded; and

                                     (ii)     provide the detainee with a copy of the written statement;”

                 And which the Hon. C. A. Pickles had moved to amend on page 2, lines 22 to 25, by leaving out proposed paragraph (e) and inserting the following:

                          “(e)   except where the detainee objects or it is not reasonably practicable to do so, an intimate search must be recorded on videotape;”

                 And which the Attorney-General had moved to amend on page 2, lines 26 to 32, by leaving out proposed paragraph  (f) and inserting the following:

                          “(f)    if, apart from the question of whether or not the detainee objects to the recording, it is otherwise reasonably practicable to record an intimate search on videotape, the member of the police force supervising the search must, before the search is carried out—

                                     (i)      give the detainee a written statement in a form approved by the Minister outlining—

                                               (A)   the value of recording the search on videotape; and

                                               (B)    that the detainee may object to the search being so recorded; and

 

Summary

Offences

(Searches)

Amendment

Bill.

 

                                               (C)    where relevant, that if the detainee objects to an intimate intrusive search being recorded, the intimate intrusive search will not be recorded; and

                                     (ii)     read the statement to the detainee (with the assistance of an interpreter if one is to be present during the search).” - further considered.

Question - That paragraph (e) , as proposed to be struck out by the Hon. I. Gilfillan and by the Hon. C. A. Pickles, stand as printed - put.

Committee divided:

 

 

Ayes, 11

The Hon. T. G. Cameron

The Hon. T. Crothers

The Hon. L. H. Davis

The Hon. D. V. Laidlaw

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. N. Xenophon

The Hon. K. T. Griffin (Teller)

Noes, 8

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. C. Zollo

The Hon. I. Gilfillan (Teller)

 

 

 

 

         So it was resolved in the affirmative.

                  The Hon. I. Gilfillan, by leave, withdrew his amendment to paragraph (f).

                  Question - That the amendment moved by the Attorney-General to paragraph (f) be agreed to - put and passed.

                  The Hon. I. Gilfillan moved on page 3, lines 36 and 37, to leave out “on payment of the fee fixed by regulation” and insert “free of charge”.

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

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

                          New Clause No. 4 inserted.

                          Title amended and agreed to.

_____________________

 

                  The President resumed the Chair and reported that the Committee had considered the Bill and had agreed to the same with amendments and an amended title; whereupon the Council adopted such report.

                  The Attorney-General, pursuant to contingent notice moved - That the Standing Orders be so far suspended as to enable the Bill to pass through its remaining stages without delay.

                  Question put and passed.

                  The Attorney-General then moved - That this Bill be now read a third time.

                  Question put.

Council divided:

 

 

Ayes, 13

The Hon. T. G. Cameron

The Hon. T. Crothers

The Hon. L. H. Davis

The Hon. M. J. Elliott

The Hon. I. Gilfillan

The Hon. S. M. Kanck

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. N. Xenophon

The Hon. K. T. Griffin (Teller)

Noes, 4

The Hon. P. Holloway

The Hon. G. Weatherill

The Hon. C. Zollo

The Hon. R. R. Roberts (Teller)

 

 

 

 

      So it was resolved in the affirmative.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

 

17.

At fifteen 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.

 

18.

Ordered - That Order of the Day (Government Business) No. 15 be postponed and taken into consideration on motion.

 

Postponement

of Business.

19.

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

                 Debate resumed.

                 Question put and passed.

                 Bill read a second time.

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

 

In the Committee

 

                          Clauses No. 1 to No. 14 agreed to.

                          Schedule 1 agreed to.

                          Schedule 2 agreed to.

                          Schedule 3 agreed to.

                          Schedule 4 agreed to.

                          Title agreed to.

_____________________

 

                 The President resumed the Chair, and reported that the Committee had considered the Bill and had agreed to the same without amendment; whereupon the Council adopted such report.

                 The 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 (Consumer

Affairs - Portfolio) Bill.

20.

Ordered - That the adjourned debate on the question - That the Petroleum Bill be now read a second time - be now resumed.

                 Debate resumed.

                 On motion of the Hon. J. F. Stefani, the debate was adjourned until next day of sitting.

 

Petroleum Bill.

 

21.

Ordered - That Orders of the Day (Government Business) No. 17 to No. 19 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

22.

Ordered - That Order of the Day (Government Business) No. 20 be postponed and taken into consideration on motion.

 

Postponement

of Business.

23.

Ordered - That Orders of the Day (Government Business) No. 21 to No. 30 be postponed and taken into consideration after Order of the Day (Government Business) No. 31.

 

Postponement

of Business.

24.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of Message No. 61 from the House of Assembly relating to the Criminal Law Consolidation (Sexual Servitude) Amendment Bill.

 

In the Committee

 

                          Resolved - That the amendments be agreed to.

_____________________

 

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

 

Criminal Law Consolidation

(Sexual Servitude) Amendment Bill.

25.

Ordered - That the adjourned debate on the question - That the Highways (Miscellaneous) Amendment Bill be now read a second time - be now resumed.

                 Debate resumed.

                 On motion of the Hon. A. J. Redford, the debate was adjourned until next day of sitting.

 

Highways (Miscellaneous) Amendment Bill.

26.

Ordered - That the adjourned debate on the question - That the Criminal Law Consolidation (Mental Impairment) Amendment Bill be now read a second time - be now resumed.

                 Debate resumed.

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

 

Criminal Law Consolidation (Mental Impairment) Amendment Bill.

27.

Ordered - That the adjourned debate on the question - That the National Parks and Wildlife (Miscellaneous) Amendment Bill be now read a second time - be now resumed.

                 Debate resumed.

                 On motion of the Hon. M. J. Elliott, the debate was adjourned until next day of sitting.

 

National Parks

and Wildlife (Miscellaneous) Amendment Bill.

28.

Ordered - That Orders of the Day (Government Business) No. 21 to No. 26 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

29.

On the Order of the Day being read for the adjourned debate on the question - That the Dairy Industry (Deregulation of Prices) 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.

 

Dairy Industry (Deregulation

of Prices) Amendment Bill.

 

30.

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

 

Postponement

of Business.

  31.

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

Message No. 62

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the South Australian Motor Sport Act 1984, to which it desires the concurrence of the Legislative Council.

House of Assembly, 30 May 2000.                                                                    J.K.G. OSWALD, Speaker.

                 Bill 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.

 

Message from

House of Assembly:

South Australian

Motor Sport

(Miscellaneous)

Amendment Bill.

32.

Council adjourned at fourteen minutes past ten o’clock until tomorrow, at fifteen minutes past
two o’clock.

 

Adjournment.

 

_________________________

 

 

 

 

 

Members present during any part of the sitting:

 

 

 

The Hon. T. G. Cameron

The Hon. T. Crothers

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. M. J. Elliott

The Hon. I. Gilfillan

The Hon. K. T. Griffin

 

The Hon. P. Holloway

The Hon. S. M. Kanck

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. 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