SOUTH AUSTRALIA]

No. 40

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  30  MAY  2001

 

 

 

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

 

Legislative
Review
Committee –
Twenty-first Report,
2000-2001.

   3.

The Minister for Transport and Urban Planning (The Hon. D. V. Laidlaw) tabled a copy of a Ministerial Statement made by the Minister for Local Government (The Hon. D. C. Kotz, M.P.) concerning Legislation Proposed for the Future Protection of the Adelaide Park Lands.

 

Paper Tabled.

   4.

The Treasurer (The Hon. R. I. Lucas), without notice, moved - That the Standing Orders be so far suspended as to enable Question Time to be extended to enable the Hon. T. G. Cameron to complete a question and for him 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.

   5.

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

 

Statements
on Matters
of Interest.

   6.

The Hon. M. J. Elliott, pursuant to notice, moved - That the Legislative Council urges the South Australian Government to provide assistance to persons affected by the collapse of the HIH Insurance Group and, in particular, policy holders or those making a claim against policy holders.

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

 

Collapse of HIH
Insurance Group -
State Government
to provide
assistance -
Motion re.

 

   7.

The Hon. M. J. Elliott, pursuant to notice, moved - That the Legislative Council urges the South Australian Government to provide assistance to those horticulturalists whose crops were damaged by Benlate, but have been unable to reach a settlement with DuPont.

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

 

Horticulturalists'
crops damaged
by Benlate - State
Government to provide assistance -
Motion re.

 

   8.

Ordered - That Notice of Motion (Private Business) No. 4 be an Order of the Day for Wednesday next.

 

Postponement
of Business.

   9.

Ordered - That Order of the Day (Private Business) No. 1 be discharged.

 

Business
Discharged.

 

10.

Ordered - That Orders of the Day (Private Business) No. 2 and No. 3 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

11.

Ordered - That Order of the Day (Private Business) No. 4 be discharged.

 

Business
Discharged.

 

12.

Ordered - That Orders of the Day (Private Business) No. 5 and No. 6 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

13.

Ordered - That Order of the Day (Private Business) No. 7 be discharged.

 

Business
Discharged.

 

14.

Ordered - separately - That Orders of the Day (Private Business) No. 8 to No. 10 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

15.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. M. J. Elliott - That the Legislative Council requests that the South Australian Government -

              I.      (a)     Examines whether caffeinated drinks should be banned from sale to minors, in the same manner as tobacco and alcohol;

                       (b)     Promotes caffeinated energy drinks as being unsuitable for the general population, particularly children and caffeine-sensitive people;

                       (c)     Endorses proposals by the Australian New Zealand Food Authority for stricter labelling and marketing controls for caffeinated energy drinks; and

             II.      Uses its role on the Australia New Zealand Food Standards Council consisting of Health Ministers, to lobby for the passage of strict food standard regulations to cover formulated caffeinated beverages.:

                 Debate resumed.

                 The Hon. C. Zollo moved to amend the motion in paragraph I by leaving out subparagraphs (a) and (b) and inserting the following:

                     “(a)     Examines what sale labelling and marketing restrictions should be imposed on formulated caffeinated beverages, particularly in relation to minors.

                       (b)     Promotes excessive consumption of caffeinated energy drinks as being unsuitable for the general population and that caffeinated energy drinks are particularly unsuitable for children and caffeine-sensitive people.”

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

 

Caffeinated
Drinks -
Motion re.

16.

Ordered - separately - That Orders of the Day (Private Business) No. 12 to No. 19 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

17.

Ordered - That Order of the Day (Private Business) No. 20 be discharged.

 

Business
Discharged.

 

18.

Ordered - That Order of the Day (Private Business) No. 21 be discharged.

 

Business
Discharged.

 

19.

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

                 Debate resumed.

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

 

Dignity in
Dying Bill.

20.

Ordered - separately - That Orders of the Day (Private Business) No. 23 to No. 33 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

21.

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 Allocation of Recreational Rock Lobster Pots, be noted:

                 Debate resumed.

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

 

Legislative Review
Committee -
Report on the
Allocation of
Recreational Rock
Lobster Pots
be noted -
Motion re.

 

22.

Ordered - separately - That Orders of the Day (Private Business) No. 35 to No. 41 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

23.

The Attorney-General (The Hon. K. T. Griffin), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to reform the law relating to contributory negligence and the appointment of liability; to amend the Wrongs Act 1936; and for other purposes.

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

 

Law Reform
(Contributory
Negligence and
Apportionment of
Liability) Bill.

 

24.

The Minister for Disability Services (The Hon. R. D. Lawson), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Explosives Act 1936.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Minister for Disability Services then moved - That this Bill be now read a second time.

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

 

Explosives
(Miscellaneous)
Amendment Bill.

25.

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

                 Debate resumed.

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

 

Land Agents
(Registration)
Amendment Bill.

 

26.

Ordered - That Orders of the Day (Government Business) No. 2 to No. 4 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 question - That the Classification (Publications, Films and Computer Games) (Miscellaneous) 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.

 

Classification
(Publications,
Films  and
Computer Games)
(Miscellaneous)
Amendment Bill.

 

28.

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.

 

  29.

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

Message No. 67

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act for the appropriation of money from the Consolidated Account for the financial year ending on 30 June 2002, to which it desires the concurrence of the Legislative Council.

House of Assembly, 29 May 2001.                                                                   J.K.G. OSWALD, Speaker.

                 Bill read a first time.

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

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

 

Messages from
House of Assembly:
Supply Bill.

 

 

Message No. 68

                 MR. PRESIDENT - The House of Assembly has agreed to Amendments Nos. 1 to 10 and 12 to 22 made by the Legislative Council in the Statutes Amendment (Gambling Regulation No. 1) Bill, without any amendment and has agreed to Amendment No. 11 with the amendment indicated in the annexed Schedule.  The House of Assembly returns the Bill herewith and desires it reconsideration.

House of Assembly, 30 May 2001.                                                                   J.K.G. OSWALD, Speaker.

 

Statutes
Amendment
(Gambling
Regulation No. 1)
Bill.

 

Schedule of the amendment made by the House of Assembly

to Amendment No. 11 of the Legislative Council

Legislative Council’s Amendment:

        No. 11.     Page 9 - After line 16 insert new clause as follows:

                         Amendment of s. 14A—Freeze on gaming machines

                          17A. Section 14A of the principal Act is amended—

                    (a)    by inserting after subsection (2)(b) the following paragraph:

(c)    an application made by any other person in prescribed circumstances.;

                    (b)    by inserting after subsection (2) the following subsection:

 

 

 

         (2a) A regulation made for the purposes of subsection (2)(c) cannot come into operation until the time has passed during which the regulation may be disallowed by resolution of either House of Parliament.

                    (c)    by striking out from subsection (6) "2001" and substituting "2003".

House of Assembly’s amendment thereto:

        Leave out paragraphs (a) and (b).

G. D. MITCHELL, Clerk of the House of Assembly.

 

 

                 Ordered - That the Message be taken into consideration forthwith.

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

 

In the Committee

 

                 Resolved - That Amendment No. 11 be not insisted on but that the House of Assembly’s amendment to Amendment No. 11 of the Legislative Council be agreed to.

_____________________

 

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

 

 

 

Message No. 69

                 MR. PRESIDENT - The House of Assembly requests that the Legislative Council give permission to the Treasurer (The Hon. R. I. Lucas), Member of the Legislative Council, to attend at the Table of the House on Thursday, 31 May 2001, for the purpose of giving a speech in relation to the Appropriation Bill.

House of Assembly, 30 May 2001.                                                                   J.K.G. OSWALD, Speaker.

                 Ordered - That the Message be taken into consideration forthwith.

                 The Attorney-General moved - That the Legislative Council grant leave to the Treasurer (The Hon. R. I. Lucas) to attend in the House of Assembly on Thursday, 31 May 2001, for the purpose of giving a speech in relation to the Appropriation Bill if he thinks fit.

                 Question put and passed.

 

Treasurer -
Requesting
attendance in
House of
Assembly.

 

30.

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

                 Debate resumed.

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

 

Equal Opportunity
(Miscellaneous)
Amendment Bill.

 

31.

Ordered - That Order of the Day (Government Business) No. 7 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 Electoral (Miscellaneous) Amendment Bill be now read a second time:

                 Debate resumed.

                 Question put and passed.

                 The Hon. T. G. Cameron, pursuant to contingent notice, moved - That it be an Instruction to the Committee of the Whole that it have power to consider new clauses in relation to the voting age of electors and to make amendments to the Age of Majority (Reduction) Act 1971, the City of Adelaide Act 1998 and the Local Government (Elections) Act 1999.

                 Question put and passed.

                 Ordered - That the Bill’s consideration in Committee be an Order of the Day for next day of sitting.

 

Electoral
(Miscellaneous)
Amendment Bill.

33.

Ordered - That the adjourned debate on the question - That the Equal Opportunity (Miscellaneous) Amendment 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.

 

Equal Opportunity
(Miscellaneous)
Amendment Bill.

34.

Ordered - That Orders of the Day (Government Business) No. 9 to No. 11 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

35.

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

                 Debate resumed.

                 On motion of the Hon. J. F. Stefani, the debate was adjourned and ordered to be resumed on motion.

 

Graffiti
Control Bill.

36.

Ordered - That Orders of the Day (Government Business) No. 13 to No. 17 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

37.

On the Order of the Day being read for the adjourned debate on the question - That the Corporations (Commonwealth Powers) Bill be now read a second time:

                 Debate resumed.

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

 

Corporations
(Commonwealth
Powers) Bill.

 

38.

On the Order of the Day being read for the adjourned debate on the question - That the Corporations (Ancillary Provisions) Bill be now read a second time:

                 Debate resumed.

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

 

Corporations
(Ancillary
Provisions) Bill.

 

39.

On the Order of the Day being read for the adjourned debate on the question - That the Corporations (Administrative Actions) Bill be now read a second time:

                 Debate resumed.

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

 

Corporations
(Administrative
Actions) Bill.

40.

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

                 Debate resumed.

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

 

Statutes
Amendment
(Corporations)
Bill.

  41.

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

Message No. 70

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Real Property Act 1886, to which it desires the concurrence of the Legislative Council.

House of Assembly, 30 May 2001.                                                                   J.K.G. OSWALD, Speaker.

                 Bill read a first time.

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

 

Message from
House of Assembly.
Real Property (Fees)
Amendment Bill.

 

 

42.

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

 

Next Day
of Sitting.

 

43.

Council adjourned at fourteen minutes past ten 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. 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. R. K. Sneath

The Hon.  J. F. Stefani

The Hon. N. Xenophon

The Hon. C. Zollo