SOUTH AUSTRALIA]

No. 18

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

THURSDAY  30  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.

The Attorney-General (The Hon. K. T. Griffin), 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 Order of the Day (Government Business) No. 1 be postponed and taken into consideration after Order of the Day (Government Business) No. 2.

 

Postponement
of Business.

   4.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Native Title (South Australia) (Validation and Confirmation) Amendment Bill.

 

In the Committee

 

                          Clause No. 1 further considered and agreed to.

                          Clause No. 2 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.

 

Native Title
(South Australia)
(Validation and
Confirmation)
Amendment Bill.

   5.

Ordered - That Orders of the Day (Government Business) No. 1 and No. 3 to No. 15 be postponed and taken into consideration after Order of the Day (Government Business) No. 16.

 

Postponement
of Business.

   6.

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. I. Gilfillan, the debate was adjourned and ordered to be resumed on motion.

 

Racing
(Proprietary
Business
Licensing) Bill.

   7.

Ordered - That Orders of the Day (Government Business) No. 1 and No. 3 to No. 8 be postponed and taken into consideration after Order of the Day (Government Business) No. 9.

 

Postponement
of Business.

   8.

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

                 Debate resumed.

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

 

Construction
Industry
Training Fund
(Miscellaneous)
Amendment Bill.

   9.

At one minute 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.

10.

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

                 By the Hon. C. Zollo from 483 residents of South Australia, the Hon. J.S.L. Dawkins from 64 residents of South Australia, the Hon. C. V. Schaefer from 58 residents of South Australia, the Hon. A. J. Redford from 41 residents of South Australia, the Hon. T. G. Cameron from 33 residents of South Australia, the Hon. M. J. Elliott from 29 residents of South Australia and the Hon. P. Holloway from 25 residents of South Australia, concerning prostitution and praying that this Honourable House will strengthen the present law and ban all prostitution-related advertising to enable Police to suppress the prostitution trade more effectively.

Petitions -
Nos. 30, 31, 32, 33,
34, 35 and 36 -
Prostitution.

 

                 By the Hon. I. Gilfillan from 8 residents of South Australia concerning the City of Adelaide (Adelaide Parklands) Amendment Bill 2000 and praying that this Honourable House will protect the parklands by stopping the erection of buildings and other structures on the parklands by rejecting the City of Adelaide (Adelaide Parklands) Amendment Bill 2000.

 

No. 37 - City
of Adelaide
(Adelaide Parklands) Amendment Bill 2000.

  11.

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

        By the President -

                 Supplementary Report of the Auditor-General on Electricity Businesses Disposal Process in South Australia: Arrangements for the Disposal of ETSA Utilities Pty. Ltd. and ETSA Power Pty. Ltd.: Some Audit Observations, 1999-2000.

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

                 Children’s Services Report, 1999-2000.

                 South Australian Public Sector Workforce Information at June 2000 - Addendum.

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

                 Reports, 1999-2000.

                          Report of the Technical Regulator.

                          South Australian Commissioner for Equal Opportunity.

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

                 Controlled Substances Advisory Council Reports -

                          1998-1999.

                          1999-2000.

 

Papers.

12.

Ordered - That Orders of the Day (Government Business) No. 1, No. 3 to No. 8, No. 10 to No. 15, No. 17 and No. 18 be postponed and taken into consideration after Order of the Day (Government Business) No. 19.

 

Postponement
of Business.

13.

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

                 Debate resumed.

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

 

Education
(Councils and
Charges)
Amendment Bill.

14.

Ordered - That Order of the Day (Government Business) No. 1, No. 3 to No. 8, No. 10 to No. 15, No. 17, No. 18 and No. 20 be postponed and taken into consideration after Order of the Day (Government Business) No. 21.

 

Postponement
of Business.

15.

On the Order of the Day being read for the adjourned debate on the motion of the Minister for Transport and Urban Planning - 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

 

 

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

 

        comprising that Park (except for four small parcels that have negligible value) as a National Park with the name Naracoorte Caves National Park:

                 Debate resumed.

                 And the Minister for Transport and Urban Planning having obtained leave to conclude her remarks, the debate was adjourned and ordered to be resumed on motion.

 

 

16.

Ordered - That Orders of the Day (Government Business) No. 1, No. 3 to No. 8 and No. 10 to No. 13 be postponed and taken into consideration after Order of the Day (Government Business) No. 14.

 

Postponement
of Business.

  17.

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. 12 further considered.

                 The Treasurer moved that it be a suggestion to the House of Assembly to amend clause 12 on page 9, after line 32, by inserting:

                                             “(e)           making  provision of up to $100 million for the State’s superannuation liabilities.”

                 Question - That the motion be agreed to - put.

South Australian
Ports (Disposal of
Maritime Assets)
Bill.

 

              Committee divided:

Ayes, 8

The Hon. T. G. Cameron

The Hon. J. S. L. Dawkins

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. A. J. Redford

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. R. I. Lucas (Teller)

      So it was resolved in the affirmative.

 

Noes, 7

The Hon. M. J. Elliott

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. R. R. Roberts

The Hon. T. G. Roberts

The Hon. R. K. Sneath

The Hon. C. Zollo (Teller)

 

 

 

 

                          Clause No. 12, as suggested to be amended, agreed to.

                          Clause No. 13 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.

 

 

18.

Ordered - That the adjourned debate on the question - That the Construction Industry Training Fund (Miscellaneous) 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.

 

In the Committee

 

                          Clauses No. 1 to No. 5 agreed to.

                          Clause No. 6 read.

                 The Hon. A. J. Redford moved on page 4, after line 16, to insert the following:

                          (c)      by inserting after subsection (5) the following subsections:

                                                   (6) The Board may, by notice in the Gazette, exempt building or construction work, or building or construction work of a specified class, carried out—

                                                   (a)     in a specified part of the building or construction industry; or

                                                   (b)     by a specified person, or by persons of a specified class,

                                        from the requirement to pay a levy, or a specified percentage of a levy, under this Act.

 

Construction
Industry
Training Fund
(Miscellaneous)
Amendment Bill.

 

                                                   (7) The Board may only grant an exemption under subsection (6) if satisfied—

                                                   (a)     that—

                                                              (i)           in the case of an exemption under subsection (6)(a)—persons carrying out building or construction work in the specified part of the building or construction industry;

                                                              (ii)          in the case of an exemption under subsection (6)(b)—the specified person, or persons of the specified class,

                                                              are making a contribution to training in the building and construction industry that is at least equal to the contribution that would be made if the exemption were not to be granted; and

                                                   (b)     that that training is at least equal to training available through funding from the Fund; and

                                                   (c)      that, taking into account these and such other matters as the Board thinks fit, it is reasonable to grant an exemption.

                                                   (8) A person, or a body acting on behalf of a group of persons, may make application to the Board for the purposes of subsection (6).

                                                   (9) An application—

                                                   (a)     must be made in the manner and form required by the regulations; and

                                                   (b)     must be accompanied by the information required by the regulations or determined by the Board for the purposes of this provision.

                                                   (10) An exemption under subsection (6) may be granted on conditions determined by the Board.

                                                   (11) A condition under subsection (10) may include a requirement that a person within the ambit of an exemption pay to the Board, in accordance with the terms of the notice of exemption, a contribution (determined in accordance with the notice)—

                                                   (a)     towards the administrative costs of the Board; and

                                                   (b)     towards reviewing and evaluating training programs in the relevant sector of the building and construction industry; and

                                                   (c)      towards the Board's commitments to research with respect to the relevant sector of the building and construction industry.

                                                   (12) A person must not contravene or fail to comply with a condition under subsection (10).

                                        Maximum penalty:     $10 000.

                                                   (13) The Board may, on its own initiative or on further application under this section made in a manner and form prescribed by the regulation, by subsequent notice in the Gazette

                                                   (a)     vary or revoke an exemption under subsection (6); or

                                                   (b)     vary or revoke a condition of an exemption.

                                                   (14) A person directly affected by a decision of the Board—

                                                   (a)     to reject an application under subsection (8) or (13); or

                                                   (b)     to impose a particular condition under subsection (10); or

                                                   (c)      to vary or revoke an exemption or condition under subsection (13),

                                        may appeal to the Minister against that decision.

                                                   (15) The appeal must be commenced within one month after the making of the decision unless the Minister allows an extension of time.

                                                   (16) The Minister may (but is not obliged to) permit the applicant to appear personally or by representative before the Minister on an appeal.

                                                   (17) The Minister has an absolute discretion to decide an appeal as the Minister thinks fit (and the Minister's decision will have effect according to its terms).”

                 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.

 

 

19.

Ordered - That the adjourned debate on the motion of the Minister for Transport and Urban Planning - 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 - be now resumed.

                 Debate resumed.

                 Question put and passed.

 

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

20.

Ordered - That Orders of the Day (Government Business) No. 1, No. 3 to No. 8, No. 10 to No. 13, No. 15, No. 17 and No. 18 be postponed and taken into consideration after Order of the Day (Government Business) No. 20.

 

Postponement
of Business.

21.

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

                 Debate resumed.

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

 

TAB (Disposal)
Bill.

22.

At three 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.

  23.

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. 13 further considered and agreed to.

                          Clause No. 14 amended and agreed to.

                          Clauses No. 15 and No. 16 agreed to.

                          Clause No. 17 amended and agreed to.

                          Clauses No. 18 to No. 31 agreed to.

                          Clause No. 32 amended and agreed to.

                          Clauses No. 33 to No. 38 agreed to.

                          Schedule 1 agreed to.

                          Schedule 2 agreed to.

                          Schedule 3 agreed to.

                          Title agreed to.

_____________________

 

                 The President resumed the Chair, and reported that the Committee had considered the Bill and had agreed to the same with amendments and a suggested amendment; whereupon the Council adopted such report.

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

                 Question put and passed.

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

                 Debate ensued.

                 Question put.

South Australian
Ports (Disposal of
Maritime Assets)
Bill.

 

              Council divided:

Ayes, 13

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. S. M. Kanck

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. A. J. Redford

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. R. I. Lucas (Teller)

      So it was resolved in the affirmative.

 

Noes, 6

The Hon. C. A. Pickles

The Hon. R. R. Roberts

The Hon. T. G. Roberts

The Hon. R. K. Sneath

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

 

 

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

 

24.

Ordered - That Orders of the Day (Government Business) No. 1, No. 3 to No. 8, No. 10 and No. 11 be postponed and taken into consideration after Order of the Day (Government Business) No. 12.

 

Postponement
of Business.

25.

On the Order of the Day being read for the adjourned debate on the question - That the Maritime Services (Access) 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. 47 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 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.

 

Maritime
Services
(Access) Bill.

26.

Ordered - That Orders of the Day (Government Business) No. 1, No. 3 to No. 8, No. 10 and No. 11 be postponed and taken into consideration after Order of the Day (Government Business) No. 13.

 

Postponement
of Business.

27.

On the Order of  the Day being read for the adjourned debate on the question - That the Harbors and Navigation (Control of Harbors) 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.

 

Harbors and
Navigation
(Control of
Harbors) Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 21 agreed to..

                          Title agreed to.

_____________________

 

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

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

                 Question put and passed.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

 

28.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Construction Industry Training Fund (Miscellaneous) Amendment Bill.

 

In the Committee

 

                 Clause No. 6 which the Hon. A. J. Redford had moved to amend on page 4, after line 16, to insert the following:

                          (c)      by inserting after subsection (5) the following subsections:

                                                   (6) The Board may, by notice in the Gazette, exempt building or construction work, or building or construction work of a specified class, carried out—

                                                   (a)     in a specified part of the building or construction industry; or

                                                   (b)     by a specified person, or by persons of a specified class,

                                        from the requirement to pay a levy, or a specified percentage of a levy, under this Act.

                                                   (7) The Board may only grant an exemption under subsection (6) if satisfied—

                                                   (a)     that—

                                                              (i)     in the case of an exemption under subsection (6)(a)—persons carrying out building or construction work in the specified part of the building or construction industry;

                                                              (ii)    in the case of an exemption under subsection (6)(b)—the specified person, or persons of the specified class,

                                                              are making a contribution to training in the building and construction industry that is at least equal to the contribution that would be made if the exemption were not to be granted; and

                                                   (b)     that that training is at least equal to training available through funding from the Fund; and

                                                   (c)      that, taking into account these and such other matters as the Board thinks fit, it is reasonable to grant an exemption.

                                                   (8) A person, or a body acting on behalf of a group of persons, may make application to the Board for the purposes of subsection (6).

                                                   (9) An application—

                                                   (a)     must be made in the manner and form required by the regulations; and

                                                   (b)     must be accompanied by the information required by the regulations or determined by the Board for the purposes of this provision.

                                                   (10) An exemption under subsection (6) may be granted on conditions determined by the Board.

                                                   (11) A condition under subsection (10) may include a requirement that a person within the ambit of an exemption pay to the Board, in accordance with the terms of the notice of exemption, a contribution (determined in accordance with the notice)—

                                                   (a)     towards the administrative costs of the Board; and

                                                   (b)     towards reviewing and evaluating training programs in the relevant sector of the building and construction industry; and

 

Construction
Industry
Training Fund
(Miscellaneous)
Amendment Bill.

 

                                                   (c)      towards the Board's commitments to research with respect to the relevant sector of the building and construction industry.

                                                   (12) A person must not contravene or fail to comply with a condition under subsection (10).

                                        Maximum penalty:     $10 000.

                                                   (13) The Board may, on its own initiative or on further application under this section made in a manner and form prescribed by the regulation, by subsequent notice in the Gazette

                                                   (a)     vary or revoke an exemption under subsection (6); or

                                                   (b)     vary or revoke a condition of an exemption.

                                                   (14) A person directly affected by a decision of the Board—

                                                   (a)     to reject an application under subsection (8) or (13); or

                                                   (b)     to impose a particular condition under subsection (10); or

                                                   (c)      to vary or revoke an exemption or condition under subsection (13),

                                        may appeal to the Minister against that decision.

                                                   (15) The appeal must be commenced within one month after the making of the decision unless the Minister allows an extension of time.

                                                   (16) The Minister may (but is not obliged to) permit the applicant to appear personally or by representative before the Minister on an appeal.

                                                   (17) The Minister has an absolute discretion to decide an appeal as the Minister thinks fit (and the Minister's decision will have effect according to its terms).” - further considered.

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

                          Clause No. 6 agreed to.

                          Clauses No. 7 to No. 16 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 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.

 

 

29.

Ordered - That Order of the Day (Government Business) No. 1 and No. 3 to No. 5 be postponed and taken into consideration after Order of the Day (Government Business) No. 6.

 

Postponement
of Business.

30.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Retail and Commercial Leases (GST) Amendment Bill.

 

In the Committee

 

                 Clause No. 1, which the Hon. C. Zollo had moved to amend on page 3, line 2, by leaving out “(GST)” and inserting “(Miscellaneous)” - further considered.

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

                          Clause No. 2 agreed to.

                          Clause No. 3 amended and agreed to.

                          New clause No. 3A inserted.

                          Clauses No. 4 and No. 5 agreed to.

                          New clause No. 5A inserted.

                          Clause No. 6 agreed to.

                 The Hon. C. Zollo moved on page 4, after line 17, to insert new clause as follows:

                           Insertion of s. 45A

                                        7. The following section is inserted after section 45 of the principal Act:

 

Retail and
Commercial
Leases (GST)
Amendment Bill.

 

                                                  Liability of assignor

                                                              45A. (1) Notwithstanding a provision of a retail shop lease or of any other agreement (whether made before or after the commencement of this section), if a lessee assigns a retail shop lease, the lessee, or a guarantor of the lessee under a collateral agreement, is not liable to pay any money to the lessor in respect of an amount that is payable by the assignee of the lease.

                                                              (2) Nothing in this section relieves a lessee, or a guarantor of the lessee, of any liability accrued under a retail shop lease prior to the assignment of the lease.”

                 Question - That new clause No. 7, as proposed to be inserted by the Hon. C. Zollo, be so inserted - put.

 

     

              Committee divided:

Ayes, 9

The Hon. M. J. Elliott

The Hon. I. Gilfillan

The Hon. P. Holloway

The Hon. S. M. Kanck

The Hon. R. R. Roberts

The Hon. T. G. Roberts

The Hon. R. K. Sneath

The Hon. N. Xenophon

                  The Hon. C. Zollo (Teller)

 

Noes, 9

The Hon. T. G. Cameron

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. K. T. Griffin (Teller)

 

 

 

                 And there being an equality of votes, the Chairperson gave his casting vote to the Ayes to enable further consideration.

        So it was resolved in the affirmative.

                          New clause No. 7 inserted.

                 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.

 

Chairperson’s
Casting Vote.

31.

The Attorney-General, according to order, moved - That the Authorised Betting Operations Bill be now read a second time.

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

 

Authorised
Betting
Operations Bill.

32.

Ordered - separately - That Orders of the Day (Government Business) No. 3 to No. 5, No. 7 and No. 8, No. 10 and No. 11 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

33.

Ordered - That the adjourned debate on the question - That the Racing (Proprietary Business Licensing) Bill be now read a second time - be now resumed.

                 Debate resumed.

                 On motion of the Hon. N. Xenophon, the debate was adjourned until next day of sitting.

 

Racing
(Proprietary
Business
Licensing) Bill.

34.

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

Message No. 17

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Country Fires Act 1989, 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.

 

Messages from
House of
Assembly:
Country Fires
(Incident Control)
Amendment Bill.

 

Message No. 18

                 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, 30 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.

 

Stamp Duties
(Land Rich
Entities and
 Redemption)
Amendment Bill.

 

Message No. 19

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Country Arts Trust Act 1992, with the amendments indicated by the annexed Schedule, to which amendments the House of Assembly desires the concurrence of the Legislative Council.

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

 

South Australian
Country Arts Trust
(Appointments to
Trust and Boards)
Amendment Bill.

 

Schedule of the amendments made by the House of Assembly

No. 1.         Clause 3, page 3, lines 11 to 21—Leave out new subsections (1) and (2) and insert:

                                        (1) The presiding trustee of the Trust is appointed for a term not exceeding three years specified in the instrument of appointment.

                                        (2) A trustee of the Trust (other than the presiding trustee or a trustee who holds office ex officio) is appointed for a term not exceeding two years specified in the instrument of appointment.

                                        (2a) A trustee is eligible for reappointment on the expiration of a term of office but cannot be reappointed so that–

                                 (a)      the person’s total term of office exceeds nine years; or

                                 (b)      the person’s total term of office as a presiding trustee exceeds six years; or

                                 (c)      the person’s total term of office as a trustee other than a presiding trustee exceeds six years.

No. 2.         Clause 4, page 3, lines 25 to 29, and page 4, lines 1 to 5—Leave out new subsections (1) and (2) and insert:

                                        (1)  The presiding member of a Country Arts Board is appointed for a term not exceeding three years specified in the instrument of appointment.

                                        (2)  A member of a Country Arts Board (other than the presiding member) is appointed for a term not exceeding two years specified in the instrument of appointment.

                                        (2a)  A member of a Country Arts Board is eligible for reappointment on the expiration of a term of office but cannot be reappointed so that–

                                 (a)      the person’s total term of office exceeds nine years; or

                                 (b)      the person’s total term of office as a presiding member exceeds six years; or

                                 (c)      the person’s total term of office as a member other than a presiding member exceeds six years.

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 the amendments be agreed to.

_____________________

 

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

 

 

 

Message No. 20

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Adelaide Festival Centre Trust Act 1971, without any amendment.

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

 

Adelaide Festival
Centre Trust
(Composition
of Trust)
Amendment Bill.

 

Message No. 21

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to facilitate electronic transactions, and for other purposes, without any amendment.

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

 

Electronic Transactions
Bill.

 

Message No. 22

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to provide for certain persons accused of minor shop theft to be subject to a non-curial enforcement process with their consent as an alternative to prosecution; and for other purposes, without any amendment.

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

 

Shop Theft
(Alternative
Enforcement)
Bill.

 

Message No. 23

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Agricultural and Veterinary Chemicals (South Australia) Act 1994, the Competition Policy Reform (South Australia) Act 1996, the Corporations (South Australia) Act 1990, the Gas Pipelines Access (South Australia) Act 1997, the Jurisdiction of Courts (Cross-vesting) Act 1987, the National Crime Authority (State Provisions) Act 1984 and the New Tax System Price Exploitation Code (South Australia) Act 1999, without any amendment.

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

 

Statutes
Amendment
(Federal Courts -
State Jurisdiction)
Bill.

 

Message No. 24

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Legal Practitioners Act 1981, without any amendment.

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

 

Legal Practitioners
(Miscellaneous)
Amendment Bill.

 

Message No. 25

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Gaming Machines Act 1992, to which it desires the concurrence of the Legislative Council.

House of Assembly, 8 November 2000.                                                             J.K.G. OSWALD, Speaker.

        Bill read a first time.

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

 

Gaming Machines
(Freeze on
Gaming Machines)
Amendment Bill.

35.

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

 

Postponement
of Business.

36.

Ordered - That the remaining Orders of the Day (Private Business) be Orders of the Day for Wednesday next.

 

Postponement
of Business.

37.

Council adjourned at sixteen minutes to twelve midnight until Tuesday next at fifteen minutes past two o’clock.

 

Adjournment.

 

_________________________

 

 

 

 

 

Members present during any part of the sitting:

 

 

 

The Hon. T. G. Cameron

The Hon. 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