[SOUTH AUSTRALIA]

No. 34

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  31  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 Paper was laid upon the Table, viz.:

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

                 Regulation under the following Act -

                          Education Act 1972 - Financial Provisions for Government Schools.

 

Paper.

 

   3.

The Hon. A. J. Redford brought up the Nineteenth Report, 1999-2000 of the Legislative Review Committee, which was read by the Clerk as follows:-

                 The By-law listed hereunder is at present being considered by the Legislative Review Committee.  Evidence is being taken on this matter 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
By-law, the Committee may decide to take no further action.

                 By-law referred to:

Local Government Act 1934 - City of Norwood, Payneham and St. Peters - No. 3 - Council Land.

 

Legislative

Review

Committee -

Nineteenth

Report,

1999-2000.

 

 

   4.

The Hon. A. J. Redford brought up the Twentieth Report, 1999-2000 of the Legislative Review Committee.

 

Legislative

Review

Committee -

Twentieth Report

1999-2000.

 

 

   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 Aboriginal Affairs (The Hon. D. C. Kotz, M.P.) concerning the Aboriginal Heritage Site Database.

 

Paper Tabled.

 

   6.

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

 

Statements

on Matters

of Interest.

 

 

   7.

The Hon. P. Holloway, pursuant to notice, moved - That this Council notes the importance of the apple and pear industry to South Australia and calls on the Federal Government to reject any application to allow the importation of apples and pears from countries such as New Zealand which have endemic fire blight and which could devastate the local industry.

                 On motion of the Hon. J.S.L. Dawkins, the debate was adjourned until Wednesday, 28 June 2000.

 

South Australian

Apple and Pear Industry -

Motion re.

 

   8.

The Hon. J.S.L. Dawkins, pursuant to notice, moved - That the Report of the Environment, Resources and Development Committee on Environment Protection in South Australia, be noted.

                 Debate ensued.

                 On motion of the Hon. P. Holloway, the debate was adjourned until Wednesday, 28 June 2000.

 

Environment, Resources and Development Committee - Report

on Environment Protection in South Australia be noted - Motion re.

 

 

   9.

Ordered - That Orders of the Day (Private Business) No. 1 to No. 9 be Orders of the Day for Wednesday, 28 June 2000.

 

Postponement

of Business.

 

  10.

On the Order of the Day being read for the Hon. A. J. Redford to move - That the Regulations under the Development Act 1993, concerning Electricity Businesses, made on 27 January 2000 and laid on the Table of this Council on 16 November 1999, be disallowed:

                 The Hon. A. J. Redford moved - That this Order of the Day be discharged.

                 Question put and passed.

 

Business

Discharged.

 

11.

Ordered - separately - That Orders of the Day (Private Business) No. 11 to No. 13 be Orders of the Day for Wednesday, 28 June 2000.

 

Postponement

of Business.

 

12.

Ordered - That Order of the Day (Private Business) No. 14 be postponed and taken into consideration on motion.

 

Postponement

of Business.

 

13.

Ordered - separately - That Orders of the Day (Private Business) No. 15 to No. 17 be Orders of the Day for Wednesday, 28 June 2000.

 

Postponement

of Business.

 

14.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. T. G. Roberts - That this Council -

               I.      Condemns the Federal Government for its totally inappropriate and insensitive statements on the patronising and failed policy practised for 60 years of removing thousands of Aboriginal children from their parents and extended families into institutions and foster homes; and

             II.      Calls on the Prime Minister and the Minister for Aboriginal and Torres Strait Islander Affairs to correct this unfortunate interpretation of this miscarriage of social and human justice against Aboriginal people:

                 Which the Minister for Transport and Urban Planning had moved to amend by leaving out all words after “That this Council” and inserting “, on behalf of the South Australian Parliament, re-states its apology to the Aboriginal people for past policies of forcible removal and the effect of those policies on the indigenous community and acknowledges the importance of an apology from all Australian Parliaments as an integral part of the process of healing and reconciliation.”:

                 Debate resumed.

                 On motion of the Hon. J. F. Stefani, the debate was adjourned until Wednesday, 28 June 2000.

 

Federal Government’s Statements on

Stolen Generation -

Motion re.

 

  15

Ordered - separately - That Orders of the Day (Private Business) No. 19 to No. 22 be Orders of the Day for Wednesday, 28 June 2000.

 

Postponement

of Business.

 

16.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. I. Gilfillan - That this Council recommends to the Government and the House of Assembly the introduction and passage of a Bill to amend the Emergency Services Funding Act 1998 to give effect to the following principles -

            I.      The amount raised by the levy should be limited to $82 million (adjusted to allow for inflation since the beginning of the 1998-1999 financial year);

          II.      The levy should be based on the value of improvements on the subject land and not on the value of that land;

         III.      The categories of land use to be recognised for the purpose of calculating the levy should be defined by regulation to allow for the greater flexibility in determining land use factors;

         IV.      Emergency services areas should also be defined by regulation to allow for greater flexibility in determining the area factors; and

          V.      The current restrictions on judicial review in section 10(9) of the Act should be removed.:

                 Debate resumed.

                 On motion of the Hon. P. Holloway, the debate was adjourned until Wednesday, 28 June 2000.

 

Emergency

Services

Funding  Act -

Motion re.

 

17.

Ordered - separately - That Orders of the Day (Private Business) No. 24 to No. 33 be Orders of the Day for Wednesday, 28 June 2000.

 

Postponement

of Business.

 

18.

Ordered - That Order of the Day (Private Business) No. 34 be postponed and taken into consideration on motion.

 

Postponement

of Business.

 

19.

Ordered - separately - That Orders of the Day (Private Business) No. 35 and No. 36 be Orders of the Day for Wednesday, 28 June 2000.

 

Postponement

of Business.

 

20.

The Attorney-General, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to regulate the cremation of human remains; to repeal the Cremation Act 1891; 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. P. Holloway, the debate was adjourned until next day of sitting.

 

Cremation Bill.

 

21.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 6 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

 

22.

Ordered - That Order of the Day (Government Business) No. 7 be postponed and taken into consideration on motion.

 

Postponement

of Business.

 

23.

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

 

Postponement

of Business.

 

24.

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

 

Postponement

of Business.

 

25.

Ordered - That Orders of the Day (Government Business) No. 10 to No 21 be postponed and taken into consideration after Order of the Day (Government Business) No. 22.

 

Postponement

of Business.

 

26.

On the Order of the Day being read for the adjourned debate on the question - That the Boxing and Martial Arts Bill be now read a second time:

                 Debate resumed.

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

 

Boxing and

Martial Arts

Bill.

 

27.

Ordered - That Orders of the Day (Government Business) No. 10 to No. 19 be postponed and taken into consideration on motion.

 

Postponement

of Business.

 

28.

On the Order of the Day being read for the adjourned debate on the question - That the South Australian Forestry Corporation 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.

 

South Australian Forestry

Corporation Bill.

 

29.

Ordered - That Orders of the Day (Government Business) No. 21 and No. 23 to No. 28 be postponed and taken into consideration on motion.

 

Postponement

of Business.

 

30.

At four 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.

 

 

31.

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

 

In the Committee

 

                          Clause No. 3 further considered, amended and agreed to.

                          Clause No. 4 read.

                 Question - That clause No. 4 stand as printed - put.

Committee divided:

Gambling Industry Regulation Bill.

 

 

Ayes, 6

The Hon. T. G. Cameron

The Hon. M. J. Elliott

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. A. J. Redford

The Hon. N. Xenophon (Teller)

 

Noes, 14

The Hon. T. Crothers

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. K. T. Griffin

The Hon. P. Holloway

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

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. C. Zollo

The Hon. R. I. Lucas (Teller)

 

 

 

        So it passed in the negative.

                          Clause No. 4 struck out.

                          Clause No. 5 to No. 11 struck out.

                          Clauses No. 12 and No. 13:

 

 

 

                 The President made the following statement:

                 “As clauses No. 12 and No. 13 are “Money Clauses”, a request would normally be made to the House of Assembly for the insertion of these clauses.  However, as these clauses are in connection with the Gambling Impact Authority, it would be contradictory to ask the House of Assembly to insert the clauses after the Council has resolved to strike out clauses No. 5 to No. 11 which relate to the Gambling Impact Fund.  Therefore no request will now be made to the House of Assembly to insert clauses No. 12 and No. 13.”

                          Clause No. 14 read.

                 Question - That clause No. 14 stand as printed - put.

          Committee divided

President’s Statement -

Request not made

to Assembly to

insert money

clauses.

 

 

:Ayes, 2

The Hon. T. G. Cameron

The Hon. N. Xenophon (Teller)

.

Noes, 17

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. 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. C. Zollo

The Hon. R. I. Lucas (Teller)

 

 

 

        So it passed in the negative

                          Clause No. 14 struck out.

                          Clause No. 15 struck out.

                          Clause No. 16 read.

                 Question - That clause No. 16 stand as printed - put.

Committee divided:

 

 

 

 

Ayes, 4

The Hon. T. G. Cameron

The Hon. M. J. Elliott

The Hon. I. Gilfillan

The Hon. N. Xenophon (Teller)

 

Noes, 15

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

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. 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. C. Zollo

The Hon. R. I. Lucas (Teller)

 

 

 

 

So it passed in the negative.

                          Clause No. 16 struck out.

                          Clause No. 17 struck out.

                          Clause No. 18 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 Wednesday, 28 June 2000.

 

 

 

32.

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.

                 Question put and passed.

                 Bill read a second time.

                 Ordered - That the Committee stages be an Order of the Day for next day of sitting.

 

Criminal Law Consolidation (Mental Impairment) Amendment Bill.

 

33.

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

                 Debate resumed.

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

 

Forest Property

Bill.

 

34.

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

 

Postponement

of Business.

 

35.

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

 

Next Day

of Sitting.

 

 

  36.

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

Message No. 63

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Public Trustee Act 1995 and the Trustee Companies Act 1988, without any amendment.

House of Assembly, 31 May 2000.                                                                     J.K.G. OSWALD, Speaker.

 

Messages from

House of Assembly:

Statutes Amendment (Public Trustee and Trustee Companies - GST) Bill.

 

 

 

Message No. 64

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Corporations (South Australia) Act 1990, without any amendment.

House of Assembly, 31 May 2000.                                                                     J.K.G. OSWALD, Speaker.

 

Corporations

(South Australia) (Miscellaneous) Amendment Bill.

 

 

 

Message No. 65

                 MR. PRESIDENT - The House of Assembly has agreed to the amendments suggested by the Legislative Council in the National Tax Reform (State Provisions) Bill without any amendment and has amended the Bill accordingly.

House of Assembly, 31 May 2000.                                                                     J.K.G. OSWALD, Speaker.

 

National Tax

Reform (State Provisions) Bill.

 

 

 

Message No. 66

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Mining Act 1971 and the Opal Mining Act 1995, without any amendment.

House of Assembly, 31 May 2000.                                                                     J.K.G. OSWALD, Speaker.

 

Statutes

Amendment (Extension of

Native Title Sunset Clauses) Bill.

 

 

37.

The Hon. M. J. Elliott, according to order, moved - That the Regulations under the Native Vegetation Act 1991 concerning Exemptions, made on 16 December 1999 and laid on the Table of this Council on 28 March 2000, be disallowed.

                 On motion of the Hon. T. G. Roberts, the debate was adjourned until Wednesday, 28 June 2000.

 

Native Vegetation

Act - Regulations -

Exemption -

Motion for

disallowance of.

 

38.

Council adjourned at seventeen minutes to twelve o’clock midnight 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. 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