SOUTH AUSTRALIA]

No. 41

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

THURSDAY  31  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 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.

The Attorney-General, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to provide for the appointment of the State Coroner and other coroners; to establish the Coroner’s Court; to repeal the Coroners Act 1975; to amend certain other Acts and statutory instruments; 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. T. G. Roberts, the debate was adjourned until next day of sitting.

 

Coroners Bill.

   4.

The Attorney-General, according to order, moved - That the Real Property (Fees) Amendment Bill be now read a second time.

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

 

Real  Property
(Fees)
Amendment Bill.

 

   5.

Ordered - That Orders of the Day (Government Business) No. 2 to No. 7 be postponed and taken into consideration after Order of the Day (Government Business) No. 8.

 

Postponement
of Business.

    6.

The Council, according to order, resolved itself into a Committee of the whole for the further consideration of the Dental Practice Bill.

 

In the Committee

 

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

                          Clauses No. 4 and No. 5 agreed to.

                          Clause No. 6 read.

                 The Minister for Transport and Urban Planning moved on page 9, line 19, to leave out “5” and insert “6”, on page 9, line 20, to leave out “2” and insert “3” and on page 10, line 1, to leave out “3 and insert “2”.

                 Question - That the amendments be agreed to - put.

Dental Practice
Bill.

 

      Council divided:

Ayes, 8

The Hon. T. Crothers

The Hon. J.S.L. Dawkins

The Hon. K. T. Griffin

The Hon R. D. Lawson

The Hon. A. J. Redford

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. D. V. Laidlaw (Teller)

So it was resolved in the affirmative.

 

Noes, 7

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. C. A. Pickles

The Hon. R. R. Roberts

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

 

                          Clause No. 6, as amended and otherwise amended, agreed to.

                          Clauses No. 7 to No. 14 agreed to.

                          Clause No. 15 amended and agreed to.

                          Clause No. 16 amended and agreed to.

                          Clause No. 17 amended and agreed to.

                          Clauses No. 18 to No. 24 agreed to.

                          Clause No. 25 amended and agreed to.

                          Clauses No. 26 to No. 28 agreed to.

                          Clause No. 29 amended and agreed to.

                          Clause No. 30 amended and agreed to.

                          Clause No. 31 read.

                 The Hon. S. M. Kanck moved on page 21, line 4, after “treatment” to insert “for which the dentist has undergone appropriate training”.

                 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.

 

 

   7.

At three minutes 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.

 

    8.

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

Message No. 10.

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

                 No. 15 of 2001 - An Act to amend the Listening Devices Act 1972; and to make related amendments to the Director of Public Prosecutions Act 1991.

                 No. 16 of 2001 - An Act to amend the Development Act 1993, the Environment Protection Act 1993, the Mining Act 1971, the Native Vegetation Act 1991, the Petroleum Act 2000 and the Water Resources Act 1997.

                 No. 17 of 2001 - An Act to amend the Harbors and Navigation Act 1993, the Motor Vehicles Act 1959 and the Road Traffic Act 1961.

Government House, Adelaide, 31 May 2001.                                            E. J. NEAL, Governor.

 

Message from
Governor:
Assent to Bills.

    9.

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

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

                 Reports, 2000 -

                          Senior Secondary Assessment Board of South Australia.

                          Teachers Registration Board of South Australia.

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

                 Transfer Order pursuant to Section 6 of the South Australian Ports (Disposal of Maritime Assets) Act 2000 - Erratum.

 

Papers.

10.

Ordered - That Orders of the Day (Government Business) No. 2 to No. 7 and No. 9 to No. 18 be postponed and taken into consideration after Order of the Day (Government Business) No. 22.

 

Postponement
of Business.

11.

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.

                 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. 8 agreed to.

                          Title agreed to.

_____________________

 

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

                 The 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.

 

Corporations
(Commonwealth
Powers) Bill.

12.

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.

                 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. 31 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.

 

Corporations
(Ancillary
Provisions) Bill.

13.

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.

                 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. 10 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.

 

Corporations
(Administrative
Actions) Bill.

 

                 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.

 

 

14.

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.

                 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

 

                          Clause No. 1 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.

 

Statutes
Amendment (Corporations)
Bill.

15.

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

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

                 Budget Paper No. 1, 2001-2002 - Budget at a Glance.

                 Budget Paper No. 2, 2001-2002 - Budget Speech.

                 Budget Paper No. 3, 2001-2002 - Budget Statement.

                 Budget Paper No. 4, 2001-2002 - Estimates Statement.

                 Budget Paper No. 5, Volumes 1 and 2, 2001-2002 - Portfolio Statements.

                 Budget Paper No. 6, 2001-2002 - Capital Investment Statement.

                 Budget Paper No. 7, 2001-2002 - Employment Statement.

Budget Paper No. 8, 2001-2002 - Regional South Australia: Making a Difference - Regional Statement.

 

Papers.

16.

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

 

In the Committee

 

                          Clause No. 1 further considered and agreed to.

                          Clauses No. 2 to No. 121 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
(Corporations)
Bill.

17.

Ordered - That the adjourned debate on the question - That the Land Agents (Registration) 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 Bill’s consideration in Committee be an order of the Day for next day of sitting.

 

Land Agents
(Registration)
Amendment Bill.

  18.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Dental Practice Bill.

 

In the Committee

 

                          Clause No. 31, which the Hon. S. M. Kanck had moved to amend on page 21, line 4, after “treatment” by inserting “for which the dentist has undergone appropriate training” - further considered.

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

                 The Hon. S. M. Kanck moved on page 21, line 10, after “denture” to insert “, mouthguard or nightguard” and on page 21, line 17, after “denture” to insert “, mouthguard or nightguard”.

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

                 The Hon. S. M. Kanck moved on page 21, lines 24 and 25, to leave out paragraph (f) and insert the following:

                  (f)  registration on the register of dental therapists authorises the therapist to provide dental treatment of the prescribed kind, in prescribed circumstances—

                          (i)      until the third anniversary of this section—to any person under the age of 30 years;

                          (ii)     on and after that anniversary—to a person of any age;”

                 The Hon. P. Holloway moved on page 21, line 25, to leave out “to children”.

                 Question - That all words down to but excluding “to children” in line 25, stand as printed - put and passed.

                 Question - That the amendment moved by the Hon. P. Holloway be agreed to - put and passed.

                          Clause No. 31, as amended, agreed to.

                          Clause No. 32 amended and agreed to.

                          Clause No. 33 amended and agreed to.

                          Clause No. 34 amended and agreed to.

                          Clause No. 35 agreed to.

                          Clause No. 36 amended and agreed to.

                          Clause No. 37 amended and agreed to.

                          Clause No. 38 amended and agreed to.

                          Clauses No. 39 to No. 41 agreed to.

                          Clause No. 42 amended and agreed to.

                          Clause No. 43 amended and agreed to.

                          Clause No. 44 amended and agreed to.

                          Clause No. 45 amended and agreed to.

                          Clause No. 46 amended and agreed to.

                          Clauses No. 47 and No. 48 agreed to.

                          Clause No. 49 amended and agreed to.

                          Clause No. 50 agreed to.

                          Clause No. 51 amended and agreed to.

                          Clause No. 52 amended and agreed to.

                          Clause No. 53 amended and agreed to.

                          Clause No. 54 amended and agreed to.

                          Clause No. 55 amended and agreed to.

                          Clause No. 56 amended and agreed to.

                          Clause No. 57 amended and agreed to.

                          Clause No. 58 agreed to.

                          Clause No. 59 amended and agreed to.

                          Clause No. 60 amended and agreed to.

                          New clause No. 60A inserted.

                          Clause No. 61 amended and agreed to.

                          Clause No. 62 amended and agreed to.

                          Clauses No. 63 and No. 64 agreed to.

                          Clause No. 65 amended and agreed to.

                          Clauses No. 66 and No. 67 agreed to.

                          Clause No. 68 amended and agreed to.

                          Clause No. 69 amended and agreed to.

                          Clause No. 70 amended and agreed to.

 

Dental Practice
Bill.

 

                          New clause No. 70A inserted.

                          Clause No. 71 amended and agreed to.

                          Clause No. 72 amended and agreed to.

                          New clause No. 72A inserted.

                          Clause No. 73 amended and agreed to.

                          New clause No. 73A inserted.

                          Clause No. 74 amended and agreed to.

                          Clause No. 75 amended and agreed to.

                          New clause No. 75A inserted.

                          Clauses No. 76 to No. 81 agreed to.

                          New clause No. 81A inserted.

                          Clauses No. 82 to No. 85 agreed to.

                          Schedule amended and 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.

                 Ordered - That the Bill be recommitted in respect of clause No. 3.

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

 

 

  19.

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

 

Postponement
of Business.

20.

Council adjourned at twenty-four minutes past six o’clock 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. 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