LEGISLATIVE COUNCIL

OF

SOUTH AUSTRALIA

________________

 

STATISTICS

________________

 

FIRST SESSION OF THE FORTY-EIGHTH PARLIAMENT

________________

 

10 February 1994 to 16 June 1994

________________

 

 

TABLE OF CONTENTS
___________

 

Members of the Legislative Council

Officers of the Legislative Council

Committees

 

Standing Committees -

   

Environment, Resources and Development Committee
Legislative Review Committee
Social Development Committee
Statutory Authorities Review Committee

 

Joint Committees -

   

Joint Parliamentary Service Committee
Joint Committee on Women in Parliament
Joint Committee on South Australia’s Living Resources

 

Sessional Committees -

   

Standing Orders Committee
Printing Committee

 

Select Committees -

   

Select Committee on the Redevelopment of the Marineland Complex and Related Matters
Select Committee on the Circumstances related to the Stirling Council pertaining to and arising from the Ash Wednesday 1980 Bushfires and Related Matters
Select Committee on the Control and Illegal Use of Drugs of Dependence

List of Bills considered by Legislative Council

 

Total Number of Bills considered by Legislative Council
Total Number of Bills passed by both Houses
Bills considered by Legislative Council which have not passed both Houses

Sittings of Council

List of Bills which passed both Houses of Parliament

 

Bills originated in Legislative Council
Bills originated in House of Assembly

List of Bills introduced in and amended by Legislative Council

List of House of Assembly Bills amended by Legislative Council

Substantive Motions and Resolutions

 

Address-in-Reply
Government Motions
Motions on LC Select Committees
Motions on Joint Committees
Motions for Disallowance of Regulations, Rules and By-laws
Private Members’ Motions

Synopsis of Legislation

 

 

MEMBERS OF THE LEGISLATIVE COUNCIL
___________

 

The Hon. Henry Peter Kestel DUNN, R.D.A. (President of the Legislative Council)

The Hon. Trevor CROTHERS

The Hon. Legh Hewitson DAVIS, LL.B., B.Ec., A.A.S.A.

The Hon. Michael John ELLIOTT, B.Sc., Grad.Dip.T.

The Hon. Mario Severino FELEPPA

The Hon. Kenneth Trevor GRIFFIN, LL.M. (Attorney-General, Minister for Consumer Affairs)

The Hon. James Campbell IRWIN

The Hon. Sandra Myrtho KANCK, Dip.T.

The Hon. Diana Vivienne LAIDLAW, B.A. (Minister for Transport, Minister for the Arts, Minister for the Status of Women)

The Hon. Robert David LAWSON, Q.C., R.F.D., B.A., LL.B.

The Hon. Judith Anne LEVY, M.Sc.

The Hon. Robert Ivan LUCAS, B.Sc., B.Ec., M.B.A. (Minister for Education and Children’s Services)

The Hon. Bernice Swee Lian PFITZNER, M.B.B.S., M.D.

The Hon. Carolyn Ann PICKLES, J.P. (Leader of the Opposition, Legislative Council)

The Hon. Angus John REDFORD, LL.B.

The Hon. Ronald Roy ROBERTS

The Hon. Terance Gerald ROBERTS

The Hon. Caroline Veronica SCHAEFER

The Hon. Julian Ferdinand STEFANI, O.A.M.

The Hon. Christopher John SUMNER, B.A., LL.B., Grad.Dip.Arts (Leader of the Opposition, Legislative Council)

The Hon. George WEATHERILL

The Hon. Barbara Jean WIESE

 

 

OFFICERS OF THE LEGISLATIVE COUNCIL
___________

 

PRESIDENT

 

The Hon. Henry Peter Kestel DUNN, R.D.A.

CLERK OF THE LEGISLATIVE COUNCIL

 

Mrs. Janice M. DAVIS, B.A.(Juris.)

DEPUTY CLERK AND USHER OF THE BLACK ROD

 

Mr. Trevor R. BLOWES, B.A.

CLERK-ASSISTANT

 

Mr. Christopher D. SCHWARZ, B.A.(Comm.)

PARLIAMENTARY OFFICER

 

Mr Paul D. TIERNEY, B.A.

 

 

COMMITTEES
___________

 

COMMITTEES APPOINTED UNDER
PARLIAMENTARY COMMITTEES ACT 1991
INCLUSIVE OF LEGISLATIVE COUNCIL MEMBERS
___________

 

ENVIRONMENT, RESOURCES AND DEVELOPMENT COMMITTEE

 

Appointed 10 February 1994

   

The Hon M J Elliott MLC
The Hon T G Roberts MLC
The Hon C V Schaefer MLC

Ms A K Hurley MP
Mrs D C Kotz, MP
Mr I H Venning MP

Committee Secretary: Mr. A. Murphy, Ms. G. Sladden, B.A., Grad.Dip.Lib.

LEGISLATIVE REVIEW COMMITTEE

 

Appointed 10 February 1994

   

The Hon M S Feleppa MLC
The Hon R D Lawson MLC
The Hon R R Roberts MLC

Mr R D Clarke MP
Mr S G Condous MP
Ms J G Cummins MP

Committee Secretary: Mr. D. Pegram, B.A.

SOCIAL DEVELOPMENT COMMITTEE

 

Appointed 10 February 1994

   

The Hon S M Kanck MLC
The Hon BSL Pfitzner MLC
The Hon C A Pickles MLC

Mr M J Atkinson MP
Mr S R Leggett MP
Mr J Scalzi MP

Committee Secretary: Ms. V. Evans, B.A.(Hons.)

STATUTORY AUTHORITIES REVIEW COMMITTEE

 

Appointed 18 May 1994

   

The Hon T Crothers MLC
The Hon L H Davis MLC
The Hon JAW Levy MLC

The Hon A J Redford MLC
The Hon J F Stefani MLC

Committee Secretary: Yet to be appointed.

 
 
 

JOINT COMMITTEES
___________

 

JOINT PARLIAMENTARY SERVICE COMMITTEE

 

Appointed 10 February 1994

   

The President (The Hon HKP Dunn MLC)
The Hon T Crothers MLC
The Hon J C Irwin MLC

The Speaker (The Hon G M Gunn MP)
Mr M R DeLaine MP
The Hon I P Lewis MP

 

JOINT COMMITTEE ON WOMEN IN PARLIAMENT

 

Appointed 4 May 1994

   

The Hon S M Kanck MLC
The Hon C A Pickles MLC
The Hon A J Redford MLC

Ms J M Greig MP
Mr S R Leggett MP
Ms L Stevens MP

 

JOINT COMMITTEE ON SOUTH AUSTRALIA’S LIVING RESOURCES

 

Appointed 13 May 1994

   

The Hon M J Elliott MLC
The Hon C A Pickles MLC
The Hon C V Schaefer MLC

Mr M R Buckby MP
Mrs R K Geraghty MP
The Hon D C Wotton MP

 
 
 

SESSIONAL COMMITTEES
___________

 

STANDING ORDERS COMMITTEE

 

Appointed 10 February 1994

   

The President (The Hon HPK Dunn MLC)
The Hon K T Griffin MLC
The Hon R I Lucas MLC

The Hon C J Sumner MLC
The Hon G Weatherill MLC

 

PRINTING COMMITTEE

 

Appointed 10 February 1994

   

The Hon M S Feleppa MLC
The Hon J C Irwin MLC
The Hon BSL Pfitzner MLC

The Hon A J Redford MLC
The Hon T G Roberts MLC

 
 
 

SELECT COMMITTEES
___________

 

REDEVELOPMENT OF THE MARINELAND COMPLEX AND RELATED MATTERS

 

Appointed 30 March 1994

   

The Hon R I Lucas MLC (Minister for
Education and Children’s Services
The Hon T Crothers MLC

The Hon R D Lawson MLC
The Hon JAW Levy MLC
The Hon C V Schaefer MLC

 

CIRCUMSTANCES RELATED TO THE STIRLING COUNCIL PERTAINING TO AND ARISING FROM THE ASH WEDNESDAY 1980 BUSHFIRES AND RELATED MATTERS

 

Appointed 30 March 1994

   

The Hon K T Griffin MLC
(Attorney-General)
The Hon T Crothers MLC

The Hon JAW Levy MLC
The Hon BSL Pfitzner MLC
The Hon J F Stefani MLC

 

THE CONTROL AND ILLEGAL USE OF DRUGS OF DEPENDENCE

 

Appointed 20 April 1994

   

The Hon M J Elliott MLC
The Hon J C Irwin MLC
The Hon BSL Pfitzner MLC

The Hon C A Pickles MLC
The Hon G Weatherill MLC

 

 

LIST OF BILLS CONSIDERED BY
LEGISLATIVE COUNCIL

___________

 

TOTAL NUMBER OF BILLS CONSIDERED BY LEGISLATIVE COUNCIL

     
 

Legislative Council origin

32

 
 

House of Assembly origin

31

63

     
 

TOTAL NUMBER OF BILLS PASSED BY BOTH HOUSES

       
 

Legislative Council origin

22

 
 

House of Assembly origin

30

52

 

BILLS CONSIDERED BY COUNCIL WHICH HAVE NOT PASSED BOTH HOUSES

   
 

Legislative Council origin:

 

Conveyancers Bill - lapsed in Council.
Criminal Law Consolidation (Felonies and Misdemeanours) Amendment Bill - lapsed in Council.
Electoral (Political Contributions and Electoral Expenditure) Bill - negatived in Council.
Hindmarsh Island (Variation of Planning Consent) Bill - negatived in Council.
Industrial Relations (Outworkers) Amendment Bill - lapsed in Council.
Land Agents Bill - lapsed in Council.
Land and Business (Sale and Conveyancing) Bill - lapsed in Council.
Land Valuers Bill - lapsed in Council.
Motor Vehicles (Learners’ Permits and Probationary Licences) Amendment Bill - lapsed in Council.
Statutes Amendment (Notice of Closure of Educational Institutions) Bill - lapsed in House of Assembly.

 

House of Assembly origin:

 

Electoral (Abolition of Compulsory Voting) Amendment Bill - negatived in Council.

 

 

SITTINGS OF COUNCIL
___________

 

The Council met on 30 days and sat for a total number of 232 hours 8 minutes.

 

 

LIST OF BILLS WHICH PASSED BOTH
HOUSES OF PARLIAMENT

___________

 

ORIGINATED IN THE LEGISLATIVE COUNCIL

 

Bill No.

Act No.

Acts Interpretation (Commencement Proclamations) Amendment

1, 1A

1

Adelaide Festival Centre Trust (Miscellaneous) Amendment

21, 21A

16

Administrative Arrangements

3

3

Criminal Law Consolidation (Child Sexual Abuse) Amendment

5, 5A, 5B

23

Criminal Law Consolidation (Sexual Intercourse) Amendment

30

19

Criminal Law Consolidation (Stalking) Amendment

6

7

Domestic Violence

41, 41A

22

Harbors and Navigation (Ports Corporation and Miscellaneous) Amendment

40

45

Juries (Jurors in Remote Areas) Amendment

23, 23A

24

Limitation of Actions (Recovery of Taxes and Substantive Law) Amendment

24, 24A

41

Liquor Licensing (Gaming Machines) Amendment

38

42

Parliamentary Committees (Miscellaneous) Amendment

12, 12A

18

Passenger Transport

7, 7A

30

Real Property (Miscellaneous) Amendment

9, 9A

11

Retirement Villages (Miscellaneous) Amendment

15, 15A

12

South Australian Ports Corporation

39

44

Statutes Amendment (Attorney-General’s Portfolio)

32

21

Statutes Amendment (Constitution and Members Register of Interests)

19, 19A

40

Statutes Amendment (Courts)

37, 37A

43

Statutes Repeal (Incorporation of Ministers)

2

2

Summary Procedure (Restraining Orders) Amendment

42, 42A

20

Wills (Miscellaneous) Amendment

11

9

 

ORIGINATED IN THE HOUSE OF ASSEMBLY

 

Bill No.

Act No.

Acts Interpretation (Monetary Amounts) Amendment

33

15

Agricultural and Veterinary Chemicals (South Australia)

47

47

Constitution (Electoral Districts Boundaries Commission) Amendment

57

36

Controlled Substances (Destruction of Cannabis) Amendment

55

27

Correctional Services (Prisoners’ Goods) Amendment

14

4

Crown Lands (Liability of the Crown) Amendment

46

26

Debits Tax

34

13

Forestry (Abolition of Board) Amendment

49

34

Guardianship and Administration (Approved Treatment Centres) Amendment


27


8

Industrial and Employee Relations

43,43A,43B

52

Irrigation

50

39

Local Government (Miscellaneous Provisions) Amendment

18

6

Meat Hygiene

44, 44A

48

Mental Health (Transitional Provision) Amendment

28

10

Occupational Health, Safety and Welfare (Administration) Amendment

26, 26A

50

Pay-roll Tax (Miscellaneous) Amendment

17

5

Petroleum (Submerged Lands) (Miscellaneous) Amendment

20, 20A

29

Police (Surrender of Property on Suspension) Amendment

51

32

Racing (Miscellaneous) Amendment

29, 29A

25

Stamp Duties (Concessions) Amendment

36, 36A

31

Stamp Duties (Securities Clearing House) Amendment

35

14

State Bank (Corporatisation)

31, 31A

17

Statutes Amendment (Closure of Superannuation Schemes)

56, 56A

46

Statutes Amendment (Truth in Sentencing)

52

35

Statutes Amendment (Waterworks and Sewerage)

54

33

Statutes Repeal (Obsolete Agricultural Acts)

58

38

Superannuation (Miscellaneous) Amendment

45, 45A

37

Supply

13

28

WorkCover Corporation

22, 22A

51

Workers Rehabilitation and Compensation (Administration) Amendment

25, 25A

49

 

 

LIST OF BILLS INTRODUCED IN AND
AMENDED BY LEGISLATIVE COUNCIL

___________

 


TITLE OF BILL

NO. OF AMENDMENTS
MADE BY
LEGISLATIVE COUNCIL

Acts Interpretation (Commencement Proclamations) Amendment

2

Adelaide Festival Centre Trust (Miscellaneous) Amendment

2

Criminal Law Consolidation (Child Sexual Abuse) Amendment

8

Domestic Violence

9

Juries (Jurors in Remote Areas) Amendment

3

Limitation of Actions (Recovery of Taxes and Substantive Law) Amendment


2

Parliamentary Committees (Miscellaneous) Amendment

11

Passenger Transport

65

Real Property (Miscellaneous) Amendment

8

Retirement Villages (Miscellaneous) Amendment

1

Statutes Amendment (Constitution and Members Register of Interests)

8

Statutes Amendment (Courts)

2

Summary Procedure (Restraining Orders) Amendment

12

 

 

LIST OF HOUSE OF ASSEMBLY BILLS
AMENDED BY LEGISLATIVE COUNCIL

___________

 


Title of Bill

No. of
Amendments
made by
L.C.

No. of
Amendments
agreed to by
by H.A.

No. of
Amendments
disagreed to
by H.A.

No. of
Amendments
not insisted
on by L.C.

No. of
Amendments
insisted on
by L.C.


Conference/
Resolution

Industrial and Employee Relations

142

142

-

-

-

-

Meat Hygiene

1

-

1

-

1

Conference -
Agreement
Reached

Occupational Health, Safety and Welfare (Administration) Amendment

31

16
(7 with HA
amendments,
1 disagreed
to by LC
and LC
amendment
insisted on,
and
consequential
amendment
made in
respect of 1)

15
(12 with
alternative
amendments
and
consequential
amendment
to Bill,
2 alternative
amendments disagreed
to by LC,
1 disagreed to
and further
alternative
amendment
made by LC,
2 agreed to
with LC
amendments
and
consequential
amendment
disagreed to.

13
(2 with HA
alternative
amendments
amended
by LC,
1 with HA
alternative
amendment
disagreed to
by LC and
alternative
amendment
subsequently
made to LC
amendment)

3

HA alternative
amendments
not insisted
on, HA
amendment
to amendment
not insisted
on, amend-
ments made
by LC to HA
alternative
amendments
agreed to,
alternative
amendment
made by LC
agreed to,
consequential
amendment
made by LC
to HA
amendment agreed to
and HA
consequential
amendment
not insisted on.

Petroleum (Submerged Lands) (Miscellaneous) Amendment

2

2

-

-

-

-

Racing (Miscellaneous) Amendment

3

3

-

-

-

-

Stamp Duties (Concessions) Amendment

5

5

-

-

-

-

State Bank (Corporatisation)

6

6

-

-

-

-

Statutes Amendment (Closure of Superannuation Schemes)

3

1

2

-

2

Conference -
Agreement
Reached

Superannuation (Miscellaneous) Amendment

1

1

-

-

-

-

WorkCover Corporation

23

21
(2 with
amendments
subsequently
agreed to by
LC & 1
disagreed to)

2
(with
alternative amendments subsequently agreed to
by LC)

3
(2 with HA
amendments
agreed to
by LC,
1 with HA
amendment
subsequently
disagreed to
by LC &
alternative
amendment
made)

-

HA
alternative
amendment
not insisted
on and
alternative
amendment
made by LC
agreed to.

Workers Rehabilitation and Compensation (Administration) Amendment

21

7
(1 with a
consequential
amendment
agreed to by
LC, 1 with
amendments
agreed to
by LC)

14
(8 with
alternative
amendments)

8
(3 with
alternative
amendments
agreed to by
LC, 1 with
alternative
amendments
amended
by LC)

6
(3 with
alternative
amendments
disagreed to
by LC, 2
subsequently
further
amended
by LC)

HA alternative
amendment
not insisted
on and
disagreement
to LC
amendments
not further
insisted on,
LC amend-
ment to HA
alternative
amendment
agreed to,
LC further
amendment
to its
amendment
agreed to.

 

 

SUBSTANTIVE MOTIONS AND RESOLUTIONS
___________

 

ADDRESS-IN-REPLY - motion for adoption of -

 

Moved by The Hon. R. D. Lawson, 15 February 1994.
Seconded by
The Hon. A. J. Redford, 15 February 1994.
Adopted and presented to
Her Excellency The Governor on 24 February 1994.

 

GOVERNMENT MOTIONS -

 

Compulsory Inspection of all Motor Vehicles at Change of Ownership - Referral to Environment, Resources and Development Committee -

   

Moved by the Minister for Transport, 10 March 1994. (Motion discharged.)

 

SELECT COMMITTEES - COUNCIL -

 

Circumstances Related to The Stirling Council pertaining to and arising from the Ash Wednesday 1980 Bushfires and Related Matters

   

Appointment of - moved by the Attorney-General, 9 March 1994, and agreed to, 30 March 1994.

   

Power to sit during the recess - moved by the Attorney-General and agreed to, 3 May 1994.

 

Control and Illegal Use of Drugs of Dependence

   

Appointment of - moved by The Hon. M. J. Elliott, 30 March 1994; amendment moved by The Hon. B.S.L. Pfitzner and disagreed to, 20 April 1994; motion agreed to, 20 April 1994.

   

Power to sit during the recess - moved by The Hon. B.S.L. Pfitzner and agreed to, 20 April 1994.

 

Redevelopment of the Marineland Complex and Related Matters -

   

Appointment of - moved by the Minister for Education and Children’s Services, 9 March 1994, and agreed to, 30 March 1994.

   

Power to sit during the recess - moved by the Minister for Education and Children’s Services and agreed to, 3 May 1994.

 

Structure of Government in South Australia -

   

Appointment of - moved by The Hon. C. J. Sumner, 11 May 1994. (Motion lapsed due to Prorogation).

   

Report brought up, 7 February 1995.

 

COMMITTEES - JOINT -

 

South Australia’s Living Resources -

   

Message from House of Assembly requesting concurrence in House of Assembly Resolution, 10 May 1994.

   

Motion to agree to Resolution moved by the Minister for Transport and agreed to, 13 May 1994.

   

Motion to agree to Resolution moved by the Minister for Transport and agreed to, 13 May 1994.

 

Women in Parliament -

   

Appointment of - moved by the Minister for Transport, 8 March 1994; amendment moved by The Hon. C. A. Pickles, 22 March 1994; amendment moved by The Hon. S. M. Kanck, 23 March 1994; The Hon. C. A. Pickles’ amendment agreed to; The Hon. S. M. Kanck’s amendment disagreed to; motion, as amended, agreed to, 24 March 1994.

   

Message to House of Assembly requesting concurrence, 24 March 1994.

   

Message from House of Assembly concurring with Resolution, 3 May 1994.

   

Appointment of Council Members - moved by the Minister for Transport and agreed to, 3 May 1994.

 

MOTIONS FOR DISALLOWANCE OF REGULATIONS, RULES AND BY-LAWS -

 

Moved by Member on own behalf -

   

Workers Rehabilitation and Compensation Act - Assessment of Non-Economic Loss -
Moved by The Hon. M. J. Elliott, 20 April 1994. (Motion lapsed due to prorogation.)

   

Workers Rehabilitation and Compensation Act - Assessment of Non-Economic Loss -
Moved by The Hon. R. R. Roberts, 4 May 1994. (Motion lapsed due to prorogation.)

   

Workers Rehabilitation and Compensation Act - Hearing Loss -
Moved by The Hon. R. R. Roberts, 3 May 1994. (Motion lapsed due to prorogation.)

   

Workers Rehabilitation and Compensation Act - Written Determinations -
Moved by The Hon. R. R. Roberts, 3 May 1994. (Motion lapsed due to prorogation.)

 

Moved by Member on behalf of Legislative Review Committee -

   

District Council of Murat Bay - By-law No. 16 - Moveable Signs -
Moved by The Hon. R. D. Lawson, 13 April 1994 and agreed to, 20 April 1994.

   

District Council of Stirling - By-law No. 42 - Moveable Signs -
Moved by The Hon. R. D. Lawson, 13 April 1994 and agreed to, 20 April 1994.

   

Workers Rehabilitation and Compensation Act - Assessment of Non-Economic Loss -
Moved by The Hon. R. D. Lawson, 11 May 1994 and agreed to 11 May 1994.

   

Workers Rehabilitation and Compensation Act - Hearing Loss -
Moved by The Hon. R. D. Lawson, 11 May 1994. (Motion lapsed due to Prorogation.)

   

Government Management and Employment Act - Various Amendments -
Moved by The Hon. R. D. Lawson, 11 May 1994. (Motion lapsed due to Prorogation.)

 

PRIVATE MEMBERS’ MOTIONS -

 

Adelaide to Darwin Railway Line -

   

Moved by The Hon. S. M. Kanck, 23 February 1994; amendment moved by the Minister for Transport, 30 March 1994; amendment moved by The Hon. B. J. Wiese, 20 April 1994; amendment of the Minister for Transport disagreed to; amendment of The Hon. B. J. Wiese agreed to; motion, as amended, agreed to, 4 May 1994.

 

Code of Conduct for Members of Parliament -

   

Moved by The Hon. C. J. Sumner, 16 February 1994; amendment moved by the Attorney-General, 4 May 1994; amendment disagreed to and motion agreed to, 4 May 1994.

 

Legislative Review Committee to examine amendments to the Criminal Injuries Compensation Act -

   

Moved by The Hon. M. J. Elliott, 20 April 1994; motion agreed to, 11 May 1994.

 

Members of Parliament - Living away from home allowance -

   

Members of Parliament - Living away from home allowance -

 

Racism in South Australia - Condemnation of -

   

Racism in South Australia - Condemnation of -

 

Screening for Cancer of the Cervix -

   

Moved by The Hon. B.S.L. Pfitzner, 30 March 1994, and agreed to, 4 May 1994.

 

Select Committee on the Penal System in South Australia - Evidence of to be referred to Social Development Committee -

   

Moved by The Hon. B.S.L. Pfitzner, 9 March 1994; amendment moved by The Hon. C. A. Pickles; amendment agreed to and motion, as amended, agreed to, 30 March 1994.

 

Sellicks Hill Cave and Roxby Downs Water Leakage -

   

Moved by The Hon. M. J. Elliott, 23 February 1994; amendment moved by The Hon. C. A. Pickles, 23 March 1994; amendment moved by The Hon. C. V. Schaefer, 20 April 1994; amendment moved by The Hon. C. A. Pickles agreed to; amendment moved by The Hon. C. V. Schaefer disagreed to; motion, as amended by The Hon. C. A. Pickles, agreed to, 4 May 1994.

 

Social Development Committee - Interim Report on Rural Poverty in South Australia - Noting of -

   

Moved by The Hon. B.S.L. Pfitzner, 4 May 1994; and agreed to, 11 May 1994.

 

Writers’ Week Committee - Restructuring of -

   

Moved by The Hon. J.A.W. Levy, 11 May 1994. (Motion lapsed due to Prorogation.)

 

 

SYNOPSIS OF LEGISLATION
___________

 

ACTS INTERPRETATION (COMMENCEMENT PROCLAMATIONS) AMENDMENT BILL

 

Section 7(3) of the Acts Interpretation Act 1915 states that where an Act provides that it will come into operation on a day to be fixed by Proclamation, the Governor may by Proclamation fix a day for the entire Act to come into operation, or fix different days for different provisions to come into operation and, if desired, suspend the operation of specified provisions. It has been common practice for commencement Proclamations to specify a future date for an Act, or provisions of an Act, to come into operation. Once such a Proclamation has been made it is impossible to alter the proposed date of commencement because the Governor does not have the power to vary or revoke the Proclamation.

 

The lack of power to change the commencement date has become a problem in relation to the new Children’s Protection Act 1993. This Act came into force on 1 January 1994 except for provisions relating to family care meetings which will come into operation on 1 March 1994. The Courts Administration Authority has advised the Government that the administrative arrangements for family care meetings cannot be in place by 1 March 1994.

 

The purpose of this Bill is to insert a power into section 7 of the Acts Interpretation Act 1915 to enable the Governor to delay the commencement of the provisions of the Children’s Protection Act 1993 relating to family care meetings.

   

(February 15, 22, 23 - Act No. 1 of 1994)

 

ADELAIDE FESTIVAL CENTRE TRUST (MISCELLANEOUS) BILL

 

One of the purposes of this Bill is to clarify the activities of the Adelaide Festival Centre Trust in relation to entrepreneurial and commercial activities. The Bill provides that among the Trust’s responsibilities are the responsibilities of -

 







providing advisory, consultative, managerial or support services (within areas of the Trust’s expertise) to persons associated with the conduct of artistic, cultural or performing arts activities;
providing ticketing systems and other related services to persons associated with the conduct of entertainment, sporting or other events or projects after consulting the Minister;
carrying out any other function conferred on the Trust by the principal Act, any other Act or the Minister.

 

The Bill further provides for the insertion of proposed subsection (1a) which provides that proposed subsection (1)(c) (ie. the paragraph dealing with the provision of advisory, consultative, managerial or support services) is subject to the qualification that, after the commencement of this proposed subsection, the Trust must not extend the areas of operation of its services under that paragraph except after consulting with the Minister.

 

The other purpose of the Bill is to amend the Act in relation to the Trust’s liability for rates. The Bill will extend the present limitations on water and sewerage rates from 1 January 1994 until 1 July 1997, following which the Adelaide Festival Centre will be required to pay water and sewerage rates based on whatever future notional capital valuation is determined by a Government valuation for the Festival Centre.

 

The Bill also specifically states that the Festival Centre Trust property is not rateable for the purposes of local government rates.

   

(March 23, April 12, May 3 - Act No. 16 of 1994)

 

ADMINISTRATIVE ARRANGEMENTS BILL

 

The current Administration of Acts Act, 1910 provides a legislative mechanism for effecting variations in the administrative arrangements of Executive Government.

 

The Act provides that the Governor may, by proclamation, commit the administration of an Act to a Minister or confer on a Minister a Ministerial power or function. When an Act provides that a specified Minister shall hold an office, the Governor may, by proclamation, declare that the office is to be held by some other Minister. The Governor may also by proclamation, constitute a Minister, a body corporate and may dissolve such a body corporate and declare that its assets and liabilities are to become assets and liabilities of another Minister as officer. Under the Act, a Minister may also delegate any of his or her statutory powers or functions to any other Ministers.

 

In October, 1992, the Government made a number of Ministerial changes requiring the making of proclamations by the Governor. Due to time constraints at that time and a lack of a readily accessible body of information, a number of the Proclamations made by the Governor were wholly or partly invalid or inappropriate. Also the provisions of the Act were found to be inadequate and to require complex Proclamations to achieve simple objectives.

 

A working group was established and it was agreed that there was a need for a comprehensive and accurate database of information detailing, among other things, the number and names of administrative units and statutory authorities and the Ministers to whom they are responsible and the Acts for which each Minister is responsible.

 

The need to allow for transfer of all or some of the assets, rights and liabilities of a body corporate constituted of a Minister, to the Crown or another body corporate that is an agent or instrumentality of the Crown was identified.

 

It was also considered that a delegation of functions and powers by a Minister to another Minister or other person should remain effective after the primary powers and functions have been transferred to another Minister, until varied or revoked.

 

Further, a reference in an Act, an agreement or contract or any other document to a Minister, officer or Government Department should be able to be read as if it were a reference to a new Minister etc as specified by the Governor by Proclamation.

 

This Bill repeals the existing Act and includes relevant provisions from the Act as well as many of the recommendations of the working group.

   

(February 15, 22, March 22 - Act No. 3 of 1994)

 

CONVEYANCERS BILL

 

This Bill introduces a system of registration for conveyancers. This system will be far more streamlined and efficient than the current licensing system and, as with land agents, will require an applicant to meet certain criteria before being granted registration.

   

(May 12 - Lapsed due to Prorogation)

 

CRIMINAL LAW CONSOLIDATION (CHILD SEXUAL ABUSE) AMENDMENT BILL

 

In 1989, the High Court decided the case of S. The accused was charged with three counts of incest with his daughter. She gave evidence that he had engaged in a course of conduct of sexual abuse from the time she turned 9 or 10 to the time she was 17. This amounted to an allegation of sexual abuse between about 1975 and 1983. Her evidence was that sexual intercourse began when she was 14 (1979) and took place "every couple of months for a year". The charges specified intercourse on a date unknown between 1 January 1980 and 31 December 1980; 1 January 1981 and 31 December 1981; and 8 November 1981 and 8 November 1982 (respectively). A defence request for particulars was refused and the trial judge declined to make any order. On appeal from conviction, the High Court ordered a new trial.

 

The decision of the High Court poses great difficulty in charging defendants where the allegations involve a long period of multiple offending. In some cases, like S, the child - or the adult recalling events which took place when he or she was a child - cannot specify particular dates or occasions when the offence is alleged to have taken place. The result is that defendants are being acquitted even where juries clearly indicate that they accept the evidence that abuse took place at some time.

 

The essence of the legislation is the creation of a new offence of persistent sexual abuse of a child. The offence is proved by proving that the defendant commits a sexual offence against a child on three or more separate occasions. It is provided that "...it is not necessary to specify the dates, or in any other way to particularise the circumstances, of the alleged acts".

   

February 16, March 9, April 20, May 3, 11 - Act No. 23 of 1994)

 

CRIMINAL LAW CONSOLIDATION (FELONIES AND MISDEMEANOURS) AMENDMENT BILL

 

This Bill seeks to abolish the classification of offences as felonies and misdemeanours. The distinction is causing anomalies and unnecessary complexities in the criminal law.

   

(May 5 - Lapsed due to Prorogation)

 

CRIMINAL LAW CONSOLIDATION (SEXUAL INTERCOURSE) AMENDMENT BILL

 

The crime of rape and some other sexual offences depend on the act of sexual intercourse. The current definition is contained in the Criminal Law Consolidation Act. This Bill amends the definition to include penetration of the labia majora or anus of a person by a part of another person or by an object. The Bill is not retrospective.

   

(March 30, April 14, 20, May 4 - Act No. 19 of 1994)

 

CRIMINAL LAW CONSOLIDATION (STALKING) AMENDMENT BILL

 

This Bill inserts a provision in the Criminal Law Consolidation Act providing that a person stalks another if, on at least at two separate occasions, the person -

 








follows the other person; or
loiters outside the place of residence of the other person or some other place frequented by the other person; or
enters or interferes with property in the possession of the other person; or
gives offensive material to the other person, or leaves offensive material where it will be found by, given to or brought to the attention of the other person; or
keeps the other person under surveillance; or
acts in any other way that could reasonably be expected to arouse the other person’s apprehension or fear;

 

and the person intends to cause serious physical or mental harm to the other person or a third person or intends to cause serious apprehension or fear.

 

The penalty for a person found guilty of the offence of stalking differs according to the circumstances surrounding the commission of the offence. If the offender’s conduct contravened an injunction or an order imposed by a court, or the offender was (on any occasion to which the charge relates) in possession of an offensive weapon, the penalty is imprisonment for not more than five years. In any other circumstances the penalty is imprisonment for not more than three years.

 

The offence of stalking may be charged in the same indictment as other offences committed by stalking behaviour - such as threats or assault - but the accused cannot be convicted of more than one offence arising from the same set of facts.

   

(February 16, March 9, 10, 30 - Act No. 7 of 1994)

 

DOMESTIC VIOLENCE BILL

 

This Bill builds on, and develops, the existing protection afforded by the summary protection order provisions in Part VII of the Summary Procedure Act 1921. A schedule to the Bill contains important amendments to the Criminal Law Consolidation Act 1935, the Bail Act 1985 and the Criminal Law (Sentencing) Act 1988.

 

The penalty for assaulting family members is increased to three years’ imprisonment. The Bail Act is amended to require that a bail authority must give primary consideration to the protection of victims of crime when making bail decisions, and finally the Criminal Law (Sentencing) Act is amended to provide that a judge can, when remanding a prisoner for sentence or when imposing a sentence, make a domestic violence restraining order or a restraining order.

 

The Bill provides for the making of domestic violence restraining orders against a defendant if there is reasonable apprehension that the defendant may, unless restrained, commit domestic violence and the court is satisfied that the making of the order is appropriate in the circumstances.

   

(April 21, May 5, 6, 11 - Act No. 22 of 1994)

 

ELECTORAL (POLITICAL CONTRIBUTIONS AND ELECTORAL EXPENDITURE) BILL

 

The Bill seeks to ensure that there is full public accountability for and by those people and organisations who are involved in elections for the South Australian Parliament. The obligations of the Bill fall equally on political parties (registered or otherwise), on candidates, on groups, on individuals, on publishers, on broadcasters, on Government departments and on any organisation which participates in or seeks to influence the outcome of a State election.

   

(February 16, May 4, 11 - Second Reading Negatived)

 

HARBORS AND NAVIGATION (PORTS CORPORATION AND MISCELLANEOUS) AMENDMENT BILL

 

This Bill complements the South Australian Ports Corporation Bill. It continues the provision of a uniform marine safety environment throughout the State but transfers specific responsibilities which relate to port operations, such as control of navigation aids, licences for aquatic activities and restricted areas within Corporation ports, to the Ports Corporation for its ports. It also includes a number of minor amendments unrelated to the establishment of the Ports Corporation, which are to improve maritime regulation in South Australia. These latter amendments arose from the drafting of regulations for the Harbors and Navigation Act 1993.

 

The Bill also provides for the appointment of Corporation employees as ‘authorised persons’ under the Harbors and Navigation Act 1993. This will allow Corporation employees to administer this Act (on an agreed basis with the Minister) where duplication of resources is inefficient, such as in the regional ports.

   

(April 20, May 5, 6, 11, 13 - Act No. 45 of 1994)

 

HINDMARSH ISLAND (VARIATION OF PLANNING CONSENT) BILL

 

This Bill strikes out the requirement that the developer of "The Marina Goolwa" on Hindmarsh Island (or any person for the time being having benefit of the consent) cannot make application under the Real Property Act to deposit a plan of division for stage 2 until February 1994 or any subsequent stage until a bridge providing access between Goolwa and Hindmarsh Island has been constructed to the point of substantial commencement. When planning permission was being sought in relation to the Goolwa marina the latter stages of development were not allowed to go ahead unless the bridge was built. It was deemed that access to the island was inadequate, so a condition was placed upon it, and this legislation seeks to waive that condition.

   

(May 4, 11, 18 - Third Reading Negatived)

 

INDUSTRIAL RELATIONS (OUTWORKERS) AMENDMENT BILL

 

This Bill seeks to provide minimum safety net provisions for workers who are currently excluded from the Industrial Commission i.e. those who are not technically classed as employees. The definition of "employee" is to be amended to include any person engaged for personal reward to distribute various items by going from place to place, or by handling the items to passing members of the public, where the items are supplied free of charge. The Bill includes new categories of persons as "outworkers" under Section 7 of the Industrial Relations Act (S.A.). The proposed new categories are people who provide clerical services, people who carry out various marketing activities by telephone and people who perform a journalistic service or public relations service.

   

(February 23, April 13, 20, May 4, 18 - Lapsed due to Prorogation)

 

JURIES (JURORS IN REMOTE AREAS) AMENDMENT BILL

 

The 1991 electoral redistribution has resulted in significant changes to those liable to jury duty and has the potential to cause hardship to persons living in remote areas as well as causing difficulties in compiling jury lists.

 

This Bill amends the Juries Act 1927 to provide that where it appears to the sheriff from information contained in an electoral roll that a person whose name has been selected for inclusion in an annual jury list resides at a place that is more than 150 kilometres from the place at which the jury is to be empanelled, the sheriff -

 

(a)



(b)

must give written notice to the person that his or her name has been selected for inclusion in the annual jury list for a particular year but that it will not be so included unless the sheriff receives, within one month of the date of the notice, a written request from the person that his or her name is to be so included; and
will not include the person’s name in the annual jury list unless such a request is received within one month of the date of the notice.

 

A Schedule to the Bill removes any male specific references in the Act and makes minor statute law revision amendments.

   

(March 24, April 14, 19, May 4, 5 - Act No. 24 of 1994)

 

LAND AGENTS BILL

 

This Bill has four key features. These are firstly, a recognition of the legitimate public interest in the continued imposition of education and probity standards for agents, but a simplification of the related bureaucracy. Secondly, the de-regulation of the controls on those employed by agents, with a compensating statutory duty of proper management and supervision of the business of an agent upon the corporation. Thirdly, the removal of anti-competitive restrictions on the licensing of corporate agents and fourthly the provision of mechanisms for the involvement of industry in the active enforcement of the duties of land agents including the monitoring of trust accounts.

   

(May 12 - Lapsed due to Prorogation)

 

LAND AND BUSINESS (SALE AND CONVEYANCING) BILL

 

This Bill contains a number of important provisions which regulate the conduct of persons dealing with the transfer of land. These include provisions relating to the conduct of the business of a land agent and provisions dealing with contracts for the sale of land or businesses.

   

(May 12 - Lapsed due to Prorogation)

 

LAND VALUERS BILL

 

This Bill introduces a system of "negative licensing" that provides an effective regime for the protection of consumers without the significant expense a traditional positive licensing regime would involve. The Bill replaces the existing licensing system with provisions aimed at protecting persons from the unlawful, negligent or unfair practices of land valuers.

 

The Bill also provides for a code of conduct to be developed with the Trade Practices Commissioner.

   

(May 12 - Lapsed due to Prorogation)

 

LIMITATION OF ACTIONS (RECOVERY OF TAXES AND SUBSTANTIVE LAW) AMENDMENT BILL

 

This Bill amends the Limitation of Actions Act 1936 in two ways. Firstly, it amends section 38. The amendment alters the limitation period for an action for recovery of an amount paid by way of invalid tax from 12 months to 6 months. For those who paid an invalid tax more than 4 months before the commencement of the amendments, actions for recovery of the amount must have been started within 2 months after that commencement.

 

Secondly, the Bill supplements an amendment to section 38A which was enacted last year. Section 38A currently provides in effect that a limitation law of this State is a substantive law of this State. This Bill additionally provides that a limitation law of another State or a Territory of the Commonwealth or of New Zealand is a substantive law of that place.

 

This Bill also provides that the substituted section 38A applies to a cause of action that arose before its commencement unless proceedings based on that cause had already been started.

   

(March 24, April 14, 20, May 4, 11, 12, 13 - Act No. 41 of 1994)

 

LIQUOR LICENSING (GAMING MACHINES) AMENDMENT BILL

 

This Bill will allow licensed clubs with gaming machines licences to seek approval to operate under trading conditions, some of which are similar to those enjoyed by hotels. The Bill provides industry supported regulatory consistency for gaming and liquor licences, while preserving the rights of those who live nearby licensed premises and the expectations of employees.

   

(April 20, May 13 - Act No. 42 of 1994)

 

MOTOR VEHICLES (LEARNERS’ PERMITS AND PROBATIONARY LICENCES) AMENDMENT BILL

 

This Bill seeks to vary the penalties for failing to carry a learner’s permit and a probationary driver’s licence. This requirement is considered necessary as an aid to the police in the enforcement of learner and probationary conditions.

   

(May 11, 12 - Lapsed due to Prorogation)

 

PARLIAMENTARY COMMITTEES (MISCELLANEOUS) AMENDMENT BILL

 

This Bill seeks to establish the Statutory Authorities Review Committee and the Parliamentary Public Works Committee.

 

The functions of the Public Works Committee are to be as follows:

 

-

to inquire into, consider and report on any public work referred to it by or under the Act, including -

   










the stated purpose of the work;
the necessity or advisability of constructing it;
where the work purports to be of a revenue-producing character, the revenue that it might reasonably be expected to produce;
the present and prospective public value of the work;
the recurrent or whole-of-life costs associated with the work, including costs arising out of financial arrangements;
the estimated net effect on the Consolidated Account or the funds of a statutory authority of the construction and proposed use of the work;
the efficiency and progress of construction of the work and the reasons for any expenditure beyond the estimated costs of its construction;

 

-

to perform such other functions as are imposed on the Committee under an Act or by resolution of both Houses.

 

The functions of the Statutory Authorities Review Committee are to be as follows:

 

-

to inquire into, consider and report on any statutory authority referred to it under the Act, including -

   









the need for the authority to continue in existence;
the functions of the authority and the need for the authority to continue to perform those functions;
the net effect of the authority and its operations on the finances of the State;
whether the authority and its operations provide the most effective, efficient and economical means for achieving the purposes for which the authority was established;
whether the structure of the authority is appropriate to its functions;
whether the functions or operations of the statutory authority duplicate or overlap in any respect the functions or operations of another authority, body or person;

 

-

to perform such other functions as are imposed on the Committee under an Act or by resolution of both Houses.

   

(March 9, 22, 23, 24, 29, April 13 - Act No. 18 of 1994)

 

PASSENGER TRANSPORT BILL

 

The purpose of this Bill is to create a passenger transport network which -

 

(a)
(b)

(c)
(d)
(e)
(f)

is focused on serving the customer;
provides accessibility and needed services, especially for the transport of the disadvantaged;
is safe;
encourages transport choices which minimise harm to the environment;
is efficient in its use of physical and financial resources; and
promotes social justice.

 

The Bill establishes the Passenger Transport Board. The Board will be the central regulator and promotional body within the passenger transport industry. In particular, the Board will be responsible for the creation and maintenance of an integrated network of passenger transport services within the State. The Board will be empowered to such extent as may be consistent with the Bill, to determine, monitor and review services within that network, and to determine, monitor and review fares. At the same time, the Board will be required to foster and promote the interests of passenger transport services and to encourage appropriate practices and standards. A prime responsibility of the Board will be to accredit operators of passenger transport services, drivers of vehicles and persons who provide certain other services to the industry. The Board will have research capabilities and will be able to carry out inquiries and to provide reports to the Minister.

   

(February 17, March 10, 29, April 12, 13, 19, 21, May 4, 10 - Act No. 30 of 1994)

 

REAL PROPERTY (MISCELLANEOUS) AMENDMENT BILL

 

The principal objects of this Bill are to amend the Real Property Act 1886 to rationalise and streamline dealings with easements, the registration processes of land divisions under Part XIXAB of the Act and the strata titling of land under the Strata Titles Act 1988. To achieve this, the Bill adds a number of provisions to Part VIII of the Act dealing with easements, replaces Divisions I, II and IV of Part XIXAB of the Act and makes consequential amendments to the Strata Titles Act 1988.

   

(February 23, March 8, 9, 10, 22, April 13 - Act No. 11 of 1994)

 

RETIREMENT VILLAGES (MISCELLANEOUS) AMENDMENT BILL

 

The purpose of this Bill is to amend the Retirement Villages Act in order to address certain contractual and financial matters, provide for a limited form of guaranteed refund and to clarify the rights, obligations and responsibilities of administering authorities and residents.

   

(March 10, 23, April 20 - Act No. 12 of 1994)

 

SOUTH AUSTRALIAN PORTS CORPORATION BILL

 

This Bill seeks to establish a South Australian Ports Corporation and to provide a clear separation of responsibility for the management of South Australia’s public commercial ports from the responsibilities for maritime regulation and also the provision of various other community service obligations (CSOs). These CSOs include responsibility for the Island Seaway ferry service to Kangaroo Island, services to the fishing industry and recreational boating, recreational jetties and West Lakes waterways which are presently the responsibility of the Marine and Harbors Agency of the Department of Transport.

 

The Department of Transport will continue to undertake the present maritime regulatory functions and community service obligations (CSOs) of the Marine and Harbors Agency.

 

The Bill will establish the Ports Corporation and its board, sets out the Corporation’s principal functions and responsibilities and provides appropriate powers relating to the management of the Corporation. The Bill contains only the core elements necessary to establish the Corporation and its Board as the Corporation is to comply with all provisions of the Public Corporations Act 1993 (with two minor exceptions relating to council rate equivalents and stamp duty).

 

The Bill mirrors sections in the Harbors and Navigation Act 1993 such as clearance of wrecks, restrictions on the use of waters within Corporation ports and control of vessels in ports which are directly relevant to the Corporation’s operational activities and which should lie with the Corporation rather than the Minister in respect to Corporation ports.

 

The main function of the Corporation is to operate the State’s public ports on a sound commercial basis as a business enterprise. The Corporation will be required to take an active role in the marketing and development of South Australian ports and port services, including the facilitation of trade, and shipping and other port-related transport services for the economic benefit of the State, provided these activities are consistent with the operation of the Corporation as a viable business enterprise.

   

(April 20, May 5, 6, 11, 13 - Act No. 44 of 1994)

 

STATUTES AMENDMENT (ATTORNEY-GENERAL’S PORTFOLIO) BILL

 

This Bill makes a number of amendments to Acts within the Attorney-General’s portfolio.

 

Criminal Law (Sentencing) Act 1988
The Bill amends the Act to enable the Director of Public Prosecutions or a defendant to call a matter back on before a sentencing judge where an administrative mistake is discovered in the sentence.
Recent amendments to the Criminal Law (Sentencing) Act provide for a court to order the disqualification of a driver’s licence or the suspension of a vehicle’s registration for the non payment of a court fine relating to the use of a motor vehicle. Following an order by the court, the Registrar of Motor Vehicles is required to issue a notice advising of the disqualification or suspension. The Bill provides for the introduction of fees for the issue of the disqualification or suspension notices. The fees will be set by regulation at $19.00.

 

Director of Public Prosecutions Act 1991
The Bill empowers the Director of Public Prosecutions to institute contempt proceedings. This will not derogate from the Attorney-General’s traditional power to institute proceedings which will subsist concurrently with the power vested in the Director.

 

Jurisdiction of Courts (Cross-Vesting) Act 1987
The Bill amends the South Australian principal Act to reflect the fact that the Australian Capital Territory now has its own legislation dealing with cross-vesting.

 

National Crime Authority (State Provisions) Act 1984
The National Crime Authority has conducted a review of the legislation in each jurisdiction and has identified amendments to the National Crime Authority Act that have not been picked up in underpinning legislation. The authority has identified a number of miscellaneous amendments required to the South Australian legislation.

 

Subordinate Legislation Act 1978
Section 10(3) of the Subordinate Legislation Act currently provides -

   

Except as is expressly provided in any other Act, every regulation shall be laid before both Houses of Parliament within fourteen days after the making thereof if Parliament is in session, or, if Parliament is not then in session, within fourteen days after the commencement of the next session of Parliament.

 

On a number of occasions during a session of Parliament, the Houses of Parliament may be adjourned for periods greater than fourteen days. It is necessary for the Houses to be sitting to enable a regulation to be laid before them. To overcome this problem, it is proposed to amend section 10 to provide that regulations must be laid before the Houses within six sitting days. The Act is silent as to the effect of non-compliance with its provisions where regulations have not been forwarded to Parliament to be tabled.
The Legislative Review Committee is a suitable vehicle to monitor the laying of regulations before the Parliament and to report the failure to the Houses of Parliament. To ensure that the Legislative Review Committee’s report is dealt with, the amendment provides that Notice of a Resolution for disallowance should be given within six sitting days after the Legislative Review Committee has reported the failure to lay the regulations before both Houses of Parliament.

 

Supreme Court Act 1935
Sections 62H and 72 of the Supreme Court Act 1935 are amended to remove the provisions about Gazettal and tabling - the provisions of the Subordinate Legislation Act will then apply, as they do to Rules of Court made under the District Court Act and the Magistrates Court Act.

 

Wrongs Act 1936
The amendment to section 35A of the Wrongs Act ensures that the defence of volenti non fit injuria will no longer be available against minors.

   

(April 13, May 5, 11 - Act No. 21 of 1994)

 

STATUTES AMENDMENT (CONSTITUTION AND MEMBERS REGISTER OF INTERESTS) BILL

 

This Bill deals with two matters concerning the disqualifications of Members of Parliament. Following the 1992 High Court decision in the case of Sykes v Cleary and Others concerns have been expressed regarding the interpretation of sections 17 and 31 of the Constitution Act 1934, particularly as to how they impact on Members who have acquired or used a foreign passport or travel document.

 

Section 17 of the Constitution Act 1934 currently provides at paragraphs (b) and (c) that the seat of a Member of the Legislative Council becomes vacant if the Member "takes any oath or makes any declaration or act of acknowledgment or allegiance to any foreign prince or power; or does, concurs in, or adopts any act whereby he may become a subject or citizen of any foreign State or power". The Bill adds a new subsection declaring that a seat of a Member is not vacated because the Member acquires or uses a foreign passport or travel document.

 

Section 31 is the counterpart of section 17 for the House of Assembly. It contains provisions corresponding to paragraphs (b) and (c) of section 17 but has a further provision (Paragraph (d)) providing for vacation of the seat of any Assembly Member who "becomes entitled to the rights, privileges, or immunities of a subject or citizen of any foreign state or power". The Bill deletes this paragraph and adds a new subsection declaring that a seat of a Member is not vacated because the Member acquires or uses a foreign passport or travel document. Sections l7 and 3l are also amended to provide that a seat is vacated if a Member is not or ceases to be an Australian citizen.

 

The second aspect of Members’ qualifications dealt with in this Bill is the disqualification of Members entering into contracts and agreements with the Government. Sections 49 to 54 of the Constitution Act 1934 are repealed. This will remove a great deal of uncertainty in Members’ dealings with the Government and will eliminate the possibility that a Member could become disqualified from sitting in Parliament by mere inadvertence or where no real conflict of interest is involved.

 

However, the Members of Parliament (Register of Interests) Act l983 is amended to ensure that when Members are compiling their Ordinary Annual Returns under the Act, such return should include particulars of any contract entered into by the Member or a person related to the Member with the Crown or an agency of the Crown where any monetary consideration under the contract equals or exceeds $7,500.

   

(March 22, April 13, 20, May 5, 6, 13, 18 - Act No. 40 of 1994)

 

STATUTES AMENDMENT (COURTS) BILL

 

This Bill contains minor amendments to the legislation which was enacted in 1991 to restructure the courts system and improve efficiencies in the courts. The opportunity has been taken to include some other amendments which do not arise directly out of the operation of the 1991 legislation.

 

Criminal Law Consolidation Act 1935
The Bill gives the District Court the authority to enforce any conviction or order made on appeal as if it had been made by the District Court.

 

District Court Act 1991
The Bill provides for granting a judge leave without remuneration and that any leave taken will not be taken to be judicial service. The Bill enables a Master of the Supreme Court to transfer proceedings between the Supreme Court and District Court. The Bill provides that all appeals against decisions of a District Court Master should be to a Judge of the District Court. A further right of appeal would lie to the Full Supreme Court if such an appeal were warranted.

 

Enforcement of Judgments Act 1991
The Bill makes it clear that the Sheriff can seize money and bank notes.

 

Magistrates Court Act 1991
The Bill provides that an appeal does not lie to the Supreme Court against an interlocutory judgment given in summary proceedings.
The Bill inserts an equivalent provision to proposed section 356A of the Criminal Law Consolidation Act 1935, providing for the Magistrates Court to enforce orders made on appeal.

 

Summary Procedure Act 1921
The Bill inserts new subsections (6) and (7). New subsection (6) deals with offences which may be classified as either summary offences or minor indictable offences according to the circumstances surrounding the commission of the offence or to the antecedents of the defendant. New subsection (7) deals with offences which may be classified as either minor or major indictable offences according to the same considerations. Proposed new subsection (6) provides that where the complaint charging the offence designates it as a summary offence, then both the circumstances and the defendant’s antecedents will be conclusively presumed to be such as to make the offence a summary offence. Proposed new subsection (7) makes an equivalent provision for offences which may be either minor or major indictable offences.

 

Supreme Court Act 1935
The Bill provides for granting a judge leave without remuneration. The Bill also inserts a new section 35 into the principal Act giving the Supreme Court powers to compel the attendance of witnesses and the production of evidentiary material equivalent to those given to the District Court under section 25 of the District Court Act 1991 and to the Magistrates Court under section 20 of the Magistrates Court Act 1991.

   

(April 14, May 5, 6, 11, 13 - Act No. 43 of 1994)

 

STATUTES AMENDMENT (NOTICE OF CLOSURE OF EDUCATIONAL INSTITUTIONS) BILL

 

This Bill will require the Government to give 18 months’ notice of any school or TAFE campus closure. Formal notice of any closure will need to be given in the Government Gazette and written notice to be laid before both Houses of Parliament.

   

(March 9, 30, May 4 - Lapsed due to Prorogation)

 

STATUTES REPEAL (INCORPORATION OF MINISTERS) BILL

 

This Bill flows as a consequence of the amendments made by the Administrative Arrangements Bill 1993. The Minister of Agriculture Incorporation Act 1952, the Minister of Lands Incorporation Act 1947 and the Treasurer’s Incorporation Act 1949 are all repealed by this Bill as they are now unnecessary.

 

The Acts were required at the time as the Administration of Acts Act 1910 did not allow for the incorporation of a Minister. As the Ministers in each instance were required to perform a number of duties, a separate Act was necessary.

   

(February 15, 22, March 22 - Act No. 2 of 1994)

 

SUMMARY PROCEDURE (RESTRAINING ORDERS) AMENDMENT BILL

 

This Bill follows from the decision to make separate provision for domestic violence restraining orders in a Domestic Violence Act.

 

The domestic violence restraining order provisions have been drafted to make the law much more readily understandable than the existing summary protection order provisions in Part VII in the Summary Procedure Act 1921.

 

There are minor differences between the provisions of this Bill and the domestic violence restraining order provisions. The domestic violence provisions provide for the making of a domestic violence restraining order when a person has committed domestic violence. The grounds in this Bill are expressed slightly differently and refer to the defendant behaving in an intimidating or offensive manner. What is an intimidating or offensive manner is spelt out in new section 99(2) which is similar, but not identical, to the domestic violence restraining order provisions.

 

Another difference between these provisions and the domestic violence restraining order provisions is that the type of orders which a court can make are not spelt out in detail in this Bill. The Government considers there is benefit in giving an indication to victims of domestic violence the type of protection they can expect from the court.

   

(April 21, May 5, 6, 11 - Act No. 20 of 1994)

 

WILLS (MISCELLANEOUS) AMENDMENT BILL

 

This Bill amends the Wills Act in a variety of respects. The Bill enables a minor who is or has been married to make, alter or revoke a will. It also enables a minor to make a will in contemplation of marriage and to make, alter or revoke a will pursuant to an order of the Supreme Court.

 

The Bill also alters the formal requirements for the execution of wills, the burden of proof in respect to informal wills and gives the Supreme Court power to rectify a will that the Court is satisfied does not accurately reflect the testator’s intentions.

   

(March 9, 22, 23, April 13 - Act No. 9 of 1994)