LEGISLATIVE COUNCIL

OF

SOUTH AUSTRALIA

________________

 

STATISTICS

________________

 

THIRD SESSION OF THE FORTY-NINTH PARLIAMENT

________________

 

28 September 1999 to 10 August 2000

________________

 

 


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
Occupational Safety, Rehabilitation and Compensation Committee
Statutory Officers Committee

 

Joint Committees -

   

Joint Parliamentary Service Committee
Joint Committee on Transport Safety
Joint Committee to address concerns of the Auditor-General re Electricity Businesses Disposal Process

 

Sessional Committees -

   

Standing Orders Committee
Printing Committee

 

Select Committees -

   

Select Committee on the Future of the Queen Elizabeth Hospital
Select Committee on Internet and Interactive Home Gambling and Gambling by other means of Telecommunication in South Australia
Select Committee on Outsourcing of State Government Services
Select Committee on Wild Dog Issues in the State of South Australia

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 passed by Legislative Council

 

Bills originated in Legislative Council
Bills originated in House of Assembly
Restored Bills

List of Legislative Council Bills amended by Legislative Council and House of Assembly

List of House of Assembly Bills amended by Legislative Council

Substantive Motions and Resolutions

 

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

Petitions

Synopsis of Legislation

 

 


MEMBERS OF THE LEGISLATIVE COUNCIL
___________

 

The Hon. James Campbell IRWIN (President of the Legislative Council)

The Hon. Terry Gordon CAMERON, J.P.

The Hon. Trevor CROTHERS

The Hon. Legh Hewitson DAVIS, LL.B., B.Ec., F.C.P.A., F.S.I.A.

The Hon. John Samuel Letts DAWKINS, A.D.F.M.

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

The Hon. Ian GILFILLAN

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

The Hon. Paul HOLLOWAY, B.Sc., B.E.(Hons.), B.Ec.

The Hon. Sandra Myrtho KANCK, Dip.T.

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

The Hon. Robert David LAWSON, Q.C., R.F.D., B.A., LL.B. (Minister for Disability Services, Minister for the Ageing, Minister for Administrative Services, Minister for Information Services, Minister for Workplace Relations)

The Hon. Robert Ivan LUCAS, B.Sc., B.Ec., M.B.A. (Treasurer, Minister for Industry and Trade)

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. George WEATHERILL

The Hon. Nicholas XENOPHON, LL.B.

The Hon. Carmel ZOLLO

 

 


OFFICERS OF THE LEGISLATIVE COUNCIL
___________

 

PRESIDENT

 

The Hon. James Campbell IRWIN

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.), Grad.Dip.Soc.Sc. (Pol.Admin.)

PARLIAMENTARY OFFICER

 

Ms. Noeleen M. Ryan

 

 


COMMITTEES
___________

 

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

 

ENVIRONMENT, RESOURCES AND DEVELOPMENT COMMITTEE

 

Appointed 2 December 1997

   

The Hon JSL Dawkins MLC
The Hon M J Elliott MLC
The Hon T G Roberts MLC

Ms S W Key MP
Mrs K A Maywald MP
Mr I H Venning MP

Committee Secretary: Mr. K. Cudarans

LEGISLATIVE REVIEW COMMITTEE

 

Appointed 2 December 1997

   

The Hon I Gilfillan MLC
The Hon A J Redford MLC
The Hon R R Roberts MLC

Mr S G Condous MP
Ms R K Geraghty MP
Mr E J Meier MP

Committee Secretary: Mr. P. Blencowe, LL.B.

SOCIAL DEVELOPMENT COMMITTEE

 

Appointed 2 December 1997

   

The Hon T G Cameron MLC
The Hon S M Kanck MLC
The Hon C V Schaefer MLC

Mr M J Atkinson MP
Mr J Scalzi MP
The Hon R B Such MP

Committee Secretary: Ms. R. Schutte, B.A., Grad.Dip.Bus.Admin.

STATUTORY AUTHORITIES REVIEW COMMITTEE

 

Appointed 2 December 1997

   

The Hon T Crothers MLC
The Hon L H Davis MLC
The Hon JSL Dawkins MLC

The Hon J F Stefani MLC
The Hon C Zollo MLC

Committee Secretary: Ms. K. Willis-Arnold, B.A.(Hons.).

OCCUPATIONAL SAFETY, REHABILITATION AND COMPENSATION COMMITTEE

 

Appointed 2 December 1997

   

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

The Hon M H Armitage MP
(Minister for Government Enterprises)
Ms S W Key MP
Mrs E M Penfold MP

Committee Secretary: Ms. L. Anderson, B.Ec.

STATUTORY OFFICERS COMMITTEE

 

Appointed 2 December 1997

   

The Hon K T Griffin MLC
(Attorney-General)
The Hon M J Elliott MLC
The Hon P Holloway MLC

Mr M J Atkinson MP
Mr M L Hamilton-Smith MP
Mr I P Lewis MP

Committee Secretary: Mr. T. R. Blowes, B.A.

 
 

JOINT COMMITTEES
___________

 

JOINT PARLIAMENTARY SERVICE COMMITTEE

 

Appointed 2 December 1997

   

The President (The Hon J C Irwin MLC)
The Hon C V Schaefer MLC
The Hon G Weatherill MLC

The Speaker (The Hon JKG Oswald MP)
Mr M R DeLaine MP
The Hon D C Wotton MP

 

JOINT COMMITTEE ON TRANSPORT SAFETY

 

Appointed 20 August 1998

   

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

The Hon G M Gunn MP
Mr T Koutsantonis MP
Mr J Scalzi MP

*Appointed 28 March 2000

JOINT COMMITTEE TO ADDRESS CONCERNS OF THE AUDITOR-GENERAL RE ELECTRICITY BUSINESSES DISPOSAL PROCESS

 

Appointed 19 November 1999

   

The Hon R I Lucas MLC (Treasurer)
The Hon P Holloway MLC

Mr K O Foley MP
The Hon G M Gunn MP

 
 
 

SESSIONAL COMMITTEES
___________

 

STANDING ORDERS COMMITTEE

 

Appointed 28 September 1999

   

The President (The Hon J C Irwin MLC)
The Hon K T Griffin MLC
The Hon R I Lucas MLC

The Hon C A Pickles MLC
The Hon G Weatherill MLC

 

PRINTING COMMITTEE

 

Appointed 28 September 1999

   

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

The Hon J F Stefani MLC
The Hon C Zollo MLC

 
 
 

SELECT COMMITTEES
___________

 

FUTURE OF THE QUEEN ELIZABETH HOSPITAL

 

Appointed 17 November 1999

   

The Hon JSL Dawkins MLC
The Hon S M Kanck MLC
The Hon J F Stefani MLC

The Hon G Weatherill MLC
The Hon C Zollo MLC

 

INTERNET AND INTERACTIVE HOME GAMBLING AND GAMBLING BY OTHER MEANS OF TELECOMMUNICATIONS IN SOUTH AUSTRALIA

 

Appointed 10 March 1999

   

The Hon R I Lucas MLC (Treasurer)
The Hon P Holloway MLC
The Hon A J Redford MLC

The Hon G Weatherill MLC
The Hon N Xenophon MLC

 

OUTSOURCING OF STATE GOVERNMENT SERVICES

 

Appointed 11 December 1997

   

The Hon L H Davis MLC
The Hon M J Elliott MLC
The Hon P Holloway MLC

The Hon R D Lawson MLC
The Hon R R Roberts MLC

 

WILD DOG ISSUES IN THE STATE OF SOUTH AUSTRALIA

 

Appointed 25 November 1998

   

The Hon JSL Dawkins MLC
The Hon I Gilfillan MLC
The Hon P Holloway MLC

The Hon A J Redford MLC
The Hon R R Roberts MLC

 

 


LIST OF BILLS CONSIDERED BY
LEGISLATIVE COUNCIL

___________

 

TOTAL NUMBER OF BILLS CONSIDERED BY LEGISLATIVE COUNCIL

     
 

Legislative Council origin

64

 

House of Assembly origin

44

 

Bills restored in Legislative Council -

 
   

Legislative Council origin:

 
     

Members of Parliament (Register of Interests) (Returns) Amendment Bill

1

 
   

House of Assembly origin:

 
     

Offshore Minerals Bill
Mining (Private Mines) Amendment Bill
Occupational Health, Safety and Welfare (Penalties) Amendment Bill
Industrial and Employee Relations (Workplace Relations) Amendment Bill

1
1
1
1




5

         

113

 

TOTAL NUMBER OF BILLS PASSED BY BOTH HOUSES

       
 

Legislative Council origin

45

 
 

House of Assembly origin

43

88

 

BILLS CONSIDERED BY COUNCIL WHICH HAVE NOT PASSED BOTH HOUSES

   
 

Legislative Council origin:

 

Associations Incorporation (Oppressive or Unreasonable Acts) Amendment - lapsed in Council.
Building Work Contractors (GST) Amendment - negatived in Council.
Casino (Miscellaneous) Amendment - lapsed in Council.
Constitution (Parliamentary Sittings) Amendment - lapsed in Council.
Controlled Substances (Drug Offensive Diversion) Amendment - lapsed in Council.
Conveyancers (Registration) Amendment - lapsed in Council.
Development (System Improvement Program) Amendment - lapsed in Council.
Electronic Transactions - lapsed in Council.
Gambling Industry Relation - lapsed in Council.
Genetically Modified Food (Labelling) - lapsed in Council.
Genetically Modified Material (Temporary Prohibition) - lapsed in Council.
Hairdressers (Miscellaneous) Amendment - lapsed in Council.
Land Agents (Registration) Amendment - lapsed in Council
Listening Devices (Miscellaneous) Amendment - lapsed in Council.
Members of Parliament (Register of Interests) (Returns) Amendment - lapsed in Council.
Native Title (South Australia) (Validation and Confirmation) Amendment - lapsed in Council.
Nuclear Waste Storage Facility (Prohibition) - lapsed in Council.
Occupational Health Safety and Welfare (Penalties and Payments) Amendment - lapsed in Council.
Racing (TAB) Amendment - lapsed in Council.
Statutes Amendment (Dust-Related Conditions) - lapsed in Council.

 

House of Assembly origin:

 

Gaming Machines (Freeze on Gaming Machines) Amendment - negatived in Council.
Industrial and Employee relations (Workplace Relations) Amendment - lapsed in Council.
Nuclear Waste Storage Facility (Prohibition Nos. 2) - lapsed in Council.
Occupational Health, Safety and Welfare (Penalties) Amendment - lapsed in Council.
Prostitution (Regulation) - lapsed in Council.

 

 


SITTINGS OF COUNCIL
___________

 

The Council met on 44 days and sat for a total number of 287 hours 21 minutes.

 

 


LIST OF BILLS WHICH PASSED BOTH
HOUSES OF PARLIAMENT

___________

 

ORIGINATED IN THE LEGISLATIVE COUNCIL

 

Bill No.

Act No.

Corporations (South Australia) (Miscellaneous) Amendment

70

19 of 2000

Cremation

92

52 of 2000

Criminal Law Consolidation (Appeals) Amendment

4

31 of 2000

Criminal Law Consolidation (Mental Impairment) Amendment

74,74A

39 of 2000

Criminal Law Consolidation (Serious Criminal Trespass) Amendment

25,25A

80 of 1999

Criminal Law Consolidation (Sexual Servitude) Amendment

17,17A

20 of 2000

Criminal Law (Sentencing) (Sentencing Principles) Amendment

26,26A

79 of 1999

Development (Significant Trees) Amendment

59,59A

3 of 2000

District Court (Administrative and Disciplinary Division) Amendment

44,44A

4 of 2000

Electricity (Pricing Order and Cross-Ownership)

101,101A

51 of 2000

Goods Securities (Miscellaneous) Amendment

16

5 of 2000

Guardianship and Administration (Miscellaneous) Amendment

13,13A

72 of 1999

Highways (Miscellaneous) Amendment

54,54A

48 of 2000

Highways (Road Closures) Amendment

8

68 of 1999

Hindmarsh Island Bridge

9

82 of 1999

History Trust of South Australia (Old Parliament House) Amendment

57

47 of 2000

Judicial Administration (Auxiliary Appointments and Powers) (Definition of Judicial Office) Amendment


5


65 of 1999

Juries (Miscellaneous) Amendment

76,76A

44 of 2000

Legal Practitioners (Miscellaneous) Amendment

21,21A

84 of 1999

Liquor Licensing (Miscellaneous) Amendment

88,88A

55 of 2000

Liquor Licensing (Regulated Premises) Amendment

3,3A

35 of 2000

Motor Vehicles (Heavy Vehicles Speeding Control Scheme) Amendment

7

67 of 1999

Motor Vehicles (Miscellaneous) Amendment

55

30 of 2000

Native Title (South Australia) (Miscellaneous) Amendment

46,46A

46 of 2000

Office for the Ageing (Advisory Board) Amendment

12,12A

69 of 1999

Police (Complaints and Disciplinary Proceedings) (Miscellaneous) Amendment


10,10A


17 of 2000

Prices (Miscellaneous) Amendment

22

6 of 2000

Road Traffic (Miscellaneous) Amendment

50

7 of 2000

Road Traffic (Red Light Camera Offences) Amendment

56

28 of 2000

Southern State Superannuation (Contributions) Amendment

90

56 of 2000

Southern State Superannuation (Salary) Amendment

40

86 of 1999

Statutes Amendment (Consumer Affairs - Portfolio)

75

43 of 2000

Statutes Amendment (Electricity)

30

74 of 1999

Statutes Amendment (Extension of Native Title Sunset Clauses)

72

22 of 2000

Statutes Amendment (Magistrates Court Appeals)

6

66 of 1999

Statutes Amendment (Public Trustee and Trustee Companies - GST)

71

23 of 2000

Statutes Amendment and Repeal (Attorney-General’s Portfolio)

81,81A

57 of 2000

Statutes Amendment and Repeal (Security and Order at Courts and Other Places)


87,87A


49 of 2000

Statutes Amendment (Visiting Medical Officers Superannuation)

31

87 of 1999

Statutes Amendment (Warrants of Apprehension)

53

18 of 2000

Summary Offences (Searches) Amendment

42,42A

54 of 2000

Superannuation (Miscellaneous) Amendment

47,47A

41 of 2000

The Carriers Act Repeal

15

70 of 1999

Wrongs (Damage by Aircraft) Amendment

35,35A

8 of 2000

Young Offenders (Publication of Information) Amendment

43,43A

33 of 2000

 

ORIGINATED IN THE HOUSE OF ASSEMBLY

 

Bill No.

Act No.

Alice Springs to Darwin Railway (Financial Commitment) Amendment

36

76 of 1999

Alice Springs to Darwin Railway (Miscellaneous) Amendment

99

42 of 2000

Appropriation

104

53 of 2000

Barley Marketing (Miscellaneous No. 2) Amendment

48

77 of 1999

Boxing and Martial Arts

85

36 of 2000

Building Work Contractors (GST) Amendment

41

78 of 1999

Children’s Protection (Mandatory Reporting and Reciprocal Arrangements)

68

16 of 2000

Commonwealth Places (Mirror Taxes Administration)

24

71 of 1999

Dairy Industry (Deregulation of Prices) Amendment

86

24 of 2000

First Home Owner Grant

65

25 of 2000

Forest Property

84,84A

50 of 2000

Gaming Machines (Miscellaneous) Amendment

94

27 of 2000

Gas (Miscellaneous) Amendment

96

29 of 2000

Government Business Enterprises (Competition) (Miscellaneous) Amendment


37


2 of 2000

Ground Water (Qualco-Sunlands) Control

103

63 of 2000

Health Professionals (Special Events Exemption)

64

12 of 2000

Heritage (Delegation by Minister) Amendment

34

81 of 1999

Land Tax (Intensive Agistment) Amendment

49

83 of 1999

Local Government (Implementation)

18,18A

64 of 1999

Mining (Royalty) Amendment

61,61A

13 of 2000

National Parks and Wildlife (Miscellaneous) Amendment

79,79A

62 of 2000

National Tax Reform (State Provisions)

73,73A

21 of 2000

Petroleum

60,60A

60 of 2000

Prevention of Cruelty to Animals (Miscellaneous) Amendment

33

85 of 1999

Racing (Controlling Authorities) Amendment

98

59 of 2000

Recreational Greenways

100,100A

61 of 2000

Renmark Irrigation Trust (Rating) Amendment

95

38 of 2000

South Australian Forestry Corporation

83,83A

58 of 2000

South Australian Health Commission (Administrative Arrangements) Amendment


67


34 of 2000

South Australian Health Commission (Direction of Hospitals and Health Centres) Amendment


19,19A


14 of 2000

South Australian Motor Sport (Miscellaneous) Amendment

91

37 of 2000

Sports Drug Testing

77

32 of 2000

Statutes Amendment (BHP Indentures)

69

15 of 2000

Statutes Amendment (Lotteries and Racing - GST)

93

26 of 2000

Statutes Amendment (Universities)

23

88 of 1999

Statutes Repeal (Minister for Primary Industries and Resources Portfolio)

66

9 of 2000

Supply

80

40 of 2000

Tobacco Products Regulation (Evidence of Age) Amendment

63

10 of 2000

Transplantation and Anatomy (Consent to Blood Donation) Amendment

20

1 of 2000

Water Resources (Water Allocations) Amendment

78,78A

45 of 2000

Whaling Act Repeal

32

75 of 1999

 

RESTORED BILLS

Originated in the House of Assembly:

Bill No.

Act No.

Mining (Private Mines) Amendment

28

73 of 1999

Offshore Minerals

27

11 of 2000

 

 


LIST OF LEGISLATIVE COUNCIL BILLS
AMENDED BY LC AND HA

___________

 


Title of Bill

No. of
Amendments
made by
L.C.

No. of
Amendments
made by
by H.A.

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

No. of H.A.
Amendments
disagreed to
by L.C.

No. of
Amendments
not insisted
on by H.A.

No. of
Amendments
insisted on by
H.A.

Conference/
Resolution

Criminal Law (Sentencing) (Sentencing Principles) Amendment

4

-

-

-

-

-

-

Criminal Law Consolidation (Mental Impairment) Amendment

4

-

-

-

-

 

-

Criminal Law Consolidation (Serious Criminal Trespass) Amendment

5

-

-

-

-

-

-

Criminal Law Consolidation (Sexual Servitude) Amendment

2

2

2

-

-

-

-

Development (Significant Trees) Amendment

3

-

-

-

-

-

-

District Court (Administrative and Disciplinary Division) Amendment

2

-

-

-

-

-

-

Electricity (Pricing Order and Cross-Ownership) Amendment

1

-

-

-

-

-

-

Guardianship and Administration (Miscellaneous) Amendment

2

-

-

-

-

-

-

Highways (Miscellaneous) Amendment

1

6

6

-

-

-

-

Hindmarsh Island Bridge Bill

-

1

1

-

-

-

-

Juries (Miscellaneous) Amendment

8

-

-

-

-

-

-

Legal Practitioners (Miscellaneous) Amendment

4

-

-

-

-

-

-

Liquor Licensing (Miscellaneous) Amendment

3

-

-

-

-

-

-

Liquor Licensing (Regulated Premises) Amendment

1

-

-

-

-

-

-

Native Title (South Australia) (Miscellaneous) Amendment

22

-

-

-

-

-

-

Office for the Ageing (Advisory Board) Amendment

1

-

-

-

-

-

-

Police (Complaints and Disciplinary Proceedings) (Miscellaneous) Amendment

4

-

-

-

-

-

-

Road Traffic (Red Light Camera Offences) Amendment

-

5

5

-

-

-

-

Statutes Amendment and Repeal (Attorney-General’s Portfolio)

5

2

1 with an
amendment
made by LC and
agreed to by HA

1 consequential
amendment
made by LC and
agreed to by HA

-

-

-

Statutes Amendment and Repeal (Security and Order at Courts and Other Places)

5

-

-

-

-

-

-

Summary Offences (Searches) Amendment

4

3

3

-

-

-

-

Superannuation (Miscellaneous) Amendment

3

-

-

-

-

-

-

Wrongs (Damage by Aircraft) Amendment

3

-

-

-

-

-

-

Young Offenders (Publication of Information) 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

Forest Property

2

2

-

-

-

-

Local Government (Implementation)

5

5

-

-

-

-

Mining (Royalty) Amendment

1

1

-

-

-

-

National Parks and Wildlife (Miscellaneous) Amendment

9

9

-

-

-

-

National Tax Reform (State Provisions)

8 suggested

8 suggested

-

-

-

-

Petroleum

19

19

-

-

-

 

Recreational Greenways

3

3

-

-

-

-

South Australian Forestry Corporation

2

2

-

-

-

-

South Australian Health Commission (Direction of Hospitals and Health Centres) Amendment

6

6

-

-

-

-

Water Resources (Water Allocations) Amendment

9

-

9

-

9

Conference -
Agreement
reached

 

 


SUBSTANTIVE MOTIONS AND RESOLUTIONS
___________

 

Only substantive motions are listed below and do not include procedural or formal motions.

 

ADDRESS-IN-REPLY - motion for adoption of -

 

Moved by The Hon A J Redford, 29 September 1999.
Seconded by The Hon JSL Dawkins, 30 September 1999.
Adopted and presented to His Excellency The Governor on 27 October 1999.

 

CONDOLENCE MOTIONS -

 

Death of The Hon Dame Roma Mitchell, AC, DBE, CVO, former Governor of South Australia -

   

Motion of regret moved by the Treasurer and carried in silence, 28 March 2000.

 

Death of The Hon D N Brookman -

   

Motion of regret moved by the Treasurer and carried in silence, 23 May 2000.

 

GOVERNMENT MOTIONS -

 

Auditor-General’s Report, 1998-99 - Noting of -

   

Moved by the Treasurer, 20 October 1999 and agreed to, 12 April 2000.

 

Auditor-General’s Supplementary Report on the Probity of Processes for Long Term Lease of Electricity Assets - President authorised to Publish -

   

Moved by the Treasurer and agreed to, 18 November 1999.

 

Industrial and Employee Relations Act 1994 - Appointment of The Hon A J Redford to Consulting Panel -

   

Moved by the Minister for Disability Services and agreed to, 12 April 2000.

 

Nestlé Write Around Australia Competition -

   

Moved by the Minister for Transport and Urban Planning and agreed to, 30 March 2000.

 

Proclamation by His Excellency The Governor concerning Mining in Yumbarra Conservation Park -

   

Moved by the Minister for Transport and Urban Planning, 19 October 1999 and agreed to, 23 November 1999.

 

Sessional Order - Citizen’s Right of Reply -

   

Moved by the Attorney-General, 29 September 1999 and agreed to, 26 October 1999.

 

Telstra Adelaide Festival and Adelaide Fringe 2000 -

   

Moved by the Treasurer, 20 October 1999 and agreed to, 12 April 2000.

 

SELECT COMMITTEES - COUNCIL -

 

Future of the Queen Elizabeth Hospital -

   

Appointment of - moved by The Hon S M Kanck, 10 November 1999, amendments moved by the Minister for Transport and Urban Planning, 17 November 1999, amendments negatived, motion agreed to, 17 November 1999.

   

Extension of time for bringing up Report - moved by The Hon J F Stefani, and agreed to, 5 April 2000.

   

Power to sit during the recess - moved by The Hon J F Stefani, and agreed to, 5 July 2000.

 

Internet and Interactive Home Gambling and Gambling by other means of Telecommunication in South Australia -

   

Power to sit during the present Session - moved by the Treasurer, and agreed to, 28 September 1999.

   

Extension of time for bringing up Report - moved by the Treasurer, and agreed to, 29 March 2000.

   

Power to sit during the recess - moved by the Treasurer, and agreed to, 29 March 2000.

   

Interim Report brought up, 27 June 2000.

   

Power to sit during the recess - moved by the Treasurer, and agreed to, 5 July 2000.

 

Outsourcing of State Government Services -

   

Power to sit during the present Session - moved by the Minister for Disability Services, and agreed to, 28 September 1999.

   

Extension of time for bringing up Report - moved by the Minister for Disability Services, and agreed to, 29 March 2000.

   

Power to sit during the recess - moved by the Minister for Disability Services, and agreed to, 5 July 2000.

 

Wild Dog Issues in the State of South Australia -

   

Power to sit during the present Session - moved by the Hon I Gilfillan, and agreed to, 28 September 1999.

   

Interim Report brought up - That the Interim Report be printed - moved by The Hon A J Redford and agreed to, 27 June 2000.

   

Interim Report noted - moved by The Hon A J Redford, and agreed to, 28 June 2000.

   

Extension of time for bringing up Report - moved by The Hon A J Redford, and agreed to, 29 March 2000.

   

Power to sit during the recess - moved by The Hon A J Redford, and agreed to, 5 July 2000.

 

COMMITTEES - JOINT -

 

To address concerns of the Auditor-General re Electricity Businesses Disposal Process -

   

Message No. 27 from the House of Assembly - Motion of the Treasurer - That the Resolution be agreed to - moved and agreed to, 19 November 1999.

   

Power to sit during the recess - moved by the Treasurer, and agreed to, 13 July 2000.

 

Transport Safety -

   

Power to sit during the present Session - moved by the Treasurer, and agreed to, 28 September 1999.

   

Report on Driver Training and Testing Inquiry brought up - That the Report be printed - moved by the Minister for Transport and Urban Planning, and agreed to, 28 October 1999.

   

Report noted - moved by the Minister for Transport and Urban Planning, 28 October 1999, and agreed to, 29 March 2000.

   

Power to sit during the recess - moved by The Hon A J Redford, and agreed to, 5 July 2000.

 

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

 

Moved by Member on own behalf -

   

Controlled Substances Act - Expiation of Offences -
Moved by The Hon C A Pickles, 28 June 2000, and agreed to, 12 July 2000.

   

Education Act - Materials and Services Charges -
Moved by The Hon M J Elliott, 28 June 2000. (Motion lapsed due to Prorogation.)

   

Education Act - Materials and Services Charges -
Moved by The Hon P Holloway, 28 June 2000, and agreed to, 12 July 2000.

   

Native Vegetation Act - Exemptions -
Moved by The Hon M J Elliott, 31 May 2000, and disagreed to, 12 July 2000.

   

Passenger Transport Act - Vehicle Accreditation -
Moved by The Hon T G Cameron, 20 October 1999, and disagreed to, 5 July 2000.

   

Plumbers, Gasfitters and Electricians Act - Exemptions -
Moved by The Hon R R Roberts, 12 April 2000, and agreed to, 12 July 2000.

 

Moved by Member on behalf of Legislative Review Committee -

   

City of Norwood, Payneham and St. Peters - Council Land -
Motion moved by The Hon A J Redford and, by leave, withdrawn, 28 June 2000.

   

Development Act - Public Notices -
Motion - That this Order of the Day be discharged - moved by The Hon A J Redford, and disagreed to, 12 July 2000.

   

Native Vegetation Act - Exemptions -
Motion - That this Order of the Day be discharged - moved by The Hon A J Redford, and disagreed to, 12 July 2000.

   

Racing Act - Harness Racing -
Motion - That this Order of the Day be discharged - moved by The Hon A J Redford, and agreed to, 12 July 2000.

 

PRIVATE MEMBERS' MOTIONS -

 

Alice Springs-Darwin Railway -

   

Moved by The Hon L H Davis, 10 November 1999, and agreed to, 3 May 2000.

 

Allocation of Rock Lobster Pot Licences -

   

Moved by The Hon P Holloway, 29 September 1999, amendment moved by The Hon C Zollo, 20 October 1999, amendment agreed to and motion, as amended, agreed to, 17 November 1999.

 

Attention Deficit Hyperactivity Disorder - Social Development Committee to investigate and Report upon -

   

Moved by The Hon M J Elliott, 5 April 2000, and agreed to, 28 June 2000.

 

Auditor-General, Supplementary Report of the, 1998-99, on Civil Proceedings for Defamation against Ministers of the Crown (Payment of Damages and Costs from Public Funds) -

   

Moved by The Hon R R Roberts, 17 November 1999. (Motion lapsed due to Prorogation.)

 

Censure of the Minister for Aboriginal Affairs -

   

Moved by The Hon S M Kanck, 28 June 2000, and disagreed to, 5 July 2000.

 

Citizen’s Right of Reply - Christies Women’s Shelter - President’s Decision -

   

Moved by The Hon M J Elliott, 29 September 1999, and disagreed to, 10 November 1999.

 

Commonwealth Government’s Attitude towards Stolen Generation -

   

Moved by The Hon S M Kanck, 5 April 2000. (Lapsed due to Prorogation.)

 

East Timor -

   

Moved by The Hon T G Roberts, 20 October 1999, amendments moved by The Hon I Gilfillan, 17 November 1999, amendments agreed to and motion, as amended, agreed to, 23 November 1999.

 

Emergency Services Funding Act -

   

Moved by The Hon I Gilfillan, 29 March 2000, and disagreed to, 5 July 2000.

 

Environment, Resources and Development Committee - Report on Environmental Protection in South Australia - Noting of -

   

Moved by The Hon JSL Dawkins, 31 May 2000, and agreed to, 5 July 2000.

 

Environment, Resources and Development Committee - Report on Mining Oil Shale at Leigh Creek - Noting of -

   

Moved by The Hon JSL Dawkins, 17 November 1999, and agreed to, 29 March 2000.

 

Environment, Resources and Development Committee - Report on Rail Links with the Eastern States - Noting of -

   

Moved by The Hon JSL Dawkins, 20 October 1999, and agreed to, 17 November 1999.

 

Environment, Resources and Development Committee - Report on Tuna Feedlots at Louth Bay - Noting of -

   

Moved by The Hon JSL Dawkins, 5 April 2000, and agreed to, 12 April 2000.

 

Federal Government’s Statements on Stolen Generation -

   

Moved by The Hon T G Roberts, 5 April 2000, amendment moved by the Minister for Transport and Urban Planning, 24 May 2000, and amendment moved by The Hon S M Kanck, 12 July 2000, amendment of the Minister for Transport and Urban Development disagreed to, amendment of The Hon S M Kanck agreed to, motion, as amended, agreed to, 12 July 2000.

 

Funding for Public Libraries -

   

Moved by The Hon C A Pickles, 28 June 2000, amendment moved by the Minister for Transport and Urban Planning, 5 July 2000, and amendment moved by The Hon S M Kanck, 12 July 2000, amendment of the Minister for Transport and Urban Development disagreed to, amendment of The Hon S M Kanck agreed to, motion, as amended, agreed to, 12 July 2000.

 

G. C. Growden Pty. Ltd., Collapse of - Motion for Select Committee -

   

Moved by The Hon T G Cameron, 17 November 1999. (Lapsed due to Prorogation.)

 

Hindmarsh Soccer Stadium Redevelopment Project - Motion for Joint Committee -

   

Moved by The Hon M J Elliott, 17 November 1999. (Lapsed due to Prorogation.).

 

Hindmarsh Stadium Redevelopment Project - Auditor-General to examine -

   

Moved by The Hon M J Elliott, 10 November 1999 and agreed to, 17 November 1999.

 

Legislative Review Committee - Report on By-law No. 16 of the District Council of Adelaide Hills re Bird Scarers - Noting of -

   

Moved by The Hon A J Redford, 17 November 1999 and agreed to, 17 November 1999.

 

Partnerships 21 -

   

Moved by The Hon M J Elliott, 10 November 1999, and agreed to, 3 May 2000.

 

Social Development Committee - Report on the Inquiry into the Voluntary Euthanasia Bill 1996 - Noting of -

   

Moved by The Hon C V Schaefer, 20 October 1999, and agreed to, 12 April 2000.

 

South Australian Apple and Pear Industry -

   

Moved by The Hon P Holloway, 31 May 2000, and agreed to, 12 July 2000.

 

South Pacific Whale Sanctuary -

   

Moved by The Hon T G Roberts, and agreed to, 5 July 2000.

 

Statutory Authorities Review Committee - Report into Boards of Statutory Authorities: Remuneration Levels, Selection Processes, Gender and Ethnic Composition - noting of -

   

Moved by The Hon L H Davis, 29 September 1999, and agreed to, 27 October 1999.

 

Statutory Authorities Review Committee - Report on the Third Inquiry into Timeliness of 1998-1999 Annual Reporting by Statutory Bodies - noting of -

   

Moved by The Hon L H Davis, 28 June 2000, and agreed to, 12 July 2000.

 

Statutory Authorities Review Committee - Report, 1998-99 - noting of -

   

Moved by The Hon L H Davis, 29 September 1999, and agreed to, 20 October 1999.

 

Taiwanese Earthquakes -

   

Moved by The Hon A J Redford, 29 September 1999, and agreed to, 10 November 1999.

 

Travel Reports of Members of Parliament -

   

Moved by The Hon N Xenophon, 20 October 1999, amendment moved by The Hon L H Davis, 12 April 2000, amendment agreed to and motion, as amended, agreed to, 3 May 2000.

 

 


PETITIONS
___________

 

BATTERY HEN FARMS

 

Praying that this Council will, in support of the RSPCA, abolish battery hen farms.

   

Presented by The Hon JSL Dawkins, 30 March 2000, 104 signatures.

 

CATTLE SALE YARDS AT GEPPS CROSS

 

Praying that this Council will urge the State Government to provide a grant of $3 million towards construction of cattle sale yards at Dublin.

   

Presented by The Hon I Gilfillan, 13 July 2000, 960 signatures.

 

CYCLING STRATEGY OF SOUTH AUSTRALIA

 

Praying that this Council will ensure that on all existing or future bicycle routes as defined in the Metropolitan Cycle Route Network and referred to in the Cycling Strategy of South Australia, plus BikeDirect maps published by Transport SA, the needs and safety of vulnerable cyclists be given priority over motorised vehicles.

   

Presented by The Hon I Gilfillan, 21 October 1999, 615 signatures.

 

FUMES FROM A MOUNT BARKER FOUNDRY

 

Praying that the Council will use its powers to ensure that operation of a foundry at Mount Barker is immediately terminated at its present location and that investigations into alternative, less sensitive sites be commenced forthwith. Further, that an inquiry be established into the adequacy of legislative safeguards against harmful pollution of our air, water and soil natural resources.

   

Presented by The Hon M J Elliott, 30 September 1999, 295 signatures.

 

HOUSING RENT INCREASES

 

Praying that the Council will request that the Minister for Human Services instruct the South Australian Housing Trust to assess pensioner rent increases at a ceiling of 25% of any one increase and that any compensation for the GST be excluded as income for the purpose of assessing rental.

   

Presented by The Hon R R Roberts, 30 March 2000, 76 signatures.

 

NATIVE TITLE RIGHTS FOR INDIGENOUS SOUTH AUSTRALIANS

 

Praying that this Council does not proceed with legislation that -

 

1.
2.

Undermines or impairs the Native Title rights of indigenous South Australians; and
Makes changes to Native Title unless there has been a genuine consultation process with all stakeholders, especially South Australia’s indigenous communities.

   

Presented by The Hon I Gilfillan, 30 September 1999, 47 signatures.
Presented by The Hon S M Kanck, 21 October 1999, 81 signatures.
Presented by The Hon S M Kanck, 4 May 2000, 252 signatures.
Presented by The Hon S M Kanck, 25 May 2000, 30 signatures.

 

POKER MACHINES AT MAYLANDS HOTEL

 

Praying that this Council will review and amend the Gaming Machines Act 1992 to stop the further proliferation of gaming machines in South Australia.

   

Presented by The Hon N Xenophon, 13 April 2000, 78 signatures.

 

PROPOSED INTRODUCTION OF POKER MACHINES AT THE MOUNT REMARKABLE HOTEL

 

Praying that this Council will -

 

1.
2.

Support legislation that will prohibit any more gaming machine licences being granted.
Support the passage of legislation that will give local communities, through their local councils, the power to restrict the operation and availability of poker machines at venues.

   

Presented by The Hon N Xenophon, 1 June 2000, 92 signatures.

 

PROSTITUTION

 

Praying that the Council will strengthen the present law and ban all prostitution-related advertising to enable police to suppress the prostitution trade more effectively.

   

Presented by The Hon C Zollo , 11 November 1999, 209 signatures.
Presented by The Hon C V Schaefer , 11 November 1999, 150 signatures.
Presented by the Minister for Disability Services , 18 November 1999, 97 signatures.
Presented by The Hon C V Schaefer , 30 March 2000, 365 signatures.
Presented by The Hon A J Redford , 30 March 2000, 31 signatures.
Presented by The Hon C V Schaefer , 6 April 2000, 50 signatures.
Presented by the Attorney-General, 6 April 2000, 37 signatures.
Presented by The Hon C V Schaefer , 13 April 2000, 224 signatures.
Presented by the Minister for Disability Services , 13 April 2000, 45 signatures
Presented by the Attorney-General , 4 May 2000, 126 signatures.
Presented by the Attorney-General, 25 May 2000, 72 signatures.
Presented by The Hon R R Roberts , 25 May 2000, 15 signatures.
Presented by The Hon P Holloway , 29 June 2000, 32 signatures.

 

RADIOACTIVE WASTE IN SOUTH AUSTRALIA

 

Praying that the Council will do all in its power to ensure that South Australia does not become the dumping ground for Australia’s or the world’s nuclear waste.

   

Presented by The Hon S M Kanck , 13 April 2000, 355 signatures.
Presented by The Hon S M Kanck , 29 June 2000, 1,077 signatures.

 

SOUTH AUSTRALIAN TAXI SUBSIDY SCHEME

 

Praying that the Council will use its powers and allow legally blind citizens of South Australia to access benefits of the South Australian Transport Taxi Subsidy Scheme. The Scheme would provide legally blind citizens of South Australia with vouchers to subsidise their taxi fares, thereby bringing South Australia into line with the majority of other States and Territories.

   

Presented by The Hon S M Kanck , 12 April 2000, 10,508 signatures.

 

TAB AND LOTTERIES COMMISSION OF SOUTH AUSTRALIA

 

Praying that the Council will ensure the Totalizator Agency Board and the Lotteries Commission of South Australia remain Government owned..

   

Presented by The Hon C V Schaefer , 6 April 2000, 59 signatures.
Presented by The Hon C A Pickles , 13 April 2000, 3,084 signatures.
Presented by The Hon S M Kanck , 13 April 2000, 1,455 signatures.
Presented by The Hon G Weatherill , 13 April 2000, 112 signatures.
Presented by The Hon C V Schaefer , 25 May 2000, 46 signatures.
Presented by The Hon C V Schaefer , 1 June 2000, 32 signatures.
Presented by The Hon C A Pickles , 6 July 2000, 2,208 signatures.
Presented by The Hon N Xenophon , 6 July 2000, 1,455 signatures.
Presented by The Hon M J Elliott , 13 July 2000, 1,968 signatures.

 

VIOLENCE, PHYSICAL AND VERBAL ABUSE AND VANDALISM IN SAHT COMPLEXES

 

Praying that the Council will direct the South Australian Housing Trust to enforce -

 





the conditions of tenancy and ensure that the Conditions of Tenancy cover all tenants including those in flats leased to other organisations;
the Difficult and Disruptive Tenants Policy;
the relevant sections of the Residential Tenancies Act 1995; and
the Private Parking Areas Act 1986.

   

Presented by The Hon S M Kanck , 30 March 2000, 155 signatures.

 

YUMBARRA CONSERVATION PARK

 

Praying that the Council will consider and support the reproclamation of the central part of Yumbarra Conservation Park being section 457, north out of Hundreds, County of Way (Fowler), to allow mineral exploration and mining access.

   

Presented by The Hon C V Schaefer , 11 November 1999, 79 signatures.
Presented by The Hon C V Schaefer , 23 November 1999, 13 signatures.

 

 


SYNOPSIS OF LEGISLATION
___________

 

ASSOCIATIONS INCORPORATION (OPPRESSIVE OR UNREASONABLE ACTS) AMENDMENT BILL

 

This Bill amends section 61 of the Associations Incorporation Act which provides a mechanism for dealing with conduct by an association which is oppressive or unreasonable towards a member or members. At the moment only the Supreme Court can deal with such matters, but this Bill enables the Magistrates Court to also have jurisdiction.

   

(July 5 - Lapsed due to Prorogation)

 

BUILDING WORK CONTRACTORS (GST) AMENDMENT BILL

 

This Bill amends section 29, subsection 8(a) of the Building Work Contractors Act 1995 which allows a domestic building work contract to include a GST clause that entitles the builder to recover GST paid or payable by the builder on the supply of goods or services under the contract (except in the case of a fixed price contract made on or after 1 July 2000). The Bill amends this provision so that it applies to contracts made before the commencement of the provision as well as those made on or after that commencement. Subsection 8(b) requires a contract with a GST clause to include a statement as to adjustment of the price to cover GST. The Bill amends this requirement so that it applies only to contracts made on or after the commencement of section 8(b). Subsection 8(c) which makes it clear that a domestic building work contact may include both a cost-plus clause and a GST clause is amended so that it applies to contracts made before the commencement of the subsection as well as contracts made on or after that commencement.

   

(May 4, 23, June 27, July 12 - Negatived in Legislative Council)

 

CASINO (MISCELLANEOUS) AMENDMENT BILL

 

The purpose of this Bill is to strengthen consumer protection provisions in relation to the operation of the Casino Act. The Bill requires the Adelaide Casino to take into consideration the adverse personal effects of gambling on persons who gamble at the casino and their families. The Bill also requires a licensing agreement to be approved by both Houses of Parliament, prohibits certain types of gambling, in particular interactive gambling, and prohibits gaming machines that are not operated by coins.

   

(September 29, April 12, June 29, July 6 - Lapsed due to Prorogation)

 

CONSTITUTION (PARLIAMENTARY SITTINGS) AMENDMENT BILL

 

The purpose of this Bill is to amend section 7 of the Constitution Act which relates to the intervals between which Parliament must sit. The amendments in the Bill will ensure that Parliament must sit at least every ten weeks.

   

(March 29 - Lapsed due to Prorogation)

 

CONTROLLED SUBSTANCES (DRUG OFFENCE DIVERSIONS) AMENDMENT BILL

 

The purpose of this Bill is to put in place an outcome of the Council of Australian Governments (COAG) Meeting in 1999 to provide a national approach in addressing a range of issues relating to the illicit use of drugs.

 

A significant component of the COAG agreement was the establishment of police drug diversion programs. The general approach is that diversion to education, assessment and treatment (and, as necessary, allied services) should be an option upon police apprehension of an individual for offences relating to the possession or use of minor amounts of illicit drugs. The approach will build upon collaborative relationships between police who apprehend and human service professionals who assess and treat. But the principal feature for present purposes is that the diversion program is to be police initiated.

   

(May 25, July 4 - Lapsed due to Prorogation)

 

CONVEYANCERS (REGISTRATION) AMENDMENT BILL

 

This Bill is a result of a review of all existing legislation that restricts competition. While the Conveyancers Act provides protection to consumers, it also contains several provisions that restrict competition through the creation of structural restrictions on entry into the market.

 

The Bill provides that the present prohibition on convictions for offences of dishonesty are to be removed and replaced by criteria under which convictions for summary offences of dishonesty will preclude a person from obtaining or holding registration as a conveyancer for a period of ten years, while any convictions for the more serious class of indictable offences of dishonesty will result in permanent prohibition from registration. Clause 4(b) is in similar terms and provides that a company whose director has a conviction for a summary offence of dishonesty will be precluded from obtaining or holding registration as a conveyancer for a period of ten years, while a conviction for the more serious class of indictable offences of dishonesty will continue to permanently prohibit that company from registration.

   

(July 6 - Lapsed due to Prorogation)

 

CORPORATIONS (SOUTH AUSTRALIA) (MISCELLANEOUS) AMENDMENT BILL

 

The purpose of this Bill is to make a number of amendments to the Corporations (South Australia) Act 1990 which have become necessary following four major Commonwealth legislative initiatives in the area of Corporations Law reform. These legislative initiatives include -

 




the Company Law Review Act 1998;
the Managed Investments Act 1998;
the financial sector reform ("Wallis") legislation of 1998 and 1999; and
the Corporate Law Economic Reform Program Act 1999.

 

The Corporations Law scheme is administered jointly by the Commonwealth, the States and the Northern Territory under the Corporations Agreement. The amendments in this Bill are consistent with amendments which either have been or will be enacted by the Parliaments of the Commonwealth, the other States and the Northern Territory pursuant to the Agreement.

   

(April 12, May 2, 4, 31 - Act No. 19 of 2000)

 

CREMATION BILL

 

This Bill repeals the Cremation Act 1891 and replaces it with a new Act. The essential functions of the Act - to prescribe the circumstances in which cremation is lawful and the administrative procedures for permission to cremate human remains - are unchanged. However, the provisions dealing with the establishment of crematoria are simplified and modernised, together with other changes.

 

The Bill makes it an offence to cremate human remains other than in a lawfully established crematorium. At present, the requirement is that it be a "licensed" crematorium. Also, a penalty of $10,000 or 2 years imprisonment is attached to such an offence. At present, while the Act declares such conduct unlawful, it does not prescribe a penalty, so that prosecution is not possible.

   

(May 31, June 27, July 4, 12 - Act No. 52 of 2000)

 

CRIMINAL LAW CONSOLIDATION (APPEALS) AMENDMENT BILL

 

The purpose of this Bill is to give the Director of Public Prosecutions the right of appeal against a decision by a judge to acquit a person charged with a serious offence.

 

The Bill provides that the Court, on hearing an appeal against an acquittal by judge alone, can dismiss the appeal or allow the appeal and order a new trial. The new provisions will only apply to proceedings in relation to an offence allegedly committed after the Bill comes into operation.

   

(September 29, October 19, 21, 28, May 25, June 29 - Act No. 31 of 2000)

 

CRIMINAL LAW CONSOLIDATION (MENTAL IMPAIRMENT) AMENDMENT BILL

 

This Bill amends Part 8A of the Criminal Law Consolidation Act 1935 which deals with the law and procedure relevant to an accused person’s fitness to stand trial and the "defence" of mental impairment.

 

The current scheme of the legislation is, that if an inquiry concludes that a defendant was mentally incompetent at the time of the offence or mentally incompetent to stand trial, the inquiry should then only inquire as to whether the defendant committed the act constituting the offence. The question of defences should only ever arise if the defendant is found to be mentally competent in either sense. It lacks common sense to inquire about the beliefs of the defendant in relation to such matters as provocation, duress or self defence if the defendant is suffering from a severe mental illness. In order to remove any doubt, therefore, the amendments make it clear that an inquiry into the objective elements of the offence does not include an inquiry into any defences.

 

The Bill inserts new section 269BA to make it clear that a jury can convict on an alternative verdict if that is the correct course of action.

 

The Bill amends the requirement of obtaining three expert reports on the condition of a defendant. The court is empowered to act on one or two reports in summary matters if the court is satisfied that it has sufficient expert guidance by which to resolve the issues before it.

 

The Bill substitutes section 269U to provide that if a person who has been released on licence contravenes, or is likely to contravene, a condition of the licence, the court by which the supervision order was made may, on application by the Crown, review the supervision order. When an application for review of a supervision order is made, the court may issue a warrant to have the person subject to the order arrested and brought before the court and may, if appropriate, make orders for detention of that person until the application is determined.

 

The Bill also makes refining and procedural changes which are necessary for a more consistent operation of the Act.

   

(April 13, May 23, 24, 30, 31, June 1, 5 - Act No. 39 of 2000)

 

CRIMINAL LAW CONSOLIDATION (SERIOUS CRIMINAL TRESPASS) AMENDMENT BILL

 

The purpose of this Bill is to replace the current set of criminal trespass offences with a new set. The new set of offences divides into three parts - serious criminal trespass of a residence, serious criminal trespass of other places, and other criminal trespasses. The residential offences are graded as more serious by the imposition of higher maximum penalties, with life imprisonment remaining for aggravated criminal trespass to a place of residence. "Home invasion" is an aggravated feature of serious criminal trespass to a place of residence. The Bill in practice raises the maximum penalties for all offences which fall under the current categories, because -

 




the new maxima are higher than before;
the traditional limitation to offences which occur at night is removed, extending it to offences whether they occur during the night or day; and
the traditional requirement of both break and enter is removed in favour of mere unlawful entry, qualified by a statutory redefinition of entry without consent.

 

The last two changes widen the scope of the offence whilst retaining life imprisonment, with potential consequences for sentencing.

   

(October 28, November 9, 11, 16, 18, 19 - Act No. 80 of 1999)

 

CRIMINAL LAW CONSOLIDATION (SEXUAL SERVITUDE) AMENDMENT BILL

 

This Bill amends the Criminal Law Consolidation Act 1935 to repeal the laws on procuring sexual intercourse and to replace them with more wide ranging laws against sexual servitude.

 

The Bill makes it an offence to use unfair or improper means to influence someone to enter into or to stay in the commercial sex industry. Three main groups of offences are created by the Bill. Described generally, they are:

 






sexual servitude and related offences: compelling or by undue influence getting another to provide or continue to provide commercial sexual services (section 66);
deceptive recruiting for commercial sexual services: offering another employment knowing, and without disclosing, that the person will be asked to provide commercial sexual services and that their continued employment depends on their doing so (section 67);
use of children in commercial sexual services: using children to provide commercial sexual services or benefiting financially from this (section 68).

 

The Bill defines sexual servitude as "the condition of a person who provides commercial sexual services under compulsion". Commercial sexual services are defined as "services provided for payment involving the use or display of the body of the person who provides the services for the sexual gratification of another or others". These definitions are wide enough to include strip shows, lap dancing and, in some circumstances, using a person for the purpose of producing pornographic material, as well as what is traditionally understood to be prostitution.

   

(October 21, November 9, April 4, 6, 11, 13, May 2, 25, 30 - Act No. 20 of 2000)

 

CRIMINAL LAW (SENTENCING) (SENTENCING PRINCIPLES) AMENDMENT BILL

 

This Bill complements the Criminal Law Consolidation (Serious Criminal Trespass) Amendment Bill.

 

In South Australia, the general regime of sentencing is governed by the Criminal Law (Sentencing) Act 1988. That legislation contains a statement of the general principles that should govern the imposition of a sentence by the courts.

 

The Bill will insert, within the list of matters to which a court is obliged to give consideration under section 10 of the Criminal Law (Sentencing) Act when sentencing for an offence committed by an intruder in the home of another, the need to give effect to a policy set out in a new subsection (2) - to protect the security of the lawful occupants of the home from intruders.

 

The Bill amends section 11 which deals with the serious matter of the circumstances in which imprisonment should be considered. The effect of the amendment is to make sure that, when considering whether or not to impose a sentence of imprisonment, a sentencing court has due regard to the primary policy set out in section 10(2).

   

(October 28, November 9, 11, 16, 18, 19 - Act No. 79 of 1999)

 

DEVELOPMENT (SIGNIFICANT TREES) AMENDMENT BILL

 

This Bill is designed to save significant trees - native and exotic species - from inappropriate and indiscriminate removal and lopping, especially in the urban area.

 

The measures will apply across the Adelaide metropolitan area - and exclude those areas already covered by the Native Vegetation Act (The Adelaide Hills, the Hills Face Zone and Rural areas and townships). However, Councils in these areas can opt to come under the new legislation.

 

The Development Act enables controls to be applied to a wide range of acts and activities that are defined as "development" in the Act and Regulations. The advantage of managing significant urban trees using the Development Act is that they can be integrated into other aspects of the development assessment and approval process. Further, the merit assessment process under the Development Act means that a proposal for an activity affecting a tree will be assessed against appropriate and balanced planning policy.

   

(April 4, 11, 13 - Act No. 3 of 2000)

 

DEVELOPMENT (SYSTEM IMPROVEMENT PROGRAM) AMENDMENT BILL

 

This Bill makes improvements to the planning and development processes in the State. The aim of the Bill is to integrate the development assessment system more effectively and completely - in particular making provision for a single assessment "one stop shop" process for more development activities.

 

The Bill also improves rules and processes so that there is greater certainty and faster decision making, both within the State Government and local governments.

   

(March 30, April 12, May 25, June 28 - Lapsed due to Prorogation)

 

DISTRICT COURT (ADMINISTRATIVE AND DISCIPLINARY DIVISION) AMENDMENT BILL

 

The purpose of this Bill is to simplify and clarify the procedural law relating to administrative appeals. Because these appeals have been created by statute over several decades, the wording which defines the nature and scope of the appeal in each case can vary considerably from one Act to another, even though the substance of the Court’s inquiry is intended to be the same.

 

The solution set out in this Bill is to add provisions to the District Court Act 1991 which will apply generally to all such appeals. These provisions make clear the nature of the appeal which is intended, and the powers of the Court in dealing with it. They will apply to all appeals to the District Court in its Administrative and Disciplinary Division, regardless of which statute gives rise to the particular appeal. Only special and different features of a particular appeal need to be set out in the Act creating the appeal. In this way there is no need for complex exercises of statutory interpretation and for the development of a body of case law about each particular appeal.

 

For this reason, the Bill amends the District Court Act and also amends each particular Act creating an administrative appeal to the Administrative and Disciplinary Division of the Court. In addition to its main purpose, the Bill also makes minor technical amendments to the Act.

   

(November 18, March 28, 30, April 11 - Act No. 4 of 2000)

 

ELECTRICITY (PRICING ORDER AND CROSS-OWNERSHIP) AMENDMENT BILL

 

The purpose of this Bill is to amend section 35B of the Electricity Act 1996 to provide that the electricity pricing order is varied as set out in a notice published in the Gazette on 28 June 2000. The Treasurer is required to send a copy of the varied order to each licensed entity to which the order applies and to ensure that copies of the varied order are available for inspection and purchase.

 

The Bill also provides that references to the Corporations Law in the Schedule are to be read as references to the Corporations Law as in force at 19 August 1999, the date of assent of the amendment bill that inserted the Schedule into the principal Act.

   

(June 29, July 6, 12 - Act No. 51 of 2000)

 

ELECTRONIC TRANSACTIONS BILL

 

The object of the Bill is to provide a regulatory framework that -

 

1.

2.
3.
4.

recognises the importance of the information economy to the future economic and social prosperity of Australia;
facilitates the use of electronic transactions;
promotes business and community confidence in the use of electronic transactions; and
enables business and the community to use electronic communications in their dealings with government.

   

(July 6 - Lapsed due to Prorogation)

 

GAMBLING INDUSTRY REGULATION BILL

 

The purpose of this Bill is to establish a comprehensive system of regulation of the Gambling Industry.

   

(September 29, October 27, November 10, 17, 18, 19, April 5, 12, May 24, 31 - Lapsed due to Prorogation)

 

GENETICALLY MODIFIED FOOD (LABELLING) BILL

 

The purpose of this Bill is to require that all food containing genetically modified ingredients be labelled as such. The label must clearly indicate that the food consists of, or includes genetically modified animal or vegetable material. The label must also comply with any requirements prescribed by the regulations.

   

(July 12 - Lapsed due to Prorogation)

 

GENETICALLY MODIFIED MATERIAL (TEMPORARY PROHIBITION) BILL

 

The purpose of this Bill is to put in place a five year moratorium on the planting of genetically modified crops in South Australia. The Bill allows an exception only for genuine research, and then only in such circumstances where genetically modified material cannot be released or escape into the natural environment.

   

(June 28 - Lapsed due to Prorogation)

 

GOODS SECURITIES (MISCELLANEOUS) AMENDMENT BILL

 

The purpose of this Bill is to amend the Goods Securities Act 1986 to implement recommendations in the Report by Professor Tony Duggan, as part of the National Vehicle Security Register Project.

 

Australian jurisdictions have been working together towards the development of a national database for recording security interests in motor vehicles. During the development of linkages between each State’s security register, it was realised that the legislation in each State that governed the registration of security interests and the resolution of disputes between security holders varied greatly.

 

The main features of this Bill are changes which will bring about national uniformity. The following amendments are the major changes required to bring South Australia into line with the national model:

 








changing the way the Act defines that a person has "notice" of a security interest in a vehicle;
where competing security interests require dispute resolution, the statutory order of priority will be amended to reflect a nationally consistent approach;
recognition of circumstances in which temporary possession should defer the operation of a registered security interest, for example, repairer’s liens and short-term hire or lease arrangements; and
the introduction of a 24 hour period of grace so that a person can be sure that a certificate they obtain with respect to security interests is accurate until the end of the following day.

   

(October 20, April 4, 12 - Act No. 5 of 2000)

 

GUARDIANSHIP AND ADMINISTRATION (MISCELLANEOUS) AMENDMENT BILL

 

The purpose of this Bill is to set in place the recommendations of a legislative review of the Guardianship and Administration Act 1993. The Bill adopts the major recommendation of the review - the introduction of a process of mediation. New section 15A will separate the executive and administrative functions of the current registrar and place them with the executive officer and place new mediation functions with the position of Registrar. Transitional provisions are included for the current registrar to become the executive officer. The registrar may provide preliminary assistance in resolving proceedings before the board. This may include ensuring that the parties to the proceedings are fully aware of their rights and obligations; identifying issues in dispute; canvassing options that may obviate the need to continue proceedings; and facilitating full and open communication between parties. Other amendments of a more technical nature will enhance the operations of the legislation.

   

(September 30, November 9, 10, 16 - Act No. 72 of 1999)

 

HAIRDRESSERS (MISCELLANEOUS) AMENDMENT BILL

 

This Bill is a result of a review of all existing legislation that restricts competition. The definition of hairdressing is amended so that "washing" and "massaging or other treatment of a person’s scalp" are not included as these activities do not pose risks to consumers.

 

The current competency requirements are considered so onerous as to exceed those necessary to achieve the Act’s objectives.

 

The Bill therefore establishes a scheme whereby a person can apply to the Commissioner for Consumer Affairs to make a determination on whether that person has alternative qualifications, training or experience considered appropriate for the purpose of carrying on the practice of hairdressing. This will allow those who are not able to satisfy the qualification criteria set out in the regulations, but who are otherwise competent to carry on the practice of hairdressing without posing any risk to consumers, to legally provide their services to consumers in South Australia. An applicant has a right of appeal to the Administrative and Disciplinary Division of the District Court against a determination made by the Commissioner.

   

(July 6 - Lapsed due to Prorogation)

 

HIGHWAYS (MISCELLANEOUS) AMENDMENT BILL

 

The Bill amends the Highways Act 1926 to provide authority to raise tolls; to clarify the powers of the Commissioner of Highways in relation to roads under the care, control and management of the Commissioner; to provide provisions relating to a number of other operational matters; to place the Commissioner under the direction of the Minister; to repeal obsolete provisions; and to repeal anti-competitive provisions as required under the Competition Principles Agreement.

   

(March 29, May 23, 30, June 27, July 11, 13 - Act No. 48 of 2000)

 

HIGHWAYS (ROAD CLOSURES) AMENDMENT BILL

 

This Bill amends section 26 of the principal Act to provide that where a section 26 notice of the Commissioner’s intention to take over the maintenance and repair of a road for a term is given, or has previously been given, then, during the term of the notice or the balance of that term, any action that the council takes or has taken to exclude vehicles from that road is not or ceases to be of any effect unless approved by the Commissioner by notice in writing to the council.

   

(September 29, October 19, 26, November 10 - Act No. 68 of 1999)

 

HINDMARSH ISLAND BRIDGE BILL

 

The purpose of this Bill is to enable the State to recoup some of the costs that will be incurred as a result of the construction of the Hindmarsh Island Bridge.

 

The former Government entered into a Tripartite Deed with Binalong Pty. Ltd. and the then District Council of Port Elliot and Goolwa. The Tripartite Deed provided that the Council would contribute to the cost of the bridge by levying a rate on the owners of relevant allotments.

 

This Bill gives statutory force to this liability by imposing directly upon the owners a liability to pay an amount to the Crown. The amount is payable by owners of allotments that have been subdivided or created since 28 September 1993 which is the day on which the former Minister accepted the tender for the building of the bridge. The Bill provides for collection of the amounts by the Council at the same time as the Council collects council rates, with an obligation for the Council to forward the payments to the Government.

   

(September 30, November 16, 18, 19 - Act No. 82 of 1999)

 

HISTORY TRUST OF SOUTH AUSTRALIA (OLD PARLIAMENT HOUSE) AMENDMENT BILL

 

The purpose of this Bill is to transfer ownership of Old Parliament House to the Crown for the purpose of the Parliament. The premises formerly known as the Constitutional Museum, and now as Old Parliament House, are no longer to be held under the care, control and management of the History Trust of South Australia. Instead, it is intended to dedicate the whole of the Parliament House site for the purposes of the Parliament pursuant to the dedication under the Crown Lands Act 1929.

   

(March 29, April 4, May 23, June 28, July 6 - Act No. 47 of 2000)

 

JUDICIAL ADMINISTRATION (AUXILIARY APPOINTMENTS AND POWERS) (DEFINITION OF JUDICIAL OFFICE) AMENDMENT BILL

 

This Bill amends the Judicial Administration (Auxiliary Appointments and Powers) Act 1988 by amending the definition of "judicial office" in section 2 to include the office of Commissioner of the Environment, Resources and Development Court. At present, there is no provision for auxiliary appointments to that Court, but only for permanent appointments, either full-time or part-time. This Bill makes such provision.

 

Auxiliary appointment is a method of providing additional judicial resources to a court when a short-term need arises. An auxiliary appointment may be made for a term of up to 12 months, with the possibility of extension for a further 12 months.

   

(September 29, October 19, 21, November 9 - Act No. 65 of 1999)

 

JURIES (MISCELLANEOUS) AMENDMENT BILL

 

The purpose of this Bill is to address situations that arise in jury trials which result in a juror being unable to continue to sit as a juror, or in a juror needing to be able to be separated from the other jurors on a temporary basis. This Bill amends the Juries Act 1927 in two main ways to deal with issues arising from the need to accommodate these situations.

 

The first amendment provides for the empanelment of additional jurors. The purpose of this amendment is to reduce the risk of aborting trials, particularly long criminal trials, where three or more jurors become unable to continue to sit as jurors.

 

The second amendment enables juries to be separated during deliberations, on the discretion of the presiding Judge. The Bill will enable the court to permit jurors to separate at any time, including after they have retired to consider their verdict, if the court considered that there are proper reasons to do so. The Bill also enables the court to impose conditions on such a separation, for example, a condition that the jurors not discuss the case with other people.

 

The Bill also makes consequential and drafting amendments to the principal Act.

   

(April 13, May 4, 24, 25, June 1, July 5 - Act No. 44 of 2000)

 

LAND AGENTS (REGISTRATION) AMENDMENT BILL

 

This Bill is a result of a review of all existing legislation that restricts competition. While the Land Agents Act provides protection to consumers, it also contains several provisions that restrict competition through the creation of structural restrictions on entry into the market.

 

The Bill provides, in relation to registration as an agent, that the present prohibition on convictions for offences of dishonesty is to be removed and replaced by criteria under which convictions for summary offences of dishonesty will preclude a person from obtaining or holding registration as a land agent for a period of ten years, while any convictions for the more serious class of indictable offences of dishonesty will result in permanent prohibition from registration.

 

The Bill makes similar provision in relation to the employment of people as sales representatives and the entitlement of a person to act as a sales representative. Under clause 5, a person must not employ another as a sales representative if that other person has been convicted of an indictable offence of dishonesty at any time or has, within the period of 10 years preceding the employment, been convicted of a summary offence of dishonesty. Further, a person must not act as a sales representative if they have been convicted of an indictable offence of dishonesty at any time, or have been convicted of a summary offence of dishonesty within the period of 10 years preceding their acting as a sales representative.

   

(July 6 - Lapsed due to Prorogation)

 

LEGAL PRACTITIONERS (MISCELLANEOUS) AMENDMENT BILL

 

This Bill amends the Legal Practitioners Act 1981 for three distinct purposes.

 

Firstly, the Bill will amend the Act to effectively exclude, from the Guarantee Fund, claims for losses incurred as a result of a legal practitioner’s mortgage investment activities. By excluding claims related to mortgage investment broking from the Guarantee Fund, all clients accepting mortgage investment services will be in the same position in relation to indemnity for losses, regardless of the profession of the person facilitating the mortgage investment scheme.

 

Secondly, the Bill will make it an offence for a legal practitioner to employ or engage in his or her legal practice a person who is suspended from practice or has been struck off the roll. This would prevent employment even in the capacity of a law clerk or a paralegal. In this way, the punitive and consumer protective aims of the disciplinary provisions would be carried into effect. However, the Government accepts that employment in a law firm may be permissible in circumstances where it does not entail the practice of the profession of law by the disqualified person and where the public is protected. Hence, the Bill also permits the disqualified person or the practitioner proposing to employ or engage him or her, to apply to the Legal Practitioners Disciplinary Tribunal for permission for such employment.

 

Finally, the Bill will clarify the interaction between section 66 of the Act and the other provisions of the Act dealing with claims against the Guarantee Fund, and also makes a minor amendment to the scope of claims by legal practitioners against the Guarantee Fund.

   

(October 27, November 9, 11, 16, 19 - Act No. 84 of 1999)

 

LEGAL PRACTITIONERS (MISCELLANEOUS) AMENDMENT BILL

 

This Bill amends the Legal Practitioners Act 1981 for three distinct purposes.

 

Firstly, the Bill will amend the Act to effectively exclude, from the Guarantee Fund, claims for losses incurred as a result of a legal practitioner’s mortgage investment activities. By excluding claims related to mortgage investment broking from the Guarantee Fund, all clients accepting mortgage investment services will be in the same position in relation to indemnity for losses, regardless of the profession of the person facilitating the mortgage investment scheme.

 

Secondly, the Bill will make it an offence for a legal practitioner to employ or engage in his or her legal practice a person who is suspended from practice or has been struck off the roll. This would prevent employment even in the capacity of a law clerk or a paralegal. In this way, the punitive and consumer protective aims of the disciplinary provisions would be carried into effect. However, the Government accepts that employment in a law firm may be permissible in circumstances where it does not entail the practice of the profession of law by the disqualified person and where the public is protected. Hence, the Bill also permits the disqualified person or the practitioner proposing to employ or engage him or her, to apply to the Legal Practitioners Disciplinary Tribunal for permission for such employment.

 

Finally, the Bill will clarify the interaction between section 66 of the Act and the other provisions of the Act dealing with claims against the Guarantee Fund, and also makes a minor amendment to the scope of claims by legal practitioners against the Guarantee Fund.

   

(October 27, November 9, 11, 16, 19 - Act No. 84 of 1999)

 

LIQUOR LICENSING (MISCELLANEOUS) AMENDMENT BILL

 

The substantive amendment in this Bill is to create a new type of liquor licence. The "direct sales" licence has been devised in response to the growth of electronic commerce. At present, it is not possible to be licensed in South Australia to run a liquor sales business which trades entirely by means of the internet.

 

The new "direct sales" licence will permit the licensee to arrange the delivery of packaged liquor to the home or other premises of a customer who orders the liquor by telephone, mail, facsimile transmission, internet, e-mail or like communication. This is the only type of sale permitted by the licence. Liquor may not be sold, displayed or served to customers in person.

 

The Bill also makes minor amendments to improve enforcement or to overcome practical difficulties in the operation of the Act.

   

(May 25, June 27, July 4, 12, 13 - Act No. 55 of 2000)

 

LIQUOR LICENSING (REGULATED PREMISES) AMENDMENT BILL

 

The purpose of this Bill is to make several amendments in relation to the consumption of liquor on regulated premises.

 

The definition of "public conveyance" is amended to exclude conveyances that are available for self-drive hire from the ambit of the definition, but only if they are operated on a non-commercial basis. The definition of "regulated premises" is amended to provide that a public place will only fall within the scope of the definition while it is being used for the purposes of an organised event, admission to which involves payment of money, whether directly or indirectly. The same definition is also amended to exclude any premises, place or conveyance that the regulations exclude from the scope of the definition.

 

The Bill also provides that a limited licence may be granted to allow for the consumption of liquor in circumstances when it would otherwise be unlawful (e.g. on regulated premises).

   

(September 29, October 21, 28, November 11, May 25, June 29 - Act No. 35 of 2000)

 

LISTENING DEVICES (MISCELLANEOUS) AMENDMENT BILL

 

This Bill updates the provisions of the Act taking into account technological advances. It makes a number of other amendments aimed at overcoming some current practical problems in the Listening Devices Act 1972 and at increasing the protection of information obtained by virtue of this legislation. It also increases the level of accountability to accord with other similar legislation.

   

(September 30, June 28, July 4, 5 - Lapsed due to Prorogation)

 

MEMBERS OF PARLIAMENT (REGISTER OF INTERESTS) (RETURNS) AMENDMENT BILL

 

The purpose of this Bill is to make a number of amendments to the principal Act to improve the legislation. The Bill reduces from 50 per cent to a 15 per cent interest in investments that must be declared. The Bill requires that all assets contributed to a joint venture in which a Member of Parliament has an interest, including those contributed by other parties, be declared. The Bill makes a Member of Parliament who carries out or is a party to a scheme to defeat, evade, prevent or limit the operation of the Act guilty of an offence and subject to a $5,000 fine. The Bill also reduces the thresholds for disclosure of the debts by Members of Parliament from $7,500 to $5,000 and loans or deposits made by a Member of Parliament from $10,000 to $5,000.

   

(November 17 - Lapsed due to Prorogation)

 

MOTOR VEHICLES (HEAVY VEHICLES SPEEDING CONTROL SCHEME) AMENDMENT BILL

 

The purpose of this Bill is to introduce a scheme for the management of speeding heavy vehicles. The scheme will help reduce the incidence of speeding among heavy vehicles by making the registered owner of the vehicle responsible for repeated speeding incidents. Extending responsibility for speeding from drivers to owners, and introducing penalties which impact on the operation of a transport business, will improve road safety in rural areas and prevent some businesses from operating to the disadvantage of those with good driving practices in place.

   

(September 29, October 19, 26, November 10 - Act No. 67 of 1999)

 

MOTOR VEHICLES (MISCELLANEOUS) AMENDMENT BILL

 

This Bill amends two sections of the Motor Vehicles Act 1959. The amendment to section 75A provides that, generally, drivers who hold a learner’s permit must not drive a motor vehicle on a road anywhere in the State at a speed exceeding 80 kilometres an hour.

 

However, if the holder of the learner’s permit is driving a motor vehicle that is fitted with a braking system that allows for the service brake to be applied from the front passenger seat, the vehicle is readily identifiable as a vehicle used for driver instruction, and the learner driver is accompanied by the holder of a motor driving instructor’s permit, he or she may drive at a speed not exceeding 100 kilometres an hour.

 

The Bill also amends section 139. The first amendment to this section provides for the striking out of subsection (2)(a). That paragraph provides that an authorisation to examine motor vehicles could only be granted to certain classes of persons. The amendment removes that restriction. The second amendment to section 139 provides for the striking out of subsection (3) - the "sunset" provision. Subsection (3) provides that authorisations to examine motor vehicles granted by the Registrar under section 139 will expire on the third anniversary of the day on which subsection (2) of section 139 came into operation. The amendment provides that authorisations will no longer expire by this means.

   

(March 29, May 4, 23, June 29 - Act No. 30 of 2000)

 

MEMBERS OF PARLIAMENT (REGISTER OF INTERESTS) (RETURNS) AMENDMENT BILL

 

The purpose of this Bill is to make a number of amendments to the principal Act to improve the legislation. The Bill reduces from 50 per cent to a 15 per cent interest in investments that must be declared. The Bill requires that all assets contributed to a joint venture in which a Member of Parliament has an interest, including those contributed by other parties, be declared. The Bill makes a Member of Parliament who carries out or is a party to a scheme to defeat, evade, prevent or limit the operation of the Act guilty of an offence and subject to a $5,000 fine. The Bill also reduces the thresholds for disclosure of the debts by Members of Parliament from $7,500 to $5,000 and loans or deposits made by a Member of Parliament from $10,000 to $5,000.

   

(November 18, December 8, 9 - Act No. 73 of 1998)

 

NATIVE TITLE (SOUTH AUSTRALIA) (MISCELLANEOUS) AMENDMENT BILL

 

The purpose of this Bill is to amend the Native Title (South Australia) Act in response to amendments made in 1998 to the Commonwealth Native Title Act in so far as they relate to section 207A (recognised State bodies).

 

Section 207A of the Native Title Act allows the States to establish their own Courts or bodies to decide native title claims (subject to approval from the relevant Commonwealth Minister). The section envisages that there will be a nationally consistent approach to the recognition and protection of native title and therefore requires that the law of a State and procedures thereunder be broadly consistent with the provisions of the Native Title Act.

 

As a result of the 1998 amendments to the Native Title Act, it is necessary to amend the existing State legislation constituting the Supreme Court and ERD Court as recognised bodies to ensure the consistency of State processes with those in the amended Native Title Act.

 

The Bill also makes a number of amendments to reflect definitions in the Native Title Act and to clarify aspects of the operation of the South Australian Scheme.

   

(November 18, March 29, 30, June 29, July 11 - Act No. 46 of 2000)

 

NATIVE TITLE (SOUTH AUSTRALIA) (VALIDATION AND CONFIRMATION) AMENDMENT BILL

 

This Bill represents the State’s legislative response to the amendments to the Native Title Act 1993 (Commonwealth) in so far as they relate to validation and confirmation provisions.

 

Section 22F of the Native Title Act 1993 allows the State to validate acts done over pastoral and other lands in the period between 1 January 1994 and 23 December 1996 (the date of the Wik decision) on the assumption that native title was extinguished. This will ensure the validity of acts on pastoral leases prior to the Wik decision

 

Part 6 of the Native Title (South Australia) Act is amended to validate those acts covered by section 22F and also to provide for the State to be able to validate invalid future acts pursuant to section 24EBA.

 

Sections 23E and 23I of the Native Title Act provide for the State to confirm the extinguishment (total or partial respectively) of native title by previous exclusive possession acts and previous non-exclusive possession acts attributable to the State, including those listed in the list of extinguishing tenures for South Australia set out in Schedule 1, Part 5 of the Native Title Act.

 

The amendments in this Bill are consistent with the decisions in the Mabo and Wik cases and the principles identified in them. They will remove perpetual and other lessees who hold rights of exclusive possession from the process of determining native title applications in the Federal Court.

   

(November 18, April 5, June 27, 28, July 5, 11 - Lapsed due to Prorogation)

 

NUCLEAR WASTE STORAGE FACILITY BILL

 

The purpose of this Bill is to prohibit the construction of a nuclear waste storage facility. The Bill also prevents the use of any taxpayers’ money for the purpose of encouraging or financing any activity associated with the development, construction or operation of a nuclear waste storage facility.

   

(November 17 - Lapsed due to Prorogation)

 

OCCUPATIONAL HEALTH, SAFETY AND WELFARE (PENALTIES AND PAYMENTS) AMENDMENT BILL

 

The purpose of this Bill is to increase the existing maximum level of penalties in the Occupational Health, Safety and Welfare Act.

 

The Bill will provide an industrial magistrate the discretion to make a payment to an injured worker on account of injury, loss or damage suffered by an employee. It provides that if it appears to the court in which the person is convicted that the employee has suffered injury, loss or damage as a result of the commission of the offence, or of any other offence taken into account by the court, the court may order that a part of any monetary penalty imposed in respect of the offence be paid to the employee or to a member of the employee’s family.

   

(April 5 - Lapsed due to Prorogation)

 

OFFICE FOR THE AGEING (ADVISORY BOARD) AMENDMENT BILL

 

The purpose of this Bill is to expand the membership of the Ministerial Advisory Board on Ageing to provide for increased representation and expertise on ageing, health and associated issues. This will allow for the provisions of integrated advice across the ageing area whilst ensuring that human services and health issues are appropriately represented.

   

(September 30, October 19, 26, 27, November 10 - Act No. 69 of 1999)

 

POLICE (COMPLAINTS AND DISCIPLINARY PROCEEDINGS) (MISCELLANEOUS) AMENDMENT BILL

 

The purpose of this Bill is to place into legislation the results of a thorough and careful review of the entire police complaints system, both as it appears in legislation and as it operates in practice.

 

The main issues addressed in this Bill are -

 

1.
2.
3.
4.
5.
6.


7.

Determination of matters to be investigated by the Police Complaints Authority;
Production of documents and other property;
The right of persons to make submissions to the Police Complaints Authority;
Provision of the particulars of the matter under investigation;
Contents of the Internal Investigations Branch’s Report;
Provision of confidential memoranda by the Police Complaints Authority to the Commissioner of Police and provision of assessments and recommendations to complainants and police officers the subject of complaints; and
Confidentiality.

   

(September 30, November 9, April 11, May 2, 23 - Act No. 17 of 2000)

 

PRICES (MISCELLANEOUS) AMENDMENT BILL

 

This Bill amends the Prices Act 1945 following a review by the State Government of legislation that restricts competition. The Bill removes the requirement that a person who sells declared goods or supplies declared services in the course of a business, keeps such accounts and records as are specified in section 12 and in the regulations and as the Commissioner may require. The Bill also amends section 12 so that it applies only in relation to declared goods or declared services in respect of which a maximum price has been fixed under the Act, and empowers the Commissioner to give a person who sells declared goods or supplies declared services in respect of which a maximum price has been so fixed a notice requiring the person to keep such accounts and records as are specified in the notice. A notice may be given to a particular person or to persons of a particular class.

 

The Bill also amends section 30 which relates to the size of a packet or container in which declared goods are to be sold so that it applies only in relation to declared goods in respect of which a maximum price has been fixed under the Act.

   

(October 27, March 28, 29, April 5 - Act No. 6 of 2000)

 

RACING (TAB) AMENDMENT BILL

 

The purpose of this Bill is to prevent the installation of EFTPOS or ATM facilities within a TAB outlet or the TAB facilitating an ATM outlet near a TAB. The Bill also amends section 62 of the Racing Act relating to the transfer of funds, particularly in the context of credit card betting. The Bill will ensure that to use a telephone account to place a bet, cash must be transferred into it and a credit card must not be used.

   

(October 20, November 10 - Lapsed due to Prorogation)

 

ROAD TRAFFIC (MISCELLANEOUS) AMENDMENT BILL

 

The primary purpose of this Bill is to address the concerns of emergency services personnel with regard to the speed at which vehicles travel past emergency incidents on the roads.

 

A new section 83 creates a speed limit for vehicles passing an emergency vehicle that has stopped on a road and is displaying a flashing blue or red light. Under a general interpretation provision "road" will include a road-related area. The speed limit is set at 40 kilometres per hour or, if a lesser speed is required in the circumstances to avoid endangering any person, that lesser speed. The speed restriction does not apply if the person is driving on a road divided by a median strip and the emergency vehicle is on the other side of the road beyond the median strip. "Emergency vehicle" is defined to mean a vehicle used by a member of the police force or by a person who is an emergency worker as defined by the regulations for the purposes of the provision.

   

(November 18, March 28, 29, April 11 - Act No. 7 of 2000)

 

ROAD TRAFFIC (RED LIGHT CAMERA OFFENCES) AMENDMENT BILL

 

The purpose of this Bill is to introduce demerit points for red light offences detected by camera. This will move South Australia into line with the national demerit points scheme which provides that demerit points are incurred for speeding and red light offences, without distinction based on the manner of detection. This measure was agreed nationally by Transport Ministers under the terms of the Light Vehicles Agreement 1992, as part of the National Driver Licensing Scheme. Implementation is therefore required under National Competition Policy.

   

(March 29, April 12, 13, May 3, June 1 - Act No. 28 of 2000)

 

SOUTHERN STATES SUPERANNUATION (CONTRIBUTIONS) AMENDMENT BILL

 

This Bill makes a number of amendments to the Southern State Superannuation Act 1994, which establishes and continues the Triple S Scheme for Government employees. The amendments fall into two main categories. The first category of amendments deals with two administrative procedures which are being changed under the Bill. The second category of amendments is a series of amendments of a technical nature to accommodate contributions elected to be directed to the Scheme by an employee in terms of a salary sacrifice arrangement.

   

(May 30, July 4, 12 - Act No. 56 of 2000)

 

SOUTHERN STATES SUPERANNUATION (SALARY) AMENDMENT BILL

 

This Bill amends the Southern State Superannuation Act 1994, which establishes and continues the Triple S Scheme for Government employees. The Triple S Scheme provides benefits based on the accumulation of contributions paid into the Scheme.

 

The amendment modifies the definition of salary to provide that non-monetary remuneration received by a member as the result of the sacrifice by the member of part of his or her salary in accordance with an award or an enterprise agreement prescribed by regulation shall be included as part of salary for purposes of the Act. The modification is required as a consequence of the agreement between the public sector unions and the Government to introduce the option for employees to salary sacrifice as part of the SA Government Wages Parity Enterprise Agreement.

   

(November 17, 18 - Act No. 86 of 1999)

 

STATUTES AMENDMENT (CONSUMER AFFAIRS - PORTFOLIO) BILL

 

This Bill amends the Fair Trading Act 1987, the Land and Business (Sale and Conveyancing) Act 1994, the Prices Act 1948 and the Trade Standards Act 1979 to help standardise the time limits for the instigation of prosecutions across the portfolio (and to bring those limits more into line with those applying to offences generally). In the case of most offences under those Acts, a prosecution will now have to be commenced within two years of the date of the offence or, with the authority of the relevant Minister, within five years of that date.

 

The Bill also amends the Trade Standards Act by redesignating the composition of the Council by eliminating the naming of specific organisations and allowing for greater flexibility in the nomination process.

   

(April 13, May 23, 30, June 29 - Act No. 43 of 2000)

 

STATUTES AMENDMENT (DUST-RELATED CONDITIONS) BILL

 

The purpose of this Bill is to provide that if a person commences an action for damages in respect of a dust-related condition and dies before the action is finally determined, damages for pain and suffering, bodily and mental harm and curtailment of expectation of life are recoverable for the benefit of the estate of the person.

   

(July 12 - Lapsed due to Prorogation)

 

STATUTES AMENDMENT (ELECTRICITY) BILL

 

The Statutes Amendment (Electricity) Bill makes amendments to the Electricity Act 1996, the Electricity Corporations Act 1994 and the Electricity Corporations (Restructuring and Disposal) Act 1999.

 

The Bill amends the Electricity Act to permit the electricity pricing order to be varied in accordance with its terms and deems this amendment to have come into operation on 11 October 1999 (which is the date on which the electricity pricing order provisions of the Electricity Act came into operation).

 

The amendments made by the Bill to the Electricity Corporations Act enable SA Generation Corporation to authorise another body to exercise its powers to mine coal and other substances at or near Leigh Creek and to dispose of the coal and other substances. The Bill also amends the Electricity Corporations Act to provide for the possible abolition in the future of SA Generation Corporation and accordingly provides for the repeal of those provisions of that Act that relate to SA Generation Corporation.

 

In addition, the Bill provides for the name of ETSA Corporation to be changed to RESI Corporation. The purpose of this is to allow the ETSA name to be used exclusively by the privatised electricity retail business.

 

The Bill amends the definition of "prescribed electricity assets" in the Electricity Corporations (Restructuring and Disposal) Act so that it excludes land under or over which there is a powerline. In the absence of this amendment, the strip of land which lies under the connection lines that convey electricity from the distribution network on Anzac Highway to the ETSA Headquarters building would not be able to be sold. This is an unintended and anomalous consequence because the remainder of the land on which the ETSA Headquarters building is located can be sold. A similar situation exists wherever there are powerlines which supply electricity to ETSA depots and which pass over land that is owned by ETSA. However, the amount of land which would be affected by this amendment is small. This is because most powerlines are situated above or under land (such as footpaths or roads) owned by councils or above or under easements over private land. This land could not, in any event, be sold as part of the privatisation process.

 

The Bill also makes other technical amendments to further facilitate the privatisation of the State’s electricity businesses.

   

(October 28, November 17, 18 - Act No. 74 of 1999)

 

STATUTES AMENDMENT (EXTENSION OF NATIVE TITLE SUNSET CLAUSES) BILL

 

The purpose of this Bill is to postpone the expiry of Part 9B of the Mining Act 1971 and the Opal Mining Act 1995 until 17 June 2003. This will allow the mining industry in South Australia to continue to utilise the procedures concerning a "right to negotiate" in respect of mining activities on native title land, pending further negotiations with the Commonwealth.

   

(April 12, May 4, 31 - Act No. 22 of 2000)

 

STATUTES AMENDMENT (MAGISTRATES COURT APPEALS) BILL

 

The purpose of this Bill is to make sure that all appeals from the Magistrates Court are dealt with at the appropriate level. The Bill ensures that the resources of the Full Supreme Court are not called in aid unnecessarily, but are available in cases which properly require the Full Court’s consideration.

   

(September 29, October 19, 21, November 9 - Act No. 66 of 1999)

 

STATUTES AMENDMENT (PUBLIC TRUSTEE AND TRUSTEE COMPANIES - GST) BILL

 

This Bill amends the Public Trustee Act 1995 and the Trustee Companies Act 1988 to provide that the Public Trustee can exceed the limit under these Acts for its commission or fees to the extent necessary to recover the GST.

   

(April 12, May 2, 23, 31 - Act No. 23 of 2000)

 

STATUTES AMENDMENT (VISITING MEDICAL OFFICERS SUPERANNUATION) BILL

 

The purpose of the amendments in this Bill is to provide eligibility for Visiting Medical Specialists to join the Triple S Scheme, established under the Southern State Superannuation Act.

 

The amendments also provide that if prior to appointment as a Visiting Medical Specialist, the person was already a contributor to one of the schemes established under the Superannuation Act 1988, the person may remain a contributor.

 

The amendments will maintain the expectation of some Visiting Medical Specialists, that a Government superannuation scheme be available to them to join.

   

(October 28, November 16, 18 - Act No. 87 of 1999)

 

STATUTES AMENDMENT (WARRANTS OF APPREHENSION) BILL

 

This Bill deals with two separate issues. The first is the issue of warrants for apprehension of persons on leave, licence or parole, who are believed to have breached the terms of their conditional liberty. The amendments in the Bill are directed at clarifying and simplifying the process of apprehension of such persons. The second issue is the enforcement provisions applicable to youths who are released from detention in a training centre, on leave or licence. In this case, the object of the amendments is to clarify the enforcement provisions of the Young Offenders Act.

   

(March 29, April 11, May 2, 24 - Act No. 18 of 2000)

 

STATUTES AMENDMENT AND REPEAL (ATTORNEY-GENERAL’S PORTFOLIO) BILL

 

This Bill makes a number of minor, mostly uncontroversial amendments to legislation within the Attorney-General’s Portfolio. The Acts which are amended are the Associations Incorporation Act 1985, the Correctional Services Act 1982, the Crimes at Sea Act 1998, the Criminal Injuries Compensation Act 1978, the Criminal Law Consolidation Act 1935, the Criminal Law (Forensic Procedures) Act 1998, the Criminal Law (Sentencing) Act 1988, the Election of Senators Act 1903, the Environment, Resources and Development Court Act 1993, the Evidence Act 1929, the Expiation of Offences Act 1996, the Magistrates Court Act 1991, the Real Property Act 1886, the Wills Act 1936 and the Young Offenders Act 1993; and to repeal the Australia Acts (Request) Act 1999.

 

In particular, the Bill amends the Criminal Injuries Compensation Act concerning a situation where a person is injured as a result of their own criminal activity or activity to which they had contributed, and made a claim for criminal injuries compensation. The Bill requires that there be a connection between the offence by the victim and the injury sustained by him or her before disqualification from compensation is automatic. The Bill provides that the victim will only be disqualified if the Court is satisfied that the criminal conduct contributed materially to the risk of injury to the claimant.

   

(May 4, June 1, 28, 29, July 11, 13 - Act No. 57 of 2000)

 

STATUTES AMENDMENT AND REPEAL (SECURITY AND ORDER AT COURTS AND OTHER PLACES) BILL

 

The purpose of this Bill is to provide a regime for the manner and conduct of the search of persons at the entry to court premises. The Bill will allow the non-contact search of the person in the first instance by a scanning device and the search of belongings either by a scanning device or physically. This is a power of random search in the sense that there need be no grounds for believing that the person to be searched has anything which might be a security risk on or about his or her person. Where there are reasonable grounds for believing that there is a security risk item in the possession of the person, the Bill proposes a power to require that the item be produced and for a more thorough physical search of the person. By contrast, where a person is required by law to attend court, that more thorough physical search may be conducted if necessary without the requirement that there being reasonable grounds to do so.

 

The Bill also addresses three further matters. First, the Bill makes a series of amendments to the Ombudsman Act 1972 which are designed to give the Ombudsman a jurisdiction to hear complaints in relation to the exercise of the powers by the sheriff and sheriff’s officers. Second, the Bill amends the Courts Administration Act 1993 so as to enable the State Courts Administration Council to delegate its authority under the Sheriff’s Act as it is amended in this Bill in relation to the provision of court security to the Sheriff. Third, the Bill provides a widening of the power to make regulations on the recommendation of the State Courts Administration Council in order to provide scope for detailed rule making about court security should the need arise.

   

(May 24, June 28, 29, July 12 - Act No. 49 of 2000)

 

SUMMARY OFFENCES (SEARCHES) AMENDMENT BILL

 

The purpose of this Bill is to amend section 81 of the Summary Offences Act which authorises the conduct of an intrusive search. The Bill makes detailed provisions of how the searches are to be carried out. The Bill also makes it clear what Parliament expects in the conduct of body searches and will establish a mechanism for safeguarding against impropriety through ensuring that evidence is available to hold the police accountable for impropriety where necessary.

   

(November 18, March 28, 30, April 11, May 30, July 5, 13 - Act No. 54 of 2000)

 

SUPERANNUATION (MISCELLANEOUS) AMENDMENT BILL

 

The purpose of this Bill is to make a number of amendments to the Superannuation Act 1988, which establishes and maintains the two defined benefit schemes for government employees. The amendments deal with technical issues and matters that are designed to simplify the administration of the schemes.

 

One of the package of amendments deals with issues relating to arrangements that have been entered into between the South Australian Superannuation Board and an instrumentality or agency of the Crown, for the purposes of providing eligibility for membership of the schemes. These arrangements are entered into in terms of Section 5 of the Act. The amendments expand the current provisions to deal with the issues that need to be considered and addressed before an employer can terminate an arrangement. The amendments also make it clear that an arrangement can be modified from time to time. The expanded provisions also deal with the situation where an instrumentality or agency ceases to be a body of the Crown. The amendments dealing with arrangements under Section 5 of the Act provide greater clarity for employers in relation to their rights and obligations, together with greater clarity for employees.

 

Other amendments clarify existing provisions, ensure consistency between similar provisions or enhance the general administration of the Act.

   

(November 18, April 4, May 30, June 29 - Act No. 41 of 2000)

 

THE CARRIERS ACT REPEAL BILL

 

The purpose of this Bill is to repeal The Carriers Act 1891. The Act is considered to be no longer relevant and the objectives of the legislation in protecting common carriers is seen to be in conflict with current emphasis on consumer protection. The Act offers a protection to common carriers that is unnecessary in a marketplace in which they are able to limit their liability contractually or insure themselves against risk.

   

(October 20, 26, November 16, 17 - Act No. 70 of 1999)

 

WRONGS (DAMAGE BY AIRCRAFT) AMENDMENT BILL

 

The purpose of this Bill is to include in the Wrongs Act 1936 provisions relating to liability for aircraft damage, determined on the same principles as the Damages by Aircraft Act 1999 (Commonwealth). The Act legislates in respect of liability for injury, loss, damage and destruction caused by aircraft or by people, animals or things that are dropped, or that fall, from aircraft in flight and introduces strict unlimited liability for aircraft.

 

In addition to matters complementing the Commonwealth legislation, the Bill also provides for a matter covered by the "damage by aircraft" legislation of those States that have such existing legislation. This provision is for the exclusion of liability for nuisance or trespass by an aircraft flying at a height that is reasonable having regard to the weather conditions and in compliance with the requirements of the Air Navigation Act and the Civil Aviation Act. The inclusion of such a provision will make this State’s legislation consistent with other State laws applying in relation to intrastate flights.

   

(November 10, March 28, 29, April 11 - Act No. 8 of 2000)

 

YOUNG OFFENDERS (PUBLICATION OF INFORMATION) AMENDMENT BILL

 

This Bill amends section 13 of the Young Offenders Act 1993 to allow the Youth Court to permit, in limited circumstances, the publication of particulars that would otherwise be suppressed under that section.

 

An application will need to be made by a person proposing to make a documentary or undertake an educational or research project to the Youth Court. The application must be endorsed with the written consent of the youth and a guardian of the youth. The Youth Court will be able to permit the publication, but must give paramount consideration to the welfare of the youth, and must take into account the impact of the publication on the youth, the purpose and necessity of the publication, considerations of public interest, and other matters of relevance. Where the Youth Court grants an order permitting publication of the report, there will be two mandatory conditions of the order. Firstly, it will be a condition of the order that the youth and consenting guardian have a reasonable opportunity to view the documentary or project after its completion but before its release to the public. Secondly, it will be a condition of an order that, if the documentary or project is viewed by the youth and guardian, it must not be released to the public until at least 30 days after that viewing. The Youth Court may also include any other conditions that it thinks fit.

   

(November 18, March 28, April 4, 11, May 24, 25, 31, June 29 - Act No. 33 of 2000)