LEGISLATIVE COUNCIL

OF

SOUTH AUSTRALIA

________________

 

STATISTICS

________________

 

FOURTH SESSION OF THE FORTY-NINTH PARLIAMENT

________________

 

4 October 2000 to 15 January 2002

________________

 

 


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
Joint Committee on Impact of Dairy Deregulation in the Industry in South Australia

 

Sessional Committees -

   

Standing Orders Committee
Printing Committee

 

Select Committees -

   

Select Committee on Adelaide Cemeteries Authority Bill 2000
Select Committee on Classification (Publications, Films and Computer Games) (Miscellaneous) Amendment Bill (No. 2) 2001
Free Presbyterian Church (Vesting of Property) Bill 2001
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 West Beach Recreation Reserve (Review) Amendment Bill 2001

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
Urgency Motion
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 until 4 December 2001)

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 until 4 December 2001; Attorney-General, Minister for Justice, Minister for Consumer Affairs from 4 December 2001)

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 (Minister for Primary Industries from 4 December 2001)

The Hon. Robert Kenneth SNEATH

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

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
Mr R K Hanna MP*
Mr E J Meier MP

*Appointed 25 September 2001
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 R K Sneath MLC*

*Appointed 4 October 2000
Committee Secretary: Ms. T. Woodall, B.A.

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: Mr. R. Crump, B.Sc.(Phys.Ed.), LL.B.

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 C Zollo MLC*

The Speaker (The Hon JKG Oswald MP)
Mrs R K Geraghty MP**
The Hon D C Wotton MP

*Appointed 4 October 2000
**Appointed 25 September 2001

 

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

 

JOINT COMMITTEE ON IMPACT OF DAIRY DEREGULATION ON THE INDUSTRY IN SOUTH AUSTRALIA

 

Appointed 26 July 2001

   

The Hon R R Roberts MLC
The Hon I Gilfillan MLC
The Hon T G Roberts MLC

Ms A K Hurley MP
Mr R M McEwen MP
Mr E J Meier MP*

*Appointed 25 October 2001

 
 
 

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
___________

 

ADELAIDE CEMETERIES AUTHORITY BILL 2000

 

Appointed 12 October 2000

   

The Hon D V Laidlaw MLC (Minister for Transport and Urban Planning)
The Hon L H Davis MLC

The Hon M J Elliott MLC
The Hon T G Roberts MLC
The Hon R K Sneath MLC

Reported 15 May 2001

CLASSIFICATION (PUBLICATION, FILMS AND COMPUTER GAMES) (MISCELLANEOUS) AMENDMENT BILL (NO. 2) 2001

 

Appointed 6 June 2001

   

The Hon K T Griffin MLC
(Attorney-General)
The Hon I Gilfillan MLC

The Hon P Holloway MLC
The Hon J F Stefani MLC
The Hon C Zollo MLC

Reported 30 October 2001

FREE PRESBYTERIAN CHURCH (VESTING OF PROPERTY) BILL 2001

 

Appointed 11 April 2001

   

The Hon K T Griffin MLC
(Attorney-General)
The Hon L H Davis MLC

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

Reported 3 July 2001

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 R K Sneath 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 N Xenophon MLC
The Hon C Zollo 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

 

WEST BEACH RECREATION RESERVE (REVIEW) AMENDMENT BILL 2001

 

Appointed 6 July 2001

   

The Hon D H Laidlaw MLC (Minister for Transport and Urban Planning)
The Hon L H Davis MLC

The Hon M J Elliott Lawson MLC
The Hon T G Roberts MLC
The Hon R K Sneath MLC

Reported 3 October 2001

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

Reported 27 November 2001

 

 

 


LIST OF BILLS CONSIDERED BY
LEGISLATIVE COUNCIL

___________

 

TOTAL NUMBER OF BILLS CONSIDERED BY LEGISLATIVE COUNCIL

     
 

Legislative Council origin

93

 

House of Assembly origin

50

 

Bills restored in Legislative Council -

 
   

Legislative Council origin:

 
     

Casino (Miscellaneous) Amendment Bill
Controlled Substances (Drug Offence Diversion) Amendment Bill
Development (System Improvement Program) Amendment Bill
Gambling Industry Regulation Bill
Listening Devices (Miscellaneous) Amendment Bill
Native Title (South Australia) (Validation and Confirmation) Amendment Bill

1
1
1
1
1

1

 
   

House of Assembly origin:

 
     

Nuclear Waste Storage Facility (Prohibition No. 2) Bill
Prostitution (Regulation) Bill

1
1


8

 

Bills divided in Legislative Council -

 
     

Classification (Publications, Films and Computer Games) (Miscellaneous) Amendment Bill
Criminal Law Consolidation (Offences of Dishonesty) Amendment Bill


1
1



2

         

153

 

TOTAL NUMBER OF BILLS PASSED BY BOTH HOUSES

       
 

Legislative Council origin

56

 
 

House of Assembly origin

40

 
 

Bills restored in Legislative Council:

   
   

Legislative Council origin
House of Assembly origin

4
1

 
 

Bills divided in Legislative Council:

   
   

Classification (Publications, Films and Computer Games) (Miscellaneous) Amendment Bill (No. 1)


1


102

 

BILLS CONSIDERED BY COUNCIL WHICH HAVE NOT PASSED BOTH HOUSES

   
 

Legislative Council origin:

 

Casino (Miscellaneous) Amendment - lapsed in House of Assembly.
Constitution (Parliamentary Sittings) Amendment - negatived in Council.
Conveyancers (Registration) Amendment - lapsed in Council.
Co-operatives (Miscellaneous) Amendment - lapsed in Council.
Coroners - lapsed in House of Assembly.
Criminal Law Consolidation (Territorial Application of the Criminal Law) Amendment - lapsed in Council.
Development (Adult Book/Sex Shops) Amendment - lapsed in House of Assembly.
Dignity in Dying - lapsed in Council.
Electoral (Miscellaneous) Amendment - lapsed in House of Assembly.
Electoral (Voting Age) Amendment - withdrawn in Council.
Environment Protection (Miscellaneous) Amendment - lapsed in Council.
Equal Opportunity (Miscellaneous) Amendment - lapsed in Council.
Evidence (Protected Material in Sexual Cases) Amendment - lapsed in Council.
Fair Trading (Pyramid Selling and Defences) Amendment - lapsed in House of Assembly.
Freedom of Information - negatived in Council.
Freedom of Information - lapsed in Council.
Gambling Impact Authority - lapsed in Council.
Gambling Industry Regulation - lapsed in Council.
Genetically Modified Material (Temporary Prohibition) - lapsed in House of Assembly.
Government Advertising (Objectivity, Fairness and Accountability) - lapsed in Council.
Law Reform (Delay in Resolution of Personal Injury Claims) - lapsed in House of Assembly.
Legal Practitioners (Miscellaneous) Amendment - lapsed in Council.
Legal Services Commission (Miscellaneous) Amendment - lapsed in House of Assembly.
Liquor Licensing (Reviews, Appeals and Noise Complaints) Amendment - lapsed in House of Assembly.
Members of Parliament (Register of Interests) (Returns) Amendment - lapsed in Council.
Nuclear Waste Storage Facility (Prohibition) (Definition of Nuclear Waste) Amendment - lapsed in Council.
Occupational Health, Safety and Welfare (Penalties) Amendment - withdrawn in Council.
Parliamentary Superannuation (Preservation of Pensions) Amendment - lapsed in Council.
Prices (Prohibition on Return of Unsold Bread) Amendment - lapsed in Council.
Racing (TAB) Amendment - lapsed in Council.
Referendum (Gaming Machines) - negatived in Council.
Retail and Commercial Leases (Casual Leases) Amendment - lapsed in Council.
Road Traffic (Ticket Vending Machines) Amendment - withdrawn in Council.
Statutes Amendment (Attorney-General’s Portfolio) - lapsed in House of Assembly.
Statutes Amendment (Public Trustee) - lapsed in Council.
Statutes Amendment (Road Safety Initiatives) - lapsed in House of Assembly.
Statutes Amendment (Transport Portfolio No. 2) - lapsed in Council.
Statutes Amendment and Repeal (Starr-Bowkett Societies) - lapsed in Council.
Workers Rehabilitation and Compensation (Directions Officers) Amendment - lapsed in Council.

 

Divided Bills:

 

Classification (Publications, Films and Computer Games) (On-line Services) Amendment (No. 2) - lapsed in House of Assembly.
Criminal Law Consolidation (Offences of Dishonesty) Amendment (No. 1) - lapsed in House of Assembly.
Criminal Law Consolidation (Payola) Amendment (No. 2) - lapsed in Council.

 

House of Assembly origin:

 

Correctional Services (Miscellaneous) Amendment - lapsed in Council.
Controlled Substances (Cannabis) Amendment - lapsed in Council.
Gaming Machines (Cap on Gaming Machines) Amendment - withdrawn in Council.
Gaming Machines (Freeze on Gaming Machines) Amendment - withdrawn in Council.
Medical Practice - lapsed in Council.
Native Vegetation (Miscellaneous) Controlled Substances (Cannabis) Amendment - lapsed in Council.
Prostitution (Regulation) - negatived in Council.
Statutes Amendment (Local Government) - lapsed in House of Assembly.
Summary Offences (Piercing of Children) Amendment - lapsed in Council.
Training and Development Skills - lapsed in Council.
Workers Rehabilitation and Compensation (Miscellaneous) Amendment - lapsed in Council.

 

 


SITTINGS OF COUNCIL
___________

 

The Council met on 69 days and sat for a total number of 518 hours 9 minutes.

 

 


LIST OF BILLS WHICH PASSED BOTH
HOUSES OF PARLIAMENT

___________

 

ORIGINATED IN THE LEGISLATIVE COUNCIL

 

Bill No.

Act No.

Adelaide Cemeteries Authority

15, 15A

25 of 2001

Adelaide Festival Centre Trust (Composition of Trust) Amendment

9

71 of 2000

Associations Incorporation (Oppressive or Unreasonable Acts) Amendment

3

65 of 2000

Classification (Publications, Films and Computer Games) (Miscellaneous) Amendment

36, 36A

29 of 2001

Classification (Publications, Films and Computer Games) (Miscellaneous No. 2) Amendment

122

60 of 2001

Community Titles (Miscellaneous) Amendment

35, 35A

8 of 2001

Construction Industry Long Service Leave (Miscellaneous) Amendment

37

83 of 2000

Co-operative Schemes (Administrative Actions)

103

30 of 2001

Corporations (Administrative Actions)

90

19 of 2001

Corporations (Ancillary Provisions)

89

20 of 2001

Corporations (Commonwealth Powers)

88

21 of 2001

Criminal Law (Legal Representation)

79

36 of 2001

Criminal Law (Sentencing) (Sentencing Procedures) Amendment

104

37 of 2001

Electronic Transactions

4

72 of 2000

Essential Services (Miscellaneous) Amendment

47

4 of 2001

Expiation of Offences (Trifling Offences) Amendment

68

11 of 2001

Explosives (Miscellaneous)

93, 93A

31 of 2001

First Home Owner Grant (New Zealand Citizens) Amendment

30

64 of 2000

Free Presbyterian Church (Vesting of Property)

76

45 of 2001

Freedom of Information (Miscellaneous) Amendment

114, 114A

61 of 2001

Gaming Machines (Freeze on Gaming Machines) Amendment

51, 51A

85 of 2000

Graffiti Control

80, 80A

46 of 2001

Hairdressers (Miscellaneous) Amendment

6

1 of 2001

Harbors and Navigation (Miscellaneous) Amendment

12

79 of 2000

Land Acquisition (Native Title) Amendment

78, 78A

53 of 2001

Land Agents (Registration) Amendment

7

32 of 2001

Law Reform (Contributory Negligence and Apportionment of Liability)

92, 92A

41 of 2001

Legal Assistance (Restrained Property) Amendment

52, 52A

10 of 2001

Legal Practitioners (Miscellaneous) Amendment

5

70 of 2000

Local Government (Consultation on Rating Policies) Amendment

143

67 of 2001

Occupational Health, Safety and Welfare (Penalties) Amendment

29, 29A

86 of 2000

Protection of Marine Waters (Prevention of Pollution from Ships) (Miscellaneous) Amendment

82, 82A

33 of 2001

Retail and Commercial Leases (Casual Mall Licences) Amendment

140

63 of 2001

Retail and Commercial Leases (GST) Amendment

18, 18A

43 of 2001

Retirement Villages (Miscellaneous)

127, 127A

59 of 2001

Road Traffic (Alcohol Interlock Scheme) Amendment

11, 11A

91 of 2000

Shop Theft (Alternative Enforcement)

28

73 of 2000

Shop Trading Hours (Glenelg Tourist Precinct) Amendment

43

77 of 2000

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

10

69 of 2000

Southern State Superannuation (Invalidity/Death Insurance) Amendment

108

39 of 2001

State Disaster (State Disaster Committee) Amendment

46

6 of 2001

State Supply (Miscellaneous) Amendment

138

68 of 2001

Statutes Amendment (Consumer Affairs)

98

47 of 2001

Statutes Amendment (Corporations)

91

23 of 2001

Statutes Amendment (Courts and Judicial Administration)

136, 136A

69 of 2001

Statutes Amendment (Dust-Related Conditions)

20, 20A

49 of 2001

Statutes Amendment (Federal Courts-State Jurisdiction)

31

74 of 2000

Statutes Amendment (Indexation of Superannuation Pensions)

109

40 of 2001

Statutes Amendment (Mobil Oil Refineries)

133

70 of 2001

Statutes Amendment (Stalking)

115, 115A

55 of 2001

Statutes Amendment (Transport Portfolio)

13

76 of 2000

Statutes Amendment (Transport Portfolio)

66

17 of 2001

Trade Measurement (Miscellaneous) Amendment

112

48 of 2001

Unclaimed Superannuation Benefits (Miscellaneous) Amendment

123

56 of 2001

Victims of Crime

85, 85A

58 of 2001

West Beach Recreation Reserve (Review) Amendment

107, 107A

52 of 2001

Youth Court (Judicial Tenure) Amendment

58

14 of 2001

 

ORIGINATED IN THE HOUSE OF ASSEMBLY

 

Bill No.

Act No.

Alice Springs to Darwin Railway (Financial Commitment) Amendment

72

3 of 2001

Appropriation

110

28 of 2001

Aquaculture

147, 147A

66 of 2001

Authorised Betting Operations

53, 53A

95 of 2000

Barley Marketing (Miscellaneous) Amendment

40

67 of 2000

Constitution (Parliamentary Terms) Amendment

83, 83A

50 of 2001

Construction Industry Training Fund (Miscellaneous) Amendment

32

75 of 2000

Country Fires (Incident Control) Amendment

54, 54A

89 of 2000

Dental Practice

61, 61A

24 of 2001

Education (Councils and Charges) Amendment

48, 48A

92 of 2000

Electrical Products

33

78 of 2000

First Home Owner Grant (New Homes) Amendment

100

26 of 2001

Fisheries (Southern Zone Rock Lobster Fishery Rationalization) Act Repeal

60

5 of 2001

Food

105, 105A

44 of 2001

Gene Technology

139

62 of 2001

Harbors and Navigation (Control of Harbors) Amendment

39

81 of 2000

Hindmarsh Soccer Stadium (Auditor-General's Report)

120, 120A

38 of 2001

Lake Eyre Basin (Intergovernmental Agreement)

67

9 of 2001

Maritime Services (Access)

38

82 of 2000

Netherby Kindergarten (Variation of Waite Trust) Act Repeal

44

2 of 2001

Police Superannuation (Miscellaneous) Amendment

73

12 of 2001

Racing (Proprietary Business Licensing)

45, 45A

90 of 2000

Racing (Transitional Provisions) Amendment

42

66 of 2000

Rail Transport Facilitation Fund

130

54 of 2001

Real Property (Fees) Amendment

95

22 of 2001

Sandalwood Act Repeal

62

7 of 2001

Software Centre Inquiry (Powers and Immunities)

74, 74A

13 of 2001

South Australian Co-operative and Community Housing (Associated Land Owners) Amendment

87

34 of 2001

South Australian Ports (Disposal of Maritime Assets)

41, 41A

93 of 2000

Stamp Duties (Land Rich Entities and Redemption) Amendment

55, 55A

80 of 2000

Statutes Amendment (Avoidance of Duplication of Environmental Procedures)

63

16 of 2001

Statutes Amendment (Bookmakers)

145

64 of 2001

Statutes Amendment (Gambling Regulation No. 1)

86, 86A

18 of 2001

Statutes Amendment (Governor’s Remuneration)

124, 124A

51 of 2001

Statutes Amendment (Taxation Measures)

99

27 of 2001

Supply

94

35 of 2001

TAB (Disposal)

49, 49A

94 of 2000

Volunteers Protection

141

65 of 2001

Water Resources (Reservation of Water) Amendment

101, 101A

42 of 2001

Waterworks (Commercial Land Rating) Amendment

125

57 of 2001

 

RESTORED BILLS – In the Legislative Council

 

Bill No.

Act No.

Originated in the Legislative Council:

   

Controlled Substances (Drug Offence Diversion) Amendment

2, 2A

87 of 2000

Development (System Improvement Program) Amendment

14, 14A

88 of 2000

Listening Devices (Miscellaneous) Amendment

27, 27A

15 of 2001

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

1, 1A

84 of 2000

     

Originated in the House of Assembly:

   

Nuclear Waste Storage Facility (Prohibition No. 2)

17

68 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

Adelaide Cemeteries Authority

12

4

4

-

-

-

-

Casino (Miscellaneous) Amendment

10

-

-

-

-

 

-

Classification (Publications, Films and Computer Games) (On-Line Services) Amendment

1

 

-

-

-

-

-

Classification (Publications, Films and Computer Games) (Miscellaneous) Amendment

3

         

Lapsed in
HA

Community Titles (Miscellaneous) Amendment

1

1

1

-

-

-

-

Controlled Substances (Drug Offence Diversion) Amendment

10

1

1

1

1

1

1

Coroners

8

         

Lapsed in
HA

Criminal Law (Legal Representation)

-

1

1

-

-

-

-

Criminal Law (Sentencing) (Sentencing Procedures) Amendment

-

3

3

-

-

-

-

Criminal Law Consolidation (Offences of Dishonesty) Amendment

8

         

Lapsed in
HA

Development (Adult Book/Sex Shops) Amendment

2

         

Lapsed in
HA

Development (System Improvement Program) Amendment

13

1

1

-

-

-

-

Electoral (Miscellaneous) Amendment

24

         

Lapsed in
HA

Explosives (Miscellaneous) Amendment

1

-

-

-

-

-

-

Fair Trading (Pyramid Selling and Defences) Amendment

3

         

Lapsed in
HA

Free Presbyterian Church (Vesting of Property)

-

1

1

-

-

-

-

Freedom of Information (Miscellaneous) Amendment

4

-

-

-

-

-

-

Gaming Machines (Freeze on Gaming Machines) Amendment

4

-

-

-

-

-

-

Genetically Modified Material (Temporary Prohibition)

3

   

-

   

Lapsed in
HA

Graffiti Control

4

7

7

-

-

-

-

Land Acquisition (Native Title) Amendment

13

-

-

-

-

-

-

Law Reform (Contributory Negligence and Apportionment of Liability)

12

-

-

-

-

-

-

Law Reform (Delay in Resolution of Personal Injury Claims)

6

         

Lapsed in
HA

Legal Assistance (Restrained Property) Amendment

3

-

-

-

-

-

-

Liquor Licensing (Reviews, Appeals and Noise Complaints) Amendment

7

         

Lapsed in
HA

Listening Devices (Miscellaneous) Amendment

4

-

-

-

-

-

-

Local Government (Consultation on Rating Policies) Amendment

1

-

-

-

-

-

-

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

2

2

2

-

-

-

-

Occupational Health Safety and Welfare (Penalties) Amendment

2

-

-

-

-

-

-

Protection of Marine Waters (Prevention of Pollution from Ships) (Miscellaneous) Amendment

1

-

-

-

-

-

-

Retail and Commercial Leases (Miscellaneous) Amendment

7

-

-

-

-

-

-

Retirement Villages (Miscellaneous) Amendment

2

1

1

-

-

-

-

Road Traffic (Alcohol Interlock Scheme) Amendment

1

-

-

-

-

-

-

South Australian Country Arts Trust (Appointment to the Trust and Boards) Amendment

-

2

2

-

-

-

-

Statutes Amendment (Attorney-General’s Portfolio)

2

         

Lapsed in
HA

Statutes Amendment (Courts and Judicial Administration)

5

-

-

-

-

-

-

Statutes Amendment (Mobil Oil Refineries)

-

1

1

-

-

-

-

Statutes Amendment (Road Safety Initiatives)

4

         

Lapsed in
HA

Statutes Amendment (Stalking)

3

-

-

-

-

-

-

Statutes Amendment (Transport Portfolio)

-

5

5

-

-

-

-

Survival of Causes of Action (Dust-Related Conditions) Amendment

7

1

1

-

-

-

-

Unclaimed Superannuation Benefits (Miscellaneous) Amendment

-

1

1

-

-

-

-

Victims of Crime

6

4

3

1

1 alternative
amendment made
by LC and
agreed to by HA

-

-

West Beach Recreation Reserve (Review) Amendment

10

-

-

-

-

-

-

 

 


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

Aquaculture

2

2

-

-

-

-

Authorised Betting Operations

2

1

1

1

-

-

Constitution (Parliamentary Terms) Amendment

4

4

-

-

-

-

Country Fires (Incident Control) Amendment

2

2

-

-

-

-

Dental Practice

91

91

-

-

-

-

Education (Councils and Charges) Amendment

2

2

-

-

-

 

Food

7

5

2

2

-

-

Hindmarsh Soccer Stadium (Auditor-General’s Report)

1

1

-

-

-

-

Racing (Proprietary Business Licensing)

12

11

1 alternative
amendment
agreed to by LC

1

-

-

Software Centre Inquiry (Powers and Immunities)

2

2

-

-

-

-

South Australian Ports (Disposal of Maritime Assets)

4 and
1 suggested

4 and
1 suggested

       

Stamp Duties (Land Rich Entities and Redemption) Amendment

1 suggested

1 suggested

-

-

-

-

Statutes Amendment (Gambling Regulation No. 1)

22

21
1
with amend-
ment agreed
to by LC

-

-

-

-

Statutes Amendment (Governor’s Remuneration)

1 suggested

1 suggested

-

-

-

-

Statutes Amendment (Local Government)

6

       

Lapsed in
HA

TAB (Disposal)

2 and
3 suggested

1
1 with amend-
ment agreed
to by LC
3 suggested

-

-

-

-

Water Resources (Reservation of Water) Amendment

4

4

-

-

-

-

 

 


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 C V Schaefer, 5 October 2000.
Seconded by The Hon L H Davis, 5 October 2000.
Adopted and presented to His Excellency The Governor on 14 November 2000.

 

CONDOLENCE MOTIONS -

 

Death of Sir Mark Oliphant, AC, KBE, FRS, FAA, former Governor of South Australia -

   

Motion of regret moved by the Treasurer and carried in silence, 4 October 2000.

 

Death of The Hon D O Tonkin, AO, MBBS (Adel), DO, RCPS -

   

Motion of regret moved by the Treasurer and carried in silence, 4 October 2000.

 

Death of The Hon G T Virgo, AM -

   

Motion of regret moved by the Treasurer and carried in silence, 13 March 2001.

 

Death of The Hon J E McLeay -

   

Motion of regret moved by the Treasurer and carried in silence, 13 March 2001.

 

Death of The Hon GRA Langley -

   

Motion of regret moved by the Treasurer and carried in silence, 15 May 2001.

 

Death of Mr A R Burdon -

   

Motion of regret moved by the Treasurer and carried in silence, 3 July 2001.

 

Death of Mr G Whitten -

   

Motion of regret moved by the Treasurer and carried in silence, 3 July 2001.

 

United States Terrorist Attacks -

   

Motion of deepest horror and regret moved by the Treasurer and carried in silence, 25 September 2001.

 

GOVERNMENT MOTIONS -

 

Auditor-General’s Report, 1999-2000 - Noting of -

   

Moved by the Treasurer, 25 October 2000, and agreed to, 26 September 2001.

 

Joint Parliamentary Service Committee -

   

Appointment of the Hon C Zollo vide Hon G Weatherill, resigned, 4 October 2000.

 

Naracoorte Caves Conservation Park – Proclamation by HE The Governor -

   

Moved by the Minister for Transport and Urban Planning, 29 November 2000, and agreed to, 30 November 2000.

 

Sessional Order – Citizens’ Right of Reply -

   

Moved by the Attorney-General, 15 March 2001, and agreed to, 3 April 2001.

 

SELECT COMMITTEES - COUNCIL -

 

Adelaide Cemeteries Authority Bill 2000 -

   

President ruled Bill as Hybrid Bill which must be referred to Select Committee.

   

Appointed, 12 October 2001.

   

Report brought up, 15 May 2001.

 

Classification (Publications, Films and Computer Games) (Miscellaneous) Amendment Bill (No. 2) 2001 -

   

Appointed, 16 June 2001.

   

Extension of time for bringing up Report - moved by the Attorney-General, and agreed to, 26 July 2001, 25 September 2001.

   

Report brought up, 30 October 2001.

 

Free Presbyterian Church (Vesting of Property) Bill 2001 -

   

President ruled Bill as Hybrid Bill which must be referred to Select Committee.

   

Appointed, 11 April 2001.

   

Report brought up, 3 July 2001.

 

Future of the Queen Elizabeth Hospital -

   

Power to sit during the present Session - moved by the Hon J F Stefani, and agreed to, 4 October 2000.

   

Substitution, by motion, of Member of Select Committee - moved by the Attorney-General and agreed to, 4 October 2000.

   

Extension of time for bringing up Report - moved by The Hon J F Stefani, and agreed to, 29 November 2000, 14 March 2001, 26 July 2001, 25 September 2001, 28 November 2001.

   

Interim Report brought up, 25 July 2001.

   

Interim Report - noting of, 26 September 2001, and agreed to, 31 October 2001.

 

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, 4 October 2000.

   

Interim Report brought up, 4 October 2000.

   

Substitution, by motion, of Member of Select Committee - moved by the Attorney-General and agreed to, 4 October 2000.

   

Interim Report - noting of, 11 October 2000, and agreed to, 29 November 2000.

   

Extension of time for bringing up Report - moved by the Treasurer, and agreed to, 29 November 2000, 14 March 2001, 26 July 2001, 26 September 2001, 28 November 2001.

 

Netherby Kindergarten (Variation of Waite Trust) Act Repeal Bill 2000 -

   

President ruled Bill as Hybrid Bill which must be referred to Select Committee.

   

Appointed, 6 December 2000.

   

Report brought up, 13 March 2001.

 

Outsourcing of State Government Services -

   

Power to sit during the present Session - moved by the Minister for Disability Services, and agreed to, 4 October 2000.

   

Extension of time for bringing up Report - moved by the Minister for Disability Services, and agreed to, 29 November 2000, 14 March 2001, 26 July 2001, 26 September 2001, 28 November 2001.

 

West Beach Recreation Reserve (Review) Amendment Bill 2001 -

   

President ruled Bill as Hybrid Bill which must be referred to Select Committee.

   

Appointed, 6 July 2001.

   

Rescission of earlier Resolution and extension of time for bringing up Report - moved by the Treasurer, and agreed to, 26 July 2001, 25 September 2001.

   

Report brought up, 3 October 2001.

 

Wild Dog Issues in the State of South Australia -

   

Power to sit during the recess - moved by The Hon A J Redford, and agreed to, 4 October 2000.

   

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

   

Extension of time for bringing up Report - moved by The Hon A J Redford, and agreed to, 14 March 2001, 26 July 2001, 26 September 2001.

   

Final Report brought up, 27 November 2001.

   

Final Report - noting of and agreed to, 28 November 2001.

 

COMMITTEES - JOINT -

 

Impact of Dairy Deregulation on the Industry in South Australia -

   

Moved by The Hon I Gilfillan, 4 April 2001, amendment moved by The Hon T Crothers, 11 April, 2001, amendment of The Hon T Crothers disagreed to, motion agreed to, Message No. 79 to House of Assembly, 4 July 2001.

   

Message No. 92 from House of Assembly concurring with Resolution, 26 July 2001.

   

Appointment of Council Members - moved by The Hon I Gilfillan and agreed to, 26 July 2001.

   

Motion to present Report when both Houses not sitting - moved by The Hon I Gilfillan, and agreed to, Message No. 130 to House of Assembly, 14 November, 2001.

   

Message No. 132 from House of Assembly concurring with Resolution, 29 November 2001.

 

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

   

Power to sit during the present Session - moved by the Treasurer, and agreed to, 4 October 2000.

 

Transport Safety -

   

Power to sit during the present Session - moved by The Hon A J Redford, and agreed to, 4 October 2000.

   

Motion for Instruction to amend Terms of Reference - moved by the Minister for Transport and Urban Planning, amendment moved by The Hon S M Kanck, amendment agreed to and motion, as amended, agreed to, Message No. 73 to House of Assembly, 6 June 2001.

   

Message No. 84 from House of Assembly concurring with Resolution, 4 July 2001.

   

Motion to present Report when both Houses not sitting - moved by The Hon A J Redford, and agreed to, Message No. 142 to House of Assembly, 28 November 2001.

   

Message No. 136 from House of Assembly concurring with Resolution, 29 November 2001.

 

URGENCY MOTION -

 

Censuring of Treasurer re ElectricityUtilities -

   

Moved by The Hon P Holloway - debated and motion, by leave, withdrawn, 2 May 2001.

 

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

 

Moved by Member on own behalf -

   

Botanic Gardens and State Herbarium Act - Admission Charges -
Moved by The Hon I Gilfillan, 16 November 2000, and disagreed to, 29 November 2000.

   

Controlled Substances Act - Expiation of Offences -
Moved by The Hon M J Elliott, 11 October 2000. (Motion lapsed due to Prorogation.)

   

Lottery and Gaming Act - Interpretation Variation -
Moved by The Hon N Xenophon, 16 November 2000, and disagreed to, 25 July 2001.

 

Moved by Member on behalf of Legislative Review Committee -

   

Corporation of the City of Onkaparinga - By-law No. 1 - Local Government Land -
Moved by The Hon A J Redford, and agreed to, 16 May 2001.

   

Corporation of the City of Onkaparinga - By-law No. 2 - Roads -
Moved by The Hon A J Redford, and agreed to, 16 May 2001.

   

Corporation of the City of Onkaparinga - By-law No. 3 - Domestic Waste -
Moved by The Hon A J Redford, and agreed to, 16 May 2001.

   

Corporation of the City of Onkaparinga - By-law No. 4 - Bridges and Jetties -
Moved by The Hon A J Redford, and agreed to, 16 May 2001.

   

Corporation of the City of Onkaparinga - By-law No. 5 - Moveable Signs -
Moved by The Hon A J Redford, and agreed to, 16 May 2001.

   

Corporation of the City of Onkaparinga - By-law No. 6 - Boat Ramp -
Moved by The Hon A J Redford, and agreed to, 16 May 2001.

   

Corporation of the City of Onkaparinga - By-law No. 7 - Permits and Penalties -
Moved by The Hon A J Redford, and agreed to, 16 May 2001.

   

Corporation of the City of Onkaparinga - By-law No. 10 - STED Schemes -
Moved by The Hon A J Redford, and agreed to, 16 May 2001.

   

Corporation of the City of Onkaparinga - By-law No. 11 - Beach and Foreshore -
Moved by The Hon A J Redford, and agreed to, 16 May 2001.

   

Corporation of the City of West Torrens - By-law No. 1 - Permits and Penalties -
Moved by The Hon A J Redford, and agreed to, 16 May 2001.

   

Corporation of the City of West Torrens - By-law No. 2 - Moveable Signs -
Moved by The Hon A J Redford, and agreed to, 16 May 2001.

   

Corporation of the City of West Torrens - By-law No. 3 - Local Government Land -
Moved by The Hon A J Redford, and agreed to, 16 May 2001.

   

Corporation of the City of West Torrens - By-law No. 4 - Roads -
Moved by The Hon A J Redford, and agreed to, 16 May 2001.

   

Corporation of the City of West Torrens - By-law No. 5 - Dogs -
Moved by The Hon A J Redford, and agreed to, 16 May 2001.

   

District Council of Loxton Waikerie - By-law No. 7 - Moveable Signs -
Moved by The Hon A J Redford, and agreed to, 17 May 2001.

   

District Council of Mallala - By-law No. 5 - Spraying and Dusting of Land -
Moved by The Hon A J Redford, and agreed to, 28 November 2001.

   

Fisheries Act - River Murray - Taking Native Fish -
Motion - That this Order of the Day be discharged - moved by The Hon A J Redford, and agreed to, 25 July 2001.

   

Regional Council of Light - By-law No. 3 - Streets and Roads -
Moved by The Hon A J Redford, and by leave, withdrawn, 28 November 2001.

   

Water Resources Act - Holding Allocation Exemption -
Motion - That this Order of the Day be discharged - moved by The Hon A J Redford, and agreed to, 28 March 2001.

 

PRIVATE MEMBERS' MOTIONS -

 

ABC’s Four Corners Report entitled "Expert Witness", matters and allegations raised -

   

Moved by The Hon N Xenophon, 31 October 2001. (Motion lapsed due to Prorogation.)

 

Attitude of ALP and Australian Democrats -

   

Moved by The Hon L H Davis, 28 November 2001. (Motion lapsed due to Prorogation.)

 

Auditor-General -

   

Moved by The Hon P Holloway, 31 October 2001. (Motion lapsed due to Prorogation.)

 

Auditor-General, Information from - Motion re -

   

Moved by The Hon T. G. Cameron, 14 November 2001, and agreed to, 28 November 2001.

 

Auditor-General, Supplementary Report of, 1999-2000, on Electricity Businesses Disposal Process in South Australia: Engagement of Advisers: Some Audit Observations - noting of -

   

Moved by The Hon P Holloway, 6 December 2000, and agreed to, 3 October 2001.

 

Benlate, Horticulturalists’ Crops damaged by - State Government to provide assistance

   

Moved by The Hon M J Elliott, 30 May 2001, amendment moved by The Hon T G Roberts, 4 July 2001, amendment agreed to, motion as amended agreed to, 31 October 2001.

 

Broadcasting, Role and Adequacy of Government-funded National

   

Moved by The Hon N Xenophon, 11 April 2001, amendment moved by the Minister for Transport and Urban Planning, 3 May 2001, amendment moved by The Hon S M Kanck, 6 June 2001, amendment of Minister for Transport and Urban Planning agreed to, motion as amended, agreed to, 25 July 2001.

 

Caffeinated Drinks -

   

Moved by The Hon M J Elliott, 4 April 2001, amendment moved by The Hon C Zollo, 30 May 2001, amendment of The Hon C Zollo agreed to, motion, as amended, agreed to, 4 July 2001.

 

Demolition of Historic Wall in Union Street and Grenfell Street -

   

Moved by The Hon M J Elliott, 6 December 2000, Order of the Day discharged, 14 March 2001.

 

Electricity Supply, Creation of Special Ministry for -

   

Moved by The Hon S M Kanck, 28 March 2001, amendment moved by The Hon R R Roberts, 11 April 2001, amendment of The Hon R R Roberts agreed to, motion as amended, disagreed to, 4 July 2001.

 

Environment, Resources and Development Committee - Annual Report, 1999-2000- Noting of -

   

Moved by The Hon JSL Dawkins, 8 November 2000, and agreed to, 29 November 2000.

 

Environment, Resources and Development Committee - Annual Report, 2000-2001 - Noting of -

   

Moved by The Hon JSL Dawkins, 24 October 2001, and agreed to, 31 October 2001.

 

Environment, Resources and Development Committee - Report on Ecotourism - Noting of -

   

Moved by The Hon JSL Dawkins, 26 September 2001, and agreed to, 3 October 2001.

 

Environment, Resources and Development Committee - Report on Native Fauna and Agriculture - Noting of -

   

Moved by The Hon JSL Dawkins, 29 November 2000, and agreed to, 6 December 2000.

 

Environment, Resources and Development Committee - Report on Urban Tree Protection - Noting of -

   

Moved by The Hon JSL Dawkins, 4 July 2001, and agreed to 25 July 2001.

 

First Software Centre Inquiry (Crammond Inquiry) - Report of Mr D Clayton QC into evidence given - noting of -

   

Moved by The Hon P Holloway, 24 October 2001. (Motion lapsed due to Prorogation.)

 

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

   

Moved by The Hon T G Cameron, 6 June 2001, and disagreed to, 14 November 2001.

 

HIH Insurance Group, collapse of - State Government to provide assistance -

   

Moved by The Hon M J Elliott, 30 May 2001, amendment moved by The Hon T G Roberts, 4 July 2001, amendment moved by Attorney-General, 31 October 2001. (Motion lapsed due to Prorogation.)

 

Legislative Review Committee - Report on the Allocation of Recreational Rock Lobster Pots - Noting of -

   

Moved by The Hon A J Redford, 28 March 2001, and agreed to, 25 July 2001.

 

Legislative Review Committee - Report on Freedom of Information Act - Noting of -

   

Moved by The Hon A J Redford, 25 October 2000 and agreed to, 29 November 2000.

 

Legislative Review Committee - To inquire into Operation of Section 69A of the Evidence Act 1929 -

   

Moved by The Hon N Xenophon, 14 March 2001 and agreed to, 11 April 2001.

 

Motorola - Report of Mr D Clayton QC into issues surrounding Mr JMA Crammond’s inquiry regarding Motorola to be published and distributed -

   

Moved by The Hon P Holloway, 25 July 2001, amendments moved by the Attorney-General, amendments agreed to, motion as amended, agreed to, 26 July 2001.

 

Motorola - Report of Mr D Clayton QC into issues surrounding Mr JMA Crammond’s inquiry regarding Motorola - Tabling and distribution -

   

Moved by The Hon P Holloway, amendment moved by the Attorney-General, amendment agreed to, motion as amended, agreed to, 3 October 2001.

 

Order to Table document -

   

Moved by The Hon R R Roberts, 24 October 2001, and disagreed to, 14 November 2001.

 

Partnerships 21 - Motion for Select Committee -

   

Moved by The Hon P Holloway, 11 October 2000, Order of the Day discharged, 14 March 2001.

 

Partnerships 21 - Motion for Select Committee -

   

Moved by The Hon M J Elliott, 11 October 2000. (Motion lapsed due to Prorogation.)

 

Social Development Committee - Report on the Inquiry into Biotechnology, Part I, Health - Noting of -

   

Moved by The Hon C V Schaefer, 3 October 2001, and agreed to, 28 November 2001.

 

Social Development Committee - Report on the Inquiry into Biotechnology, Part II, Food Production - Noting of -

   

Moved by The Hon C V Schaefer, 31 October 2001, and agreed to, 28 November 2001.

 

Social Development Committee - Report on the Inquiry into Rural Health - Noting of -

   

Moved by The Hon C V Schaefer, 11 October 2000, and agreed to, 8 November 2000.

 

Standing Orders Committee to examine number of Questions without Notice -

   

Moved by The Hon M J Elliott, 31 October 2001, amendment moved by the Treasurer, amendment agreed to, motion as amended agreed to, 14 November 2001.

 

Standing Orders Committee to prepare amendments to Standing Orders to provide for Estimates Committee  examination of Appropriation Bills -

   

Moved by The Hon M J Elliott, 6 June 2001. (Motion lapsed due to Prorogation.)

 

Statutory Authorities Review Committee - Report on an Inquiry into the Aboriginal Lands Trust, Coast Protection Board and Veterinary Surgeons Board - noting of -

   

Moved by The Hon L H Davis, 28 November 2001. (Motion lapsed due to Prorogation.)

 

Statutory Authorities Review Committee - Report on an Inquiry into Animal and Plant Control Boards and Soil Conservation Boards - noting of -

   

Moved by The Hon L H Davis, 11 April 2001, and agreed to, 2 May 2001.

 

Statutory Authorities Review Committee - Report on an Inquiry into the Commissioners of Charitable Funds - noting of -

   

Moved by The Hon L H Davis, 26 September, 2001, and agreed to, 24 October 2001.

 

Statutory Authorities Review Committee - Report on an Inquiry into the Operation of the South Australian Community Housing Authority - noting of -

   

Moved by The Hon L H Davis, and agreed to, 29 November 2000.

 

Statutory Authorities Review Committee - Report on an Inquiry into the Timeliness of 1999-2000 Annual Reporting by Statutory Bodies - noting of -

   

Moved by The Hon L H Davis, 26 September 2001, and agreed to, 3 October 2001.

 

Statutory Authorities Review Committee - Report, 1999-2000 - noting of -

   

Moved by The Hon L H Davis, 11 October 2000, and agreed to, 8 November 2000.

 

Statutory Authorities Review Committee - Report, 2000-2001 - noting of -

   

Moved by The Hon L H Davis, 24 October 2001, and agreed to, 31 October 2001.

 

Sydney Paralympic Games Success -

   

Moved by the Minister for Disability Services, 8 November 2000, and agreed to, 14 November 2000.

 

 


PETITIONS
___________

 

BUS SERVICES TO AREAS OF THE ADELAIDE HILLS

 

Praying that this Honourable House will extend the metropolitan bus fare structure to cover the Adelaide Hills, including Mount Barker, Nairne, Mylor, Echunga, Meadows and Macclesfield and do all in its power to increase public transport services to towns in the Adelaide Hills and urgently extend the Nightmoves bus service beyond Aldgate.

   

Presented by The Hon S M Kanck, 3 May 2001, 378 signatures.
Presented by The Hon S M Kanck, 5 July 2001, 25 signatures.

 

CITY OF ADELAIDE (ADELAIDE PARKLANDS) AMENDMENT BILL 2000

 

Praying that this Honourable House will protect the parklands by stopping the erection of buildings and other structures on the parklands by rejecting the City of Adelaide (Adelaide Parklands) Amendment Bill 2000.

   

Presented by The Hon I Gilfillan, 30 November 2000, 8 signatures.
Presented by The Hon I Gilfillan, 15 March 2001, 27 signatures.
Presented by The Hon C A Pickles, 5 April 2001, 3,501 signatures.
Presented by The Hon I Gilfillan, 3 May 2001, 21 signatures.
Presented by The Hon I Gilfillan, 7 June 2001, 12 signatures.

 

DEVELOPMENT PROPOSAL FOR TRANSPORT SA LAND IN DARLINGTON/SEACOMBE HEIGHTS

 

Praying that this Honourable House will request the Minister for Transport and Urban Planning not to approve the development of the land unless the safety concerns of residents are completely and definitely resolved.

   

Presented by The Hon C A Pickles, 29 November 2001, 198 signatures.

 

EAST END MARKET WALL

 

Praying that this Honourable House will urge the Minister for Urban Planning to immediately halt the demolition and urge the Minister for Heritage to heritage list and protect the wall.

   

Presented by The Hon M J Elliott, 6 December 2000, 31 signatures.

 

GENETICALLY MODIFIED ORGANISMS, USE OF

 

Praying that this Honourable House will do all in its power to impose a moratorium on the introduction of GMOs to the South Australian environment, therefore protecting the people of this State from the possible harmful effects such modifications may have in the long term.

   

Presented by The Hon I Gilfillan, 7 June 2001, 66 signatures.
Presented by The Hon S M Kanck, 5 July 2001, 220 signatures.
Presented by The Hon I Gilfillan, 4 October 2001, 35 signatures.

 

GLENELG CROQUET CLUB - PROPOSED DEMOLITION OF

 

Praying that this Honourable House will -

 

1.
2.

Pass a resolution condemning the proposal of the City of Holdfast Bay
Enact legislation to preserve the Glenelg Croquet Club at its current location.

   

Presented by The Hon N Xenophon, 15 March 2001, 245 signatures.

 

LABELLING OF GENETICALLY MODIFIED FOODS

 

Praying that this Council -

 

1.
2.
3.

legislate to require labelling of all foods with any genetically-modified component;
legislate to require adequate segregation of genetically-modified crops; and
urge the Commonwealth to prevent the introduction of any further genetically-modified foods into Australia until and unless the Commonwealth establishes an independent monitoring and testing regime.

   

Presented by The I Gilfillan, 12 October 2000, 136 signatures.
Presented by The I Gilfillan, 5 April 2001, 165 signatures.
Presented by The S M Kanck, 3 May 2001, 29 signatures.

 

MUSEUM FOR EXPLORATION, SURVEYING AND LAND HERITAGE WITHIN THE TREASURY BUILDING

 

Praying that this Honourable House will urge the Minister responsible for the Museum and the Treasury Building, and the Minister for Heritage responsible for volunteers, and the Minister for Tourism, to keep the Museum and its tours in tact, in situ and open to the public, and urge the Minister for Urban Planning to suspend development of the Treasury Building until public consultation has occurred.

   

Presented by The Hon M J Elliott, 7 December 2001, 61 signatures.

 

PROSTITUTION

 

Praying that this Honourable House will strengthen the present law and ban all prostitution-related advertising to enable Police to suppress the prostitution trade more effectively.

   

Presented by The Hon C V Schaefer, 5 October 2000, 583 signatures.
Presented by The Hon R R Roberts, 5 October 2000, 222 signatures.
Presented by The Hon L H Davis, 5 October 2000, 179 signatures.
Presented by The Hon JSL Dawkins, 5 October 2000, 143 signatures.
Presented by The Hon A J Redford, 5 October 2000, 28 signatures.
Presented by The Hon P Holloway, 12 October 2000, 400 signatures.
Presented by the Treasurer, 12 October 2000, 239 signatures.
Presented by the Minister for Disability Services, 12 October 2000, 190 signatures
Presented by The Hon C V Schaefer, 12 October 2000, 161 signatures.
Presented by The Hon C Zollo, 12 October 2000, 156 signatures.
Presented by The Hon T G Roberts, 12 October 2000, 18 signatures.
Presented by the Attorney-General, 26 October 2000, 173 signatures.
Presented by The Hon C V Schaefer, 26 October 2000, 161 signatures.
Presented by The Hon C Zollo, 26 October 2000, 112 signatures.
Presented by The Hon JSL Dawkins, 26 October 2000, 56 signatures.
Presented by The Hon P Holloway, 26 October 2000, 42 signatures.
Presented by the Minister for Disability Services, 26 October 2000, 18 signatures
Presented by The Hon N Xenophon, 9 November 2000, 363 signatures.
Presented by The Hon C V Schaefer, 9 November 2000, 345 signatures.
Presented by The Hon R R Roberts, 9 November 2000, 62 signatures.
Presented by The Hon L H Davis, 9 November 2000, 22 signatures.
Presented by The Hon C V Schaefer, 16 November 2000, 316 signatures.
Presented by the Minister for Disability Services, 16 November 2000, 20 signatures.
Presented by The Hon A J Redford, 16 November 2000, 17 signatures.
Presented by The Hon C Zollo, 30 November 2000, 483 signatures.
Presented by The Hon JSL Dawkins, 30 November 2000, 64 signatures.
Presented by The Hon C V Schaefer, 30 November 2000, 58 signatures.
Presented by The Hon A J Redford, 30 November 2000, 41 signatures
Presented by The Hon T G Cameron, 30 November 2000, 33 signatures.
Presented by The Hon M J Elliott, 30 November 2000, 29 signatures.
Presented by The Hon P Holloway, 30 November 2000, 25 signatures.
Presented by The Hon C V Schaefer, 6 December 2000, 19 signatures.
Presented by The Hon I Gilfillan, 6 December 2000, 42 signatures.
Presented by The Hon C V Schaefer, 15 March 2001, 69 signatures.
Presented by The Hon C V Schaefer, 29 March 2001, 376 signatures.
Presented by The Hon A J Redford, 29 March 2001, 230 signatures.
Presented by The Hon C Zollo, 3 May 2001, 18 signatures.
Presented by The Hon C V Schaefer, 3 May 2001, 44 signatures.
Presented by The Hon C V Schaefer, 31 May 2001, 50 signatures.

 

PROSTITUTION (REGULATION) BILL

 

Praying that this Honourable House will vote against the current Prostitution (Regulation) Bill thereby keeping such activity illegal.

   

Presented by The Hon C V Schaefer, 15 March 2001, 22 signatures.

 

RECONCILIATION FERRY PROPOSAL

 

Praying that this Honourable House will provide its full support to the ferry location proposal and prioritise the ferry service on its merits as a transport, tourism, reconciliation, regional development and employment project and call for the urgent support of the Premier requesting that he engage, as soon as possible, in discussions with the Ngarrindjeri community to see this exciting and creative initiative become reality.

   

Presented by The Hon S M Kanck, 7 June 2001, 30 signatures.
Presented by The Hon S M Kanck, 5 July 2001, 5 signatures.
Presented by The Hon S M Kanck, 4 October 2001, 355 signatures.
Presented by The Hon S M Kanck, 29 November 2001, 506 signatures.

 

SEX SHOP IN THE ELIZABETH SOUTH SHOPPING CENTRE COMPLEX, LOCATION OF

 

Praying that this Honourable House will pass legislation that prevents sex shops being within the 200 metres from schools, churches or hospitals.

   

Presented by The Hon T G Cameron, 5 April 2001, 212 signatures.

 

SHOP TRADING HOURS IN THE RENMARK PARINGA DISTRICT COUNCIL AREA

 

Praying that this Honourable House will urge the Minister for Government Enterprises to reject any application from Renmark Paringa District Council for the abolition of the proclaimed shopping district in Renmark Paringa District Council area.

   

Presented by The Hon I Gilfillan, 9 November 2000, 331 signatures.

 

TOTALIZATOR AGENCY BOARD AND LOTTERIES COMMISSION OF SOUTH AUSTRALIA

 

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

   

Presented by The Hon I Gilfillan, 16 November 2000, 1,699 signatures.

 

TRANSPORT AND STORAGE OF RADIOACTIVE WASTE IN SOUTH AUSTRALIA

 

Praying that this Honourable House 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 I Gilfillan, 6 December 2000, 25 signatures.
Presented by The Hon I Gilfillan, 9 November 2000, 170 signatures.
Presented by The Hon S M Kanck, 15 March 2001, 107 signatures.
Presented by The Hon S M Kanck, 3 May 2001, 23 signatures.
Presented by The Hon S M Kanck, 7 June 2001, 10 signatures.
Presented by The Hon S M Kanck, 5 July 2001, 14 signatures.

 

TRANSPORT NEEDS OF RESIDENTS OF THE ADELAIDE HILLS

 

Praying that this Honourable House will call on the Member for Kavel and the Minister for Transport to urgently address the needs of people living in the Adelaide Hills and provide them with new weekend bus services or taxi transfers from existing weekend services.

   

Presented by The Hon S M Kanck, 3 May 2001, 399 signatures.

 

VOLUNTARY EUTHANASIA

 

Praying that this Honourable House will reject euthanasia legislation in any form.

   

Presented by The Hon C V Schaefer, 29 March 2001, 357 signatures.

 

VOLUNTARY EUTHANASIA

 

Praying that this Honourable House -

 




reject euthanasia legislation in any form;
move to ensure that all medical staff in all hospitals receive proper training in palliative care; and
move to ensure adequate funding for palliative care for terminally ill patients.

   

Presented by The Hon C V Schaefer, 5 July 2001, 17 signatures.
Presented by The Hon C Zollo, 26 July 2001, 20 signatures.
Presented by The Hon JSL Dawkins, 25 October 2001, 86 signatures.
Presented by The Hon N Xenophon, 15 November 2001, 20 signatures.

 

WALLAROO MARINA PROJECT

 

Praying that this Honourable House will ensure that the relevant Government Departments, in their capacity as planning authorities for the Wallaroo Marina Project, protect the best interests of the residents, ensuring that the Wallaroo Marina Project proceeds to completion without impact on the residents’ health, the environment and the economy of the community.

   

Presented by The Hon C Zollo, 26 October 2000, 410 signatures.

 

 


SYNOPSIS OF LEGISLATION
___________

 

ADELAIDE CEMETERIES AUTHORITY BILL

 

The purpose of this Bill is to provide a consolidated legislative framework for the operations of the Enfield General Cemetery Trust, which will become the Adelaide Cemeteries Authority under the new legislation.

 

The Bill will ensure that the Authority continues to provide appropriate funeral and cemetery related services to the community and sets in place an appropriate commercial management structure.

   

(October 5, 12, May 15, 16 - Act No. 25 of 2001)

 

ADELAIDE FESTIVAL CENTRE TRUST (COMPOSITION OF TRUST) AMENDMENT BILL

 

The Adelaide Festival Centre Trust Act requires that there be a representative of the Adelaide Festival Board on the Trust among the total of eight trustees.

 

Since the creation of the Adelaide Festival Corporation in 1998, the Adelaide Festival Board no longer exists. Consequently, since that time, there has not been a representative of the Adelaide Festival Board on the Adelaide Festival Centre Trust.

 

Furthermore, were this representative position to continue, a member of the Trust representing the Adelaide Festival Corporation could be subject to a conflict of interest, due to the nature of the operation of the two organisations, and the degree of autonomy now existing.

 

The Bill amends section 6 of the Act to remove that representative position of the Adelaide Festival Centre Trust, while retaining the total number of trustees at eight.

 

The Bill also makes consequential amendments to the Act.

   

(October 5, 12, 24, November 30 - Act No. 71 of 2000)

 

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.

   

(October 5, 10, 11, 12, November 8 - Act No. 65 of 2000)

 

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.

   

(October 11, 26, November 9, 17, December 6, 8 - Lapsed due to Prorogation)

 

CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) (MISCELLANEOUS) AMENDMENT BILL

 

This Bill makes a number of changes to the Classification (Publications, Films and Computers Games) Act to improve its effectiveness, particularly in relation to enforcement of offences.

 

The Bill also provides for expiation of a number of the less grave classification offences. This measure is intended not to detract from the seriousness of these offences, but to improve the enforcement of the Act.

   

(November 8, December 6, May 30, June 5, 6, 7, 24 - Act No. 29 of 201)

 

CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) (MISCELLANEOUS NO. 2) AMENDMENT BILL

 

The purpose of this Bill is to make complementary amendments to the Classification (Publications, Films and Computer Games) Act necessitated by amendments to the Commonwealth Act of the same name. The Bill makes minor and chiefly technical amendments to the national co-operative scheme for the classification of publications, films and games.

 

The amendments arise from experience with the scheme over the last five years and either address minor defects in the Act or make improvements to its operation.

   

(September 26, November 13, 15, 29 - Act No. 60 of 2001)

 

CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) (ON-LINE SERVICES) AMENDMENT BILL

 

The purpose of this Bill is to add a new Part to the Classification (Publications, Films and Computer Games) Act dealing with internet content.

 

These provisions have been developed at the national level with the aim of making illegal on-line material which is illegal off-line.

   

(November 8, December 6, May 30, June 5, 6, November 1 - Lapsed due to Prorogation)

 

COMMUNITY TITLES (MISCELLANEOUS) AMENDMENT BILL

 

The purpose of this Bill is to make minor amendments to the Community Titles Act to facilitate the effective operation of the Act. Section 3 is amended to enable a licensed surveyor to validly certify a plan of community division even though he or she cannot be certain of the location of part of the service infrastructure. Section 23 is amended to provide for the vesting of lots on the division of a single allotment that is owned by more than one person. Section 36 is amended to make it clear that a developer may include a by-law for exclusive use of the common property in the initial by-laws. Section 58 is amended by inserting a new subsection that will provide for consolidation of the common property of a scheme into one title. Section 144 is amended to make it clear that the Registrar-General can look at more than formal matters when making a preliminary examination of a plan and may "approve" the plan in preparation for registration. The Bill also amends the schedule of provisional provisions.

   

(November 8, 13, 14, 15, April 4, 5 - Act No. 8 of 2001)

 

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.

   

(October 11, November 8, 29 - Negatived in Legislative Council)

 

CONSTRUCTION INDUSTRY LONG SERVICE LEAVE (MISCELLANEOUS) AMENDMENT BILL

 

The Construction Industry Long Service Leave Act provides a scheme to enable construction industry workers to become eligible for long service leave based on service to the industry rather than service to a single employer. The amendments in this Bill will make the Act more equitable and reinforce consistency with certain provisions of the Long Service Act 1987.

 

The key features of the amendments are -

 

1.


2.


3.


4.


5.

To remove the capacity for working directors to claim retrospective benefits and to provide benefits based on actual contributions to the construction industry long service leave fund (the fund).
Reducing the period of allowable absence from three years to two years for those workers with less than five years accrued service. This in effect reduces the long-term liability of the fund.
Previous long service leave payment recognition to be restricted to the period of service in the construction industry when making a pro rata payment to workers with less than seven years’ service entitlement.
Service recognition for an absence resulting from a work related injury be limited to two years and employer or WorkCover payments of income maintenance will not constitute remuneration paid to the construction worker for which a levy is payable.
To enable workers on allowable absences to be credited with the corresponding period of service.

   

(November 8, 29, December 8 - Act No. 83 of 2000)

 

CONTROLLED SUBSTANCES (DRUG OFFENCE DIVERSION) 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.

   

(October 5, November 14, 15, December 7 - Act No. 87 of 2000)

 

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.

   

(October 5, 12, November 7, 9 - Lapsed due to Prorogation)

 

CO-OPERATIVES (MISCELLANEOUS) AMENDMENT BILL

 

The purpose of this Bill is to retain the consistency of Co-operative legislation between South Australia and other jurisdictions. The Co-operatives Act provides for the incorporation and regulation of co-operatives and aims to promote co-operative principles of member ownership, control and economic participation. It also incorporates provisions that are consistent with the co-operatives legislation of other jurisdictions, to facilitate interstate trading and fundraising by co-operatives.

 

Following the commencement in 1997 of consistent co-operatives legislation in the eastern seaboard states and South Australia, Queensland initiated proposals for amendments that had been found necessary during the course of administering the legislation.

 

These amendments to the Queensland Co-operatives Act commenced in March 2000 and have been used as a model for the amendments to the South Australian Act.

   

(November 28 - Lapsed due to Prorogation)

 

CO-OPERATIVE SCHEMES (ADMINISTRATIVE ACTIONS) BILL

 

The object of this Bill is to dealt with doubts cast by the decision of the High Court in The Queen v Hughes which has cast doubt on the ability of Commonwealth authorities or officers to exercise powers and perform functions under State laws in relation to the following inter-governmental legislative schemes -

 

1.
2.
3.

the co-operative scheme for agricultural and veterinary chemicals; or
the co-operative scheme for the National Crime Authority; or
any other co-operative scheme to which the proposed Act is applied by proclamation.

 

This Bill ensures that functions or powers are not imposed on Commonwealth authorities and officers in connection with administrative actions under the schemes if their imposition would exceed the legislative powers of the State, and validates any such previous invalid administrative action.

   

(July 3, 6, 25 - Act No. 30 of 2001)

 

CORONERS BILL

 

The Bill sets out the administration of the coronial jurisdiction in South Australia. The position of State Coroner is retained. In keeping with established practices, all Magistrates are Deputy State Coroners. The Governor’s power to appoint other coroners is retained. The functions of the State Coroner are largely the same as under the current legislation with one important difference, that relating to the administration of the new Coroner’s Court.

 

The formal establishment of the Coroner’s Court as a court of record is consistent with the more recent reforms of the coronial jurisdictions of other states and territories.

 

The Bill also sets out the practice and procedure of the Coroner’s Court. These provisions are generally consistent with the provisions governing the practice and procedure of inquests conducted by coroners under the current legislation. The Court is, however, given greater flexibility to accept evidence from children under the age of 12, or from persons who are illiterate or who have intellectual disabilities.

   

(May 31, October 23, 24 , 25, 30 - Lapsed due to Prorogation)

 

CORPORATIONS (ADMINISTRATIVE ACTIONS) BILL

 

This Bill forms part of the same set of reforms as the Corporations (Commonwealth Powers) Bill 2001 and serves an ancillary purpose.

 

The Bill will ensure that the rights of all persons are as though administrative actions taken by the Commonwealth bodies had been validly taken.

 

The Bill also extends to actions taken by Commonwealth bodies under the Cooperative Scheme legislation that preceded the current Corporations law.

 

The Bill applies to any administrative action of an officer of the Commonwealth or a Commonwealth authority, taken under the corporations legislation, that might be invalid because the action was taken pursuant to a power or function which was conferred by a State Act, when the power or function could not have been conferred by a valid law of the Commonwealth. The Bill provides that those actions are taken to have the same force and effect as if they had been taken by a State authority or an officer of the State.

 

The Bill therefore overcomes any doubts about the validity of administrative actions by Commonwealth authorities or officers under the current and previous schemes. Other jurisdictions propose to introduce similar legislation to achieve a uniform effect.

 

The Bill preserves rights and liabilities potentially affected by invalid administrative actions, and specifically confirms the validity of the registration or incorporation of companies under the current and previous schemes.

   

(May 30, 31 - Act No. 19 of 2001)

 

CORPORATIONS (ANCILLARY PROVISIONS) BILL

 

The purpose of this Bill is to enact ancillary provisions, including transitional provisions, relating to the proposed new corporations legislation to be enacted by the Commonwealth Parliament following references of matters relating to corporations made by the States under section 51(xxxvii) of the Commonwealth Constitution.

 

The South Australian reference is made under the Corporations (Commonwealth Powers) Bill 2001. That measure refers to the Commonwealth Parliament certain matters relating to corporations, corporate regulation and financial products and services. The Commonwealth proposes to enact, under the powers conferred by these references and other powers available to it, a Corporations Act 2001 and an Australian Securities and Investments Commission Act 2001.

 

This Bill, together with the Corporations (Commonwealth Powers) Bill 2001, the Corporations (Administrative Arrangements) Bill 2001 and the Statutes Amendment (Corporations) Bill 2001, make up the legislative package needed in South Australia for the new corporations arrangements.

   

(May 29, 30, 31, June 6 - Act No. 20 of 2001)

 

CORPORATIONS (COMMONWEALTH POWERS) BILL

 

The purpose of this Bill is to refer certain matters relating to corporations and financial products and services to the Parliament of the Commonwealth for the purposes of section 51(xxxvii) of the Constitution of the Commonwealth.

 

The Bill enables the Commonwealth Parliament to enact as Commonwealth laws the proposed Corporations Bill 2001 and the Australian Securities and Investments Commission Bill 2001 in the form of the Bills that were tabled in the New South Wales Parliament on 7 March 2001. The Bill also enables the Commonwealth to amend the laws, or regulations made under them, in the future as long as the amendments are confined to the matters of corporate regulation, formation of corporations and the regulation of financial products and services, but only to the extent of making express amendments to the Bills referred to the Commonwealth Parliament.

 

The Bill provides that the Act is not intended to allow for laws to be made pursuant to the amendment reference for the sole or main underlying purpose or object of regulating industrial relations matters. This exclusion is to ensure that the Commonwealth cannot use the referred powers to legislate in the area of industrial relations or to override State laws dealing with industrial relations.

 

The Bill provides that the reference of powers is to terminate five years after the Commonwealth Corporations legislation commences, or at an earlier time by proclamation.

   

(May 29, 30, 31, June 6 - Act No. 21 of 2001)

 

CRIMINAL LAW (LEGAL REPRESENTATION) BILL

 

This Bill addresses the problem of serious criminal trials being stayed for want of legal representation. It enables all persons charged with serious crimes against State law to be represented and all such trials to proceed. It regularises the process by which the revenue may be called on to fund these maters, and it ensures that the aided person pays, to the full extent that he or she is able, for the cost of the case. It addresses, as far as possible, the hitherto difficult problem of the person who has structured his or her affairs so as to protect assets which ought rightly to be available to pay for legal representation.

   

(April 11, July 6, 26 - Act No. 36 of 2001)

 

CRIMINAL LAW (SENTENCING) (SENTENCING PROCEDURES) AMENDMENT BILL

 

The purpose of this Bill is to amend the provisions of the Criminal Law (Sentencing) Act 1988 dealing with sentencing procedures, and also to make consequential amendments to the Summary Procedure Act.

 

The Bill amends section 7A of the principal Act which deals with victim impact statements. A victim is entitled under this section to read the statement to the court. The amendment empowers the court to exercise any of the powers that it has to protect vulnerable witnesses to encourage or assist a victim in the exercise of this right.

 

The Bill also inserts a new section 9B which requires a defendant who is to be sentenced for an indictable offence to be present throughout the sentencing proceedings.

   

(July 3, 6, 25, 26 - Act No. 37 of 2001)

 

CRIMINAL LAW CONSOLIDATION (OFFENCES OF DISHONESTY) AMENDMENT BILL

 

The amendments made by this Bill are the result of a review of the criminal law in the area of criminal offences punishing dishonesty in its various forms. The Bill represents a major reform effort in a technical and complex area of the criminal law. A great deal of the workings of the criminal justice system are spent in the area of offences of dishonesty.

 

This Bill is an attempt to reform and codify the law on the subject, bring it up to date and provide a fair and reasonable offence structure.

   

(July 26, October 4, 23, 24, November 13 - Lapsed due to Prorogation)

 

CRIMINAL LAW CONSOLIDATION (PAYOLA) AMENDMENT BILL

 

This Bill introduces a new concept of an offence known as "payola". It is allied to secret commission. The principal difference between the two is that secret commissions concern the breach of a fiduciary relationship and payola does not. The essence of the offence of payola occurs when a person holds him/herself out to the public as an independent expert giving impartial advice on any subject when, in reality, the person has an undisclosed financial interest in giving the advice. The commission of the offence maybe avoided by appropriate disclosure of the financial interest.

   

(July 26, October 4, 23, 24, November 13 - Lapsed due to Prorogation)

 

CRIMINAL LAW CONSOLIDATION (TERRITORIAL APLICATION OF THE CRIMINAL LAW) AMENDMENT BILL

 

The purpose of this Bill is to address defects in section 5C of the Criminal Law Consolidation Act. This section provides that an offence against the law of South Australia is committed if all of the elements necessary to constitute the offence exist and a territorial nexus exists between South Australia and at least one element of the offence. That territorial nexus exists if an element of the offence is, or includes, an event occurring in South Australia, or the element is, or includes, an event that occurs outside South Australia, but while the person alleged to have committed the offence is in South Australia.

 

The amendments in the Bill will clarify the law about the jurisdiction of South Australian criminal courts and extend that jurisdiction to enable the effective application of South Australian criminal law within nationally agreed parameters.

   

(November 28 - Lapsed due to Prorogation)

 

DEVELOPMENT (ADULT BOOK/SEX SHOPS) AMENDMENT BILL

 

The purpose of this Bill is to prevent sex shops from locating within 200 metres of the boundary of a children’s service centre or school.

   

(April 11, May 2, 16, June 6, July 25 - Lapsed due to Prorogation)

 

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.

   

(October 5, November 15, 28, December 7 - Act No. 88 of 2000)

 

DIGNITY IN DYING BILL

 

The purpose of this Bill is to provide for the administration of medical procedures to assist the death of patients who are hopelessly ill and who have expressed a desire for the procedures subject to appropriate safeguards.

   

(March 14, 28, April 4, 11, May 2, 30, July 4, 24, 25 - Lapsed due to Prorogation)

 

ELECTORAL (MISCELLANEOUS) AMENDMENT BILL

 

This Bill makes a number of amendments to the Electoral Act which are mostly of a technical nature and seek to streamline the existing electoral processes. The Bill addresses such issues as information to be provided to the Electoral Commissioners, penalties, enrolment as an elector, registration of political parties, description of Independent candidates, appointment of scrutineers, registration as a declaration voter, postal votes and how to vote cards. The Bill will also ensure that the Electoral Commissioner will be provided with immunity for all persons involved in the administration of the Act. Any such liability will instead lie against the Crown.

   

(March 15, April 10, 11, May 16, 30, July 5 - Lapsed due to Prorogation)

 

ELECTORAL (VOTING AGE) AMENDMENT BILL

 

The purpose of this Bill is to lower the voting age in South Australia from 18 to 17 years and lower the age for provisional enrolment on the electoral roll from 17 to 16 years.

   

(March 14, May 16 - Bill withdrawn in Legislative Council)

 

ELECTRONIC TRANSACTIONS BILL

 

The object of this 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;
a 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.

   

(October 5, 10, 11, 24, November 30 - Act No. 72 of 2000)

 

ENVIRONMENTAL PROTECTION (MISCELLANEOUS) AMENDMENT BILL

 

The amendments contained in this Bill are based on the recommendations made by the Environment Resources and Development Committee after its study of the Environment Protection Agency and the Environment Protection Authority of the Environment Protection Act. The aim of the amendments is to produce an Environmental Protection Agency which is independent.

   

(July 25, October 3 - Lapsed due to Prorogation)

 

EQUAL OPPORTUNITY (MISCELLANEOUS) AMENDMENT BILL

 

The purpose of this Bill is to expand the grounds of discrimination addressed by the Act in several respects. the Bill will add "mental illness" to the present definition of "impairment" and include the state of being infected with the HIV virus as "physical impairment". The Bill creates new grounds of discrimination, such as prohibiting direct discrimination on the ground of responsibility to care for one’s child, spouse, parent, grandparent or grandchild, as well as extending the scope of sexual harassment provisions.

 

The Bill also alters the complaint process and the role of the Commissioner for Equal Opportunity.

   

(March 13, May 3, 30, June 6, September 27, October 4 - Lapsed due to Prorogation)

 

ESSENTIAL SERVICES (MISCELLANEOUS) AMENDMENT BILL

 

This Bill amends the Essential Services Act by replacing the offence and penalty provisions in sections 4 and 9 with new offences and penalties which draw a distinction between an inadvertent or negligent breach and an intentional or reckless breach. The bill also provides that company directors are guilty of an offence where the company of which they are a director commits an offence. Finally, the bill will provide immunity for civil liability for persons acting in good faith in compliance with a direction.

   

(November 15, March 14, 29 - Act No. 4 of 2001)

 

EVIDENCE (PROTECTED MATERIAL IN SEXUAL CASES) AMENDMENT BILL

 

The purpose of this Bill is to ensure that the material relating to a sexual offence that is gathered or generated for the purpose of prosecution is subject to certain protection. The material to be protected will be statements (in any form) made by the victim, photographs or film of the victim and medical and psychological records about the victim.

 

The protected material will be made available to the defendant subject to certain restrictions.

   

(November 28 - Lapsed due to Prorogation)

 

EXPIATION OF OFFENCES (TRIFLING OFFENCES) AMENDMENT BILL

 

This Bill provides a mechanism for a review of an expiation notice if the alleged offender believes that an offence to which the notice relates was trifling.

 

The Bill defines that an offence will not be regarded as trifling unless it falls within one of three categories, namely, the offender committed the offence for compelling humanitarian safety reasons, the offender could not have reasonably averted committing the offence or the offender’s breach was merely a technical, trivial or petty breach.

   

(March 15, 27, 28, 29, April 10 - Act No. 11 of 2001)

 

EXPLOSIVES (MISCELLANEOUS) AMENDMENT BILL

 

This Bill represents the first step in implementing a new system for regulating the use of fireworks in South Australia.

 

The Government has decided that the current system of regulation is inadequate. The present regulations control the sale, but not the use, of fireworks. The practice of imposing conditions on permits for sale is unsatisfactory under the current regime.

 

This Bill clarifies the powers under the Explosives Act 1936 to make regulations and to issue licences and permits under these regulations. In particular, the Bill specifically authorises the variation of conditions of licences and permits.

 

Additionally, the Bill confers significantly increased powers on the police. These powers allow the police to deal with instances of fireworks misuse in an expeditious manner and should enhance compliance with the requirements of the proposed new regulations in South Australia.

   

(May 30, July 3, 6, 24 - Act No. 31 of 2001)

 

FAIR TRADING (PYRAMID SELLING AND DEFENCES) AMENDMENT BILL

 

This Bill amends the Fair Trading Act 1987 be replacing the existing pyramid selling section with new, clearer provisions, and by tightening the defences available to those prosecuted for offences under the Act.

   

(October 25, November 13, 15 - Lapsed due to Prorogation)

 

FIRST HOME OWNER GRANT (NEW ZEALAND CITIZENS) AMENDMENT BILL

 

The First Home Owner Grant Act 2000 provides that only persons who are Australian citizens pursuant to the Australian Citizenship Act 1948 (C’wth) or permanent residents pursuant to the Migration Act 1958 (C’wth) can receive the grant.

 

After enquiries were made by New Zealand citizens permanently living in Australia as to their eligibility, it became apparent that such persons are not permanent residents for the purposes of the Migration Act, as they hold special category visas which allow them to remain in Australia permanently whilst not having the technical status of a permanent resident. Therefore, in order to be able to receive the grant, New Zealand citizens must become Australian citizens, which necessitates a residency period in Australia of two years.

 

This Bill amends the definition section of the principal Act. Clause 3(a) clarifies the meaning of "Australian citizen". Clause 3(b) adds to the definition of "permanent resident" any New Zealand citizen who holds a special category visa within the meaning of section 32 of the Migration Act 1958 of the Commonwealth, with the effect of enabling such citizens to satisfy the second eligibility criterion in respect of an application for a first home owner grant under the principal Act.

   

(October 12, 24, 25, 26 - Act No. 64 of 2000)

 

FREE PRESBYTERIAN CHURCH (VESTING OF PROPERTY) BILL

 

The purpose of this Bill is to provide for the distribution of the property of the now defunct Free Presbyterian Church of South Australia.

   

(April 10, 11, July 3, 6, September 28 - Act No. 45 of 2001)

 

FREEDOM OF INFORMATION BILL

 

The purpose of this Bill is to make official information more freely available to provide for proper access by each person to official information relating to that person; to protect official information to the extent consistent with the public interest and the preservation of personal privacy; and to establish procedures for the achievement of those purposes.

   

(October 11 - Lapsed due to Prorogation)

 

FREEDOM OF INFORMATION AMENDMENT BILL

 

The purpose of this Bill is to repeal the current Freedom of Information Act and replace it with a new Act to make official information more freely available; to provide for proper access by each person to official information relating to that person; to protect official information to the extent consistent with the public interest and the preservation of personal privacy, and to establish procedures for the achievement of those purposes.

   

(October 11, December 6, April 11, July 26, October 3 2001 - Negatived in Legislative Council)

 

FREEDOM OF INFORMATION (MISCELLANEOUS) AMENDMENT BILL

 

The provisions of this Bill amend the Freedom of Information Act to reduce complexity and provide quicker finalisation of applications, greater transparency in the process, and a greater emphasis on the public interest in making information available.

   

(July 25, November 13, 15, 27, 29 - Act No. 61 of 2001)

 

GAMBLING IMPACT AUTHORITY BILL

 

The purpose of this Bill is to establish the Gambling Impact Authority. The functions of the Authority are -

 

1.
2.

3.


4.





5.


6.

To monitor the social and economic impact of gambling activities in this State;
To assess the extent to which gambling activities are or are not being conducted in this State in a responsible manner; and
To monitor the administration and enforcement of the prescribed Acts and to assess the extent to which that administration and enforcement enhances or diminishes the responsible conduct of gambling activities; and
To propose amendments to legislation, modifications to the manner in which legislation is administered or enforced, or other strategies, that the Authority considers necessary or desirable for the purpose of enhancing the responsible conduct of gambling activities in this State (including amendments, modifications or strategies involving alterations to equipment used in gambling activities or the manner in which gambling activities are conducted); and
To provide advice to gambling entities about the responsible conduct of gambling activities and, in particular, the development of codes of practice designed to promote such conduct; and
To exercise the other powers and functions conferred on, or assigned to, the Authority by or under this Act or by the Minister.

   

(November 29 - 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.

   

(October 11 - Lapsed due to Prorogation)

 

GAMING MACHINES (FREEZE ON GAMING MACHINES) AMENDMENT BILL

 

The purpose of this Bill is to prevent the Liquor and Gaming Commissioner from granting an application for a gaming machine licence or giving approval to increase the number of gaming machines to be operated under a gaming machine licence, if the application was made on or after 7 December 2000. The freeze on the number of gaming machines will expire on 31 May 2001.

   

(November 29, December 8 - Act No. 85 of 2000)

 

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.

   

(April 4, June 6, July 25, 26 - Lapsed due to Prorogation)

 

GOVERNMENT ADVERTISING (OBJECTIVITY, FAIRNESS AND ACCOUNTABILITY) BILL

 

The purpose of this Bill is to require government advertising to meet minimum standards with respect to objectivity, fairness and accountability, and to prohibit the expenditure of taxpayers’ money on advertising which promotes party political interests.

   

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

 

GRAFFITI CONTROL BILL

 

The purpose of this Bill is to introduce measures to assist in the prevention of graffiti vandalism in the community. The Bill provides conditions for the sale of spray paint, penalties for graffiti offences and a process for the removal of graffiti.

   

(May 2, 30, June 5, 6, July 3, September 25, 27 - Act No. 46 of 2001)

 

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. This Bill 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.

   

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

 

HARBORS AND NAVIGATION (MISCELLANEOUS) AMENDMENT BILL

 

The purpose of this Bill is make changes to the Harbors and Navigation Act 1993 to implement a number of improvements to current arrangements for jet ski expiation fees, penalties for non-compliance with safety equipment requirements, composition of the State Crewing Committee and to clarify the State’s extraterritorial powers in relation to trading vessels.

   

(October 5, 10, 12, 24, December 7 - Act No. 79 of 2000)

 

LAND ACQUISITION (NATIVE TITLE) AMENDMENT BILL

 

The purpose of this Bill is to amend the Land Acquisition Act to bring that Act into conformity with the amendments made to the Native Title Act in respect of compulsory acquisitions of native title interests by the Native Title Amendment Act (Commonwealth).

 

The following issues are addressed in the Bill -

 






"Third Party" acquisitions;
Acquisitions for Government purposes;
Right to Negotiate;
Compensation Ceiling;
Determination by Court as to Existence of Native Title; and
Temporary Entry and Occupation of Native Title Land.

   

(April 11, July 24, September 26, October 25 - Act No. 53 of 2001)

 

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.

   

(October 5, 12, May 30, 31, June 5, 24 - Act No. 32 of 2001)

 

LAW REFORM (CONTRIBUTORY NEGLIGENCE AND APPORTIONMENT OF LIABILITY) BILL

 

This Bill will allow the courts to reduce a plaintiff’s damages on account of his or her contributory negligence in any case of breach of a contractual duty of care, subject only to any agreement between the parties or after legislative provision to the contrary.

 

In addition, the Bill will make the contribution provisions that currently apply only between tortfeasors applicable to alarms for breach of contractual duty of care.

   

(May 30, June 7, July 3, 25 - Act No. 41 of 2001)

 

LAW REFORM (DELAY IN RESOLUTION OF PERSONAL INJURY CLAIMS) BILL

 

The purpose of this Bill is to add a new Division 10A to Part 3 of the Wrongs Act 1936. The new Division is entitled "unreasonable Delay in Resolution of Claim". The Bill also amends the Survival of Causes of Action Act 1940 and updates it by removing references to obsolete causes of action.

 

New Division 10A would create a new entitlement to damages in certain circumstances. Courts and tribunals will be able to aware damages under section 35C on the application of the personal representatives of a person who has suffered a personal injury (including disease or any impairment of physical or mental condition) and who has made claim for damages or compensation, but died before damages or workers compensation for non-economic loss have been determined. The section 35C damages could be awarded if the defendant is found liable to pay damages or compensation to the person who suffered the injury and certain other factors exist. The damages would be awarded against the defendant or other person who has authority to defend the claim, such as the insurer, a liquidator or the personal representatives of a deceased defendant.

   

(July 26, October 2, November 1, 13, 15 - Lapsed due to Prorogation)

 

LEGAL ASSISTANCE (RESTRAINED PROPERTY) AMENDMENT) BILL

 

This Bill amends the Criminal Assets Confiscation Act, the Criminal Law (Sentencing) Act, the Legal Services Commission Act and the Criminal Law Consolidation Act in relation to restrained assets and legal expenses.

 

The Criminal Assets Confiscation Act is amended in section 20 by striking out subsections (2) and (3), which relate to the application of restrained property towards legal costs, and inserting new provisions. The new subsection (2) provides that restrained property may only be applied towards legal costs if this is authorised by the court and the costs are "legal assistance costs". Section 20(3) provides that upon the application of the Legal Services Commission, the court must authorise the application of restrained property towards payment of legal costs if it is satisfied that it is unlikely that no other person has a lawful claim to the property. Under section 20(4), the Legal Services Commission can not make an application to the court unless it is satisfied the person has no other source of funds reasonably available to pay towards legal assistance costs. Under section 20(5), the Attorney-General must be given an opportunity to be heard on the matter.

 

The Criminal Law (Sentencing) Act is amended by inserting a new paragraph (ka) in section 10. The new paragraph provides that, except where a forfeiture of property operates to remove any benefit obtained from the commission of an offence, a court should have regard to the nature and extent of property that has been forfeited by a person in determining a sentence.

 

The Legal Services Commission Act is amended by inserting a new section 18B which provides that in assessing whether a person is eligible for legal assistance, the Legal Services Commission must disregard the value of any assets that have been restrained under the Criminal Assets Confiscation Act. The restrained assets are also disregarded in assessing any contribution the person must make towards costs, but this does not prevent the Commission from applying to the court to have the restrained assets applied to the costs. A person’s liability to pay legal costs to the Commission may be secured by a charge over restrained property, which will be released automatically if the property is subsequently forfeited.

 

A consequential amendment is made to the Criminal Law Consolidation Act.

   

(November 29, March 13, 15, 27, April 4 - Act No. 10 of 2001)

 

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 5, November 9, 14, 15, 30 - Act No. 70 of 2000)

 

LEGAL PRACTITIONERS (MISCELLANEOUS) AMENDMENT BILL

 

The amendments in this Bill arise from a competition policy review of the Legal Practitioners Act. Firstly, the Bill removes the requirement for admission as a legal practitioner that the applicant be resident in Australia. Secondly, the Bill removes the restriction between land agents and legal practitioners for the work of drawing tenancy agreements by removing the prescribed limit on rental value which applies to land agents. Thirdly, the Bill enables private trustee companies to charge for the preparation of a will, even though the trustee company is not named as an executor of the will and even though the will is not drawn by a lawyer.

   

(October 24, November 15, 27, 29 - Lapsed due to Prorogation)

 

LEGAL SERVICES COMMISSION (MISCELLANEOUS) AMENDMENT BILL

 

This Bill makes a number of amendments to the Legal Services Commission Act to enable the Commission to operate more efficiently by formalising existing administrative practice and removing unnecessary restrictions upon it. Other amendments recognise the changed nature of the relationship between the State Government and the Commission and the Commonwealth Government since the Act was enacted in 1977.

   

(October 11, March 13, April 10, May 3 - Act No. 15 of 2001)

 

LIQUOR LICENSING (REVIEWS, APPEALS AND NOISE COMPLAINTS) AMENDMENT BILL

 

The amendments made by this Bill are to the procedural provisions of the Liquor Licensing Act. The Bill alters the appeal process available to parties who wish to challenge a decision of the licensing authority constituted of the Liquor and Gaming Commissioner. The Bill abolishes the present review of the Commissioner's decisions by the Licensing Court and instead provides for an appeal from such decisions to the Supreme Court, as applies in the case of first-instance decisions of the Licensing Court.

 

The Bill also adds a new provision that the licensing authority may grant an application on an interim basis, or specify that a condition of a licence, permit or approval is effective for a specified period.

 

Finally, the Bill also provides that, where the parties so request, the Commissioner must deal with a complaint about noise, etc., emanating from licensed premises. At present, a noise complaint which cannot be conciliated must be referred to the Court, even though the parties would have been satisfied for the Commissioner to dispose of it.

   

(July 26, October 2, 4, 25, 30 - Lapsed due to Prorogation)

 

LISTENING DEVICES (MISCELLANEOUS) AMENDMENT BILL

 

This Bill updates the provisions of the Listening Devices Act taking into account technological advances. It makes a number of other amendments aimed at overcoming some current practical problems in the Act 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.

   

(October 11, March 13, April 10, May 3 - Act No. 15 of 2001)

 

LOCAL GOVERNMENT (CONSULTATION ON RATNG POLICIES) AMENDMENT BILL

 

This Bill provides that before any Council considers changing the basis of the rating of any land or changes the basis on which land is valued for the purpose of rating, the Council must follow a process of public consultation. Public consultation is prescribed as a notice published in a newspaper circulating in the area, an invitation to interested persons to attend a public meeting, to make written submissions and setting out a reasonable time frame for that of 21 days.

 

The Bill also provides that where a Council considers changing the basis of differential rates, the same process of public consultation is required.

   

(November 14, 28, 29 -Act No. 67 of 2001)

 

MEMBERS OF PARLIAMENT (REGISTER OF INTERESTS) (RETURNS) 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 8, 17, December 6 - Lapsed due to Prorogation)

 

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 certain perpetual and other lessees who hold rights of exclusive possession from the process of determining native title applications in the Federal Court.

   

(October 5, November 28, 30, December 7, 8 - Act No. 84 of 2000)

 

NUCLEAR WASTE STORAGE FACILITY (PROHIBITION) ACT AMENDMENT BILL

 

This Bill amends the Nuclear Waste Storage Facility (Prohibition) Act by including low level nuclear waste into the scope of the Act.

   

(November 14 - Lapsed due to Prorogation)

 

OCCUPATIONAL HEALTH, SAFETY AND WELFARE (PENALTIES) AMENDMENT BILL

 

The purpose of this Bill is to increase penalties for breaches of the Act. Maximum penalties under the Occupational Health, Safety and Welfare Act have remained unchanged since the inception of the Act in 1986.

 

A comparison of interstate penalty structures reveals that the level of penalties in South Australia is now towards the lower end of the scale in relation to other States.

 

It is considered that maximum penalties under the Act must be maintained as an appropriate deterrent and to act as an inducement to bring about behavioural changes in the workplace. The increases in maximum penalties contained in this Bill will convey a message to the community at large as to the importance of occupational health and safety in the workplace and that all offenders, be they corporate or otherwise, who commit these offences will face substantial penalties.

   

(October 12, November 8, 9, 16, December 7 - Act No. 86 of 2000)

 

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.

   

(October 11, November 8 - Bill withdrawn in Legislative Council)

 

PARLIAMENTARY SUPERANNUATION (PRESERVATION OF PENSIONS) AMENDMENT BILL

 

The purpose of this Bill is to restrict the access of Members of the South Australian Parliament to their superannuation for any reason be fore they are aged 55 years, except in the case of permanent disability.

   

(July 4, November 14 - Lapsed due to Prorogation)

 

PRICES (PROHIBITION ON RETURN OF UNSOLD BREAD) AMENDMENT BILL

 

This Bill amends the Prices Act 1948 by inserting a new regulation-making power to ensure that a prohibition on the return of unsold bread can be enforced, whether or not financial relief or compensation is given to or received by the retailer.

 

The Bill extends the regulation-making power in the Act in a manner that will enable new regulations to be made that exactly mirror the regulations made in 1985 with which industry was satisfied.

   

(October 31, November 13, 27 - Lapsed due to Prorogation)

 

PROTECTION OF MARINE WATERS (PREVENTION OF POLLUTION FROM SHIPS) (MISCELLANEOUS) AMENDMENT BILL

 

The purpose of this Bill is to make necessary amendments to the regulation making powers of the Act to enable highly technical and prescriptive standards of the International Maritime Dangerous Goods Code to be adopted and incorporated. The Bill also introduces other provisions to improve the general effectiveness of the Act.

   

(May 3, 16, June 7, July 24 - Act No. 33 of 2001)

 

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 11, May 16 - Lapsed due to Prorogation)

 

REFERENDUM (GAMING MACHINES) BILL

 

The purpose of this Bill is to provide for the holding of a referendum of electors at the next State election in relation to the issue of poker machines and gaming machines. The referenda proposals in sequence are - First, whether South Australians favour a continuation of the freeze on the number of gaming machines in hotels and clubs in South Australia. Secondly, whether South Australians are in favour of the removal of all existing gaming machines from hotels, but not from the casino or clubs in South Australia within the next five years. The third question is whether all gaming and poker machines should be removed from the casino, hotels and clubs within the next five years. The final question relates to a requirement that all gaming machines be fitted with a device or mechanism to prevent betting of more than $1 per minute.

   

(October 3, 31, November 14 - Negatived in Legislative Council)

 

RETAIL AND COMMERCIAL LEASES (CASUAL LEASES) AMENDMENT BILL

 

The amendments to the Retail and Commercial Leases Act in this Bill relate to a "casual lease" in a retail shopping centre. The Bill provides that a lessee be given a disclosure statement if a retailer knows that an area adjacent to a sho may be sued for casual leasing. The Bill also provides that income generated by casual tenancies is to be off-set against the total outgoings of the retail shopping centre and that a casual tenant does not unreasonably restrict access to an established shop.

   

(December 6 - Lapsed due to Prorogation)

 

RETAIL AND COMMERCIAL LEASES (CASUAL MALL LICENCES) AMENDMENT BILL

 

This Bill amends the Retail and Commercial Leases Act 1995 to provide that a lessor of shops in a retail shopping centre must comply with the provisions of the Casual Mall Licensing Code, as set out in a new Schedule to the Act. The Code will provide a legislated framework in which casual mall licensing can operate. It will clarify the entitlements and expectations of affected parties, ensure that lessees have access to greater information about casual mall licensing in retail shopping centres and significantly reduce the tensions which have occurred from time to time between shopping centre owners/managers and retail lessees over this issue.

   

(November 1, 13, 15, 29 - Act No. 63 of 2001)

 

RETAIL AND COMMERCIAL LEASES (MISCELLANEOUS) AMENDMENT BILL

 

The amendments to the Retail and Commercial Leases Act 1995 in this Bill relate to the impact that an assignment of lease has on the liability of outgoing lessees. The Bill provides that where a lease is assigned, the outgoing lessee and any guarantor will no longer be subject to any obligations or liabilities under the lease once the term of the lease has either expired, or the lease is renewed following the assignment, or a period of two years has elapsed since the date the lease was assigned, whichever happens first. Thus, any obligations or liabilities on the part of the outgoing lessee, following an assignment, may continue for a maximum of two years. The Bill does not affect any obligations or liabilities that have accrued prior to the occurrence of any of these events.

   

(October 10, 26, November 8, 9, 28, 30, July 27 - Act No. 43 of 2001)

 

RETIREMENT VILLAGES (MISCELLANEOUS) AMENDMENT BILL

 

The purpose of this Bill is to improve legislative protection for retirement village residents and require increased disclosure and transparency in relation to the mutual rights and obligations of residents and administering authorities.

 

It is usually provided in the residence contract that the resident is responsible for the payment of recurrent (or so-called maintenance) charges until such time as the resident’s unit is re-licensed. As the process of re-selling or re-licensing can often take some months, considerable hardship can occur and the resident’s funds can be diminished, if not exhausted, by the continuing obligation.

 

The Bill therefore provides six months should be fixed as the maximum period in respect of which recurrent charges can be charged to residents after the date of vacant possession.

 

The Bill also addresses a number of definitional and minor administrative matters and other amendments to bring the legislation into line with other legislative or administrative changes. They include -

 






Correction of references to various bodies, e.g. "Commissioner" to "Minister"; "Companies (SA) Code" to "Corporations Act 2001 of the Commonwealth"; "Commission" to "Corporate Affairs Commission" or "Australian Securities and Investment Commission" where appropriate;
Clearer definitions of resident/spouse
purposes;
Clarification of delegation for the administration of the Act.

   

(October 3, 30, 31, November 14 - Act No. 59 of 2001)

 

ROAD TRAFFIC (ALCOHOL INTERLOCK SCHEME) AMENDMENT BILL

 

This Bill to amend the Road Traffic Act and Motor Vehicles Act provides for the introduction of an Alcohol Interlock Scheme, as a further measure to address drink-driving offences in South Australia.

 

An alcohol interlock is an electronic breath alcohol analyser with a micro-computer and internal memory which is attached to the ignition and other control systems of a motor vehicle. Its purpose is to measure the blood alcohol concentration of the intended driver and to prevent the vehicle from being started or operated if the blood alcohol concentration exceeds a pre-set limit.

   

(October 5, 24, 26, November 7, December 7 - Act No. 91 of 2000)

 

ROAD TRAFFIC (TICKET-VENDING MACHINES) AMENDMENT BILL

 

The purpose of this Bill is to compel local government councils to provide that parking ticket-vending machines used in connection with the regulation of the parking of vehicles on a road, must be capable of providing change.

   

(March 28, May 2, 16, October 3, 31, November 28 - Bill withdrawn in Legislative Council)

 

SOUTH AUSTRALIAN COUNTRY ARTS BOARD (APPOINTMENTS TO TRUST AND BOARDS) AMENDMENT BILL

 

The purpose of this Bill is to amend section 6 of the South Australian Country Arts Trust Act to enable a person to hold office as presiding trustee of the South Australian Country Arts Trust for a maximum of six years and to hold office as trustee (other than ex officio or presiding trustee) of the Trust for a maximum of six years.

 

The Bill also amends section 22 of the Act to enable a person to hold office as presiding member of a Country Arts Board for a maximum of 6 years and to hold office as a member (other than presiding member) of such a Board for a maximum of six years.

   

(October 5, 10, 12, 24, November 30 - Act No. 69 of 2000)

 

SHOP THEFT (ALTERNATIVE ENFORCEMENT) BILL

 

The purpose of this Bill is to provide an alternative legal process, based on police discretion, for dealing with minor shop-stealing with the consent of the victim, the police and the accused.

 

Where the case involves goods valued at $30 or less, there are two possible courses of action. In the first, if the accused apologises to the victim in the presence of a police officer (unless the victim does not want an apology), returns the goods or, if they are damaged, pays the value of them, admits to the offence and undertakes to submit to a formal police caution, the matter can be dealt with on the spot. Alternatively, the accused may take the notice away for 48 hours and then may attend personally at the police station specified in the notice and admit the commission of the offence, pay for any goods that are damaged, submit to a formal police caution, and undertake to apologise to the victim (unless the victim does not want an apology) in the presence of a police officer at a time and place fixed in the notice.

 

Where the case involves goods valued at more than $30 but at or below $150, the matter is not dealt with on the spot, but the police officer, again with the consent of the victim and the accused, may issue a shop theft infringement notice which obliges the accused to attend a specified police station within 48 hours. When the accused attends, the requirements are similar - admit the commission of the offence, pay for any goods that are damaged, submit to a formal police caution, and undertake to apologise to the victim (unless the victim does not want an apology) in the presence of a police officer at a time and place fixed in the notice - but, in this case, the accused is liable to serve a period of community service calculated at one hour for every $5 value of the goods the subject of the notice.

   

(October 12, 25, November 9, 30 - Act No. 73 of 2000)

 

SHOP TRADING HOURS (GLENELG TOURIST PRECINCT) AMENDMENT BILL

 

The purpose of this Bill is to amend the Shop Trading Hours Act to extend shopping hour arrangements to non-exempt shops in an area currently designated as the District Centre Zone in Glenelg and designated for the purposes of this Bill as the Glenelg Tourist Precinct.

   

(November 9, 14, 15, December 7 - Act No. 77 of 2000)

 

SOUTHERN STATE SUPERANNUATION (INVALIDITY/DEATH INSURANCE) 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 Triple S Scheme provides benefits based on the accumulation of contributions paid into the Scheme.

 

The amendments fall into two main categories. The first category of amendments deal with the changes required to provide for the restructuring and introduction of simplified insurance arrangements. The second category of amendments are of a technical nature which deal with several administrative procedures which are being changed under the Bill.

   

(July 4, 24, 26 - Act No. 39 of 2001)

 

STATE DISASTER (STATE DISASTER COMMITTEE) AMENDMENT BILL

 

This Bill amends the State Disaster Act to reflect the revised administrative arrangements to support emergency management activities in South Australia.

 

In 1997, the Government considered the report of a review of South Australian emergency management arrangements which was conducted by Mr Barry Grear. Many of the changes to the emergency management procedures recommended in the Report have been implemented by way of administrative action. This Bill makes minor legislative amendments to change the membership and functions of the State Disaster Committee to reflect the new arrangements.

   

(November 15, March 14, 29 - Act No. 6 of 2001)

 

STATE SUPPLY (MISCELLANEOUS) AMENDMENT BILL

 

The purpose of this Bill is to make legislative changes as recommended by the Auditor-General to strengthen and clarify the role of the State Supply Board in relation to services procurement.

 

This Bill amends the State Supply Act 1985, by including express mention of services. The Bill will also ensure other commodities namely, energy and intellectual property, are also within the ambit of the Act.

   

(October 31, November 15, 27, 29 - Act No. 68 of 2001)

 

STATUTES AMENDMENT (ATTORNEY-GENERAL’S PORTFOLIO) BILL

 

This Bill makes a number of minor, uncontroversial amendments to legislation within the Attorney-General’s portfolio. The Acts which are amended are the Administration and Probate Act 1919,the Criminal Law Consolidation Act 1935, the Criminal Law (Sentencing) Act 1988, the Evidence Act 1929, the Partnership Act 1891, the Public Assemblies Act 1972, the Real Property Act 1886, the Summary Offences Act 1953, the Trustee Act 1936, the Trustee Companies Act 1988 and the Worker’s Liens Act 1893.

   

(October 3, 30, 31 - Lapsed due to Prorogation)

 

STATUTES AMENDMENT (CONSUMER AFFAIRS) BILL

 

The provisions of this Bill will be introduced into the followings Acts -

 







the Building Work Contractors Act 1995;
the Conveyancers Act 1994;
the Land Agents Act 1994;
the Plumbers, Gas Fitters and Electricians Act 1995;
the Second-hand Vehicle Dealers Act 1995;
the Security and Investigation Agents Act 1995; and
the Travel Agents Act 1986.

 

The Bill amends the occupational licensing Acts in a substantially consistent manner. The amendments provide that licences for building work contractors, plumbers, gas fitters, electricians and security and investigation agents will include a photograph of the licensee. Likewise, certificates of registration for building work supervisors and plumbing, gas fitting and electrical workers will include a photograph of the holder of the registration. (It is not proposed that conveyances, land agents, second-hand vehicle dealers or travel agents will be required to be photographed for licensing/registration purposes.)

 

Other proposed amendments relate to new requirements for applicants for licences or registration under the various Acts to provide the Commissioner with identification evidence and other specified information and to pay to the Commissioner any outstanding amounts owed under the relevant Act.

   

(June 6, July 3, 24, September 26, October 3 - Act No. 47 of 2001)

 

STATUTES AMENDMENT (CORPORATIONS) BILL

 

The referral of the "corporations power" to the Commonwealth, and the enactment of the new corporations legislation as a law of the Commonwealth, means that it is necessary or convenient to make a number of consequential amendments to South Australian legislation.

 

This Bill -

 

1.

2.



3.

4.


5.

6.

amends provisions referring to the Corporations Law, or any part of it, so that they refer in future to the Corporations Act 2001 of the Commonwealth, or the relevant part of it;
corrects references to particular provisions of the Corporations Law so that they are read in future as references to the correct provisions of the Corporations Act (this includes amendments consequential on the Corporate Law Economic Reform Program Act 1999 of the Commonwealth);
makes similar amendments and corrections in relation to certain references to the Companies Act 1962 and the Companies (South Australia) Code;
in accordance with Part 1.1A of the proposed Corporations Act 2001 of the Commonwealth, continues certain existing exemptions, exceptions and exclusions from the operation of the Corporations Law;
re-enacts provisions in Acts that apply particular provisions of the Corporations Law as if they were part of those Acts, so that the provisions continue to apply as State law
makes other miscellaneous adjustments necessary for the new corporations scheme.

   

(May 29, 30, 31, June 6 - Act No. 23 of 2001)

 

STATUTES AMENDMENT (COURTS AND JUDICIAL ADMINISTRATION) BILL

 

This Bill makes a number of amendments to legislation dealing with the jurisdiction and administration of courts. The Bill amends the Building Work Contractors Act 1995, the Courts Administration Act 1993, the Criminal Law Consolidation Act 1935, the De Facto Relationships Act 1996, the District Court Act 1991, the Judicial Administration (Auxiliary Appointments and Powers) Act 1988, the Magistrates Court Act 1991, the Mining Act 1971, the Opal Mining Act 1995, the Petroleum Act 2000, the Retail and Commercial Leases Act 1995, the Summary Procedure Act 1921, the Supreme Court Act 1935, the Unclaimed Goods Act 1987 and the Workers Rehabilitation and Compensation Act 1986.

 

Courts Administration Act
The amendments to this Act will provide the publication on the Courts Administration Authority’s web-site of the sentencing remarks of a Judge of the Supreme or District Court, the same privileges and immunities as if the publication were a publication by a Judge of sentencing remarks in Court.

 

District Court Act
The amendments to this Act provide that the District Court has the same powers in relation to contempts of itself as the Supreme Court has in relation to contempts of the Supreme Court.

 

Judicial Administration (Auxiliary Appointments and Powers) Act
The amendments to this Act will enable temporary appointments to the Workers Compensation Tribunal and the Environment, Resources and Development Court.

 

Magistrates Court Act
The Bill amends the civil jurisdictional limits of the Magistrates Court by increasing the monetary amounts of claims that may be heard from $30,000 to $40,000, except for claims arising out of the use of a motor vehicle and claims relating to real property, which are increased from $60,000 to $80,000. This restores the status quo since the last time the amounts were varied in 1992.

 

Mining Act, Opal Mining Act and Petroleum Act
The Bill increases the monetary limit on the Wardens Court’s jurisdiction to deal with claims for compensation under these Acts. Currently the Wardens Court may deal with compensation claims involving up to $100,000. This is increased to $150,000 to account for inflation since the amount was fixed in 1988.

 

Supreme Court Act
The Bill amends this Act to give the Supreme Court the power to waive Court fees where a person is unable to pay the fees because of financial hardship or any other good reason.

   

(October 31, November 27, 29 - Act No. 69 of 2001)

 

STATUTES AMENDMENT (FEDERAL COURTS - STATE JURISDICTION) BILL

 

In its decision in the matter of Re Wakim: Ex parte McNally, the majority of the High Court held that the exercise of State jurisdiction by federal courts is not permitted by Chapter III of the Commonwealth Constitution.

 

The effect of the decision was to invalidate cross-vesting arrangements in so far as they purport to confer State jurisdiction on federal courts.

 

The cross-vesting arrangements, established by the Jurisdiction of Courts (Cross Vesting) legislation of the Commonwealth, the States and the Territories, form an important part of the administration and enforcement of joint Commonwealth, State and Territory schemes relating to agricultural and veterinary chemicals, competition policy reform, gas pipeline access, the National Crime authority and the monitoring of price exploitation associated with the Commonwealth’s goods and services tax.

 

In addition to the general cross-vesting arrangements, a separate cross-vesting scheme was established under the Corporations’ legislation. This too has been ruled invalid to the extent that jurisdiction was conferred on the Federal Court in relation to matters arising under the State Corporations Laws.

 

This Bill amends the State legislation which supports the co-operative schemes referred to above, being:

 







the Agricultural and Veterinary Chemicals (South Australia) Act 1994;
the Competition Policy Reform (South Australia) Act 1996;
the Corporations (South Australia) Act 1990;
the Gas Pipelines Access (South Australia) Act 1997;
the Jurisdiction of Courts (Cross-Vesting) Act 1987;
the National Crime Authority (State Provisions) Act 1984; and
the New Tax System Price Exploitation Code (South Australia) Act 1999.

 

In the case of each, the Bill makes the following amendments.

 

Firstly, provisions which purport to confer State jurisdiction on federal courts are removed.

 

Secondly, the Bill repeals those provisions purporting to apply the Commonwealth Administrative legislation as a law of the State.

 

Thirdly, the Bill brings the cross-vesting provisions (both generally and in relation to the cross-vesting scheme established under the Corporations Law), into line with the revision of the schemes by the Jurisdiction of Courts Legislation Amendment Act 1999 (C’wth). In particular, the amendments allow the judicial review of the actions and decisions of Commonwealth officers and agencies to continue to be dealt with by the Federal Court. In some limited circumstances, the State Supreme Court is given equivalent jurisdiction.

   

(October 24, November 7, 9, 30 - Act No. 74 of 2000)

 

STATUTES AMENDMENT (INDEXATION OF SUPERANNUATION PENSIONS) BILL

 

This Bill amends the Governors’ Pensions Act 1976, the Judges’ Pensions Act 1971, the Parliamentary Superannuation Act 1974, the Police Superannuation Act 1990, and the Superannuation Act 1988, so that twice yearly indexation of pensions can be implemented.

 

The Bill provides for the twice a year adjustments to be made in October and April each year. Under the new arrangements, the adjustment in October will reflect the movement in the Consumer Price Index over the six months to the previous 30 June, and the adjustment in April will reflect the movement in the Consumer Price Index over the six months to the previous 31 December.

   

(July 4, 24, 26 - Act No. 40 of 2001)

 

STATUTES AMENDMENT (MOBIL OIL REFINERIES)BILL

 

The object of this Bill is to amend the State Government's Indenture Agreements with Mobil Refining Australia Ltd. laid down in the Oil Refinery (Hundred of Noarlunga) Indenture Act 1958 and the Mobil Lubricating Oil Refinery (Indenture) Act 1976.

 

The main amendments concern arrangements for the payment of cargo service charges on crude exports and finished fuel imports across the Port Stanvac wharf, the level of rates payable to the City of Onkaparinga and the requirement for the State to provide certain facilities.

   

(October 24, November 1, 13, 29 - Act No. 70 of 2001)

 

STATUTES AMENDMENT (PUBLIC TRUSTEE) BILL

 

The purpose of this Bill is to remove existing barriers to competition between the Public Trustee and other trustees, including removing the regulatory or supervisory role of the Public Trustee resulting from the Administration and Probate Act and the Aged and Infirm Persons Property Act. Instead, while continuing to discharge the essential obligations expected by the community, the Public Trustee will be a market participant along with other participants. It is hoped that this will enhance the effectiveness of the Public Trustee, to the benefit of the community as a whole.

   

(October 4 - Lapsed due to Prorogation)

 

STATUTES AMENDMENT (ROAD SAFETY INITIATIVES) BILL

 

The purpose of this Bill is to amend both the Motor Vehicles Act 1959 and the Road Traffic Act 1961 to provide for a range of measures to improve road safety practices across South Australia. Overall this road safety package focuses on extra enforcement and educative measures relating to drink driving and speeding, in an effort to reduce two of the principal causes of road crashes in South Australia - and ultimately reduce road deaths, injuries and related health costs across the State.

   

(June 7, September 27, October 2, 23, 24, 25, November 1 - Lapsed due to Prorogation)

 

STATUTES AMENDMENT (STALKING) BILL

 

The purpose of this Bill is to address the issue of "cyber stalking". Cyber stalking occurs when stalkers take advantage of information technology as a means of stalking their victims.

 

South Australia’s stalking legislation makes no direct references to the use of electronic forms of communication for stalking purposes. It is considered desirable to make it clear that stalking "on-line" is equivalent to stalking "off-line" and should be treated as such.

 

This Bill amends not only the provision of the Criminal Law Consolidation Act which create the offence of stalking, but also the related provisions in the Domestic Violence Act and the Summary Procedure Act which provide for the making of restraining orders. It is desirable to maintain consistency across these three Acts, and to ensure that there is the same scope for prevention via a restraining order as there is for punishment via the offence provisions.

   

(July 26, September 26, October 4, 30 - Act No. 55 of 2001)

 

STATUTES AMENDMENT (TRANSPORT PORTFOLIO) BILL

 

This Bill amends the definition of motor vehicle in the Goods Securities Act to specifically include trailers. This will ensure that the scope of the Act remains unaffected and that securities can continue to be registered over trailers.

 

The Bill also amends the Motor Vehicles Act in three areas.

 

The first amendment varies the criteria for granting a concession on registration fees to ex-service personnel receiving a pension based on impairment of locomotion from 75 per cent incapacity to 70 per cent incapacity.

 

The second amendment to the Act requires the driver of a heavy vehicle to produce his or her licence to an inspector forthwith on request. Section 98AAA of the Act requires the drivers of heavy vehicles to carry their licences with them while driving a heavy vehicle. If requested by a member of the police force, the driver must produce his or her licence forthwith.

 

The third amendment to the Act would make it an offence punishable by a maximum fine of $5,000 to use information obtained in the administration of the Act and disclosed as permitted by the Act for purposes other than those for which it was disclosed.

   

(October 5, 24, 26, November 7, 8 - Act No. 76 of 2000)

 

STATUTES AMENDMENT (TRANSPORT PORTFOLIO) BILL

 

This Bill makes a number of amendments to the Harbors and Navigation Act 1993 and the Road Traffic Act 1961 in relation to the provisions for carrying out breath tests to determine whether or not a person has consumed alcohol. The amendments determine the time limit for commencement of a breath analysis, the consequences of not having a blood test, testing procedures to be prescribed and clarification of the concentration of alcohol in a person’s blood.

 

Section 33(3) of the Road Traffic Act is amended to require road closures and exemptions to be publicised in accordance with requirements that will be set out in the regulations. This will allow for the manner of advertising to be tailored to the nature of the event and the likely inconvenience to the driving public.

 

The Bill amends the Motor Vehicles Act 1959 to allow the regulations to prescribe a class of vehicle that the Registrar may refuse to register, either completely or pending investigations. The regulations relating to written-of vehicles will be amended to ensure that, in the first instance, the categories of wrecked vehicles in New South Wales that are precluded from being registered in New South Wales are precluded from being registered in South Australia. This will ensure that South Australia does not become the dumping ground for such vehicles.

 

The Bill also makes other minor technical amendments.

   

(March 14, April 3, 4, 5, 10, May 3 - Act No. 17 of 2001)

 

STATUTES AMENDMENT (TRANSPORT PORTFOLIO NO. 2) BILL

 

This Bill amends the Civil Aviation (Carriers’ Liability) Act 1962, the Harbors and Navigation Act 1993, the Motor Vehicles Act 1959 and the Road Traffic Act 1961.

 

Civil Aviation (Carriers’ Liability) Act
The amendments in the Bill enable a monetary penalty to be imposed by the courts where a corporate air carrier fails to have acceptable passenger insurance in place.

 

Harbors and Navigation Act
The amendments to in this Bill address the following issues -

 



authorised persons to issue expiation notices;
creation of an offence of allowing an unlicensed person to operate a vessel;
time within which a prosecution may commence.

 

Motor Vehicles Act
The amendments in the Bill address the following issues -

 





excluding probationary licence holders from acting as qualified passengers;
refund of fees for issue of motor driving instructors’ licences;
ability of the nominal defendant to recover from the driver or owner of an uninsured vehicle;
retention of images of licensed drivers.

 

Road Traffic Act
The amendments in the Bill will enable enforcement officers to issue a defect notice where a vehicle fails to comply with the vehicle standards or otherwise if the vehicle has not been maintained to a safe standard for use on roads. The Bill also enables enforcement officers to issue defective vehicle labels for both major and minor defects and empowers police officers or Transport SA inspectors to vary a defect notice where appropriate.

   

(October 24, November 27 - Lapsed due to Prorogation)

 

STATUTES AMENDMENT AND REPEAL (STARR-BOWKETT SOCIETIES) AMENDMENT BILL

 

The purpose of this Bill is to repeal the Starr-Bowkett Societies Act 1975 and to amend the Fair Trading Act 1987.

 

The Bill inserts a new Part in the Fair Trading Act that relates to Starr-Bowkett Societies and the activity of balloting for loans. The new provisions prohibit the trading or the carrying on of a business as a Starr-Bowkett society or using the name "Starr-Bowkett" (that is, a person or body that causes loan applicants to ballot for a loan, or makes the granting of a loan dependent on chance). There is an exception for an interstate Starr-Bowkett society, which may continue to do business with a member in South Australia if the member joined the society before moving to live in this State.

   

(September 26, October 23, 30 - Lapsed due to Prorogation)

 

SURVIVAL OF CAUSES OF ACTION (DUST-RELATED CONDITIONS) AMENDMENT 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.

   

(October 11, November 8, 29, April 11, May 2, June 6, 26, October 4 2001 - Act No. 49 of 2001)

 

TRADE MEASUREMENT (MISCELLANEOUS) AMENDMENT BILL

 

The purpose of this Bill is to make minor amendments to the Trade Measurements Act. The Act mirrors the national uniform trade measurement legislation agreed to by State and Territory Ministers, with the exception of Western Australia, in 1990.

 

In 1995, the Standing Committee of Officials of Consumer Affairs agreed on a project to review the uniform trade measurement legislation and its sub-committee, the Trade Measurement Advisory Committee, undertook that task with a view to identifying and examining the effectiveness, scope and appropriateness of the legislation.

 

The Committee identified a total of 47 areas of the legislation requiring amendment, of which 23 were regarded as minor in nature. It is these 23 amendments that this Bill addresses.

   

(July 5, 24, September 27, October 3 - Act No. 48 of 2001)

 

UNCLAIMED SUPERANNUATION BENEFITS (MISCELLANEOUS) AMENDMENT BILL

 

This Bill amends the Unclaimed Superannuation Benefits Act 1997, to ensure the State’s unclaimed superannuation legislation remains complementary to the Commonwealth’s Superannuation (Unclaimed Money and Lost Members) Act 1999.

 

In October 1999 the Commonwealth repealed the superannuation and retirement savings account unclaimed benefit provisions incorporated in various Commonwealth Acts, and consolidated the provisions in the Superannuation (Unclaimed Money and Lost Members) Act 1999 (C’wth). To enable the States and Territories to continue to receive unclaimed benefits, the Commonwealth legislation provided a transitional period to allow the States and Territories to amend their legislation to reflect the Commonwealth changes. The Commonwealth’s transitional period contemplates State and Territory legislation being amended by 31 December 2001.

 

This Bill makes a series of amendments which will ensure the Act continues to reflect the requirements of the Commonwealth’s Superannuation (Unclaimed Money and Lost Members) Act 1999, and therefore ensure unclaimed benefits continue to be paid to the State Unclaimed Superannuation Benefits Register. The provisions of the Act are extended to include retirement savings accounts which are also covered by the Commonwealth legislation.

   

(September 27, October 23, 30 - Act No. 56 of 2001)

 

VICTIMS OF CRIMES BILL

 

The purpose of this Bill is to give statutory recognition to victims of crime and the harm they have suffered, to establish principles governing how victims of crime are to be treated in the criminal justice system, to help victims of crime recover and to provide limited monetary compensation to victims most directly affected by criminal offending.

   

(May 16, July 6, September 25, 26, October 30, 31 - Act No. 58 of 2001)

 

WEST BEACH RECREATION RESERVE (REVIEW) AMENDMENT BILL

 

The purpose of this Bill is to update the major provisions of the West Beach Recreation Reserve Act to provide a legislative framework for the efficient operations of the West Beach Trust ensuring that the Trust continues its role as a publicly accessible sporting, recreation, tourism and cultural facility.

 

In particular, the amendments provide -

 







A clear statement of the role of the West Beach Trust with emphasis on the sporting, recreation, tourism and cultural role of the Reserve.
A clear statement of the services to be delivered by the Trust through a Charter and Performance Statement.
A requirement for the Board of the Trust to prepare a Strategic Plan and a Business Plan to enable the Trust to plan with confidence for the future (to be approved by the Minister).
A Board consisting of people with experience pertinent to the roles, functions and performance agreements set out in the Bill.

   

(July 4, 6, October 3, 4, 25 - Act No. 52 of 2001)

 

WORKERS REHABILITATION AND COMPENSATION (DIRECTIONS OFFICERS) AMENDMENT BILL

 

The purpose of this Bill is to create the position of Directions Officer for the South Australian Workers Compensation Tribunal.

 

The Directions Officer will be responsible for ensuring that the parties have identified the real issues in dispute; have agreed all matters capable of agreement; have taken all reasonable steps to limit the duration of the hearing; and are able to proceed to trial on the dates allocated. The Act, as presently framed, would only allow a President of the Tribunal, under Section 81, or a Conciliation and Arbitration Officer to perform these functions.

 

Parties appearing before the Workers Compensation Tribunal will benefit in matters being resolved within more acceptable time frames by increasing the preparedness of parties to proceed to trial thus expediting matters.

   

(May 3, June 5, July 24, November 1 - Lapsed due to Prorogation)

 

YOUTH COURT (JUDICIAL TENURE) AMENDMENT BILL

 

The purpose of this Bill is to amend section 9 of the Youth Court Act by substituting a new subsection (9) that has the effect of increasing the term for which a person can be a member of the Youth Court’s principal judiciary from 5 years to 10 years (including a series of terms that aggregates 10 years).

   

(March 13, 27, 28, 29, April 10 - Act No. 14 of 2001)