LEGISLATIVE COUNCIL OF SOUTH AUSTRALIA ________________
STATISTICS ________________
FOURTH SESSION OF THE FORTY-SEVENTH PARLIAMENT ________________
11 August 1992 to 3 June 1993 ________________ |
TABLE OF CONTENTS ___________ |
MEMBERS OF THE LEGISLATIVE COUNCIL ___________ |
The Hon. Gordon Lindsay BRUCE (President of the Legislative Council) |
The Hon. John Charles BURDETT, LL.B. |
The Hon. Trevor CROTHERS |
The Hon. Legh Hewitson DAVIS, LL.B., B.Ec., A.A.S.A. |
The Hon. Henry Peter Kestel DUNN, R.D.A. |
The Hon. Michael John ELLIOTT, B.Sc., Grad.Dip.T. |
The Hon. Mario Severino FELEPPA |
The Hon. Ian GILFILLAN |
The Hon. Kenneth Trevor GRIFFIN, LL.M. |
The Hon. James Campbell IRWIN |
The Hon. Diana Vivienne LAIDLAW, B.A. |
The Hon. Judith Anne Winstanley LEVY, M.Sc. (Minister for the Arts and Cultural Heritage, Minister of Consumer Affairs, Minister for the Status of Women) |
The Hon. Robert Ivan LUCAS, B.Sc., B.Ec., M.B.A. (Leader of the Opposition, Legislative Council) |
The Hon. Bernice Swee Lian PFITZNER, M.B.B.S., M.D. |
The Hon. Carolyn Ann PICKLES, J.P. |
The Hon. Robert John RITSON, M.B., B.S. |
The Hon. Ronald Roy ROBERTS |
The Hon. Terance Gerald ROBERTS |
The Hon. Julian Ferdinand STEFANI, O.A.M. |
The Hon. Christopher John SUMNER, B.A., LL.B., Grad.Dip.Arts (Attorney-General, Minister of Public Sector Reform, Minister for Crime Prevention) |
The Hon. George WEATHERILL |
The Hon. Barbara Jean WIESE (Minister of Transport Development) |
OFFICERS OF THE LEGISLATIVE COUNCIL ___________ |
PRESIDENT |
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The Hon. Gordon Lindsay BRUCE |
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CLERK OF THE LEGISLATIVE COUNCIL |
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Mrs. Janice M. DAVIS, B.A.(Juris.) |
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DEPUTY CLERK AND USHER OF THE BLACK ROD |
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Mr. Trevor R. BLOWES, B.A. |
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CLERK-ASSISTANT |
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Mr. Christopher D. SCHWARZ, B.A.(Comm.) |
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PARLIAMENTARY OFFICER |
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Mr Paul D. TIERNEY, B.A. (Acting) |
___________ |
COMMITTEES APPOINTED UNDER |
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Appointed 11/12 February 1992 |
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The Hon HPK Dunn MLC |
The Hon P B Arnold MP |
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Committee Secretary: Mr. A. Murphy |
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Appointed 11/12 February 1992 |
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The Hon J C Burdett MLC |
Mr G M Gunn MP |
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Committee Secretary: Mr. D. Pegram, B.A. |
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Appointed 11/12 February 1992 |
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The Hon L H Davis MLC |
**Mr M J Atkinson MP |
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*Appointed 6 August 1992 |
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___________ | |||
Appointed 13 February 1990 |
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The President (The Hon G L Bruce MLC) |
The Speaker (The Hon N T Peterson MP) |
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Appointed 6 September 1990 |
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The President (The Hon G L Bruce MLC) |
The Speaker (The Hon N T Peterson MP) |
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___________ | |||
Appointed 6 August 1992 |
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The President (The Hon G L Bruce MLC) |
The Hon R R Roberts MLC |
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Appointed 6 August 1992 |
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The Hon HPK Dunn MLC |
The Hon R R Roberts MLC |
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___________ | |||
Appointed 21 March 1990 |
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The Hon JAW Levy MLC (Minister for |
The Hon T Crothers MLC |
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Appointed 5 September 1990 |
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The Hon JAW Levy MLC (Minister for |
The Hon I Gilfillan MLC |
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Appointed 19 October 1990 |
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The Hon I Gilfillan MLC |
The Hon R R Roberts MLC |
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Appointed 17 October 1990 |
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The Hon HPK Dunn MLC |
The Hon R R Roberts MLC |
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Appointed 10 April 1991 |
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The Hon M J Elliott MLC |
The Hon R J Ritson MLC |
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Appointed 29 April 1992 |
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The Hon T Crothers MLC |
The Hon R I Lucas MLC |
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THE EXTENT OF GAMBLING ADDICTION AND EFFECTS OF GAMING MACHINES |
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Appointed 7 May 1992 |
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The Hon J C Burdett MLC |
The Hon BSL Pfitzner MLC |
LIST OF BILLS CONSIDERED BY ___________ |
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Legislative Council origin |
53 |
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House of Assembly origin |
81 |
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Bills restored - |
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In Legislative Council - |
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Local Government (Miscellaneous Provisions) Amendment Bill |
1 |
|
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136 |
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Legislative Council origin |
42 |
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House of Assembly origin |
73 |
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Bills Restored |
2 |
117 |
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BILLS CONSIDERED BY COUNCIL WHICH HAVE NOT PASSED BOTH HOUSES |
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Legislative Council origin: |
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Foreign Ownership of Land Register Bill - lapsed in Council. |
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House of Assembly origin: |
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Consent to Medical Treatment and Palliative Care Bill - lapsed in Council. |
___________ |
The Council met on 63 days and sat for a total number of 404 hours 43 minutes. |
LIST OF BILLS WHICH PASSED BOTH ___________ |
Bill No. |
Act No. |
|
Acts Interpretation (Australia Acts) Amendment |
2 |
70 of 1992 |
Classification of Publications (Display of Indecent Matter) Amendment |
5, 5A |
40 |
Classification of Publications (Film Classification) Amendment |
92 |
27 |
Commercial Arbitration (Uniform Provisions) Amendment |
25 |
64 of 1992 |
Controlled Substances (Classification of Offences) Amendment |
23 |
44 of 1992 |
Courts Administration |
19, 19A |
11 |
Criminal Injuries Compensation (Miscellaneous) Amendment |
99, 99A |
48 |
Criminal Law (Sentencing) (Education Programmes) Amendment |
97 |
33 |
Criminal Law (Sentencing) (Suspension of Vehicle Registration) Amendment |
26, 26A |
73 of 1992 |
Criminal Law Consolidation (Application of Criminal Law) Amendment |
1 |
63 of 1992 |
Equal Opportunity (Compulsory Retirement) Amendment |
100, 100A |
35 |
Equal Opportunity (Employment of Juniors) Amendment |
6, 6A |
56 of 1992 |
Evidence (Miscellaneous) Amendment |
91 |
53 |
Evidence (Vulnerable Witnesses) Amendment |
79, 79A |
37 |
Expiation of Offences (Divisional Fees) Amendment |
10 |
72 of 1992 |
Financial Transactions Reports (State Provisions) |
27 |
74 of 1992 |
Harbors and Navigation |
50 |
41 |
Land Agents, Brokers and Valuers (Mortgage Financiers) Amendment |
72, 72A |
8 |
Legal Practitioners (Reform) Amendment |
78, 78A |
22 |
Limitation of Actions (Mistake of Law or Fact) Amendment |
107, 107A |
39 |
Local Government (City of Adelaide Wards) Amendment |
9, 9A |
54 of 1992 |
Local Government (Financial Management) Amendment |
39, 39A |
85 of 1992 |
Members of Parliament (Register of Interests) (Returns) Amendment |
73, 73A |
64 |
Motor Vehicles (Confidentiality) Amendment |
46 |
87 of 1992 |
Motor Vehicles (Wrecked or Written-Off Vehicles) Amendment |
61 |
4 |
Parliamentary Committees (Publication of Reports) Amendment |
52 |
79 of 1992 |
Public Corporations |
68, 68A |
36 |
Road Traffic (Miscellaneous) Amendment |
88 |
32 |
Road Traffic (Pedal Cycles) Amendment |
69, 69A |
10 |
South Australian Country Arts Trust |
8, 8A |
57 of 1992 |
State Bank of South Australia (Investigations) Amendment |
62 |
86 of 1992 |
Statutes Amendment (Attorney-General’s Portfolio) |
109, 109A |
34 |
Statutes Amendment (Commercial Licences) |
7 |
55 of 1992 |
Statutes Amendment (Courts) |
108 |
62 |
Statutes Amendment (Expiation of Offences) |
11 |
71 of 1992 |
Statutes Amendment (Motor Vehicles and Wrongs) |
51, 51A |
5 |
Statutes Amendment (Right of Reply) |
38 |
76 of 1992 |
Summary Offences (Road Blocks) Amendment |
3 |
53 of 1992 |
Summary Procedure (Summary Protection Orders) Amendment |
4, 4A |
75 of 1992 |
Trade Measurement |
105 |
42 |
Trade Measurement Administration |
106, 106A |
43 |
Whistleblowers Protection |
74, 74A |
21 |
Bill No. |
Act No. |
|
Aboriginal Lands Trust (Miscellaneous) Amendment |
95 |
16 |
Ambulance Services |
42, 42A |
92 of 1992 |
Animal and Plant Control (Agricultural Protection and Other Purposes) (Immunity from Liability) Amendment |
36 |
61 of 1992 |
Appropriation |
31,31A,31B |
62 of 1992 |
Barley Marketing |
98, 98A |
23 |
Botanic Gardens (Miscellaneous) Amendment |
40 |
59 of 1992 |
Business Franchise (Petroleum Products) (Fees) |
32 |
58 of 1992 |
Construction Industry Long Service Leave (Miscellaneous) Amendment |
45, 45A |
80 of 1992 |
Construction Industry Training Fund |
70, 70A |
17 |
Dairy Industry |
59, 59A |
77 of 1992 |
Dangerous Substances (Equipment and Permits) Amendment |
53 |
81 of 1992 |
Debits Tax (Rates) Amendment |
16 |
48 of 1992 |
Development |
110, 110A |
55 |
Disability Services |
93 |
18 |
Dog Control (Dangerous Breeds) Amendment |
81, 81A |
7 |
Dried Fruits |
120 |
47 |
Dried Fruits (Extension of Term of Office) Amendment |
63 |
82 of 1992 |
Economic Development |
82, 82A |
24 |
Education (Non-Government Schools) Amendment |
96 |
19 |
Education (Truancy) Amendment |
119, 119A |
60 |
Electricity Trust of South Australia (Superannuation) Amendment |
116 |
28 |
Environment, Resources and Development Court |
111, 111A |
63 |
Financial Institutions Duty (Reduction of Duty) Amendment |
127 |
49 |
Firearms (Miscellaneous) Amendment |
65,65A,65B, 65C |
13 |
Friendly Societies (Miscellaneous) Amendment |
49 |
66 of 1992 |
Fruit and Plant Protection |
37, 37A |
67 of 1992 |
Government Management and Employment (Miscellaneous) Amendment |
56, 56A |
20 |
Guardianship and Administration |
103,103A, 103B |
61 |
Heritage |
130, 130A |
56 |
Industrial Relations Advisory Council (Removal of Sunset Clause) Amendment |
94 |
15 |
Industrial Relations (Miscellaneous Provisions) Amendment |
55, 55A |
93 of 1992 |
Land Tax (Rates) Amendment |
35 |
50 of 1992 |
Liquor Licensing (Fees) Amendment |
22 |
46 of 1992 |
Liquor Licensing (Fees) Amendment |
125 |
50 |
Mental Health |
104, 104A, 104B |
59 |
Mining (Precious Stones Field Ballots) Amendment |
80 |
3 |
National Parks and Wildlife (Miscellaneous) Amendment |
132 |
45 |
Occupational Health, Safety and Welfare (Plant) Amendment |
123 |
46 |
Occupational Health, Safety and Welfare (Registration Fees) Amendment |
122 |
51 |
Pay-roll Tax (Exemptions) Amendment |
34 |
51 of 1992 |
Police (Police Aides) Amendment |
41 |
60 of 1992 |
Police Superannuation (Miscellaneous) Amendment |
21 |
52 of 1992 |
Police Superannuation (Superannuation Guarantee) Amendment |
87 |
12 |
Public and Environmental Health (Review) Amendment |
84, 84A |
9 |
Public Finance and Audit (Miscellaneous) Amendment |
76, 76A |
6 |
Racing (Dividend Adjustment) Amendment |
13 |
41 of 1992 |
Racing (Miscellaneous) Amendment |
114, 114A |
29 |
South Australian Health Commission (Incorporated Hospitals and Health Centres) Amendment |
90 |
14 |
South Australian Tourism Commission |
101, 101A |
26 |
Stamp Duties (Penalties, Reassessments and Securities) Amendment |
60, 60A |
88 of 1992 |
Stamp Duties (Rates) Amendment |
17 |
42 of 1992 |
State Lotteries (Soccer Pools and Other) Amendment |
33 |
65 of 1992 |
Statutes Amendment (Chief Inspector) |
75 |
1 |
Statutes Amendment (Fisheries) |
89, 89A |
31 |
Statutes Amendment (Public Actuary) |
48, 48A |
69 of 1992 |
Statutes Repeal and Amendment (Development) |
112, 112A |
54 |
Superannuation (Benefit Scheme) |
57, 57A |
89 of 1992 |
Superannuation (Scheme Revision) Amendment |
58, 58A |
91 of 1992 |
Superannuation (Visiting Medical Officers) |
115 |
30 |
Superannuation (Voluntary Separation) Amendment |
128 |
44 |
Supply (No. 1) |
86 |
25 |
Supply (No. 2) |
15 |
45 of 1992 |
Supported Residential Facilities |
43, 43A |
90 of 1992 |
The Flinders University of South Australia (Miscellaneous) Amendment |
64 |
83 of 1992 |
Tobacco Products (Licensing) (Fees) Amendment |
18 |
47 of 1992 |
Tobacco Products (Licensing) (Fees) Amendment |
126 |
38 |
Waterworks (Residential Rating) Amendment |
47 |
68 of 1992 |
Wine Grapes Industry (Indicative Prices) Amendment |
71 |
78 of 1992 |
Workers Rehabilitation and Compensation (Declaration of Validity) |
83 |
2 |
Workers Rehabilitation and Compensation (Miscellaneous) Amendment |
44 |
84 of 1992 |
Workers Rehabilitation and Compensation (Review Authorities) Amendment |
102, 102A |
52 |
Young Offenders |
117, 117A |
57 |
Youth Court |
118, 118A |
58 |
RESTORED BILLS - in House of Assembly |
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Bill No. |
Act No. |
|
Gaming Machines |
- |
49 of 1992 |
Local Government (Miscellaneous Provisions) Amendment |
14 |
43 of 1992 |
LIST OF BILLS INTRODUCED IN AND ___________ |
|
NO. OF AMENDMENTS |
Classification of Publications (Display of Indecent Matter) Amendment |
1 |
Courts Administration |
20 |
Criminal Injuries Compensation (Miscellaneous) Amendment |
8 |
Criminal Law (Sentencing) (Suspension of Vehicle Registration) Amendment |
2 |
Equal Opportunity (Compulsory Retirement) Amendment |
1 |
Equal Opportunity (Employment of Juniors) Amendment |
2 |
Evidence (Vulnerable Witnesses) Amendment |
5 |
Harbors and Navigation |
13 |
Land Agents, Brokers and Valuers (Mortgage Financiers) Amendment |
2 |
Legal Practitioners (Reform) Amendment |
8 |
Limitation of Actions (Mistake of Law or Fact) Amendment |
2 |
Local Government (City of Adelaide Wards) Amendment |
1 |
Local Government (Financial Management) Amendment |
1 |
Members of Parliament (Register of Interests) (Returns) Amendment |
11 |
Public Corporations |
89 |
Road Traffic (Pedal Cycles) Amendment |
7 |
South Australian Country Arts Trust |
14 |
Statutes Amendment (Motor Vehicles and Wrongs) |
3 |
Summary Procedure (Summary Protection Orders) Amendment |
8 |
Trade Measurement Administration |
2 |
Whistleblowers Protection |
17 |
LIST OF HOUSE OF ASSEMBLY BILLS ___________ |
|
No. of |
No. of |
No. of |
No. of |
No. of |
|
Ambulance Services |
5 |
1 |
4 |
4 |
- |
- |
Appropriation |
3 |
3 |
- |
- |
- |
- |
Barley Marketing |
3 |
3 |
- |
- |
- |
- |
Construction Industry Long Service Leave (Miscellaneous) Amendment |
4 |
- |
4 |
- |
4 |
Agreement |
Construction Industry Training Fund |
8 |
8 |
- |
- |
- |
- |
Dairy Industry |
4 |
2 |
- |
2 |
- |
- |
Development |
62 |
25 |
37 |
37 |
- |
- |
Dog Control (Dangerous Breeds) Amendment |
1 |
1 |
- |
- |
- |
- |
Economic Development |
10 |
9 |
- |
1 |
- |
- |
Education Truancy |
2 |
2 |
2 |
- |
- |
- |
Environment, Resources and Development Court |
18 |
18 |
- |
- |
- |
- |
Firearms (Miscellaneous) Amendment |
1 |
1 |
- |
- |
- |
- |
Fruit and Plant Protection |
4 |
4 |
- |
- |
- |
- |
Government Management and Employment (Miscellaneous) Amendment |
12 |
12 |
- |
- |
- |
- |
Guardianship and Administration |
11 |
5 |
6 |
- |
6 |
Agreement |
Heritage |
11 |
11 |
- |
- |
- |
- |
Industrial Relations (Miscellaneous Provisions) Amendment |
31 |
- |
31 |
16 |
15 |
- |
Mental Health |
25 |
25 |
- |
- |
- |
- |
Mutual Recognition (South Australia) |
9 |
- |
9 |
- |
9 |
No Agreement |
Public and Environmental Health (Review) Amendment |
1 |
1 |
- |
- |
- |
- |
Public Finance and Audit (Miscellaneous) Amendment |
5 |
4 |
1 |
1 |
- |
- |
Racing (Miscellaneous) Amendment |
1 |
1 |
- |
- |
- |
- |
South Australian Tourism Commission |
2 |
2 |
- |
- |
- |
- |
Stamp Duties (Penalties, Reassessments and Securities) Amendment |
4 |
4 |
- |
- |
- |
- |
Statutes Amendment (Fisheries) |
4 |
- |
4 |
- |
4 |
Agreement |
Statutes Amendment (Public Actuary) |
1 |
1 |
- |
- |
- |
- |
Statutes Repeal and Amendment (Development) |
9 |
9 |
- |
- |
- |
- |
Superannuation (Benefit Scheme) |
5 |
5 |
- |
- |
- |
- |
Superannuation (Scheme Revision) Amendment |
3 |
3 |
- |
- |
- |
- |
Supported Residential Facilities |
7 |
7 |
- |
- |
- |
- |
Workers Rehabilitation and Compensation (Review Authorities) Amendment |
10 |
10 |
- |
- |
- |
- |
Young Offenders |
24 |
24 |
- |
- |
- |
- |
Youth Court |
3 |
3 |
- |
- |
- |
- |
SUBSTANTIVE MOTIONS AND RESOLUTIONS ___________ |
Moved by The Hon. R. R. Roberts, 11 August, 1992. Seconded by The Hon. T. G. Roberts, 11 August, 1992. Adopted and presented to Her Excellency the Governor on 25 August, 1992. |
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First Report of the Royal Commission into the State Bank of South Australia - |
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Moved by the Attorney-General, 18 November 1992, amendment moved by The Hon. I. Gilfillan, amendment agreed to and motion, as amended, agreed to, 18 November 1992. |
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Second Report of the Royal Commission into the State Bank of South Australia - |
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Moved by the Attorney-General, 10 March 1993. (Motion lapsed due to Prorogation.) |
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Re Minister of Tourism and Consumer Affairs concerning misleading the Legislative Council - |
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Moved by The Hon. R. I. Lucas, 26 August 1992, amendment moved by The Hon. M. J. Elliott, amendment agreed to and motion, as amended, agreed to, 26 August 1992. |
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Circumstances Related to The Stirling Council pertaining to and arising from the Ash Wednesday 1980 Bushfires and Related Matters |
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Power to sit during present Session - moved by the Minister for the Arts and Cultural Heritage and agreed to, 6 August 1992. |
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Power to sit during recess - moved by the Minister for the Arts and Cultural Heritage and agreed to, 31 March 1993. |
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Control and Illegal Use of Drugs of Dependence |
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Power to sit during present Session - moved by The Hon. C. A. Pickles and agreed to, 6 August 1992. |
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Power to sit during recess - moved by The Hon. C. A. Pickles and agreed to, 31 March 1993. |
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Country Rail Services in South Australia |
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Power to sit during present Session - moved by The Hon. G. Weatherill and agreed to, 6 August 1992. |
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Power to sit during recess - moved by The Hon. G. Weatherill and agreed to, 31 March 1993. |
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Extent of Gambling Addiction and Effects of Gaming Machines |
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Power to sit during present Session - moved by The Hon. T. Crothers and agreed to, 6 August 1992. |
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Power to sit during recess - Moved by The Hon. T. Crothers and agreed to, 31 March 1993. |
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Penal System in South Australia |
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Power to sit during present Session - moved by The Hon. I. Gilfillan and agreed to, 6 August 1992. |
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Power to sit during recess - moved by The Hon. I. Gilfillan and agreed to, 31 March 1993. |
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Redevelopment of the Marineland Complex and Related Matters - |
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Power to sit during present Session - moved by the Minister for the Arts and Cultural Heritage and agreed to, 6 August 1992. |
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Power to sit during recess - moved by the Minister for the Arts and Cultural Heritage and agreed to, 31 March 1993. |
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Review of Certain Statutory Authorities |
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Power to sit during present Session - moved by The Hon. T. G. Roberts and agreed to, 6 August 1992. |
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Power to sit during recess - Moved by The Hon. T. G. Roberts and agreed to, 31 March 1993. |
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Parliamentary Privilege - |
||
Power for Council Members to act on Joint Committee during present Session - Moved by the Attorney-General, 6 August 1992. |
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Power for Council Members to act on Joint Committee during recess - Moved by the Attorney-General, 5 May 1993. |
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Workers Rehabilitation and Compensation System - |
||
Power for Council Members to act on Joint Committee during present Session - Moved by the Attorney-General, 6 August 1992. |
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Second Interim Report brought up, 26 November 1992. |
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Final Report brought up, 21 April 1993. |
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MOTIONS FOR DISALLOWANCE OF REGULATIONS, RULES AND BY-LAWS - |
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Moved by Member on own behalf - |
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Freedom of Information Act Regulations - Exempt Agency - Senior Secondary Assessment Board - Revocation and Replacement - |
||
Marine Environment Protection Act Regulations - Variation (Interpretation Business) - |
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Optometrists Act Regulations - Optometrists and Optical Dispensers - |
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Planning Act Regulations - Development Controls (Local Government) - |
||
Moved by Member on behalf of Legislative Review Committee - |
||
Boating Act Regulations - Commencement of Hire and Drive - |
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Corporation of the City of Brighton - By-law No. 1 - Regulating Bathing and Controlling of Foreshore - Moved by The Hon. M. S. Feleppa, 21 October 1992 and agreed to, 21 October 1992. |
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Moved by The Hon. M. J. Elliott, 30 March 1993, and disagreed to, 31 March 1993. |
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Alice Springs to Darwin, Transcontinental Railway - |
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Moved by The Hon. D. V. Laidlaw, 28 April 1993, amendment moved by The Hon. R. R. Roberts, amendment agreed to and motion, as amended, agreed to, 5 May 1993. |
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Craigburn Farm - |
||
Moved by The Hon. M. J. Elliott, 31 March 1993, and agreed to, 5 May 1993. |
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Environment, Resources and Development Committee Report - First Report - Noting of - |
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Moved by The Hon. T. G. Roberts, 26 August 1992, and agreed to, 9 September 1992. |
||
Environment, Resources and Development Committee - Second Report - Noting of - |
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Moved by The Hon. T. G. Roberts, 26 November 1992, and agreed to, 26 November 1992. |
||
Environment, Resources and Development Committee - Third Report - Noting of - |
||
Moved by The Hon. T. G. Roberts, 10 March 1993. (Motion lapsed due to Prorogation.) |
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Goolwa to Hindmarsh Island Bridge - Referral to Environment, Resources and Development Committee - |
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Moved by The Hon. D. V. Laidlaw, 10 February 1993, and agreed to, 21 April 1993. |
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Immunisation Programme - |
||
Moved by The Hon. B.S.L. Pfitzner, 28 October 1992, amendment moved by The Hon. C. A. Pickles, amendment agreed to and motion, as amended, agreed to, 25 November 1992. |
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Legislative Review Committee - Interim Report - Noting of - |
||
Moved by The Hon. M. S. Feleppa, 28 April 1993. (Motion lapsed due to Prorogation.) |
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Oil Spill at Port Bonython - |
||
Moved by The Hon. D. V. Laidlaw, 9 September 1992, amendment moved by The Hon. M. J. Elliott, 7 October 1992, amendment moved by The Hon. J. C. Burdett to the amendment moved by The Hon. M. J. Elliott, agreed to; amendment moved by The Hon. M. J. Elliott, as amended by The Hon. J. C. Burdett, agreed to and motion, as amended, agreed to, 14 October 1992. |
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Rape in Marriage - Remarks by Justice Bollen - |
||
Moved by The Hon. M. J. Elliott, 5 May 1993. (Motion lapsed due to Prorogation.) |
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School Staffing Policies - |
||
Moved by The Hon. R. I. Lucas, 10 February 1993, amendment moved by The Hon. M. J. Elliott, 3 March 1993. (Motion lapsed due to Prorogation.) |
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Social Development Committee - First Report - Noting of - |
||
Moved by The Hon. C. A. Pickles, 25 November 1993, and agreed to, 10 February 1993. |
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Solar Powered Railways - |
||
Moved by The Hon. T. Crothers, 5 May 1993. (Motion lapsed due to Prorogation.) |
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Waite Institute - |
||
Moved by The Hon. R. I. Lucas, 14 October 1992. (Motion lapsed due to Prorogation.) |
___________ |
CITIZENS’ INITIATED REFERENDA |
||
Praying that Council will call upon the Government to hold a Referendum on Citizens Initiated Referenda, in conjunction with the next SA Local Government elections, as a means of determining the will of all South Australians in this matter. |
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Presented by The Hon. D. V. Laidlaw, 19 August 1992, 275 signatures. |
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JUSTICE BOLLEN’S SUMMING UP TO JURY IN A RAPE IN MARRIAGE TRIAL |
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Praying that the Council will:- |
||
1. |
look into ways and means of officially condemning the statement and officially warning Justice Bollen of his unacceptable attitude of gender discrimination; |
|
2. |
request the Government to encourage and promote education for the judiciary into attitudes which discourage any forms of domestic violence; and |
|
3. |
request the Government take a lead in gender sensitivity training for law enforcement personnel and judges. |
|
Presented by The Hon. B.S.L. Pfitzner, 11 February 1993, 129 signatures. |
||
OCCULT, TEACHING OF IN SCHOOLS |
||
Praying that the Council will call upon the Minister of Education, Employment and Training to:- |
||
1. |
reclassify all such printed materials as unsuitable teaching aids and have it immediately removed from the classroom curriculum and school libraries; and |
|
2. |
formalise policies which will exclude the direct and indirect references to and teaching of the occult and/or associated practices within public schools. |
|
Presented by The Hon. R. R. Roberts, 11 February 1993, 87 signatures. |
||
SOUTH AUSTRALIAN PLANNING COMMISSION |
||
Praying that the Council will urge the Corporation of the City of Henley and Grange and the Planning Commission to have regard to concerns and reject the proposed housing development by Prominent Constructions. |
||
Presented by The Hon. D. V. Laidlaw, 13 August 1992, 108 signatures. |
||
STATE LIBRARY, OPENING HOURS |
||
Praying that this Council will urge the Government to provide the State Library with the funds necessary to restore sensible opening hours. |
||
Presented by The Hon. R. R. Roberts, 29 April 1993, 3 signatures. |
||
STA, DEMOLITION OF TRAM BARN A FOR PARKLANDS |
||
Praying that Council will request the immediate return of the area in the vacant State Transport Authority area - Hackney, now occupied by a building known as Tram Barn A. And further, the Council will direct the Government to order the demolition of this building to make way for Parklands. |
||
Presented by The Hon. I. Gilfillan, 10 September, 1992, 55 signatures. |
___________ |
ACTS INTERPRETATION (AUSTRALIA ACTS) AMENDMENT BILL |
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The purpose of this Bill is to provide that any law made before the commencement of the Australia Acts is as valid as it would have been if the Australia Acts had been in operation when the law was made. |
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Concern has been expressed that legislation passed before the Australia Acts might still be held to be invalid in respect of State legislative power to make laws having extra-territorial operation and the possibility of repugnancy to United Kingdom law. The Special Committee of Solicitors-General recommended to the Standing Committee of Attorneys-General which accepted the advice, that each jurisdiction pass legislation declaring the validity of all legislation in place at the date that the Australia Acts came into operation. |
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(August 11, September 8, October 7, 13 and November 12 - Act No. 70 of 1992) |
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CLASSIFICATION OF PUBLICATIONS (FILM CLASSIFICATION) AMENDMENT BILL |
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This Bill makes amendments to the Act which implement decisions made at the Council of Australian Governments Meeting when it was agreed to amend State and Territory classification legislation to implement a new "MA" classification by 1 May 1993. |
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This classification replaces part of the existing "M" classification. Films (including videos) at the "lower" end of the existing classification will continue to be classified "M" and be recommended for viewing by persons 15 years and over. Films considered to be unsuitable for viewing by persons under 15 years will fall into the new "MA" classification and may not be:- |
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(a) |
sold, hired or delivered to persons under 15 years of age other than by a parent or guardian; |
||
(b) |
exhibited to persons under 15 years of age unless they are accompanied by their parent or guardian. |
||
(March 10 and 24 - Act No. 27 of 1993) |
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CLASSIFICATION OF PUBLICATIONS (DISPLAY OF INDECENT MATTER) AMENDMENT BILL |
|||
This Bill amends section 14a of the Act in relation to the conditions that are to apply to the display of category 1 restricted publications. The amendment requires such publications either to be displayed in racks or other receptacles that prevent the display of any prescribed matter, or in opaque material (that does not depict any prescribed matter). |
|||
Restrictions are also placed on the manner in which category 1 restricted publications can be advertised if the advertising depicts any prescribed matter. "Prescribed matter" is defined to mean prescribed matter under section 13 of the Act, being matter (detailed in section 13) that results in a publication being classified under the Act. |
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(August 12, October 7, 14, November 11, 25, 26 and May 6 - Act No. 40 of 1993) |
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COMMERCIAL ARBITRATION (UNIFORM PROVISIONS) ACT AMENDMENT BILL |
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In 1984 the Standing Committee of Attorneys-General adopted a uniform Commercial Arbitration Bill which has now, with minor variations, been enacted in all jurisdictions. |
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The substance of this Bill has also been approved by the Standing Committee of Attorneys-General. |
|||
Several of the amendments are purely for the sake of uniformity. |
|||
An automatic right to legal representation is provided where the amount in dispute exceeds $20,000 or a prescribed amount. |
|||
New provisions are included to make clear that legal practitioners who are not admitted to practice in South Australia may represent parties in an arbitration. |
|||
Previously, only the parties, by agreement, or the court, by order, could consolidate proceedings. It is now proposed that arbitrators or umpires may themselves make orders for the consolidation of arbitration proceedings. |
|||
The Bill makes clear that the rules of natural justice apply where an arbitrator has attempted to settle a dispute before proceeding to arbitration. |
|||
Also provision is made for parties "to contract" to alternative dispute resolution mechanism rather than "contract out", as previously provided. |
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A provision is inserted which requires an arbitrator, when exercising the discretion to award costs, to take into account both the fact than an offer of compromise has been made and the term of that offer. |
|||
Decisions in New South Wales and Victoria tend towards the courts adopting an enlarged scope for judicial review of arbitral awards, contrary to the original intention. The Bill now specifies the circumstances in which a court may exercise its discretion to grant an application for lease to appeal. |
|||
Section 46 is amended to re-express the grounds on which the court must be satisfied before exercising its powers following delay by a party. |
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(September 9, October 7, 8, 13 and 29 - Act No. 64 of 1992) |
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CONTROLLED SUBSTANCES (CLASSIFICATION OF OFFENCES) AMENDMENT BILL |
|||
In 1991, the Parliament legislated a very complex and detailed package of Bills which restructured the civil and criminal courts. One of the more significant contributors to the workload of the District Court were, and are, drug offences. The package proposed to remove some of the more minor cannabis and other drug offences from the District Court into the Magistrates Court. One of the changes related to drugs other than cannabis. The change was an attempt to transfer minor non-cannabis trafficking offences from the category of a major indictable offence carrying a maximum of 25 years and/or a fine of $500,000 to the category of a minor indictable offence carrying a maximum of 5 years and/or fine of $25,000. This was proposed to be done within the existing sentencing structure of the Controlled Substances Act by reference to the amount of the drug involved in the offence. |
|||
In 1991, the Parliament legislated a very complex and detailed package of Bills which restructured the civil and criminal courts. One of the more significant contributors to the workload of the District Court were, and are, drug offences. The package proposed to remove some of the more minor cannabis and other drug offences from the District Court into the Magistrates Court. One of the changes related to drugs other than cannabis. The change was an attempt to transfer minor non-cannabis trafficking offences from the category of a major indictable offence carrying a maximum of 25 years and/or a fine of $500,000 to the category of a minor indictable offence carrying a maximum of 5 years and/or fine of $25,000. This was proposed to be done within the existing sentencing structure of the Controlled Substances Act by reference to the amount of the drug involved in the offence. |
|||
In 1991, the Parliament legislated a very complex and detailed package of Bills which restructured the civil and criminal courts. One of the more significant contributors to the workload of the District Court were, and are, drug offences. The package proposed to remove some of the more minor cannabis and other drug offences from the District Court into the Magistrates Court. One of the changes related to drugs other than cannabis. The change was an attempt to transfer minor non-cannabis trafficking offences from the category of a major indictable offence carrying a maximum of 25 years and/or a fine of $500,000 to the category of a minor indictable offence carrying a maximum of 5 years and/or fine of $25,000. This was proposed to be done within the existing sentencing structure of the Controlled Substances Act by reference to the amount of the drug involved in the offence. |
|||
(September 8 and 9 - Act No. 44 of 1992) |
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COURTS ADMINISTRATION BILL |
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This Bill represents a far-reaching, innovative and accountable system of judiciary based courts administration. The Bill establishes a statutory body, the State Courts Administration Council, with the management responsibility for the administrative affairs of the Supreme Court, District Court, Magistrates Court, Children’s Court and Coroners Court being vested in a Judicial Council. The Council which comprises the Chief Justice of the Supreme Court, the Chief Judge of the District Court and the Chief Magistrate, together with a non-voting associate member of each of these members of Council, is charged by the Bill with the responsibility of providing or arranging for the provision of the administrative facilities and services for participating courts that are necessary to enable the courts to carry out their judicial functions. |
|||
The "participating courts", which are the subject of the Judicial Council’s responsibility, are the Supreme Court, the District Court, the Children’s Court of South Australia, the Magistrates Court, Coroners Court, and any other prescribed court or tribunal. |
|||
The Council has been vested with the necessary powers to carry out the responsibilities assigned to it, including the control of a number of obligations fixed upon the Council in respect of the discharge of its duties. |
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The State Courts Administrator (the Chief Executive Officer of the Council) is to be appointed by the Governor on the nomination of the Council for a term of up to 5 years and is not a member of the Public Service. |
|||
(August 27, October 7, 13, February 9, 11, 16 and March 10 - Act No. 11 of 1993) |
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CRIMINAL INJURIES COMPENSATION (MISCELLANEOUS) AMENDMENT BILL |
|||
This Bill makes a number of amendments to the Criminal Injuries Compensation Act. An applicant for compensation will be required to notify the Crown Solicitor three months before making an application to the court. |
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The Bill introduces a new method for the calculation of the compensation under the Act. Non-financial loss (defined in the Bill to be pain and suffering, loss of amenities of life, loss of expectation of life and disfigurement) is to be assigned a numerical value on a scale running from 0-50; the greater the severity of the non-financial loss, the greater the number. The amount to be awarded for non-financial loss is to be calculated by multiplying the number assigned by $1,000. This means that the maximum amount of non-financial loss will be $50,000. |
|||
Section 7(9a) is expanded to include two factors not presently required to be taken into account. Section 7(9) currently requires the court to have regard to the extent to which the victim’s conduct may have contributed directly or indirectly to the commission of the offence or the victim’s injury when determining an application for and the quantum of compensation. Paragraph (c) of the clause amends this provision to make it clear that the victim’s conduct that will be relevant for this purpose need not necessarily form part of the circumstances immediately surrounding the offence or injury. |
|||
Section (9a) currently provides that the court must not make an order for compensation in favour of a claimant who hindered police investigations of the offence to a significant extent by failing, without good reason, to report the offence within a reasonable time or to co-operate properly with the police. This provision is widened to exclude compensation where the investigation or prosecution of the offence was not commenced or was terminated or hindered to a significant extent. |
|||
New section 7(14) relocates and clarifies the provision dealing with the inter-relationship of this Act and the Motor Vehicles’ Insurance provisions. |
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Provision is made for the Crown to be represented in preliminary or interlocutory proceedings or proceedings for a consent order by a person nominated by the Attorney-General. |
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The ex gratia payment provisions are expanded to allow for payment to persons ordinarily resident in this State who are injured out of the jurisdiction. |
|||
The Bill increases the levy payments which provide revenue to the Criminal Injuries Compensation Fund. |
|||
In order for the Crown to be able to settle certain matters, without seeking the approval of the Attorney-General in every case, a delegation power has been included. |
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(March 24, April 20, 22, May 4 and 6 - Act No. 48 of 1993) |
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CRIMINAL LAW (SENTENCING) (EDUCATION PROGRAMMES) AMENDMENT BILL |
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This Bill seeks to amend the Criminal Law (Sentencing) Act by providing for the approval of educational programmes for certain classes of offender. |
|||
The Bill provides a sentencing option to enable a court to impose a bond condition requiring a defendant to attend an educational course. |
|||
In the first instance it is intended to approve programmes dealing with shop stealing, domestic violence and offences under section 46 of the Road Traffic Act (driving in a manner dangerous to the public). |
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(March 23, April 20 and May 4 - Act No. 33 of 1993) |
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CRIMINAL LAW (SENTENCING) (SUSPENSION OF VEHICLE REGISTRATION) AMENDMENT BILL |
|||
This Bill seeks to make further amendment to the Criminal Law (Sentencing) Act 1988 to allow for the court to suspend the registration of motor vehicles registered in the name of a company where the company is in default of payment of a pecuniary sum imposed on the company in relation to an offence arising out of the use of a motor vehicle of which it is the registered owner. The offences to which the scheme will relate are those traffic offences where the owner of the vehicle, as well as the driver, is guilty of an offence, for example, parking offences, speeding offences and "red light camera" offences, but where the driver has not been named by the registered owner of the vehicle. |
|||
The compulsory third party insurance will also be automatically suspended until such time as the sum is fully satisfied. |
|||
The Registrar of Motor Vehicles will not be empowered to register any other vehicles in the name of the company until such time as the outstanding sum is fully paid. |
|||
The court may revoke the order for suspension if satisfied that the sum in default has been reduced and that continued suspension would result in hardship. |
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(September 9, October 7, 8, 15, 22 and November 12 - Act No. 73 of 1992) |
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CRIMINAL LAW CONSOLIDATION (APPLICATION OF CRIMINAL LAW) AMENDMENT BILL |
|||
This Bill represents the considered best legislative solution to the problems experienced by the Courts in relation to the territorial rule of the common criminal law and the specific problem raised in Thompson (1989) 63 ALJR 447. In this case, the High Court agreed that the location of the offence need only be proved on the balance of probabilities. This raised significant doubts as to whether that would or should have been the result if there had been a significant difference between the applicable criminal laws of the two possible criminal jurisdictions. |
|||
The Bill has been accepted both by the Solicitors-General and the Standing Committee of Attorneys-General, and the draft has been considered and accepted by the Committee of Parliamentary Counsel. Accordingly, it has been recommended that it be enacted in each Australian criminal jurisdiction. |
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(August 11, September 8, 9, October 13 and 29 - Act No. 63 of 1992) |
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EQUAL OPPORTUNITY (COMPULSORY RETIREMENT) AMENDMENT BILL |
|||
This Bill amends the Equal Opportunity Act 1984 by extending the sunset period within which compulsory retirement is allowed to remain as an exemption to the general provisions prohibiting discrimination on the basis of age in the Equal Opportunity Act. |
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(March 24, April 28, 29 and May 4 - Act No. 35 of 1993) |
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EQUAL OPPORTUNITY (EMPLOYMENT OF JUNIORS) AMENDMENT BILL |
|||
This Bill amends the Equal Opportunity Act to allow employers to advertise for employees at junior rates of pay. Amendments to the Equal Opportunity Act, dealing with discrimination on the ground of age, came into operation on 1 June, 1991. However, if a junior is appointed to a position and the relevant award provides for a junior rate of pay, then the employee may be paid at the junior rate of pay. |
|||
The amendment recognises that it is anomalous to prohibit advertising for a junior so long as junior rates of pay continue to be included in awards and provides that employers are able to advertise for juniors where the work to be performed is covered by an award or an industrial agreement, and such award or agreement contains junior rates of pay. |
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(August 12, 25, 27 and October 21 - Act No. 56 of 1992) |
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EVIDENCE (MISCELLANEOUS) AMENDMENT BILL |
|||
This Bill makes miscellaneous amendments to the Evidence Act 1929. Two of the amendments deal with the evidence of children. New section 12A makes it clear that where the evidence of a child has been given on oath, or assimilated to evidence given on oath, there is no rule of law or practice obliging a judge, in a criminal trial, to warn the jury that it is unsafe to convict on the uncorroborated evidence of the child. |
|||
The other amendment is to section 21. Section 21 provides that a close relative of a person charged with an offence is competent and compellable to give evidence for the prosecution in any proceedings in relation to the charge, but the prospective witness can apply to the court for an exemption from the obligation to give evidence. The amendment provides that if the prospective witness is a young child, or is mentally impaired, the court should consider whether to grant an exemption even though no application for exemption has been made and may proceed to grant the exemption accordingly. |
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A further amendment allows magistrates, like judges of the Supreme and District Courts, to grant orders to inspect and take copies of banking records. |
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Provision is made for courts to take evidence from a place outside the State by video link or any other form of telecommunication that the court thinks appropriate in the circumstances. |
|||
New section 67c protects the confidentiality of private dispute resolution except in certain circumstances. |
|||
Minor amendments are made to the suppression order provisions. |
|||
Section 351a of the Criminal Law Consolidation Act has been transferred to the Evidence Act. |
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(March 10, 24 and April 29 - Act No. 53 of 1993) |
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EVIDENCE (VULNERABLE WITNESSES) AMENDMENT BILL |
|||
This Bill seeks to amend the Evidence Act 1929 in accordance with the recommendations made in the White Paper on the Courtroom Environment and Vulnerable Witnesses. A "vulnerable witness" has been defined to include the young, the intellectually disabled, alleged victims of sex-related offences and others who are at some special disadvantage because of their circumstances. |
|||
The Bill provides that a court should order special arrangements to be made for the taking of evidence from a witness if it is practicable and desirable to do so to protect the witness from embarrassment or distress, to protect the witness from being intimidated by the atmosphere of a courtroom or for any other proper reason. |
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Examples of the kinds of orders that a court may make include - |
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• |
an order that evidence be given outside the courtroom and transmitted to the courtroom by closed circuit television; |
||
• |
an order that a screen, partition or one-way glass be placed to obscure the witness’s view of a party to whom the evidence relates or some other person; |
||
• |
an order that the witness be accompanied by a relative or friend for the purpose of providing emotional support. |
||
If, on a jury trial, a court makes special arrangements for the taking of the evidence of a witness, the judge must warn the jury not to draw from the fact any inference adverse to the defendant and not to allow special arrangements to influence the weight to be given to the evidence. |
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A court is empowered to make, vary or revoke an order on the court’s own initiative or on the application of a party or witness. |
|||
If evidence is to be given in criminal proceedings by a vulnerable witness, the court should, before taking the evidence, determine whether an order should be made. |
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(February 10, March 4, 9, 10, 23, April 30 and May 5 - Act No. 37 of 1993) |
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EXPIATION OF OFFENCES (DIVISIONAL FEES) AMENDMENT BILL |
|||
This Bill amends the Expiation of Offences Act 1987 in several ways. |
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First, it amends the definition of "responsible statutory authority" in section 3 of the Act to embrace not only the responsible Minister, or Chief Executive Officer, but also statutory authorities and local government councils who may be responsible for the administration or enforcement of relevant statutory provisions that give rise to expiable offences. |
|||
Secondly, clause 4 changes the scheme of the Act so that offences will be expiable under the Act where the words "expiation fee" appear at the foot of a provision of an Act or regulation. This replaces the present system whereby offences are made expiable by being designated in the Schedule to the Expiation of Offences Act. |
|||
The amendment also provides for divisional expiation fees, building on the existing scheme of divisional fines and imprisonment in the Acts Interpretation Act. The Bill includes other machinery amendments to the Act for the better and wider public administration and enforcement of relevant statutory provisions, as well as enabling more detailed scrutiny of these offences which will be expiable. |
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(August 18, September 9, October 29 and November 6 - Act No. 72 of 1992) |
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FINANCIAL TRANSACTION REPORTS (STATE PROVISIONS) BILL |
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A major development in the fight against organised crime has been the establishment of the Cash Transactions Reports Agency under the Commonwealth Cash Transactions Reports Act. That Act requires financial institutions and cash dealers to provide the Cash Transactions Reports Agency with reports of transactions which may be relevant to the investigation of breaches of taxation and other Commonwealth laws. The Cash Transactions Reports Agency can pass that information on to law enforcement agencies including State Police Forces. |
|||
This Bill conforms to the model agreed to by the Standing Committee of Attorneys-General. This legislation is designed to increase the effectiveness of the Cash Transactions Reports Agency as a law enforcement tool by enabling the State to make full use of Cash Transactions Reports information which is currently provided to the police by the Cash Transactions Reports Agency and to enable the State to access further information as may be necessary. |
|||
The Bill requires- |
|||
(a) |
cash dealers to provide further information to State Police regarding offences against State law; and |
||
(b) |
cash dealers to report to the Director of the Cash Transactions Reports Agency on transactions which may be relevant to the investigation of offences against the law of the State or may be of assistance in the enforcement of the Crimes (Confiscation of Profits) Act. |
||
The legislation also protects cash dealers against legal action in relation to the provision of that information. The reasons for preventing the bringing of proceedings against cash dealers who provide information as required by the amendments are as follows:- |
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(a) |
without such protection cash dealers who comply with the reporting obligations imposed by the section will be exposed to the risk of civil suit for breach of obligations such as confidentiality to customer account holders; |
||
(b) |
if cash dealers are not given such protection, the objective of the legislation of ensuing the flow of reliable information to law enforcement authorities will be defeated; and |
||
(c) |
the section complements the existing Commonwealth legislation in that the proposed section 7 is in terms similar to the corresponding Commonwealth provisions. |
||
(October 8, 20, 22 and November 12 - Act No. 74 of 1992) |
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HARBORS AND NAVIGATION |
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The Harbors and Navigation Bill provides for the administration, development and management of harbours, for safe navigation in South Australian Waters and repeals the Harbors Act 1936, the Marine Act 1936 and the Boating Act 1974. Following an extensive review of the Australian waterfront industry by the Interstate Commission in 1989, a comprehensive restructuring program implemented during 1989-90 by the Department of Marine and Harbors to support a user-pays public sector business approach and deregulation policy of the Government announced in 1987, the Department has taken the opportunity provided by these catalysts to review the Harbors, Marine and Boating Acts. |
|||
One of the principal objectives of the proposed Bill is to provide for the efficient and effective administration and management of South Australia and harbour facilities for the purpose of maximising their use and promoting trade. |
|||
This Bill will enable efficient and reliable cargo transfer facilities to be established and existing facilities to be maintained within the State’s commercial ports. |
|||
Another main objective of the proposed Harbors and Navigation Bill is to provide for the safe navigation of vessels in South Australian waters and to promote safe practices by those involved in commercial and recreational boating activity on the State’s navigable waters. Many of the services under the existing Marine Act, and the proposed Harbors and Navigation Bill, are derived from the Australian Transport Advisory Council Uniform Shipping Laws Code which ensures uniformity among the States and Territories in areas such as marine qualifications and surveys. This Bill includes updated provisions for certificates of competency, survey, equipment and loadline requirements, Courts of Marine Inquiry and the State Crewing Committee. |
|||
A section of the Harbors and Navigation Bill relates to alcohol and other drugs. The proposed Bill will provide for the safe use of South Australian waters for recreational and other aquatic activities. The Bill refers to the recreational boating fund, which is a separate fund into which all fees and charges (in relations to recreational vessels) must be paid to defray the costs of administering the Harbors and Navigation Bill in so far as it relates to recreational vessels. |
|||
(November 11, February 16, 17, 18, March 2, 25, May 4 and 5 - Act No. 41 of 1993) |
|||
LAND AGENTS, BROKERS AND VALUERS (MORTGAGE FINANCIERS) AMENDMENT BILL |
|||
This Bill amends the Land Agents, Brokers and Valuers Act 1973 by removing from the Act the provisions relating to mortgage financing, and consequently withdrawing access to the Agents Indemnity Fund for future clients of land agents or land brokers when their dealings are for the purpose of mortgage financing. |
|||
The protection of the Agents Indemnity Fund is retained for the benefit of people who currently have money placed with agents or brokers for mortgage financing investments. That protection will remain for the duration of current loans. However, the eventual effect of these amendments will be that mortgage financing schemes operated by licensed land agents or land brokers will be regulated entirely by the National Corporations Law. This will put land agents or land brokers who conduct mortgage-financing business on the same footing as anyone else who conducts this business. |
|||
(November 26, February 18 and March 11 - Act No. 8 of 1993) |
|||
LEGAL PRACTITIONERS (REFORM) AMENDMENT BILL |
|||
This Bill seeks to implement a number of the recommendations of the White Paper on the Legal Profession and to make various miscellaneous amendments to the Legal Practitioners Act 1981. |
|||
The Bill includes an amendment to section 6 of the Act which replaces the current wording of the section with a positive statement as to the fusion of the legal profession in South Australia. The amendment, however, allows for the voluntary establishment of a separate Bar. The amendment also will allow a Queen’s Counsel to choose how he or she wishes to practice. A Queen’s Counsel will be able to remain in a firm of solicitors if he or she so wishes. |
|||
The Bill provides that, if a complaint of overcharging is made against a legal practitioner, the Legal Practitioners Complaints Committee must, unless it is of the view that the complaint is frivolous or vexatious, investigate the complaint. The Committee is empowered to request details from the legal practitioner in its consideration of the matter and may recommend a reduction in the bill of legal costs or refund at the end of the investigation. |
|||
The Bill amends section 42 of the Act allowing for an agreement between client and practitioner for payment of a contingency fee. |
|||
The Bill also contains amendments to the provisions of the Act to impose annual reporting requirements for the Complaints Committee and the Disciplinary Tribunal, such reports to be laid before both Houses of Parliament. Provision is also made for the Attorney-General to require further information. |
|||
There are several amendments to the Act which are necessary as a result of matters which have been considered by the Legal Practitioners Complaints Committee. |
|||
Likewise, many of the miscellaneous provisions in the Bill have arisen as a result of a request by the Law Society of South Australia to amend the Act to reflect changes in the way the legal profession operates. |
|||
(February 10, March 2, 9, 25 and 30 - Act No. 22 of 1993) |
|||
LIMITATION OF ACTIONS (MISTAKE OF LAW OR FACT) AMENDMENT BILL |
|||
This Bill amends the Limitation of Actions Act 1936 by setting out the limitation periods applicable to actions for the recovery of money paid under a mistake of law or fact and to other actions based on restitutionary grounds. At present actions for the recovery of moneys can be instituted up to six years from the date of payment. Recovery in respect of invalid taxes will be restricted to twelve months from the date of payment while recovery of payments made under a mistake of law or fact or otherwise on restitutionary grounds can be made up to six years from the cause of action. Special provision has been made for payments of invalid tax made more than six months before the commencement of this amendment. The twelve month limitation period in respect of recovery of invalid taxes cannot be extended, and that if an action is not brought within the period, the right to recover the money is extinguished. |
|||
Provision is made for a limitation of action imposed by the principal Act to be regarded as a part of the substantive law of the State. |
|||
(March 31, April 20, May 4 and 5 - Act No. 39 of 1993) |
|||
LOCAL GOVERNMENT (CITY OF ADELAIDE WARDS) AMENDMENT BILL |
|||
This Bill provides for the repeal of the existing section 850 of the Local Government Act 1934, which provides that: |
|||
The wards of the city and their respective names and boundaries as they existed immediately prior to the commencement of this Act continue to be the wards, and the names and boundaries of the wards, respectively. |
|||
This section is replaced by a transitional provision to preserve the existing wards of the City of Adelaide and also to provide expressly that these wards may be altered or abolished pursuant to a proposal or recommendation under Part II of the Act including a proposal or recommendation based on a review carried out before the enactment of this measure. |
|||
The amendment is necessary to remove any ambiguity that the recommendations which the Local Government Advisory Commission may make in relation to ward structure can be lawfully implemented, and to prevent any possibility of a challenge to a subsequent proclamation based solely on the interpretation of section 850 as it is currently worded. |
|||
(August 13, 25 and October 21 - Act No. 54 of 1992) |
|||
LOCAL GOVERNMENT (FINANCIAL MANAGEMENT) AMENDMENT BILL |
|||
This Bill is part of a wider process of reform in the Local Government sector and is one of a series of reform Bills foreshadowed when the Local Government (Reform) Amendment Bill was introduced into Parliament earlier this year. |
|||
The changes which will be enabled by this legislation have been the subject of discussion since 1988 when the Australian Accounting Research Foundation issued a discussion paper which recommended that the accrual basis of accounting be adopted by local government and that the financial reporting regulations and practices of local government be harmonised. The discussion paper was followed, in 1989, by a draft accounting standard and in 1991 the final version of the standard was issued to take effect from 1 July, 1993. |
|||
The principal effect of the amendments which are proposed will be to provide the means for extending the use of the accrual basis of accounting within the Local Government sector and to require councils to prepare financial statements which provide information which is useful to those groups in the community which have an interest in these matters. |
|||
(October 21, November 17 and 26 - Act No. 85 of 1992) |
|||
MEMBERS OF PARLIAMENT (REGISTER OF INTERESTS) (RETURNS) AMENDMENT BILL |
|||
This Bill tightens up the situation in which Members are required to disclose connections with entities with which Members have connections of a financial nature. The Bill also picks up deficiencies identified in the Act. |
|||
The major amendments fall into two categories. The first category expands the requirement to disclose to include the existence of the relationships between the Member and organisations with which the Member has investments. The second category ensures that where a Member gains a financial benefit as a result of organising his or her affairs so that income is derived via a proprietary limited company, or via a trust, the Member is obliged to make the same kinds of disclosures about the company’s or trust’s income sources as an individual Member is obliged to make. |
|||
The purpose of the Act is to provide a safeguard whereby Members can be seen to be making full and frank disclosure of those persons and bodies with whom they have dealings, where these dealings might be seen to have a bearing on matters before Parliament. |
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The other aim of the major amendments is to ensure that any interests held by "a person related to a Member" are disclosed. |
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The Bill also requires more explicit disclosures where a Member is involved with a trust, and clarifies the situation where members are obliged to disclose gifts, and creates a parallel requirement to disclose the name of a source of benefits other than gifts. |
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Minor amendments have been made to the definition section of the Act. The deletion of the current section 4(4) means that Members will be required to furnish full information in each annual ordinary return. |
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(November 26, February 10, 16, 17, 18, March 3, 11, 23, May 4 and 6 - Act No. 64 of 1993) |
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MOTOR VEHICLES (CONFIDENTIALITY) AMENDMENT BILL |
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The Motor Vehicles Act 1959 authorises the Registrar of Motor Vehicles to maintain a Register of Motor Vehicles and a Register of Licensed Drivers. Confidential and sensitive information about individuals, such as addresses, dates of birth and medical details, and secured information about motor vehicles, such as engine numbers and vehicle identification numbers, appears on these registers. |
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The Act, as it now stands, may be construed to infer that the registers are public documents and, as such, anyone paying the search fee is entitled to peruse them. Easy access to engine numbers and vehicle identification numbers can only serve to assist the trade in stolen vehicles. |
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In practice, the registers exist only in the electronic form and are not available for public searches. The privacy of the information is safeguarded by releasing it only on a restricted basis. The guidelines for the release of information are stringent and conform with the requirements of the South Australian information privacy principles. There is some doubt as to the statutory validity of this practice. The amendment will put that beyond doubt. |
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(October 29, November 10, 11, 17 and 24 - Act No. 87 of 1992) |
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MOTOR VEHICLES (WRECKED OR WRITTEN OFF VEHICLES) AMENDMENT BILL |
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The purpose of this Bill is to amend the Motor Vehicles Act to require insurers of motor vehicles, members of the motor trade, auctioneers and private owners, to advise the Registrar of Motor Vehicles when a vehicle is wrecked or written off. The amendment will prohibit ownership transfers of a wrecked or written off motor vehicle without an inspection to verify the identity of the vehicle. |
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This proposal is aimed at reducing the incidence of stolen vehicles being registered with false identification obtained from wrecked and written off vehicles. |
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Where the Registrar has recorded a vehicle as wrecked or written off, the vehicle will be subject to an inspection if any subsequent application for transfer or re-registration is submitted. The inspection will primarily be aimed at identifying stolen vehicles which have been given a new identity by using the compliance plate or vehicle identification number from a wrecked or written-off vehicle. A secondary aim will be to ensure that any wrecked or written-off vehicle which has been repaired and is to be re-registered, is roadworthy. |
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(November 18, February 9 and 17 - Act No. 4 of 1993) |
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PARLIAMENTARY COMMITTEES (PUBLICATION OF REPORTS) AMENDMENT BILL |
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The Parliamentary Committees Act 1991 came into operation in November 1991. |
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This Bill will overcome an impediment that would otherwise arise if a committee completed a report just after the Parliament had risen for the Christmas/New Year break or the winter recess. |
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The Bill provides for the committee to present a report to the relevant Presiding Officer and for the Presiding Officer to authorise publication. This will ensure that in nearly all circumstances there need be no delay between the conclusion of an examination and the reporting and publication of this examination to the wider public arena. |
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(November 11, 17 and 26 - Act No. 79 of 1992) |
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PUBLIC CORPORATIONS BILL |
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This Bill is partly a response to problems with the State Bank, but also part of a package of reform measures directed towards commercial statutory authorities, designed to encourage better performance whilst safeguarding against the sort of failure which occurred with the Bank. |
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The Bill is designed to overarch the legislation establishing each authority, and will put in place a consistent framework of duties, responsibilities and relationships between each authority and the Government. |
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The mechanisms contained in the Bill are based on the following principles:- |
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• |
The establishment of clear and non conflicting objectives and targets for public corporations. |
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The Bill provides a comprehensive framework of duties for directors of public corporations. Whilst commercial transactions between a director and the public corporation of which he or she is a board member are not prohibited, as such transactions may be to the benefit of the corporation, the Bill requires both Ministerial approval of any such transaction and full disclosure of the fact in the corporation’s annual report, so that there is both public and Parliamentary scrutiny of such transactions. |
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The Bill also specifies clear standards for directors to fulfil their duty of care to a corporation and provides for appropriate criminal penalties in circumstances where a director is culpably negligent. |
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(November 25, February 9, 10, March 3, 25, 30, 31, April 28 and 29 - Act No. 36 of 1993) |
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ROAD TRAFFIC (MISCELLANEOUS) AMENDMENT BILL |
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This Bill deals with four separate issues: |
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• |
Definition of "Tandem Axle Group" and "Tri-axle Group". |
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(March 9, 24 and May 4 - Act No. 32 of 1993) |
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ROAD TRAFFIC (PEDAL CYCLES) AMENDMENT BILL |
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The purpose of the Bill is to permit the shared use of designated paths and bikeways by pedal cyclists and pedestrians and to provide specific rules for them when using these areas. A bikeway is defined as a path, lane or other place physically separated from a carriageway for the use of persons riding pedal cycles or for shared use by both pedestrians and cyclists. On the other hand, a bicycle lane is one forming part of a carriageway for exclusive use by cyclists. Appropriate signs or line-marking will be used to identify bikeways and bicycle lanes. The Bill will also permit cyclists, when making a right-turn at an intersection or junction, to proceed across the intersection or junction on the left-hand side before making the turn. |
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The introduction of these measures involves a number of consequential amendments to the Act. |
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(November 25, February 9, 10, 16, 17, 18 and March 10 - Act No. 10 of 1993) |
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SOUTH AUSTRALIAN COUNTRY ARTS TRUST BILL |
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The purposes of this Bill are:- |
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(1) |
to repeal the Cultural Trusts Act 1976; |
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(2) |
to establish the South Australian Country Arts Trust and five Country Arts Boards and define their functions and powers; |
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(3) |
to transfer the property rights and liabilities of the four existing Cultural Trusts, the Central Region Cultural Authority and the Regional Cultural Council to the South Australian Country Arts Trust; and |
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(4) |
to transfer the necessary staff of the Cultural Trusts, the Central Region Cultural Authority and the Regional Cultural Council to the South Australian Country Arts Trust. |
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The Bill embodies recommendations of a review of regional arts development in South Australia contained in the Report entitled "Review of Regional Arts Development in S.A." |
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(August 13, 27, September 8, October 15 and 20 - Act No. 57 of 1992) |
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STATE BANK OF SOUTH AUSTRALIA (INVESTIGATIONS) AMENDMENT BILL |
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This Bill makes a number of technical amendments which will ensure that the Auditor-General’s investigation into the State Bank Group proceeds expeditiously. The Government is committed to allowing the Auditor-General sufficient time to complete his inquiry but is concerned at the possibility of costly and time consuming legal challenges delaying the inquiry and reporting process. |
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The Auditor-General has received correspondence from the solicitors acting for the former non-executive directors of the State Bank other than Mr Prowse, in relation to a number of matters, and particularly concerning the validity of the terms of the appointment of the Auditor-General and his ability to comply with the terms of his appointment. |
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This Bill clarifies section 25 of the State Bank of South Australia Act with respect to investigations. The Bill strikes out section 25(2) and section 25(6) and recasts them into the one subsection, 25(2). This will overcome a potential argument that there are two different investigations dealt with by section 25 for which different procedures apply. |
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The Bill introduces a provision in similar terms to that contained in the Royal Commission Act, which will ensure that the acts and proceedings of the Auditor-General’s investigation are not liable to be reviewed or restrained. The Full Court has recently explained the requirements upon the Auditor-General in the conduct of his inquiry in order to afford natural justice to those who may be criticised in the report. The Auditor-General will comply with these requirements. |
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The Bill also ensures that authorisations made by the Auditor-General will be taken to have been properly made; there has been a suggestion that the existing authorisations are technically defective. |
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The other matters addressed by the Bill are a number of amendments designed to clarify the Auditor-General’s powers. |
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(November 24, 25 and 26 - Act No. 86 of 1992) |
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STATUTES AMENDMENT (ATTORNEY-GENERAL’S PORTFOLIO) BILL |
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This Bill makes a number of amendments to the two Acts within, or relevant to, the Attorney-General’s portfolio. |
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The Director of Public Prosecutions Act is amended to allow for the Director of Public Prosecutions to delegate powers or functions to any suitable person. |
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An amendment to the Jurisdiction of Courts (Cross-Vesting) Act alters the provisions that govern the transfer of special federal matters from the Supreme Court to the Federal Court. |
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Under the proposed amendment the Supreme Court will be required to transfer the proceeding unless satisfied that there are special reasons (other than the convenience of the parties) in the particular circumstances of the case that justify the Supreme Court determining the proceeding. The power of the Commonwealth Attorney-General to request the transfer of proceedings is removed. Ancillary provisions are also inserted that require notice to be given to the State and Commonwealth Attorneys-General before the Court orders that the proceedings not be transferred. |
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A consequential amendment is also made as a result of an amendment of the parallel Commonwealth Act whereby certain adoption of children proceedings will be made special federal matters for transfer to the Family Court. |
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Section 93 of the Motor Vehicles Act is amended to require courts to notify the Registrar of Motor Vehicles of offences which have been committed contrary to the Motor Vehicles Act or the Road Traffic Act. |
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An amendment is made to section 143 of the Real Property Act to eliminate the need for a duplicate instrument to be produced to the Lands Titles Office for the purpose of registering a discharge. |
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(March 31, April 20, 23 and May 4 - Act No. 34 of 1993) |
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STATUTES AMENDMENT (COMMERCIAL LICENCES) BILL |
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This Bill amends a number of Acts which confer jurisdiction on the tribunal to make uniform changes to the uniform scheme adopted for each occupation. The changes are related to the suspension of licensees. It is proposed that the requirement to advertise suspensions for non-payment of annual fees be removed and replaced with a requirement that the Commercial Registrar advertise disciplinary action taken against licensees which affects the status of their licences. The opportunity has also been taken to clarify the effect of suspension - to make clear that a suspended licensee, as well as one whose licence has been cancelled, may not legally trade. |
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(August 12, 20, 25 and October 21 - Act No. 55 of 1992) |
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STATUTES AMENDMENT (COURTS) BILL |
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This Bill contains various amendments to the legislation which was enacted in 1991 to restructure the court system and improve efficiencies in the courts. The Bill also contains some minor amendments to the recently enacted provisions of the Summary Procedure Act relating to summary protection orders. |
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The Supreme Court Act is amended as the first step in developing procedures to eliminate the premature commencement of proceedings. Similar amendments are made to the District Court Act and the Magistrates Court Act, and section 35(a) of the Wrongs Act. |
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The second amendment to the Supreme Court Act is to make clear that the public is entitled to have access to the Judge’s direction to the jury in a criminal trial and to the other listed items. |
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The District Court Act is amended to make provision for some other form of service when personal service has proved impractical. |
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Section 51 of the District Court Act is amended to enable the District Court to make rules imposing obligations for disclosure on parties prior to trial. |
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Several "housekeeping" amendments are made to the Magistrates Court Act. |
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The Bail Act is amended to provide that persons who do not obey a witness summons and who have been arrested as a consequence can be bailed. |
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Other amendments are made to the Criminal Law Consolidation Act, the Enforcement of Judgments Act, the Oaths Act, the Summary Procedure Act, the Unclaimed Goods Act and the Wrongs Act. |
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(March 31, April 20 and May 4 - Act No. 62 of 1993) |
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STATUTES AMENDMENT (EXPIATION OF OFFENCES) BILL |
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This Bill contains amendments consequential to the amendments to the Expiation of Offences Act. The Bill amends certain Acts by inserting at the foot of each provision referred to, a divisional expiation fee. Some of the offences referred to have already been expiable under the Act, while others are newly inserted. |
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Regulatory offences under the Business Franchise (Petroleum Products) Act 1979, the Food Act 1985, the National Parks and Wildlife Act 1972 and the Noise Control Act 1976 are to be included as expiable offences for the purposes of the Act. Offences relating to declared "dry areas" under the Liquor Licensing Act 1985 are to be included as expiable offences. |
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(August 18, September 9, 10 and October 29 - Act No. 71 of 1992) |
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STATUTES AMENDMENT (MOTOR VEHICLES AND WRONGS) BILL |
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This Bill amends the Motor Vehicles Act 1959 to extend indemnification for third party death or injury to a passenger in or on a motor vehicle who may cause death or bodily injury by some act or omission in relation to a motor vehicle. |
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There are also a number of amendments to the Act which are consequential to the amendments extending third party insurance cover to passengers. As a part of these, amendments are made to allow recovery against the nominal defendant in respect of an unidentified vehicle where the person liable is the driver, the owner or a passenger. |
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SGIC has, in addition, requested certain miscellaneous amendments to the Act and the Wrongs Act 1936. |
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(November 11, February 9, 10 and 17 - Act No. 5 of 1993) |
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STATUTES AMENDMENT (RIGHT OF REPLY) BILL |
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At common law, the accused (or his or her counsel) does not have the right to address the jury (the right of reply) after the prosecution has finally addressed the jury unless the accused has called no evidence other than evidence of character. Section 20 of the Evidence Act provides that the defence also does not lose the right of reply where the accused is called as a witness. In all other cases, the prosecution addresses the jury last. |
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After a great deal of consultation with the legal profession and the Director of Public Prosecutions, it has been decided to provide that the accused always has the right of reply. In the course of consultation, this view was reinforced by the recommendation made by the judges of the Supreme Court in their last Annual Report to the same effect. |
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(October 21, November 10 and 17 - Act No. 76 of 1992) |
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SUMMARY OFFENCES (ROAD BLOCKS) AMENDMENT BILL |
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This Bill amends the Summary Offences Act 1953 so that the police will be able to use road blocks to facilitate the apprehension of persons illegally using motor vehicles. |
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Section 74b(2) of the Summary Offences Act allows the police to establish road blocks in order to apprehend a person suspected of having committed a major offence or who has escaped from lawful custody. "Major offence" is defined as an offence attracting a penalty of life imprisonment or imprisonment for at least seven years. The maximum penalty for using a motor vehicle without the owner’s consent is two years for a first offence and imprisonment of not less than three months and not more than four years for a subsequent offence. |
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The Police Commissioner has reported that the establishment of appropriate road blocks is one of the most apparent and basic means of assisting in stopping and apprehending persons illegally using a motor vehicle. |
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Accordingly, this Bill inserts into the definition of "major offence" an offence against section 86a(1) of the Criminal Law Consolidation Act 1935 which deals with using a motor vehicle without consent. |
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(August 11, 25, 27 and October 21 - Act No. 53 of 1992) |
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SUMMARY PROCEDURE (SUMMARY PROTECTION ORDERS) AMENDMENT BILL |
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This Bill amends the Summary Procedure Act 1921 by three distinct amendments to the provisions relating to restraint orders issued pursuant to section 99 of the Summary Procedure Act. The amendments provide for:- |
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(a) |
applications for restraint orders to be made by telephone outside of normal court hours; |
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The first amendment will enable the police attending at such a scene as domestic violence at night, to apply to a court which will in practice consist of a magistrate rostered on duty for such emergency applications, for the grant of a restraint order. The application may be made by any telecommunications device and the magistrate must satisfy himself/herself as to the officer’s identity and must then satisfy himself/herself that it is an appropriate case for the granting of an order. |
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If the magistrate decides to make an order, having spoken to the relevant people at the scene, the magistrate will dictate the terms of the order over the telephone to the police officer. The police officer will complete a pre-printed form in accordance with the magistrate’s directions. This completed form then has the status of a court summons and order, and can be served on the respondent. |
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The amendment seeks to address the difficulties faced by police and victims in the past in that an order is not enforceable until it has been served on the respondent. In the case of telephone orders, by ensuring that if the respondent refuses to remain at the premises voluntarily, he/she can be detained until the telephone application for a restraint order has been finalised. The restrain order will still be subject to confirmation by a court hearing pursuant to section 99(4). |
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The second amendment enables the registration of restraint orders obtained under equivalent legislation in other States in South Australian courts and will enable the enforcement of these order in this State. |
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The third amendment has been made in response to recommendations of both the South Australian Domestic Violence Council and the National Committee on Violence. The amendment empowers the court to make orders concerning a respondent’s possession of firearms and of a firearms’ licence and further empowers the court to specify the conditions upon which the respondent can hold a firearms’ licence. |
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(August 11, 25, 27, September 8, 10, October 29 and November 6 - Act No. 75 of 1992) |
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TRADE MEASUREMENT BILL |
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This Bill has two key purposes. First, it simplifies and modernises current State laws relating to trade measurement and packaging contained in the Trade Measurements Act 1971 and the Packages Act 1967. The new legislation is a response to changes in technology and the marketplace and will establish an appropriate legal framework for trade measurement administration as we approach the Twenty-First Century. Secondly, it brings a step closer the objective of nationally uniform laws relating to trade measurement and packaging by enacting the model uniform trade legislation in this State. |
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The Trade Measurement Bill regulates the use of measuring instruments for trade, transactions by measurement, requirements for pre-packed articles, the licensing of private sector firms to service instruments and certify their accuracy, the licensing of public weighbridge operators and the powers of inspectors. |
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(March 30, April 28, 30, May 4 and 5 - Act No. 42 of 1993) |
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TRADE MEASUREMENT ADMINISTRATION BILL |
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The Trade Measurement Administration Bill provides for the administration of the Trade Measurement Bill in South Australia. The Administration Bill is not required to be uniform with other States. |
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The Administration Bill specifies that the Commissioner for Consumer Affairs shall be the administering authority and the licensing authority for the purposes of the principal Act, and that the Commercial Tribunal shall be the appeals tribunal in relation to decisions of the licensing authority. |
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The Administration Bill contains clauses which provide for the introduction of fees for the verification and re-verification of instruments as apply in other jurisdictions. |
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The Bill also repeals existing legislation, namely, the Trade Measurements Act 1971 and the Packages Act 1967. |
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(March 30, May 4 and 5 - Act No. 43 of 1993) |
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WHISTLEBLOWERS PROTECTION BILL |
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The object of this Act is to facilitate the disclosure, in the public interest, of maladministration and waste in the public sector and of corrupt or illegal conduct generally. |
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The effect of the Bill will be to enact a regime of protection for those who disclose public interest information in the public interest, which is in addition to any other protection that the law may supply. |
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The Bill does not require a whistleblower to go to an appropriate authority, but it encourages them to do so. It protects the confidentiality of their identity, but it requires them to co-operate with any official investigating authority. The Bill seeks to leave the investigation of disclosures and the administrative protection of whistleblowers to such bodies as the Police Complaints Authority, the Auditor-General, the police and the Anti-Corruption Branch and the Equal Opportunity Commissioner. The protections involve immunity from criminal and civil action and the right to seek redress for victimisation under the Equal Opportunity Act. |
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(November 26, February 17, 18, March 2, 3, 4, 9, 10, 25 and 30 - Act No. 21 of 1993) |
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