Minutes of the Proceedings

[SOUTH AUSTRALIA]

No. 8

MINUTES OF THE PROCEEDINGS

OF THE

LEGISLATIVE COUNCIL

_______

WEDNESDAY 18 FEBRUARY 1998

Council met pursuant to adjournment. The President (The Hon. J. C. Irwin) took the Chair.

The President read prayers.

Meeting of

Council.

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

Message No. 2.

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

No. 69 of 1997 - An Act to amend the Constitution Act 1934, the Administrative Arrangements Act 1994, the Juries Act 1927, the Oaths Act 1936 and the Parliamentary Remuneration Act 1990.

No. 70 of 1997 - An Act to amend the Development Act 1993 and to make a related amendment to the Statutes Repeal and Amendment (Development) Act 1993.

No. 71 of 1997 - An Act to amend the Electricity Act 1996.

No. 72 of 1997 - An Act to amend the Gaming Machines Act 1992.

No. 73 of 1997 - An Act to amend the Gas Act 1997.

No. 74 of 1997 - An Act to make provision for the regulation of third party access to natural gas pipeline systems; to repeal the Natural Gas Pipelines Access Act 1995; to amend the Gas Act 1997 and the Petroleum Act 1940; and for other purposes.

No. 75 of 1997 - An Act to amend the Guardianship and Administration Act 1993.

No. 76 of 1997 - An Act to amend the Local Government Act 1934.

No. 77 of 1997 - An Act to amend the Motor Vehicles Act 1959.

No. 78 of 1997 - An Act to amend the Road Traffic Act 1961.

No. 79 of 1997 - An Act to amend the Roxby Downs (Indenture Ratification) Act 1982.

No. 80 of 1997 - An Act to provide for the payment of unclaimed superannuation benefits to the Treasurer; and for other purposes.

No. 81 of 1997 - An Act to amend the Land Tax Act 1936.

No. 82 of 1997 - An Act to amend the Stamp Duties Act 1923.

Government House, Adelaide, 18 February 1998. E. J. NEAL, Governor.

Message from

Governor:

Assent to Bills.

Answers to Questions on Notice Nos. 1, 2, 5, 7, 8, 11 to 14, 16 to 23, 25, 27, 29 and 33 received this day were tabled by the President who directed that they be distributed and printed in Hansard.

Answers to

Questions on

Notice.

The following Paper was laid upon the Table, viz.:

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

Corporate Affairs Commission - Report, 1996-97.

Paper.

The Hon. A. J. Redford brought up the Third Report, 1997-98 of the Legislative Review Committee, which was read by the Clerk as follows:-

The Regulation listed hereunder is at present being considered by the Legislative Review Committee. Evidence is being taken on this matter and it is necessary for a Notice of Motion for Disallowance to be given in both Houses before the expiration of 14 sitting days to allow the Committee time to complete its deliberations.

Honourable Members are warned that after consideration has been given to the Regulations, the Committee may decide to take no further action.

Regulation referred to:

Technical and Further Education Act 1975 - Principal Regulations.

Legislative

Review

Committee -

Third Report,

1997-98.

The Hon. A. J. Redford brought up the Fourth Report, 1997-98 of the Legislative Review Committee.

Legislative

Review

Committee -

Fourth Report

1997-98.

The Treasurer (The Hon. R. I. Lucas), without notice, moved - That the Standing Orders be so far suspended as to enable Question Time to be extended for one hour to enable questions to be asked concerning the Report of the Auditor-General, 1996-97.

Question put and passed, without a dissentient voice, there being present an absolute majority of the whole number of Members of the Council.

Suspension of

Standing Orders -

Question Time

extended for

Auditor-General’s

Report.

The Treasurer tabled a copy of a Ministerial Statement made by the Minister for Employment
(The Hon. L. J. Hall, M.P.) concerning Employment and Employment Growth Infrastructure.

Paper

Tabled.

The Treasurer, without notice, moved - That the Standing Orders be so far suspended as to enable Question Time to be extended until twenty-six minutes past four o’clock.

Question put and passed, without a dissentient voice, there being present an absolute majority of the whole number of Members of the Council.

Suspension of

Standing Orders.

10.

In accordance with Sessional Standing Order, the President called on Members to make Statements on Matters of Interest.

Statements

on Matters

of Interest.

11.

Ordered - That Notice of Motion (Private Business) No. 1 be an Order of the Day for Wednesday next.

Postponement

of Business.

12.

Ordered - separately - That Notices of Motion (Private Business) No. 6 and No. 7 be Orders of the Day for Wednesday next.

Postponement

of Business.

13.

The Hon. M. J. Elliott, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the National Parks and Wildlife Act 1972.

Question put and passed.

Bill introduced and read a first time.

The Hon. M. J. Elliott then moved - That this Bill be now read a second time.

On motion of the Hon. A. J. Redford, the debate was adjourned until Wednesday next.

National Parks

and Wildlife

(Game Birds) Amendment

Bill.

14.

Ordered - That Notice of Motion (Private Business) No. 9 be an Order of the Day for Wednesday next.

Postponement

of Business.

15.

The Hon. T. G. Roberts, pursuant to notice, moved - That this Council condemns the Federal Liberal Government and the National Farmers Federation for their provocative approach to waterfront reforms in Australia, in particular -

I. their support for current and past serving members of the Australian Defence Forces to participate in an ill-fated overseas strike breaking training exercise; and

II. their support for the conspiracy entered into between Patrick Stevedores and a National Farmers Federation front company to establish a union busting stevedoring company at Webb Dock, Victoria,

and calls on the Federal Government and the National Farmers Federation to recognise that just and fairly negotiated settlements between management, unions and the workers involved can achieve more in terms of productivity and improved labour relations, as witnessed by the achievements at the Port of Adelaide, than by the use of the jackboot.

Debate ensued.

On motion of the Hon. R. R. Roberts, the debate was adjourned until Wednesday next.

Waterfront

Conflict -

Motion re.

16.

Ordered - That Order of the Day (Private Business) No. 1 be an Order of the Day for Wednesday next.

Postponement

of Business.

17.

At one minute to six o’clock the sitting was suspended until the ringing of the bells.

At fifteen minutes to eight o’clock the sitting was resumed.

Suspension and

Resumption of

Sitting.

18.

The Hon. M. J. Elliott, pursuant to notice, moved -

I. That Australia should become a Republic with an Australian citizen as Head of State; and

II. That the concurrence of the House of Assembly to this motion be requested.

On motion of the Hon. C. A. Pickles, the debate was adjourned until Wednesday next.

Australia

becoming a

Republic -

Motion re.

19.

On the Order of the Day being read for the adjourned debate on the motion of the Hon.
L. H. Davis - That the Annual Report of the Statutory Authorities Review Committee,
1996-97 be noted:

Debate resumed.

Question put and passed.

Statutory

Authorities

Review

Committee -

Annual Report,

1996-97 be noted -

Motion re.

20.

Ordered - separately - That Orders of the Day (Private Business) No. 4 to No. 8 be Orders of the Day for Wednesday next.

Postponement

of Business.

21.

Ordered - That Order of the Day (Private Business) No. 9 be postponed and taken into consideration on motion.

Postponement

of Business.

22.

Ordered - That Order of the Day (Private Business) No. 10 be an Order of the Day for Wednesday next.

Postponement

of Business.

23.

The Attorney-General, by leave, and at the request of the Minister for Transport and Urban Planning (The Hon. D. V. Laidlaw), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to Motor Vehicles Act 1959.

Question put and passed.

Motor Vehicles (Disabled Persons’ Parking Permits) Amendment Bill.

24.

The Attorney-General, by leave, and at the request of the Minister for Transport and Urban Planning, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to Motor Vehicles Act 1959.

Question put and passed.

Motor Vehicles

(Wrecked or

Written Off

Vehicles)

Amendment Bill.

25.

The Attorney-General, by leave, and at the request of the Minister for Transport and Urban Planning, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Road Traffic Act 1961.

Question put and passed.

Road Traffic

(Vehicle

Identifiers) Amendment Bill.

26.

The Attorney-General, by leave, and at the request of the Treasurer, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Tobacco Products Regulation Act 1997.

Question put and passed.

Bill introduced and read a first time.

The Attorney-General then moved - That this Bill be now read a second time.

On motion of the Hon. C. A. Pickles, the debate was adjourned until next day of sitting.

Tobacco

Products

Regulation

(Licence Fees) Amendment Bill.

27.

The Attorney-General, by leave, and at the request of the Treasurer, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Police Superannuation Act 1990.

Question put and passed.

Bill introduced and read a first time.

The Attorney-General then moved - That this Bill be now read a second time.

On motion of the Hon. C. A. Pickles, the debate was adjourned until next day of sitting.

Police

Superannuation (Miscellaneous) Amendment Bill.

28.

The Attorney-General, by leave, and at the request of the Treasurer, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Judges’ Pensions Act 1971, the Parliamentary Superannuation Act 1974, the Police Superannuation Act 1990 and the Superannuation Act 1988.

Question put and passed.

Bill introduced and read a first time.

The Attorney-General then moved - That this Bill be now read a second time.

On motion of the Hon. C. A. Pickles, the debate was adjourned until next day of sitting.

Statutes

Amendment (Adjustment of Superannuation Pensions) Bill.

29.

The Attorney-General, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Evidence Act 1929.

Question put and passed.

Bill introduced and read a first time.

The Attorney-General then moved - That this Bill be now read a second time.

On motion of the Hon. C. A. Pickles, the debate was adjourned until next day of sitting.

Evidence

(Use of Audio

and Audio

Visual Links) Amendment Bill.

30.

The Minister for Transport and Urban Planning, pursuant to leave granted this day, introduced a Bill for an Act to amend the Motor Vehicles Act 1959.

Bill introduced and read a first time.

The Minister for Transport and Urban Planning then moved - That this Bill be now read a second time.

On motion of the Hon. C. A. Pickles, the debate was adjourned until next day of sitting.

Motor Vehicles (Disabled Persons’ Parking Permits) Amendment Bill.

31.

The Minister for Transport and Urban Planning, pursuant to leave granted this day, introduced a Bill for an Act to amend the Motor Vehicles Act 1959.

Bill introduced and read a first time.

The Minister for Transport and Urban Planning then moved - That this Bill be now read a second time.

On motion of the Hon. C. A. Pickles, the debate was adjourned until next day of sitting.

Motor Vehicles

(Wrecked or

Written Off

Vehicles)

Amendment Bill.

32.

The Minister for Transport and Urban Planning, pursuant to leave granted this day, introduced a Bill for an Act to amend the Road Traffic Act 1961.

Bill introduced and read a first time.

The Minister for Transport and Urban Planning then moved - That this Bill be now read a second time.

On motion of the Hon. C. A. Pickles, the debate was adjourned until next day of sitting.

Road Traffic

(Vehicle

Identifiers) Amendment Bill.

33.

Ordered - That Order of the Day (Government Business) No. 1 be an Order of the Day for next day of sitting.

Postponement

of Business.

34.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Public Sector Management (Incompatible Public Offices) Amendment Bill.

In the Committee

Clause No. 3, which the Hon. P. Holloway had moved to amend on page 1, after line 29, by inserting subclauses as follows:

“(2a) However, a public sector employee appointed as a member of a statutory body may not be given directions by the Governor, a Minister or any other person as to the exercise of a discretion or power as a member of the body.

(2b) Subsection (2a) does not affect any power to give directions to a statutory body (rather than its members) conferred under some other Act.” - further considered.

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

Clause No. 3 agreed to.

Title agreed to.

_____________________

Public Sector Management (Incompatible

Public Offices)

Amendment Bill.

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

The Attorney-General, pursuant to contingent notice, moved - That the Standing Orders be so far suspended as to enable the Bill to pass through its remaining stages without delay.

Question put and passed.

Bill read a third time.

Resolved - That this Bill do now pass.

35.

On the Order of the Day being read for the adjourned debate on the question - That the Highways (Miscellaneous) Amendment Bill be now read a second time:

Debate resumed.

Question put and passed.

Bill read a second time.

The President then left the Chair, and the Council resolved itself into a Committee of the Whole for the consideration of the Bill.

In the Committee

Clauses No. 1 to No. 10 agreed to.

Title agreed to.

_____________________

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

The Minister for Transport and Urban Planning, pursuant to contingent notice, moved - That the Standing Orders be so far suspended as to enable the Bill to pass through its remaining stages without delay.

Question put and passed.

Bill read a third time.

Resolved - That this Bill do now pass.

Highways (Miscellaneous)

Amendment

Bill.

36.

Ordered - That Order of the Day (Government Business) No. 4 be an Order of the Day for next day of sitting.

Postponement

of Business.

37.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Liquor Licensing (Licensed Clubs) Amendment Bill.

In the Committee

Clauses No. 1 to No. 5 agreed to.

Clause No. 6 read.

The Hon. C. Zollo moved on page 3, after line 4, to insert new subsection as follows:

ì(6) The licensee must keep a record, in a form approved by the
Commissioner -

(a) showing who is, for the purposes of subsection (1)(a), the responsible person for the supervision and management of the business conducted under the licence from day to day and from time to time; or

(b) if alternative arrangements for the supervision and management of the business have been approved under subsection (2)ócontaining any information about the supervision and management of the business required under the approved arrangements.

Maximum penalty: $1 250.”

Question - That the amendment be agreed to - put.

Liquor Licensing (Licensed Clubs) Amendment Bill.

Committee divided:

Ayes, 8

The Hon. T. G. Cameron

The Hon. T. Crothers

The Hon. C. A. Pickles

The Hon. R. R. Roberts

The Hon. T. G. Roberts

The Hon. G. Weatherill

The Hon. N. Xenophon

The Hon. C. Zollo (Teller)

Noes, 11.

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. M. J. Elliott

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. A. J. Redford

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. K. T. Griffin (Teller)

So it passed in the negative.

Clause No. 6 agreed to.

Clause No. 7 agreed to.

Title agreed to.

_____________________

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

The Attorney-General, pursuant to contingent notice, moved - That the Standing Orders be so far suspended as to enable the Bill to pass through its remaining stages without delay.

Question put and passed.

Bill read a third time.

Resolved - That this Bill do now pass.

38.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Legal Practitioners (Qualifications) Amendment Bill.

In the Committee

Clauses No. 1 to No. 3 agreed to.

Clause No. 4 amended and agreed to.

Clause No. 5 amended and agreed to.

Clause No. 6 amended and agreed to.

Clauses No. 7 and No. 8 agreed to.

Clause No. 9 amended and agreed to.

New clause No. 9A inserted.

Clauses No. 10 and No. 11 agreed to.

Clause No. 12 being a money clause, no question was put on the clause.

Clauses No. 13 and No. 14 agreed to.

Schedule agreed to.

Title agreed to.

_____________________

The President resumed the Chair, and reported that the Committee had considered the Bill and had agreed to the same with amendments; whereupon the Council adopted such report.

The Attorney-General, pursuant to contingent notice, moved - That the Standing Orders be so far suspended as to enable the Bill to pass through its remaining stages without delay.

Question put and passed.

Bill read a third time.

Resolved - That this Bill do now pass.

Legal

Practitioners (Qualifications) Amendment Bill.

39.

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

In the Committee

Clauses No. 1 to No. 38 agreed to.

Schedule struck out.

New Schedule inserted.

Title agreed to.

_____________________

The President resumed the Chair, and reported that the Committee had considered the Bill and had agreed to the same with an amendment; whereupon the Council adopted such report.

The Attorney-General, pursuant to contingent notice, moved - That the Standing Orders be so far suspended as to enable the Bill to pass through its remaining stages without delay.

Question put and passed.

Bill read a third time.

Statutes

Amendment (Consumer

Affairs) Bill.

40.

Ordered - That Order of the Day (Private Business) No. 9 be an Order of the Day for Wednesday next.

Postponement

of Business.

41.

Council adjourned at twenty-four minutes to eleven o’clock until tomorrow, at fifteen minutes past two o’clock.

Adjournment.

_________________________

Members present during any part of the sitting:

The Hon. T. G. Cameron

The Hon. T. Crothers

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. M. J. Elliott

The Hon. I. Gilfillan

The Hon. K. T. Griffin

The Hon. P. Holloway

The Hon. S. M. Kanck

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. C. A. Pickles

The Hon. A. J. Redford

The Hon. R. R. Roberts

The Hon. T. G. Roberts

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. G. Weatherill

The Hon. N. Xenophon

The Hon. C. Zollo

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