[SOUTH AUSTRALIA]
No. 15
MINUTES OF THE PROCEEDINGS
OF THE
LEGISLATIVE COUNCIL
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WEDNESDAY 9 DECEMBER 1998
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1. |
Council met pursuant to adjournment. The President (The Hon. J. C. Irwin) took the Chair. The President read prayers.
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Meeting of Council. |
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2. |
The following Papers were laid upon the Table, viz.: By the Minister for Transport and Urban Planning (The Hon. D. V. Laidlaw) - Reports, 1997-98 - Living Health. Outback Areas Community Development Trust. South Australian Thoroughbred Racing Authority.
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Papers. |
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3. |
The Minister for Transport and Urban Planning tabled a copy of a Ministerial Statement made by the Minister for Environment and Heritage (The Hon. D. C. Kotz, M.P.) concerning the establishment of a new Waste Management Committee for South Australia.
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Paper Tabled. |
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4. |
The Attorney-General, without notice, moved - That the Standing Orders be so far suspended as to enable Question Time to be extended until twenty-one minutes past three 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.
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Suspension of Standing Orders. |
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5. |
The Attorney-General, without notice, moved - That the Standing Orders be so far suspended as to enable Question Time to be extended to enable him to complete a reply to a question asked by the Hon. A. J. Redford. Question put and passed, without a dissentient voice, there being present an absolute majority of the whole number of Members of the Council.
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Suspension of Standing Orders. |
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6. |
The Attorney-General (The Hon. K. T. Griffin) moved - That the Standing Orders be so far suspended as to enable him to move an Instruction without Notice to the Committee of the Whole on the Shop Trading Hours (Miscellaneous) Amendment Bill. 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.
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The Attorney-General then moved - That it be an Instruction to the Committee of the Whole on the Shop Trading Hours (Miscellaneous) Amendment Bill that it have power to consider an amendment to the Retail and Commercial Leases Act 1995. Question put and passed.
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Instruction. |
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7. |
In accordance with Sessional Standing Order, the President called on Members to make Statements on Matters of Interest.
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Statements on Matters of Interest.
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8. |
The Hon. A. J. Redford, pursuant to notice, moved - That the Annual Report of the Legislative Review Committee, 1997-98 be noted. On
motion of the Hon. G. Weatherill, the debate was adjourned until Wednesday,
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Legislative Review Committee - Annual Report, 1997-98 to be noted - Motion re.
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9. |
The Hon. A. J. Redford, pursuant to notice, moved - That the Principal Regulations under the Technical and Further Education Act 1975, made on 10 September 1998 and laid on the Table of this Council on 27 October 1998, be disallowed. And the Hon. A. J. Redford having obtained leave to conclude his remarks, the debate was adjourned until Wednesday, 10 February 1999.
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Technical and Further Education Act - Principal Regulations - Motion for disallowance of.
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10. |
The Hon. J.S.L. Dawkins, pursuant to notice, moved - That the Report of the Environment, Resources and Development Committee on South Australian Rural Road Safety Strategy be noted. And the Minister for Transport and Urban Planning having obtained leave to conclude her remarks, the debate was adjourned until Wednesday, 10 February 1999. |
Environment, Resources and Development Committee - Report on South Australian Rural Road Safety Strategy - to be noted - Motion re.
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11. |
The Hon. S. M. Kanck, pursuant to notice, moved - That this Council notes, in relation to Group 65 medical products - I. That Supply SA is not observing the eight point Procurement Reform Strategy released by the Department for Administrative and Information Services in May 1998; II. That, at a time of cutbacks to the health budget, public hospitals and health services in South Australia are paying more as a consequence of Supply SA practices; and III. That quality South Australian products are being ignored by Supply SA with resultant impact on employment in this State, and this Council therefore calls on the Minister for Administrative Services and the Minister for Human Services to urgently intervene to ensure that the public health system is getting best value for money in the supply of Group 65 medical products. On
motion of the Hon. J. F. Stefani, the debate was adjourned until Wednesday,
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Supply of Group 65 Medical Products to Public Health System - Motion re. |
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12. |
At five minutes past six o’clock the sitting was suspended until the ringing of the bells. At fifteen minutes to eight o’clock the sitting was resumed.
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Suspension and Resumption of Sitting.
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13. |
Order of the Day read for the third reading of the Education (Government School Closures and Amalgamations) Amendment Bill. Ordered - That the Bill be recommitted forthwith. The President then left the Chair, and the Council resolved itself into a Committee of the whole for the reconsideration of the Bill.
In the Committee
Clause No. 1 reconsidered. ____________________
The President resumed the Chair and reported progress and obtained for the Committee leave to sit again on motion.
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Education (Government School Closures and Amalgamations) Amendment Bill. |
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14. |
Ordered - separately - That Orders of the Day (Private Business) No. 2 to No. 10 be Orders of the Day for Wednesday, 10 February 1999.
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Postponement of Business. |
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15. |
On the Order of the Day being read for the adjourned debate on the question - That the Gaming Machines (Freeze on Gaming Machines) Amendment Bill be now read a second time: Debate resumed. On motion of the Hon. T. G. Cameron, the debate was adjourned until next day of sitting.
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Gaming Machines (Freeze on Gaming Machines) Amendment Bill.
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16. |
Ordered - separately - That Orders of the Day (Private Business) No. 12 to No. 14 be Orders of the Day for Wednesday, 10 February 1999.
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Postponement of Business. |
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17. |
The Council, according to order, resolved itself into a Committee of the Whole for the further reconsideration of the Education (Government School Closures and Amalgamations) Amendment Bill.
In the Committee
Clause No. 1 reconsidered and agreed to. Clause No. 2 reconsidered and agreed to. Clause No. 3 reconsidered, further amended and agreed to. Title agreed to. _____________________
The President resumed the Chair, and reported that the Committee had reconsidered the Bill and had agreed to the same with further amendments; whereupon the Council adopted such report. The Hon. N. Xenophon 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, without a dissentient voice, there being present an absolute majority of the whole number of Members of the Council. Question put and passed. Bill read a third time. Resolved - That this Bill do now pass.
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Education (Government School Closures and Amalgamations) Amendment Bill. |
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18. |
The Attorney-General, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Criminal Law Consolidation Act 1935. 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.
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Criminal Law Consolidation (Intoxication) Amendment Bill. |
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19. |
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.
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Evidence (Miscellaneous) Amendment Bill. |
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20. |
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.
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Leave to Introduce a Bill. |
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21. |
On the Order of the Day being read for the adjourned debate on the question - That the Evidence (Confidential Communications) Amendment Bill be now read a second time: Debate resumed. On motion of the Hon. T. G. Roberts, the debate was adjourned until next day of sitting.
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Evidence (Confidential Communications) Amendment Bill. |
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22. |
Ordered - That Order of the Day (Government Business) No. 2 be an Order of the Day for next day of sitting.
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Postponement of Business. |
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23. |
Ordered - That Orders of the Day (Government Business) No. 3 to No. 8 be postponed and taken into consideration on motion.
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Postponement of Business. |
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24. |
Ordered - That Orders of the Day (Government Business) No. 9 to No. 13 be Orders of the Day for next day of sitting.
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Postponement of Business. |
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25. |
Ordered - That Order of the Day (Government Business) No. 14 be postponed and taken into consideration on motion.
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Postponement of Business. |
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26. |
The following Messages from the House of Assembly were received and read: Message No. 13 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to provide for the registration and enrolment of nurses; to regulate nursing for the purpose of maintaining high standards of competence and conduct by nurses in South Australia; to repeal the Nurses Act 1984; and for other purposes, to which it desires the concurrence of the Legislative Council. House of Assembly, 8 December 1998. J.K.G. OSWALD, Speaker. Bill read a first time. Ordered - That the second reading be an Order of the Day for next day of sitting.
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Messages from House of Assembly: Nurses Bill.
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Message No. 14 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Road Traffic Act 1961; and to make a related amendment to the Motor Vehicle Act 1959, without any amendment. House of Assembly, 8 December 1998. J.K.G. OSWALD, Speaker.
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Road Traffic (Road Events) Amendment Bill.
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Message No. 15 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Passenger Transport Act 1994, with the amendments indicated by the annexed Schedule, to which amendments the House of Assembly desires the concurrence of the Legislative Council. House of Assembly, 8 December 1998. J.K.G. OSWALD, Speaker.
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Passenger Transport (Service Contracts) Amendment Bill.
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Schedule of the amendment made by the House of Assembly. Page 2, lines 8 to 21 (clause 12) - Leave out subsections (3b) and (3c). G. D. MITCHELL, Clerk of the House of Assembly. |
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Ordered - That the Message be taken into consideration forthwith. The President then left the Chair, and the Council resolved itself into a Committee of the whole for the reconsideration of the Message.
In the Committee
Resolved - That the Amendment made by the House of Assembly be disagreed to and the amendment in respect of the reinstated words be agreed to. ____________________
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The President resumed the Chair and reported accordingly; whereupon the Council adopted such report. Ordered - That a Committee consisting of the Hon. S. M. Kanck, the Hon. C. A. Pickles and the Minister for Transport and Urban Planning be appointed to prepare Reasons for disagreeing to the Amendment of the House of Assembly. The Minister for Transport and Urban Planning brought up the Report of the Committee appointed to prepare Reasons for disagreeing to the Amendment of the House of Assembly, which was read by the Clerk as follows: Because the amendment does not provide adequate accountability to the Parliament. Report adopted.
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Message No. 16 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to provide for the continuation of TransAdelaide as a statutory corporation; to make a consequential amendment to the Passenger Transport Act 1994; and for other purposes, with the amendments indicated by the annexed Schedule, to which amendments the House of Assembly desires the concurrence of the Legislative Council. House of Assembly, 8 December 1998. J.K.G. OSWALD, Speaker.
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TransAdelaide (Corporate Structure) Amendment Bill.
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Schedule of the amendments made by the House of Assembly. No. 1. Page 4, lines 5 to 8 (clause 10) - Leave out subclause (2) and insert: “(2) The board is to consist of not more than five members appointed by the Governor on the nomination of the Minister.” No. 2. Page 7, lines 28 to 35 and page 8, lines 1 to 14 (clause 18) - Leave out the clause. G. D. MITCHELL, Clerk of the House of Assembly. |
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Ordered - That the Message be taken into consideration forthwith. The President then left the Chair, and the Council resolved itself into a Committee of the whole for the reconsideration of the Message.
In the Committee
Resolved - That Amendment No. 1 of the House of Assembly be disagreed to and the amendments in respect of the reinstated words be agreed to. Resolved - That Amendment No. 2 of the House of Assembly be agreed to with consequential amendments to the Bill. ____________________
The President resumed the Chair and reported accordingly; whereupon the Council adopted such report. Ordered - That a Committee consisting of the Hon. S. M. Kanck, the Hon. C. A. Pickles and the Minister for Transport and Urban Planning be appointed to prepare Reasons for disagreeing to the Amendments of the House of Assembly. The Minister for Transport and Urban Planning brought up the Report of the Committee appointed to prepare Reasons for disagreeing to the Amendments of the House of Assembly, which was read by the Clerk as follows: Because the amendments are not seen to be in the best interests of TransAdelaide. Report adopted.
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Message No. 17 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Summary Offences Act 1953, without any amendment. House of Assembly, 8 December 1998. J.K.G. OSWALD, Speaker.
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Summary Offences (Offensive and other Weapons) Amendment Bill.
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Message No. 18 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to establish the Adelaide Festival Corporation; to provide for the conduct of the Adelaide Festival of Arts; and for other purposes, without any amendment. House of Assembly, 8 December 1998. J.K.G. OSWALD, Speaker.
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Adelaide Festival Corporation Bill. |
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27. |
On the Order of the Day being read for the adjourned debate on the question - That the Petroleum (Production Licences) Amendment Bill be now read a second time: Debate resumed. On motion of the Hon. S. M. Kanck, the debate was adjourned until next day of sitting.
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Petroleum (Production Licences) Amendment Bill. |
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28. |
Ordered - That the adjourned debate
on the motion of the Minister for Transport and Urban Debate resumed. Question put and passed.
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Sensational Staging of Wagner’s “The Ring” - Motion re.
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29. |
The Council, according to order, resolved itself into a Committee of the whole for the further consideration of the Electricity Corporations (Restructuring and Disposal) Bill.
In the Committee
Clause No. 2 - which the Treasurer had moved to amend on page 1, lines 17 and 18, by leaving out the clause and inserting new clause as follows: “Commencement 2. (1) This Act (other than section 11A and Parts 2, 3 and 4 of Schedule 1B) will come into operation on a day to be fixed by proclamation. (2) Section 11A comes into operation on the day on which this Act is assented to by the Governor. (3) Parts 2, 3 and 4 of Schedule 1B will come into operation in accordance with provisions contained in that Schedule.”- further considered. |
Electricity Corporations (Restructuring and Disposal) Bill. |
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_____________________
And it being twelve of the clock: THURSDAY 10 DECEMBER 1998 _____________________
To report progress and ask leave to sit again. _____________________
The President resumed the Chair and reported progress and obtained for the Committee leave to sit again on next day of sitting.
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30. |
Ordered - That the remaining Orders of the Day (Government Business) be Orders of the Day for next day of sitting.
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Postponement of Business. |
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31. |
Ordered - That the Council, at its rising, do adjourn until today at eleven o’clock a.m.
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Next Day of Sitting.
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32. |
Council adjourned at twenty-nine minutes to one o’clock a.m. until today at eleven o’clock a.m.
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Adjournment. |
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_________________________
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Members present during any part of the sitting:
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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
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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
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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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