LEGISLATIVE COUNCIL

OF

SOUTH AUSTRALIA

________________

 

STATISTICS

________________

 

FIRST SESSION OF THE FORTY-NINTH PARLIAMENT

________________

 

2 December 1997 to 17 September 1998

________________

 

 


TABLE OF CONTENTS
___________

 

Members of the Legislative Council

Officers of the Legislative Council

Committees

 

Standing Committees -

   

Environment, Resources and Development Committee
Legislative Review Committee
Social Development Committee
Statutory Authorities Review Committee
Occupational Safety, Rehabilitation and Compensation Committee
Statutory Officers Committee

 

Joint Committees -

   

Joint Parliamentary Service Committee
Joint Committee on Transport Safety

 

Sessional Committees -

   

Standing Orders Committee
Printing Committee

 

Select Committees -

   

Select Committee on the Pastoral and Land Management and Conservation (Board Procedures, Rent, etc.) Amendment Bill and Coverage of the Principal Act
Select Committee on Outsourcing of State Government Services
Select Committee on the Establishment of a Special Committee and the Holding of a Referendum on the Sale of ETSA and Optima Energy

List of Bills considered by Legislative Council

 

Total Number of Bills considered by Legislative Council
Total Number of Bills passed by both Houses
Bills considered by Legislative Council which have not passed both Houses

Sittings of Council

List of Bills which passed both Houses of Parliament

 

Bills originated in Legislative Council
Bills originated in House of Assembly

List of Bills introduced in and amended by Legislative Council

List of House of Assembly Bills amended by Legislative Council

Substantive Motions and Resolutions

 

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

Petitions

Synopsis of Legislation

 

 


MEMBERS OF THE LEGISLATIVE COUNCIL
___________

 

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

The Hon. Terry Gordon CAMERON, J.P.

The Hon. Trevor CROTHERS

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

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

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

The Hon. Ian GILFILLAN

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

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

The Hon. Sandra Myrtho KANCK, Dip.T.

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

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

The Hon. Robert Ivan LUCAS, B.Sc., B.Ec., M.B.A. (Treasurer)

The Hon. Carolyn Ann PICKLES, J.P. (Leader of the Opposition, Legislative Council)

The Hon. Angus John REDFORD, LL.B.

The Hon. Ronald Roy ROBERTS

The Hon. Terance Gerald ROBERTS

The Hon. Caroline Veronica SCHAEFER

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

The Hon. George WEATHERILL

The Hon. Nicholas XENOPHON, LL.B.

The Hon. Carmel ZOLLO

 

 


OFFICERS OF THE LEGISLATIVE COUNCIL
___________

 

PRESIDENT

 

The Hon. James Campbell IRWIN

CLERK OF THE LEGISLATIVE COUNCIL

 

Mrs. Janice M. DAVIS, B.A.(Juris.)

DEPUTY CLERK AND USHER OF THE BLACK ROD

 

Mr. Trevor R. BLOWES, B.A.

CLERK-ASSISTANT

 

Mr. Christopher D. SCHWARZ, B.A.(Comm.), Grad.Dip.Soc.Sc. (Pol.Admin.)

PARLIAMENTARY OFFICER

 

Ms. Noeleen M. Ryan

 

 


COMMITTEES
___________

 

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

 

ENVIRONMENT, RESOURCES AND DEVELOPMENT COMMITTEE

 

Appointed 2 December 1997

   

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

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

Committee Secretary: Mr. B. Sotiropoulos, B.Ec.

LEGISLATIVE REVIEW COMMITTEE

 

Appointed 2 December 1997

   

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

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

Committee Secretary: Mr. D. Pegram, B.A.

SOCIAL DEVELOPMENT COMMITTEE

 

Appointed 2 December 1997

   

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

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

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

STATUTORY AUTHORITIES REVIEW COMMITTEE

 

Appointed 2 December 1997

   

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

The Hon J F Stefani MLC
The Hon C Zollo MLC

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

OCCUPATIONAL SAFETY, REHABILITATION AND COMPENSATION COMMITTEE

 

Appointed 2 December 1997

   

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

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

Committee Secretary: Ms. L. Van Der Ploeg, B.Ec.

STATUTORY OFFICERS COMMITTEE

 

Appointed 2 December 1997

   

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

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

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

 
 

JOINT COMMITTEES
___________

 

JOINT PARLIAMENTARY SERVICE COMMITTEE

 

Appointed 2 December 1997

   

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

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

 

JOINT COMMITTEE ON TRANSPORT SAFETY

 

Appointed 20 August 1998

   

The Hon D V Laidlaw MLC
(Minister for Transport and Urban
Planning)
The Hon S M Kanck MLC
The Hon C A Pickles MLC

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

 
 
 

SESSIONAL COMMITTEES
___________

 

STANDING ORDERS COMMITTEE

 

Appointed 2 December 1997

   

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

The Hon C A Pickles MLC
The Hon G Weatherill MLC

 

PRINTING COMMITTEE

 

Appointed 2 December 1997

   

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

The Hon J F Stefani MLC
The Hon C Zollo MLC

 
 
 

SELECT COMMITTEES
___________

 

PASTORAL AND LAND MANAGEMENT AND CONSERVATION (BOARD PROCEDURES, RENT, ETC.) AMENDMENT BILL AND COVERAGE OF THE PRINCIPAL ACT

 

Appointed 3 June 1998

   

The Hon D V Laidlaw MLC
(Minister for Transport and Urban
Planning)
The Hon M J Elliott MLC

The Hon P Holloway MLC
The Hon R R Roberts MLC
The Hon C V Schaefer MLC

Reported on 25 August 1998

OUTSOURCING OF STATE GOVERNMENT SERVICES

 

Appointed 11 December 1997

   

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

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

 

ESTABLISHMENT OF A SPECIAL COMMITTEE AND THE HOLDING OF A REFERENDUM ON THE SALE OF ETSA AND OPTIMA ENERGY

 

Appointed 2 September 1998

   

The Hon R I Lucas MLC
(Treasurer)
The Hon T G Cameron MLC
The Hon L H Davis MLC
The Hon P Holloway MLC

The Hon S M Kanck MLC
The Hon R D Lawson MLC
The Hon T G Roberts MLC
The Hon N Xenophon MLC

 

 


LIST OF BILLS CONSIDERED BY
LEGISLATIVE COUNCIL

___________

 

TOTAL NUMBER OF BILLS CONSIDERED BY LEGISLATIVE COUNCIL

     
 

Legislative Council origin

59

 

House of Assembly origin

46

         

113

 

TOTAL NUMBER OF BILLS PASSED BY BOTH HOUSES

       
 

Legislative Council origin

41

 
 

House of Assembly origin

40

81

 

BILLS CONSIDERED BY COUNCIL WHICH HAVE NOT PASSED BOTH HOUSES

   
 

Legislative Council origin:

 

Constitution (Promotion of Government Bills) Amendment - lapsed in Council.
Criminal Law (Legal Representation) - lapsed in Council.
Criminal Law Consolidation (Appeals) Amendment - lapsed in Council.
Dentists (Dental Prosthetists) Amendment - lapsed in Council.
Education (Government School Closures) Amendment - lapsed in House of Assembly.
Electoral (Abolition of Compulsory Voting) Amendment - lapsed in Council.
Evidence (Confidential Communications) Amendment - lapsed in Council.
Legal Services Commission (Legal Representation) Amendment - lapsed in Council.
National Parks and Wildlife (Game Birds) Amendment - negatived in Council.
Non-Metropolitan Railways (Transfer) (National Rail) Amendment - lapsed in Council.
Parliamentary Committees (Contracts Review) Amendment - lapsed in Council.
Parliamentary Committees (Membership of Social Development Committee) Amendment - negatived in Council.
Petroleum Products Regulation (Licence Fees and Subsidies) Amendment - withdrawn in Council.
Prostitution - lapsed in Council.
Public Finance and Audit (Appointment of Auditor-General and Reports) Amendment - lapsed in House of Assembly.
Retail and Commercial Leases (Miscellaneous) Amendment - lapsed in House of Assembly.
Subordinate Legislation (Miscellaneous) Amendment - lapsed in House of Assembly.
Workers Rehabilitation and Compensation (Mental Incapacity) Amendment - lapsed in House of Assembly.

 

House of Assembly origin:

 

Criminal Law Consolidation (Intoxication) Amendment - lapsed in Council.
Education (Government School Closures and Amalgamations) Amendment - lapsed in Council.
Electricity (Miscellaneous) Amendment - lapsed in Council.
Electricity Corporations (Restructuring and Disposal) - lapsed in Council.
Independent Industry Regulator - lapsed in Council.
Sustainable Energy - lapsed in Council.

 

 


SITTINGS OF COUNCIL
___________

 

The Council met on 46 days and sat for a total number of 301 hours 11 minutes.

 

 


LIST OF BILLS WHICH PASSED BOTH
HOUSES OF PARLIAMENT

___________

 

ORIGINATED IN THE LEGISLATIVE COUNCIL

 

Bill No.

Act No.

Aerodrome Fees

68

45 of 1998

Crimes at Sea

64

62 of 1998

Criminal Law (Forensic Procedures)

20,20A

8 of 1998

Development (Building Rules) Amendment

8

70 of 1997

Evidence (Use of Audio and Audio Visual Links) Amendment

29

9 of 1998

Gaming Machines (Gaming Venues in Shopping Centres) Amendment

6,6A

72 of 1997

Highways (Miscellaneous) Amendment

19

5 of 1998

International Transfer of Prisoners (South Australia)

24

11 of 1998

Legal Practitioners (Miscellaneous) Amendment

63,63A

50 of 1998

Legal Practitioners (Qualifications) Amendment

22,22A

12 of 1998

Liquor Licensing (Licence Fees) Amendment

61

49 of 1998

Liquor Licensing (Licensed Clubs) Amendment

21

2 of 1998

Local Government (Holdfast Shores) Amendment

5,5A

76 of 1997

Motor Vehicles (Cheque and Debit or Credit Card Payments) Amendment

74

53 of 1998

Motor Vehicles (Disabled Persons’ Parking Permits) Amendment

30

13 of 1998

Motor Vehicles (Heavy Vehicles Registration Charges) Amendment

2

77 of 1997

Motor Vehicles (Wrecked or Written Off Vehicles) Amendment

31

14 of 1998

National Electricity (South Australia) (Commencement) Amendment

70

32 of 1998

Non-Metropolitan Railways (Transfer) (Building and Development Work) Amendment


66


39 of 1998

Police Superannuation (Miscellaneous) Amendment

27

16 of 1998

Pollution of Waters by Oil and Noxious Substances (Miscellaneous) Amendment


75,75A


65 of 1998

Public Sector Management (Incompatible Public Offices) Amendment

15

17 of 1998

Road Traffic (Miscellaneous) Amendment

69,69A

58 of 1998

Road Traffic (School Zones) Amendment

46,46A

18 of 1998

Road Traffic (Speed Zones) Amendment

7

78 of 1997

Road Traffic (Vehicle Identifiers) Amendment

32

19 of 1998

Roxby Downs (Indenture Ratification) (Aboriginal Heritage) Amendment

12

79 of 1997

Sea-Carriage Documents

60

34 of 1998

Statutes Amendment (Adjustment of Superannuation Pensions)

28,28A

20 of 1998

Statutes Amendment (Attorney-General’s Portfolio)

65,65A

59 of 1998

Statutes Amendment (Consumer Affairs)

23,23A

21 of 1998

Statutes Amendment (Consumer Affairs) Amendment

62

22 of 1998

Statutes Amendment (Fine Enforcement)

81

60 of 1998

Statutes Amendment (Ministers of the Crown)

1

69 of 1997

Statutes Amendment (Motor Accidents)

73,73A

67 of 1998

Statutes Amendment (Native Title)

42,42A

23 of 1998

Statutes Amendment (Young Offenders)

59

41 of 1998

Superannuation (Miscellaneous) Amendment

43

24 of 1998

Tobacco Products Regulation (Dissolution of Sports, Promotion, Cultural and Health Advancement Trust) Amendment


93


61 of 1998

Tobacco Products Regulation (Licence Fees) Amendment

26

26 of 1998

Unclaimed Superannuation Benefits

4

80 of 1997

 

ORIGINATED IN THE HOUSE OF ASSEMBLY

 

Bill No.

Act No.

Aboriginal Lands Trust (Native Title) Amendment

40

3 of 1998

Appropriation

76

40 of 1998

Barley Marketing (Application of Parts 4 and 5) Amendment

50

6 of 1998

Barley Marketing (Deregulation of Stockfeed Barley) Amendment

85

37 of 1998

Bulk Handling of Grain Act Repeal

102

46 of 1998

Children’s Services (Child Care) Amendment

36,36A

7 of 1998

City of Adelaide

89,89A

47 of 1998

Criminal Law (Sentencing) (Victim Impact Statements) Amendment

77,77A

48 of 1998

Dangerous Substances (Transport of Dangerous Goods) Amendment

48

27 of 1998

Electricity (Miscellaneous) Amendment

13

71 of 1997

Emergency Services Funding

87,87A

63 of 1998

Financial Institutions Duty (Dutiable Receipts) Amendment

37

4 of 1998

Freedom of Information (Public Opinion Polls) Amendment

54

42 of 1998

Gaming Machines (Gaming Tax) Amendment

80

38 of 1998

Gas (Miscellaneous) Amendment

11

73 of 1997

Gas Pipelines Access (South Australia)

10

74 of 1997

Guardianship and Administration (Extension of Sunset Clause) Amendment

14

75 of 1997

Industrial and Employee Relations (Disclosure of Information) Amendment

47

10 of 1998

Irrigation (Dissolution of Trusts) Amendment

67

33 of 1998

Land Tax (Land Held on Trust) Amendment

9

81 of 1997

Local Government Finance Authority (Board Membership) Amendment

103

51 of 1998

Local Government (Memorial Drive Tennis Centre) Amendment

53

28 of 1998

Local Government (Miscellaneous) Amendment

96

52 of 1998

MFP Development (Winding Up) Amendment

35,35A

31 of 1998

Mutual Recognition (South Australia) (Extension of Operation) Amendment

34

1 of 1998

National Parks and Wildlife (Bookmark Biosphere Trust) Amendment

99

54 of 1998

National Wine Centre (Land of Centre) Amendment

52

15 of 1998

Pastoral Land Management and Conservation (Board Procedures, Rent, etc.) Amendment


38,38A


64 of 1998

Petroleum Products Regulation (Licence Fees and Subsidies) Amendment

55,55A

29 of 1998

Police

84,84A

55 of 1998

Police (Complaints and Disciplinary Proceedings) (Miscellaneous) Amendment


83,83A


56 of 1998

Primary Industry Funding Schemes

100

57 of 1998

Southern State Superannuation (Merger of Schemes) Amendment

98

66 of 1998

Stamp Duties (Miscellaneous) Amendment

79

36 of 1998

Stamp Duties (Miscellaneous No. 2) Amendment

16,16A

82 of 1997

Supply

51

25 of 1998

Technical and Further Education (Industrial Jurisdiction) Amendment

49,49A

35 of 1998

Valuation of Land (Miscellaneous) Amendment

56,56A

43 of 1998

Wheat Marketing (Grain Deductions) Amendment

97

44 of 1998

Workers Rehabilitation and Compensation (Self Managed Employer Scheme) Amendment


41,41A


30 of 1998

 

 


LIST OF BILLS INTRODUCED IN AND
AMENDED BY LEGISLATIVE COUNCIL

___________

 

 

TITTLE OF BILL

NO. OF AMENDMENTS
MADE BY
LEGISLATIVE COUNCIL

Criminal Law (Forensic Procedures)

33

Education (Government School Closures) Amendment

2

Gaming Machines (Gaming Venues in Shopping Centres) Amendment

3

Legal Practitioners (Miscellaneous)

7

Legal Practitioners (Qualifications) Amendment

7

Local Government (Holdfast Shores) Amendment

4

Pollution of Waters by Oil and Noxious Substances (Miscellaneous) Amendment


1

Retail and Commercial Leases (Miscellaneous) Amendment

6

Road Traffic (Miscellaneous) Amendment

3

Road Traffic (School Zones) Amendment

1

Statutes amendment (Adjustment of Superannuation Pensions)

4

Statues Amendment (Attorney-General’s Portfolio)

2

Statutes Amendment (Consumer Affairs)

1

Statues Amendment (Motor Accidents)

18

Statutes Amendment (Native Title)

1

Subordinate Legislation (Miscellaneous) Amendment

4

 

 


LIST OF HOUSE OF ASSEMBLY BILLS
AMENDED BY LEGISLATIVE COUNCIL

___________

 


Title of Bill

No. of
Amendments
made by
L.C.

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

No. of
Amendments
disagreed to
by H.A.

No. of
Amendments
not insisted
on by L.C.

No. of
Amendments
insisted on
by L.C.


Conference/
Resolution

Children’s Services (Child Care) Amendment

1

1

-

-

-

-

City of Adelaide

33

13

20
4 with alternative amendments

20
alternative amendments
made by HA
agreed to by LC

-

-

Criminal Law (Sentencing) (Victim Impact Statements) Amendment

2

2

-

-

-

-

Education (Government School Closures and Amalgamations) Amendment

4

-

4

-

-

Bill lapsed in LC

Emergency Services Funding

16

16

-

-

-

-

MFP Development (Winding Up) Amendment

2

2

-

-

-

-

Pastoral Land Management and Conservation (Board Procedures, Rent, etc.) Amendment

3

3

-

-

-

-

Petroleum Products Regulation (Licence Fees and Subsidies) Amendment

2

2

-

-

-

-

Police

36

4

32

-

32

Conference -
Agreement
Reached

Police (Complaints and Disciplinary Proceedings) (Miscellaneous) Amendment

2

1

1

1
alternative amendment made by LC
agreed to by HA

-

-

Stamp Duties (Miscellaneous) Amendment

1

1

-

-

-

-

Technical and Further Education (Industrial Jurisdiction) Amendment

1

1
with a consequential amendment subsequently agreed to by LC

-

-

-

-

Valuation of Land (Miscellaneous) Amendment

4

-

4

-

4

Conference -
Agreement
Reached

Workers Rehabilitation and Compensation (Self Managed Employer Scheme) Amendment

2

1

1

1
alternative amendment made by LC
agreed to by HA

-

-

 

 


SUBSTANTIVE MOTIONS AND RESOLUTIONS
___________

 

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

 

ADDRESS-IN-REPLY - motion for adoption of -

 

Moved by The Hon. J.S.L. Dawkins, 3 December 1997.
Seconded by
The Hon. C. V. Schaefer, 3 December 1997.
Adopted and presented to
His Excellency The Governor on 26 February 1998.

 

GOVERNMENT MOTIONS -

 

Auditor-General, Report, 1996-97 - Noting of -

   

Moved by the Treasurer, 25 February 1998 and agreed to, 5 August 1998.

 

Draft South Australian Rural Road Safety Strategy - Environment, Resources and Development Committee to investigate -

   

Moved by the Minister for Transport and Urban Planning, 25 February 1998 and agreed to, 18 March 1998.

 

SELECT COMMITTEES - COUNCIL -

 

Motor Accidents Commission -

   

Moved by The Hon. N. Xenophon, 26 August 1998. (Motion lapsed due to Prorogation.)

 

Outsourcing of State Government Services -

   

Moved by The Hon. M. J. Elliott, 10 December 1997 and agreed to, 11 December 1997.

   

Extension of time for bringing up Report - moved by the Minister for Disability Services, and agreed to, 25 March 1998, 22 July 1998.

   

Power to sit during the recess - moved by the Minister for Disability Services, and agreed to, 26 August 1998.

 

Pastoral Land Management and Conservation (Board Procedures, Rent, etc.) Amendment Bill and Coverage of the Principal Act -

   

Appointment of - moved by The Hon. T. G. Roberts, and agreed to, 3 June 1998.

   

Instruction to amend terms of reference - moved by The Hon. M. J. Elliott, and agreed to, 4 June 1998.

   

Extension of time for bringing up Report - moved by the Minister for Transport and Urban Planning, and agreed to, 21 July 1998.

   

Report brought up, 25 August 1998.

 

The Establishment of a Special Committee and the Holding of a Referendum on the Sale of ETSA and Optima Energy -

   

Moved by The Hon. T. G. Cameron, 2 September 1998, amendment moved by The Hon. P. Holloway, 2 September 1998, amendments moved by The Hon. M. J. Elliott, 2 September 1998, amendment of The Hon. P. Holloway disagreed to, amendments of The Hon. M. J. Elliott moved separately and disagreed and agreed to, motion, as amended, agreed to, 2 September 1998.

   

Power to sit during the recess - moved by The Hon. T. G. Cameron, and agreed to, 2 September 1998.

 

Voluntary Euthanasia Bill of 1997 (Previous Parliament) -

   

Moved by The Hon. C. A. Pickles, 25 February 1998, amendment to refer matter to Social Development Committee moved by The Hon. C. V. Schaefer, 18 March 1998, amendment agreed to, motion as amended, agreed to, 25 March 1998.

 

COMMITTEES - JOINT -

 

Transport Safety -

   

Moved by the Minister for Transport and Urban Planning, 27 May 1998, amendment moved by The Hon. C. A. Pickles, 4 June 1998, amendment agreed to and motion as amended, agreed to, 9 July 1998.

   

Message to House of Assembly requesting concurrence, 9 July 1998.

   

Message from House of Assembly concurring with Resolution, 20 August 1998.

   

Appointment of Council Members - moved by the Minister for Transport and Urban Planning and agreed to, 20 August 1998.

   

Power to sit during the recess - moved by the Minister for Transport and Urban Planning, and agreed to, 20 August 1998.

 

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

 

Moved by Member on own behalf -

   

Education Act - Materials and Services Charges -
Moved by The Hon. C. A. Pickles, 12 August 1998 and agreed to, 26 August 1998.

   

Fisheries Act - Lobster Pots -
Moved by The Hon. R. R. Roberts, 25 March 1998, Order of the Day discharged, 12 August 1998.

   

Industrial and Employee Relations Act - Unfair Dismissal -
Moved by The Hon. T. G. Roberts, 3 December 1997 and agreed to, 11 December 1997.

   

Motor Vehicles Act - Trade Plates -
Moved by The Hon. S. M. Kanck, 25 February 1998. (Motion lapsed due to Prorogation.)

   

Native Vegetation Act - Exemptions -
Moved by The Hon. M. J. Elliott, 10 December 1997 and agreed to, 11 December 1997.

   

Racing Act - Stablehands -
Moved by The Hon. R. R. Roberts, 8 July 1998. (Motion lapsed due to Prorogation.)

   

Technical and Further Education Act - Principal -
Moved by The Hon. M. J. Elliott, 25 March 1998 and agreed to, 2 September 1998.

 

Moved by Member on behalf of Legislative Review Committee -

   

Education Act - Materials and Services Charges -
Moved by The Hon. A. J. Redford, 26 August 1998, Order of the Day discharged, 26 August 1998.

   

Public Corporations Act - Australian Masters Games -
Moved by The Hon. A. J. Redford, 5 August 1998, Motion withdrawn, 5 August 1998.

   

Water Resources Act - Principal -
Moved by The Hon. A. J. Redford, 2 September 1998, Order of the Day discharged, 2 September 1998.

 

PRIVATE MEMBERS' MOTIONS -

 

Adelaide Festival Success 1998 -

   

Moved by The Hon. C. A. Pickles, 18 March 1998, amendment moved by the Minister for Transport and Urban Planning, 18 March 1998, amendment agreed to, motion as amended, agreed to, 25 March 1998.

 

Auditor-General's Attendance in Council -

   

Moved by The Hon. M. J. Elliott, 18 March 1998 and disagreed to, 25 March 1998.

 

Auditor-General's Report on the Port Adelaide Flower Farm - Noting of -

   

Moved by The Hon. L. H. Davis, 11 December 1997 and agreed to 22 July 1998.

 

Australia becoming a Republic -

   

Moved by The Hon. M. J. Elliott, 18 February 1998, amendment moved by The Hon. J. F. Stefani, 27 May 1998, amendment moved by The Hon. S. M. Kanck, 22 July 1998, amendment of The Hon. J. F. Stefani disagreed to, amendment of The Hon. S. M. Kanck agreed to, motion, as amended, agreed to, 5 August 1998.

 

Australian Defence Force Personnel - Involvement in Maritime Training Program -

   

Moved by The Hon. T. G. Roberts, 10 December 1997, amendment moved by The Hon. R. R. Roberts and agreed to, motion as amended agreed to, 1 July 1998.

 

Catherine Sparrow - National Winner of the Nestlé Write Around Australia Competition 1997 -

   

Moved by the Minister for Transport and Urban Planning, and agreed to, 10 December 1997.

 

Croydon Primary School Closure -

   

Moved by The Hon. C. A. Pickles, 18 March 1998 and agreed to, 22 July 1998.

 

Environment, Resources and Development Committee Report, 1996-97 - Noting of -

   

Moved by The Hon. J.S.L. Dawkins and agreed to, 18 March 1998.

 

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

   

Moved by The Hon. J.S.L. Dawkins, 2 July 1998 and agreed to, 5 August 1998.

 

Environment, Resources and Development Committee - Report on Establishment of Artificial Reefs - Noting of -

   

Moved by The Hon. J.S.L. Dawkins and agreed to, 18 March 1998.

 

Glendi Greek Festival -

   

Moved by The Hon. C. Zollo, 25 March 1998 and agreed to, 1 July 1998.

 

Legislative Review Committee Report, 1996-97 - Noting of -

   

Moved by The Hon. A. J. Redford, 25 March 1998 and agreed to, 27 May 1998.

 

Legislative Review Committee - Policy on Examination of Regulations - Noting of -

   

Moved by The Hon. A. J. Redford, 3 June 1998 and agreed to, 27 August 1998.

 

Legislative Review Committee - Report on Regulations under the Development Act 1993 concerning Smoke Alarms - Noting of -

   

Moved by The Hon. A. J. Redford, 3 June 1998 and agreed to, 1 July 1998.

 

Multilateral Agreement on Investment -

   

Moved by The Hon. M. J. Elliott, 8 July 1998 and agreed to, 27 August 1998.

 

Rail Links with Eastern States - Environment, Resources and Development Committee to inquire into -

   

Moved by The Hon. M. J. Elliott, 19 August 1998 and agreed to, 26 August 1998.

 

Social Development Committee - Report on Gambling - Noting of -

   

Moved by The Hon. C. V. Schaefer, 26 August 1998. (Motion lapsed due to Prorogation.)

 

Statutory Authorities Review Committee Report, 1996-97 - Noting of -

   

Moved by The Hon. L. H. Davis, 10 December 1997 and agreed to, 18 February 1998.

 

Statutory Authorities Review Committee - Interim Report on the Management of the West Terrace Cemetery by the Enfield General Cemetery Trust - Noting of -

   

Moved by The Hon. L. H. Davis, and agreed to, 12 August 1998.

 

Statutory Authorities Review Committee - Report on a Review of the Commissioners of Charitable Funds - Noting of -

   

Moved by The Hon. L. H. Davis, and agreed to, 27 May 1998.

 

Statutory Authorities Review Committee - Report on the Second Inquiry into the Timeliness of Annual Reporting by Statutory Authorities - Noting of -

   

Moved by The Hon. L. H. Davis, and agreed to, 26 August 1998.

 

Waterfront Conflict -

   

Moved by The Hon. T. G. Roberts, 18 February 1998 and agreed to, 1 July 1998.

 

 


PETITIONS
___________

 

CONDUCT OF STATE HERITAGE AUTHORITY MEMBERS RE THE PROCESS OF AN APPLICATION MADE BY ALAN RUSSELL GRIFFITHS

 

Praying that the Council will request the Governor of South Australia, Sir Eric Neal, to undertake an investigation into the State Heritage Authority Members as to their conduct in the failure to process an application accepted and acknowledged as received by the State Heritage Branch and assessed under the criteria of the Heritage Act 1933.

   

Presented by The Hon. C. V. Schaefer, 26 February 1998, 1 signature.

 

SALE OF COMMUNITY OPEN SPACE

 

Praying that the Council will stop the Government selling off our open spaces and instead ensure that a planning system is developed in consultation with the community and local government, which ensures the distribution of an adequate minimum standard of active, passive and environmental open spaces which are equitably distributed across our community.

   

Presented by The Hon. M. J. Elliott, 19 February 1998, 413 signatures.

 

VOLUNTARY EUTHANASIA

 

Praying that the Council will pass a Bill legalising strictly and properly regulated voluntary euthanasia for the terminally ill.

   

Presented by The Hon. C. A. Pickles, 11 December 1997, 709 signatures.

 

VOLUNTARY EUTHANASIA

 

Praying that the Council will reject euthanasia legislation in any form.

   

Presented by The Hon. P. Holloway, 19 March 1998, 79 signatures.

 

 


SYNOPSIS OF LEGISLATION
___________

 

AERODROME FEES BILL

 

The purpose of this Bill is to enable aerodrome operators to recover fees for aircraft arrival, training approaches, parking and departing at an aerodrome from the certificate of registration holder of the aircraft. The Bill will only apply to aerodrome operators who choose to publish their fees in accordance with the Bill and it will not affect or limit contractual powers to charge and recover any fees.

   

(May 27, June 4, 30, August 20 - Act No. 45 of 1998)

 

CONSTITUTION (PROMOTION OF GOVERNMENT BILLS) AMENDMENT BILL

 

This will seeks to prevent the Executive arm of Government attempting to interfere with the functioning of the Legislature by preventing public moneys being spent on an advertising campaign on a Government Bill or its underlying policy unless the nature and extent of the advertising campaign has been approved by resolution of both Houses of Parliament or the Bill has been passed by both Houses.

   

(July 22, August 27 - Lapsed due to Prorogation)

 

CRIMES AT SEA BILL

 

This Bill is part of a scheme which will simplify the application of the criminal law in waters surrounding Australia.

 

Under the scheme agreed to by the Standing Committee of Attorneys-General, the Commonwealth and the States will enact Acts containing an identical schedule that constitutes the scheme for the extraterritorial application of State criminal laws in the sea surrounding Australia (the adjacent area). The adjacent area extends 200 nautical miles from the baseline of the State or to the outer limit of the continental shelf (whichever is the greatest distance).

 

The criminal law of the State is to apply of its own force to a distance of 12 nautical miles from the baseline of the State. Beyond 12 nautical miles the criminal law of the State is applied with the force of a Commonwealth law.

   

(March 26, May 27, August 19 - Act No. 62 of 1998)

 

CRIMINAL LAW CONSOLIDATION (APPEALS) AMENDMENT BILL

 

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

 

The Bill provides that the court on hearing an appeal against an acquittal by judge alone can dismiss the appeal, or allow the appeal and order a new trial.

   

(February 19, March 17, June 4 - Lapsed due to Prorogation)

 

CRIMINAL LAW (FORENSIC PROCEDURES) BILL

 

The purpose of this Bill is to codify the powers of the police to collect forensic samples and thus to facilitate the production of scientific evidence in a criminal trial. The Bill also seeks an appropriate balance between public values which are commonly in conflict in the criminal investigation process.

   

(December 10, February 17, 25, March 19 - Act No. 8 of 1998)

 

CRIMINAL LAW (LEGAL REPRESENTATION) BILL

 

The purpose of this Bill is to reform the law relating to the power to stay the trial of a serious offence on the ground that the defendant has insufficient financial resources to prevent an adequate defence at trial. It seeks to remedy some of the difficulties arising from the High Court decision in Dietrich v The Queen.

 

As a result of that decision, Courts are being asked to stay proceedings on the basis of the indigence of the defendant. For a case to proceed where the stay has been granted, it is necessary for the Legal Services Commission to provide legal assistance (even if the case does not meet its criteria) or for the Government to contribute to the defendant’s costs.

 

The Bill seeks to -

 







preserve the courts power to stay proceedings in accordance with Dietrich;
to clarify ambiguities;
reduce the number of Dietrich applications;
minimise abuse;
identify and resolve Dietrich cases at the pre trial stage;
address other procedural problems associated with Dietrich applications; and
give the Government flexibility in connection with the funding of trials that have been or are likely to be stayed.

   

(August 6 - Lapsed due to Prorogation)

 

DENTISTS (DENTAL PROSTHETISTS) AMENDMENT BILL

 

The main purpose of this Bill is to enable a dental prosthetist (sometimes known as a clinical dental technician) to fit partial dentures where that prosthetist has satisfactorily completed a specified course and provided the patient has obtained a certificate of oral hygiene from a dentist registered under the Act. A dental prosthetist can only fit a partial denture under this Bill where a patient has obtained a certificate of oral hygiene from a dentist not more than six months prior to the fitting of the partial denture.

   

(February 25, March 18, August 19 - Lapsed due to Prorogation)

 

DEVELOPMENT (BUILDING RULES) AMENDMENT BILL

 

The purpose of this Bill is to provide a procedure for granting a building rules consent within the existing framework of the Development Act and seeks to achieve a consistent and efficient system which will realise the potential of the performance based Building Code.

 

The Bill also provides for a council or private certifier, as the relevant authority, to seek concurrence from a Building Rules Assessment Commission, established as a statutory subcommittee of the Development Assessment Commission. The members of the Building Rules Assessment Commission will have specialist expertise to determine matters relating to the performance requirements of the Building Code of Australia.

   

(December 3, 9, 10 - Act No. 70 of 1997)

 

EDUCATION (GOVERNMENT SCHOOL CLOSURES) AMENDMENT BILL

 

The purpose of this Bill is to establish a process so that when the Minister announces that a Government school is to be closed a review committee would be established.

 

In conducting a review of a proposal to close a school, a committee must -

 




call for submissions and seek expert demographical and educational advice relating to the school’s present and future use; and
invite submissions from, and meet with, teachers and parents of students of the school and representatives of local communities likely to be affected by the closure of the school.

 

The committee must have regard to the educational, social and economic needs of the local communities likely to be affected by the closure and of the needs of the State as a whole when making its recommendation.

 

If a committee recommends that a Government school should not be closed and the Minister does not accept that recommendation, the Minister must, within 21 days of receiving the committee’s report, publish in a newspaper circulating generally throughout the State the Minister’s reasons -

 


for closing the school; and
for rejecting the recommendation of the committee.

   

(December 3, 9 - Lapsed due to Prorogation)

 

ELECTORAL (ABOLITION OF COMPULSORY VOTING) AMENDMENT BILL

 

This Bill provides for the repeal of Division 6 of Part 9 of the Electoral Act so as to remove the requirement for each elector to vote at an election.

   

(June 4, July 9, 21, 22, August 5, 11, 18 - Lapsed due to Prorogation)

 

EVIDENCE (CONFIDENTIAL COMMUNICATIONS) AMENDMENT BILL

 

The purpose of this Bill is to enact a specific public interest immunity model appropriate to the category of information with which it deals. The Bill enacts a two stage process for considering applications by anyone in litigation, civil or criminal, for access to what the Bill calls a "protected communication". In the first stage, the person making the application must seek leave of the court and show that he or she has a legitimate forensic purpose for seeking access and that there is an arguable case that the evidence will materially assist the presentation or furtherance of the applicant’s case.

 

If this stage is passed, the court then has a discretion about what to do next, according to the case for leave made out by the applicant. The court can require the holder of the information to answer questions, produce the records to the court, or as a last resort, appear before the court to give evidence. At this stage, the question for the court is whether, despite the success of the argument for the applicant on the first stage, whether the evidence should be produced. The answer to that question depends upon a balancing test, and that is the second stage. At this point, there must be an assessment of the conflicting aims of public interest in the light of the particular circumstances of the case which will, of course, vary in individual cases.

   

(August 27 - Lapsed due to Prorogation)

 

EVIDENCE (USE OF AUDIO AND AUDIO VISUAL LINKS) AMENDMENT BILL

 

The purpose of this Bill is to allow South Australian Courts to take evidence or submissions by audio visual or audio link from people interstate and to allow Courts interstate to take evidence or submissions using the same means from people within South Australia.

   

(February 18, March 17, 18, 24 - Act No. 9 of 1998)

 

GAMING MACHINES (GAMING VENUES IN SHOPPING CENTRES) AMENDMENT BILL

 

The purpose of this Bill is to amend the Gaming Machines Act 1992 to prohibit the Liquor and Gaming Commissioner from granting a gaming machine licence or in any other way allowing gaming machine operations in a retail shop, or being located within the boundaries of a shopping complex.

   

(December 3, 4, 10 - Act No. 72 of 1997)

 

HIGHWAYS (MISCELLANEOUS) AMENDMENT BILL

 

The purpose of this Bill is to make two amendments to the Highways Act 1926. The first is an amendment to impose meaningful penalties on motorists who drive on outback roads which have been temporarily closed following rain, thereby damaging them. The Bill amends section 12a of the Act to replace the Commissioner’s discretion to delegate his powers or functions to any officer of the Department, with the discretion to delegate to any person; amends section 26(3g) to increase the penalty from $100 to $1,250; adds a penalty of $2,500 for second and subsequent offences; and gives the court the power to order a person guilty of a contravention of this subsection to pay to the Commissioner the amount of any damage caused.

 

The second amendment is to improve the operation of the Act regarding controlled-access roads. The Bill amends Part IIA of the Act to clarify the Commissioner’s powers to control access to these roads, from and to private property; increases the penalties for illegal access to $1,250; gives the Commissioner power to require a person to remove an illegal access and to restore the land to its former condition, with a penalty of $1,250 for failure to do so; introduces a maximum penalty of $125 per day for each day the illegal access continues to exist; and gives the court power to order the person to pay compensation for loss or damage arising from an offence.

   

(December 10, February 17, 18, March 19 - Act No. 5 of 1998)

 

INTERNATIONAL TRANSFER OF PRISONERS (SOUTH AUSTRALIA) BILL

 

The purpose of this Bill is to give effect to the scheme for the international transfer of prisoners set out in the International Transfer of Prisoners Act 1997 of the Commonwealth by enabling such prisoners to be transferred to and from this State.

   

(December 10, February 17 - Act No. 11 of 1998)

 

LEGAL PRACTITIONERS (MISCELLANEOUS) AMENDMENT BILL

 

This Bill amends the Legal Practitioners Act 1981 in two major areas. The first area concerns a national practising certificate. For those States and Territories which agree to participate in the national practising certificate regime, a practitioner issued with a practising certificate in the State or Territory will be able, without any further action, to practise in each participating State and Territory.

 

The second substantial area of amendments in the Bill strengthens disciplinary provisions. A new category of undesirable conduct, described as "unsatisfactory conduct" is introduced. This is defined in clause 3 as conduct which is less serious than unprofessional conduct but involves a failure to meet the standard of conduct observed by competent practitioners of good repute. Complaints of unsatisfactory conduct are made to the Legal Practitioners Conduct Board.

   

(March 26, May 28, June 2, August 9, 25 - Act No. 50 of 1998)

 

LEGAL PRACTITIONERS (QUALIFICATIONS) AMENDMENT BILL

 

The purpose of this Bill is to establish the Legal Practitioners Education and Admission Council. This body will determine the qualifications necessary for legal practitioners in the State.

   

(December 10, February 17, March 24 - Act No. 12 of 1998)

 

LEGAL SERVICES COMMISSION (LEGAL REPRESENTATION) AMENDMENT BILL

 

This Bill, together with the Criminal Law (Legal Representation) Bill, sets out the proposed legislative framework for dealing with issues arising from the Dietrich decision.

 

The Bill inserts two new Divisions into Part 4 of the Act to deal with the investigation of applications for legal assistance and legal assistance in criminal cases. The Bill also makes a number of miscellaneous amendments and includes a schedule of statutes law revision amendments.

   

(August 6 - Lapsed due to Prorogation)

 

LIQUOR LICENSING (LICENSED CLUBS) AMENDMENT BILL

 

The main purpose of this Bill is to establish a further category of club licence - a limited club licence. The licence is for a club that does not have gaming machines and is not open to the general public. The club is required to provide personal details about members of the committee of management of the club to the Liquor and Gaming Commissioner and is required to remove a person from the committee if the Commissioner is of the opinion that the person is not a fit and proper person to be such a member.

 

The Bill also amends section 97 of the Liquor Licensing Act to enable the licensing authority to allow a licensed business (in view of the limited scope of the business conducted under the licence) to be managed in a way that does involve constant personal supervision and management by the licensee or a director or a person approved as the manager. Another person may be approved if the licensing authority believes that the arrangements will not compromise the responsible service and consumption principles. The Bill provides for a review of the operation of this amendment by the Minister after twelve months.

   

(December 10, February 17, 18, 26 - Act No. 2 of 1998)

 

LIQUOR LICENSING (LICENCE FEES) AMENDMENT BILL

 

The purpose of this Bill is to repeal provisions which relate to the imposition of ad valorem licence fees. This is necessary as a High Court decision has invalidated the collection of these fees.

 

The Federal Government has, at the request of all States and Territories, introduced measures to ensure that States and Territories are reimbursed for the loss of revenue as a result of the High Court decision through a 15 per cent increase in the wholesale sales tax on liquor.

   

(March 25, May 26, 28, August 18, 25 - Act No. 49 of 1998)

 

LOCAL GOVERNMENT (HOLDFAST SHORES) AMENDMENT BILL

 

The main purpose of this Bill is to address an issue concerning the legal status of part of the Glenelg West Beach Development site which is subject to section 886ba of the Local Government Act. This section is to be amended to vest certain land at Glenelg in the Minister for Government Enterprises. However, the vesting will not operate to extinguish the rights of a lessee or licensee under a lease or licence granted by the City of Holdfast Bay before the introduction to Parliament of this measure. The Governor will be able, by proclamation, to fix the seaward boundary of the relevant land in order to provide complete certainty for the redefinition of boundaries in due course (if required).

 

The Bill also inserts a new section 886bb concerning the effective management of sand in association with the construction of any boating facility within, or adjacent to, the West Beach area.

   

(December 3, 9, 11 - Act No. 76 of 1997)

 

MOTOR VEHICLES (CHEQUE AND DEBIT OR CREDIT CARD PAYMENTS) AMENDMENT BILL

 

The purpose of this Bill is to provide the Registrar of Motor Vehicles with the power to recover amounts owing where a payment made by merchant card is subsequently dishonoured. The Bill also provides for the payment of a level 3 administration fee ($20) to recover the administrative costs of dealing with dishonoured cheques and merchant cards.

   

(July 1, 8, August 20 - Act No. 53 of 1998)

 

MOTOR VEHICLES (DISABLED PERSONS’ PARKING PERMITS) AMENDMENT BILL

 

The purpose of this Bill is to extend the eligibility for "Disabled Persons’ Parking Permits" to persons with temporary physical disabilities, and also to organisations which provide services to physically disabled persons.

   

(February 18, 26, March 26 - Act No. 13 of 1998)

 

MOTOR VEHICLES (HEAVY VEHICLES REGISTRATION CHARGES) AMENDMENT BILL

 

The purpose of this Bill is to correct a deficiency in the legislation for the collection of the national heavy vehicle registration charges. The amendment substitutes a new definition of prescribed registration fee that provides for registration fees for heavy vehicles to be determined by reference to the Commonwealth Road Transport Charges Act.

   

(December 2, 4, 9 - Act No. 77 of 1997)

 

MOTOR VEHICLES (WRECKED OR WRITTEN OFF VEHICLES) AMENDMENT BILL

 

This Bill provides that a "Written Off Vehicle Notice" be attached to a wrecked or written off motor vehicle prior to the vehicle being offered for sale, including wrecked or written off vehicles imported into South Australia from interstate or overseas. A "Written Off Vehicle Notice" will carry a warning regarding the misuse of vehicle identifiers.

 

The Bill also provides that additional information about the area and severity of damage caused to a vehicle be notified to the Registrar of Motor Vehicles. The Registrar will have the power to examine any motor vehicle that has been modified, or fitted with a new engine.

   

(February 18, 26, March 24 - Act No. 14 of 1998)

 

NATIONAL ELECTRICITY (SOUTH AUSTRALIA) (COMMENCEMENT) AMENDMENT BILL

 

The purpose of this Bill is to exclude the application of section 7(5) of the Acts Interpretation Act 1915 to the commencement of the National Electricity (South Australia) Act 1996. Instead, the Act will come into operation once the Act has been proclaimed by the Governor of South Australia.

   

(May 27, June 2, 3, 4 - Act No. 32 of 1998)

 

NATIONAL PARKS AND WILDLIFE (GAME BIRDS) AMENDMENT BILL

 

The purpose of this Bill is to ban the hunting of game birds which are defined as ducks, geese and quail.

   

(February 18, July 1, August 12 - Negatived in Legislative Council)

 

NON-METROPOLITAN RAILWAYS (TRANSFER) (BUILDING AND DEVELOPMENT WORK) AMENDMENT BILL

 

The purpose of this Bill is to add a new provision to the Non-Metropolitan Railways (Transfer) Act 1997 that will allow building and development work carried out on land transferred under the Railway Agreement before the commencement of the principal Act to be regarded as complying with the statutory and regulatory requirements that applied at the time of the work.

   

(March 26, June 2, 4, 21 - Act No. 39 of 1998)

 

NON-METROPOLITAN RAILWAYS (TRANSFER) (NATIONAL RAIL) AMENDMENT BILL

 

This Bill provides a referral of powers to the Commonwealth under the Australian Constitution with a view to allowing National Rail to operate rail freight services in South Australia.

 

Under its Memorandum of Association, National Rail is prohibited from operating intra-State services in its own right, in the absence of a referral of powers to the Commonwealth and a letter of authorisation from the State Government.

 

Control over the extent of National Rail’s activities in the State will be exercised by the Minister for Transport and Urban Planning only authorising specific services. Initially this will be for haulage of steel products for BHP from Whyalla to Adelaide. Future approaches from National Rail will be considered on their merits.

   

(August 19, 25 - Lapsed due to Prorogation)

 

PARLIAMENTARY COMMITTEES (CONTRACTS REVIEW) AMENDMENT BILL

 

The purpose of this Bill is to establish the Contracts Review Committee under the Parliamentary Committees Act. The Committee would consist of five Members of the Legislative Council. A major public contract would be a contract involving expenditure from money provided by Parliament or a State instrumentality of more than $4 million.

   

(March 18, June 3 - Lapsed due to Prorogation)

 

PARLIAMENTARY COMMITTEES (MEMBERSHIP OF SOCIAL DEVELOPMENT COMMITTEE) AMENDMENT BILL

 

The purpose of the Bill is to increase the membership of the Social Development Committee from six to eight, each House providing an additional Member.

   

(December 10, February 25 - Negatived in Legislative Council)

 

PETROLEUM PRODUCTS REGULATION (LICENCE FEES AND SUBSIDIES) AMENDMENT BILL

 

This Bill repeals those provisions of the Petroleum Products Regulation Act 1995 that relate to ad valorem licence fees and inserts provisions to support the ongoing payment of subsidies to the petroleum industry to ensure that the price of fuel "at the pump" does not increase as a result of the introduction of the Commonwealth excise surcharge safety net arrangements.

   

(February 26 - Bill withdrawn in Legislative Council)

 

POLICE SUPERANNUATION (MISCELLANEOUS) AMENDMENT BILL

 

The purpose of this Bill is to make a number of technical amendments to the Police Superannuation Act concerning the administration of the Act. The Bill will enable contributions and benefits for commissioned officers employed on a contract to be based on the highest salary achieved in either a permanent position or in a contract position.

 

The Bill also addresses the situation where police officers are seconded to positions in another police force. The Bill provides that where a police officer is seconded to serve in another police force or police forces for at least five years, or periods aggregating five years or more, the contributions payable by the officer during the period of secondment will be based on the actual salary received. Furthermore, the officer’s final salary for the determination of benefits will be adjusted to reflect any higher salary paid by the other policing agency as a consequence of the secondment.

   

(February 18, March 17, 24, 25 - Act No. 16 of 1998)

 

POLLUTION OF WATERS BY OIL AND NOXIOUS SUBSTANCES (MISCELLANEOUS) AMENDMENT BILL

 

The purpose of this Bill is to implement in South Australia the requirements of the "International Convention for the Prevention of Pollution from Ships" of which Australia is a signatory. The requirements relate to the disposal of harmful substances carried by sea in packaged form and also the disposal of garbage.

   

(July 1, 7, August 25, 27 - Act No. 65 of 1998)

 

PROSTITUTION BILL

 

The purpose of this Bill is to prohibit prostitution except where the services of the prostitute are provided in a registered brothel or through a registered escort agency; to protect children against exploitation and abuse related to prostitution; to discourage criminal activity in connection with prostitution; and, in particular, to discourage the distribution or use of illicit drugs in connection with prostitution.

   

(March 25, July 1, 22, August 12, 19 - Lapsed due to Prorogation)

 

PUBLIC FINANCE AND AUDIT (APPOINTMENT OF AUDITOR-GENERAL AND REPORTS) AMENDMENT BILL

 

The purpose of this Bill is to ensure that the Auditor-General is appointed by a process that emerges from the Parliament. The Bill also ensures that the Parliament, not just when it is sitting, but if it is not sitting for an extended period of time, is capable of receiving reports from the Auditor-General.

   

(March 25, May 27, August 5 - Lapsed due to Prorogation)

 

PUBLIC SECTOR MANAGEMENT (INCOMPATIBLE PUBLIC OFFICES) AMENDMENT BILL

 

The purpose of this Bill is to address the issue of incompatible appointments of public servants within Ministerial Departments.

 

The Bill provides that where a person holding an office is or has been appointed to a further office, he or she is not to be taken to have vacated the first mentioned office or to have been invalidly appointed to the further office simply because of a potential conflict between the duties of the offices, or because the duties of either one or more of the offices impliedly require the person’s full time attention.

 

The Bill also provides that where a person complies with directions from the Governor in relation to an actual or potential conflict between offices held concurrently, he or she is excused from any breach that would otherwise have occurred.

   

(December 9, February 17, 18, March 24 - Act No. 17 of 1998)

 

RETAIL AND COMMERCIAL LEASES (MISCELLANEOUS) AMENDMENT BILL

 

The purpose of this Bill is to enable current retail shop leases to have the provision for right of renewal.

   

(December 10, March 25, May 27, July 8, 22, August 12, 18 - Lapsed due to Prorogation)

 

ROAD TRAFFIC (MISCELLANEOUS) AMENDMENT BILL

 

The purpose of this Bill is to address an anomaly that exists that provides an exemption for police in motor vehicles from compliance with certain road rules but provides no similar exemption for police undertaking patrols on foot, pedal cycles or on horseback. The Bill also repeals the requirement under section 47DA of the Road Traffic Act to submit an annual report relating to breath testing stations; and provides that certain vehicles must give way to buses pulling out from the edge of the road.

   

(May 27, June 30, August 20 - Act No. 58 of 1998)

 

ROAD TRAFFIC (SCHOOL ZONES) AMENDMENT BILL

 

The purpose of this Bill is to amend the law to clarify the operation of speed limits in school zones. The Bill will make it clear that school zones are applicable in the case of primary and secondary schools and kindergartens, which are the institutions that in practice currently enjoy the benefit of 25 km/h speed limits. The Bill also makes provision for broadening the application of school zones by means of a Regulation, should the need to do so become apparent at some future time.

   

(March 18, 24, 25, 26 - Act No. 18 of 1998)

 

ROAD TRAFFIC (SPEED ZONES) AMENDMENT BILL

 

The purpose of this Bill is to remove any ambiguity in the law about school zones and speed zones operating at certain times of the day only. Section 32 of the Road Traffic Act provides for the establishment of speed zones by the Minister. This Bill adds a new provision making it clear that the Minister may, when fixing a speed limit, limit the operation of the speed limit to specified periods. The Bill also provides that the speed limit applying to the portion of road or carriageway immediately leading up to the zone will apply in the zone for periods other than those so specified, and will be taken to be indicated by signs in relation to the zone in accordance with section 32. This latter deeming provision relating to signs is necessary in view of the wording of section 50 of the principal Act which makes it an offence to drive a vehicle in a speed zone at a greater speed than the speed fixed for the zone and indicated by a sign or signs erected under the Act.

   

(December 3, 4, 9 - Act No. 78 of 1997)

 

ROAD TRAFFIC (VEHICLE IDENTIFIERS) AMENDMENT BILL

 

This Bill makes a number of initiatives to provide for more effective management of vehicle identifiers, i.e. vehicle identification numbers and vehicle identification plates. To minimise the illegal practice of vehicle identifiers being used to re-identify stolen motor vehicles, it is proposed that the vehicle identification number of a wrecked or written off vehicle be flagged as inactive. A system known as the "National Exchange of Vehicle and Driver Information System" (NEVDIS) is to be introduced to provide access to national data on vehicle identification numbers flagged as inactive for wrecked or written off vehicles.

   

(February 18, 26, March 24, 26 - Act No. 19 of 1998)

 

ROXBY DOWNS (INDENTURE RATIFICATION) (ABORIGINAL HERITAGE) AMENDMENT BILL

 

The Bill essentially has two purposes. First, the Bill legislates to remedy the administrative omission of failing to bring the Aboriginal Heritage Act 1979 into operation. In doing so it gives effect to Parliament’s clear intention and to the basis upon which the joint venturers originally initiated the mining project at Olympic Dam and on which they are currently engaged in a major expansion of their mining activities. The second purpose of the Bill is to amend the original operation of section 9 of the Roxby Downs (Indenture Ratification) Act 1982 in order to provide that the Aboriginal Heritage Act 1979 does not apply to any land outside of the Stuart Shelf Area or the Olympic Dam Area which may be the subject of operations by the joint venturers pursuant to the indenture; in other words, to limit the scope of the original Act and indenture.

   

(December 4, 10, 11 - Act No. 79 of 1997)

 

SEA-CARRIAGE DOCUMENTS BILL

 

This Bill modernises South Australian law concerning commercial shipping to bring it into line with modern legal and commercial practices and to recognise technological advances in the shipping industry. The Bill is based on a proposal agreed to by the Commonwealth and all States and Territories to adopt uniform legislation dealing with bills of lading and other maritime transport documents.

   

(March 25, May 26, 27, July 1 - Act No. 34 of 1998)

 

STATUTES AMENDMENT (ADJUSTMENT OF SUPERANNUATION PENSIONS) BILL

 

The purpose of this Bill is to amend the Judges’ Pensions Act 1974, the Parliamentary Superannuation Act 1974, the Police Superannuation Act 1990, and the Superannuation Act 1988 to provide that where a negative movement in the Consumer Price Index occurs, the Treasurer may direct that no adjustment to pensions shall take place for the year commencing in the following October.

   

(February 18, March 17, 24, 25 - Act No. 20 of 1998)

 

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

 

This Bill makes some minor uncontroversial amendments to a number of pieces of legislation administered by the Attorney-General, or legislation affecting areas within his portfolio, of which the most significant are -

 

Acts Interpretation Act 1915
The Bill provides that a person appointed to a position pursuant to section 14C(1) may also exercise powers under an Act which is not yet in operation, though those powers do not take effect until the relevant provision of the Act comes into operation. The Bill will enable matters to be undertaken in preparation for the commencement of an Act. The Bill has retrospective effect to 10 March 1988 as well as prospective effect.

 

Criminal Law Consolidation Act 1935
The Bill replaces section 353(5) with a subsection which provides that, in an appeal against sentence by a convicted person, while the Full Court is unable to increase the severity of a sentence, it may, where it passes a shorter sentence under section 353(4) of that Act, extend the non-parole period.

 

Environment, Resources and Development Court Act 1993
The Bill adds two subsections to section 45 providing for a means of recovering outstanding hearing fees. The new subsections provide that if fees remain outstanding after the date specified by a registrar in a letter of demand, the registrar may lodge a certificate for the fees with the District Court and the Registrar of the District Court must register it, whereupon it is regarded as a judgment or order of the District Court.

 

Oaths Act 1936
The Bill provides that a member of the Executive Council does not need to take the oath of allegiance or the oath of fidelity more than once during the life of a Parliament.

 

Police (Complaints and Disciplinary Proceedings) Act 1985
The Bill will provide for the creation of a panel of three or more magistrates appointed by the Governor, from which the Chief Magistrate may select one to act in the place of the deputy magistrate who is unavailable or absent from the Tribunal.

 

Wills Act 1936
The Bill replaces section 12(2) with a subsection providing that, in cases where a document expresses testamentary intentions but has not been executed with the formalities required by the Act, an applicant must satisfy the court that a deceased person intended to make a will or a codicil to give effect to the testamentary intentions expressed in the relevant document.

   

(March 26, June 2, August 19 - Act No. 59 of 1998)

 

STATUTES AMENDMENT (CONSUMER AFFAIRS) AMENDMENT BILL

 

This Bill makes minor amendments to various legislation in the Consumer Affairs portfolio.

   

(March 25, 26 - Act No. 2 of 1998)

 

STATUTES AMENDMENT (CONSUMER AFFAIRS) BILL

 

The purpose of this Bill is to amend various legislation in the Consumer Affairs portfolio to achieve consistency in legislation dealing with licensing. In some cases, the amendments are for uniformity of administration, providing the Office of Consumer and Business Affairs with certain housekeeping changes. The key amendments are -

 

Building Work Contractors Act 1995
This Act is amended to prevent persons disqualified from working in the building or security industries from operating de facto in those industries. The Act is also amended to ensure a series of contracts for domestic building work is regarded as a single contract, therefore requiring building indemnity insurance if the total value of work is $5,000 or more.

 

Land Agents Act 1994 and Conveyancers Act 1994
An amendment to these Acts inserts a provision to allow for an appeal to the Administrative and Disciplinary Division of the District Court from a refusal by the Commissioner to grant a licence or registration.

 

Residential Tenancies Act 1995
This amendment to section 36 removes a reference to the Magistrates Court and substitutes it with "the appropriate court" as many retirement village matters involve sums of money which exceed the Magistrates’ Court jurisdiction.

 

Retirement Villages Act 1987
Under the Retirement Villages Act 1987, residents have a charge over the property of the village under Section 9, in order to secure the (often large) entry fee. The Bill amends Section 9 to ensure that nothing in the Real Property Act affects the residents’ priority charge over the property of the village.

 

Second Hand Vehicle Dealers Act 1995
The Bill clarifies the roadworthiness requirement to ensure the same protection for all vehicles. Every second-hand motor vehicle sold by a dealer to the public must be roadworthy.

 

Security and Investigation Agents Act 1995
The Bill ensures that there is an onus on an employer to employ persons who hold the necessary licence for the work to be performed.

   

(December 10, February 17, 18, March 24 - Act No. 21 of 1998)

 

STATUTES AMENDMENT (FINE ENFORCEMENT) BILL

 

The purpose of this Bill is to reform the fine and expiation notice enforcement system in South Australia.

 

The reforms consist of administrative changes and legislative changes. The new system is based on models currently in force in Western Australia and New Zealand and accepted for implementation in New South Wales and Queensland. In general terms, the essence of the system is to discard what has been described as the criminal enforcement method of fine enforcement and instead to align the fine enforcement process more closely with that used in the collection of civil debts.

   

(July 9, August 5, 6, 11, 18, 25 - Act No. 60 of 1998)

 

STATUTES AMENDMENT (MINISTERS OF THE CROWN) BILL

 

The purpose of this Bill is to put in place the legislative changes that are necessary to implement changes to the composition of the Ministry. The new Ministry is to consist of ten Cabinet Ministers and five Ministers who will not be Cabinet Ministers. These five Ministers will assist Cabinet Ministers with responsibility for Departments with merged portfolios. The amendments also provide for the appointment of a Parliamentary Secretary to the Premier.

   

(December 2, 3, 4, 9 - Act No. 69 of 1997)

 

STATUTES AMENDMENT (MOTOR ACCIDENTS) BILL

 

The purpose of this Bill is to reduce pressure on Third Party bodily injury insurance premiums by containing the increase in the cost of claims.

 

The changes provided for in the Bill -

 








increase accountability of owners, drivers, passengers, and cyclists by penalising those who take unnecessary risks (for example, drink driving) and imposing obligations on road users to take appropriate measures to reduce the effects of injuries sustained in accidents by the use of seat belts and helmets;
cap high risk heads of damages;
remove anomalies from existing legislation;
address fraudulent and exaggerated claims and permit action to defend and discourage claims where such activity is suspected.

   

(June 4, July 9, August 6, 11, 13, 19, 20, 27 - Act No. 67 of 1998)

 

STATUTES AMENDMENT (NATIVE TITLE) BILL

 

The purpose of this Bill is to provide that an applicant for a mining tenement may negotiate a native title mining agreement extending to future production tenements with registered holders of native title. The Bill extends the operation of Part 9B of the Mining Act which provides a "right to negotiate" in respect of mining activities on native title land, to 17 June 2000.

   

(February 26, March 17, 18, 24 - Act No. 23 of 1998)

 

STATUTES AMENDMENT (YOUNG OFFENDERS) BILL

 

The purpose of this Bill is to address situations that can arise where persons are simultaneously subject to the juvenile and adult justice systems.

 

The first proposal in the Bill relates to a person who is liable to detention in a training centre and is charged with an offence alleged to have been committed after the person has turned 18 years of age. In these circumstances, the Bill will allow the Court the discretion to remand the person to a training centre rather than the adult remand centre.

 

Where a person is liable to youth detention but is on remand in the adult system, the Bill provides for the Court to be able to review the case and change the place of remand to a training centre. The Youth Court would also be able to review the case of a person remanded to a training centre and transfer the person to the adult system in appropriate cases.

 

Another proposal relates to persons in custody on adult remand who are also liable to detention for youth offences. The Bill provides for the period in custody in the adult system to be counted against the period of detention for the youth offence. Where a person who is liable to detention or imprisonment in a training centre is in prison on adult remand and is released from that remand, the Bill provides for the person to be transferred to a training centre.

   

(June 3, August 5, 12, 26, 27 - Lapsed due to Prorogation)

 

SUPERANNUATION (MISCELLANEOUS) AMENDMENT BILL

 

This Bill makes a number of technical amendments to the Superannuation Act 1988 and deals with issues that have arisen in the administration of the Act.

 

The Bill amends section 8 of the Act to enable a member to be appointed or elected for any period up to 3 years instead of a fixed term of 3 years.

 

The Bill also requires that members contribute at the existing specified rate of 3.0 per cent of salary and above as from 1 July 1998. A member contributing less than 3.0 per cent of salary will need to increase their contribution or transfer to the Triple S Scheme where they could in fact accrue a greater benefit.

   

(February 26, March 24, 25 - Act No. 24 of 1998)

 

TOBACCO PRODUCTS REGULATION (DISSOLUTION OF SPORTS PROMOTION, CULTURAL AND HEALTH ADVANCEMENT TRUST) AMENDMENT BILL

 

The purpose of this Bill is to disband Living Health as an independent authority and to provide that the budget appropriation of $13.4 million for Living Health be allocated to the Department of Human Services, the Department of Transport and Urban Planning, the Department of the Arts and the Office of Recreation and Sport within the Department of Industry and Trade.

   

(August 6, 12, 19, 20, 26 - Act No. 61 of 1998)

 

TOBACCO PRODUCTS REGULATION (LICENCE FEES) AMENDMENT BILL

 

The purpose of this Bill is to repeal the provisions of the Tobacco Products Regulation Act 1997 that relate to the imposition of ad valorem licence fees.

 

A decision by the High Court in 1997 that tobacco franchise fees were invalid cast doubt over the constitutional validity of business franchise fees on tobacco, petroleum and liquor, leaving the States and Territories little choice but to cease collecting them.

 

The revenue loss to the States and Territories meant that there was no alternative but to ask the Commonwealth to use its taxation powers to collect revenue previously raised by State and Territory business franchise fees on tobacco, petroleum and liquor and to introduce windfall gains tax legislation to protect the States and Territories from exposure to refund claims.

 

The Commonwealth has agreed to this request on the clear understanding that the States and Territories will repeal the relevant provisions of their business franchise fee Acts, with effect from the dates on which the increases in Commonwealth excise and wholesale sales tax were imposed on each of the affected products. This Bill puts that commitment into effect.

   

(February 18, March 17, 24, 25 - Act No. 26 of 1998)

 

UNCLAIMED SUPERANNUATION BENEFITS BILL

 

The purpose of this Bill is to provide the State with legislation complementary to that of the Commonwealth and similar to that either already introduced or being introduced by the other States, for the administration of unclaimed superannuation fund and approved deposit fund moneys.

 

The Bill will enable superannuation funds and approved deposit funds registered within South Australia to report and pay to the Treasurer unclaimed benefits held by the funds as at 30 June 1997. Without this arrangement, the unclaimed benefits would be payable to the Common-wealth Commissioner of Taxation.

   

(December 3, 9, 10 - Act No. 80 of 1997)

 

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

 

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

   

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

 

WORKERS REHABILITATION AND COMPENSATION (MENTAL INCAPACITY) AMENDMENT BILL

 

The purpose of this Bill is to allow for lump sum compensation in the Workers’ Rehabilitation and Compensation Act for people who are genuinely left with a psychiatric disability or mental illness of some kind arising from employment.

   

(July 8, 22, August 5, 12, 19 - Lapsed due to Prorogation)

 

STATUTES AMENDMENT (WARRANTS OF APPREHENSION) BILL

 

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

   

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

 

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

 

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

 

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

   

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

 

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

 

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

 

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

   

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

 

SUMMARY OFFENCES (SEARCHES) AMENDMENT BILL

 

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

   

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

 

SUPERANNUATION (MISCELLANEOUS) AMENDMENT BILL

 

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

 

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

 

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

   

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

 

THE CARRIERS ACT REPEAL BILL

 

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

   

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

 

WRONGS (DAMAGE BY AIRCRAFT) AMENDMENT BILL

 

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

 

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

   

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

 

YOUNG OFFENDERS (PUBLICATION OF INFORMATION) AMENDMENT BILL

 

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

 

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

   

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