LEGISLATIVE COUNCIL

OF

SOUTH AUSTRALIA

________________

 

STATISTICS

________________

 

SECOND SESSION OF THE FORTY-NINTH PARLIAMENT

________________

 

27 October 1998 to 26 August 1999

________________

 

 

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 Establishment of a Special Committee and the Holding of a Referendum on the Sale of ETSA and Optima Energy
Select Committee on Outsourcing of State Government Services
Select Committee on Wild Dog Issues in the State of South Australia
Select Committee on Internet and Interactive Home Gambling and Gambling by other means of Telecommunication in South Australia

List of Bills considered by Legislative Council
 

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

Sittings of Council

List of Bills passed by Legislative Council
 

Bills originated in Legislative Council
Bills originated in House of Assembly
Restored Bills

List of Legislative Council Bills amended by Legislative Council and House of Assembly

List of House of Assembly Bills amended by Legislative Council

Substantive Motions and Resolutions
 

Address-in-Reply
Condolence Motions
Government Motions
Motions on LC Select Committees
Motions on Joint Committees
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. Anderson, 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
___________
 

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

Reported on 25 November 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
 

WILD DOG ISSUES IN THE STATE OF SOUTH AUSTRALIA
 

Appointed 25 November 1998
   

The Hon JSL Dawkins MLC
The Hon I Gilfillan MLC
The Hon P Holloway MLC

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

INTERNET AND INTERACTIVE HOME GAMBLING AND GAMBLING BY OTHER MEANS OF TELECOMMUNICATIONS IN SOUTH AUSTRALIA
 

Appointed 10 March 1999
   

The Hon R I Lucas MLC (Treasurer)
The Hon P Holloway MLC
The Hon A J Redford MLC

The Hon G Weatherill MLC
The Hon N Xenophon MLC

 

 

LIST OF BILLS CONSIDERED BY
LEGISLATIVE COUNCIL
___________
 

TOTAL NUMBER OF BILLS CONSIDERED BY LEGISLATIVE COUNCIL
     
 

Legislative Council origin

60
 

House of Assembly origin

40
 

Bills restored in Legislative Council -

  
   

Constitution (Promotion of Government Bills) Amendment Bill
Electricity Corporations (Restructuring and Disposal) Bill
Electricity (Miscellaneous) Amendment Bill
Independent Industry Regulator Bill
Sustainable Energy Bill
Criminal Law Consolidation (Intoxication) Amendment Bill
Education (Government School Closures and Amalgamations) Amendment Bill

1
1
1
1
1
1
1







7
         

107
 

TOTAL NUMBER OF BILLS PASSED BY BOTH HOUSES
       
 

Legislative Council origin

38

  
 

House of Assembly origin

35

  
 

House of Assembly origin

4

77
 

BILLS CONSIDERED BY COUNCIL WHICH HAVE NOT PASSED BOTH HOUSES
   
 

Legislative Council origin:
 

Citizens’ Right of Reply - lapsed in Council.
Constitution (Promotion of Government Bills) Amendment - lapsed in Council.
Criminal Law Consolidation (Appeals) - lapsed in Council.
District Court (Administrative Appeals) Amendment - lapsed in Council.
Evidence (Protection of Children giving Evidence) Amendment - lapsed in Council.
Firearms (Miscellaneous) Amendment - negatived in Council.
Gambling Industry Regulation - lapsed in Council.
Gaming Machines (Freeze on Gaming Machines) Amendment - negatived in Council.
Judicial Administration (Auxiliary Appointments and Powers) (Definition of Judicial Office) Amendment - lapsed in Council.
Legal Practitioners (Miscellaneous) - lapsed in Council.
Liquor Licensing (Regulated Premises) Amendment - lapsed in Council.
Listening Devices (Miscellaneous) Amendment - laid aside in House of Assembly.
Members of Parliament (Register of Interests) (Returns) Amendment - lapsed in Council.
Motor Vehicles (Heavy Vehicles Speeding Control Scheme) Amendment - lapsed in Council.
Native Vegetation (Miscellaneous) Amendment - lapsed in Council.
Parliament (Joint Services) (Administrative Arrangements) Amendment - lapsed in Council.
Police (Complaints and Disciplinary Proceedings) (Miscellaneous) Amendment - lapsed in Council.
Road Traffic (Notification of Use of Photographic Detection Devices) Amendment - referred to Joint Committee on Transport Safety.
Statutes Amendment (Magistrates Court Appeals) - lapsed in Council.
Statutes Amendment (Native Title No. 2) - lapsed in Council.
Summary Offences (Searches) Amendment - lapsed in Council.
The Carriers Act Repeal - lapsed in Council.
 

House of Assembly origin:
 

Constitution (Citizenship) Amendment - negatived in Council.
Criminal Law Consolidation (Intoxication) Amendment - lapsed in Council.
Industrial and Employee Relations (Workplace Relations) Amendment - lapsed in Council.
Mining (Private Mines) - lapsed in Council.
Occupational Health, Safety and Welfare (Penalties) Amendment - lapsed in Council.
Offshore Minerals - lapsed in Council.
Statutes Repeal and Amendment (Local Government) - lapsed in House of Assembly.
Sustainable Energy - lapsed in Council.

 

 

SITTINGS OF COUNCIL
___________
 

The Council met on 49 days and sat for a total number of 348 hours 9 minutes.

 

 

LIST OF BILLS WHICH PASSED BOTH
HOUSES OF PARLIAMENT
___________

 

ORIGINATED IN THE LEGISLATIVE COUNCIL
 

Bill No.

Act No.

Adelaide Festival Corporation

25

73 of 1998

ASER (Restructure) (Miscellaneous) Amendment

78

45 of 1999

AustralAsia Railway (Third Party Access)

71

46 of 1999

Australia Acts (Request)

77

37 of 1999

Casino (Licence) Amendment

93

47 of 1999

City of Adelaide (Rundle Mall) Amendment

70

38 of 1999

Criminal Law Consolidation (Contamination of Goods) Amendment

15

2 of 1999

Criminal Law Consolidation (Intoxication) Amendment

36,36A

15 of 1999

Criminal Law Consolidation (Juries) Amendment

31

16 of 1999

Evidence (Confidential Communications) Amendment

6,6A

17 of 1999

Evidence (Miscellaneous) Amendment

37,37A

18 of 1999

Federal Courts (State Jurisdiction)

86,86A

48 of 1999

Financial Sector Reform (South Australia)

74

33 of 1999

Financial Sector (Transfer of Business)

75

32 of 1999

Geographic Names (Assignment of Names) Amendment

76,76A

50 of 1999

Judges’ Pensions (Preserved Pensions) Amendment

8

69 of 1998

Lottery and Gaming (Trade Promotion Lottery Licence Fees) Amendment

10

3 of 1999

Motor Vehicles (Miscellaneous) Amendment

73,73A

52 of 1999

National Electricity (South Australia) (Miscellaneous) Amendment

9

68 of 1998

New Tax System Price Exploitation Code (South Australia)

92

53 of 1999

Non-Metropolitan Railways (Transfer) (National Rail) Amendment

2

72 of 1998

Passenger Transport (Service Contracts) Amendment

4,4A

75 of 1998

Police Superannuation (Increments in Salary) Amendment

89

54 of 1999

Residential Tenancies (Miscellaneous) Amendment

67,67A

55 of 1999

Road Traffic (Driving Hours) Amendment

57,57A

34 of 1999

Road Traffic (Miscellaneous No. 2) Amendment

39

20 of 1999

Road Traffic (Proof of Accuracy of Devices) Amendment

26

5 of 1999

Road Traffic (Road Events) Amendment

3

76 of 1998

Road Traffic (Road Rules) Amendment

72,72A

39 of 1999

Statutes Amendment (Commutation for Superannuation Surcharge)

43

23 of 1999

Statutes Amendment and Repeal (Justice Portfolio)

68,68A

42 of 1999

Statutes Amendment (Restraining Orders)

28,28A

24 of 1999

Statutes Amendment (Sentencing -Miscellaneous)

24

13 of 1999

Statutes Amendment (Trusts)

69,69A

56 of 1999

Summary Offences (Offensive and Other Weapons) Amendment

14

78 of 1998

Superannuation (Voluntary Separation Packages) Amendment

88

57 of 1999

Supreme Court (Rules of Court) Amendment

32

6 of 1999

TransAdelaide (Corporate Structure)

5,5A

79 of 1998

Wingfield Waste Depot Closure

45,45A

28 of 1999

 

ORIGINATED IN THE HOUSE OF ASSEMBLY
 

Bill No.

Act No.

Appropriation

90

44 of 1999

Australian Formula One Grand Prix (South Australian Motor Sport) Amendment


27


70 of 1998

Barley Marketing (Miscellaneous) Amendment

61

31 of 1999

Collections for Charitable Purposes (Definition of Charitable Purposes) Amendment


51


14 of 1999

Controlled Substances (Forfeiture and Disposal) Amendment

55,55A

59 of 1999

Emergency Services Funding (Miscellaneous) Amendment

104,104A,
104B

61 of 1999

Explosives (Broad Creek) Amendment

79

30 of 1999

Fisheries (Gulf St Vincent Prawn Fishery Rationalization) (Charges on Licences) Amendment


95


49 of 1999

Guardianship and Administration (Extension of Sunset Clause and Validation of Orders) Amendment


34


74 of 1998

Livestock (Commencement) Amendment

58

7 of 1999

Local Government

62,62A

62 of 1999

Local Government (Elections)

63,63A

63 of 1999

Manufacturing Industries Protection Act Repeal

46

4 of 1999

Mutual Recognition (South Australia) (Continuation) Amendment

81

35 of 1999

Nurses

38,38A

19 of 1999

Parliamentary Superannuation (Establishment of Fund) Amendment

49

8 of 1999

Petroleum (Production Licences) Amendment

33

81 of 1998

Racing (Deduction from Totalizator Bets) Amendment

47

9 of 1999

Second-Hand Vehicle Dealers (Compensation Fund) Amendment

52,52A

21 of 1999

Shearers Accommodation Act Repeal

48

10 of 1999

Shop Trading Hours (Miscellaneous) Amendment

35

77 of 1998

Soil Conservation and Land Care (Appeal Tribunal) Amendment

60

22 of 1999

Stamp Duties (Conveyance Rates) Amendment

84

40 of 1999

Stamp Duties (Miscellaneous) Amendment

50

11 of 1999

Stamp Duties (Share Buy-backs) Amendment

20

71 of 1998

Statutes Amendment (Financial Institutions)

85

41 of 1999

Statutes Amendment (Local Government and Fire Prevention)

42

12 of 1999

Statutes Amendment (Mining Administration)

21

1 of 1999

Supply

56

25 of 1999

Tobacco Products Regulation (Sale of Products Designed for Smoking) Amendment


83


43 of 1999

Tobacco Products Regulation (Smoking in Unlicensed Premises) Amendment


54


26 of 1999

Trans-Tasman Mutual Recognition (South Australia)

44

27 of 1999

Water Resources (Water Allocation Plans) Amendment

99

58 of 1999

Year 2000 Information Disclosure

66

29 of 1999

 

RESTORED BILLS

In the Legislative Council:

Bill No.

Act No.

Electricity Corporations (Restructuring and Disposal)

16,16A

36 of 1999

Electricity (Miscellaneous) Amendment

17,17A

60 of 1999

Education (Government School Closures and Amalgamations) Amendment

29,29A

80 of 1998

Independent Industry Regulator

18,18A

51 of 1999

 

 

LIST OF LEGISLATIVE COUNCIL BILLS
AMENDED BY LC AND HA
___________

 


Title of Bill

No. of
Amendments
made by
L.C.

No. of
Amendments
made by
by H.A.

No. of
Amendments
agreed to by
L.C.

No. of
Amendments
disagreed to
by L.C.

No. of
Amendments
not insisted
on by H.A.

No. of
Amendments
insisted on by
H.A.

Conference/
Resolution

Australia Acts (Request)

-

1

1

-

-

-

-

Criminal Law Consolidation (Contamination of Goods) Amendment

-

4

4

-

-

-

-

Criminal Law Consolidation (Intoxication) Amendment

2

-

-

-

-

-

-

Evidence (Confidential Communications) Amendment

2

-

-

-

-

-

-

Evidence (Miscellaneous) Amendment

4

2

2

-

-

-

-

Federal Courts (State Jurisdiction)

11

-

-

-

-

-

-

Financial Sector (Transfer of Business)

-

1

1

-

-

-

-

Financial Sector Reform (South Australia)

-

2

2

-

-

-

-

Geographical Names (Assignment of Names) Amendment

1

-

-

-

-

-

-

Listening Devices (Miscellaneous) Amendment

13

13

-

13

-

13

No Agreement.
Bill laid
aside in HA

Motor Vehicles (Miscellaneous) Amendment

10

3

3

-

-

-

-

National Electricity (South Australia) (Miscellaneous) Amendment

-

1

1

-

-

-

-

New Tax System Price Exploitation Code (South Australia)

-

1

1

-

-

-

-

Passenger Transport (Service Contracts) Amendment

1

1

-

1
alternative amendment
made by LC
and agreed
to by HA

1

-

-

Residential Tenancies (Miscellaneous) Amendment

1

1

1

-

-

-

-

Road Traffic (Driving Hours) Amendment

4

-

-

-

-

-

-

Road Traffic (Road Rules) Amendment

4

-

-

-

-

-

-

Statutes Amendment (Restraining Orders)

14

-

-

-

-

-

-

Statutes Amendment (Trusts)

10

-

-

-

-

-

-

Statutes Amendment and Repeal (Justice Portfolio) Amendment

15

-

-

-

-

-

-

TransAdelaide (Corporate Structure)

4

2

1
consequential
amendment
made by LC
and agreed
to by HA

1
alternative
amendment
made by LC
and agreed
to by HA

-

-

-

Wingfield Waste Depot Closure

1

-

-

-

-

-

-

 

 

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

Constitution (Citizenship) Amendment

2

-

-

-

-

Third Reading
negatived
in LC

Controlled Substances (Forfeiture and Disposal) Amendment
[Title amended to Controlled Substances (Miscellaneous) Amendment Bill]

2

2

-

-

-

-

Education (Government School Closures and Amalgamations) Amendment

2

2

-

-

-

-

Electricity (Miscellaneous)

46

46

-

-

-

-

Electricity Corporations (Restructuring and Disposal)

57
5 suggested

53
4 with
amendments
agreed to
by LC
5 suggested

-

-

-

-

Emergency Services Funding (Miscellaneous) Amendment

2

2

-

-

-

  

Independent Industry Regulator

5

5

-

-

-

-

Local Government Bill

171

130
4 with amendments
agreed to
by LC

6
31 with alternative amendments and consequential amendments agreed to by LC

37

-

-

Local Government Elections Bill

23

23

-

-

-

-

Nurses

36

35

1

1

-

-

Second-hand Vehicle Dealers (Compensation Fund) Amendment

4

4

-

-

-

-

Shop Trading Hours (Miscellaneous) Amendment

2

2

-

-

-

-

Statutes Repeal and Amendment (Local Government)

36

-

-

-

-

Bill lapsed
in 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 A J Redford, 28 October 1998.
Seconded by The Hon J F Stefani, 28 October 1998.
Adopted and presented to His Excellency The Governor on 25 November 1998.
 

CONDOLENCE MOTIONS -

 

Death of The Hon D A Dunstan -
   

Motion of regret moved by the Treasurer and carried in silence, 9 February 1999.
 

Death of The Hon E K Russack -
   

Motion of regret moved by the Treasurer and carried in silence, 2 March 1999.
 

GOVERNMENT MOTIONS -

 

Auditor-General, Report 1997-98 - Noting of -
   

Moved by the Minister for Transport and Urban Planning, 28 October 1998 and agreed to, 4 November 1998.
 

Sensational Staging of Wagner’s "The Ring" -
   

Moved by the Minister for Transport and Urban Planning, 25 November 1998 and agreed to, 9 December 1998.
 

Sessional Order - Citizen’s Right of Reply -
   

Moved by the Attorney-General, 11 March 1999 and agreed to, 25 March 1999.
 

South Australian Composer, Graeme Koehne -
   

Moved by the Minister for Transport and Urban Planning, 5 November 1998 and agreed to, 17 November 1998.
 

Standing Orders Committee Report 1999 - Adoption of -
   

Moved by the Treasurer and agreed to, 5 August 1999.
 

Summary of the South Australian Job Workshops - Noting of -
   

Moved by the Treasurer, 10 February 1999 and agreed to, 11 February 1999.
 

SELECT COMMITTEES - COUNCIL -

 

Internet and Interactive Home Gambling and Gambling by other means of Telecommunication in South Australia -
   

Moved by The Hon N Xenophon, 4 November 1998, amendment moved by The Hon C Zollo, 25 November 1998, amendment moved by The Hon P Holloway, 10 March 1999, amendment of The Hon C Zollo agreed to and amendment of The Hon P Holloway agreed to, motion as amended agreed to, 10 March 1999.
   

Extension of time for bringing up Report - moved by the Treasurer, and agreed to, 7 July 1999.
   

Power to sit during the recess - moved by the Treasurer, and agreed to, 4 August 1999.
 

Motor Accident Commission -
   

Moved by The Hon N Xenophon, 4 November 1998 and disagreed to, 24 March 1999.
 

Outsourcing of State Government Services -
   

Extension of time for bringing up Report - moved by the Minister for Disability Services and agreed to, 27 October 1998, 25 November 1998, 24 March 1999, 7 July 1999.
   

Power to sit during the recess - moved by the Minister for Disability Services, and agreed to, 4 August 1999.
 

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

Extension of time for bringing up Report - moved by the Treasurer and agreed to, 27 October 1998.
   

Report brought up, 25 November 1998.
   

Report noted - moved by the Treasurer and agreed to, 25 November 1998.
 

Wild Dog Issues in the State of South Australia -
   

Moved by The Hon I Gilfillan, 4 November 1998 and agreed to 25 November 1998.
   

Extension of time for bringing up Report - moved by The Hon JSL Dawkins and agreed to, 7 July 1999.
   

Power to sit during the recess - moved by The Hon JSL Dawkins, and agreed to, 4 August 1999.
 

COMMITTEES - JOINT -

 

Transport Safety -
   

Power to sit during the recess - moved by the Treasurer, and agreed to, 27 October 1998.
   

Amendment to terms of reference - moved by the Minister for Transport and Urban Planning, and agreed to, 17 November 1998.
   

Interim Report brought up, 4 August 1999.
   

Interim Report noted – moved by the Minister for Transport and Urban Planning, 4 august 1999, and agreed to, 5 August 1999.
   

Power to sit during the recess - moved by the Minister for Transport and Urban Planning, and agreed to, 4 August 1999.
 

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

 

Moved by Member on own behalf -
   

Controlled Substances Act - Expiation of Offences -
Moved by The Hon C A Pickles, 28 July 1999. (Motion lapsed due to Prorogation.)
   

Education Act - Materials and Services Charges -
Moved by The Hon C A Pickles, 28 July 1999. (Motion lapsed due to Prorogation.)
   

Education Act - Materials and Services Charges -
Moved by The Hon M J Elliott, 7 July 1999 and agreed to, 4 August 1999.
   

Fisheries Act - Aquaculture Management Committee -
Moved by The Hon P Holloway, 26 May 1999. (Motion lapsed due to Prorogation.)
   

Native Vegetation Act - Exemptions -
Moved by The Hon M J Elliott, 26 May 1999 and disagreed to, 4 August 1999.
   

Passenger Transport Act - Vehicle Accreditation -
Moved by The Hon T G Cameron, 28 July 1999. (Motion lapsed due to Prorogation.)
   

Police Act - General -
Moved by The Hon P Holloway, 28 July 1999 and agreed to, 4 August 1999.
   

Police Act - General -
Moved by The Hon I Gilfillan, 28 July 1999 and Order of the Day discharged, 4 August 1999.
 

Moved by Member on behalf of Legislative Review Committee -
   

Children’s Services Act - Child Care Centres -
Moved by The Hon A J Redford and Order of the Day discharged, 24 March 1999.
   

Education Act - Materials and Service Charges -
Moved by The Hon A J Redford and motion withdrawn, 28 July 1999.
   

Passenger Transport Act - Penalties -
Moved by The Hon A J Redford and motion withdrawn, 28 July 1999.
   

Racing Act - Rules - Harness Racing Authority - Alcohol and Drug Testing -
Moved by The Hon A J Redford, 28 July 1999 and Order of the Day discharged, 28 July 1999.
   

Road Traffic Act - Rules - Photographic Detection Devices -
Moved by The Hon A J Redford and motion withdrawn, 4 August 1999.
   

State Records Act - Rules - Police Exclusion -
Moved by The Hon A J Redford, 4 August July 1999. (Motion lapsed due to Prorogation.)
   

Technical and Further Education Act - Principal -
Moved by The Hon A J Redford, 9 December 1998 and Order of the Day discharged, 28 July 1999.
 

PRIVATE MEMBERS' MOTIONS -

 

Access for South Australians with disabilities to Compensation for Work Related Injuries -
   

Moved by The Hon R R Roberts, 28 July 1999 and agreed to, 4 August 1999.
 

Closure of Adelaide City Council’s Wingfield Waste Management Centre - Environment, Resources and Development Committee to Investigate -
   

Moved by The Hon S M Kanck, 3 March 1999 and disagreed to, 4 August 1999.
 

Documents relating to Contracts, Arrangements or Understandings concerning State owned Electricity Entities -
   

Moved by The Hon N Xenophon, 2 June 1999. (Motion lapsed due to Prorogation.)
 

Drug Policies of the Netherlands and Switzerland -
   

Moved by The Hon M J Elliott, 4 November 1998. (Motion lapsed due to Prorogation.)
 

Environment Protection Agency - Environment, Resources and Development Committee to inquire into -
   

Moved by The Hon M J Elliott, 7 July 1999 and Order of the Day discharged, 28 July 1999.
 

Environment, Resources and Development Committee - Report on Fish Stocks of Inland Waters - Noting of -
   

Moved by The Hon JSL Dawkins, 24 March 1999 and agreed to, 28 July 1999.
 

Environment, Resources and Development Committee - Report on the Pilchard Fishery - Noting of -
   

Moved by The Hon JSL Dawkins, 2 June 1999 and agreed to, 7 July 1999.
 

Environment, Resources and Development Committee - Report on South Australian Rural Road Safety Strategy - Noting of -
   

Moved by The Hon JSL Dawkins, 9 December 1998 and agreed to, 24 March 1999.
 

Financial Assistance to Farmers in the North East of the State -
   

Moved by The Hon P Holloway, 2 June 1999, amendment moved by The Hon C V Schaefer, 28 July 1999, amendment agreed to and motion, as amended, agreed to, 28 July 1999.
 

Formal Arrangements between Australia, Italy and Greece for Working Holidays -
   

Moved by The Hon C Zollo, 17 February 1999, amendment moved by The Hon N Xenophon, 10 March 1999, amendments moved by The Hon J F Stefani, 24 March 1999, amendment moved by The Hon P Holloway, 24 March 1999, amendment of The Hon P Holloway agreed to, amendment of The Hon N Xenophon agreed to, amendments of The Hon J F Stefani disagreed and agreed to, motion, as amended, agreed to, 24 March 1999.
 

Interaction of Native Animals and Agricultural Activities - Environment, Resources and Development Committee to examine -
   

Moved by The Hon M J Elliott, 28 July 1999 and agreed to, 5 August 1999.
 

Legislative Review Committee, Report 1997-98 - Noting of -
   

Moved by The Hon A J Redford, 9 December 1998 and agreed to, 3 March 1999.
 

Legislative Review Committee, Report on Unproclaimed Legislation - Noting of -
   

Moved by The Hon A J Redford, 26 May 1999 and agreed to, 28 July 1999.
 

Processing, Loading and Transporting Tuna at Port Lincoln by Foreign Nationals -
   

Moved by The Hon T G Roberts, 28 July 1999. (Motion lapsed due to Prorogation.)
 

Public Access to Commercial Jetties -
   

Moved by The Hon P Holloway, 2 June 1999 and agreed to, 4 August 1999.
 

Social Development Committee - Report on Gambling be further noted -
   

Moved by The Hon N Xenophon, 10 March 1999 and agreed to, 7 July 1999.
 

South Australian Electricity Market Arrangements - Establishment of Joint Committee on -
   

Moved by The Hon N Xenophon, 2 June 1999, amendment moved by The Hon S M Kanck, 7 July 1999, amendment disagreed to and motion disagreed to, 4 August 1999.
 

Statutory Authorities Review Committee, Report 1997-98 - Noting of -
   

Moved by The Hon L H Davis, 28 October 1998 and agreed to, 4 November 1998.
 

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

Moved by The Hon L H Davis, 10 February 1999 and agreed to, 17 February 1999.
 

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

Moved by The Hon L H Davis, 2 June 1999 and agreed to, 7 July 1999.
 

Supply of Group 65 Medical Products to Public Health System -
   

Moved by The Hon S M Kanck, 9 December 1998, amendment moved by The Hon P Holloway, 24 March 1999, amendment agreed to and motion, as amended, agreed to, 24 March 1999.
 

Tuna Feedlots in Louth Bay - Environment, Resources and Development Committee to inquire into -
   

Moved by The Hon I Gilfillan, 24 March 1999 and agreed to, 2 June 1999.
 

Wine Equalisation Tax Proposal -
   

Moved by The Hon P Holloway, 2 June 1999, amendment moved by The Hon C Zollo, 7 July 1999. (Motion lapsed due to Prorogation.)

 

 

PETITIONS
___________

 

VOLUNTARY EUTHANASIA
 

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

Presented by The Hon. A. J. Redford, 5 November 1998, 520 signatures.
 

GAMING MACHINES
 

Praying that the Council will -
 

1.

Support the passage of legislation to give local residents the power to object to the operation and availability of poker machines at venues on economic and social grounds; and
 

2.

Support a ban on advertising and promotion of poker machines; and
 

3.

Support the holding of a State-wide referendum to -
   

(a)

reduce or phase out; or
   

(b)

give power to local councils to reduce or phase out poker machines from hotels over a five year period.
   

Presented by The Hon. N. Xenophon, 19 November 1998, 1,134 signatures.
 

GAMING MACHINES
 

Praying that the Council will -
 

1.

Support the passage of legislation to give local residents the power to object to the operation and availability of poker machines at venues on economic and social grounds; and
 

2.

Support a ban on advertising and promotion of poker machines; and
 

3.

Support the holding of a State-wide referendum to reduce or phase out poker machines from hotels over a five year period.
   

Presented by The Hon. N. Xenophon, 10 December 1998, 258 signatures.
 

GAMING MACHINES - LEGISLATION
 

Praying that the Council will -
 

1.

Support the passage of legislation that will give local communities, through their local councils, the power to restrict the operation and availability of poker machines at venues; and
 

2.

Support the passage of legislation to give local residents the power to object to the operation and availability of poker machines on economic and social grounds.
   

Presented by The Hon. N. Xenophon, 19 November 1998, 54 signatures.
 

GAMING MACHINES - LIVE MUSIC INDUSTRY
 

Praying that the Council will -
 

1.

Support an extensive survey on the impact on the original live music industry in South Australia caused by the introduction of gaming machines to hotels and the 1997 changes to the Liquor Licensing Act; and
 

2.

Support increased levels of Government assistance, including promotional support and assistance with access to venues for original life music in South Australia.
   

Presented by The Hon. N. Xenophon, 19 November 1998, 34 signatures.
 

INDUSTRIAL AND EMPLOYEE RELATIONS (WORKPLACE RELATIONS) AMENDMENT BILL
 

Praying that the Council will reject this Bill for the sake of all South Australians.
   

Presented by The Hon. T. G. Roberts, 5 August 1999, 8 signatures.
 

NATIVE TITLE RIGHTS FOR INDIGENOUS SOUTH AUSTRALIANS
 

Praying that the Council will reject this Bill for the sake of all South Australians.
 

1.

Undermines or impairs the Native Title rights of indigenous South Australians; and
 

2.

Makes changes to Native Title unless there has been a genuine consultation process with all stakeholders, especially South Australia’s indigenous communities.
   

Presented by The Hon. J.S.L. Dawkins, 11 March 1999, 3 signatures.
Presented by The Hon. J.S.L. Dawkins, 11 March 1999, 28 signatures.
Presented by The Hon. I. Gilfillan, 11 March 1999, 1 signature.
Presented by The Hon. S. M. Kanck, 11 March 1999, 1,784 signatures.
Presented by The Hon. T. G. Roberts, 27 May 1999, 7 signatures.
Presented by The Hon. R. R. Roberts, 3 June 1999, 24 signatures.
Presented by The Hon. S. M. Kanck, 10 June 1999, 150 signatures.
Presented by The Hon. S. M. Kanck, 8 July 1999, 1,565 signatures.
Presented by The Hon. T. G. Roberts, 8 July 1999, 168 signatures.
Presented by The Hon. M. J. Elliott, 8 July 1999, 13 signatures.
Presented by The Hon. I. Gilfillan, 5 August 1999, 14 signatures.
 

WINE MUSEUM
 

Praying that the Council takes the necessary steps to have our Botanical Gardens and Parklands retained for quiet relaxation and open space for the people of Adelaide.
   

Presented by the Attorney-General, 27 May 1999, 65 signatures.

 

 

SYNOPSIS OF LEGISLATION
___________

 

ADELAIDE FESTIVAL CORPORATION BILL
 

The purpose of this Bill is to establish the Adelaide Festival Corporation as a statutory authority.
 

The legislation provides -
 

•


•

that the primary function of the proposed Adelaide Festival Corporation is to conduct the event known as the Adelaide Festival of Arts, as well as conducting and promoting other events; and
that the Board consists of no more than eight members - with up to six nominated by the Minister. The other two members will be selected from three nominations received from each of the Friends of the Adelaide Festival and the Corporation of the City of Adelaide.
   

(November 18, December 8, 9 - Act No. 73 of 1998)
 

ASER (RESTRUCTURE) (MISCELLANEOUS) AMENDMENT BILL
 

The purpose of this Bill is to simplify and rationalise the management of the occupational regime of the ASER development.
 

The legislation has been designed to achieve three broad objectives. The first objective is to simplify the management of the structural independence, shared facilities and common areas that are inherent in the ASER site. Achieving this objective will assist in achieving the second objective, which is to improve the prospects for the sale of the Adelaide Casino, Hyatt Regency Hotel and the Riverside Centre. Thirdly, the legislation will provide for procedures that will assist with the development of the Riverbank Precinct as a community asset.
   

(May 26, July 6, 8, 29, August 5 - Act No. 45 of 1999)
 

AUSTRALASIA RAILWAY (THIRD PARTY ACCESS) BILL
 

The purpose of this Bill is to establish a process whereby third parties can obtain access to operate services on the Tarcoola to Darwin Railway when they have been unable to obtain it through usual business negotiations.
   

(March 25, 26, July 6, August 3 - Act No. 46 of 1999)
 

AUSTRALIA ACTS (REQUEST) BILL
 

A referendum is to be held in November 1999 on whether Australia is to become a republic. If the referendum is passed, Australia will become a republic at the national level. The States will then have to consider whether to sever their links with the Crown. The interests of both the States and the Commonwealth will be best served by ensuring that, if the republic referendum is passed, there will be no doubts about the ability of any State to sever its links with the Crown, should it choose to do so.
 

This Bill requests the Commonwealth Parliament to enact a Bill in a form set out in the schedule to amend section 7 of the Australia Acts. This State Request Bill will not come into force unless the Commonwealth’s Referendum Bill, the Constitutional Alteration (Establishment of Republic) Bill, is passed by the referendum and receives royal assent. Accordingly, this State Request Bill will have no effect if the Commonwealth referendum on the republic fails. If the Commonwealth referendum on the republic is passed, however, and all the States pass this uniform request legislation, then the Commonwealth Parliament may amend section 7 of the Australia Acts by adding two subsections. These subsections provide that a State Parliament may make a law providing that section 7 does not apply to the State and that if it makes such a law, then section 7 ceases to apply to the State.
   

(May 26, July 7, 8, 28, 29 - Act No. 37 of 1999)
 

CASINO (LICENCE) AMENDMENT BILL
 

This Bill completes the restructure of the ASER project by finalising arrangements for the ongoing management of the Adelaide Casino and establishing a regulatory regime suited to the operation of the Casino by a non-Government operator. The Bill is designed to achieve three objectives. The first is to grant the first Casino licence under the Casino Act 1997 to the existing operator, Adelaide Casino Pty Ltd. The second is to clarify the process for future transfer of the Casino licence. The third is to make various administrative changes that will improve the operation of the Casino Act 1997.
   

(July 8, August 4, 5 - Act No. 47 of 1999)
 

CITIZENS’ RIGHT OF REPLY BILL
 

The purpose of this Bill is to provide a right of reply to persons adversely referred to during the proceedings of a House of Parliament. The Bill provides that a person who has been referred to during the proceedings of either House of Parliament and who believes that he or she has been adversely affected may, by written submission to the presiding member of the House, request that an appropriate response be included in the Parliamentary record.
   

(November 18, 25, March 10 - Lapsed due to Prorogation)
 

CITY OF ADELAIDE (RUNDLE MALL) AMENDMENT BILL
 

The purpose of this Bill is to repeal the Rundle Street Mall Act 1975 while preserving the essential provisions by re-enacting them substantially in the City of Adelaide Act.
   

(March 25, May 26, June 1, July 6, 27 - Act No. 38 of 1999)
 

CONSTITUTION (PROMOTION OF GOVERNMENT BILLS) AMENDMENT BILL
 

This Bill 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.
   

(November 4, March 24 - Lapsed due to Prorogation)
 

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.
   

(October 28, November 26, February 16 - Lapsed due to Prorogation)
 

CRIMINAL LAW CONSOLIDATION (CONTAMINATION OF GOODS) AMENDMENT BILL
 

The purpose of this Bill is to create offences which are related to the causing of public alarm and anxiety and/or the causing of economic loss.
 

Section 260 is inserted into the Criminal Law Consolidation Act and creates an offence in certain circumstances where a person -
 

•

contaminates goods or commits some other act prejudicing public health or safety; or
 

•

makes it appear that -
   

•
•

•


•

goods have been, or are about to be, contaminated; or
some other act prejudicing public health or safety has been, or is about to be, committed; or
makes a threat to contaminate goods or to commit some other act prejudicing public health or safety (a threat includes a threat to be implied from conduct or a conditional threat); or
falsely claims that goods have been or are about to be contaminated, or some other act prejudicing public health or safety has been, or is about to be, committed.
 

Acts prejudicing public health or safety extend to interference with public infrastructure for water, electricity, gas, sewerage etc., public transport or communication systems or other facilities on which the health or safety of the public is dependant. The public is defined to include a section of the public including, for example, consumers of particular goods.
 

The new offence applies if the person commits such an act intending -
 

•

to cause prejudice, to create a risk of prejudice, or to create an apprehension of a risk of prejudice, to the health or safety of the public; and
 

•

by doing so -
   

•
•
•

to gain a benefit for himself, herself or another; or
to cause loss or harm to another; or
to cause public harm or anxiety.
 

Section 261 is also inserted to create an offence where the contamination of goods is unrelated to issues of public health and safety but has the intention to influence the public against purchasing certain goods.
   

(November 5, 19, 24, 27, February 18, March 2 - Act No. 2 of 1999)
 

CRIMINAL LAW CONSOLIDATION (INTOXICATION) AMENDMENT BILL
 

The purpose of this Bill is to insert a new Part 8 into the Criminal Law Consolidation Act 1935 dealing with intoxication. The new Part provides that, if the objective elements of an alleged offence cannot be established against a defendant because the defendant’s consciousness was, or may have been, impaired to the point of criminal irresponsibility at the time of the alleged offence, the defendant is nevertheless to be convicted of the offence if it is established that the defendant formed an intention to commit the offence before becoming intoxicated and consumed intoxicants in order to strengthen his or her resolve to commit the offence. The Bill also provides that the question whether a defendant’s consciousness was, or may have been, impaired to the point of criminal irresponsibility is not to be put to the jury and, if raised by the jury itself, is to be withdrawn from the jury’s consideration unless the defendant specifically asks the judge to address the jury on the question.
   

(December 9, February 18, March 2, 3, 24 - Act No. 15 of 1999)
 

CRIMINAL LAW CONSOLIDATION (JURIES) AMENDMENT BILL
 

The purpose of this Bill is to strengthen the protection of the confidentiality of jury deliberations and juror’s identities by making the disclosure, solicitation and publication of this information an offence. The provisions strike an appropriate balance between protecting the confidentiality of jury deliberations without sacrificing the ability to ensure that improper juror conduct is disclosed, and that the system is scrutinised to assist in the development of the jury system and the judicial system as a whole.
   

(November 25, February 11, 18, March 24 - Act No. 16 of 1999)
 

DISTRICT COURT (ADMINISTRATIVE APPEALS) AMENDMENT BILL
 

The purpose of this Bill is to simplify and clarify the procedural law relating to administrative appeals. The Bill will not change the right to appeal against certain administrative decisions. Its aim is to remove minor differences in wording in the statutes creating these appeals, which have arisen for historical reasons, but which, if not corrected, could cause technical difficulty for litigants and waste time and resources both for parties and the Court.
   

(August 4 - Lapsed due to Prorogation)
 

EVIDENCE (CONFIDENTIAL COMMUNICATIONS) AMENDMENT BILL
 

The purpose of this Bill is to enact 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.
   

(October 28, December 9, February 16, 17, March 2, 3, 25 - Act No. 17 of 1999)
 

EVIDENCE (MISCELLANEOUS) AMENDMENT BILL
 

This Bill amends the Evidence Act 1929, to remove arbitrary distinctions between the evidence of children and that of adults, and to clarify the requirements of competency to give evidence in respect of both children and adults. The Bill also makes other minor amendments.
   

(December 9, February 11, 16, March 9, 25 - Act No. 18 of 1999)
 

EVIDENCE (PROTECTION OF CHILDREN GIVING EVIDENCE) AMENDMENT BILL
 

The purpose of this Bill is to amend the Evidence Act 1929 so as to create a presumption that, when a child is giving evidence, closed circuit television will be used for that purpose, unless that is contrary to the wishes of the child, or would prejudice any party or would be inappropriate because of urgency.
   

(June 2 - Lapsed due to Prorogation)
 

FEDERAL COURTS (STATE JURISDICTION) BILL
 

This Bill is in response to the recent decision of the High Court in relation to cross vesting. The Bill provides that certain decisions of the Federal Court of Australia and the Family Court of Australia have effect as decisions of the Supreme Court of South Australia. It also provides for the transfer of current proceedings in the Federal Court in relation to State matters to the Supreme Court and it enables State courts to deal with matters that arise under applied law schemes that would otherwise be dealt with by a federal court.
   

(July 6, 29, August 3 - Act No. 48 of 1999)
 

FINANCIAL SECTOR (TRANSFER OF BUSINESS) BILL
 

This Bill completes the package of legislation necessary to ensure the transfer of regulatory responsibility for non-bank financial institutions and financial friendly societies to the Commonwealth.
 

The Financial Institutions (South Australia) Code and Friendly Societies (South Australia) Code contain provisions which enabled building societies, credit unions and friendly societies to transfer, or merge their financial businesses between themselves with the approval of the relevant regulator. The transfers or mergers permitted were either voluntary, or directed for prudential purposes. These provisions are to be repealed on transfer date.
 

No equivalent scheme is available under the present Commonwealth regime. The State and Territory regulated entities, such as the building societies, credit unions and friendly societies, along with the Commonwealth, State and Territories, were keen to ensure that these groups were not disadvantaged by the transfer. The Commonwealth is of the view that some of these provisions were useful prudential regulation tools.
 

Consequently, Commonwealth, State and Territory Governments have agreed to establish a modified transfer of business regime. This scheme is set out in the Commonwealth’s Financial Sector (Transfer of Business) Bill 1999 and will apply to all deposit taking institutions and life insurance companies, treating all such entities equally.
 

Due to Constitutional limitations, complementary legislation is required in all States and Territories to ensure that assets and liabilities which are subject to the business being transferred pass legally from the transferring institution to the receiving institution. Hence all jurisdictions are required to pass legislation which gives effect to transfers of business conducted under the Commonwealth’s Bill.
   

(May 25, 27, June 2, 3 - Act No. 32 of 1999)
 

FINANCIAL SECTOR REFORM (SOUTH AUSTRALIA) BILL
 

This Bill provides the necessary legislative framework to facilitate a transfer of the responsibility for the corporate and prudential regulation of building societies, credit unions, special service providers and friendly societies from the State and Territory based Financial Institutions Scheme to a national framework overseen by the Australian Securities and Investments Commission and the new Commonwealth prudential Regulator, the Australian Prudential Regulation Authority (APRA).
 

The Bill is the first, and most important, of a package of two Bills which make up the South Australian legislation necessary to ensure that the reform of the Australian financial system can proceed.
   

(May 25, 27, June 1, 2, 3 - Act No. 33 of 1999)
 

FIREARMS (MISCELLANEOUS) AMENDMENT BILL
 

The main points of this Bill are -
 

•

•

•

•

•

A person convicted of an intentional act of violence (with or without a weapon) in the last five years will be ineligible to acquire a firearms licence.
A person so convicted will automatically lose their licence and police will be empowered to search for and confiscate their firearms or firearms.
"Personal protection" as a justification will be specifically excluded as reason for acquiring a firearm, holding it or using it.
An inspection must be made of the proposed firearms storage facilities before granting a licence.
Any person under the age of 18 years will be unable to hold a firearms licence. However, the Bill will not preclude a person under the age of 18 years from being able to fire a firearm under certain limited circumstances principally in the sporting firearm arena.
   

(November 25, February 17, July 7, August 4 - Negatived in Legislative Council)
 

GAMBLING INDUSTRY REGULATION BILL
 

The purpose of this Bill is to establish a comprehensive system of regulation of the Gambling Industry.
   

(March 24, May 26, July 7, 28 - Lapsed due to Prorogation)
 

GAMING MACHINES (FREEZE ON GAMING MACHINES) AMENDMENT BILL
 

The purpose of this Bill is to place a freeze on the granting of gaming machine licences in South Australia. The commencement date is set as 28 August 1998 being the date when the consultative draft of the Gambling Industry Regulation Bill was made public.
   

(November 4, 25, December 9, March 10, 24 - Negatived in Legislative Council)
 

GEOGRAPHICAL NAMES (ASSIGNMENT OF NAMES) AMENDMENT BILL
 

The Geographical Names Act prescribes the process that must be followed when it is considered necessary to alter suburb names or boundaries. The Act, however, makes no distinction between the process to make a minor change and one that impacts on a large section of the community. During the course of updating the State’s property maps, a number of areas have been found where, as a result of changes in road alignments and land subdivision, suburb boundaries no longer follow recognisable property boundaries. These anomalies are generally of a minor nature and involve only a small number of properties.
 

This Bill provides a streamlined approach to resolve such anomalies. Instead of advertising proposals that, on the face of it, are minor and non-contentious, direct contact will be made with the local council, emergency service organisations and the property holders impacted upon by the change. The results of the consultation will then be reviewed by the Surveyor-General and Geographical Names Advisory Committee and a recommendation forwarded to the Minister for consideration. If the change is approved, it will be published in the Gazette in the normal manner. If, in the course of this consultation, it is determined that the issues being investigated impact on the wider community, the proposal will be advertised and processed in the normal manner.
   

(May 26, July 6, 27, 28 - Act No. 50 of 1999)
 

JUDGES’ PENSIONS (PRESERVED PENSIONS) AMENDMENT BILL
 

This Bill provides for the preservation of a pension entitlement where a Judge resigns before attaining the age of 60 years, having had not less than 15 years’ judicial service. The Bill also provides that where death or total and permanent invalidity occurs before the attainment of age 60 years, a benefit becomes payable to a spouse and any eligible children, or the former Judge as the case requires.
   

(October 28, November 3, 5 - Act No. 69 of 1998)
 

JUDICIAL ADMINISTRATION (AUXILIARY APPOINTMENTS AND POWERS) (DEFINITION OF JUDICIAL OFFICE) AMENDMENT BILL
 

This Bill amends the Judicial Administration (Auxiliary Appointments and Powers) Act 1988 by adding to the definition of "judicial office" in section 2 the office of commissioner of the Environment, Resources and Development Court. At present, there is no provision for auxiliary appointments to that Court, but only for permanent appointments, either full-time or part-time. This Bill makes such provision.
 

Auxiliary appointment is a method of providing additional judicial resources to a court when a short-term need arises. An auxiliary appointment may be made for a term of up to 12 months, with the possibility of extension for a further 12 months.
   

(August 5 - Lapsed due to Prorogation)
 

LEGAL PRACTITIONERS (MISCELLANEOUS) AMENDMENT BILL
 

This Bill amends the Legal Practitioners Act 1981 for two distinct purposes.
 

Firstly, the Bill will amend the Act to effectively exclude, from the Guarantee Fund, claims for losses incurred as a result of a legal practitioner’s mortgage investment activities. By excluding claims related to mortgage investment broking from the Guarantee Fund, all clients accepting mortgage investment services will be in the same position in relation to indemnity for losses, regardless of the profession of the person facilitating the mortgage investment scheme.
 

Secondly, the Bill addresses the problem of the employment in legal practices oflegal practitioners who have been suspended from legal practice, and former legal practitioners whose names have been stricken from the roll of practitioners.
 

The Bill would make it an offence for a legal practitioner to employ or engage in his or her legal practice a person who is suspended from practice or has been struck off the roll. This would prevent employment even in the capacity of a law clerk or a paralegal. In this way, the punitive and consumer protective aims of the disciplinary provisions would be carried into effect.
 

However, the Government accepts that employment in a law firm may be permissible in circumstances where it does not entail the practice of the profession of law by the disqualified person and where the public is protected. Hence, the Bill also permits the disqualified person or the practitioner proposing to employ or engage him or her, to apply to the Legal Practitioners Disciplinary Tribunal for permission for such employment.
   

(August 5 - Lapsed due to Prorogation)
 

LIQUOR LICENSING (REGULATED PREMISES) AMENDMENT BILL
 

The purpose of this Bill is to make several amendments in relation to the consumption of liquor on regulated premises.
 

The definition of "public conveyance" is amended to exclude conveyances that are available for self-drive hire from the ambit of the definition. The definition of "regulated premises" is amended to provide that a public place will only fall within the scope of the definition while it is being used for the purposes of an organised event, admission to which involves payment of money, whether directly or indirectly. The same definition is also amended to exclude any premises, place or conveyance that the regulations exclude from the scope of the definition.
   

(August 4 - Lapsed due to Prorogation)
 

LISTENING DEVICES (MISCELLANEOUS) AMENDMENT BILL
 

This Bill updates the provisions of the Act taking into account technological advances. It makes a number of other amendments aimed at overcoming some current practical problems in the Listening Devices Act 1972 and at increasing the protection of information obtained by virtue of this legislation. It also increases the level of accountability to accord with other similar legislation.
   

(December 10, February 16, March 2, 3, 9, 11, 25, June 1, August 4 - Bill laid aside in House of Assembly)
 

LOTTERY AND GAMING (TRADE PROMOTION LOTTERY LICENCE FEES) AMENDMENT BILL
 

The purpose of this Bill is to amend the Lottery and Gaming Act to allow for the Lottery and Gaming Regulations to be amended to cater for a new fee structure in respect of trade promotion lotteries.
 

The following fee structure will apply -
 

•

•


•

imposition (by regulation) of a gradated licence fee to be based on the total retail face value of the prizes in the lottery;
where the licence application states the value of prizes that are to be allocated within this State, then the fee to be based on that value, otherwise the fee is to be based on the total value of all prizes; and
abolition of the current $10 application fee.
   

(October 28, November 17, December 10, February 18 - Act No. 3 of 1999)
 

MEMBERS OF PARLIAMENT (REGISTER OF INTERESTS) (RETURNS) BILL
 

The purpose of this Bill is to make a number of amendments to the principal Act to improve the legislation. The Bill reduces from 50 per cent to a 15 per cent interest in investments that must be declared. The Bill requires that all assets contributed to a joint venture in which a Member of Parliament has an interest, including those contributed by other parties, be declared. The Bill makes a Member of Parliament who carries out or is a party to a scheme to defeat, evade, prevent or limit the operation of the Act guilty of an offence and subject to a $5,000 fine. The Bill also reduces the thresholds for disclosure of the debts by Members of Parliament from $7,500 to $5,000 and loans or deposits made by a Member of Parliament from $10,000 to $5,000.
   

(October 28, February 17, August 4 - Lapsed due to Prorogation)
 

MOTOR VEHICLES (HEAVY VEHICLES SPEEDING CONTROL SCHEME) AMENDMENT BILL
 

The purpose of this Bill is to introduce a scheme for the management of speeding heavy vehicles. The scheme will help reduce the incidence of speeding among heavy vehicles by making the registered owner of the vehicle responsible for repeated speeding incidents. Extending responsibility for speeding from drivers to owners, and introducing penalties which impact on the operation of a transport business, will improve road safety in rural areas and prevent some businesses from operating to the disadvantage of those with good driving practices in place.
   

(July 7 - Lapsed due to Prorogation)
 

MOTOR VEHICLES (MISCELLANEOUS) AMENDMENT BILL
 

This Bill amends the Motor Vehicles Act 1959 and the Road Traffic Act 1961 to make South Australian law governing the registration of motor vehicles, the licensing of drivers and the issue of defect notices for defective motor vehicles consistent with nationally developed and agreed practices.
   

(March 25, July 6, 7, August 3, 5 - Act No. 52 of 1999)
 

NATIONAL ELECTRICITY (SOUTH AUSTRALIA) (MISCELLANEOUS) AMENDMENT BILL
 

The purpose of this Bill is to make a number of amendments to the National Electricity law in preparation for its commencement.
 

The most important of these amendments relates to the immunity to be granted to National Electricity Market Management Company Ltd (NEMMCO), network service providers and their officers and employees.
 

The reason for granting some degree of immunity to NEMMCO is that NEMMCO is a non-profit organisation, without a substantial capital base, which will be exposed to substantial risk in relation to the operation of the electricity system. The reason for granting some degree of immunity to network service providers in respect of their system operations functions and powers is that they are being required, under the National electricity Code, to perform these functions and exercise these powers for a non-commercial rate of return. A possible alternative to granting these immunities is for NEMMCO and the network service providers to take out insurance for claims that may be made against them. However, the fairly novel nature of the national electricity market and the complexities in obtaining such insurance has meant that this is not likely to be possible prior to the start of the national electricity market.
   

(October 28, 29, November 5, 6 - Act No. 68 of 1998)
 

NATIVE VEGETATION (MISCELLANEOUS) AMENDMENT BILL
 

The purpose of this Bill is to increase the public accountability of the Native Vegetation Clearance Council.
   

(August 4 - Lapsed due to Prorogation)
 

NEW TAX SYSTEM PRICE EXPLOITATION CODE (SOUTH AUSTRALIA) BILL
 

The object of this Bill is to give effect in South Australia to Commonwealth legislation aimed at preventing price exploitation as a result of the introduction of the New Tax System.
 

As part of the tax reform initiatives being pursued by the Commonwealth Government, the Australian Competition and Consumer Commission (ACCC) is being granted special transitional powers to formally monitor retail prices.
 

The new ACCC price monitoring powers are transitional, lasting for three years from 1 July 1999. Price exploitation is prohibited during this period, and is deemed to occur where goods or services are supplied at a price that is unreasonably high, taking into account the various tax changes and where the unreasonably high price is not attributable to the supplier’s costs, supply and demand conditions or any other relevant matter. There are provisions for penalties of up to $10 million for a body corporate, and up to $500,000 for a person other than a body corporate. Actions to have these penalties imposed will be taken by the ACCC in the Federal Court.
   

(July 8, August 4, 5 - Act No. 53 of 1999)
 

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

The purpose of this Bill is to repeal The Carriers Act 1891. The Act is considered to be no longer relevant and 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.
   

(October 28, November 17, 19 - Act No. 72 of 1998)
 

PARLIAMENT (JOINT SERVICES) (ADMINISTRATIVE ARRANGEMENTS) AMENDMENT BILL
 

The purpose of this Bill is to increase the membership of the Joint Parliamentary Service Committee from six to eight persons. The Bill also alters the selection and authority of the secretary to the Committee. The position of Manager of Joint Service is abolished and the current Joint Services Division is divided into the Finance Division and the Building Services Division.
   

(November 4, 18, July 28 - Lapsed due to Prorogation)
 

PASSENGER TRANSPORT (SERVICE CONTRACTS) AMENDMENT BILL
 

This Bill strengthens the intent of Section 39 of the Passenger Transport Act by providing more explicit guidance to the Passenger Transport Board regarding the contracting system.
 

The Bill provides that the Board, in awarding service contracts, must take into account the following principles -
 

•

•

•

that service contracts should not be awarded so as to allow a single operator to obtain a monopoly, or a market share that is close to a monopoly;
that sustainable competition in the provision of public transport services should be developed and maintained;
that the integration of public transport services should be encouraged and enhanced; and that service contracts should support the efficient operation of passenger transport services and promote innovation in the provision of services to meet the needs of customers.
   

(October 28, November 19, 24, 26, December 8, 9, 18 - Act No. 75 of 1998)
 

POLICE (COMPLAINTS AND DISCIPLINARY PROCEEDINGS) (MISCELLANEOUS) AMENDMENT BILL
 

The purpose of this Bill is to place into legislation the results of a thorough and careful review of the entire police complaints system, both as it appears in legislation and as it operates in practice.
   

(August 5 - Lapsed due to Prorogation)
 

POLICE SUPERANNUATION (INCREMENTS IN SALARY) AMENDMENT BILL
 

The purpose of this Bill is to amend the Police Superannuation Act 1980. The amendment relates to the salary applicable for determining benefits and contributions where an officer is appointed to a lower rank. The new incremental salary structure has resulted in the wording of the current provisions being open to possible interpretation and therefore some uncertainty. The proposed amendment will ensure that the benefits and contributions are based on the salary applicable to the highest rank and incremental level actually attained by the police officer. The amendment does not affect the existing entitlements of police officers under the schemes established under the Act. The amendment will ensure that the current understanding of how the schemes operate is maintained.
   

(July 7, 27, 28, August 3 - Act No. 54 of 1999)
 

RESIDENTIAL TENANCIES (MISCELLANEOUS) AMENDMENT BILL
 

The purpose of this Bill is to make several minor amendments to the Residential Tenancies Act 1995.
 

The Bill provides that where the Residential Tenancies Tribunal terminates a tenancy in relation to section 90, the Tribunal may order that the landlord not enter into a residential tenancy agreement with the same tenant in relation to the same premises for a period determined by the Tribunal. However, the Tribunal must give a reasonable opportunity for the landlord to be heard in relation to the matter. Should the landlord object to the order, the Tribunal must not make an order unless it is satisfied that exceptional circumstances exist.
 

The Bill ensures that a tenant who has abandoned their goods has a lawful right to recover those goods at any time before they are sold, by paying to the landlord the reasonable costs of removing and storing, giving the required public notice concerning the goods and any other reasonable costs incurred.
 

The Bill also makes an amendment to allow rent to be paid into the Residential Tenancies Fund rather than the Tribunal, and inserts a new subsection to provide that the Tribunal does not have jurisdiction to award compensation for damages arising from personal injury.
   

(March 25, May 27, July 6, 7, 28, August 5 - Act No. 55 of 1999)
 

ROAD TRAFFIC (DRIVING HOURS) AMENDMENT BILL
 

The purpose of this Bill is to allow for the making of regulations to introduce nationally consistent legislation to regulate the hours of driving for commercial vehicles.
   

(March 10, May 25, 26, June 10 - Act No. 34 of 1999)
 

ROAD TRAFFIC (MISCELLANEOUS NO. 2) AMENDMENT BILL
 

The purpose of this Bill is to amend the Road Traffic Act 1961 in order to incorporate -
 

•
•

•

nationally consistent legislation to regulate mass and loading provisions for heavy vehicles;
that sustainable competition in the provision of public transport services should be nationally consistent conditions for the safe travel of oversize and overmass vehicles; and
nationally consistent heavy and light vehicle roadworthiness standards.
   

(December 9, 10, February 11, March 3, 24 - Act No. 20 of 1999)
 

ROAD TRAFFIC (NOTIFICATION OF USE OF PHOTOGRAPHIC DETECTION DEVICES) AMENDMENT BILL
 

The purpose of this Bill is to require the operators of speed cameras to place a sign not more than 300 metres past a speed camera notifying road users that they have passed through a camera. The Bill also prevents the successful prosecution of a road user in the event that a speed camera operator fails to comply with the signage obligation.
   

(March 3, 26, July 28 - Referred to Joint Committee on Transport Safety)
 

ROAD TRAFFIC (PROOF OF ACCURACY OF DEVICES) AMENDMENT BILL
 

This Bill amends the Road Traffic Act 1961 in three ways. Section 175(3)(b) which provides for a certificate of accuracy of a speedometer or stopwatch is varied to reduce the frequency of testing of speedometers from 14 days to 3 months.
 

Section 175(3)(ba) is amended to extend the period for which the test will be held to be proof of accuracy to the following day. This will take into account situations where the Police use a traffic speed analyser during the evening of one day and into the early morning of the next day but only do a test of the machine on the first day.
 

Finally, both subparagraphs currently specify that the certificate should be signed "by the Commissioner of Police, or by a superintendent or an inspector of police". The Bill will change this to "by the Commissioner of Police, or by any other member of the police force of or above the rank of inspector". This will allow all ranks of inspector and higher to sign the certificate, and will give the police greater flexibility.
   

(November 18, 24, 26, February 11, 18 - Act No. 5 of 1999)
 

ROAD TRAFFIC (ROAD EVENTS) AMENDMENT BILL
 

The purpose of this Bill is to enable authorised persons to exhibit a stop sign for the purpose of requiring motorists to stop when sporting events are in progress on public roads.
   

(October 28, November 17, 18, 19, December 9 - Act No. 76 of 1998)
 

ROAD TRAFFIC (ROAD RULES) AMENDMENT BILL
 

The purpose of this Bill is to make necessary amendments to the Road Traffic Act 1961 to allow the Australian Road Rules (ARR) to be made as South Australian subordinate legislation in place of conflicting sections of the Road Traffic Act 1961 and Regulations and the Local Government Act 1934 and Regulations.
 

The ARR provide for more consistent laws around Australia, eliminating the great majority of current differences, making driving easier and safer. This will be of great benefit to Australian motorists on holidays, interstate transport drivers and people moving interstate.
 

The Bill also makes other minor amendments to the Act.
   

(March 25, July 6, 7, 27 - Act No. 39 of 1999)
 

STATUTES AMENDMENT (COMMUTATION FOR SUPERANNUATION SURCHARGE) BILL
 

The purpose of this Bill is to amend the Parliamentary Superannuation Act 1974, the Police Superannuation Act 1990, and the Superannuation Act 1988, to provide that, where a member is required to pay a deferred surcharge debt following retirement, a further commutation option will be made available to the member. The option is in addition to and separate from the normal commutation option already provided under these Acts.
   

(February 16, March 2, 4, 23 - Act No. 23 of 1999)
 

STATUTES AMENDMENT (MAGISTRATES COURT APPEALS) BILL
 

The purpose of this Bill is to make sure that all appeals from the Magistrates Court are dealt with at the appropriate level. It ensures that the resources of the Full Supreme Court are not called in aid unnecessarily, but are available in cases which properly require the Full Court’s consideration.
   

(July 29 - Lapsed due to Prorogation)
 

STATUTES AMENDMENT (NATIVE TITLE NO. 2) BILL
 

The purpose of this Bill is to amend the Aboriginal Lands Trust Act 1966, the Electricity Trust Act 1996, the Environment, Resources and Development Court Act 1993, the Mining Act 1971, the Native Title (South Australia) Act 1994, the Opal Mining Act 1995 and the Petroleum Act 1940, to reflect substantial amendments made to the ommonwealth Native Title Act 1993 which came into operation on 30 September 1998.
   

(December 10, July 6 - Lapsed due to Prorogation)
 

STATUTES AMENDMENT (RESTRAINING ORDERS) BILL
 

The purpose of this Bill is to amend the Criminal Law (Sentencing) Act, the Domestic Violence Act and the Summary Procedure Act to ensure that South Australia’s legislation dealing with restraining orders continues to operate effectively.
 

Criminal Law (Sentencing) Act 1988
Under section 19A a court may, when convicting a person of an offence, exercise the powers of a Magistrate to issue a restraining order against the convicted person. The amendment in this Bill requires the court to consider whether, if the whereabouts of the victim are not known to the defendant, the issuing of the order would be counter-productive.
 

Domestic Violence Act 1994
The Bill clarifies Parliament’s intention that the third element of domestic violence in section 4(2)(c) (which is similar to stalking) extends to acts causing general significant apprehension or fear as well as to acts causing specific apprehension or fear of personal injury or damage to property.
The Bill makes it clear that the court may, in determining whether to issue a restraining order, consider events that have taken place outside of the State and may make a restraining order against a defendant resident outside of the State.
Section 5 is amended to insert a power for a court, when issuing a restraining order, to also order confiscation of a weapon or article that has been or might be used by the defendant to threaten or injure a family member or to damage the property of a family member. Firearms are excluded from the provision because they are dealt with separately by means of a compulsory firearms order under the existing provisions.
The Bill makes it clear that proceedings conducted by telephone under section 8 of the Domestic Violence Act and section 99b of the Summary Procedures Act, need not be open to the public.
The Bill also makes a number of amendments which concern the serving of restraining orders.
 

Summary Procedure Act 1921
Amendments are made to this Act to correspond to the amendments made to the Domestic Violence Act. The Bill also amends section 189 to provide that costs will not be awarded against a complainant in proceedings for a restraining order ( under the Domestic Violence Act or Summary Procedure Act) unless the Court is satisfied that the complainant has acted in bad faith or unreasonably in bringing the proceedings.
   

(November 19, 26, December 8, February 18, March 2, 24 - Act No. 24 of 1999)
 

STATUTES AMENDMENT (SENTENCING - MISCELLANEOUS) BILL
 

This Bill provides several additions to the sentencing options available to the Courts and improves the operation of other provisions.
 

Criminal Law Consolidation Act 1935
Section 348 is amended to put it beyond doubt that an appeal lies in relation to an order under section 39 of the Criminal Law (Sentencing) Act. Section 39 empowers a court to make an order discharging a convicted person without imposing a penalty on the person entering into a bond. Section 352 is also amended to make it clear that an appeal lies against a decision to adjourn sentencing and release an offender on remand.
 

Criminal Law (Sentencing) Act 1988
Section 18A is amended to permit a single penalty to be imposed with respect to all matters dealt with at the one time, whether or not they are charged on the one complaint or information. Section 38 is amended to empower a court to suspend part of a sentence of imprisonment, but only where the total period of imprisonment to which the defendant is liable is more than 3 months but less than 1 year. The Bill also provides the sentencing court with the express power under new subsection (2c) to include a home detention condition in a bond where the court has suspended a sentence of imprisonment on the ground that the defendant is too ill, disabled or frail to serve any time in prison. Section 39 is amended by inserting a provision which prevents a court from including conditions in a bond (other than the condition to be of good behaviour) where the court has discharged the defendant and has not required the defendant to come back to court for sentencing in the event of breach of bond.
 

The Bill also makes minor consequential amendments.
   

(November 18, December 8, February 11, 16, 18, March 11 - Act No. 13 of 1999)
 

STATUTES AMENDMENT (TRUSTS) BILL
 

The purpose of this Bill is to introduce greater accountability for trustees in managing funds held on trust.
 

The Bill will hold more accountable the trustees of charitable trusts, so as to ensure that the charitable intentions of settlors and testators are effectively carried out. It does this by broadening the class of persons who may apply to the Supreme Court for orders and directions in respect of charitable trusts and for orders to remove, replace and appoint trustees. It also makes clear that the Court has power to remove or replace trustees for any reason in the interests of beneficiaries and properly interested persons, but it places reasonable constraints on applications to minimise the risk of frivolous or vexatious applications. Further, it widens the class of persons who may apply to a trustee company for information about a charitable trust, and makes special provision in relation to the investment of trust monies in common funds.
   

(March 25, July 6, 8, 27, 29, August 3 - Act No. 56 of 1999)
 

STATUTES AMENDMENT AND REPEAL (JUSTICE PORTFOLIO) BILL
 

This Bill makes a number of minor uncontroversial amendments to a number of Acts largely within the Justice Portfolio.
 

The Bill makes amendments to the Administration and Probate Act 1919, the Bail Act 1985, the Correctional Services Act 1982, the Crimes at Sea Act 1998, the Criminal Law (Sentencing) Act 1988, the District Court Act 1991, the Magistrates Court Act 1991, the Statutes Amendment (Fine Enforcement) Act 1998, the Summary Offences Act 1953, the Summary Procedure Act 1921, the Young Offenders Act 1993 and the Youth Court Act 1993, and repeals the Appeal Costs Fund Act 1979.
 

The Bill also makes consequential amendments to the Children’s Protection Act 1993.
   

(March 25, May 26, July 6, 7, 29 - Act No. 42 of 1999)
 

SUMMARY OFFENCES (OFFENSIVE AND OTHER WEAPONS) AMENDMENT BILL
 

The purpose of this Bill is to amend the scheme of control over dangerous weapons.
 

The Bill creates two different classes of regulated articles. Those articles which are considered to be more tolerable will be kept in the dangerous articles list and will remain subject to section 15(1b) of the Summary Offences Act. The defence of "lawful excuse" will be retained in relation to these articles. Those which are regarded as less tolerable will be labelled "Prohibited Weapons" to underline their undoubted status. A new offence will be created to prohibit these.
 

It is proposed that, in relation to these items, there be no defence of "lawful excuse". The only defence will be by exemption from the operation of the system. There will, therefore, be a system of exemptions. It follows that persons who commit an act of manufacture, sale, distribution, supply, dealing in, possession or use of a "prohibited weapon" will be guilty of an offence unless they can bring themselves within an exemption. The onus will be on the defendant to prove the exemption. The lists of dangerous articles and prohibited weapons will be prescribed by regulations.
   

(November 4, 18, 24, 26, 27, December 9 - Act No. 78 of 1998)
 

SUMMARY OFFENCES (SEARCHES) AMENDMENT BILL
 

The purpose of this Bill is to amend section 81 of the principal Act which authorises the conduct of an intrusive search. The current search provisions are restructured and extended with the effect of providing legislative parameters to the conduct of intimate and intrusive searches.
   

(August 4 - Lapsed due to Prorogation)
 

SUPERANNUATION (VOLUNTARY SEPARATION PACKAGES) AMENDMENT BILL
 

This Bill amends the Superannuation Act 1988, to deal with the superannuation benefits payable to members who cease employment as a consequence of accepting a Voluntary Separation Package.
 

The amendments will enhance the lump sums available. The Bill also introduces a new option for members of the pension scheme, to elect to take an immediately payable pension.
   

(July 7, 27, 28, August 3 - Act No. 57 of 1999)
 

SUPREME COURT (RULES OF COURT) AMENDMENT BILL
 

This Bill concerns the power of the Supreme Court to make rules regulating the Court’s pleading practice and procedure. It is designed to put beyond doubt that the Supreme Court’s rule-making power extends to enable the Court to make rules requiring disclosure and exchange prior to trial of copies of any experts’ reports and other relevant material.
   

(November 25, 26, February 11, 16, March 4 - Act No. 6 of 1999)
 

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.
   

(July 29 - Lapsed due to Prorogation)
 

TRANSADELAIDE (CORPORATE STRUCTURE) AMENDMENT BILL
 

The purpose of this Bill is to maximise TransAdelaide’s business opportunities by providing a commercial framework for its future. The Bill establishes TransAdelaide as a public corporation under its own legislation, separate from the Passenger Transport Act 1994. The move is designed -
 

•
•

•

to ensure TransAdelaide is seen as an independent operator in a competitive market;
to reinforce the separation between the policy development and contracting role of the Passenger Transport Board and the service delivery role of TransAdelaide; and
to assist in developing a more commercially focussed, robust performance culture within TransAdelaide.
   

(October 18, November 24, 26, December 9 - Act No. 79 of 1998)
 

WINGFIELD WASTE DEPOT CLOSURE BILL
 

The purpose of this Bill is to provide for the closure of the waste depot conducted by the Corporation of the City of Adelaide at Wingfield in an environmentally acceptable manner. The Bill provides for public participation in the preparation of a Landfill Environmental Management Plan setting out requirements in relation to the closure of the depot. The height of the solid waste landfill is restricted so that, after subsidence, it will not exceed
27 metres.
   

(February 18, March 9, 10, 23, 24, 25 - Act No. 28 of 1999)