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House of Assembly - Fifty-Fourth Parliament, First Session (54-1)
2018-12-04 Daily Xml
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Bills

Summary Offences (Liquor Offences) Amendment Bill

Final Stages

The Legislative Council agreed to the bill with the amendments indicated by the following schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly:

No. 1. Clause 4, page 4, line 10 [clause 4, inserted section 21OB(3)(a)]—

Delete ‘pecuniary’ and substitute 'commercial'

No. 2. Clause 4, page 5, line 9 [clause 4, inserted section 211OC(2)]—

After ‘transported’ insert 'more than the prescribed amount of'

No. 3. Clause 4, page 5, after line 12 [clause 4, inserted section 21OC]—After subsection (2) insert:

(3) A regulation for the purposes of subsection (2) may vary according to the area, circumstances or any other specified factor to which the regulation is expressed to apply

Consideration in committee.

The Hon. V.A. CHAPMAN: I move:

That the Legislative Council's amendments be agreed to.

These are three amendments from the Legislative Council sponsored by the Treasurer. In short and to explain to the members, there were a couple of matters that were raised during the course of the debate largely presented to us by the Aboriginal Legal Rights Movement. We had been in consultation with a number of the relevant bodies in this legislation, which was, I suppose, to colloquially deal with the grog running practice.

I will not recount the intent of the bill, but in short what was identified by them, even though their submission came in a bit late, was that there could be a pecuniary purpose—that is, there would be money exchanged for alcohol—and it may be a situation where it was not for commercial purposes but may be the purchase of some alcohol for a relative, who is obviously over the age of 18 years.

We accepted as a government, and the Legislative Council has accepted, that that might unfairly, of course, prevent an aunt or uncle, or grandparent or a parent saying, 'While you are in Port Augusta, can you collect some alcohol that we are going to be using for a celebration.' They would effectively be paying for it when their niece, nephew or grandson returned, and that would unfairly capture them.

These are relatively minor amendments, and the government has sponsored them and accepts them. I think in this instance the opposition has given us support for this legislation. It is in a form that had been initially introduced by the opposition while they were in government. There were some amendments.

We talked through those with South Australia Police, who are largely responsible for the management of this issue, and we talked with, I think, nine different Aboriginal groups we specifically consulted to make sure that we were fully cognisant of the protections they were seeking for their own people together with practical, applicable laws for the purposes of SAPOL.

With those few comments, I would endorse to the committee the support of the amendments and support the motion to accept accordingly.

Mr PICTON: The opposition is supporting the amendments from the Legislative Council.

Motion carried.


At 17:30 the house adjourned until Wednesday 5 December 2018 at 10:30.

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