No 1

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

TUESDAY 1 OCTOBER 1996

 

 

1†††††† Meeting of House

†††††††† The House met pursuant to Proclamation.† The Speaker (Hon G M Gunn) took the Chair.

 

2†††††† Proclamation

The Clerk read the Proclamation issued by His Excellency the Governor and dated 22 August 1996 as follows:

 

SUMMONING THE FOURTH SESSION OF THE FORTY-EIGHT PARLIAMENT

 

(L S) E J NEAL†††††††††††††††††††††††††††††††††††††††† †††††††††††††††††††††††††††††††††††† Proclamation By The Governor

 

PURSUANT to section (6) (1) of the Constitution Act 1934 and with the advice and consent of the Executive Council, I:

(a)† fix 12 noon on 1 October 1996 as the time for holding the fourth session of the Forty-Eighth Parliament;

(b)† declare that the place for holding the Parliament will be the building known as Parliament House at North Terrace, Adelaide;

and

(c)† summon the Parliament to meet for the dispatch of business at the time and place stated above and require all honourable members of the Legislative Council and the House of Assembly and all officers of the Parliament to give their due attendance accordingly.

Given under my hand and the Public Seal of South Australia, at Adelaide, 22 August 1996.

 

†††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† By command,

†††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† ††††††††††††††††††††††† Hon E S Ashenden, for Premier

 

3†††††† Prayers

†††††††† The Speaker read prayers.

 

4†††††† Summons from Governor

A summons was received from His Excellency the Governor desiring the attendance of this Honourable House in the Legislative Council Chamber; whereupon the House, with the Speaker, proceeded to obey the summons.

The House having returned to its own Chamber, the Speaker resumed the Chair.

 

5†††††† Suspension and resumption of sitting

†††††††† At 12.44 pm the sitting of the House was suspended.

†††††††† At 2.15 pm the Speaker resumed the Chair.

 


6†††††† Opening Speech of the Governor

The Speaker reported that the House had this day, in compliance with a summons from His Excellency the Governor, attended in the Legislative Council Chamber where His Excellency had been pleased to make a Speech to both Houses of Parliament, of which Speech he, the Speaker, had obtained a copy which he would now lay on the Table.

Ordered to be printed (Paper No 1).

 

7†††††† Petitions Nos 1 to 3

†††††††† The Clerk announced that the following Members had lodged Petitions for presentation:

 

1††† Mr Meier, from 76 residents of South Australia, requesting that the House urge the Government to ban the sale of pornographic material.

 

2††† Mr Scalzi, from 417 residents of South Australia, requesting that the House urge the Government to provide adequate public transport on weekends and public holidays along Lower North East Road.

 

3††† Ms White, from 545 residents of South Australia, requesting that the House urge the Government to improve the road safety conditions at the junction of Whites Road and Waterloo Corner.

 

8†††††† Papers

†††††††† The Speaker laid on the Table:

 

The Statement of the Register of Membersí Interests for the year ended 30 June 1996.

 

The Auditor-Generalís Report for the year ended 30 June 1996.

 

The Speaker informed the House that the following papers had been received and printed in accordance with section 17(7) of Parliamentary Committees Act:

 

The Thirty-First Report of the Public Works Committee on the Burra to Morgan Road Upgrade - Stage 2.

The Thirty-Second Report of the Public Works Committee on the Virginia Pipeline Project.

The Thirty-Third Report of the Public Works Committee on the Hindmarsh Soccer Stadium Upgrade.

The Thirty-Fourth Report of the Public Works Committee on the Daveyston Bypass Sturt Highway Upgrading.

The Thirty-Fifth Report of the Public Works Committee on the Royal Adelaide Hospital Carpark and IMVS New Building Project.

The Ninth Report of the Social Development Committee Inquiry into Prostitution - Final Report.

The Eighteenth Report of the Economic and Finance Committee on Boards and Committees - Information Systems and a Public Register.

 

9†††††† Papers

†††††††† The following Papers were tabled:

 

†††††††† By the Premier (Hon D C Brown) -

†††††††††††††† Planning Strategy Implementation - Premierís Report on, 1995 - 96

 

†††††††† By the Deputy Premier (Hon S J Baker) -

†††††††††††††† Evidence Act - Report relating to Suppression Orders, 1995-96

Ministerial Statement made by the Auditor-General on the Criminal Law (Undercover Operations) Act 1995


†††††††††††††† Regulations under the following Acts -

†††††††††††††††††††† Consumer Credit - Principle

†††††††††††††††††††† Consumer Transactions - Principle

†††††††††††††††††††† Co-operatives - Principle

†††††††††††††††††††† Criminal Law Consolidation - Medical Treatment of Pregnancy

†††††††††††††††††††† Liquor Licensing -

†††††††††††††††††††††††††† Controls on Consumption and Possession

†††††††††††††††††††††††††† Dry Areas -

†††††††††††††††††††††††††††††††† Port Lincoln

†††††††††††††††††††††††††††††††† Tumby Bay

†††††††††††††††††††††††††††††††† Victor Harbour

†††††††††††††††††††† Retail Shop Leases - Landlord and Tenant Act

†††††††††††††††††††† Subordinate Legislation - Postponement of expiry

†††††††††††††††††††† Trustee - Principle

†††††††††††††††††††† Young Offenders - Detention of Youths

†††††††††††††† Rules of Court - District Court - District Court Act - Appeals Residential Tenancies Act

†††††††††††††† Summary Offences Act -

†††††††††††††††††††† Dangerous Area Declarations

†††††††††††††††††††† Road Block Establishment Authorisations

 

†††††††† By the Treasurer (Hon S J Baker) -

†††††††††††††† Auditor-Generalís Department Independent Audit - Report, 1995-96

†††††††††††††† Budget Results - Report, 1995-96

†††††††††††††† Department of Treasury and Finance - Report, 1995-96

†††††††††††††† Friendly Societies Act - Confirmation Pursuant to Section 10 - General Laws

†††††††††††††† Gaming Supervisory Authority - Report, 1995-96

†††††††††††††† Liquor Licensing Commissioner - Gaming Machines Act - Report, 1995-96

†††††††††††††† Lotteries Commission of South Australia - Report, 1995-96

†††††††††††††† Motor Accident Commission - Report, 1995-96

†††††††††††††† Parliamentary Superannuation Scheme - Report, 1995-96

†††††††††††††† Police Superannuation Board - Report, 1995-96

†††††††††††††† South Australian Asset Management Task Force - Report, 1995-96

†††††††††††††† South Australian Government Captive Insurance Corporation - Report, 1995-96

†††††††††††††† South Australian Government Financing Authority - Report, 1995-96

†††††††††††††† South Australian Superannuation Board - Report, 1995-96

†††††††††††††† Superannuation Funds Management Corporation of South Australia - Report, 1995-96

 

†††††††† By the Minister for Police (Hon S J Baker) -

†††††††††††††† Firearms Act - Regulations -

†††††††††††††††††††† Compensation

†††††††††††††††††††† Variations - General

†††††††††††††† South Australian Commissioner of Police -

†††††††††††††††††††† Report, 1995-96

†††††††††††††††††††† Statistical Review, 1995-96

 

†††††††† By the Minister for Mines and Energy (Hon S J Baker) -

†††††††††††††† Mines and Energy South Australia - Report, 1995-96

†††††††††††††† Regulations under the following Acts -

†††††††††††††††††††† Mines and Works Inspection - Principle

†††††††††††††††††††† Mining -

†††††††††††††††††††††††††† Precious Stones

†††††††††††††††††††††††††† Principle

†††††††††††††††††††† Petroleum - Revocations and Variations

 

†††††††† By the Minister for Industrial Affairs (Hon G A Ingerson) -

†††††††††††††† Explosives Act - Regulations - Principle

†††††††††††††† Occupational Health, Safety and Welfare - Regulations - Petroleum & Mining Work

††††††††

†††††††† By the Minister for Recreation, Sport and Racing (Hon G A Ingerson) -

†††††††††††††† Recreation Grounds (Regulations) Act - Regulations - Principle

†††††††††††††† Rules of Racing - Racing Act - Harness Racing Board -

†††††††††††††††††††† Carbon Dioxide Level

†††††††††††††††††††† Swish Whip

 

†††††††† By the Minister for Industry, Manufacturing, Small Business and Regional Development (Hon J W Olsen) -

†††††††††††††† Regulations under the following Acts -

†††††††††††††††††††† Passenger Transport -

†††††††††††††††††††††††††† Regular Passenger Service - Exclusions

†††††††††††††††††††††††††† Variations

†††††††††††††††††††† Road Traffic - Principle

†††††††††††††††††††† Summary Offences - Method of Referring to Offences

††††††††

†††††††† By the Minister for Infrastructure (Hon J W Olsen) -

†††††††††††††† ETSA Corporation -

†††††††††††††††††††† Charter, 1995-96

†††††††††††††††††††† Report, 1995-96

†††††††††††††† Statutory Authorities Review Committee - Response to the Second Interim Report - Review of the Electricity Trust of SA

†††††††††††††† Sewerage Act - Regulations - Principle

†††††††††††††† Waterworks Act - Regulations - Principle

 

†††††††† By the Minister for Health (Hon M H Armitage) -

†††††††††††††† Regulations under the following Acts -

†††††††††††††††††††† Dentists - Qualifications

†††††††††††††††††††† Medical Practitioners - Fees

†††††††††††††††††††† Optometrists - Principle

†††††††††††††††††††† Psychological Practices -

†††††††††††††††††††††††††† Fees

†††††††††††††††††††††††††† Principle

†††††††††††††††††††† Public and Environmental Health - Notifiable Diseases

†††††††††††††††††††† South Australian Health Commission - Interpretation Various

 

†††††††† By the Minister for the Environment and Natural Resources (Hon D C Wotton) -

†††††††††††††† Border Groundwater Agreement Review Committee - Report, 1994-95

†††††††††††††† Regulations under the following Acts -

†††††††††††††††††††† Crown Lands - Principle

†††††††††††††††††††† Environment Protection - Waste Depot Levy

†††††††††††††††††††† National Parks and Wildlife - Hunting

†††††††††††††† Wilderness Protection Act - Report, 1995-96

 

†††††††† By the Minister for State Government Services (Hon W A Matthew) -

†††††††††††††† Freedom of Information Act - Report 1994-95

 

†††††††† By the Minister for Employment, Training and Further Education (Hon R B Such) -

†††††††††††††† Education Act - Regulations -

†††††††††††††††††††† Suspension and Expulsion of Students

†††††††††††††††††††† Teachers Registration

 

†††††††† By the Minister for Primary Industries (Hon R G Kerin) -

†††††††††††††† Consolidation of Legislation Relating to Livestock Health, Animal Identification and Compensation - White Paper, 1996

†††††††††††††† South Australian Timber Corporation and Controlled Entities - Financial Statements and Reports, 1995‑96

†††††††††††††† The Advisory Board of Agriculture - Report, 1995-96


†††††††††††††† Regulations under the following Acts -

†††††††††††††††††††† Agricultural Chemicals - Principle

†††††††††††††††††††† Apiaries - Registration as beekeeper

†††††††††††††††††††† Fisheries Act - Constitution of Fisheries

†††††††††††††††††††† Poultry Meat Industry - Principle

†††††††††††††††††††† Stock Foods - Principle

 

†††††††† By the Minister for Housing, Urban Development and Local Government Relations (Hon E S Ashenden) -

†††††††††††††† District Council -

†††††††††††††††††††† By-Laws -

†††††††††††††††††††††††††† Strathalbyn -

†††††††††††††††††††††††††††††††† No 2 - Repeal and Renumbering of By-Laws

†††††††††††††††††††††††††††††††† No 3 - Streets and Public Places

†††††††††††††††††††††††††††††††† No 4 - Street Traders

†††††††††††††††††††††††††††††††† No 6 - Garbage Removal

†††††††††††††††††††††††††††††††† No 7 - Height of Fences Near Intersections

†††††††††††††††††††††††††††††††† No 8 - Park Lands

†††††††††††††††††††††††††††††††† No 10 - Caravans Tents and Camping

†††††††††††††††††††††††††††††††† No 11 - Animals, Birds and Poultry

†††††††††††††††††††††††††††††††† No 12 - Bees

†††††††††††††††††††††††††††††††† No 13 - Nuisances

†††††††††††††††††††††††††††††††† No 14 - Vehicles

†††††††††††††††††††††††††††††††† No 15 - Dogs

†††††††††††††††††††††††††††††††† No 16 - Cemeteries

†††††††††††††††††††††††††††††††† No 17 - Inflammable Undergrowth

†††††††††††††††††††††††††† Yankalilla -

†††††††††††††††††††††††††††††††† No 1 - Permits and Penalties

†††††††††††††††††††††††††††††††† No 2 - Repeal and Renumbering of By-Laws

†††††††††††††††††††††††††††††††† No 3 - Streets and Public Places

†††††††††††††††††††††††††††††††† No 4 - Street Traders

†††††††††††††††††††††††††††††††† No 5 - Moveable Signs

†††††††††††††††††††††††††††††††† No 6 - Garbage Removal

†††††††††††††††††††††††††††††††† No 7 - Height of Fences Near Intersections

†††††††††††††††††††††††††††††††† No 8 - Park Lands

†††††††††††††††††††††††††††††††† No 9 - Caravans, Tents and Camping

†††††††††††††††††††††††††††††††† No 10 - Animals, Birds and Poultry

†††††††††††††††††††††††††††††††† No 11 - Bees

†††††††††††††††††††††††††††††††† No 12 - Vehicles Kept or Let for Hire

†††††††††††††††††††††††††††††††† No 14 - Cemeteries

†††††††††††††††††††††††††††††††† No 15 - Foreshore

†††††††††††††††††††† Mallala - Waste Disposal Policies Plan Amendment Report - Report by the Minister on the Interim Operation

†††††††††††††† Development Assessment Commission - Crown Development Report - on the Proposal by SA Services for the Redevelopment of the Belair Primary School

†††††††††††††† Regulations under the following Acts -

†††††††††††††††††††† Development - Port Adelaide Enfield - Case Metals Zone

†††††††††††††††††††† Local Government -

†††††††††††††††††††††††††† Expiation Fee - Post Box

†††††††††††††††††††††††††† Parking near Post Box

†††††††††††††††††††† South Australian Housing Trust - Water Rates.

 

10††††† Questions

†††††††† Questions without notice were asked.

 


11††††† Suspension of Standing Orders

The Deputy Premier, without notice, moved - That for the remainder of the Session, Standing Orders be so far suspended as to provide that -

a.†† at the conclusion of the period for questions without notice the Speaker may propose the question "That the House note grievances".† Up to six Members may speak for a maximum of five minutes each before the Speaker puts the question.

b.†† the motion for adjournment of the House on Tuesdays and Wednesdays may be debated for up to 20 minutes, provided it is moved before 10.00 pm

c.†† the motion for adjournment of the House on Thursdays -

††††††††††††††††††††††† (i)†††††††† may be moved later than 5.00 pm;

††††††††††††††††††††††† (ii)†††††††† may not be debated.

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

 

12††††† Grievance debate

†††††††† The Speaker proposed - That the House note grievances.

†††††††† Debate ensued.

†††††††† Question put and passed.

 

13††††† Standing Orders Committee

The Deputy Premier moved ‑ That a Standing Orders Committee of five Members be appointed consisting of the Speaker and Messrs Atkinson, Brindal, De Laine and Meier

†††††††† Question put and passed.

 

14††††† Printing Committee

The Deputy Premier moved ‑ That a Printing Committee of five Members be appointed consisting of Hon. F.T. Blevins and Messrs Brokenshire, Clarke, Rossi and Venning.

†††††††† Question put and passed.

 

15††††† Address in Reply

The Deputy Premier advised the House that he had nominated the Member for Peake to move an Address in Reply to His Excellency's Opening Speech.

Ordered - That consideration of the Address in Reply be made an Order of the Day for tomorrow.

 

16††††† Select Committee on Organs for Transplantation

The Minister for Health, by leave, moved - That the Select Committee on Organs for Transplantation appointed by this House on 4 May 1994 have power to continue its sittings during the present session and that the time for bringing up its report be extended until Thursday 5 December.

†††††††† Question put and passed.

 

17††††† Joint Committee on Living Resources

The Deputy Premier, by leave, moved - That the Members of this House appointed to the Joint Committee on Living Resources have power to continue their consideration during this session.

†††††††† Question put and passed.

 

18††††† Select Committee on Petrol Multi Site Franchising

Mr Caudell, by leave, moved - That the Select Committee on Petrol Multi Site Franchising appointed by this House on 26 October 1995 have power to continue its sittings during the present session and that the time for bringing up its report be extended until Thursday 3 October.

Question put and passed.

 


19††††† Select Committee on Yumbarra Conservation Park Re-proclamation

The Minister for Mines and Energy, by leave, moved - That the Select Committee on Yumbarra Conservation Park Re-proclamation appointed by this House on 10 April 1996 have power to continue its sittings during the present session and that the time for bringing up its report be extended until Tuesday 3 December.

Question put and passed.

 

20††††† Select Committee on the Pulp and Paper Mill (Hundreds of Mayurra and Hindmarsh) (Council Rates) Amendment Bill

The Minister for Housing, Urban Development and Local Government Relations, by leave, moved - That the Select Committee on the Pulp and Paper Mill (Hundreds of Mayurra and Hindmarsh) (Council Rates) Amendment Bill appointed by this House on 4 July 1996 have power to continue its sittings during the present session and that the time for bringing up its report be extended until Tuesday 22 October.

Question put and passed.

 

21††††† Adjournment

The Deputy Premier moved - That the House do now adjourn.

Debate ensued.

Question put and passed.

House adjourned at 4.51 pm until tomorrow at 2.00 pm.

 

____________

 

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

††††† for Wednesday 2 October 1996

†††††††† Notice of Motion: Government Business-

 

The Minister for Housing, Urban Development and Local Government Relations to move - That he have leave to introduce a Bill for an Act to provide for the appointment of Commissioners to undertake responsibility for the operations of The Corporation of the City of Adelaide during a period of administration; and for other purposes

 

††††† for Thursday 3 October 1996

†††††††† Notice of Motion: Government Business-

 

The Minister for Industry, Manufacturing, Small Business and Regional Development to move - That he have leave to introduce a Bill for an Act to amend the MFP Development Act 1992.

 

†††††††† Notices of Motion:† Other Motions-

 

Mrs Greig to move - That this House congratulates all South Australian public primary school children, their music teachers, the 77 assisting artists/groups, the Orchestra Coordinator, the Orchestra and choir conductors, Mr Joseph Docherty and members of the South Australian Public Primary Schools Music Society Inc for their outstanding and highly successful 1996 Festival of Music.

 

Mr Brokenshire to move - That this House congratulates the Friends of Parks on a successful 1996 annual conference.

 

Mr Cummins to move - That this House congratulates the Minister for the Environment and Natural Resources and the Premier on the successful release of ďA Greener South Australia PolicyĒ.

 

Mr Scalzi to move - That this House congratulates the Government on its initiative to hold a family summit in November.

 

Ms Stevens to move - That this House -

(a)† congratulates the SANFL on a very successful year;

(b)† commends the Port Adelaide and Central Districts Football Teams on reaching the Grand Final; and

(c)† acknowledges that the best team on the day will win but hopes that it is Central Districts.

Mr Brokenshire to move - That this House urges the Government to reject the Currareua cotton fields development within the Cooper Creek catchment.

 

††††† for Thursday 17 October 1996

†††††††† Notices of Motion: Private Members Bills/ Committees/ Regulations-

 

Mr Leggett to move - That the Final Report of the Social Development Committee Inquiry into Prostitution be noted.

 

Mr Becker to move - That the Eighteenth Report of the Economic and Finance Committee on Boards and Committees -Information Systems and a Public Register be noted.

 

†††††††† Notice of Motion:† Other Motions-

 

Mr Lewis to move - That this House, regardless of our individual views and attitudes to the law relating to euthanasia, and in keeping with our respect for the spirit of the Constitution of the Commonwealth of Australia, calls on Mr Speaker in the House of Representatives and all honourable Members of the House of Representatives and Mr President of the Senate and all Honourable Senators in the Commonwealth Parliament to desist from contemplating any proposal to over-ride any such law in any of the Territories in the Commonwealth of Australia.

 

____________

 

 

††††† Present during the day - All Members except Mr D S Baker, Hon J W Olsen and Mr Quirke.

 

 

 

 

 

†††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† G M Gunn

†††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† SPEAKER

 

G D Mitchell

CLERK OF THE HOUSE OF ASSEMBLY