No 1

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

TUESDAY 7 MAY 2002

 

 

1       Meeting of House

The House met pursuant to Proclamation.

 

2       Proclamation

The Acting Clerk read the Proclamation issued by Her Excellency the Governor as follows:

 

SUMMONING THE SECOND SESSION OF THE FIFTIETH PARLIAMENT

 

 (l.s.)    Marjorie Jackson-Nelson                       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 7 May 2002 as the time for holding the second session of the Fiftieth Parliament; and

     (b)   declare that the place for holding the Parliament will be the building known as Parliament House at North Terrace in the City of 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, 5 March 2002.

                                                                                                              

                                                                                       By command

                                                                                                   M. D. Rann, Premier

 

3       Prayers

The Speaker read prayers.

 

4       Summons from Governor

A summons was received from Her 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 12:14 pm the sitting of the House was suspended.

At 2:15 pm the Speaker resumed the Chair.

 


6       Death of The Queen Mother

The Premier (Hon M D Rann), by leave, moved - That the House of Assembly expresses its deep sorrow at the recent death of Her Majesty Queen Elizabeth, The Queen Mother and joins with Her Excellency the Governor in conveying sincere sympathy to Her Majesty the Queen and Members of the Royal Family; and as a mark of respect to her memory the sitting of the House be suspended until the ringing of the bells.

And being supported by the Leader of the Opposition (Hon R G Kerin), Mr Snelling and the Speaker:

Motion carried in silence; Members rising in their places.

 

7       Suspension and resumption of sitting

At 2:35 pm the sitting of the House was suspended.

At 2:45 the Speaker resumed the Chair.

 

8       Death of Hon L R Hart

The Premier, by leave, moved - That the House of Assembly expresses its deep regret at the death of Hon L R Hart, former Member of the Legislative Council, and places on record its appreciation of his distinguished public service.

And being supported by the Leader of the Opposition, Hon D C Brown, Mr Meier, Mr Venning and the Speaker:

Motion carried in silence; Members rising in their places.

 

9       Death of Mr R Jacobi

The Premier, by leave, moved - That the House of Assembly expresses its deep regret at the death of Mr Ralph Jacobi, former Member of the House of Representatives for the electorate of Hawker, and places on record its appreciation of his distinguished public service.

And being supported by the Leader of the Opposition, Minister for Social Justice (Ms Key), Minister for Environment and Conservation (Hon J D Hill), Mr Hanna, Mr Koutsantonis, Mr Brindal, Mr Snelling and the Speaker:

Motion carried in silence; Members rising in their places.

 

10      Death of Ms C Brownbill

The Premier, by leave, moved - That the House of Assembly expresses its deep regret at the death of Ms Cathrine Brownbill, former Member of the House of Representatives for the electorate of Kingston, and places on record its appreciation of her distinguished public service.

And being supported by the Leader of the Opposition, Mrs Hall and the Speaker:

Motion carried in silence; Members rising in their places.

 

11      Suspension and resumption of sitting

At 3:40 pm the sitting of the House was suspended.

At 3:50 pm the Speaker resumed the Chair.

 

12      Opening Speech of the Governor

The Speaker reported that the House had this day, in compliance with a summons from Her Excellency the Governor, attended in the Legislative Council where Her 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 now laid upon the Table.

Ordered to be published (Paper No 1).

 

13      Petitions Nos 1 to 3

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

 

1    The Minister for Health (Hon L Stevens), from 327 residents of South Australia, requesting that the House include discrimination on the grounds of mental illness in the Equal Opportunity Act.

 

2    The Minister for Environment and Conservation (Hon J D Hill), from 966 residents of South Australia, requesting that the House support the development of wind power at Sellicks Hill.

 

3    Mrs Penfold, from 193 residents of South Australia, requesting that the House ensure that a police officer is permanently stationed in the township of Coffin Bay.

 

14      Papers

The following Papers were tabled:

 

By the Premier  –

     Remuneration Tribunal – Determination and Report –

            No 2 of 2002 - Travelling & Accommodation Allowances

            No 3 of 2002 – Ministers of the Crown & Officers & Members of Parliament

 

By the Deputy Premier (Hon K O Foley) –

     Regulations under the following Acts -

            Fisheries – Blue Crab

            Offshore Minerals – Licences

 

By the Treasurer (Hon K O Foley) –

     Rules –

            Authorised Betting Operations Act – Bookmakers Licensing - Unclaimed Winnings

 

By the Minister for Industry, Investment and Trade (Hon K O Foley) –

     Australasia Railway Corporation – Report 2000-2001

 

By the Attorney-General (Hon M J Atkinson) –

     Rules of Court –

     Magistrates Court – Magistrates Court Act – Jurisdiction Changes

     Supreme Court – Supreme Court Act – Scale of Costs

 

By the Minister for Consumer Affairs (Hon M J Atkinson) –

     Regulations under the following Acts -

            Conveyancers – Trust Accounts

            Land Agents – Trust Account Exemption

            Liquor Licensing –

                  Dry Areas –

                           Ceduna and Thevenard, Gawler

                           Normanville

                           Hallett Cove

            Security & Investigation Agents – Keeping Records

            Trade Measurement –

                  Measuring Instruments

                  Pre-Packed Articles

 

By the Minister for Health –

     Food Act – Report 2000-2001

     Social Development Committee – Response to Inquiry into Biotechnology Part II, Food Production.

     South Australian Council on Reproductive Technology – Report 2001

     Supported Residential Facilities Advisory Committee – Report 2000-2001

 

By the Minister for Education and Children’s Services (Hon P L White) –

     Senior Secondary Assessment Board of South Australia – Report 2001

     Teachers Registration Board of South Australia – Report 2001

 


By the Minister for Environment and Conservation (Hon J D Hill) –

     Bookmark Biosphere Trust – Report 2000-2001

     Dog and Cat Management Board of South Australia – Report 2000-2001

     Martindale Hall Conservation Trust – Report 2000-2001

     Murray-Darling Basin Commission – Report 2000-2001

     National Parks and Wildlife Council - South Australian – Report 2000-2001

     Native Vegetation Council – Report, 2000-2001

     State Heritage Authority – Report 2000-2001

     Statutory Authorities Review Committee – Response – Inquiry into Aboriginal Lands Trust, Coast Protection Board and Veterinary Surgeons Board.

    

     Regulations under the following Act -

            Water Resources – Extension of Management Policy

 

By the Minister for Transport (Hon M J Wright) –

     Regulations under the following Act –

            Harbors and Navigation – Exotic Seaweed

 

By the Minister for Local Government (Hon J W Weatherill) –

     Rules –

            Local Government Superannuation Board – Final Salary.

 

15      Questions

Questions without notice were asked.

Ordered – On motion of the Minister for Government Enterprises - That the period for asking questions without notice be extended by 5 minutes.

Questions without notice resumed.

 

16      Suspension of Standing Orders

The Minister for Government Enterprises, without notice, moved - That for the remainder of the session Standing Orders be so far suspended as to provide that:

1 unless otherwise ordered, the House sits on each Monday at 2:00 pm: and

2 unless otherwise ordered, the motion for adjournment on Mondays is moved not later than 5:40 pm and if the motion is moved before that time, it may 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.

 

17      Suspension of Standing Orders

The Minister for Government Enterprises, without notice, moved - That Standing Orders be and remain so far suspended as to enable the introduction of Government Bills before the Address in Reply is adopted.

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

 

18      Supply Bill

The Treasurer, pursuant to order, moved - That he have leave to introduce a Bill for an Act for the appropriation of money from the Consolidated Account for the financial year ending on 30 June 2003.

Question put and passed.

Bill presented and read a first time.

 

The Treasurer moved - That this Bill be now read a second time.

Ordered, on motion of Hon D C Brown, that the debate be adjourned until tomorrow.

 

19      Grievance debate

The Speaker proposed - That the House note grievances.

Debate ensued.

Question put and passed.

 


20      Extension of sitting

Ordered, on motion of the Minister for Government Enterprises, - That the sitting of the House be extended beyond 6.00pm.

Question put and passed.

 

21      Standing Orders Committee - Appointment of Members

The Minister for Government Enterprises moved - That Hon D C Brown, Mrs Geraghty, Hon G M Gunn and Mr Hanna be appointed to act with the Speaker as members of the Standing Orders Committee.

Question put and passed.

 

22      Publishing Committee - Appointment of Members

The Minister for Government Enterprises moved - That a Publishing Committee be appointed consisting of Ms Ciccarello, Mr Goldsworthy, Mr Koutsantonis, Ms Thompson and Mr Venning.

Question put and passed.

 

23      Joint Parliamentary Service Committee - Appointment of Members

The Minister for Government Enterprises moved - That pursuant to section 5 of the Parliament (Joint Services) Act 1985, Mrs Geraghty and Mr Williams be appointed to act with the Speaker as members of the Joint Parliamentary Service Committee; and that Hon R B Such be appointed the alternate member of the Committee to Mr Speaker,  Mr Snelling alternate member to Mrs Geraghty and Mr Venning alternate member to Mr Williams; and that a message be sent to the Legislative Council in accordance with the foregoing resolution.

Question put and passed.

 

24      Economic and Finance Committee - Appointment of Members

The Minister for Government Enterprises moved - That Hon I F Evans, Hon G M Gunn, Mrs Maywald, Mr O’Brien, Mr Rau, Ms Thompson and Mr Snelling be appointed to the Economic and Finance Committee.

Question put and passed.

 

25      Environment, Resources and Development Committee - Appointment of Members

The Minister for Government Enterprises moved - That Ms Breuer, Hon M R Buckby and Mr McEwen be appointed to the Environment, Resources and Development Committee; and that a message be sent to the Legislative Council transmitting the foregoing resolution.

Question put and passed.

 

26      Legislative Review Committee - Appointment of Members

The Minister for Government Enterprises moved - That Mrs Geraghty, Mr Hanna and Hon D C Kotz be appointed to the Legislative Review Committee; and that a message be sent to the Legislative Council transmitting the foregoing resolution.

Question put and passed.

 

27      Social Development Committee - Appointment of Members

The Minister for Government Enterprises moved - That Ms Bedford, Mr Scalzi and Mr Snelling be appointed to the Social Development Committee; and that a message be sent to the Legislative Council transmitting the foregoing resolution.

Question put and passed.

 

28      Public Works Committee - Appointment of Members

The Minister for Government Enterprises moved - That Mr Brindal, Mr Caica, Ms Ciccarello, Mr Koutsantonis and Mr Venning be appointed to the Public Works Committee.

Question put and passed.

 

29      Statutory Officers Committee - Appointment of Members

The Minister for Government Enterprises moved - That the Attorney-General, Dr McFetridge and Mr Rau be appointed to the Statutory Officers Committee; and that a message be sent to the Legislative Council transmitting the foregoing resolution.

Question put and passed.

 

30      Parliamentary Committee on Occupational Safety, Rehabilitation and Compensation - Appointment of Members

The Minister for Government Enterprises moved - That Mr Caica, Mr Hanna and Mrs Redmond be appointed to the Parliamentary Committee on Occupational Safety, Rehabilitation and Compensation; and that a message be sent to the Legislative Council transmitting the foregoing resolution.

Question put and passed.

 

31      Address in Reply

The Minister for Government Enterprises advised the House that he nominated the Member for Colton to move an Address in Reply to Her Excellency's Opening Speech.

Ordered, on motion of the Minister for Government Enterprises – That consideration of the Address in Reply be made an Order of the Day for tomorrow.

 

32      Adjournment

House adjourned at 6:03 pm until Wednesday 8 May at 2:00 pm.

 

____________

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

     For Wednesday 8 May 2002

 

Notices of Motion – Government Business

 

The Premier to move – That he have leave to introduce a Bill for an Act to amend the Public Finance and Audit Act 1987.

 

The Premier to move – That he have leave to introduce a Bill for an Act to amend the Criminal Law Consolidation Act 1935, the Public Corporations Act 1993 and the Public Sector Management Act 1995.

 

The Premier to move – That he have leave to introduce a Bill for an Act to amend the Ombudsman Act 1972.

 

 

     For Thursday 16 May 2002

 

Notices Of Motion - Private Members Bills/ Committees/ Regulations

 

Hon I F Evans to move – That he have leave to introduce a Bill for an Act to limit the liability of certain persons for injury arising out of genuine attempts to help victims in emergency situations.

 

Mr Brokenshire to move – That he have leave to introduce a Bill for an Act to amend the Controlled Substances Act 1984.

 

Hon M R Buckby to move – That he have leave to introduce a Bill for an Act to establish a licensing system for regular passenger air services on declared routes between airports in the State; and for other purposes.

 

Hon D C Kotz to move – That she have leave to introduce a Bill for an Act to limit the liability of certain landowners for injury suffered by persons who enter their land for a recreational purpose; and for other purposes.

 

Hon I F Evans to move – That he have leave to introduce a Bill for and Act to amend the Native Vegetation Act 1991 and to make a related amendment to the Development (System Improvement Program) Amendment Act 2000.

 

Notices of Motion – Other Motions

 

Mr Brokenshire to move- That this House congratulates Mitsubishi, Mitsubishi workers and all those involved in the successful outcome for Mitsubishi with respect to the building of new models in 2005.

 

 

     For Thursday 11 July 2002

 

Notices of Motion – Other Motions

 

Hon I F Evans to move- That this House requests Her Excellency the Governor to make a proclamation under section 43(4) of the National Parks and Wildlife Act 1972 to vary the proclamation made on 15 April 1982 constituting the Gammon Ranges National Park to remove all rights of entry, prospecting, exploration or mining pursuant to a mining Act (within the meaning of the National Parks and Wildlife Act 1972) in respect of the land constituting the National Park.

 

Hon I F Evans to move - That this House requests Her Excellency the Governor to make a proclamation under section 43(4) of the National Parks and Wildlife Act 1972 to vary the proclamation made under Part 3 of that Act on 14 August 1997 so as to remove the ability to acquire or exercise pursuant to that proclamation pipeline rights under the Petroleum Act 1940 (or its successor) over the portion of the Flinders Chase National Park described as section 53, Hundred of Borda, County of Carnarvon.

 

 

____________

 

 

     Present during the day - All Members.

 

 

 

 

 

                                                                                                               Peter Lewis

                                                                                                               SPEAKER

 

David A Bridges

ACTING CLERK OF THE HOUSE OF ASSEMBLY