No 2

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

TUESDAY 16 SEPTEMBER 2003

 

 

1       Meeting of House

         The House met pursuant to adjournment. The Speaker (Hon Peter Lewis) took the Chair and read prayers.

 

2        Messages from the Governor

The following Messages from the Governor’s Deputy were received and read:

 

Firearms (COAG Agreement) Amendment Bill – Recommending          

Message No 1

The Governor’s Deputy recommends to the House of Assembly the appropriation of such amounts of money as may be required for the purposes mentioned in the Firearms (COAG Agreement) Amendment Bill 2003.

Government House, 16 September 2003                 B Krumins, GOVERNOR’S DEPUTY

 

Statutes Amendment (Division of Superannuation Interests Under Family Law Act) Bill 2003 – Recommending                                                                           Message No 2

The Governor’s Deputy recommends to the House of Assembly the appropriation of such amounts of money as may be required for the purposes mentioned in the Statutes Amendment (Division of Superannuation Interests Under Family Law Act) Bill 2003.     

Government House, 16 September 2003                 B Krumins, GOVERNOR’S DEPUTY

 

3       Petitions Nos 5 and 6

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

 

5    Mr Goldsworthy, from 157 residents of South Australia, requesting the House to urge the Minister for Transport to provide funding from the 2004-2005 State Budget to rectify traffic problems around the Nairne Primary School.

 

6    Dr McFetridge, from 54 residents of South Australia, requesting the House to amend current legislation to allow dogs, under effective control, to sit with their owners in all outdoor dining areas.

 

4        Speakers Statement – House of Assembly Members Annual Travel Report 2002-2003

         The Speaker made the following statement:

The Speaker advised that in future to assist the media in gaining a better understanding of the likely benefits to be derived from Members’ travel, an expanded spreadsheet will be attached to the summary of travel expenses whereupon each member can summarise what they intend to achieve from their study tour.

 

5       Papers

         The following Papers were tabled:

 

By the Premier (Hon M D Rann) –

Government Boards and Committees Information (by portfolio) as at 30 June 2003

            Volume 1

            Volume 2

            Volume 3

 

By the Treasurer (Hon K O Foley) –

      Generation Lessor Corporation Charter, August 2003

 

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

      Director of Public Prosecutions Act 1991 – Direction under Section 9(2)

 

      Regulations under the following Acts –

                  Land Acquisition – Native Title Variations

                  Subordinate Legislation – Expiry Postponed

                  Victims of Crime – Fees, Applications Amended

 

      Rules of Court –

                  District Court – Amendment No 42 –Definitions Suspended

                  Magistrates Court – Amendment No 20 - Complaint, Review Application

 

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

      Regulations under the following Acts –

                  Fair Trading – Related Acts

                  Hairdressers – Qualifications

                  Liquor Licensing – Long Term Dry Areas –

                        Copper Coast

                        Port Pirie

                        Golden Grove

                        Meningie

 

By the Minister for Health (Hon L Stevens) –

      Regulations under the following Acts –

                  Controlled Substances – Pesticides

                  Occupational Therapists – Qualifications

 

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

      Regulations under the following Acts –

                  Children’s Services –

                        Remake

                        Revocation

 

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

      Regulations under the following Acts –

                  Native Vegetation – 2003 Regulations

                  Pitjantjatjara Land Rights – Food, Medicine, Mining Access

 

By the Minister for the River Murray (Hon J D Hill) –

      Murray-Darling Basin Commission 2001 – 2002

 

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

      Response to the Inquiry into the Passenger Transport Board – 32nd Report of the Statutory Authorities Review Committee

 

      Regulations under the following Acts –

                  Harbors and Navigation - Quarantine Extension

                  Passenger Transport – Maximum Taxi Fares

 

By the Minister for Industrial Relations (Hon M J Wright) –

      Regulations under the following Acts –

                  Construction Industry Long Service Leave – Remake – Long Services Leave

 

By the Minister for Tourism (Hon J D Lomax-Smith) –

      Advisory Board of Agriculture 2002/2003

      Citrus Board of South Australia for the Year Ended 30 April 2002

      Langhorne Creek Wine Industry Fund 2001 – 2002

      Primary Industry Funding Schemes Act 1998 – Riverland Wine Industry Fund 2001 - 2002

 

      Response to the Report of the Legislative Review Committee – Giant Crab Regulation Numbers 259 and 273 of 2001

 

      Regulations under the following Acts –

                  Branding of Pigs – Tracing of Livestock

                  Fisheries –

                        Abalone, Undersized Fish

                        Shark Length, Finning

                        Scheme of Management Variation - Abalone

                  Primary Industries Funding Schemes –

                        Adelaide Hills Variation

                        Adelaide Hills Wine Industry

 

By the Minister for Employment, Training and Further Education (Hon J D Lomax-Smith) –

      Flinders University – Report 2002

 

By the Minister for Urban Development and Planning (Hon J W Weatherill) –

      Regulations under the following Acts –

                  Development –

                        Development Assessment Variation

                        Requirements Clarified

            Regulation 18A Revoked

                  West Beach Recreation Reserve – Conduct of Users – Remake.

 

By the Minister for Administrative Services (Hon J W Weatherill) –

      Regulations under the following Acts –

                  Freedom of Information – Fees and Charges.

 

6       Questions

Questions without notice were asked.

 

7       Standing Orders Committee - Appointment of Members

Ordered, on motion of the Minister for Infrastructure (Hon P F Conlon), - That the appointment of members to the Standing Orders Committee be deferred to tomorrow.

 

8       Grievance debate

On motion of the Speaker, the House noted grievances.

 

9       Suspension of Standing Orders – Sessional Orders

The Minister for Infrastructure, pursuant to notice, moved – That for the remainder of the Session, Standing Orders be so far suspended as to provide –

(A)     that -    

(i)   unless otherwise ordered, the House sits on each Monday at 2 pm; and

(ii)  unless otherwise ordered, the motion for adjournment on Mondays is moved not later than 10 pm and if the motion is moved before that time, it may be debated; and

(B)     that Private Members Business has precedence over all other business as follows -

(i)  on Wednesdays for two hours after grievances – Bills, Motions with respect to Committees (including Reports of Committees) and Motions for Disallowance of Regulations; and

(ii)  on Thursdays from 10-30 am to 1 pm – Other Motions;

provided that –

(a)      Notices of Motion take priority over Orders of the Day unless otherwise ordered; and

(b)      if all business in (ii) is completed before 1 pm the sitting of the House is suspended until 2 pm.

         Question put and passed.

 

10      Suspension of Standing Orders

The Minister for Infrastructure, pursuant to notice, moved – That Standing Orders be and remain so far suspended as to enable restoration and introduction of Government Bills before the Address-in-Reply is adopted.

         Question put and passed.

 

11      Statutes Amendment (Anti-Fortification) Bill

The Attorney-General, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Development Act 1993 and the Summary Offences Act 1953.

Question put and passed.

         Bill presented and read a first time.

 

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

         Ordered, on motion of Mr Brokenshire, that the debate be adjourned until tomorrow.

 

12      Summary Offences (Offensive Weapons) Amendment Bill

The Attorney-General, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Summary Offences Act 1953.

Question put and passed.

         Bill presented and read a first time.

 

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

         Ordered, on motion of Mr Brokenshire, that the debate be adjourned until tomorrow.

 

13      Passenger Transport (Dissolution of Passenger Transport Board) Amendment Bill

The Minister for Transport, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Passenger Transport Act 1994 and to make related amendments to the Road Traffic Act 1961 and the Superannuation Act 1988.

Question put and passed.

         Bill presented and read a first time.

 

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

         Ordered, on motion of Mr Brokenshire, that the debate be adjourned until tomorrow.

 

14      Motor Vehicles (Suspension of Licences of Medically Unfit Drivers) Amendment Bill

The Minister for Transport, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Motor Vehicles Act 1959.

Question put and passed.

         Bill presented and read a first time.

 

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

         Ordered, on motion of Mr Brokenshire, that the debate be adjourned until tomorrow.

 

15      Address in Reply

Order of the Day read for the consideration of the Address in Reply.

Ms Thompson moved - That the following Address in Reply to the Governor’s Deputy’s Opening Speech be adopted:

 

To Her Excellency, Marjorie Jackson - Nelson, Companion of the Order of Australia, Commander of the Royal Victorian Order and Member of the Order of the British Empire, Governor in and over the State of South Australia and its dependencies in the Commonwealth of Australia:

 

May It Please Your Excellency -

1.       Through Your Excellency, we, the Members of the House of Assembly, thank His Excellency the Governor’s Deputy for the Speech with which he had been pleased to open Parliament.

2.       We assure Your Excellency that we will give our best attention to all matters placed before us.

3.       We earnestly join in His Excellency’s prayer for the Divine blessing on the proceedings of the Session.

Ordered, on motion of the Minister for Transport, that the debate be adjourned and resumed on motion.

 

16            Ministerial Statement

         The Minister for Industrial Relations made a statement about his answers to questions without notice earlier today.

 

17      Address in Reply

Ordered - That the adjourned debate on the question - That the Address in Reply be adopted - be now resumed.

Debate resumed.

Ordered, on motion of Mrs Geraghty, that the debate be further adjourned until tomorrow.

 

18      Messages from the Legislative Council

         The following Messages from the Legislative Council were received and read:

 

Standing Orders Committee - Notification of appointment                     Message No 1

MR SPEAKER - The Legislative Council has appointed a Standing Orders Committee consisting of the President, the Hon P Holloway (Minister for Agriculture, Food and Fisheries), the Hon R D Lawson, the Hon R I Lucas and the Hon C Zollo, with power to act during the recess and to confer or sit as a Joint Committee with any Standing Orders Committee of the House of Assembly.

Legislative Council, 16 September  2003.                                        R R Roberts, PRESIDENT

 

Printing Committee - Notification of Appointment                                  Message No 2

MR SPEAKER – The Legislative Council has appointed a Printing Committee consisting of the Hon G E Gago, the Hon J Gazzola, the Hon J.M.A. Lensink, the Hon R K Sneath and the Hon T Stephens with power to act during the recess and to confer or sit as a Joint Committee with any Printing Committee of the House of Assembly.

Legislative Council, 16 September 2003.                                         R R Roberts, PRESIDENT

 

19      Adjournment

The Minister for Environment and Conservation moved - That the House do now adjourn.

Debate ensued.

Question put and passed.

House adjourned at 9.55 pm until tomorrow at 2.00 pm.

 

____________

 

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

            For Wednesday 17 September 2003

 

Notices of Motion – Government Business

 

The Minister for Environment and Conservation to move – That the Crown Lands (Miscellaneous) Bill be restored to the Notice Paper as a lapsed Bill pursuant to section 57 of the Constitution Act 1934.

 

The Minister for Tourism to move – That the Veterinary Practice Bill be restored to the Notice Paper as a lapsed Bill pursuant to section 57 of the Constitution Act 1934.

 

The Minister for Tourism to move – That the Statutes Amendment (Mining) Bill be restored to the Notice Paper as a lapsed Bill pursuant to section 57 of the Constitution Act 1934.

 

The Minister for Administrative Services to move – That the Freedom of Information (Miscellaneous) Amendment Bill be restored to the Notice Paper as a lapsed Bill pursuant to section 57 of the Constitution Act 1934.

 

The Minister for Gambling to move – That he have leave to introduce a Bill for an Act to amend the Authorised Betting Operations Act 2000.

 

            For Wednesday 17 September 2003

 

Notices of Motion – Private Members Business/ Bills/ Committees/ Regulations

 

Mr Hanna to move – That he have leave to introduce a Bill for an Act to amend the Listening and Surveillance Devices Act 1972.

 

            For Thursday 18 September 2003

 

Notices of Motion – Other Motions

 

Ms Breuer to move That this House congratulates and thanks Mr Philip Satchell for his 43 years of outstanding service to the South Australian public and wishes him well in his retirement from the ABC.

 

Ms Thompson to move That this House congratulates the Premier and Minister for Volunteers, the Labor Government and the Volunteer Sector for developing a partnership agreement which formally recognises the valuable contribution of volunteers and provides a vision for the future of volunteering in South Australia.

 

Ms Thompson to move That this House congratulate all those who contributed to South Australia’s first wind farm, Starfish Hill.

 

Mr Caica to move That this House congratulate all Emergency Services staff and volunteers, and Family and Youth Services staff who did so much to assist the Glenelg North residents  whose homes were flooded  in June of this year.

 

Ms Breuer to move That this House congratulates the Outback Areas Community Development Trust on its 25th Birthday and thanks them for their outstanding service to the outback communities in South Australia.

 

            For Wednesday 24 September 2003

 

Notices of Motion – Private Members Business/ Bills/ Committees/ Regulations

 

Mr Caica to move That the One Hundred and Ninety First Report of the Public Works Committee entitled National Conference of Public Works and  Environment Committees - Western Australia  29 June 3 July 2003, be noted.

 

            For Thursday 25 September 2003

 

Notices of Motion – Other Motions

 

Mr Hamilton-Smith to move – That this House –

(a)           condemns the Premier as Minister for the Arts, for his decision to cut $225,000 from the Australian Dance Theatre budget over the next two years; and

(b)           calls upon the Premier to consult, to reverse this funding decision, to develop and promulgate a 10 year strategic plan for the Theatre and to adequately fund that plan.

 

 

 

Mr Hamilton-Smith to move – That this House –

(a)           calls on the Premier as Minister for the Arts, to direct the Minister Assisting the Premier in the Arts and the Minister for Industrial Relations to take immediate action to review WorkCover legislation to ensure that it protects  musicians and live music venues from unnecessary penalties, red tape and expense associated with the engagement of musicians; and

(b)           calls upon the Government to develop new measures to promote safe and profitable employment opportunities for live musicians in these venues, and review all relevant laws and regulations to ensure that a vibrant live music scene thrives in South Australia.

 

            For Thursday 16 October 2003

 

Notices of Motion – Other Motions

 

Mr Hamilton-Smith to move – That this House calls on the Government to –

(a)           take action in securing the long term future of South Australia’s Historic Steam Trains and Tramways with the provision of affordable insurance coverage from the Motor Accident Commission, the South Australian Government Captive Insurance Corporation or similar provider;

(b)           investigate the feasibility of an annual two week Historic Steam Train and Tramway Festival managed by Australian Major Events and promoted to interstate, intrastate and overseas visitors; and

(c)           recognise that a vibrant Historic Steam Train and Tramway Industry is vital to regional tourism.

 

Mr Hamilton-Smith to move – That this House calls on the Government to –

(a)           to take action to ensure that ETSA removes all power poles for which Development Assessment Commission approval was  required but not given;.

(b)           consult with councils and communities regarding their concerns that ETSA, in conjunction with Hutchinson 3G Australia Pty Ltd, are erecting infrastructure in the metropolitan area which is in excess of current electricity distribution needs; and 

(c)           reveal how much Hutchinson 3G Australia Pty Ltd has paid ETSA to create this additional infrastructure.

 

 

 

____________

 

 

Present during the day - All Members except Hon G M Gunn.

 

 

 

 

 

                                                                                                                        Peter Lewis

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY