No 5

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

WEDNESDAY 4 NOVEMBER 1998

 

 

1       Meeting of House

         The House met pursuant to adjournment.  The Speaker (Hon J K G Oswald) took the Chair and                       read prayers.

 

2       Petitions Nos 7 and 8

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

 

7    The Minister for Primary Industries (Hon R G Kerin), from 219 residents of South Australia, requesting that the House urge the Government to close Alfred Bay and adjacent waters to the north, to professional netters, crabbers and squid fishermen.

 

8    The Leader of the Opposition (Hon M D Rann), from 66 residents of South Australia, requesting that the House urge the Government to preserve the Torrens Parade Ground in Adelaide as a museum of South Australia’s military history.

 

3       Paper

         The following Paper was tabled:

        

          By the Minister for Government Enterprises (Hon M H Armitage) -

               Listening Devices Act - Report, 1997-98.

 

4       Legislative Review Committee - Report – Second Report

Mr Condous brought up the Second Report of the Committee.

         Report received.

 

5       Questions

         Questions without notice were asked.

 

6       Privilege – Matter raised

Mr Conlon raised as a matter of privilege, the possible misleading of the House by the Premier (Hon J W Olsen) in relation to the awarding of a Government contract to Motorola Australia Pty Ltd.


 

Speaker’s ruling

The Speaker made the following statement:

Over the years these types of issues, such as the questions surrounding Motorola, have been brought before the House in the form of censure motions, no confidence motions or as matters of privilege – the latter ensuring that the consideration of all other matters before the House are suspended until the matter of privilege has been disposed of.

In being asked to allow the matter to be brought on it is not the role of the Speaker to carry out a magisterial inquiry and to collect further evidence into whether anyone has misled the House. That is the role of a Privileges Committee should it be established.

It is also not my role to decide whether the matter should be referred to a Privileges Committee – that is the sole prerogative of the Members of the House to decide.

Under Standing Order 132, which is specific to the South Australian House of Assembly, my role is only to identify if the matter raised touches on privilege under the historic definition of the word privilege, and if so, then allow the matter to be referred to the House by way of motion so that the House can decide a course of action it wished to pursue.

In adopting this course the Chair would express no view on whether a breach of privilege had taken place, but rather acknowledge that a matter has been raised under Standing Order 110 and Standing Order 132 which touch on the issue of privilege.

As the matter before the Chair this afternoon surrounding statements attributed to the Premier concerning Motorola touches on privilege I have decided that the House should have the opportunity to decide to what extent this is a matter of privilege as against politics and consequently I have decided to let the House deal with it forthwith.

I call on the Member for Elder.

 

Privileges Committee – Motion re

Mr Conlon moved – That this House establish a Privileges Committee to investigate assertions that the Premier misled this House on two occasions in regard to the Motorola contract.

      Debate ensued.

      Question put.


 

         House divided (No 1):

 


                       Ayes, 19

 

Mr Atkinson

Ms Bedford

Mr Clarke

Mr De Laine

Mr Foley

Mrs Geraghty

Mr Hanna

Mr Hill

Ms Hurley

Ms Key

Mr Koutsantonis

Ms Rankine

Hon M D Rann

Mr Snelling

Ms Stevens

Ms Thompson

Ms White

Mr Wright

Mr Conlon (Teller)


        Noes, 23

 

Hon M H Armitage

Hon M K Brindal

Mr Brokenshire

Hon D C Brown

Hon R B Buckby

Mr Condous

Hon I F Evans

Hon G M Gunn

Hon J L Hall

Mr Hamilton-Smith

Hon D C Kotz

Mr Lewis

Hon W A Matthew

Ms Maywald

Mr McEwen

Mr Meier

Hon J W Olsen

Mr Scalzi

Hon R B Such

Mr Venning

Mr Williams

Hon D C Wotton

Hon R G Kerin (Teller)


 

         So it passed in the negative.

 

7       Grievance debate

         The Speaker proposed - That the House note grievances.

         Debate ensued.

         Question put and passed.

 

8       Suspension of Standing Orders

The Deputy Premier (Hon R G Kerin), without notice, moved - That Standing Orders be so far suspended as to provide that when any division or quorum is called, the Division bell will ring for three minutes, with the Clerk determining the three minutes by using the Debate time clock.

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

 

9       Suspension of Standing Orders

The Deputy Premier, without notice, moved –

That for the remainder of the Session, Standing Orders be so far suspended in relation to Private Members’ Business as to provide that –

      (i)   after Grievance Debate on Wednesdays for one hour – motions relating to Standing Committee Reports.

      (ii)   10.30 am – 12.00 noon on Thursdays – Bills, motions with respect to Committees (except reports of Standing Committees) and motions for disallowance of regulations; and

      (iii)  12.00 noon – 1.00 pm on Thursdays – Other Motions;

      provided that –

      (a)  Notices of Motion will take priority over Orders of the Day in (ii) and unless otherwise ordered, for the first 30 minutes in (iii);

      (b)  if all business in (ii) is completed before the allotted time the House proceeds to (iii);

      (c)  if all business in (iii) is completed before 1.00 pm on Thursdays the sitting of the House is suspended until 2.00 pm;

      (d)  the following time limits will apply –

            Mover, 15 minutes;

            One Member opposing the question, as deputed by the Speaker, 15 minutes;

            Other Members, 10 minutes;

            Mover in reply, 5 minutes;

      (e)  an extension of 15 minutes may be granted, by leave, to a Member moving the second reading of a Bill;

      (f)   leave to continue remarks may not be sought by any Member, but a Member speaking when the allotted time for that category of business is completed has the right to be heard first when the debate is next called on.

      (g)  notices of questions ordinarily handed in by 9.00 am on Thursdays must be handed in to the Clerk Assistant by the adjournment of the House in the preceding day.

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

 

10      Social Development Committee – Report – Gambling - Motion to note

Hon R B Such, pursuant to notice, moved – That the Eleventh Report of the Social Development Committee on Gambling be noted.

         Debate ensued.

Ordered, on motion of Mr Lewis, that the debate be adjourned until Wednesday 18 November.

 

11      Public Works Committee – Report – Australian Aboriginal Culture Gallery - Motion to note

Mr Lewis, pursuant to notice, moved – That the Eightieth Report of the Public Works Committee on the Australian Aboriginal Culture Gallery be noted.

Ordered, on motion of Ms Thompson, that the debate be adjourned until Wednesday 25 November.

 

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

The Minister for Education, Children’s Services and Training (Hon M R Buckby), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Australian Formula One Grand Prix Act 1984.

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 Foley, that the debate be adjourned until tomorrow.

 

13      National Electricity (South Australia)(Miscellaneous) Amendment Bill

Order of the Day read for the second reading of this Bill.

The Minister for Education, Children’s Services and Training moved - That this Bill be now read a second time.

Debate ensued.

         Question put and passed

 

         Bill read a second time.


 

In Committee

                                                Clauses Nos 1 to 11 agreed to.

                                                Clause No 12 read.

         Mr Foley moved – That the Committee report progress.

 

         Division, only one No

Question put and the House proceeded to a division, but only one Member appearing on the side of the Noes, the Speaker declared the Ayes had it.

So it was resolved in the affirmative.

____________

 

         The House having resumed:

Mr Lewis reported that the Committee had considered the Bill referred to it, had made progress therein and asked leave to sit again.

Ordered - That the Committee have leave to sit again on motion.

 

14      Judges’ Pensions (Preserved Pensions) Amendment Bill

Order of the Day read for the second reading of this Bill.

The Minister for Government Enterprises (Hon M H Armitage) moved - That this Bill be now read a second time.

Debate ensued.

         Question put and passed.

 

         Bill read a second time.

 

In Committee

                                                Clauses Nos 1 to 3 agreed to.

                                                Title agreed to.

____________

 

         The House having resumed:

Mr Lewis reported that the Committee had considered the Bill referred to it and had agreed to the same without amendment.

 

Bill read a third time and passed.

 

15      Stamp Duties (Share Buy-backs) Amendment Bill

Order of the Day read for the adjourned debate on the question - That this Bill be now read a second time.

Debate resumed.

         Question put and passed.

 

         Bill read a second time.

         Proceeded, by leave, to the third reading.

 

         Bill read a third time and passed.

 

16      Statutes Amendment (Mining Administration) Bill

Order of the Day read for the adjourned debate on the question - That this Bill be now read a second time.

Debate resumed.


 

17      Extension of time for adjournment

The Deputy Premier moved - That the time for moving the adjournment of the House be extended beyond 10.00 pm.

Question put and passed.

 

18      Statutes Amendment (Mining Administration) Bill

Debate (interrupted by the foregoing motion) resumed.

         Question put and passed.

 

         Bill read a second time.

 

In Committee

                                                Clauses Nos 1 to 11 agreed to.

                                                Title agreed to.

____________

 

         The House having resumed:

Mr Lewis reported that the Committee had considered the Bill referred to it and had agreed to the same without amendment.

 

Bill read a third time and passed.

 

19      Adjournment

House adjourned at 10.16 pm until tomorrow at 10.30 am.

 

____________

 

MOTION OF WHICH NOTICE WAS GIVEN

 

For Thursday 5 November 1998

 

Notice of Motion: Private Members Bills/ Committees/ Regulations –

 

Mrs Geraghty to move – That she have leave to introduce a Bill for an Act to regulate the employment of children in door-to-door selling.

 

____________

 

Present during the day - All Members except Ms Breuer, Hon G A Ingerson and Mrs Penfold .

 

The following Pairs were handed in at the Table during the days proceedings:

 

      Division No 1 -

            Ayes - Ms Breuer and Ms Ciccarello.

            Noes - Hon G A Ingerson and Mrs Penfold.

 

 

 

                                                                                                               J K G Oswald

                                                                                                               SPEAKER

 

G D Mitchell

CLERK OF THE HOUSE OF ASSEMBLY