No 5

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

WEDNESDAY 10 DECEMBER1997

 

 

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 No 18 to 22

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

 

18    Mr De Laine, from 180 residents of South Australia, requesting that the House urge the Government to reconsider the proposed closure of Henley Beach Police Station.

 

19    Mr Evans, from 97 residents of South Australia, requesting that the House urge the Government restore public access to the Heysen Trail from Newland Head Conservation Park to Newland Hill.

 

20    Mr Evans, from 35 residents of South Australia, requesting that the House urge the Government to pass legislation for the regulation of activities in brothels.

 

21    Mrs Hall, from 4,421 residents of South Australia, requesting that the House urge the Government to reconsider the recommendations of National Association for Prevention of Child Abuse and Neglect Report and to establish a new mechanism to investigate child sexual abuse cases.

 

22    Mr Koutsantonis, from 704 residents of South Australia, requesting that the House urge the Government to support the establishment of a TAB agency at the Squatters Arms Hotel.

 

3        Papers

The Speaker laid on the Table the following paper:

     Auditor-General - Summary of Confidential Government Contracts under Section 41(a) of the Public Finance and Audit Act 1987 - The South Australian Water Corporation - Report.

Ordered to be printed (Paper No 4C).

 

 4       Papers

The following Papers were tabled:

 

          By the Minister for Industry, Trade and Tourism (Hon G A Ingerson) -

              Adelaide Convention Centre - Report, 1996-97

 

          By the Minister for Local Government, Recreation and Sport (Hon G A Ingerson) -

              South Australian Harness Racing Authority - Report, 1996-97

 

          By the Minister for Human Services (Hon D C Brown) -

              Dental Board of South Australia - Report, 1996-97

              Hills Transit - Report, 1996-97

              HomeStart Finance - Report, 1996-97

              Living Health - Report, 1996-97

              Ministerial Statement - Transport Patronage Increase

              Medical Board of South Australia - Report, 1996-97

              Passenger Transport Board - Report, 1996-97

              TransAdelaide - Report, 1996-97

 

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

Attorney-General’s Department - Report, 1996-97

Correctional Services Advisory Council of South Australia - Report, 1996-97

Correctional Services, Department for - Report, 1996-97

Ministerial Statements –

          Correctional Services Advisory Council

          Model Criminal Code Discussion Paper on Sexual Offences

Police, South Australia - Report, 1996-97

Totalizator Agency Board - Report, 1996-97

 

          By the Minister for Primary Industries, Natural Resources and Regional Development (Hon R G Kerin) -

              Australian Barley Board - Report, 1997

              Dairy Authority of South Australia - Report, 1996-97

              Dog Fence Board - Report, 1996-97

              Energy Policy, Office of -

                 Report, 1996-97

                 Technical Regulator - Report, 1996-97

              Phylloxera and Grape Industry Board - Report, 1996-97

              Primary Industries South Australia - Report, 1996-97

              Soil Conservation Board’s - Report, 1996-97

              Soil Conservation Council of South Australia - Report, 1996-97

              South Australian Research and Development Institute - Report, 1996-97.

 

5       Legislative Review Committee - Reports – First and Second

Mr Condous  brought up the First Report of the Committee.

         Report received and read as follows:

 

The regulations listed hereunder are at present being considered by the Legislative Review Committee. Evidence is being taken on these matters and it is necessary for Notices of Motion for Disallowances to be given in both Houses before the expiration of 14 sitting days to allow the Committee time to complete its deliberations.

Honourable Members are warned that after consideration has been given to the regulations, the Committee may decide to take no further action.

Regulations referred to -

Water Resources Act 1997 - Regulations -

       No 2     Principal

       No 3     Penrice Exemption

       No 4     Roxby Downs Exemption

       No 5 Development Act 1993 - Regulations - Referrals and Concurrences

       No 6     Public and Environmental Health Act 1987 - Regulations - Disposal or Re-use of water

       No 7 Waterworks Act 1932 - Regulations - Revocation of Schedule 2.

 

Mr Condous  brought up the Second Report of the Committee.

         Report received.

 

6       Questions

         Questions without notice were asked.

 

 

 

7       Grievance debate

         The Speaker proposed - That the House note grievances.

         Debate ensued.

         Question put and passed.

 

         8    Message from the Legislative Council

The following Message from the Legislative Council was received and read:

 

Education (Government School Closures) Amendment Bill                               Message No 17

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Education Act 1972, to which it desires the concurrence of the House of Assembly.

Legislative Council, 9 December 1997                                                        J C Irwin PRESIDENT

Bill read a first time.

         

Suspension of Standing Orders

Ms White, without notice, moved - That Standing Orders be so far suspended as to enable the second reading of this Bill to be moved forthwith and the remaining stages to be dealt with tomorrow at the conclusion of Government Business.

Question put.

 

House divided (No 1):

 


      Ayes, 20

 

Mr Atkinson

Ms Bedford

Ms Breuer

Ms Ciccarello

Mr Clarke

Mr Conlon

Mr De Laine

Mr Foley

Mrs Geraghty

Mr Hill

Ms Hurley

Ms Key

Mr Koutsantonis

Ms Rankine

Hon M D Rann

Mr Snelling

Ms Stevens

Ms Thompson

Mr Wright

Ms White (Teller)


       Noes, 23

 

Hon M H Armitage

Mr Brindal

Mr Brokenshire

Hon D C Brown

Mr Condous

Mr Evans

Hon G M Gunn

Mrs Hall

Mr Hamilton-Smith

Hon R G Kerin

Mr Lewis

Hon W A Matthew

Ms Maywald

Mr McEwen

Mr Meier

Mr Oswald

Mrs Penfold

Mr Scalzi

Hon R B Such

Mr Venning

Mr Williams

Hon D C Wotton

Hon G A Ingerson(Teller)


        

         So it passed in the negative.

 

Ordered, on motion of Ms White, that the second reading be an Order of the Day for tomorrow.

 

9       Children’s Services (Child Care) Amendment Bill

The Deputy Premier (Hon G A Ingerson), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Children’s Services Act 1985.

Question put and passed.

 

Bill presented and read a first time.

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

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


10      Gaming Machines (Gaming Venues in Shopping Centres) Amendment Bill

Order of the Day read for the further consideration in Committee of this Bill.

 

In Committee

Clause No 2 further considered and agreed to.

 

Mr Hanna, moved on page 1, after clause 2, to insert the new clause as follows: 

Insertion of s.14A

2A.  The following section is inserted in Division 2 of Part 3 of the principal Act before section 15:

Moratorium on gaming machines

14A. (1)   Despite any other provision of this Act, the Commissioner cannot after the commencement of this section grant an application for-

(a)  a gaming machine licence; or

(b) approval to increase the number of gaming machines operated under a gaming machine licence,

whether the application was made before or after the commencement of this section.

 (2)  Any grant by the Commissioner of an application to which subsection (1) applies will be taken to be void and of no effect.

 (3)  This section expires 3 months after the Social Development Committee presents to the Parliament its final report on the inquiry conducted by the Committee into the impact of gambling.

 

To report progress and ask leave to sit again.

____________

 

The House having resumed:

Hon D C Wotton 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.

 

11      Postponement of business

Ordered - That Orders of the Day: Government Business Nos 2 to 4 be postponed and taken into consideration after Order of the Day: Government Business No 5.

 

12      Address in Reply

Order of the Day read for the adjourned debate on the question - That the Address be adopted.

         Debate resumed.

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

 

13      Gaming Machines (Gaming Venues in Shopping Centres) Amendment Bill

         Ordered - That further consideration in Committee of this Bill be now resumed.

 

In Committee

New Clause No 2A further considered. 

         Question - That the amendment be agreed to - put.

 

         Committee divided (No 2):

 


   Ayes, 12

 

Mr Atkinson

Ms Bedford

Hon D C Brown

Hon D C Kotz

Mr Koutsantonis

Mr Lewis

Hon W A Matthew

Mr Meier

Hon J W Olsen

 

   Noes, 31

 

Hon M H Armitage

Ms Breuer

Mr Brindal

Mr Brokenshire

Ms Ciccarello

Mr Clarke

Mr Conlon

Mr De Laine

Mr Evans

 

Mr Scalzi

Mr Venning

Mr Hanna (Teller)

 

 

 

 

 

 

 


Mr Foley

Mrs Geraghty

Hon G M Gunn

Mrs Hall

Mr Hamilton-Smith

Mr Hill

Ms Hurley

Hon R G Kerin

Ms Key

Ms Maywald

Mr McEwen

Mr Oswald

Mrs Penfold

Ms Rankine

Hon M D Rann

Ms Stevens

Hon R B Such

Ms Thompson

Ms White

Mr Williams

Mr Wright

Hon G A Ingerson (Teller)


 

 

         So it passed in the negative.

 

Clause No 3 agreed to.

 

Mr Hanna, moved on page 2, after clause 3, to insert a new clause as follows: 

Amendment of sched. 1

3A.  Schedule 1 of the principal Act is amended by inserting after paragraph (g) the following paragraphs:

(ga)  that the licensee will not cause, suffer or permit alcoholic drinks to be supplied or consumed in, or taken into, any gaming area on the licensed premises; and

(gb) that the licensee will cause all the gaming machines on the licensed premises to be shut down for a period of 5 minutes in each hour that gaming operations are conducted on the licensed premises; and.

 

         Question put and negatived.

 

Clause No 4 agreed to.

Title agreed to.

____________

 

The House having resumed:

Hon D C Wotton 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.

 

14      Postponement of business

Ordered - That Orders of the Day: Government Business Nos  2 and 3 be postponed and taken into consideration after Order of the Day: Government Business No 4.

 

15      Unclaimed Superannuation Benefits 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.


In Committee

Clauses Nos 1 to 6 agreed to.

New Clause No 7 inserted.

Clauses  Nos 8 to 11 agreed to.

Title agreed to.

____________

 

The House having resumed:

Hon D C Wotton reported that the Committee had considered the Bill referred to it and had agreed to the same with an amendment.

 

Bill read a third time and passed.

 

16      Development (Building Rules) 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.

 

17      Statutes Amendment (Holdfast Shores) Bill       

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

Debate resumed.

 

18      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.

 

19      Message from the Legislative Council

         The following Message from the Legislative Council was received and read:

 

         Roxby Downs (Indenture Ratification)(Aboriginal Heritage)

         Amendment Bill                                                                                      Message No 18

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Roxby Downs (Indenture Ratification) Act 1982, to which it desires the concurrence of the House of Assembly.

Legislative Council, 10 December 1997                                                       J C Irwin PRESIDENT

 

Bill read a first time.

 

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

 

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

 

20      Statutes Amendment (Holdfast Shores) Bill                   

Debate (interrupted by the foregoing) resumed.

 

Question put and passed.

         Bill read a second time.


In Committee

Clause No 1 amended and agreed to.

New clause No 1A inserted.

Clause No 2 amended and agreed to.

 

To report progress and ask leave to sit again

____________

 

The House having resumed:

Hon D C Wotton 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.

 

21      Suspension of Standing Orders

The Deputy Premier, without notice, moved - That Standing Orders be so far suspended as to enable the House to sit beyond midnight.

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

____________

 

It being Midnight

 

THURSDAY 11 DECEMBER 1997

____________

 

22      Statutes Amendment (Holdfast Shores) Bill       

Ordered - That further consideration in Committee of this Bill be now resumed.

 

                                       Clause No 3 further considered.

         Question - That the clause stand as printed - put.

         Committee divided (No 3).

 


                       Ayes, 20

 

Mr Atkinson

Ms Bedford

Ms Breuer

Mr Clarke

Mr Conlon

Mr De Laine

Mr Foley

Mrs Geraghty

Mr Hill

Mr Koutsantonis

Ms Key

Ms Rankine

Ms Hurley

Hon M D Rann

Mr Snelling

Ms Stevens

Ms Thompson

Ms White

Mr Wright

Mr Hanna (Teller)

 

 

 

 

 

        Noes, 24

 

Hon M H Armitage

Mr Brindal

Mr Brokenshire

Hon D C Brown

Mr Condous

Mr Evans

Hon G M Gunn

Mrs Hall

Mr Hamilton-Smith

Hon R G Kerin

Hon D C Kotz

Mr Lewis

Hon W A Matthew

Ms Maywald

Mr McEwen

Mr Meier

 Mr J K G Oswald

Hon J W Olsen

Mrs Penfold

Mr Scalzi

Hon R B Such

Mr Venning

Mr Williams

Hon G A Ingerson (Teller)

 


 

 

         So it passed in the negative.

 

New Clause No 3 inserted

Title amended and agreed to.

 

The House having resumed:

Hon D C Wotton reported that the Committee had considered the Bill referred to it and had agreed to the same with amendments and had amended the title.

     

Bill read a third time and passed.

 

23      Messages from the Legislative Council

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

 

Gas Pipelines Access (South Australia) Bill                                            Message No 19

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to make provision for the regulation of the third party access to natural gas pipeline systems; to repeal the Natural Gas Pipelines Access Act 1995; to amend the Gas Act 1997 and the Petroleum Act 1940; and for other purposes, without amendment.

Legislative Council, 10 December 1997                                                       J C Irwin PRESIDENT

 

         Gas (Miscellaneous) Amendment Bill                                                     Message No 20

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Gas Act 1997, without amendment.

Legislative Council, 10 December 1997                                                       J C Irwin PRESIDENT

 

         Electricity (Miscellaneous) Amendment Bill                                            Message No 21

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Electricity Act 1996, without amendment.

Legislative Council, 10 December 1997                                                       J C Irwin PRESIDENT

 

24      Adjournment

House adjourned at 12.57 am until today at 10.30 am.

 

 

____________

 

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

     For Thursday 11 December 1997

Notices of Motion: Government Business–

 

The Minister for Administrative and Information Services to move – That he have leave to introduce a Bill for an Act to amend the Workers Rehabilitation and Compensation Act 1986; and to make consequential amendment to the WorkCover Corporation Act 1994.

 

The Minister for Aboriginal Affairs to move – That she have leave to introduce a Bill for an Act to amend the Aboriginal Lands Trust Act 1996.

 

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

 

Mr Condous to move – That the Principal Regulations under the Water Resources Act 1997, made on 26 June 1997 and laid on the table of this House on 1 July 1997, be disallowed.

 

Mr Condous to move – That Regulations under the Water Resources Act 1997 relating to the Penrice Exemption made on 26 June 1997 and laid on the table of this House on 1 July 1997, be disallowed.

 

Mr Condous to move – That Regulations under the Water Resources Act 1997 relating to the Roxby Downs Exemption made on 26 June 1997 and laid on the table of this House on 1 July 1997, be disallowed.

 

Mr Condous to move – That Regulations under the Development Act 1993 relating to Referrals and Concurrences made on 26 June 1997 and laid on the table of this House on 1 July 1997, be disallowed.

 

Mr Condous to move – That Regulations under the Public and Environmental Health Act 1987 relating to the Disposal or Re-use of Water made on 26 June 1997 and laid on the table of this House on 1 July 1997, be disallowed.

 

Mr Condous to move – That Regulations under the Waterworks Act 1932 relating to the Revocation of Schedule 2 made on 26 June 1997 and laid on the table of this House on 1 July 1997, be disallowed.

 

Mr Atkinson to move – That he have leave to introduce a Bill for an Act to amend the Criminal Law (Sentencing) Act 1988.

 

Notice of Motion: Other Motions –

 

Mr Atkinson to move – That this House advise the Electoral Districts Boundaries Commission that its policy for naming State Districts should give priority to city, town and district names ahead of the names of deceased South Australians.

 

____________

 

 

         Present during the day - All Members except Hon M R Buckby.

 

         The following Pairs were handed in at the Table during the day’s proceedings:

 

         Division No 1 -

               Ayes - Mr Hanna

               Noes - Hon M R Buckby

 

         Division No 2 -

               Ayes - Mr Snelling

               Noes  - Hon M R Buckby

 

         Division No 3 -

               Ayes - Ms Ciccarello

               Noes - Hon M R Buckby

 

 

 

 

 

 

 

                                                                                                            J K G Oswald

                                                                                                            SPEAKER

 

G D Mitchell

CLERK OF THE HOUSE OF ASSEMBLY