No 7

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

WEDNESDAY 24 SEPTEMBER 2003

 

 

1       Meeting of House

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

 

2       Petitions Nos 11 and 12

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

 

11   Hon D C Kotz, from 3984 electors of South Australia, requesting the House to urge the Government to immediately withdraw the trial of the Sexual Health and Relationship Education Program, developed by SHINE, from all 14 participating schools pending professional assessment and endorsement.

 

12   Hon D C Kotz, from 61 electors of South Australia, requesting the House to urge the Government to categorically declare that Modbury Public Hospital will not be closed, amalgamated or have any current services withdrawn, including the new maternity wing.

 

3       Papers

         The following Papers were tabled:

 

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

Interim Operation of the Rural B Zone (Concordia) – Waste Disposal Anomaly Development Plan Amendment Report

Interim Operation of the Rural City of Murray Bridge Heritage (Town Centre and Environs) Plan Amendment Report

 

By the Minister for Gambling (Hon J W Weatherill) –

            State Supply Board – Gaming Machines Act 1992 - Report 2002/2003

 

By the Minister for Local Government (Hon R J McEwen) –

    Rules –

                  Local Government – Local Government Superannuation Scheme –

                        Council Elected Member

                        Present Day Super Benefit.

 

4       Legislative Review Committee - Reports – Third and Fourth

 

Third Report

Mr Hanna brought up the 3rd Report of the Legislative Review 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 Disallowance 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 further consideration has been given to the Regulations, the Committee may decide to take no further action.

 

Regulations referred to:

               Victims of Crime Act 2001 – Fees, Applications Amended

               Liquor Licensing Act 1997 – Dry Areas Copper Coast.

 

Fourth Report

Mr Hanna brought up the 4th Report of the Committee.

Report received.

 

5       Questions

Questions without notice were asked.

 

6       Grievance debate

On motion of the Speaker, the House noted grievances.

 

7       Graffiti Control (Orders on Conviction) Amendment Bill

Hon R B Such, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Graffiti Control Act 2001 and to make related amendments to the Criminal Law Consolidation Act 1935.

Question put and passed.

         Bill presented and read a first time.

 

         The Hon R B Such moved - That this Bill be now read a second time.

         Ordered, on motion of Mrs Geraghty, that the debate be adjourned until Wednesday 15 October.

 

8       Industrial and Employee Relations (Prohibition Against Bargaining Services Fee) Amendment Bill

Hon I F Evans, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Industrial and Employee Relations Act 1994.

Question put and passed.

         Bill presented and read a first time.

 

         Hon I F Evans moved - That this Bill be now read a second time.

         Ordered, on motion of Ms Breuer, that the debate be adjourned until Wednesday 22 October.

 

9       Road Traffic (Council Speed Zones) Amendment Bill

Hon R B Such, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Road Traffic Act 1961.

Question put and passed.

         Bill presented and read a first time.

 

         Hon R B Such moved - That this Bill be now read a second time.

         Ordered, on motion of Hon I F Evans, that the debate be adjourned until Wednesday 15 October.

 

10      Dignity in Dying Bill

Hon R B Such, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to provide for the administration of medical procedures to assist the death of patients who are hopelessly ill, and who have expressed a desire for the procedures subject to appropriate safeguards.

Question put and passed.

         Bill presented and read a first time.

 

         Hon R B Such moved - That this Bill be now read a second time.

         Ordered, on motion of Mrs Geraghty, that the debate be adjourned until Wednesday 15 October.

 

 

 

11      Adelaide Rail Bypass Feasibility – Reference to Economic and Finance Committee - Motion re

Mr Venning, pursuant to notice, moved - That this House calls on the Economic and Finance Committee to examine and make recommendations on the feasibility of the proposal of Maunsell Australia Pty Ltd’s to construct a rail bypass east of Adelaide.

         Ordered, on motion of Mrs Geraghty, that the debate be adjourned until Wednesday 15 October.

 

12      Parliamentary Committees (Functions of Economic and Finance Committee) Amendment Bill

Hon I F Evans, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Parliamentary Committees Act 1991.

Question put and passed.

         Bill presented and read a first time.

 

         Hon I F Evans moved - That this Bill be now read a second time.

         Ordered, on motion of Mrs Geraghty, that the debate be adjourned until Wednesday 22 October.

 

13      Economic and Finance Committee – Annual Report 2002-03 - Motion to note

Ms Thompson, pursuant to notice, moved - That the Forty-Fourth Report of the Economic and Finance Committee entitled the Annual Report 2002-03 be noted.

Question put and passed.

 

14      Economic and Finance Committee - Report – Holdfast Shores Development - Motion to note

Ms Thompson, pursuant to notice, moved - That the Forty-Fifth Report of the Economic and Finance Committee on Holdfast Shores Development be noted.

Ordered, on the motion of Mr Meier, that the debate be adjourned until Wednesday 15 October.

 

15      Public Works Committee - Report – National Conference 2003 - Motion to note

Mr Caica, pursuant to notice, moved - 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.

Question put and passed.

 

16      Postponement of business

Ordered - That Notices of Motion: Private Members Bills/Committees/Regulations Nos 10 to 14 to be postponed until Wednesday 15 October.

 

17      Listening and Surveillance Devices (Private Activities) Amendment Bill

Mr Hanna, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Listening and Surveillance Devices Act 1972.

Question put and passed.

         Bill presented and read a first time.

 

         Mr Hanna moved - That this Bill be now read a second time.

         Ordered, on motion of Mr Meier, that the debate be adjourned until Wednesday 22 October.

 

18      Statutes Amendment (Renaissance Tower – Gaming and Liquor Licences) Bill

Mr Brindal, pursuant to notice, moved - That the Statutes Amendment (Renaissance Tower - Gaming And Liquor Licences) Bill be restored to the Notice Paper as a lapsed Bill, pursuant to Section 57 of the Constitution Act 1934.

Question put and passed.

 

         Mr Brindal moved - That this Bill be now read a second time.

 

         Acting Speaker's Ruling – Adjourned Second Reading Debate

The Acting Speaker ruled that, pursuant to Standing Orders, the debate must be adjourned to a future day.

 

         Suspension of Standing Orders

Mr Hanna, without notice, moved - That Standing Orders be so far suspended as to enable the Bill to pass through all stages without delay.

Question put and there being a negative voice.

         House divided (No 1):

 

           Ayes, 20

 

           Noes, 20

Mr Brindal

Hon M J Atkinson

Mr Brokenshire

Ms Bedford

Hon D C Brown

Ms Breuer

Hon M R Buckby

Mr Caica

Ms Chapman

Ms Ciccarello

Hon I F Evans

Hon P F Conlon

Mr Goldsworthy

Hon K O Foley

Hon G M Gunn

Mrs Geraghty

Mrs Hall

Mr Koutsantonis

Mr Hamilton-Smith

Hon J D Lomax-Smith

Hon R G Kerin

Mr R J McEwen

Hon D C Kotz

Mr O'Brien

Hon W A Matthew

Ms Rankine

Mr Meier

Hon M D Rann

Mrs Penfold

Mr Rau

Mrs Redmond

Mr Snelling

Mr Scalzi

Hon L Stevens

Mr Venning

Hon P L White

Mr Williams

Hon M J Wright

Mr Hanna (Teller)

Hon J W Weatherill (Teller)

 

Lack of absolute majority.

The Deputy Speaker ruled that the motion lapsed due to the want of an absolute majority.

         Ordered, on motion of Mr Hanna, that the debate be adjourned until Wednesday 15 October.

 

19      Suspension and resumption of sitting

         At 5.54 pm the sitting of the House was suspended.

         At 7.30 pm the Speaker resumed the Chair.

 

20      Message from the Legislative Council

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

 

         Administration and Probate (Administration Guarantees) Amendment Bill

                                                                                                                        Message No 7

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Administration and Probate Act 1919, to which it desires the concurrence of the House of Assembly.

         Legislative Council, 23 September 2003.                                         R R Roberts, PRESIDENT

 

         Bill read a first time.

 

         The Attorney-General (Hon M J Atkinson) moved - That this Bill be now read a second time.

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

 

21      Statutes Amendment (Intervention Programs and Sentencing Procedures) Bill

The Attorney-General, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Bail Act 1985, the Criminal Law (Sentencing) Act 1988, the District Court Act 1991, the Magistrates Court Act 1991 and the Supreme Court Act 1935.

Question put and passed.

         Bill presented and read a first time.

 

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

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

 

22      Summary Offences (Vehicle Immobilisation Devices) 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 Attorney-General moved - That this Bill be now read a second time.

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

 

23      Postponement of business

Ordered - That Notice of Motion: Government Business No 3 to be postponed until Monday 13 October.

 

24      Postponement of business

Ordered - That Order of the Day: Government Business No 1 be postponed and taken into consideration after Order of the Day: Government Business No 2.

 

25      Firearms (COAG Agreement) 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.

 

In Committee

Clauses Nos 1 to 8 agreed to.

Clause No 9 amended and agreed to.

Clause No 10 agreed to.

Clause No 11 amended and agreed to.

Clauses Nos 12 to 25 agreed to.

The Deputy Premier (Hon K O Foley), moved to insert new clause No 26.

 

Mr Brokenshire moved to amend the proposed new clause by deleting the words "as a result of a regulation" and inserting “on the commencement of this clause”.

Question – That the amendment to the proposed new clause be agreed to – put and passed.

Question – That the new clause No 26 as amended be inserted – put and passed.

 

Title agreed to.

 

____________

 

         The House having resumed:

Mr Caica reported that the Committee had considered the Bill referred to it and had agreed to the same with amendments.

 

Bill read a third time and passed.

 

26      Summary Offences (Offensive Weapons) 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.

Clause No 3 agreed to.

Clause No 4 read.

 

Mr Brokenshire moved on page 2, line 12 to page 3, line 14, to delete subclauses (1) and (2) and insert:

     (1)     Section 15(1), penalty—delete "$2 500 or imprisonment for 6 months" and substitute:

$10 000 or imprisonment for 2 years

     (1)     Section 15(1b), penalty—delete "$7 500 or imprisonment for 18 months" and substitute:

$10 000 or imprisonment for 2 years

Question – That the amendment be agreed to – put.

         Committee divided (No 2):

 

           Ayes, 15

 

           Noes, 19

Hon D C Brown

Ms Bedford

Hon M R Buckby

Ms Breuer

Ms Chapman

Mr Caica

Hon I F Evans

Ms Ciccarello

Mr Goldsworthy

Mrs Geraghty

Hon G M Gunn

Mr Koutsantonis

Mrs Hall

Hon I P Lewis

Hon D C Kotz

Hon J D Lomax-Smith

Hon W A Matthew

Mr R J McEwen

Mr Meier

Mr O'Brien

Mrs Penfold

Ms Rankine

Mrs Redmond

Mr Rau

Mr Venning

Mr Snelling

Mr Williams

Hon L Stevens

Mr Brokenshire (Teller)

Ms Thompson

 

Hon J W Weatherill

 

Hon P L White

 

Hon M J Wright

 

Hon M J Atkinson (Teller)

 

         So it passed in the negative.

 

Clause agreed to.

Title agreed to.

 

____________

 

         The House having resumed:

Hon R B Such 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.

 

27      Adjournment

The Attorney-General moved - That the House do now adjourn.

Debate ensued.

Question put and passed.

House adjourned at 9.22 pm until tomorrow at 10.30 am.

 

____________

 

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

            For Wednesday 15 October 2003

 

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

 

Mr Hanna to move – That the Regulations made under the Victims of Crime Act 2001 entitled Fees, Applications Amended, made on 24 July 2003 and laid on the Table of this House on 16 September 2003, be disallowed.

 

Mr Hanna to move – That the Regulations made under the Liquor Licensing Act 2001 entitled Long Term Dry Areas – Copper Coast, made on 14 August 2003 and laid on the Table of this House on 16 September 2003, be disallowed.

 

 

 

 

 

 

            For Thursday 16 October 2003

 

Notice of Motion – Other Motions

 

Ms Chapman to move – That this House urges the Government to immediately withdraw the trial Sexual Health And Relationship Education program developed by SHINE, from all 15 participating schools pending professional assessment and endorsement.

 

____________

 

 

Present during the day - All Members except the Minister for Environment and Conservation (Hon J D Hill) and the Minister for Social Justice (Hon S W Key).

 

         The following Pair was handed in at the Table during the days proceedings:

 

         Division No 2 -

Ayes - Mr Brindal, Hon R G Kerin, Dr McFetridge, Mr Scalzi, Mrs Maywald, , Mr Hamilton-Smith.

Noes – Premier (Hon M D Rann), Minister for Infrastructure (Hon P F Conlon), Minister for Environment and Conservation (Hon J D Hill), Minister for Social Justice (Hon S W Key), Deputy Premier (Hon K O Foley), Mr Hanna.

 

 

 

 

 

 

                                                                                                                        Peter Lewis

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY