No 9

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

TUESDAY 7 NOVEMBER 2000

 

1       Meeting of House

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

 

2       Messages from the Governor

      The following Messages from the Governor were received and read:

 

      Authorised Betting Operations Bill - Recommending           Message No 4

The Governor recommends to the House of Assembly the appropriation of such amounts of money as may be required for the purposes mentioned in the Authorised Betting Operations Bill 2000.

Government House, 7 November 2000                                         E J Neal, GOVERNOR

 

      TAB (Disposal) Bill - Recommending                                    Message No 5

The Governor recommends to the House of Assembly the appropriation of such amounts of money as may be required for the purposes mentioned in the TAB (Disposal) Bill 2000.

Government House, 7 November 2000                                         E J Neal, GOVERNOR

 

3       Petitions Nos 21 to 23

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

 

21   The Minister for Environment and Heritage (Hon I F Evans), from 324 residents of South Australia, requesting that the House urge the Government to install traffic lights at the intersection of Main Road and Laffers Road, Belair.

 

22   The Minister for Tourism (Hon J L Hall), from 240 residents of South Australia, requesting that the House ensure government funding of public libraries is maintained.

 

23   Ms Key, from 340 residents of South Australia, requesting that the House ensure that storm water from the Barcoo Outlet is treated to stop polluted water entering Gulf St Vincent.

 

4       Answers to questions

An answer to a question on notice and a question without notice were tabled by the Speaker.

 


5       Papers

         The following Papers were tabled:

 

By the Premier (Hon J W Olsen) –

      Adelaide Capital City Committee – Report, 1999-2000

      Office for the Commissioner for Public Employment – Report, 1999-2000

      Operations of the Auditor-General’s Department – Report, 1999-2000

      South Australian Multicultural and Ethnic Affairs Commission – Report, 1999-2000

 

By the Minister for Primary Industries and Resources (Hon R G Kerin) –

      Dairy Authority of South Australia – Report, 1999-2000  

 

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

      Adelaide Festival Centre – Report, 1999-2000

      Adelaide Festival Corporation – Report, 1999-2000

      Art Gallery Board – Report, 1999-2000

      Australian Dance Theatre – Report, 1999

      Carrick Hill Trust – Report, 1999-2000

      Chiropractors Board of South Australia – Report, 1999-2000

      Community Information Strategies Australia – Report, 1999-2000

      Country Arts SA – Report, 1999-2000

      Disability Information and Resource Centre Inc. – Report, 1999-2000

      Guardianship Board of South Australia – Report, 1999-2000

      History Trust of South Australia – Report, 1999-2000

      Jam Factory Contemporary Craft and Design Inc. – Report, 1999-2000

      Nurses Board of South Australia – Report, 1999-2000

      Occupational Therapists Registration Board of South Australia – Report, 1999-2000

      Office of the Public Advocate – Report, 1999-2000

      Operation of the Motor Vehicles Act 1959 – Review, October 2000

      South Australian Aboriginal Housing Authority – Report, 1999-2000

      South Australian Community Housing Authority – Report, 1999-2000

      South Australian Film Corporation – Report, 1999-2000

      South Australian Museum Board – Report, 1999-2000

      State Opera of South Australia – Report, 1999-2000

      State Theatre Company of South Australia – Report, 1999-2000 

      Supported Residential Facilities Advisory Committee – Report, 1999-2000

 

      Regulations under the following Acts –

            Development – Fire Authorities

            Optometrists – Fees

 

      City of Salisbury By-Law – No 10 - Dogs

      District Council of Yankalilla By-Law – No 19 – Protection of Dunes

 

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

      Industrial and Commercial Premises Corporation – Report, 1999-2000

      Land Management Corporation – Report, 1999-2000

      Lotteries Commission of South Australia – Report, 1999-2000

      Ports Corp South Australia – Report, 1999-2000

 

      Regulations under the following Acts –

            Construction Industry Long Service Leave - Services

            State Records – Exclusion from Application

            Workers Rehabilitation and Compensation – Crown Agency

 

      Public Corporations Act – Ministerial Direction – South Australian Water

            Corporation – Extinguishment of Easement

 


By the Minister for Education and Children’s Services (Hon M R Buckby) –

      Flinders Osborne Trading Pty Ltd Obligations Under the Gas Sale Agreement –

            Report, 2000

      Flinders Osborne Trading Pty Ltd Obligations Under the Power Purchase Agreement –

            Report, 2000

      Flinders Power Pty Ltd Obligations Under the Gas Sale Agreement – Report, 2000

      Flinders Power Pty Ltd Obligations Under the Power Purchase Agreement –

            Report, 2000

 

      Electricity Act – Regulations – Industry Regulators Powers - Variation

 

By the Minister for Environment and Heritage (Hon I F Evans) –

      Attorney-General’s Department – Report, 1999-2000

      Martindale Hall Conservation Trust – Report, 1999-2000

      Ministerial Statement – Land Agents – National Competition Policy Review

      Public Trustee – Report, 1999-2000

 

      Regulations under the following Acts –

            Firearms – International Shooters Checks

            Liquor Licensing – Dry Areas – Mount Gambier

 

      Supreme Court Rules – Supreme Court Act – Service of Documents

 

By the Minister for Water Resources (Hon M K Brindal) –

      Arid Areas Catchment Water Management Board – Report, 1999-2000

      Arid Areas Water Resources Planning Committee – Report, 1999-2000

      Clare Valley Water Resources Planning Committee – Report, 1999-2000

      Eyre Region Water Resources Planning Committee – Report, 1999-2000

      Mallee Water Resources Planning Committee – Report, 1999-2000

      South East Catchment Water Management Board – Report, 1999-2000

      State Water Plan 1995, South Australia – Our Water, Our Future, September 2000

      Water Well Drilling Committee – Report, 1999-2000

 

      Water Resources – Regulations – Holding Allocation Exemption

 

By the Minister for Police, Correctional Services and Emergency Services (Hon R L Brokenshire) –

      SA Ambulance Service – Report, 1999-2000

 

By the Minister for Local Government (Hon D C Kotz) –

      Local Government Act 1999 – Superannuation Scheme Rules –

            Un-paid Contributions.

 

6       Environment, Resources and Development Committee – Annual Report

Mr Venning brought up the Fortieth Report of the Committee being the Annual Report 1999-2000.

Report received.

Ordered to be published (Paper No 193).

 

7       Questions

Questions without notice were asked.

 

8       Grievance debate

      The Speaker proposed - That the House note grievances.

      Debate ensued.

      Question put and passed.

 


9       South Australian Ports (Disposal of Maritime Assets) Bill

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

 

In Committee

                                                               Clause No 2 agreed to.

                                                               Clause No 3 amended and agreed to.

                                                               Clauses Nos 4 to 7 agreed to.

                                                               Clauses Nos 8 and 9 amended and agreed to.

                                                               Clauses Nos 10 and 11 agreed to.

 

The Minister for Government Enterprises (Hon M H Armitage) moved to insert a new clause as follows:

 

            Application of proceeds of sale/lease agreement

      11A. (1) The proceeds of a sale/lease agreement must be applied for one or more of the following purposes:

            (a)  defraying the cost of restructuring and disposal of maritime assets and the necessary preparatory work;

            (b)  work to deepen, extend or clear a harbor or port or other work to develop or improve such a harbor or port;

            (c)  improving services and facilities related to a port or infrastructure associated with a port;

            (d)  retiring State debt.

            (2) If the proceeds are not applied immediately to a purpose mentioned above, they must be kept in a separate account at the Treasury, and any income from investment of the money standing to the credit of the account must be applied towards retiring State debt.

            (3) An amount paid by way of security will not be regarded as proceeds of a sale/lease agreement for the purposes of this section.

 

Ms Hurley moved to amend the proposed new clause by inserting in paragraph (b), after “port” first occurring, the words “of which the Minister has the control and management” and by leaving out paragraph (c).

Question – That the amendments to the proposed new clause be agreed to – put.

      Committee divided (No 1):

 


                                Ayes, 19

 

Mr Atkinson

Ms Bedford

Ms Breuer

Ms Ciccarello

Mr Clarke

Mr Conlon

Mr De Laine

Mr Foley

Mrs Geraghty

Mr Hanna

Mr Hill

Ms Key

Mr Koutsantonis

Ms Rankine

Hon M D Rann

Mr Snelling

Ms Thompson

Ms White

Ms Hurley (Teller)


Noes, 24

 

Hon M K Brindal

Hon R L 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 R G Kerin

Hon D C Kotz

Mr Lewis

Hon W A Matthew

Ms Maywald

Mr McEwen

Mr Meier

Hon J W Olsen

Hon J K G Oswald

Mrs Penfold

Mr Scalzi

Hon R B Such

Mr Venning

Mr Williams

Hon M H Armitage (Teller)


 

         So it passed in the negative.

 

Question – That the new Clause 11A be inserted – put and passed.

 

                                                               Clause No 12 amended and agreed to.

                                                               Clauses Nos 13 to 15 agreed to.

                                                               Clause No 16 read.

 

Mr Conlon moved on page 12, after line 10 to insert a new subclause as follows:

      (2a) A recreational access agreement is to be entered into with a view to preserving or enhancing access by the public to land and facilities.

Question – That the amendment be agreed to – put.

      Committee divided (No 2):

 


                                Ayes, 21

 

Mr Atkinson

Ms Bedford

Ms Breuer

Ms Ciccarello

Mr Clarke

Mr De Laine

Mr Foley

Mrs Geraghty

Mr Hanna

Mr Hill

Ms Hurley

Ms Key

Mr Koutsantonis

Mr Lewis

Ms Rankine

Hon M D Rann

Mr Snelling

Ms Stevens

Ms Thompson

Mr Wright

Mr Conlon (Teller)


Noes, 23

 

Hon M K Brindal

Hon R L 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 R G Kerin

Hon D C Kotz

Hon W A Matthew

Ms Maywald

Mr McEwen

Mr Meier

Hon J W Olsen

Hon J K G Oswald

Mrs Penfold

Mr Scalzi

Hon R B Such

Mr Venning

Mr Williams

Hon M H Armitage (Teller)


 

         So it passed in the negative.

 

 

                                                               Clause otherwise amended and agreed to.

                                                               Clause No 17 amended and agreed to.

 

 

To report progress and ask leave to sit again.

 

____________

 

The House having resumed:

Hon G A Ingerson 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.

 

10      Extension of time for adjournment

The Minister for Government Enterprises moved - That the time for moving the adjournment of the House be extended beyond 10.00 pm.

Question put and passed.

 


11      Message from the Legislative Council

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

 

         Road Traffic (Alcohol Interlock Scheme) Amendment Bill          Message No 10

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Road Traffic Act 1961, and to make related amendments to the Motor Vehicles Act 1959, to which it desires the concurrence of the House of Assembly.

         Legislative Council, 7 November 2000                                         J C Irwin, PRESIDENT

 

         Bill read a first time.

 

         Ordered - That the second reading be an Order of the Day for tomorrow.

 

12      South Australian Ports (Disposal of Maritime Assets) Bill

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

 

In Committee

                                                Clause No 18 agreed to.

                                                New Clauses Nos 18A to 18F inserted.

                                                Clauses Nos 19 to 31 agreed to.

                                                Schedule No 1 read.


 

The Minister for Government Enterprises moved to leave out all plans in Schedule 1 and insert new plans as follows:

 


 

 


 




 

 

 


Mr Meier moved to amend the amendment by leaving out the plan titled “Wallaroo” and inserting a new plan as follows:


 

Question – That the amendment to the amendment be agreed to – put and negatived.

 

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

 

 

                                                Schedule No 2 as amended agreed to.

                                                Schedule No 3 read.

 

      To report progress and ask leave to sit again.

 

____________

 

The House having resumed:

Hon G A Ingerson reported that the Committee had further 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 tomorrow.

 

13      Adjournment

         House adjourned at 11.08 pm until tomorrow at 2.00 pm.

 

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MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

         For Wednesday 8 November 2000

 

Notice of Motion: Government Business

 

The Minister for Education and Children’s Services to move – That he have leave to introduce a Bill for an Act to amend the Stamp Duties Act 1923.

 

Notice of Motion: Committee Reports

 

Mr Venning to move – That the Fortieth Report of the of the Environment, Resources and Development Committee being the Annual Report, 1999-2000 be noted.

 

         For Thursday 9 November 2000

 

Notices of Motion: Other Motions

 

Hon R B Such to move – That the House of Assembly sit not less than 69 days per calendar year with a minimum of three sitting days in each calendar month with the exception of January and July and that, as the House is of this opinion, resolves that the Speaker may not accept any motion to vary the next day of sitting unless the motion accords with that principle.

 

Ms Rankine to move – That this House congratulates the Tea Tree Gully Rotary Club and other clubs of Rotary District 9500 on the establishment of the first South Australian Network of Hope for the Children and commends their dedication and commitment to –

      (a)  providing support for new mothers who are socially isolated or suffering stress; and

      (b)  reducing the incidence of child abuse within our community.

 

Hon R B Such to move – That this House requests the Department of Education, Training and Employment, the Catholic Schools Commission and all independent schools to ensure that all schools commemorate Anzac Day with a range of educational activities prior to Anzac Day, given that Anzac Day falls within the school holidays.


 

      For Thursday 16 November 2000

 

Notice of Motion: Private Members Bills/ Committees/ Regulations

 

Mr Lewis to move – That he have leave to introduce a Bill for an Act to amend the Parliamentary Superannuation Act 1974.

 

 

CONTINGENT NOTICE OF MOTION

 

Contingently on the Education (Councils and Charges) Amendment Bill being read a second time, Ms White to move – That the Bill be referred to a Select Committee.

 

 

____________

 

 

         Present during the day - All Members except Hon D C Wotton.

 

 

 

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

 

         Division No 1 -

               Ayes - Mr Wright

               Noes - Hon D C Wotton.

 

         Division No 2 -

               Ayes -Ms White.

               Noes - Hon D C Wotton.

 

 

 

 

                                                                                                            J K G Oswald

                                                                                                            SPEAKER

 

G D Mitchell

CLERK OF THE HOUSE OF ASSEMBLY