No. 9

 

                     VOTES AND PROCEEDINGS

 

                            OF THE

 

                       HOUSE OF ASSEMBLY

 

 

                                                                                                                        

 

 

                                                                          WEDNESDAY 26 AUGUST 1992

 

 

 1             Meeting of House

                The House met pursuant to adjournment.  The Speaker (Hon. N.T. Peterson) took the

                    Chair and read prayers.

 

 2             Questions

                Questions without notice were asked.

 

 3             Grievance debate

                The Speaker proposed - That the House note grievances.

                Debate ensued.

                Question put and passed.

 

 4             Legislative Review Committee - Minutes of Evidence

                Mr McKee brought up the Minutes of Evidence given before the Legislative Review

                    Committee on Regulations under the District Court Act 1991, the Magistrates Court Act 1991 and the Supreme Court Act 1935 relating to Court Transcript Fees.

                Minutes received.

 

 5             Legislative Review Committee - Report

                Mr McKee brought up the Fourteenth Report, 1992 of the Legislative Review Committee.

                Report received and read as follows:

                The Rules and By-law 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

                    Rules and By-law the Committee may decide to take no further action.

                Rules referred to -

                    Magistrates Court Act 1991 - Civil Jurisdiction - General.

                By-law referred to -

                    Corporation of Brighton - No. 1 - Bathing and Controlling of Foreshore.

 

 6             Legislative Review Committee - Report

                Mr McKee brought up the Fifteenth Report, 1992 of the Legislative Review Committee.

                Report received.

 

 

 

 

 

 7             Stamp Duties (Concessions) Amendment Bill

                Mr Lewis, pursuant to notice, moved - That the Stamp Duties (Concessions) Amendment

                    Bill be restored to the Notice Paper as a lapsed Bill, pursuant to the Constitution Act 1934.

                Question put and passed.

                Ordered - That the Stamp Duties (Concessions) Amendment Bill be taken into

                    consideration forthwith.

 

                                                                                            In Committee

 

                                              Clause No. 2 further considered.

                To report progress and ask leave to sit again.

 

                                                                                                                    

 

                The House having resumed:

                Mr M.J. Evans 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 on motion.

 

 8             Criminal Law Consolidation (Intoxication) Amendment Bill

                Order of the Day read for the adjourned debate on the question - That the Criminal Law

                    Consolidation (Intoxication) Amendment Bill be now read a second time.

                Debate resumed.

                Ordered, on motion of Hon. T.H. Hemmings, that the debate be further adjourned until

                    Wednesday 9 September.

 

 9             Postponement of business

                Ordered - That Notice of Motion (Committees/Regulations) No. 1 be a Notice of Motion

                    for Wednesday 9 September.

 

10           Environment, Resources and Development Committee Report - Motion to note

                Order of the Day read for consideration of the Report of the Environment, Resources and

                    Development Committee on the Construction of Facilities on the Waite Campus.

                Hon. T.H. Hemmings moved - That the Report be noted.

                Debate ensued.

                Question put and passed.

 

11           Regional Development - Reference to Environment, Resources and Development

                    Committee

                Order of the Day read for the adjourned debate on the motion of Mrs Hutchison - That

                    this House urges the Government to broaden the scope of regional development policy to ensure more decentralised development and resolves that this matter be forwarded to the Environment, Resources and Development Committee for investigation.

                Debate resumed.

                Question put and passed.

 

12           Postponement of business

                Ordered - That Notice of Motion (Other Motions) No. 1 be postponed and taken into

                    consideration after Notice of Motion (Other Motions) No. 2.

 

 

 

 

 

 

 

13           Tariff Reductions - Motion re

                Mr Holloway, pursuant to notice, moved - That this House calls for a moratorium on tariff

                    reductions, particularly for the motor vehicle and textile, clothing and footwear industries, until the national economy has recovered and it can be demonstrated that those industries are in a position to withstand any such reductions.

                Ordered, on motion of Mr Ingerson, that the debate be adjourned until Wednesday 30

                    September.

 

14           Gaming Machines - Motion re

                Ordered - That Notice of Motion (Other Motions) No. 1 be now taken into consideration.

               

                Speaker's Ruling - Motion anticipates debate

                The Speaker made the following ruling:

                "I rule that this motion seeks to anticipate debate on the Gaming Machines Bill which is set down for debate later today.  At the same time the motion canvasses other social issues which may result from the passage of the Bill.

                Ordinarily in a case such as this I would have no alternative but to rule it out of order, but the other issues may mean that a subsequent debate could stand on its own.

                I therefore rule that the motion may not be proceeded with until the Gaming Machines Bill is disposed of but it may be set down for a future day.  I suggest the Member give consideration to amending the terminology of the motion so that the same question rule is not infringed when it is called on.

 

                Motion disagreeing to ruling

                Mr Lewis moved - That the ruling of the Speaker be disagreed with on the ground that the motion was not in conflict with the substance of any other matter on the Notice Paper.

                Debate ensued.

 

                Division, only one Aye

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

                So it passed in the negative.

 

15           Select Committees - Motion re

                Hon. T.H. Hemmings, pursuant to notice, moved - That this House, while recognising the important role Select Committees have had and will continue to have in investigating matters of relevance to the House, is of the view that the recently established Standing Committees provide a unique opportunity for investigations to be undertaken on an ongoing basis without unnecessarily placing strains on Members' time and staff and other resources; and that a Message be sent to the Legislative Council transmitting this Resolution and requesting its concurrence thereto.

                Debate ensued.

                Ordered, on motion of Mr Lewis, that the debate be adjourned until Wednesday 9                                September.

 

16           Sturt Highway - Motion re

                Order of the Day read for the adjourned debate on the motion of Hon. P.B. Arnold - That this House supports the submission of the Riverland Local Government Association, the Shire of Wentworth, the Shire of Mildura and the City of Mildura for the upgrading of the Sturt Highway and its inclusion in the National Road Network.

                Debate resumed.

 

 

 

 

 

 

                Division, only one Noe

                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.

 

17           Olympic Team - Motion re

                Order of the Day read for the adjourned debate on the motion of Mr DeLaine - That this House congratulates members of the Australian Olympic team, in particular the South Australian team members for their marvellous overall performances in the Barcelona XXVth Olympiad.

                Debate resumed.

                Question put and passed.

 

18           Commonwealth Games Bid - Motion re

                Order of the Day read for the adjourned debate on the motion of Mr DeLaine - That this     House expresses its disappointment over the failure of South Australia's bid to win the 1998 Commonwealth Games for Adelaide and recognises the magnificent efforts put in by the Games bid team and all concerned and congratulates them on a job well done.

                Debate resumed.

                Question put and passed.

 

19           Rail Funding - Motion re

                Order of the Day read for the adjourned debate on the motion of Mrs Hutchison - That       this House congratulates both State and Federal Governments on the funding initiatives to enhance rail operations in South Australia, in particular, funding for refurbishment of the Indian Pacific passenger train and upgrading of both Port Augusta and Islington Railway Workshops.

                Debate resumed.

                Ordered, on motion of Mr Holloway, that the debate be further adjourned until Wednesday                               9 September.

 

20           National Rail Corporation - Motion re

                Order of the Day read for the adjourned motion of Mr Gunn - That this House calls on the Government to resist signing away running rights to the National Rail Corporation until the future of Australian National and the rail industry in this State is guaranteed; calls on the Federal Government to re-examine the NRC concept and ensure that the NRC does not interfere in the continued operation and survival of AN and the rail industry in this State and in particular the Rail Workshops at Port Augusta and Islington and further, calls on the Federal Government to immediately commence work on the Darwin-Alice Springs Rail Link and release the $17.5 million for the refurbishment of the Indian Pacific.

                Motion resumed.

                Ordered, on motion of Mrs Hutchison, that the debate be adjourned until Thursday

                    30 September.

 

21           Postponement of business

                Ordered - That Order of the Day (Other Motions) No. 6 be an Order of the Day for                                Thursday 30 September.

 

22           Postponement of business

                Ordered - That Notice of Motion (Government Business) No. 1 be a Notice of Motion for                   tomorrow.

 

 

 

 

 

 

23           Messages from the Legislative Council

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

 

                Local Government (City of Adelaide Wards) Amendment Bill                   Message No. 5

                MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Local Government Act 1934, to which it desires the concurrence of the House of Assembly.

                Legislative Council, 25 August 1992                                                                G.L. Bruce, PRESIDENT     

 

                Bill read a first time.

                Ordered - That the second reading be taken into consideration on motion.

 

                Statutes Amendment (Commercial Licences) Bill                                                                       Message No. 6

                MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Builders Licensing Act 1986, the Commercial and Private Agents Act 1986, the Consumer Credit Act 1972, the Land Agents, Brokers and Valuers Act 1973, the Second-hand Motor Vehicles Act 1983 and the Travel Agents Act 1986, to which it desires the concurrence of the House of Assembly.

                Legislative Council, 25 August 1992                                                                G.L. Bruce, PRESIDENT     

 

                Bill read a first time.

                Ordered - That the second reading be taken into consideration on motion.

 

24           Gaming Machines Bill

                Order of the Day read for the consideration of Message No. 1 from the Legislative Council                                 relating to the Gaming Machines Bill.

 

                                                                                            In Committee

                The Minister of Finance (Hon. F.T. Blevins) moved - That Amendments Nos 25 and 26                       from the Legislative Council be agreed to.

 

                    To report progress and ask leave to sit again.

 

                                                                                                                         

 

                The House having resumed:

                Mr M.J. Evans reported that the Committee had considered the Message referred to it, had                                made progress therein and asked leave to sit again.

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

 

25           Extension of time for adjournment

                The Minister of Transport moved - That the time for moving the adjournment of the                            House be extended beyond 10.00p.m.

                Question put and passed.

 

26           Statutes Amendment (Commercial Licences) Bill

                Ordered - That the second reading of the Statutes Amendment (Commercial Licences) Bill                  be now taken into consideration.

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

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

 

27           Gaming Machines Bill

                Ordered - That the further consideration in Committee of Message No. 1 from the

                    Legislative Council relating to the Gaming Machines Bill be now resumed.

 

 

 

                                                                                            In Committee

 

                                    Amendments Nos 25 and 26 from the Legislative Council further considered.

                    Question - That Amendments Nos 25 and 26 be agreed to - put.

                    Committee divided (No. 1):

                               Ayes,  26.                         Noes, 18.

            Hon. P.B. Arnold

            Mr D.S. Baker

            Hon. J.C. Bannon

            Hon. G.J. Crafter

            Mr De Laine

            Hon. B.C. Eastick

            Mr Ferguson

            Hon. R.J. Gregory

            Mr Groom

            Mr Hamilton

            Hon. T.H. Hemmings

            Mr Heron   

            Mr Holloway

            Hon. D.J. Hopgood

            Mrs Hutchison

            Mr Ingerson

            Hon. J.H.C. Klunder

            Hon. S.M. Lenehan

            Mr McKee

            Hon. M.K. Mayes

            Hon. N.T. Peterson

            Mr Quirke

            Hon. M.D. Rann

            Mr Such

            Hon. J.P. Trainer

            Hon. F.T. Blevins  (Teller)

Hon. H. Allison

Dr Armitage

Hon. L.M.F. Arnold

Mr Becker

Mr Blacker

Hon. D.C. Brown

Hon. J.L. Cashmore

Mr S.G. Evans

Mr Gunn

Mrs Kotz

Mr Lewis

Mr Matthew

Mr Meier

Mr Olsen

Mr Oswald

Mr Venning

Hon. D.C. Wotton

Mr S.J. Baker (Teller)

                So it was resolved in the affirmative.

                                                                                                                       

 

                The House having resumed:

                Mr M.J. Evans reported that the Committee had further considered Amendments Nos 25                    and 26 referred to it and had agreed to the same without amendment.

               

28           Adjournment

                House adjourned at 10.53 p.m. until tomorrow at 10.30 a.m.

 

 

 

                                                                                                                        

 

 

 

 

 

 

 

                                                               MOTIONS OF WHICH NOTICE WAS GIVEN

 

For Wednesday 9 September 1992

                    Notices of Motion:  Committees/Regulations-

 

 

Mr McKee to move - That the Rules of Court under the Magistrates Court Act 1991 relating to Civil Jurisdiction - General, made on 6 July and laid on the Table of this House on 6 August 1992, be disallowed.

 

Mr McKee to move - That By-law No. 1 of the Corporation of Brighton relating to Regulating Bathing and Controlling the Foreshore, made on 4 June and laid on the Table of this House on 6 August 1992, be disallowed.

 

 

                                                                                                                         

 

                Present during the day - All the Members.

 

 

 

 

 

 

 

 

 

                                                                                                                                N.T. Peterson

                                                                                                                                SPEAKER

 

G.D. Mitchell

CLERK OF THE HOUSE OF ASSEMBLY