No 9

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

TUESDAY 12 OCTOBER 2004

 

 

1       Meeting of House

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

 

2       Petition No 17

         The Clerk announced that the following Member had lodged a Petition for presentation:

 

17   Hon M R Buckby, from 317 residents of the Barossa and Light Regions, requesting the House to urge the Government to prevent ElectraNet from installing overhead transmission lines for the Barossa Reinforcement Project until full community consultation has been achieved and funding has been secured to underground the line from the Templers to Dorrien sub-stations.

 

3       Answer to question

An answer to a question on the Notice Paper No 107 was tabled by the Speaker.

 

4       Speaker’s Statement

The Speaker informed the House that he intended instructing Counsel to provide an opinion about the application of section 59 of the Constitution in relation to the Parliamentary Remuneration (Non-monetary Benefit) Amendment Bill.

 

5       Papers

         The following Papers were tabled:

 

By the Premier (Hon M D Rann) –

      Operations of the Auditor-General’s Department – Report 2003 - 2004

      Commissioner for Public Employment – Report 2003-2004

Promotion and Grievance Appeals Tribunal – Report of the Presiding Officer – Report 2003 - 2004

 

By the Treasurer (Hon K O Foley) –

      Regulations under the following Act –

                  Public Corporations – International Film Festival

 

By the Minister for Infrastructure (Hon P F Conlon) –

      Land Management Corporation – Report 2003-2004

 

By the Minister for Energy (Hon P F Conlon) –

Code Registrar for the National Third Party Access Code For Natural Gas Pipelines Systems – Report 2003-2004

Technical Regulator – Electricity – Report 2003-2004

Technical Regulator – Gas – Report 2003-2004

 

 

By the Attorney-General (Hon M J Atkinson) –

      Regulations under the following Act –

            District Court – Fee Schedules

            Rules –

                  Pitjantjatjara Land Rights – Court of Disputed Returns – Procedure and Powers

 

By the Minister for Health (Hon L Stevens) –

      Dental Board of South Australia Committee Report – Report 2003-2004

      Food Act  – Report 2003-2004

      Nurses Board of South Australia – Report 2003-2004

      Pharmacy Board of South Australia – Report 2003-2004

      SA Ambulance Service – Report  2003-2004

 

By the Minister for Urban Development and Planning (Hon P L White) –

      Regulations under the following Act –

                  Development – Port Waterfront Committee

 

By the Minister for Environment and Conservation (Hon J D Hill) –

      Regulations under the following Act –

                  Water Resources – Tintinara Coonalpyn Prescribed Wells Area

 

By the Minister for Industrial Relations (Hon M J Wright) –

      Mining & Quarrying Occupational Health & Safety Committee – Report 2003-2004

      WorkCover Corporation – Report 2003-2004

           

      Regulations under the following Acts –

Occupational Health, Safety and Welfare – Noise Exposure

Workers Rehabilitation and Compensation – Sporting Activity

 

By the Minister for Gambling (Hon M J Wright) –

      Regulations under the following Act –

                  Lottery and Gaming – Bingo

 

By the Minister for Education and Children’s Services (Hon J D Lomax-Smith) –

      Department of Trade and Economic Development – Report 2003-2004

 

By the Minister for Families and Communities (Hon J W Weatherill) –

      Supported Residential Facilities Advisory Committee – Report 2003-2004

 

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

      Regulations under the following Act –

                  South Australian Co-operative and Community Housing – SACHA Board

 

By the Minister for Agriculture, Food and Fisheries (Hon R J McEwen) –

      Regulations under the following Act –

                  Fisheries –

                        King George Whiting –

                           Undersize Fish

                           Prescribed Quantities

                        Transfer of Licences

 

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

      Local Council By-Laws –

                  Adelaide Hills Council

No 1- Permits and Penalties

No 2 – Moveable Signs

No 3 – Roads

No 4 – Local Government Land

No 5 – Dogs

No 6 – Cats

                  District Council of Barunga West

No. 1 – Permits and Penalties

No 2 – Moveable Signs

No 3 – Roads

No 4 – Local Government Land

No 5 – Dogs.

 

6       Questions

Questions without notice were asked.

 

7        Matter of Privilege

Mr Brindal raised as a matter of privilege the alleged failure by a number of Ministers to provide the House with certain information in their possession with respect to the use of money appropriated by the Parliament in ways that were not authorised.

The Speaker advised that he would consider the matter.

 

8       Grievance debate

On motion of the Speaker, the House noted grievances.

 

9       Criminal Law Consolidation (Criminal Neglect) Amendment Bill

The Attorney-General (Hon M J Atkinson), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Criminal Law Consolidation Act 1935.

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 Hon I F Evans, that the debate be adjourned until tomorrow.

 

10      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.

 

11      Gaming Machines (Miscellaneous) 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.

         House divided (No 1):

 

           Ayes, 33

           Noes, 10

 

Hon M J Atkinson

Mr Brindal

Ms Bedford

Ms Chapman

Ms Breuer

Mr Hamilton-Smith

Mr Brokenshire

Hon R G Kerin

Hon D C Brown

Hon D C Kotz

Hon M R Buckby

Dr McFetridge

Mr Caica

Mrs Penfold

Ms Ciccarello

Mrs Redmond

Hon P F Conlon

Mr Williams

Hon I F Evans

Mrs Hall (Teller)

Hon K O Foley

 

Mrs Geraghty

 

Hon G M Gunn

 

Mr Hanna

 

Hon J D Hill

 

Mr Koutsantonis

 

Hon J D Lomax-Smith

 

Hon K A Maywald

 

Hon R J McEwen

 

Mr Meier

 

Mr O'Brien

 

Ms Rankine

 

Hon M D Rann

 

Mr Rau

 

Mr Scalzi

 

Mr Snelling

 

Hon L Stevens

 

Hon R B Such

 

Ms Thompson

 

Mr Venning

 

Hon J W Weatherill

 

Hon P L White

 

Hon M J Wright (Teller)

 

 

         So it was resolved in the affirmative.

 

         Bill read a second time.

 

Speaker’s Statement – Hybrid Bill

The Speaker made a statement in relation to the Bill in which he ruled that it was a hybrid Bill.

 

Suspension of Joint Standing Orders - Hybrid Bill

The Minister for Gambling (Hon M J Wright), without notice move - That Joint Standing Orders (Private Bills) be so far suspended as to enable the Bill to pass through its remaining stages without reference to a Select Committee.

Debate ensued.

Question put and there being a negative voice.

 

         House divided (No 2):

 

           Ayes, 26

           Noes, 17

 

Hon M J Atkinson

Mr Brindal

Ms Bedford

Mr Brokenshire

Ms Breuer

Hon D C Brown

Mr Caica

Hon M R Buckby

Ms Ciccarello

Ms Chapman

Hon P F Conlon

Hon I F Evans

Hon K O Foley

Mrs Hall

Mrs Geraghty

Mr Hamilton-Smith

Hon G M Gunn

Hon D C Kotz

Mr Hanna

Dr McFetridge

Hon J D Hill

Mr Meier

Mr Koutsantonis

Mrs Penfold

Hon J D Lomax-Smith

Mrs Redmond

Hon K A  Maywald

Mr Scalzi

Hon R J McEwen

Mr Venning

Mr O'Brien

Mr Williams

Ms Rankine

Hon R G Kerin (Teller)

Hon M D Rann

 

Mr Rau

 

Mr Snelling

 

Hon L Stevens

 

Hon R B Such

 

Ms Thompson

 

Hon J W Weatherill

 

Hon P L White

 

Hon M J Wright (Teller)

 

 

         So it was resolved in the affirmative.

 

         Suspension of Standing Orders

Hon I F Evans, without notice, moved - That Standing Orders be so far suspended as to enable him to move an instruction to the Committee without notice.

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

 

         Instruction to the Committee

Hon I F Evans then moved – That it be an instruction to the Committee of the whole House on the Gaming Machines (Miscellaneous) Amendment Bill that it have power to consider amendments relating to the amounts of money to be paid into the Funds, new beneficiaries of payments from the Funds and a requirement for the Auditor-General to report on other payments to the beneficiaries.

 

 

 

 

         Speaker’s ruling –

The Speaker ruled that the instruction moved by the Member was out of order as it contravened section 59 of the Constitution Act 1934.

 

Speaker’s ruling – disagreement to

Hon I F Evans moved – That the ruling of the Speaker be disagreed to as it was inconsistent with previous examples.

Debate ensued.

Question put and negatived.

 

The Speaker left the Chair and the House resolved itself into a Committee of the whole.

 

 

In Committee

Clause No 1 agreed to.

Clause No 2 read.

 

 

         To report progress and ask leave to sit again.

 

____________

 

         The House having resumed:

Hon R B Such 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 tomorrow.

 

12      Adjournment

House adjourned at 9.40 pm until tomorrow at 2.00 pm.

 

 

____________

 

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

            For Wednesday 13 October 2004

 

Notices of Motion: Government Business -

 

 

The Premier to move – That he have leave to introduce a Bill for an Act to amend the Public Sector Management Act 1995.

 

The Minister for Infrastructure to move – That he have leave to introduce a Bill for an Act to amend the Parliamentary Committees Act 1991 and to make related amendments to the South Australian Ports (Disposal of Maritime Assets) Act 2000.

 

The Minister for Energy to move – That he have leave to introduce a Bill for an Act to amend the Electrical Products Act 2000.

 

The Attorney-General to move – That he have leave to introduce a Bill for an Act to amend the Criminal Law Consolidation Act 1935 and to make consequential amendments to the Summary Offences Act 1953.

 

The Minister for Industrial Relations to move – That he have leave to introduce a Bill for an Act to amend the Industrial and Employee Relations Act 1994 and the Long Service Leave Act 1987.

 

            For Thursday 14 October 2004

 

Notices of Motion: Other Motions -

 

Mrs Penfold to move – That this House congratulates Port Power on their magnificent AFL Grand Final victory and in particular, the contribution that the players from Eyre Peninsula made on this historic occasion.

 

            For Thursday 28 October 2004

 

Notices of Motion: Other Motions -

 

Mrs Hall to move – That this House acknowledges the importance of Pink Ribbon Day on 25 October 2004 and recognises –

(a)           the significant improvements in early detection techniques through breast screening programs that have reduced breast cancer deaths in women; and

(b)           the improved approaches to early detection of cancer in men, younger women and indigenous women.

 

 

 

Contingent Notice of Motion

 

Contingently on the Statutes Amendment (Relationships) Bill being read a second time, Mr Scalzi to move – To leave out all words after “be” and to insert the words “withdrawn and referred to the Social Development Committee”.

 

 

 

____________

 

 

Present during the day - All Members except Hon W A Matthew.

 

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

 

         Division No 2 -

               Ayes - Minister for Employment, Training and Further Education (Hon S W Key)

               Noes -Mr Goldsworthy.

 

 

 

 

 

 

                                                                                                                        Peter Lewis

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY