No 10

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

TUESDAY 14 OCTOBER 2003

 

 

1       Meeting of House

The House met pursuant to adjournment.

 

2       Absence of Speaker

The Clerk informed the House of the absence of the Speaker.

Hon R B Such (Chairman of Committees) took the chair as Deputy Speaker.

 

3       Prayers

The Deputy Speaker read prayers.

 

4        Message from the Governor

         The following Message from the Governor was received and read:

 

         Assent to Bills                                                                                         Message No 3

         The Governor informs the House of Assembly that, in the name and on behalf of Her Majesty the Queen, the following Acts were assented to during the third Session of the 50th Parliament, viz. –

No 37 of 2003 -     An Act to amend the Firearms Act 1977.

No 38 of 2003 -      An Act to amend the Fair Trading Act 1987 and to repeal the Starr-Bowkett Societies Act 1975.

No 39 of 2003 -      An Act to amend the Mines and Works Inspection Act 1920 and the Mining Act 1971.

Government House, 14 October 2003                                 M Jackson-Nelson, GOVERNOR

 

5       Answers to questions

Answers to questions on the Notice Paper Nos 16, 18, 20, 27, 31, 33, 45, 47, 49, 51 to 54, 62, 63, 74, 76, 95 and 128 were tabled by the Deputy Speaker.

 

6       Papers

         The Speaker laid on the Table the following report:

 

      City of Mitcham – Rate Rebate Report 2002-200 – Pursuant to Section 23(4) of the Local Government Act 1999.

 

         The following Papers were tabled:

 

By the Premier (Hon M D Rann) –

      Department of the Premier and Cabinet – Report 2002 - 2003

      Economic Development Board – Report 2002 - 2003

      Economic Development Board – Status Report on the South Australian Economy – October 2002

      Office of Economic Development – Report 2002 - 2003

      Operations of the Auditor-General’s Department – Report 2002 - 2003

      Report of the Presiding Officer of the Disciplinary Appeals Tribunal – Report 2002 - 2003

      The Commissioner for Public Employment – Report 2002 - 2003

 

By the Treasurer (Hon K O Foley) –

      Department of Treasury and Finance – Report 2002 - 2003

      Distribution Lessor Corporation – Report 2002 - 2003

      Essential Services Commission of South Australia – Report 2002 - 2003

      Generation Lessor Corporation – Report 2002 - 2003

      Lotteries Commission of South Australia – Report 2002 - 2003   

      Motor Accident Commission Charter – September 2003

      Motor Accident Commission – Report 2002 - 2003

      RESI Corporation – Report 2002 - 2003

      South Australian Asset Management Corporation – Report 2002 - 2003

      South Australian Government Captive Insurance Corporation – Report 2002 - 2003

      South Australian Government Financing Authority – Report 2002 - 2003

      South Australian Parliamentary Superannuation Scheme – Report 2002 - 2003

Superannuation Funds Management Corporation of South Australia (Funds SA) – Report 2002 - 2003

      Super SA Board – Report 2002 - 2003

      Transmission Lessor Corporation – Report 2002 - 2003

 

      Regulations under the following Acts –

                  Police Superannuation – Salary Recognition

                  Southern State Superannuation– Julia Farr Services Employees

                  Superannuation – Julia Farr Services Employees

 

By the Minister for Police (Hon K O Foley) –

      South Australian Police – Report 2002 – 2003

 

      Regulations under the following Acts –

                  Firearms – COAG Agreement

 

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

      Industrial and Commercial Premises Corporation – Report 2002 - 2003

      Land Management Corporation – Report 2002 - 2003

 

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

      Electricity Supply Industry Planning Council – Report 2002 - 2003

 

By the Minister for Emergency Services (Hon P F Conlon) –

      South Australian Ambulance Service – Report 2002 - 2003

 

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

      Director of Public Prosecutions – Report 2002 - 2003

      Legal Services Commission of South Australia – Report 2002 - 2003

      Listening and Surveillance Devices Act 1972 – Report 2002 - 2003

      Public Trustee – Report 2002 - 2003

      South Australian Classification Council – Report 2002 - 2003

      South Australian Multicultural and Ethnic Affairs Commission – Report 2002 - 2003

      State Electoral Office – Report 2002 - 2003

      Telecommunications (Interception) Act 1988 – Report 2002 - 2003

 

      Regulations under the following Acts –

                  Criminal  Law (Forensic Procedures ) – Variations

 

      Rules of Court –

                  Magistrates Court –

                  Addendum to Amendment No 20 – Errors Corrected

                  Amendment No 20 -Pleadings

 

 

By the Minister for Consumer Affairs (Hon M J Atkinson) –

      Regulations under the following Acts –

                  Conveyancers – Penalties

                  Land Agents – Penalties

                  Security and Investigation Agents – Penalties

 

By the Minister for Health (Hon L Stevens) –

      Commissioner of Charitable Funds – Report 2002 - 2003

      Dental Board of South Australia – Report 2002 - 2003

      Food Act Report – Report 2002 - 2003

 

      Regulations under the following Acts –

                  Optometrists – Fees

 

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

      Administration of the Radiation Protection and Control Act 1982 – Report 2002-2003

      Clare Valley Water Resources Planning Committee – Report 2002 – 2003

      CSIRO - Climate Changes in South Australia

      Environment Protection Authority – Report 2002-2003

      Patawalonga Catchment Water Management Board – Report 2002 - 2003

      Reserve Planning and Management Advisory Committee – Report 2002 - 2003

      South Australian National Parks and Wildlife Council – Report 2002 - 2003

      Torrens Catchment Water Management Board – Report 2002 - 2003

      Wildlife Advisory Committee – Report 2002 – 2003

 

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

      Report on the Operation of the South Australian Alcohol Interlock Scheme – 11 September                       2003    

      Regulations under the following Acts –

                  Public Corporations – Austrics Dissolution

 

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

      Regulations under the following Acts –

                  Daylight Saving – Summer Time 2003-2004

 

By the Minister for Tourism (Hon J D Lomax-Smith) –

      Dried Fruits Board of South Australia – Report 2002 - 2003

      Phylloxera and Grape Industry Board of South Australia – Report 2002 - 2003

      Veterinary Surgeons Board of South Australia – Report 2002 - 2003

 

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

      Administration of the Development Act – Report 2002 - 2003

 

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

      Boundary Adjustment Facilitation Panel – Report 2002 - 2003

      Proposal by City of Port Augusta to extend its boundary into Spencer Gulf

 

By the Minister for Industry and Trade (Hon R J McEwen) –

      Business, Manufacturing and Trade, Review of the Department for – 30 September 2003.

 

7       Questions

Questions without notice were asked.

 

8       Grievance debate

On motion of the Speaker, the House noted grievances.

 

 

 

 

9       Select Committee on the Crown Lands (Miscellaneous) Amendment Bill – Interim and Final Reports – Motion to note

Order of the Day read for the adjourned debate on the motion of the Minister for Urban Development and Planning (Hon J W Weatherill) - That the Interim and Final Reports of the Select Committee on the Crown Lands (Miscellaneous) Amendment Bill be noted.

Debate resumed.

Question put and passed.

 

10      Crown Lands (Miscellaneous) Amendment Bill

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

 

         Suspension of Standing Orders

The Minister for Environment and Conservation, 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

The Minister for Environment and Conservation then moved – That it be an instruction to the Committee of the whole House on the Crown Lands (Miscellaneous) Amendment Bill that it have power to consider a new clause relating to amendment of the Irrigation (Land Tenure) Act 1930.

Question put and passed.

 

In Committee

New clauses No 1A to 1D inserted.

 

The Hon I F Evans moved to insert new clause No 1E as follows:

Minister to advise lease holders of effect of Act

               1E. (1) The Minister responsible for the administration of the principal Act must, as soon as practicable after the commencement of this Act (and, in any case, within one month of that commencement), ensure that a written notice is sent to each person who has made a relevant application advising him or her—

                    (a)       of the effect of this Act; and

                    (b)      of the person's right to withdraw the application.

                    (2) In this section—

                    "relevant application" means an application under section 212 of the principal Act to surrender a perpetual lease of land and purchase the fee simple where—

                              (a)    the application was lodged before the commencement of this Act; but

                              (b)    the lease has not been surrendered.

Question – That proposed new clause No 1E be inserted – put and negatived.

Clause No 2 further considered and agreed to.

 

The Hon I F Evans moved to insert new clause No 2A as follows:

Insertion of s. 34

                    2A. The following section is inserted after section 33 of the principal Act:

                              Rent may be paid in advance

                                      34. Despite any provision to the contrary in this Act or any other Act or in a perpetual lease, the lessee may pay instalments of rent due under the lease in advance of the times specified in the lease (provided that such instalments are in respect of a period not exceeding 25 years).

Question – That new clause No 2A be inserted – put and negatived.

New clause No 2A inserted.

Clause No 3 read.

 

 

 

 

The Minister for Environment and Conservation moved to leave out lines 7 to 21 and insert the following:

Insertion of s. 47A

                    3. The following sections are inserted after section 47 of the principal Act:

                              Annual service charges

                                      47A.(1) The regulations may fix, or provide for the determination of, an amount to be paid to the Minister by the holder of a lease, or a lease of a specified class, as an annual service charge in relation to the lease.

 

                                      (2) An amount to be paid as an annual service charge—

                                      (a)     is payable in addition to the rent payable under the lease; and

                                      (b)    must be paid at the time fixed for the payment of rent under the lease.

                                      (3) If a person fails to pay an amount payable under this section—

                                      (a)     the amount is recoverable in the same way, and to the same extent, as a payment of rent due under the lease; and

                                      (b)    the Minister may, in relation to that failure, exercise any power that the Minister may exercise in relation to a failure to pay rent under the lease, as if failure to pay the amount were a failure to pay rent under the lease.

                                      (4) A regulation fixing, or providing for the determination of, an amount for the purposes of this section cannot come into operation until the time for disallowance has passed.

                                      (5) This section applies to a lease—

                                      (a)     whether granted before or after the commencement of this section; and

                                      (b)    despite any provision to the contrary in this or any other Act or in the lease.

                                      (6) In this section—

                                      "lease" means a lease granted under any of the Crown Lands Acts or any other Act dealing with the disposal of Crown Lands, other than a lease of a prescribed class.

Question – That the amendment be agreed to – put.

 

         Committee divided (No 1):

 

           Ayes, 20

           Noes, 21

 

Hon M J Atkinson

Mr Brindal

Ms Bedford

Mr Brokenshire

Ms Breuer

Hon D C Brown

Ms Ciccarello

Hon M R Buckby

Hon P F Conlon

Ms Chapman

Hon K O Foley

Mr Goldsworthy

Mrs Geraghty

Hon G M Gunn

Mr Koutsantonis

Mrs Hall

Hon J D Lomax-Smith

Mr Hamilton-Smith

Mr O'Brien

Hon R G Kerin

Ms Rankine

Hon D C Kotz

Hon M D Rann

Hon I P Lewis

Mr Rau

Hon W A Matthew

Mr Snelling

Ms Maywald

Hon L Stevens

Mr R J McEwen

Ms Thompson

Dr McFetridge

Hon J W Weatherill

Mr Meier

Hon P L White

Mrs Redmond

Hon M J Wright

Mr Venning

Hon J D Hill (Teller)

Mr Williams

 

Hon I F Evans (Teller)

 

         So it passed in the negative.

 

Clause otherwise amended and agreed to.

Clause No 4 agreed to.

 

The Hon I F Evans moved to insert new clause No 4A as follows:

                     Amendment of s. 212—Power of lessee to surrender lease and purchase the fee simple

             4A. Section 212 of the principal Act is amended by striking out subsections (2) and (3) and substituting:

                                      (2) If an application is lodged under this section—

                                      (a)     in the case of an application relating to a perpetual lease of land situated outside of Metropolitan Adelaide or a prescribed miscellaneous lease—the application must be dealt with in accordance with Schedule 14; or

                                      (b)    in the case of any other application—the application must be dealt with as follows:

 

                                                          (i)        if the Minister approves the application, the board must recommend to the Minister, and the Minister must fix, the sum at which the fee simple of the land may be purchased and must give written notice of that sum to the applicant;

                                                          (ii)       the applicant must, within three months after the giving of such notice, notify the Minister whether he or she accepts or refuses the terms offered;

                                                          (iii)      if the applicant accepts the terms offered and, within one month (or such longer period as may be allowed by the Minister) after notifying the Minister of that acceptance, surrenders the lease and pays the purchase money and any other fees that are payable in relation to the transaction, the applicant is entitled to receive a land grant for the land.

                                      (3) In this section—

                                      "Metropolitan Adelaide" has the same meaning as in the Development Act 1993;

                                      "prescribed miscellaneous lease" means a miscellaneous lease of land that is used for cropping or is of a class prescribed by regulation.

Question – That proposed new clause No 4A be inserted – put.

 

         Committee divided (No 2):

 

           Ayes, 19

 

           Noes, 23

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

Mr Goldsworthy

Hon P F Conlon

Hon G M Gunn

Hon K O Foley

Mrs Hall

Mrs Geraghty

Mr Hamilton-Smith

Mr Hanna

Hon R G Kerin

Hon S W Key

Hon D C Kotz

Mr Koutsantonis

Hon W A Matthew

Hon I P Lewis

Ms Maywald

Hon J D Lomax-Smith

Dr McFetridge

Mr R J McEwen

Mr Meier

Mr O'Brien

Mrs Redmond

Hon M D Rann

Mr Venning

Mr Rau

Mr Williams

Mr Snelling

Hon I F Evans (Teller)

Hon L Stevens

 

Ms Thompson

 

Hon J W Weatherill

 

Hon P L White

 

Hon J D Hill (Teller)

 

         So it passed in the negative.

 

New clause No 4A inserted.

 

The Hon I F Evans moved to insert new clause No 4B as follows:

             Amendment of s. 225—Leases and agreements may not be transferred, assigned or sublet without consent of the Minister

             4B. Section 225 of the principal Act is amended by inserting "(other than a perpetual lease)" after "lease".

Question – That proposed new clause No 4B be inserted – put and negatived.

 

New clauses Nos 4B and 4C inserted.

Clause No 5 agreed to.

New clause No 6 inserted.

Title amended and agreed to.

____________

 

         The House having resumed:

The Hon R B Such reported that the Committee had considered the Bill referred to it and had agreed to the same with amendments and had amended the title.

 

The Minister for Environment and Conservation moved – That this Bill be read a third time.

Debate ensued.

Question put and passed.

 

11      Extension of time for adjournment

Ordered, on motion of the Minister for Environment and Conservation - That the time for moving the adjournment of the House be extended beyond 10.00 pm.

 

12      Message from the Legislative Council

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

 

         Statute Law Revision Bill                                                                       Message No 9

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to make minor amendments of a statue law revision nature to various Acts and to repeal various Acts, to which it desires the concurrence of the House of Assembly.

         Legislative Council, 14 October 2003                                              R R Roberts, PRESIDENT

 

         Bill read a first time.

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

 

13      Adjournment

House adjourned at 10.07 pm until tomorrow at 2.00 pm.

 

 

____________

 

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

            For Wednesday 15 October 2003

 

Notices of Motion:  Government Business –

 

The Premier to move – That he have leave to introduce a Bill for an Act to amend the Maralinga Tjarutja Land Rights Act 1984 and the National Parks and Wildlife Act 1972.

 

The Deputy Premier to move – That he have leave to introduce a Bill for an Act to validate certain administrative acts and payments and to make a related amendment to the Emergency Services Funding Act 1998.

 

The Attorney-General to move – That he have leave to introduce a Bill for an Act to amend the Judges Pensions Act 1971, the Parliamentary Superannuation Act 1974, the Police  Superannuation Act 1990, the Southern State Superannuation Act 1994 and the Superannuation Act 1988.

 

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 make a related amendment to the Criminal Law (Sentencing) Act 1988.

 

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 the Summary Offences Act 1953.

 

The Attorney-General to move – That he have leave to introduce a Bill for an Act to amend the Summary Offences Act 1953.

 

The Minister for Education and Children’s Services to move – That she have leave to introduce a Bill for an Act to amend the Education Act 1972.

 

Notices of Motion:  Private Members Business Bills/ Committees/ Regulations -

 

Mr Hanna to move – That he have leave to introduce a Bill for an Act to amend the Tobacco Product Regulations Act 1997.

 

            For Thursday 16 October 2003

 

Notices of Motion:  Other Motions -

 

Ms Ciccarello to move – That this House congratulates South African novelist, current Adelaide visitor and former Booker Prize winner, J M Coetzee on  being awarded the 2003 Nobel Prize for literature.

 

Ms Ciccarello to move – That this House congratulates Wayne Jackson on his significant contribution to Australian Rules Football during his seven years as Chief Executive of the  AFL and his lasting legacy of a strong and truly national competition.

 

Ms Thompson to move – That this House calls upon the Prime Minister and the Federal Minister for Health to urgently address the critical shortage of General Practitioners which has led to significant gaps in the health services in outer Southern and Northern Metropolitan areas of Adelaide as well as in rural areas.

 

____________

 

 

Present during the day - All Members except Mrs Penfold and Mr Scalzi.

 

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

 

         Division No 1 -

               Ayes – The Minister for Social Justice (Hon S W Key) and Mr Caica

               Noes - Mrs Penfold and Mr Scalzi

 

         Division No 2 -

               Ayes - Mrs Penfold and Mr Scalzi

               Noes –The Minister for Transport (Hon M J Wright) and Ms Rankine.

 

 

 

 

                                                                                                                        Peter Lewis

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY