No 10

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

WEDNESDAY 13 OCTOBER 2004

 

 

1       Meeting of House

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

 

2        Messages from the Governor

The following Messages from the Governor were received and read:

 

Statutes Amendment (Miscellaneous Superannuation Measures No 2) Bill – Recommending

Message No 3

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 Statutes Amendment (Miscellaneous Superannuation Measures No 2) Bill 2004.

Government House, 13 October 2004                                 M Jackson-Nelson, GOVERNOR

 

Parliamentary Superannuation (Scheme for New Members) Amendment 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 Parliamentary Superannuation (Scheme for New Members) Amendment Bill 2004.

Government House, 13 October 2004                                 M Jackson-Nelson, GOVERNOR

 

3       Papers

         The following Papers were tabled:

 

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

      Non-Government Schools Registration Board – Report 2003-2004

 

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

      Adelaide Entertainment Centre – Report 2003-2004

 

By the Minister for the River Murray (Hon K A Maywald) –

      River Murray Act 2003 – Report 2003-2004.

 

4       Legislative Review Committee - Reports – Fifth and Sixth

 

Fifth Report

Mr Hanna brought up the 5th Report of the Committee.

Report received.

 

Sixth Report

Mr Hanna brought up the 6th Report of the 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 a Notice 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:

Water Resources Act 1997 – Northern Adelaide Plains

Agricultural and Veterinary Products (Control of Use) Act 2002 - Chemicals.

 

5       Questions

Questions without notice were asked.

 

6       Grievance debate

On motion of the Speaker, the House noted grievances.

 

7       Victims of Crime Act 2001 – Regulations – Allowable Victim Compensation - Motion to disallow

Mr Hanna, pursuant to notice, moved - That the Regulations made under the Victims of Crime Act 2001 entitled Allowable Victim Compensation, made on 29 July and laid on the Table of this House on 15 September, be disallowed.

         Question put and passed.

 

8       Postponement of business

Ordered - That Notice of Motion: Private Members Bills/Committees/Regulations No 2 be postponed and taken into consideration after Notice of Motion: Private Members Bills/Committees/Regulations No 15.

 

9       Spent Convictions Bill

Hon R B Such, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to encourage the rehabilitation of offenders by providing that certain convictions will become spent on completion of a period of crime-free behaviour; and for other purposes.

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 Mr Brindal, that the debate be adjourned until Wednesday 27 October.

 

10      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 Mr Venning, that the debate be adjourned until Wednesday 27 October.

 

11      Postponement of business

Ordered separately and severally - That Notices of Motion: Private Members Bills/Committees/Regulations Nos 5, 6 and 8 to 15 be postponed to Wednesday 27 October.

 

12      Constitution (Term of Members of the Legislative Council) Amendment Bill

Mr Hanna, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Constitution Act 1934.

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 Brindal, that the debate be adjourned until Wednesday 10 November.

 

13      Statutes Amendment (Multi-Member Electorates) Bill

Mr Hanna, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Constitution Act 1934 and the Electoral Act 1985.

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 Hamilton-Smith, that the debate be adjourned until Wednesday 10 November.

 

14      Electoral (Optional Preferential Voting) Amendment Bill

Mr Hanna, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Electoral Act 1985.

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 Hamilton-Smith, that the debate be adjourned until Wednesday 10 November.

 

15      Referendum (Term of Members of the Legislative Council) Bill

Mr Hanna, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to provide for the submission of the Constitution (Term of Members of the Legislative Council) Amendment Bill 2004 to a referendum.

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 Goldsworthy, that the debate be adjourned until Wednesday 10 November.

 

16      Referendum (Multi-Member Electorates) Bill

Mr Hanna, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to provide for the submission of the Statutes Amendment (Multi-Member Electorates) Bill 2004 to a referendum.

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 Goldsworthy, that the debate be adjourned until Wednesday 10 November.

 

17      Direct Democracy (Citizen-Initiated Referendums) Bill

Mr Hanna, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to enable the electors of South Australia to initiate referendums on proposed laws, and to approve or disapprove such proposed laws at a referendum.

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 Goldsworthy, that the debate be adjourned until Wednesday 10 November.

 

 

 

 

 

18      Referendum (Direct Democracy) Bill

Mr Hanna, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to provide for the submission of the Direct Democracy (Citizen-Initiated Referendums) Bill 2004 to a referendum.

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 Goldsworthy, that the debate be adjourned until Wednesday 10 November.

 

19      Postponement of business

Ordered - That Notice of Motion: Private Members Bills/Committees/Regulations No 22 be postponed until Wednesday 27 October.

 

20      Select Committee on Child Care Workers Education and Training - Motion re

Order of the Day read for the adjourned debate on the motion of Ms Chapman – That this House establish a Select Committee to examine and report upon –

(a)           the adequacy and appropriateness of education and training of child care workers in South Australia

(b)           the adequacy of current numbers and the projected numbers of people in child care education and training;  

(c)           issues affecting the drop-out rate of child care workers whilst in training and education, and subsequent employment; and

(d)           any other relevant matter.

         Debate resumed.

Ordered, on motion of Mrs Geraghty, that the debate be further adjourned until Wednesday 27 October.

 

21      Postponement of business

Ordered - That Order of the Day: Private Members Bills/Committees/Regulations No 2 be postponed until Wednesday 27 October.

 

22      Statutes Amendment (Misuse of Motor Vehicles) Bill

Order of the Day read for the adjourned debate on the question - That this Bill be now read a second time.

Debate resumed.

 

____________

 

The two hours for consideration of Private Members Business having expired, the debate was adjourned (Ms Thompson, by leave) and Government Business was called on.

____________

 

 

23      Public Sector Management (Chief Executive Accountability) Amendment Bill

The Premier (Hon M D Rann), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Public Sector Management Act 1995.

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 Mr Brokenshire, that the debate be adjourned until tomorrow.

 

24      Parliamentary Committees (Public Works) Amendment Bill

The Minister for Infrastructure (Hon P F Conlon), pursuant to notice, moved - 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.

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 W A Matthew, that the debate be adjourned until tomorrow.

 

25      Postponement of business

Ordered separately - That Notices of Motion: Government Business Nos 3 and 4 be postponed and taken into consideration on motion.

 

26      Industrial Law Reform (Fair Work) Bill

The Minister for Industrial Relations (Hon M J Wright), pursuant to notice, moved - 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.

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 Mr Brokenshire, that the debate be adjourned until tomorrow.

 

27      Gaming Machines (Miscellaneous) Amendment Bill

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

 

In Committee

Clause No 2 further considered.

 

Mr Rau moved on page 3, lines 8 to 10, to delete subclause (3)

 

         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 on motion.

 

28      Extension of time for adjournment

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

 

29      Suspension of Standing Orders

Minister for Infrastructure, without notice, moved - That Standing Orders be so far suspended as to enable the House to sit beyond midnight.

Question put and there being a negative voice.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

         House divided (No 1):

 

           Ayes, 25

           Noes, 21

 

Hon M J Atkinson

Mr Brindal

Ms Bedford

Mr Brokenshire

Ms Breuer

Hon M R Buckby

Mr Caica

Ms Chapman

Ms Ciccarello

Hon I F Evans

Hon K O Foley

Mr Goldsworthy

Mrs Geraghty

Hon G M Gunn

Hon J D Hill

Mrs Hall

Hon S W Key

Mr Hanna

Mr Koutsantonis

Mr Hamilton-Smith

Hon J D Lomax-Smith

Hon R G Kerin

Hon K A Maywald

Hon D C Kotz

Hon R J McEwen

Hon W A Matthew

Mr O'Brien

Dr McFetridge

Ms Rankine

Mr Meier

Hon M D Rann

Mrs Penfold

Mr Rau

Mrs Redmond

Mr Snelling

Mr Scalzi

Hon L Stevens

Mr Venning

Hon R B Such

Mr Williams

Ms Thompson

Hon D C Brown (Teller)

Hon J W Weatherill

 

Hon P L White

 

Hon M J Wright

 

Hon P F Conlon (Teller)

 

 

         So it was resolved in the affirmative.

 

30      Gaming Machines (Miscellaneous) Amendment Bill

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

 

In Committee

Clause No 2 further considered.

Mr Rau’s amendment further considered.

 

Hon G M Gunn moved – That the question be put.

 

         Committee divided (No 2):

 

           Ayes, 29

           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 Chapman

Hon I F Evans

Ms Ciccarello

Mr Goldsworthy

Hon P F Conlon

Mrs Hall

Hon K O Foley

Mr Hamilton-Smith

Mrs Geraghty

Hon R G Kerin

Mr Hanna

Hon D C Kotz

Hon J D Hill

Hon W A Matthew

Hon S W Key

Mr Meier

Mr Koutsantonis

Mrs Penfold

Hon J D Lomax-Smith

Mrs Redmond

Hon I P Lewis

Mr Scalzi

Hon K A Maywald

Mr Williams

Hon R J McEwen

Dr McFetridge (Teller)

Mr O'Brien

 

Ms Rankine

 

Hon M D Rann

 

Mr Rau

 

Mr Snelling

 

Hon L Stevens

 

Ms Thompson

 

Mr Venning

 

Hon J W Weatherill

 

Hon P L White

 

Hon M J Wright

 

Hon G M Gunn (Teller)

 

 

         So it was resolved in the affirmative.

 

Question – That the amendment be agreed to – put.

         Committee divided (No 3):

 

           Ayes, 10

 

           Noes, 36

Hon D C Brown

Hon M J Atkinson

Ms Chapman

Ms Bedford

Mr Hanna

Ms Breuer

Mr Koutsantonis

Mr Brindal

Hon I P Lewis

Mr Brokenshire

Mrs Penfold

Hon M R Buckby

Mr Rau

Mr Caica

Mr Scalzi

Ms Ciccarello

Mr Williams

Hon P F Conlon

Mr Meier (Teller)

Hon I F Evans

 

Hon K O Foley

 

Mrs Geraghty

 

Mr Goldsworthy

 

Hon G M Gunn

 

Mrs Hall

 

Mr Hamilton-Smith

 

Hon J D Hill

 

Hon R G Kerin

 

Hon S W Key

 

Hon D C Kotz

 

Hon J D Lomax-Smith

 

Hon W A Matthew

 

Hon K A Maywald

 

Hon R J McEwen

 

Dr McFetridge

 

Mr O'Brien

 

Ms Rankine

 

Hon M D Rann

 

Mrs Redmond

 

Mr Snelling

 

Hon L Stevens

 

Ms Thompson

 

Mr Venning

 

Hon J W Weatherill

 

Hon P L White

 

Hon M J Wright (Teller)

 

         So it passed in the negative.

 

Clause No 2 agreed to.

Clauses Nos 3 to 5 agreed to.

 

Mrs Hall moved on page 4, after line 20, to insert a new clause as follows -

 

5A—Insertion of Division 4

After section 11 insert:

Division 4—Financial viability of gaming machine industry

11A—Financial viability of gaming machine industry to be protected

The Authority and the Commissioner, in exercising administrative powers and discretions under this Act and any other Act, must act to ensure that the financial viability of the gaming machine industry is not prejudiced.

 

____________

 

It being Midnight

THURSDAY 14 OCTOBER

____________

 

 

Question – That new clause No 5A be inserted – put.

 

 

 

 

 

 

 

         Committee divided (No 4):

 

           Ayes, 17

 

           Noes, 29

Mr Brindal

Hon M J Atkinson

Hon D C Brown

Ms Bedford

Hon M R Buckby

Ms Breuer

Ms Chapman

Mr Brokenshire

Ms Ciccarello

Mr Caica

Hon I F Evans

Hon P F Conlon

Hon G M Gunn

Hon K O Foley

Mr Hamilton-Smith

Mrs Geraghty

Hon R G Kerin

Mr Goldsworthy

Hon D C Kotz

Mr Hanna

Dr McFetridge

Hon J D Hill

Mrs Penfold

Hon S W Key

Mr Rau

Mr Koutsantonis

Mrs Redmond

Hon J D Lomax-Smith

Mr Venning

Hon I P Lewis

Mr Williams

Hon W A Matthew

Mrs Hall (Teller)

Hon K A Maywald

 

Hon R J McEwen

 

Mr Meier

 

Mr O'Brien

 

Ms Rankine

 

Hon M D Rann

 

Mr Scalzi

 

Mr Snelling

 

Hon L Stevens

 

Ms Thompson

 

Hon J W Weatherill

 

Hon P L White

 

Hon M J Wright (Teller)

 

         So it passed in the negative.

 

Clause No 6 agreed to.

Clause No 7 read.

Mr Caica moved on page 5, line 2, to delete all words after “section”

Question – That the amendment be agreed to – put.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

         Committee divided (No 5):

 

           Ayes, 38

           Noes, 7

 

Ms Bedford

Hon M J Atkinson

Ms Breuer

Mr Hanna

Mr Brindal

Mr Koutsantonis

Mr Brokenshire

Hon I P Lewis

Hon D C Brown

Mr Rau

Hon M R Buckby

Hon J W Weatherill

Ms Chapman

Hon M J Wright (Teller)

Ms Ciccarello

 

Hon P F Conlon

 

Hon I F Evans

 

Hon K O Foley

 

Mrs Geraghty

 

Mr Goldsworthy

 

Hon G M Gunn

 

Mrs Hall

 

Mr Hamilton-Smith

 

Hon J D Hill

 

Hon R G Kerin

 

Hon S W Key

 

Hon D C Kotz

 

Hon J D Lomax-Smith

 

Hon K A Maywald

 

Hon R J McEwen

 

Dr McFetridge

 

Mr Meier

 

Mr O'Brien

 

Mrs Penfold

 

Ms Rankine

 

Hon M D Rann

 

Mrs Redmond

 

Mr Scalzi

 

Mr Snelling

 

Hon L Stevens

 

Ms Thompson

 

Mr Venning

 

Hon P L White

 

Mr Williams

 

Mr Caica (Teller)

 

 

 

 

 

 

         So it was resolved in the affirmative.

 

Clause No 7 as amended, agreed to.

 

 

         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 later today.

 

31      Adjournment

House adjourned at 1.21 am until today at 10.30 am.

 

 

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MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

            For Thursday 14 October 2004

 

Notice of Motion: Other Motions -

 

Mr O’Brien to move – That this House congratulate the Central Districts Football Club for winning the 2004 South Australian National Football League Grand Final and seizing their fourth premiership in the last five seasons of the competition.

 

 

            For Wednesday 27 October 2004

 

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

 

Hon G M Gunn to move – That he have leave to introduce a Bill for an Act to amend the Constitution Act 1934.

 

Hon G M Gunn to move – That he have leave to introduce a Bill for an Act to impose criminal liability on parents for offences committed by their children; to give the police power to remove children from public places; to make related amendments to the Young Offenders Act 1993; and for other purposes.

 

Hon G M Gunn to move – That he have leave to introduce a Bill for an Act to amend the Road Traffic Act 1961.

 

Mr Hanna to move – That the Regulations made under the Water Resources Act 1997 entitled Northern Adelaide Plains, made on 22 July and laid on the Table of this House on 15 September, be disallowed.

 

Mr Hanna to move – That the Regulations made under the Agricultural and Veterinary Products (Control of Use) Act 2002 entitled Chemicals, made on 26 August and laid on the Table of this House on 15 September, be disallowed.

 

 

 

 

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Present during the day - All Members.

 

 

 

 

 

                                                                                                                        Peter Lewis

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY