No 11

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

WEDNESDAY 15 OCTOBER 2003

 

 

1       Meeting of House

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

 

2       Speaker's Statement – Privilege breach – Broadcasting proceedings

The Speaker referred to a breach of privilege concerning the broadcasting of activities in the gallery without the consent of the Chair.  The Speaker stated that unauthorised filming within the Parliament precinct including that of images of people in the public gallery, could seriously compromise security.  If the media intend to film other than proceedings of the House, consent from the Chair must be sought.

 

3       Petition No 19

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

 

19   Hon W A Matthew, from 163 electors of South Australia, requesting the House to urge the Government to immediately withdraw the trial of the Sexual Health and Relationship Education Program, developed by SHINE, from all 14 participating schools, pending professional assessment and endorsement.

 

4       Papers

         The following Papers were tabled:

 

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

      South Australian Country Fire Service – Report 2002–2003

 

By the Minister for Education and Children’s Services (Hon P L White) –

      Non-Government Schools Registration Board – Report 2002–2003

 

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

      Adelaide Convention Centre – Report 2002–2003.

 

5       Questions

Questions without notice were asked.

 

6       Grievance debate

On motion of the Speaker, the House noted grievances.

 

7       Postponement of business

Ordered - That Notice of Motion: Private Members Bills/Committees/Regulations No 1 be postponed until Wednesday 12 November.

 

8       Industrial and Employee Relations (Exemption of Small Business) Amendment Bill

Hon I F Evans, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Industrial and Employees Relations Act 1994.

Question put and passed.

         Bill presented and read a first time.

 

         Hon I F Evans moved - That this Bill be now read a second time.

         Ordered, on motion of Mrs Geraghty, that the debate be adjourned until Wednesday 12 November.

 

9       Motor Vehicles (Emergency Contact Details) Amendment Bill

Hon I F Evans, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Motor Vehicles Act 1959.

Question put and passed.

         Bill presented and read a first time.

 

         Hon I F Evans moved - That this Bill be now read a second time.

         Ordered, on motion of Ms Rankine, that the debate be adjourned until Wednesday 12 November.

 

10      Victim of Crimes Act 2001 - Regulations – Fees, Applications Amended - Motion to disallow

         Mr Hanna, pursuant to notice, moved - That the Regulations made under the Victims of Crime Act 2001 entitled Fees, Applications Amended, made on 24 July 2003 and laid on the Table of this House on 16 September 2003, be disallowed.

         Debate ensued.

         Question put.

         House divided (No. 1)

 

           Ayes, 19

 

           Noes, 20

 

 

Mr Brokenshire

Ms Bedford

Hon D C Brown

Ms Breuer

Hon M R Buckby

Mr Caica

Ms Chapman

Ms Ciccarello

Hon I F Evans

Hon P F Conlon

Mr Goldsworthy

Hon K O Foley

Hon G M Gunn

Mrs Geraghty

Mrs Hall

Hon J D Hill

Hon R G Kerin

Mr Koutsantonis

Hon D C Kotz

Hon J D Lomax-Smith

Hon W A Matthew

Mr R J McEwen

Ms Maywald

Mr O'Brien

Dr McFetridge

Mr Rau

Mr Meier

Mr Snelling

Mrs Redmond

Hon L Stevens

Hon R B Such

Ms Thompson

Mr Venning

Hon J W Weatherill

Mr Williams

Hon P L White

Mr Hanna (Teller)

Hon M J Wright

 

Hon M J Atkinson (Teller)

 

         So it passed in the negative.

 

11      Postponement of business

Ordered - That Notices of Motion: Private Members Bills/Committees/Regulations Nos 5 to 9 be postponed until Wednesday 22 October.

 

12      Environment, Resources and Development Committee - Report – Stormwater Management - Motion to note

Ms Breuer, pursuant to notice, moved - That the Forty-Ninth Report of the Environment, Resources and Development Committee on Stormwater Management be noted.

Debated ensued.

Ordered, on the motion of Mr Hanna, that the debate be adjourned until Wednesday 22 October.

 

 

 

 

 

13      Withdrawal of Business – Victims of Crimes Act 2001 – Regulations – Fees, Applications Amended

The Acting Speaker directed that Notice of Motion: No 11, in the name of Ms Chapman be withdrawn from the Notice Paper, it being identical to a motion negatived by the House earlier today. 

 

14      Prevention of Cruelty to Animals (Prohibited Surgical and Medical Procedures) Amendment Bill 2002

Dr McFetridge, pursuant to notice, moved - That the Prevention of Cruelty to Animals (Prohibited Surgical and Medical Procedures) Amendment Bill be restored to the Notice Paper as a lapsed Bill pursuant to section 57 of the Constitution Act 1934.

Question put and passed.

Ordered – That the adjourned debate on the second reading of this Bill be an Order of the Day for Wednesday 12 November.

 

15      Tobacco Products Regulation (Smoking in the Casino and Gaming Venues) Amendment Bill

Mr Hanna, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Tobacco Products Regulations Act 1997.

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 Meier, that the debate be adjourned until Wednesday 12 November.

 

16      Postponement of business

Ordered, separately - That Orders of the Day: Private Members Bills/Committees/Regulations Nos 1 to 4 be postponed until Wednesday 22 October.

 

17      Economic and Finance Committee – Report – Holdfast Shores Development – Motion to note

         Order of the Day read for the adjourned debate on the motion of Ms Thompson - That the Forty-Fifth Report of the Economic and Finance Committee on Holdfast Shores Development be noted.

         Debate resumed.

         Ordered, on motion of Mr Hanna, that the debate be further adjourned until Wednesday 22 October.

 

18      Postponement of business

Ordered - That Order of the Day: Private Members Bills/Committees/Regulations No 6 be postponed until Wednesday 12 November.

 

19      Statutes Amendment (Co-managed Parks) 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 Maralinga Tjarutja Land Rights Act 1984 and the National Parks and Wildlife Act 1972.

Question put and passed.

         Bill presented and read a first time.

 

         The Premier moved - That this Bill be now read a second time.

         Ordered, on motion of Hon G M Gunn, that the debate be adjourned until tomorrow.

 

20      Postponement of business

Ordered - That Notice of Motion: Government Business No 2 to be postponed and taken into consideration after Notice of Motion: Government Business No 7.

 

 

 

 

 

21      Statutes Amendment (Division of Superannuation Interests under Family Law Act) 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 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.

Question put and passed.

         Bill presented and read a first time.

 

         The Attorney-General moved - That this Bill be now read a second time.

         Ordered, on motion of Hon M R Buckby, that the debate be adjourned until tomorrow.

 

22      Criminal Law Consolidation (Identity Theft) 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 and make a related amendment to the Criminal Law (Sentencing) Act 1988.

Question put and passed.

         Bill presented and read a first time.

 

         The Attorney-General moved - That this Bill be now read a second time.

         Ordered, on motion of Hon M R Buckby, that the debate be adjourned until tomorrow.

 

23      Statutes Amendment (Computer Offences) 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 and the Summary Offences Act 1953.

Question put and passed.

         Bill presented and read a first time.

 

         The Attorney-General moved - That this Bill be now read a second time.

         Ordered, on motion of Hon M R Buckby, that the debate be adjourned until tomorrow.

 

24      Summary Offences (Consumption of Dogs and Cats) 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 Summary Offences Act 1953.

Question put and passed.

         Bill presented and read a first time.

 

         The Attorney-General moved - That this Bill be now read a second time.

         Ordered, on motion of Hon M R Buckby, that the debate be adjourned until tomorrow.

 

25      Education (Materials and Services Charges) Amendment Bill

The Minister for Education and Children’s Services (Hon P L White), pursuant to notice, moved - That she have leave to introduce a Bill for an Act to amend the Education Act 1972.

Question put and passed.

         Bill presented and read a first time.

 

         The Minister for Education and Children’s Services moved - That this Bill be now read a second time.

         Ordered, on motion of Hon M R Buckby, that the debate be adjourned until tomorrow.

 

26      Emergency Services Funding (Validation of Levy on Vehicles and Vessels) Bill

The Deputy Premier (Hon K O Foley), pursuant to notice, moved - 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.

Question put and passed.

         Bill presented and read a first time.

 

         The Deputy Premier moved - That this Bill be now read a second time.

         Ordered, on motion of Hon M R Buckby, that the debate be adjourned until tomorrow.

 

 

27      Statute Law Revision Bill

         Order of the Day read for the second reading of this Bill.

         The Attorney-General moved - That this Bill be now read a second time.

         Ordered, on motion of Hon M R Buckby, that the debate be adjourned until tomorrow.

 

28      Passenger Transport (Dissolution of the Passenger Transport Board) 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 and passed.

 

         Bill read a second time.

 

Suspension of Standing Orders

Hon M R Buckby, 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 M R Buckby, pursuant to order, moved – That it be an instruction to the Committee of the whole House on the Passenger Transport (Dissolution of the Passenger Transport Board) Amendment Bill that it have power to consider amendments relating to awarding contracts.

Question put and passed.

 

In Committee

Clauses Nos 1 to 25 agreed to.

Clause No 26 read.

 

Mr Hanna moved on page 11, line 28 to leave out “The Minister” and substitute:

Subject to this section, the Minister

Question – That the amendment be agreed to – put.

 

         Committee divided (No 2):

 

           Ayes, 3

 

           Noes, 38

Dr McFetridge

Hon M J Atkinson

Mr Williams

Ms Bedford

Mr Hanna (Teller)

Ms Breuer

 

Mr Brokenshire

 

Hon D C Brown

 

Hon M R Buckby

 

Mr Caica

 

Ms Chapman

 

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 S W Key

 

Hon D C Kotz

 

Mr Koutsantonis

 

Hon I P Lewis

 

Hon J D Lomax-Smith

 

Hon W A Matthew

 

Ms Maywald

 

Mr R J McEwen

 

Mr Meier

 

Mr O'Brien

 

Ms Rankine

 

Mr Rau

 

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.

 

Mr Brindal raised as a point of order his inability to be present in the chamber for a division due to the bells being inaudible in part of the building.

The Minister for Industry, Trade and Regional Development (Hon R J McEwen), without notice, moved - That the vote be recommitted.

Debate ensued.

Question put.

         Committee divided (No 3):

 

           Ayes, 40

 

           Noes, 2

Hon M J Atkinson

Hon I P Lewis

Ms Bedford

Mr Hanna (Teller)

Ms Breuer

 

Mr Brindal

 

Mr Brokenshire

 

Hon D C Brown

 

Hon M R Buckby

 

Mr Caica

 

Ms Chapman

 

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 S W Key

 

Hon D C Kotz

 

Mr Koutsantonis

 

Hon J D Lomax-Smith

 

Hon W A Matthew

 

Ms Maywald

 

Dr McFetridge

 

Mr Meier

 

Mr O'Brien

 

Ms Rankine

 

Mr Rau

 

Mrs Redmond

 

Mr Snelling

 

Hon L Stevens

 

Ms Thompson

 

Mr Venning

 

Hon J W Weatherill

 

Hon P L White

 

Mr Williams

 

Hon M J Wright

 

Mr R J McEwen (Teller)

 

 

         So it was resolved in the affirmative.

 

Further Division

Question – That Mr Hanna’s amendment be agreed to – again put.

 

 

 

 

 

 

 

 

 

        

Committee divided (No 4):

 

           Ayes, 4

 

           Noes, 38

Mr Hamilton-Smith

Hon M J Atkinson

Dr McFetridge

Ms Bedford

Mr Williams

Ms Breuer

Mr Hanna (Teller)

Mr Brindal

 

Mr Brokenshire

 

Hon D C Brown

 

Hon M R Buckby

 

Mr Caica

 

Ms Chapman

 

Ms Ciccarello

 

Hon P F Conlon

 

Hon I F Evans

 

Hon K O Foley

 

Mrs Geraghty

 

Mr Goldsworthy

 

Hon G M Gunn

 

Mrs Hall

 

Hon J D Hill

 

Hon S W Key

 

Hon D C Kotz

 

Mr Koutsantonis

 

Hon I P Lewis

 

Hon J D Lomax-Smith

 

Hon W A Matthew

 

Ms Maywald

 

Mr R J McEwen

 

Mr Meier

 

Mr O'Brien

 

Ms Rankine

 

Mr Rau

 

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.

 

         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.

 

29      Extension of time for adjournment

Ordered, on motion of the Minister for Infrastructure (Hon P F Conlon) - That the time for moving the adjournment of the House be extended beyond 10.00 pm.

 

30      Passenger Transport (Dissolution of the Passenger Transport Board) Amendment Bill

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

 

In Committee

Clause No 26 further considered, amended and agreed to.

Clauses Nos 27 to 51 agreed to.

Schedule agreed to.

Title agreed to.

 

____________

 

 

         The House having resumed:

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

 

Bill read a third time and passed.

 

31      Dried Fruits Repeal 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 and passed.

 

         Bill read a second time.

         Proceeded, by leave, to the third reading.

 

         Bill read a third time and passed.

 

32      Paper

         The following Paper was tabled:

 

By the Minister for Tourism (Hon J D Lomax-Smith), representing the Minister for Mineral Resources Development (Hon P Holloway) –

           Ministerial Statement – Uranium Mining Industry.

 

33      Adjournment

House adjourned at 10.22 pm until tomorrow at 10.30 am.

 

 

____________

 

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

            For Thursday 16 October 2003

 

Notice of Motion:  Government Business -

 

The Minister for Energy to move – That he have leave to introduce a Bill for an Act to amend the National Electricity(South Australia) Act 1996.

 

Notice of Motion:  Other Motions -

 

Ms Breuer to move – That this House –

(a)           notes that –

(i)                   this week marks the 5Oth anniversary of the first atomic test conducted by the British Government when ‘Totem 1’- a 10 kilo tonne atomic bomb, was detonated at Emu Junction some 240km from Coober Pedy on 15th  October 1953:

(ii)                  the Totem trial was the start of the British Atomic Testing Program which included nine atomic weapon explosions at Maralinga and Emu Junction as well as a series of minor trials;

(b)           notes that the McClelland Royal Commission concluded that –

(i)                   there was a failure at the Totem trials to adequately consider the distinctive lifestyles of Aborigines and their particular vulnerability to radioactive fallout;

(ii)                  Totem 1 was detonated in wind conditions that produced unacceptable levels of fallout and failed to take into account the welfare of the Wallatina and Welbourne Hill people;

(iii)                relocating Aboriginal people to Yalata and preventing them from returning to Ooldea and places further North marked the beginning of a period where Aboriginal people were denied access to their traditional lands;

(iv)                 those people exposed to radiation at the test sites have an increased risk of developing cancers; 

(c)           expresses concern for indigenous peoples whose land and health may have been detrimentally affected by these tests;

(d)           notes that –

(i)                   the land hand-back of the area known as Section 400 is still subject to negotiation between Maralinga Tjarutja and the State and Federal Governments; and

notes the efforts of the State Government to hand back the Unnamed Conservation Park - a  21 000 square kilometre area of pristine bushland in the State’s Far North West, as an act of reconciliation.

 

____________

 

 

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

 

 

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

 

         Division No 1 -

               Ayes - Mrs Penfold, Mr Scalzi and Mr Hamilton-Smith.

               Noes – The Premier (Hon M D Rann), The Minister for Social Justice (Hon S W Key) and Ms Rankine.

 

 

 

 

                                                                                                                        Peter Lewis

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY