No 12

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

THURSDAY 26 OCTOBER 1995

 

 

1    Meeting of House

     The House met pursuant to adjournment.  The Speaker (Hon G M Gunn) took the Chair and read       prayers.

 

2    Petrol Multi Site Franchising - Motion for Select Committee

Mr Caudell, pursuant to notice, moved - That this House establish a Select Committee to inquire into the actions of the oil industry in relation to Multi Site Franchising and the impact such actions will have on South Australia, and in particular -

        (a)  whether dealers have been treated in a fair and equitable manner in the current offers by oil companies to purchase back unexpired terms;

        (b)  will the Multi Site Franchising as proposed by the oil industry -

            (i)   result in a reduction in economic activity in South Australia; or

            (ii)  have any adverse consequences for consumers;

        (c)  will current supply arrangements to dealer owned service stations be placed under threat by the current actions of the oil industry on Multi Site Franchising;

        (d)  will existing service station businesses be given the opportunity to continue to operate and renew their existing franchise agreements; and

        (e)  do the current proposals contravene any current South Australian or Commonwealth legislation?

Debate ensued.

Question put and passed.

 

     Select Committee

     And a Committee was appointed consisting of Mr Buckby, Mr Evans, Mr Foley, Mr Quirke and    the mover.

     Ordered - That the Committee have power to send for persons, papers and records and to adjourn from place to place.

     To report on Thursday 30 November 1995.

 

3    Petrol Exhaust Emissions Motion re

Order of the Day read for the adjourned debate on the motion of  Mr Caudell - That the Environment, Resources and Development Committee investigate the merits of the recommendations outlined in the Member for Mitchell’s Report on Benzene and Aromatics in Premium and Regular Unleaded Petrol Exhaust and Evaporative Emissions - Health and Environmental Risks.

     Debate resumed.

     Question put and passed.

 

 


4    Statutes Amendment (Racial Vilification) Bill    

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

Debate ensued.

Ordered, on motion of Mr Wade, that the debate be further adjourned until Thursday 16 November.

 

5    Teresa Crea of Doppio Teatro - Motion re

Mr Scalzi, pursuant to notice, moved - That this House congratulates South Australian playwright and director of Doppio Teatro, Teresa Crea, on winning the first National Award for Cultural Diversity in the Arts and recognises her contribution to multiculturalism.

Debate ensued.

Question put and passed.

 

6    Postponement of business

Ordered - That Orders of the Day: Other Motions be postponed and taken into consideration after Notices of Motions: Other Motions are disposed of.

 

7    ALP Conference - Motion re

Mr Brokenshire, pursuant to notice, moved - That this House condemns the Australian Labor Party for locking out a political journalist from the Australian Labor Party’s annual conference because he was not a member of a union.

Debate ensued.

Ordered, on motion of Mrs Penfold, that the debate be adjourned until Thursday 16 November.

 

8    Torrens Valley Institute of TAFE - Motion re

Mrs Kotz, pursuant to notice, moved - That this House commends and acknowledges the international recognition of the excellence of the electronics course presented at the Torrens Valley Institute of TAFE and further acknowledges the role played by the State’s education and training facilities in the development of new industries contributing to South Australia’s resurging economy.

Debate ensued.

     Ordered, on motion of Mr De Laine, that the debate be adjourned until Thursday 16 November.

 

9    Petitions Nos 34 to 37

     The Clerk announced that the following Members had lodged Petitions for presentation:

 

34 Hon M D Rann, from 3 295 residents of South Australia, requesting that the House urge the Government to restore School Service Officers’ hours to the level that existed when the Government assumed office.

 

35 Hon M D Rann, from 967 residents of South Australia, requesting that the House urge the Government not to privatise the management of the Queen Elizabeth Hospital.

 

36 Hon M D Rann, from 1 067 residents of South Australia, requesting that the House urge the Government to retain public ownership, control and operation of the water supply and the collection and treatment of sewerage.

 

37 Mrs Rosenberg, from 97 residents of South Australia, requesting that the House urge the Government to consider favourably the reintroduction of capital punishment by lethal injection for horrific violent crimes.


10   Papers

The following Papers were tabled:

 

By the Premier (Hon D C Brown) -

Department of the Premier and Cabinet - Report, 1994-95

 

By the Deputy Premier (Hon S J Baker) -

State Courts Administration Council - Report, 1994-95

 

By the Minister for Housing, Urban Development and Local Government Relations (Hon J K G Oswald) -

Corporations - City of Campbelltown - By-Laws -

No  1 -  To Fix Penalties

No  2 -  Keeping of Bees

No  3 -  Waste Disposal Receptacles

No  4 -  Ice Cream or Produce Carts

No  5 -  Inflammable Undergrowth

No  6 -  Activities on Streets and Footways

No  7 - Erection of Tents

No  8 -  Height of Fences, Hedges and Hoardings

No  9 -  Caravans and Other Vehicles

No 10 -  Excavations and Depositing of Rubbish

No 11 -  Keeping of Poultry, Birds or Animals

No 12 -  Traffic on Streets or Roads

No 13 -  Removal of Garbage at Public Places

No 14 -  Parks and Reserves

 

By the Minister for Primary Industries (Hon D S Baker) -

Primary Industries of South Australia - Report, 1994-95

 

By the Minister for the Environment and Natural Resources (Hon D C Wotton) -

Environment, Resources and Development Committee - Response to the Sixteenth Report - Inquiry into Compulsory Motor Vehicle Inspections.

 

11   Questions

Questions without notice were asked.

Ordered - That the period for asking questions without notice be extended by five minutes.

     Questions without notice resumed.

 

12   Grievance debate

     The Speaker proposed - That the House note grievances.

     Debate ensued.

     Question put and passed.

 

13   Next day of sitting

The Deputy Premier moved - That the House at its rising adjourn until Tuesday 14 November at 2.00 pm.

Question put and passed.

 

14   Controlled Substances (General Offences - Poisons) Amendment  Bill

The Minister for Health (Hon M H Armitage), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Controlled Substances Act 1984.

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 Ms Stevens, that the debate be adjourned until Tuesday 14 November.


15   Local Government Finance Authority (Review) Amendment Bill

The Minister for Housing, Urban Development and Local Government Relations, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Local Government Finance Authority Act 1983

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 Ms Hurley, that the debate be adjourned until Tuesday 14 November.

 

16   South Australian Housing Trust Bill

The Minister for Housing, Urban Development and Local Government Relations, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to provide for the continuation of the South Australian Housing Trust and to define its functions and powers; to repeal the South Australian Housing Trust Act 1936 and the Country Housing Act 1958; to make related amendments to the Housing Improvement Act 1940 and the Housing and Urban Development (Administrative Arrangements) Act 1995; and for other purposes.

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 Ms Hurley, that the debate be adjourned until Tuesday 14 November.

 

17   Suspension of Standing Orders

Deputy Premier, without notice, moved - That Standing Orders be so far suspended as to enable the introduction of two Bills 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.

 

18   Superannuation (Contracting Out) Amendment Bill

The Treasurer (Hon S J Baker), pursuant to order, moved - That he have leave to introduce a Bill for an Act to amend the Superannuation Act 1988 .

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 Clarke, that the debate be adjourned until Tuesday 14 November.

 

19   Office for the Ageing Bill

The Minister for the Ageing (Hon D C Wotton), pursuant to order, moved - That he have leave to introduce a Bill for an Act to establish the Office for the Ageing and the Advisory Board on Ageing; to repeal the Commissioner for the Ageing Act 1984; and for other purposes.

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 Ms Stevens, that the debate be adjourned until Tuesday 14 November.


20   Messages from the Legislative Council

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

 

     ABC Current Affairs Programming - Motion re             Message No 16

MR SPEAKER - The Legislative Council informs the House of Assembly that it has passed the Resolution transmitted herewith, and desires the concurrence of the House of Assembly thereto.

 

RESOLUTION REFERRED TO:

     That -

     I. the Legislative Council expresses its concern about the impact of the cessation of local production                                            of the 7.30 Report and other local Current Affairs programmes on the depth and diversity of                current affairs coverage in South Australia;

     II.   the Legislative Council calls on the Board of the Australian Broadcasting Corporation to ensure                                       that the ABC does not centralise the presentation and production of daily ABC Current Affairs
        programmes in Melbourne and Sydney;

     III.  the Legislative Council calls on the Board of the ABC to reverse its decision to cease local                                                       production of the 7.30 Report; and

     IV.   a message be sent to the House of Assembly transmitting the foregoing Resolution and requesting                                              its concurrence thereto, and that the foregoing resolution be referred to the ABC Board and the           Federal Communications Minister, Michael Lee, for their consideration.

     Legislative Council, 25 October 1995              H P K Dunn, PRESIDENT

     Ordered - That the message be taken into consideration on Thursday 16 November.

 

     Classification (Publications, Films and Computer Games) Bill        Message No 17

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled and Act to provide for the establishment and enforcement of schemes for the classification of publications, films and computer games; to repeal the Classification of Films for Public Exhibition Act 1971 and the Classification of Publications Act 1974; to amend the Classification of Theatrical Performances Act 1978; and for other purposes, to which it desires the concurrence of the House of Assembly.

     Legislative Council, 25 October 1995              H P K Dunn, PRESIDENT

 

     Bill read a first time.

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

     Ordered, on motion of Mr Clarke, that the debate be adjourned until Tuesday 14 November.

 

     Statutes Repeal and Amendment (Commercial Tribunal) Bill            Message No 18

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to repeal the Commercial Tribunal Act 1982 and to make certain related amendments; to enact transitional provisions; and for other purposes, to which it desires the concurrence of the House of Assembly.

     Legislative Council, 25 October 1995              H P K Dunn, PRESIDENT

 

     Bill read a first time.

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

     Ordered, on motion of Mr Clarke, that the debate be adjourned until Tuesday 14 November.

 

     Administrative Decisions (Effect of International Instruments) Bill       Message No 19

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act relating to the effect of international instruments on the making of administrative decisions, to which it desires the concurrence of the House of Assembly.

     Legislative Council, 25 October 1995              H P K Dunn, PRESIDENT

 

     Bill read a first time.

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

     Ordered, on motion of Mr Clarke, that the debate be adjourned until Tuesday 14 November.

 


     Workers Rehabilitation and Compensation (Dispute Resolution)

        Amendment Bill                                       Message No 20

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled and Act to amend the Workers Rehabilitation and Compensation Act 1986, with the amendment indicated by the annexed Schedule, to which amendment the Legislative Council desires the concurrence of the House of Assembly.

     Legislative Council, 25 October 1995              H P K Dunn, PRESIDENT

 

Schedule of the amendment made by the Legislative Council

     Page 14 (clause 13) - After line 7 insert new section as follows:-

        “Power to set aside judgements or orders

           88GA. (1) The Tribunal may amend or set aside a judgement or order of the Tribunal -

              (a) by consent of the parties: or

              (b) in order to correct an error; or

              (c) if the interests of justice require that the judgement or order be amended or set                                                aside.

 

(2) The power under subsection (1) may only be exercised by the President or a presidential member or conciliation and arbitration officer to whom the President has delegated the power.

                                       J M Davis CLERK OF THE LEGISLATIVE COUNCIL

 

 

     Ordered - That the Message be taken into consideration forthwith.

 

In Committee

 

     Resolved - That the amendment be agreed to.

 

____________

 

     The House having resumed:

Mr Bass reported that the Committee had considered the amendment referred to it and had agreed to the same without amendment.

 

     Stamp Duties (Miscellaneous) Amendment Bill             Message No 21

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Stamp Duties Act 1923, without any amendment.

     Legislative Council, 25 October 1995              H P K Dunn, PRESIDENT

 

21   South Australian Country Arts Trust (Review) Amendment Bill

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

Debate ensued.

     Question put and passed.

 

     Bill read a second time.

     Proceeded, by leave, to the third reading.

 

     Bill read a third time and passed.

 

22   Paper

     The Speaker laid on the Table:

    

     Members of Parliament - Summary of Travel Expenditure, 1994-95.


23   Adjournment

     House adjourned at 4.33 pm until Tuesday 14 November at 2.00 pm.

____________

 

     Present during the day - All Members except Hon H Allison (on leave).

 

 

 

 

 

 

 

 

 

                                                      G M Gunn

                                                      SPEAKER

 

G D Mitchell

CLERK OF THE HOUSE OF ASSEMBLY