No 12

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

MONDAY 5 JUNE 2006

 

 

1       Meeting of House

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

 

2       Environment, Resources and Development Committee - Report – Upper South East Dryland Salinity and Flood Management Act 2002 Report July 2004 – June 2005

Ms Breuer brought up the 58th Report of the Committee on the Upper South East Dryland Salinity and Flood Management Act 2002 Report July 2004 – June 2005.

Report received.

Ordered to be published (Paper No 191).

 

3       Questions

Questions without notice were asked.

 

4       Grievance debate

On motion of the Speaker, the House noted grievances.

 

5       Message from the Legislative Council

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

 

         Institute of Medical and Veterinary Science (Miscellaneous) Amendment Bill                                                                  Message No 11

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Institute of Medical and Veterinary Science Act 1982, without any amendment.

         Legislative Council, 1 June 2006                                                     R K Sneath, PRESIDENT

 

6       Statutes Amendment (Road Transport Compliance and Enforcement) Bill

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

 

In Committee

Clause No 2 further considered.

 

Hon G M Gunn moved on page 6, line 7, to delete "Part 2 or section 16" and substitute:

this Act

Question – That the amendment be agreed to – put and negatived.

 

Hon G M Gunn moved on page 6, after line 7, to insert the following -

insert:

     (3)     The Minister must not recommend to the Governor that a proclamation be made bringing this Act, or part of this Act, into operation unless the Minister is satisfied that—

     (a)     an adequate exercise has been undertaken to inform all sections of the public of the contents of this Act and to invite and consider the representations of the public as to contents of this Act and its commencement; or

     (b)     similar legislation has been enacted in all other States of the Commonwealth.

Question – That the amendment be agreed to – put and negatived.

 

Clause No 2 agreed to.

Clause No 3 agreed to.

Clause No 4 read.

 

Hon G M Gunn moved on page 7, lines 30 to 32, to delete subclause (3) and substitute:

     (3)     A direction under this section must—

     (a)     be given in writing; and

     (b)     state the grounds on which the direction is given; and

     (c)     state the name and telephone number of the police officer to whom the police officer giving the direction reports (and such other police officer must consider any objection to the direction and may revoke the direction if appropriate).

Question – That the amendment be agreed to – put and negatived.

 

                                                Clause No 4 agreed to.

                                                Clause No 5 read.

 

Hon G M Gunn moved on page 12, line 2 to delete "residence or"

Question – That the amendment be agreed to – put and negatived.

 

Hon G M Gunn moved on page 12, lines 33 and 34 to delete paragraph (a)

Question – That the amendment be agreed to – put and negatived.

 

Hon G M Gunn moved on page 17, lines 39 to 43 and page 18, lines 1 to 30 to delete all words in these lines and substitute:

      responsible person, in relation to a vehicle, means the owner, operator or driver of the vehicle or any other person who controls or directly influences the operation or loading of the vehicle;

         Question – That the amendment be agreed to – put.

         Committee divided (No 1):

 

           Ayes, 11

 

           Noes, 26

Ms Chapman

Hon M J Atkinson

Mr Goldsworthy

Ms Bedford

Mr Hamilton-Smith

Mr Bignell

Dr McFetridge

Ms Breuer

Mr Pederick

Hon P Caica

Mrs Penfold

Ms Ciccarello

Mr Pengilly

Hon K O Foley

Mrs Redmond

Miss Fox

Mr Venning

Hon J D Hill

Mr Williams

Hon S W Key

Hon G M Gunn (Teller)

Mr Kenyon

 

Mr Koutsantonis

 

Hon J D Lomax-Smith

 

Hon K A Maywald

 

Hon R J McEwen

 

Mr O'Brien

 

Mr Piccolo

 

Ms Portolesi

 

Hon J M Rankine

 

Hon M D Rann

 

Mr Rau

 

Ms Simmons

 

Hon J J Snelling

 

Hon J W Weatherill

 

Hon M J Wright

 

Hon P F Conlon (Teller)

 

         So it passed in the negative.

 

 

 

 

 


         Question – That the clause stand as printed – put.

         Committee divided (No 2):

 

           Ayes, 27

           Noes, 13

 

Hon M J Atkinson

Ms Chapman

Ms Bedford

Mr Goldsworthy

Mr Bignell

Mr Hamilton-Smith

Ms Breuer

Hon R G Kerin

Hon P Caica

Dr McFetridge

Ms Ciccarello

Mr Pederick

Hon K O Foley

Mrs Penfold

Miss Fox

Mr Pengilly

Mrs Geraghty

Mr Pisoni

Hon J D Hill

Mrs Redmond

Hon S W Key

Mr Venning

Mr Kenyon

Mr Williams

Mr Koutsantonis

Hon G M Gunn (Teller)

Hon J D Lomax-Smith

 

Hon K A Maywald

 

Hon R J McEwen

 

Mr O'Brien

 

Mr Piccolo

 

Ms Portolesi

 

Hon J M Rankine

 

Hon M D Rann

 

Mr Rau

 

Ms Simmons

 

Hon J J Snelling

 

Hon J W Weatherill

 

Hon M J Wright

 

Hon P F Conlon (Teller)

 

 

         So it was resolved in the affirmative.

 

                                                Clause Nos 6 read.

 

Hon G M Gunn moved on page 20, lines 38 to 41 and page 21, lines 1 to 16 to delete proposed new section 9.

Question – That the amendment be agreed to – put and negatived.

 

                                                Clause No 6 agreed to.

                                                Clauses Nos 7 to 13 agreed to.

                                                Clause No 14 read.

 

Hon G M Gunn moved on page 22, line 25 to delete "may but need not" and substitute:

      must

Question – That the amendment be agreed to – put and negatived.

 

Mr Hamilton-Smith moved on page 24, after line 5 to insert:

      Penalty: $2 500.

Question – That the amendment be agreed to – put and negatived.

 

Mr Hamilton-Smith moved on page 24, after line 8 to delete "; or" and substitute:

      ; and

Question – That the amendment be agreed to – put and negatived.

 

Mr Hamilton-Smith moved on page 24, after line 10 to insert:

      Penalty: $2 500.

Question – That the amendment be agreed to – put and negatived.

 

         Hon G M Gunn moved on page 29, after line 3 to insert:

      (5a) Subsection (5) does not apply if the direction is unreasonable.

 

         To report progress and ask leave to sit again.

 

____________

 

         The House having resumed:

Mr Koutsantonis 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.

 

 

____________

 

7       Adjournment

The House adjourned at 5.58 pm until tomorrow at 2.00 pm.

 

 

____________

 

 

MOTION OF WHICH NOTICE WAS GIVEN

 

 

            For Wednesday 7 June 2006

 

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

 

Ms Breuer to move – That the 58th Report of the Environment, Resources and Development Committee entiled South East Dryland and Flood Management Act 2002 Report - 2004-05 be noted.

 

 

____________

 

 

Present during the day - All Members except Mr Griffiths, Mr Hanna, Hon L Stevens and Ms Thompson.

 

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

 

         Division No 1 -

               Ayes - Hon I F Evans, Mr Griffiths and Hon R G Kerin.

               Noes - Mrs Geraghty, Hon L Stevens and Ms Thompson.

 

         Division No 2 -

               Ayes - Hon L Stevens and Ms Thompson.

               Noes - Hon I F Evans and Mr Griffiths.

 

 

 

 

 

 

                                                                                                                        Hon J J Snelling

                                                                                                                        SPEAKER

 

Malcolm Lehman

ACTING CLERK OF THE HOUSE OF ASSEMBLY