No 12

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

MONDAY 25 OCTOBER 2004

 

 

1       Meeting of House

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

 

2       Petitions Nos 20 to 22

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

 

20 and 21    Hon D C Kotz and Ms Bedford, from 5874 residents and business people from the City of Tea Tree Gully, requesting the House to urge the Government to ensure the operation of a Police Facility/Patrol Base within the City of Tea Tree Gully before the expiry of the term of this Parliament.

 

22   Mr Brokenshire, from 519 members of the Woodcroft Primary School Community, requesting the House to urge the Minister for Transport to instruct TransportSA to approve a Koala School Crossing immediately, and improve new pavement marking on Investigator Drive.

 

3       Answers to questions

Answers to questions on the Notice Paper Nos 116 and 122 were tabled by the Speaker.

 

4       Questions

Questions without notice were asked.

 

5       Grievance debate

On motion of the Speaker, the House noted grievances.

 

6       Suspension of Standing Orders

The Minister for Infrastructure (Hon P F Conlon), moved – That Standing Orders be so far suspended as to enable the Report of the Auditor-General 2003 – 2004 as it relates to the following Ministers to be referred to a Committee of the whole House and for those Ministers to be examined on matters contained therein in accordance with the following timetable –

Minister for Infrastructure, Minister for Energy, Minister for Emergency Services (30 minutes)

Minister for Employment, Training & Further Education, Minister for Youth, Minister for the Status of Women (30 minutes)

Minister for Education and Children’s Services, Minister for Tourism (30 minutes)      

Minister for Environment and Conservation, Minister for the Southern Suburbs (30 minutes).

Question put and passed, without a negative voice, there being present an absolute majority of the whole number of Members of the House.

 

In Committee

Minister for Infrastructure, Minister for Energy, Minister for Emergency Services examined.

Minister for Employment, Training & Further Education, Minister for Youth, Minister for the Status of Women examined.

Minister for Education and Children’s Services, Minister for Tourism examined.

 

         To report progress and ask leave to sit again.

 

____________

 

         The House having resumed:

Ms Thompson reported that the Committee had examined the Ministers on matters contained in the Report referred to it, had made progress therein and asked leave to sit again.

Ordered - That the Committee have leave to sit again on motion.

 

7       Extension of sitting

Ordered, on motion of the Minister for Environment and Conservation (Hon J D Hill), that the sitting of the House be extended beyond 6.00pm.

 

8       Report of the Auditor-General 2003-2004

Ordered - That consideration in Committee of the Report of the Auditor-General 2003 – 2004 be now resumed.

 

In Committee

Minister for Environment and Conservation, Minister for the Southern Suburbs examined.

 

____________

 

         The House having resumed:

Mr Snelling reported that the Committee had further considered the Auditor-General’s Report 2003 - 2004, and had completed its examination of the Minister for Infrastructure, Minister for Energy, Minister for Emergency Services, Minister for Employment, Training & Further Education, Minister for Youth, Minister for the Status of Women, Minister for Education and Children’s Services, Minister for Tourism, Minister for Environment and Conservation and Minister for the Southern Suburbs on matters contained therein.

 

9       Suspension and resumption of sitting

         At 6.14 pm the sitting of the House was suspended.

         At 7.30 pm the Speaker resumed the Chair.

 

10      Suspension and resumption of sitting

         At 7.31 pm the sitting of the House was suspended.

         At 8.06 pm the Speaker resumed the Chair.

 

11      Postponement of business

Ordered - That Notices of Motion: Government Business Nos 1 and 2 be postponed and taken into consideration after Notice of Motion: Government Business No 3.

 

12      Postponement of business

Ordered - That Notice of Motion: Government Business No 3 be postponed until tomorrow.

 

13      Parliamentary Superannuation (Scheme for New Members) Amendment Bill

The Deputy Premier (Hon K O Foley), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Parliamentary Superannuation Act 1974 and to make a related amendment to the Parliamentary Remuneration Act 1990.

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 Hamilton-Smith, that the debate be adjourned until tomorrow.

 

 

 

 

14      Statutes Amendment (Miscellaneous Superannuation Measures No 2) Bill

The Deputy Premier, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Judges' Pensions Act 1971, the Police Act 1998, 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 Minister moved - That this Bill be now read a second time.

         Ordered, on motion of Hon D C Brown, that the debate be adjourned until tomorrow.

 

15      Postponement of business

Ordered - That Order of the Day: Government Business No 1 be postponed until tomorrow.

 

16      Gaming Machines (Miscellaneous) Amendment Bill

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

 

In Committee

Clause No 9 further considered.

 

Mr Williams moved on page 5, lines 32 to 40 and page 6, lines 1 to 10, to delete section 16 and substitute—New section 16

16—Number of gaming machines to be operated under licence

(1)    A gaming machine licence authorises the licensee to possess and operate in the licensed premises a number of gaming machines (not exceeding 32)—

(a)         in the case of a licence granted after the commencement of this section—approved for operation on the licensed premises by the Commissioner; and

(b)         in the case of a gaming machine licence granted before the commencement of this section—determined under subsection (2).

(2)    The number of gaming machines that a licensee is authorised to possess and operate on the licensed premises under a licence granted before the commencement of this section is determined as follows:

(a)         if the Commissioner had approved the operation of 20 or more, the number is reduced by one-fifth (ignoring a fraction of less than one-half and rounding a fraction of one-half or more up to the next integer);

(b)         if the Commissioner had approved the operation of more than 16 but less than 20—the number is reduced to 16; and

(c)         if the Commissioner had approved the operation of 16 or less—the number is as approved by the Commissioner.

(3)    The Commissioner cannot approve the operation of more than 32 gaming machines under a gaming machine licence.

(4)    If 2 or more gaming machine licences are in force in relation to the same licensed premises, the aggregate number of gaming machines approved for operation under the licences cannot exceed 32.

(5)    The Commissioner may grant to the holder of former holder of a gaming machine licence a temporary authorisation to possess (but not to operate) gaming machines if the authorisation is necessary or desirable to enable the orderly disposal of gaming machines the holder or former holder is no longer authorised to operate.

Question – That the amendment be agreed to – put.

 

 

 

 

 

 

 

 

 

 

 

         Committee divided (No 1):

 

           Ayes, 11

 

           Noes, 33

Hon D C Brown

Hon M J Atkinson

Ms Chapman

Ms Bedford

Mr Hamilton-Smith

Ms Breuer

Mr Hanna

Mr Brindal

Mr Koutsantonis

Mr Brokenshire

Hon I P Lewis

Hon M R Buckby

Mr Meier

Mr Caica

Mrs Penfold

Ms Ciccarello

Mr Rau

Hon P F Conlon

Mr Scalzi

Hon I F Evans

Mr Williams (Teller)

Hon K O Foley

 

Mrs Geraghty

 

Mr Goldsworthy

 

Hon G M Gunn

 

Mrs Hall

 

Hon J D Hill

 

Hon R G Kerin

 

Hon S W Key

 

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

 

Hon J W Weatherill

 

Hon P L White

 

Hon M J Wright (Teller)

 

         So it passed in the negative.

 

Mr Hanna moved on page 6, line 1, to delete “40” and substitute “32”

 

         To report progress and ask leave to sit again.

 

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         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.

 

17      Extension of time for adjournment

Ordered, on motion of the Minister for Administrative Services (Hon M J Wright), that the time for moving the adjournment of the House be extended beyond 10.00 pm.

 

18      Suspension of Standing Orders

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

Debate ensued.

Question put and there being a negative voice.

 

 

 

 

 

 

 

 

 

 

         House divided (No 2):

 

           Ayes, 25

           Noes, 21

 

Hon M J Atkinson

Mr Brindal

Ms Bedford

Mr Brokenshire

Ms Breuer

Hon D C Brown

Mr Caica

Hon M R Buckby

Ms Ciccarello

Ms Chapman

Hon P F Conlon

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 Hamilton-Smith

Mr Koutsantonis

Mr Hanna

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

Mrs Penfold

Hon M D Rann

Mrs Redmond

Mr Rau

Mr Scalzi

Mr Snelling

Mr Venning

Hon L Stevens

Mr Williams

Hon R B Such

Mr Meier (Teller)

Ms Thompson

 

Hon J W Weatherill

 

Hon P L White

 

Hon M J Wright (Teller)

 

 

         So it was resolved in the affirmative.

 

19      Gaming Machine (Miscellaneous) Amendment Bill

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

 

In Committee

Mr Hanna’s amendment to clause No 9 further considered.

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

Clause No 9 agreed to.

Clause No 10 agreed to.

Clause No 11 read.

 

Question – That the clause stand as published – put.

         Committee divided (No 3):

 

           Ayes, 27

           Noes, 19

 

Hon M J Atkinson

Mr Brindal

Ms Bedford

Hon D C Brown

Ms Breuer

Hon M R Buckby

Mr Brokenshire

Hon I F Evans

Mr Caica

Mr Goldsworthy

Ms Chapman

Mrs Hall

Ms Ciccarello

Mr Hamilton-Smith

Hon P F Conlon

Mr Hanna

Hon K O Foley

Hon D C Kotz

Mrs Geraghty

Mr Koutsantonis

Hon G M Gunn

Hon I P Lewis

Hon J D Hill

Hon W A Matthew

Hon R G Kerin

Dr McFetridge

Hon S W Key

Mrs Penfold

Hon J D Lomax-Smith

Mr Rau

Hon K A Maywald

Mrs Redmond

Hon R J McEwen

Mr Scalzi

Mr O'Brien

Mr Williams

Ms Rankine

Mr Meier (Teller)

Hon M D Rann

 

Mr Snelling

 

Hon L Stevens

 

Ms Thompson

 

Mr Venning

 

Hon J W Weatherill

 

Hon P L White

 

Hon M J Wright (Teller)

 

 

         So it was resolved in the affirmative.

 

Clause No 12 read.

 

Mr O’Brien moved on page 8, lines 6 to 19, New section 27C, to delete paragraphs (a), (b) and (c) and insert -

(a)       if—

(i) the Commissioner has approved the operation of 20 gaming machines or less under the licence; or

(ii)            the Commissioner has approved the operation of more than 20 gaming machines under the licence and the licensee is a non-profit association,

the Commissioner is to issue to the licensee a number of gaming machine entitlements equivalent to the number approved by the Commissioner; and

(b)       if—

(i)   the Commissioner has approved the operation of more than 20 but not more than 28 gaming machines under the licence; and

(ii)  the licensee is not a non-profit association,

the Commissioner is to issue 20 gaming machine entitlements to the licensee; and

(c)       if—

(i) the Commissioner has approved the operation of more than 28 gaming machines under the licence; and

(ii)            the licensee is not a non-profit association,

the Commissioner is to issue to the licensee a number of gaming machine entitlements calculated by subtracting 8 from the approved number.

 

____________

 

It being Midnight

TUESDAY 26 OCTOBER

____________

 

 

Mr Brindal moved – That the Committee report progress.

Question put.

 

         Committee divided (No 4):

 

           Ayes, 20

 

           Noes, 25

Mr Brokenshire

Hon M J Atkinson

Hon D C Brown

Ms Bedford

Hon M R Buckby

Ms Breuer

Ms Chapman

Mr Caica

Hon I F Evans

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 J D Hill

Hon D C Kotz

Hon S W Key

Hon I P Lewis

Mr Koutsantonis

Dr McFetridge

Hon J D Lomax-Smith

Mr Meier

Hon K A Maywald

Mrs Penfold

Hon R J McEwen

Mrs Redmond

Mr O'Brien

Mr Scalzi

Ms Rankine

Mr Venning

Hon M D Rann

Mr Williams

Mr Rau

Mr Brindal (Teller)

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.

 

 

 

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

Question put and negatived.

 

Amendment to amendment

Hon R G Kerin moved to amend the amendment by deleting “28” and substituting “24” in paragraph (b) (i), deleting “28” and substituting “24” in paragraph (c) (i) and deleting the words “calculated by subtracting 8 from the approved number” and substituting “equivalent to the number of gaming machines approved under the licence reduced by one-fifth (ignoring a fraction of less than one-half and rounding a fraction of one-half or more up to the next integer).” in paragraph (c)

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

 

         Committee divided (No 5):

 

           Ayes, 21

 

           Noes, 24

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

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

Mr Hamilton-Smith

Hon S W Key

Mr Hanna

Mr Koutsantonis

Hon D C Kotz

Hon I P Lewis

Hon K A Maywald

Hon J D Lomax-Smith

Dr McFetridge

Hon R J McEwen

Mr Meier

Mr O'Brien

Mrs Penfold

Ms Rankine

Mrs Redmond

Hon M D Rann

Mr Scalzi

Mr Rau

Mr Venning

Mr Snelling

Mr Williams

Hon L Stevens

Hon R G Kerin (Teller)

Ms Thompson

 

Hon J W Weatherill

 

Hon P L White

 

Hon M J Wright (Teller)

 

 

 

 

 

 

 

 

 

         So it passed in the negative.

 

Question – That the amendment be agreed to – put.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

         Committee divided (No 6):

 

           Ayes, 25

 

           Noes, 20

Ms Bedford

Hon M J Atkinson

Mr Brokenshire

Ms Breuer

Hon D C Brown

Mr Brindal

Hon M R Buckby

Hon P F Conlon

Mr Caica

Hon K O Foley

Ms Chapman

Hon G M Gunn

Ms Ciccarello

Mrs Hall

Hon I F Evans

Hon J D Hill

Mrs Geraghty

Hon S W Key

Mr Goldsworthy

Hon D C Kotz

Mr Hamilton-Smith

Mr Koutsantonis

Mr Hanna

Hon I P Lewis

Hon R G Kerin

Mr Meier

Hon J D Lomax-Smith

Mr Rau

Hon K A Maywald

Mrs Redmond

Hon R J McEwen

Mr Scalzi

Dr McFetridge

Hon J W Weatherill

Mrs Penfold

Hon P L White

Ms Rankine

Mr Williams

Hon M D Rann

Hon M J Wright (Teller)

Mr Snelling

 

Hon L Stevens

 

Ms Thompson

 

Mr Venning

 

Mr O'Brien  (Teller)

 

 

         So it was resolved in the affirmative.

 

Mr Meier moved – That the Committee report progress.

Question put.

 

         Committee divided (No 7):

 

           Ayes, 20

 

           Noes, 25

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

Hon I F Evans

Hon P F Conlon

Mr Goldsworthy

Hon K O Foley

Hon G M Gunn

Mrs Geraghty

Mrs Hall

Mr Hanna

Mr Hamilton-Smith

Hon J D Hill

Hon R G Kerin

Hon S W Key

Hon D C Kotz

Mr Koutsantonis

Hon I P Lewis

Hon J D Lomax-Smith

Dr McFetridge

Hon K A Maywald

Mrs Penfold

Hon R J McEwen

Mrs Redmond

Mr O'Brien

Mr Scalzi

Ms Rankine

Mr Venning

Hon M D Rann

Mr Williams

Mr Rau

Mr Meier  (Teller)

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.

 

         Chairman’s ruling – disagreement to

The Chairman, on a point of order being raised, ruled that as Joint Standing Orders (Private Bills) had already been suspended so that this hybrid bill could be considered in the Committee of the whole without reference to a select committee, there was no requirement to re-address the hybrid nature of the bill in relation to any amendment to it that would have the effect of further hybridising it.

Objection being taken to the ruling of the Chairman by Hon I F Evans:

The Speaker, having resumed the Chair, upheld the ruling of the Chairman.

 

Speaker’s ruling – disagreement to

Hon I F Evans moved – That the ruling of the Speaker be disagreed with.

Debate ensued.

Question put.

 

         House divided (No 8):

 

           Ayes, 18

 

           Noes, 26

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 J D Hill

Hon D C Kotz

Hon S W Key

Mr Meier 

Mr Koutsantonis

Mrs Penfold

Hon J D Lomax-Smith

Mrs Redmond

Hon K A Maywald

Mr Scalzi

Hon R J McEwen

Mr Venning

Mr O'Brien

Mr Williams

Ms Rankine

Hon I F Evans (Teller)

Hon M D Rann

 

Mr Rau

 

Mr Snelling

 

Hon L Stevens

 

Hon R B Such

 

Ms Thompson

 

Hon J W Weatherill

 

Hon P L White

 

Hon M J Wright (Teller)

 

 

 

         So it passed in the negative.

 

The Speaker left the Chair and the House resolved itself into a Committee of the whole.

 

In Committee

Clause No 12 further considered.

 

Hon R B Such moved on page 8, after line 19, to insert new subsection (1a)—

(1a)    If, however, the licensee agrees to a variation of the conditions of the licence under which, in each day, there is to be a period of at least 8 hours, or there are to be two periods amounting in aggregate to at least 8 hours, during which the machines are not to be available for use by the public, the Commissioner is to assign to the licensee a number of gaming machine entitlements equivalent to the number of gaming machines approved for operation under the licence immediately before the commencement of this Division.

 

 

         To report progress and ask leave to sit again.

 

____________

 

         The House having resumed:

Ms Thompson reported that the Committee had further 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.

 

20      Adjournment

House adjourned at 3.22 am until today at 2.00 pm.

 

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MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

            For Tuesday 26 October 2004

 

Notice of Motion: Government Business -

 

The Minister for Health to move – That she have leave to introduce a Bill for an Act to amend the Controlled Substances Act 1984.

 

 

            For Wednesday 27 October 2004

 

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

 

Ms Chapman to move – That she have leave to introduce a Bill for an Act to amend the Education Act 1972.

 

            For Thursday 25 November 2004

 

Notice of Motion: Other Motions -

 

Hon D C Kotz to move – That this House acknowledges the Government's recently announced preliminary issues paper entitled ‘Young Offenders - Breaking The Cycle’ and notes that the Social Inclusion Board will consider preventing and reducing criminal activities by young people as a Social Inclusion Reference.

 

 

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Present during the day - All Members.

 

 

 

 

 

                                                                                                                        Peter Lewis

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY