No 13

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

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TUESDAY 6 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       Petition No 13

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

 

13     Ms Chapman, from 2055 residents of South Australia, requesting the House to urge the Government to introduce legislation to establish an independent inquiry into property-based taxation; raise the land tax threshold; prevent bracket-creep and review the effects of the tax on the community.

 

3       Papers

         The following Papers were tabled:

 

By the Minister for Transport (Hon P F Conlon) –

      Development Act – Development Plan Amendment Reports –

                  Adelaide Hills Council – Miscellaneous Amendments

                  Wattle Range Council – Primary Industry 2 Zone

 

By the Attorney-General (Hon M J Atkinson) –

      Dangerous Area Declarations – Statistical Return for the period 1 January 2006 to 31 March 2006

      Road Block Establishment Authorisations – Statistical Return for the period 1 January 2006 to 31 March 2006.

      Regulations under the following Act –

                  Legal Practitioners – Fees

 

By the Minister for Health (Hon J D Hill) –

      Controlled Substances Advisory Council – Report 2004-2005

      Public and Environmental Health Council – Report 2004-2005

      Upper South East Dryland Salinity and Flood Management Act 2002 – Quarterly Report for the period 1 January 2006 – 31 March 2006

 

By the Minister for Industrial Relations (Hon M J Wright) –

      Regulations under the following Act –

                  Occupational Health, Safety and Welfare – Amusement Structures

 

By the Minister for State/Local Government Relations (Hon J M Rankine) –

      Rules –

                  Local Government – Superannuation Board – Successor Fund Transfer

      Local Council By-Laws –

                  Yorke Peninsula, District Council of – No. L – Port Vincent Marina.

 

4       Questions

Questions without notice were asked.

 

5       Grievance debate

On motion of the Speaker, the House noted grievances.

 

6       Postponement of business

Ordered - That Order of the Day: Government Business No 1 be postponed and taken into consideration after Order of the Day: Government Business No 2.

 

7       City of Adelaide (Representation 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 resumed.

         Question put and passed.

 

         Bill read a second time.

 

In Committee

Clauses Nos 1 to 5 agreed to.

Title agreed to.

 

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         The House having resumed:

Ms Thompson reported that the Committee had considered the Bill referred to it and had agreed to the same without amendment.

 

Bill read a third time and passed.

 

8       Statutes Amendment (Road Transport Compliance and Enforcement) Bill

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

 

In Committee

Hon G M Gunn’s amendment further considered.

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

 

Hon G M Gunn moved on page 29, after line 12, to insert the following —

    (1a)    Subsection (1) does not apply in relation to a vehicle that is carrying livestock.

Question – That the amendment be agreed to – put.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

         Committee divided (No 1):

 

           Ayes, 15

 

           Noes, 30

Ms Chapman

Hon M J Atkinson

Hon I F Evans

Ms Bedford

Mr Goldsworthy

Mr Bignell

Mr Griffiths

Ms Breuer

Mr Hamilton-Smith

Hon P Caica

Hon R G Kerin

Ms Ciccarello

Dr McFetridge

Hon K O Foley

Mr Pederick

Miss Fox

Mrs Penfold

Mrs Geraghty

Mr Pengilly

Mr Hanna

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 L Stevens

 

Hon J J Snelling

 

Hon J W Weatherill

 

Hon P L White

 

Hon M J Wright

 

Hon P F Conlon (Teller)

 

         So it passed in the negative.

 

Hon G M Gunn moved on page 29, after line 21, to insert the following —

    (2a)    Subsection (2) does not apply if the direction is unreasonable.

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

 

Mr Hamilton-Smith moved on page 29, lines 22 and 23, to delete subclause (3).

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

 

Hon G M Gunn moved on page 29, line 36, to delete "30" and substitute: 20

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

 

Hon G M Gunn moved on page 32, after line 16, to insert the following —

     (3)     If an authorised officer or police officer gives a person a direction under this Subdivision otherwise than in writing, the authorised officer or police officer must cause the person to be given a notice in writing setting out the terms of the direction within 24 hours.

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

 

Hon G M Gunn moved on page 33, lines 37 to 41, to delete subclause (4).

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

 

Mr Hamilton-Smith moved on page 36, line 6, before "vehicle" insert:

heavy

 

         To report progress and ask leave to sit again.

 

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         The House having resumed:

Ms Thompson 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.

 

9       Messages from the Legislative Council

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

 

         River Torrens Linear Park Bill                                                                Message No 12

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to provide for the protection of the River Torrens Linear Park as a world-class asset to be preserved as an urban park for the benefit of present and future generations; to repeal the River Torrens Acquisition Act 1970; and for other purposes, to which it desires the concurrence of the House of Assembly.

         Legislative Council, 6 June 2006                                                     R K Sneath, PRESIDENT

 

         Bill read a first time.

         Ordered – That the second reading be an Order of the Day for tomorrow.

 

         Criminal Law Consolidation (Dangerous Driving) Amendment Bill        Message No 13

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Criminal Law Consolidation Act 1935, to which it desires the concurrence of the House of Assembly.

         Legislative Council, 6 June 2006                                                     R K Sneath, PRESIDENT

 

         Bill read a first time.

         Ordered – That the second reading be an Order of the Day for tomorrow.

 

10      Adjournment

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

 

 

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MOTION OF WHICH NOTICE WAS GIVEN

 

 

            For Wednesday 7 June 2006

 

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

 

Mr Hanna to move – That he have leave to introduce a Bill for an Act to amend the Road Traffic Act 1961.

 

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Present during the day - All Members except Mrs Penfold.

 

 

 

 

 

                                                                                                                        Hon J J Snelling

                                                                                                                        SPEAKER

 

Malcolm Lehman

ACTING CLERK OF THE HOUSE OF ASSEMBLY