No 13

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

TUESDAY 26 OCTOBER 2004

 

 

1       Meeting of House

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

 

2       Petition No 23

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

 

23   Mrs Geraghty, from 3165 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.

 

3       Papers

         The Speaker laid on the Table the following Paper:

 

      Cleve, District Council of – Report 2003-2004.

 

         The following Papers were tabled:

 

By the Premier (Hon M D Rann) -

Funding Transfers from Social Inclusion Unit to the Chief Executive of the Department of Social Justice – Memo - Mr Warren McCann, Chief Executive, Department of Premier and Cabinet – 26 October 2004

 

By the Deputy Premier (Hon K O Foley) –

      South Australian Motor Sport Board – 2003-04

 

By the Treasurer (Hon K O Foley) –

Department of Treasury and Finance – Report 2003-2004

Distribution Lessor Corporation – Report 2003-2004

Essential Services Commission of South Australia – Report 2003-2004

Funds SA – Report 2003-2004

Generation Lessor Corporation – Report 2003-2004

Lotteries Commission of South Australia – Report 2003-2004

Motor Accident Commission – Report 2003-2004

Police Superannuation Board – Report 2003-2004

RESI Corporation – Part 1 Chief Executive Officer’s Report – Report 2003-2004

SAICORP (South Australian Government Captive Insurance Corporation) – Report 2003-2004

South Australian Asset Management Corporation – Report 2003-2004

South Australian Government Financing Authority SAFA – Report 2003-2004

South Australian Parliamentary Superannuation Scheme – Report 2003-2004

Super SA Board – Report 2003-2004

Transmission Lessor Corporation – Report 2003-2004

 

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

      Regulations under the following Act –

                  Electricity – Bushfire Risk

 

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

      Director of Public Prosecutions – Report 2003-2004

      Guardianship Board – Report 2003-2004

      Legal Practitioners Education and Admission Council – Report 2003-2004

      Legal Services Commission of South Australia – Report 2003-2004

      Office of the Public Advocate – Report 2003-2004

      South Australian Classification Council – Report 2003-2004

      State Electoral Office – Report 2003-2004

      Telecommunications (Interception) Act 1988 – Report 2003-2004

 

      Regulations under the following Act –

                  Victims of Crime – Statutory Compensation

      Rules of Court –

                  Magistrates Court – Amendment No 22 – Debtors

                  Supreme Court – Amendment No 16 – Criminal Rules

 

By the Minister for Health (Hon L Stevens) –

      South Australian Abortion Reporting Committee – Report 2003-2004

 

By the Minister for Environment and Conservation (Hon J D Hill) –

Animal Welfare Advisory Committee – Report 2003-2004

Land Board – Report 2003-2004

South Australian National Parks and Wildlife Council – Report 2003-2004

Wildlife Advisory Committee – Report 2003-2004

Upper South East Dryland Salinity and Flood Management Act 2002 – Quarterly Report 1 April 2004 to 30 June 2004

 

By the Minister for Employment, Training and Further Education (Hon S W Key) –

      Regulations under the following Act –

                  Technical and Further Education – Classifications

 

By the Minister for Administrative Services (Hon M J Wright) –

      Freedom of Information Act 1991 – Report 2003-2004

      State Records of South Australia – Administration of the State Records Act 1997 – Report 2003-2004

 

      Regulations under the following Act –

                  Freedom of Information – Members of Parliament

 

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

Industrial Relations Commission, President and Senior Judge Industrial Relations Court – Report 2003-2004

Australian Government National Occupational Health and Safety Commission – National Code of Practice for Noise Management and Protection of Hearing at Work 3rd Edition – June 2004

 

      Regulations under the following Act –

                  Workers Rehabilitation and Compensation – Anaesthetic Services

 

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

      South Australian Tourism Commission – Report 2003-2004

 

By the Minister for Housing (Hon J W Weatherill) –

      HomeStart Finance – Report 2003-2004

      South Australian Community Housing Authority – Report 2003-2004

      South Australian Aboriginal Housing Authority – Report 2003-2004

      South Australian Housing Trust – Report 2003-2004

 

      Regulations under the following Act –

                  Housing and Urban Development (Administrative Arrangements) – Board of Management

 

By the Minister for the Ageing (Hon J W Weatherill) –

      Office for the Ageing – Report 2003-2004

 

By the Minister for Agriculture, Food and Fisheries (Hon R J McEwen) –

      Advisory Board of Agriculture – Report 2003-2004

      PIRSA – Primary Industries and Resources SA – Report 2003-2004

 

      Regulations under the following Act –

                  Fisheries – Cockles

 

By the Minister for State/Local Government Relations (Hon R J McEwen) –

      Local Council By-Laws –

                  District Council of Cleve

                        No. 1 – Permits and Penalties

                        No. 2 – Moveable Signs

                        No. 3 – Roads

                        No. 4 – Local Government Land

 

By the Minister for Forests (Hon R J McEwen) –

               South Australian Forestry Corporation – Report 2003-2004

 

By the Minister for Consumer Affairs (Hon K A Maywald) –

      Regulations under the following Act –

                  Liquor Licensing – Long Term Dry Areas – Berri and Barmera.

 

4       Joint Committee on a Code of Conduct for Members of Parliament – Report

Mr Rau brought up the Report of the Joint Committee on a Code of Conduct for Members of Parliament.  (Paper No 182 )

Report received.

 

5       Aboriginal Lands Parliamentary Standing Committee – Report – Annual Report 2003 - 2004

Ms Breuer brought up the 1st  Report of the Committee being the Annual Report 2003 – 2004.

Report received.

Ordered to be published (Paper No 181).

 

6       Questions

Questions without notice were asked.

Ordered on motion of the Deputy Leader of the Opposition (Hon D C Brown), that the period for asking questions without notice be extended to enable the Opposition to ask one further question.

Questions without notice resumed.

 

7       Grievance debate

On motion of the Speaker, the House noted grievances.

 

8       Criminal Law Consolidation (Child Pornography) Amendment Bill

The Attorney-General, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Criminal Law Consolidation Act 1935 and to make consequential amendments to the Summary Offences Act 1953.

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 Brokenshire, that the debate be adjourned until tomorrow.

 

9       Controlled Substances (Repeal of Sunset Provision) Bill

The Minister for Health (Hon L Stevens), pursuant to notice, moved - That she 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 Mr Brokenshire, that the debate be adjourned until tomorrow.

 

10      Correctional Services (Parole) Amendment Bill

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

The Minister for Environment and Conservation (Hon J D Hill), moved - That this Bill be now read a second time.

         Ordered, on motion of Mr Brokenshire, that the debate be adjourned until tomorrow.

 

11      Gaming Machine (Miscellaneous) Amendment Bill

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

 

In Committee

Hon R B Such’s amendment to clause No 12 further considered.

 

Amendment to amendment

Hon W A Matthew moved to amend the amendment by deleting both references to “8” and substitute “10”

 

The Deputy Premier (Hon K O Foley), moved – That the question be now put.

Question put.

 

         Committee divided (No 1):

 

           Ayes, 24

           Noes, 20

 

Ms Bedford

Mr Brindal

Ms Breuer

Mr Brokenshire

Mr Caica

Hon D C Brown

Ms Ciccarello

Hon M R Buckby

Hon P F Conlon

Hon I F Evans

Hon K O Foley

Mr Goldsworthy

Mrs Geraghty

Mrs Hall

Hon G M Gunn

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

Hon W A Matthew

Hon J D Lomax-Smith

Dr McFetridge

Hon K A  Maywald

Mr Meier

Hon R J McEwen

Mrs Penfold

Mr O'Brien

Mr Scalzi

Ms Rankine

Hon R B Such

Hon M D Rann

Mr Venning

Mr Rau

Mr Williams

Mr Snelling

Mrs Redmond (Teller)

Hon L Stevens

 

Hon J W Weatherill

 

Hon P L White

 

Hon M J Wright (Teller)

 

 

         So it was resolved in the affirmative.

 

 

 

 

 

 

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

 

         Committee divided (No 2):

 

           Ayes, 13

 

           Noes, 31

Mr Brindal

Ms Bedford

Mr Brokenshire

Ms Breuer

Hon D C Brown

Hon M R Buckby

Mr Hamilton-Smith

Mr Caica

Mr Hanna

Ms Ciccarello

Hon I P Lewis

Hon P F Conlon

Mr Meier

Hon I F Evans

Mrs Penfold

Hon K O Foley

Mr Scalzi

Mrs Geraghty

Hon R B Such

Mr Goldsworthy

Mr Venning

Hon G M Gunn

Mr Williams

Mrs Hall

Hon W A Matthew (Teller)

Hon J D Hill

 

Hon R G Kerin

 

Hon S W Key

 

Hon D C Kotz

 

Mr Koutsantonis

 

Hon J D Lomax-Smith

 

Hon K A Maywald

 

 

Hon R J McEwen

 

Dr McFetridge

 

Mr O'Brien

 

Ms Rankine

 

Hon M D Rann

 

Mr Rau

 

Mrs Redmond

 

Mr Snelling

 

Hon L Stevens

 

Hon J W Weatherill

 

Hon P L White

 

Hon M J Wright (Teller)

 

         So it passed in the negative.

 

         Acting Chairman’s ruling – disagreement to

The Acting Chairman, on a point of order being raised, ruled that it was in order for her to remain in the Chair while the Chair of Committees was contributing to the debate including during the putting of the question on his proposed amendment.  Additionally, the Acting Chairman ruled that the question be put in respect of both amendments that were currently under consideration.

 

Objection being taken to the ruling of the Chairman by Hon I P Lewis.

The Speaker, having resumed the Chair, disagreed with the ruling of the Acting Chairman.

 

Acting Chairman’s ruling –

The Speaker moved – That the ruling of the Acting Chairman be disagreed with.

Debate ensued.

Question put.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

         House divided (No 3):

 

           Ayes, 19

 

           Noes, 24

Mr Brindal

Ms Bedford

Mr Brokenshire

Ms Breuer

Hon D C Brown

Mr Caica

Hon M R Buckby

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 W A Matthew

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

Hon M D Rann

Mr Venning

Mr Rau

Mr Williams

Mr Snelling

Hon D C Kotz (Teller)

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.

 

Question – That the amendment be agreed to – put.

 

         Committee divided (No 4):

 

           Ayes, 19

 

           Noes, 24

Mr Brindal

Ms Bedford

Mr Brokenshire

Ms Breuer

Hon D C Brown

Mr Caica

Hon M R Buckby

Ms Ciccarello

Hon I F Evans

Hon P F Conlon

Mrs Hall

Hon K O Foley

Mr Hamilton-Smith

Mr Goldsworthy

Hon R G Kerin

Hon G M Gunn

Hon D C Kotz

Mrs Geraghty

Hon I P Lewis

Mr Hanna

Hon W A Matthew

Hon J D Hill

Dr McFetridge

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 R B Such (Teller)

Mr Rau

 

Mr Snelling

 

Hon L Stevens

 

Hon J W Weatherill

 

Hon P L White

 

Hon M J Wright (Teller)

 

         So it passed in the negative.

 

 

 

 

 

 

 

Mr Venning moved on page 8, after line 42, to insert new clause—

27CA—Issue of new gaming machine entitlements in special cases

(1)     The Commissioner may issue new gaming machine entitlements (not exceeding 5) to an applicant for a gaming machine licence if satisfied that it is necessary to do so in order to preserve the social life of a small country town.

(2)     A small country town is a town with not more than 2 000 residents.

(3)     A gaming machine entitlement issued under this section—

(a)         is to be issued on conditions limiting its transferability; and

(b)         cannot be transferred contrary to any such condition.

 

The Minister for Infrastructure (Hon P F Conlon), moved – That the question be now put.

 

Motion, by leave, withdrawn.

 

         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.

 

12      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.

 

13      Gaming Machines (Miscellaneous) Amendment Bill

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

 

In Committee

Mr Venning’s amendment to clause No 12 further considered.

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

 

Mr Brokenshire moved on page 9, lines 18 to 41 and page 10, lines 1 to 7, to delete subsections (2) and (3) of proposed new section 27D and insert:

            (2)        The approved trading system is a system under which—

(a)         the holder of gaming machine entitlements may offer them for sale; and

(b)         intending purchasers may offer to purchase gaming machine entitlements.

(3)       The Minister will appoint an agency or instrumentality of the Crown to be the operator of the approved trading system.

            (4)        The following provisions govern the operation of the approved trading system:

(a)       a prospective vendor of gaming machine entitlements is required, as a condition of participating in the approved trading system, to surrender gaming machine entitlements to the Crown as required in subsection (5);

(b)       the gaming machine entitlements offered for sale will be included in a pool of gaming machine entitlements available for sale; and

(c)       the gaming machine entitlements are to be sold at a price of $50 000 each; and

(d)       trading in gaming machine entitlements is to occur on trading days falling at periodic intervals (at least quarterly) determined by the operator of the approved trading system (but the first such trading day must fall within 2 months after the commencement of this Division); and

(e)       trading is to take place by a system of random allocation under which each gaming machine entitlement available for sale is allocated to an intending purchaser until (subject to availability) each intending purchaser has received one gaming machine entitlement; if gaming machine entitlements then remain available for sale, they will then be allocated randomly among intending purchasers who have offered to purchase 2 or more until (subject to availability) each such intending purchaser has received 2 entitlements; and so on;

(f)        a preferential allocation will, however, be made to intending purchasers who had registered their offers on or before the first trading day and received on the commencement of this Division a number of gaming machine entitlements less than 80% of the number of gaming machines approved for operation on their licensed premises immediately before that commencement; but the preferential rights of intending purchasers to which this paragraph applies cease when the number of entitlements held by them reaches 80% of that number or their offers to purchase are satisfied in full (whichever first occurs);

(g)       until one year after the commencement of this Division, no intending purchaser is to be entitled to acquire on the approved trading system more gaming machine entitlements than the difference between the number of gaming machines approved for operation on the licensee's licensed premises immediately before the commencement of this Division and the number of gaming machine entitlements assigned to the licensee on the commencement of this Division;

(h)       the aggregate amount realised on sale of gaming machine entitlements from the pool is to be allocated as follows:

(i)          if the vendor was required to surrender gaming machine entitlements to the Crown under subsection (5)—the vendor is entitled to a proportion of the aggregate amount realised on the sale equivalent to the proportion that the number of gaming machine entitlements offered for sale by the vendor bears to the aggregate number of gaming machine entitlements offered for sale;

(ii)          if the vendor was not required to surrender gaming machine entitlements under subsection (5)— the vendor is entitled to that proportion of the aggregate amount realised on the sale less a commission of $16 666 (which is to be paid to the credit of the Gamblers' Rehabilitation Fund);

(i)        vendors who have offered all their gaming machine entitlements for sale are to be paid out before those who have offered less than the total number of their gaming machine entitlements for sale.

(5)       A prospective vendor of gaming machine entitlements is required to surrender entitlements to the Crown as follows:

(a)         if the total number of gaming machine entitlements in force under this Act exceeds a number calculated by subtracting 3 000 from the number of gaming machines approved for operation under this Act immediately before the commencement of this Division, the prospective vendor must surrender one gaming machine entitlement for each complete or fractional multiple of 3 entitlements to be offered for sale; and

(b)       if the prospective vendor is a non-profit association, the prospective vendor must, whatever the number of gaming machine entitlements in force under this Act, surrender one gaming machine entitlement for each complete or fractional mutliple of 3 entitlements to be offered for sale.

(6)       Gaming machine entitlements surrendered to the Crown under subsection (5) are to be dealt with as follows:

(a)         if surrendered by a non-profit association—they are to be transferred to Club One;

(b)         in any other case, they are to be cancelled.

 

Chairman’s ruling

The Chairman ruled that the amendment was inadmissible as it contravened Standing Order 362.

 

         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 tomorrow.

 

14      Message from the Legislative Council

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

 

Criminal Law Consolidation (Abolition of the Drunk’s Defence) Amendment Bill

                                                                                                                         Message No 5

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Criminal Law Consolidation Act 1935, with the amendment indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

         Legislative Council, 26 October 2004                                  R R Roberts, PRESIDENT

 

Schedule of amendments made by the Legislative Council

 

Amendment No 1

Clause 1, page 2, lines 3 and 4—

Delete "Abolition of the Drunk's Defence" and substitute:

Intoxication

 

         J M Davis CLERK OF THE LEGISLATIVE COUNCIL

 

         Ordered - That the amendment be taken into consideration forthwith.

 

In Committee

         Resolved - That the amendment be agreed to.

 

____________

 

         The House having resumed:

Hon R B Such reported that the Committee had considered the amendment referred to it and had agreed to the same without amendment.

 

15      Adjournment

House adjourned at 10.32 pm until tomorrow at 2.00 pm.

 

____________

 

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

            For Wednesday 27 October 2004

 

Notices of Motion: Government Business -

 

The Minister for Transport to move – That she have leave to introduce a Bill for an Act to amend the Motor Vehicles Act 1959 and the Road Traffic Act 1961.

 

The Minister for Education and Children’s Services to move – That she have leave to introduce a Bill for an Act to regulate the teaching profession.

 

 

 

 

 

 

 

 

            For Wednesday 27 October 2004

 

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

 

Mr Rau to move – That the Report of the Joint Committee on a Code of Conduct for Members of Parliament be noted.

 

Ms Breuer to move – That the Report of the Aboriginal Lands Parliamentary Standing Committee entitled Annual Report 2003-04, be noted.

 

 

            For Thursday 28 October 2004

 

Notice of Motion: Other Motions -

 

Mr Rau to move – That this House adopt the following Statement of Principles (as set out in Appendix B of the Report of the Joint Committee on a Code of Conduct for Members of Parliament) –

                          I.                  Members of Parliament are in a unique position of being accountable to the electorate. The electorate is the final arbiter of the conduct of Members of Parliament and has the right to dismiss them from office at elections.

                         II.                  Members of Parliament have a responsibility to maintain the public trust placed in them by performing their duties with fairness, honesty and integrity, subject to the laws of the State and rules of the Parliament, and using their influence to advance the common good of the people of South Australia.

                       III.                  Political parties and political activities are a part of the democratic process.  Participation in political parties and political activities is within the legitimate activities of Members of Parliament. 

                      IV.                  Members of Parliament should declare any conflict of interest between their private financial interests and decisions in which they participate in the execution of their duties.  Members must declare their interests as required by the Members of Parliament (Register of Interests) Act 1983 and declare their interests when speaking on a matter in the House or a Committee in accordance with the Standing Orders.

                       V.                  A conflict of interest does not exist where the Member is only affected as a member of the public or a member of a broad class.

                      VI.                  Members of Parliament should not promote any matter, vote on any bill or resolution, or ask any question in the Parliament or its Committees, in return for any financial or pecuniary benefit.

                    VII.                  In accordance with the requirements of the Members of Parliament (Register of Interests) Act 1983, Members of Parliament should declare all gifts and benefits received in connection with their official duties, including contributions made to any fund for a Member’s benefit.

                   VIII.                  Members of Parliament should not accept gifts or other considerations that create a conflict of interest.

                       IX.                  Members of Parliament should apply the public resources with which they are provided for the purpose of carrying out their duties.

                        X.                  Members of Parliament should not knowingly and improperly use official information, which is not in the public domain, or information obtained in confidence in the course of their Parliamentary duties, for private benefit.

                       XI.                  Members of Parliament should act with civility in their dealings with the public, Ministers and other Members of Parliament and the Public Service.

                     XII.                  Members of Parliament should always be mindful of their responsibility to accord due respect to their right of freedom of speech within Parliament and not to misuse this right, consciously avoiding undeserved harm to any individual.

And that a message be sent to the Legislative Council transmitting the foregoing resolution and requesting its concurrence thereto.

 

 

 

 

            For Wednesday 10 November 2004

 

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

 

Mrs Hall to move – That she have leave to introduce a Bill for an Act to amend the Shop Trading Hours Act 1977.

 

 

 

____________

 

 

Present during the day - All Members.

 

 

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

 

         Division No 1 -

               Ayes – Attorney-General.

               Noes - Ms Chapman.

 

         Division No 3 -

               Ayes - Ms Chapman.

               Noes - Attorney-General.

 

 

 

 

 

 

 

 

 

                                                                                                                        Peter Lewis

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY