No 14

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

WEDNESDAY 13 NOVEMBER 1996

 

 

1       Meeting of House

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

 

2       Death of Former Member - Mr A R Curren

The Premier (Hon D C Brown), by leave, moved - That this House expresses its regret at the recent death of Mr A R Curren, former Member of the House of Assembly and places on record its appreciation of his meritorious service, and that as a mark of respect to his memory the sitting of the House be suspended until the ringing of the bells.

And being supported by the Leader of the Opposition (Hon M D Rann), Mr De Laine and Mr Andrew.

Motion carried in silence, Members rising in their places.

 

3       Suspension and resumption of sitting

         At 2.18 pm the sitting of the House was suspended.

         At 2.28 pm the Speaker resumed the Chair.

 

4       Legislative Review Committee - Reports - Fourth and Fifth

Mr Cummins brought up the Fourth Report of the Committee.

         Report received and read as follows:

The Regulations listed hereunder are at present being considered by the Legislative Review Committee. Evidence is being taken on these matters and it is necessary for Notices of Motion for Disallowance to be given in both Houses before the expiration of 14 sitting days to allow the Committee to complete its deliberations

Honourable Members are warned that after consideration has been given to the Regulations, the Committee may be decide to take no further action.

Regulations referred to:

No 74 Firearms Act 1977 - Regulations - Variations - General

No 75 Firearms Act 1977 - Regulations - Compensation

 

Mr Cummins brought up the Fifth Report of the Committee.

         Report received.

 

5       Questions

         Questions without notice were asked.

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

         Questions without notice resumed.

 


6       Grievance debate

         The Speaker proposed - That the House note grievances.

         Debate ensued.

         Question put and passed.

 

7       Water Resources Bill

The Minister for the Environment and Natural Resources (Hon D C Wotton), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to provide for the management of the State’s water resources; to repeal the Catchment Water Management Act 1995, the Water Resources Act 1990 and other Acts; 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 tomorrow.

 

8       Police (Complaints and Disciplinary Proceedings)(Miscellaneous) Amendment Bill

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

The Minister for Police (Hon S J Baker) moved - That this Bill be now read a second time.

 

Ordered, on motion of Hon M D Rann, that the debate be adjourned until tomorrow.

 

9       ANZ Executors and Trustee Company (South Australia) Limited (Transfer of Business) 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.

 

10      South Eastern Water Conservation and Drainage (Contributions) 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.

 

11      Local Government (Miscellaneous Provisions) 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.

 

         Suspension of Standing Orders

The Minister for Housing, Urban Development and Local Government Relations (Hon E S Ashenden), without notice, moved - That Standing Orders be so far suspended as to enable him to move an instruction 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.

        

         Instruction to Committee

The Minister for Housing, Urban Development and Local Government Relations, moved - That it be an instruction to the Committee of the whole House on the Bill that it have power to consider new clauses relating to road closures and rebates of rates.

Question put and passed.

 

In Committee

                                                Clauses Nos 1 to 8 agreed to.

                                    Clause No 9 amended and agreed to.

                                                Clauses Nos 10 to 25 agreed to.

                                                New Clause No 26 inserted.

Mr Atkinson moved on page 9, after 25, to insert a new clause as follows:

Amendment of s.359-Closure of streets, roads, etc.

      27. Section 359 of the principal Act is amended-

      (a) by inserting after subsection (2) the following subsections”

      (2a) The council cannot, except in accordance with this section, pass a resolution under        subsection (1) or (2) if it would have the effect of a prescribed street, road or public           place being closed (whether wholly or partially) to all vehicles or a class of vehicles-

      (a)  for a continuous period of more than 6 months; or

      (b)  for periods that, in aggregate, exceed 6 months in any 12 month                                     period.

      (2b) If the council proposes to pass a resolution of a kind referred to in subsection                  (2a),the following provisions apply:

      (a)  the council must first give notice of the proposal in a newspaper that circulates    generally throughout the State, inviting interested persons to make submissions on   the proposal within a period, being not less than 4 weeks, specified in the notice; and

      (b)  the council must give written notice, personally or by post, by-

            (I)   each ratepayer who is the owner or occupier of land that abuts the prescribed                        street, road or public place, being land that is wholly or partially within the                                   council’s area; and

            (ii)   each affected council,

                  inviting submissions to be made on the proposal within a period, being not less                      than 4 weeks, specified in the notice; and

      (c)  the council must, in deciding whether or not to pass the resolution, take into                   consideration all submissions made in response to an invitation under paragraph                    (a) or (b); and

      (d)  such a resolution cannot be published in the Gazette until confirmed by the                                 Minister for Transport; and

      (e)  the Minister for Transport must consult with the Minister to whom the                              administration of this Act is committed before confirming such a resolution.;

      (b)  by inserting after subsection (4) the following subsection:

      (5) In this section-

      “affected council”, in relation to the closure of a prescribed street, road or public place, means a council into the area of which, or along the boundary of which, the street, road or public place runs;

Question put and negatived.

                                 Title agreed to.

____________

 

The House having resumed:

Hon H Allison reported that the Committee had considered the Bill referred to it and had agreed to the same with amendments.

 

Bill read a third time and passed.

 


12      Extension of sitting

The Minister for Housing, Urban Development and Local Government Relations moved - That the sitting of the House be extended beyond 6.00pm.

Question put and passed.

 

13      Message from the Legislative Council

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

 

         Equal Opportunity (Application of Sexual Harassment Provisions)

               Amendment Bill                                                                                Message No 13

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Equal Opportunity Act 1984, to which it desires the concurrence of the House of Assembly.

         Legislative Council, 13 November 1996                                            H P K Dunn, PRESIDENT

 

         Bill read a first time.

 

         Ordered - That the second reading of this Bill be an Order of the Day for tomorrow.

 

14      Adjournment

The Minister for Housing, Urban Development and Local Government Relations moved - That the House do now adjourn.

         Debate ensued.

         Question put and passed.

 

         House adjourned at 6.05 pm until tomorrow at 10.30 am.

 

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MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

               For Thursday 14 November 1996

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

 

Mr Quirke to move - That this House requests the Economic and Finance Committee to investigate all public sector salaries of $100 000 or more, regardless of how they are constructed, and the salary fixation methods which underpin these salary determinations.

 

Mr Cummins to move - That the Regulations under the Firearms Act 1977 relating to Variations-General, gazetted on 5 September and laid on the Table of this House on 1 October 1996, be disallowed.

 

Mr Cummins to move - That the Regulations under the Firearms Act 1977 relating to Compensation, gazetted on 5 September and laid on the Table of this House on 1 October 1996, be disallowed.

 


         Notice of Motion:  Other Motions-

 

Mr Venning to move - That this House congratulates TransAdelaide on the successful reintroduction of the Barossa Tourist Train and hopes that it will become a regular service.

 

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         Present during the day - All Members.

 

 

 

 

 

                                                                                                            G M Gunn

                                                                                                            SPEAKER

 

G D Mitchell

CLERK OF THE HOUSE OF ASSEMBLY