No 14

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

WEDNESDAY 15 NOVEMBER 1995

 

 

1    Meeting of House

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

 

2    Messages from the Governor

     The following Messages from the Governor were received and read:

 

     Dog Fence (Special Rate, etc) Amendment Bill - Recommending         Message No 3

     The Governor recommends to the House of Assembly the appropriation of such amounts of money as may be required for the purposes mentioned in the Dog Fence (Special Rate, etc) Amendment Bill 1995.

     Government House, 15 November 1995                            R F Mitchell, GOVERNOR

 

     South Eastern Water Conservation and Drainage (Miscellaneous)

     Amendment Bill - Recommending                           Message No 4

     The Governor recommends to the House of Assembly the appropriation of such amounts of money as may be required for the purposes mentioned in the South Eastern Conservation and Drainage (Miscellaneous) Amendment Bill 1995.

     Government House, 15 November 1995                            R F Mitchell, GOVERNOR

 

3    Petitions Nos 45 to 48

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

 

45 and 46  Mr Cummins and Mr Scalzi, from 317 residents of South Australia, requesting that the House urge the Government to restore School Service Officers’ hours to the level that existed when the Government assumed office.

 

47 Mr Leggett, from 1 148 residents of South Australia, requesting that the House urge the Government to support a tunnel underpass of Tapleys Hill Road located at the extension of the main runway at Adelaide Airport.

 

48 Ms Penfold, from 78 residents of South Australia, requesting that the House urge the Government to ban net fishing in Venus Bay.

 

4    Answers to questions

Answers to questions on the Notice Paper Nos 14, 19, 21, 24 and 28 were tabled by the Speaker.


5    Papers

The following Papers were tabled:

 

By the Minister for Housing, Urban Development and Local Government Relations
(Hon J K G Oswald) -

Corporation - By-laws - Walkerville - No 1 - Repeal and Renumbering of By-laws

District Councils - By-laws -

   Angaston - No 8 - Moveable Signs on Streets and Roads

   Kapunda -

      No 1 - Permits and Penalties

      No 2 - Moveable Signs

      No 3 - Council Land

      No 4 - Fire Prevention

   Millicent -

      No 1 - Permits and Penalties

      No 2 - Moveable Signs

      No 3 - Streets

      No 4 - Garbage Removal

      No 5 - Council Land

      No 6 - Caravans and Camping

      No 7 - Animals and Birds

      No 8 - Dogs

      No 9 - Bees

Housing and Urban Development, Department of - Report, 1994-95

South Australian Cooperative Housing Authority - Report, 1994-95.

 

6    Public Works Committee - Report - Burra to Morgan Road Upgrade

Mr Ashenden brought up the Sixteenth Report of the Committee.

     Report received.

     Ordered to be printed (Paper No 188).

 

7    Legislative Review Committee - Reports - Ninth, Tenth and Eleventh Reports

Mr Cummins brought up the Ninth Report of the Committee.

     Report received and read as follows:

    

The Legislative Review Committee has the honour to report that it is of the opinion that By-Law No 4 of the District Council of Elliston, in respect of Signs - Permanent and Moveable, made on 7 July 1995 and laid on the Table of this House on 26 September 1995, be disallowed on the grounds that the by-law contains a provision which is ultra vires.

The Committee is considering certain undertakings given to it by the Council concerned and all Honourable Members are warned that, upon fulfilment of these undertakings, the Committee may decide to take no further action.

 

Mr Cummins brought up the Tenth 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 into these regulations 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 time to complete its deliberations.

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


     Regulations referred to:-

 

Regulations under the Fisheries Act 1982 concerning a Ban on Net Fishing, made on 31 August 1995 and laid on the Table of this House on 26 September 1995.

 

Mr Cummins brought up the Eleventh Report of the Committee.

     Report received.

 

8    Questions

     Questions without notice were asked.

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

     Questions without notice resumed.

 

9    Member named

The Speaker named the Member for Elizabeth (Ms Stevens) for wilfully disregarding the authority of the Chair.

The Member made an apology which was accepted by the Chair.

 

10   Grievance debate

     The Speaker proposed - That the House note grievances.

     Debate ensued.

     Question put and passed.

 

11   Statutes Amendment (Workers Rehabilitation and Compensation) Amendment Bill

The Minister for Industrial Affairs (Hon G A Ingerson), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Workers Rehabilitation and Compensation Act 1986 and the WorkCover Corporation Act 1994.

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.

 

12   Racing (Amalgamation of Pools) Amendment Bill

The Minister for Recreation, Sport and Racing (Hon J K G Oswald), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Racing Act 1976.

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 Clarke, that the debate be adjourned until tomorrow.

 

13   Fisheries (Gulf St. Vincent Prawn Fishery Rationalization) (Licence Transfer) Amendment Bill

The Minister for Primary Industries (Hon D S Baker), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Fisheries (Gulf St. Vincent Prawn Fishery Rationalization) Act 1987.

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 Clarke, that the debate be adjourned until tomorrow.


14   Environment Protection (Forum Replacement) Amendment Bill

The Minister for Environment and Natural Resources (Hon D C Wotton), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Environment Protection Act 1993.

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 Clarke, that the debate be adjourned until tomorrow.

 

15   Water Resources (Imposition of Charges) Amendment Bill

The Minister for Environment and Natural Resources, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Water Resources 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 Clarke, that the debate be adjourned until tomorrow.

 

16   Messages from the Legislative Council

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

 

     Criminal Law Consolidation (Appeals) Amendment Bill           Message No 23

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, 14 November 1995             H P K Dunn, PRESIDENT

 

     Bill read a first time.

 

     The Deputy Premier (Hon S J Baker) moved - That this Bill be now read a second time.

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

 

     Gas (Miscellaneous) Amendment Bill                      Message No 24

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Gas Act 1988, without any amendment.

     Legislative Council, 14 November 1995             H P K Dunn, PRESIDENT

 

     Statutes Amendment (Courts Administration Staff) Bill         Message No 25

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Courts Administration Act 1993, the District Court Act 1991, the Environment, Resources and Development Court Act 1993, the Magistrates Court Act 1991, the Sheriff’s Act 1978, the Supreme Court Act 1935, the Young Offenders Act 1993 and the Youth Court Act 1993, to which it desires the concurrence of the House of Assembly.

     Legislative Council, 14 November 1995             H P K Dunn, PRESIDENT

 

     Bill read a first time.

 

     The Deputy Premier moved - That this Bill be now read a second time.

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

 

     Tobacco Products (Licensing) (Miscellaneous) Amendment Bill         Message No 26

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Tobacco Products (Licensing) Act 1986, without any amendment.

     Legislative Council, 14 November 1995             H P K Dunn, PRESIDENT


17   Local Government (Boundary Reform) 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.

 

18   Suspension of Standing Orders

The Deputy Premier, without notice, moved - That Standing Orders be so far suspended as to enable the motion for the adjournment of the House to be moved later than 10.00 pm.

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

 

Extension of time for adjournment

The Deputy Premier, pursuant to order, moved - That the time for moving the adjournment of the House be extended beyond 10.00 pm.

Question put and passed.

 

19   Local Government (Boundary Reform) Amendment Bill

     Debate (interrupted by the foregoing motion) resumed.

     Question put and passed.

 

     Bill read a second time.

 

In Committee

                        Clauses Nos 1 and 2 agreed to.

                        Clause No 3 amended and agreed to.

                        Clauses Nos 4 to 9 agreed to.

                        Clause No 10 read.

      Ms Hurley moved on page 4, after line 27 to insert a new word and paragraph as follows:

            or

            (c)   in pursuance of a proposal recommended by the Minister under Division X.

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

 

     To report progress and ask leave to sit again.

 

____________

 

     The House having resumed:

Hon H Allison 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.

 

____________

 

20   Adjournment

House adjourned at 12.00 am until tomorrow at 10.30 am.


 

___________

 

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

     For Thursday 16 November 1995

Notices of Motion:  Government Business-

 

The Premier to move - That he have leave to introduce a Bill for an Act to amend the South Australian Multicultural and Ethnic Affairs Commission Act 1980.

 

The Minister for Primary Industries to move - That he have leave to introduce a Bill for an Act to amend the Dog Fence Act 1946.

 

The Minister for Primary Industries to move - That he have leave to introduce a Bill for an Act to amend the South Eastern Water Conservation and Drainage Act 1992.

 

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

 

Mr Ashenden to move - That the Sixteenth Report of the Public Works Committee on the Burra to Morgan Road Upgrade, be noted.

 

     For Thursday 23 November 1995

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

 

Mr Cummins to move - That By-law No 4 of the District Council of Elliston relating to Signs - Permanent and Moveable gazetted on 7 July and laid on the Table of this House on 26 September 1995, be disallowed.

 

Mr Cummins to move - That Regulations under the Fisheries Act 1982 relating to Ban on Net Fishing gazetted on 31 August and laid on the Table of this House on 26 September 1995, be disallowed.

 

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Present during the day - All Members.

 

 

 

 

 

                                                        G M Gunn

                                                        SPEAKER

 

G D Mitchell

CLERK OF THE HOUSE OF ASSEMBLY