No 14

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

WEDNESDAY 18 MARCH 1998

 

 

1       Meeting of House

The House met pursuant to adjournment. The Speaker (Hon J K G Oswald) took the Chair and read prayers.

 

2       Petition Nos 37 to 39

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

 

37    Mr Conlon, from 62 residents of South Australia, requesting that the House pass legislation ensuring equal representation of men and women in both Houses of Parliament.

 

Mr DeLaine, from 1,456 residents of South Australia, requesting the House urge the Government not to proceed with proposed clearway restrictions on Grand Junction Road and consider alternative options.

 

39    Ms Key, from 79 residents of South Australia, requesting that the House urge the Government to preserve the current zoning provisions of the Camden Park Primary School.

 

3       Papers

         The following Papers were tabled:

 

By the Deputy Premier (Hon G A Ingerson) for the Minister for Environment and Heritage (Hon D C Kotz) -

              Border Groundwaters Agreement Review Committee - Report, 1996-97.

 

         By the Minister for Education, Children’s Services and Training (Hon M R Buckby)-

               Ministerial Statement – Budget Planning

 

4        Matter of Privilege

Mr Lewis raised, as a matter of privilege, an allegation that the Minister for Administrative and Information Services  (Hon W A Matthew) had threatened to remove Mr Lewis from the Public Works Committee unless the Member withdrew his inquiry into the use of motor vehicles provided by State Fleet to Members of Parliament.

The Speaker advised he would consider the matter and report to the House.

 

5       Questions

          Questions without notice were asked.

 

6        Legislative Review Committee - Reports – Sixth and Seventh Reports

Mr Condous brought up the Sixth Report of the Committee.

Report received and read as follows:

The Regulation listed hereunder is at present being considered by the Legislative Review Committee.  Evidence is being taken on this matter and it is necessary for a Notice of Motion for Disallowance to be given in both Houses before the expiration of 14 sittings days to allow the Committee time to complete its deliberations.

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

Regulation referred to:

     Electricity Act 1996 – Vegetation Clearance

 

Mr Condous brought up the Seventh Report of the Committee.

Report received.

 

7       Grievance debate

The Speaker proposed - That the House note grievances.

Debate ensued.

Question put and passed.

 

8       Electricity Corporations (Restructuring and Disposal) Bill

The Premier (Hon J W Olsen), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Electricity Corporations Act 1994.

Question put and passed.

 

Bill presented and read a first time.

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

Ordered, on motion of Ms Hurley, that the debate be adjourned until tomorrow.

 

9       Valuation of Land (Miscellaneous) Amendment Bill

The Minister for Administrative and Information Services (Hon W A Matthew), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Valuation of Land Act 1971, and make a consequential amendment to the Local Government Act 1934.

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.

 

10      National Wine Centre (Land of Centre) 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.

Ordered, on motion of Mr Brokenshire, that the debate be further adjourned and resumed on motion.

 

11      Speaker’s Statement - Matter of Privilege

The Speaker made a statement on the matter of privilege raised earlier, as follows:

“Before Question Time this afternoon the Member for Hammond rose on a matter of privilege and alleged that the Minister for Administrative and Information Services threatened him in that, unless the Member for Hammond withdrew an inquiry that he had made of the Minister in relation to the rules and arrangements concerning the use of cars provided to various Members of Parliament from State Fleet, the Minister would have the Member for Hammond removed from membership of the Public Works Committee. The Chair was asked to determine whether a prima facie case could be made out and, if found in the affirmative, that a Privileges Committee be formed to examine the incident.

In deliberation on this matter I requested the Member for Hammond to confirm or otherwise the accuracy of the Hansard report, which at this stage is marked `Confi­dential and subject to revision'. After reading the report he confirmed it as being accurate. I also asked the Minister for Administrative and Information Services to read the Hansard report and to confirm whether he had threatened the Member for Hammond, as alleged. While the Minister confirmed that a conversation had taken place, he denied that he had said that he would personally have the Member for Hammond removed from the Public Works Committee. The Chair has no written documentation or record of the conversation between the Minister and the Member and cannot rule on the accuracy of that conversation. The Chair notes that the Member for Hammond was elected to the Public Works Committee by the whole of the House. He was elected to the Chair of that Committee by the Committee itself. The Chair also notes that, even though he is a Minister, the Minister as an individual is not in a position to have the Member for Hammond removed from the Public Works Committee unless he wishes to bring on a substantive motion with that objective, which would then be voted on by the whole of the House.

At this stage the Chair is more concerned with its respon­sibility in relation to Standing Order 141, where the House has a responsibility to intervene to prevent quarrels between Members and if possible to prevent them from spilling onto the floor of the House unless it is by substantive motion, when the House would be asked to make the decision. In this case there would appear to be an ongoing dispute, with animosity, between the two Members over an administrative matter between them.

As the Minister has no powers to remove the Member for Hammond from the Public Works Committee, the Chair is of the view that the matter is not one for the consideration of the House, as the alleged threat, even if proven, could never have been carried out by the Minister. Under the circumstances, as the Minister has no jurisdic­tion to bring the threat to finality, I rule that no breach of privilege has occurred. In relation to the apparent quarrel between the two Members concerned, I ask them to resolve it privately, having regard to Standing Order 141.”

 

12      National Wine Centre (Land of Centre) Amendment Bill

Ordered - That the adjourned debate on the question - That this Bill be now read a second time – be now resumed.

Debate resumed.

 

13      Extension of time for adjournment

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

Question put and passed.

 

14      National Wine Centre (Land of Centre) Amendment Bill

Debate (interrupted by the foregoing motion) 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:

Hon D C Wotton 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.

 

15      Local Government (Memorial Drive Tennis Centre) 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.

Proceeded, by leave, to the third reading.

 

Bill read a third time and passed.


16      Highways (Miscellaneous) 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.

Proceeded, by leave, to the third reading.

 

Bill read a third time and passed.

 

17      Criminal Law (Forensic Procedures) 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 14 agreed to.

Clauses Nos 15 and 16 amended and agreed to.

Clauses Nos 17 to 19 agreed to.

Clause No 20 amended and agreed to.

Clauses Nos 21 to 52 agreed to.

Schedules Nos 1 and 2 agreed to.

Title agreed to.

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         The House having resumed:

Hon D C Wotton 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.

 

18      Messages from the Legislative Council

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

 

         Evidence (Use of Audio and Audio Visual Links) Amendment Bill                    Message No 41

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Evidence Act 1929, to which it desires the concurrence of the House of Assembly.

          Legislative Council, 18 March 1998                                                            J C Irwin, PRESIDENT

 

         Bill read a first time.

 

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

 

19      Adjournment

House adjourned at 11.37 pm until tomorrow at 10.30 am.

 

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MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

     For Thursday 19 March 1998

 

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

 

Mr Condous to move – That the Regulations made under the Electricity Act 1996 relating to Vegetation Clearance, made on 27 November 1997 and laid on the table of this House on 2 December 1997, be disallowed.

 

Notices of Motion: Other Motions –

 

Ms Hurley to move – That this House calls upon the Government to appoint industry representatives to all reviews of Statutory Marketing Authorities, or other reviews where such representation is appropriate, that are conducted by the Government under the National Competition Policy.

 

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      Present during the day - All Members except Hon D C Kotz.

 

 

 

 

 

                                                                                                   J K G Oswald

                                                                                                   SPEAKER

 

G D Mitchell

CLERK OF THE HOUSE OF ASSEMBLY