No 14

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

WEDNESDAY 27 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 24

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

 

24   Hon D C Kotz, from 65 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       Speaker's Statement – Matter of Privilege – Minister for Police

The Speaker advised the House that he had received correspondence from the Leader of the Opposition (Hon R G Kerin), wherein the Member alleged that the Deputy Premier may have mislead the House, as his response to a question in the House was in variance to comments made by the Minister in the media.

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

 

4       Answer to question

An answer to a question without notice was tabled by the Speaker.

 

5       Papers

         The Speaker laid on the Table the following Paper:

 

      Joint Parliamentary Service Committee Report – 2003 – 2004.

 

         The following Papers were tabled:

 

By the Minister for Transport (Hon P L White) –

      Passenger Transport Act 1994, Sections 39 (3b) and 39 (3d) of the Report “Wandering Star”

      South Australian Rail Regulation – Report 2003-04

      Speed Management – Report 2003-2004

      Tarcoola-Darwin Rail Regulation – Report 2003-04

      TransAdelaide – Report 2003-04

 

By the Minister for Urban Development and Planning (Hon P L White) –

      Adelaide Cemeteries Authority – Report 2003-2004

      Development Act, The Administration of the – Report 2003-2004

      Planning Strategy for South Australia – Report 2003-2004

      West Beach Trust – Report 2003-2004

 

By the Minister for Science and Information Economy (Hon P L White) –

      Playford Centre – Report 2003-04

 

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

      State Water Plan 2000, Progress in Implementation of during 2003-2004.

 

6       Legislative Review Committee - Reports – Seventh and Eight

 

Seventh Report

Mr Hanna brought up the 7th Report of the Committee.

Report received.

 

Eighth Report

Mr Hanna brought up the 8th 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 a Notice 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 further consideration has been given to the Regulations, the Committee may decide to take no further action.

 

Regulations referred to:

Land Agents Act 1994 – SA Homebuyers Seminars

Local Government Act 1999 – Rules – Eligible Rollover Fund

Plumbers, Gas Fitters and Electricians Act 1995 – Apprentices.

 

7       Occupational Safety, Rehabilitation and Compensation Committee - Report – Occupational Health, Safety and Welfare (Safework SA) Amendment Bill 2003

Mr Caica brought up the 7th Report of the Committee on the Occupational Health, Safety and Welfare (Safework SA) Amendment Bill 2003.

Report received.

Ordered to be published (Paper No 183).

 

8       Questions

Questions without notice were asked.

 

9       Grievance debate

On motion of the Speaker, the House noted grievances.

 

10      Postponement of business

Ordered severally - That Notices of Motion: Private Members Bills/Committees/Regulations Nos 1 to 3 be postponed until Wednesday 10 November.

 

11      Postponement of business

Ordered severally - That Notices of Motion: Private Members Bills/Committees/Regulations Nos 4 to 19 be postponed and taken into consideration after Notice of Motion: Private Members Bills/Committees/Regulations No 20.

 

12      Aboriginal Lands Parliamentary Standing Committee - Report – Annual Report 2003 - 2004 - Motion to note

Ms Breuer, pursuant to notice, moved - That the 1st Report of the Aboriginal Lands Parliamentary Standing Committee being the Annual Report 2003 – 2004 be noted.

Debated ensued.

Question put and passed.

 

13      Postponement of business

Ordered severally - That Notices of Motion: Private Members Bills/Committees/Regulations Nos 4 to 13 be postponed until Wednesday 10 November.

 

14      Reproductive Technology (Clinical Practices) (Prohibition of Publication of Certain Material) Amendment Bill

Mr Brokenshire, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the the Reproductive Technology (Clinical Practices) Act 1988.

Question put and passed.

         Bill presented and read a first time.

 

         Mr Brokenshire moved - That this Bill be now read a second time.

Ordered, on motion of Attorney-General (Hon M J Atkinson), that the debate be adjourned until Wednesday 10 November.

 

15      Controlled Substances (Prohibition of Sale of Water Pipes) Amendment Bill

Mr Brokenshire, pursuant to notice, moved - That he 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.

 

         Mr Brokenshire moved - That this Bill be now read a second time.

Ordered, on motion of Attorney-General (Hon M J Atkinson), that the debate be adjourned until Wednesday 10 November.

 

16      Postponement of business

Ordered - That Notice of Motion: Private Members Bills/Committees/Regulations No 16 be postponed until Wednesday 10 November.

 

17      Shop Trading Hours (Christmas Trading Period) Amendment Bill

Hon R B Such, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Shop Trading Hours Act 1977.

Question put and passed.

         Bill presented and read a first time.

 

         Hon R B Such moved - That this Bill be now read a second time.

Ordered, on motion of Dr McFetridge, that the debate be adjourned until Wednesday 10 November.

 

18      Education (Compulsory Education) Amendment Bill

Ms Chapman, pursuant to notice, moved - That she have leave to introduce a Bill for an Act to amend the Education Act 1972.

Question put and passed.

         Bill presented and read a first time.

 

         Ms Chapman moved - That this Bill be now read a second time.

Ordered, on motion of Dr McFetridge, that the debate be adjourned until Wednesday 10 November.

 

19      Joint Committee on a Code of Conduct for Members of Parliament - Report - Motion to note

Mr Rau, pursuant to notice, moved - That the Report of the Joint Committee on a Code of Conduct for Members of Parliament be noted.

Debated ensued.

Ordered, on the motion of Mrs Geraghty, that the debate be adjourned until Wednesday 10 November.

 

20      Postponement of business

Ordered severally  That Orders of the Day: Private Members Bills/Committees/Regulations Nos 1 to 4 be postponed and taken into consideration after Order of the Day:  Private Members Bills/Committees/Regulations No 5.

 

 

 

21      Statutes Amendment (Misuse of Motor Vehicles) 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 6 agreed to.

Clause No 7 read.

 

Mr Hanna moved on page 7, after line 28 to insert –

(7)     Where a motor vehicle that was not the subject of an impounding offence has been impounded under this section, the Commissioner must on releasing the motor vehicle pay the driver of the motor vehicle –

(a)               an amount prescribed by regulation (which must be not less than $100) in respect of inconvenience to the owner; and

(b)               any amount demonstrated by the owner (to the satisfaction of the Commissioner) to be economic loss suffered by the owner as a result of the impoundment of the motor vehicle.

(8)   An amount payable by the Commissioner under subsection (7) to a person is recoverable by that person as a debt.

 

         To report progress and ask leave to sit again.

 

____________

 

         The House having resumed:

Mr Snelling 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.

 

22      Suspension of Standing Orders

The Attorney-General, without notice, moved - That Standing Orders be so far suspended as to enable the Statutes Amendment (Misuse of Motor Vehicle) Bill to pass through its remaining stages without delay.

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

 

23      Extension of sitting

Ordered, on motion of the Attorney-General, that the sitting of the House be extended beyond 6.00 pm.

 

24      Statutes Amendment (Misuse of Motor Vehicles) Bill

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

 

In Committee

Mr Hanna’s amendment to clause No 7 further considered.

 

         Question – That the amendment be agreed to - put.

 

 

 

 

 

 

 

 

 

         Committee divided (No 1):

 

           Ayes, 8

 

           Noes, 29

Hon D C Brown

Hon M J Atkinson

Hon M R Buckby

Ms Bedford

Hon I F Evans

Ms Breuer

Hon G M Gunn

Mr Caica

Hon I P Lewis

Ms Ciccarello

Mrs Penfold

Hon P F Conlon

Mr Williams

Hon K O Foley

Mr Hanna (Teller)

Mrs Geraghty

 

Mr Goldsworthy

 

Mr Hamilton-Smith

 

Hon J D Hill

 

Hon S W Key

 

Hon D C Kotz

 

Mr Koutsantonis

 

Hon J D Lomax-Smith

 

Hon W A Matthew

 

Hon K A Maywald

 

Hon R J McEwen

 

Dr McFetridge

 

Mr Meier

 

Mr O'Brien

 

Ms Rankine

 

Hon M D Rann

 

Mr Rau

 

Mr Scalzi

 

Ms Thompson

 

Hon P L White

 

Hon M J Wright

 

Hon R B Such (Teller)

 

         So it passed in the negative.

 

Clause agreed to.

Clause No 8 agreed to.

Title agreed to.

 

____________

 

         The House having resumed:

Mr Snelling 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.

 

25      Suspension and resumption of sitting

         At 6.37 pm the sitting of the House was suspended.

         At 7.30 pm Speaker resumed the Chair.

 

26      Postponement of business

Ordered - That Notice of Motion: Government Business No 1 be postponed and taken into consideration after Notice of Motion: Government Business No 2.

 

27      Teaching Registration and Standards Bill

The Minister for Education and Children’s Services (Hon J D Lomax-Smith), pursuant to notice, moved - That she have leave to introduce a Bill for an Act to regulate the teaching profession.

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.

 

28      Postponement of business

Ordered - That Notice of Motion: Government Business No 1 be postponed and taken into consideration on motion.

 

29      Gaming Machines (Miscellaneous) Amendment Bill

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

 

In Committee

Clause No 12 further considered.

 

         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.

 

30      Speaker's Statement - Privilege

The Speaker stated that he had considered the matter of privilege raised in correspondence by the Leader of the Opposition and he was of the view that on the facts available, the Deputy Premier’s answers to questions were not in any manner factually inaccurate.

 

31      Extension of time for adjournment

Ordered, on motion of the Minister for Infrastructure, that the time for moving the adjournment of the House be extended beyond 10.00 pm.

 

32      Gaming Machines (Miscellaneous) Amendment Bill

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

 

In Committee

Clause No 12 further considered.

Mrs Hall moved on page 10, lines 42 to 44, page 11, lines 1 to 19, to delete subsections (6), (7) and (8)

Question – That the amendment be agreed to – put.

         Committee divided (No 2):

 

           Ayes, 27

           Noes, 14

 

Ms Breuer

Hon M J Atkinson

Mr Brokenshire

Mr Caica

Hon D C Brown

Ms Chapman

Hon M R Buckby

Hon K O Foley

Ms Ciccarello

Mr Goldsworthy

Hon P F Conlon

Hon G M Gunn

Mrs Geraghty

Hon I P Lewis

Mr Hamilton-Smith

Hon W A Matthew

Mr Hanna

Mr Meier

Hon J D Hill

Mr Rau

Hon R G Kerin

Mr Scalzi

Hon S W Key

Mr Snelling

Hon D C Kotz

Hon J W Weatherill

Mr Koutsantonis

Hon M J Wright (Teller)

Hon J D Lomax-Smith

 

Hon K A Maywald

 

Hon R J McEwen

 

Dr McFetridge

 

Mr O'Brien

 

Mrs Penfold

 

Ms Rankine

 

Mrs Redmond

 

Hon L Stevens

 

Ms Thompson

 

Hon P L White

 

Mr Williams

 

Mrs Hall (Teller)

 

 

         So it was resolved in the affirmative.

 

 

Mr Caica moved on page 11, after line 19, to insert:

27F—Statement of Parliamentary intention with regard to gaming machine numbers

It is Parliament's intention to make no further reduction in gaming machine numbers (beyond the reduction resulting from the implementation of this Division) before 30 June 2014.

 

Amendment to amendment

Hon I P Lewis moved to amend the amendment (to be designated as subsection (1)) by inserting the following:

(2)  This section is not to come into operation unless a majority of those voting at a referendum of the electors for the House of Assembly vote in favour of it.

 

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

 

         Committee divided (No 3):

 

           Ayes, 4

 

           Noes, 42

Hon M J Atkinson

Ms Bedford

Mr Hanna

Ms Breuer

Mr Koutsantonis

Mr Brindal

Hon I P Lewis (Teller)

Mr Brokenshire

 

Hon D C Brown

 

Hon M R Buckby

 

Mr Caica

 

Ms Chapman

 

Ms Ciccarello

 

Hon P F Conlon

 

Hon I F Evans

 

Hon K O Foley

 

Mrs Geraghty

 

Mr Goldsworthy

 

Hon G M Gunn

 

Mrs Hall

 

Mr Hamilton-Smith

 

Hon J D Hill

 

Hon R G Kerin

 

Hon S W Key

 

Hon D C Kotz

 

Hon J D Lomax-Smith

 

Hon W A Matthew

 

Hon K A Maywald

 

Hon R J McEwen

 

Dr McFetridge

 

Mr Meier

 

Mr O'Brien

 

Mrs Penfold

 

Ms Rankine

 

Hon M D Rann

 

Mr Rau

 

Mrs Redmond

 

Mr Scalzi

 

Mr Snelling

 

Hon L Stevens

 

Ms Thompson

 

Mr Venning

 

Hon J W Weatherill

 

Hon P L White

 

Mr Williams

 

Hon M J Wright (Teller)

 

         So it passed in the negative.

 

Question – That the amendment be agreed to – put.

 

 

 

 

 

 

 

 

 

         Committee divided (No 4):

 

           Ayes, 31

           Noes, 15

 

Ms Bedford

Hon M J Atkinson

Ms Breuer

Mr Brokenshire

Mr Brindal

Hon D C Brown

Hon M R Buckby

Mr Goldsworthy

Ms Chapman

Mr Hanna

Ms Ciccarello

Mr Koutsantonis

Hon P F Conlon

Hon I P Lewis

Hon I F Evans

Hon W A Matthew

Hon K O Foley

Mr Meier

Mrs Geraghty

Hon M D Rann

Hon G M Gunn

Mr Rau

Mrs Hall

Mr Scalzi

Mr Hamilton-Smith

Mr Snelling

Hon J D Hill

Hon J W Weatherill

Hon R G Kerin

Hon M J Wright (Teller)

Hon S W Key

 

Hon D C Kotz

 

Hon J D Lomax-Smith

 

Hon K A Maywald

 

Hon R J McEwen

 

Dr McFetridge

 

Mr O'Brien

 

Mrs Penfold

 

Ms Rankine

 

Mrs Redmond

 

Hon L Stevens

 

Ms Thompson

 

Mr Venning

 

Hon P L White

 

Mr Williams

 

Mr Caica (Teller)

 

 

         So it was resolved in the affirmative.

 

         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.

 

33      Suspension of Standing Orders

The Minister for Infrastructure, without notice, moved - That Standing Orders be so far suspended as to enable the House to sit beyond midnight.

Question put and there being a negative voice.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

         House divided (No 5):

 

           Ayes, 25

           Noes, 21

 

Hon M J Atkinson

Mr Brindal

Ms Bedford

Mr Brokenshire

Ms Breuer

Hon D C Brown

Mr Caica

Hon M R Buckby

Ms Ciccarello

Ms Chapman

Hon K O Foley

Hon I F Evans

Mrs Geraghty

Mr Goldsworthy

Hon J D Hill

Hon G M Gunn

Hon S W Key

Mrs Hall

Mr Koutsantonis

Mr Hamilton-Smith

Hon J D Lomax-Smith

Mr Hanna

Hon K A Maywald

Hon R G Kerin

Hon R J McEwen

Hon D C Kotz

Mr O'Brien

Hon W A Matthew

Ms Rankine

Dr McFetridge

Hon M D Rann

Mrs Penfold

Mr Rau

Mrs Redmond

Mr Snelling

Mr Scalzi

Hon L Stevens

Mr Venning

Hon R B Such

Mr Williams

Ms Thompson

Mr Meier (Teller)

Hon J W Weatherill

 

Hon P L White

 

Hon M J Wright

 

Hon P F Conlon (Teller)

 

 

         So it was resolved in the affirmative.

 

34      Gaming Machines (Miscellaneous) Amendment Bill

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

 

In Committee

Clause No 12 amended and agreed to.

Clause No 13 left out.

Clause No 14 agreed to.

Clause No 15 amended and agreed to.

Clause No 16 read.

 

Question – That the clause stand as published – put.

        

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Committee divided (No 6):

 

           Ayes, 34

           Noes, 12

 

Ms Bedford

Hon M J Atkinson

Ms Breuer

Mr Brindal

Mr Brokenshire

Ms Chapman

Hon D C Brown

Mr Goldsworthy

Hon M R Buckby

Hon G M Gunn

Mr Caica

Mr Koutsantonis

Ms Ciccarello

Hon I P Lewis

Hon P F Conlon

Mr Meier

Hon I F Evans

Mr Rau

Hon K O Foley

Mr Scalzi

Mrs Geraghty

Mr Venning

Mrs Hall

Mr Hanna (Teller)

Mr Hamilton-Smith

 

Hon J D Hill

 

Hon R G Kerin

 

Hon S W Key

 

Hon D C Kotz

 

Hon J D Lomax-Smith

 

Hon W A Matthew

 

Hon K A Maywald

 

Hon R J McEwen

 

Dr McFetridge

 

Mr O'Brien

 

Mrs Penfold

 

Ms Rankine

 

Hon M D Rann

 

Mrs Redmond

 

Mr Snelling

 

Hon L Stevens

 

Ms Thompson

 

Hon J W Weatherill

 

Hon P L White

 

Mr Williams

 

Hon M J Wright (Teller)

 

 

         So it was resolved in the affirmative.

 

The Minister for Gambling moved on page 12, after line 21, to insert a new clause as follows-

16A—Insertion of section 86A

After section 86 insert:

86A—Guidelines

(1)    If a provision of this Act contemplates that guidelines may be issued on a particular subject or for a particular purpose, the Authority may issue guidelines accordingly.

(2)    The Subordinate Legislation Act 1978 applies to the guidelines as if they were regulations as defined in that Act.

Amendment, by leave, withdrawn.

 

New Clause No 16A inserted.

 

 

____________

 

It being Midnight

THURSDAY 28 OCTOBER

____________

 

Clause No 17 read.

 

Mr Hanna moved on page 12, after line 21, to insert :

89—Minister to obtain report

(1)     As soon as practicable after the second anniversary of the commencement of the 2004 amendments, the Minister must obtain a report from the Authority on the effect of those amendments on gambling in the State and in particular on whether those amendments have been effective in reducing the incidence of problem gambling.

(2)     The Minister must, within 6 sitting days after receiving the report, have copies of the report laid before both Houses of Parliament.

(3)     In this section—

2004 amendments means the amendments to this Act made by the Gaming Machines (Miscellaneous) Amendment Act 2004.

 

Amendment to amendment

Mr Brokenshire moved to amend the amendment by deleting “second” and substituting “first”

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

 

         Committee divided (No 7):

 

           Ayes, 17

 

           Noes, 24

Mr Brindal

Hon M J Atkinson

Hon M R Buckby

Ms Bedford

Ms Chapman

Ms Breuer

Mr Goldsworthy

Mr Caica

Hon G M Gunn

Ms Ciccarello

Mrs Hall

Hon P F Conlon

Mr Hamilton-Smith

Hon K O Foley

Mr Hanna

Mrs Geraghty

Hon D C Kotz

Hon J D Hill

Hon I P Lewis

Hon S W Key

Hon W A Matthew

Mr Koutsantonis

Dr McFetridge

Hon J D Lomax-Smith

Mr Meier

Hon K A Maywald

Mrs Redmond

Hon R J McEwen

Mr Scalzi

Mr O'Brien

Mr Venning

Ms Rankine

Mr Brokenshire (Teller)

Hon M D Rann

 

Mr Rau

 

Mr Snelling

 

Hon L Stevens

 

Ms Thompson

 

Hon J W Weatherill

 

Hon P L White

 

Hon M J Wright (Teller)

 

         So it passed in the negative.

 

Chairman’s ruling

On a point of order being raised by the Deputy Leader of the Opposition (Hon D C Brown), regarding the Leader of the Opposition (Hon R G Kerin), Hon I F Evans, Mr Williams and himself missing the Division due problems experienced with the lift, the Chairman ruled that the absence of those members be noted, but it would not alter the outcome of the vote.

 

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

 

Clause No 17 amended and agreed to.

Clauses Nos 18 to 27 agreed to.

Clause No 28 read.

 

The Minister for Gambling moved on page 17, after line 14, to insert:

(5)     When the Commissioner cancels gaming machine entitlements under this section, an equivalent number of entitlements may be offered for sale by the Crown under the approved trading system.

(6)     However, the Crown may only exercise its power of sale if the total number of gaming machine entitlements in force under this Act is less than a number calculated by subtracting 3 000 from the number of gaming machines approved for operation under this Act immediately before the commencement of section 27C.

 

Question – That the amendment be agreed to – put.

 

 

 

 

         Committee divided (No 8):

 

           Ayes, 28

           Noes, 17

 

Hon M J Atkinson

Ms Bedford

Ms Breuer

Mr Brindal

Hon M R Buckby

Mr Brokenshire

Mr Caica

Hon D C Brown

Ms Ciccarello

Ms Chapman

Hon P F Conlon

Mr Goldsworthy

Hon I F Evans

Mr Hanna

Hon K O Foley

Hon R G Kerin

Mrs Geraghty

Mr Koutsantonis

Hon G M Gunn

Hon I P Lewis

Mrs Hall

Hon W A Matthew

Mr Hamilton-Smith

Mrs Penfold

Hon J D Hill

Mr Rau

Hon S W Key

Mr Scalzi

Hon D C Kotz

Mr Venning

Hon J D Lomax-Smith

Mr Williams

Hon K A Maywald

Mr Meier (Teller)

Hon R J McEwen

 

Dr McFetridge

 

Mr O'Brien

 

Ms Rankine

 

Mrs Redmond

 

Mr Snelling

 

Hon L Stevens

 

Ms Thompson

 

Hon J W Weatherill

 

Hon P L White

 

Hon M J Wright (Teller)

 

 

         So it was resolved in the affirmative.

 

Clause No 28 otherwise amended and agreed to.

Clause No 29 agreed to.

 

Hon R B Such moved on page 17, after line 20, to insert a new clause as follows—

29A—Amendment of section 40—Approval of gaming machines and games

Section 40, after subsection (3) insert:

(4)      If the use of a particular approved class of gaming machines (the obsolete machines) should, in the Commissioner's opinion, be phased out because it has become technologically and economically feasible to install technology providing a better safeguard against problem gambling—

(a)    the Commissioner must report that opinion to the Minister; and

(b)    the Minister must have a copy of the report laid before both Houses of Parliament within 12 sitting days after receiving it from the Commissioner.

(5)     Regulations may then be made—

(a)    requiring the operators of obsolete machines—

(i)        to have them modified to the Commissioner's satisfaction; or

(ii)        to replace them with machines of some other specified approved class; and

(b)    fixing a date by which the requirement is to be complied with; and

(c)    providing that the approval for the obsolete machines is to lapse on the date so specified.

(6)      If regulations are made under subsection (5), obsolete machines (unless modified to the Commissioner's satisfaction) cease to be gaming machines of an approved class on the date specified in the regulations as the date on which the approval will lapse.

 

Question – That new clause No 29A be inserted – put.

 

 

 

 

 

         Committee divided (No 9):

 

           Ayes, 16

 

           Noes, 29

Hon D C Brown

Hon M J Atkinson

Hon M R Buckby

Ms Bedford

Ms Chapman

Ms Breuer

Mr Goldsworthy

Mr Brindal

Hon G M Gunn

Mr Brokenshire

Mr Hanna

Mr Caica

Mr Koutsantonis

Ms Ciccarello

Hon I P Lewis

Hon P F Conlon

Hon J D Lomax-Smith

Hon I F Evans

Hon W A Matthew

Hon K O Foley

Mr Meier

Mrs Geraghty

Mr Rau

Mrs Hall

Mrs Redmond

Mr Hamilton-Smith

Mr Scalzi

Hon J D Hill

Mr Venning

Hon R G Kerin

Hon R B Such (Teller)

Hon S W Key

 

Hon D C Kotz

 

Hon K A Maywald

 

Hon R J McEwen

 

Dr McFetridge

 

Mr O'Brien

 

Mrs Penfold

 

Ms Rankine

 

Hon L Stevens

 

Ms Thompson

 

Hon J W Weatherill

 

Hon P L White

 

Mr Williams

 

Hon M J Wright (Teller)

 

         So it passed in the negative.

 

Clause No 30 agreed to.

Clause No 31 read.

 

Mr Hanna moved on page 17, lines 33 to 37, to delete subsection (1) and substitute:

(1)      The following applications must be advertised in accordance with this section:

(a)    an application for approval of particular gaming machines or particular games; and

(b)    an application of any other class if the Commissioner so directs.

(1a)    If an application is to be advertised, notice of the application, in a form approved by the Commissioner, must be published by the applicant in a newspaper circulating generally throughout the State, and in the Gazette, at least 28 days before the date fixed for the hearing of the application.

 

Question – That the amendment be agreed to – put.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

         Committee divided (No 10):

 

           Ayes, 8

 

           Noes, 36

Hon M J Atkinson

Ms Breuer

Ms Bedford

Mr Brindal

Mr Koutsantonis

Mr Brokenshire

Hon I P Lewis

Hon D C Brown

Mr Meier

Hon M R Buckby

Mr Rau

Mr Caica

Mr Scalzi

Ms Chapman

Mr Hanna (Teller)

Ms Ciccarello

 

Hon P F Conlon

 

Hon I F Evans

 

Hon K O Foley

 

Mrs Geraghty

 

Mr Goldsworthy

 

Hon G M Gunn

 

Mrs Hall

 

Hon J D Hill

 

Hon R G Kerin

 

Hon S W Key

 

Hon D C Kotz

 

Hon J D Lomax-Smith

 

Hon W A Matthew

 

Hon K A Maywald

 

Hon R J McEwen

 

Dr McFetridge

 

Mr O'Brien

 

Mrs Penfold

 

Ms Rankine

 

Mrs Redmond

 

Mr Snelling

 

Hon L Stevens

 

Ms Thompson

 

Mr Venning

 

Hon J W Weatherill

 

Hon P L White

 

Mr Williams

 

Hon M J Wright (Teller)

 

         So it passed in the negative.

 

Clause No 31 agreed to.

Clause No 32 agreed to.

Clause No 33 left out.

Clauses Nos 34 and 35 agreed to.

 

Mr Hanna moved on page 20, after line 12, to insert a new clause as follows –

35A—Insertion of section 51AA

Before section 51A insert:

51AA—Limitation of gambling hours

The holder of a gaming machine licence must not operate or permit the operation of gaming machines on the licensed premises between midnight on any day and 12 noon of the next day.

Maximum penalty: $35 000 or imprisonment for 2 years.

 

Question – That new clause No 35A be inserted – put.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

         Committee divided (No 11):

 

           Ayes, 14

 

           Noes, 30

Hon M J Atkinson

Ms Breuer

Ms Bedford

Mr Brindal

Hon D C Brown

Mr Brokenshire

Mr Goldsworthy

Hon M R Buckby

Mr Koutsantonis

Mr Caica

Hon W A Matthew

Ms Chapman

Mr Meier

Ms Ciccarello

Mrs Penfold

Hon P F Conlon

Mr Rau

Hon I F Evans

Mr Scalzi

Hon K O Foley

Mr Snelling

Mrs Geraghty

Mr Venning

Hon G M Gunn

Mr Williams

Mrs Hall

Mr Hanna (Teller)

Mr Hamilton-Smith

 

Hon J D Hill

 

Hon R G Kerin

 

Hon S W Key

 

Hon D C Kotz

 

Hon J D Lomax-Smith

 

Hon K A Maywald

 

Hon R J McEwen

 

Dr McFetridge

 

Mr O'Brien

 

Ms Rankine

 

Mrs Redmond

 

Hon L Stevens

 

Ms Thompson

 

Hon J W Weatherill

 

Hon P L White

 

Hon M J Wright (Teller)

 

         So it passed in the negative.

 

Mr Hanna moved on page 20, after line 12, to insert a new clause as follows –

35B—Amendment of section 51B—Cash facilities withdrawal limit

Section 51B—after subsection (4) insert:

(5)          This section expires on the prescribed day within the meaning of section 51C.

 

Question – That new clause No 35B be inserted – put negatived.

 

Mr Hanna moved on page 20, after line 12, to insert a new clause as follows –

35C—Insertion of sections 51C and 51D

After section 51B—insert:

51C—Limitations on cash facilities within licensed premises

(1)       The holder of a gaming machine licence must not, on or after the prescribed day, provide or allow another person to provide, cash facilities on the licensed premises that allow a person to obtain cash by means of those facilities.

Maximum penalty: $35 000.

(2)       For the purposes of subsection (1), an EFTPOS facility will not be taken to allow a person to obtain cash by means of the facility if a sign is prominently displayed to persons accessing the facility prohibiting any person obtaining cash by means of the facility.

(3)       The holder of a gaming machine licence is guilty of an offence if, on or after the prescribed day, cash is provided to a person by means of an EFTPOS facility on the licensed premises.

Maximum penalty: $35 000.

(4)       The Minister may, if there are no other cash facilities within a 3 kilometre radius of the licensed premises, exempt a licensee (conditionally or unconditionally) from the operation of this section.

(5)       A licensee who contravenes a condition of an exemption granted under subsection (4) is guilty of an offence.

Maximum penalty: $35 000.

(6)       This section does not apply to cash facilities in gaming areas (see section 51A).

(7)       In this section—

prescribed day means the day falling 1 month after the commencement of this section.

51D—Coin machines not to be provided on licensed premises

(1)       The holder of a gaming machine licence must not, on or after the prescribed day, provide, or allow another person to provide, a machine on the licensed premises that dispenses coins in exchange for bank notes or other coins.

Maximum penalty: $35 000.

(2)       In this section—

prescribed day means the day falling 1 month after the commencement of this section.

 

Question – That new clause No 35C be inserted – put and negatived.

 

Clause No 36 agreed to.

 

Mr Hanna moved on page 20, after line 35, to insert new clause as follows -

36A—Amendment of section 53A—Prohibition of certain gaming machine facilities

(1)      Section 53A—after subsection (6) insert:

(6a)  The holder of a gaming machine licence must not, on or after the prescribed day, provide any gaming machine on the licensed premises that is capable of accepting bets at a rate greater than $5 per minute.

Maximum penalty: $35 000.

(2)      Section 53A(7)—delete "subsection (6)" and insert:

the subsection concerned

Question – That new clause No 36A be inserted – put.

 

         Committee divided (No 12):

 

           Ayes, 15

 

           Noes, 27

Hon M J Atkinson

Mr Brindal

Ms Bedford

Ms Breuer

Mr Brokenshire

Mr Caica

Hon D C Brown

Ms Chapman

Hon M R Buckby

Ms Ciccarello

Mr Goldsworthy

Hon P F Conlon

Hon G M Gunn

Hon I F Evans

Mr Koutsantonis

Hon K O Foley

Mr Meier

Mrs Geraghty

Mr Rau

Mrs Hall

Mr Scalzi

Mr Hamilton-Smith

Mr Snelling

Hon J D Hill

Mr Venning

Hon R G Kerin

Mr Williams

Hon S W Key

Mr Hanna (Teller)

Hon D C Kotz

 

Hon J D Lomax-Smith

 

Hon K A Maywald

 

Hon R J McEwen

 

Dr McFetridge

 

Mr O'Brien

 

Ms Rankine

 

Mrs Redmond

 

Hon L Stevens

 

Ms Thompson

 

Hon J W Weatherill

 

Hon P L White

 

Hon M J Wright (Teller)

 

         So it passed in the negative.

 

Clause No 37 agreed to.

 

Mr Hanna moved on page 21, after line 23, to insert a new clause as follows -

37A—Insertion of sections 54A and 54B

After section 54 insert:

54A—Smoking in gaming areas etc

(1)         A person must not smoke in a part of licensed premises that—

(a)        is enclosed; and

(b)        consists of, includes or overlooks a gaming area.

Maximum penalty: $200.

Expiation fee: $75.

(2)         The licensee must display signs, in accordance with the regulations, in a part of the licensed premises in which smoking is prohibited.

Maximum penalty:

(a)        in the case of a natural person—$500;

(b)        in the case of a body corporate—$1 000.

(3)         If smoking occurs in contravention of subsection (1), the licensee is guilty of an offence.

Maximum penalty:

(a)        in the case of a natural person—$500;

(b)        in the case of a body corporate—$1 000.

(4)         It is a defence to a charge of an offence against subsection (3) if the defendant proves that he or she did not provide an ashtray, matches, a lighter or any other thing designed to facilitate smoking in contravention of this section and that—

(a)       he or she was not aware, and could not reasonably be expected to have been aware, that the contravention was occurring; or

(b)       he or she—

(i)        requested the person smoking to stop smoking; and

(ii)        informed the person that the person was committing an offence.

(5)                 For the purposes of this section, a part of licensed premises is enclosed if it is, except for doorways, passageways and internal wall openings, completely or substantially enclosed by a solid permanent ceiling or roof and solid permanent walls or windows, whether the ceiling, roof, walls or windows are fixed or movable and open or closed.

 

Question – That new clause No 37A, new section 54A, be inserted – put.

 

         Committee divided (No 13):

 

           Ayes, 10

 

           Noes, 30

Mr Brokenshire

Hon M J Atkinson

Hon D C Brown

Ms Bedford

Hon M R Buckby

Ms Breuer

Mr Goldsworthy

Mr Brindal

Hon G M Gunn

Mr Caica

Mr Meier

Ms Chapman

Mr Scalzi

Ms Ciccarello

Mr Venning

Hon P F Conlon

Mr Williams

Hon I F Evans

Mr Hanna (Teller)

Hon K O Foley

 

Mrs Geraghty

 

Mr Hamilton-Smith

 

Hon J D Hill

 

Hon R G Kerin

 

Hon S W Key

 

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

 

Mrs Redmond

 

Mr Snelling

 

Hon L Stevens

 

Ms Thompson

 

Hon J W Weatherill

 

Hon P L White

 

Hon M J Wright (Teller)

 

         So it passed in the negative.

 

Mr Hanna moved on page 21, after line 23, to insert a new clause as follows –

37AA—Insertion of sections 54A and 54B

After section 54 insert:

54B—Inducements to bet on gaming machines prohibited

The holder of a gaming machine licence must not offer to provide or provide a person with any of the following as an inducement to bet, or to continue to bet, on a gaming machine in the licensed premises:

(a)    free cash, or free vouchers or tokens of any kind that can be used for the purposes of making bets on a gaming machine or that can be exchanged for cash;

(b)    free points or credits on any gaming machine;

(c)    membership (whether on a payment of a fee or not) of a jackpot or other gambling club;

(d)    free, or discounted, food or drink;

(e)    free entry in any lottery;

(f)     gifts or rewards of any other kind.

Maximum penalty: $35 000 or imprisonment for 2 years.

 

Question – That new clause No 37AA, new section 54B,  be inserted – put.

 

         Committee divided (No 14):

 

           Ayes, 15

 

           Noes, 27

Hon M J Atkinson

Ms Breuer

Ms Bedford

Mr Brindal

Mr Brokenshire

Mr Caica

Hon D C Brown

Ms Chapman

Hon M R Buckby

Ms Ciccarello

Mr Goldsworthy

Hon P F Conlon

Mr Koutsantonis

Hon I F Evans

Dr McFetridge

Hon K O Foley

Mr Meier

Mrs Geraghty

Mr Rau

Hon G M Gunn

Mr Scalzi

Mrs Hall

Mr Snelling

Mr Hamilton-Smith

Mr Venning

Hon J D Hill

Mr Williams

Hon R G Kerin

Mr Hanna (Teller)

Hon S W Key

 

Hon D C Kotz

 

Hon J D Lomax-Smith

 

Hon K A Maywald

 

Hon R J McEwen

 

Mr O'Brien

 

Ms Rankine

 

Mrs Redmond

 

Hon L Stevens

 

Ms Thompson

 

Hon J W Weatherill

 

Hon P L White

 

Hon M J Wright (Teller)

 

         So it passed in the negative.

 

Clauses Nos 38 to 43 agreed to.

Clause No 44 amended and agreed to.

Clause No 45 agreed to.

New Clause No 46 inserted.

 

Mr Brokenshire moved – That clause No 12 be reconsidered.

Question put and passed.

 

 

 

 

 

Clause No 12 reconsidered.

Mr Brokenshire moved, on page 9, lines 18 to 23, to delete subsection (2) and substitute:

(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.

(2a)    The Minister will appoint an agency or instrumentality of the Crown to be the operator of the approved trading system.

(2b)    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 (2c);

(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)    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.

(2c)    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.

(2d)    Gaming machine entitlements surrendered to the Crown under subsection (2c) 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.

 

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

 

Mr Hanna moved on page 9, lines 38 to 41, to delete paragraph (d)

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

 

         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.

 

35      Suspension of Standing Orders

Mr Brokenshire, without notice, moved - That Standing Orders be so far suspended as to enable him to move an instruction to the Committee, relating to amendment of other Acts, 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 the Committee

Mr Brokenshire then move – That it be an instruction to the Committee of the whole House on the Gaming Machines (Miscellaneous) Amendment Bill that it have power to consider amendments relating to the Casino Act and the Independent Gambling Authority Act.

Question put.

 

         House divided (No 15):

 

           Ayes, 17

 

           Noes, 25

Hon D C Brown

Hon M J Atkinson

Hon M R Buckby

Ms Bedford

Ms Chapman

Ms Breuer

Hon I F Evans

Mr Brindal

Mr Goldsworthy

Mr Caica

Mrs Hall

Ms Ciccarello

Mr Hamilton-Smith

Hon P F Conlon

Mr Hanna

Hon K O Foley

Hon R G Kerin

Mrs Geraghty

Hon D C Kotz

Hon G M Gunn

Dr McFetridge

Hon J D Hill

Mr Meier

Hon S W Key

Mrs Redmond

Mr Koutsantonis

Mr Scalzi

Hon J D Lomax-Smith

Mr Venning

Hon K A Maywald

Mr Williams

Hon R J McEwen

Mr Brokenshire (Teller)

Mr O'Brien

 

Ms Rankine

 

Mr Rau

 

Mr Snelling

 

Hon L Stevens

 

Ms Thompson

 

Hon J W Weatherill

 

Hon P L White

 

Hon M J Wright (Teller)

 

         So it passed in the negative.

 

36      Gaming Machines (Miscellaneous) Amendment Bill

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

 

In Committee

Clause No 12 as previously amended agreed to.

Title agreed to.

 

____________

 

         The House having resumed:

Hon R B Such reported that the Committee had considered the Bill referred to it and had agreed to the same with amendments.

 

The Minister for Gambling moved - That this Bill be now read a third time.

Debate ensued.

Question put and passed.

 

         Bill read a third time and passed.

 

37      Suspension of Standing Orders

The Minister for Infrastructure, without notice, moved – That Standing and Sessional Orders be so far suspended as to provide that the House sit at 2 pm on Thursday 28 October and that Other Motions set down for that day be set down for Thursday 11 November after Other Motions on that day.

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

 

38      Adjournment

House adjourned at 3.50 am until today at 2.00 pm.

 

____________

 

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

            For Wednesday 10 November

 

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

 

Mr Caica to move That the Seventh Report of the Parliamentary Committee on Occupational Safety, Rehabilitation and Compensation entitled the Occupational Health, Safety and Welfare (Safework SA) Amendment Bill, be noted.

 

Mr Hanna to move – That the Regulations made under the Land Agents Act 1994 entitled Homebuyers Seminars, made on 5 August and laid on the Table of this House on 15 September, be disallowed.

 

Mr Hanna to move – That the Regulations made under the Local Government Act 1999 entitled Eligible Rollover Fund, made on 27 July and laid on the Table of this House on 15 September, be disallowed.

 

Mr Hanna to move – That the Regulations made under the Plumbers, Gas Fitters and Electricians Act 1995 entitled Apprentices, made on 9 September and laid on the Table of this House on 15 September, be disallowed.

____________

 

 

 

 

 

 

 

 

 

 

 

Present during the day - All Members.

 

 

 

 

 

                                                                                                                        Peter Lewis

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY