No 15

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

TUESDAY 28 NOVEMBER 2000

 

 

1       Meeting of House

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

 

2       Petitions Nos 42 to 45

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

 

42   The Minister for Human Services (Hon D C Brown), from 11 residents of South Australia, requesting that the House urge the Government to maintain teaching, intensive care, emergency services and inpatient care at the Queen Elizabeth Hospital.

 

43   The Minister for Education and Children’s Services (Hon M R Buckby), from 196 residents of South Australia, requesting that the House ensure continued access by the community to the Tanunda Primary School site by transferring ownership to the Barossa Council.

 

44   The Minister for Environment and Heritage (Hon I F Evans), from 253 residents of South Australia, requesting that the House urge the Government to establish a water treatment plant at the Patawalonga seawater circulation channel weir.

 

45   Ms Thompson, from 226 residents of South Australia, requesting that the House urge the Minister for Education and Children’s Services to review student drop-off and pick-up arrangements at state schools.

 

3       Answers to questions

Answers to questions on the Notice Paper Nos 1, 4, 6, 10, 25 and 38 and questions without notice were tabled by the Speaker.

 

4       Papers

         The Speaker laid on the Table the following reports:

 

Auditor-General Supplementary Report – Agency Audit Reports.

Ordered to be published (Paper No 4C).

 

Auditor-General Supplementary Report – Electricity Business Disposal Process in South Australia: Engagement of Advisers: Some Audit Observations.

Ordered to be published (Paper No 4D).

 

South Australian Ombudsman – Report, 1999-2000.

Ordered to be published (Paper No 76).

 


5       Papers

         The following Papers were tabled:

 

By the Premier (Hon J W Olsen) –

      Office for the Commissioner for Public Employment – South Australian Public Sector Workforce Information at June 2000

 

By the Minister for Human Services –

      Abortions Notified in South Australia – Committee Appointed to Examine and Report on – Report, 1999

      Development Act - District Council of Loxton Waikerie – Loxton (DC), Waikerie (DC) and Browns Well (DC) Development Plans – General Review and Consolidation Plan Amendment Report

      Libraries Board of South Australia – Report, 1999-2000

 

      Regulations under the following Acts –

            Guardianship and Administration – GST

            Harbors and Navigation – Miscellaneous

            Mental Health – GST

 

By the Minister for Government Enterprises (Hon M H Armitage) –

      Department for Administrative and Information Services – Report, 1999-2000

      Privacy Committee of South Australia – Report, 1999-2000

      State Supply Board – Report, 1999-2000

 

      Regulations under the following Acts –

            Forestry – Forestry Corp Transfer

            Workers Rehabilitation and Compensation – New Tax Form

 

By the Minister for Education and Children’s Services –

      Budget Results, 1999-2000

      Flinders Power Pty Ltd – Report, 1999-2000

      Ministerial Statement – 1999-2000 Budget Results

 

      Electricity Act – Regulations – Planning Council Functions

 

By the Minister for Environment and Heritage –

      Listening Devices Act – Report on Operation, 1999-2000

     

      Regulations under the following Acts –

            Environment Protection – Burning Policy

            Legal Practitioners – Practising Certificate Fee

            Summary Offences – Offensive Weapons

 

By the Minister for Recreation, Sport and Racing (Hon I F Evans) –

      SA Greyhound Racing Authority – Report, 1999-2000

 

By the Minister for Local Government (Hon D C Kotz) –

      Corporation By-Laws –

            City of West Torrens –

                  No 1 – Permits and Penalties

                  No 2 – Moveable Signs

                  No 3 – Local Government Land

                  No 4 – Roads

                  No 5 – Dogs

 

By the Minister for Police, Correctional Services and Emergency Services (Hon R L Brokenshire) –

      Police Complaints Authority and the Commissioner of Police – Agreement –

            Misconduct and Internal Inquiry.

By the Minister for Water Resources (Hon M K Brindal) –

      South Australian Youth Parliament 2000 – Outcomes Package.

 

6       Environment, Resources and Development Committee - Report – Native Fauna and Agriculture

Mr Venning brought up the Forty-First Report of the Committee on Native Fauna and Agriculture.

Report received.

Ordered to be published (Paper No 199).

 

7       Questions

      Questions without notice were asked.

 

8       Grievance debate

         The Speaker proposed - That the House note grievances.

         Debate ensued.

         Question put and passed.

 

9       Publication of Auditor-General’s Report – Motion re

The Deputy Premier (Hon R G Kerin), by leave, moved – That upon presentation to the Speaker of a copy of the Auditor-General’s Supplementary Report on Dealings Relating to the Hindmarsh Stadium Redevelopment Project, the Speaker is hereby authorised to publish and distribute such report.

Question put and passed.

 

10      Occupational Health, Safety and Welfare (Penalties) Amendment Bill

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

      The Minister for Government Enterprises moved - That this Bill be now read a second time.

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

 

11      TAB (Disposal) Bill

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

 

In Committee

                                                               Clause No 11 further considered and agreed to.

                                                              

Mr Lewis moved to insert a new clause as follows:

      Racing industry's option to purchase

            11A. (1) A sale agreement may not be entered into within 8 months after the commencement of section 11 unless—

                  (a)  the purchaser is two or more of the following:

                        (i)            the racing controlling authority for horse racing;

                        (ii)            the racing controlling authority for harness racing;

                        (iii)           the racing controlling authority for greyhound racing;

                  (iv)  a body established for the purpose by two or more of the racing controlling authorities; or

                  (b)  each of the racing controlling authorities has, by written notice to the Minister, declined to enter into a sale agreement.

                  (2) A racing controlling authority may not decline to enter into a sale agreement under subsection (1)(b) unless a resolution to that effect has been passed at a meeting of the authority of which at least one month's written notice has been given to each member of the authority.

                  (3) In this section—

                  "racing controlling authority" has the same meaning as in the Authorised Betting Operations Act 2000.

Question – That new Clause 11A be inserted – put.

 

 

 

      Division, only one Aye

Question put and the House proceeded to a division; but only one Member appearing on the side of the Ayes, the Acting Chairman declared the Noes had it.

So it passed in the negative.

 

                                                               Clauses Nos 12 and 13 agreed to.

                                                               New Clause No 13A inserted.

                                                               Clause No 14 agreed to.

                                                               Clauses Nos 15 and 16 amended and agreed to.

                                                               Clauses Nos 17 to 25 agreed to.

                                                               Schedule No 1 agreed to.

                                                               Schedule No 2 considered.

 

         To report progress and ask leave to sit again.

 

____________

 

         The House having resumed:

Hon G A Ingerson reported that the Committee had further 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

The Minister for Government Enterprises moved - That the time for moving the adjournment of the House be extended beyond 10.00 pm.

Question put and passed.

 

13      Message from the Legislative Council

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

 

         Hairdressers (Miscellaneous) Amendment Bill                            Message No 21

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Hairdressers Act 1988, to which it desires the concurrence of the House of Assembly.

         Legislative Council, 28 November 2000                                        J C Irwin, PRESIDENT

 

         Bill read a first time.

 

         Ordered – That the second reading be taken into consideration on motion.

 

14      TAB (Disposal) Bill

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

 

In Committee

                                                Schedule No 2 further considered, amended and agreed to.

                                                Schedule No 3 agreed to.

                                                Schedule No 4 amended and agreed to.

                                                Title agreed to.

 

____________

 

         The House having resumed:

Hon G A Ingerson reported that the Committee had further considered the Bill referred to it and had agreed to the same with amendments.

 


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

Debate ensued.

Question put.

         House divided (No 1):

 


                       Ayes, 22

 

Hon M K Brindal

Hon R L Brokenshire

Hon D C Brown

Hon M R Buckby

Mr Condous

Hon I F Evans

Hon G M Gunn

Hon J L Hall

Mr Hamilton-Smith

Hon G A Ingerson

Hon R G Kerin

Hon D C Kotz

Hon W A Matthew

Ms Maywald

Mr McEwen

Mr Meier

Hon J W Olsen

Mrs Penfold

Mr Scalzi

Mr Venning

Mr Williams

Hon M H Armitage (Teller)


        Noes, 22

 

Mr Atkinson

Ms Bedford

Ms Breuer

Ms Ciccarello

Mr Clarke

Mr Conlon

Mr De Laine

Mr Foley

Mrs Geraghty

Mr Hanna

Mr Hill

Ms Hurley

Ms Key

Mr Koutsantonis

Mr Lewis

Ms Rankine

Hon M D Rann

Mr Snelling

Ms Stevens

Hon R B Such

Ms Thompson

Mr Wright (Teller)


 

         Casting Vote

The number of Ayes and Noes being equal, the Speaker gave his casting vote for the Ayes because in his view the Bill is an important piece of public policy that should be given the opportunity to be examined in the Legislative Council.

 

So it was resolved in the affirmative.

 

         Bill read a third time and passed.

 

15      Message from the Legislative Council

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

 

         Development (System Improvement Program) Amendment Bill                                                                                 Message No 22

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Development Act 1993 and to make related amendments to the Environment Protection Act 1993, the Environment, Resources and Development Court Act 1993, the Irrigation Act 1994, the Native Vegetation Act 1991, the Roads (Opening and Closing) Act 1991 and the Water Resources Act 1997, to which it desires the concurrence of the House of Assembly.

         Legislative Council, 28 November 2000                                        J C Irwin, PRESIDENT

 

         Bill read a first time.

 

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

 


16      Authorised Betting Operations 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.

 

         To report progress and ask leave to sit again.

 

____________

 

         The House having resumed:

Hon G M Gunn 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.

 

17      Adjournment

         House adjourned at 11.57 pm until tomorrow at 2.00 pm.

 

____________

 

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

         For Wednesday 29 November 2000

 

Notices of Motion: Government Business

 

The Minister for Government Enterprises to move – That he have leave to introduce a Bill for an Act to make provision for the disposal of the business of the Lotteries Commission of South Australia; to amend and subsequently repeal the State Lotteries Act 1966: to amend the Racing Act 1976; and for other purposes.

 

The Minister for Government Enterprises to move – That he have leave to introduce a Bill for an Act to provide for the licensing and regulation of the conduct of lotteries; and to amend the Gaming Supervisory Act 1995 and the Lottery and Gaming Act 1936.

 

The Minister for Water Resources to move – That he have leave to introduce a Bill for an Act to ratify and approve the Lake Eyre Basin Intergovernmental Agreement; and for other purposes.

 

Notice of Motion: Committee Reports

 

Mr Venning to move – That the Forty-First Report of the Environment, Resources and Development Committee on Native Fauna and Agriculture be noted.

 

 


         For Thursday 30 November 2000

 

Notice of Motion: Private Members Bills/Committees/Regulations

 

Mr Hill to move – That a Select Committee be established to examine appropriate water resource allocation and management policies in relation to forestry and any other relevant matters.

 

Notices of Motion: Other Motions

 

Hon M D Rann to move – That this House congratulates the workers and management of Mitsubishi Motors Australia for their hard effort which has been rewarded in the announcement on 28 November that the Company’s parent is to provide $172M in funds for financial and industry restructuring and looks forward to the continuation of Mitsubishi’s vital contribution to the South Australian economy as a manufacturer of high quality motor vehicles and further is highly supportive of the company’s efforts to expand exports to the USA and Middle East.

 

Mr De Laine to move – That this House calls on the Government to urgently review the existing use of A and B Double road trains currently operating in the Adelaide metropolitan area with the view to restricting or preventing the use of these vehicles in areas where they cannot operate safely.

 

Hon M D Rann to move – That this House calls on the Australian Foreign Minister to convey to the Republic of Turkey the view that all parties, including Turkey, should abide by the resolution of the Ministers of the Council of Europe regarding the judgement of the European Court of Human Rights in relation to the Loizidou case and calls on the Federal Attorney-General to provide advice and assistance to Australian citizens who were refugees from Cyprus to mount a test case in the Court over violation of their human rights and compensation for dispossession of their property since the invasion of 1974. 

 

 

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         Present during the day - All Members except Ms White and Hon D C Wotton.

 

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

 

         Division No 1 -

               Ayes - Hon D C Wotton.

               Noes – Ms White.

 

 

 

 

 

                                                                                                            J K G Oswald

                                                                                                            SPEAKER

 

G D Mitchell

CLERK OF THE HOUSE OF ASSEMBLY