No 15

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

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THURSDAY 28 OCTOBER 2004

 

 

1       Meeting of House

         The House met pursuant to adjournment. The Speaker (Hon Peter Lewis) took the Chair and read prayers.

 

2       Petitions Nos 25 and 26

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

 

25     Ms Rankine, from 3,247 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.

 

26  Mr Brokenshire, from 685 residents of South Australia, requesting the House to urge the Minister to instruct Transport SA Planning Liaison Section to immediately redesign and construct a safety intersection at the junction of the Murray Bridge to Loxton Road and the Murray Bridge to Mannum Road before more people are maimed or killed.

 

3       Papers

         The following Papers were tabled:

 

By the Minister for Police (Hon K O Foley) –

      South Australia Police – Report 2003-2004

 

      Regulations under the following Act –

                  Firearms – Policing Conference

 

By the Minister for Energy (Hon P F Conlon) –

      Energy Consumers Council – Report 2003-2004

      Electricity Supply Industry Planning Council – Report 2003-2004

 

By the Minister for Emergency Services (Hon P F Conlon) –

      Emergency Services Administrative Unit – Report 2003-2004

      State Emergency Service, Activities of the – Report 2003-2004

      SA Country Fire Service – Report 2003-2004

      South Australian Metropolitan Fire Service – Report 2003-2004

 

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

      Great Southern Rail Ltd – System Safety Accident Investigation into the Guest Fatality Train 1AP8 – 2 August 2004

 

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

      Environment and Heritage, Department for – Report 2003-2004

      State Heritage Authority – Report 2003-2004

 

By the Minister for Gambling (Hon M J Wright) –

      Independent Gambling Authority – Study into the relationship between crime and problem gambling.

 

4       Economic and Finance Committee – Final Report – Real Estate Industry Indemnity Fund

Ms Thompson brought up the 50th Report of the Committee on the Real Estate Industry Indemnity Fund.

Report received.

Ordered to be published (Paper No 184).

 

5       Questions

Questions without notice were asked.

 

6       Grievance debate

On motion of the Speaker, the House noted grievances.

 

7       Statutes Amendment (Drink Driving) Bill

The Minister for Transport, pursuant to notice, moved - That she have leave to introduce a Bill for an Act to amend the Motor Vehicles Act 1959 and the Road Traffic Act 1961.

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 Mrs Redmond, that the debate be adjourned until Monday 8 November.

 

8       Next day of sitting

Ordered, on motion of the Minister for Families and Communities (Hon J W Weatherill), that the House at its rising adjourn until Monday 8 November at 2.00 pm.

 

9       Commission of Inquiry (Children in State Care) (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.

 

In Committee

Clauses Nos 1 to 3 agreed to.

Clause No 4 amended and agreed to.

Clause No 5 agreed to.

Title agreed to.

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         The House having resumed:

Mr Snelling reported that the Committee had considered the Bill referred to it and had agreed to the same with an amendment.

 

Bill read a third time and passed.

 

10      Statutes Amendment (Relationships) Bill

Order of the Day read for the adjourned debate on the question - That this Bill be now read a second time.

Debate resumed.

 

11      Extension of time for adjournment

Ordered, on motion of the Attorney-General, that the time for moving the adjournment of the House be extended beyond 5.00 pm.

 

 

12      Statutes Amendment (Relationships) Bill

Debate (interrupted by the foregoing) resumed

Ordered, on motion of Ms Chapman, that the debate be further adjourned until Monday 8 November.

 

13      Messages from the Legislative Council

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

 

         Tobacco Products Regulation (Further Restrictions) Amendment Bill                                                        Message No 6

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Tobacco Products Regulations Act 1977, with the amendments indicated by the annexed Schedule, to which the Legislative Council desires the concurrence of the House of Assembly.

         Legislative Council, 28 October 2004                                              R R Roberts, PRESIDENT

 

Schedule of the amendments made by the Legislative Council

 

Amendment No 1

Clause 4, page 4, lines 12 to 15—

Delete paragraphs (b) and (c) and substitute:

(b)     a place (other than a vehicle) where only a single self-employed person is working; or

(c)     a vehicle that is used for work purposes by only one person; or

 

Amendment No 2

Clause 12, page 6, line 9—

After "licence" insert:

and no other such vending machine is situated in the gaming area or any other part of the premises in respect of which the licence is in force under the Liquor Licensing Act 1997

 

Amendment No 3

Clause 12, page 6, line 14—

After "holder of the licence" insert:

and no other such vending machine is situated in the premises in respect of which the licence is in force

 

Amendment No 4

Clause 12, page 6, line 17—

After "1997" insert:

and no other such vending machine is situated in the casino

 

Amendment No 5

Page 8, after line 12—

Insert:

15A—Amendment of section 41—Prohibition of certain sponsorships

Section 41(3)—delete subsection (3)

 

Amendment No 6

Page 12, before line 14—

Insert:

16A—Insertion of Part 6

After section 69 insert:

Part 6—Trial of nicotine replacement therapy to aid in quitting smoking

70—Trial of nicotine replacement therapy to aid in quitting smoking

(1)    The Minister must establish a scheme to trial the effectiveness of using nicotine replacement therapy to overcome the physical addiction to tobacco products.

(2)    The Minister must establish the scheme in accordance with the following principles:

(a)  at least 1 000 users of tobacco products who wish to quit using tobacco products must participate in the trial;

(b)  the trial must be conducted in accordance with established scientific methods using control groups;

(c)  participants in the trial must be selected according to a means test;

(d)  participants in the trial must receive a subsidy determined by the Minister of up to 75% of any cost incurred by the participant for nicotine replacement therapy but not exceeding $300 per participant;

(e)  an evaluation of the trial must be carried out to determine—

(i) whether the nicotine replacement therapy contributed significantly to the success rate of participants quitting the use of tobacco products; and

(ii)whether making nicotine replacement therapy generally affordable would be a cost-effective method of dealing with a serious public health issue.

 

(3)    The Minister must take into account any recommendations of Quit SA when establishing the scheme.

Note—

Quit SA is an initiative of The Cancer Council of Australia and the National Heart Foundation (SA Division). Most of its funding is provided by the State Government.

 

Amendment No 7

Clause 19, page 12, after line 31—

Insert:

(2a)  Section 87(2)(f)—delete "in, or in conjunction with, advertisements of tobacco products" and substitute:

at premises at which tobacco products are offered for sale by retail

 

         J M Davis CLERK OF THE LEGISLATIVE COUNCIL

 

         Ordered - That the amendments be taken into consideration forthwith.

 

In Committee

         Resolved - That the amendments be agreed to.

 

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         The House having resumed:

Hon R B Such reported that the Committee had considered the amendments referred to it and had agreed to the same without amendment.

 

         Stamp Duties (Miscellaneous) Amendment Bill                                      Message No 7

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Stamp Duties Act 1923, without any amendment.

         Legislative Council, 28 October 2004                                R R Roberts, PRESIDENT

 

14      Adjournment

House adjourned at 5.58 pm until Monday 8 November at 2.00 pm.

 

 

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MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

 

 

            For Wednesday 8 November

 

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

 

Ms Thompson to move – That the Fiftieth Report of the Economic and Finance Committee entitled Real Estate Industry Indemnity Fund be noted.

 

 

Contingent Motion

 

 

Contingently on the Order of the Day being read for the adjourned debate on the second reading of the Constitution (Term of Members of the Legislative Council) Amendment Bill, Mr Hanna to move – That Standing Orders be and remain so far suspended as to enable, forthwith, in relation to the Constitution (Term of Members of the Legislative Council) Amendment Bill, the Statutes Amendment (Multi-Member Electorates) Bill, the Electoral (Optional Preferential Voting) Amendment Bill, the Referendum (Term of Members of the Legislative Council) Bill; the Referendum (Multi-Member Electorates) Bill; the Direct Democracy (Citizen-Initiated Referendums) Bill; and the Referendum (Direct Democracy) Bill –

(a)        one second reading debate to be undertaken;

(b)       separate questions to be put on each Bill at the conclusion of the second reading debate;

(c)       the Bills to be considered in one Committee of the Whole House;

(d)       one third reading debate to be undertaken; and

(e)       separate questions to be put on each Bill at the conclusion of the third reading debate.

 

 

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Present during the day - All Members except the Premier (Hon M D Rann) and Hon D C Kotz.

 

 

 

 

 

                                                                                                                        Peter Lewis

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY