No. 16

 

                    VOTES AND PROCEEDINGS

 

                           OF THE

 

                      HOUSE OF ASSEMBLY

 

                                ____________

 

 

                           TUESDAY 12 APRIL 1994

 

 

 1   Meeting of House

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

 

 2   Death of Mr J. Tiernan

     The Premier (Hon. D.C. Brown) moved - That this House expresses its regret at the recent death of Mr Joe Tiernan, former Member for Torrens and places on record its appreciation of his short but meritorious service to this House; and as a mark of respect to his memory the sitting of the House be suspended until the ringing of the bells.

     And being supported by Hon. L.M.F. Arnold, the Deputy Premier (Hon. S.J. Baker), Mr Ashenden, Mr Meier, the Minister of Tourism (Hon. G.A. Ingerson), the Minister for the Environment and Natural Resources (Hon. D.C. Wotton) and the Speaker:

     Motion carried in silence:  Members rising in their places.

 

 3   Suspension and resumption of sitting

     At 2.28 p.m. the sitting of the House was suspended.

     At 2.45 p.m. the Speaker resumed the Chair.

 

 4   Messages from the Governor

     The following Messages from the Governor were received and read:

 

     Debits Tax Bill - Recommending                          Message No. 6

     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 Debits Tax Bill 1994.

     Government House, 12 April 1994                   R.F. Mitchell, GOVERNOR

 

     Assent to Bills                                         Message No. 7

     The Governor informs the House of Assembly that, in the name and on behalf of Her Majesty The Queen, the following Acts have been assented to during the present Session, viz. -

     No. 2 of 1994 - An Act to repeal the Minister of Agriculture Incorporation Act 1952, the Minister of Lands Incorporation Act 1947 and the Treasurer's Incorporation Act 1949; and for other purposes.

     No. 3 of 1994 - An Act to provide for matters relating to the administration of the Government of the State; to repeal the Administration of Acts Act 1910; and for other purposes.

     No. 4 of 1994 - An Act to amend the Correctional Services Act 1982.

     Government House, 12 April 1994                   R.F. Mitchell, GOVERNOR

 


 5   Petitions Nos 39 and 40

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

 

     39 Mr Cummins, from 3 135 residents of South Australia, requesting that the House urge the Government to further inquire into the circumstances surrounding the death of Mr Terry Akritiois.

 

     40 Mrs Rosenberg, from 319 residents of South Australia, requesting that the House urge the Government to install traffic lights on Main South Road at Old Noarlunga.

 

 6   Papers

     The following Papers were tabled:

 

     By the Deputy Premier -

       Rules of Court -

         District Court - District Court Act - Caseflow Management

         Magistrates Court - Magistrates Court Act - Forms, Various - Amendments

         Supreme Court - Supreme Court Act -

           Appeals

           Criminal - Caseflow Management

       Judges of the Supreme Court of South Australia - Report, 1993

 

     By the Treasurer (Hon. S.J. Baker) -

       Friendly Societies Act - Amendments to General Laws - Lifeplan Community Services

    

     By the Minister for Industrial Affairs (Hon. G.A. Ingerson) -

       Workers Rehabilitation and Compensation Act - Regulations - Written Determinations

 

     By the Minister for Industry, Manufacturing, Small Business and Regional Development

     (Hon. J.W. Olsen) -

       Motor Vehicles Act - Regulations - Trader Plates

 

     By the Minister for Infrastructure (Hon. J.W. Olsen) -

       Waterworks Act - Regulations - Mount Lofty Ranges Watershed

 

     By the Minister for the Environment and Natural Resources -

       Beverage Container Act - Regulations - Glass Containers Exempted.

 

 7   Questions

     Questions without notice were asked.

 

 8   Member named

     The Speaker named the Member for Ross Smith (Mr Clarke) for wilfully refusing to regard the authority of the Chair.

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

 

 9   Questions

     Questions without notice (interrupted by the foregoing naming) resumed.

 

10   Grievance debate

     The Speaker proposed - That the House note grievances.

     Debate ensued.

     Question put and passed.

 


11   Limitation of debate

     The Deputy Premier moved - That the time allotted for completion of the:

        Real Property (Miscellaneous) Amendment Bill;

        Wills (Miscellaneous) Amendment Bill:

        Parliamentary Committees (Miscellaneous) Amendment Bill;

        Acts Interpretation (Monetary Amounts) Amendment Bill;

        Debits Tax Bill;

        Stamp Duties (Securities Clearing House) Amendment Bill;

        Stamp Duties (Concessions) Amendment Bill; and

        Industrial and Employee Relations Bill;

     be until 6.00 p.m. on Thursday 14 April.

     Question put.

     House divided (No. 1):

 

              Ayes, 30.

 

         Hon. H. Allison

         Mr Andrew

         Hon. M.H. Armitage

         Mr Ashenden

         Hon. D.S. Baker

         Mr Bass

         Mr Becker

         Mr Brokenshire

         Mr Buckby

         Mr Caudell

         Mr Condous

         Mr Evans

         Ms Greig

         Ms Hall

         Hon. G.A. Ingerson

         Mr Kerin

         Mrs Kotz

         Mr Leggett

         Mr Lewis

         Hon. W.A. Matthew

         Mr Meier

         Hon. J.K.G. Oswald

         Ms Penfold

         Ms Rosenberg

         Mr Rossi

         Mr Scalzi

         Hon. R.B. Such

         Mr Wade

         Hon. D.C. Wotton

         Hon. S.J. Baker (Teller)

              Noes, 7.

 

         Mr Atkinson

         Hon. F.T. Blevins

         Mr De Laine

         Mr Foley

         Ms Hurley

         Mr Quirke

         Hon. M.D. Rann (Teller)

 

       

     So it was resolved in the affirmative.

 

12   Postponement of business

     Ordered - That Orders of the Day (Government Business) Nos 1 to 6 be postponed and taken into consideration after Order of the Day (Government Business) No. 8.

 

13   Real Property (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.


     By leave, House proceeded to the third reading.

 

     Bill read a third time and passed.

 

14   Wills (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.

     By leave, House proceeded to the third reading.

 

     Bill read a third time and passed.

 

15   Parliamentary Committees (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 and 2 agreed to.

                        Clause No. 3 read.

 

     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, made progress therein and asked leave to sit again.

     Ordered - That the Committee have leave to sit again on motion.

 

16   Postponement of business

     Ordered - That Orders of the Day (Government Business) Nos 2 and 3 be postponed and taken into consideration after Order of the Day (Government Business) No. 5.

 

17   Acts Interpretation (Monetary Amounts) 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.

     By leave, House proceeded to the third reading.

 

     Bill read a third time and passed.

 

18   Debits Tax 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.

     By leave, House proceeded to the third reading.

 

     Bill read a third time and passed.

 

19   Stamp Duties (Securities Clearing House) 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 5 agreed to.

                        Clause No. 6 amended and agreed to.

                        Clauses Nos 7 to 15 agreed to.

                        Title agreed to.

 

                                ____________

 

     The House having resumed:

     Hon. H. Allison 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.

 

20   Stamp Duties (Concessions) 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 6 agreed to.

                        Clause No. 7 read.

     Mr Quirke moved on page 3, line 24, to leave out the words "used for the business of primary production".

     Question put and negatived.

     Mr Quirke moved on page 3, line 27 and 28, to leave out all words in these lines after the word "relates" and insert in lieu thereof the following:

        (i)  is used wholly or mainly for the business of primary production and is not less than 0.8 hectares in area:

            or

        (iii)            is, or within 12 months immediately before the date of the instrument has been, the principal place of residence of the natural person who, or whose trustee, is the transferor; .

        and in lines 29 to 36 to leave out paragraph (b) and insert in lieu thereof new paragraph as            follows:

     (b)     in the case of land used wholly or mainly for the business of primary production -

        (i)  that immediately before the instrument there was a business relationship between -

            -  the natural person (A) who, or whose trustee, is the transferor;

            and

            -  the natural person (B) who, or whose trustee, is the transferee, or a lineal ancestor or spouse of B,

            (otherwise than in relation to the transfer) with respect to the use of the land for the business of primary production;

            and

        (ii) that immediately before the instrument the sole or principal business of the natural person who, or whose trustee, is the transferor has been the business of primary production:.

 

     and on page 4, line 9, after "(b)" insert "(i)".

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

                        Clause agreed to.

                        Clause No. 8 read.

     Mr Quirke moved on page 5, lines 15 to 17, to leave out all words in these lines after the word "property" and insert in lieu thereof the following:

     (i)     is used wholly or mainly for the business or primary production and is not less than 0.8 hectares in area;

     (ii)    is used wholly or mainly for a small business;

     or

     (iii)   is the principal place of residence of the mortgagor;

    

     and on page 5, after line 17, to insert new paragraph as follows:

     (ca) -

     (i)     in the case of land used wholly or mainly for the business of primary production - that the sole or principal business of the mortgagor is the business of primary production;

     (ii)    in the case of land used wholly or mainly for a small business - that the mortgagor is a proprietor of the business;

 

     and after line 29 insert definition as follows:

     "small business": means a business with a value not exceeding $200 000 or, if some other greater amount is prescribed, that amount (disregarding, for the purposes of this definition, the value of the relevant land);.

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

                        Clause agreed to.

                        Clauses Nos 9 and 10 agreed to.

                        Title agreed to.

                                ____________

 

     The House having resumed:

     Hon. H. Allison 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.

 

21   Messages from the Legislative Council

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

 

     Guardianship and Administration (Approved Treatment Centres)

        Amendment Bill                                       Message No. 21

     MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Guardianship and Administration Act 1993, without any amendment.

     Legislative Council, 12 April 1994                H.P.K. Dunn, PRESIDENT

 

 

 

     Mental Health (Transitional Provision) Amendment Bill         Message No. 22

     MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Mental Health Act 1993, without any amendment.

     Legislative Council, 12 April 1994                H.P.K. Dunn, PRESIDENT

 

22   Parliamentary Committees (Miscellaneous) Amendment Bill

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

 

                                In Committee

                        Clause No. 3 further considered.

     Mr Becker moved on page 1, lines 19 and 20, to leave out paragraph (a) and insert new paragraph as follows:

     (a)     by striking out from paragraph (a) of the definition of "appointing House or Houses" "the Economic and Finance Committee" and substituting "the Public Accounts Committee or the Public Works Committee";.

 

     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 on motion.

 

23   Extension of time for adjournment

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

     Question put and passed.

 

24   Parliamentary Committees (Miscellaneous) Amendment Bill

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

 

                                In Committee

                        Clause No. 3 further considered.

     Mr Becker's amendment further considered and agreed to.

                        Clause further amended and agreed to.

                        New Clauses Nos 3A to 3C inserted.

                        Clause No. 4 amended and agreed to.

                        Clauses Nos 5 to 13 agreed to.

                        Clause No. 14 amended and agreed to.

                        Schedule amended and agreed to.

                        Title agreed to.

 

                                ____________

 

     The House having resumed:

     Hon. H. Allison 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.

 

25   Adjournment

     House adjourned at 10.23 p.m. until tomorrow at 2.00 p.m.

 

                                ____________

 

                     MOTIONS OF WHICH NOTICE WAS GIVEN

 

For Thursday 21 April 1994

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

 

Mr Lewis to move - That this House restores the reference of Citizens Initiated Referenda (C.I.R.) to the Legislative Review Committee agenda and seeks an interim report before 12 August 1994  outlining the steps taken by the Committee to collect evidence and summarizing the majority opinion of submissions about the proposal.

 

     Notice of Motion: Other Motions-

 

Mr Lewis to move - That this House commends the Minister for Tourism for the very responsible and swift action he has taken to introduce a viable marketing plan to further develop and enhance the offerings of tourism products in South Australia and to improve the infrastructure and facilities necessary to cater for the anticipated increase and visitors number from interstate and overseas; and in particular, commends him for the assurance he has given the current Murraylands Region that it will be able to continue with its well focussed marketing plan to sell holidays interstate and overseas for people who seek to enjoy eco-tourism.

 

                                ____________

 

 

     Present during the day - All Members except Hon. J.W. Olsen.

 

 

 

 

 

                                                            G.M. Gunn

                                                            SPEAKER

 

G.D. Mitchell

CLERK