No 16

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

WEDNESDAY 29 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       Messages from the Governor

      The following Messages from the Governor were received and read:

 

      Assent to Bill                                                                         Message No 9

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

No 65 of 2000 – An Act to amend the Associations Incorporation Act 1985

Government House, 29 November 2000                                       E J Neal, GOVERNOR

 

Authorised Lotteries Bill – Recommending                                Message No 11

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 Authorised Lotteries Bill 2000.

Government House, 29 November 2000                                       E J Neal, GOVERNOR

 

      Lotteries Commission (Disposal) Bill - Recommending         Message No 12

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 Lotteries Commission (Disposal) Bill 2000.

Government House, 29 November 2000                                       E J Neal, GOVERNOR

 

3       Petitions Nos 46 to 48

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

 

46   Mrs Geraghty, from 932 residents of South Australia, requesting that the House urge the Government to protect underage children from illicit drug use and sexual exploitation.

 

47   Mr Hanna, from 13 residents of South Australia, requesting that the House strengthen the law in relation to prostitution and ban prostitution related advertising.

 

48   Mr Hill, from 212 residents of South Australia, requesting that the House prohibit the establishment of a national intermediate or high level radioactive waste storage facility in South Australia.

 


4       Papers

The following Papers were tabled:

 

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

               Education Adelaide Corporation – Charter

               Education Adelaide – Report, 1999-2000.

 

5       Legislative Review Committee - Reports

 

Seventh

Mr Condous brought up the Seventh Report of the Legislative Review 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 Notices 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:

Water Resources Act 1997 – Holding Allocation Exemption.

By-Laws referred to:

City of Charles Sturt – By-Laws –

No 2     Moveable Signs

No 3     Local Government Land

No 4     Streets and Roads

No 5     Lodging Houses

No 6     Dogs.

 

Eighth

Mr Condous brought up the Eighth Report of the Legislative Review Committee.

Report received.

 

Concerning an Inquiry into a Proposal to Create a Public Interest Advocate in relation to Listening Devices

Mr Condous brought up the Report of the Legislative Review Committee Concerning an Inquiry into a Proposal to Create a Public Interest Advocate in relation to Listening Devices.

Report received.

 

6       Questions

Questions without notice were asked.

 


7       Suspension of Standing Orders

Mr Atkinson, without notice, moved - That Standing Orders be so far suspended as to enable him to introduce a Bill forthwith and for it to pass through all stages without delay.

Question put.

         House divided (No 1):

 


                       Ayes, 23

 

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

Mr McEwen

Ms Rankine

Hon M D Rann

Mr Snelling

Ms Stevens

Hon R B Such

Ms Thompson

Mr Wright

Mr Atkinson (Teller)


        Noes, 21

 

Hon M H Armitage

Hon M K Brindal

Hon R L Brokenshire

Hon D C Brown

Hon R B Buckby

Mr Condous

Hon I F Evans

Hon G M Gunn

Hon J L Hall

Mr Hamilton-Smith

Hon G A Ingerson

Hon D C Kotz

Hon W A Matthew

Ms Maywald

Mr Meier

Hon J W Olsen

Mrs Penfold

Mr Scalzi

Mr Venning

Mr Williams

Hon R G Kerin (Teller)


 

 

         Lack of absolute majority

So it was resolved in the affirmative but the Speaker ruled that the motion lapsed due to the want of an absolute majority.

 

8       Grievance debate

         The Speaker proposed - That the House note grievances.

         Debate ensued.

         Question put and passed.

 

9       Public Works Committee Report – Gomersal Road – Sturt Highway to Barossa Way – Final Report – Motion to note

         Mr Lewis, pursuant to notice, moved - That the One Hundred and Thirty-Ninth Report of the Public Works Committee on the Gomersal Road – Sturt Highway to Barossa Valley Way – Final Report be noted.

         Debate ensued.

         Question put and passed.

 

10      Public Works Committee Report – Police Relocation from 1 Angas Street, Adelaide – Final Report – Motion to note

         Mr Lewis, pursuant to notice, moved - That the One Hundred and Fortieth Report of the Public Works Committee on the Police Relocation from 1 Angas Street, Adelaide – Final Report be noted.

         Debate ensued.

         Question put and passed.

 


11      Public Works Committee Report – Commercial Road, Port Noarlunga Upgrade – Final Report – Motion to note

         Mr Lewis, pursuant to notice, moved - That the One Hundred and Forty-First Report of the Public Works Committee on the Commercial Road, Port Noarlunga Upgrade – Final Report be noted.

         Debate ensued.

         Question put and passed.

 

12      Environment, Resources and Development Committee Report Native Fauna and Agriculture – Motion  to note

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

 

 

The time for the consideration of Standing Committee Reports having expired, the motion was adjourned (Mr Venning, by leave) and made an Order of the Day for Thursday 7 December .

 

 

13      Postponement of business

Ordered - That Notice of Motion: Government Business No 1 to be postponed until tomorrow.

 

14      Lotteries Commission (Disposal) Bill

The Minister for Government Enterprises, pursuant to notice, moved – 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.

Question put.

         House divided (No 2):

 


                       Ayes, 20

 

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

Mr Meier

Hon J W Olsen

Mrs Penfold

Mr Scalzi

Mr Venning

Mr Williams

Hon M H Armitage (Teller)


        Noes, 24

 

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 Maywald

Ms Rankine

Hon M D Rann

Mr Snelling

Ms Stevens

Hon R B Such

Ms Thompson

Mr Wright

Mr McEwen (Teller)


 

         So it passed in the negative.

 


15      Authorised Lotteries Bill

The Minister for Government Enterprises, pursuant to notice, moved – 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.

Debate ensued.

Question put and negatived.

 

16      Lake Eyre Basin (Intergovernmental Agreement) Bill

The Minister for Water Resources, pursuant to notice, moved – 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.

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 Hill, that the debate be adjourned until tomorrow.

 

17      Hairdressers (Miscellaneous) Amendment Bill

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

         The Minister for Environment and Heritage moved - That this Bill be now read a second time.

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

 

18      Development (System Improvement Program) Amendment Bill

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

         The Minister for Human Services moved - That this Bill be now read a second time.

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

 

19      Authorised Betting Operations Bill

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

 

In Committee

                                                Clause No 7 further considered and agreed to.

                                                Clause No 8 agreed to.

                                                Clause No 9 read.

 

Mr Lewis moved on page 11, after line 20, to leave out lines 21 to 23 and insert:

         ”(ca) to conduct fixed-odds betting on races held by licensed racing clubs and on approved contingencies;”.


Question – That the amendment be agreed to – put.

Committee divided (No 3):

 


                       Ayes, 4

 

Ms Maywald

Mr McEwen

Hon R B Such

Mr Lewis (Teller)


        Noes, 37

 

Ms Bedford

Ms Breuer

Hon M K Brindal

Hon R L Brokenshire

Hon D C Brown

Hon M R Buckby

Ms Ciccarello

Mr Clarke

Mr Condous

Mr De Laine

Hon I F Evans

Mr Foley

Mrs Geraghty

Hon J L Hall

Mr Hamilton-Smith

Mr Hanna

Mr Hill

Ms Hurley

Hon G A Ingerson

Hon R G Kerin

Ms Key

Mr Koutsantonis

Hon W A Matthew

Mr Meier

Hon J W Olsen

Hon J K G Oswald

Mrs Penfold

Ms Rankine

Hon M D Rann

Mr Scalzi

Mr Snelling

Ms Stevens

Ms Thompson

Mr Venning

Mr Williams

Mr Wright

Hon M H Armitage (Teller)


 

         So it passed in the negative.

 

                                                Clause agreed to.

                                                Clauses Nos 10 to 12 agreed to.

                                                Clauses Nos 13 and 14 amended and agreed to.

                                                Clauses Nos 15 to 41 agreed to.

 

Mr Wright moved to insert a new Clause 41A as follows:

Parliamentary approval required for interactive betting

            41A. (1) It is a condition of the major betting operations licence or an on-course totalisator betting licence that the licensee must not conduct interactive betting under the licence except as authorised by regulation.

            (2) Subsection (1) does not prevent the holder of the major betting operations licence from conducting interactive betting of a kind conducted by the South Australian Totalizator Agency Board on or before 29 November 2000.

            (3) A regulation made for the purposes of subsection (1) cannot come into operation until the time has passed during which the regulation may be disallowed by resolution of either House of Parliament.

            (4) In this section—

                  "interactive betting" means—

                  (a)  betting by means of internet communication; or

            (b)  betting by any other electronic means of communication that is

                        interactive and includes transmission of visual images.

Question – That new Clause 41A be inserted – put and negatived.

 

                                                Clauses Nos 42 to 91 agreed to.

                                                Schedule No 1 amended and agreed to.

                                                Schedule No 2 agreed to.

                                                Title agreed to.

____________

 

         The House having resumed:

Hon G M Gunn 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 and passed.

 

         Bill read a third time and passed.

 

20      Country Fires (Incident Control) 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.

 

21      Extension of time for adjournment

The Minister for Police, Correctional Services and Emergency Services (Hon R L Brokenshire) moved - That the time for moving the adjournment of the House be extended beyond 10.00 pm.

Question put and passed.

 

22      Country Fires (Incident Control) Amendment Bill

Debate (interrupted by the foregoing) resumed.

         Question put and passed.

 

         Bill read a second time.

 

In Committee

                                                Clauses Nos 1 to 3 agreed to.

                                                New Clause 3A inserted.

                                                Clauses Nos 4 to 6 agreed to.

                                                Title agreed to.

____________

 

         The House having resumed:

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

 

The Minister for Police, Correctional Services and Emergency Services moved - That this Bill be now read a third time.

Question put and passed.

 

         Bill read a third time and passed.

 

 


23      Stamp Duties (Land Rich Entities and Redemption) 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 4 agreed to.

                                                Clause No 5 considered.

 

Mr Lewis moved on page 5, line 18, to leave out the word “five” and insert in lieu thereof the word “three:”

 

      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.

 

24      Message from the Legislative Council

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

 

         Construction Industry Long Service Leave (Miscellaneous) Amendment Bill                                                  Message No 23

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Construction Industry Long Service Leave Act 1987, to which it desires the concurrence of the House of Assembly.

         Legislative Council, 29 November 2000                                        J C Irwin, PRESIDENT

 

         Bill read a first time.

 

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

 

25      Adjournment

         House adjourned at 11.58 pm until tomorrow at 10.30 am.

____________

 

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

         For Thursday 30 November 2000

 

Notice of Motion: Government Business

 

The Minister for Environment and Heritage to move – That he have leave to introduce a Bill for an Act to amend the Development Act 1993, the Environment Protection Act 1993, the Mining Act 1971, the Native Vegetation Act 1991, the Petroleum Act 2000 and the Water Resources Act 1997

 

Notices of Motion: Private Members Bills/Committees/Regulations

 

Mr Condous to move – That the Regulations under the Water Resources Act relating to Holding Allocation Exemption made on 19 October and laid on the Table of this House on 24 October, be disallowed.

Mr Condous to move – That By-law No 2 of the City of Charles Sturt relating to Moveable Signs made on 4 October and laid on the Table of this House on 24 October, be disallowed.

 

Mr Condous to move – That By-law No 3 of the City of Charles Sturt relating to Local Government Land made on 4 October and laid on the Table of this House on 24 October, be disallowed.

 

Mr Condous to move – That By-law No 4 of the City of Charles Sturt relating to Streets and Roads made on 4 October and laid on the Table of this House on 24 October, be disallowed.

 

Mr Condous to move – That By-law No 5 of the City of Charles Sturt relating to Lodging Houses made on 4 October and laid on the Table of this House on 24 October, be disallowed.

 

Mr Condous to move – That By-law No 6 of the City of Charles Sturt relating to Dogs made on 4 October and laid on the Table of this House on 24 October, be disallowed.

 

Mr Atkinson to move – That he have leave to introduce a Bill for an Act to amend the Gaming Machines Act 1992.

 

 

         For Thursday 7 December 2000

 

Notice of Motion: Government Business

 

The Premier to move – That he have leave to introduce a Bill for an Act to amend the Gaming Machines Act 1992.

 

____________

 

 

         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 - Ms White.

               Noes - Hon D C Wotton.

 

         Division No 2 -

               Ayes - Hon D C Wotton.

               Noes - Ms White.

 

 

 

 

 

                                                                                                            J K G Oswald

                                                                                                            SPEAKER

 

G D Mitchell

CLERK OF THE HOUSE OF ASSEMBLY