No 16

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

TUESDAY 20 JUNE 2006

 

 

1       Meeting of House

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

 

2        Message from the Governor

The following Message from the Governor was received and read:

 

         Assent to Bills                                                                                         Message No 4

The Governor informs the House of Assembly that, in the name and on behalf of Her Majesty The Queen, the following Acts were assented to during the first Session of the 51st Parliament, viz.-

No 1 of 2006 -       An Act to amend the Institute of Medical and Veterinary Science Act 1982.

No 2 of 2006 -       An Act to amend the Government Financing Authority Act 1982.

No 3 of 2006 -       An Act for the appropriation of money from the Consolidation Account for the financial year ending on 30 June 2007.

Government House, 20 June 2006                          M Jackson-Nelson, GOVERNOR

 

3       Petitions Nos 14 and 15

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

 

14   Hon R G Kerin, from 988 residents of South Australia, requesting the House to urge the Government to amend the Barley Marketing Act to enable additional marketers access to existing grain storage and handling facilities and provide sufficient participation in the export barley markets so as to allow barley growers the of choice of where, when and to whom they sell their barley.

 

15   The Minister for Transport (Hon P F Conlon), from 241 residents of South Australia, requesting the House to urge the Government to develop the Northern Expressway plans so that the Expressway does not impinge on the Gawler Airfield in any way.

 

4       Answers to questions

An answer to question on the Notice Paper No 1 and a question without notice were tabled by the Speaker.

 

5       Papers

         The following Papers were tabled:

 

By the Deputy Premier (Hon K O Foley) –

      Regulations under the following Acts –

                  Firearms – Fees

                  Mining – Fees

                  Mines and Works Inspection – Fees

                  Opal Mining – Fees

                  Petroleum – Fees

 

By the Treasurer (Hon K O Foley) –

      Regulations under the following Acts –

                  Land Tax – Fees

                  Petroleum Products Regulation – Fees

 

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

      Regulations under the following Acts –

                  Development – Burnside Excavation

                  Harbors and Navigation – Fees

                  Motor Vehicles –

                        Drug Driving

                        Schedule 6 Fees

                        Fees

                  Passenger Transport – Fees

                  Road Traffic Act –

                        Drug Driving

                        Fees

                        Inspection Fees

                        Permits Fees

 

By the Attorney-General (Hon M J Atkinson) –

      Regulations under the following Acts –

                  Associations Incorporation – Fees

                  Bills of Sale – Fees

                  Births, Deaths and Marriages Registration – Fees

                  Business Names – Fees

                  Community Titles – Fees 

                  Co-operatives – Fees

                  Coroners – Fees

                  Cremation – Fees

                  Criminal Law (Sentencing) – Fees

                  District Court – Fees

                  Domestic Violence – Foreign Domestic Violence Restraining Orders

                  Environment, Resources and Development Court – Fees

                  Fees Regulation– Public Trustee Fees

                  Magistrates Court – Fees

                  Partnership – Fees

                  Public Trustee – Fees

                  Real Property –

                        Fees

                        Schedule 1 Fees

                  Registration of Deeds – Fees

                  Second-hand Vehicle Dealers – Fees

                  Security and Investigation Agents – Fees

                  Sexual Reassignment – Fees

                  Sheriff's – Fees

                  Strata Titles – Fees 

                  Summary Offences –Fees

                  Summary Procedure – Foreign Restraining Orders

                  Supreme Court – Fees

                  Worker's Liens – Fees

                  Youth Court – Fees

 

      Rules –

                  Legal Practitioners Act 1981 – Rules – Erratum

 

By the Minister for Health (Hon J D Hill) –

      Dental Board of South Australia – Report 2004-2005

 

      Regulations under the following Acts –

                  Ambulance Services – Fees

                  Botanic Gardens and State Herbarium – Fees

                  Controlled Substances –

                        Fees

                        Schedule 1 Fees

                  Crown Lands Act 1929 – Fees

                  Environment Protection –

                        Fees

                        Schedule 3 Fees

                  Heritage Places – Fees

                  Historic Shipwrecks – Fees

                  National Parks and Wildlife –  

                        Fees

                        Schedule 1 Fees

                  Native Vegetation – Fees

                  Natural Resources Management –

                        Fees

                        Financial Year

                        Rateable Land Divided by NRM Boundary

                        Schedule 4 Fees

                  Pastoral Land Management and Conservation – Fees

                  Public and Environmental Health –

                        Fees

                        Schedule 2 Fees

                  Radiation Protection and Control – Fees

                  South Australian Health Commission –

                        Fees

                        Medicare Fees

                        Schedule 3 Fees

 

By the Minister for Administrative Services and Government Enterprises (Hon M J Wright) –

      Regulations under the following Acts –

                  Fees Regulation – Fees

                  Fire and Emergency Services – Fees

                  Freedom of Information – Fees

                  Roads (Opening and Closing) – Fees

                  Sewerage – Fees

                  State Records – Fees

                  Valuation of Land – Fees

                  Waterworks – Fees

 

By the Minister for Industrial Relations (Hon M J Wright) –

      Regulations under the following Acts –

                  Dangerous Substances – Fees

                  Employment Agents Registration – Fees

                  Explosives –

                        Fees

                        Schedule 3 Fees

                  Fair Work – Fees

                  Fees Regulation– Schedule Fees

                  Occupational Health, Safety and Welfare –

                        Fees

                        Schedule 8 Fees

 

By the Minister for Families and Communities (Hon J W Weatherill) –

      Regulations under the following Act –

                  Adoption – Fees

 

 

By the Minister for Housing (Hon J W Weatherill) –

      Regulations under the following Act –

                  Housing Improvement – Fees

 

By the Minister for Agriculture, Food and Fisheries (Hon R J McEwen) –

      Regulations under the following Acts –

                  Aquaculture – Fees

                  Chicken Meat Industry – Fees

                  Fisheries Act –

                        Definition of Net

                        Fees

                        Miscellaneous Fees

                  Livestock – Fees

                  Primary Produce (Food Safety Schemes) – Meat Industry

 

By the Minister for State/Local Government Relations (Hon J M Rankine) –

      Regulations under the following Acts –

                  Local Government – Fees

                  Private Parking Areas –Fees

 

By the Minister for Consumer Affairs (Hon J M Rankine) –

      Regulations under the following Acts –

                  Building Work Contractors – Fees

                  Conveyancers – Fees

                  Land Agents – Fees

                  Liquor Licensing –

                        Fees

                        Hallet Cove

                  Plumbers, Gas Fitters and Electricians – Fees

                  Trade Measurement Administration – Fees

                  Travel Agents – Fees

 

By the Minister for Gambling (Hon P Caica) –

      Regulations under the following Acts –

                  Authorised Betting Operations – Fees

                  Gaming Machines – Fees

                  Lottery and Gaming – Fees.

 

6       Questions

Questions without notice were asked.

 

7       Grievance debate

On motion of the Speaker, the House noted grievances.

 

8       Postponement of business

Ordered - That Orders of the Day: Government Business Nos 1 and 2 be postponed and taken into consideration after Order of the Day: Government Business No 4.

 

9       Social Development Committee – Referral – Obesity - Motion re

Order of the Day read for the adjourned debate on the motion of the Minister for Health - That this House requests that the Social Development Committee inquire into and report upon the link between obesity and fast foods, and in particular  

(a)     the recent trends in fast food and beverage consumption in South Australia;

(b)     the impact of fast foods on obesity and the health of South Australians;

(c)     the marketing of fast foods and its impact on particular groups, especially children; and

(d)     the measures, including regulatory, which can be taken to reduce any negative impact from fast foods at the Government, community, corporate and family levels.

Debate resumed.

         Question put and passed.

 

 

10      Statutes Amendment (Disposal of Human Remains) 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.

         Proceeded, by leave, to the third reading.

 

         Bill read a third time and passed.

 

11      Postponement of business

Ordered - That Order of the Day: Government Business No 1 be postponed and taken into consideration after Order of the Day: Government Business No 2.

 

12      Criminal Law Consolidation (Throwing Objects at Moving Vehicles) Amendment Bill

Order of the Day read for the consideration of the amendments of the Legislative Council in this Bill.

 

In Committee

Resolved – That the amendments be agreed to.

 

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         The House having resumed:

Ms Thompson reported that the Committee had considered the amendments referred to it and had agreed to the same without amendment.

 

13      Anangu Pitjantjatjara Yankunytjatjara Land Rights (Regulated Substances) Amendment Bill

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

 

Suspension of Standing Orders

Hon G M Gunn, without notice, moved - That Standing Orders be so far suspended as to enable him to move an instruction to the Committee 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

Hon G M Gunn then moved – That it be an instruction to the Committee of the whole House on the Anangu Pitjantjatjara Yankunytjatjara Land Rights (Regulated Substances) Amendment Bill, that it have power to consider an amendment relating to the expansion of road reserves.

Question put and passed.

 

In Committee

Clause No 2 further considered and agreed to.

Clauses Nos 3 and 4 agreed to.

 

Mr Williams moved on page 2, after line 18, to insert a new clause as follows -

4A—Amendment of section 19—Unauthorised entry on the lands

     (1)     Section 19(8)—after paragraph (ca) insert:

    (cb)    a representative of the news media who enters the lands for the purpose of investigating or reporting on a matter of public interest occurring on, or having a connection with, the lands and who only enters—

     (a)     those parts of the lands that constitute roads or other access routes through the lands; or

     (b)     other parts of the lands that the representative has been given permission to enter by Anangu Pitjantjatjara Yankunytjatjara;

    (cc)    a person providing an assessment and treatment service established by the Minister in accordance with section 42CA;

     (2)     Section 19(9)—delete "or (d)" and substitute:

, (cb), (cc) or (d)

Question – That proposed new Clause No 4A be inserted – put and negatived.

 

Hon G M Gunn moved on page 2, after line 18, to insert a new clause as follows —

4A—Amendment of section 33—Road reserves

     (1)     Section 33(1)—delete subsection (1) and substitute:

     (1)     The area comprised within 100 metres to each side of the centre line (being ascertained by reference to the road as constructed) of—

     (a)     a road referred to in Schedule 2; or

     (b)     any other road on the lands—

     (i)     constructed by the Commissioner of Highways (whether under the Act or otherwise); or

     (ii)     paid for wholly or in part by public money,

constitutes a road reserve.

     (2)     Section 33(3)—delete "Schedule 2" and substitute:

paragraphs (a) and (b) of subsection (1)

Question – That proposed new Clause No 4A be inserted – put and negatived.

 

Clause No 5 read.

 

         To report progress and ask leave to sit again.

 

____________

 

         The House having resumed:

Ms Thompson 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.

 

14      Extension of sitting

Ordered, on motion of the Minister for Families and Communities (Hon J W Weatherill), that the sitting of the House be extended beyond 6.00 pm.

 

15      Anangu Pitjantjatjara Yankunytjatjara Land Rights (Regulated Substances) Amendment Bill

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

 

In Committee

Clause No 5 further considered and agreed to.

Clause No 6 read.

 

Mr Williams moved on page 3, after line 2, to insert the following—

42CA—Regulated substance misuse offences—mandatory referral to assessment service

     (1)     If an Anangu who is of or over the age of 14 is alleged to have committed an offence on the lands constituted of—

     (a)     the inhalation or consumption of a regulated substance; or

     (b)     possession of a regulated substance for the purpose of inhalation or consumption by him or her,

(a regulated substance misuse offence), a police officer must refer the Anangu to an assessment and treatment service in accordance with Schedule 4.

     (2)     A referral under this section operates as a stay of proceedings (if any) for the alleged offence.

     (3)     A prosecution for a regulated substance misuse offence cannot proceed unless the alleged offender has been referred to an assessment and treatment service under this section in relation to the offence and the referral has been terminated by the service in accordance with Schedule 4.

     (4)     The fact that a person alleged to have committed a regulated substance misuse offence participates in an assessment or enters into an undertaking under Schedule 4 does not constitute an admission of guilt, and will not be regarded as evidence tending to establish guilt, in relation to the alleged offence.

     (5)     If the referral of a person in relation to an alleged offence is terminated under Schedule 4, evidence—

     (a)     of anything said or done by the person in the course of being assessed or carrying out an undertaking; or

     (b)     of the reasons for the termination,

is not admissible in any proceedings against the person for the alleged offence.

     (6)     On the expiry of an undertaking under Schedule 4, the person who entered into it is immune from prosecution for the alleged offence to which the undertaking related.

     (7)     The Minister must establish such assessment and treatment services as are necessary for the purposes of this section to provide assessment and treatment programs on the lands.

     (8)     The Minister may, by notice in writing—

     (a)     impose conditions on an assessment or treatment service established under subsection (7); and

     (b)     vary or revoke any of the conditions imposed on such a service, or impose further conditions; and

     (c)     abolish an assessment or treatment service established under subsection (7) for any reason the Minister thinks fit.

     (9)     However, the Minister must consult with Anangu Pitjantjatjara Yankunytjatjara before—

     (a)     establishing a regulated substance misuse assessment and treatment service under subsection (7); or

     (b)     abolishing a regulated substance misuse assessment and treatment service under subsection (8)(c).

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

 

Clause No 6 agreed to.

Clause No 7 agreed to.

Title agreed to.

 

____________

 

         The House having resumed:

Ms Thompson 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.

 

16      Messages from the Legislative Council

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

 

Natural Resources Management (Transfer of Water Licences) Amendment Bill                                                      Message No 20

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Natural Resources Management Act 2004, with the amendments indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

         Legislative Council, 20 June 2006                                                   R K Sneath, PRESIDENT

 

Schedule of amendments made by the Legislative Council

 

Amendment No 1

Clause 4, page 2, lines 14 to 24—

Delete subsection (9) and substitute:

     (9)     Despite the provisions of the Stamp Duties Act 1923, the transfer of a licence, or of the whole or part of the water allocation of a licence, is not chargeable with duty under that Act.

 

Amendment No 2

New Schedule, page 2, after line 24—

Insert:

Schedule 1—Transitional provision

1—Transitional provision

The amendment made to the Natural Resources Management Act 2004 by this Act applies with respect to the transfer of a water licence, or of the whole or part of the water allocation of a water licence, effected by an instrument executed after the commencement of this Act.

 

         J M Davis CLERK OF THE LEGISLATIVE COUNCIL

 

         Ordered - That the consideration of the amendments be an Order of the Day for tomorrow.

 

Tobacco Products Regulation (Prohibited Tobacco Products) Amendment Bill                                           Message No 21

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Tobacco Products Regulation Act 1997, to which it desires the concurrence of the House of Assembly.

         Legislative Council, 20 June 2006                                                   R K Sneath, PRESIDENT

 

         Bill read a first time.

 

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

 

Water Efficiency Labelling and Standards Bill                                       Message No 22

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to provide for water efficiency labelling and standards as part of a cooperative scheme between the commonwealth and the states and territories; and for other purposes, to which it desires the concurrence of the House of Assembly.

 

The Legislative Council draws the attention of the House of Assembly to clause No 65, printed in erased type, which clause, being a money clause, cannot originate in the Legislative Council, but which is deemed necessary to the Bill.

         Legislative Council, 20 June 2006                                                   R K Sneath, PRESIDENT

 

         Bill read a first time.

 

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

 

City of Adelaide (Representation Review) Amendment Bill                   Message No 23

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the City of Adelaide Act 1998, without any amendment.

         Legislative Council, 20 June 2006                                                   R K Sneath, PRESIDENT

 

17      Adjournment

The House adjourned at 6.28 pm until tomorrow at 2.00 pm.

 

 

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MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

            For Wednesday 21 June 2006

 

 

 

Notices of Motion – Government Business -

 

The Attorney-General to move – That he have leave to introduce a Bill for an Act to establish a register of child sex offenders; to prevent registered child sex offenders engaging in child-related work; and for other purposes.

 

The Minister for Administrative Services and Government Enterprises to move – That he have leave to introduce a Bill for an Act to amend the Geographical Names Act 1991

 

The Minister for Industrial Relations – That pursuant to section 58 of the Fair Work Act 1994, the nominee of this House to the panel to consult with the Minister about an appointment to the position of Employee Ombudsman be the Member for MacKillop

 

 

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Present during the day - All Members except Mr Piccolo.

 

 

 

 

 

                                                                                                                        Hon J J Snelling

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY