No. 17

 

                                                     VOTES AND PROCEEDINGS

 

                                                                      OF THE

 

                                                         HOUSE OF ASSEMBLY

 

                                                                                                                                  ____________

 

 

                                                                       WEDNESDAY 19 OCTOBER 1994

 

 

 1         Meeting of House

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

 

 2        Petition No. 80

                  The Clerk announced that the following Member had lodged a Petition for presentation:

 

                  80 Ms Hurley, from 256 residents of South Australia, requesting that the House urge the Government to reject any move to increase Housing Trust rentals to market levels, oppose any increase in rentals for pensioners and welfare recipients beyond CPI and maintain the role of the South Australian Housing Trust as a provider of quality public housing.

 

 3        Answers to questions

                  Answers to questions on the Notice Paper Nos 4, 40, 47 and 48 were tabled by the Speaker.

 

 4        Paper

                  The following Paper was tabled:

 

                  By the Minister for Housing, Urban Development and Local Government Relations                             (Hon. J.K.G. Oswald) -

                              South Australian Housing Trust - Report, 1993-94.

 

 5        Legislative Review Committee - Report

                  Mr Cummins brought up the Ninth Report of the Committee.

                  Report received.

 

 6        Questions

                  Questions without notice were asked.

                  Ordered - That the period for asking questions without notice be extended by five minutes.

                  Questions without notice resumed.

 

 7         Grievance debate

                  The Speaker proposed - That the House note grievances.

                  Debate ensued.

                  Question put and passed.

 


 8        Messages from the Legislative Council

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

 

            Mining (Royalties) Amendment Bill                                                                                                               Message No. 24

                  MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Mining Act 1971, without any amendment.

                  Legislative Council, 18 October 1994                                                                                                      H.P.K. Dunn, PRESIDENT

 

            Pollution of Water by Oil and Noxious Substances (Consistency with

                    Commonwealth) Amendment Bill                                                                                                           Message No. 25

                  MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Pollution of Waters by Oils and Noxious Substances Act 1987, to which it desires the concurrence of the House of Assembly.

                  Legislative Council, 18 October 1994                                                                                                      H.P.K. Dunn, PRESIDENT

 

                  Bill read a first time.

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

 

 9        Stamp Duties (Miscellaneous) Amendment Bill

                  The Treasurer (Hon S.J. Baker), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Stamp Duties Act 1923.

                  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 Quirke, that the debate be adjourned until tomorrow.

 

10       Land Acquisition (Native Title) Amendment Bill

                  The Treasurer, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Land Acquisition Act 1969.

                  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 Clarke, that the debate be adjourned until tomorrow.

 

11        Mining (Native Title) Amendment Bill

                  The Treasurer, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Mining Act 1971.

                  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 Quirke, that the debate be adjourned until tomorrow.

 

12       Native Title (South Australia) Bill

                  The Treasurer, pursuant to notice, moved - That he have leave to introduce a Bill for an Act relating to native title; and amending the Acts Interpretation Act 1915.

                  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 Clarke, that the debate be adjourned until tomorrow.


 

13       Environment, Resources and Development Court (Native Title) Amendment Bill

                  The Treasurer, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Environment, Resources and Development Court Act 1993.

                  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 Clarke, that the debate be adjourned until tomorrow.

 

14       Land Agents Bill

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

                  The Deputy Premier moved - That this Bill be now read a second time.

                  Ordered, on motion of Hon. M.D. Rann, that the debate be adjourned until tomorrow.

 

15       Postponement of business

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

 

16       Small Business Corporation of South Australia Act Repeal 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.

                                                                                                Title agreed to.

                                                                                                                                  ____________

 

                  The House having resumed:

                  Mr Bass 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.

 

17        State Lotteries (Scratch Tickets) 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.

                                                                                                New Clause No. 3A.

                  Mr Quirke moved on page 2, after clause 3 to insert new clause as follows:

            3A. Insertion of s. 17B The following section is inserted after section 17 A of the principal Act:

            17B. Minors not to participate in instant lotteries (1) a person must not sell a ticket in an instant lottery to a minor.

                  Penalty: $1 000.


                  (2)     It is a defence for a person charged with an offence against subsection (1) to prove that he or she believed on reasonable grounds that the person to whom the ticket was sold was of or above the age of 18 years.

                  (3)     A minor must not purchase a ticket in an instant lottery.

                  Penalty: $500.

                  (4)     Where a person, acting at the request of a minor, purchases a ticket in an instant lottery on behalf of the minor, that person and the minor are each guilty of an offence.

                  Penalty:

                  (a)     in the case of the purchaser - $1 000;

                  (b)     in the case of the minor - $500.

                  (5)     In this section -

            "instant lottery" means a lottery promoted or conducted by the Commission in which the tickets are sealed or conceal in some other way the symbols giving rise to the winning chance;

            "minor" means a person who is under the age of 18 years.

 

            Amendment to amendment

                  The Treasurer moved to amend the amendment by, in subsection (1), leaving out the words "an instant lottery" and inserting in lieu thereof the words " a lottery promoted or conducted by the Commission".

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

 

            Amendment to amendment

                  Mr Kerin moved to amend the amendment by, in subsection (1), leaving out "$1 000" and inserting in lieu thereof "$200".

                  Question put.

                  Committee divided (No. 1):

 

                                          Ayes, 28.

                              Mr Andrew

                              Mr Ashenden

                              Hon. D.S. Baker

                              Hon. S.J. Baker

                              Hon. F.T. Blevins

                              Mr Brokenshire

                              Hon. D.C. Brown

                              Mr Buckby

                              Mr Clarke

                              Mr Condous

                              Mr Cummins

                              Mr Foley

                              Ms Greig

                              Hon. G.M. Gunn

                              Ms Hall

                              Ms Hurley

                              Hon. G.A. Ingerson

                              Mrs Kotz

                              Mr Leggett

                              Mr Meier

                              Ms Penfold

                              Mr Quirke

                              Hon. M.D. Rann

                              Mr Rossi

                              Ms Stevens

                              Hon. R.B. Such

                              Mr Wade

                              Mr Kerin (Teller)

                  Noes, 10.

Hon. M.H. Armitage

Mr Bass

Mr Brindal

Mr Caudell

Mr DeLaine

Mrs Geraghty

Mr Lewis

Mr Scalzi

Mr Venning

Mr Evans (Teller)

 

 

 

                  So it was resolved in the affirmative.

 


            Amendment to amendment

                  Mr Kerin moved to amend the amendment by, in subsection (2), leaving out "18" and inserting in lieu thereof "16".

                  Question put.

                  Committee divided (No. 2):

 

                                          Ayes, 18.

                              Mr Andrew

                              Hon. M.H. Armitage

                              Mr Ashenden

                              Hon. D.S. Baker

                              Hon. S.J. Baker

                              Mr Becker

                              Hon. F.T. Blevins

                              Mr Brindal

                              Mr Brokenshire

                              Mr Clarke

                              Ms Hall

                              Mrs Hurley

                              Hon. G.A. Ingerson

                              Ms Penfold

                              Hon. M.D. Rann

                              Hon. R.B. Such

                              Mr Wade

                              Mr Kerin (Teller)

                             

                  Noes, 19.

Mr Bass

Mr Buckby

Mr Caudell

Mr Condous

Mr Cummins

Mr DeLaine

Mr Evans

Mr Foley

Mrs Geraghty

Mrs Greig

Hon. G. M. Gunn

Mrs Kotz

Mr Leggett

Mr Meier

Mr Rossi

Mr Scalzi

Ms Stevens

Mr Venning

Mr Quirke (Teller)

 

 

 

 

                  So it passed in the negative.

 

            Amendment to amendment

                  Ms Stevens moved to amend the amendment by leaving out subsection (3).

 

                  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.

 

18       Extension of time for adjournment

                  The Treasurer moved - That the time for moving the adjournment of the House be extended beyond

                              10.00 p.m.

                  Question put and passed.

                 

19       Message from the Legislative Council

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

 

            Easter (Repeal) Bill                                                                                                                                                                Message No. 26

                  MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to Repeal the Easter Act 1929, without  any amendment.

                  Legislative Council, 19 October 1994                                                                                                      H.P.K. Dunn, PRESIDENT

 

20       State Lotteries (Scratch Tickets) Amendment Bill

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


 

                                                                                      In Committee

                  Amendment to the amendment moved by Ms Stevens, further considered.

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

 

            Amendment to amendment

                  The Treasurer moved to amend the amendment by, in subsection (3), leaving out the words "an instant lottery" and inserting in lieu thereof the words "a lottery promoted or conducted by the Commission".

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

 

            Amendment to amendment

                  Ms Stevens moved to amend the amendment by, leaving out subsection (3).

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

 

            Amendment to amendment

                  Mr Rossi moved to amend the amendment by, in subsection (3), leaving out "$500" and inserting in lieu thereof "$50".

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

 

            Amendment to amendment

                  The Treasurer moved to amend the amendment by, in subsection (4), leaving out the words "an instant Lottery" and inserting in lieu thereof the words "a lottery promoted or conducted by the Commission".

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

 

            Amendment to amendment

                  Mr Kerin moved to amend the amendment by, in subsection (4) (a), leaving out "$1 000" and inserting in lieu thereof "$200".

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

 

            Amendment to amendment

                  Mr Kerin moved to amend the amendment by, in subsection (4) (b), leaving out "$500" and inserting in lieu thereof "$50".

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

 

            Amendment to amendment

                  Mr Caudell moved to amend the amendment by inserting a new subsection as follows:

                  (4a) A minor cannot  hold a ticket or otherwise participate in a lottery promoted or conducted by the Commission.

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

 

            Amendment to amendment

                  The Treasurer moved to amend the amendment by, in subsection (5), leaving out the definition of "instant lottery".

                  Question - That the amendment to the amendment be agreed to - put and passed

                  Question - That new clause 3A, as amended, be agreed to - put.


 

                  Committee divided (No. 3):

 

                                          Ayes, 27.

                              Mr Andrew

                              Hon. M.H. Armitage

                              Mr Ashenden

                              Hon. S.J. Baker

                              Mr Bass

                              Mr Buckby

                              Hon. R. Clarke

                              Mr Condous

                              Mr Cummins

                              Mr DeLaine

                              Mr Foley

                              Mrs Geraghty

                              Ms Greig

                              Hon. G.M. Gunn

                              Ms Hall

                              Mrs Hurley

                              Hon. G.A. Ingerson

                              Mr Kerin

                              Mrs Kotz

                              Mr Leggett

                              Mr Meier

                              Hon. M.D. Rann

                              Mr Rossi

                              Mr Scalzi

                              Ms Stevens

                              Mr Venning

                              Mr Quirke (Teller)

                             

 

                  Noes 10.

Mr Becker

Mr Brindal

Mr Brokenshire

Mr Caudell

Mr Evans

Mr Lewis

Mr Penfold

Hon R. B. Such

Mr Wade

Hon F.T. Blevins (Teller)

 

                  So it was resolved in the affirmative.

 

                                                                                                Clause No. 4 agreed to.

                                                                                                Clause No. 2 reconsidered, 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.

 

21       Adjournment

                  House adjourned at 11.14 p.m. until tomorrow at 10.30 a.m.

                                                                                                                                  ____________

 

                  Present during the day - All Members.

 

 

 

 

 

                                                                                                                                                                                                                        G.M. Gunn

                                                                                                                                                SPEAKER

 

G.D. Mitchell

CLERK OF THE HOUSE OF ASSEMBLY