No 17

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

WEDNESDAY 22 NOVEMBER 1995

 

 

1    Meeting of House

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

 

2    Petitions Nos 53 and 54

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

 

53 Mr Brindal, from 99 residents of South Australia, requesting that the House urge the Government to repeal legislation with respect to small wheeled vehicles to ensure the safety, amenity and rights of pedestrians.

 

54 Mr Leggett, from 29 residents of South Australia, requesting that the House urge the Government to support a tunnel underpass of Tapleys Hill Road located at the extension of the main runway at Adelaide Airport.

 

3    Papers

The following Papers were tabled:

 

By the Minister for Industry, Manufacturing, Small Business and Regional Development (Hon J W Olsen) -

South Australian Film Corporation - Report, 1994-95

Statutory Authorities Review Committee - Electricity Trust of South Australia, Review of the - 3rd Interim Report - Response of the Minister for Transport and the Minister for the Arts and the Status of Women

 

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

Corporation - By-Law - Mitcham - No 7 - Cats

District Council - By-Law - Eudunda - No 1 - Permits and Penalties

 

By the Minister for the Environment and Natural Resources (Hon D C Wotton) -

Botanic Gardens Adelaide, Board of the - Report, 1994-95.

 

4    Environment, Resources and Development Committee - Report -  Sellicks Hill Quarry Cave

Mrs Kotz brought up the Eighteenth Report of the Committee.

     Report received.

     Ordered to be printed (Paper No 191).


5    Public Works Committee - Report - Wirrina Resort Development Second Report: Provision of Water Supply and Effluent Treatment Infrastructure

Mr Ashenden brought up the Seventeenth Report of the Committee.

     Report received.

     Ordered to be printed (Paper No 192).

 

6    Legislative Review Committee - Reports - Twelfth and Thirteenth Reports

Mr Cummins brought up the Twelfth Report of the Committee.

     Report received and read as follows:

 

The regulations listed hereunder are presently 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 end of 14 sitting days, to allow the Committee time to complete its deliberations.

Honourable Members are warned that after consideration has been given to the regulations, the Committee may decide to take no further action.

Regulations referred to:-

        Reproductive Technology Act 1988 - Regulations - Code of Ethical Research Practice

        Reproductive Technology Act 1988 - Code of Ethical Clinical Practice

     both made on 5 October 1995 and laid on the Table of this House on 10 October 1995.

 

Mr Cummins brought up the Thirteenth Report of the Committee.

     Report received.

 

7    Questions

     Questions without notice were asked.

 

8    Grievance debate

     The Speaker proposed - That the House note grievances.

     Debate ensued.

     Question put and passed.

 

9    Message from the Legislative Council

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

 

     Statutes Amendment (Drink Driving) Bill                 Message No 34

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Harbors and Navigation Act 1993, the Motor Vehicles Act 1959 and the Road Traffic Act 1961, to which it desires the concurrence of the House of Assembly.

     Legislative Council, 21 November 1995             H P K Dunn, PRESIDENT

 

     Bill read a first time.

     The Deputy Premier (Hon S J Baker) moved - That this Bill be now read a second time.

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

 

10   Statutes Amendment (Sunday Auctions and Indemnity Fund) 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 Mr Clarke, that the debate be adjourned until tomorrow.

 

11   Consumer Transactions (Miscellaneous) Amendment 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 Mr Clarke, that the debate be adjourned until tomorrow.

 


12   Criminal Law Consolidation (Appeals) 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 read.

     The Deputy Premier moved on page 4, after line 14, to insert the following paragraph:

        (aa)             if a person is tried on information and acquitted and the trial was by a judge sitting alone, the                   Director of Public Prosecutions may appeal against the acquittal on any ground with the                      leave of the Full Court;

     Question put.

     Committee divided (No 1)

 


                    Ayes, 31.

 

Hon M H Armitage

Mr Ashenden

Hon D S Baker

Mr Becker

Mr Brindal

Mr Brokenshire

Mr Buckby

Mr Caudell

Mr Condous

Mr Cummins

Mr Evans

Mrs Greig

Hon G M Gunn

Mrs Hall

Hon G A Ingerson

Mrs Kotz

Mr Leggett

Mr Lewis

Hon W A Matthew

Mr Meier

Hon J W Olsen

Hon J K G Oswald

Mrs Penfold

Mrs Rosenberg

Mr Rossi

Mr Scalzi

Hon R B Such

Mr Venning

Mr Wade

Hon D C Wotton

Hon S J  Baker ( Teller)


            Noes, 10.

 

Mr Bass

Hon F T Blevins

Mr De Laine

Mr Foley

Mrs Geraghty

Ms Hurley

Hon M D Rann

Ms Stevens

Ms White

Mr Clarke (Teller)


 

     So it was resolved in the affirmative.

                        Clause agreed to.

                        Clause No 7 amended and agreed to.

                        Clauses Nos 8 to 11 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.

 

13   Statutes Amendment (Courts Administration Staff) 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 20 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.

 

14   Postponement of business

Ordered - That Orders of the Day: Government Business Nos 5 and 6 be postponed and taken into consideration after Order of the Day: Government Business No 7.

 

15   South Australian Multicultural and Ethnic Affairs Commission (Constitution of Commission) 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 read.

     Question - That the Clause stand as printed - put.


     Committee divided (No 2)

 


                    Ayes, 26.

 

Hon M H Armitage

Mr Ashenden

Mr Bass

Mr Becker

Mr Brindal

Mr Brokenshire

Mr Buckby

Mr Caudell

Mr Condous

Mr Cummins

Mr Evans

Mrs Greig

Mrs Hall

Hon G A Ingerson

Mrs Kotz

Mr Leggett

Mr Lewis

Hon W A Matthew

Mr Meier

Hon J K G Oswald

Mr Rossi

Mr Scalzi

Mr Venning

Mr Wade

Hon D C Wotton

Hon D C Brown (Teller)


            Noes, 7.

 

Hon F T Blevins

Mr De Laine

Mr Foley

Mrs Geraghty

Ms Hurley

Ms Stevens

Mr Clarke (Teller)


 

     So it was resolved in the affirmative.

 

                              Clause 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.

 

16   Local Government Finance Authority (Review) 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 20 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.

 


17   South Australian Housing Trust 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 amended and agreed to.

                        Clauses Nos 6 to 15 agreed to.

                        Clause No 16 amended and agreed to.

                        Clauses Nos 17 to 22 agreed to.

                        Clause No 23 read.

     Ms Hurley moved on page 10, line 26, after the word “However” to insert a new paragraph as follows:

        -

        (a)              the Minister must not act under subsection (1) (b) unless he or she has first given, by notice in                   the Gazette, preliminary notice of the proposed transfer at least two months before the                        publication of the relevant notice under that subsection; and

        (b)

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

                        Clause agreed to.

                        Clauses Nos 24 to 41 agreed to.

 

     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 Minister for Housing, Urban Development and Local Government Relations moved - That the time for moving the adjournment of the House be extended beyond 10.00 pm.

Question put and passed.

 

19   South Australian Housing Trust Bill

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

 

In Committee

Ms Hurley moved on page 17, after line 32 to insert a new clause as follows:

   41A Triennial review (1) The Minister must once in every three years cause a report to be prepared on the operations and administration of SAHT.

 

   (2)              The report must be prepared by a person who is independent  of SAHT.

 

(3)              The Minister must, with 12 sitting days after receiving a report under this section, have copies of the report laid before both Houses of Parliament.

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


                    Clause No 42 read.

Ms Hurley moved on page 18, lines 7 and 8, to leave out all words in these lines.

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

                    Clause agreed to.

                    Schedule 1 agreed to.

                    Schedule 2 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.

 

20   Statutes Amendment (Workers Rehabilitation and Compensation) 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 read.

     Mr Clarke moved  on page 2, after line 10, to insert the following paragraph:

        (5A) However, if a worker who is within 12 months of retirement age or above retirement age, becomes incapacitated for work while still in employment, weekly payments are payable for a period of incapacity falling within 12 months after the commencment of the incapacity.

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

                        Clause agreed to.

                        Clauses Nos 5 to 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   Adjournment

House adjourned at 10.50 pm until tomorrow at 10.30 am.

 

_____________

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

     For Thursday 23 November 1995

        Notice of Motion: Government Business-

 

The Minister for the Environment and Natural Resources to move - That he have leave to introduce a Bill for an Act to amend the National Parks and Wildlife Act 1972 and to make a consequential amendment to the Wilderness Protection Act 1992.

 

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

 

Mrs Kotz to move - That the Eighteenth Report of the Environment, Resources and Development Committee on the Sellicks Hill Quarry Cave, be noted.

 

Mr Ashenden to move - That the Seventeenth Report of the Public Works Committee on the Wirrina Resort Development - Second Report: Provision of Water Supply and Effluent Treatment Infrastructure, be noted.

 

For Thursday 30 November 1995

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

 

Mr Cummins to move - That Regulations under the Reproductive Technology Act 1988 relating to Code of Ethical Research Practice gazetted on 5 October and laid on the Table of this House on 10 October 1995, be disallowed.

 

Mr Cummins to move - That Regulations under the Reproductive Technology Act 1988 relating to Code of Ethical Clinical Practice gazetted on 5 October and laid on the Table of this House on 10 October1995, be disallowed.

 

____________

 

 

Present during the day - All Members except Mr Atkinson (on leave).

 

The following Pairs were handed in at the Table during the days proceedings:

 

Division No. 1 -

   Ayes - Mr Andrew and Hon D C Brown.

   Noes - Mr Atkinson and Mr Quirke.

 

Division No. 2 -

   Ayes - Mr Andrew and Mr Kerin.

   Noes - Mr Atkinson and Mr Quirke.

 

 

 

 

 

                                                        G M Gunn

                                                        SPEAKER

 

G D Mitchell

CLERK OF THE HOUSE OF ASSEMBLY