No 18

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

THURSDAY 7 DECEMBER 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       Postponement of business

Ordered - That Notices of Motion: Private Members Bills/Committees/Regulations Nos 2 to 7 be postponed until Thursday 15 March 2001.

 

3       Road Traffic (Speed Limits in Built-Up Areas) Amendment Bill

Hon R B Such, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Road Traffic Act 1961.

Question put and passed.

 

         Bill presented and read a first time.

         Hon R B Such moved - That this Bill be now read a second time.

         Ordered, on motion of Ms Key, that the debate be adjourned until Thursday 15 March 2001.

 

4       Controlled Substances (Cultivation of Cannabis) 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.

Ordered, on motion of Ms Key, that the debate be further adjourned until Thursday 15 February 2001.

 

5       Postponement of business

Ordered - That Order of the Day: Private Members Bills/Committees/Regulations No 2 be postponed until Thursday 15 March 2001.

 

6       City of Adelaide (Development Within Park Lands) 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.

Ordered, on motion of Ms Thompson, that the debate be further adjourned until Thursday 22 February 2001.

 

7       City of Adelaide (Advertising at Adelaide Oval) 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.

Ordered, on motion of Ms Thompson, that the debate be further adjourned until Thursday 22 February 2001.

 

 

8       Parliamentary Superannuation (Transfer of Old Scheme Members to the New Scheme) 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.

Ordered, on motion of Ms Maywald, that the debate be further adjourned until Thursday 15 March 2001.

 

9       Select Committee on Parliamentary Procedures and Practices – Motion re

Order of the Day read for the adjourned debate on the motion of Ms Maywald – That a Select Committee be appointed to inquire into Parliamentary procedures and practices.

Debate resumed.

 

____________

 

It being Midday, Notices of Motion: Other Motions were called on by the Clerk.

____________

 

 

10      Suspension of Standing Orders

Mr Meier, without notice, moved - That Standing Orders be so far suspended as to enable Notices of Motion: Other Motions to be postponed until Order of the Day: Private Members Bills/Committees/Regulations No 6 is disposed of.

Debate ensued.

Question put and there being a negative voice.

 

      Division, only one No

The House proceeded to a division; but only one Member appearing on the side of the Noes, the Speaker declared the Ayes had it.

So it was resolved in the affirmative.

 

11      Select Committee on Parliamentary Procedures and Practices – Motion re

Debate (interrupted by the foregoing) resumed.

Question put and passed.

 

         Select Committee

And a Committee was appointed consisting of Ms Ciccarello, Mr Hanna, Hon G A Ingerson, the Deputy Premier (Hon R G Kerin) and Ms Maywald.

Ordered – That the Committee have power to send for persons, papers and records, to adjourn from place to place and that the Committee report on Wednesday 2 May 2001.

 

12      Message from the Governor

         The following Message from the Governor was received and read:

 

         Assent to Bills                                                                             Message No 13

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 66 of 2000    An Act to amend the Racing (Controlling Authorities) Amendment Act 2000

No 67 of 2000    An Act to amend the Barley Marketing Act 1993

No 68 of 2000    An Act to prohibit the establishment of certain nuclear waste storage facilities in South Australia; and for other purposes.

         Government House, 7 December 2000                                        E J Neal, GOVERNOR

 


13      Petitions Nos 52 to 58

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

 

52   The Minister for Human Services (Hon D C Brown), from 31 residents of South Australia, requesting that the House make the State free of genetically modified food.

 

53   The Minister for Human Services, from 14 residents of South Australia, requesting that the House urge the Government to maintain teaching, intensive care, emergency services and inpatient care at the Queen Elizabeth Hospital.

 

54   The Minister for Government Enterprises (Hon M H Armitage), from 2,736 residents of South Australia, requesting that the House urge the Government to review the road transport plan for Torrens Road and Churchill Road to ensure the amenity of local residents is not lost.

 

55   Mrs Geraghty, from 3,012 residents of South Australia, requesting that the House impose a five year ban on the release, importation and patent of genetically engineered organisms.

 

56   Mr Scalzi, from 188 residents of South Australia, requesting that the House ensure that all dogs on streets and in parks are on leads.

 

57   Mr Scalzi, from 185 residents of South Australia, requesting that the House ensure that certain breeds of dogs are muzzled in public.

 

58   Mr Wright, from 984 residents of South Australia, requesting that the House urge the Government to maintain services at the Queen Elizabeth Hospital.

 

14      Answers to questions

Answers to questions on the Notice Paper Nos 3, 31 and 52 and questions without notice were tabled by the Speaker.

 

15      Papers

         The Speaker laid on the Table the following reports:

 

Joint Parliamentary Service – Report, 1999-2000

Police Complaints Authority – Report, 1998-1999 and 1999-2000.

 

16      Papers

The following Papers were tabled:

 

By the Premier (Hon J W Olsen) –

      Prudential Management Group – Report to the Premier on Matters Reflecting on Good and Proper Public Administration Arising from the Crammond Report

 

By the Minister for State Development (Hon J W Olsen) –

      South Australian Motor Sport  – Regulations – Variations

 

By the Minister for Human Services –

      Institute of Medical and Veterinary Science – Report, 1999-2000

      Radiation Protection and Control Act, Administration of the – Report, 1999-2000

 

      Regulations under the following Acts –

            Harbors and Navigation – Personal Watercraft

            Housing and Urban Development (Administrative Arrangements) – Board of

                  Management

 

 


By the Minister for Government Enterprises –

      Mining and Quarrying Occupational Health and Safety Committee South Australia –

            Report, 1999-2000

      Playford Centre – Report, 1999-2000

      Remuneration Tribunal – Determination No 1 of 2000 –

            Auditor General, Electoral Commissioner, Deputy Electoral Commissioner, Employee Ombudsman and Ombudsman – Salary and Allowances

      SA Water – Report, 1999-2000

      Workcover Corporation –

            Report, 1999-2000

            Report, 1999-2000 Addendum

 

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

      Senior Secondary Assessment Board of South Australia – Regulations – Principal

 

By the Minister for Environment and Heritage (Hon I F Evans) –

      Bookmark Biosphere Trust – Report, 1999-2000

      Courts Administration Authority – Report, 1999-2000

      Ministerial Statement – Victims of Crime

      National Trust of South Australia – Rules

      Native Vegetation Council – Report, 1999-2000

      Summary Offences Act – Road Block Establishment and Dangerous Area Declarations – Returns, 1 July to 30 September 2000

      Wilderness Protection Act – South Australia – Report, 1999-2000

 

      Regulations under the following Acts –

            Environment Protection – Milk and Fruit Juice Containers

            Police – Custody of Property

 

By the Minister for Recreation, Sport and Racing (Hon I F Evans) –

      Racing Industry Development Authority (RIDA) – Report, 1999-2000

      South Australian Harness Racing Authority – Report, 1999-2000

      South Australian Thoroughbred Racing Authority – Report, 1999-2000

 

By the Minister for Water Resources (Hon M K Brindal) –

      Murray-Darling Basin Commission – Report, 1999-2000

      River Murray Catchment Water Management Board – Report, 1999-2000

 

By the Minister for Police, Correctional Services and Emergency Services (Hon R L

Brokenshire) –

      South Australian Metropolitan Fire Service – Report, 1999-2000

      State Emergency Service – Report, 1999-2000

 

By the Minister for Minerals and Energy (Hon W A Matthew) –

      South Australian Independent Pricing and Access Regulator – Report, 1999-2000.

 

17      Legislative Review Committee – Report – Ninth

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

Report received.

 

18      Questions

      Questions without notice were asked.

 

19      Public Works Committee - Report – Qualco Sunlands Groundwater Control Scheme – Stockyard Plain Disposal Basin – Status Report

Mr Lewis brought up the One Hundred and Forty-Second Report of the Public Works Committee on Qualco Sunlands Groundwater Control Scheme – Stockyard Plain Disposal Basin – Status Report.

Report received.

Ordered to be published (Paper No 202).

 

20      Grievance debate

         The Speaker proposed - That the House note grievances.

         Debate ensued.

         Question put and passed.

 

21      Postponement of business

Ordered - That Notice of Motion: Government Business No 1 be postponed until Tuesday 13 March 2001.

 

22      Harbors and Navigation (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.

         Proceeded, by leave, to the third reading.

 

         Bill read a third time and passed.

 

23      Statutes Amendment (Transport Portfolio) 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 8 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 without amendment.

 

Bill read a third time and passed.

 

24      Extension of time for adjournment

The Minister for Human Services moved - That the time for moving the adjournment of the House be extended beyond 5.00 pm.

Question put and passed.

 

25      Road Traffic (Alcohol Interlock Scheme) 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 9 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 without amendment.

 

Bill read a third time and passed.

 

26      Development (System Improvement Program) 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 22 agreed to.

                                                Clause No 23 amended and agreed to.

                                                Clauses Nos 24 to 35 agreed to.

                                                Schedules Nos 1 and 2 agreed to.

                                                Title agreed to.

____________

 

         The House having resumed:

Hon G A Ingerson 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.

 

27      Shop Trading Hours (Glenelg Tourist Precinct) 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.

         Proceeded, by leave, to the third reading.

 

         Bill read a third time and passed.

 

28      Suspension of Standing Orders

The Minister for Government Enterprises, without notice, moved - That Standing Orders be so far suspended as to enable the House to sit beyond midnight.

Question put and there being a negative voice.

 

      Division, only one No

The House proceeded to a division; but only one Member appearing on the side of the Noes, the Speaker declared the Ayes had it.

So it was resolved in the affirmative.

 

____________

 

It being Midnight

Friday 8 December

____________

 

 


29      Messages from the Legislative Council

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

 

         South Australian Ports (Disposal of Maritime Assets) Bill            Message No 24

MR SPEAKER – The Legislative Council has agreed to the Bill returned herewith, titled an Act to provide for the disposal of assets of the South Australian Ports Corporation; to provide for the repeal of the South Australian Ports Corporation Act 1994; and for other purposes, with the amendments and suggested amendment indicated by the annexed Schedule, to which amendments the Legislative Council requires the concurrence of the House of Assembly, and which suggested amendment the Legislative Council requests the House of Assembly to make to the said Bill.

         Legislative Council, 30 November 2000                                        J C Irwin, PRESIDENT

 

Schedule of the amendments made by the Legislative Council

 

No 1     Page 11, lines 24 and 25 (clause 14) - leave out “despite any contract or agreement between the employer and the employee to the contrary” and insert—

            as a term or condition of the employee's contract of employment on the transfer of the employee to private employment but thereafter the term or condition is subject to variation or exclusion by agreement between the employer and the employee

No 2     Page 13, line 6 (clause 17) - leave out “free of charge”.

No 3     Page 13 (clause 17) - after line 7 insert the following:

            (1a) the purpose of a recreational access agreement is to preserve or enhance access by the public, free of charge, to land and facilities to which the sale/lease agreement applies.

No 4     Page 21 (clause 32) - after line 16 insert new subclause as follows:

            (4) however, the exemption conferred by subsection (3) does not extend to a development that is to be carried out under the terms or conditions of a sale/lease agreement.

 

Schedule of the suggested amendment made by the Legislative Council

 

page 9 (clause 12) - after line 32 insert the following:

(e)     making provision of up to $100 million for the state’s superannuation liabilities.

 

 J M Davis CLERK OF THE LEGISLATIVE COUNCIL

 

         Ordered - That the amendments be taken into consideration forthwith.

 


 

In Committee

 

         Resolved - That the Amendments Nos 1 to 4 be agreed to.

         The Minister for Government Enterprises moved – That the suggested amendment be agreed to.

         Question put

         Committee divided (No 1):

 


                       Ayes, 22

 

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 R G Kerin

Hon D C Kotz

Hon W A Matthew

Ms Maywald

Mr McEwen

Mr Meier

Hon J W Olsen

Hon J K G Oswald

Mrs Penfold

Mr Scalzi

Mr Venning

Mr Williams

Hon M H Armitage (Teller)


        Noes, 22

 

Mr Atkinson

Ms Bedford

Ms Breuer

Ms Ciccarello

Mr Clarke

Mr Conlon

Mr De Laine

Mrs Geraghty

Mr Hanna

Mr Hill

Ms Hurley

Ms Key

Mr Koutsantonis

Mr Lewis

Ms Rankine

Hon M D Rann

Mr Snelling

Ms Stevens

Hon R B Such

Ms Thompson

Mr Wright

Mr Foley (Teller)


 

         Casting Vote

The number of Ayes and Noes being equal, the Chairman gave his casting vote for the Ayes.

 

So it was resolved in the affirmative.

.

____________

 

         The House having resumed:

Hon G A Ingerson reported that the Committee had considered the amendments referred to it and had agreed to Amendments Nos 1 to 4 without amendment and had agreed to the suggested amendment without amendment and amended the Bill accordingly.

 

30      Suspension and resumption of sitting

         At 12.43 am the sitting of the House was suspended.

         At 9.30 am the Speaker resumed the Chair.

 

31      Messages from the Legislative Council

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

 

         Maritime Services (Access) Bill                                                   Message No 25

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to provide for access to South Australian ports and maritime services on fair commercial terms; to provide for price regulation of essential maritime services; to amend the South Australian Ports (Bulk Handling Facilities) Act 1996; and for other purposes, without any amendment.

         Legislative Council, 30 November 2000                                        J C Irwin, PRESIDENT


 

         Harbors and Navigation (Control of Harbors) Amendment Bill    Message No 26

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

         Legislative Council, 30 November 2000                                        J C Irwin, PRESIDENT

 

         Construction Industry Training Fund (Miscellaneous) Amendment Bill

                                                                                                            Message No 27

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Construction Industry Training Fund Act 1993, without any amendment.

         Legislative Council, 30 November 2000                                        J C Irwin, PRESIDENT

 

         South Australian Country Arts Trust (Appointments to Trust and Boards) Amendment Bill         Message No 28

MR SPEAKER - The Legislative Council has agreed to the amendments made by the House of Assembly in the South Australian Country Arts Trust (Appointments to Trust and Boards) Amendment Bill, without any amendment.

         Legislative Council, 30 November 2000                                        J C Irwin, PRESIDENT

 

         Electrical Products Bill                                                               Message No 29

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to make provisions relating to the safety, performance, energy efficiency and labelling of electrical products; to repeal the Electrical Products Act 1988; and for other purposes, without any amendment.

         Legislative Council, 5 December 2000                                         J C Irwin, PRESIDENT

 

         Stamp Duty (Land Rich Entities and Redemption) Amendment Bill

                                                                                                            Message No 30

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Stamp Duties Act 1923, with the suggested amendment indicated in the annexed Schedule, to which suggested amendment the Legislative Council  requests the House of Assembly to make to the said Bill.

         Legislative Council, 6 December 2000                                         J C Irwin, PRESIDENT

 

Schedule of the suggested amendment made by the Legislative Council

 

Page 9 – After line 13 insert new clause as follows:

Amendment of s. 71CB – Exemption from duty in respect of certain transfers between spouses and former spouses.

13A. Section 71CB of the Principal Act is amended by striking out “five” from the definition of “spouses” and substituting “three”.

 

J M Davis CLERK OF THE LEGISLATIVE COUNCIL

 

         Ordered - That the suggested amendment be taken into consideration on motion.

 

         Native Title (South Australia)(Validation and Confirmation) Amendment Bill                                                  Message No 31

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Native Title (South Australia) Act 1994, to which it desires the concurrence of the House of Assembly.

         Legislative Council, 7 December 2000                                         J C Irwin, PRESIDENT

 

         Bill read a first time.

 

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

 


         Racing (Proprietary Business Licensing) Bill                              Message No 32

MR SPEAKER – The Legislative Council has agreed to the Bill returned herewith, titled an Act to provide for the licensing of bodies other than clubs conducting races on which betting is to occur; to amend the Gaming Supervisory Authority Act 1995 and the Racing Act 1976; and for other purposes, with the amendments indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

         Legislative Council, 7 December 2000                                         J C Irwin, PRESIDENT

 

Schedule of the amendments made by the Legislative Council

 

No 1     Page 1 (Long Title) - Leave out “bodies other than clubs conducting” and insert:

                  persons carrying on certain businesses involving the conduct of

No 2     Page 5, lines 22 and 23 (clause 3) - Leave out definition of “club”.

No 3     Page 5 (clause 3) - After line 31 insert new clause as follows:

                        "for-profit entity" means a person or body other than—

                        (a)    a body corporate that is unable, because of its constitution or its nature, lawfully to return profits to its members; or

                        (b)   a body corporate each of the members of which is a body corporate of a kind referred to in paragraph (a); or

                        (c)    a body corporate each of the members of which is a body corporate of a kind referred to in paragraph (b);

No 4     Page 6, lines 10 to 15 (clause 3) - Leave out definition of “recognised racing club”.

No 5     Page 6 - After line 19 insert new clause as follows:

                  Proprietary racing business

                  3A. A person carries on a proprietary racing business if—

                  (a)  the person carries on a business involving the conduct of races on which betting is to occur (whether in this State or elsewhere); and

                        (b)           the person—

                               (i)     is a for-profit entity; or

                        (ii)    conducts the races under an agreement or arrangement with a for-profit entity.

No 6     Page 8, lines 4 to 14 (clause 5) - Leave out the clause and insert new clause as follows:

                  Requirement for licence

                  5. A person must not carry on a proprietary racing business except as authorised by a proprietary racing business licence.

                        Maximum penalty: $100 000.

No 7     Page 9, line 10 (clause 10) - After licence insert:

                        (which must not exceed five years)

No 8     Page 10, line 24 (clause 13) - After “enter into” insert:

                        , or be a party to,

No 9     Page 10 (clause 13) - After line 25 insert the following:

                  (aa) an agreement or arrangement with a for-profit entity under which the licensee conducts races on which betting is to occur (whether in this State or elsewhere);

No 10    Page 13, lines 22 to 31 (clause 18) - Leave out subclause (3) and insert:

                  (3) The Authority must not approve or ratify a transaction to which Division 3 applies, or would apply if the transaction were entered into, unless satisfied that each person who is or will be a party to the transaction (other than the licensee) is a suitable person to be or to become a party to the transaction.

No. 11.  Page 16 - After line 27 insert new clause as follows:

                  Limitations on associated betting operations

            25A. (1) It is a condition of a proprietary racing business licence that the licensee must ensure that all reasonable steps are taken to prevent interactive betting operations on races conducted under the licence involving the acceptance of bets from persons within South Australia.

                        (2) In this section—

            "betting facility" means an office, branch or agency established by a person lawfully conducting betting operations at which the public may attend to make bets with that person;

            "interactive betting operations" means operations involving betting by persons not present at a betting facility where the betting is by means of telephone, internet communications or any other form of interactive electronic communications.

No 12    Page 27 - After line 10 insert new Schedule as follows:

SCHEDULE 1

Transitional Provisions

                        Interim proprietary racing business licences

                1. (1) The Minister may grant an interim proprietary racing business licence to an applicant for a proprietary racing business licence if the applicant satisfies the Minister that before 26 October 2000 the applicant had commenced to carry on, or entered into substantial arrangements for the purpose of the applicant carrying on, the proprietary racing business to which the application relates.

                (2) An interim proprietary racing business licence remains in force, subject to this Act, until determination of the application for a proprietary racing business licence.

                (3) For the purposes of subclause (2), an application for a proprietary racing business licence will be taken to be determined when—

                        (a)   a proprietary racing business licence is granted to the applicant; or

                        (b)   the applicant is notified in writing by the Authority or the Minister that it will not be granted a licence.

                (4) The Minister may impose conditions of an interim proprietary racing business licence (including conditions fixing fees or periodic fees payable for the licence) and may, by written notice to the licensee, vary or revoke the conditions or impose further conditions.

                (5) An interim proprietary racing business licence is not transferable.

                (6) Sections 8 to 13 (inclusive) of this Act do not apply to an interim proprietary racing business licence but the other provisions of this Act apply as if the licence were a proprietary racing business licence.

 

J M Davis CLERK OF THE LEGISLATIVE COUNCIL

 

         Ordered - That the amendments be taken into consideration forthwith.

 

In Committee

 

         Resolved – That Amendments Nos 1 to 6 be agreed to.

         Resolved – That Amendment No 7 be disagreed to and alternative amendments be made in lieu thereof.

         Resolved – That Amendments Nos 8 to 12 be agreed to.

 

____________

 

         The House having resumed:

Hon G A Ingerson reported that the Committee had considered the amendments referred to it and had agreed to Amendments Nos 1 to 6 and 8 to 12 without amendment, had disagreed to Amendment No 7 and had made alternative amendments in lieu thereof.

 

32      Native Title (South Australia)(Validation and Confirmation) Amendment Bill

         Ordered – That the second reading of this Bill be now taken into consideration.

        

         Suspension of Standing Orders

The Minister for Environment and Heritage, without notice, moved - That Standing Orders be so far suspended as to enable the Bill to pass through its remaining stages without delay.

Question put and passed, without a negative voice, there being present an absolute majority of the whole number of Members of the House.

 


         The Minister for Environment and Heritage moved – that the Bill be now read a second time.

Debate ensued.

Question put and passed.

 

Bill read a second time.

 

In Committee

 

                                                Clauses Nos 1 to 5 agreed to.

                                                Clause No 6 read.

 

The Minister for Environment and Heritage moved on page 6, lines 23 to 34 and on page 7, lines 1 to 18, to leave out paragraphs (e), (f), (g), (h), (i), and (j).

 

Safeguarding amendment

Mr Wright having intimated that he intended to move on page 6, line 25, after the word "waters", to insert the words, “unless the reservation or condition was to provide access to the sea coast and no part of the land or waters abuts the sea coast”.

Question – That paragraph (e) be left out – put.

      Committee divided (No 2):

 


                                Ayes, 24

 

Hon M H Armitage

Hon M K Brindal

Hon R L Brokenshire

Hon D C Brown

Hon M R Buckby

Mr Condous

Hon G M Gunn

Hon J L Hall

Mr Hamilton-Smith

Hon G A Ingerson

Hon R G Kerin

Hon D C Kotz

Mr Lewis

Hon W A Matthew

Ms Maywald

Mr McEwen

Mr Meier

Hon J W Olsen

Hon J K G Oswald

Mrs Penfold

Mr Scalzi

Mr Venning

Mr Williams

Hon I F Evans (Teller)


        Noes, 22

 

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

Ms Rankine

Hon M D Rann

Mr Snelling

Ms Stevens

Hon R B Such

Ms Thompson

Ms White

Mr Wright (Teller)


 

         So it was resolved in the affirmative.

 


         Question – That paragraphs (f), (g), (h), (i), and (j) be left out – put.

         Committee divided (No 3):

 


                       Ayes, 24

 

Hon M H Armitage

Hon M K Brindal

Hon R L Brokenshire

Hon D C Brown

Hon M R Buckby

Mr Condous

Hon G M Gunn

Hon J L Hall

Mr Hamilton-Smith

Hon G A Ingerson

Hon R G Kerin

Hon D C Kotz

Mr Lewis

Hon W A Matthew

Ms Maywald

Mr McEwen

Mr Meier

Hon J W Olsen

Hon J K G Oswald

Mrs Penfold

Mr Scalzi

Mr Venning

Mr Williams

Hon I F Evans (Teller)


        Noes, 22

 

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

Ms Rankine

Hon M D Rann

Mr Snelling

Ms Stevens

Hon R B Such

Ms Thompson

Ms White

Mr Wright (Teller)


 

         So it was resolved in the affirmative.

 

                                                Clause as amended agreed to.

                                                Clauses Nos 7 and 8 agreed to.

                                                Title agreed to.

 

____________

 

         The House having resumed:

Hon D C Wotton 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.

 


33      Suspension of Standing Orders

Hon M D Rann, without notice, moved - That Standing Orders be so far suspended as to enable him to move a motion forthwith.

Debate ensued.

Question put and there being a negative voice.

      House divided (No 4):

 


                                           Ayes, 23

 

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 Rankine

Mr Snelling

Ms Stevens

Hon R B Such

Ms Thompson

Ms White

Mr Wright

Hon M D Rann (Teller)


        Noes, 23

 

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 McEwen

Mr Meier

Hon J W Olsen

Mrs Penfold

Mr Scalzi

Mr Venning

Mr Williams

Hon D C Wotton

Hon R G Kerin (Teller)


 

         Casting Vote

The number of Ayes and Noes being equal, the Speaker gave his casting vote for the Noes.

 

So it passed in the negative.

 


34      Suspension of Standing Orders

Mr Conlon, without notice, moved - That Standing Orders be so far suspended as to enable him to move a motion forthwith.

Debate ensued.

Question put and there being a negative voice.

      House divided (No 5):

 


                                           Ayes, 23

 

Mr Atkinson

Ms Bedford

Ms Breuer

Ms Ciccarello

Mr Clarke

Mr De Laine

Mr Foley

Mrs Geraghty

Mr Hanna

Mr Hill

Ms Hurley

Ms Key

Mr Koutsantonis

Mr Lewis

Ms Rankine

Hon M D Rann

Mr Snelling

Ms Stevens

Hon R B Such

Ms Thompson

Ms White

Mr Wright

Mr Conlon (Teller)


        Noes, 23

 

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 McEwen

Mr Meier

Hon J W Olsen

Mrs Penfold

Mr Scalzi

Mr Venning

Mr Williams

Hon D C Wotton

Hon R G Kerin (Teller)


 

         Casting Vote

The number of Ayes and Noes being equal, the Speaker gave his casting vote for the Noes.

 

So it passed in the negative.

 

35      Stamp Duties (Land Rich Entities and Redemption) Amendment Bill

Ordered – That consideration in Committee of the suggested amendment of the Legislative Council in this Bill be now resumed.

 

In Committee

 

         Resolved – That the suggested amendment be agreed to.

 

____________

 

         The House having resumed:

Hon G M Gunn reported that the Committee had considered the suggested amendment referred to it, had agreed to the same without amendment and had amended the Bill accordingly.

 

36      Postponement of business

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

 


37      Controlled Substances (Drug Offence Diversion) 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.

         Proceeded, by leave, to the third reading.

 

         Bill read a third time and passed.

 

38      Occupational Health, Safety and Welfare (Penalties) 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.

         Proceeded, by leave, to the third reading.

 

         Bill read a third time and passed.

 

39      Postponement of business

Ordered - That Orders of the Day: Government Business Nos 8 to 16 be postponed and taken into consideration after Order of the Day: Government Business No 17.

 

40      Construction Industry Long Service Leave (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.

         Proceeded, by leave, to the third reading.

 

         Bill read a third time and passed.

 

41      Messages from the Legislative Council

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

 

         TAB (Disposal) Bill                                                                      Message No 33

MR SPEAKER – The Legislative Council has agreed to the Bill returned herewith, titled an Act to make provision for the disposal of the business of the South Australian Totalizator Agency Board; to amend and subsequently repeal the Racing Act 1976; to amend the Stamp Duties Act 1923 and the State Lotteries Act 1966; and for other purposes, with the amendments and suggested amendments indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly, and which suggested amendments the Legislative Council  requests the House of Assembly to make to the said Bill.

         Legislative Council, 7 December 2000                                         J C Irwin, PRESIDENT

 

 

Schedule of the amendments made by the Legislative Council

 

 

No 1     Page 14, lines 6 to 9 (clause 16) - Leave out subclause (6).

No 2     Page 15 - After line 2 insert new clause as follows:

                  Superannuation Trust Deed

            16A. (1) The Trustee must, as soon as practicable, obtain appropriate advice and, on the basis of that advice, determine the amount by which the Fund exceeds that necessary to maintain the level of benefits payable from the Fund to the Members (the Fund surplus).

                  (2) The Board and the Trustee must, as soon as practicable after the Fund surplus has been determined and in accordance with the Deed, amend the Deed so that 50 per cent of the Fund surplus (or as near to 50 per cent of the Fund surplus as is reasonably achievable) will be applied in the provision of benefits to the Members in a manner that the Board and the Trustee determine to be equitable as between the Members.

                  (3) If the making of a transfer order or sale agreement will necessitate the making of an employee transfer order, the transfer order or sale agreement must contain provisions necessary to continue the application of the Deed to the employees who will be transferred by the employee transfer order.

                        (4) In this section—

                  (a)  "Deed" means the deed of trust dated 28 July 1969 establishing the superannuation fund known as the South Australian Totalizator Agency Board Staff Superannuation Fund, as amended from time to time;

                  (b)  the expressions "Board", "Fund", "Member" and "Trustee" have the same respective meanings as in the Deed.

                  (5) This section comes into operation on the day on which this Act is assented to by the Governor.

 

 

Schedule of the suggested amendments made by the Legislative Council

 

 

No 1     Page 24, lines 10 to 13, clause 3 (Schedule 4) - Leave out paragraphs (a) and           (b).

No 2     Page 24, lines 17 to 21, clause 4 (Schedule 4) - Leave out paragraphs (a) to (e) inclusive and insert:

                  (a)  by striking out from section 3(1) the definition of "the Hospitals Fund" and substituting the following definition:

                        "the Hospitals Fund" means the fund of that name kept at the Treasury and continued in existence under this Act;;

                        (b)           by inserting after section 16A the following section:

                        Hospitals Fund

                        16AB. (1) The Fund entitled the "Hospitals Fund" established at the Treasury will continue in existence under that name.

                           (2) The Hospitals Fund may only be used for the provision, maintenance, development and improvement of public hospitals and equipment for public hospitals by making payments as approved by the Treasurer to the Consolidated Account to match amounts appropriated by Parliament and paid from the Consolidated Account for those purposes.

No 3     Page 24, lines 22 to 24, clause 5 (Schedule 4) - Leave out clause 5.

 

J M Davis CLERK OF THE LEGISLATIVE COUNCIL

 

         Ordered - That the amendments be taken into consideration forthwith.

 

In Committee

 

         Resolved - That Amendment No 1 be agreed to.

         Resolved – That Amendment No 2 be amended and agreed to.

         Resolved – That the suggested amendments be agreed to.

 

____________

 

        


The House having resumed:

Mr Williams reported that the Committee had considered the amendments referred to it and had agreed to Amendment No 1 without amendment, had agreed to Amendment No 2 with an amendment and had agreed to the suggested amendments and had amended the Bill accordingly.

 

         Authorised Betting Operations Bill                                             Message No 34

MR SPEAKER – The Legislative Council has agreed to the Bill returned herewith, titled an Act to provide for the licensing and regulation of totalizor and other betting operations; and to amend the Criminal Law (Undercover Operations) Act 1995, the Gaming Supervisory Authority Act 1995, the Lottery and Gaming Act 1936 and the Workers Rehabilitation and Compensation Act 1986, with the amendments indicated in the annexed Schedule, to which amendments the Legislative Council  desires the concurrence of the House of Assembly.

         Legislative Council, 7 December 2000                                         J C Irwin, PRESIDENT

 

Schedule of the amendments made by the Legislative Council

 

No 1     Page 27 - After line 27 insert new clause 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 8 December 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.

No 2     Page 47 - After line 4 insert new clause as follows:

                  Review of Act

            92. The Minister must, within 12 months after the day on which section 7 comes into operation, cause this Act to be reviewed and cause a report of the review to be laid before both Houses of Parliament.

 

J M Davis CLERK OF THE LEGISLATIVE COUNCIL

 

         Ordered - That the amendments be taken into consideration forthwith.


 

In Committee

 

         The Minister for Government Enterprises moved - That Amendment No 1 be disagreed to.

         Question put

         Committee divided (No 6):

 


                       Ayes, 23

 

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

Ms Maywald

Mr McEwen

Mr Meier

Hon J W Olsen

Hon J K G Oswald

Mrs Penfold

Mr Scalzi

Mr Venning

Mr Williams

Hon M H Armitage (Teller)


        Noes, 22

 

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

Ms Rankine

Hon M D Rann

Mr Snelling

Ms Stevens

Hon R B Such

Ms Thompson

Ms White

Mr Wright (Teller)


 

         So it was resolved in the affirmative.

 

         Resolved – That Amendment No 2 be agreed to.

 

____________

 

         The House having resumed:

Hon D C Wotton reported that the Committee had considered the amendments referred to it and had agreed to Amendment No 2 without amendment, and had disagreed to Amendment No 1.

 

         Education (Councils and Charges) Amendment Bill                   Message No 35

MR SPEAKER – The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Education Act 1972 and to make a related amendment to the Children’s Services Act 1985, with the amendments indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

         Legislative Council, 7 December 2000                                         J C Irwin, PRESIDENT

 

Schedule of amendments made by the Legislative Council

 

No 1     Page 14, line 3 (clause 6) – After “cause” insert the following:

                        Part 8 and

No 2     Page 14, (clause 6) – After line 9 insert new subsection as follows:

                        (2) Sections 106A to 106C of this Act expire on 1 December 2002.

 

J M Davis CLERK OF THE LEGISLATIVE COUNCIL

 

         Ordered - That the amendments be taken into consideration forthwith.


In Committee

 

         Resolved - That Amendments Nos 1 and 2 be agreed to.

 

____________

 

         The House having resumed:

Hon D C Wotton reported that the Committee had considered the amendments referred to it and had agreed to the same without amendment.

 

         Racing (Proprietary Business Licensing) Bill                              Message No 36

MR SPEAKER – The Legislative Council has agreed not to insist on its Amendment No 7 in the Racing (Proprietary Business Licensing) Bill to which the House of Assembly has disagreed, and has agreed to the alternative amendment made by the House of Assembly but has made a necessary consequential amendment to the Bill indicated by the annexed Schedule, to which consequential amendment the Legislative Council desires the concurrence of the House of Assembly.

         Legislative Council, 7 December 2000                                         J C Irwin, PRESIDENT

 

Schedule of amendment made by the Legislative Council consequentially to the alternative amendment made by the House of Assembly to Amendment No 7 of the Legislative Council and agreed to by the Legislative Council.

 

Page 17 (clause 25A) – Leave out from the definition of “interactive betting operations” the words “telephone, internet communications or any other form of interactive electronic communications” and insert “interactive communications”.

 

J M Davis CLERK OF THE LEGISLATIVE COUNCIL

 

         Ordered - That the consequential amendment be taken into consideration forthwith.

 

In Committee

 

         Resolved - That the consequential amendment be agreed to.

 

____________

 

         The House having resumed:

Hon D C Wotton reported that the Committee had considered the consequential amendment referred to it and had agreed to the same without amendment.

 

42      Select Committee on Parliamentary Procedure and Practice - Leave to sit

The Minister for Government Enterprises, by leave, moved - That the Select Committee on Parliamentary Procedure and Practice have leave to sit during the sitting of the House today.

Question put and passed.

 

43      Message from the Legislative Council

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

 

      Gaming Machines (Freeze on Gaming Machines) Amendment Bill (No 2)

                                                                                                                           Message No 37

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Gaming Machines Act 1992, to which it desires the concurrence of the House of Assembly.

         Legislative Council, 7 December 2000                                         J C Irwin, PRESIDENT

 

         Bill read a first time.

 

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

 

         Suspension of Standing Orders

The Premier, without notice, moved - That Standing Orders be so far suspended as to enable the Bill to pass through its remaining stages without delay.

Question put and passed without a negative voice, there being present an absolute majority of the whole number of Members of the House.

 

         Debate ensued.

         Question put.

         House divided (No 7):

 


                       Ayes, 30

 

Mr Atkinson

Ms Bedford

Ms Breuer

Hon R L Brokenshire

Hon D C Brown

Hon M R Buckby

Mr De Laine

Hon I F Evans

Mrs Geraghty

Hon G M Gunn

Mr Hamilton-Smith

Mr Hanna

Ms Hurley

Hon R G Kerin

Hon D C Kotz

Mr Koutsantonis

Hon W A Matthew

Ms Maywald

Mr McEwen

Mr Meier

Mrs Penfold

Ms Rankine

Hon M D Rann

Mr Scalzi

Ms Stevens

Hon R B Such

Mr Venning

Mr Williams

Mr Wright

Hon J W Olsen (Teller)


        Noes, 13

 

Hon M H Armitage

Hon M K Brindal

Ms Ciccarello

Mr Clarke

Mr Condous

Mr Conlon

Hon J L Hall

Mr Hill

Hon G A Ingerson

Ms Key

Mr Snelling

Ms Thompson

Mr Foley (Teller)


 

         So it was resolved in the affirmative.

 

         Bill read a second time.

         Proceeded, by leave, to the third reading.

 

         Bill read a third time and passed.

 

44      Next day of sitting

         The Deputy Premier moved - That the House at its rising adjourn until Tuesday 27 February at 2.00 pm.

         Debate ensued.

         Question put and passed.

 

45      Extension of sitting

The Deputy Premier moved - That the sitting of the House be extended beyond 6.00pm.

Question put and passed.

 

46      Rearrangement of business

         The Deputy Premier, by leave, moved – That Private Members Business deferred until Thursday 15 March 2001 be set down for Thursday 1 March 2001.

         Question put and passed.

 


47      Suspension of Standing Orders

The Deputy Premier, without notice, moved - That Standing Orders be so far suspended as to enable Order of the Day: Other Motions No 4 to be proceeded with, forthwith.

Question put and passed, without a negative voice, there being present an absolute majority of the whole number of Members of the House.

 

48      Apology to the Aboriginal People – Motion re

      Order of the Day read for the adjourned debate on the motion of Ms Bedford – That this House restates its apology to the Aboriginal People for past policies of forcible removal and the effect of those policies on the indigenous community and acknowledges the importance of an apology from all Australian Parliaments as an integral part of the process of healing and reconciliation.

      Debate resumed.

      Question put and passed.

 

49      Suspension and resumption of sitting

      At 6.05 pm the sitting of the House was suspended.

      At 7.00 pm the Speaker resumed the Chair.

 

50      Messages from the Legislative Council

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

 

      Country Fires (Incident Control) Amendment Bill                 Message No 38

MR SPEAKER – The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Country Fires Act 1989, with the amendments indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

         Legislative Council, 7 December 2000                                         J C Irwin, PRESIDENT

 

Schedule of amendments made by the Legislative Council

 

No 1     Page 4, lines 3 to 8 (clause 6) – Leave out the definition of “incident controller” and subclause (4) and insert:

                  “incident controller” for a fire or other emergency means the person for the time being appointed to be the incident controller for the fire or other emergency in accordance with procedures approved by the Board.

                  (4) The appointment of an incident controller will end or be superseded by a subsequent appointment in circumstances defined by the Board.

No 2     Page 4 (clause 7) – After line 24 insert the following:

                  (3a) The Board must take steps to have any relevant provisions of a management plan for a government reserve brought to the attention of the C.F.S. members who might exercise powers under this section with respect to the reserve.

 

         Ordered - That the amendments be taken into consideration forthwith.

 

In Committee

 

         Resolved - That Amendments Nos 1 and 2 be agreed to.

 

____________

 

         The House having resumed:

Hon G M Gunn reported that the Committee had considered the amendments referred to it and had agreed to same without amendment.


 

      Native Title (South Australia)(Validation and Confirmation) Amendment Bill                                                           Message No 39

MR SPEAKER – The Legislative Council has agreed to the amendments made by the House of Assembly in the Native Title (South Australia)(Validation and Confirmation) Amendment Bill, without any amendment.

         Legislative Council, 7 December 2000                                         J C Irwin, PRESIDENT

 

Development (System Improvement Program) Amendment Bill           

                                                                                                                           Message No 40

MR SPEAKER – The Legislative Council has agreed to the amendment made by the House of Assembly in the Development (System Improvement Program) Amendment Bill, without any amendment.

         Legislative Council, 7 December 2000                                         J C Irwin, PRESIDENT

 

      TAB (Disposal) Bill                                                                Message No 41

MR SPEAKER – The Legislative Council has agreed to the amendment made by the House of Assembly to the Legislative Council’s Amendment No 2 in the TAB (Disposal) Bill without any amendment. The Bill is returned herewith.

         Legislative Council, 7 December 2000                                         J C Irwin, PRESIDENT

 

      Authorised Betting Operations Bill                                       Message No 42

MR SPEAKER – The Legislative Council does not insist on its Amendment No 1 in the Authorised Betting Operations Bill, to which the House of Assembly has disagreed. The Bill is returned herewith.

         Legislative Council, 7 December 2000                                         J C Irwin, PRESIDENT

 

      Casino (Miscellaneous) Amendment Bill                              Message No 43

MR SPEAKER – The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Casino Act 1997; and to make a related amendment to the Gaming Machines Act 1992, to which it desires the concurrence of the House of Assembly.

         Legislative Council, 7 December 2000                                         J C Irwin, PRESIDENT

 

         Bill read a first time.

 

         Ordered, on motion of Mr Conlon, that the second reading be made an Order of the Day for Thursday 1 March 2001.

 

51      Adjournment

         House adjourned at 7.14 pm until Tuesday 27 February 2001 at 2.00 pm.

 

____________

 

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

         For Wednesday 28 February 2001

 

Notice of Motion: Committee Reports

 

Mr Lewis to move – That the One Hundred and Forty-Second Report of the Public Works Committee on the Qualco Sunlands Groundwater Control Scheme  – Stockyards Plain Disposal Basin  – Status Report be noted.

 


 

         For Thursday 1 March 2001

 

Notice of Motion: Private Members Bills/Committees/Regulations

 

Hon R B Such to move – That he have leave to introduce a Bill for an Act to vary the Australian Road Rules.

____________

 

 

         Present during the day - All Members.

 

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

 

         Division No 1 -

               Ayes - Hon D C Wotton.

               Noes - Ms White.

 

         Division No 7 -

               Ayes - Hon D C Wotton.

               Noes - Ms White.

 

 

 

 

 

 

                                                                                                            J K G Oswald

                                                                                                            SPEAKER

 

G D Mitchell

CLERK OF THE HOUSE OF ASSEMBLY