No 18

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

THURSDAY 22 JUNE 2006

 

 

1       Meeting of House

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

 

2       Nanotechnology Research - Motion re

            Hon R B Such, pursuant to notice, moved - That this House –

(a)           urges the State Government to give priority to making SA the innovative nanotechnology State;

(b)           commends our three Universities for their commitment to nanotechnology with regard to research and commercial application; and

(c)           requests the State Government to appoint a full time coordinator/facilitator and support staff to help advance nanotechnology research and commercial application(s) in this State.

               Ordered, on motion of Mrs Geraghty, that the debate be adjourned until Thursday 29 June.

 

3       Significant Tree Legislation Review - Motion re

Hon R B Such, pursuant to notice, moved - That this House calls on the State Government to undertake a further review of significant tree legislation with the aim of

(a)           determining an appropriate definition of significant tree;

(b)           more adequately protecting genuinely significant native trees;

(c)           ensuring that the public is more adequately notified of proposals to remove significant trees on private or public land;

(d)           providing for appropriately qualified persons be used to prepare advice to Councils and planning authorities regarding possible activities involving removal or pruning of a significant tree;

(e)           ensuring that development and building laws and regulations allow refusal of new buildings closer than the outer canopy line of a significant tree and to be outside the possible limb dropping potential of a significant tree;

(f)             ensuring that protection is given to native tree species which are often slow growing and may not meet significant tree status, as well as other smaller but ecologically important trees;

(g)           providing indemnity to Councils for any damage caused by significant trees; and 

(h)           providing for exotic trees not to be covered by the significant tree legislation, unless the tree has a special heritage or environmental listing.

Debate ensued.

Ordered, on motion of Mrs Geraghty, that the debate be adjourned until Thursday 29 June.

 

4       Young Media Australia - Motion re

Ms Thompson, pursuant to notice, moved - That this House commends the Attorney-General for continuing the Rann Government’s support for Young Media Australia and calls on the Federal Liberal Government to show similar support for all parents in their difficult task of guiding their children’s exposure to the media.

 

 

Ms Chapman moved – That the debate be adjourned.

Question put and negatived.

 

         Debate (interrupted by the foregoing) ensued.

 

Mr Hamilton-Smith moved – That the debate be adjourned.

         Question put.

         House divided (No 1):

 

           Ayes, 13

 

           Noes, 30

Hon I F Evans

Hon M J Atkinson

Mr Goldsworthy

Ms Bedford

Mr Griffiths

Mr Bignell

Hon G M Gunn

Ms Breuer

Dr McFetridge

Hon P Caica

Mr Pederick

Ms Ciccarello

Mrs Penfold

Hon P F Conlon

Mr Pengilly

Hon K O Foley

Mr Pisoni

Miss Fox

Mrs Redmond

Mr Hanna

Mr Venning

Hon J D Hill

Mr Williams

Hon S W Key

Mr Hamilton-Smith (Teller)

Mr Kenyon

 

Mr Koutsantonis

 

Hon J D Lomax-Smith

 

Hon R J McEwen

 

Mr O'Brien

 

Mr Piccolo

 

Ms Portolesi

 

Hon J M Rankine

 

Hon M D Rann

 

Mr Rau

 

Ms Simmons

 

Hon L Stevens

 

Hon R B Such

 

Ms Thompson

 

Hon J W Weatherill

 

Hon P L White

 

Hon M J Wright

 

Mrs Geraghty (Teller)

 

         So it passed in the negative.

 

Debate (interrupted by the foregoing) resumed.

         Question put and passed.

 

5       Postponement of business

Ordered - That Notice of Motion: Other Motions No 4 to be postponed until Thursday 29 June.

 

6       Postponement of business

Mr Hamilton-Smith moved - That Notices of Motion: Other Motions Nos 5 to 8 to be postponed and taken into consideration after Notice of Motion: Other Motions No 9.

Question put.

 

         Division, only one Noe

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.

 

7       Censure of Treasurer and Minister for Transport - Motion re

Mr Hamilton-Smith, pursuant to notice, moved - That this House –

(a)           condemns the Treasurer and the Minister for Transport for misleading the House during answers to questions relating to Drug Driving legislation on 20th June 2006;

(b)           expresses its concern that factually incorrect statements made were either deliberate lies designed to effect a political advantage and deception or the result of a complete failure to check the facts and to ascertain the truth of the matters raised before stating them as fact in the House;

(c)           notes that the misleading remarks made by both Ministers constitute a breach of the Premier’s Ministerial Code of Conduct which should require action by the Premier; and

(d)           calls on both the Treasurer and the Minister for Transport to admit to the deception, apologise to the House and withdraw the misleading remarks.

         Debate ensued.

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It being 1.00 pm, the debate was adjourned (Mr Koutsantonis, by leave) and made an Order of the Day for Thursday 29 June.

____________

 

8       Petition No 17

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

 

17   Mrs Penfold, from 336 residents of South Australia, requesting the House to urge the Government to re-open the Venus Bay Garfish Fishery to commercial fishing and provide a SARDI representative to conduct a scientific study of the Fishery.

 

9       Answers to questions

Answers to questions on the Notice Paper Nos 11 to 14 and 16 were tabled by the Speaker.

 

10      Papers

         The following Papers were tabled:

 

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

      Eyre Peninsula Bushfire and Native Vegetation - Government's Response to the Fifty Fifth Report of the Environment, Resources and Development Committee

      Ministerial Statement – Perpetual Lease Accelerated Freeholding

 

By the Minister for Agriculture, Food and Fisheries (Hon R J McEwen) on behalf of Minister for the River Murray (Hon K A Maywald) –

      Murray Darling Basin Agreement 1992 –

                  Schedule E - Transferring Water Entitlements and Allowances, Part I - Preliminary

                  Schedule H - Application of Agreement to Australian Capital Territory.

 

11      Questions

Questions without notice were asked.

 

12      Grievance debate

On motion of the Speaker, the House noted grievances.

 

13      Next day of sitting

Ordered, on motion of the Attorney-General (Hon M J Atkinson), that the House at its rising adjourn until Tuesday 27 June at 2.00 pm.

 

14      Messages from the Legislative Council

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

 

Statutes Amendment (Road Transport Compliance and Enforcement) Bill

                                                                                                               Message No 24

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Road Traffic Act 1961, the Motor Vehicles Act 1959 and the Summary Offences Act 1953, with the amendment indicated by the annexed Schedule, to which amendment the Legislative Council desires the concurrence of the House of Assembly.

         Legislative Council, 21 June 2006                                                   R K Sneath, PRESIDENT

 

 

 

 

 

Schedule of amendment made by the Legislative Council

 

Amendment No 1

Clause 14, proposed new section 41J, page 52, line 26—

After "taken" insert:

or, instead, at the option of the operator of the vehicle or the occupier of the premises, the Crown must pay reasonable compensation for the damage caused to the vehicle, equipment, load or premises

 

         J M Davis CLERK OF THE LEGISLATIVE COUNCIL

 

         Ordered - That the amendment be taken into consideration forthwith.

 

In Committee

         Resolved - That the amendment be agreed to.

 

____________

 

         The House having resumed:

Mr Koutsantonis reported that the Committee had considered the amendment referred to it and had agreed to the same without amendment.

 

Water Efficiency Labelling and Standards Bill                                       Message No 25

MR SPEAKER - The Legislative Council has agreed to the amendment made by the House of Assembly in the Water Efficiency Labelling and Standards Bill, without any amendment.

         Legislative Council, 21 June 2006                                                   R K Sneath, PRESIDENT

 

Statutes Amendment (New Rules of Civil Procedure) Bill                      Message No 26

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Supreme Court Act 1935, the District Court Act 1991 and the Magistrates Court Act 1991 to make certain procedural changes, and changes in terminology, that have become desirable in the light of the proposed new rules of civil procedure for the Supreme Court and the District Court; and to make a related amendment to various other Acts, to which it desires the concurrence of the House of Assembly.

         Legislative Council, 22 June 2006                                                   R K Sneath, PRESIDENT

 

         Bill read a first time.

 

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

         Ordered, on motion of Mr Hamilton-Smith, that the debate be adjourned until Tuesday 27 June.

 

Environment, Resources and Development Court (Jurisdiction) Amendment Bill                                                    Message No 27

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

         Legislative Council, 22 June 2006                                                   R K Sneath, PRESIDENT

 

Superannuation (Administered Schemes) Amendment Bill                   Message No 28

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Superannuation Act 1988 and to make related amendments to the Superannuation Funds Management Corporation of South Australia Act 1995, with the amendment indicated by the annexed Schedule, to which amendment the Legislative Council desires the concurrence of the House of Assembly.

         Legislative Council, 22 June 2006                                                   R K Sneath, PRESIDENT

 

 

 

 

 

Schedule of amendment made by the Legislative Council

 

Amendment No 1

Clause 7, page 4, line 20—

After "circumstances" insert:

(but only insofar as the Board determines it to be fair and reasonable in the circumstances)

 

         J M Davis CLERK OF THE LEGISLATIVE COUNCIL

 

 

         Ordered - That the amendment be taken into consideration forthwith.

 

 

In Committee

         Resolved - That the amendment be agreed to.

____________

 

         The House having resumed:

Mr Koutsantonis reported that the Committee had considered the amendment referred to it and had agreed to the same without amendment.

 

Statutes Amendment (Disposal of Human Remains) Bill                        Message No 29

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Births, Deaths and Marriages Registration Act 1996; the Coroners Act 2003 and the Cremation Act 2000, without any amendment.

         Legislative Council, 22 June 2006                                                   R K Sneath, PRESIDENT

 

15      Evidence (Use of Audio and Audio Visual Links) Amendment Bill

The Attorney-General (Hon M J Atkinson), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Evidence Act 1929.

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 Hamilton-Smith, that the debate be adjourned until Tuesday 27 June.

 

16      Development (Panels) 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.

Clause No 10 amended and agreed to.

Clauses Nos 11 to 13 agreed to.

Schedule agreed to.

Title agreed to.

____________

 

         The House having resumed:

Ms Thompson reported that the Committee had considered the Bill referred to it and had agreed to the same with an amendment.

 

The Minister for Families and Communities (Hon J W Weatherill), moved - That this Bill be now read a third time.

Debate ensued.

Question put and passed.

 

         Bill read a third time and passed.

 

17      Tobacco Products Regulation (Prohibited Tobacco Products) Amendment Bill

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

         The Minister for Health, moved - That this Bill be now read a second time.

         Ordered, on motion of Mrs Redmond, that the debate be adjourned until Tuesday 27 June.

 

18      Criminal Law Consolidation (Dangerous Driving) 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 Mrs Redmond, by leave, that the debate be further adjourned and resumed on motion.

 

19      Extension of time for adjournment

Ordered, on motion of the Attorney-General, that the time for moving the adjournment of the House be extended beyond 5.00 pm.

 

20      Criminal Law Consolidation (Dangerous Driving) Amendment Bill

Ordered - That the adjourned debate on the question, that this Bill be now read a second time - be now resumed.

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.

Clause No 6 agreed to.

Title agreed to.

____________

 

         The House having resumed:

Ms Thompson reported that the Committee had considered the Bill referred to it and had agreed to the same with an amendment.

 

Bill read a third time and passed.

 

21      Messages from the Legislative Council

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

 

Commission of Inquiry (Children in State Care) (Privileges and Immunities) Amendment Bill                     Message No 30

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Commission of Inquiry (Children in State Care) Act 2004, to which it desires the concurrence of the House of Assembly.

         Legislative Council, 22 June 2006                                                   R K Sneath, PRESIDENT

 

         Bill read a first time.

 

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

 

         Suspension of Standing Orders

The Minister for Families and Communities, without notice, moved - That Standing Orders be so far suspended as to enable the Commission of Inquiry (Children in State Care) (Privileges and Immunities) Amendment Bill to pass through all 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.

Ordered, on motion of Mrs Redmond, by leave, that the debate be further adjourned until Tuesday 27 June.

 

Development (Panels) Amendment Bill                                                  Message No 31

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

         Legislative Council, 22 June 2006                                                   R K Sneath, PRESIDENT

 

Criminal Law Consolidation (Dangerous Driving) Amendment Bill        Message No 32

MR SPEAKER - The Legislative Council has agreed to the amendment made by the House of Assembly in the Criminal Law Consolidation (Dangerous Driving) Amendment Bill, without any amendment.

         Legislative Council, 22 June 2006                                                   R K Sneath, PRESIDENT

 

22      Suspension of Standing Orders

The Attorney-General, without notice, moved - That for the remainder of the session, Standing Orders be so far suspended as to provide that the Clerk may deliver Messages to the Legislative Council and the Speaker may receive Messages from the Legislative Council when this House is not sitting and the Clerk may deliver Messages to the President of the Legislative Council when that House is not sitting.

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

 

23      Adjournment

The House adjourned at 5.55 pm until Tuesday 27 June at 2.00 pm.

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Present during the day - All Members except the Minister for the River Murray (Hon K A Maywald) and Hon R G Kerin.

 

         The following Pair was handed in at the Table during the days proceedings:

 

         Division No 1 -

               Ayes - Ms Chapman.

               Noes – The Minister for the River Murray (Hon K A Maywald).

 

 

 

 

 

                                                                                                                        Hon J J Snelling

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY