No 18

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

WEDNESDAY 10 NOVEMBER 2004

 

 

1       Meeting of House

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

 

2        Messages from the Governor

         The following Messages from the Governor were received and read:

 

Assent to Bills                                                                                         Message No 5

The Governor informs the House of Assembly that, in the name and on behalf of Her Majesty the Queen, the following Acts were assented to during the fourth Session of the 50th Parliament, viz –

No. 40 of 2004       An Act to amend the Criminal Law Consolidation Act 1935.

No. 41 of 2004       An Act to amend the Stamp Duties Act 1923.

No. 42 of 2004       An Act to amend the Tobacco Products Regulation Act 1997.

Government House, 10 November 2004                               M Jackson-Nelson, GOVERNOR

 

Criminal Assets Confiscation Bill - Recommending                                Message No 6

The Governor recommends to the House of Assembly the appropriation of such amounts of money as may be required for the purposes mentioned in the Criminal Assets Confiscation Bill 2004.

Government House, 10 November 2004                               M Jackson-Nelson, GOVERNOR

 

3       Petition No 29

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

 

29     The Minister for Health, from 3943 residents and business people from the City of Tea Tree Gully, requesting the House to urge the Government to ensure the operation of a Police Facility/Patrol Base within the City of Tea Tree Gully before the expiry of the term of this Parliament.

 

4       Papers

         The Speaker laid on the Table the following Paper:

 

      Alexandrina Council – Report 2003-2004.

 

         The following Paper was tabled:

 

By the Minister for Environment and Conservation (Hon J D Hill) –

      Department of Transport and Urban Planning – Report 2003-2004.

 

 

 

 

 

5       Legislative Review Committee - Report – Ninth

 

Ninth Report

Mr Hanna brought up the 9th Report of the Committee.

Report received.

 

6       Questions

Questions without notice were asked.

 

7       Grievance debate

On motion of the Speaker, the House noted grievances.

 

8       Shop Trading Hours (Tourist Precincts) Amendment  Bill

Mrs Hall, pursuant to notice, moved - That she have leave to introduce a Bill for an Act to amend the Shop Trading Hours Act 1977.

Question put and passed.

         Bill presented and read a first time.

 

         Mrs Hall moved - That this Bill be now read a second time.

         Ordered, on motion of Mrs Geraghty, that the debate be adjourned until Wednesday 24 November.

 

9       Occupational Safety, Rehabilitation and Compensation Committee - Report – Occupational Health, Safety and Welfare (Safework SA) Amendment Bill - Motion to note

Mr Caica, pursuant to notice, moved - That the Seventh Report of the Occupational Safety, Rehabilitation and Compensation Committee on the Occupational Health, Safety and Welfare (Safework SA) Amendment Bill be noted.

Debated ensued.

Ordered, on the motion of Mrs Redmond, that the debate be adjourned until Wednesday 24 November.

 

10      Postponement of business

Ordered - That Notices of Motion: Private Members Bills/Committees/Regulations Nos 3 to 5 be postponed until Wednesday 24 November.

 

11      Constitution (Basic Democratic Principles) Amendment Bill

Hon G M Gunn, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Constitution Act 1934.

Question put and passed.

         Bill presented and read a first time.

 

         Hon G M Gunn moved - That this Bill be now read a second time.

Ordered, on motion of Mrs Geraghty, that the debate be adjourned until Wednesday 24 November.

 

12      Parental Responsibility Bill

Hon G M Gunn, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to impose criminal liability on parents for offences committed by their children; to give the police power to remove children from public places; to make related amendments to the Young Offenders Act 1993; and for other purposes.

Question put and passed.

         Bill presented and read a first time.

 

         Hon G M Gunn moved - That this Bill be now read a second time.

Ordered, on motion of Mrs Geraghty, that the debate be adjourned until Wednesday 24 November.

 

13      Road Traffic (Highway Speed Limit) Amendment Bill

Hon G M Gunn, 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 G M Gunn moved - That this Bill be now read a second time.

Ordered, on motion of Mrs Geraghty, that the debate be adjourned until Wednesday 24 November.

 

14      Postponement of business

Ordered severally - That Notices of Motion: Private Members Bills/Committees/Regulations Nos 10 to 13, 15 and 16 be postponed until Wednesday 24 November.

 

15      Environment Protection (Plastic Shopping Bags) Amendment Bill

Mr Hanna, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Environment Protection Act 1993.

Question put and passed.

         Bill presented and read a first time.

 

         Mr Hanna moved - That this Bill be now read a second time.

Ordered, on motion of Mrs Geraghty, that the debate be adjourned until Wednesday 24 November.

 

16      Postponement of business

Mr Goldsworthy, moved – That Notice of Motion: Private Members Business Bills/ Committees/ Regulations No 19 be postponed to Wednesday 24 November.

Question put.

         House divided (No 1):

 

           Ayes, 18

 

           Noes, 24

Mr Brindal

Hon M J Atkinson

Mr Brokenshire

Ms Bedford

Hon M R Buckby

Ms Breuer

Ms Chapman

Mr Caica

Hon I F Evans

Ms Ciccarello

Hon G M Gunn

Hon K O Foley

Mrs Hall

Mrs Geraghty

Mr Hamilton-Smith

Mr Hanna

Hon R G Kerin

Hon S W Key

Hon D C Kotz

Mr Koutsantonis

Hon W A Matthew

Hon J D Lomax-Smith

Dr McFetridge

Hon K A Maywald

Mr Meier

Hon R J McEwen

Mrs Penfold

Mr O'Brien

Mrs Redmond

Ms Rankine

Mr Scalzi

Hon M D Rann

Mr Williams

Mr Rau

Mr Goldsworthy (Teller)

Mr Snelling

 

Hon L Stevens

 

Hon R B Such

 

Ms Thompson

 

Hon J W Weatherill

 

Hon M J Wright

 

Hon J D Hill (Teller)

 

         So it passed in the negative.

 

17      Water Resources Act 1997 – Regulations – Lower South East – Commercial Forestry – Motion to disallow

Mr Williams, pursuant to notice, proceeding to move - That the Regulations made under the Water Resources Act 1997 entitled Lower South East – Commercial Forestry, made on 3 June and laid on the Table of this House on 29 June, be disallowed.

 

18      Matter of Privilege

Mr Hamilton-Smith proceeding to raised as a matter of privilege the calling of a meeting by the Chair of the Economic and Finance Committee at which the Auditor-General would appear to provide further evidence in respect of the evidence he provided to the Committee on 20 October 2004.

 

19      Serious Disorder – Suspension and resumption of sitting

There being serious disorder in the Chamber, the Speaker suspended the sitting of the House at 5.12 pm.

At 7.30 pm the Deputy Speaker resumed the Chair.

 

20      Matter of Privilege

Mr Hamilton-Smith further indicated that given the Speaker was still deliberating over a matter of privilege raised yesterday in the House concerning the appearance of the Auditor-General before the Economic and Finance Committee on 20 October, any subsequent appearance of the Auditor-General before the Economic and Finance committee on this matter would pre-empt the Speaker’s consideration of the matter of privilege and in itself, represent a contempt.

The Deputy Speaker advised the House that he would refer the matter to the Speaker for his consideration.

 

21      Order of Business

The Deputy Premier (Hon K O Foley), without notice, moved – That Private Members Business be resumed and continue for 35 minutes.

Question put and passed.

 

22      Water Resources Act 1997 – Regulations – Lower South East – Commercial Forestry – Motion to disallow

Motion (interrupted by the foregoing) resumed.

         Debate ensued.

 

____________

 

The two hours for consideration of Private Members Business having expired, the debate was adjourned (Hon R G Kerin, by leave) and Government Business was called on.

____________

 

 

23      Message from the Legislative Council

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

 

         Professional Standards Bill                                                                    Message No 9

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to provide for the limitation of liability of members of occupational associations in certain circumstances; to facilitate improvement in the standards of services provided by those members; and for other purposes, without any amendment.

         Legislative Council, 10 November 2004                                            R R Roberts, PRESIDENT

 

24      Postponement of business

Ordered - That Notice of Motion: Government Business No 1 be postponed and taken into consideration after Notice of Motion: Government Business No 3.

 

25      Acts Interpretation (Miscellaneous) 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 Acts Interpretation Act 1915; and to make a related amendment to the Subordinate Legislation Act 1978.

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 Dr McFetridge, that the debate be adjourned until tomorrow.

 

26      Criminal Assets Confiscation Bill

The Attorney-General (Hon M J Atkinson), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to provide for confiscation of proceeds and instruments of crime; to make related amendments to the Controlled Substances Act 1984, the Criminal Law Consolidation Act 1935, the Financial Transaction Reports (State Provisions) Act 1992 and the Legal Services Commission Act 1977; to repeal the Criminal Assets Confiscation Act 1996.

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 Dr McFetridge, that the debate be adjourned until tomorrow.

 

27      Suspension of Standing Orders

The Deputy Premier, pursuant to notice, move That Standing Orders be and remain so far suspended as to enable the Report of the Auditor-General to be referred to a Committee of the whole House and for Ministers to be examined on matters contained in the papers in accordance with the following timetable –

 

Wednesday 10 November 2004

Premier, Minister for Economic Development, Minister for Social Inclusion, Minister for the Arts, Minister for Volunteers – (30 minutes)

Deputy Premier, Treasurer, Minister for Police, Minister for Federal/State Relations– (45 minutes)

Minister for Health – (30 minutes)

Minister for Administrative Service, Minister for Industrial Relations, Minister for Recreation, Sport and Racing, Minister for Gambling – (30 minutes)

Attorney –General, Minister for Justice, Minister for Multicultural Affairs – (30 minutes)

 

Thursday 11 November 2004

Minister for Transport, Minister for Urban Development and Planning, Minister for Science and Information Economy – (30 minutes)

Minister for Families and Communities, Minister for Housing, Minister for Aging, Minister for Disability – (30 minutes)

Minister for Agriculture, Food and Fisheries, Minister for State/Local Government Relations, Minister for Forests – (30 minutes)

Minister for the River Murray, Minister for Regional Development, Minister for Small Business, Minister for Consumer Affairs – (30 minutes).

Question put and passed.

 

         Report of the Auditor-General 2003-2004

The Deputy Premier, pursuant to order, moved – That the Speaker do now leave the Chair for consideration in Committee of the Report of the Auditor-General 2003 - 2004.

Question put and passed.

 

In Committee

Premier, Minister for Economic Development, Minister for Social Inclusion, Minister for the Arts, Minister for Volunteers examined.

Deputy Premier, Treasurer, Minister for Police, Minister for Federal/State Relations examined.

Minister for Health part examined.

 

         To report progress and ask leave to sit again.

 

____________

 

         The House having resumed:

Ms Thompson reported that the Committee had examined the Ministers on matters contained in the reports referred to it, had made progress therein and asked leave to sit again.

Ordered - That the Committee have leave to sit again on motion.

 

28      Extension of time for adjournment

Ordered, on motion of the Minister for Health (Hon L Stevens), that the time for moving the adjournment of the House be extended beyond 10.00 pm.

 

 

29      Report of the Auditor-General 2003-2004

Ordered - That the consideration in Committee of the Report of the Auditor-General 2003 – 2004 be now resumed.

 

In Committee

Minister for Health further examined.

Minister for Administrative Service, Minister for Industrial Relations, Minister for Recreation, Sport and Racing, Minister for Gambling examined.

Attorney–General, Minister for Justice, Minister for Multicultural Affairs examined.

 

         To report progress and ask leave to sit again.

 

____________

 

 

         The House having resumed:

Hon R B Such reported that the Committee had further considered the Auditor-General’s Report 2003 - 2004, had made progress therein and asked leave to sit again.

Ordered – That the Committee have leave to sit again tomorrow.

 

30      Message from the Legislative Council

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

 

         Summary Offences (Tattooing and Piercing) Amendment Bill               Message No 10

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

         Legislative Council, 10 November 2004                                            R R Roberts, PRESIDENT

 

                     Schedule of the amendments made by the Legislative Council

 

No. 1.      Page 4, lines 13 to 14 (clause 5) - Leave out "18 years" and insert:

            16 or 18 years, as the case may require

 

No. 2.      Page 4 (clause 5) - After line 15 insert new definition as follows:

            "minor" means—

(a)        in the case of a genital piercing—a person under the age of 18 years; or

(b)       in all other cases—a person under the age of 16 years;;

 

No. 3.      Page 5 - After line 16 insert the following:

            Code of practice

21D.  (1) The Minister must, after consultation with at least one body that represents the interests of tattooists and body piercers in South Australia, establish a code of practice for tattooists and body piercers.

(2) The Minister must publish the code of practice in the Gazette.

(3) The Minister may vary or revoke the code of practice by notice in the Gazette.

(4) A tattooist or body piercer who contravenes the code of practice is guilty of an offence.

                        Maximum penalty:         $1 250.

 

            Disciplinary action

21E.  (1) There is proper cause for disciplinary action against a person conducting, or formerly conducting, the business of tattooing or body piercing if—

 

 (a)   the person has acted contrary to an assurance accepted by the Commissioner under the Fair Trading Act 1987; or

 (b)   the person or any other person has acted contrary to section 21A, 21B, 21C or 21D or otherwise unlawfully, or improperly, negligently or unfairly, in the course of conducting, or being employed or otherwise engaged in, that business.

 

(2) Disciplinary action may be taken against each director of a body corporate that is conducting, or formerly conducted, the business of tattooing or body piercing if there is proper cause for disciplinary action against the body corporate.

 

(3) Disciplinary action may not be taken against a person in relation to the act or default of another if that person could not reasonably be expected to have prevented that act or default.

 

(4) The Commissioner or any other person may lodge with the Court a complaint setting out matters that are alleged to constitute grounds for disciplinary action under this section.

 

(5) On the lodging of a complaint, the Court may conduct a hearing for the purpose of determining whether the matters alleged in the complaint constitute grounds for disciplinary action under this section.

 

(6) Without limiting the usual powers of the Court, the Court may during the hearing—

 

(a)    allow an adjournment to enable the Commissioner to investigate or further investigate matters to which the complaint relates; and

(b)    allow the modification of the complaint or additional allegations to be included in the complaint subject to any conditions as to adjournment and notice to parties and other conditions that the Court may think fit to impose.

 

(7) On the hearing of a complaint, the Court may, if it is satisfied on the balance of probabilities that there is proper cause for taking disciplinary action against the person to whom the complaint relates, by an order or orders do one or more of the following:

 

(a) reprimand the person;

(b) impose a fine not exceeding $2 500 on the person;

(c)  prohibit the person from conducting, or being employed or otherwise engaged in, the business of tattooing or body piercing;

(d)  prohibit the person from being a director of a body corporate that conducts the business of tattooing or body piercing.

 

(8) The Court may—

 

(a) stipulate that a prohibition is to apply—

 

(i)     for a specified period (not exceeding 7 years); or

(ii)    until the fulfilment of stipulated conditions; and

 

(b)  stipulate that an order relating to a person is to have effect at a specified future time and impose conditions as to the conduct of the person or the person’s business until that time.

 

(9) If—

 

(a) a person has been found guilty of an offence; and

 (b)the circumstances of the offence form, in whole or in part, the subject matter of the complaint,

 

                                    the person is not liable to a fine under subsection (7) in respect of conduct giving rise to the offence.

 

(10) If a person contravenes or fails to comply with a condition imposed by the Court as to the conduct of the person or the person’s business, the person is guilty of an offence.

                        Maximum penalty:         $35 000 or imprisonment for 6 months.

(11) If a person—

 

(a)  conducts, or is employed or otherwise engaged in, the business of tattooing or body piercing; or

(b)  becomes a director of a body corporate that conducts the business of tattooing or body piercing,

 

in contravention of an order of the Court, the person is guilty of an offence.

 

                        Maximum penalty:         $35 000 or imprisonment for 6 months.

 

(12) In this section—

 

                        “Court” means the Administrative and Disciplinary Division of the District Court;

 

                        “Director” of a body corporate includes—

 

(a)         a person occupying or acting in the position of director or member of the governing body of the body corporate, by whatever name called and whether or not validly appointed to occupy or duly authorised to act in the position; and

(b)         any person in accordance with whose directions or instructions the directors or members of the governing body of the body corporate are accustomed to act.

 

J M Davis CLERK OF THE LEGISLATIVE COUNCIL

 

Ordered - That consideration of the amendments be an Order of the Day for Wednesday 24 November.

 

31      Speaker's Statement – Matter of Privilege

The Speaker informed the House that he had yet to consider the matter of privilege raised yesterday by Mr Hamilton-Smith.

With respect to the subsequent matter of privilege raised earlier today by Mr Hamilton-Smith, the Speaker stated that while it is the Committee prerogative to meet with the Auditor-General to hear further evidence regarding the transfer of government department funds into the Crown Solicitor’s Trust Account, it must not receive evidence from the Auditor-General about the circumstances surrounding his appearance before the Committee on 20 October, as the Speaker is yet to make a determination about the existence of a prima facia case of breach of privilege in respect of that matter.

 

32      Adjournment

House adjourned at 11.56 pm until tomorrow at 10.30 am.

 

 

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MOTION OF WHICH NOTICE WAS GIVEN

 

 

 

 

 

 

 

 

            For Thursday 11 November 2004

 

Notice of Motion: Other Motions -

 

Mrs Geraghty to move – That this House congratulates the new Adelaide Thunderbirds team selected for the 2005 season.

 

 

____________

 

 

Present during the day - All Members except the Minister for Infrastructure (Hon P F Conlon) and the Minister for Transport (Hon P L White).

 

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

 

         Division No 1 -

               Ayes - The Minister for Infrastructure (Hon P F Conlon) and the Minister for Transport (Hon P L White).

               Noes –Deputy Leader of the Opposition (Hon D C Brown) and Mr Venning.

 

 

 

 

 

 

                                                                                                                        Peter Lewis

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY