No 20

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

WEDNESDAY 4 DECEMBER 1996

 

 

1       Meeting of House

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

 

2       Messages from the Governor

         The following Messages from the Governor were received and read:

 

         Assent to a Bill                                                                                        Message No 9

No 78 of 1996 - An Act to transfer certain business of ANZ Executors and Trustee Company (South Australia) Limited to ANZ Executors and Trustee Company Limited; to amend the Trustee Companies Act 1988; and for other purposes.

         Government House, 4 December 1996                                            E J Neal, GOVERNOR

 

         Livestock Bill - Recommending                                                              Message No 10

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 Livestock Bill 1996.

         Government House, 4 December 1996                                            E J Neal, GOVERNOR

 

3       Papers

         The following Papers were tabled:

 

         By the Premier (Hon J W Olsen) -

               Carrick Hill Trust - Audit Report, 1995-96

               South Australian Country Arts Trust - Report, 1995-96

               Telstra Adelaide Festival 96 - Biennial Report, 1994-96

 

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

               Environment, Resources and Development Committee - Report into Environmental, Resource, Planning, Land Use, Transportation and Development Aspects of the MFP 1995-96 - Response by the Minister for Industry, Manufacturing, Small Business and Regional Development

 

         By the Minister for Health (Hon M H Armitage) -

               Institute of Medical and Veterinary Science - Report, 1995-96

 

         By the Treasurer (Hon S J Baker) -

               Commissioner for Equal Opportunity - Report, 1995-96

 

         By the Minister for Emergency Services (Hon W A Matthew) -

               State Emergency Service - Report, 1995-96

 

         By the Minister for Housing, Urban Development and Local Government Relations (Hon E S Ashenden) -

               Corporation of Hindmarsh and Woodville - Local Heritage Plan Amendment Report - Interim Operation

               South Australian Housing Trust - Code of Practice.

 

4       Legislative Review Committee - Reports - Seventh, Eighth and Firearms Regulations

Mr Cummins brought up the Seventh Report of the Committee.

         Report received and read as follows:

The Regulations listed hereunder are at present being considered by the Legislative Review Committee. Evidence is being taken in regard to these Regulations and it is necessary for Notices of the Motion for Disallowance to be given in both Houses before the expiration of 14 sitting days, to allow the Committee time to complete its deliberations.

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

Regulations referred to:-

No 98 - MFP Development Act 1992 - Regulations - Land Excluded from the Core Site

 

Mr Cummins brought up the Eighth Report of the Committee.

         Report received.

 

Mr Cummins brought up the Report of the Committee relating to the Regulations under the Firearms Act 1977.

         Report received.

 

Mr Cummins brought up the Minutes of Evidence given before the Legislative Review Committee relating to the Regulations under the Firearms Act 1977.

         Minutes received.

 

5       Public Works Committee - Reports - Forty-Fourth and Forty-Fifth

Mr Oswald brought up the Forty-Fourth Report of the Committee on the MFP Economic Development Stage One Project.

         Report received.

         Ordered to be printed (Paper No 193)

 

Mr Oswald brought up the Forty-Fifth Report of the Committee on the Filtration Plant at the Bolivar Wastewater Treatment Plant.

         Report received.

         Ordered to be printed (Paper No. 194)

 

6       Questions

         Questions without notice were asked.

 

7       Matter of Privilege

The Leader of the Opposition (Hon M D Rann) raised as a matter of privilege, an allegation that the Deputy Premier (Hon G A Ingerson) had misled the House.

The Speaker advised he would investigate the matter and report to the House.

 

8       Questions

         Questions without notice (interrupted by the foregoing) resumed.

 

9       Grievance debate

         The Speaker proposed - That the House note grievances.

         Debate ensued.

         Question put and passed.

 


10      Police (Contract Appointments) Amendment Bill

Order of the Day read for the consideration of the amendments of the Legislative Council in this Bill.

 

In Committee

Resolved - That the amendments of the Legislative Council be agreed to.

____________

 

         The House having resumed:

The Hon H Allison reported that the Committee had considered the amendments referred to it and had agreed to the same.

 

11      Messages from the Legislative Council

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

 

Electricity Bill                                                                                         Message No 28

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to regulate the electricity supply industry: to make provision for safety and technical standards for electrical installations; to amend the Electricity Corporations Act 1994 and the Local Government Act 1934; 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, 3 December 1996                                             H P K Dunn, PRESIDENT

 

         Schedule of amendments made by the Legislative Council

No 1    Page 2, lines 14 and 15 (clause 4) - Leave out all words in these lines.

No 2    Page 7, line 15 (clause 11) - After “information” insert “gained in the course of administering this Act (including information gained by an authorised officer under Part 7)”.

No 3    Page 11, line 11 (clause 19) - After “guilty of a” insert “material”.

No 4    Page 17, line 5 (clause 37) - Leave out “contravened” and insert “been guilty of a material contravention of”.

No 5    Page 17 (clause 37) - After line 7 insert new paragraph as follows:-

(d)     there has been any act or default such that the holder of a licence would no longer be entitled to the issue of such a licence,”.

No 6   Page 20 (clause 47) - After line 10 insert the following:-

(aa)    excavate public land and install underground cables; or”.

No 7   Page 20, lines 16 to 18 (clause 47) - Leave out subclause (2) and insert new subclause as follows:-

                    “(2)  An electricity entity proposing to install electricity infrastructure for the distribution of electricity to land that has not previously been connected to a transmission or distribution network must not install powerlines for that purpose on or above public land except as authorised under the regulations.”

No 8   Page 25, lines 5 and 6 (clause 55) - Leave out “other than public powerlines referred to in subsection (2)”.

No 9   Page 25, lines 10 to 16 (clause 55) - Leave out subclause (2).

No 10 Page 25, line 21 (clause 55) - Leave out “or council”.

No 11 Page 25, line 24 (clause 55) - Leave out “a council or” and insert “an”.

No 12 Page 25, line 29 (clause 55) - Leave out “a council or” and insert “an”.

No 13 Page 25, line 30 (clause 55) - Leave out “council or”.

No 14 Page 26, lines 3 and 4 (clause 56) - Leave out “that are not within a prescribed area”.

No 15 Page 26, line 21 (clause 57) - Leave out “or a council officer”.

No 16 Page 26, lines 22 and 23 (clause 57) - Leave out “or council”.

No 17 Page 26, line 24 (clause 57) - Leave out “or council officer”.

No 18 Page 26, line 29 (clause 57) - Leave out “or council officer”.

No 19 Page 26, line 31 (clause 57) - Leave out “or council officer”.

No 20 Page 27, line 1 (clause 57) - Leave out “or council officer”.

No 21 Page 27, lines 6 and 7 (clause 57) - Leave out subclause (6).

No 22 Page 27, lines 19 and 20 (clause 58) - Leave out “or councils”.

No 23 Page 36, line 30 (clause 79) - Leave out subclause (3).

No 24 Page 37, line 11 (clause 82) - Leave out “, electricity officer or council officer” and insert “or electricity officer”.

No 25 Page 37, line 15 (clause 82) - Leave out “, electricity officer or council officer” and insert “or electricity officer”.

No 26 Page 37, line 25 (clause 83) - Leave out “, electricity officer or council officer” and insert “or electricity officer”.

No 27 Page 38, line 12 (clause 83) - Leave out “, electricity officer or council officer” and insert “or electricity officer”.

J M Davis, CLERK OF THE LEGISLATIVE COUNCIL

 

         Ordered - That the amendments be taken into consideration forthwith.

 

In Committee

         Resolved - That the amendments be disagreed to.

____________

 

         The House having resumed:

The Hon H Allison reported that the Committee had considered the amendments referred to it and had resolved to disagree to the same.

 

         Parliamentary Remuneration (Supplementary Allowances and Benefits)

               Amendment Bill                                                                                Message No 29

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Parliamentary Remuneration Act 1990, without any amendment.

         Legislative Council, 3 December 1996                                             H P K Dunn, PRESIDENT

 

         Criminal Assets Confiscation Bill                                                            Message No 30

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to provide for the confiscation of criminal assets; to repeal the Crimes (Confiscation of Profits) Act 1986; to make related amendments to the Criminal Law Consolidation Act 1935 and the Lottery and Gaming Act 1936; and for other purposes, to which it desires the concurrence of the House of Assembly.

The Legislative Council draws the attention of the House of Assembly to clause no. 19, printed in erased type, which clause, being a money clause, cannot originate in the Legislative Council, but which is deemed necessary to the Bill.

         Legislative Council, 3 December 1996                                             H P K Dunn, PRESIDENT

 

         Bill read a first time.

 

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

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

 

         Second-hand Dealers and Pawnbrokers Bill                                          Message No 31

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to regulate second-hand dealers and pawnbrokers; to amend the Magistrates Court Act 1991 and the Summary Offences Act 1953; and for other purposes, to which it desires the concurrence of the House of Assembly.

         Legislative Council, 3 December 1996                                             H P K Dunn, PRESIDENT

 

         Bill read a first time.

 

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

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


         Waite Trust (Miscellaneous Variations) Bill                                            Message No 32

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to allow vocational agricultural training and certain other appropriate activities on land that is subject to the terms of the Peter Waite Trust for the establishment of an agricultural high school; to free from the trust the land occupied by Unley High School; and for other purposes, to which it desires the concurrence of the House of Assembly.

         Legislative Council, 3 December 1996                                             H P K Dunn, PRESIDENT

 

Bill read a first time.

 

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

 

         Suspension of Standing Orders

The Treasurer, without notice, moved - That Standing Orders be so far suspended as to enable this 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 and passed.

 

Bill read a second time.

Proceeded, by leave, to the third reading.

 

Bill read a third time and passed.

 

         Fisheries (Protection of Fish Farms) Amendment Bill                             Message No 33

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Fisheries Act 1982, with the amendment indicated by the annexed Schedule, to which amendment the Legislative Council desires the concurrence of the House of Assembly.

         Legislative Council, 3 December 1996                                             H P K Dunn, PRESIDENT

 

Schedule of the amendment made by the Legislative Council

Page 3 (clause 2) - After line 14 insert new subsection as follows:-

            “(13)         This section will expire on the fifth anniversary of its commencement.”

J M Davis, CLERK OF THE LEGISLATIVE COUNCIL

 

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

 

         Adoption (Miscellaneous) Amendment Bill                                             Message No 34

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Adoption Act 1988. with the amendments indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

         Legislative Council, 3 December 1996                                             H P K Dunn, PRESIDENT

 

Schedule of amendments made by the Legislative Council

 

         No 1     Page 8, line 31 (clause 23) - Insert “(but the Chief Executive cannot require that a renewal be lodged in person)” after “Executive”.

         No 2     Page 8 (clause 23) - After line 31 insert new paragraph as follows:-

                           “(8) The Chief Executive will, if necessary, send a person who has lodged a direction under this section a renewal notice approximately 6 months, 3 months and 2 weeks before the date on which the direction will expire, unless the person has requested in writing that no such notices be sent.

                            (9) Subject to any written directions of the person to the contrary, a renewal notice will be sent to a person at his or her address last known to the Chief Executive.”

         No 3     Page 8, line 33 (clause 23) - Leave out “must” and insert “may”.

         No 4     Page 8, line 34 (clause 23) - Leave out “encourage” and insert “invite”.

 

 

         Ordered - That the amendments be taken into consideration forthwith.

 

In Committee

         Resolved - That the amendments of the Legislative Council be agreed to.

____________

 

         The House having resumed:

Hon H Allison reported that the Committee had considered the amendments referred to it and had agreed to the same without amendment.

 

12      Suspension and resumption of sitting

         At 4.56 pm the sitting of the House was suspended.

         At 5.49 pm the Speaker resumed the Chair.

 

13      Message from the Legislative Council

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

 

         Electricity Bill                                                                             Message No 35

MR SPEAKER -  The Legislative Council insists on its amendments in the Electricity Bill to which the House of Assembly has disagreed. The Bill is returned herewith.

         Legislative Council, 3 November 1996                                             H P K Dunn, PRESIDENT

 

         Ordered - That the Message be taken into consideration forthwith.

 

In Committee

         Resolved - That the disagreement to the amendments of the Legislative Council be insisted on.

____________

 

         The House having resumed:

The Hon H Allison reported that the Committee had considered the Message referred to it and had resolved that the disagreement to the amendments of the Legislative Council be insisted on.

 

         Conference -

Treasurer moved - That a Message be sent to the Legislative Council requesting that a Conference be granted to this House respecting certain amendments of the Legislative Council in the Electricity Bill and that the Legislative Council be informed that, in the event of such a Conference being agreed to, this House will be represented at such Conference by five Managers; and that Mr Foley, Mrs Kotz, Mr Quirke, Mr Venning and the mover be Managers of the Conference on the part of this House.

Question put and passed

 

14      Extension of time for adjournment

The Treasurer moved - That the time for moving the adjournment of the House be extended beyond 6.00 pm.

Question put and passed.

 


15      Fisheries (Protection of Fish Farms) Amendment Bill

Ordered - That the amendment of the Legislative Council in this Bill be now taken into consideration.

 

In Committee

Resolved - That the amendment of the Legislative Council be disagreed to.

____________

 

         The House having resumed:

The Hon H Allison reported that the Committee had considered the amendment referred to it and had disagreed to the same.

 

16      Messages from the Legislative Council

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

 

Electricity Bill                                                                                         Message No 36

MR SPEAKER - The Legislative Council has in reply to Message No 44 from the House of Assembly, agreed to grant a Conference on the Electricity Bill, as requested by the House of Assembly. The Legislative Council has named the hour of 10.00 pm this day to receive the Managers on behalf of the House of Assembly, at the Plaza Room on the first floor of the Legislative Council.

         Legislative Council, 4 December 1996                                             H P K Dunn, PRESIDENT

 

         Conference

         The Deputy Premier moved -  That a Message be sent to the Legislative Council agreeing to the time and place for holding the Conference.

         Question put and passed.

 

17      Adjournment

         The Treasurer moved - That the House do now adjourn.

         Debate ensued.

         Question put and passed.

         House adjourned at 6.26 pm until tomorrow at 10.30 pm.

 

____________

 

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

               For Thursday 5 December 1996

         Notice of Motion: Government Business-

 

The Premier to move - That he have leave to introduce a Bill for an Act to authorise agreement between the South Australian and the Northern Territory governments for the construction of a railway between Alice Springs and Darwin; and for other purposes.

 

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

 

Mr Foley to move - That the Regulations under the MFP Development Act 1992 relating to Land Excluded from Core Site, gazetted on 17 October and laid on the Table of this House on 22 October 1996 be disallowed.

 

Mr Cummins to move - That the Regulations under the MFP Development Act 1992 relating to Land Excluded from Core Site, gazetted on 17 October and laid on the Table of this House on 22 October 1996 be disallowed.

 

Mr Oswald to move - That the Forty-Fifth Report of the Public Works Committee on the Filtration Plant at the Bolivar Wastewater Treatment Plant be noted.

 

Mr Oswald to move - That the Forty-Fourth Report of the Public Works Committee on the MFP Economic Development Stage One Project be noted.

 

         Notice of Motion: Other Motions-

 

Ms Hurley to move - That this House congratulates notable South Australian journalist and author, Mr Max Fatchen, for winning the Walkley Award for Outstanding Contribution to Journalism this year.

 

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         Present during the day - All Members.

 

 

 

 

 

                                                                                                            G M Gunn

                                                                                                            SPEAKER

 

G D Mitchell

CLERK OF THE HOUSE OF ASSEMBLY