No 21

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

THURSDAY 5 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       Conference - Electricity Bill

The Minister for the Environment and Natural Resources (Hon D C Wotton) moved - That the sitting of the House be continued during the Conference with the Legislative Council on the Electricity Bill.

Question put and passed.

 

3       Postponement of business

Ordered - That Notices of Motion: Private Members Bills/Committees/Regulations Nos 1 to 3 be Notices of Motion for Thursday 6 February 1997.

 

4       South Australian Housing Trust Act - Regulations - Water Rates - Motion for disallowance

Ms Hurley, pursuant to notice, moved - That the Regulations under the South Australian Housing Trust Act 1936 relating to Water Rates, gazetted on 1 August and laid on the Table of this House on 1 October 1996, be disallowed.

Debate ensued.

Ordered, on motion of Mr Meier, that the debate be adjourned until Thursday 6 February 1997.

 

5       Workers Rehabilitation and Compensation (Definition of trauma) Amendment Bill

Mr Atkinson, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Workers Rehabilitation and Compensation Act 1986.

Question put and passed.

 

Bill presented and read a first time.

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

Ordered, on motion of Mr Meier, that the debate be adjourned until Thursday 6 February 1997.

 

6       Rehabilitation of Sexual Offenders Bill

Mrs Rosenberg, pursuant to notice, moved - That she have leave to introduce a Bill for an Act to provide for the rehabilitation of sexual offenders; and for other purposes.

Question put and passed.

 

Bill presented and read a first time.

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

Ordered, on motion of Mr Meier, that the debate be adjourned until Thursday 6 February 1997.

 


7       Postponement of business

Ordered - That Notice of Motion: Private Members Bills/Committees/Regulations No 7 be a Notice of Motion for Thursday 6 February 1997.

 

8       MFP Development Act - Regulations - Motion for disallowance

Mr Foley, pursuant to notice, moved - 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 1997 be disallowed.

Debate ensued.

Ordered, on motion of Mr Bass, that the debate be adjourned until Thursday 6 February 1997.

 

9       Postponement of business

Ordered - That Notices of Motion: Private Members Bills/Committees/Regulations Nos 9 to 11 be Notices of Motion for Thursday 6 February 1997.

 

10      Select Committee on Organs for Transplantation - Extension of time for bringing up Report

The Minister for the Environment and Natural Resources moved - That the time for bringing up the Report of the Select Committee on Organs for Transplantation be extended until Thursday 6 February 1997.

Question put and passed.

____________

 

Pursuant to Sessional Orders, Notices of Motion: Other Motions were called on by the Clerk.

____________

 

11      International Mathematics and Science Study - Motion re

Mr Scalzi, pursuant to notice, moved - That this House congratulates South Australian teachers and schools for their commitment and work in achieving outstanding student results in the Third International Mathematics and Science Study which had South Australia ranked 9th overall in Mathematics and 7th overall in Science in a survey conducted in forty five countries world-wide.

Debate ensued.

Question put and passed.

 

12      Postponement of business

Ordered - That Notice of Motion: Other Motions No 2 be a Notice of Motion for Thursday 6 February 1997.

 

13      Gaming Machine Levy - Motion re

Ms Stevens, pursuant to notice, proceeding to move - That this House -

(a)  notes that $3 million from the Gaming Machine Levy promised by the former Premier on 3 May 1996 to meet urgent priorities for people with disabilities has not been distributed;

(b)  condemns the Minister for Health and the Minister for Family and Community Services for the bureaucratic wrangle that has delayed this program in the face of an ever growing number of disabled people in critical need of support; and

(c)  urges those Ministers to take immediate action to deliver the former Premier’s commitment.

____________

 

It being 12.30 pm, Orders of the Day: Other Motions were called on by the Clerk.

____________

 


14      Postponement of business

Ordered - That Orders of the Day: Other Motions to be postponed and taken into consideration after Notices of Motion: Other Motions are disposed of.

 

15      Gaming Machine Levy - Motion re

Motion (interrupted by the foregoing) resumed.

Ordered, on motion of Mr Meier, that the debate be adjourned until Thursday 6 February 1997.

 

16      Walkley Award - Mr Max Fatchen - Motion re

Ms Hurley, pursuant to notice, moved - 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.

Debate ensued.

Question put and passed.

 

17      Glenthorne Research Station - Motion re

Order of the Day read for the adjourned debate on the motion of Mrs Greig - That this House supports the retention of the Glenthorne Research Station at O’Halloran Hill for use as metropolitan open space.

Debate resumed.

Question put and passed.

 

18      Conference - Electricity Bill

The Treasurer (Hon S J Baker) reported as follows:

I have to report that the Managers have been at the Conference on the Electricity Bill, which was managed on the part of the Legislative Council by the Minister for Education, Hon R I Lucas, Hon P Holloway, Hon S M Kanck, Hon R D Lawson and Hon C A Pickles and we there delivered the Bill, together with the resolution adopted by this House and thereupon the Managers for the two Houses conferred together and it was agreed that we should recommend to our respective House that the following resolutions be agreed to:

 

As to Amendments Nos 1 to 5 -

That the House of Assembly do not further insist on its disagreement thereto.

As to Amendments Nos 6 and 7 -

That the Legislative Council do not further insist on these amendments

As to Amendments Nos 8 to 27 -

That the House of Assembly do not further insist on its disagreement thereto.

 

19      Petitions Nos 27 and 28

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

 

Mr Brindal, from 5 000 residents of South Australia, requesting that the House urge the Government to ban the recreational shooting of ducks and quails.

 

Mr De Laine, from 287 residents of South Australia, requesting that the House urge the Government to reverse its decision to close the Parks High School.

 

20      Paper

The Speaker laid on the Table:

 

The Supplementary Report of the Auditor-General for the year ended 30 June 1996.

 

Ordered to be printed (Paper No 4A).

 


21      Papers

The following Papers were tabled:

 

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

Dental Board of South Australia - Report, 1995-96

Occupational Therapists Registration Board of South Australia - Report, 1995-96

Public Advocate - Report, 1995-96

Care of the Dying in South Australia - Report of the Minister for Health, December 1996

South Australian Health Commission - Report, 1995-96

 

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

SA Ambulance Service - Report, 1995-96

 

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

Department for Correctional Services - Report, 1995-96

 

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

Department for State Government Services - Report, 1995-96

State Supply Board – Report, 1995-96

 

By the Minister for Primary Industries (Hon R G Kerin) -

South Australian Meat Corporation - Report, 1995-96.

 

22      Care of the Dying in South Australia - Report of the Minister for Health, December 1996 - Motion re

The Minister for Health, by leave, moved - That the Report of the Minister for Health on the Care of the Dying in South Australia be referred to the Social Development Committee.

Question put and passed.

 

23      Printing Committee - First Report

Mr Brokenshire brought up the First Report (Fourth Session) of the Printing Committee.

 

The Report, recommending the printing of the following papers:

Abortions Notified in South Australia, Committee Appointed to Examine and Report on - Report, 1995 (Paper No 90)

Adelaide Festival Centre - Report, 1995-96 (Paper No 84)

Ageing, Office for the - Report, 1995-96 (Paper No 144)

Art Gallery of South Australia - Report, 1995-96 (Paper No 41)

Arts and Cultural Development, Department for the - Report, 1995-96 (Paper No 105)

Attorney-General’s Department - Report, 1995-96 (Paper No 151)

Auditor- General’s Department, Operations of the - Report, 1995-96 (Paper No 4A)

Charitable Funds, Commissioners of - Report and Statement of Accounts, 1994-95 (Paper No 50)

Chiropractors Board of South Australia - Report, 1995-96 (Paper No 145)

Classification Council, South Australian - Report, 1995-96 (Paper No 116)

Construction Industry Long Service Leave Board - Report, 1995-96 (Paper No 129)

Consumer Affairs, Commissioner for - Report, 1995-96 (Paper No 75)

Country Fire Service - Report, 1995-96 (Paper No 130)

Courts Administration Authority - Report, 1995-96 (Paper No 147)

Environment and Natural Resources, Department of - Report, 1995-96 (Paper No 92)

Environment Protection Authority - Report, 1995-96 (Paper No 95)

Equal Opportunity, Commissioner for - Report, 1995-96 (Paper No 109)

Family and Community Services, Department for - Report, 1995-96 (Paper No 23)

Film Corporation, South Australian - Report, 1995-96 (Paper No 80)

Government Financing Authority, South Australian - Report, 1995-96 (Paper No 48)

History Trust of South Australia - Report, 1995-96 (Paper No 118)

Housing and Urban Development, Department of - Report, 1995-96 (Paper No 153)

Housing Trust, South Australian - Report, 1995-96 (Paper No 42)

Industrial Affairs, Department for - Report, 1995-96 (Paper No 46)

Legal Services Commission of South Australia - Report, 1995-96 (Paper No 136)

Libraries Board of South Australia - Report, 1995-96 (Paper No 54)

Local Government Finance Authority of South Australia - Report, 1995-96 (Paper No 43)

Local Government Grants Commission, South Australian - Report, 1995-96 (Paper No 106)

Lotteries Commission of South Australia - Report, 1995-96 (Paper No 32)

MFP Development Corporation - Report, 1995-96 (Paper No 168)

Medical Board of South Australia - Report, 1995-96 (Paper No 57)

Mines and Energy, South Australia - Report, 1995-96 (Paper No 26)

Multicultural and Ethnic Affairs Commission, South Australian and Office of Multicultural and Ethnic Affairs - Report, 1995-96 (Paper No 29)

Museum Board, South Australian - Report, 1995-96 (Paper No 8)

Nurses Board of South Australia - Report, 1995-96 (Paper No 82)

Outback Areas Community Development Trust - Report, 1995-96 (Paper No 47)

Passenger Transport Board - Report, 1995-96 (Paper No 19)

Police, Commissioner of, South Australia - Report and Statistical Review, 1995-96 (Paper No 53)

Premier and Cabinet, Department of  the - Report, 1995-96 (Paper No 91)

Primary Industries South Australia - Report, 1996-96 (Paper No 149)

Public Employment, Office of the Commissioner for -

Public Sector Workforce Information - June, 1996 (Paper No 114A)

Report, 1995-96 (Paper No 114)

Public Prosecutions, Director of - Report, 1995-96 (Paper No 167)

Recreation, Sport and Racing, Office of - Report, 1995-96 (Paper No 117)

Research and Development Institute (SARDI), South Australian - Report, 1995-96 (Paper No 152)

South Eastern Water Conservation and Drainage Board - Report, 1995-96 (Paper No 6)

State Electoral Office - Report, 1995-96 (Paper No 148)

State Emergency Service, South Australian - Report, 1995-96 (Paper No 150)

State Opera of South Australia - Report, 1995-96 (Paper No 123)

State Theatre - Report, 1995-96 (Paper No 96)

Superannuation Funds Management Corporation of South Australia-Report, 1995-96 (Paper No 67)

Timber Corporation, South Australian - Report, 1995-96 (Paper No 135)

Tourism Commission, South Australian - Report, 1995-96 (Paper No 155)

Transport, Department of - Report, 1995-96 (Paper No 37)

Treasury and Finance, Department of - Report, 1995-96 (Paper No 146)

Urban Projects Authority - Report, 1995-96 (Paper No 58)

West Beach Trust - Report, 1995-96 (Paper No 158).

 

24      Speaker's Statement - Matter of privilege

The Speaker made a statement as follows:

 

I refer to the alleged matter of privilege raised yesterday by the Leader of the Opposition. The Leader drew my attention to Erskine May which says that the House of Commons; “may treat the making of a deliberately misleading statement as a contempt”. I consider that this statement is correct. But I emphasise that Erskine May is referring to deliberate misleading of the House. I have heard the Deputy Premier’s explanation of this matter. He says that if the House was misled, it was unintentional. I am of the view that technically there may have been a prima facie case.  However as the Minister has apologised for his unintentional action I intend to take no further action but it is a matter for the House to determine whether it wishes to.

 

25      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 without notice.

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

 

         Limitation of Debate

The Deputy Premier moved - That the time allotted for this motion be one hour.

Question put and passed.

 


Hon M D Rann moved - That this House has lost confidence in the Deputy Premier as a Minister of the Crown as it is of the view that the Deputy Premier has misled the House in relation to matters surrounding the employment of staff in the South Australian Tourism Commission and has behaved improperly in the administration of his portfolios and further, this House censures the Premier for failing to obtain the resignation of the Deputy Premier or recommend to the Governor the withdrawal of the commission of the Deputy Premier, as a result of the Deputy Premier’s statements and actions in relation to these matters.

Debate ensued.

Question put.

 

House divided (No 1):

 


                           Ayes, 11

 

Mr Atkinson

Hon F T Blevins

Mr De Laine

Mr Foley

Mrs Geraghty

Ms Hurley

Mr Quirke

Hon M D Rann

Ms Stevens

Ms White

Mr Clarke (Teller)


                            Noes, 34

 

Hon H Allison

Mr Andrew

Hon E S Ashenden

Mr D S Baker

Hon S J Baker

Mr Bass

Mr Becker

Mr Brindal

Mr Brokenshire

Hon D C  Brown

Mr Caudell

Mr Condous

Mr Cummins

Mr Evans

Mrs Greig

Mrs Hall

Hon G A Ingerson

Hon R G Kerin

Mrs Kotz

Mr Leggett

Mr Lewis

Hon W A Matthew

Mr Meier

Hon J W Olsen

Mr Oswald

Mrs Penfold

Mrs Rosenberg

Mr Rossi

Mr Scalzi

Hon R B Such

Mr Venning

Mr Wade

Hon D C Wotton

Hon M H Armitage (Teller)


 

So it passed in the negative.

 

26      Grievance debate

The Speaker proposed - That the House note grievances.

Debate ensued.

Question put and passed.

 

27      Next day of sitting

The Premier (Hon J W Olsen) moved - That the House at its rising adjourn until Tuesday 4 February 1997 at 2.00 pm.

Question put and passed.


28      Alice Springs to Darwin Railway Bill

The Premier, pursuant to notice, moved - 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.

Question put and passed.

 

Bill presented and read a first time.

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

Ordered, on motion of Mr Atkinson, that the debate be adjourned until Tuesday 4 February 1997.

 

29      Messages from the Legislative Council

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

 

         Irrigation (Conversion to Private Irrigation District) Amendment Bill                  Message No 37

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Irrigation Act 1994, with the amendment indicated by the annexed Schedule, to which amendment the Legislative Council desires the concurrence of the House of Assembly.

         Legislative Council, 4 December 1994                                             H P K Dunn, PRESIDENT

 

Schedule of amendment made by the Legislative Council

Page 4 - After line 5 insert new clause as follows:

“Amendment of Schedule 3 - Consequential amendment of other Acts

11.  Schedule 3 of the principal Act is amended by inserting the following amendments to the Rates and Land Tax Remission Act 1968 after the amendment of the Local Government Act 1934:

Rates and Land Taxes Remission Act 1986

Insert the following paragraph (B) of the definition of “rates” in section 3:

(ba)      charges payable to an irrigation authority under Part 7 of the Irrigation Act 1994;

strike out schedule 1 and substitute the following schedule:

                     Schedule 1

Local Government Act 1934

Renmark Irrigation Trust Act 1936

Sewerage Act 1929

Waterworks Act 1932

 

Strike out schedule 4 and substitute the following Schedule:

                     Schedule 4

Crown Lands Act 1929 (Part 8)

Irrigation Act 1994

Local Government Act 1934

Renmark Irrigation Trust Act 1936”

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:

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

 


         Development Plan (City of Salisbury - MFP (The Levels))

               Amendment Bill                                                                                Message No 38

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Development Plan under the Development Act 1993 that relates to the area of the City of Salisbury, without any amendment.

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

 

         South Australian Ports (Bulk Handling Facilities) Bill                             Message No 39

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to authorise the sale of bulk handling facilities on fair commercial terms; to amend the South Australian Ports Corporation Act 1994; and for other purposes, without any amendment.

         Legislative Council, 5 December 1996                                             H P K Dunn, PRESIDENT

 

         Fisheries (Protection of Fish Farms) Amendment Bill                             Message No 40

MR SPEAKER - The Legislative Council does not insist on its amendment in the Fisheries (Protection of Fish Farms) Amendment Bill to which the House of Assembly has disagreed. The Bill is returned herewith.

         Legislative Council, 5 December 1996                                             H P K Dunn, PRESIDENT

 

         Electricity Bill                                                                                         Message No 41

MR SPEAKER - The Legislative Council, having considered the recommendations from the Conference on the Electricity Bill, has agreed to the same. The Bill is returned herewith.

         Legislative Council, 5 December 1996                                             H P K Dunn, PRESIDENT

 

Ordered - That Message be taken into consideration forthwith.

 

In Committee

Resolved - That the recommendations of the Conference be agreed to.

____________

 

The House having resumed:

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

 

30      Criminal Assets Confiscation 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 18 agreed to.

                                                New Clause No 19 inserted.

                                                Clauses Nos 20 to 39 agreed to.

                                                Schedules Nos 1 and 2 agreed to.

                                                Title agreed to.

____________

 

The House having resumed:

Hon H Allison reported that the Committee had considered the Bill referred to it and had agreed to the same with an amendment.

 

Bill read a third time and passed.

 


31      Second-hand Dealers and Pawnbrokers Bill

Order of the Day read for the adjourned debate on the question - That this Bill be now read a second time.

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.

 

32      Suspension and resumption of sitting

At 5.56 pm the sitting of the House was suspended.

At 7.30 pm the Speaker resumed the Chair.

 

33      Suspension of Standing Orders - Motion for, lapses

The Deputy Premier, without notice, moved - That Standing Orders be so far suspended as to enable the Motor Vehicles (Inspection) Amendment Bill and the Road Traffic (Inspection) Amendment Bill to pass through all stages without delay.

Debate ensued.

Question put.

 

         House divided (No 2)

 


                                           Ayes, 19

 

Hon H Allison

Mr Andrew

Hon E S Ashenden

Mr Brindal

Mr Buckby

Mr Caudell

Mr Condous

Mr Evans

Mrs Greig

Mrs Kotz

Mr Leggett

Mr Lewis

Mrs Penfold

Mrs Rosenberg

Mr Rossi

Mr Scalzi

Hon R B Such

Mr Wade

Hon G A Ingerson (Teller)


                            Noes, 9

 

Mr Atkinson

Hon F T Blevins

Mr Foley

Mrs Geraghty

Ms Hurley

Mr Quirke

Ms Stevens

Ms White

Mr Clarke (Teller)


 

So it was resolved in the affirmative but the Speaker ruled that the motion lapsed for want of an absolute majority.

 


34      Message from the Legislative Council

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

 

         Motor Vehicles (Inspections) Amendment Bill                                        Message No 42

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

         Legislative Council, 5 December 1996                                             H P K Dunn, PRESIDENT

 

Bill read a first time.

 

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

Ordered, on motion of Mr Atkinson, that the debate be adjourned and resumed on motion.

 

35      Suspension of Standing Orders

The Deputy Premier, without notice, moved - That Standing Orders be so far suspended as to enable the Motor Vehicles (Inspections) Amendment Bill to pass through its remaining stages without delay.

Debate ensued.

Question put.

 

         House divided (No 3)

 


                                           Ayes, 25

 

Hon H Allison

Mr Andrew

Hon E S Ashenden

Mr D S Baker

Mr Bass

Mr Brindal

Hon D C Brown

Mr Buckby

Mr Caudell

Mr Condous

Mr Evans

Mrs Greig

Mrs Hall

Mrs Kotz

Mr Leggett

Mr Lewis

Hon J W Olsen

Mr Oswald

Mrs Penfold

Mrs Rosenberg

Mr Rossi

Mr Scalzi

Hon R B Such

Mr Wade

Hon G A Ingerson (Teller)


                            Noes, 10

 

Mr Atkinson

Hon F T Blevins

Mr De Laine

Mr Foley

Mrs Geraghty

Ms Hurley

Mr Quirke

Ms Stevens

Ms White

Mr Clarke (Teller)


 

So it was resolved in the affirmative.

 

36      Motor Vehicles (Inspection) Amendment Bill

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

Debate resumed.

Ordered, on motion of Hon F T Blevins, that the debate be further adjourned and resumed on motion.

 


37      Messages from the Legislative Council

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

 

         Road Traffic (Inspection) Amendment Bill                                              Message No 43

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

         Legislative Council, 5 December 1996                                             H P K Dunn, PRESIDENT

 

         Bill read a first time.

Ordered That the second reading of this Bill be taken into consideration on motion.

 

         Local Government (Miscellaneous Provisions) Amendment Bill             Message No 44

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Local Government Act 1934, with the amendment indicated by the annexed Schedule, to which amendment the Legislative Council desires the concurrence of the House of Assembly.

         Legislative Council, 5 December 1996                                             H P K Dunn, PRESIDENT

 

Schedule of the amendment made by the Legislative Council

Page 5, line 20 to 40 and page 6, lines 1 to 3 (clause 9) - Leave out section 65AAB and insert new section as follows:

Investigation by Ombudsman

65AAB. (1) The Ombudsman May, on receipt of a complaint, carry out an investigation under this section if it appears to the Ombudsman that a council may have unreasonably excluded members of the public from its meetings under section 62(2), or unreasonably prevented access to documents under section 64(6).

(2)  The Ombudsman may, in carrying out an investigation under this section, exercise the powers of the Ombudsman Act 1972 as if carrying out an investigation under that Act.

(3)  At the conclusion of an investigation under this section, the Ombudsman must prepare a written report on the matter.

(4)  The Ombudsman must supply the Minister and the council with a copy of the report.

(5)  If the Ombudsman determines that the council has unreasonably excluded members of the public from its meetings under section 62(2) or unreasonably prevented access to documents under 64(6), the Minister may, on the recommendation of the Ombudsman, give direction to the council with respect to the future exercise of its powers under either or both of those sections, or to release information that should, in the opinion of the Ombudsman, be available to the public.

(6)  However, the Minister cannot give direction under section 9 unless the council has given a reasonable opportunity to make to the Minister in relation to the matter.

(7)  A council to which directions are given under this section must comply with those directions.

(8)  This section does not limit any other power to investigate under other provisions of this Act, or under another Act.”

J M Davis, CLERK OF THE LEGISLATIVE COUNCIL

 

         Ordered - That the amendment be taken into consideration forthwith.

 

In Committee

Resolved - That the amendment be disagreed to.

____________

 

The House having resumed:

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

 


38      Motor Vehicles (Inspection) Amendment Bill

Ordered - That the second debate on the second reading of this Bill be now resumed.

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      Road Traffic (Inspection) Amendment Bill

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

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

 

Ordered, on motion of the Mr Clarke, that the debate be further adjourned and resumed on motion.

 

40      Suspension of Standing Orders

The Deputy Premier, without notice, moved - That Standing Orders be so far suspended as to enable the Road Traffic (Inspection) Amendment Bill to pass through its remaining stages without delay.

Debate ensued.

Question put.

 

House divided (No 4)

 


                                Ayes, 26

 

Hon H Allison

Mr Andrew

Hon E S Ashenden

Mr D S Baker

Mr Bass

Mr Becker

Mr Brindal

Mr Brokenshire

Mr Buckby

Mr Caudell

Mr Condous

Mr Evans

Mrs Greig

Mrs Hall

Mrs Kotz

Mr Leggett

Mr Lewis

Hon J W Olsen

Mr Oswald

Mrs Penfold

Mrs Rosenberg

Mr Rossi

Mr Scalzi

Hon R B Such

Mr Wade

Hon G A Ingerson (Teller)


                            Noes, 10

 

Mr Atkinson

Hon F T Blevins

Mr Clarke

Mr De Laine

Mr Foley

Mrs Geraghty

Ms Hurley

Mr Quirke

Ms Stevens

Ms White (Teller)


 

         So it was resolved in the affirmative.

 


41      Messages from the Legislative Council

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

 

         South Eastern Water Conservation and Drainage (Contributions)

               Amendment Bill                                                                                Message No 45

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the South Eastern Water Conservation and Drainage Act 1992, with the amendments indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

         Legislative Council, 5 December 1996                                             H P K Dunn, PRESIDENT

 

Schedule of amendments made by the Legislative Council

 

No 1     Page 1, lines 17 to 21 (clause 2) - Leave out subclauses (1) and insert new subclauses as follows:

“(1) The Board may levy contributions from all landholders who occupy more than 10 hectares of private land (other than land referred to in subsection (2)) in the Upper South East Project Area”

No 2     Page 2, line 3 and 4 (clause 2) - Leave out “construction , altering , removing or maintaining any water management works” and insert “carrying out work involved in the Upper South East Project”.

No 3     Page 2, line 29 and 30 (clause 2) - Leave out “fixed by the Minister” and insert “not exceeding the prescribed percentage”.

No 4 Page 3 (clause 2) - After line 6 insert the following -

      “the prescribed percentage” means a percentage calculated as follows:

            p=(PBR + 3%)/12

      where -

            p is the prescribed percentage

            PBR is the prime bank rate for that financial year

      “prime bank rate”, for a particular year, means the published indicator rate for prime corporate lending of the Commonwealth Bank of Australia at the commencement of the financial year;”

No 5     Page 3 (clause 2) - After line 11 insert the following:

“‘Upper South East Project” means the scheme described in the Assessment Report, published by the Department of Housing and Urban Development in January 1995, relating to the Upper South East Dryland Salinity and Flood Management Plan developed by the National Resources Council on behalf of the South Australian Government;

the Upper South East Project area” means those areas of land in the South East that, in the Minister’s opinion (which is not reviewable by a court or tribunal) -

(a) have contributed to the problem that the Upper South East Project seeks to address; or

(b)  will benefit from the Project,

and that are described or delineated by the Minister, after consultation with the Board, by notice in the Gazette.’

J M Davis, CLERK OF THE LEGISLATIVE COUNCIL

 

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

 

         Criminal Assets Confiscation Bill                                                            Message No 46

MR SPEAKER - The Legislative Council has agreed to the amendment made by the House of Assembly in the Criminal Assets Confiscation Bill, without any amendment.

         Legislative Council, 5 December 1996                                             H P K Dunn, PRESIDENT

 


         Local Government (Miscellaneous Provisions) Amendment Bill             Message No 47

MR SPEAKER - The Legislative Council insists on its amendment in the Local Government (Miscellaneous Provisions) Amendment Bill to which the House of Assembly has disagreed. the Bill is returned herewith.

         Legislative Council, 5 December 1996                                             H P K Dunn, PRESIDENT

 

         Ordered - That the Message be taken into consideration forthwith.

 

In Committee

Resolved - That that disagreement to the amendment be insisted on.

____________

 

         The House having resumed:

Hon H Allison reported that the Committee had considered the Message referred to it and had resolved to insist on its disagreement to the amendment.

 

         Conference - Local Government (Miscellaneous Provisions) Amendment Bill

The Minister for Housing, Urban Development and Local Government Relations moved - That a Message be sent to the Legislative Council requesting that a Conference be granted to this House respecting a certain amendment of the Legislative Council in the Local Government (Miscellaneous Provisions) Amendment 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 Mrs Greig, Ms Hurley, Mrs Rosenberg, Ms White and the mover be the Managers of the Conference on the part of this House.

Question put and passed

 

42      Road Traffic (Inspection) Amendment Bill

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

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.

 

43      Messages from the Legislative Council

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

 

Local Government (Miscellaneous Provisions) Amendment Bill             Message No 48

MR SPEAKER - The Legislative Council has in reply to Message No 44 from the House of Assembly, agreed to grant a Conference on the Local Government (Miscellaneous Provisions) Amendment Bill, as requested by the House of Assembly. The Legislative Council has named the hour of 9.45 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, 5 December 1996                                             H P K Dunn, PRESIDENT

 

         Conference - Local Government (Miscellaneous Provisions) Amendment Bill

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

         Question put and passed.

 

The Deputy Premier moved - That the sitting of the House be continued during the Conference with the Legislative Council on the Local Government (Miscellaneous Provisions) Amendment Bill.

Question put and passed.

 

44      South Eastern Water Conservation and Drainage (Contributions) Amendment Bill

         Ordered - That the amendments of the Legislative Council be now taken into consideration.

 

In Committee

         Resolved - That the amendments 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.

 

45      Suspension and resumption of sitting

         At 10.21 pm the sitting of the House was suspended.

         At 11.05 pm the Speaker resumed the Chair.

 

46      Conference - Local Government (Miscellaneous Provisions) Amendment Bill

The Minister for Housing, Urban Development and Local Government Relations reported as follows:

I have to report that the Managers have been at the Conference on the Local Government (Miscellaneous Provisions) Amendment  Bill, which was managed on the part of the Legislative Council by the Minister for Transport (Hon D V Laidlaw), Hon M J Elliott, Hon P Holloway, Hon A J Redford, and Hon G Weatherill and we there delivered the Bill, together with the resolution adopted by this House and thereupon the Managers for the two Houses conferred together and it was agreed that we should recommend to our respective Houses that the Legislative Council amend its amendment by leaving out proposed new section (5) and inserting new subsection (5) as follows:

‘(5)  If the Minister, after taking into account the report of the Ombudsman under this section, believes that the council has unreasonably excluded members of the public from its meetings under section 62(2) or unreasonably prevented access to documents under section 64(6), the Minister may give directions to the council with respect to the future exercise of its powers under either or both of those sections, or to release information that should, in the opinion of the Minister, be available to the public.’

 

47      Message from the Legislative Council

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

 

Local Government (Miscellaneous Provisions) Amendment Bill                         Message No 49

MR SPEAKER - The Legislative Council, having considered the recommendations from the Conference on the Local Government (Miscellaneous Provisions) Amendment Bill, has agreed to the same. The Bill is returned herewith.

         Legislative Council, 5 December 1996                                             H P K Dunn, PRESIDENT

 

         Ordered - That the Message be taken into consideration forthwith.

 

In Committee

         Resolved - That the recommendations of the Conference be agreed to.

____________

 

         The House having resumed:

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

 

48      Adjournment

         House adjourned at 11.10 pm until Tuesday 4 February 1997 at 2.00 pm.

 

____________

 

 


MOTION OF WHICH NOTICE WAS GIVEN

 

 

               For Thursday 6 February 1997

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

 

Mr Evans to move - That he have leave to introduce a Bill for an Act to amend the Constitution Act 1934.

 

____________

 

 

         Present during the day - All Members.

 

 

 

 

 

                                                                                                            G M Gunn

                                                                                                            SPEAKER

 

G D Mitchell

CLERK OF THE HOUSE OF ASSEMBLY