No. 21

 

                    VOTES AND PROCEEDINGS

 

                           OF THE

 

                      HOUSE OF ASSEMBLY

 

                                ____________

 

 

                           THURSDAY 21 APRIL 1994

 

 

 1   Meeting of House

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

 

 2   Citizens Initiated Referenda, Referral to Legislative Review Committee - Motion re

     Mr Lewis, pursuant to notice, moved - That this House restores the reference of Citizens Initiated Referenda (C.I.R.) to the Legislative Review Committee agenda and seeks an interim report before 12 August 1994  outlining the steps taken by the Committee to collect evidence and summarizing the majority opinion of submissions about the proposal.

     Ordered, on motion of Mr Atkinson, that the debate be adjourned until Thursday 5 May.

 

 3   Postponement of business

     Ordered - separately - That Notices of Motion: Private Members Bills/Committees/Regulations Nos 2 to 8 be Notices of Motion for Thursday 5 May.

 

 4   Light Motor Vehicle Inspections, Referral to Environment, Resources and Development

        Committee - Motion re

     Mrs Kotz, pursuant to notice, moved - That the Environment, Resources and Development Committee investigate and report on the merits of introducing compulsory inspections in South Australia for all light motor vehicles at change of ownership, to check basic road worthiness and/or to verify vehicle identity.

     Debate ensued.

     Ordered, on motion of Hon. H. Allison, that the debate be adjourned until Thursday 5 May.

 

 5   Daylight Saving (Prescribed Period) Amendment Bill

     Hon. F.T. Blevins, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Daylight Saving Act 1971.

     Question put and passed.

 

     Bill presented and read a first time.

     Hon. F.T. Blevins moved - That this Bill be now read a second time.

     Ordered, on motion of Mr Meier, that the debate be adjourned until Thursday 5 May.

 

 6   Postponement of business

     Ordered - That Notices of Motion: Private Members Bills/Committees/Regulations Nos 11 and 12 be Notices of Motion for Thursday 5 May.

 

 7   The Standard Time (Eastern Standard Time) 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 Mr Bass, that the debate be further adjourned until Thursday 5 May.

 

 8   Discharge of business

     Order of the Day: Private Members Bills/Committees/Regulations No. 2 read.

     Ordered - That this Order of the Day be discharged.

 

  9  Discharge of business

     Order of the Day: Private Members Bills/Committees/Regulations No. 3 read.

     Ordered - That this Order of the Day be discharged.

 

10   Courts Administration (Directions by the Governor) 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 Mr Brindal, by leave, that the debate be further adjourned until Thursday 5 May.

 

11   Minister for Tourism's Marketing Plan - Motion re

     Mr Lewis, pursuant to notice, moved - That this House commends the Minister for Tourism for the very responsible and swift action he has taken to introduce a viable marketing plan to further develop and enhance the offerings of tourism products in South Australia and to improve the infrastructure and facilities necessary to cater for the anticipated increase in visitor numbers from interstate and overseas; and in particular, commends him for the assurance he has given the current Murraylands Region that it will be able to continue with its well focussed marketing plan to sell holidays interstate and overseas for people who seek to enjoy eco-tourism.

     Ordered, on motion of Mr DeLaine, that the debate be adjourned until Thursday 5 May.

 

12   South Australian Softball Association - Motion re

     Mr Becker, pursuant to notice, moved - That this House congratulates the South Australian Softball Association on the occasion and achievement of their Golden Jubilee year 1993-94.

     Ordered, on motion of Mr Condous, that the debate be adjourned until Thursday 5 May.

 

13   Breast Cancer Research Funding - Motion re

     Order of the Day read for the adjourned debate on the motion of  Mrs Kotz - That this House calls upon the Prime Minister and the Federal Health Minister to increase research funds to help combat breast cancer from $1.4m to $14m in the 1994-95 budget and to consider initiatives through the tax system to encourage donations for breast cancer research.

     Debate resumed.

     Ordered, on motion of Mr Atkinson, that the debate be further adjourned until Thursday 5 May.

 

14   Drivers Licence Photograph - Motion re

     Order of the Day read for the adjourned debate on the motion of Mr Lewis - That this House congratulates the Minister for Transport for her commitment to review the procedures which must be undertaken by people living in rural areas more than 20 kms from a Motor Registration Division photo point for the purpose of obtaining a photograph for their drivers licence and urges the Division to make the photo kit more readily available for use by accredited local photographers doing so, using very stringent subject identification criteria.

     Debate resumed.

     Question put and passed.

 

15   Firefighter Aircraft - Reference to the Environment, Resources and Development Committee - Motion re

     Order of the Day read for the adjourned debate on the motion of Mr Lewis - That this House requests the Environment, Resources and Development Committee to immediately examine the benefits to be derived by having access to the use of a Canadair CL 415 water-bombing firefighter amphibious aircraft or similar large capacity high performance aircraft and examine ways of financing and effectively sharing the costs associated with the purchase of such equipment; and report to the House before the end of October 1994.

     Debate resumed.

     Question put and passed.

 

16   Salisbury Campus University of South Australia - Motion re

     Order of the Day read for the adjourned debate on the motion of Hon. M.D. Rann - That this House opposes the policy of withdrawing courses from, and the eventual closure of, the University of South Australia's Salisbury Campus and calls on the University to maintain its legislative commitment to access and equity by maintaining Bachelor and higher Degree courses at the Campus:

        Which the Minister for Employment, Training and Further Education (Hon. R.B. Such) has moved to amend by leaving out "opposes the policy of withdrawing courses from, and the eventual closure of, the University of South Australia's Salisbury Campus and" and "at the Campus" and inserting after "University" the words "of South Australia" and after "courses" the words "in the Northern suburbs".

     Debate resumed.

     Question - That the amendment be agreed to - put.

     House divided (No. 1):

 

              Ayes, 24.

 

         Mr Andrew

         Hon. D.S. Baker

         Hon. S.J. Baker

         Mr Becker

         Mr Brindal

         Mr Brokenshire

         Mr Buckby

         Mr Caudell

         Mr Condous

         Mr Evans

         Ms Greig

         Ms Hall

         Mr Kerin

         Mrs Kotz

         Mr Leggett

         Mr Lewis

         Hon. W.A. Matthew

         Mr Meier

         Ms Penfold

         Mr Scalzi

         Mr Venning

         Mr Wade

         Hon. D.C. Wotton

         Hon. R.B. Such (Teller)

              Noes, 8.

 

         Hon. L.M.F. Arnold

         Mr Atkinson

         Hon. F.T. Blevins

         Mr De Laine

         Mr Foley

         Mr Quirke

         Ms Stevens

         Hon. M.D. Rann (Teller)

 

 

     So it was resolved in the affirmative.

     Question - That the motion, as amended, be agreed to - put and passed.

 

17   Postponement of business

     Ordered - That Order of the Day: Other Motions No. 5 be an Order of the Day for Thursday 5 May.

 

18   Bushfire Fighters - Motion re

     Order of the Day read for the adjourned debate on the motion of Mr Quirke - That this House congratulates those members of the CFS and MFS who recently fought bushfires in New South Wales and recognizes the contribution of all those other firefighters who remained in South Australia during this period minding the "fort".

     Debate resumed.


     Ordered, on motion of Mr Andrew, by leave, that the debate be further adjourned until Thursday 5 May.

 

19   Questions

     Questions without notice were asked.

     Ordered - That the period for asking questions without notice be extended by five minutes.

     Questions without notice resumed.

 

20   Grievance debate

     The Speaker moved - That the House notes grievances.

     Debate ensued.

     Question put and passed.

 

21   Suspension of Standing Orders

     The Deputy Premier (Hon. S.J. Baker), without notice, moved - That Standing Orders be so far suspended as to enable a motion for the rescission of the motion for limitation of debate adopted on Tuesday 19 April to be moved forthwith.

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

 

     Recission of vote

     The Deputy Premier moved - That the motion for limitation of debate adopted on Tuesday 19 April be rescinded.

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

 

22   Limitation of debate

     The Deputy Premier moved - That the time allotted for completion of the Industrial and Employee Relations Bill be until 6.00 p.m. today.

     Question put and passed.

 

23   Next day of sitting

     The Deputy Premier moved - That the House, at its rising, adjourn until Tuesday 3 May at 2.00 p.m.

     Question put and passed.

 

24   Messages from the Legislative Council

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

 

     Statutes Amendment (Constitution and Members Register of Interests) Bill  Message No. 29

     MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Constitution Act 1934 and the Members of Parliament (Register of Interests) Act 1983, to which it desires the concurrence of the House of Assembly.

     Legislative Council, 20 April 1994                H.P.K. Dunn, PRESIDENT

 

     Bill read a first time.

     Ordered - That consideration of the second reading be postponed and resumed on motion.

 

     Retirement Villages (Miscellaneous) Amendment Bill            Message No. 30

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

     Legislative Council, 20 April 1994                H.P.K. Dunn, PRESIDENT

 

25   Environment, Resources and Development Court (Native Title) Amendment Bill

     The Deputy Premier, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Environment, Resources and Development Court Act 1993.

     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 Atkinson, that the debate be adjourned until Tuesday 3 May.

 

26   Irrigation Bill

     The Minister for Infrastructure (Hon. J.W. Olsen), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to provide for the irrigation of land in government and private irrigation districts; to repeal the Irrigation on Private Property Act 1939; the Lower River Broughton Irrigation Trust Act 1938, the Kingsland Irrigation Company Act 1922, the Pyap Irrigation Trust Act 1923, and the Ramco Heights Irrigation Act 1963; to amend the Crown Lands Act 1929, the Crown Rates and Taxes Recovery Act 1945, the Irrigation Act 1930 and the Local Government Act 1934; and for other purposes.

     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 Foley, that the debate be adjourned until Tuesday 3 May.

 

27   Mining Act (Native Title) Amendment Bill

     The Minister for Primary Industries (Hon. D.S. Baker), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Mining Act 1971.

     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 Quirke, that the debate be adjourned until Tuesday 3 May.

 

28   Forestry (Abolition of Board) Amendment Bill

     The Minister for Primary Industries, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Forestry Act 1950.

     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 Clarke, that the debate be adjourned until Tuesday 3 May.

 

29   Police (Surrender of Property on Suspension) Amendment Bill

     The Minister for Correctional Services (Hon. W.A. Matthew), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Police Act 1952.

     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 Atkinson, that the debate be adjourned until Tuesday 3 May.

 

30   Statutes Amendment (Truth in Sentencing) Amendment Bill

     The Minister for Correctional Services, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Correctional Services Act 1982, the Criminal Law (Sentencing) Act 1988 and the Young Offenders Act 1993.

     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 Atkinson, that the debate be adjourned until Tuesday 3 May.

 

31   Criminal Law Consolidation (Sexual Intercourse) Amendment Bill

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

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

     Ordered, on motion of Mr Atkinson, that the debate be adjourned until Tuesday 3 May.

 

32   Statutes Amendment (Constitution and Members Register of Interests) Bill

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

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

     Ordered, on motion of Mr Atkinson, that the debate be adjourned until Tuesday 3 May.

 

33   Passenger Transport Bill

     Order of the Day read for the further consideration in Committee of the Bill.

 

                                In Committee

                        Clause No. 2 further considered and agreed to.

                        Clause No. 3 agreed to.

                        Clause No. 4 amended and agreed to.

                        Clauses Nos 5 and 6 agreed to.

                        Clauses Nos 7 and 8 amended and agreed to.

                        Clauses Nos 9 and 10 agreed to.

                        Clause No. 11 amended and agreed to.

                        Clause No. 12 agreed to.

                        Clause No. 13 left out.

                        Clause No.14 agreed to.

                        Clause No. 15 amended and agreed to.

                        Clauses Nos  16 to 18 agreed to.

                        Clause No. 19 amended and agreed to.

                        Clause No. 20 agreed to.

                        Clause No. 21 left out.

                        Clause No. 22 amended and agreed to.

                        Clauses Nos 23 and 24 agreed to.

                        Clause No. 25 amended and agreed to.

                        Clauses Nos 26 to 38 agreed to.

                        Clauses Nos 39 and 40 amended and agreed to.

                        Clauses Nos 41 to 46 agreed to.

                        Clause No. 47 amended and agreed to.

                        Clauses Nos 48 to 64 agreed to.

                        Clause No. 65 left out.

                        Schedule 1 agreed to.

                        Schedules 2 agreed to.

                        Schedule 3 left out.

                        Schedule 4 amended and 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 amendments.

 

     The Minister moved - That this Bill be read a third time.

     Debate ensued.

     Question put and passed.

    


34   Message from the Legislative Council

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

 

     State Bank (Corporatisation) Bill                       Message No. 31

     MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to provide for the transfer of part of the undertaking of the State Bank of South Australia to a company formed to carry on the business of banking under the law of the Commonwealth; to make consequential amendments to the State Bank of South Australia Act 1983; to make consequential amendments to the Commercial and Private Agents Act 1986, the Government Financing Authority Act 1982, the Industrial Relations Act (S.A.) 1972, the Land Agents, Brokers and Valuers Act 1973, the Legal Practitioners Act 1981, the Local Government Act 1934, the Oaths Act 1936, the Public Finance and Audit Act 1987, the State Supply Act 1985 and the Trustee Act 1936 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, 21 April 1994                H.P.K. Dunn, PRESIDENT

 

Schedule of the amendments made by the Legislative Council

     No. 1 Page 11, lines 3 to 13 (clause 19) - Leave out the clause and insert new clause as follows:-

           19. 'Transfer of staff. (1) The Treasurer may, by order in writing, transfer an employee of SBSA or an SBSA subsidiary to a position or another position in the employment of BSAL or SBSA.

           (2)  An order under this section must be made before, or within the period of six months beginning on, the appointed day (but this period may be reduced by proclamation under this section).

           (3)  If an order is made under this section on or before the appointed day, it takes effect (subject to any contrary provision in the order) on the appointed day.

           (4)  An order under this section may be varied or revoked by the Treasurer by further order in writing made before the order takes effect.

           (5)  A transfer under this section does not -

               (a)  affect the employee’s remuneration; or

               (b)  interrupt continuity of service; or

               (c)  constitute a retrenchment or redundancy.

           (6)  A transfer under this section must not involve -

               (a)  any reduction in the employee’s status; or

               (b)  any change in the employee’s duties that would be unreasonable having regard to the employee’s skills, ability and experience; or

               (c)  any change in the employee’s place of employment unless the new place of employment is within reasonable commuting distance from the employee’s former place of employment.

           (7)  For the purposes of subsection (6), responsibility for the same or similar business operations that are smaller in scope as a result of a reduction of the business operations, or responsibility for a lesser number of staff, does not of itself, constitute a reduction in status.

           (8)  A person who is transferred from one body  corporate to another under this section is taken to have accrued as an employee of the body to which the person is transferred an entitlement to annual leave, sick leave and long service leave that is equivalent to the entitlements that the person had accrued, immediately before the transfer took effect, as an employee of the body from which he or she was transferred.

           (9)  A transfer under this section does not give rise to a right to any remedy or entitlement arising from cessation or change of employment.


           (10) For the purposes of construing a contract applicable to a transferred employee, a reference to the body from which the person is transferred is to be construed as a reference to the body to which the person is transferred.

           (11) The Treasurer may, by order in writing, re-transfer employees from the employment of BSAL to SBSA or any SBSA subsidiary.

           (12) An order under subsection (11) must be made within the period referred to in subsection (2).

           (13) The provisions of this Act relating to transferred employees (including the provisions relating to superannuation) apply in a reciprocal way in relation to employees re-transferred under subsection (11) with such modifications and exclusions as are necessary in the context and such further modifications and exclusions as are prescribed by regulation.

           (14) The Governor may, by proclamation, reduce the period within which an order under this section must be made.

           (15) In this section “employee” includes officer.’

     No. 2.     After page 17 - Insert new schedule as follows:-

SCHEDULE 1A

Superannuation

 

           1. Definitions.  In this schedule—

           "age of retirement" has the same meaning in relation to a State Scheme contributor as in the Superannuation Act 1988;

           "BFC Fund" means the Beneficial Finance Corporation Limited Staff Superannuation Fund No. 2 constituted by the trust deed dated 30 July 1971 made between Beneficial Finance Corporation Limited and the then trustee of the Fund, as amended from time to time and in particular by the trust deed dated 29 May 1989 made by Beneficial Finance Corporation Limited;

           "BSAL Fund" means the SBSA Fund as renamed by this schedule the "Bank of South Australia Superannuation Fund";

           "complying superannuation fund" means a complying superannuation fund within the meaning of Part IX of the Income Tax Assessment Act 1936 of the Commonwealth, as amended from time to time, other than the Fund under the Superannuation Act 1988;

           "date of retrenchment", in relation to an employee, means the date on which the employee's employment ceases on account of retrenchment;

           "employee" includes officer;

           "fixed establishment officer" has the same meaning as in the Second Schedule of the State Bank of South Australia Act 1983;

           "interim period" means the period beginning on the appointed day and ending on 30 June 1999;

           "packaged officer" means an officer of SBSA or BSAL (as the case may be) who has agreed as part of the terms and conditions of his or her employment to be remunerated by reference to a total remuneration package reflecting the cost to the employer of cash salary, nominated benefits and associated fringe benefits tax;

           "SAAMC Fund" means the BFC Fund as renamed by this schedule the "South Australian Asset Management Corporation Superannuation Fund";

           "salary" of a contributor or employee means—

           (a)  in the case of a State Scheme contributor (except a contributor whose accrued superannuation benefits are preserved)—the contributor's salary for the purpose of calculating contributions under the Superannuation Act 1988 (expressed as an annual amount); or

           (b)  in any other case—the employee's salary for the purposes of the trust deed governing the BSAL Fund or the SAAMC Fund, whichever of those Funds is the Fund of which the employee is a member (expressed as an annual amount);

           "SBSA Fund" means the State Bank Superannuation Fund constituted by the trust deed dated 15 December 1987 made by SBSA;

           "State Scheme" means the Scheme within the meaning of the Superannuation Act 1988;

           "State Scheme contributor" means a contributor within the meaning of the Superannuation Act 1988;

           "Superannuation Board" means the South Australian Superannuation Board;

           "transferred" means transferred under Part 5 or a corresponding law.

           2. Bank of South Australia Superannuation Fund.  (1) On and from the appointed day—

           (a)  the SBSA Fund is to have the name "Bank of South Australia Superannuation Fund" subject to any further change of name made by amendment of the trust deed governing the Fund; and

           (b)  BSAL replaces SBSA as the Employer for the purposes  of the governing rules of the BSAL Fund and will perform all the obligations that would have fallen due for performance by SBSA under the governing rules on or after the appointed day; and

           (c)  a reference in the governing rules to SBSA is taken as a reference to BSAL.

           (2)  Nothing done by or under this Act constitutes an event bringing about the operation of clause 15 of the governing rules of the BSAL Fund.

           3. South Australian Asset Management Corporation Superannuation Fund. (1) On and from the appointed day—

           (a)  the BFC Fund is to have the name "South Australian Asset Management Corporation Superannuation Fund" subject to any further change of name made by amendment of the trust deed governing the Fund; and

           (b)  BSAL is taken to be an Associated Employer within the meaning of the trust deed governing the SAAMC Fund and the provisions of the trust deed apply as if BSAL had been duly admitted as an Associated Employer under clause 8.01 of the trust deed.

           4. BSAL Fund members not transferred to BSAL. (1) On the appointed day, an employee who—

           (a)  is a member of the BSAL Fund; and

           (b)  is not transferred to a position in the employment of BSAL,

           is taken to have become a member of the SAAMC Fund if not already a member of that Fund.

           (2)  As soon as practicable after the appointed day, the trustee of the BSAL Fund must transfer the interest of the employee referred to in subclause (1) in the BSAL Fund (as determined by the trustee) to the SAAMC Fund for the benefit of the employee.

           (3)  On the transfer of the interest under subclause (2)—

               (a)  the trustee of the BSAL Fund is discharged from its obligations as trustee of the BSAL Fund in respect of the employee concerned; and

               (b)  the employee ceases to have any entitlement to a benefit from the BSAL Fund.

           5. SAAMC Fund members transferred to BSAL.  (1) An employee who—

           (a)  is a member of the SAAMC Fund; and

           (b)  is transferred to a position in the employment of BSAL,

           is, on a day fixed by the Treasurer by order in writing, taken to have become a member of the BSAL Fund if not already a member of that Fund.

           (2)  As soon as practicable after the day referred to in subclause (1), the trustee of the SAAMC Fund must transfer the value of the employee's accrued benefit in the SAAMC Fund (as determined by the trustee), together with such additional amount as may be determined by SBSA, to the BSAL Fund for the benefit of the employee.

           (3)  On the transfer of the amount or amounts under subclause (2)—

               (a)  the trustee of the SAAMC Fund is discharged from its obligations as trustee of the SAAMC Fund in respect of the employee concerned; and

               (b)  the employee ceases to have any entitlement to a benefit from the SAAMC Fund.

           6. Fixed establishment officers. (1) As soon as practicable after the appointed day, SBSA must transfer the accrued entitlement under clause 10 of the Second Schedule of the State Bank of South Australia Act 1983 of an employee who—

           (a)  is a fixed establishment officer; and

           (b)  has not been transferred to a position in the employment of BSAL,

           to the SAAMC Fund for the benefit of the employee.


           (2)  As soon as practicable after the transfer of an employee who is a fixed establishment officer to a position in the employment of BSAL, SBSA must transfer the accrued entitlement of the employee under clause 10 of the Second Schedule of the State Bank of South Australia Act 1983 to the BSAL Fund for the benefit of the employee.

           (3) On the transfer of the entitlement under subclause (1) or (2)—

               (a)  SBSA is discharged from its obligations under clause 10 of the Second Schedule of the State Bank of South Australia Act 1983 in respect of the employee concerned; and

               (b)  the employee ceases to have any further entitlement under clause 10 of that Schedule.

           7. Superannuation Act and State Scheme contributors. (1) An employee of BSAL who, immediately before  becoming an employee of BSAL, was a State Scheme contributor, may continue as a State Scheme contributor during the interim period.

           (2)  The Treasurer must, by order in writing, specify arrangements under which the employees of BSAL may continue as State Scheme contributors during the interim period and the Treasurer may, at any time, with the agreement of BSAL, vary the order by further order in writing.

           (3)  An order under subclause (2) is taken to be an arrangement between the Superannuation Board and BSAL under section 5(1) of the Superannuation Act 1988 and, as such, may modify the provisions of that Act as authorised by section 5(1a) of that Act.

           (4)  The following provisions apply in relation to any arrangement under section 5(1) of the Superannuation Act 1988 between the Superannuation Board and SBSA or BSAL (including an order under subclause (2)):

               (a)  no such arrangement may have an effect that is inconsistent with the provisions of this schedule;

               (b)  no variation of such an arrangement may have an effect that is inconsistent with the provisions of this schedule;

               (c)  despite section 5(3) of the Superannuation Act 1988, no declaration may be made under that provision that benefits will cease accruing to State Scheme contributors in respect of employment with SBSA or BSAL.

           (5)  At any time during the interim period, an employee of SBSA or BSAL who is a State Scheme contributor may elect, by notice in writing to the Superannuation Board, that benefits under the Superannuation Act 1988 cease accruing in respect of the State Scheme contributor and that either—

               (a)  his or her accrued superannuation benefits under the Superannuation Act 1988 will be preserved; or

               (b)  his or her accrued superannuation benefits under the Superannuation Act 1988 will be carried over to a complying superannuation fund nominated by him or her.

           (6)  On the making of an election under subclause (5)(a), the State Scheme contributor—

               (a)  is taken, for the purposes of the Superannuation Act 1988 (but for no other purpose), to have resigned from his or her employment and to have elected under section 28 or 39 of that Act (whichever may apply to the contributor) to preserve his or her accrued benefits; and

               (b)  if not already a member of the SAAMC Fund or BSAL Fund, is taken to have become—

                    (i)                                in the case of an employee of SBSA—a member of the SAAMC Fund; or

                    (ii)                               in the case of an employee of BSAL—a member of the BSAL Fund.

           (7)  On the making of an election under subclause (5)(b), a payment must be made as if it were a benefit under the Superannuation Act 1988 on behalf of the State Scheme contributor to a complying superannuation fund nominated by the contributor of an amount calculated in accordance with clause 8.

           (8)  On a payment being made under subclause (7), the State Scheme contributor—

               (a)  ceases to be a State Scheme contributor; and


               (b)  if not already a member of the SAAMC Fund or BSAL Fund, is taken to have become—

                    (i)                                in the case of an employee of SBSA—a member of the SAAMC Fund; or

                    (ii)                               in the case of an employee of BSAL—a member of the BSAL Fund; and

               (c)  ceases to have any further entitlement under the Superannuation Act 1988.

           (9)  Subject to subclause (10), at the end of the interim period, an employee referred to in subclause (5) who has not made an election under that subclause—

               (a)  ceases to accrue benefits under the Superannuation Act 1988; and

               (b)  is taken, for the purposes of the Superannuation Act 1988 (but for no other purpose), to have resigned from his or her employment and to have elected under section 28 or 39 of the Superannuation Act 1988 (whichever may apply to the contributor) to preserve his or her accrued benefits; and

               (c)  if not already a member of the SAAMC Fund or BSAL Fund, is taken to have become—

                     (i)                               in the case of an employee of SBSA—a member of SAAMC Fund; or

                    (ii)                               in the case of an employee of BSAL—a member of the BSAL Fund.

           (10) Where at the end of the interim period an employee referred to in subclause (5) who has not made an election under that subclause is receiving a disability pension under section 30 or 36 of the Superannuation Act 1988, subclause (9) only applies to that employee on the day after the disability pension ceases, but does not apply at all where the disability pension ceases on or immediately before the termination of the employee's employment on the ground of invalidity.

           8. Amount of payment on behalf of State Scheme contributor to complying superannuation fund. (1) The amount of the payment to be made on behalf of a State Scheme contributor under clause 7(7) as a  result of an election under clause 7(5)(b) is to be calculated in accordance with this clause.

           (2)  Where the State Scheme contributor is a new scheme contributor under the Superannuation Act 1988, the amount is equal to the greater of the following:

               (a)  the amount of the payment that would have been made had the contributor resigned at the date of his or her election under clause 7(5)(b) and had section 28(5) of the Superannuation Act 1988 applied;

               (b)  the amount calculated as the sum of—

                    (i)                                an employee component equivalent to the amount standing to the credit of the contributor's contribution account; and

                    (ii)                               the employer component calculated as follows:

           ERN = (K x EC x DF)+ PSESS

           Where-

           ERN  is the employer component

           K is-

           (a)  where the election under clause 7(5)(b) is made on or before 31 December 1994—1.2;

           (b)  in any other case—1.0

           EC   is the employer component that would have been calculated in terms of section 28(4) of the Superannuation Act 1988

                (a) had the contributor—

                    (i)                                resigned at the date of his or her election under clause 7(5)(b); and

                    (ii)                               elected to preserve his or her superannuation benefits under section 28 of the Superannuation Act 1988; and

                (b) had a superannuation payment been made in accordance with section 28(2)(a) of the Superannuation Act 1988 at the date of the contributor's election under clause 7(5)(b) as if he or she had reached the age of 60 years at that date

           DF   is the amount of 1 discounted at the rate of 3 per cent per annum for the number of years (including any fraction of a year measured in days) in the period from—

                (a) the date of the election under clause 7(5)(b);

                to

                (b) the date of the employee's sixtieth birthday

           PSESS is the amount standing to the credit of the contributor's account under  section 32a(6) of the Superannuation Act 1988.

           (3)  Where the State Scheme contributor is an old scheme contributor under the Superannuation Act 1988, the amount is equal to the greater of the following:

                (a) the amount calculated as follows:

                    TV = K x CF x 26.1 x P x DF

                    Where—

                    TV is the amount

                    K  is—

                       (a)                             where the election under clause 7(5)(b) is made on or before 31 December 1994—1.2;

                       (b)                             in any other case—1.0

                    CF is—

                       (a)                             where the contributor's age of retirement is 60 years—10.5;

                       (b)                             where the contributor's age of retirement is 55 years—11.5

                    P  is the amount of the pension (expressed as an amount per fortnight) that would have been payable—

                       (a)                             had the contributor-

                           (i)                         resigned at the date of his or her election under clause 7(5)(b); and

                          (ii)                         elected to preserve his or her accrued superannuation benefits under section 39(5) of the Superannuation Act 1988 assuming for this purpose (and for no other purpose) that the contribution period is more than 120 months; and

                       (b)   had a retirement pension commenced being paid in accordance with section 39(5)(a) of the Superannuation Act 1988 from the date of the contributor's election under clause 7(5)(b) as if he or she had reached his or her age of retirement at that date.

                    DF is the amount of 1 discounted at the rate of 3 per cent per annum for the number of years (including any fraction of a year measured in days) in the period from—

                       (a)   the date of the election under clause 7(5)(b);

                       to

                       (b)   the date on which the employee would reach his or her age of retirement;

                (b) the amount that would have been calculated in accordance with section 39(3) and (4) of the Superannuation Act 1988

                    (i)   had the contributor—

                       (A)   resigned at the date of his or her election under clause 7(5)(b); and

                       (B)   elected to preserve his or her accrued superannuation benefits under section 39(2) of the Superannuation Act 1988 assuming for this purpose (and for no other purpose) that the contribution period is less than 120 months; and

                    (ii)  had a superannuation payment been made in accordance with section 39(2)(a) of the Superannuation Act 1988 at the date of his or her election under clause 7(5)(b) as if he or she had reached the age of 60 years at that date.

           9. Supplementary contribution where State Scheme contributor elects prior to 31 December 1994. (1) Where a State Scheme contributor who is not a packaged officer makes an election under clause 7(5)(b) on or before 31 December 1994—

           (a)  in the case of an employee of SBSA—he or she is entitled to receive an additional credit in the SAAMC Fund equal to the amount of the supplementary contribution determined in accordance with subclause (2); or

           (b)  in the case of an employee of BSAL—BSAL must make a supplementary contribution to the BSAL Fund for his or her benefit of an amount determined in accordance with subclause (2).

           (2)  The amount of the supplementary contribution will be equal to 20 per cent of the contributor's salary as at the date of the election under clause 7(5)(b).

           10. Retrenchment benefits for State Scheme contributors. (1) This clause applies to an employee of SBSA or BSAL—

           (a)  who, at any time after the commencement of this Act, is or was a State Scheme contributor; and

           (b)  whose employment is terminated by retrenchment on or before 30 June 1999.

           (2)  Neither section 29 nor 35 of the Superannuation Act 1988 applies to an employee to whom this clause applies.

           (3)  Where an employee to whom this clause applies—

               (a)  has not made an election under clause 7(5); and

               (b)  is a new scheme contributor under the Superannuation Act 1988,

               the employee may elect, by notice in writing to the Superannuation Board—

               (c)  to preserve his or her accrued superannuation benefits under the State Scheme in accordance with  section 28 of the Superannuation Act 1988 as if he or she had resigned from employment; or

               (d)  to receive—

                    (i)   a lump sum as if it were a benefit under the Superannuation Act 1988 equal to the amount calculated in accordance with clause 8 that would have been payable in respect of the employee had the employee made an election under clause 7(5)(b) at the date of retrenchment; and

                    (ii)  where the date of the retrenchment is on or before 31 December 1994, a supplementary payment—

                       (A)   in the case of an employee of SBSA—from SBSA; or

                       (B)   in the case of an employee of BSAL—from BSAL,

                    equal to the amount that would have been payable in accordance with clause 9 had the employee made an election under clause 7(5)(b) at the date of retrenchment.

           (4)  An employee referred to in subclause (3) who fails to make an election under that subclause (3) within three months after the date of retrenchment is taken to have made an election under subclause (3)(c).

           (5)  Where an employee to whom this clause applies—

               (a)  has not made an election under clause 7(5); and

               (b)  is an old scheme contributor under the Superannuation Act 1988; and

               (c)  has not reached the age of 45 years at the date of retrenchment,

                    the employee may elect, by notice in writing to the Superannuation Board—

               (d)  to preserve his or her accrued superannuation benefits under the State Scheme in accordance with section 39 of the Superannuation Act 1988 as if he or she had resigned from employment; or

               (e)  to receive—

                    (i)   a lump sum as if it were a benefit under the Superannuation Act 1988 equal to the amount calculated in accordance with clause 8 that would have been payable in respect of the employee had the employee made an election under clause 7(5)(b) at the date of retrenchment; and

                    (ii)  where the date of the retrenchment is on or before 31 December 1994, a supplementary payment—

                       (A)   in the case of an employee of SBSA—from SBSA; or

                       (B)   in the case of an employee of BSAL—from BSAL,

                    equal to the amount that would have been payable in accordance with clause 9 had the employee made an election under clause 7(5)(b) at the date of retrenchment.

           (6)  An employee referred to in subclause (5) who fails to make an election under that subclause within three months after the date of retrenchment is taken to have  made an election under subclause (5)(d).

           (7)  Where an employee to whom this clause applies—

               (a)  has not made an election under clause 7(5); and

               (b)  is an old scheme contributor under the Superannuation Act 1988; and

               (c)  has reached the age of 45 years at the date of retrenchment but not the age of retirement,

               the employee may elect, by notice in writing to the Superannuation Board—

               (d)  to receive a retrenchment pension in accordance with clause 11; or

               (e)  to—

                    (i)   preserve his or her accrued superannuation benefits under the State Scheme in accordance with section 39 of the Superannuation Act 1988 as if he or she had resigned from employment (whether or not he or she is under 55 years of age); and

                    (ii)  receive an additional retrenchment lump sum in accordance with clause 12—

                       (A)   in the case of an employee of SBSA—from SBSA; or

                       (B)   in the case of an employee of BSAL—from BSAL; or

                 (f)   to receive—

                    (i)   a lump sum as if it were a benefit under the Superannuation Act 1988 equal to the amount calculated in accordance with clause 8 that would have been payable on behalf of the employee had the employee made an election under clause 7(5)(b) at the date of retrenchment; and

                    (ii)  where the date of the retrenchment is on or before 31 December 1994, a supplementary payment—

                       (A)   in the case of an employee of SBSA—from SBSA; or

                       (B)   in the case of an employee of BSAL—from BSAL,

                          equal to the amount that would have been payable in accordance with clause 9 had the employee made an election under clause 7(5)(b) at the date of retrenchment; and

                    (iii) an additional retrenchment lump sum in accordance with clause 12—

                       (A)   in the case of an employee of SBSA—from SBSA; or

                       (B)   in the case of an employee of BSAL—from BSAL.

           (8)  An employee referred to in subclause (7) who fails to make an election under that subclause within three months after the date of retrenchment is taken to have made an election under subclause (7)(e).

           (9)  Where an employee to whom this clause applies—

               (a)  has made an election under clause 7(5)(a); and

               (b)  is an old scheme contributor under the Superannuation Act 1988; and

               (c)  has reached the age of 45 years at the date of retrenchment but not the age of retirement,

               the employee may elect, by notice in writing to the Superannuation Board—

               (d)  to forego his or her preserved benefits under the State Scheme and, in their place, to receive a retrenchment pension in accordance with clause 11; or

               (e)  to—

                    (i)   retain his or her preserved superannuation benefits under the State Scheme; and

                    (ii)  receive an additional retrenchment lump sum in accordance with clause 12—

                       (A)   in the case of an employee of SBSA—from SBSA; or

                       (B)   in the case of an employee of BSAL—from BSAL.

           (10) An employee referred to in subclause (9) who fails to make an election under that subclause within three months after the date of retrenchment is taken to have made an election under subclause (9)(e).

           (11) Where an employee to whom this clause applies—

               (a)  has made an election under clause 7(5)(b); and

               (b)  was prior to making that election an old scheme contributor under the Superannuation Act 1988; and

               (c)  has reached the age of 45 years at the date of retrenchment but not the age of retirement,

               the employee is entitled to receive an additional retrenchment lump sum in accordance with clause 12—

               (d)  in the case of an employee of SBSA—from SBSA; or

               (e)  in the case of an employee of BSAL—from BSAL.

           11. Retrenchment pension for old scheme State Scheme contributors. (1) This clause applies where a retrenchment pension is payable as a result of an election by a State Scheme contributor under clause 10(7)(d) or 10(9)(d).

           (2)  A retrenchment pension commences on a date determined by taking the date of retrenchment and adding to that date—

               (a)  the number of days in the period of any entitlement to recreation leave in lieu of which a lump sum is paid on retrenchment to the contributor; and

               (b)  the number of days in the period of notice in lieu of which a lump sum is paid on retrenchment to the contributor; and

               (c)  the number of days in the period in respect of which a lump sum is paid to the contributor under a redeployment or redundancy agreement.

           (3)  Where, before the retrenchment pension commences, the contributor—

               (a)  dies; or

               (b)  satisfies the Superannuation Board that he or she has become totally and permanently incapacitated for  work,

               the benefits payable will be the benefits that would have been payable had the retrenchment pension commenced immediately before the contributor died or became totally and permanently incapacitated for work.

           (4)  Where a retrenchment pension is payable as a result of an election under clause 10(7)(d), the amount of the retrenchment pension is the same as the amount of the pension that would have been payable—

               (a)  had the contributor—

                    (i)   resigned at the date determined by taking the date of retrenchment and adding to that date the number of days in the period of any entitlement to recreation leave in lieu of which a lump sum is paid on retrenchment to the contributor; and

                    (ii)  elected to preserve his or her accrued superannuation benefits under section 39(5) of the Superannuation Act 1988 assuming for this purpose (and for no other purpose) that the contribution period is more than 120 months; and

               (b)  had a retirement pension commenced being paid in accordance with section 39(5)(a) of the Superannuation Act 1988 from the date on which the retrenchment pension first became payable as if the contributor had reached his or her age of retirement at that date.

           (5)  Where a retrenchment pension is payable as a result of an election under clause 10(9)(d), the amount of the retrenchment pension is the same as the amount of the pension that would have been payable—

               (a)  had the preserved benefits under the State Scheme in accordance with clause 7(6) not been foregone as part of the election under clause 10(9)(d); and

               (b)  had those preserved benefits been provided under section 39(5) of the Superannuation Act 1988 assuming for this purpose (and for no other purpose) that the contribution period of the contributor is more than 120 months; and

               (c)  had a retirement pension commenced being paid in accordance with section 39(5)(a) of the Superannuation Act 1988 from the date on which the retrenchment pension first became payable as if the contributor had reached his or her age of retirement at that date.

           (6)  A retrenchment pension will be indexed.

           (7)  The Superannuation Act 1988, apart from section 35, applies to a retrenchment pension as if it were payable under section 35 of that Act.

           12. Additional retrenchment lump sum for old scheme State Scheme contributors. (1) This clause applies where—

           (a)  an additional retrenchment lump sum is payable as a result of an election by an employee under clause 10(7)(e), 10(7)(f) or 10(9)(e); or

           (b)  an additional retrenchment lump sum is payable under  clause 10(11).

           (2)  The additional retrenchment lump sum is calculated as follows:

               ALS = 0.2 x n x FS

               Where—

               ALS  is the additional retrenchment lump sum

               n    is the number of years (including any fraction of a year measured in days) in the period from—

                    (a)   the date determined by taking the date of retrenchment and adding to that date—

                       (i)   the number of days in the period of notice in lieu of which a lump sum is paid on retrenchment to the employee; and

                       (ii)  the number of days in the period in respect of which a lump sum is paid to the employee under a redeployment or redundancy agreement;

                    to

                    (b)   the date the employee would reach his or her age of retirement

               FS   is the employee's salary as at the date of retrenchment.

           13. Extra lump sum payable on retrenchment of State Scheme contributors before 30 June 1997.   (1) This clause applies to an employee of SBSA or BSAL—

           (a)  who, at any time after the commencement of this Act, is or was a State Scheme contributor; and

           (b)  whose employment is terminated by retrenchment on or before 30 June 1997.(2)An employee to whom this clause applies is entitled to receive an extra retrenchment lump sum—

               (a)  in the case of an employee of SBSA—from SBSA; or

               (b)  in the case of an employee of BSAL—from BSAL,

               calculated as follows:

               ELS = K x FSM

               Where—

               ELS  is the extra retrenchment lump sum

               K is—

               (a)  where the date of retrenchment is on or before 30 June 1995—0.2;

               (b)  where the date of retrenchment is after 30 June 1995 but on or before 30 June 1996—0.15;

               (c)  where the date of retrenchment is after the 30 June  1996 but on or before 30 June 1997—0.1.

               FSM  is the employee's salary as at the date of retrenchment, subject to a maximum of $75 000.

           14. Non-entitlement to receive immediate benefit.  Neither—

           (a)  a transfer or re-transfer under Part 5 or a corresponding law; nor

           (b)  anything done under clauses 1 to 9 (inclusive) of this schedule,

               gives rise to an entitlement on the part of an employee to receive an immediate payment of a benefit under the BSAL Fund, the SAAMC Fund or the State Scheme or to receive payment of an entitlement under clause 10 of the Second Schedule of the State Bank of South Australia Act 1983.’

     No. 3.     Page 18, clause 6 (Schedule 2) - After line 35 insert the following:-

           “(2)  Despite the change of name, the Bank may, with the approval of the Treasurer, carry on business under the name “State Bank of South Australia” on such terms and conditions as the Treasurer specifies.”

     No. 4.     Page 19, line 29, clause 12 (Schedule 2) - Leave out “subsection” and insert “subsections”.

     No. 5.     Page 19, clause 12 (Schedule 2) - After line 33 insert the following:-

           “(1a)  For the purpose of performing its functions, the Bank may carry on the general business of banking.”

     No. 6.     Page 20, line 20, clause 14 (Schedule 2) - Leave out “determination or requirement under this section” and insert “requirement under subsection (3)”.

                                J.M. Davis, CLERK OF THE LEGISLATIVE COUNCIL

     Ordered - That the Message be taken into consideration forthwith.

 

                                In Committee

     Resolved - That the amendments be agreed to.

 

                                ____________

 

     The House having resumed:

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

 

35   Industrial and Employee Relations Bill

     Order of the Day read for the further consideration in Committee of this Bill.

 

                                In Committee

                        Clause No. 109 further considered and agreed to.

                        Clauses Nos 110 to 232 agreed to.

                        Schedule 1 amended and agreed to.

                        Schedules 2 to 9 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 amendments.

     The Minister moved - That this Bill be read a third time.

     Debate ensued.

     Question put.


     House divided (No. 2):

 

              Ayes, 28.

 

         Hon. H. Allison

         Mr Andrew

         Hon. M.H. Armitage

         Mr Ashenden

         Hon. D.S. Baker

         Hon. S.J. Baker

         Mr Bass

         Mr Becker

         Mr Brindal

         Mr Buckby

         Mr Condous

         Mr Cummins

         Mr Evans

         Ms Greig

         Mr Kerin

         Mr Leggett

         Hon. W.A. Matthew

         Mr Meier

         Hon. J.W. Olsen

         Hon. J.K.G. Oswald

         Ms Penfold

         Ms Rosenberg

         Mr Scalzi

         Hon. R.B. Such

         Mr Venning

         Mr Wade

         Hon. D.C. Wotton

         Hon. G.A. Ingerson (Teller)

              Noes, 10.

 

         Hon. L.M.F. Arnold

         Mr Atkinson

         Hon. F.T. Blevins

         Mr DeLaine

         Mr Foley

         Ms Hurley

         Mr Quirke

         Hon. M.D. Rann

         Ms Stevens

         Mr Clarke (Teller)

 

 

     So it was resolved in the affirmative.

 

36   Extension of sitting

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

     Question put and passed.

 

37   Delivery of Messages

     Ordered - That the Clerk be empowered to deliver Messages to the Legislative Council today, when this House is not sitting.

 

38   Adjournment

     House adjourned at 6.03 p.m. until Tuesday 3 May  at 2.00 p.m.

 

                                ____________

 

 

                       MOTIONS WHICH NOTICE WAS GIVEN

 

 

     For Tuesday 5 May 1994

        Notices of Motion: Government Business-

 

     The Minister for Primary Industries to move - That he have leave to introduce a Bill for an Act to repeal the Canned Fruits Marketing Act 1980, the Farmers Assistance Act 1933, the Primary Producers Assistance Act 1943 and the Primary Producers' Debts Act 1935.

 


     The Minister for the Environment and Natural Resources to move - That a Joint Committee be appointed -

     (a)     to inquire into the future development and conservation of South Australia's living resources;

     (b)     to recommend broad strategic directions and policies for the conservation and development of South Australia's living resources from now and into the 21st century;

     (c)     to recommend how its report could be incorporated into a State Conservation Strategy;

     (d)     to give opportunity for the taking of evidence from a wide range of interests including industry, commerce and conservation representatives as well as Government departments and statutory authorities in the formulation of its report; and

     (e)     to report to Parliament with its findings and recommendations by December 1994,

     and in the event of the Joint Committee being appointed, the House of Assembly be represented thereon by three Members, of whom two shall form a quorum of the Assembly Members necessary to be present at all sittings of the Committee; and that a Message be sent to the Legislative Council transmitting the foregoing resolution and requesting its concurrence thereto.

 

                                ____________

 

 

     Present during the day - All the Members.

 

 

 

 

 

 

 

 

                                                            G.M. Gunn

                                                            SPEAKER

 

G.D. Mitchell

CLERK