No 21

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

THURSDAY 30 NOVEMBER 1995

 

 

1    Meeting of House

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

 

2    Conferences - Criminal Law Consolidation (Appeals) Amendment Bill and Local Government            (Boundary Reform) Amendment Bill

The Deputy Premier moved - That the sitting of the House be continued during the Conferences with the Legislative Council on the Criminal Law Consolidation (Appeals) Amendment Bill and the Local Government (Boundary Reform) Amendment Bill.

Question put and passed.

 

3    Postponement of business

Ordered - That Notices of Motions: Private Members Bills/Committees/Regulations Nos 1 to 5 be  Notices of Motion for Thursday 8 February 1996.

 

4    Social Development Committee - Report - Rural Poverty in South Australia- Motion to note

Mr Leggett, pursuant to notice, moved - That the Eighth Report of the Social Development Committee on Rural Poverty in South Australia, be noted.

Debate ensued.

     Ordered, on motion of Hon F T Blevins, that the debate be adjourned until Thursday 8 February    1996.

 

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

Mrs Greig moved - That the time for bringing up the Report of the Select Committee on Organs for Transplantation be extended until Thursday 28 March 1996.

Question put and passed.

 

6    Select Committee on Petrol Multi Site Franchising - Extension of time for bringing up Report

Mr Caudell moved - That the time for bringing up the Report of the Select Committee on Petrol Multi Site Franchising be extended until Thursday 8 February 1996.

Question put and passed.

 

7    Postponement of business

Ordered - That Order of the Day: Private Members Bills/Committees/Regulations No 3 be an Order of the Day for Thursday 8 February 1996.

 

8    Referendum (Water Supply and Sewerage Systems) Bill

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

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

Debate ensued.

Ordered, on motion of Ms Stevens, by leave, that the debate be adjourned until Thursday 8 February 1996.

 

9    Grand Prix 1995  -  Motion re

Order of the Day read for the adjourned debate on the motion of Mrs Greig -  That this House congratulates the Adelaide Grand Prix Board, organisers and officials, the Adelaide traders, CAMS, the taxi drivers, volunteers and residents for their efforts in making the EDS 1995 Australian Formula 1 Grand Prix the grand finale event that will be remembered through out motor racing history.

Debate resumed.

Mr De Laine moved to amend the motion by leaving out all the words after the word “officials” and inserting in lieu thereof the following:

“racing drivers, the SA business community including Adelaide traders, workers and their trade unions, CAMS, taxi drivers, volunteers and residents for their efforts in making the EDS 1995 Australian Formula 1 Grand Prix the grand finale event that will be remembered throughout motor racing history and also recognises the efforts for former Premier, The Hon John Bannon for his achievement in securing the eleven Grand Prix for Adelaide and for making them the best events of their type in the world.”

Question - That the amendment be agreed to - put.

House divided (No. 1)


 


           Ayes, 9.

 

Hon F T Blevins

Mr Clarke

Mr Foley

Mrs Geraghty

Ms Hurley

Hon M D Rann

Ms Stevens

Ms White

Mr De Laine (Teller)


   Noes, 29.

 

Hon H Allison

Mr Andrew

Mr Ashenden

Hon D S Baker

Mr Bass

Mr Becker

Mr Brindal

Mr Brokenshire

Mr Caudell

Mr Condous

Mr Cummins

Mr Evans

Mrs Hall

Mr Kerin

Mrs Kotz

Mr Leggett

Mr Lewis

Hon W A Matthew

Mr Meier

Hon J W Olsen

Hon J K G Oswald

Mrs Penfold

Mrs Rosenberg

Mr Rossi

Mr Scalzi

Mr Venning

Mr Wade

Hon D C Wotton

Mrs Greig (Teller)


 

     So it passed in the negative.

 

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

 

10   Postponement of business

Ordered - That Orders of the Day: Other Motions Nos 2 and 3 be Orders of the Day for Thursday 8 February 1996.


 

11   Torrens Valley Institute of TAFE -  Motion re

Order of the Day read for the adjourned debate on the motion of Mrs Kotz - That this House commends and acknowledges the international recognition of the excellence of the electronics course presented at the Torrens Valley Institute of TAFE and further acknowledges the role played by the State’s education and training facilities in the development of new industries contributing to South Australia’s resurging economy.

Question put and passed.

 

12   Wine Industry Taxation -  Motion re

Order of the Day read for the adjourned debate on the motion of Mr Andrew - That this House condemns the Federal Government for its failure to respond to the Industry Commissions’ Inquiry into the Wine Industry, and for failing to use the opportunity to reject any options for an increase or change to the current taxation status of the wine industry.

Question put and passed.

 

13   Postponement of business

Ordered - That Orders of the Day: Other Motions Nos 6 to 8 be Orders of the Day for Thursday 8 February.

 

14   Suspension and resumption of sitting

At 12.55 pm the sitting of the House was suspended.

At 2.00 pm the Speaker resumed the Chair.

 

15   Petition No 63

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

 

63 The Minister for Housing, Urban Development and Local Government Relations (Hon J K G Oswald), from 1 258 residents of South Australia, requesting that the House urge the Government to redevelop the Patawalonga River Basin in order to improve water quality.

 

16   Papers

The following Papers were tabled:

 

By the Deputy Premier (Hon S J Baker) -

Corporate Affairs Commission - Report, 1994-95

Legislative Review Committee - Report on the Criminal Injuries Compensation Act 1978 - Response by the Attorney-General

 

By the Minister for Tourism (Hon G A Ingerson) -

South Australian Tourism Commission - Report, 1994-95

 

By the Minister for Industrial Affairs (Hon G A Ingerson) -

Department of Building Management - Report, 1994-95

Remuneration Tribunal - Report relating to Determination - No 3 of 1995 - Ministers of the Crown and Officers and Members of Parliament

 

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

SAGRIC International Pty Ltd - Report, 1994-95

 

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

Dental Board of South Australia - Report, 1994-95

Office of the Public Advocate - Report, 6 March 1995 - 30 June 1995

South Australian Health Commission - Report, 1994-95

Supported Residential Facilities Advisory Committee - Report, 1994-95


 

By the Minister for Aboriginal Affairs (Hon M H Armitage) -

State Aboriginal Affairs, Department of - Report, 1994-95.

 

17   Printing Committee - First Report

Mr Brokenshire brought up the First Report, 1995 of the Printing Committee.

 

The Report recommended the printing of the following papers:

Abortions Notified in South Australia, Committee Appointed to Examine

and Report on - Report, 1994 (Paper No 90)

Adelaide Festival Centre - Report, 1994 Paper No 84)

Ageing, Office of the Commissioner for - Report, 1994-95 (Paper No 144)

     Art Gallery of South Australia - Report, 1994-95 (Paper No 41)

     Arts and Cultural Development, Department for - Report, 1994-95 (Paper No 105)

Attorney-General’s Department - Report, 1994-95 (Paper No 151)

     Auditor-General - Report on the Operations of, 1994-95 (Paper No 4A)

Botanic Gardens Adelaide, Board of the - Report, 1994-95 (Paper No 13)

     Chiropractors Board of South Australia - Report, 1994-95 (Paper No 145)

Construction Industry Long Service Leave Board - Report, 1994-95 (Paper No 129)

     Consumer Affairs, Commission for - Report, 1994-95 (Paper No 75A)

     Country Fire Service - Report, 1994-95 (Paper No 130)

     Economic Development Authority - Report, 1994-95 (Paper No 115)

     Engineering and Water Supply Department - Report, 1994-95 (Paper No )35

     Environment and Natural Resources, Department of - Report, 1994-95 (Paper No 92)

     Environment Protection Authority - Report, 1994-95 (Paper No 95)

     ETSA Corporation - Report, 1994-95 (Paper No 64)

     Government Financing Authority, South Australian - Report, 1994-95 (Paper No 48)

     History Trust of South Australia - Report, 1994-95 (Paper No 118)

     Housing and Urban Development , Department of - Report, 1994-95 (Paper No 153)

     Housing Trust, South Australian - Report, 1994-95 (Paper No 42)

     Industrial Affairs, Department for - Report, 1994-95 (Paper No 46)

     Legal Services Commission of South Australia - Report, 1994-95 (Paper No 136)

     Libraries Board of South Australia - Report, 1994-95 (Paper No 54)

     Local Government Finance Authority of South Australia - Report, 1994-95 (Paper No 43)

     Lotteries Commission of South Australia - Report, 1994-95 (Paper No 32)

     Medical Board of South Australia - Report, 1994-95 (Paper No 57)

     Metropolitan Fire Service, South Australian - Report, 1994-95 (Paper No 40)

     MFP Development Corporation - Report, 1994-95 (Paper No 168)

     Mines and Energy South Australia - Report, 1994-95 (Paper No 26)

     Motor Fuel Licensing Board - Report, 1994 (Paper No 88)

     Museum Board, South Australian - Report, 1994-95 (Paper No 8)

     Nurses Board of South Australia - Report, 1994-95 (Paper No 82)

     Pipelines Authority of South Australia - Report, 1994-95 (Paper No 68)

     Ports Corporation, South Australian - Report, 1994-95 (Paper No 24)

     Premier and Cabinet, Department of - Report, 1994-95 (Paper No 91)

     Primary Industries of South Australia - Report, 1994-95 (Paper No 149)

     Public Employment, Office for the Commissioner for - Report, 1994-95 (Paper No 114)

     South Australian Film Corporation - Report, 1994-95 (Paper No 80)

     South Australian Meat Corporation - Report, 1994-95 (Paper No 59)

     South Australian Multicultural and Ethnic Affairs Commission and the
Office of Multicultural and Ethnic Affairs - Report, 1994-95 (Paper No 29)

     South Australian Superannuation Board - Report, 1994-95 (Paper No 67)

     South Eastern Water Conservation and Drainage Board - Report, 1994-95 (Paper No 6)

     State Clothing Corporation - Report, 1994-95 (Paper No 120)

     State Electoral Department - Report, 1994-95 (Paper No 148)

     State Emergency Service - Report, 1994-95 (Paper No 150)

     State Opera of South Australia - Report, 1994-95 (Paper No 123)

     State Services, Department for - Report, 1994-95 (Paper No 98)

     State Supply Board - Report, 1994-95 (Paper No 99)

     State Theatre Company of South Australia - Report, 1994-95 (Paper No 96)

     Timber Corporation, South Australian - Report, 1994-95 (Paper No 135)

     Transport, Department of - Report, 1994-95 (Paper No 37)

     Treasury and Finance, Department of - Report, 1994-95 (Paper No 146)

     Urban Land Trust, South Australian - Report, 1994-95 (Paper No 58)

     West Beach Trust - Report, 1994-95 (Paper No 158).

 

     Ordered - That the Report be received and adopted.

 

18   Questions

     Questions without notice were asked.

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

     Questions without notice resumed.

 

19   Grievance debate

     The Speaker proposed - That the House note grievances.

     Debate ensued.

     Question put and passed.

 

20   Witness Protection Bill

The Minister for Emergency Services (Hon W A Matthew), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to establish a program to give protection and assistance to certain witnesses and other persons 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 Clarke, that the debate be adjourned until Tuesday 6 February 1996.

 

21   Correctional Services (Miscellaneous) 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 Correctional Services Act 1982.

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 6 February 1996.

 

22   Summary Offences (Overcrowding at Public Venues) Amendment Bill

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

Debate resumed.

     Question put and passed.

 

     Bill read a second time.

     Proceeded, by leave, to the third reading.

 

     Bill read a third time and passed.

 

23   Suspension and resumption of sitting

     At 3.57 pm the sitting of the House was suspended.

     At 5.38 pm the Speaker resumed the Chair.


 

24   Messages from the Legislative Council

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

 

     Office for the Ageing Bill                              Message No 50

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to establish the Office for the Ageing and the Advisory Board on Ageing; to repeal the Commissioner for the Ageing Act 1984; and for other purposes, without any amendment.

     Legislative Council, 30 November 1995             H P K Dunn, PRESIDENT

 

     Environment Protection (Forum Replacement) Amendment Bill           Message No 51

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

     Legislative Council, 30 November 1995             H P K Dunn, PRESIDENT

 

     South Australian Multicultural and Ethnic Affairs Commission

        (Constitution of Commission) Amendment Bill          Message No 52

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the South Australian Multicultural and Ethnic Affairs Commission Act 1980, without any amendment.

     Legislative Council, 30 November 1995             H P K Dunn, PRESIDENT

 

     Water Resources (Imposition of Levies) Amendment Bill         Message No 53

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Water Resources Act 1990, with the suggested amendments indicated by the annexed Schedule, which amendments the Legislative Council requests the House of Assembly to make to the said Bill.

     Legislative Council, 30 November 1995             H P K Dunn, PRESIDENT

 

Schedule of the suggested amendments made by the Legislative Council

No 1  Page 3 (clause 10) - After line 28 insert new section as follows:-

   “Report as to degradation of water in watercourse, etc.

   38AA  (1)  The Minister or a catchment water management board may prepare a report -

   (a)     on the degradation of water in a proclaimed watercourse, lake or well and the factors causing the degradation; and

(b)   suggesting measures to improve the quality of the water; and

(c)   setting out an estimate of the cost of implementing those measures.

   (2)  The Minister or the board may cause the report to be published in a newspaper circulating generally throughout the State.”

No  2 Page 3, lines 30 and 31 (clause 10) - Leave out subsection (1) and insert new subsections as follow:-

   “(1)  Where a report has been prepared and published under section 38AA in relation to a proclaimed watercourse, lake or well, the Minister may, by notice in the Gazette, declare levies in relation to the taking of water from the watercourse, lake or well for a financial year that does not commence more than five years after the report was published.

(1a)  Levies declared under subsection (1) may raise the amount estimated in the report as the cost of implementing measures to improve the quality of the water or an amount that is more or less than that amount.”

No  3 Page 11, lines 5 to 16 (clause 10) - Leave out subsections (1) and (2) and insert new subsections as follow:-

   “(1)  Money paid to the Minister in satisfaction of a liability for levies or interest under this Division must be paid into a fund to be called the Water Resources Levy Fund.


   (1a)    The Fund must be applied for the following purposes in such shares as the Minister thinks fit:

(a)     providing funds to boards established under the Catchment Water Management Act 1995;

(b)     any other purpose relating to the management, or improving the quality, of the State’s water resources.

   (2)   The Minister must, as far as practicable, allocate money comprising the Fund so as to benefit proportionately the water resources in relation to which the money was paid.”

No  4 Page 11 (clause 10) - After line 18 insert new subsections and new section as follows:-

   “(4)  The Minister may invest money standing to the credit of the Fund that is not immediately required for the purposes referred to in subsection (1a) in such manner as is approved by the Treasurer.

   (5)   Income derived from investment of the Fund must be credited to the Fund.

Accounts and audit

   38K        (1)   The Minister must cause proper accounts to be kept of money paid to and from the Fund.

   (2)  The Auditor-General may at any time, and must at least once in each year, audit the accounts of the Fund.”

                          J M Davis, CLERK OF THE LEGISLATIVE COUNCIL

 

     Ordered - That the suggested amendments be taken into consideration forthwith.

 

In Committee

 

     Resolved - That the suggested amendments be agreed to.

 

____________

 

     The House having resumed:

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

 

South Eastern Water Conservation and Drainage (Miscellaneous)

   Amendment Bill                                       Message No 54

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled and Act to amend the South Eastern Water Conservation and Drainage Act 1992, without any amendment.

     Legislative Council, 30 November 1995             H P K Dunn, PRESIDENT

 

     Controlled Substances (General Offences - Poisons) Amendment Bill         Message No 55

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Controlled Substances Act 1984, without any amendment.

     Legislative Council, 30 November 1995             H P K Dunn, PRESIDENT

 

25   Extension of time for adjournment

The Minister for Environment and Natural Resources (Hon D C Wotton) moved - That the time for moving the adjournment of the House be extended beyond 10.00 pm.

Question put and passed.

 

26   Suspension and resumption of sitting

     At 5.43 pm the sitting of the House was suspended.

     At 10.33 pm the Speaker resumed the Chair.


27   Conference - Criminal Law Consolidation (Appeals) Amendment Bill

The Deputy Premier reported - That the Managers have been at the Conference on the Criminal Law Consolidation (Appeals) Amendment Bill, which was managed on the part of the Legislative Council by the Attorney-General (Hon K T Griffin), Hon M J Elliot, Hon R D Lawson, Hon P Nocella and Hon C A Pickles and we there received from the Managers on behalf of the Legislative Council the Bill, together with the resolution adopted by that House -

 

      That the disagreement to the amendments of the House of Assembly be insisted on.

 

Thereupon the Managers for the two Houses conferred together but no agreement was reached.

 

     The Deputy Premier moved - That the House no longer insist on its amendments.

     Debate ensued.

     Question put and passed.

 

28   Message from the Legislative Council

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

 

     Statutes Amendment (Workers Rehabilitation and Compensation)

        Amendment Bill                                       Message No 56

MR SPEAKER -  The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Workers Rehabilitation and Compensation Act 1986 and the WorkCover Corporation 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, 30 November 1995             H P K Dunn, PRESIDENT

 

Schedule of the amendment made by the Legislative Council

Page 2 (clause 4) - After line 10 insert new subsection as follows:-

“(5A)  However, if a worker who is within 6 months of retirement age or above retirement age, becomes incapacitated for work while still in employment, weekly payments are, subject to the following exceptions, payable for a period of incapacity falling within 6 months after the commencement of the incapacity.

Exceptions -

   (a)     weekly payments are not payable under this subsection for a period of incapacity falling after the worker reaches 70 years of age;

(b)   weekly payments are not payable under this subsection to -

(i)     a worker who is, at the commencement of the incapacity, employed by a body corporate of which the worker is a director; or

(ii)    a worker who is not, at common law, an employee of the employer unless the Crown is the worker’s presumptive employer under section 103A.”

                          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 had to the same without amendment.


29   Suspension and resumption of sitting

At 11.05 pm the sitting of the House was suspended.

 

-------------------------

It being midnight:

FRIDAY 1 DECEMBER 1995

------------------------

 

At 11.00 am the Speaker resumed the Chair.

 

30   Message from the Legislative Council

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

 

Statutes Amendment (Racial Vilification) Bill           Message No 57

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Criminal Law Consolidation Act 1935 and the Equal Opportunity Act 1984, to which it desires the concurrence of the House of Assembly.

     Legislative Council, 30 November 1995             H P K Dunn, PRESIDENT

 

     Bill read a first time.

     Ordered - That the second reading be an Order of the Day for Thursday 6 February 1996.

 

31   Hindmarsh Island Bridge Royal Commission Report

The Deputy Premier, by leave, moved - That upon presentation to the Speaker of a copy of the report of the Hindmarsh Island Royal Commission, established pursuant to the letters patent approved on 16 June 1995 and as varied from time to time, the Speaker is hereby authorised to publish and distribute such report.

     Question put and passed.

 

32   Next day of sitting

     The Premier (Hon D C Brown) moved - That the House at its rising adjourn until Tuesday 6            February 1996 at  2.00 pm.

     Debate ensued.

     Question put and passed.

 

33   Suspension and resumption of sitting

     At 11.13 am the sitting of the House was suspended.

     At 2.57 pm the Speaker resumed the Chair.

 

34   Conference - Local Government (Boundary Reform) Amendment Bill

The Minister Housing, Urban Development and Local Government Relations reported - That the Managers have been at the Conference on the Local Government (Boundary Reform) 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 J A W Levy and Hon A J Redford and we there delivered the Bill, together with the resolution adopted by this House.

Thereupon the Managers for the two Houses conferred together and it was agreed that we should recommend to our respective Houses 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 Amendment No 6 -  

That the Legislative Council do not further insist on its amendment but makes the following consequential amendments -

   Clause 10, page 6, line 9 - Leave out “seven” and insert “eight”;

Clause 10, page 8, lines 22 to 25 - Leave out subsection (2) and (3) and insert new subsections as follows:

(2)   A quorum of the Board consists of five members ( and no business may be transacted at a meeting of the Board unless a quorum is present).

(3)   A decision carried by a majority of votes of the members present at a meeting of the Board is a decision of the Board.

(3a)  Each member present at a meeting of the Board is entitled to one vote on a matter arising for decision by the Board, and the person presiding at the meeting has, in the event of an equality of votes, a second or casting vote.

   And that the House of Assembly agree thereto.

As to Amendments Nos 7 to 19 -

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

As to Amendment No 20 -

That the Legislative Council do not further insist on its amendment.

As to Amendment No 21 -

That the Legislative Council do not further insist on its amendment but makes the following amendment in lieu thereof:

Clause 10, page 9, line 37, page 10, lines 1 to 4 - Leave out all words in these lines after “Part” in line 37.

   And that the House of Assembly agree thereto.

As to Amendment No 22 -

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

As to Amendment No 23 -

That the Legislative Council do not further insist on its amendment but makes the following amendments in lieu thereof:

   Clause 10, page 10, after line 18—Insert new word and paragraph as follows:

      and

      (c)   significant benefits for ratepayers under this Act.

   Clause 10, page 10, after line 26—Insert—

   (ia)  that ratepayers should be able to receive a reduction in their council rates through the implementation of structural reform proposals under this Part;.

   And that the House of Assembly agree thereto.

As to Amendments Nos 24 to 39 -

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

As to Amendments Nos 40 and 41 -

That the Legislative Council do not further insist on its amendments.

As to Amendment No 42 -

That the House of Assembly do not further insist on its disagreement thereto and that the Legislative Council make the following consequential amendment:

   Clause 10, page 18, line 4—After "community" insert ", including through rate reductions".

   And that the House of Assembly agree thereto.

As to Amendments Nos 43 to 47 -

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

As to Amendment No 48 -

That the Legislative Council do not further insist on its amendment and makes the following amendment in lieu thereof:

Clause 18, page 19, lines 25 to 38, page 20, lines 1 to 4—Leave out all words in these lines and insert—

   174A Limitation on general rates—1997/1998 and 1998/1999 financial years (1) Subject to this section, a council must, in each of the 1997/1998 and 1998/1999 financial years, aim to recover from general rates charged on land within the area of the council (in total) an amount that does not exceed the total revenue raised from general rates charged on the same land under this Division for the 1995/1996 financial year, adjusted to reflect changes in the Consumer Prices Index between the March quarter 1995 and the March quarter 1997.


   (2) However -

      (a)   a council is not required to comply with this section if—

         (i)   a poll of electors for the relevant area is conducted on the matter; and

(ii)  the majority of persons voting at the poll vote in favour of the proposition that the council is not required to comply with this section;

   (b)      the Governor may, by proclamation, grant a council an exemption from the requirements of this section on the basis that the Governor is satisfied that extenuating circumstances exist that justify the exemption.

   And that the House of Assembly agree thereto.

As to Amendment No 49 -

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

 

35   Message from the Legislative Council

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

 

     South Australian Housing Trust Bill                     Message No 58

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to provide for the continuation of the South Australian Housing Trust and to define its functions and powers; to repeal the South Australian Housing Trust Act 1936 and the Country Housing Act 1958; to make related amendments to the Housing Improvement Act 1940 and the Housing and Urban Development (Administrative Arrangements) Act 1995; 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, 30 November 1995             H P K Dunn, PRESIDENT

 

Schedule of the amendments made by the Legislative Council

No 1  Page 3 (clause 5) - After line 24 insert new subclauses as follow:-

“(2)  SAHT will be the principal property and tenancy manager of public housing in the State.

   (3)  SAHT should -

(a)   provide affordable, secure and appropriate public housing that meets the needs of its clients; and

(b)   ensure that rental housing provided by SAHT is well located, of adequate size and condition, and meets reasonable standards of health, safety and security; and

(c)   ensure that public housing built by or for SAHT after the commencement of this Act incorporates modern standards of energy efficiency; and

(d)   aim to provide public housing that provides reasonable access to community services.”

No 2  Page 4 (clause 7) - After line 4 insert new paragraphs as follow:-

“(ea) build, alter, enlarge, repair and improve houses or enter into contracts under which houses will be built, altered, enlarged, repaired or improved on behalf of SAHT;

(eb)     convert buildings into houses;”

No 3  Page 4 (clause 7) - After line 11 insert new subclause as follows:-

“(2)  If SAHT sells an interest in residential property, the net proceeds of sale received by SAHT must be applied towards a purpose or purposes associated with the provision of housing within the State.”

No 4  Page 5 (clause 12) - After line 20 insert new paragraph as follows:-

“(ab) must refrain from taking part in the deliberations or a decision of the board on the matter; and”

No 5  Page 7 (clause 16) - After line 31 insert new word and paragraph as follows:-

      “and

(c)   achieving appropriate social justice objectives and the fulfilment of SAHT’S community service obligations.”


No 6  Page 10, line 26 (clause 23) - After “However” insert the following:-

      “ -

(a)   the Minister must not act under subsection (1)(b)  unless he or she has first given, by notice in the Gazette, preliminary notice of the proposed transfer at least two months before the publication of the relevant notice under that subsection; and

(b)   [The remainder of subclause (3) becomes paragraph (b)].”

No 7  Page 11, line 11 (clause 25) - Leave out “all rates, duties, taxes and imposts, and to assume all other liabilities and duties,” and insert “all or specified rates, duties, taxes and imposts, and to assume other liabilities and duties (either generally or of a specified kind),”.

No 8  Page 11, line 15 (clause 25) - After “in effect to” insert “either (or both) of the following”.

No 9  Page 11, lines 25 and 26 (clause 25) - Leave out subclause (4).

No 10 Page 12, lines 9 to 13 (clause 26) - Leave out subclause (6) and insert new subclause as follows:-

“(6)  If the Minister receives an amount from SAHT under this section, the amount must be applied towards a purpose or purposes associated with the provision of housing within the State.”

No 11 Page 13 - After line 17 insert new clause as follows:-

      29A “Code of practice and charter (1)  SAHT must prepare -

(a)   a code of practice; and

(b)   a charter.

(2)   The code of practice and charter must conform with any requirements of a current Commonwealth/State Housing Agreement but otherwise the content and form of the code of practice and charter will be determined by SAHT after consultation with the Minister and housing consumer groups nominated by the Minister.

(3)   SAHT may, with the approval of the Minister, amend the code of practice or charter at any time.

(4)   On the code of practice or charter, or an amendment to the code of practice or charter, coming into force, the Minister must, within 12 sitting days, have copies of the code of practice or charter, or the code of practice or charter in its amended form, as the case may be, laid before both Houses of Parliament.”

No 12 Page 16, line 7 (clause 33) - After “land” insert “(other than residential property occupied by a tenant of SAHT)”.

No 13 Page 16, line 10 (clause 33) - Leave out “this section” and insert “subsection (1)”.

No 14 Page 16 (clause 33) - After line 11 insert new subclause as follows:-

“(2a) A person authorised by SAHT may enter residential property occupied by a tenant of SAHT if (and only if) -

(a)     the entry is made in an emergency; or

(b)     the tenant has been given written notice stating the purpose and specifying the date and time of the proposed entry not less than seven days and not more than 14 days before the entry is made; or

(c)     the entry is made at a time previously arranged with the tenant (but not more frequently than once in every four weeks) for the purpose of inspecting the property; or

(d)     the entry is made for the purpose of carrying out necessary repairs or maintenance at a reasonable time of which the tenant has been given at least 48 hours written notice; or

(e)     the entry is made with the consent of the tenant given at, or immediately before, the time of entry.”

No 15 Page 17 - After line 32 insert new clause as follows:-

41A “Triennial review (1)  The Minister must once in every three years cause a report to be prepared on the operations and administration of SAHT.

(2)   The report must be prepared by a person who is independent of SAHT.

(3)   The Minister must, within 12 sitting days after receiving a report under this section, have copies of the report laid before both Houses of Parliament.”

No 16 Page 18, lines 7 and 8 (clause 42) - Leave out subparagraph (i).


No 17 Page 19 (Schedule 1) - After line 29 insert new paragraphs as follow:-

‘(ha) by striking out from section 25(1) “all rates, duties, taxes and imposts, and to assume all other liabilities and duties,” and substituting “all or specified rates, duties, taxes and imposts, and to assume other liabilities and duties (either generally or of a specified kind),”;

(hb)     by inserting “either (or both) of the following” after “in effect to” in section 25(2);

(hc)     by striking out from section 25(2)(b)  “in the case of a statutory corporation that would otherwise be exempt from the liability to pay council rates,” and substituting “council”;

(hd)     by striking out subsection (4) of section 25;’

No 18 Page 21 (Schedule 2) - After line 26 insert new clause as follows:-

2A “Code of practice and charter SAHT must prepare the code of practice and charter required by section 29A within six months after the commencement of this Act.”

                          J M Davis, CLERK OF THE LEGISLATIVE COUNCIL

 

     Ordered - That the amendments 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 amendments referred to it and had resolved to agree to the same without amendment.

 

36   Select Committee on Petrol Multi Site Franchising - Suspension of Standing Order

The Deputy Premier, without notice, moved - That Standing Order 339 be so far suspended as to enable the Select Committee on Petrol Multi Site Franchising to authorise the disclosure or publication, as it thinks fit, of any evidence presented to the committee prior to such evidence being reported to the House.

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

 

37   Message from the Legislative Council

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

 

     Local Government (Boundary Reform) Amendment Bill - Conference      Message No 59

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

     Legislative Council, 30 November 1995             H P K Dunn, PRESIDENT

 

     Ordered - That the Speaker now leave the Chair and the House resolve itself into a Committee of                                                the whole for the consideration of the recommendations of the Conference.

 

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 of the Conference and had agreed to the same.

 


38   Adjournment

House adjourned at 4.45 pm until Tuesday 6 February 1996 at 2.00 pm.

 

____________

 

 

   Present during the day - All Members except Mr Atkinson (on leave) .

 

 

 

 

                                                        G M Gunn

                                                        SPEAKER

 

G D Mitchell

CLERK OF THE HOUSE OF ASSEMBLY