No 21

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

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MONDAY 24 NOVEMBER 2003

 

 

1       Meeting of House

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

 

2       Petition No 30

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

 

30   Hon D C Kotz, from 22 electors of South Australia, requesting the House to urge the Government to immediately withdraw the trial of the Sexual Health and Relationship Education Program, developed by SHINE, from all 14 participating schools, pending professional assessment and endorsement.

 

3       Answers to questions

Answers to questions on the Notice Paper Nos 3, 5, 6, 11, 13, 15, 19, 29, 65, 66, 79, 80, 102 to 109, 111, 115 to 117, 121, 144, 147 to 153, 157, 169, 172, 174 and 181 and questions without notice were tabled by the Speaker.

 

4       Papers

         The Speaker laid on the Table the following reports:

 

Pursuant to Section 131 of the Local Government Act 1999 -

            Holdfast Bay, City of – Report 2002-2003

            Karoonda East Murray, District Council of, – Report 2002-2003

            Mount Gambier, City of – Report 2002-2003

            Mount Remarkable, District Council of, – Report 2002-2003

            Roxby Downs Council – Report 2002-2003.

 

         The following Papers were tabled:

 

By the Minister for Health (Hon L Stevens) –

      Eudunda & Kapunda Health Service Incorporated – Report 2002-2003

      Human Services, Department of – Report 2002-2003

      Metropolitan Domiciliary Care – Report 2002-2003

      Mid-West Health & Aged Care Inc. & Mid-West Health – Report 2002-2003

      Millicent & District Hospital & Health Services Inc. – Report 2002-2003

      South Coast District Hospital Inc (Incorporating Southern Fleurieu Health Service) – Report 2002-2003

      Waikerie Health Service Incorporated – Report 2002-2003

 

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

      State of the Environment Report for South Australia 2003 -

                  Executive Summary and Key findings -

                  The State of Our Environment Report -

 

 

      Regulations under the following Acts –

                  Native Vegetation - Exploration and Mining Operations

 

By the Minister Assisting the Premier in the Arts (Hon J D Hill) –

      Country Arts SA – Report 2002-2003

 

By the Minister for Tourism (Hon J D Lomax-Smith) –

      Regulations under the following Acts –

                  Aquaculture - Licensee’s Fee.

 

5       Environment, Resources and Development Committee – Report – Annual Report 2002 – 2003

         Ms Breuer brought up the Fiftieth Report of the Committee being the Annual Report 2002 – 2003.

Report received.

Ordered to be published (Paper No 188).

 

6       Occupational Safety, Rehabilitation and Compensation Committee - Report – Interim Report on the Statutes Amendment (WorkCover Governance Reform) Bill and Occupational Health, Safety and Welfare (Safework SA) Amendment Bill

Mr Caica brought up the Fifth Report of the Committee being the Interim Report on the Statutes Amendment (WorkCover Governance Reform) Bill and Occupational Health, Safety and Welfare (Safework SA) Amendment Bill.

Report received.

 

7       Public Works Committee - Report – Kilparrin/ Townsend School Relocation

         Mr Caica brought up the One Hundred and Ninety-Third Report of the Committee on the Kilparrin/ Townsend School Relocation.

Report received.

Ordered to be published (Paper No 191).

 

8       Questions

Questions without notice were asked.

 

9       Grievance debate

On motion of the Speaker, the House noted grievances.

 

10      Select Committee on the Cemetery Provisions of the Local Government Act

Order of the Day read for the Report of the Select Committee on the Cemetery Provisions of the Local Government Act to be brought up.

Hon R B Such brought up the Report (Paper No. 189), together with Minutes of Proceedings and Evidence.

Report and Minutes of Proceedings received.

 

The Hon R B Such, then proceeding to move - That the Report be noted.

Ordered, on motion of Hon R B Such, by leave, that the motion be adjourned until Wednesday 26 November.

 

11      Postponement of business

Ordered, severally - That Orders of the Day: Government Business Nos 2 to 22 be postponed and taken into consideration after Order of the Day: Government Business No 23.

 

12      Statutes Amendment (Expiation of Offences) 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.

 

In Committee

Clauses Nos 1 to 3 agreed to.

Clause No 4 read.

 

Ms Chapman moved on page 2, after line 10, to insert:

    (a1)    Section 6(1)(e)—delete paragraph (e) and substitute:

     (e)     cannot be given after the expiry of—

     (i)     in the case of an offence against section 79B of the Road Traffic Act 1961—the period of 3 months from the date on which the offence was, or offences were, alleged to have been committed; or

     (ii)     in any other case—the period of 6 months from the date on which the offence was, or offences were, alleged to have been committed; and

Question – That the amendment be agreed to – put and negatived.

 

Clauses Nos 4 to 8 agreed to.

Clause No 9 read.

 

Ms Chapman moved on page 5, on line 33, delete "1 year" and substitute “9 months”

Question – That the amendment be agreed to – put and negatived.

 

Clauses Nos 9 and 10 agreed to.

 

Hon G M Gunn moved on page 6, after line 17, to insert a new clause as follows:

10A—Insertion of section 174DA

After section 174D insert:

174DA—Formal caution for certain speeding offences

     (1)     For the purposes of this section, there are grounds for an expiation notice or summons for an alleged speeding offence to be withdrawn and substituted with a formal caution against further offending in respect of speeding offences if—

     (a)     the person alleged to have committed the speeding offence has held a driver's licence continuously for the 10 years immediately preceding the alleged offence; and

     (b)     the person has not, during that period, expiated, been convicted of or been issued a formal caution under this section in respect of a speeding offence.

     (2)     An expiation notice, expiation reminder notice under the Expiation of Offences Act 1996 or summons for an alleged speeding offence must be accompanied by—

     (a)     a notice (in the prescribed form) inviting the person to provide the issuing authority or complainant with a statutory declaration setting out grounds on which the expiation notice or summons should be withdrawn and substituted with a formal caution against further offending in respect of speeding offences under this section; and

     (b)     a form suitable for use as a statutory declaration.

     (3)     If the issuing authority or complainant is satisfied of the veracity of a statutory declaration provided under subsection (2), the issuing authority or complainant must withdraw the expiation notice or summons and instead issue the person with a formal caution against further offending in respect of speeding offences.

     (4)     If the issuing authority or complainant is not satisfied of the veracity of a statutory declaration provided under subsection (2), the issuing authority or complainant must send a notice (in the prescribed form) to the alleged offender by post containing a statement that the statutory declaration is not accepted.

 

     (5)     For the purposes of the Expiation of Offences Act 1996, a notice under subsection (4) given in respect of an expiation notice will be taken to be an expiation enforcement warning notice and that Act (apart from the requirement for the notice to contain a statement about the statutory declaration) applies to the notice.

     (6)     It is a defence to a charge of a speeding offence to prove that the defendant provided a statutory declaration in respect of the alleged offence in accordance with an invitation under this section (unless it is proved that the declaration was false in a material particular).

     (7)     In this section—

speeding offence has the same meaning as in section 79B but does not include an offence involving—

     (a)     exceeding the speed limit by more than 15 kilometres per hour; or

     (b)     speeding in a school zone (within the meaning of the Australian Road Rules); or

     (c)     speeding in a shared zone (within the meaning of the Australian Road Rules).

 

         To report progress and ask leave to sit again.

 

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         The House having resumed:

Hon R B Such reported that the Committee had considered the Bill referred to it, had made progress therein and asked leave to sit again.

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

 

13      Postponement of business

Ordered, severally - That Orders of the Day: Government Business Nos 2 to 12 be postponed and taken into consideration after Order of the Day: Government Business No 13.

 

14      Legal Practitioners (Miscellaneous) 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.

 

In Committee

Clauses Nos 1 to 14 agreed to.

Title agreed to.

 

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         The House having resumed:

Hon R B Such reported that the Committee had considered the Bill referred to it and had agreed to the same without amendment.

 

Bill read a third time and passed.

 

15      Postponement of business

Ordered, severally - That Orders of the Day: Government Business Nos 2 to 7 be postponed and taken into consideration after Order of the Day: Government Business No 8.

 

16      Criminal Law Consolidation (Identity Theft) 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.

 

 

In Committee

Clauses Nos 1 to 3 agreed to.

Clause No 4 amended and agreed to.

Schedule agreed to.

Title agreed to.

 

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         The House having resumed:

Hon R B Such reported that the Committee had considered the Bill referred to it and had agreed to the same with an amendment.

 

Bill read a third time and passed.

 

17      Adjournment

The Attorney-General, moved – That the House do now adjourn.

Debate ensued.

Question put and passed.

House adjourned at 8.27pm until tomorrow at 2.00 pm.

 

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MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

            For Wednesday 26 November 2003

 

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

 

Ms Breuer to move – That the Fiftieth Report of the Environment, Resources and Development Committee being the Annual Report 2002-03, be noted.

 

Mr Caica to move That the One Hundred and Ninety Third Report of the Public Works Committee on the Kilparrin/Townsend School Relocation, be noted.

 

 

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Present during the day - All Members except the Minister for Social Justice (Hon S W Key) and Mr Hanna.

 

 

 

 

 

                                                                                                                        Peter Lewis

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY