No 22

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

TUESDAY 6 FEBRUARY 1996

 

 

1    Meeting of House

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

 

2    Death of Former Member - Hon K L Milne

The Premier (Hon D C Brown), by leave, moved - That this House expresses its regret at the recent death of Hon K L Milne, former Member of the Legislative Council and places on record its appreciation of his meritorious service, and that as a mark of respect to his memory the sitting of the House be suspended until the ringing of the bells.

And being supported by the Leader of the Opposition (Hon M D Rann), the Deputy Premier (Hon S J Baker), the Minister for Tourism (Hon G A Ingerson), the Minister for Environment and Natural Resources (Hon D C Wotton), Hon F T Blevins and the Speaker.

Motion carried in silence, Members rising in their places.

 

3    Suspension and resumption of sitting

     At 2.25 p.m. the sitting of the House was suspended.

     At 2.35 p.m. the Speaker resumed the Chair.

 

4    Petitions Nos 64 to 71

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

 

64 The Premier, from 301 residents of South Australia, requesting that the House urge the Government to install a school crossing on North Terrace at Port Elliot.

 

65 and 66 The Premier and Ms Stevens, from 53 residents of South Australia, requesting that the House urge the Government to retain public ownership, control and operation of the water supply and the collection and treatment of sewerage.

 

67 The Deputy Premier, from 427 residents of South Australia, requesting that the House urge the Government not to rezone part of the State Sports Park site to allow industrial development.

 

68 The Leader of the Opposition, from 128 residents of South Australia, requesting that the House urge the Government to restore School Services Officer’s hours to the level that existed when the Government assumed office.

 

69 Mr Leggett, from 28 residents of South Australia, requesting that the House urge the Government to support the construction of a tunnel underpass for Tapleys Hill Road at the Adelaide Airport runway extension.

 

70 Mr Meier, from 24 residents of South Australia, requesting that the House urge the Government to reinstate the position of Regional Service Manager for Primary Industries at Port Augusta and appoint a Livestock Inspector for the Pastoral Region.

 

71 Ms Stevens, from 28 residents of South Australia, requesting that the House urge the Government to meet the claim of the Police Association for adequate and reasonable wages for Police Officers.

 

5    Hindmarsh Island Bridge Royal Commission Report

     The Speaker laid on the table the Report of the Hindmarsh Island Bridge Royal Commission, which had been published and distributed pursuant to the order of the House of 30 November 1995.

 

6    Papers

     The Speaker laid on the table the following Reports which had been printed and published pursuant to section 17(7) of the Parliamentary Committees Act 1991:

 

     Eighteenth Report of the Public Works Standing Committee on the Southern Expressway:  Stage One (Paper No 196).

     Nineteenth Report of the Public Works Standing Committee on the Torrens Building Refurbishment (Paper No 198).

     Report of the Legislative Review Committee on Regulations under the Fisheries Act 1982 (Paper No 197).

 

7    Answers to questions

Answers to questions on the Notice Paper Nos 9, 20, 23, 25 and 26, 29 to 33, 35, 38, 40, 42 to 45 and 47 to 50 and questions without notice were tabled by the Speaker.

 

8    Papers

     The following Papers were tabled:

 

By the Premier -

  Public Sector Management Act 1995 - Ministerial Staff Salaries and Allowances

  Public Sector Management Act 1995 - Ministerial Staff Salaries and Allowances - Amendment

 

By the Deputy Premier -

  South Australian Commissioner of Police -

   Report, 1994-95

   Statistical Review, 1994-95

  Regulations under the following Acts -

   Legal Practitioners - Fees

   Liquor Licensing - Dry Areas -

      Alcohol Based Food Essence

      Glenelg

      Moana Foreshore

      New Year - Various

   Residential Tenancies - Security Bond - Third Party Payment and Guarantees

   Summary Offences - Expiable Offences - Small Wheeled Vehicles

  Rules of Court -

   Supreme Court - Supreme Court Act - Notice of Discontinuance

 

By the Treasurer (Hon S J Baker) -

  Regulations under the following Acts -

   Friendly Societies - Various

   Lottery and Gaming - Bingo Rules

   Southern State Superannuation - Future Service Benefit

   Superannuation - Prescribed Authorities

   Superannuation (Benefit Scheme) - Definition

   Tobacco Products (Licensing) - Various

   Statutory Authorities Review Committee - Electricity Trust of South Australia (Accounting Issues), Review of the -  Second Interim Report - Response by the Treasurer

   Statutory Authorities Review Committee - Electricity Trust of South Australia (Accounting Issues), Review of the - Third Interim Report - Response by the Treasurer

 

By the Minister of Mines and Energy (Hon S J Baker) -

  Petroleum Act - Regulations - Revocation

 

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

  Industrial Relations Advisory Committee - Report, 1994-95

  Mining and Quarrying Occupational Health and Safety Committee - Report, 1994-95

  Occupational Health, Safety and Welfare Advisory Committee - Report, 1994-95

  Regulations under the following Acts -

   Employment Agents Registration - Principal

   Explosives - Carriage and Sale

   Workers Rehabilitation and Compensation -

      Rehabilitation Standards and Requirements

      Scale of Charges -

         Medical Practitioners

         Public Hospitals

      United Water

 

By the Minister for Recreation, Sport and Racing (Hon G A Ingerson) -

  Bookmakers Licensing Board - Report, 1994-95

  Office of Recreation, Sport and Racing - Report, 1994-95

  Racing Act - Regulations - Percentage Reduction for Totalizor Money

  Rules of Racing -

   Racing Act -

      Entry and Acceptance

      Racing Tactics

      Suspension or Disqualification

 

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

  Regulations under the following Acts -

   Harbors and Navigation -

      Facilities Levy - Recreational Vessel

      Restricted Areas

      Structural and Equipment Requirements

   Passenger Transport - Taxi Cab Fares

   Road Traffic -

      Motor Vehicle Noise

      Small Wheeled Vehicles

   South Australian Country Arts Trust - Membership of Country Arts Boards

   Social Development Committee - Rural Poverty in South Australia - Eighth Report - Response by Minister for Transport

 

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

  Regulations under the following Acts -

   Controlled Substances -

      Poisons

      Volatile Solvents

   Drugs - Various

   Optometrists - Registration Fees

   Public and Environmental Health - Swimming Pools Exemptions

   South Australian Health Commission - Hospital and Health Centre Fees

  Repatriation General Hospital - By-laws - Traffic

 

By the Minister for the Environment and Natural Resources -

  Environmental Protection Council - Report, 1993-94

  Murray-Darling Basin Commission - Report, 1994-95

  Native Vegetation Council - Report, 1994-95

  Wilderness Protection Act - Reports, 1993-94 and 1994-95

 

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

  Department for Correctional Services - Report, 1994-95

 

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

  Dried Fruits Board of South Australia - Report, 1994-95

  South Australian Research and Development Institute (SARDI) - Report, 1994-95

  Regulations under the following Acts -

   Fisheries -

      Abalone Fisheries - Catch Quotas

      General - Fishing Restrictions - Expiable Offences

   Meat Hygiene - Adoption of Codes

 

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

  South Australian Local Government Grants Commission - Report, 1994-95

  Development Assessment Commission - TransAdelaide Paradise O’Bahn interchange

  Social Development Committee - Family Leave Provisions for the Emergency Care of Dependents - Fifth Report - Joint Response by the Minister for Industrial Affairs and the Minister for Family and Community Services

  Regulations under the following Acts -

   Development - Fire Safety Requirements - Caravan Parks

   Local Government  -

      Electoral Signs

      Superannuation Board - Various

   South Australian Housing Trust -

      Abandoned Goods

      Administrative Arrangements

  Corporation By-laws -

   Marion -

      No 2 - Moveable Signs

      No 3 - Council Land

      No 5 - Creatures

      No 7 - Waste Management

   Mount Gambier - No 2 - Moveable Signs

   Noarlunga - No 14 - Bird Scarers

   Port Adelaide - No 3 - Council Land

   Port Lincoln -

      No 1 - Permits and Penalties

      No 2 - Nuisances

      No 3 - Keeping of Bees

      No 4 - Flammable Undergrowth

      No 5 - Waste Disposal Depot

      No 6 - North Shields Garden Cemetery

      No 7 - Keeping of Dogs

      No 8 - Garbage Collection

      No 9 - Council Land

      No 10 - Taxis

   Salisbury -

      No 2 - Moveable Signs

      No 4 - Council Land

 


  District Council By-laws -

   Beachport -

      No 1 - Permits and Penalties

      No 2 - Moveable Signs

      No 3 - Council Land

      No 4 - Garbage Removal

      No 5 - Animals and Birds

      No 6 - Bees

      No 7 - Dogs

      No 8 - Caravans and Camping

   Clare - No 2 - Moveable Signs

   East Torrens -

      No 1 - Permits and Penalties

      No 2 - Streets and Public Places

      No 3 - Street Traders

      No 4 - Moveable Signs

      No 5 - Garbage Removal

      No 6 - Height of Fences Near Intersections

      No 7 - Parklands

      No 8 - Caravans, Tents and Camping

      No 9 - Animals, Birds and Poultry

      No 10 - Bees

      No 11 - Nuisances

      No 12 - Dogs

   Kapunda - No 6 - Creatures

   Kingscote -

      No 1 - Permits and Penalties

      No 2 - Streets and Public Places

      No 3 - Street Traders

      No 4 - Moveable Signs

      No 5 - Garbage Removal

      No 6 - Height of Fences Near Intersections

      No 7 - Parklands

      No 8 - Camping Reserves

      No 9 - Bees

      No 10 - Inflammable Undergrowth

      No 11 - Foreshore

   Le Hunte - No 1 - Moveable Signs

   Minlaton -

      No 1 - Permits and Penalties

      No 2 - Moveable Signs

      No 3 - Garbage Disposal

      No 4 - Council Land

      No 5 - Caravans and Camping

      No 6 - Fire Prevention

      No 7 - Creatures

   Port MacDonnell -

      No 1 - Permits and Penalties

      No 2 - Council Land

      No 5 - Creatures

   Robe -

      No 1 - Permits and Penalties

      No 2 - Moveable Signs

      No 3 - Garbage Removal

      No 4 - Council Land

      No 5 - Fire Prevention

      No 6 - Creatures


   Warooka -

      No 1 - Permits and Penalties

      No 2 - Moveable Signs

      No 3 - Garbage Removal

      No 4 - Council Land

      No 5 - Caravans and Camping

      No 6 - Fire Prevention

      No 7 - Creatures

   Yorketown -

      No 1 - Permits and Penalties

      No 2 - Moveable Signs

      No 3 - Garbage Disposal

      No 4 - Council Land

      No 5 - Caravans and Camping

      No 6 - Fire Prevention

           No 7 - Creatures

 

9    Questions

     Questions without notice were asked.

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

     Questions without notice resumed.

 

10   Grievance debate

The Speaker proposed - That the House note grievances.

Debate ensued.

 

     Acting Speaker’s Ruling - Sub Judice - Disagreement to

The Acting Speaker (Mr Bass), on a point of order being raised, ruled that the subject matter of the debate was sub judice.

     Objection being taken to the ruling of the Acting Speaker by Mr Atkinson.

The Speaker having resumed the Chair, the Acting Speaker reported that his ruling had been objected to.

     The Speaker upheld the Acting Speaker’s ruling.

     Mr Atkinson moved - That the ruling of the Speaker be disagreed with.

     Debate ensued.

     Question put.

    
House divided (No 1):

 


           Ayes, 10.

 

Hon F T Blevins

Mr Clarke

Mr De Laine

Mrs Geraghty

Ms Hurley

Mr Quirke

Hon M D Rann

Ms Stevens

Ms White

Mr Atkinson (Teller)


   Noes, 31.

 

Hon H Allison

Mr Andrew

Hon M H Armitage

Hon E S Ashenden

Mr Bass

Mr Becker

Mr Brindal

Hon D C Brown

Mr Buckby

Mr Caudell

Mr Condous

Mr Cummins

Mr Evans

Mrs Greig

Mrs Hall

Hon R G Kerin

Mrs Kotz

Mr Leggett

Mr Lewis

Hon W A Matthew

Mr Meier

Hon J W Olsen

Mr Oswald

Mrs Penfold

Mrs Rosenberg

Mr Rossi

Mr Scalzi

Hon R B Such

   Mr Wade

Hon D C Wotton

Hon S J Baker (Teller)

 

  


     So it passed in the negative.

 

     Grievance debate

     Debate (interrupted by the foregoing motion) resumed.

Question put and passed.

 

11   Public Works Committee - Substitution of Members

The Minister for Industry, Manufacturing, Small Business and Regional Development, by leave, moved - That Mr Evans and Mr Oswald be appointed to the Public Works Standing Committee in place of Hon E S Ashenden and Hon R G Kerin.

   Question put and passed.

 

12   Racial Vilification Bill

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

Debate resumed.

 

13   Extension of time for adjournment

The Premier moved - That the time for moving the adjournment of the House be extended beyond 10.00 p.m.

Question put and passed.

 

14   Racial Vilification Bill

     Debate (interrupted by the foregoing motion) resumed.

     Question put and passed.

 

     Bill read a second time.

 

In Committee

                        Clauses Nos 1 and 2 agreed to.

                        Clause No 3 read.

     Mr Rann moved on page 1, line 22, after the words “associates,” to insert the words “and “racial” has a corresponding meaning”;.

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

                        Clause agreed to.

                        Clause No 4 amended and agreed to.

                        Clause No 5 agreed to.

                        Clause No 6 amended and agreed to.

                        Clause No 7 amended.

     Question - That the clause, as amended, be agreed to - put.

     Committee divided (No 2)

 


           Ayes, 29

 

Hon M H Armitage

Mr Ashenden

Hon S J Baker

Mr Bass

Mr Becker

Mr Brindal

Mr Brokenshire

Mr Caudell

Mr Condous

Mr Cummins

Mr Evans

Mrs Greig

Hon G M Gunn

Mrs Hall

Hon G A Ingerson

Mr Kerin

Mrs Kotz

Mr Leggett

Mr Lewis

Hon W A Matthew

Mr Meier

Mr Oswald

Mrs Penfold

Mrs Rosenberg

Mr Rossi

Mr Scalzi

Mr Wade

Hon D C Wotton

Hon D C Brown (Teller)


   Noes, 11.

 

Mr Atkinson

Hon F T Blevins

Mr Clarke

Mr De Laine

Mr Foley

Mrs Geraghty

Ms Hurley

Mr Quirke

Ms Stevens

Ms White

Hon M D Rann (Teller)


 

     So it was resolved in the affirmative.

 

                        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.

 

Bill read a third time and passed.

 

15   Message from the Legislative Council

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

 

     Births, Death and Marriage Registration Bill            Message No 60

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act about the registration of births, deaths and marriages and related matters to which it desires the concurrence of the House of Assembly.

     Legislative Council, 6 February 1996              H P K Dunn, PRESIDENT

 

Bill read a first time.

Ordered - That the second reading be an Order of the Day for tomorrow.

 

16   Adjournment

     House adjourned at 10.22 p.m. until tomorrow at 2.00 p.m.

 

____________

 

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

For Wednesday 7 February 1996

   Notices of Motion: Government Business-

 

The Treasurer to move - That he have leave to introduce a Bill for an Act for the appropriation of money from the Consolidated Account for the financial year ending on 30 June 1997.

 

The Treasurer to move - That he have leave to introduce a Bill for an Act to provide for privatisation of the South Australian Timber Corporation; to amend the South Australian Timber Corporation Act 1979; and for other purposes.

 

The Deputy Premier to move - That he have leave to introduce a Bill for an Act to amend the Electoral Act 1985.

 

The Minister for Recreation, Sport and Racing to move - That he have leave to introduce a Bill for an Act to amend the Racing Act 1976.

 

For Thursday 8 February 1996

   Notices of Motion: Other Motions-

 

Hon H Allison to move - That this House is of the opinion that, with the objective of protecting the long term socio-economic interests of South Australia with respect to forest production and timber processing, the Government must retain control over the annual rate of cutting timber and of the age and location of timber when felled and must not sell broad acres of forestry holdings in the South East.

 

Ms Stevens to move - That this House expresses its concern that the Government and in particular the Minister for Health have failed to resolve issues associated with the Naracoorte and Millicent swimming lakes and calls on the Government to take the necessary steps to enable the lakes to be re-opened for the remainder of this summer and to provide assistance to the respective Corporations to upgrade these essential community facilities for future seasons.

 

____________

 

   Present during the day - All Members except Mr Venning.

 

 

 

 

 

 

                                                  G M Gunn

G D Mitchell                                            SPEAKER

CLERK OF THE HOUSE OF ASSEMBLY