No 22

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

TUESDAY 25 NOVEMBER 2003

 

 

1       Meeting of House

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

 

2        Message from the Governor

         The following Message from the Governor was received and read:

 

         Assent to Bills                                                                                         Message No 7

         The Governor informs the House of Assembly that, in the name and on behalf of Her Majesty the Queen, the following Acts were assented to during the third Session of the 50th Parliament, viz. –

No 47 of 2003 -      An Act to amend the University of Adelaide Act 1971.

No 48 of 2003 -      An Act to amend the Lottery and Gaming Act 1936.

No 49 of 2003 -      An Act to amend the Judges’ Pensions Act 1971, the Parliamentary Superannuation Act 1974, the Police Superannuation Act 1990, the Southern State Superannuation Act 1994 and the Superannuation Act 1988.

No 50 of 2003 -      An Act to amend the Authorised Betting Operations Act 2000.

No 51 of 2003 -      An Act to amend the National Electricity (South Australia) Act 1996.

Government House, 25 November 2003                               M Jackson-Nelson, GOVERNOR

 

3       Petitions Nos 31 and 32

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

 

31   The Minister for Tourism, (Hon J D Lomax-Smith), from 825 electors of South Australia, requesting the House to urge the Government to amend legislation to enable the North Adelaide Football Club to continue trading, with a gaming licence, at 255 Main North Road, Sefton Park.

 

32   The Minister for Tourism, (Hon J D Lomax-Smith), from 156 members of the Prospect Primary School Community, requesting the House to urge the Government to reconsider its decision not to fund the redevelopment of the Prospect Primary School.

 

4       Answers to questions

Answers to questions on the Notice Paper Nos 4, 28, 32, 118, 135, 137, 140, 156, 158 and 170 and questions without notice were tabled by the Speaker.

 

5       Papers

         The Speaker laid on the Table the following report:

 

Auditor General – Agency Audit Reports – Supplementary

Ordered to be published (Paper No 4A).

 

 

 

         The following Papers were tabled:

 

By the Minister for Consumer Affairs (Hon M J Atkinson) –

      Regulations under the following Act –

Liquor Licensing –

      General –Gladstone High School

      Short Term Dry Areas –Tumby Bay

 

By the Minister for Health (Hon L Stevens) –

      Abortions Notified in South Australia, Committee Appointed to Examine and Report on – Report 2002-2003

Institute of Medical and Veterinary Science – Report 2002-2003

Southern Yorke Peninsula Health Service Inc. – Report 2002-2003

 

By the Minister for Education and Children’s Services (Hon P L White) –

      Children's Services – Report 2002-2003

 

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

      Regulations under the following Act –

     Native Vegetation – River Murray

 

By the Minister for the River Murray (Hon J D Hill) –

      Regulations under the following Act –

                  River Murray – Protection Areas

 

By the Minister for Transport (Hon M J Wright) –

      Regulations under the following Act –

                  Harbors and Navigation – River Murray

 

By the Minister for Industrial Relations (Hon M J Wright) –

      Regulations under the following Act –

                  Occupational Health, Safety and Welfare – Chrysolite Asbestos

 

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

      Dairy Authority of South Australia – Report 2002-2003

 

By the Minister for Urban Development and Planning (Hon J W Weatherill) –

      Regulations under the following Act –

                  Development – River Murray.

 

6       Social Development Committee - Reports – Inquiry into Supported Accommodation

Mr Snelling brought up the Eighteenth Report of the Committee on Supported Accommodation.

Report received.

 

7       Questions

Questions without notice were asked.

 

8       Grievance debate

On motion of the Speaker, the House noted grievances.

 

9       Speaker's Statement - Privilege

The Speaker stated that he had received correspondence from Mr Brindal wherein the Member referred to alleged actions taken by people in making public comment and publishing material which may have been done with the specific purpose of impairing his capacity as a Member to properly discharge his duty.  On considering the Member’s correspondence, the Speaker was of the view that precedence should be given to any motion the House may wish to consider in relation to this matter, as  the actions complained of, if done to prevent the Member from doing his duty is a serious breach of parliamentary privilege.

 

 

10      Message from the Legislative Council

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

 

         Education (Materials and Services Charges) Amendment Bill                Message No 24

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Education Act 1972, with the amendments indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

      Legislative Council, 25 November 2003                                      R R Roberts, PRESIDENT

 

Schedule of the amendments made by the Legislative Council

Amendment No. 1.

Clause 5, page 4, after line 22—

Insert:

              (12a)      The Director-General must, at the request of the school council, make services available (free of charge) to the school council for the recovery of outstanding materials and services charges.

Amendment No. 2.

Clause 5, page 5, after line 7—

Insert:

              (15)        This section will expire on 1 September 2005.

 

J M Davis, Clerk of the Legislative Council

 

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

 

11      Postponement of business

Ordered, severally - That Orders of the Day: Government Business Nos 1 and 2 be postponed and taken into consideration after Order of the Day: Government Business No 3.

 

12      Statutes Amendment (Expiation of Offences) Bill

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

 

In Committee

Hon G M Gunn’s amendment further considered.

 

Question – That new clause No 10A be inserted – put.

 

         Committee divided (No 1):

 

           Ayes, 21

 

           Noes, 23

Mr Brindal

Ms Bedford

Mr Brokenshire

Ms Breuer

Hon D C Brown

Mr Caica

Hon M R Buckby

Ms Ciccarello

Ms Chapman

Hon P F Conlon

Hon I F Evans

Hon K O Foley

Mr Goldsworthy

Hon J D Hill

Mrs Hall

Hon S W Key

Mr Hamilton-Smith

Mr Koutsantonis

Mr Hanna

Hon J D Lomax-Smith

Hon D C Kotz

Hon I P Lewis

Hon W A Matthew

Hon R J McEwen

Ms Maywald

Mr O'Brien

Dr McFetridge

Ms Rankine

Mr Meier

Hon M D Rann

Mrs Penfold

Mr Rau

Mrs Redmond

Mr Snelling

Mr Scalzi

Hon L Stevens

Mr Venning

Ms Thompson

Mr Williams

Hon J W Weatherill

Hon G M Gunn (Teller)

Hon P L White

 

Hon M J Wright

 

Hon M J Atkinson (Teller)

 

         So it passed in the negative.

 

Clause No 11 read.

 

         To report progress and ask leave to sit again.

 

____________

 

         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      Education (Materials and Services Charges) Amendment Bill

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

 

In Committee

 

Resolved – That the amendments be agreed to.

 

____________

 

         The House having resumed:

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

 

14      Statutes Amendment (Expiation of Offences) Bill

         Ordered - That the further consideration in Committee of this Bill be now resumed.

 

In Committee

Clauses Nos 11 and 12 agreed to.

Title agreed to.

 

____________

 

 

         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      National Environment Protection Council (South Australia) (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.

 

         Proceeded, by leave, to the third reading.

 

         Bill read a third time and passed.

 

16      Zero Waste SA Bill

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

 

Hon I F Evans moved – That the debate be further adjourned.

Question put.

 

         House divided (No 2):

 

           Ayes, 20

 

           Noes, 24

Mr Brindal

Hon M J Atkinson

Mr Brokenshire

Ms Bedford

Hon D C Brown

Ms Breuer

Hon M R Buckby

Mr Caica

Ms Chapman

Ms Ciccarello

Mr Goldsworthy

Hon P F Conlon

Hon G M Gunn

Hon K O Foley

Mrs Hall

Mr Hanna

Mr Hamilton-Smith

Hon S W Key

Hon R G Kerin

Mr Koutsantonis

Hon D C Kotz

Hon J D Lomax-Smith

Ms Maywald

Hon R J McEwen

Dr McFetridge

Mr O'Brien

Mr Meier

Ms Rankine

Mrs Penfold

Hon M D Rann

Mrs Redmond

Mr Rau

Mr Scalzi

Mr Snelling

Mr Venning

Hon L Stevens

Mr Williams

Hon R B Such

Hon I F Evans (Teller)

Ms Thompson

 

Hon J W Weatherill

 

Hon P L White

 

Hon M J Wright

 

Hon J D Hill (Teller)

 

         So it passed in the negative.

 

Debate resumed.

 

17      Extension of sitting

Ordered, on motion of the Minister for Environment and Conservation - That the sitting of the House be extended beyond 6.00 pm.

 

18      Zero Waste SA Bill

Debate (interrupted by the foregoing) resumed.

         Question put and passed.

 

         Bill read a second time.

 

In Committee

Clause No 1 agreed to.

Clause No 2 read.

 

 

         To report progress and ask leave to sit again.

 

____________

 

         The House having resumed:

Ms Thompson 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 tomorrow.

 

19      Paper

         The following Paper was tabled:

 

By the Minister for Infrastructure (Hon P F Conlon) –

      Patawalonga Seawater Circulation and Stormwater Outlet System Report.

 

 

 

20      Adjournment

The Minister for Infrastructure, moved – That the House do now adjourn.

Debate ensued.

Question put and passed.

House adjourned at 6.23 pm until tomorrow at 2.00 pm.

 

 

 

 

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MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

            For Wednesday 26 November 2003

 

Notices of Motion: Government Business -

 

The Attorney-General to move – That he have leave to introduce a Bill for an Act to amend the Constitution Act 1934 and the Parliament (Joint Services) Act 1985.

 

The Attorney-General to move – That he have leave to introduce a Bill for an Act to amend the Liquor Licensing Act 1997.

 

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

 

Mr Brindal to move – That for the remainder of the Session

(a)           eight Members be appointed to a Privilege Committee Panel from which four are selected by the Clerk drawing lots to meet with the Speaker (who presides) to examine any matter relating to privilege that the House resolves to refer to a Privilege Committee;

(b)           If any Member of the Panel or the Speaker has a direct interest in the matter referred to a Committee, they must declare that interest and must not sit on that Committee. If the Speaker is so precluded or otherwise unavailable, the Deputy Speaker presides and If the Deputy Speaker is also precluded or otherwise unavailable, a fifth Member of the Panel is drawn and the Committee so formed will appoint one of its Members to preside; and

(c)           the referral of any matter to a Committee must be by motion of which notice has been given or to which precedence is given in accordance with Standing Order 132.

 

Mr Hanna to move – That he have leave to introduce a Bill for an Act to amend the Environment Protection Act 1993.

 

Mr Snelling to move – That the Eighteenth Report of the Social Development Committee entitled Inquiry into Supported Accommodation, be noted.

 

            For Thursday 27 November 2003

 

Notice of Motion: Other Motion -

 

Hon I F Evans to move – That for the remaider of the Session 

(a)           Condolence motions relating to former Members of the current Parliament may be moved immediately after Prayers; and

(b)           other Condolence motions shall be moved after Questions with out Notice and before Grievances, unless the House determines otherwise.

 

 

 

            For Wednesday 3 December 2003

 

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

 

Mr Venning to move – That he have leave to introduce a Bill for an Act to amend the Road Traffic Act 1961.

 

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Present during the day - All Members.

 

 

         The following Pairs were handed in at the Table during the days proceedings:

 

         Division No 1 -

               Ayes - Hon R G Kerin

               Noes - Mrs Geraghty

 

         Division No 2 -

               Ayes - Hon W A Matthew

               Noes - Mrs Geraghty.

 

 

 

 

 

 

 

 

                                                                                                                        Peter Lewis

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY