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No.23

 

 

VOTES AND PROCEEDINGS

 

 

OF THE

 

 

HOUSE OF ASSEMBLY

 

____________

 

 

WEDNESDAY 7 NOVEMBER 1990

 

 

1          Meeting of House

The House met pursuant to adjournment.  The Speaker (Hon. N.T. Peterson) took the Chair and read prayers.

 

2          Petition No.53

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

 

53    Mr Matthew, from 316 residents of South Australia, requesting that the House urge the Government to support the proposed Seacliff Tennis and Hockey Complex.

 

3          Answers to questions

Answers to questions without notice were tabled by the Speaker.

 

4          Joint Committee on Subordinate Legislation ‑ Minutes of Proceedings

Mr McKee, by leave, brought up the Joint Committee on Subordinate Legislation Minutes of Proceedings of 7 November.

Minutes received.

 

5          Joint Committee on Subordinate Legislation ‑ Minutes of Evidence

Mr McKee brought up the Minutes of Evidence given before the Joint Committee on Subordinate Legislation on:

        (a)   District Council of Clare ‑ Mintaro State Heritage Area Supplementary Development Plan;

        and

        (b)   Food Act Regulations ‑ Colouring of Prawns.

Minutes received.

 

6          Joint Committee on Subordinate Legislation ‑ Report

Mr McKee brought up the Third Report, 1990 (Second Session), of the Joint Committee on Subordinate Legislation.

Report received and read as follows:

 


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The Regulation and By‑laws listed hereunder are at present being considered by the Joint Parliamentary Committee on Subordinate Legislation.  Evidence is being taken on these matters and it is necessary for Notices of Motion for disallowance to be given in both Houses before the expiration of 14 sitting days to allow the Committee time to complete its deliberations.

Honourable Members are warned that after further consideration has been given to the Regulation and By‑laws, the Committee may decide to take no further action.

Regulation referred to:

Land Agents, Brokers and Valuers Act ‑ Education Programs;

By‑laws referred to:

Corporation of Glenelg ‑

        By‑law No. 3 ‑ Vehicle Movement;

        By‑law No. 4 ‑ Streets and Public Places.

 

7          Questions

Questions without notice were asked.

 

8          Senior Secondary Assessment Board of South Australia Act Amendment Bill

The Minister of Education (Hon. G.J. Crafter), pursuant to notice, moved ‑  That he have leave to introduce a Bill for an Act to amend the Senior Secondary Assessment Board of South Australia Act, 1983.

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 S.J. Baker, that the debate be adjourned until tomorrow.

 

9          Housing Co‑operatives Bill

The Minister of Housing and Construction (Hon. M.K. Mayes), pursuant to notice, moved ‑ That he have leave to introduce a Bill for an Act to make provision for the registration, incorporation and regulation of housing co‑operatives; 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 Brindal, that the debate be adjourned until tomorrow.

 

10       Residential Tenancies Act Amendment Bill

The Minister of Housing and Construction, pursuant to notice, moved ‑ That            he have leave to introduce a Bill for an Act to amend the Residential Tenancies Act, 1978.

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 Lewis, that the debate be adjourned until tomorrow.


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11       Postponement of business

Ordered ‑ That Notice of Motion (Government Business) No. 4 be a Notice of Motion for tomorrow.

 

12       Soil Conservation and Land Care Act Amendment Bill

Order of the Day read for the adjourned debate on the question ‑ That the Soil Conservation and Land Care Act Amendment Bill be now read a second time.

Debate resumed.

Question put and passed.

 

Bill read a second time.

By leave, the House proceeded to the third reading.

 

Bill read a third time and passed.

 

13       Summary Offences Act Amendment Bill (No.2)

Order of the Day read for the adjourned debate on the question ‑ That the Summary Offences Act Amendment Bill (No. 2) be now read a second time.

Debate resumed.

Question put and passed.

 

Bill read a second time.

By leave, the House proceeded to the third reading.

 

Bill read a third time and passed.

 

14       Road Traffic Act Amendment Bill (No. 3)

Order of the Day read for the adjourned debate on the question ‑ That the Road Traffic Act Amendment Bill (No. 3) be now read a second time.

Debate resumed.

 

15       Messages from the Legislative Council

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

 

Tobacco Products Control Act Amendment Bill                                                               Message No. 22

MR SPEAKER ‑ The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Tobacco Products Control Act, 1986, to which it desires the concurrence of the House of Assembly.

Legislative Council, 7 November 1990                                                                  G.L. Bruce, PRESIDENT

 

Bill read a first time.

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

 

Landlord and Tenant Act Amendment Bill (No. 2)                                                            Message No. 23

MR SPEAKER ‑ The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Landlord and Tenant Act, 1936, without any amendment.

Legislative Council, 7 November 1990                                                                  G.L. Bruce, PRESIDENT

 

Technical and Further Education Act Amendment Bill                                   Message No. 24

MR SPEAKER ‑ The Legislative Council has agreed to the Bill returned

herewith, titled an Act to amend the Technical and Further Education Act, 1976, without any amendment.

Legislative Council, 7 November 1990                                                                  G.L. Bruce, PRESIDENT


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16       Road Traffic Act Amendment Bill (No. 3)

Debate (interrupted by receipt of the foregoing Messages) resumed.

Question put and passed.

 

Bill read a second time.

 

In Committee

 

                                                                    Clauses Nos 1 to 5 agreed to.

                                                                    Clause No. 6 read.

Hon. D.C. Wotton moved on page 2, lines 38 to 46, to leave out subsections (1),(2) and (3) and substitute in lieu thereof new subsection as follows:

(1)   A person must not ‑

        (a)   sell, offer for sale or use a radar detector or jammer;

        or

        (b)   drive a motor vehicle that contains a radar detector or jammer.

Question ‑ That amendment be agreed to ‑ put.

Committee divided (No. 1):

Ayes, 22.

Hon. H. Allison

Dr Armitage

Mr D.S. Baker

Mr S.J. Baker

Mr Becker

Mr Blacker

Mr Brindal

Hon. J.L. Cashmore

Hon. T. Chapman

Hon. B.C. Eastick

Mr S.G. Evans

Hon. E.R. Goldsworthy

Mr Gunn

Mr Ingerson

Mrs Kotz

Mr Lewis

Mr Matthew

Mr Meier

Mr Oswald

Mr Such

Mr Venning

Hon. D.C. Wotton (Teller)

Noes, 22.

Hon. L.M.F. Arnold

Mr Atkinson

Hon. J.C. Bannon

Hon. G.J. Crafter

Mr De Laine

Mr Ferguson

Hon. R.J. Gregory

Mr Groom

Mr Hamilton

Hon. T.H. Hemmings

Mr Heron

Mr Holloway

Hon. D.J. Hopgood

Mrs Hutchison

Hon. J.H.C. Klunder

Mr McKee

Hon. M.K. Mayes

Hon. N.T. Peterson

Mr Quirke

Hon. M.D. Rann

Hon. J.P. Trainer

Hon. F.T. Blevins (Teller)

 

Casting vote

The number of Ayes and Noes being equal, the Chairman gave his casting vote for the Noes.

So it passed in the negative.

                                                    Clause agreed to.

                                                    Clause No. 7 amended and agreed to.

                                                    Clauses Nos 8 to 10 agreed to.

                                                    Clause No. 11 read.

Hon. D.C. Wotton moved on page 5, line 14, to leave out the word "and", and after line 15, to insert new paragraphs as follow:


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(d)   by striking out paragraph (a) of subsection (5) and substituting the following paragraph:

        (a)   a statement that a copy of the photographic evidence on which the allegation is based ‑

                (i)    will, on written application to the Commissioner of Police by the person to whom the traffic                                    infringement notice or summons is issued, be sent by post to the address nominated in that application                              or (in the absence of such a nomination) to the address of the registered owner;

                and

                 (ii)  may be viewed on application to the Commissioner of Police;

(e)   by striking out from subsection (6) "stating that a copy of the photographic evidence may be viewed on application to the Commissioner of Police" and substituting "stating that a copy of the photographic evidence ‑

        (i)    will, on written application to the Commissioner of Police by the person to whom the traffic infringement            notice or summons is issued, be sent by post to the address nominated in that application or (in the absence             of such a nomination) to the address of the registered owner;

                and

         (ii)  may be viewed on application to the Commissioner of Police.;

(f)    by inserting after subsection (9) the following subsection:

        (9a)  A photographic detection device may, for the purpose of obtaining evidence of the commission of a prescribed offence, be programmed, positioned, aimed and operated so that a photograph is taken of a                vehicle‑‑

                (a)   in the case of an offence against section 75(1) ‑ from the rear of the vehicle;

                or

                (b)   in the case of a prescribed offence other than an offence against section 75(1) ‑ from either the front or                       the rear of the vehicle.;

(g)   by inserting in subparagraph (ii) of paragraph (a) of subsection (10) "this Act and" after "the requirements of" and

(h)   by inserting in subparagraph (ii) of paragraph (b) of subsection (10) "this Act and" after "that the requirements of".        Question ‑ That the amendment be agreed to ‑ put and negatived.

                                                                    Clause agreed to.

                                                                    Clauses Nos 12 and 13 agreed to.

                                                                    Title agreed to.

____________

 

The House having resumed:

Mr M.J. Evans reported that the Committee had considered the Bill referred to it and had agreed to the same with an amendment.

 

The Minister of Transport (Hon. F.T. Blevins) moved ‑ That this Bill be now read a third time.

Debate ensued.

Division, only one No

Question put and the House proceeded to a division, but only one Member appearing on the side of the Noes, the Speaker declared the Ayes had it.

 

Bill read a third time and passed.


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17       Message from the Legislative Council

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

 

Adelaide Children's Hospital and Queen Victoria Hospital

        (Testamentary Dispositions) Bill                                                                                 Message No. 25

MR SPEAKER ‑ The Legislative Council has passed the Bill transmitted herewith, titled an Act to construe certain testamentary dispositions in favour of the Adelaide Children's Hospital Incorporated and the Queen Victoria Hospital Incorporated to be in favour of the Adelaide Medical Centre for Women and Children; and for other purposes, to which it desires the concurrence of the House of Assembly.

Legislative Council, 7 November 1990                                                                                  G.L. Bruce, PRESIDENT

 

Bill read a first time.

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

 

18       Extension of time for adjournment

The Minister of Transport moved ‑ That the time for moving the adjournment of the House be extended beyond 10.00 p.m.

Question put and passed.

 

19       Rural Industry Adjustment (Ratification of Agreement) Bill

Order of the Day read for the adjourned debate on the question ‑ That the Rural Industry Adjustment (Ratification of Agreement) Bill be now read a second time.

Debate resumed.

Ordered, on motion of the Minister of Agriculture (Hon. L.M.F. Arnold), by leave, that debate be adjourned until tomorrow.

 

20       Adjournment

House adjourned at 11.37 p.m. until tomorrow at 11.00 a.m.

 

____________

 

 

Present during the day ‑ All the Members.

 

The following Pair was handed in at the Table during the days proceedings:

 

        Division No. 1 ‑

        Ayes ‑ Hon. P.B. Arnold.

        Noes ‑ Hon. S.M. Lenehan.

 

 

 

 

 

                                                                                                                                                    N.T. Peterson

                                                                                                                                                    SPEAKER

G.D. Mitchell

CLERK OF THE HOUSE OF ASSEMBLY