No 23

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

THURSDAY 25 NOVEMBER 2004

 

 

1       Meeting of House

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

 

2       Speaker's Statement – Tabling Documents

The Speaker advised the House that when a Minister quotes from a document and an honourable Member requests its tabling, the tabling of the document is required in the interest of fully informing both the House and public of the source and authorities being relied upon.  The Speaker further stated that the quoted document be provided to the Speaker and if it contains information the disclosure of which would be in the opinion of the Speaker against the public interest, that information would be deleted from the document and tabled or if it would be ordered that it cannot be tabled.  The Speaker then directed the Minister for Administrative Services to provide the document quoted in his Ministerial Statement yesterday.

 

3       Postponement of business

Ordered - That Notice of Motion: Other Motions No 1 be postponed and taken into consideration after Notice of Motion: Other Motions No 8.

 

4       Postponement of business

Ordered - That Notice of Motion: Other Motions No 2 be postponed until Thursday 9 December.

 

5       Postponement of business

Ordered - That Notice of Motion: Other Motions No 3 be postponed and taken into consideration after Notice of Motion: Other Motions No 8.

 

6       Keiran Modra – 2004 Paralympian - Motion re

Mrs Penfold, pursuant to notice, moved - That this House congratulates the South Australian cyclist, Keiran Modra and all Australian athletes who competed in the 2004 Athens Paralympics.

         Debate ensued.

         Ordered, on motion of Mrs Redmond, that the debate be adjourned until Thursday 9 December.

 

7       Port Power 2004 AFL Premiership - Motion re

Mrs Penfold, pursuant to notice, moved - That this House congratulates Port Power on their magnificent AFL Grand Final victory and in particular, the contribution that the players from Eyre Peninsula made on this historic occasion .

         Debate ensued.

         Ordered, on motion of Mrs Redmond, that the debate be adjourned until Thursday 9 December.

 

8       Central Districts – 2004 SANFL Premiers - Motion re

Mr O’Brien, pursuant to notice, moved - That this House congratulate the Central Districts Football Club for winning the 2004 South Australian National Football League Grand Final and seizing their fourth premiership in the last five seasons of the competition.

         Debate ensued.

         Question put and passed.

 

9       Police Medal Criteria - Motion re

Mr Venning, pursuant to notice, moved - That this House calls on the Minister for Police to expand the criteria for awarding the South Australian Police Medal to allow for the medal to be awarded retrospectively to retired police officers in recognition of their meritorious, diligent and dedicated service irrespective of when they served, and to consider supplying the extra resources for SAPOL to undertake the exercise.

         Question put and passed.

 

10      Withdrawal of Business

The Deputy Speaker directed that Notice of Motion: Other Motions No 8 standing in the name of Mr Venning, be withdrawn from the Notice Paper, as the motion would anticipate an Order of the Day on the Notice Paper.

 

11      Statement of Principles for Members of Parliament - Code of Conduct – Motion re

Mr Rau, pursuant to notice, moved - That this House adopt the following Statement of Principles (as set out in Appendix B of the Report of the Joint Committee on a Code of Conduct for Members of Parliament) –

                          I.                  Members of Parliament are in a unique position of being accountable to the electorate. The electorate is the final arbiter of the conduct of Members of Parliament and has the right to dismiss them from office at elections.

                         II.                  Members of Parliament have a responsibility to maintain the public trust placed in them by performing their duties with fairness, honesty and integrity, subject to the laws of the State and rules of the Parliament, and using their influence to advance the common good of the people of South Australia.

                       III.                  Political parties and political activities are a part of the democratic process.  Participation in political parties and political activities is within the legitimate activities of Members of Parliament. 

                      IV.                  Members of Parliament should declare any conflict of interest between their private financial interests and decisions in which they participate in the execution of their duties.  Members must declare their interests as required by the Members of Parliament (Register of Interests) Act 1983 and declare their interests when speaking on a matter in the House or a Committee in accordance with the Standing Orders.

                       V.                  A conflict of interest does not exist where the Member is only affected as a member of the public or a member of a broad class.

                      VI.                  Members of Parliament should not promote any matter, vote on any bill or resolution, or ask any question in the Parliament or its Committees, in return for any financial or pecuniary benefit.

                    VII.                  In accordance with the requirements of the Members of Parliament (Register of Interests) Act 1983, Members of Parliament should declare all gifts and benefits received in connection with their official duties, including contributions made to any fund for a Member’s benefit.

                   VIII.                  Members of Parliament should not accept gifts or other considerations that create a conflict of interest.

                       IX.                  Members of Parliament should apply the public resources with which they are provided for the purpose of carrying out their duties.

                        X.                  Members of Parliament should not knowingly and improperly use official information, which is not in the public domain, or information obtained in confidence in the course of their Parliamentary duties, for private benefit.

                       XI.                  Members of Parliament should act with civility in their dealings with the public, Ministers and other Members of Parliament and the Public Service.

                     XII.                  Members of Parliament should always be mindful of their responsibility to accord due respect to their right of freedom of speech within Parliament and not to misuse this right, consciously avoiding undeserved harm to any individual.

And that a message be sent to the Legislative Council transmitting the foregoing resolution and requesting its concurrence thereto.

         Debate ensued.

         Ordered, on motion of Mr Meier, that the debate be adjourned until Thursday 9 December.

 

12      Postponement of business

Ordered, separately - That Notices of Motion: Other Motions Nos 1 and 3 be postponed until Thursday 9 December.

 

13      University of South Australia – Underdale Campus Sale - Motion re

Hon R B Such, pursuant to notice, proceeding to move - That this House expresses its concern at the process and outcome which has resulted in the sale of the Underdale Campus of the University of South Australia.

 

____________

 

It being 1.00 pm, the motion was adjourned (Hon R B Such, by leave) and made an Order of the Day for Thursday 9 December.

____________

 

 

14      Petition No 34

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

 

34   Mrs Penfold, from 516 residents of South Australia, requesting the House to urge the Minister for Health to advise the Mid West Health Service to refuse to accept the resignation of Dr Piet du Toit,  have an independent body investigate and report to Parliament on alleged problems with the Central Eyre Peninsula Hospital, associated boards and agencies and investigate further allegations of harassment and intimidation in the delivery of regional health care by the Department of Health.

 

15      Papers

         The Speaker laid on the Table the following Papers:

 

      Auditor-General Report on the Basketball Association of South Australia Incorporated

      (Paper No 4A)

      City of Whyalla – Report 2003-2004

      Employee Ombudsman, Office of – Report 2003-2004

      Ombudsman South Australia – Report 2003-2004. (Paper No 76).

 

         The following Papers were tabled:

 

By the Minister Assisting the Premier in Economic Development (Hon K O Foley) –

      Venture Capital Board and Office of the Venture Capital Board – Report 2003-2004

 

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

      Department for Correctional Services – Report 2003-2004

 

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

      Actuarial Investigation of the State and Sufficiency of the Construction Industry Fund – Report 2003-2004

      Construction Industry Long Service Leave Board – Report 2003-2004.

 

16      Questions

Questions without notice were asked.

Ordered on motion of the Minister for Infrastructure (Hon P F Conlon) - That the period for asking questions without notice be extended by 1 minute.

Questions without notice resumed.

 

17      Grievance debate

On motion of the Speaker, the House noted grievances.

 

 

 

18      Next day of sitting

Ordered, on motion of the Deputy Premier (Hon K O Foley) - That the House at its rising adjourn until Monday 6 December at 2.00 pm.

 

19      First Home Owner Grant (Miscellaneous) Amendment Bill

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

         The Deputy Premier (Hon K O Foley) moved - That this Bill be now read a second time.

         Ordered, on motion of Hon I F Evans, that the debate be adjourned until Monday 6 December.

 

20      Industrial Law Reform (Fair Work) Bill

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

 

In Committee

Proposed new Clause No 69B further considered.

Question – That proposed new Clause No 69B be inserted – put.

 

         Committee divided (No 1):

 

           Ayes, 19

           Noes, 23

 

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

Mrs Geraghty

Mr Hamilton-Smith

Mr Hanna

Hon D C Kotz

Hon J D Hill

Hon I P Lewis

Hon S W Key

Hon W A Matthew

Mr Koutsantonis

Mr Meier

Hon J D Lomax-Smith

Mrs Penfold

Hon K A Maywald

Mrs Redmond

Mr O'Brien

Mr Scalzi

Ms Rankine

Mr Venning

Hon M D Rann

Mr Williams

Mr Rau

Hon I F Evans (Teller)

Mr Snelling

 

Hon L Stevens

 

Ms Thompson

 

Hon J W Weatherill

 

Hon M J Wright (Teller)

 

         So it passed in the negative.

 

Mr Hanna moved on page 37, after line 36, to insert a new clause as follows:

69B—Insertion of section 231A

After section 231 insert:

231A—Association may apply for bargaining services fee

(1)         The Commission may, on application by an association that has provided services in relation to the negotiation, making, approval or variation of an industrial instrument under this Act, include in the instrument a provision requiring payment to the association of a fee (a bargaining services fee) by all employees covered by the instrument who are not members of the association.

(2)         On the hearing of an application under subsection (1), the Commission may, for the purpose of—

(a)  determining whether or not to include in an industrial instrument an order for payment of a bargaining services fee; or

(b)  setting the amount of a bargaining services fee,

hear submissions from the association or any party who may be required to pay the fee.

(3)         The Commission must give the association and all employees who may be bound by the instrument at least 14 days notice, in accordance with the procedures prescribed by regulation, of the date of the hearing.

(4)         If the Commission includes in the instrument a provision requiring payment of a bargaining services fee, the Commission must also specify in the instrument—

(a)  the amount of the fee (which may vary between different classes of employees); and

(b)  the period of time within which the fee must be paid.

(5)         The Commission must, in setting any bargaining services fee, take into account the amount that employees pay as a membership fee to belong to the relevant association.

(6)         The Commission may, on application by a person, or class of persons, at any time before or after execution of an instrument, if satisfied that good reason exists for doing so, make an order—

(a)     exempting the person, or persons within the class, from the requirement to pay the fee; or

(b)     if the person, or a person within the class, has paid the fee—requiring the relevant association to refund the fee, or part of the fee; or

(c)     requiring the person, or persons within the class, to pay a reduced fee; or

(d)     extending the time within which the bargaining services fee must be paid.

Examples—

1    The Commission might exempt a person from the requirement to pay the fee, or reduce the amount of the fee in respect of a particular person, because the person, though an employee at the time the instrument is executed, has resigned from his or her employment and will therefore gain little or no benefit from the instrument.

2    If an employee's contract of employment is terminated part way through the duration of an industrial instrument, the Commission might order the association to refund a portion of the fee to the employee.

(7)         An association may enter into an agreement with any person liable to pay a bargaining services fee to extend the time for payment fixed by the Commission or accept payment of the fee in instalments.

(8)         Any bargaining services fee that—

(a)         —

(i) remains unpaid after the time for payment fixed by the Commission has expired; and

(ii)            is not the subject of an agreement under subsection (7); or

(b)         is not paid in accordance with an agreement under subsection (7),

may be recovered as a debt due to the association to which the fee is payable.

(9)         Despite a preceding subsection, the requirement to pay a bargaining services fee ceases if the relevant employee becomes a member of the association (but if the employee becomes a member after proceedings for the recovery of the fee have been commenced under subsection (8) then the employee is still liable to pay to the association an amount, calculated in accordance with the regulations, in respect of those proceedings).

Question – That proposed new Clause No 69B be inserted – put and negatived.

 

Clauses Nos 70 to 76 agreed to.

Clause No 77 read.

 

 

 

 

 

Hon I F Evans moved on page 54, after line 6, to insert:

Schedule 12—Campaign donations—registered associations

1—Interpretation

In this Schedule—

Department means the administrative unit primarily responsible for assisting the Minister in the administration of this Act;

disposition of property means a conveyance, transfer, assignment, settlement, delivery, payment or other alienation of property, and includes—

(a)       the allotment of shares in a company; and

(b)       the creation of a trust in property; and

(c)     the grant or creation of a lease, mortgage, charge, servitude, licence, power or partnership or any interest in property; and

(d)     the release, discharge, surrender, forfeiture or abandonment, at law or in equity, of a debt, contract or chose in action or any interest in property; and

(e)     the exercise by a person of a general power of appointment of property in favour of another person; and

(f)      a transaction entered into by a person with intent thereby to diminish, directly or indirectly, the value of the person's own property and to increase the value of the property of another person;

gift means a disposition of property made by a person to another person, otherwise than by will, being a disposition made without consideration in money or money's worth or with inadequate consideration, and includes the provision of a service (other than volunteer labour) for no consideration or for inadequate consideration;

property includes money.

 

2—Returns by candidates

(1)     A person who is a candidate for election to the governing body of a registered association must, within 6 weeks after the conclusion of the election, furnish to the Chief Executive of the Department a campaign donations return in accordance with the requirements of this Schedule.

(2)     A campaign donations return must set out—

(a)    the total amount or value of all gifts received by the candidate during the disclosure period; and

(b)    the number of persons who made those gifts; and

(c)    the amount or value of each gift; and

(d)    the date on which each gift was made; and

(e)    the name and address of the person who made the gift.

(3)     For the purposes of subclause (2), the disclosure period is the period that commenced—

(a)    in the case of a candidate who is a member of the governing body standing for re-election—30 days after the person was last elected (or, if relevant, appointed) to the governing body, or 12 months before the relevant election, whichever is the earlier;

(b)    in any other case—12 months before the relevant election,

and that ended at the end of 30 days after the day on which voting closed for the relevant election.

(4)      In addition to the requirements of subclause (2)—

(a) if—

(i)     a person is a candidate for election to the governing body of a registered association; and

(ii)    the person is not successful at the election; and

(iii)   the person, within 3 years after the end of the disclosure period that applies under subclause (2), receives a gift (other than a private gift or a gift of less than $250),

the person must, within 6 weeks after the receipt of the gift, furnish to the Chief Executive of the Department a supplementary campaign donations return in accordance with the requirements of this Schedule; or

(b) if—

(i)     a person is elected to governing body of a registered association; and

(ii)    the person does not stand for re-election when his or her term of office expires,

the person must, within 6 weeks after the conclusion of the election to fill his or her vacant office, furnish to the Chief Executive of the Department a supplementary campaign donations return in accordance with the requirements of this Schedule.

(5)      A supplementary campaign donations return must set out—

(a) in the case of a return under subclause (4)(a)—

(i) the amount or value of the gift; and

(ii) the date on which the gift was made; and

(iii) the name and address of the person who made the gift;

(b) in the case of a return under subclause (4)(b)—

(i) the total amount or value of all gifts received by the person during the disclosure period; and

(ii) the number of persons who made those gifts; and

(iii)            the amount or value of each gift; and

(iv)            the date on which each gift was made; and

(v) the name and address of the person who made the gift.

(6)     For the purposes of subclause (5)(b), the disclosure period is the period that commenced at the expiration of the disclosure period that applied with respect to the person's election to the governing body of the registered association (see subclause (5)(b)(i)) and that ended at the conclusion of the election to fill his or her vacant office.

(7)     A return must be in the prescribed form and be completed in the prescribed manner.

(8)     A return need not set out any details in respect of—

(a) a private gift made to the candidate; or

(b) a gift if the amount or value of the gift is less than $250.

(9)      For the purposes of this clause—

(a)  2 or more gifts (excluding private gifts) made by the same person to a candidate during a particular disclosure period are to be treated as 1 gift;

(b)  a gift made to a candidate is a private gift if it is made in a private capacity to the candidate for his or her personal use and the candidate has not used, and will not use, the gift solely or substantially for a purpose related to an election.

(10)    If no details are required to be included in a return under subclause (1) or subclause (4)(b), the return must nevertheless be lodged and must include a statement to the effect that no gifts of a kind required to be disclosed were received.

3—Inability to complete returns

If a person who is required to furnish a return under this Schedule cannot complete the return because he or she is unable (through the taking of reasonable steps) to obtain particulars that are required for the preparation of the return, the person may—

(a)  prepare the return to the extent that it is reasonably possible to do so without those particulars; and

(b)  furnish the return so prepared; and

(c)  give to the Chief Executive of the Department notice in writing—

(i)   identifying the return; and

(ii)  stating that the return is incomplete by reason that he or she is unable to obtain certain particulars; and

(iii) identifying those particulars; and

(iv)  setting out the reasons why he or she is unable to obtain those particulars; and

(v)  if the person believes, on reasonable grounds, that another person whose name and address he or she knows can give those particulars—stating that belief and the reasons for it and the name and address of that other person,

and a person who complies with this clause is not, by reason of the omission of those particulars, to be taken, for the purposes of this Schedule, to have furnished a return that is incomplete.

 

 

4—Amendment of returns

(1)     A person who has furnished a return under this Schedule may request the permission of the Chief Executive of the Department to make a specified amendment of the return for the purpose of correcting an error or omission.

(2)     A request under subclause (1) must——

(a) be by notice in writing signed by the person making the request; and

(b) be lodged with the Chief Executive.

(3)      If—

(a)     a request has been made under subclause (1); and

(b)     the Chief Executive is satisfied that there is an error in, or omission from, the return to which the request relates,

the Chief Executive must amend the return, or permit the person making the request to amend the return, in accordance with the request.

(4)     The amendment of a return under this clause does not affect the liability of a person to be convicted of an offence arising out of the furnishing of the return.

5—Public inspection of returns

(1)     The Chief Executive of the Department must keep at the principal office of the Department each return furnished to the Chief Executive under this Schedule.

(2)     Subject to this clause, a person is entitled to inspect a copy of a return, without charge, during ordinary business hours at the principal office of the Department.

(3)     Subject to this clause, a person is entitled, on payment of a fee fixed by the regulations, to obtain a copy of a return available for inspection under this clause.

(4)     A person is not entitled to inspect or obtain a copy of a return until the end of 8 weeks after the day before which the return was required to be furnished to the Chief Executive.

(5)     The Chief Executive is only required to keep a return under this clause for a period of 3 years following the election to which the return relates.

6—Restrictions on publication

(1)      A person must not publish—

(a)    information derived from a return under this Schedule unless the information constitutes a fair and accurate summary of the information contained in the return and is published in the public interest; or

(b)    comment on the facts set forth in a return under this Schedule unless the comment is fair and published in the public interest and without malice.

(2)     If information or comment is published by a person in contravention of subclause (1), the person, and any person who authorised the publication of the information or comment, is guilty of an offence.

Maximum penalty: $10 000.

7—General offences

(1)     A person who fails to furnish a return that the person is required to furnish under this Schedule within the time required by this Schedule is guilty of an offence.

Maximum penalty: $10 000.

(2)      A person who furnishes a return or other information—

(a)   that the person is required to furnish under this Schedule; and

(b)    that contains a statement that is, to the knowledge of the person, false or misleading in a material particular,

is guilty of an offence.

Maximum penalty: $10 000.

(3)     An allegation in a complaint that a specified person had not furnished a return of a specified kind as at a specified date will be taken to have been proved in the absence of proof to the contrary.

8—Certain gifts not to be received

(1)     It is unlawful for a member of the governing body of a registered association to receive a gift made to or for the benefit of the member the amount or value of which is not less than $250 unless—

(a)  the name and address of the person making the gift are known to the member; or

(b)  at the time when the gift is made, the person making the gift gives to the member his or her name and address and the member has no grounds to believe that the name and address so given are not the true name and address of the person making the gift.

(2)     It is unlawful for a candidate in an election for the governing body of a registered association, or a person acting on behalf of a candidate in an election for the governing body of a registered association, to receive a gift made to or for the benefit of the candidate the amount or value of which is not less than $250 unless—

(a)    the name and address of the person making the gift are known to the person receiving the gift; or

(b)    at the time when the gift is made, the person making the gift gives to the person receiving the gift his or her name and address and the person receiving the gift has no grounds to believe that the name and address so given are not the true name and address of the person making the gift.

(3)      A person who acts in contravention of this section is guilty of an offence.

Maximum penalty: $10 000.

(4)     This clause does not apply in relation to any gift excluded from the ambit of this clause by the regulations.

9—Requirement to keep proper records

(1)     A person must, to such extent as is reasonable in the circumstances, keep in his or her possession all records relevant to completing a return under this Schedule.

Maximum penalty: $5 000.

(2)     A person must keep a record under subclause (1) for at least 3 years after the date on which the relevant return is required to be furnished to the Chief Executive of the Department under this Schedule.

Maximum penalty: $5 000.

10—Failure to comply with Schedule

(1)     If a person who is required to furnish a return under this Schedule fails to submit the return within the time required by this Schedule, the Chief Executive of the Department must as soon as practicable notify the person of that fact.

(2)     A notification under subclause (1) must be given in accordance with the regulations.

(3)     A failure of a person to comply with a provision of this Schedule in relation to an election does not invalidate that election.

11—Related matters

(1)     For the purposes of this Schedule, the amount or value of a gift consisting of or including a disposition of property other than money is, if the regulations so provide, to be determined in accordance with principles set out or referred to in the regulations.

(2)     For the purposes of this Schedule—

(a)    a body corporate and any other body corporate that is related to the first mentioned body corporate is to be taken to be the same person; and

(b)    the question whether a body corporate is related to another body corporate is to be determined in the same manner as under the Corporations Act 2001 of the Commonwealth.

 

Amendment to amendment

Mr Hanna moved to amend the amendment as follows:

   Proposed new Schedule 12, clause 1 –

               Delete the definition of “Department”

   Proposed new Schedule 12, clause 2(1) –

               Delete   “Chief Executive of the Department” and substitute:

                           Registrar

   Proposed new Schedule 12, clause 2 (4)(a) –

               Delete   “Chief Executive of the Department” and substitute:

                           Registrar

   Proposed new Schedule 12, clause 2 (4)(b) –

               Delete   “Chief Executive of the Department” and substitute:                     

                           Registrar

   Proposed new Schedule 12, clause 3 (c) –

               Delete   “Chief Executive of the Department” and substitute:

                           Registrar

   Proposed new Schedule 12, clause 4(1) –

               Delete   “Chief Executive of the Department” and substitute:

                           Registrar

Proposed new Schedule 12, clause 4 (2)(b) –

               Delete   “Chief Executive” and substitute:

                           Registrar

Proposed new Schedule 12, clause 4(3)(b) –

               Delete   “Chief Executive” and substitute:

                           Registrar

Proposed new Schedule 12, clause 4 (3) –

               Delete   “Chief Executive” and substitute:

                           Registrar

Proposed new Schedule 12, clause 5 (1) –

               Delete   subclause (1) and substitute:

(1)  The Registrar must keep at the office of the Registrar each return furnished to the Registrar under this Schedule.

Proposed new Schedule 12, clause 5 (2) –

               Delete subclause (2) and substitute:

(2) Subject to this clause, a person who was a member of the relevant association at the time of an election, and who was eligible to vote at that election, is entitled to inspect a copy of any return furnished under this Schedule in respect of the election, without charge, during ordinary business hours at the office of the Registrar.

Proposed new Schedule 12, clause 5 (3) –

               Delete subclause (3)

Proposed new Schedule 12, clause 5(4) –

               Delete “Chief Executive” and substitute:

                           Registrar

Proposed new Schedule 12, clause 5(5) –

               Delete “Chief Executive” and substitute:

                           Registrar

Proposed new Schedule 12, clause 7(1) –

               Delete “$10 000” and substitute:

                           $750

Proposed new Schedule 12, clause 7(2) –

               Delete “$10 0000” and substitute:

                           $750

Proposed new Schedule 12, clause 8(3) –

               Delete “$10 0000” and substitute:

                           $750

Proposed new Schedule 12, clause 9(1) –

               Delete “$5 000” and substitute:

                           $250

Proposed new Schedule 12, clause 9(2) –

               Delete   “Chief Executive of the Department” and substitute:

                           Registrar

Proposed new Schedule 12, clause 9(2) –

               Delete “$5 000” and substitute:

                           $250

Proposed new Schedule 12, clause 10(1) –

               Delete   “Chief Executive of the Department” and substitute:

                           Registrar

Question – That the amendments to the amendment be agreed to – put.

 

 

 

 

 

 

 

 

 

         Committee divided (No 2):

 

           Ayes, 20

           Noes, 22

 

Mr Brokenshire

Hon M J Atkinson

Hon D C Brown

Ms Bedford

Hon M R Buckby

Ms Breuer

Ms Chapman

Mr Caica

Hon I F Evans

Ms Ciccarello

Mr Goldsworthy

Hon P F Conlon

Hon G M Gunn

Hon K O Foley

Mrs Hall

Mrs Geraghty

Mr Hamilton-Smith

Hon J D Hill

Hon D C Kotz

Hon S W Key

Hon I P Lewis

Mr Koutsantonis

Hon W A Matthew

Hon J D Lomax-Smith

Dr McFetridge

Hon K A Maywald

Mr Meier

Hon R J McEwen

Mrs Penfold

Mr O'Brien

Mrs Redmond

Ms Rankine

Mr Scalzi

Mr Rau

Mr Venning

Mr Snelling

Mr Williams

Hon L Stevens

Mr Hanna (Teller)

Ms Thompson

 

Hon J W Weatherill

 

Hon M J Wright (Teller)

 

         So it passed in the negative.

 

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

 

Clause No 77 agreed to.

Clause No 78 read.

 

Hon I F Evans moved on page 54, lines 26 to 31, to leave out all words in these lines and substitute:

(1)  A member of the Commission holding office immediately before the commencement of this clause may, by notice in writing to the Minister, elect to hold office under section 32 or 35 (as the case requires) of the principal Act, as enacted by this Act.

(2)  If a member of the Commission holding office immediately before the commencement of this clause does not make an election under subsection (1) within 1 month after the commencement of this clause, it will be taken that the member wishes to hold office on the basis on which he or she was appointed and accordingly his or her term of office will cease at the end of the term for which he or she was appointed (unless the term comes to an end under the principal Act sooner), although such a member is then eligible for reappointment under the principal Act as amended by this Act.

Question – That the amendment be agreed to – put.

 

         Committee divided (No 3):

 

           Ayes, 21

           Noes, 21

 

Mr Brokenshire

Hon M J Atkinson

Hon D C Brown

Ms Bedford

Hon M R Buckby

Ms Breuer

Ms Chapman

Mr Caica

Mr Goldsworthy

Ms Ciccarello

Hon G M Gunn

Hon P F Conlon

Mrs Hall

Hon K O Foley

Mr Hamilton-Smith

Mrs Geraghty

Hon D C Kotz

Mr Hanna

Hon I P Lewis

Hon J D Hill

Hon W A Matthew

Hon S W Key

Hon K A Maywald

Mr Koutsantonis

Hon R J McEwen

Hon J D Lomax-Smith

Dr McFetridge

Mr O'Brien

Mr Meier

Ms Rankine

Mrs Penfold

Mr Rau

Mrs Redmond

Mr Snelling

Mr Scalzi

Hon L Stevens

Mr Venning

Ms Thompson

Mr Williams

Hon J W Weatherill

Hon I F Evans (Teller)

Hon M J Wright (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 No 78 agreed to.

Schedule 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 with amendments.

 

21      Extension of time for adjournment

Ordered, on motion of the Minister for Industrial Relations (Hon M J Wright), that the time for moving the adjournment of the House be extended beyond 5.00 pm.

 

22      Industrial Law Reform (Fair Work) Bill

The Minister Industrial Relations (Hon M J Wright), moved – That the Industrial Law Reform (Fair Work) Bill be recommitted for the purpose of reconsidering Clause No 6.

Debate ensued.

Question put.

 

         House divided (No 4):

 

           Ayes, 24

           Noes, 18

 

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

Mrs Geraghty

Mr Hamilton-Smith

Mr Hanna

Hon D C Kotz

Hon J D Hill

Hon W A Matthew

Hon S W Key

Dr McFetridge

Mr Koutsantonis

Mr Meier

Hon J D Lomax-Smith

Mrs Penfold

Hon K A Maywald

Mrs Redmond

Hon R J McEwen

Mr Scalzi

Mr O'Brien

Mr Venning

Ms Rankine

Mr Williams

Mr Rau

Hon I F Evans (Teller)

Mr Snelling

 

Hon L Stevens

 

Hon R B Such

 

Ms Thompson

 

Hon J W Weatherill

 

Hon M J Wright (Teller)

 

 

         So it was resolved in the affirmative.

 

In Committee

Clause No 6 further amended and agreed to.

 

____________

 

         The House having resumed:

Hon R B Such reported that the Committee had considered Clause No 6, agreed to a further amendment and agreed to the clause as further amended.

 

The Minister for Industrial Relations moved - That this Bill be now read a third time.

Debate ensued.

Question put.

 

         House divided (No 5):

 

           Ayes, 22

           Noes, 19

 

Hon M J Atkinson

Mr Brokenshire

Ms Bedford

Hon D C Brown

Ms Breuer

Hon M R Buckby

Mr Caica

Mr Goldsworthy

Ms Ciccarello

Hon G M Gunn

Hon P F Conlon

Mrs Hall

Hon K O Foley

Mr Hamilton-Smith

Mrs Geraghty

Hon D C Kotz

Mr Hanna

Hon W A Matthew

Hon J D Hill

Hon K A Maywald

Hon S W Key

Hon R J McEwen

Mr Koutsantonis

Dr McFetridge

Hon J D Lomax-Smith

Mr Meier

Mr O'Brien

Mrs Penfold

Ms Rankine

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 M J Wright (Teller)

 

 

         So it was resolved in the affirmative.

 

         Bill read a third time and passed.

 

23      Postponement of business

Ordered - That Orders of the Day: Government Business Nos 3 to 5 be postponed and taken into consideration after Order of the Day: Government Business No 6.

 

24      Medical Practice Bill

Order of the Day read for the consideration of the amendments of the Legislative Council in this Bill.

 

In Committee

Resolved – That Amendments Nos 1 to 51 agreed to.

Resolved – That Amendment No 52 be disagreed to.

Resolved – That Amendments Nos 53 to 55 be agreed to.

____________

 

         The House having resumed:

Mr Snelling reported that the Committee had considered the amendments referred to it and had agreed to Amendments Nos 1 to 51 and 53 to 55 and disagreed to Amendment No 52.

 

25      Message from the Legislative Council

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

 

Gaming Machines (Miscellaneous) Amendment Bill

                                                                                                                         Message No 14

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Gaming Machines Act 1992, with the amendments and suggested amendments indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly, and which suggested amendments the Legislative Council requests the House of Assembly to make to the said Bill.

         Legislative Council, 25 November 2004                               R R Roberts, PRESIDENT

 

 

 

 

Schedule of amendments made by the Legislative Council

 

Amendment No 1

Long title—

After "Gaming Machines Act 1992" insert:

and to make a related amendment to the Independent Gambling Authority Act 1995

 

Amendment No 2

Clause 4, page 4, lines 10 and 11—

Delete all words on these lines after "delete subsection (6)"

 

Amendment No 3

Clause 11, page 7, lines 1 and 2—

New section 24A(4)—delete subsection (4) and substitute:

(4)     A special club licence is subject to the following further conditions:

(a)      a condition requiring the holder of the licence to submit for the Commissioner's approval contracts or arrangements under which management services are to be provided, officers or employees engaged in senior management positions are to be remunerated or profits are to be shared with other licensees;

(b)      a condition requiring the holder of the licence to provide a report to the Minister, no later than 30 September in each year, on the conduct of its financial affairs during the financial year ending on the previous 30 June, including reference to distribution of funds among community, sporting and recreational groups;

(c)      other conditions determined by the Commissioner and specified in the licence.

(5)            The Minister must, within 12 sitting days of receiving the report referred to above, cause a copy of the report to be laid before each House of Parliament.

 

Amendment No 4

New clause—

After clause 13 insert:

13A—Amendment of section 68—Certain profit sharing etc is prohibited

Section 68(2) to (5)—delete subsections (2) to (5) and substitute:

(2)           Subsection (1) does not apply to—

(a)    an agreement or arrangement providing for the disbursement of proceeds or profits to a person in a position of authority in a trust or corporate entity that holds the gaming machine licence; or

(b)    an agreement or arrangement on terms approved by the Commissioner.

 

Amendment No 5

Clause 16, page 12, after line 27—

Insert new subsection as follows:

(3)    Any guidelines issued by the Authority before the commencement of this section are to be laid before Parliament and are subject to disallowance under the Subordinate Legislation Act 1978 as if they had been made on the commencement of this section.

 

Amendment No 6

Clause 17, page 13, lines 4 to 15—

Delete proposed new section 89 and substitute:

89—Minister to obtain reports

(1)        The Minister must obtain the following reports from the Authority

(a)  a report on the introduction of gaming machine entitlements, the operation of the trading system for gaming machine entitlements, and the effects on the gambling industry;

(b)  a report on the effects of the 2004 amendments on gambling in the State and in particular, on whether those amendments have been effective in reducing the incidence of problem gambling and the extent of any such reduction.

(2)        The reports must be delivered to the Minister

(a)  in the case of the report under subsection (1)(a)—before 31 December 2005;

(b)  in the case of the report under subsection (1)(b)—as soon as practicable after the second anniversary of the commencement of the 2004 amendments.

(3)        The Minister must

(a)  if Parliament is sitting—have copies of a report received under this section laid before both Houses of Parliament within 6 sitting days; or

(b)  if Parliament is not sitting—give copies of the report to the Speaker of the House of Assembly and the President of the Legislative Council so that they may lay copies of the report before their respective Houses on resumption of sittings and, in the meantime, distribute copies of the report among Members of their respective Houses.

(4)        In this section

2004 amendments means the amendment to this Act made by the Gaming Machines (Miscellaneous) Amendment Act 2004.

 

Amendment No 7

Clause 17, page 13, after line 14—

After new section 89 insert:

90—Minister to obtain report on Smartcard technology

(1)         Within 6 months after the Governor assents to the Gaming Machines (Miscellaneous) Amendment Act 2004, the Minister must obtain a report from the Authority on how Smartcard technology might be implemented with a view to significantly reducing problem gambling.

(2)         The Minister must, within 6 sitting days after receiving the report, have copies of the report laid before both Houses of Parliament.

 

Amendment No 8

Clause 17, page 13, after line 14—

After new section 89 insert:

91—Minister to obtain report on gambling rehabilitation programs

(1)         Within 6 months after the Governor assents to the Gaming Machines (Miscellaneous) Amendment Act 2004, the Minister must obtain a report from the Authority on the effectiveness of each gambling rehabilitation program conducted or funded (wholly or partly) by the State Government.

(2)         The Minister must, within 6 sitting days after receiving the report, have copies of the report laid before both Houses of Parliament.

 

Amendment No 9

Clause 22—

Delete the clause

 

Amendment No 10

New clause—

After clause 26 insert:

26A—Insertion of section 35A

Before section 36 insert:

35A—Interpretation

In this Division—

licensee includes former licensee.

 

Amendment No 11

New Schedule—

After clause 45 insert:

Schedule 1—Related amendment of Independent Gambling Authority Act 1995

1—Amendment of section 17—Confidentiality

Section 17(3)—delete subsection (3)

 

Schedule of suggested amendments made by the Legislative Council

 

Suggested Amendment No 1

Clause 12, page 9, after line 29—

Insert new subsection as follows:

(3a)        Any commission on the sale of a gaming machine entitlement is to be paid into the Gamblers Rehabilitation Fund.

 

Suggested Amendment No 2

New clause—

After clause 38 insert:

38A—Amendment of section 72A—Gaming tax

(1)       Section 72A(4)—after paragraph (b) insert:

(ba)        as to 3% of all gaming tax revenue—into the Gamblers Rehabilitation Fund established under this Part;

(2)       Section 72A(5)—After "(b)" insert:

(ba)

 

Suggested Amendment No 3

New clause—

After clause 39 insert:

39A—Insertion of section 73BA

After section 73B insert:

73BA—Gamblers Rehabilitation Fund

(1)           The Gamblers Rehabilitation Fund is established.

(2)           The Fund will be kept at the Treasury.

(3)           The Treasurer will invite contributions to the Fund from stakeholders in the gambling industry.

(4)           The money constituting the Fund will be applied in accordance with the directions of a committee established by the Minister for Families and Communities towards—

(a)    providing treatment for persons suffering from gambling addiction; and

(b)    overcoming other behavioural and social problems resulting from gambling; and

(c)    community and school education programs designed to reduce problem gambling; and

(d)    other appropriate early intervention strategies.

(5)           The procedures of the committee will be as determined by the Minister for Families and Communities.

 

         J M Davis CLERK OF THE LEGISLATIVE COUNCIL

 

Ordered - That consideration of the amendments be an Order of the Day for Monday 6 December.

 

26      Teachers Registration and Standards Bill

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

Debate resumed.

Ordered, on motion of Ms Chapman, by leave, that the debate be further adjourned until Monday 6 December.

 

27      Adjournment

House adjourned at 5.59 pm until Monday 6 December at 2.00 pm.

 

____________

 

 

MOTION OF WHICH NOTICE WAS GIVEN

 

 

            For Wednesday 8 December 2004

 

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

 

Mr Hamilton-Smith to move – That he have leave to introduce a Bill for an Act to regulate the carrying out of roadwork that may have a severely adverse affect on the flow of traffic or the conduct of business; and to create a right of action in damages against an authority that carries out certain roadwork without taking appropriate action to minimise loss to businesses conducted in the vicinity of the work.

 

____________

 

 

Present during the day - All Members the Minister for Transport (Hon P L White).

 

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

 

         Division No 1 -

               Ayes – Leader of the Opposition (Hon R G Kerin), Dr McFetridge.

               Noes - Minister for Transport (Hon P L White), Minister for Agriculture, Food and Fisheries (Hon R J McEwen).

 

         Division No 2 -

               Ayes – Leader of the Opposition (Hon R G Kerin), Mr Brindal.

               Noes – Premier (Hon M D Rann), Minister for Transport (Hon P L White).

 

         Division No 3 -

               Ayes – Leader of the Opposition (Hon R G Kerin), Mr Brindal.

               Noes – Premier (Hon M D Rann), Minister for Transport (Hon P L White).

 

         Division No 4 -

               Ayes – Premier (Hon M D Rann), Minister for Transport (Hon P L White).

               Noes – Leader of the Opposition (Hon R G Kerin), Mr Brindal.

 

         Division No 5 -

               Ayes – Premier (Hon M D Rann), Minister for Transport (Hon P L White).

               Noes – Leader of the Opposition (Hon R G Kerin), Mr Brindal.

 

 

 

 

 

 

 

 

 

                                                                                                                        Peter Lewis

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY