No 23

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

WEDNESDAY 26 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:

 

         Statutes Amendment (Parliament Finance and Services) Bill – Recommending                                                                 Message No 8

The Governor recommends to the House of Assembly the appropriation of such amounts of money as may be required for the purposes mentioned in the Statutes Amendment (Parliament Finance and Services) Bill 2003.

Government House, 26 November 2003                   M Jackson-Nelson, GOVERNOR

 

3       Petitions Nos 33 to 35

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

 

33, 34 and 35    Hon D C Kotz, Mr Venning, and Hon M R Buckby, from 174 electors of South Australia, requesting the House to urge the Government to immediately withdraw the trial of the Sexual Health and Relationship Education Program, developed by SHINE, from all 14 participating schools, pending professional assessment and endorsement.

 

4       Papers

         The Speaker laid on the Table the following report:

 

Ombudsman – Report 2002-2003

Ordered to be published (Paper No 76).

 

         The following Papers were tabled:

 

By the Minister for Health (Hon L Stevens) –

      Chiropractors Board of South Australia – Report 2002-2003

      Psychological Board, South Australian – Report 2002-2003

 

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

      Chowilla Regional Reserve Review 1993-2003

      Correctional Services Advisory Council – Report 2002-2003

      Correctional Services, Department for – Report 2002-2003

      State Heritage Authority – Report 2002-2003

      Water Well Driller’s Committee – Report 2002-2003.

 

 

 

 

5       Legislative Review Committee - Reports – Seventh and Eighth

 

Seventh Report

Mr Hanna brought up the 7th Report of the Legislative Review Committee.

Report received and read as follows:

 

The Rules and Regulations listed hereunder are at present being considered by the Legislative Review Committee. 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 Rules and Regulations, the Committee may decide to take no further action.

 

Rules referred to:

      Magistrates Court Act 1991 – Rules of Court (Civil) – Amendment No 20 - Pleadings

 

Regulations referred to:

               Criminal Law (Forensic Procedures) Act 1998 – Variations.

 

Eighth Report

Mr Hanna brought up the 8th Report of the Committee.

Report received.

 

6       Questions

Questions without notice were asked.

 

7       Grievance debate

On motion of the Speaker, the House noted grievances.

 

8       Postponement of business

Ordered, severally - That Notices of Motion: Private Members Bills/Committees/Regulations Nos 1 to 3, 5 and 7 to 10 be postponed until Wednesday 3 December.

 

9       Environment, Resources and Development Committee – Annual Report 2002 – 2003 - Motion to note

Ms Breuer, pursuant to notice, moved - That the Fiftieth Report of the Environment, Resources and Development Committee being the Annual Report 2002 – 2003, be noted.

Debated ensued.

Question put and passed.

 

10      Public Works Committee - Report – Kilparrin/Townsend School Relocation - Motion to note

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

Question put and passed.

 

11      Postponement of business

Ordered - That Notice of Motion: Private Members Bills/Committees/Regulations No 13 be postponed until Wednesday 3 December.

 

12      Environment Protection (Interaction with other Acts) Amendment Bill

Mr Hanna, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Environment Protection Act 1993.

Question put and passed.

         Bill presented and read a first time.

 

         Mr Hanna moved - That this Bill be now read a second time.

         Ordered, on motion of Hon D C Kotz, that the debate be adjourned until Wednesday 3 December.

 

13      Social Development Committee - Report – Inquiry into Supported Accommodation - Motion to note

Mr Snelling, pursuant to notice, moved - That the Eighteenth Report of the Social Development  Committee entitled Inquiry into Supported Accommodation, be noted.

Ordered, on the motion of Mr Scalzi, that the debate be adjourned until Wednesday 3 December.

 

14      Postponement of business

Ordered - That Order of the Day: Private Members Bills/Committees/Regulations No 1 be postponed until Wednesday 18 February 2004.

 

15      Industrial and Employee Relations (Prohibition Against Bargaining Services Fee) 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.

Ordered, on motion of Mrs Geraghty, that the debate be further adjourned until Wednesday 18 February 2004.

 

16      Postponement of business

Ordered - That Order of the Day: Private Members Bills/Committees/Regulations No 3 be postponed until Wednesday 3 December.

 

17      Constitution (Oath of Allegiance) 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.

Ordered, on motion of Mrs Geraghty, that the debate be further adjourned until Wednesday 3 December.

 

18      Prevention of Cruelty to Animals (Prohibition Surgical and Medical Procedures) 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.

Ordered, on motion of Mrs Geraghty, that the debate be further adjourned until Wednesday 3 December.

 

19      Tobacco Products Regulations (Smoking in the Casino and Gaming Venues) 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.

Ordered, on motion of Mrs Geraghty, that the debate be further adjourned until Wednesday 3 December.

 

20      Postponement of business

Ordered - That Order of the Day: Private Members Bills/Committees/Regulations No 7 be postponed until Wednesday 3 December.

 

21      Gene Testing Services (Public Availability) Bill

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

Debate resumed.

Mrs Geraghty moved – That the debate be further adjourned.

 

 

 

 

 

         Question put.

         House divided (No 1):

 

           Ayes, 21

           Noes, 17

 

Hon M J Atkinson

Mr Brindal

Ms Bedford

Mr Brokenshire

Ms Breuer

Hon M R Buckby

Mr Caica

Ms Chapman

Ms Ciccarello

Hon I F Evans

Hon P F Conlon

Mr Goldsworthy

Hon K O Foley

Hon G M Gunn

Hon J D Hill

Mrs Hall

Hon S W Key

Mr Hanna

Mr Koutsantonis

Hon D C Kotz

Hon J D Lomax-Smith

Mr Meier

Mr O'Brien

Mrs Penfold

Ms Rankine

Mrs Redmond

Hon M D Rann

Mr Scalzi

Mr Snelling

Mr Venning

Hon L Stevens

Mr Williams

Hon R B Such

Dr McFetridge (Teller)

Ms Thompson

 

Hon J W Weatherill

 

Hon M J Wright

 

Mrs Geraghty (Teller)

 

 

         So it was resolved in the affirmative.

 

Ordered that the debate be further adjourned until Wednesday 18 February 2004.

 

22      Listening and Surveillance Devices (Private Activities) 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.

Ordered, on motion of Mrs Geraghty, that the debate be further adjourned until Wednesday 3 December.

 

23      Graffiti Control (Orders on Conviction) 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.

Ordered, on motion of Mrs Geraghty, that the debate be further adjourned until Wednesday 3 December.

 

24      Road Traffic (Council Speed Zones) 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.

 

____________

 

The two hours for consideration of Private Members Business having expired, the debate was adjourned (Mr Meier, by leave) and Government Business was called on.

____________

 

25      Statutes Amendment (Parliament Finance and Services) Bill

The Attorney-General (Hon M J Atkinson), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Constitution Act 1934 and the Parliament (Joint Services) Act 1985.

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 Hon I F Evans, that the debate be adjourned until tomorrow.

 

 

26      Liquor Licensing (Miscellaneous) Amendment Bill

The Attorney-General (Hon M J Atkinson), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Liquor Licensing Act 1997.

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 Hon I F Evans, that the debate be adjourned until tomorrow.

 

27      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.

 

28      Statutes Amendment (Bushfire Summit Recommendations) 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.

 

29      Extension of time for adjournment

Ordered, on motion of the Minister for Infrastructure (Hon P F Conlon) - That the time for moving the adjournment of the House be extended beyond 10.00 pm.

 

30      Statutes Amendment (Bushfire Summit Recommendations) Bill

 

In Committee

Clauses Nos 1 to 5 agreed to.

Clause No 6 read.

 

Mr Brokenshire moved, on page 3, after line 1, to insert:

    (a1)    Section 40(1), definition of the responsible authority—delete the definition and substitute:

responsible authority means—

     (a)     in relation to land within the area of a council—the council for the area;

     (b)     in relation to land outside the area of a council—the Board,

and, in addition, if the Board is acting under section 50(2), or the Minister has vested relevant powers or functions of a council in a C.F.S. officer under section 50(5) or (7)(a), a reference in this section to the responsible authority will be taken to be a reference to the Board (in addition to the relevant council), or to that officer (in substitution for the relevant council), as the case requires.

    (a2)    Section 40(2), penalty provision—delete the penalty provision and substitute:

Maximum penalty: $10 000.

 

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

 

Mr Brokenshire moved, on page 3, in line 17, delete "$10 000" and substitute: $20 000; on page 3, in line 18, delete "$1 250" and substitute: $2 500; on page 3, in line 20, delete "$160" and substitute: $210; and on page 3, after line 20, to insert:

     (4)     Section 40(18), penalty provision—delete the penalty provision and substitute:

Maximum penalty: $20 000 or imprisonment for 2 years.

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

 

Clauses Nos 6 to 9 agreed to.

 

 

Mr Brokenshire moved, on page 3, after line 29, to insert a new clause as follows:

 

9A—Amendment of section 50—Failure on part of a council to exercise or discharge powers, functions or responsibilities

     (1)     Section 50(1)—delete "powers or functions" and substitute:

powers, functions or responsibilities

     (2)     Section 50(2)—delete subsection (2) and substitute:

     (2)     Without limiting the generality of subsection (1), the Board may—

     (a)     exercise any power of the council as a responsible authority under section 40;

     (b)     refer to the Minister to whom the administration of the Local Government Act 1999 has been committed any failure on the part of the council to discharge its responsibilities under section 41 (with a view to that Minister taking action in relation to the council under that Act);

     (c)     recommend to the Minister that the powers and functions of the council under this Act be withdrawn.

     (3)     Section 50(4)—delete "under subsection (2)" and substitute:

subsection (2)(c)

 

Question – That new clause No 9A be inserted – put and negatived.

 

Mr Brokenshire moved, on page 3, after line 29, to insert a new clause as follows:

 

9B—Insertion of section 50A

After section 50 insert:

50A—Failure on part of Crown instrumentality to discharge responsibilities

     (1)     If, in the opinion of the Board, a Minister, agency or instrumentality of the Crown fails to discharge its responsibility under section 42, the Board may refer the matter to the Minister.

     (2)     If a matter is referred to the Minister under subsection (1), the Minister must ensure that a written response, setting out the action that the Minister has taken or proposes to take, is provided to the Board within 28 days after the referral of the matter to the Minister.

 

     (3)     The Minister must—

     (a)     at the same time as the Minister provides a response under subsection (2)—provide a copy of the initial correspondence from the Board, and of the Minister's response to the Board, to any member of the House of Assembly whose electoral district includes any part of the land in question; and

     (b)     within 3 sitting days after the Minister provides a response under subsection (2)—cause a report on the matter to be provided to both Houses of Parliament.

 

Question – That new clause No 9B be inserted – put and negatived.

 

Clause No 10 read.

 

Hon G M Gunn moved, on page 3, after line 35, to insert:

   (2)        An expiation notice cannot be given in respect of an alleged offence against this

Act –

(a)        in the case of a notice given by or on behalf of a council – unless the notice

            has been approved in writing by the council;  and

(b)        in the case of a notice given by or on behalf of the Board - unless the notice

has been approved in writing by the Board.

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

 

Clauses Nos 10 and 11 agreed to.

 

Mr Brokenshire moved, on page 4, after line 11, insert a new clause as follows:

 

   12—Insertion of section 82A

After section 82 insert:

82A—Appropriation of penalties

     (1)     Subject to subsection (2), all money recovered as fines for offences against this Act will be paid into the Consolidated Account.

     (2)     If an offence was committed within the area of a council and the complaint was laid by the council for that area (or an officer of that council), any fine recovered from the defendant will be paid into the general revenue of that council.

 

Question – That new clause No 12 be inserted – put and negatived.

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.

 

31      Postponement of business

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

 

32      Statutes Amendment (Co-managed Parks) 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.

 

Select Committee - Hybrid Bill

The Minister for Environment and Conservation moved - That this Bill be referred to a Select Committee, pursuant to Joint Standing Order (Private Bills) No 2.

Question put and passed.

 

The Minister for Environment and Conservation moved - That a Committee be appointed consisting of Hon I F Evans, Hon G M Gunn, Hon R B Such, Ms Breuer and the mover.

Question put and passed.

Ordered - That the Committee have power to send for persons, papers and records and to adjourn from place to place.

To report on 16 February.

 

33      Postponement of business

Ordered - That Orders of the Day: Government Business Nos 1 and 4 to 16 be postponed and taken into consideration after Order of the Day: Government Business No 17.

 

34      Victims of Crime (Criminal Injuries Compensation Regulations) 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.

Ordered, on motion of Mr Hanna, that the debate be further adjourned until tomorrow.

 

35      Adjournment

Ordered, on motion of the Attorney-General - That the House do now adjourn.

House adjourned at 10.39 pm until tomorrow at 10.30 am.

 

____________

 

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

            For Thursday 27 November 2003r

 

Notices of Motion: Government Business –

 

The Minister for Gambling to move That he have leave to introduce a Bill for an Act to allow orders to be made for the protection of family members from serious harm resulting from problem gambling; to make a related amendment to the Domestic Violence Act 1994; and for other purposes.

 

            For Wednesday 3 December 2003

 

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

 

Mr Hanna to move – That the Rules of Court under the Magistrates Court Act 1991 entitled Pleadings, made on 18 September and laid on the table of this House on 14 October, be disallowed.

 

Mr Hanna to move – That the Regulations made under the Criminal Law (Forensic Procedures) Act 1998 entitled Variations, made on 2 October and laid on the table of this House on 14 October, be disallowed.

 

            For Thursday 19 February 2004

 

Notice of Motion: Other Motions -

 

Hon I F Evans to move – That for the remainder 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.

 

____________

 

 

Present during the day - All Members.

 

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

 

         Division No 1 -

               Ayes - Minister for Trade and Regional Development (Hon R J McEwen), Minister for Education and Children’s Services (Hon P L White) and Mr Rau.

               Noes – Leader of the Opposition (Hon R G Kerin), Hon W A Matthew and Mrs Maywald.

 

 

 

 

 

                                                                                                                        Peter Lewis

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY