155

 

 

No.25

 

 

VOTES AND PROCEEDINGS

 

 

OF THE

 

 

HOUSE OF ASSEMBLY

 

 

____________

 

 

TUESDAY 13 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       Petitions Nos 55 to 59

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

 

55 and 56    Messrs D.S. Baker and Gunn, from 45 residents of South Australia, requesting that the House urge the Government not to reduce the blood alcohol concentration limit for fully licensed drivers.

 

57   Mr Becker, from 155 residents of South Australia, requesting that the      House urge the Government to set the blood alcohol concentration limit for fully licensed drivers at 0.05%.

 

58   Mr S.G. Evans, from 34 residents of South Australia, requesting that   the House urge the Government to upgrade the water supply and sewer system in the Mount Osmond area.

 

59   Mr S.G. Evans, from 516 residents of South Australia, requesting that     the House urge the Government to install traffic lights at the intersection of Laffers and Main Roads at Glenalta.

 

3       Answers to questions

      Answers to questions on the Notice Paper Nos 211, 212, 232, 233, 262, 277, 280 and 309 were tabled by the Speaker.

 

4       Ombudsman's Report

The Speaker laid on the Table the Report of the Ombudsman, 1989‑90.

Ordered to be printed (Paper No.76).

 

5       Papers

           The following Papers were laid on the Table:

 

By the Minister of Health (Hon. D.J. Hopgood) ‑

Occupational Therapists Registration Board of South Australia ‑ Report,  1989‑90.


 

156

 

      By the Minister of Agriculture (Hon. L.M.F. Arnold) ‑

            South Australian Meat Hygiene Authority ‑ Report, 1989‑90.

 

      By the Minister of Recreation and Sport (Hon. M.K. Mayes) ‑

            Department of Recreation and Sport ‑ Report, 1989‑90.

 

      By the Minister for Environment and Planning (Hon. S.M. Lenehan) ‑

            Planning Appeal Tribunal ‑ Report, 1989‑90.

            South Australian Film Corporation ‑ Report, 1989‑90.

 

      By the Minister of Lands (Hon. S.M. Lenehan) ‑

            Geographical Names Board ‑ Report, 1989‑90.

 

      By the Minister of Emergency Services (Hon. J.H.C. Klunder) ‑

            Country Fire Service ‑ Report, 1989‑90.

 

      By the Minister of Employment and Further Education (Hon. M.D. Rann) ‑

            Libraries Board of South Australia ‑ Report, 1989‑90.

            South Australian Institute of Technology ‑ Report, 1989.

 

6       Questions

Questions without notice were asked.

 

7       Limitation of debate

The Deputy Premier (Hon. D.J. Hopgood) moved ‑ That the time allotted for the:

      (a)  completion of the:

                  Correctional Services Act Amendment Bill (No. 2);

                  Acts Interpretation Act Amendment Bill;

                  Stock Bill;

                  Constitution (Electoral Redistribution) Amendment Bill;

                  Workers' Liens Act (Repeal) Bill;

                  Unclaimed Goods Act Amendment Bill;

                  Valuation of Lands Act Amendment Bill; and

(b)  consideration of the Report of the Select Committee on the Operation of the Worker's Liens Act, 1893, be until 6.00 p.m. on Thursday 15 November.

Question put and passed.

 

 8      Select Committee on the Constitution (Electoral Redistribution)

               Amendment Bill

Order of the Day read for the Report of the Select Committee on the Constitution (Electoral Redistribution) Amendment Bill to be brought up.

The Deputy Premier brought up the Report recommending amendments to the Constitution (Electoral Redistribution) Amendment Bill and an amendment to the Referendum (Electoral Redistribution) Bill (Paper No. 157), together with Minutes of Proceedings and Evidence.

Ordered ‑ That the Report be received.

The Deputy Premier moved ‑ That the Report be noted.

Ordered, on motion of Mr S.J. Baker, that the debate be adjourned until tomorrow.

 


157

 

 9      Correctional Services Act Amendment Bill (No. 2)

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

Debate resumed.

Question put and passed.

 

Bill read a second time.

 

In Committee

                                       Clauses Nos 1 to 5 agreed to.

                                       Clause No. 6 read.

Mr Meier moved on page 2, lines 8 and 9, to leave out all words after the words "is amended" and insert in lieu thereof the words "(a) by striking out "justices of the peace as"; "and after line 9, to insert the word and paragraph as follows:

and

(b)  by inserting after subsection (2) the following subsection:

(2a)       A person is not eligible for appointment as an inspector unless he or she  ‑

      (a)  is a justice of the peace;

      (b)  is a person who has retired from judicial or magisterial office;

      or

      (c)  is a legal practitioner of at least seven years' standing.

Question ‑ That the amendment be agreed to ‑ put.

 

Committee divided (No.1):

Ayes,22.

Hon. H. Allison

Dr Armitage

Hon. P.B. Arnold

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

Mr Lewis

Mr Matthew

Mr Oswald

Mr Such

Mr Venning

Hon. D.C. Wotton

Mr Meier (Teller)

 

Noes, 23.

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

Hon. S.M. Lenehan

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)

 

 

So it passed in the negative.


158

 

                                       Clause agreed to.

                                       Clauses Nos 7 to 23 agreed to.

                                       Clause No.24 amended and agreed to.

                                       Clauses Nos 25 and 26 agreed to.

                                       Clause No.18 reconsidered and 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 amendments.

 

Bill read a third time and passed.

 

10      Postponement of business

Ordered ‑ That Orders of the Day (Government Business) Nos 3 and 4 be postponed and taken into consideration after Order of the Day (Government Business) No.5.

 

11      Select Committee on the Operation of the Worker's Liens Act, 1893

Order of the Day read for the consideration of the Report of the Select Committee on the Operation of the Worker's Liens Act, 1893.

Mr Groom moved ‑ That the Report be noted.

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

 

12      Message from the Legislative Council

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

 

Statutes Amendment (Shop Trading Hours and Landlord

 and Tenant) Bill                                                                                                 Message No. 26

MR SPEAKER ‑ The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Shop Trading Hours Act, 1977, and the Landlord and Tenant Act, 1936, with the amendments indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

Legislative Council, 8 November 1990                                                         G.L. Bruce, PRESIDENT

 

Schedule of the amendments made by the Legislative Council

No. 1.   Page 1 (clause 4) ‑ After line 28 insert paragraph as follows:

      `(ab)by inserting after the definition of "motor vehicle" in

      subsection (1) the following definition:

      "motor spirit" means ‑

      (a)  a distillate of crude oil commonly used as fuel for motor vehicles;

(b)  liquid petroleum gas or compressed natural gas that is sold, or is intended to be sold, as fuel for motor vehicles:'

No.  2.  Page 2, line 42 (clause 6) ‑ After the word "Saturday" insert "or such later time (not being later than 5.00 p.m.) as is fixed by proclamation".

No.  3.  Page 3, lines 1 to 8 (clause 6) ‑ Leave out paragraph (d).


159

 

No.  4.  Page 3 (clause 6) ‑ After line 11 insert new paragraph as follows:‑

`(f)  by inserting in subsection (6) after "the closing times specified in subsection (1)" "or such other closing times as are specified in the proclamation".

No.  5.  Page 3, lines 40 to 42 (clause 10) ‑ Leave out these lines and insert:‑

`"enclosed shopping complex" means three or more shop premises that comprise the whole or part of a shopping complex and that share a common area that is locked when they are closed for business so as to prevent public access to any of them through that area:'

No.  6.  Page 5 (clause 11) ‑ After line 17 insert new subclause as follows:

"(3) A commercial tenancy agreement to which section 65(4)

(as inserted by the Statutes Amendment (Shop Trading Hours and Landlord and Tenant) Act, 1990) applied will, on the commencement of this section be reinstated to the form in which it applied immediately before the commencement of section 10 of the Statutes Amendment (Shop Trading Hours and Landlord and Tenant) Act, 1990." 

C.H. Mertin, CLERK OF THE LEGISLATIVE COUNCIL

 

Ordered ‑ That the Message be taken into consideration forthwith.

 

In Committee

                                       Resolved ‑ That the amendments be agreed to.

____________

 

The House having resumed:

Mr M.J. Evans reported that the Committee had considered the amendments  referred to it and had agreed to the same without amendment.

 

13      Acts Interpretation Act Amendment Bill

Order of the Day read for the adjourned debate on the question ‑ That the Acts Interpretation 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.

 

14      Stock Bill

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

      Debate resumed.

 

15      Extension of time for adjournment

The Minister of Agriculture (Hon. L.M.F. Arnold) moved ‑ That the time for moving the adjournment of the House be extended beyond 10.00 p.m.

Question put and passed.


160

 

16      Stock Bill

Debate (interupted by the foregoing motion) resumed.

Question put and passed.

 

Bill read a second time.

 

In Committee

                                       Clauses Nos 1 to 10 agreed to.

                                       Clause No.11 amended and agreed to.

                                       Clauses Nos 12 to 26 agreed to.

Mr Meier moved on page 14, after line 15, to insert new Clause No.26a. as follows:

26a.      Compulsory treatment of sheep

      (1)  Subject to this section, sheep must, after being shorn and before ‑

            (a)  being sold, consigned for sale or given away;

            or

            (b)  the expiry of 42 days,

whichever first occurs, be treated with a dipping preparation in accordance with the instructions contained on the label affixed to the container or package containing the preparation.

(2)  Subsection (1) does not apply to sheep that are sold for immediate slaughter at an abattoir within 42 days of being shorn

(3)  If sheep are not subjected to treatment in accordance with this section, the owner of the sheep is guilty of an offence.

Penalty:  Division 7 fine.

(4)  An owner of sheep must keep up‑to‑date records of prescribed particulars relating to sheep that have been subjected to treatment in accordance with this section.

Penalty:  Division 9 fine.

(5)  The Chief Inspector may, if satisfied that by reason of drought,                      shortage of water, weakness of the sheep or any other factor it is unreasonable to require the owner of the sheep to comply with this section,  exempt (conditionally or unconditionally) an owner of sheep from compliance with this section in respect of specified sheep for a specified period.

(6)  An exemption under subsection (5) must be in writing.

(7)  In this section ‑

      "dipping preparation" means a preparation registered under the Stock Medicines Act, 1939, as a treatment for the destruction or control of parasites on sheep.

Question ‑ That the amendment be agreed to ‑ put.


161

 

Committee divided (No. 2):

Ayes, 23

Hon. H. Allison

Dr Armitage

Hon. P.B. Arnold

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 Oswald

Mr Such

Mr Venning

Hon. D.C. Wotton

Mr Meier (Teller)

 

Noes, 23

Mr Atkinson

Hon. J.C. Bannon

Hon. F.T. Blevins

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

Hon. S.M. Lenehan

Mr McKee

Hon. M.K. Mayes

Hon. N.T. Peterson

Mr Quirke

Hon. M.D. Rann

Hon. J.P. Trainer

Hon. L.M.F. Arnold (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.

                                       Clauses Nos 27 to 39 agreed to.

                                       Schedules 1 and 2 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.

 

Bill read a third time and passed.

 

17      Message from the Legislative Council

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

 

Summary Offences Act Amendment Bill (No. 2)                                                  Message No. 27

MR SPEAKER ‑ The Legislative Council has agreed to the Bill returned   herewith, titled an Act to amend the Summary Offences Act, 1953; and to repeal the Pawnbrokers Act, 1888, without any amendment.

Legislative Council, 13 November 1990                                                                    G.L. Bruce, PRESIDENT

 

18      Adjournment

      House adjourned at 11.50 p.m. until tomorrow at 2.00 p.m.

 

____________


162

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

For Wednesday 14 November 1990

Notices of Motion: Government Business‑‑

 

The Minister of Finance to move ‑ That he have leave to introduce a Bill for an Act to amend the Superannuation Act, 1988.

 

The Minister of Finance to move ‑ That he have leave to introduce a Bill for an Act to amend the Motor Vehicles Act, 1959; and to make consequential amendments to the Stamp Duties Act, 1923.

 

The Minister of Finance to move ‑ That he have leave to introduce a Bill for an Act to give effect to arrangements with the Commonwealth for the transfer of the benefit of the debits tax to the State and for that purpose to provide for the imposition and collection of the debits tax and the making of arrangements with the Commonwealth about matters connected with the administration of this Act; and to make a related amendment to the Taxation (Reciprocal Powers) Act, 1989.

 

The Minister for Environment and Planning to move ‑ That she have leave to introduce a Bill for an Act to approve an agreement for amendment of the agreement between the Commonwealth, New South Wales, Victoria and South Australia with respect to the Murray‑Darling Basin; and to amend the Murray‑Darling Basin Act, 1983.

 

For Thursday 15 November 1990

Notice of Motion: Other Business‑‑

 

Mr S.G. Evans to move ‑ That the Regulations under the Lottery and Gaming Act, 1936 relating to Instant Lotteries, made on 19 July and laid on the Table of this House on 2 August 1990, be disallowed.

 

For Thursday 6 December 1990

Notices of Motion: Other Business‑‑

 

Mr Oswald to move ‑ That this House calls on the Government to restrict the  hours of student free STA travel to those hours which cover legitimate school activities of an educational, sporting and cultural nature.

 

Mr S.G. Evans to move ‑ That in the opinion of this House the minimum age for  the consumption of alcohol on licensed premises and in a public place should be increased to 21 years.

____________

 

Present during the day ‑ All the Members.

 

 

 

 

                                                                                                   N.T. Peterson

                                                                                                   SPEAKER

G.D. Mitchell

CLERK OF THE HOUSE OF ASSEMBLY