No 25

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

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TUESDAY 7 DECEMBER 2004

 

 

1       Meeting of House

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

 

2        Messages from the Governor’s Deputy

The following Messages from the Governor’s Deputy were received and read:

 

Gaming Machines (Miscellaneous) Amendment Bill – Recommending

Message No 8

The Governor’s Deputy recommends to the House of Assembly the appropriation of such amounts of money as may be required for the purposes mentioned in the Gaming Machines (Miscellaneous) Amendment Bill 2004.

Government House, 7 December 2004                    B Krumins, GOVERNOR’S DEPUTY

 

Assent to Bill                                                                                          Message No 9

The Governor’s Deputy informs the House of Assembly that, in the name and on behalf of Her Majesty the Queen, the following Act was assented to during the fourth Session of the 50th Parliament, viz –

No. 45 of 2004       An Act to provide for the limitation of liability of members of occupational associations in certain circumstances; to facilitate improvement in the standards of services provided by those members, and for other purposes.

Government House, 7 December 2004                    B Krumins, GOVERNOR’S DEPUTY

 

3       Petitions Nos 38 and 39

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

 

38   Hon D C Kotz, from 310 residents of South Australia, requesting the House to urge the Government to implement a screening program to detect permanent hearing impairment in infants by the age of two months and adopt the recommendations of the evaluation report into the newborn screening and assessment pilot program conducted in 2003-04.

 

39   Hon D C Kotz, from 54 residents of South Australia, requesting the House to adopt a written declaration, similar to that passed in the European Parliament on 1 April 2004, recognising deafblindness as being a distinct disability requiring specific support provided by people with specialist knowledge.

 

4       Papers

         The Speaker laid on the Table the following Paper:

 

Home Service Direct Pty Limited – Crown Law Opinion.

 

         The following Papers were tabled:

 

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

      Regulations under the following Act –

                  Public Finance and Audit – Dissolution of XTAB

 

By the Attorney-General (Hon M J Atkinson) –

      Regulations under the following Act –

                  Summary Offences – Vehicle-Immobilisation Devices

 

By the Minister for Health (Hon L Stevens) –

      Institute of Medical and Veterinary Science Report 2003-2004    

 

      Regulations under the following Act –

                  Tobacco Products Regulation – Smoking Bans

 

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

      Regulations under the following Act –

                  Water Resources – South East Prescribed Wells Area

 

By the Minister for Education and Children’s Services (Hon J D Lomax-Smith) –

      Regulations under the following Acts –

                  Petroleum – Transmission       Pipelines

 

By the Minister for Agriculture, Food and Fisheries (Hon R J McEwen) –

            Dried Fruits Board of South Australia – Report 2003-2004

   Joint Committee on the Impact of Dairy Deregulation on the Industry in South Australia – Final Report – Government Response

 

By the Minister for State/Local Government Relations (Hon R J McEwen) –

      State Electoral Office of South Australia - Local Government Activities – Report 2003-2004

 

      Rules –

                  Local Government Superannuation Scheme – Local Government Act – Portability

     

      Local Council By-Laws –

      City of Burnside By-Laws –

                  No. 1 - Permits and Penalties

                  No. 2 - Moveable Signs

                  No. 3 - Local Government Land

                  No. 4 – Roads

                  No. 5 – Dogs

                  No. 6 - Waste Management

 

By the Minister for Consumer Affairs (Hon K A Maywald) –

      Commissioner for Consumer Affairs – Report 2003-2004

 

      Regulations under the following Act –

                  Liquor Licensing – Dimjalla Skate Park.

 

5       Environment, Resources and Development Committee - Report – Waste Management

Ms Breuer brought up the 52nd Report of the Committee on Waste Management.

Report received.

Ordered to be published (Paper No 188).

 

6       Occupational Safety, Rehabilitation and Compensation Committee – Annual Report 2003 – 2004

Mr Caica brought up the 8th Report of the Committee being the Annual Report 2003 – 2004.

Report received.

Ordered to be published (Paper No 189).

 

 

 

7       Questions

Questions without notice were asked.

 

8       Grievance debate

On motion of the Speaker, the House noted grievances.

 

9       Message from the Legislative Council

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

 

         Controlled Substances (Repeal of Sunset Provision) Bill                        Message No 16

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Controlled Substances Act 1984, without any amendment.

         Legislative Council, 6 December 2004                                             R R Roberts, PRESIDENT

 

10      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.

 

11      Gaming Machines (Miscellaneous) Amendment Bill

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

 

In Committee

Resolved – That Amendments No 1 to 10 be agreed to.

Resolved – That Amendment No 11 be agreed to with an amendment.

Resolved – That suggested Amendment No 1 be agreed to.

Resolved –That suggested Amendments No 2 and 3 be disagreed to and that alternative amendments be made in lieu thereof.

 

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         The House having resumed:

Hon R B Such reported that the Committee had considered the amendments referred to it and had agreed to Amendments No 1 to 10 without amendment, had agreed to Amendment No 11 with an amendment, had agreed to suggested Amendment No 1 without amendment and disagreed to suggested Amendments Nos 2 and 3 and had made alternative amendments in lieu thereof.

 

12      Teachers Registration and Standards Bill

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

 

In Committee

Mr Hanna’s amendment further considered.

 

         To report progress and ask leave to sit again.

 

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         The House having resumed:

Hon R B Such reported that the Committee had considered the Bill referred to it, had made progress therein and asked leave to sit again.

Ordered - That the Committee have leave to sit again on motion.

 

13      Statutes Amendment (Legal Assistance Costs) Bill

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

Debate resumed.

 

         Bill read a second time.

 

In Committee

Clause No 1 agreed to.

Clause No 2 amended and agreed to.

Clauses Nos 3 to 20 agreed to.

Schedule No 1 left out.

Title amended and agreed to.

 

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         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 and had amended the title.

 

Bill read a third time and passed.

 

14      Criminal Law Consolidation (Child Pornography) 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 Hon D C Kotz, that the debate be further adjourned and resumed on motion.

 

15      Teachers Registration and Standards Bill

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

 

In Committee

Mr Hanna’s amendment further considered.

 

Amendment, by leave, withdrawn.

 

Clause No 9 otherwise amended and agreed to.

Clauses Nos 10 to 50 agreed to.

Clause No 51 read.

 

Ms Chapman moved on page 23, lines 19 and 20, to delete paragraph (b) and substitute:

            (b)        is of a kind prescribed by regulation.

 

Ms Chapman moved on page 23, line 25, to delete "define the offences to which they are to apply and"

Question – That the amendments be agreed to – negatived.

 

Clause No 51 agreed to.

Clauses Nos 52 to 61 agreed to.

Schedules Nos 1 and 2 agreed to.

Title agreed to.

 

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         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.

 

Bill read a third time and passed.

 

16      Messages from the Legislative Council

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

 

 

 

 

         Correctional Services (Miscellaneous) Amendment Bill                         Message No 17

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Correctional Services Act 1982, to which it desires the concurrence of the House of Assembly.

         Legislative Council, 7 December 2004                                             R R Roberts, PRESIDENT

 

         Ordered - That the second reading be taken into consideration on motion.

 

         Medical Practice Bill                                                                              Message No 18

MR SPEAKER - The Legislative Council does not insist on its Amendment No 52 in the Medical Practice Bill to which the House of Assembly has disagreed.  The Bill is returned herewith.

         Legislative Council, 7 December 2004                                             R R Roberts, PRESIDENT

 

         Statutes Amendment (Miscellaneous Superannuation Measures No 2) Bill                                                                       Message No 19

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Judges’ Pensions Act 1971, the Police Act 1998, the Police Superannuation Act 1990, the Southern State Superannuation Act 1994 and the Superannuation Act 1988, without any amendment.

         Legislative Council, 7 December 2004                                             R R Roberts, PRESIDENT

 

17      Criminal Law Consolidation (Child Pornography) Amendment Bill

Ordered - That the adjourned debate on the question - That this Bill be now read a second time - be now resumed.

Debate resumed.

Ordered, on motion of Mr Brindal, by leave, that the debate be further adjourned until tomorrow.

 

18      Adjournment

House adjourned at 10.00 pm until tomorrow at 2.00 pm.

 

 

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MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

            For Wednesday 8 December 2004

 

Notice of Motion: Government Business -

 

The Minister for Infrastructure to move – That he have leave to introduce a Bill for an Act to amend the Maritime Services (Access) Act 2000.

 

 

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

 

Mrs Redmond to move – That she have leave to introduce a Bill for an Act to amend the Local Government Act 1999.

 

Mrs Redmond to move – That she have leave to introduce a Bill for an Act to amend the Heritage Act 1993.

 

Ms Breuer to move – That the Fifty Second Report of the Environment, Resource and Development Committee entitled Waste Management, be noted.

 

Mr Caica to move – That the Annual Report 2003/04 of the Parliamentary Committee on Occupational Safety, Rehabilitation and Compensation, be noted.

 

 

 

            For Thursday 9 December 2004

 

Notice of Motion: Other Motions -

 

Mrs Hall to move – That this House acknowledges the importance of Kangaroo Island as one of Australia's most significant international tourism destinations, and in particular

(a)               recognises the economic contribution Kangaroo Island makes to this State's tourism industry;

(b)               views, with concern, the ongoing funding issues facing the Kangaroo Island community with the current lack of specific infrastructure and maintenance provisions by this Government;

(c)               requests the Government to update this House on timelines, planning,  progress and funding options for upgrading the port facilities and foreshore developments at Penneshaw and Kingscote, the re-sealing of the tarmac at the Kingscote Airport and the ongoing maintenance and extension of the sealed road network; and

(d)               recognises the need for an increase in power accessibility and reliability across Kangaroo Island.

 

Mr Williams to move – That this House acknowledges the recent expansion announcements by Western Mining Corporation and congratulates the former Tonkin Liberal Government, supported by the former Labor Legislative Councillor, Hon Norm Foster MLC, for their strong support for the Olympic Dam project and the long term economic benefit to this State despite intense rejection at the time by the Labor Party Opposition, which was coordinated by a senior advisor who is now the current Premier.

 

 

            For Thursday 10 February 2005

 

Notice of Motion: Other Motions -

 

Mr Hamilton-Smith to move – That this House calls on the Minister for Planning and Urban Development to

(a)           immediately rescind the interim effect of the Brownhill & Keswick Creeks Flood Plain PAR;

(b)           commission a new round of public consultation in order to ascertain the concerns of all residents affected by the PAR; and

(c)           review whether the PAR is necessary once the Patawalonga Catchment Water Management Board consultancy has completed the Flood Mitigation Study.

 

 

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Present during the day - All Members except the Deputy Premier (Hon K O Foley).

 

 

 

 

 

                                                                                                                        Peter Lewis

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY