No 26

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

WEDNESDAY 10 MARCH 1999

 

 

1       Meeting of House

The House met pursuant to adjournment.  The Speaker (Hon J K G Oswald) took the Chair and read prayers.

 

2       Legislative Review Committee – Eleventh Report

Mr Condous brought up the Eleventh Report of the Committee.

         Report received.

 

3       Questions

         Questions without notice were asked.

 

4       Grievance debate

         The Speaker proposed - That the House note grievances.

         Debate ensued.

         Question put and passed.

 

5       Message from the Legislative Council

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

 

         Second-hand Vehicle Dealers (Compensation Fund) Amendment Bill               Message No 41

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Second-hand Vehicle Dealers Act 1995, with the suggested amendments indicated by the annexed Schedule, which amendments the Legislative Council requests the House of Assembly to make to the said Bill.

         Legislative Council, 9 March 1999                                                   J C Irwin, PRESIDENT

 

Schedule of the suggested amendments made by the Legislative Council

 

         No 1     Page 1, line 17 (clause 3) – Leave out “by striking out clause 2 and substituting the following clause” and insert:

                     -

                     (a)    by striking out clause 2 and substituting the following clause:


 

         No 2     Page 2, lines 7 to 9 (clause 3) _ Leave out this paragraph and insert:

                     (b)   applies to a claim relating to a transaction that occurs on or after the commencement of this paragraph only if the dealer was licensed, or the person making the claim reasonably believed the dealer to have been licensed, at the time of the transaction;

 

         No 3     Page 2 (clause 3) – After line 20 insert the following:

 

                     (b)   by striking out from clause 3(2)(b) “certified by the Treasurer as having been”;

 

                     (c)    by inserting in clause 5 “to the extent of the payment” after “subrogated”;

 

                     (d)    by inserting after the present contents of clause 5 as amended by this section (now to be designated as subclause (1)) the following subclauses:

 

                                            (2) If the commissioner is subrogated to rights arising from an act or omission of a body corporate occurring on or after the commencement of this subclause, the persons who were directors of the body corporate at the time of the act or omission will be jointly and severally liable together with the body corporate for any amount recoverable by the Commissioner from the body corporate in pursuance of those rights.

 

                                            (3) A director of a body corporate will not have a liability under subclause (2) in respect of an act or omission of the body corporate if the director proves, on the balance of probabilities, that the act or omission occurred without the director’s express or implied authority or consent.;

 

                     (e)    by inserting after the present contents of clause 7 (now to be designated as subclause (1)) the following subclause:

 

                                            (2) The regulations may provide for the payment or distribution of money remaining in the Fund on the expiry of this schedule and make any other provision that the Governor considers necessary or appropriate in consequence of the expiry of this schedule.

 

         No 4     Page 2, lines 21 to 24 (clause 4) – Leave out the clause.

 

J M Davis, CLERK OF THE LEGISLATIVE COUNCIL

 

         Ordered - That consideration of the amendments be an Order of the Day for tomorrow.

 

6       Public Works Committee - Report – Bolivar Waste Water Treatment Plant – Proposed Activated Sludge Plant and Ancillary Works - Motion to note

Order of the Day read for the adjourned debate on the motion of Mr Lewis – That the Eighty-Ninth Report of the Public Works Committee on Bolivar Waste Water Treatment Plant – Proposed Activated Sludge Plant and Ancillary Works be noted.

         Debate resumed.

Ms Thompson moved to amend the motion by inserting after the word “noted” the words “and its recommendations adopted”.

Debate continued.

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

Question - That the motion, as amended, be agreed to – put and passed.

 

7       Public Works Committee – Report – Playford – B Power Station Upgrade - Motion to note

Order of the Day read for the adjourned debate on the motion of Mr Lewis – That the Eighty-Fourth Report of the Public Works Committee on the Playford-B Power Station Upgrade be noted.

         Debate resumed.

         Question put and passed.

 

8       Barley Marketing (Miscellaneous) Amendment Bill

The Minister for Primary Industries, Natural Resources and Regional Development (Hon R G Kerin), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Barley Marketing Act 1993.

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 Ms Hurley, that the debate be adjourned until tomorrow.

 

9       Postponement of business

Ordered - That Notice of Motion: Government Business No 2 be a Notice of Motion for tomorrow.

 

10      Evidence (Miscellaneous) Amendment Bill

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

The Minister for Industry and Trade (Hon I F Evans) moved - That this Bill be now read a second time.

         Ordered, on motion of Ms Hurley, that the debate be adjourned until tomorrow.

 

11      Local Government Bill

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

 

In Committee

                                                Clause No 3, as amended, further considered and agreed to.

                                                Clause No 4 amended and agreed to.

                                                Clauses Nos 5 to 7 agreed to.

                                                Clause No 8 amended and agreed to.

                                                Clauses Nos 9 to 27 agreed to.

                                                Clause No 28 amended and agreed to.

                                                Clauses Nos 29 to 32 agreed to.

                                                Clause No 33 amended and agreed to.

                                                Clause No 34 agreed to.

                                                Clause No 35 read.

         Question – That the clause stand as printed – put.


 

         Committee divided (No 1):

 


                       Ayes, 20

 

Hon M H Armitage

Mr Brokenshire

Hon D C Brown

Hon M R Buckby

Mr Condous

Hon I F Evans

Hon G M Gunn

Hon J L Hall

Mr Hamilton-Smith

Hon G A Ingerson

Hon R G Kerin

Hon D C Kotz

Hon W A Matthew

Hon J W Olsen

Hon J K G Oswald

Mrs Penfold

Mr Scalzi

Hon R B Such

Mr Venning

Hon M K Brindal (Teller)


        Noes, 21

 

Mr Atkinson

Ms Breuer

Ms Ciccarello

Mr Clarke

Mr De Laine

Mr Foley

Mrs Geraghty

Mr Hanna

Mr Hill

Ms Hurley

Ms Key

Mr Koutsantonis

Mr McEwen

Ms Rankine

Hon M D Rann

Mr Snelling

Ms Thompson

Ms White

Mr Williams

Mr Wright

Mr Conlon (Teller)


 

         So it passed in the negative.

                                               

                                               Clause left out.

                                               Clauses Nos 36 to 45 agreed to.

                                               Clause No 46 amended and agreed to.

                                               Clauses Nos 47 and 48 agreed to.

                                               Clause No 49 amended and agreed to.

                                               Clause No 50 read.

 

         To report progress and ask leave to sit again.

 

____________

 

         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.

 

12      Extension of time for adjournment

The Minister for Local Government (Hon M K Brindal) moved - That the time for moving the adjournment of the House be extended beyond 10.00 pm.

Question put and passed.

 

13      Local Government Bill

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

 

In Committee

                                                Clause No 50 further considered, amended and agreed to.

                                                Clause No 51 read.

 


 

         To report progress and ask leave to sit again.

____________

 

         The House having resumed:

Hon D C Wotton 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 tomorrow.

 

14      Adjournment

         House adjourned at 10.09 pm until tomorrow at 10.30 am.

 

____________

 

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

         For Thursday 11 February 1999

 

Notice of Motion: Government Business –

 

The Minister for Government Enterprises to move – That he have leave to introduce a Bill for an Act to amend the Industrial and Employee Relations Act 1994 and to repeal the Long Service Leave Act 1987.

 

Notice of Motion: Other Motions

 

Mr Lewis to move—That this House directs the Treasurer and Flinders Power Pty Ltd which are proposing to refurbish and repair the Northern Power Station to prepare and present all relevant information about this Public Works project to the Public Works Committee as required under and pursuant to the provisions of the Parliamentary Committees Act 1991.

 

____________

 

 

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

 

         Division No 1 -

               Ayes - Ms Maywald and Mr Meier.

               Noes - Ms Bedford and Ms Stevens.

 

 

         Present during the day - All Members except Ms Stevens.

 

 

 

 

 

                                                                                                            J K G Oswald

                                                                                                            SPEAKER

 

G D Mitchell

CLERK OF THE HOUSE OF ASSEMBLY