161

 

 

 

                                                                                               No. 26

 

 

                    VOTES AND PROCEEDINGS

 

                           OF THE

 

                      HOUSE OF ASSEMBLY

 

 

                                                                                                                    

 

 

                                                                   WEDNESDAY 13 NOVEMBER 1991

 

 

 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 135 to 139

                The Clerk announced that the following Members had lodged Petitions for

                    presentation:

 

                135  Dr Armitage, from 29 residents of South Australia, requesting that the House urge

                    the Government not to close the Hillcrest Hospital.

 

                136 and 137  Messrs S.J. Baker and Becker, from 226 residents of South Australia,

                    requesting that the House urge the Government to revert to the previous water rating system.

 

                138  Hon. T. Chapman, from 456 residents of South Australia, requesting that the

                    House urge the Government not to proceed with the construction of the Goolwa to Hindmarsh Island Bridge.

 

                139  Mr M.J. Evans, from 50 members of the Parliament House staff, requesting that

                    the House legislate to prohibit smoking in the precincts of the Parliament.

 

 3             Joint Committee on Subordinate Legislation - Minutes of Proceedings

                Mr McKee, by leave, brought up the Joint Committee on Subordinate Legislation

                    Minutes of Proceedings of 13 November.

                Minutes received.

 

 4             Joint Committee on Subordinate Legislation - Minutes of Evidence

                Mr McKee brought up the Minutes of Evidence given before the Joint Committee on

                    Subordinate Legislation on:

                    (a) Regulations under the Boating Act relating to Hire and Drive; and

                    (b)     City of Campbelltown - General Supplementary Development Plan.

                Minutes received.

 

 5             Joint Committee on Subordinate Legislation - Report

                Mr McKee brought up the Second Report, 1991 (Second Session) of the Joint                       Committee on Subordinate Legislation.

                                                                                                 162

 

 

 

                Report received and read as follows:

                At present the Committee is considering Regulations under the Boating Act 1974,

                    relating to Hire and Drive, made on 26 September and laid on the Table of this House on 8 October 1991.  It is necessary for a Notice of Motion for disallowance to be given in both Houses before the expiration of fourteen sitting days, to allow the Committee time to complete its deliberations.

                Honourable Members are warned that after further consideration has been given to the

                    Regulations, the Committee may decide to take no further action.

 

 6             Questions

                Questions without notice were asked.

 

 7             Absence of Clerk

                The Speaker informed the House that during the absence of the Clerk due to illness,

                    under Standing Order No. 24 his duties will be performed by the Deputy Clerk, Mr D.A. Bridges, and that he had appointed Mr G.W. Thomson, Clerk Assistant, to carry out the duties of Deputy Clerk and Sergeant-at-Arms.

 

 8             Grievance debate

                The Speaker proposed - That the House note grievances.

                Debate ensued.

                Question put and passed.

 

 9             Messages from the Legislative Council

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

 

                Dangerous Substances (Cost Recovery) Amendment Bill                                          Message No. 24

                MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith,

                    titled an Act to amend the Dangerous Substances Act 1979, without any amendment.

                Legislative Council, 12 November 1991              G.L. Bruce, PRESIDENT

 

                Australia and New Zealand Banking Group Limited (NMRB) Bill                           Message No. 25

                MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith,

                    titled an Act to supplement the Australia and New Zealand Banking Group Limited (NMRB) Act 1991 of Victoria and to provide for the transfer in South Australia of the undertaking of National Mutual Royal Bank Limited and part of the undertaking of National Mutual Royal Savings Bank Limited to Australia and New Zealand Banking Group Limited and for the transfer in South Australia of the other part of the undertaking of National Mutual Royal Savings Bank Limited to Australia and New Zealand Savings Bank Limited, and for related purposes, without any amendment.

                Legislative Council, 13 November 1991               G.L. Bruce, PRESIDENT

 

10           Education (Non-Government Schools) Amendment Bill

                The Minister of Education (Hon. G.J. Crafter), pursuant to notice, moved - That he

                    have leave to introduce a Bill for an Act to amend the Education Act 1972.

                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 Mr S.J. Baker, that the debate be adjourned until tomorrow.

 

 

 

                                                                                                 163

 

 

 

11           Privacy Bill

                Order of the Day read for the adjourned debate on the question - That the Privacy Bill

                    be now read a second time.

                Debate resumed.

                Question put and passed.

               

                Bill read a second time.

 

                                                                                        In Committee

 

                                              Clause No. 1 agreed to.

                                              Clause No. 2 read.

 

                To report progress and ask leave to sit again.

 

                                                                                                                       

 

                The House having resumed:

                Mr M.J. Evans 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           Ombudsman's Report

                The Deputy Speaker laid on the Table the Ombudsman's Report, 1990-91.

                Ordered to be printed (Paper No. 76).

 

13           Postponement of business

                Ordered - That Order of the Day (Private Members Bills) No. 1 be postponed and

                    taken into consideration after Order of the Day (Private Members Bills) No. 4.

 

14           Parliament (Joint Services - Prohibition on Smoking) Amendment Bill

                Order of the Day read for the adjourned debate on the question - That the Parliament

                 (Joint Services - Prohibition on Smoking) Amendment Bill be now read a second time.

                Debate resumed.

                Question put.


                                                                                                 164

 

                House divided (No. 1):

                      Ayes, 41.

            Hon. H. Allison

            Dr Armitage

            Hon. L.M.F. Arnold

            Mr Atkinson

            Mr D.S. Baker

            Mr S.J. Baker

            Hon. J.C. Bannon

            Mr Blacker

            Hon. F.T. Blevins

            Mr Brindal

            Hon. J.L. Cashmore

            Hon. G.J. Crafter

            Mr De Laine

            Hon. B.C. Eastick

            Mr S.G. Evans

            Mr Ferguson

            Hon. E.R. Goldsworthy

            Hon. R.J. Gregory

            Mr Groom

            Mr Hamilton

            Hon. T.H. Hemmings

            Mr Heron

            Mr Holloway

            Hon. D.J. Hopgood

            Mrs Hutchison

            Mr Ingerson

            Hon. J.H.C. Klunder

            Hon. S.M. Lenehan

            Mr Lewis

            Mr McKee

            Mr Matthew    

            Hon. M.K. Mayes

            Mr Meier   

            Mr Oswald  

            Mr Quirke

            Hon. M.D. Rann

            Mr Such

            Hon. J.P. Trainer

            Mr Venning

            Hon. D.C. Wotton

            Mr M.J. Evans (Teller)

        Noes, 4.

Hon. P.B. Arnold

Hon. T. Chapman

Mr Gunn

Mr Becker (Teller)

                So it was resolved in the affirmative.

 

                Bill read a second time.

                By leave, House proceeded to the third reading.

 

                Bill read a third time and passed.

 

                                                                                                 165

 

 

15           Postponement of business

                Ordered - That Orders of the Day (Private Members Bills) Nos 3 and 4 be Orders of                              the Day for Wednesday 20 November.

 

16           Local Government (Control of Slaughtering) Amendment Bill

                Order of the Day read for the adjourned debate on the question - That the Local

                    Government (Control of Slaughtering) Amendment Bill be now read a second time.

                Debate resumed.

                Ordered, on motion of Mr S.G. Evans, that the debate be further adjourned until

                    Wednesday 27 November.

 

17           Postponement of business

                Ordered - severally - That Notices of Motion (Regulations/Committees) Nos 1 to 4 be

                    Notices of Motion for Thursday next.

 

18           Postponement of business

                Ordered - That Order of the Day (Regulations/Committees) No. 1 be an Order of the                             Day for Thursday 28 November.

 

19           Postponement of business

                Ordered - That Order of the Day (Regulations/Committees) No. 2 be an Order of the                             Day for Thursday next.

 

20           Rural Finance - Motion for Select Committee

                Order of the Day read for the adjourned debate on the motion of Mr Gunn - That a                               Select Committee be established -

                (a)     to enquire into the reasons why many farmers and small businesses in rural South Australia are having difficulty in raising adequate finance to maintain their operations;

                (b)     to examine the operations of and funds available to the Rural Industries Assistance Branch of the Department of Agriculture to see if they are being directed toward those who have the best possibility of long term viability;

                (c)     to examine the need for the Government to give protection to those facing foreclosure;  and

                (d)     to give those people who believe they have been harshly treated by the financial institutions the ability to advise the Select Committee of the difficulties they are facing.

                Debate resumed.

                Hon. B.C. Eastick moved to amend the motion by leaving out paragraphs (a), (b)

                    and (c).

                Ordered, on motion of Mr Holloway, by leave, that the debate be further adjourned

                    until tomorrow.

 

21           Privacy Bill

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

 

                                                                                        In Committee

                                              Clause No. 2 further considered, amended and agreed to.

                                              Clause No. 3 read.

 

                To report progress and ask leave to sit again.

 

                                                                                                                     

 

 

 

                                                                                                 166

 

                The House having resumed:

                Mr M.J. Evans 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.

 

22           Extension of time for adjournment

                The Minister of Education moved - That the time for moving the adjournment of the

                    House be extended beyond 10.00 p.m.

                Question put and passed.

 

23           Messages from the Legislative Council

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

 

                Director of Public Prosecutions Bill          Message No. 26

                MR SPEAKER - The Legislative Council has agreed to the amendments made by the

                    House of Assembly in the Director of Public Prosecutions Bill, without any amendment.

                Legislative Council, 13 November 1991                              G.L. Bruce, PRESIDENT

 

                District Court Bill                                              Message No. 27

                MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith,

                    titled an Act to establish the District Court of South Australia; to define its jurisdiction and powers; and for other purposes, to which it desires the concurrence of the House of Assembly.

                The Legislative Council draws the attention of the House of Assembly to Clause No.49,

                    printed in erased type, which clause, being a money clause, cannot originate in the Legislative Council, but which is deemed necessary to the Bill.

                Legislative Council, 13 November 1991                              G.L. Bruce, PRESIDENT

 

                Bill read a first time.

                Ordered - That the second reading be an Order of the Day for tomorrow.

 

                Magistrates Court Bill                                      Message No. 28

                MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith,

                    titled an Act to establish the Magistrates Court of South Australia; to define its jurisdiction and powers; and for other purposes, to which it desires the concurrence of the House of Assembly.

                The Legislative Council draws the attention of the House of Assembly to clause no. 42,                     printed in erased type, which clause, being a money clause, cannot originate in the Legislative Council, but which is deemed necessary to the Bill.

                Legislative Council, 13 November 1991                               G.L. Bruce, PRESIDENT

 

                Bill read a first time.

                Ordered - That the second reading be an Order of the Day for tomorrow.

 

                Statutes Amendment and Repeal (Courts) Bill                                                             Message No. 29

                MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith,

                    titled an Act to make certain repeals and amendments related to restructuring the court system in the State; to enact transitional provisions; and for other purposes, to which it desires the concurrence of the House of Assembly.

                Legislative Council, 13 November 1991                               G.L. Bruce, PRESIDENT                 

 

                Bill read a first time.

                Ordered - That the second reading be an Order of the Day for tomorrow.

 

 

                                                                                                 167

 

                Justices Amendment Bill                                  Message No. 30

                MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith,

                    titled an Act to amend the Justices Act 1921, to which it desires the concurrence of the House of Assembly.

                Legislative Council, 13 November 1991                               G.L. Bruce, PRESIDENT

 

                Bill read a first time.

                Ordered - That the second reading be an Order of the Day for tomorrow.

 

24           Privacy Bill

                Ordered - That the further consideration in Committee of the Privacy Bill be now

                    resumed.

 

                                                                                        In Committee

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

                                              Clause No. 4 amended and agreed to.

                                              Clause No. 5 agreed to.

                                              Clause No. 6 amended 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.

 

                The Minister of Education moved - That this Bill be now read a third time.

                Debate ensued.

                Question put and passed.

               

                Bill read a third time and passed.

               

25           Road Traffic (Safety Helmet Exemption) Amendment Bill

                Order of the Day read for the adjourned debate on the question - That the Road   Traffic (Safety Helmet Exemption) Amendment Bill be now read a second time.

                Debate resumed.

                Question put and passed.

 

                Bill read a second time.

 

                                                                                        In Committee

                                              Clause No. 1 agreed to.

                                              Clause No. 2 read.

 

                To report progress and ask leave to sit again.

 

                                                                                                                     

 

 

                The House having resumed:

                Mr M.J. Evans 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.

 

 

 

 

                                                                                                 168

 

 

26            Adjournment

                House adjourned at 12.00 p.m. until tomorrow at 10.30 a.m.                          .

 

 

                                                                                                                    

 

 

                                                           MOTIONS OF WHICH NOTICE WAS GIVEN

 

For Thursday 14 November 1991

                Notices of Motion: Government Business-

 

The Minister for Environment and Planning to move - That she have leave to introduce a Bill

                for an Act to amend the City of Adelaide Development Control Act 1976, the Planning Act 1982 and the South Australian Heritage Act 1978.

 

The Minister of Lands to move - That she have leave to introduce a Bill for an Act to amend

                the Real Property Act 1886.

 

The Minister of Water Resources to move - That she have leave to introduce a Bill for an Act

                to provide for the conservation and management of water and the prevention of flooding of rural land in the South East of the State; to repeal the South-Eastern Drainage Act 1931 and the Tatiara Drainage Trust Act 1949; and for other related purposes.

 

The Minister of Lands to move - That she have leave to introduce a Bill for an Act to provide

                for the licensing and registration of surveyors and to make provisions relating to surveying and land boundaries; to repeal the Surveyors Act 1975; and for other purposes.

 

The Minister of Youth Affairs to move - That he have leave to introduce a Bill for an Act to amend the Summary Offences Act 1953.

 

                Notice of Motion: Regulations/Committees-

 

Mr McKee to move - That the Regulations under the Boating Act 1974 relating to Hire and Drive, made on 26 September and laid on the Table of this House on 8 October 1991, be disallowed.

 

For Thursday 21 November 1991

                Notice of Motion: Regulations/Committees-

 

Hon. T. Chapman to move - That a Select Committee of this House be established to inquire into and report on the application of fire control management and suppression of fire on -

                (a)     public broadacre lands and road sides generally;  and

                (b)     national parks, fauna and flora and recreation reserves in particular;

                and, where required, identify recommended changes to the relevant fire control Act/s.

 


                                                                                                 169

 

 

 For Wednesday 27 November 1991

                Notice of Motion: Private Members Bills-

 

Mr Gunn to move - That he have leave to introduce a Bill for an Act to amend the Country Fires Act 1989.

 

                                                                  CONTINGENT NOTICE OF MOTION

 

Contingently on the Statutes Amendment (Waterworks and Sewerage) Bill being read a second time, Hon. D.C. Wotton will move - That it be an instruction to the Committee of the whole House that it have power to consider a new clause relating to reverting to the previous water rating system.

 

                                                                                                                     

 

 

                Present during the day - All the Members.

 

 

 

 

                                                                                                                                                                N.T. Peterson

                                                                                                                                                                SPEAKER

 

D.A. Bridges

ACTING CLERK OF THE HOUSE OF ASSEMBLY