163

 

 

No.26

 

 

VOTES AND PROCEEDINGS

 

 

OF THE

 

 

HOUSE OF ASSEMBLY

 

____________

 

 

WEDNESDAY 14 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 60 and 61

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

 

60    Mr Blacker, from 776 residents of South Australia, requesting that the House urge the Government to seal the Lock‑Elliston section of the Cowell‑Elliston arterial road.

 

61    Hon. D.C. Wotton, from 57 residents of South Australia, requesting that the House urge the Government to limit the prohibitions on development in the Mount Lofty Ranges as ordered by the Supplementary Development Plan.

 

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 14 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 Regulations under the Lottery and Gaming Act relating to Instant Lotteries.

Minutes received.

 

5          Questions

Questions without notice were asked.

 

6          Superannuation Act Amendment Bill

The Minister of Finance (Hon. F.T. Blevins), pursuant to notice, moved ‑ That he have leave to introduce a Bill for an Act to amend the Superannuation Act, 1988.


164

 

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.

 

7          Motor Vehicles Act Amendment Bill (No. 5)

The Minister of Transport (Hon. F.T. Blevins), pursuant to notice, moved ‑ 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.

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. D.C. Wotton, that the debate be adjourned until tomorrow.

 

8          Debits Tax Bill

The Minister of Finance, pursuant to notice, moved ‑ That he have leave to introduce a Bill for an Act to give effect to arrangements with the Commonwealth for the transfer of the benefits 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.

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.

 

9          Murray‑Darling Basin Act Amendment Bill

The Minister for Environment and Planning (Hon. S.M. Lenehan), pursuant to notice, moved ‑ 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.

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. D.C. Wotton, that the debate be adjourned until tomorrow.

 

10       Constitution (Electoral Redistribution) Amendment Bill and

Referendum (Electoral Redistribution) Bill.

Order of the Day read for the adjourned debate on the question ‑ That the Report of the Select Committee on the Constitution (Electoral Redistribution) Amendment Bill be noted.

 


165

 

Debate resumed.

Question put and passed.

 

Constitution (Electoral Redistribution) Amendment Bill.

 

In Committee

                                                                    Clause No. 1 agreed to.

                                                                    Clause No. 2 amended and agreed to.

                                                                    New Clause No. 3 inserted.

                                                                    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.

 

Ordered ‑ That the Bill be recommitted.

 

Suspension of Standing Orders

Mr Blacker, without notice, moved ‑ That Standing Orders be so far suspended as to enable him to move an instruction without notice.

Question put and passed, without a negative voice, there being present an absolute majority of the whole number of Members of the House.

Mr Blacker then moved ‑ That it be an instruction to the Committee of the whole House on the Bill that it have power to consider new clauses relating to the size of Parliament.

Question put and passed.

 

In Committee

                                                                    Clause No. 1 agreed to.

Mr Blacker moved after Clause No. 1 to insert new clauses as follow:

1a.   Section 11 of the principal Act is repealed and the following section is substituted:

        11. Number of Members of Legislative Council (1) Subject to subsection (2), the Legislative Council consists of the following number of members ‑

        (a)   until the first election of members of the Legislative Council after the commencement of this section ‑ 22             members;

        (b)   as from the first such election until the second such election ‑ 20 members;

        (c)   as from the second election after the commencement of this section ‑ 18 members.

        (2)   If the Legislative Council is dissolved under section 41, then, as from the ensuing election, the Legislative Council will consist of 18 members.

Question ‑ That the amendment be agreed to ‑ put.


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Committee divided (No.1):

Ayes,2.

Hon.N.T. Peterson

Mr Blacker (Teller)

 

Noes,43.

Hon. H. Allison

Dr Armitage

Hon. L.M.F. Arnold

Mr Atkinson

Mr D.S. Baker

Hon. J.C. Bannon

Mr Becker

Hon. F.T. Blevins

Mr Brindal

Hon. J.L. Cashmore

Hon. T. Chapman

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 Gunn

Mr Hamilton

Hon. T.H. Hemmings

Mr Heron

Mr Holloway

Hon. D.J. Hopgood

Mrs Hutchison

Mr Ingerson

Hon. J.H.C. Klunder

Mrs Kotz

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 S.J. Baker (Teller)

 

So it passed in the negative.

Mr Gunn moved on page 1, after line 12, to insert new clause as follows:

1a. Number of Members of House of Assembly (1) Section 27 of the principal Act is amended by striking out "forty‑seven members" and substituting "forty‑nine members".

(2) Subsection (1) will come into operation upon the dissolution or expiry of the House of Assembly of the forty‑seventh Parliament.


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To report progress and ask leave to sit again.

____________

 

 

The House having resumed:

Mr M.J. Evans reported that the Committee had further 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.

 

11       Extension of time for adjournment

The Deputy Premier (Hon. D.J. Hopgood) moved ‑ That the time for moving the adjournment of the House be extended beyond 10.00 p.m.

Question put and passed.

 

12       Constitution (Electoral Redistribution) Amendment Bill

Ordered ‑ That the further consideration in Committee of the Constitution (Electoral Redistribution) Amendment Bill be now resumed.

 

In Committee

 

                                                                    Proposed new Clause No. 1a further considered.

Question ‑ That the amendment be agreed to ‑ put.


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Committee divided (No. 2):

Ayes, 3.

Mr Blacker

Hon. N.T. Peterson

Mr Gunn (Teller)

 

Noes, 42.

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 Becker

Hon. F.T. Blevins

Mr Brindal

Hon. J.L. Cashmore

Hon. T. Chapman

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

Mrs Hutchison

Mr Ingerson

Hon. J.H.C. Klunder

Mrs Kotz

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

Hon. D.J. Hopgood (Teller)

 

So it passed in the negative.

                                                                    Clauses Nos 2 and 3 agreed to.

                                                                    Title agreed to.


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____________

 

The House having resumed:

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

 

Bill read a third time and passed.

 

Referendum (Electoral Redistribution) Bill

 

 

In Committee

                                                                    Clauses Nos 1 and 2 agreed to.

                                                                    Clause No. 3 amended and agreed to.

                                                                    Clause No. 4 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.

 

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

Order of the Day read for the adjourned debate on the question ‑ That the Report of the Select Committee on the Operation of the Worker's Liens Act, 1893 be noted.

Debate resumed.

Question put and passed.

 

14       Worker's Liens Act (Repeal) Bill

Order of the Day read for the adjourned debate on the question ‑ That the Worker's Liens Act (Repeal) 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.

Mr Ingerson moved on page 1, after line 10, to insert new clause as follows:

1a.   Commencement  This Act will come into operation 12 months after the day on which it is assented to.

Question ‑ That the amendment be agreed to ‑ put.

 


170

 

Committee divided (No. 3):

Ayes, 22

Hon. H. Allison

Dr Armitage

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

Mrs Kotz

Mr Lewis

Mr Matthew

Mr Meier

Mr Oswald

Mr Such

Mr Venning

Hon. D.C. Wotton

Mr Ingerson (Teller)

 

Noes, 23

Hon. L.M.F. Arnold

Mr Atkinson

Hon. J.C. Bannon

Hon. F.T. Blevins

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. G.J. Crafter (Teller)

 

So it passed in the negative.

                                                                    Clause No. 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 without amendment.

 

Bill read a third time and passed.

 

15       Messages from the Legislative Council

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

 

Road Traffic Act Amendment Bill (No. 3)                                                                          Message No.28

MR SPEAKER ‑ The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Road Traffic Act, 1961, with the amendments indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

Legislative Council, 14 November 1990                                                                                G.L Bruce, PRESIDENT

 

Schedule of the amendments made by the Legislative Council

No. 1.      Page 2, lines 38 to 46 (clause 6) ‑ Leave out subsections (1), (2) and (3) and substitute new subsection as follows:‑

        "(1) A person must not ‑

                (a)   sell, offer for sale or use a ra24dar detector or jammer;

                or

                (b)   drive a motor vehicle that contains a radar detector or jammer."


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No. 2.      Page 5, line 21 (clause 11) ‑ Leave out "and".

 

No. 3.      Page 5 (clause 11) ‑ After line 22 insert new paragraphs as follow:‑

                (d)   by striking out paragraph (a) of subsection (5) and substituting the following paragraph:

                (a)   a statement that a copy of the photographic evidence on which the allegation is based ‑

                        (i)    will, on written application to the Commissioner of Police by the person to whom the traffic                                            infringement notice or summons is issued, be sent by post to the address nominated in that                                          application or (in the absence of such a nomination) to the address of the registered owner;

                                and

                        (ii)   may be viewed on application to the Commissioner of Police;"

                (e)   by striking out from subsection (6) "stating that a copy of the photographic evidence may be viewed on            application to the Commissioner of Police" and substituting the following:

                        stating that a copy of the photographic evidence ‑

                (a)   will, on written application to the Commissioner of Police by the person to whom the traffic                                    infringement notice or summons is issued, be sent by post to the address nominated in that application                              or (in the absence of such a nomination) to the address of the registered owner;

                and

                (b)   may be viewed on application to the Commissioner of Police.;

                        (f) by inserting after subsection (9) the following subsection:

                (9a) A photographic detection device may, for the purpose of obtaining evidence of the commission of a                   prescribed offence, be programmed, positioned, aimed and operated so that a photograph is taken of a                       vehicle ‑

                (a)   in the case of an offence against section 75(1) ‑ from the rear of the vehicle;

                or

                (b)   in the case of a prescribed offence other than an offence against section 75(1) ‑ from either the front or                       the rear of the vehicle.;

                (g)   by inserting in subparagraph (ii) of paragraph (a) of subsection (10) "this Act and" after "the requirements                        of";

                and

                (h)   by inserting in subparagraph (ii) of paragraph (b) of subsection (10) "this Act and" after "that the                                        requirements of."

C.H. Mertin, CLERK OF THE LEGISLATIVE COUNCIL

Ordered ‑ That the Message be taken into consideration tomorrow.

 

Motor Vehicles Act Amendment Bill (No. 2)                                                                     Message No.29

MR SPEAKER ‑ The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Motor Vehicles Act, 1959, without any amendment.

Legislative Council, 14 November 1990                                                                                                G.L. Bruce, PRESIDENT

 

Statute Law Revision Bill (No. 2)                                                                                                         Message No.30

MR SPEAKER ‑  The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Correctional Services Act, 1982, the Legal Practitioners Act, 1981, the Wills Act, 1936, and the Strata Titles Act, 1988, without any amendment.

Legislative Council, 14 November 1990                                                                                                G.L. Bruce, PRESIDENT


172

 

16       Unclaimed Goods Act Amendment Bill

Order of the Day read for the adjourned debate on the question ‑ That the Unclaimed Goods 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.

 

17       Adjournment

House adjourned at 11.55 p.m. until tomorrow at 11.00 a.m.

____________

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

For Thursday 15 November 1990

            Notices of Motion: Government Business‑‑

 

The Minister of Education to move ‑ That he have leave to introduce a Bill for an Act to amend the Education Act, 1972.

 

The Minister of Mines and Energy to move ‑ That he have leave to introduce a Bill for an Act to amend the Electricity Trust of South Australia Act, 1946.

 

CONTINGENT NOTICE OF MOTION

 

Contingently on the Constitution (Electoral Redistribution) Amendment Bill  being read a second time, Mr Gunn to move ‑ That it be an instruction to the Committee of the whole House on the Bill that it have power to consider new clauses relating to the size of Parliament.

 

Contingently upon the Report of the Select Committee on the Constitution  (Electoral Redistribution) Amendment Bill being noted, Mr Blacker to move ‑ That it be an instruction to the Committee of the whole House on the Bill that it have power to consider new clauses relating to the size of Parliament.

____________

 

Present during the day ‑ All the Members except Hon. P.B. Arnold.

 

 

 

 

 

                                                                                                                                                    N.T. Peterson

                                                                                                                                                    SPEAKER

G.D. Mitchell

CLERK OF THE HOUSE OF ASSEMBLY