No 26

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

TUESDAY 2 DECEMBER 2003

 

 

1       Meeting of House

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

 

2        Message from the Governor

         The following Message from the Governor was received and read:

 

         Assent to Bills                                                                                         Message No 9

         The Governor 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 third Session of the 50th Parliament, viz. –

No 52 of 2003 -      An Act to amend the Education Act 1972.

Government House, 2 December 2003                                M Jackson-Nelson, GOVERNOR

 

3       Answers to questions

Answers to questions without notice were tabled by the Speaker.

 

4       Papers

         The following Papers were tabled:

 

By the Minister for the Arts (Hon M D Rann) –

      Adelaide International Film Festival – Report 2002-2003

 

By the Treasurer (Hon K O Foley) –

      Police Superannuation Board – Report 2002-2003

 

      Regulations under the following Act –

                  Public Corporations – Land Management Corp – Board

 

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

      Equal Opportunity Commission South Australia – Report 2002-2003

      Summary Offences Act – Annual Statistical Returns –

                  Authorisations Issued to Enter Premises

                  Dangerous Area Declarations

                  Road Block Establishment Authorisations

 

By the Minister for Health (Hon L Stevens) –

      Occupational Therapists Registration Board of South Australia – Report 2002-2003

 

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

      South Eastern Water Conservation and Drainage Board – Report 2002-2003

 

By the Minister for Social Justice (Hon S W Key) –

      Office for the Ageing - Department of Human Services – Report 2002-2003

      Immigration Detention in SA – Memorandums of Understanding –

            Child Protection Notifications and Child Welfare Issues pertaining to children in immigration detention in SA – Memorandum of Understanding between the Department of Immigration and Multicultural and Indigenous Affairs and the SA Department of Human Services

            Providing access for immigration detainee children in South Australia to education in South Australian Government schools – Memorandum of Understanding between the Commonwealth of Australia and the State Government of South Australia

            Unaccompanied Humanitarian Minors – Memorandum of Understanding between the Commonwealth of Australia and the State Government of South Australia

 

By the Minister for Transport (Hon M J Wright) –

      Regulations under the following Act –

                  Road Traffic –

                        Expiation Fees

                        Taxis in Bus Lanes

 

By the Minister for Tourism (Hon J D Lomax-Smith) –

      Alpaca Advisory Group, South Australian – Report 2002-2003

      Cattle Advisory Group, South Australian – Report 2002-2003

      Deer Advisory Group, South Australian – Report 2002-2003

      Goat Advisory Group, South Australian – Report 2002-2003

      Horse Industry Advisory Group, South Australian – Report 2002-2003

      Sheep Advisory Group, South Australian – Report 2002-2003

 

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

      State Electoral Office of South Australia - Report for the South Australian Local Government Elections – May 2003.

 

5       Questions

Questions without notice were asked.

 

6       Grievance debate

On motion of the Speaker, the House noted grievances.

 

7       Dog and Cat Management (Miscellaneous) 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.

 

8       Extension of sitting

Ordered, on motion of the Minister for Environment and Conservation - That the sitting of the House be extended beyond 6.00 pm.

 

9       Dog and Cat Management (Miscellaneous) Amendment Bill

Debate (Interrupted by the foregoing) 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:

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 tomorrow.

 

10      Messages from the Legislative Council

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

 

         Highways (Authorised Transport Infrastructure Projects) Amendment Bill

                                                                                                                        Message No 29

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Highways Act 1926; and to make related amendments to the Local Government Act 1999, with the amendments indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

         Legislative Council, 2 December 2003                                R R Roberts, PRESIDENT

 

Schedule of amendments made by the Legislative Council

 

Amendment No 1 —

Clause 5, page 3, lines 7 and 8—

Delete heading to Part 3A and substitute:

Part 3A—Port River Expressway Project

 

Amendment No 2 —

Clause 5, page 3 (new section 39A), lines 15 to 18—

Delete definition of authorised project and substitute:

authorised project means the Port River Expressway Project;

 

Amendment No 3 —

Clause 5, page 4 (new section 39A), lines 9 to 21—

Delete definition of project

 

Amendment No 4 —

Clause 5, page 4 (new section 39A), lines 23 and 24—

Delete "an authorised project or any part of an authorised project" and insert::

the authorised project or any part of the authorised project

 

Amendment No 5 —

Clause 5, page 4 (new section 39A), lines 26 and 27—

Delete "an authorised project or a particular part or aspect of an authorised project" and substitute:

the authorised project or a particular part or aspect of the authorised project

 

Amendment No 6 —

Clause 5, page 4 (new section 39A), lines 32 and 33—

Delete "an authorised project" and substitute:

the authorised project

 

Amendment No 7 —

Clause 5, page 4 (new section 39A), line 35—

Delete "an authorised project" and substitute:

the authorised project

 

Amendment No 8 —

Clause 5, page 4 (new section 39A), line 38—

Delete "an authorised project" and substitute:

the authorised project

 

Amendment No 9 —

Clause 5, page 4 (new section 39A), lines 39 and 40—

Delete "an authorised project" and substitute:

the authorised project

 

Amendment No 10 —

Clause 5, page 5 (new section 39B), lines 22 to 35—

Delete subsections (1), (2) and (3) and substitute:

     (1)     A project outline must be published by proclamation for the authorised project—

     (a)     containing—

     (i)     reasonable particulars of the principal features of the project; and

     (ii)     any information about the project required under the regulations; and

     (b)     specifying the land to which the project applies.

 

Amendment No 11 —

Clause 5, page 5 (new section 39B), line 38—

Delete "a particular project" and substitute:

the authorised project

 

Amendment No 12 —

Clause 5, page 6 (new section 39B), lines 5 to 8—

Delete subsection (6)

 

Amendment No 13 —

Clause 5, page 6 (new section 39C), line 10—

Delete "an authorised project" and substitute:

the authorised project

 

Amendment No 14 —

Clause 5, page 6 (new section 39C), lines 18 and 19—

Delete "an authorised project, or a particular part or aspect of an authorised project," and substitute:

the authorised project or a particular part or aspect of the authorised project

 

Amendment No 15 —

Clause 5, page 6 (new section 39D), line 33—

Delete "an authorised project" and substitute:

the authorised project

 

Amendment No 16 —

Clause 5, page 6 (new section 39D), line 35—

Delete "an authorised project" and substitute:

the authorised project

 

Amendment No 17 —

Clause 5, page 7 (new section 39E), line 3—

Delete "an authorised project" and substitute:

the authorised project

 

Amendment No 18 —

Clause 5, page 9 (new section 39I), line 13—

Delete "a proposed" and substitute:

The

 

Amendment No 19 —

Clause 5, page 9 (new section 39I), line 15—

Delete "an authorised project" and substitute:

the authorised project

 

Amendment No 20 —

Clause 5, page 9 (new section 39J), lines 23 and 24—

Delete "Port River Expressway Project" and substitute:

authorised project

         J M Davis CLERK OF THE LEGISLATIVE COUNCIL

 

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

 

         National Environment Protection Council (South Australia) (Miscellaneous) Amendment Bill                                 Message No 30

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the National Environment Protection Council (South Australia) Act 1995, without any amendment.

         Legislative Council, 2 December 2003                                R R Roberts, PRESIDENT

 

         Statutes Amendment (Investigation and Regulation of Gambling Licensees) Bill

                                                                                                                        Message No 31

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Authorised Betting Operations Act 2000 and the Casino Act 1997, with the amendments indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

         Legislative Council, 2 December 2003                                R R Roberts, PRESIDENT

 

Schedule of amendments made by the Legislative Council

 

Amendment No 1—

Long title—

Delete "and the Casino Act 1997" and insert:

, the Casino Act 1997 and the Independent Gambling Authority Act 1995

 

Amendment No 2—

Clause 3, page 2, line 18—

Delete "meet" and substitute:

pay the required contribution towards

 

Amendment No 3—

Clause 3, page 2, after line 20—

Insert:

    (2a)    Section 25(2)—delete "payments towards the costs of the investigation" and substitute:

part payments towards the required contribution

    (2b)    Section 25—after subsection (2) insert:

    (2a)    The Authority must, when first requiring a part payment under subsection (2), provide the applicant or licensee with a written estimate, approved by the Minister, of the total cost of the investigation.

    (2b)    If the Authority has required a part payment under subsection (2), the Authority may, from time to time during the course of the investigation, provide the applicant or licensee with a revised written estimate, approved by the Minister, of the total cost of the investigation.

    (2c)    The total of part payments towards the required contribution under subsection (2) must not exceed the amount specified in the estimate provided under subsection (2a) or, if a revised estimate has been provided to the applicant or licensee under subsection (2b), the final estimate provided to the applicant or licensee in respect of the investigation.

 

 

 

 

Amendment No 4—

Clause 3, page 3, lines 3 and 4—

Delete subclause (4) and substitute:

     (4)     Section 25(4) and (5)—delete subsections (4) and (5) and substitute:

     (4)     At the end of the investigation, the Authority must notify the Minister of the cost of the investigation.

    (4a)    The Minister must then determine an amount, which must not exceed the amount notified by the Authority under subsection (4), that he or she considers to be a reasonable contribution by the applicant or licensee towards the cost of the investigation.

    (4b)    If the required contribution is less than the amount (if any) paid by the applicant or licensee towards the cost of the investigation, the Authority must, within 1 month of the Minister's determination under subsection (4a), refund the amount of the difference to the applicant or licensee.

    (4c)    If the required contribution is greater than the amount (if any) paid by the applicant or licensee towards the cost of the investigation, the applicant or licensee must, within 1 month of receiving notice of the underpayment, pay the unpaid balance to the Authority.

    (4d)    If the whole or a part of an amount payable to the Authority under this section is not paid to the Authority as required, the amount unpaid may be recovered from the applicant or licensee as a debt due to the Authority.

     (5)     In proceedings for recovery of an amount under subsection (4d), the Authority's certificate is to be regarded as conclusive evidence of the amount owing by the applicant or the licensee.

     (5)     Section 25—after subsection (6) insert:

     (7)     In this section—

required contribution towards the cost of an investigation means the amount determined by the Minister under subsection (4a) to be a reasonable contribution by the applicant or licensee towards the cost of the investigation.

 

Amendment No 5—

Clause 5, page 3, line 24—

After "written estimate" insert:

, approved by the Minister,

 

Amendment No 6—

Clause 5, page 3, line 30—

Delete "provide the licensee with a certified account for" and substitute:

notify the Minister of

 

Amendment No 7—

Clause 5, page 3, after line 31—

Insert:

    (3a)    The Minister must then determine an amount (the required contribution), which must not exceed the amount notified by the Commissioner under subsection (3), that he or she considers to be a reasonable contribution by the licensee towards those administration costs.

 

Amendment No 8—

Clause 5, page 3, line 32-37 & page 4, lines 1-6—

Delete subsections (4) and (5) and substitute:

     (4)     If the required contribution for a particular financial year is less than the amount specified in the estimate provided under subsection (1) in respect of that year, and an overpayment has been made by the licensee, the Commissioner must, within 1 month, refund the amount of the overpayment to the licensee.

     (5)     If the required contribution for a particular financial year is greater than the amount specified in the estimate provided under subsection (1) in respect of that year, and the total amount of the required contribution has not been paid by the licensee, the licensee must, within 1 month of receiving notice of the underpayment, pay the unpaid balance to the Commissioner.

 

Amendment No 9—

Clause 5, page 4, lines 10-12—

Delete subsection (7) and substitute:

     (7)     In proceedings for recovery of an amount under subsection (6), the Commissioner's certificate is to be regarded as conclusive evidence of the amount owing by the licensee.

 

Amendment No 10—

Clause 5, page 4, line 22—

After "written estimate" insert:

, approved by the Minister,

 

Amendment No 11—

Clause 5, page 4, line 31—

Delete "provide the licensee with a certified account for" and substitute:

notify the Minister of

 

Amendment No 12—

Clause 5, page 4, after line 32—

Insert:

    (3a)    The Minister must then determine an amount (the required contribution), which must not exceed the amount notified by the Commissioner under subsection (3), that he or she considers to be a reasonable contribution by the licensee towards those administration costs.

 

Amendment No 13—

Clause 5, page 4, lines 33-44—

Delete subsections (4) and (5) and substitute:

     (4)     If the required contribution is less than the amount specified in the estimate provided under subsection (1), and an overpayment has been made by the licensee, the Commissioner must, within 1 month, refund the amount of the overpayment to the licensee.

     (5)     If the required contribution is greater than the amount specified in the estimate provided under subsection (1), and the total amount of the required contribution has not been paid by the licensee, the licensee must, within 1 month of receiving notice of the underpayment, pay the unpaid balance to the Commissioner.

 

Amendment No 14—

Clause 5, page 5, lines 4-6—

Delete subsection (7) and substitute:

     (7)     In proceedings for recovery of an amount under subsection (6), the Commissioner's certificate is to be regarded as conclusive evidence of the amount owing by the licensee.

 

Amendment No 15—

New clause—

After clause 5 insert:

5A—Amendment of section 90—Annual report

     (1)     Section 90—after subsection (1) insert:

    (1a)    The Commissioner's report must include any written estimate of administration costs provided to the licensee under Part 2 Division 10 in respect of the relevant financial year and the required contribution by the licensee towards those administration costs.

     (2)     Section 90(3)—after paragraph (c) insert:

    (ca)    for investigations completed during the relevant financial year—any written estimate of the total cost of the investigation provided to the applicant or licensee under section 25 and the required contribution by the applicant or licensee towards that cost; and

 

Amendment No 16—

Clause 8, page 6, line 10—

Delete "meet the costs" and substitute:

pay the required contribution towards the cost

 

Amendment No 17—

Clause 8, page 6, after line 12—

Insert:

    (2a)    Section 25(2)—delete "payments towards the costs of the investigation" and substitute:

part payments towards the required contribution

    (2b)    Section 25—after subsection (2) insert:

    (2a)    The Authority must, when first requiring a part payment under subsection (2), provide the applicant or licensee with a written estimate, approved by the Minister, of the total cost of the investigation.

    (2b)    If the Authority has required a part payment under subsection (2), the Authority may, from time to time during the course of the investigation, provide the applicant or licensee with a revised written estimate, approved by the Minister, of the total cost of the investigation.

    (2c)    The total of part payments towards the required contribution under subsection (2) must not exceed the amount specified in the estimate provided under subsection (2a) or, if a revised estimate has been provided to the applicant or licensee under subsection (2b), the final estimate provided to the applicant or licensee in respect of the investigation.

 

Amendment No 18—

Clause 8, page 6, lines 15 and 16—

Delete subclause (4) and substitute:

     (4)     Section 25(4) and (5)—delete subsections (4) and (5) and substitute:

     (4)     At the end of the investigation, the Authority must notify the Minister of the cost of the investigation.

     (5)     The Minister must then determine an amount, which must not exceed the amount notified by the Authority under subsection (4), that he or she considers to be a reasonable contribution by the applicant or licensee towards the cost of the investigation.

     (6)     If the required contribution is less than the amount (if any) paid by the applicant or licensee towards the cost of the investigation, the Authority must, within 1 month of the Minister's determination under subsection (5), refund the amount of the difference to the applicant or licensee.

     (7)     If the required contribution is greater than the amount (if any) paid by the applicant or licensee towards the cost of the investigation, the applicant or licensee must, within 1 month of receiving notice of the underpayment, pay the unpaid balance to the Authority.

     (8)     If the whole or a part of an amount payable to the Authority under this section is not paid to the Authority as required, the amount unpaid may be recovered from the applicant or licensee as a debt due to the Authority.

     (9)     In proceedings for recovery of an amount under subsection (8), the Authority's certificate is to be regarded as conclusive evidence of the amount owing by the applicant or the licensee.

    (10)    In this section—

required contribution towards the cost of an investigation means the amount determined by the Minister under subsection (5) to be a reasonable contribution by the applicant or licensee towards the cost of the investigation.

 

Amendment No 19—

Clause 9, page 6, line 23—

After "written estimate" insert:

, approved by the Minister,

 

Amendment No 20—

Clause 9, page 6, line 29—

Delete "provide the licensee with a certified account for" and substitute:

notify the Minister of

 

Amendment No 21—

Clause 9, page 6, after line 30—

Insert:

    (3a)    The Minister must then determine an amount (the required contribution), which must not exceed the amount notified by the Commissioner under subsection (3), that he or she considers to be a reasonable contribution by the licensee towards those administration costs.

 

Amendment No 22—

Clause 9, page 6, lines 31-36 & page 7 lines 1-6—

Delete subsections (4) and (5) and substitute:

     (4)     If the required contribution for a particular financial year is less than the amount specified in the estimate provided under subsection (1), and an overpayment has been made by the licensee, the Commissioner must, within 1 month, refund the amount of the overpayment to the licensee.

     (5)     If the required contribution for a particular financial year is greater than the amount specified in the estimate provided under subsection (1), and the total amount of the required contribution has not been paid by the licensee, the licensee must, within 1 month of receiving notice of the underpayment, pay the unpaid balance to the Commissioner.

 

Amendment No 23—

Clause 9, page 7, lines 10-12—

Delete subsection (7) and substitute:

(7)     In proceedings for recovery of an amount under subsection (6), the Commissioner's certificate is to be regarded as conclusive evidence of the amount owing by the licensee.

 

Amendment No 24—

Clause 9, page 7, line 22—

After "written estimate" insert

, approved by the Minister,

 

Amendment No 25—

Clause 9, page 7, line 31—

Delete "provide the licensee with a certified account for" and substitute:

notify the Minister of

 

Amendment No 26—

Clause 9, page 7, after line 32—

Insert:

    (3a)    The Minister must then determine an amount (the required contribution), which must not exceed the amount notified by the Commissioner under subsection (3), that he or she considers to be a reasonable contribution by the licensee towards those administration costs.

 

Amendment No 27—

Clause 9, page 7, lines 33-44—

Delete subsections (4) and (5) and substitute:

     (4)     If the required contribution is less than the amount specified in the estimate provided under subsection (1), and an overpayment has been made by the licensee, the Commissioner must, within 1 month, refund the amount of the overpayment to the licensee.

 

(5)     If the required contribution is greater than the amount specified in the estimate provided under subsection (1), and the total amount of the required contribution has not been paid by the licensee, the licensee must, within 1 month of receiving notice of the underpayment, pay the unpaid balance to the Commissioner.

 

Amendment No 28—

Clause 9, page 8, lines 4-6—

Delete subsection (7) and substitute:

(6)     In proceedings for recovery of an amount under subsection (6), the Commissioner's certificate is to be regarded as conclusive evidence of the amount owing by the licensee.

 

Amendment No 29—

New clause—

After clause 9 insert:

10—Amendment of section 71—Annual report

     (1)     Section 71—after subsection (1) insert:

    (1a)    The Commissioner's report must include any written estimate of administration costs provided to the licensee under Part 5 Division 3 in respect of the relevant financial year and the required contribution by the licensee towards those administration costs.

     (2)     Section 71(3)—after paragraph (b) insert:

    (ba)    for investigations completed during the relevant financial year—any written estimate of the total cost of the investigation provided to the applicant or licensee under section 25 and the required contribution by the applicant or licensee towards that cost; and

 

Amendment No 30—

New Part, page 8, after line 11—

Insert:

Part 4—Amendment of Independent Gambling Authority Act 1995

11—Amendment of section 17—Confidentiality

Section 17(3)—delete subsection (3)

 

         J M Davis CLERK OF THE LEGISLATIVE COUNCIL

 

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

 

11      Adjournment

House adjourned at 6.23 pm until tomorrow at 2.00 pm.

 

 

____________

 

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

            For Wednesday 3 December 2003

 

Notices of Motion: Government Business -

 

The Attorney-General to move – That he have leave to introduce a Bill for an Act to amend the Courts Administration Act 1993; the De Facto Relationships Act 1996, the Development Act 1993, the Environment, Resources and Development Court Act 1993, the Juries Act 1927, the Summary Procedure Act 1921 and the Supreme Court Act 1935 to make related amendments to various other Acts; and for other purposes.

 

The Minister for Health to move That she have leave to introduce a Bill for an Act to amend the Consent to Medical Treatment and Palliative Care Act 1995.

 

 

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

 

Mr Meier to move – That issues associated with listening and surveillance devices relating to private activities by individuals be referred to the Legislative Review Committee for examination.

 

            For Thursday 4 December 2003

 

Notices of Motion: Other Motions -

 

Mr O’Brien to move – That this House –

(a)           congratulates Silverstone Events Pty Ltd, for organising the Classic Adelaide Rally 2003, which was the most successful of the seven events held since 1997;

(b)           notes the record number of starters from Australia and overseas, the record crowds and the record media interest;

(c)           notes the support from Sir Stirling Moss and Sir Jack Brabham, who vowed to return in 2004; and

(d)           thanks the South Australian Police and the many volunteers for ensuring the event’s success, and congratulates Australian Major Events and the South Australian Tourism Commission for continuing their focus on sponsoring and managing major events in the future.

 

____________

 

 

Present during the day - All Members except Mrs Penfold.

 

 

 

 

 

                                                                                                                        Peter Lewis

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY