No 26

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

WEDNESDAY 8 DECEMBER 2004

 

 

1       Meeting of House

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

 

2       Papers

         The Speaker laid on the Table the following reports:

 

      Register of Members’ Interests – Registrar’s Statement, June 2004 (Pp 133)

      City of Mount Gambier – Report 2003-2004

      Wakefield Regional Council – Report 2003-2004.

 

         The following Papers were tabled:

 

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

      Art Gallery of South Australia – Report 2003 – 2004

 

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

      Agenda for Meeting with the Attorney-General – 5 February 2004

 

By the Minister for Science and Information Economy (Hon P L White) –

      Bio Innovation SA – Report 2003-2004.

 

3       Legislative Review Committee - Reports – Tenth and Eleventh

 

Tenth Report

Mr Hanna brought up the 10th Report of the Committee.

Report received.

 

Eleventh Report

Mr Hanna brought up the 11th Report of the Committee.

Report received and read as follows:

 

The Regulations listed hereunder are at present being considered by the Legislative Review Committee. Evidence is being taken on these matters and it is necessary for a Notice of Motion for Disallowance to be given in both Houses before the expiration of 14 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.

 

Regulations referred to:

Local Government Act 1999 – By-laws – District of Cleve

      By-law No 4 - Local Government Land

Victims of Crime Act 2001 - Statutory Compensation.

 

4       Questions

Questions without notice were asked.

 

5       Messages from the Legislative Council

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

 

         Parliamentary Remuneration (Restoration of Provisions) Amendment Bill

                                                                                                                        Message No 20

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled and Act to amend the Parliamentary Remuneration Act 1990, without any amendment.

         Legislative Council, 7 December 2004                                             R R Roberts, PRESIDENT

 

         Gaming Machines (Miscellaneous) Amendment Bill                               Message No 21

MR SPEAKER - The Legislative Council has agreed to the amendment made by he House of Assembly to the Legislative Council’s Amendment No 11 in the Gaming Machines (Miscellaneous) Amendment Bill without any amendment, does not insist on its Suggested Amendments Nos 2 and 3 to which the House of Assembly has disagreed, and has agreed to the alternative amendments in lieu thereof without any amendment.  The Bill is returned herewith.

         Legislative Council, 7 December 2004                                             R R Roberts, PRESIDENT

 

6       Suspension of Standing Orders

Mr Venning, without notice, moved - That for the remainder of the session, Standing and Sessional Orders be so far suspended as to provide that the Sessional Order adopted on 14 October does not apply to notices of motion for the disallowance of regulations.

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

 

7       Grievance debate

On motion of the Speaker, the House noted grievances.

 

8       Postponement of business

Ordered separately - That Notices of Motion: Private Members Bills/Committees/Regulations Nos 2 and 7 be postponed until Wednesday 9 February 2005.

 

9       Public Works Committee - Report – Adelaide Light Railway Upgrade of Glenelg Tramway Infrastructure - Motion to note

Mr Caica, pursuant to notice, moved - That the 210th Report of the Public Works Committee on the Adelaide Light Railway Upgrade of Glenelg Tramway Infrastructure be noted.

Debated ensued.

Question put and passed.

 

10      Public Works Committee - Report – Blacks Road, Flagstaff Hill (Upgrade Flagstaff Road to Oakridge Road)- Motion to note

Mr Caica, pursuant to notice, moved - That the 211th Report of the Public Works Committee on the Blacks Road, Flagstaff Hill (Upgrade Flagstaff Road to Oakridge Road) be noted.

Debated ensued.

Question put and passed.

 

11      Plumbers, Gas Fitters and Electricians Act 1995 – Regulations – Apprentices - Motion to disallow

Mr Hanna, pursuant to notice, moved – That the Regulations made under the Plumbers, Gas Fitters and Electricians Act 1995 entitled Apprentices, made on 9 September and laid on the Table of this House on 15 September, be disallowed.

         Question put and passed.

 

 

 

 

12      Select Committee on the Tattooing and Body Piercing Industries - Motion re

Mr Rau, pursuant to notice, moved - That a Select Committee be established to recommend options for managing and/or regulating the tattooing and body piercing industries and, in particular to examine

(a)           the effectiveness of self regulation, including existing harm minimisation approaches;

(b)           any special measures to address the protection of minors and impulse tattooing of adults;

(c)           the effectiveness of enforcement under the Summary Offences Act 1953 and  other legislation;

(d)           a comparison with other national and international regulatory and management regimes; and

(e)           any implications of monitoring and enforcement of possible management options.

Debate ensued.

Question put and passed.

 

Select Committee

A Committee was appointed consisting of Hon G M Gunn, Mrs Hall, Mr O’Brien, Ms Rankine and the mover.

Ordered - That the Committee have power to send for persons, papers and records and to adjourn from place to place.

To report on Wednesday 9 February 2005.

 

Suspension of Standing Orders

Mr Rau, without notice, moved - That Standing Order 339 be and remain so far suspended as to enable the Select Committee on the Tattooing and Body Piercing Industries to authorise the disclosure or publication, as it thinks fit, of any evidence presented to the Committee prior to such evidence being reported to the House.

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

 

13      Roadwork (Regulation) Bill

Mr Hamilton-Smith, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to regulate the carrying out of roadwork that may have a severely adverse affect on the flow of traffic or the conduct of business; and to create a right of action in damages against an authority that carries out certain roadwork without taking appropriate action to minimise loss to businesses conducted in the vicinity of the work.

Question put and passed.

         Bill presented and read a first time.

 

         Mr Hamilton-Smith moved - That this Bill be now read a second time.

Ordered, on motion of Mr Snelling, that the debate be adjourned until Wednesday 9 February 2005.

 

14      Postponement of business

Ordered - That Notice of Motion: Private Members Bills/Committees/Regulations No 15 be postponed until Wednesday 16 February 2005.

 

15      The Standard Time (Eastern Standard Time) Amendment Bill

Mr Hanna, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend The Standard Time Zone Act 1998.

Question put and passed.

         Bill presented and read a first time.

        

Mr Hanna moved - That this Bill be now read a second time.

Ordered, on motion of Mrs Penfold, that the debate be adjourned until Wednesday 16 February 2005.

 

 

 

16      Local Government (Reconstitution of Local Government Areas) Amendment Bill

Mrs Redmond, pursuant to notice, moved - That she have leave to introduce a Bill for an Act to amend the Local Government Act 1999.

Question put and passed.

         Bill presented and read a first time.

 

         Mrs Redmond moved - That this Bill be now read a second time.

Ordered, on motion of Mrs Geraghty, that the debate be adjourned until Wednesday 16 February 2005.

 

17      Postponement of business

Ordered - That Notice of Motion: Private Members Bills/Committees/Regulations No 18 be postponed and taken into consideration after Notice of Motion: Private Members Bills/Committees/Regulations No 20.

 

18      Environment, Resources and Development Committee - Report on Waste Management - Motion to note

Ms Breuer, pursuant to notice, moved - That the 52nd Report of the Environment, Resources and Development Committee on Waste Management be noted.

Debated ensued.

Question put and passed.

 

19      Postponement of business

Ordered - That Notice of Motion: Private Members Bills/Committees/Regulations No 20 be postponed and taken into consideration after Notice of Motion: Private Members Bills/Committees/Regulations No 18.

 

20      Heritage (Beechwood Garden) Amendment Bill

Mrs Redmond, pursuant to notice, moved - That she have leave to introduce a Bill for an Act to amend the Heritage Act 1993.

Question put and passed.

         Bill presented and read a first time.

 

         Mrs Redmond moved - That this Bill be now read a second time.

Ordered, on motion of Mr Snelling, that the debate be adjourned until Wednesday 9 February 2005.

 

21      Occupational Safety, Rehabilitation and Compensation Committee - Annual Report 2003 - 2004 - Motion to note

Mr Caica, pursuant to notice, moved - That the 8th Report of the Occupational Safety, Rehabilitation and Compensation Committee being the Annual Report 2003 – 2004, be noted.

Debated ensued.

Ordered, on the motion of Mrs Redmond, that the debate be adjourned until Wednesday 9 February 2005.

 

22      Road Traffic (Drug Tests) 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.

 

____________

 

The two hours for consideration of Private Members Business having expired, the debate was adjourned (Hon W A Matthew, by leave) and Government Business was called on.

____________

 

 

 

 

23      Suspension of Standing Orders

The Minister for the River Murray (Hon K A Maywald), without notice, moved - That Standing Orders be so far suspended as to enable Order of the Day: Private Members Business Bills/Committees/Regulations No 28 to be taken into consideration forthwith.

Question put and there being a negative voice:

 

         Division, only one Noe

The House proceeded to a division, but only one Member appearing on the side of the Noes, the Speaker declared the Ayes had it.

So it was resolved in the affirmative.

 

24      Statutes Amendment (Misuse of Motor Vehicles) Bill

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

 

In Committee

Resolved – That Amendments Nos 1 and 2 be agreed to.

 

____________

 

         The House having resumed:

Mr Snelling reported that the Committee had considered the amendments referred to it and had agreed to the same without amendment.

 

25      Maritime Services (Access) (Functions of Commission) Amendment Bill

The Minister for Transport (Hon P L White), pursuant to notice, moved - That she have leave to introduce a Bill for an Act to amend the Maritime Services (Access) Act 2000.

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 I F Evans, that the debate be adjourned until tomorrow.

 

26      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.

 

27      First Home Owners Grant (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.

         Question put and passed.

 

         Bill read a second time.

         Proceeded, by leave, to the third reading.

 

         Bill read a third time and passed.

 

28      Correctional Services (Miscellaneous) Amendment Bill

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

         The Minister for Transport, moved - That this Bill be now read a second time.

         Ordered, on motion of Mrs Hall, that the debate be adjourned and resumed on motion.

 

29      Postponement of business

Ordered - That Order of the Day: Government Business No 2 be postponed and taken into consideration after Order of the Day: Government Business No 4.

 

 

 

 

30      Petroleum (Submerged Lands) (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.

         Question put and passed.

 

         Bill read a second time.

         Proceeded, by leave, to the third reading.

 

         Bill read a third time and passed.

 

31      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.

         Question put and passed.

 

         Bill read a second time.

 

In Committee

Clauses Nos 1 to 7 agreed to.

New Clause No 7A inserted.

Clause No 8 agreed to.

New Clause No 9 inserted.

Title amended and agreed to.

____________

 

         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.

 

32      Postponement of business

Ordered - That Order of the Day: Government Business No 5 be postponed and taken into consideration after Order of the Day: Government Business No 6.

 

33      Motor Vehicles (Fees) 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.

         Question put and passed.

 

         Bill read a second time.

 

In Committee

Clauses Nos 1 and 2 agreed to.

New Clause No 2A inserted.

Clauses Nos 3 and 4 amended and agreed to.

Title agreed to.

 

____________

 

         The House having resumed:

Ms Thompson 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.

 

 

34      Criminal Law Consolidation (Criminal Neglect) 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 Mrs Redmond, by leave, that the debate be further adjourned and resumed on motion.

 

35      Extension of time for adjournment

Ordered, on motion of the Attorney-General, that the time for moving the adjournment of the House be extended beyond 10.00 pm.

 

36      Criminal Law Consolidation (Criminal Neglect) 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 Mrs Redmond, by leave, that the debate be further adjourned until tomorrow.

 

37      Message from the Legislative Council

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

 

         Pitjantjatjara Land Rights (Regulated Substances) Amendment Bill

                                                                                                                        Message No 22

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Pitjantjatjara Land Rights Act 1981, to which it desires the concurrence of the House of Assembly.

         Legislative Council, 8 December 2004                                             R R Roberts, PRESIDENT

 

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

 

38      Adjournment

House adjourned at 10.07 pm until tomorrow at 10.30 pm.

 

 

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MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

            For Thursday 9 December 2004

 

Notices of Motion: Government Business -

 

The Attorney-General to move – That he have leave to introduce a Bill for and Act to amend the Gaming Machines Act 1992, the Liquor Licensing Act 1997 and the Security and Investigation Agents Act 1995.

 

The Minister for Transport to move – That she have leave to introduce a Bill for an Act to amend the Railways (Operations and Access) Act 1997.

 

            For Thursday 9 February 2005

 

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

 

Mr Hanna to move – That the Regulations made under the Victims of Crime Act 2001 entitled Statutory Compensation, made on 21 October and laid on the Table of this House on 26 October, be disallowed.

 

Mr Hanna to move – That By-Law No 4, entitled Local Government Land, made by the District Council of Cleve on 8 October and laid on the Table of this House on 26 October, be disallowed.

 

 

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Present during the day - All Members.

 

 

 

 

 

                                                                                                                        Peter Lewis

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY