No 27

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

THURSDAY 11 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       Postponement of business

Ordered – separately - That Notices of Motion: Private Members Bills/Committees/Regulations Nos 2 to 4 be Notices of Motion for Thursday 25 March.

 

3       Postponement of business

Ordered – separately - That Orders of the Day: Private Members Bills/Committees/Regulations Nos 1 and 2 be Orders of the Day for Thursday 25 March.

 

4       Constitution (Citizenship) Amendment Bill

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

 

In Committee

                                                Clause No 2 further considered and agreed to.

                                                Clause No 3 read.

         Mr McEwen moved on page 1, after line 34, to insert the following:

      (4) Subsection (2) does not apply to a person who has been a member of Parliament of South Australia at any time before the commencement of the Constitution (Citizenship) Amendment Act 1998.

 

      (5) The seat of a member of the Legislative Council who has been a member of the Parliament of South Australia at any time before the commencement of the Constitution (Citizenship) Amendment Act 1998 is not vacated because the member acquires or uses a foreign passport or travel document.

 

Amendment to amendment

Mr Atkinson moved to amend the amendment by leaving out subsection (4).

 

Question - That the amendment to the amendment be agreed to – put.


      Committee divided (No 1):

 


              Ayes, 20

 

Ms Bedford

Ms Breuer

Ms Ciccarello

Mr Clarke

Mr Conlon

Mr De Laine

Mr Foley

Mrs Geraghty

Mr Hanna

Mr Hill

Ms Hurley

Ms Key

Mr Koutsantonis

Ms Rankine

Hon M D Rann

Mr Snelling

Ms Thompson

Ms White

Mr Wright

Mr Atkinson (Teller)


        Noes, 24

 

Hon M H Armitage

Hon M K Brindal

Mr Brokenshire

Hon D C Brown

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

Mr Lewis

Hon W A Matthew

Ms Maywald

Mr McEwen

Mr Meier

Hon J W Olsen

Hon J K G Oswald

Mrs Penfold

Hon R B Such

Mr Venning

Mr Williams

Mr Scalzi (Teller)


 

         So it passed in the negative.

 

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

                                                Clause further amended and agreed to.

                                                Clause No 4 amended and agreed to.

____________

 

         The House having resumed:

Hon D C Wotton reported that the Committee had considered the Bill referred to it and had agreed to the same with amendments.

 

Mr Scalzi moved - That this Bill be now read a third time.

Debate ensued.

____________

 

It being Midday, Other Motions were called on.

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5       Suspension of Standing Orders

Mr Meier, without notice, moved - That Standing Orders be so far suspended as to enable Notices of Motion: Other Motions to be postponed until Order of the Day: Private Members Bills/ Committees/ Regulations No 3 is disposed of.

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


 

6       Constitution (Citizenship) Amendment Bill

         Debate (interrupted by the foregoing motion) resumed.

Question put.

House divided (No. 2):

 


                       Ayes, 24

 

Hon M H Armitage

Hon M K Brindal

Mr Brokenshire

Hon D C Brown

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

Mr Lewis

Hon W A Matthew

Ms Maywald

Mr McEwen

Mr Meier

Hon J W Olsen

Mrs Penfold

Hon R B Such

Mr Venning

Mr Williams

Hon D C Wotton

Mr Scalzi (Teller)


        Noes, 20

 

Ms Bedford

Ms Breuer

Ms Ciccarello

Mr Clarke

Mr Conlon

Mr De Laine

Mr Foley

Mrs Geraghty

Mr Hanna

Mr Hill

Ms Hurley

Ms Key

Mr Koutsantonis

Ms Rankine

Hon M D Rann

Mr Snelling

Ms Thompson

Ms White

Mr Wright

Mr Atkinson (Teller)


 

         So it was resolved in the affirmative.

 

         Bill read a third time and passed.

 

7       Great Mount Lofty Park - Motion re

Hon D C Wotton, pursuant to notice, moved – That this House supports the establishment of the Great Mount Lofty Park acknowledging it was an important plank in the Government’s environment policy at the last election and recognising that the multi use Park will contribute significantly to the tourism potential in the Mount Lofty Ranges as well as resource protection and economic development within the State.

         Ordered, on motion of Mr Hill, that the debate be adjourned until Thursday 25 March.

 

8       Tailem Bend to Pinnaroo Railway - Reference to Public Works Committee - Motion re

Mr Lewis having, by leave, amended the motion of which notice was given, moved – That this House calls on all Government agencies which have been involved in any way whatsoever with the work undertaken to convert the railway line from Tailem Bend to Pinnaroo to standard gauge 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 before 31 March 1999, and to appear before the Committee at times and places convenient to it to explain the work and answer all the Committee’s enquiries about the work and any related matters and refers the public works of the standardisation and associated contracts of the Tailem Bend to Pinnaroo railway to the Public Works Committee.

         Debate ensued.

         Mr Hamilton-Smith moved – That the debate be adjourned.

         Question put and negatived.

         Question – That the motion be agreed to - put.

         House divided (No 3):

 


                       Ayes, 25

 

Hon M H Armitage

Mr Atkinson

Ms Breuer

Ms Ciccarello

Mr Clarke

Mr Conlon

Mr De Laine

Mr Foley

Mrs Geraghty

Mr Hanna

Mr Hill

Ms Hurley

Ms Key

Mr Koutsantonis

Ms Maywald

Mr McEwen

Ms Rankine

Hon M D Rann

Mr Scalzi

Mr Snelling

Ms Thompson

Ms White

Mr Williams

Mr Wright

Mr Lewis (Teller)


        Noes, 17

 

Hon M K Brindal

Mr Brokenshire

Hon D C Brown

Mr Condous

Hon I F Evans

Hon G M Gunn

Hon J L Hall

Hon G A Ingerson

Hon R G Kerin

Hon W A Matthew

Mr Meier

Hon J W Olsen

Mrs Penfold

Hon R B Such

Mr Venning

Hon D C Wotton

Mr Hamilton-Smith (Teller)


 

         So it was resolved in the affirmative.

 

9       Northern Power Station – Reference to Public Works Committee - Motion re

Mr Lewis having, by leave, amended the motion of which notice was given, moved – That this House calls on Flinders Power Pty Ltd which is 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 and refers the public works of the project and associated contracts to the Public Works Committee.

         Debate ensued.

____________

 

Orders of the Day: Other Motions were called on by the Clerk.

____________

 

10      Postponement of business

Mr De Laine moved  - That Orders of the Day: Other Motions be postponed until Notices of Motion: Other Motions are disposed of.

Question put and passed.

 

11      Northern Power Station – Reference to Public Works Committee - Motion re

         Debate (interrupted by the foregoing motion) resumed.

         Question put and passed.


 

12      Sporting Flags Display Motion re

Order of the Day read for the adjourned debate on the motion of Mr Hill - That this House calls on the Minister for Transport and Urban Planning to amend the Development Act 1993 and Regulations to ensure that South Australians have the right to display sporting flags.

         Debate resumed.

Mr Hamilton-Smith moved to amend the motion by leaving out all words after “House” and inserting in lieu thereof the following:

         (a)  notes that the Development Act 1993 and Regulations already provide for the installation on private property of a flag pole less than 10 metres in height and the flying of a recognised sporting flag, without the need to seek Council approval; and

         (b)  considers that the Development Act 1993 and Regulations should continue to provide that flag poles greater than 10 metres in height and any flags incorporating advertising, require Council approval.

         Debate continued.

Ordered, on motion of Mr De Laine, that the debate be further adjourned until Thursday 25 March.

 

13      Coongie Lakes Wetlands - Motion re

Order of the Day read for the adjourned debate on the motion of Mr Hill - That this House calls on the Minister for Environment and Heritage to ensure that applications to grant wilderness status to the Coongie Lakes Wetlands be processed forthwith, and calls on the Minister to ensure that Coongie Lakes Wetlands be given the highest possible level of environmental protection once the exploration licences for the area expire in February 1999.

Debate resumed.

____________

 

It being 1.00 pm, the debate was adjourned (Mr Lewis) and made an Order of the Day for Thursday 25 March.

____________

 

14      Questions

         Questions without notice were asked.

 

15      Grievance debate

The Speaker proposed - That the House note grievances.

Debate ensued.

Question put and passed.

 

16      Next day of sitting

The Deputy Premier (Hon R G Kerin) moved - That the House at its rising adjourn until Tuesday 23 March at 2.00 pm.

         Question put and passed.

 

17      Select Committee on Water Allocation in the South East – Leave to sit

Hon G M Gunn, by leave, moved – That the Select Committee on Water Allocation in the South East have leave to sit during the sittings of the House today.

Question put and passed.


 

18      Suspension of Standing Orders

The Deputy Premier, without notice, moved - That Standing Orders be so far suspended as to enable the introduction of a Bill forthwith.

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

 

         Soil Conservation and Land Care (Appeal Tribunal) Amendment Bill

The Deputy Premier, pursuant to order, moved - That he have leave to introduce a Bill for an Act to amend the Soil Conservation and Land Care 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 Ms Hurley, that the debate be adjourned until Tuesday 23 March.

 

19      Industrial and Employee Relations (Workplace Relations) Amendment Bill

The Minister for Government Enterprises (Hon M H Armitage), pursuant to notice, moved - 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.

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 Tuesday 23 March.

 

20      Postponement of business

Ordered - That Orders of the Day: Government Business Nos 1 to 3 be postponed and taken into consideration after Order of the Day: Government Business No 4.

 

21      Statutes Amendment (Sentencing – Miscellaneous) 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 14 agreed to.

                                                Title agreed to.

____________

 

         The House having resumed:

Hon D C Wotton 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.

 

22      Extension of sitting

The Minister for Local Government (Hon M K Brindal) moved - That the time for moving the adjournment of the House be extended beyond 5.00 pm.

Question put and passed.

 


 

23      Local Government Bill

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

 

In Committee

                                                Clause No 51 further considered, amended and agreed to.

                                                Clause No 52 amended and agreed to.

                                                Clauses Nos 53 to 68 agreed to.

                                                Clause No 69 amended and agreed to.

                                                Clauses Nos 70 to 72 agreed to.

                                                Clause No 73 amended and agreed to.

                                                Clauses Nos 74 to 76 agreed to.

                                                Clause No 77 amended and agreed to.

                                                Clauses Nos 78 to 86 agreed to

                                                Clause No 87 amended and agreed to.

                                                Clauses Nos 88 to 90 agreed to.

                                                Clause No 91 amended and agreed to.

                                                Clauses Nos 92 to 99 agreed to.

                                                Clause No 100 amended and agreed to.

                                                Clauses 101 to 106 agreed to.

                                                Clause No 107 amended and agreed to.

                                                Clauses Nos 108 to 111 agreed to.

                                                Clauses Nos 112 to 116 amended and agreed to.

                                                Clauses Nos 117 to 156 agreed to.

                                                Clauses Nos 157 and 158 amended and agreed to.

                                                Clauses Nos 159 and 160 agreed to.

                                                Clause No 161 amended and agreed to.

                                                Clause No 162 agreed to.

                                                Clause No 163 amended and agreed to.

                                                Clauses Nos 164 to 167 agreed to.

                                                Clause No 168 amended and agreed to.

                                                Clauses Nos 169 to 182 agreed to.

                                                Clause No 183 amended and agreed to.

                                                Clauses Nos 184 to 202 agreed to.

                                                Clause No 203 amended and agreed to.

                                                Clauses Nos 204 to 208 agreed to.

                                                New clauses Nos 208A and 208B inserted.

                                                Clauses Nos 209 to 246 agreed to.

                                                Clause No 247 amended and agreed to.

                                                Clause No 248 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 on Tuesday 23 March.


 

24      Message from the Legislative Council

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

 

         Livestock (Commencement) Amendment Bill                             Message No 42

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Livestock Act 1997, without any amendment.

         Legislative Council, 11 March 1999                                                 J C Irwin, PRESIDENT

 

25      Adjournment

         House adjourned at 5.57 pm until Tuesday 23 March at 2.00 pm.

 

____________

 

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

         For Tuesday 23 March 1999

 

Notice of Motion: Government Business –

 

The Minister for Year 2000 Compliance to move – That he have leave to introduce a Bill for an Act to encourage the voluntary disclosure and exchange of information about year 2000 computer problems and remediation efforts; and for other purposes.

 

For Thursday 25 March 1999

 

Notice of Motion: Private Members Bills/ Committees/ Regulations –

 

Mr Atkinson to move – That the second reading of the Constitution (Citizenship) Amendment Bill be rescinded owing to the Bill being an amendment to the constitution of the House of Assembly and the Legislative Council and failing to gain the concurrence of an absolute majority of the whole number of the Members of the House on its second reading on Thursday 4 March, 1999, as required by section 8 of the Constitution Act 1934.

 

 

____________

 

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

 

         Division No 1 -

               Ayes - Ms Stevens.

               Noes - Hon M R Buckby.

 

         Division No 2 -

               Ayes - Hon M R Buckby.

               Noes - Ms Stevens.

 

         Division No 3 -

               Ayes - Ms Stevens and Ms Bedford.

               Noes - Hon M R Buckby and Hon D C Kotz.

 

 

         Present during the day - All Members except Ms Stevens.

 

 

 

 

 

                                                                                                            J K G Oswald

                                                                                                            SPEAKER

 

G D Mitchell

CLERK OF THE HOUSE OF ASSEMBLY