No. 27

 

                    VOTES AND PROCEEDINGS

 

                           OF THE

 

                      HOUSE OF ASSEMBLY

 

                                ____________

 

 

                            THURSDAY 12 MAY 1994

 

 

 1   Meeting of House

     The House met pursuant to adjournment.  The Speaker (Hon. G.M. Gunn) took the Chair and read prayers.

 

 2   Government  Management and Employment Act - Regulations - Various Remade - Motion for disallowance

     Mr Cummins, pursuant to notice, moved - That the Various Remade Regulations under the Government Management and Employment Act 1985, made on 16 September 1993 and laid on the Table of this House on 6 October 1993, be disallowed.

     Question put and passed.

 

 3   Postponement of business

     Ordered - That Notice of Motion: Private Members Bills/Committees/Regulations No. 5 be a Notice of Motion for Thursday 19 May.

 

 4   Workers Rehabilitation and Compensation Act - Regulations - Hearing Loss - Motion for disallowance

     Mr Cummins, pursuant to notice, moved - That the Regulations under the Workers Rehabilitation and Compensation Act 1986 relating to Hearing Loss, made on 17 March 1994 and laid on the Table of this House on 22 March 1994, be disallowed.

     Question put and passed.

 

 5   Local Government Act - Regulations - Superannuation Scheme - Motion for disallowance

     Mr Cummins, pursuant to notice, moved - That the Regulations under the Local Government Act 1934 relating to the Superannuation Scheme, made on 20 January 1994 and laid on the Table of this House on 10 March 1994, be disallowed.

     Question put and passed.

 

 6   Organ Donation - Motion for Select Committee

     Hon. M.H. Armitage, pursuant to notice, moved - That a Select Committee of this House be established to consider and report on:

     (a)   the availability of organs for transplantation purposes;

     (b)   the current system of donating organs for transplantation purposes;

     (c)   other systems for donating organs for transplantation purposes, including the "opting out" system;

     (d)   any legislative implications; and

     (e)   any other matters related to terms of reference (a) to (d).

     Debate ensued.

     Mr Lewis moved after subsection (d), to insert new subsections as follow:

     "(e)  the cultural and religious implication of existing practices;

     (f)   the cultural and religious implications of any suggested changes to existing, legal medical and administrative practices; and"

     Debate continued.

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

     Question - That the motion, as amended, be agreed to - put and passed.

 

     Select Committee

     And a Committee was appointed consisting of Mr Atkinson, Hon. F.T. Blevins, Mr Brindal, Mrs Greig and Hon. M.H. Armitage.

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

     To report on Thursday 4 August 1994.

 

 7   Suspension of Standing Orders

     Mr Meier, without notice, moved - That Standing Orders be so far suspended as to enable Orders of the Day: Private Members Bills/Committees/Regulations to be postponed until after Notices of Motion: Private Members Bills/Committees/Regulations are disposed of.

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

 

 8   Environment, Resources and Development Committee Report - Development Act Regulations - Motion to note

     Mrs Kotz, pursuant to notice, moved - That the Eleventh Report of the Environment, Resources and Development Committee on the Development Act Regulations be noted.

     Debate ensued.

     Question put and passed.

 

 9   Workers Rehabilitation and Compensation Act - Regulations - Written Determinations - Motion for disallowance

     Mr Cummins, pursuant to notice, moved - That the Regulations under the Workers Rehabilitation and Compensation Act 1986 relating to Written Determinations, made on 31 March 1994 and laid on the Table of this House on 12 April 1994, be disallowed.

     Question put and passed.

 

10   Citizens Initiated Referenda - Motion for referral to Legislative Review Committee

     Order of the Day read for the adjourned debate on the motion of Mr Lewis - That this House restores the reference of Citizens Initiated Referenda (C.I.R.) to the Legislative Review Committee agenda and seeks an interim report before 12 August 1994  outlining the steps taken by the Committee to collect evidence and summarizing the majority opinion of submissions about the proposal.

     Debate resumed.

     Question put.


     House divided (No. 1):

 

              Ayes, 32.

         Hon. H. Allison

         Mr Andrew

         Mr Ashenden

         Hon. D.S. Baker

         Hon. S.J. Baker

         Mr Bass

         Mr Becker

         Mr Brindal

         Mr Brokenshire

         Mr Buckby

         Mr Caudell

         Mr Condous

         Mr Cummins

         Mr Evans

         Ms Greig

         Ms Hall

         Hon. G.A. Ingerson

         Mr Kerin

         Mrs Kotz

         Mr Leggett

         Hon. W.A. Matthew

         Mr Meier

         Hon. J.W. Olsen

         Ms Penfold

         Ms Rosenberg

         Mr Rossi

         Mr Scalzi

         Hon. R.B. Such

         Mr Venning

         Mr Wade

         Hon. D.C. Wotton

         Mr Lewis (Teller)

     Noes, 10.

Hon. L.M.F. Arnold

Mr Atkinson

Mr Clarke

Mr De Laine

Mr Foley

Ms Hurley

Mr Quirke

Hon. M.D. Rann

Ms Stevens

Hon. F.T. Blevins (Teller)

     So it was resolved in the affirmative.

 

 

11   Daylight Saving (Prescribed Period) Amendment Bill

     Order of the Day read for the adjourned debate on the question - That this Bill be now read a second time.

     Mr Meier moved - That the debate be further adjourned.

     Question put.


     House divided (No. 2):

 

            Ayes, 33.

         Hon. H. Allison

         Mr Andrew

         Mr Ashenden

         Hon. D.S. Baker

         Hon. S.J. Baker

         Mr Bass

         Mr Becker

         Mr Brindal

         Mr Brokenshire

         Mr Buckby

         Mr Caudell

         Mr Condous

         Mr Cummins

         Mr Evans

         Ms Greig

         Ms Hall

         Hon. G.A. Ingerson

         Mr Kerin

         Mrs Kotz

         Mr Leggett

         Mr Lewis

         Hon. W.A. Matthew

         Hon. J.W. Olsen

         Hon. J.K.G. Oswald

         Ms Penfold

         Ms Rosenberg

         Mr Rossi

         Mr Scalzi

         Hon. R.B. Such

         Mr Venning

         Mr Wade

         Hon. D.C. Wotton

         Mr Meier (Teller)

     Noes, 10.

Hon. L.M.F. Arnold

Mr Atkinson

Mr Clarke

Mr De Laine

Mr Foley

Ms Hurley

Mr Quirke

Hon. M.D. Rann

Ms Stevens

Hon. F.T. Blevins (Teller)

 

     So it was resolved in the affirmative.

 

     Ordered - That the debate be resumed on motion.

 

12   The Standard Time (Eastern Standard Time) 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.


     House divided (No. 3):

 

            Ayes, 10.

         Mr Atkinson

         Hon. F.T. Blevins

         Mr Clarke

         Mr De Laine

         Mr Foley

         Ms Hurley

         Mr Quirke

         Hon. M.D. Rann

         Ms Stevens

         Hon. L.M.F. Arnold (Teller)

     Noes, 29.

Hon. H. Allison

Mr Andrew

Mr Ashenden

Hon. D.S. Baker

Mr Bass

Mr Becker

Mr Brindal

Mr Brokenshire

Mr Buckby

Mr Caudell

Mr Condous

Mr Cummins

Mr Evans

Ms Greig

Ms Hall

Hon. G.A. Ingerson

Mr Kerin

Mr Leggett

Mr Lewis

Hon. W.A. Matthew

Ms Penfold

Ms Rosenberg

Mr Rossi

Mr Scalzi

Hon. R.B. Such

Mr Venning

Mr Wade

Hon. D.C. Wotton

Mr Meier (Teller)

     So it was passed in the negative.

 

13   Courts Administration (Directions by the Governor) 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.

 

     Reasoned amendment

     Mr Andrew, pursuant to contingent motion, moved - That all words after "be" be left out and the words "withdrawn and referred to the Legislative Review Committee for its report and recommendation" be inserted in lieu thereof.

     Debate continued.

     Question - That the amendment be agreed to - put.


     House divided (No. 4):

 

            Ayes, 28.

         Hon. M.H. Armitage

         Mr Ashenden

         Hon. D.S. Baker

         Mr Bass

         Mr Becker

         Mr Brindal

         Mr Brokenshire

         Mr Buckby

         Mr Caudell

         Mr Condous

         Mr Cummins

         Mr Evans

         Ms Greig

         Ms Hall

         Mr Kerin

         Mr Leggett

         Mr Lewis

         Hon. W.A. Matthew

         Mr Meier

         Ms Penfold

         Ms Rosenberg

         Mr Rossi

         Mr Scalzi

         Hon. R.B. Such

         Mr Venning

         Mr Wade

         Hon. D.C. Wotton

         Mr Andrew (Teller)

     Noes, 10.

Hon. L.M.F. Arnold

Mr Atkinson

Mr Clarke

Mr De Laine

Mr Foley

Ms Hurley

Mr Quirke

Hon. M.D. Rann

Ms Stevens

Hon. F.T. Blevins (Teller)

     So it was resolved in the affirmative.

     Question - That the motion as amended be agreed to - put.


     House divided (No. 5):

 

            Ayes, 30.

         Hon. M.H. Armitage

         Mr Ashenden

         Hon. D.S. Baker

         Hon. S.J. Baker

         Mr Bass

         Mr Becker

         Mr Brindal

         Mr Brokenshire

         Mr Buckby

         Mr Caudell

         Mr Condous

         Mr Cummins

         Mr Evans

         Ms Greig

         Ms Hall

         Mr Kerin

         Mrs Kotz

         Mr Leggett

         Mr Lewis

         Hon. W.A. Matthew

         Mr Meier

         Ms Penfold

         Ms Rosenberg

         Mr Rossi

         Mr Scalzi

         Hon. R.B. Such

         Mr Venning

         Mr Wade

         Hon. D.C. Wotton

         Mr Andrew (Teller)

     Noes, 10.

Hon. L.M.F. Arnold

Mr Atkinson

Mr Clarke

Mr De Laine

Mr Foley

Ms Hurley

Mr Quirke

Hon. M.D. Rann

Ms Stevens

Hon. F.T. Blevins (Teller)

     So it was resolved in the affirmative.

     Bill withdrawn.

 

14   Return to writ - District of Torrens

     The Speaker reported the receipt by him of the return to the writ issued by him for the election of a Member to serve in the District of Torrens.  In place of Mr P.J. Tiernan, deceased, Mrs Robyn Geraghty was certified to be duly elected for the District of Torrens.

     Mrs Geraghty was then introduced and came to the Table and, having made the Affirmation of Allegiance, took her seat for the District of Torrens.

 

15   Petitions Nos 55 and 56

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

 

     55 Mr Evans, from 816  residents of South Australia, requesting that the House urge the      Government to not to close the Belair State Flora Nursery.

 

     56 Mr Venning, from 747 residents of South Australia, requesting that the House urge the Government to establish the State's time on the meridian of 135 degrees east and not to extend daylight saving.

 

16   Papers

     The following Papers were tabled:

 

     By the Deputy Premier (Hon. S.J. Baker) -

        Ministerial Statement - Review of Consumer Legislation

 

     By the Minister for Aboriginal Affairs (Hon. M.H. Armitage) -

        Royal Commission in Aboriginal Deaths in Custody - Implementation Report, April 1994

 

     By the Minister for Health (Hon. M.H. Armitage) -

        Committee Appointed to Examine and Report on Abortions Notified in South Australia - Report, 1993

        Nurses Board of South Australia - Report, 1992-93

        Commissioners for Charitable Funds - Report, 1992-93

 

     By the Minister for Housing, Urban Development and Local Government Relations (Hon. J.K.G.     Oswald) -

        Public Parks Act - Disposal of land - S.N. Davey Reserve, Port Adelaide

        District Council of Victor Harbor - By-law No. 2 - Animals and Birds.

 

17   Questions

     Questions without notice were asked.

 

18   Extension of time for asking questions

     The Deputy Premier moved - That the time for asking questions without notice be extended by 10 minutes.

     Question put and passed.

     Questions without notice resumed.

 

19   Grievance debate

     The Speaker proposed - That the House note grievances.

     Debate ensued.

     Question put and passed.

 

20   Public Works Standing Committee - Appointment of Membership

     The Deputy Premier, by leave, moved - That, from 1 July 1994, Messrs Ashenden and Caudell, Mrs Hall, Mr Kerin and Ms Stevens be appointed to the Public Works Standing Committee.

     Question put and passed.

 

21   Flinders University Council - Substitution of Member

     The Deputy Premier, by leave, moved - That Ms Stevens be appointed to the Flinders University Council, in place of Mr M.J. Evans, resigned.

     Question put and passed.

 

22   Land Acquisition (Native Title) Amendment Bill

     The Minister for Environment and Land Management (Hon. D.C. Wotton), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Land Acquisition Act 1969; and to make a related amendment to the Crown Lands Act 1929.

     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 Quirke, that the debate be adjourned until tomorrow.

 

23   Message from the Legislative Council

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

 

     Limitation of Actions (Recovery of Taxes and Substantive Law)

        Amendment Bill                                       Message No. 57

     MR SPEAKER - The Legislative Council requests that a Conference may be granted to it respecting certain amendments in the Limitation of Actions (Recovery of Taxes and Substantive Law) Amendment Bill.  In the event of a Conference being agreed to, the Legislative Council will be represented thereat by five managers.

     Legislative Council, 11 May 1994                  H.P.K. Dunn, PRESIDENT

 

        Schedule of the amendments made by the House of Assembly and

                  disagreed to by the Legislative Council

     No. 1   Clause 4, page 2, line 8 - Leave out "twelve" and insert "six".

     No. 2   Clause 4, page 2, lines 12 - Leave out "eight" and insert "two".

    

    Schedule of the reason for disagreeing with the foregoing amendments

     Because the limitation period should remain at twelve months as a matter of fairness.

                        J.M. Davis, CLERK OF THE LEGISLATIVE COUNCIL

 

     Ordered - That the Message be taken into consideration forthwith.

 

     Conference

     The Deputy Premier moved - That a Message be sent to the Legislative Council granting a Conference as requested by the Council; and that the time and place for holding it be the House of Assembly Conference Room, at 8.15 a.m. tomorrow; and that Messrs Buckby, Meier and Quirke, Ms Stevens and the mover be the managers on the part of this House.

     Question put and passed.

 

24   Suspension and resumption of sitting

     At 4.50 p.m. the sitting of the House was suspended.

     At 5.05 p.m. the Speaker resumed the Chair.

 

25   Suspension of Standing and Sessional Orders

     The Deputy Premier, without notice, moved - That Standing and Sessional Orders be so far suspended as to enable those Orders of the Day: Other Motions set down for today, where debate has ensued, to be taken into consideration forthwith, without debate.

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

     Debate ensued.

     Question put and passed.

 

26   South African Democracy - Motion re

     Order of the Day read for the adjourned debate on the motion of Hon. L.M.F. Arnold - That this House notes the establishment of democracy in South Africa and congratulates all those people, organisations and parties both in South Africa and elsewhere that have worked for this to happen.

     Question put and passed.

 

27   Adelaide City Soccer Team - Motion re

     Order of the Day read for the adjourned debate on the motion of Mr Becker - That this House congratulates and honours the Adelaide City Soccer Team following their magnificent 1 - nil victory over the Melbourne Knights in Melbourne on Sunday.

     Question put and passed.

 

28   Breast Cancer Research Funding - Motion re

     Order of the Day read for the adjourned debate on the motion of Mrs Kotz - That this House calls upon the Prime Minister and the Federal Health Minister to increase research funds to help combat breast cancer from $1.4m to $14m in the 1994-95 budget and to consider initiatives through the tax system to encourage donations for breast cancer research.

     Question put and passed.

 


29   WorkCover - Motion re

     Order of the Day read for the adjourned debate on the motion of Mr Ashenden - That this Parliament:

     (a)     condemns the previous Labor Government for its lack of interest in employers in this State as evidenced by the lack of administrative control it required WorkCover to exercise in its claims and case management and for its politically-motivated appointments to the WorkCover Board, Review Officer Panel and Appeals Tribunal; and

     (b)     urges the present Government to take immediate steps to introduce administrative changes to ensure that workers' compensation in South Australia is fair to all concerned, is efficiently managed and provided at a realistic cost, and to require the WorkCover Corporation to be more objective in the assistance its Claims staff provides employers in relation to claims management, case management, and false and fraudulent claims.

     Question put.

     House divided (No. 5):

 

            Ayes, 32.

         Hon. H. Allison

         Mr Andrew

         Hon. M.H. Armitage

         Hon. S.J. Baker

         Mr Bass

         Mr Becker

         Mr Brindal

         Mr Brokenshire

         Hon. D.C. Brown

         Mr Buckby

         Mr Caudell

         Mr Condous

         Mr Cummins

         Mr Evans

         Ms Greig

         Ms Hall

         Mr Kerin

         Mrs Kotz

         Mr Leggett

         Mr Lewis

         Hon. W.A. Matthew

         Hon. J.W. Olsen

         Hon. J.K.G. Oswald

         Ms Penfold

         Ms Rosenberg

         Mr Rossi

         Mr Scalzi

         Hon. R.B. Such

         Mr Venning

         Mr Wade

         Hon. D.C. Wotton

         Mr Meier (Teller)

     Noes, 9.

Mr Atkinson

Hon. F.T. Blevins

Mr Clarke

Mr Foley

Ms Geraghty

Mr Quirke

Hon. M.D. Rann

Ms Stevens

Mr De Laine (Teller)

     So it was resolved in the affirmative.

 

30   Bushfire Fighters - Motion re

     Order of the Day read for the adjourned debate on the motion of Mr Quirke - That this House congratulates those members of the CFS and MFS who recently fought bushfires in New South Wales and recognizes the contribution of all those other firefighters who remained in South Australia during this period minding the "fort".

     Question put and passed.

 


31   Industry Statement - Motion re

     Order of the Day read for the adjourned debate on the motion of Mr Foley -  That this House urges the Federal Government to ensure that their forthcoming Industry Statement contains the following:

     (a)     Industry Development Plans in industries that can be internationally competitive and maximise returns;

     (b)     boost in emphasis of Government purchasing policy towards imports substitution;

     (c)     improved access to finance for small and medium sized businesses;

     (d)     a continued export facilitation push into Asia; and

     (e)     special assistance to regional Australia,

     and this House also cautions the Federal Government against accepting the principles of the recently released Green Paper on Employment Opportunities which state industry policy should swing towards addressing market failures rather than developing plans for particular sectors.

     Question put and passed.

 

32   Medicare Agreement - Motion re

     Order of the Day read for the adjourned debate on the motion of Mr Venning - That this House deplores the terms of the Medicare agreement with the Commonwealth Government signed by the previous Minister of Health, in particular the requirement that the public/private ratio in public hospitals be maintained at the 1991 level and, noting with satisfaction the moves now made by the present Minister to alleviate such problems as long waiting lists, this House urges the Minister to negotiate with the Federal Government to ensure terms more in line with the reality of what the people of South Australia, and especially those in country areas, require of their hospital system.

     Question put and passed.

 

33   Message from the Legislative Council

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

 

     Limitation of Actions (Recovery of Taxes and Substantive Law)

        Amendment Bill                                       Message No. 58

     MR SPEAKER - In reply to Message No. 73 from the House of Assembly, the Legislative Council agrees to the time and place appointed by the House of Assembly for holding the Conference.

     Legislative Council, 12 May 1994                  H.P.K. Dunn, PRESIDENT

 

34   Next day of sitting

     The Deputy Premier moved - That the House, at its rising, adjourn until Tuesday 14 June at 2.00 p.m.

     Debate ensued.

     Question put and passed.

    

35   Occupational Health, Safety and Welfare (Administration) Amendment Bill

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

 

                                In Committee

 

     Resolved - That Amendment No. 1 be agreed to.

     Resolved - That Amendments Nos 2 and 3 be disagreed to and alternative amendments be made in lieu thereof.

     Resolved - That Amendment No. 4 be agreed to with an amendment.

 

     The Minister for Industrial Affairs (Hon. G.A. Ingerson) moved - That the Amendment No. 5 be disagreed to and an alternative amendment be made in lieu thereof.

     Question put.


     Committee divided (No. 6):

 

            Ayes, 30.

         Mr Andrew

         Hon. M.H. Armitage

         Mr Ashenden

         Mr Bass

         Mr Becker

         Mr Brindal

         Mr Brokenshire

         Mr Buckby

         Mr Caudell

         Mr Condous

         Mr Evans

         Ms Greig

         Hon. G.M. Gunn

         Ms Hall

         Mr Kerin

         Mrs Kotz

         Mr Lewis

         Hon. W.A. Matthew

         Mr Meier

         Hon. J.W. Olsen

         Hon. J.K.G. Oswald

         Ms Penfold

         Ms Rosenberg

         Mr Rossi

         Mr Scalzi

         Hon. R.B. Such

         Mr Venning

         Mr Wade

         Hon. D.C. Wotton

         Hon. G.A. Ingerson (Teller)

     Noes,10.

Mr Atkinson

Hon. F.T. Blevins 

Mr De Laine

Mr Foley

Ms Geraghty

Ms Hurley

Mr Quirke

Hon. M.D. Rann

Ms Stevens

Mr Clarke (Teller)

     So it was resolved in the affirmative.

 

     Resolved - That Amendments Nos 6 and 7 be agreed to.

     Resolved - That Amendments Nos 8 and 9 be disagreed to and alternative amendments be made in lieu thereof.

     Resolved - That Amendment No. 10 be agreed to.

     Resolved - That Amendments Nos 11 and 12 be agreed to with amendments.

     Resolved - That Amendments Nos 13 to 16 be disagreed to and alternative amendments be made in lieu thereof.

     Resolved - That Amendment No. 17 be agreed to with an amendment.

     Resolved - That Amendment No. 18 be disagreed to.

     Resolved - That Amendment Nos 19 and 20 be agreed to with amendments.

     Resolved - That Amendment Nos 21 and 22 be disagreed to and alternative amendments be made in lieu thereof.

     Resolved - That Amendment No. 23 be agreed to with an amendment.

     Resolved - That Amendment No. 24 be agreed to.

     Resolved - That Amendment No. 25 be disagreed to and alternative amendment be made in lieu thereof. 

     Resolved - That Amendments Nos 26 and 27 be disagreed to.

     Resolved - That Amendments Nos 28 to 31 be agreed to.

     Resolved - That a consequential amendment to Clause No. 5 be agreed to.

 


     The House having resumed:

     Hon. H. Allison reported that the Committee had considered the amendments referred to it and had agreed to Amendments Nos 1, 6, 7, 10, 24 and 28 to 31 without amendment, had agreed to Amendments Nos 4, 11, 12, 17, 19, 20 and 23 with amendments, had disagreed to Amendments Nos 2, 3, 5, 8, 9, 13 to 16, 21, 22 and 25 and had made alternative amendments in lieu thereof, had disagreed to Amendments Nos 18, 26 and 27, and had made a consequential amendment.

 

36   Suspension and resumption of sitting

     At 5.53 p.m. the sitting of the House was suspended.

                                ____________

 

                             It being midnight:

                             FRIDAY 13 MAY 1994

                                ____________

 

     At 4.00 p.m. the Speaker resumed the Chair.

 

37   Conference - Limitation of Actions (Recovery of Taxes and Substantive Law) Amendment Bill

     The Deputy Premier reported - That the Managers have been at the Conference on the Bill, which was managed on the part of the Legislative Council by the Minister for Education and Children's Services (Hon. R.I. Lucas), Hon. M.S. Feleppa, Hon. S.M. Kanck, Hon. A.J. Redford and Hon. C.J. Sumner and we there received from the Managers on behalf of the Legislative Council the Bill and the following resolution adopted by that House -

     That the disagreement to the amendments of the House of Assembly be insisted on.

     And thereupon the Manager for the two Houses conferred together and it was agreed that we should recommend to our respective House that -

 

     As to amendments Nos 1 and 2 -

     That the Legislative Council do not further insist on its disagreement of these amendments.

 

     Ordered - That the Speaker do now leave the Chair and the House resolve itself into a Committee of the whole for the consideration of the recommendations of the Conference.

 

                                In Committee

 

     Resolved - That the recommendations of the Conference be agreed to.

 

                                ____________

 

     The House having resumed:

     Hon. H. Allison reported that the Committee had considered the recommendations of the Conference and had agreed to the same.

 

38   Messages from the Legislative Council

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

 

     Supply Bill                                             Message No. 59

     MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act for the appropriation of money from the Consolidated Account for the financial year ending on 30 June 1995, without any amendment.

     Legislative Council, 12 May 1994                  H.P.K. Dunn, PRESIDENT

 


     Statutes Amendment (Waterworks and Sewerage)            Message No. 60

     MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Waterworks Act 1932 and the Sewerage Act 1929, without any amendment.

     Legislative Council, 12 May 1994                  H.P.K. Dunn, PRESIDENT

 

     Controlled Substances (Destruction of Cannabis) Amendment Bill            Message No. 61

     MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Controlled Substances Act 1984,  without any amendment.

     Legislative Council, 12 May 1994                  H.P.K. Dunn, PRESIDENT

 

     Irrigation Bill                                         Message No. 62

     MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to provide for the irrigation of land in government and private irrigation districts; to repeal the Irrigation on Private Property Act 1939, the Lower River Broughton Irrigation Trust Act 1938, the Kingsland Irrigation Company Act 1922, the Pyap Irrigation Trust Act 1923, and The Ramco Heights Irrigation Act 1963; to amend the Crown Lands Act 1929, the Crown Rates and Taxes Recovery Act 1945, the Irrigation Act 1930 and the Local Government Act 1934; and for other purposes, without any amendment.

     Legislative Council, 12 May 1994                  H.P.K. Dunn, PRESIDENT

 

     Constitution (Electoral Districts Boundaries Commission) Amendment Bill   Message No. 63

     MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Constitution Act 1934, without any amendment.

     Legislative Council, 12 May 1994                  H.P.K. Dunn, PRESIDENT

 

     Stamp Duties (Concessions) Amendment Bill               Message No. 64

     MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Stamp Duties Act 1923, with the suggested amendments indicated by the annexed Schedule, which amendments the Legislative Council requests the House of Assembly to make to the said Bill.

     Legislative Council, 12 May 1994                  H.P.K. Dunn, PRESIDENT

 

    Schedule of the suggested amendments made by the Legislative Council

     No. 1   Page 3, lines 23 and 24 (clause 7) - Leave out "real property" and insert "land".

     No. 2   Page 5, line 10 (clause 8) - Leave out  "real property" and insert "land".

     No. 3   Page 5, line 14 (clause 8) - Leave out  "real property" and insert "land".

     No. 4   Page 5, line 15 (clause 8) - Leave out  "that comprises the real property".

     No. 5   Page 5, (clause 8) - After line 17 insert new paragraph as follows:-

            "(ca)                                     that the sole or principal business of the mortgagor is the business of primary production:'.

                                    J.M. Davis, CLERK OF THE LEGISLATIVE COUNCIL

 

     Ordered - That the Message be taken into consideration forthwith.

 

                                In Committee

 

     Resolved - That the suggested amendments be agreed to.

                                ____________

 

     The House having resumed:

     Hon. H. Allison reported that the Committee had considered the suggested amendments referred to it and had agreed to the same without amendment.

 


     South Australian Ports Corporation Bill                       Message No. 65

     MR SPEAKER - The Legislative Council has agreed to the amendment made by the House of Assembly in the South Australian Ports Corporation Bill,  without any amendment.

     Legislative Council, 13 May 1994                        H.P.K. Dunn, PRESIDENT

 

     Harbors and Navigation (Ports Corporation and Miscellaneous)

        Amendment Bill                                       Message No. 66

     MR SPEAKER - The Legislative Council has agreed to the amendment made by the House of Assembly in the Harbors and Navigation (Ports Corporation and Miscellaneous) Amendment Bill,  without any amendment.

     Legislative Council, 13 May 1994                        H.P.K. Dunn, PRESIDENT

 

     Police (Surrender of Property on Suspension) Amendment Bill         Message No. 67

     MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Police Act 1952, without any amendment.

     Legislative Council, 13 May 1994                        H.P.K. Dunn, PRESIDENT

 

     Statutes Amendment (Constitution and Members Register of

      Interests) Bill                                        Message No. 68

     MR SPEAKER - The Legislative Council requests that a Conference may be granted to it respecting certain amendments in the Statutes Amendment (Constitution and Members Register of Interests) Bill.  In the event of a Conference being agreed to, the Legislative Council will be represented thereat by five managers.

     Legislative Council, 13 May 1994                        H.P.K. Dunn, PRESIDENT

 

     Ordered - That the Message be taken into consideration on motion.

 

     Statutes Amendment (Courts) Bill                              Message No. 69

     MR SPEAKER - The Legislative Council has disagreed to the amendments made by the House of Assembly in the Statutes Amendment (Courts) Bill, for the reason indicated in the annexed Schedule.  The Legislative Council returns the Bill herewith and desires its reconsideration.

     Legislative Council, 13 May 1994                        H.P.K. Dunn, PRESIDENT

 

        Schedule of the amendments made by the House of Assembly and

                  disagreed to by the Legislative Council

     No. 1   Long title, page 1, line 6 - Leave out "the Courts Administration Act 1993,".

     No. 2   Clause 4, page 1, lines 24 to 30 and page 2, lines 1 to 13 - Leave out this clause.

 

Schedule of the reason for disagreeing with the foregoing amendments

     Because the provision is necessary for the effective administration of justice.

                                    J.M. Davis, CLERK OF THE LEGISLATIVE COUNCIL

 

     Ordered - That the Message be taken into consideration forthwith.

 

                                In Committee

 

     Resolved - That the amendments be insisted on.

                                ____________

 

     The House having resumed:

     Hon. H. Allison reported that the Committee had considered the Message referred to it and has resolved to insist on its amendments.

 


     Crown Lands (Liability of the Crown) Amendment Bill           Message No. 70

     MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Crown Lands Act 1929, without any amendment.

     Legislative Council, 13 May 1994                        H.P.K. Dunn, PRESIDENT

 

39   Suspension and resumption of sitting

     At 4.37 p.m. the sitting of the House was suspended.

                                ____________

 

                           It being 12 midnight:

                            SATURDAY 14 MAY 1994

                                ____________

 

     At 10.00 a.m. the Speaker resumed the Chair.

 

40   Suspension and resumption of sitting

     At 10.02 a.m. the sitting of the House was suspended.

     At 11.10 a.m. the Speaker resumed the Chair.

 

41   Suspension and resumption of sitting

     At 11.11 a.m. the sitting of the House was suspended.

     At 5.15 p.m. the Speaker resumed the Chair.

 

42   Select Committee on Organs for Transplantation

     The Deputy Premier moved - That the Select Committee on Organs for Transplantation have power to act during the recess and to report on the first day of next session.

     Question put and passed.

 

43   Messages from the Legislative Council

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

 

     Statutes Amendment (Closure of Superannuation Schemes) Bill         Message No. 71

     MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Superannuation Act 1988 and the Police Superannuation Act 1990, with the amendments indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

     Legislative Council, 13 May 1994                  H.P.K. Dunn, PRESIDENT

 

         Schedule of the amendments made by the Legislative Council

     No. 1   Page 1, line 16 (clause 2) - Leave out "This Act" and insert "Subject to subsection (2), this Act".

     No. 2   Page 1, (clause 2) - After line 16 insert new subclause as follows:-

            "(2) Part 4 will come into operation on 1 October 1994."

     No. 3   Page 2 - After line 26 insert new heading and clauses as follows:-

                                  'PART 4

FURTHER AMENDMENT OF SUPERANNUATION ACT 1988 AND

POLICE SUPERANNUATION ACT 1990

     8. 'Amendment of Superannuation Act 1988 The Superannuation Act 1988 is amended by striking out subsections (10), (11) and (12) of section 22.

     9. 'Amendment of Police Superannuation Act 1990 The Police Superannuation Act 1990 is amended -

        (a)  by striking out subsections (1a) and (1b) of section 16;

        (b)  by striking out from subsection (2) of section 20 "but before 1 June 1994";

    
   (c)                                       by striking out from subsection (3) of section 20 "referred to in subsection (2)".'

                                    J.M. Davis, CLERK OF THE LEGISLATIVE COUNCIL

 

     Ordered - That the Message be taken into consideration on motion.

 

     Statutes Amendment (Courts) Bill                              Message No. 72

     MR SPEAKER - The Legislative Council does not insist on its disagreement to the amendments made by the House of Assembly in the Statutes Amendment (Courts) Bill.

     Legislative Council, 13 May 1994                        H.P.K. Dunn, PRESIDENT

 

     Superannuation (Miscellaneous) Amendment Bill           Message No. 73

     MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Superannuation Act 1988 and to make a related amendment to the Superannuation (Benefit Scheme) Act 1992, with the amendment indicated by the annexed Schedule, to with amendment the Legislative Council desires the concurrence of the House of Assembly.

     Legislative Council, 13 May 1994                        H.P.K. Dunn, PRESIDENT

 

         Schedule of the amendment made by the Legislative Council

     Page 16 - After line 20 insert new clause as follows:-

        20a 'Amendment of schedule 1a - Provisions relating to other Public Sector Superannuation Schemes  Schedule 1a of the principal Act is amended -

        (a)  by inserting before paragraph (a) of clause 1(1) the following paragraph:

            (aaa)       declaring a group of employees who are members of a public sector superannuation scheme to be contributors for the purposes of this Act;;

        (b)  by striking out paragraphs (b) and (c) of clause 1(1) and substituting the following paragraphs:

            (b)  modifying the provisions of this Act in their application to the group of employers referred to in paragraph (aaa);

            (c)  providing for transitional matters upon the making of a declaration under paragraph (aaa).'

                                    J.M. Davis, CLERK OF THE LEGISLATIVE COUNCIL

 

     Ordered - That the Message be taken into consideration on motion.

 

     Limitation of Actions (Recovery of Taxes and Substantive Law)

        Amendment Bill                                       Message No. 74

     MR SPEAKER - The Legislative Council having considered the recommendations from the Conference on the Limitation of Actions (Recovery of Taxes and Substantive Law) Amendment Bill has agreed thereto.

     Legislative Council, 13 May 1994                  H.P.K. Dunn, PRESIDENT

 

     Statutes Amendment (Truth in Sentencing) Bill           Message No. 75

     MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Correctional Services Act 1982, the Criminal Law (Sentencing) Act 1988 and the Young Offenders Act 1993, without any amendment.

     Legislative Council, 13 May 1994                  H.P.K. Dunn, PRESIDENT

 

     Joint Committee on Living Resources                     Message No. 76

     MR SPEAKER - The Legislative Council concurs with the Resolution of the House of Assembly contained in Message No. 63 for the appointment of a Joint Committee on the Future Development and Conservation of South Australia's Living Resources and will be represented on the Committee by three Members, of whom two shall form a quorum necessary to be present at all sittings of the Committee.

     Legislative Council, 13 May 1994                  H.P.K. Dunn, PRESIDENT

     Joint Committee - Appointed

     The Minister for the Environment and Natural Resources moved - That the members of the House on the Joint Committee be Mr Buckby, Mrs Geraghty and the mover.

     Question put and passed.

 

     The Minister then moved - That Members of this House appointed to the Joint Committee on Living Resources have power to act on the Committee during the recess.

     Question put and passed

 

     Forestry (Abolition of Board) Amendment Bill            Message No. 77

     MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Forestry Act 1950, without any amendment.

     Legislative Council, 13 May 1994                  H.P.K. Dunn, PRESIDENT

 

     Statutes Amendment (Obsolete Agricultural Acts) Bill          Message No. 78

     MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to repeal the Canned Fruits Marketing Act 1980, the Farmers Assistance Act 1933, the Primary Producers Assistance Act 1943 and the Primary Producers' Debts Act 1935, without any amendment.

     Legislative Council, 13 May 1994                  H.P.K. Dunn, PRESIDENT

 

44   Death of Mr L Hughes

     The Deputy Premier moved - That this House express its regret at the recent death of Mr Lloyd Hughes, former Member of the House of Assembly and places on record its appreciation of his meritorious service; and as a mark of respect to his memory the sitting of the House be suspended until the ringing of the Bells.

     And being supported by the Deputy Premier, Hon. L.M.F. Arnold, the Minister for Infrastructure, (Hon. J.W. Olsen), Mr Quirke, Mr Meier and the Speaker.

     Motion carried in silence:  Members rising in their places.

 

45   Suspension and resumption of sitting

     At 5.47 p.m. the sitting of the House was suspended.

     At 8.52 a.m. the Speaker resumed the Chair.

 

46   Suspension of Standing Orders

     The Deputy Premier, without notice, moved - That Standing Orders be so far suspended as to enable him to move forthwith to rescind an Order of the House made on Thursday 12 May relating to the next day of sitting.

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

 

47   Message from the Legislative Council

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

 

     Liquor Licensing (Gaming Machines) Amendment Bill       Message No. 79

     MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Liquor Licensing Act 1985, to which it desires the concurrence of the House of Assembly.

     Legislative Council, 13 May 1994                  H.P.K. Dunn, PRESIDENT

 

     Bill read a first time.

     The Deputy Premier moved - That this Bill be now read a second time.

     Ordered, on motion of Mr DeLaine, that the debate be adjourned until Wednesday next.

 


48   Next day of sitting

     The Deputy Premier moved - That the House at its rising, adjourn until Wednesday 18 May.

     Question put and passed.

 

49   Adjournment

     House adjourned at 9.03 a.m. until Wednesday 18 May at 2.00 p.m.

 

                                ____________

 

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

 

     Division No. 6 -

        Ayes - Hon. D.S. Baker.

        Noes - Hon. L.M.F. Arnold.

 

     Division No. 7 -

        Ayes - Hon. D.S. Baker.

        Noes - Hon. L.M.F. Arnold.

 

                                ____________

 

 

     Present during the day - All the Members.

 

 

 

 

 

 

 

                                                            G.M. Gunn

                                                            SPEAKER

 

G.D. Mitchell

CLERK