No 27

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

WEDNESDAY 3 MAY 2000

 

 

1       Meeting of House

The House met pursuant to adjournment.  The Speaker (Hon J K G Oswald) 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 Acts have been assented to during the present session, viz.-

No 2 of 2000 – An Act to amend the Government Business Enterprises (Competition) Act 1996

No 3 of 2000 – An Act to amend the Development Act 1993

No 4 of 2000 – An Act to amend the District Court Act 1991; and to make related amendments to other Acts

No 5 of 2000 – An Act to amend the Goods Securities Act 1986

No 6 of 2000 – An Act to amend the Prices Act 1948

No 7 of 2000 – An Act to amend the Road Traffic Act 1961

No 8 of 2000 – An Act to amend the Wrongs Act 1936

No 9 of 2000 – An Act to repeal the Agricultural Holdings Act 1891, the Dairy Industry Assistance (Special Provisions) Act 1978, the Fruit and Vegetables (Grading) Act 1934, the Garden Produce (Regulation and Delivery) Act 1967, the Margarine Act 1939, the Marginal Dairy Farms (Agreement) Act 1971, the Rural Industry Adjustment (Ratification of Agreement) Act 1990, the Rural Industry Assistance Act 1985 and the Rural Industry Assistance (Ratification of Agreement) Act 1985

No 10 of 2000 – An Act to amend the Tobacco Products Regulation Act 1997.

Government House, 3 May 2000                                        E J Neal, GOVERNOR

 

3       Petitions Nos 92 to 102

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

 

92  Mr Meier, from 88 residents of South Australia, requesting that the House rescind the present abortion law.

 

93  Ms Rankine, from 987 residents of South Australia, requesting that the House urge the Government to establish a Police Patrol Base to service the Tea Tree Gully area.

 

94 to 98      The Minister for Water Resources (Hon M K Brindal), Messrs Atkinson, Hill, Meier and Wright, from 410 residents of South Australia, requesting that the House strengthen the law in relation to prostitution and ban prostitution related advertising.

 

99 to 102    The Minister for Human Services (Hon D C Brown), Minister for Water Resources, Messrs Hill and Meier, from 5,252 residents of South Australia, requesting that the House ensure government funding of public libraries is maintained.

 

4       Answers to questions

Answers to questions without notice were tabled by the Speaker.

 

5       Legislative Review Committee - Reports – Sixteenth and Seventeenth

Mr Condous brought up the Sixteenth 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 Notices of Motion for Disallowance to be given in both House before the expiration of 14 sitting days to allow the Committee time to complete its deliberations.

Honourable Members are warned that after consideration has been given to the Regulations, the Committee may decide to take no further action.

Regulations referred to:

Road Traffic Act 1961 –

Application of Regulations

Oversize or Overmass Vehicle Exemptions

Mass and Loading Requirements

Vehicle Standards Rules

Miscellaneous Provisions

Miscellaneous Variation

Development Act 1993 –

Public Notices

Electricity Businesses

Freedom of Information Act 1991 – Exempt Agency – Independent Industry Regulator

Motor Vehicles Act 1959 – Demerit Points

Prevention of Cruelty to Animals Act 1985 – Fees – Codes of Practice

 

Mr Condous brought up the Seventeenth Report of the Committee.

Report received.

 

6       Public Works Committee – Report – Portrush Road Upgrade – Magill Road to Greenhill Road – Final Report

Mr Lewis brought up the One Hundred and Twenty-Sixth Report of the Public Works Committee on the Portrush Road Upgrade – Magill Road to Greenhill Road – Final Report.

Report received.

Ordered to be published (Paper No 211).

 

7       Questions

Questions without notice were asked.

 

8       Grievance debate

The Speaker proposed - That the House note grievances.

Debate ensued.

Question put and passed.

 

9       Public Works Committee –Report – Pelican Point Power Station – Transmission Connection Corridor - Status Report – Motion to note

Mr Lewis, pursuant to notice, moved – That the One Hundred and Twenty-Second Report of the Public Works Committee on the Pelican Point Power Station – Transmission Connection Corridor – Status Report be noted.

      Debate ensued.

Ordered, on motion of Ms Thompson, that the debate be adjourned until Wednesday 24 May.

 

10      Public Works Committee –Report – Botanic, Wine and Rose Development – Status Report – Motion to note

Mr Lewis, pursuant to notice, moved – That the One Hundred and Twenty-Third Report of the Public Works Committee on the Botanic, Wine and Rose Development – Status Report be noted.

Ordered, on motion of Ms Thompson, that the debate be adjourned until Wednesday 24 May.

 

11      Public Works Committee – Report – Royal Adelaide Hospital Redevelopment – Stage 2/3A – Final Report – Motion to note

Mr Lewis, pursuant to notice, moved – That the One Hundred and Twenty-Fourth Report of the Public Works Committee on the Royal Adelaide Hospital Redevelopment – Stage 2/3A – Final Report be noted.

Ordered, on motion of Ms Stevens, that the debate be adjourned until Wednesday 24 May.

 

12      Public Works Committee – Report – Upper Southeast Dryland Salinity and Flood Management Plan – Tilley Swamp, Ballater East and Wongawilli Drainage Works - Motion to note

Mr Lewis, pursuant to notice, moved – That the One Hundred and Fourteenth Report of the Public Works Committee on the Upper South East Dryland Salinity and Flood Management Plan – Tilley Swamp, Ballater East and Wongawilli Drainage Works be noted.

Ordered, on motion of Ms Stevens, that the debate be adjourned until Wednesday 24 May.

 

13      Postponement of business

Ordered - That Notice of Motion: Standing Committee Reports No 5 be postponed until after Notice of Motion: Standing Committee Reports No 12.

 

14      Police (Complaints and Disciplinary Proceedings) (Miscellaneous) Amendment Bill

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

The Minister for Environment and Heritage (Hon I F Evans) moved - That this Bill be now read a second time.

Ordered, on motion of Ms Stevens, that the debate be adjourned until tomorrow.

 

15      Criminal Law Consolidation (Sexual Servitude) Amendment Bill

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

The Minister for Environment and Heritage (Hon I F Evans) moved - That this Bill be now read a second time.

Ordered, on motion of Ms Stevens, that the debate be adjourned until tomorrow.

 

16      Statutes Amendment (Warrants of Apprehension) Bill

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

The Minister for Environment and Heritage (Hon I F Evans) moved - That this Bill be now read a second time.

Ordered, on motion of Ms Stevens, that the debate be adjourned until tomorrow.

 

17      South Australian Forestry Corporation Bill

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

Debate resumed.

 


18      Messages from the Legislative Council

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

 

Travel Report Resolution                                                           Message No 46

MR SPEAKER - The Legislative Council informs the House of Assembly that it has passed the Resolution transmitted herewith, and desires the concurrence of the House of Assembly thereto.

Legislative Council, 3 May 2000                                         J C Irwin, PRESIDENT

 

Resolution referred to.

 

I.        That a synopsis of any overseas travel report of a Member of Parliament, including places visited and objectives of the travel, shall be prepared by the Member and published on the Parliamentary Internet site within 14 days of any such Report being provided to the Presiding Officers as required under the Members of Parliament Travel Entitlement Rules.

 

II.      That this Resolution be transmitted to the House of Assembly for its concurrence.

 

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

 

Road Traffic (Red Light Camera Offences) Amendment Bill      Message No 47

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Road Traffic Act 1961, to which it desires the concurrence of the House of Assembly.

Legislative Council, 3 May 2000                                         J C Irwin, PRESIDENT

 

Bill read a first time.

 

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

 

Mining (Royalty) Amendment Bill                                               Message No 48

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Mining Act 1971, with the amendment indicated by the annexed Schedule, to which amendment the Legislative Council desires the concurrence of the House of Assembly.

Legislative Council, 3 May 2000                                         J C Irwin, PRESIDENT

 

Schedule of amendment made by the Legislative Council

 

Page 3, (clause 3) – After line 29 insert the following:

(4c)             The Minister must cause notice of a decision to reduce the rate of royalty payable in a particular case to be published in the Gazette.

(4d)             A notice under subsection (4c) must –

(a)     set out the name of the person to whom the reduction of the rate of royalty applies; and

(b)     identify the relevant mining tenement or private mine, and the relevant minerals; and

(c)     state the rate of royalty that is to apply in the particular case.

J M Davis, CLERK OF THE LEGISLATIVE COUNCIL

 

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

 

Health Professionals (Special Events Exemption) Bill                Message No 49

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to allow visiting health professionals to provide health care services in the State in connection with special events without becoming registered under State law; and for other purposes, without any amendment.

Legislative Council, 3 May 2000                                         J C Irwin, PRESIDENT

 

19      South Australian Forestry Corporation Bill

Debate (interrupted by the foregoing) resumed.

         Question put and passed.

 

         Bill read a second time.

 

In Committee

                                                Clauses Nos 1 to 14 agreed to.

                                                Clause No 15 read.

Ms Hurley moved on page 8, line 7—Leave out the word "An" and insert in lieu thereof the words “Subject to subsection (4), an” and on page 8, after line 8, insert the following paragraph:

(4) The Corporation must not, in fixing terms and conditions of employment by the Corporation, discriminate between employees appointed after the commencement of this Act and those transferred to its employment in accordance with Schedule 1.

Question – That the amendment be agreed to – put.

Committee divided (No 1):

 


             Ayes, 20

 

Mr Atkinson

Ms Bedford

Ms Breuer

Ms Ciccarello

Mr Conlon

Mr De Laine

Mr Foley

Mrs Geraghty

Mr Hanna

Mr Hill

Ms Hurley

Ms Key

Mr Koutsantonis

Ms Maywald

Mr McEwen

Mr Snelling

Ms Stevens

Ms Thompson

Mr Wright

Mr Clarke (Teller)


        Noes, 20

 

Hon R L Brokenshire

Hon R B Buckby

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

Mr Lewis

Hon W A Matthew

Mr Meier

Hon J W Olsen

Hon J K G Oswald

Mrs Penfold

Mr Scalzi

Hon R B Such

Mr Venning

Mr Williams

Hon M H Armitage (Teller)


 

Casting Vote

The number of Ayes and Noes being equal, the Chairman gave his casting vote for the Noes.

 

So it passed in the negative.

 

                                                Clause agreed to.

                                                Clause No 16 agreed to.

Mr McEwen moved to insert a new clause as follows:

 

Payment of rates

      16A.(1) Despite the provisions of the Local Government Act 1999, the Corporation is liable to pay rates, in respect of land managed by the Corporation for commercial purposes, to a council in accordance with that Act as if the Corporation owned a freehold estate in the land and were not an instrumentality of the Crown.

      (2) A council must, after consultation with the Corporation, apply half of any amounts received from the Corporation in accordance with this section towards the maintenance or upgrading of roads affected by the Corporation's operations.

      (3) Section 29(2)(b) of the Public Corporations Act 1993 does not apply in relation to the Corporation.

 

         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 motion.

 

20      Extension of time for adjournment

The Minister for Government Enterprises moved - That the time for moving the adjournment of the House be extended beyond 10.00 pm.

Question put and passed.

 

21      South Australian Forestry Corporation Bill

         Ordered - That the further consideration in Committee of this Bill be now resumed.

 

In Committee

                     Mr McEwen’s amendment further considered.

 

         Question – That the amendment be agreed to – put.

 

         Committee divided (No 2):

 


                       Ayes, 21

 

Mr Atkinson

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

Mr Lewis

Ms Maywald

Mr Snelling

Ms Stevens

Ms Thompson

Mr Wright

Mr McEwen (Teller)


        Noes, 19

 

Hon R L Brokenshire

Hon R B Buckby

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 W A Matthew

Mr Meier

Hon J W Olsen

Hon J K G Oswald

Mrs Penfold

Mr Scalzi

Hon R B Such

Mr Venning

Mr Williams

Hon M H Armitage (Teller)


 

         So it was resolved in the affirmative.

 

                                                New Clause inserted.

                                                Clause No 17 agreed to.

                                                Schedules 1 and 2 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 with an amendment.

 

Bill read a third time and passed.

 


22      Forestry Property 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.

 

23         Adjournment

            House adjourned at 11.01 pm until tomorrow at 10.30 am.

 

____________

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

            For Thursday 4 May 2000

 

         Notices of Motion: Government Business –

 

The Minister for Government Enterprises to move – That he have leave to introduce a Bill for an Act to provide for the disposal of assets of the South Australian Ports Corporation; to provide for the repeal of the South Australian Ports Corporation Act 1994; and for other purposes.

 

The Minister for Government Enterprises to move – That he have leave to introduce a Bill for an Act to provide for access to South Australian ports and maritime services on fair commercial terms; to provide for price regulation of essential maritime services; to amend the Ports (Bulk Handling Facilities) Act 1996; and for other purposes.

 

The Minister for Government Enterprises to move – That he have leave to introduce a Bill for an Act to amend the Harbors and Navigation Act 1993.

 

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

 

Mr Condous to move – That the Regulations under the Road Traffic Act 1961 relating to Application of Regulations, made on 18 November 1999 and laid on the table of this House on 28 March 2000, be disallowed.

 

Mr Condous to move – That the Regulations under the Freedom of Information Act 1991 relating to Exempt Agency – Independent Regulator, made on 25 November 1999 and laid on the table of this House on 28 March 2000, be disallowed.

 

Mr Condous to move – that the Regulations under the Motor Vehicles Act 1959 relating to Demerit Points, made on 25 November 1999 and laid on the table of this House on 28 March 2000, be disallowed.

 

Mr Condous to move – That the Regulations under the Road Traffic Act 1961 relating to Oversize or Overmass Vehicle Exemptions, made on 25 November 1999 and laid on the table of this House on 28 March 2000, be disallowed.

 

Mr Condous to move – That the Regulations under the Road Traffic Act 1961 relating to Mass and Loading Requirements, made on 25 November 1999 and laid on the table of this House on 28 March 2000, be disallowed.

 

Mr Condous to move – That the Regulations under the Road Traffic Act 1961 relating to Vehicle Standards Rules, made on 25 November 1999 and laid on the table of this House on 28 March 2000, be disallowed.

 

Mr Condous to move – That the Regulations under the Road Traffic Act 1961 relating to Miscellaneous Provisions, made on 23 December 1999 and laid on the table of this House on 28 March 2000, be disallowed.

 

Mr Condous to move – That the Regulations under the Road Traffic Act 1961 relating to Miscellaneous Variation, made on 25 November 1999 and laid on the table of this House on 28 March 2000, be disallowed.

 

Mr Condous to move – That the Regulations under the Development Act 1993 relating to Public Notices, made on 23 December 1999 and laid on the table of this House on 28 March 2000, be disallowed.

 

Mr Condous to move – That the Regulations under the Development Act 1993 relating to Electricity Businesses, made on 27 January 1999 and laid on the table of this House on 28 March 2000, be disallowed.

 

Mr Condous to move – That the Regulations under the Prevention of Cruelty to Animals 1985 relating to Fees and Codes of Practice, made on 27 January 2000 and laid on the table of this House on 28 March 2000, be disallowed.

 

            For Wednesday 24 May 2000

 

Notice of Motion: Standing Committee Reports –

 

Mr Lewis to move – That the One Hundred and Twenty-Sixth Report of the Public Works Committee on the Portrush Road Upgrade – Magill Road to Greenhill Road be noted.

 

____________

 

 

          Present during the day - All Members except Hon D C Kotz and Ms White.

 

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

 

         Division No 1 -

               Ayes - Ms Rankine, Hon M D Rann and Ms White.

               Noes - Hon M K Brindal, Hon D C Brown and Hon D C Kotz.

 

         Division No 2 -

               Ayes - Ms Rankine, Hon M D Rann and Ms White.

               Noes - Hon M K Brindal, Hon D C Brown and Hon D C Kotz.

 

 

 

 

 

 

 

                                                                                                J K G Oswald

                                                                                                SPEAKER

 

G D Mitchell

CLERK OF THE HOUSE OF ASSEMBLY