No 28

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

TUESDAY 23 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       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 1999 – An Act to amend the Criminal Law Consolidation Act 1935

No 3 of 1999 – An Act to amend the Lottery and Gaming Act 1936

No 4 of 1999 – An Act to repeal the Manufacturing Industries Protection Act 1937

No 5 of 1999 – An Act to amend the Road Traffic Act 1961

No 6 of 1999 – An Act to amend the Supreme Court Act 1935

No 7 of 1999 – An Act to amend the Livestock Act 1997

No 8 of 1999 – An Act to amend the Parliamentary Superannuation Act 1974 and to make a consequential amendment to the Superannuation Funds Management Corporation of South Australia Act 1995

No 9 of 1999 – An Act to amend the Racing Act 1976

No 10 of 1999 – An Act to repeal the Shearers Accommodation Act 1975

No 11 of 1999 – An Act to amend the Stamp Duties Act 1923

No 12 of 1999 – An Act to amend the Country Fires Act 1989, the Local Government Act 1934 and the South Australian Metropolitan Fire Service Act 1936

No 13 of 1999 – An Act to amend the Criminal Law Consolidation Act 1935 and the Criminal Law (Sentencing) Act 1988.

         Government House, 23 March 1999                                                E J Neal, GOVERNOR

 

3       Answers to questions

Answers to questions on the Notice Paper Nos 87, 92, 95 to 97, 104, 107, 109 and 110 and questions without notice and questions asked during the examination of the Auditor-General’s Report were tabled by the Speaker.


 

4       Papers

         The following Papers were tabled:

 

By the Premier (Hon J W Olsen) -

            South Australian Motor Sport Act – Regulations - Principal

 

By the Minister for Human Services (Hon D C Brown) -

            Regulations under the following Acts –

                 Goods Securities - Fees

                 Passenger Transport –

Maximum Fares Chargeable by Taxis

                     Penalties - General

 

          By the Minister for Education, Children’s Services and Training (Hon M R Buckby) -

            Financial Institutions Duty Act – Regulations – Non-Dutiable Receipts

 

          By the Minister for Environment and Heritage (Hon D C Kotz) -

            Board of the Botanic Gardens of Adelaide and State Herbarium – Report, 1997-98

                        Border Groundwaters Agreement Review Committee - Report, 1997-98

            State Heritage Authority - Report, 1997-98

 

          By the Minister for Industry and Trade (Hon I F Evans) -

            Liquor Licensing Act – Regulations – Alcoholic Ice Cream

            Rules of Court –

                 Magistrates Court Act – Victim Impact Statements

                 Supreme Court Act – Criminal - Renumbering

 

          By the Minister for Local Government (Hon M K Brindal) -

            Local Government Act - Regulations – Superannuation Board – Spouse Contributions.

 

5       Environment, Resources and Development Committee – Thirty-First Report – Fish Stocks of Inland Waters

Mr Venning brought up the Thirty-First Report of the Committee relating to Fish Stocks of Inland Waters.

         Report received.

         Ordered to be published (Paper No 201).

 

6       Public Works Committee – Ninetieth and Ninety-First Reports – Rehabilitation of Loxton Irrigation District and Southern Expressway - Stage 2

Mr Lewis brought up the Ninetieth Report of the Committee relating to the Rehabilitation of Loxton Irrigation District.

         Report received.

         Ordered to be published (Paper No 199).

 

Mr Lewis brought up the Ninety-First Report of the Committee relating to the Southern Expressway - Stage 2.

         Report received.

         Ordered to be published (Paper No 200).

 

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       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 this week.

Question put and passed.

 

10      Year 2000 Information Disclosure Bill

The Minister for Year 2000 Compliance (Hon W A Matthew), pursuant to notice, moved - 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.

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 tomorrow.

 

11      Message from the Legislative Council

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

 

         Listening Devices (Miscellaneous) Amendment Bill                               Message No 43

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Listening Devices Act 1972, to which it desires the concurrence of the House of Assembly.

         Legislative Council, 11 March 1999                                                 J C Irwin, PRESIDENT

 

         Bill read a first time.

 

         The Minister for Industry and Trade moved - That this Bill be now read a second time.

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

 

12      Soil Conservation and Landcare (Appeal Tribunal) 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 5 agreed to.

                                                Title agreed to.

____________

 

         The House having resumed:

Mr Venning 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.

13      Postponement of business

Ordered - That Orders of the Day: Government Business Nos 2 to 4 be postponed and taken into consideration after Order of the Day: Government Business No 11.

 

14      Barley Marketing (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.

 

In Committee

                                                Clauses Nos 1 and 2 agreed to.

                                                Clause No 3 amended and agreed to.

                                                Clauses Nos 4 to 16 agreed to.

                                                Clause No 17 amended and agreed to.

                                                Clause No 18 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 amendments.

 

Bill read a third time and passed.

 

15      Postponement of business

Ordered - That Order of the Day: Government Business Nos 6 to 10 be postponed and taken into consideration after Order of the Day: Government Business No 4.

 

16      Statutes Amendment (Commutation for Superannuation Surcharge) 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.

 

17      Local Government Bill

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

 

In Committee

                                                Clauses Nos 248 to 252 agreed to.

                                                Clause No 253 amended and agreed to.

                                                Clauses Nos 254 to 264 agreed to.

                                                Clause No 265 amended.

Question – That the clause as amended be agreed to – put.


 

         Committee divided (No 1):

 


                       Ayes, 24

 

Hon M H Armitage

Mr Brokenshire

Hon D C Brown

Hon M R Buckby

Mr Condous

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

Mr Scalzi

Hon R B Such

Mr Venning

Mr Williams

Hon M K Brindal (Teller)


        Noes, 17

 

Mr Atkinson

Ms Bedford

Ms Breuer

Mr De Laine

Mr Foley

Mrs Geraghty

Mr Hanna

Mr Hill

Ms Hurley

Ms Key

Mr Koutsantonis

Ms Rankine

Hon M D Rann

Ms Stevens

Ms Thompson

Mr Wright

Mr Conlon (Teller)


 

         So it was resolved in the affirmative.

                                               Clause No 266 agreed to.

                                               Clause No 267 amended and agreed to.

                                               Clauses Nos 268 to 303 agreed to.

                                               Schedule No 1 agreed to.

                                               Schedules Nos 2 and 3 amended and agreed to.

                                               Schedules Nos 4 to 7 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 amendments.

 

Bill read a third time and passed.


 

18      Local Government (Elections) 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 5 agreed to.

                                                Clause No 6 amended and agreed to.

                                                Clauses Nos 7 to 12 agreed to.

                                                Clause No 13 amended and agreed to.

                                                Clauses Nos 14 to 38 agreed to.

                                                Clause No 39 amended and agreed to.

                                                Clauses Nos 40 to 55 agreed to.

                                                Clause No 56 amended and agree to.

                                                Clauses Nos 57 to 86 agreed to.

                                                Clause No 87 amended and agreed to.

                                                Clause No 88 agreed to.

                                                Clause No 89 amended and agreed to.

                                                Clauses Nos 90 to 93 agreed to.

                                                Schedule 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 amendments.

 

Bill read a third time and passed.

 

19      Statutes Repeal and Amendment (Local Government) 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 22 agreed to.

                                                Clause No 23 amended and agreed to.

                                                Clauses Nos 24 to 40 agreed to.

                                                Clause No 41 amended and agreed to.

         Mr Atkinson moved on page 28, after line 24, to insert new clause No 41A as follows:

         Certain road closures to cease to have effect

            41A. (1) The closure of a prescribed road to vehicles generally or vehicles of a particular class in force under section 359 of the 1934 Act immediately before the repeal of that section ceases to have effect (unless already brought to an end) six months after the repeal of that section (and the relevant council must, on the closure of a prescribed road ceasing to have effect pursuant to this subsection, immediately remove any traffic control device previously installed by the council to give effect to the closure).

            (2) However, subsection (1) does not apply if the closure of the road is, before the expiration of the six month period referred to in that subsection, confirmed by action taken by the relevant council under another Act.

 

            (3) In this section –

            “prescribed road” means a road –

                   (a)      that runs from the area of one council into the area of another council; or

                   (b)      that runs along the boundary between two councils; or

                   (c)      that runs up to the boundary of a council; or

                   (d)      that runs up to another road running along or containing the boundary between two councils.

 

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

Question put and passed.

 

21      Statutes Repeal and Amendment (Local Government) Bill

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

 

In Committee

         Mr Atkinson’s amendment further considered and negatived.

                                                Clause No 42 amended and agreed to.

                                                Clauses Nos 43 to 45 agreed to.

                                                Clause No 46 left out.

                                                Clauses Nos 47 to 54 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 amendments.

 

Bill read a third time and passed.

 

22      Industrial and Employee Relations (Workplace Relations) 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 Hon G A Ingerson, by leave, that the debate be further adjourned until tomorrow.


23      Message from the Legislative Council

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

 

         Tobacco Products Regulation (Smoking in Unlicensed Premises)

         Amendment Bill                                                                                      Message No 44

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

         Legislative Council, 23 March 1999                                                 J C Irwin, PRESIDENT

 

24      Adjournment

         House adjourned at 11.58 pm until tomorrow at 2.00 pm.

 

____________

 

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

         For Wednesday 24 March 1999

 

Notice of Motion: Government Business –

 

The Minister for Government Enterprises to move – That he have leave to introduce a Bill for an Act to amend the Explosives Act 1936.

 

Notices of Motion: Standing Committee Reports -  

 

Mr Venning to move – That the Thirty-First Report of the Environment, Resources and Development Committee on Fish Stocks of Inland Waters be noted.

 

Mr Lewis to move – That the Ninetieth Report of the Public Works Committee on the Rehabilitation of Loxton Irrigation District be noted.

 

Mr Lewis to move – That the Ninety-First Report of the Public Works Committee on the Southern Expressway – Stage 2 be noted.

 

 

         For Thursday 25 March 1999

 

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

 

Mr Wright to move – That this House expresses its regret that the Aboriginal Lands Trust Parliamentary Committee has not met since November 1996 and condemns the Minister for Aboriginal Affairs for not providing an annual report to the Parliament in 1998 as required by legislation and calls on the Minister to convene a meeting of the committee forthwith and provide the annual report as a matter of urgency.

 

____________

 


 

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

 

         Division No 1 -

               Ayes - Hon I F Evans.

               Noes - Ms Ciccarello.

 

 

         Present during the day - All Members except Mr Snelling.

 

 

 

 

 

                                                                                                            J K G Oswald

                                                                                                            SPEAKER

 

G D Mitchell

CLERK OF THE HOUSE OF ASSEMBLY