No. 29

 

                     VOTES AND PROCEEDINGS

 

                            OF THE

 

                       HOUSE OF ASSEMBLY

 

 

                                                                                                                        

 

 

                                                                           TUESDAY 17 NOVEMBER 1992

 

 

 1             Meeting of House

                The House met pursuant to adjournment.  The Speaker (Hon. N.T. Peterson) 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. 14

                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:

                No. 59 of 1992 - An Act to amend the Botanic Gardens Act 1978.

                No. 60 of 1992 - An Act to amend the Police Act 1952 and to make consequential amendments to the Children's Protection and Young Offenders Act 1979, Police (Complaints and Disciplinary Proceedings) Act 1985 and the Police Superannuation Act 1990.

                No. 61 of 1992 - An Act to amend the Animal and Plant Control (Agricultural Protection and Other Purposes) Act 1986.

                No. 62 of 1992 - An Act for the appropriation of money from the Consolidated Account                      for the year ending on 30 June 1992 and for other purposes.

                No. 63 of 1992 - An Act to amend the Criminal Law Consolidation Act 1935.

                No. 64 of 1992 - An Act to amend the Commercial Arbitration Act 1986.

                Government House, Adelaide, 17 November 1992                                         R.F. Mitchell, GOVERNOR

 

 3             Petitions Nos 101 and 102

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

 

                101 and 102    Messrs Becker and Oswald, from 45 residents of South Australia, requesting that the House urge the Government to maintain the curfew at Adelaide Airport.

 

 4             Answers to questions

                Answers to questions on the Notice Paper Nos 132, 143, 156 to 162, 166, 179, 184, 200, 207, 209, 215, 223 and 229 and questions without notice were tabled by the Speaker.

 

 5             Papers

                The following Papers were laid on the Table:

 

                By the Premier (Hon. L.M.F. Arnold) -

                Royal Commission into the State Bank of South Australia - First Report.

 

 

                By the Minister of Environment and Land Management (Hon. M.K. Mayes) -

                Commissioner for Consumer Affairs - Report, 1991-92.

 

                Department of Public and Consumer Affairs - Report, 1991-92.

                South Australian Film Corporation - Report, 1991-92.

 

                By the Minister of Labour Relations and Occupational Health and Safety (Hon. R.J.                             Gregory) -

                Construction Industry Long Service Leave Board - Estimates of Liabilities as at 30 June                      1992.

 

                By the Minister of Business and Regional Development (Hon. M.D. Rann) -

                Government Adviser on Deregulation - Report of Small Business Inquiry and Statutory                      Licence Review, 1992.

                Random Breath Testing in South Australia - Report on the Operation and Effectiveness,                     1989-91.

 

                By the Minister of State Services (Hon. M.D. Rann) -

                Freedom of Information Act 1991 - Report on Administration of, 1991-92.

 

                By the Minister of Health, Family and Community Services (Hon. M.J. Evans) -

                Food Act 1985 - Report on Administration of, 1991-92.

 

                By the Minister of Primary Industries (Hon. T.R. Groom) -

                Soil Conservation Boards - Report, 1991-92.

                South Australian Meat Corporation - Report, 1991-92.

 

 6             Suspension of Standing and Sessional Orders

                The Deputy Premier (Hon. F.T. Blevins), without notice, moved - That for this week Standing and Sessional Orders be so far suspended as to enable Private Members Business set down for tomorrow to be taken into consideration on Thursday and have precedence from 10.30am to 1.00 pm and for one hour after grievances.

                Question put and passed, without a negative voice, there being present an absolute

                    majority of the whole number of Members of the House.

 

 7             Legislative Review Committee

                The Deputy Premier, by leave, moved - That the Legislative Review Committee have leave                                 to sit during the sitting of the House today.

                Question put and passed.

 

 8             Select Committee on Bushfire Protection and Suppression Measures

                The Deputy Premier, by leave, moved - That the Select Committee on Bushfire Protection and Suppression Measures have leave to sit during the sittings of the House for the remainder of the year.

                Question put and passed.

 

 9             Questions

                Questions without notice were asked.

 

10           Grievance debate

                The Speaker proposed - That the House note grievances.

                Debate ensued.

                Question put and passed.

 

 

 

 

11           The Flinders University of South Australia (Miscellaneous) Amendment Bill

                The Minister of Education, Employment and Training (Hon. S.M. Lenehan), pursuant to notice, moved - That she have leave to introduce a Bill for an Act to amend The Flinders University of South Australia Act 1966.

                Question put and passed.

 

                Bill presented and read a first time.

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

                Ordered, on motion of Hon. D.C. Wotton, that the debate be adjourned until tomorrow.

 

12           Construction Industry Long Service Leave (Miscellaneous) Amendment Bill

                Order of the Day read for the consideration in Committee of the amendments of the Legislative Council in the Construction Long Service Leave (Miscellaneous) Amendment Bill.

 

                                                                                            In Committee

                                                             Resolved - That the amendments be disagreed to.

 

                                                                                                                       

 

                The House having resumed:

                Mr Ferguson reported that the Committee had considered the amendments of the Legislative Council referred to it and had resolved to disagree to the same.

 

13           Stamp Duties (Penalties, Reassessments and Securities) Amendment Bill

                Order of the Day read for the adjourned debate on the question - That the Stamp Duties (Penalties, Reassessments and Securities) Amendment Bill be now read a second time.

                Debate resumed.

                Question put and passed.

 

                Bill read a second time.

                                                                                            In Committee

                                                             Clauses Nos 1 to 3 agreed to.

                                                             New Clause No. 3a inserted.

                                                             Clause No. 4 amended and agreed to.

                                                             Clause No. 5 read.

                Mr S.J. Baker moved on page 2, line 16, to leave out the words "A statement affecting the liability of an instrument to duty" and substitute "Any facts or circumstances affecting the liability of an instrument included in a statement under subsection (1)"."

                Question put and negatived.

                Mr S.J. Baker moved on page 2, lines 9 and 10, to leave out the words "a party to the                           instrument "and insert in lieu thereof the words "another person".

                Question put and negatived.

                                                             Clause otherwise amended and agreed to.

                                                             Clause No. 6 agreed to.

                                                             Clause No. 7 read.

                Mr S.J. Baker moved on page 3, line 24, to leave out the words "penalty duty" and insert in                                lieu thereof the words "further duty".

                Question put and negatived.

                                                             Clause otherwise amended and agreed to.

                                                             Clause No. 8 agreed to.

                                                             Clause No. 9 read.

                Mr S.J. Baker moved on page 4, line 14, to leave out paragraph (a); and on lines 18 and 19,                  to leave out paragraph (c).

                Question put and negatived.

 

 

                Mr S.J. Baker moved on page 5, lines 1 to 3, to leave out subsection (3) and insert in lieu                     thereof subsection as follows:

                    (3) A reassessment of duty under this section must be made within three years after the date of the original assessment or such period as the Attorney-General may, in a particular case, allow on the basis that fraud or deliberate evasion of duty appears to have occurred.

                Question put and negatived.

                Mr S.J. Baker moved on page 5, line 11, to leave out the words "or that person's agent".

                Question put and negatived.

                                                             Clause otherwise amended and agreed to.

                                                             Clause No. 10 amended and agreed to.

                                                             Clause No. 11 agreed to.

                                                             Clause No. 12 amended and agreed to.

                                                             Clauses Nos 13 to 21 agreed to.

                                                             Clause No. 22 amended and agreed to.

                                                             Clauses Nos 23 to 26 agreed to.

                                                             Clause No. 27 left out.

                                                             New Clauses Nos 27 and 27a inserted.

                The Treasurer moved on page 14, lines 8 to 15, to insert new Clause 27b as follows:

                27b. Substitution of s. 79 Section 79 of the principal Act is repealed and the following        section is substituted:

                79. Mortgage securing future and contingent liabilities (1) A mortgage that extends to future or contingent liabilities is, if limited to a particular amount, chargeable with duty as if it were a security for that amount.

                (2)     A mortgage that extends to future or contingent liabilities is, if not limited to a particular amount, chargeable with the duty as follows:

                          (a)      the mortgage is chargeable, in the first instance, with duty on the basis of an estimate of the highest amount to be secured (to be made on the assumption that all contingencies to which the mortgage or the liability is subject will actually happen);

                          and

                          (b)     if the amount of the liability secured by the mortgage subsequently exceeds the amount for which the mortgage has been previously stamped, the mortgage becomes chargeable with further duty as from the date when the liability was first exceeded and the amount of that further duty is to be calculated as follows:

                                    (i) a fresh estimate is to be made in accordance with this section of the highest amount to be secured; and

                                    (ii)     duty is then to be calculated on the basis of that estimate and in all other respects as if the mortgage were a fresh instrument made on the date when the liability was first exceeded; and

                                    (iii)    the further duty is then to be calculated by subtracting the amount of duty already paid from the amount of duty calculated under subparagraph (ii).

                                    (but this paragraph does not apply if the liability is denominated in a foreign currency and the amount for which the mortgage has been previously stamped is exceeded solely because of fluctuations in the rate of exchange).

                (3)     If a mortgage is chargeable with duty under subsection (2), the parties must, on submitting the mortgage for stamping or further stamping make a fair estimate of the highest amount to be secured (to be made on the assumption that all contingencies to which the mortgage or the liability is subject will actually happen).

                (4)     The Commissioner may accept the parties' estimate of the highest amount to be secured or, if dissatisfied with that estimate, substitute the Commissioner's own estimate of that amount, for the purposes of determining the amount of duty or further duty with which the mortgage is chargeable.

 

 

 

 

                (5)     The Commissioner has a discretion, in the case of a mortgage securing a contingent liability, to permit the mortgage to be stamped for an amount that is less than the full amount of that liability, but, if the contingency subsequently happens, further duty becomes chargeable on the mortgage as from the date of the happening of the contingency and the amount of that further duty is to be calculated as follows:

                          (a)      duty is to be calculated on the mortgage on the basis of the full amount of the liability as if the mortgage were a fresh instrument made on the date of the happening of the contingency; and

                          (b)     the further duty is then to be calculated by subtracting the amount of duty already paid from the amount of duty calculated under paragraph (a).

                (6)     If a mortgage for an unlimited amount is registered under the Real Property Act 1886, a discharge of the mortgage may not be registered unless the instrument of discharge is endorsed with a certificate by the mortgagee, an officer, agent or employee of the mortgagee, or some other person approved for the purposes of this subsection by the Commissioner -

                          (a)      stating the highest amount that was secured during the currency of the mortgage; and

                          (b)     stating that the mortgage has been duly stamped.

                (7)     If a certificate under subsection (6) is false, the mortgagee and the person by whom the certificate was signed are each guilty of an offence.

                Penalty:  Imprisonment for 2 years.

                (8)     In this section references to an amount secured or to be secured by a mortgage are, if the mortgage secures both principal and interest or principal, interest, and rate taxes or other recurrent charges in respect of land, to be read as references to the principal only.

 

                Amendments to amendment

                Mr S.J. Baker moved to amend the amendment by leaving out the word "fresh" in proposed New Clause No. 79 (2) (b) (ii) and insert in lieu thereof the following words "new and separate".

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

                Mr S.J. Baker moved to further amend the amendment by leaving out the words "liability is denominated" and inserting in lieu thereof the words "liability is wholly or partly denominated.

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

                                                             New Clause 27b, as amended, inserted.

                                                             Clauses Nos 28 to 39 agreed to.

                                                             Clause No. 40 amended and agreed to.

                                                             Clause No. 41 read.

                The Treasurer moved on page 23, lines 22 to 27; and on page 24, lines 1 to 5, to leave out subclauses (2) and (3) and insert in lieu thereof new subclause (2) as follows:

                    (2) If -

                    (a) a mortgage executed before the commencement of this Act is extended or renewed after the commencement of this Act; or

                    (b)     a liability that is secured by a mortgage executed before the commencement of this Act is incurred after the commencement of this Act (except a liability that accrues in respect of a liability that was incurred before the commencement of this Act, or a liability that takes effect in substitution for an earlier liability and does not - when incurred - exceed the amount of the earlier liability); or

                    (c) after the commencement of this Act the time for payment or repayment of a liability secured by a mortgage executed before the commencement of this Act is extended or deferred,

 

 

 

 

 

                    duty is chargeable under the principal Act as amended by this Act as if the mortgage were a fresh instrument executed on the date of the extension or renewal, the date when the fresh liability was incurred, or the date when the time for payment or repayment of the liability was extended or deferred (as the case requires), nut allowance must be made for duty paid on the mortgage before that date.

 

                Amendment to amendment

                Mr S.J. Baker moved to amend the amendment by leaving out from proposed new subclause (2) the words "a fresh instrument" and insert in lieu thereof the following words "a new and separate instrument".

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

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

                                                             Clause, as amended, agreed to.

                                                             Title agreed to.

 

                                                                                                                       

 

                The House having resumed:

                Mr Ferguson 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.

 

14           Postponement of business

                Ordered - That Order of the Day (Government Business) No. 3 be postponed and taken into consideration after Order of the Day (Government Business) No. 5.

 

15           Motor Vehicles (Confidentiality) Amendment Bill

                Order of the Day read for the adjourned debate on the question - That the Motor Vehicles                                 (Confidentiality) Amendment Bill be now read a second time.

                Debate resumed.

                Question put and passed.

 

                Bill read a second time.

                                                                                            In Committee

                                                             Clause No. 1 agreed to.

                                                             New Clause No. 1a inserted.

                                                             Clause No. 2 agreed to.

                                                             Title agreed to.

 

 

                                                                                                                       

 

 

                The House having resumed:

                Mr Ferguson 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.

 

16           Statutes Amendment (Right of Reply) Bill

                Order of the Day read for the adjourned debate on the question - That the Statutes                              Amendment (Right of Reply) Bill be now read a second time.

                Debate resumed.

                Question put and passed.

 

 

                Bill read a second time.

                By leave, House proceeded to the third reading.

 

                Bill read a third time and passed.

 

17           Messages from the Legislative Council

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

 

                Ambulance Services Bill                                                                                                   Message No. 47

                MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to provide for the licensing of persons who provide ambulance services; to repeal the Ambulance Services Act 1985; and for other purposes, with the amendments indicated by the annexed Schedule to which amendments the Legislative Council desires the concurrence of the House of Assembly.

                Legislative Council, 17 November 1992                                                            G.L. Bruce, PRESIDENT

 

                                                 Schedule of the amendments made by the Legislative Council

                No. 1     Page 2 (clause 6) - After line 18 insert new subclause as follows:-

                               "(1a)  When considering an application for a licence under subsection (1) the Minister is not bound to take subsection (1)(b) into account in respect of an existing licence holder who does not, in the opinion of the Minister, provide ambulance services in an efficient manner."

                No. 2     Page 4, lines 13 to 15 (clause 12) - Leave out paragraph (b) and insert new paragraphs as follow:-

                               "(b)   two members nominated by the Priory;

                               (ba)   one member who is a serving volunteer ambulance officer elected by serving volunteer ambulance officers;

                               (bb)   one member who is a person serving as a volunteer in the administration of the provision of ambulance services elected by persons who are serving as volunteers in the administration of the provision of ambulance services;".

                No. 3     Page 4, line 22 (clause 13) - Leave out "volunteer".

                No. 4     Page 4, lines 23 and 24 (clause 13) - Leave out these lines and insert "serving volunteer ambulance officers and persons who are serving as volunteers in the administration of the provision of ambulance services to advise the association in relation to the provision of volunteer ambulance services in country regions".

                No. 5     Page 7, line 4, the Schedule - Leave out "for 12 months after the repeal of that Act" and insert "until surrendered by the holder of the licence".

                                                             J.M. Davis, CLERK OF THE LEGISLATIVE COUNCIL

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

 

                Local Government (Financial Management) Amendment Bill   Message No. 48

                MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Local Government Act 1934, to which it desires the concurrence of the House of Assembly.

                Legislative Council, 17 November 1992                                                            G.L. Bruce, PRESIDENT

 

                Bill read a first time.

                The Minister of Housing, Urban Development and Local Government Relations moved -                    That this Bill be now read a second time.

                Ordered, on motion of Mr S.J. Baker, that the debate be adjourned until tomorrow.

 

18           Adjournment

                The Minister of Housing, Urban Development and Local Government Relations moved - That the House do now adjourn.

                Debate ensued.

 

 

                Question put and passed.

                House adjourned at 9.15 p.m. until tomorrow at 2.00 p.m.

 

                                                                                                                         

 

 

                                                               MOTIONS OF WHICH NOTICE WAS GIVEN

 

For Wednesday 18 November 1992

                Notices of Motion: Government Business -

 

The Treasurer to move - That he have leave to introduce a Bill for an Act to amend the Parliamentary Superannuation Act 1974.

 

The Minister of Mineral Resources to move - That he have leave to introduce a Bill for an Act to amend the Mining Act 1971.

 

The Premier to move - That the First Report of the Royal Commission into the State Bank of South Australia be noted.

 

For Wednesday 25 November 1992

                Notice of Motion: Other Motion -

 

Mr Holloway to move - That this House notes the Government's decision to request the State Bank, SGIC and other statutory authorities to more fully disclose details of salary packages in excess of $100 000 in their annual reports and calls on the Federal Government to consider amending Schedule 5 of the Corporations Law to ensure that a more complete disclosure of remuneration is included in the financial reports of Australian companies.

 

                                                                                                                          

 

Present during the day - All the Members except Hon. D.J. Hopgood.

 

 

 

 

 

 

 

 

                                                                                                                                                N.T. Peterson

                                                                                                                                                SPEAKER

 

G.D. Mitchell

CLERK OF THE HOUSE OF ASSEMBLY