191

 

 

No.29

 

 

VOTES AND PROCEEDINGS

 

 

OF THE

 

 

HOUSE OF ASSEMBLY

 

____________

 

 

WEDNESDAY 21 NOVEMBER 1990

 

 

1          Meeting of House

The House met pursuant to adjournment.  The Speaker (Hon. N.T. Peterson) took the Chair and read prayers.

 

2          Suspension of Standing Orders ‑ Conference

The Minister for Environment and Planning (Hon. S.M. Lenehan), without notice, moved ‑ That the Standing Orders be so far suspended as to enable the sitting of the House to be continued during the Conference with the Legislative Council on the Wilpena Station Tourist Facility Bill.

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

 

3          Petitions Nos 66 to 68

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

 

66    Dr Armitage, from 15 residents of South Australia, requesting that the House urge the Government to extend free student travel on public transport to all students, and allow private bus operators to participate in the scheme.

 

67    Dr Armitage, from 891 residents of South Australia, requesting that the House urge the Government to adopt the recommendations of the Strategic Planning Authority for Mental Health Services.

 

68    Hon. D.C. Wotton, from 19 residents of South Australia, requesting that the House urge the Government to limit the prohibitions on development in the Mount Lofty Ranges as ordered by the Supplementary Development Plan.

 

4          Joint Committee on Subordinate Legislation ‑ Minutes of Proceedings

Mr McKee, by leave, brought up the Joint Committee on Subordinate Legislation Minutes of Proceedings of 21 November.

Minutes received.

 

5          Questions

Questions without notice were asked.


192

 

6          Workers Rehabilitation and Compensation Act Amendment Bill (No.2)

The Minister of Labour (Hon. R.J. Gregory), pursuant to notice, moved ‑  That he have leave to introduce a Bill for an Act to amend the Workers Rehabilitation and Compensation Act, 1986.

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 Oswald, that the debate be adjourned until tomorrow.

 

7          Boating Act Amendment Bill

The Minister of Marine (Hon. R.J. Gregory), pursuant to notice, moved ‑  That he have leave to introduce a Bill for an Act to amend the Boating Act, 1974.

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 Meier, that the debate be adjourned until tomorrow.

 

8          Occupational Health, Safety and Welfare Act Amendment Bill

Order of the Day read for the adjourned debate on the question ‑ That the Occupational Health, Safety and Welfare Act 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.

                                                                    Clause No. 4 read.

Question ‑ That the clause stand as printed ‑ put.

Committee divided (No.1):

Ayes, 21.

Hon. L.M.F. Arnold

Mr Atkinson

Hon. J.C. Bannon

Hon. F.T. Blevins

Hon. G.J. Crafter

Mr De Laine

Mr Ferguson

Mr Groom

Mr Hamilton

Hon. T.H. Hemmings

Mr Heron

Mr Holloway

Hon. D.J. Hopgood

Mrs Hutchison

Hon. S.M. Lenehan

Mr McKee

Hon. N.T. Peterson

Mr Quirke

Hon. M.D. Rann

Hon. J.P. Trainer

Hon.R.J. Gregory (Teller)

 

Noes, 21.

Hon. H. Allison

Dr Armitage

Hon. P.B. Arnold

Mr Becker

Mr Blacker

Mr Brindal

Hon. J.L. Cashmore

Hon. T. Chapman

Hon. B.C. Eastick

Mr S.G. Evans

Hon. E.R. Goldsworthy

Mr Gunn

Mrs Kotz

Mr Lewis

Mr Matthew

Mr Meier

Mr Oswald

Mr Such

Mr Venning

Hon. D.C. Wotton

Mr S.J. Baker (Teller)

 


193

 

Casting Vote

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

So it was resolved in the affirmative.

                                                                    Clauses Nos 5 and 6 agreed to.

                                                                    Clause No. 7 read.

Question ‑ That the clause stand as printed ‑ put.

Committee divided (No. 2):

Ayes, 20.

Mr Atkinson

Hon. J.C. Bannon

Hon. F.T. Blevins

Hon. G.J. Crafter

Mr De Laine

Mr Ferguson

Mr Groom

Mr Hamilton

Hon. T.H. Hemmings

Mr Heron

Mr Holloway

Hon. D.J. Hopgood

Mrs Hutchison

Hon. S.M. Lenehan

Mr McKee

Hon. N.T. Peterson

Mr Quirke

Hon. M.D. Rann

Hon. J.P. Trainer

Hon. R.J. Gregory (Teller)

 

Noes, 21.

Hon. H. Allison

Dr Armitage

Hon. P.B. Arnold

Mr D.S. Baker

Mr Becker

Mr Blacker

Mr Brindal

Hon. T. Chapman

Hon. B.C. Eastick

Mr S.G. Evans

Hon. E.R. Goldsworthy

Mr Gunn

Mrs Kotz

Mr Lewis

Mr Matthew

Mr Meier

Mr Oswald

Mr Such

Mr Venning

Hon. D.C. Wotton

Mr S.J. Baker (Teller)

 

So it passed in the negative

                                                                    Clauses Nos 8 and 9 agreed to.

                                                                    Clause No. 10 read.

Mr S.J. Baker moved on page 5, lines 1 to 3, to leave out subsection (4).

Question ‑ That the amendment be agreed to ‑ put and negatived.

Mr S.J. Baker moved on page 5, lines 30 and 31, to leave out the words ", the employer or, if any employee is a member of a registered association, that registered association" and insert in lieu thereof the words "or the employer".

Question ‑ That the amendment be agreed to ‑ put and negatived.

                                                                    Clause agreed to.

                                                                    Clause No. 11 read.

Mr S.J. Baker moved on page 6, lines 27 to 29, to leave out all words in these lines.

Question ‑ That the amendment be agreed to ‑ put.


194

 

 

Committee divided (No.3):

Ayes, 19.

Hon. H. Allison

Dr Armitage

Hon. P.B. Arnold

Mr D.S. Baker

Mr Becker

Mr Blacker

Mr Brindal

Hon. J.L. Cashmore

Hon. B.C. Eastick

Mr S.G. Evans

Hon. E.R. Goldsworthy

Mr Gunn

Mr Matthew

Mr Meier

Mr Oswald

Mr Such

Mr Venning

Hon. D.C. Wotton

Mr S.J. Baker (Teller)

 

Noes, 21.

Hon. L.M.F. Arnold

Mr Atkinson

Hon. J.C. Bannon

Hon. F.T. Blevins

Hon. G.J. Crafter

Mr De Laine

Mr Ferguson

Mr Groom

Mr Hamilton

Hon. T.H. Hemmings

Mr Heron

Mr Holloway

Hon. D.J. Hopgood

Mrs Hutchison

Hon. S.M. Lenehan

Mr McKee

Hon. N.T. Peterson

Mr Quirke

Hon. M.D. Rann

Hon. J.P. Trainer

Hon. R.J. Gregory (Teller)

 

So it passed in the negative.

                                                                    Clause agreed to.

                                                                    Clause No. 12 agreed to.

                                                                    Clause No. 13 read.

Mr S.J. Baker moved on page 7, line 1,  to leave out the words "two‑thirds" and insert in lieu thereof the words "one‑half".

 

Amendment withdrawn

Amendment, by leave, withdrawn.

                                                                    Clause otherwise amended and agreed to.

                                                                    Clauses Nos 14 to 29 agreed to.

Mr S.J. Baker moved on page 13, after line 8, to insert a new Clause No. 29a. as follows:

29a. The following section is inserted after section 64 of the principal Act:

64a. Compulsory blood tests (1) Where ‑

(a)   a person attends at, or is admitted into, a hospital for the purpose of receiving treatment for an injury;

and

(b)   it appears ‑

(i)    that the injury is a work‑related injury (caused during the course of employment);

and

(ii)   that the injury has occurred within the preceding period of eight hours,

it is, subject to this section, the duty of a legally qualified medical practitioner by whom the patient is attended to take, as soon as practicable, a sample of that patient's blood (notwithstanding that the patient may be unconscious) in accordance with this section.

(2)   A medical practitioner must not take a sample of blood under this section where, in his or her opinion, it would be injurious to the medical condition of the patient to do so.


195

 

(3)   A medical practitioner is not obliged to take a sample of blood under this section where the patient objects to the taking of the sample of blood and persists in that objection after the medical practitioner has informed the patient that, unless the objection is made on genuine medical grounds, it may constitute an offence against this section.

(4)   A medical practitioner is not obliged to take a sample of blood under this section where a sample of blood has been taken in accordance with this section by any other medical practitioner.

(5)   A medical practitioner by whom a sample of blood is taken under this section must place it, in approximately equal proportions, in two separate containers, seal the containers and ‑

        (a)   must make available to an inspector ‑

(i)    one of the containers marked with an identification number distinguishing the sample of blood from other samples of blood taken under this section;

        and

         (ii)  a certificate signed by the medical practitioner containing the information required under subsection (8);

                        and

        (b)   must cause the other container to be delivered to, or retained on behalf of, the person from whom the sample of blood was taken.

(6)   Each container must contain a sufficient quantity of blood to enable an accurate evaluation to be made on any concentration of alcohol present in the blood and the sample of blood taken by the medical practitioner must be such as to furnish two such quantities of blood.

(7)   It is the duty of the medical practitioner by whom the sample of blood is taken to take such measures as are reasonably practicable in the circumstances to ensure that the blood is not adulterated and does not deteriorate so as to prevent a proper assessment of the concentration of alcohol present in the blood of the person from whom the sample was taken.

(8)   The certificate referred to in subsection (5)(a) must be signed by the medical practitioner by whom the sample of blood was taken and contain the following information:

        (a)   the identification number of the sample of blood marked on the container referred to in subsection (5)(a);

        (b)   the name and address of the person from whom the sample of blood was taken;

        (c)   the name of the medical practitioner by whom the sample of blood was taken;

        and

        (d)   the date, time and hospital at which the sample of blood was taken.

(9)   After analysis of the sample of blood in a container made available to an inspector pursuant to subsection (5)(a), the analyst who performed or supervised the analysis must sign a certificate containing the following information:

        (a)   the identification number of the sample of blood marked on the container;

        (b)   the name and professional qualifications of the analyst;

        (c)   the date on which the sample of blood was received in the laboratory in which the analysis was performed;

        (d)   the concentration of alcohol or other drug found to be present in the blood;

        (e)   any factors relating to the blood sample or the analysis that might, in the opinion of the analyst, adversely affect the accuracy or validity of the analysis;

        and

        (f)    any other information relating to the blood sample or analysis or both that the analyst thinks fit to include.


196

 

(10) On completion of an analysis of a sample of blood, the certificate of the medical practitioner by whom the sample of blood was taken and the certificate of the analyst who performed or supervised the analysis must be sent to the Minister or retained on behalf of the Minister and, in either event, copies of the certificates must be sent ‑

        (a)   to the Director of the Department of Labour;

        (b)   to the medical practitioner by whom the sample of blood was taken;

        (c)   to the person from whom the sample of blood was taken;

        and

        (d)   the person's employer at the time of the occurrence of the injury.

(11) If the whereabouts of the person from whom the sample of blood is taken, or the identity or whereabouts of the employer is unknown, there is no obligation to send a copy of the certificate to the person or employer (as the case may be) but copies of the certificates must, upon application made within two years after completion of the analysis, be furnished to any person to whom they should, but for this subsection, have been sent.

(12) Subject to subsection (15), an apparently genuine document purporting to be a certificate, or copy of a certificate, of a medical practitioner or analyst under this section is admissible in proceedings before a court and is, in the absence of proof to the contrary, proof of the matters stated in the certificate.

(13) Where certificates of a medical practitioner and analyst are received as evidence in proceedings before a court and contain the same identification number for the samples of blood to which they relate, the certificates will be presumed, in the absence of proof to the contrary, to relate to the same sample of blood.

(14) Where a certificate of an analyst is received as evidence in proceedings before a court, it will be presumed, in the absence of proof to the contrary, that the concentration of alcohol or other drug stated in the certificate has having been found to be present in the sample of blood to which the certificate relates was present in the sample when the sample was taken.

(15) A certificate referred to in subsection (12) cannot be received as evidence in proceedings for an offence against this Act ‑

        (a)   unless a copy of the certificate proposed to be put in evidence at the trial of a person for the offence has, not less than seven days before the commencement of the trial, been served on that person;

        (b)   if the person on whom a copy of the certificate has been served has, not less than two days before the commencement of the trial, served written notice on the complainant requiring the attendance at the trial of the person by whom the certificate was signed;

        or

        (c)   if the court, in its discretion, requires the person by whom the certificate was signed to attend at the trial.

(16) Any person who, on being requested to submit to the taking of a sample of blood under this section, refuses or fails to comply with that request and who ‑

        (a)   fails to assign any reason based on genuine medical grounds for that refusal or failure;

        (b)   assigns a reason for that refusal or failure that is false or misleading;

        or

        (c)   makes any other false or misleading statement in response to the request, is guilty of an offence.


197

 

Penalty:  Division 7 fine.

(17) A medical practitioner who fails, without reasonable excuse, to comply with a provision of, or to perform any duty arising under, this section is guilty of an offence.

        Penalty: Division 7 fine.

(18) No proceedings can be commenced against a medical practitioner for an offence against subsection (17) unless those proceedings have been authorized by the Attorney‑General.

(19) An apparently genuine document purporting to be signed by the Attorney‑General and to authorize proceedings against a medical practitioner for an offence under subsection (17) must, in the absence of evidence to the contrary, be accepted by any court as proof that those proceedings have been authorized by the Attorney‑General.

(20) No proceedings lie against a medical practitioner in respect of anything done in good faith and in compliance, or purported compliance, with the provisions of this section.

(21) In this section ‑

        "hospital" means any institution at which medical care or attention is provided for injured persons, declared to be a hospital for the purposes of section 47i of the Road Traffic Act, 1961.

Question ‑ That the amendment be agreed to ‑ put and negatived.

                                                                    Clause No. 30 agreed to.

                                                                    Title agreed to.

____________

 

The House having resumed:

Hon. T.H. Hemmings reported that the Committee had considered the Bill referred to it and had agreed to the same with amendments.

 

9          Speaker's Statement ‑ The bells

Following a personal explanation made by the Minister of Industry, Trade and Technology (Hon. L.M.F. Arnold) relating to a malfunction in the House bell system which resulted in the Minister not voting in a division in Committee on the Bill, the Speaker reported that the bells had been checked and a fault had been detected.  Under the circumstances he believed that the House could consider recommitting the Bill.

 

10       Occupational Health, Safety and Welfare Act Amendment Bill

Consideration of the Occupational Health, Safety and Welfare Bill resumed.

The Minister of Occupational Health, Safety and Welfare (Hon. R.J. Gregory) moved ‑ That the Bill be recommitted.

Question put.

The House proceeding to a division:

 

Division not proceeded with

Division, by leave, not proceeded with.

Motion agreed to.

 

In Committee

                                                                    Clauses Nos 1 to 6 agreed to.

                                                                    Clause No.7 reinserted.

                                                                    Clauses Nos 8 to 10 agreed to.

                                                                    Clause No. 11 read.

Mr S.J. Baker moved on page 6, lines 27 to 29, to leave out all words in  these lines.

Question  ‑ That the amendment be agreed to ‑ put.


198

 

Committee divided (No.4):

Ayes, 21.

Hon. H. Allison

Dr Armitage

Hon. P.B. Arnold

Mr Becker

Mr Blacker

Mr Brindal

Hon. J.L. Cashmore

Hon. T. Chapman

Hon. B.C. Eastick

Mr S.G. Evans

Hon. E.R. Goldsworthy

Mr Gunn

Mrs Kotz

Mr Lewis

Mr Matthew

Mr Meier

Mr Oswald

Mr Such

Mr Venning

Hon. D.C. Wotton

Mr S.J. Baker (Teller)

 

Noes, 21.

Hon. L.M.F. Arnold

Mr Atkinson

Hon. J.C. Bannon

Hon. F.T. Blevins

Hon. G.J. Crafter

Mr De Laine

Mr Ferguson

Mr Groom

Mr Hamilton

Hon. T.H. Hemmings

Mr Heron

Mr Holloway

Hon. D.J. Hopgood

Mrs Hutchison

Hon. S.M. Lenehan

Mr McKee

Hon. N.T. Peterson

Mr Quirke

Hon. M.D. Rann

Hon. J.P. Trainer

Hon R.J. Gregory (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.

                                                                    Clauses Nos 12 to 30 agreed to.

                                                                    Title agreed to.

____________

 

The House having resumed:

Mr M.J. Evans reported that the Committee had reconsidered the Bill referred to it and had agreed to the same with a further amendment.

 

The Minister of Occupational Health and Safety (Hon. R.J.Gregory) moved ‑ That this Bill be now read a third time.

Debate ensued.

Question put.


199

 

House divided (No.5):

Ayes,21.

Hon. L.M.F. Arnold

Mr Atkinson

Hon. J.C. Bannon

Hon. F.T. Blevins

Hon. G.J. Crafter

Mr De Laine

Mr M.J. Evans

Mr Ferguson

Mr Groom

Mr Hamilton

Hon. T.H. Hemmings

Mr Heron

Mr Holloway

Hon. D.J. Hopgood

Mrs Hutchison

Hon. S.M. Lenehan

Mr McKee

Mr Quirke

Hon. M.D. Rann

Hon. J.P. Trainer

Hon. R.J. Gregory (Teller)

 

Noes,21.

Hon. H. Allison

Dr Armitage

Hon. P.B. Arnold

Mr Becker

Mr Blacker

Mr Brindal

Hon. J.L. Cashmore

Hon. T. Chapman

Hon. B.C. Eastick

Mr S.G. Evans

Hon. E.R. Goldsworthy

Mr Gunn

Mrs Kotz

Mr Lewis

Mr Matthew

Mr Meier

Mr Oswald

Mr Such

Mr Venning

Hon. D.C. Wotton

Mr S.J. Baker (Teller)

 

 

Casting Vote

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

So it was resolved in the affirmative.

 

Bill read a third time and passed.

 

11       Speaker's Statement ‑ The bells

The Speaker made a further statement relating to the bells.

 

12       Senior Secondary Assessment Board of South Australia Act Amendment Bill

Order of the Day read for the adjourned debate on the question ‑ That the Senior Secondary Assessment Board of South Australia Act 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.

                                                                    Clause No. 2 read.

        To report progress and ask leave to sit again.

____________

 

The House having resumed:

Mr DeLaine 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.


200

 

13       Extension of time for adjournment

The Minister of Education (Hon. G.J. Crafter) moved ‑ That the time for moving the adjournment of the House be extended beyond 10.00 p.m.

Question put and passed.

 

14       Senior Secondary Assessment Board of South Australia Act Amendment Bill

Ordered ‑ That the further consideration in Committee of the Senior Secondary Assessment Board of South Australia Act Amendment Bill be now resumed.

 

In Committee

                                                                    Clause No. 2 further considered and agreed to.

                                                                    Clause No. 3 agreed to.

                                                                    Clause No. 4 read.

Mr Brindal moved on page 1, line 29, after the word "Education" to insert the words " and at least one of those four a practising teacher."

Question ‑ That the amendment be agreed to ‑ put and negatived.

Mr Brindal moved on page 2, line 21, to leave out the words "two must be persons" and insert in lieu thereof the words "one must be a person".

 

Amendment withdrawn

Amendment, by leave, withdrawn.

                                                                    Clause otherwise amended and agreed to.

                                                                    Clause No. 5 amended and agreed to.

                                                                    Clauses Nos 6 and 7 agreed to.

                                                                    Schedule agreed to.

                                                                    Title agreed to.

____________

 

The House having resumed:

Mr De Laine 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       Message from the Legislative Council

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

 

Land Acquisition Act Amendment Bill                                                                                               Message No. 37

MR SPEAKER ‑ The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Land Acquisition Act, 1969, to which it desires the concurrence of the House of Assembly.

Legislative Council, 21 November 1990                                                                                                G.L. Bruce, PRESIDENT

 

Bill read a first time.

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

 

16       Pipelines Authority Act Amendment Bill

Order of the Day read for the adjourned debate on the question ‑ That the Pipelines Authority Act Amendment Bill be now read a second time.

Debate resumed.


201

 

Question put and passed.

 

Bill read a second time.

 

In Committee

                                                                    Clauses Nos 1 to 3 agreed to.

                                                                    Clause No. 4 amended and agreed to.

                                                                    Clause No. 5 left out.

                                                                    Title agreed to.

____________

 

The House having resumed:

Mr De Laine reported that the Committee had considered the Bill referred to it and had agreed to the same with amendments.

The Minister of Transport (Hon. F.T. Blevins) moved ‑ That this Bill be now read a third time.

Debate ensued.

Question put and passed.

 

Bill read a third time and passed.

 

17       Suspension of Standing Orders

The Minister of Transport, without notice, moved ‑ That Standing Orders be so far suspended as to enable the House to sit beyond midnight.

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

 

18       Landlord and Tenant Act Amendment Bill

Order of the Day read for the adjourned debate on the question ‑ That the Landlord and Tenant Act Amendment Bill be now read a second time.

Debate resumed.

____________

 

It being midnight:

THURSDAY 22 NOVEMBER 1990

____________

 

Question put and passed.

 

Bill read a second time.

 

In Committee

                                                                    Clauses Nos 1 to 5 agreed to.

                                                                    Clause No. 6 read.

Mr S.J. Baker moved on page 3, lines 29 to 35, to leave out subsection (1) and insert new subsection in lieu thereof  as follows:

"(1) Subject to the section, the terms of a commercial tenancy agreement must be embodied in a lease in registrable form."

Question ‑ That the amendment be agreed to ‑ put and negatived.

Mr S.J. Baker moved on page 4, lines 1 to 24, to leave out section 61b and insert in lieu thereof new section as follows:


202

 

"61b        Where a lease embodying the terms of a commercial tenancy agreement in registrable form is prepared ‑

        (a)   the costs of the preparation of the lease must be shared equally between the landlord and the tenant;

        and

        (b)   any costs or expenses relating to preparing or filing a plan of any premises for the purpose of registering the lease must be borne by the landlord, but otherwise the liability for any related costs or expenses (including costs or expenses related to stamping or registering the document) will be determined by agreement between the landlord and the tenant.

Question ‑ That the amendment be agreed to ‑ put and negatived.

                                                                    Clause agreed to.

                                                                    Clauses Nos 7 to 9 agreed to.

                                                                    Clause No.10 read.

Mr S.J. Baker moved on page 7, line 18, to leave out the word "five" and insert in lieu thereof the word " three"; and on line 22, to leave out the word "five" and insert in lieu thereof the word "three".

Question ‑ That the amendments be agreed to ‑ put and negatived.

Mr S.J. Baker moved on page 7, lines 25 to 28, to leave out paragraph (a) and insert new paragraph in lieu thereof as follows:

        (a)   if the term of the tenancy is six months or less;

        (ab) if the tenant has before entering into the agreement sought and received independent advice from a legal practitioner and the legal practitioner has signed a certificate in the prescribed form as to giving of that advice;

Question ‑ That the amendment be agreed to ‑ put and negatived.

                                                                    Clause agreed to.

                                                                    Clause No.11 read.

Mr S.J. Baker moved on page 11, after line 12, to insert new subsection as follows:

"(12)       This section operates to the extent to which a commercial tenancy agreement does not provide for the removal, destruction or disposal of goods that are left on the premises that were subject to the agreement (and the resolution of any dispute that may arise in respect of such goods) and, notwithstanding any other provision of this Part, in the event of an inconsistency between a provision of a commercial tenancy agreement and a provision of this section, the provision of the commercial tenancy agreement will, to the extent of the inconsistency, prevail."

Question ‑ That the amendment be agreed to ‑ put and negatived.

                                                                    Clause agreed to.

                                                                    Clauses Nos 12 and 13 agreed to.

                                                                    Clause No.14 read.

Mr S.J. Baker moved on page 12, lines 3 and 4, to leave out the words "two years" and insert in lieu thereof the words "one year".

Question ‑ That the amendment be agreed to ‑ put and negatived.

                                                                    Clause agreed to.

                                                                    Clauses Nos 15 to 18 agreed to.

                                                                    Schedule agreed to.

                                                                    Title agreed to.

____________

 


203

 

The House having resumed:

Mr M.J. Evans 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.

 

19       Postponement of business

Ordered ‑ That Orders of the Day (Government Business) Nos 5 to 12 be postponed and taken into consideration after Order of the Day (Government Business) No.13.

 

20       Motor Vehicles Act Amendment Bill (No. 3)

Order of the Day read for the adjourned debate on the question ‑ That the Motor Vehicles Act Amendment Bill (No. 3) be now read a second time.

Debate resumed.

Question put and passed.

 

Bill read a second time.

 

In Committee

                                                                    Clause No. 1 agreed to.

                                                                    Clause No. 2 read.

Hon. D.C. Wotton moved on page 1, lines 15 to 21, to leave out all words in these lines and insert in lieu thereof new paragraph as follows:

"(ab)       where an application to register a motor vehicle ‑

         (i)   currently or last registered in another State or a Territory of the Commonwealth or in another country;

         and

        (ii)   first registered (in any jurisdiction) more than five years before the date of the application, has been made, examine the motor vehicle for the purpose of ascertaining                        whether it ‑

         (iii) complies with any Act or regulation that regulates the design, construction or maintenance of such a motor vehicle;

        or

        (iv)  would, if driven on a road, put the safety of persons using the road at risk;."

Question ‑ That the amendment be agreed to ‑ put.


204

 

Committee divided (No. 6):

Ayes, 21.

Hon. H. Allison

Dr Armitage

Hon. P.B. Arnold

Mr S.J. Baker

Mr Becker

Mr Blacker

Mr Brindal

Hon. J.L. Cashmore

Hon. T. Chapman

Hon. B.C. Eastick

Mr S.G. Evans

Hon. E.R. Goldsworthy

Mr Gunn

Mrs Kotz

Mr Lewis

Mr Matthew

Mr Meier

Mr Oswald

Mr Such

Mr Venning

Hon. D.C. Wotton (Teller)

 

Noes, 21.

Hon. L.M.F. Arnold

Mr Atkinson

Hon. J.C. Bannon

Hon. G.J. Crafter

Mr De Laine

Mr Ferguson

Hon. R.J. Gregory

Mr Groom

Mr Hamilton

Hon. T.H. Hemmings

Mr Heron

Mr Holloway

Hon. D.J. Hopgood

Mrs Hutchison

Hon. S.M. Lenehan

Mr McKee

Hon. N.T. Peterson

Mr Quirke

Hon. M.D. Rann

Hon. J.P. Trainer

Hon. F.T. Blevins (Teller)

 

 

Casting Vote

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

So it passed in the negative.

                                                                    Clause agreed to.

                                                                    Title agreed to.

____________

 

The House having resumed:

Mr M.J. Evans 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.

 

21       Adjournment

House adjourned at 1.27 a.m. until today at 11.00 a.m.

____________

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

For Thursday 22 November 1990

            Notice of Motion: Other Business‑‑

 

The Minister of Education to move ‑ That he have leave to introduce a Bill for an Act to amend the Wrongs Act, 1936.

 


205

 

The Minister of Water Resources to move ‑ That she have leave to introduce a  Bill for an Act to amend the Irrigation Act, 1930; the Local Government Act, 1934; the Pollution of Waters by Oil and Noxious Substances Act, 1987; the Public and Environmental Health Act, 1987; and the Waterworks Act, 1932.

 

The Minister for Environment and Planning to move ‑ That she have leave to  introduce a Bill for an Act to provide for the opening and closing of roads; to repeal the Roads (Opening and Closing) Act, 1932; to amend the Highways Act, 1926; and for other purposes.

 

For Thursday 6 December 1990

            Notice of Motion: Other Business

 

Mr Becker to move ‑ That he have leave to introduce a Bill for an Act to amend the Liquor Licensing Act, 1985.

 

For Thursday 13 December 1990

            Notices of Motion: Other Business

 

Mrs Kotz to move ‑ That the Government should introduce and provide a voluntary proof‑of‑age card to persons aged between 18 and 25 years as a positive measure to discourage and control under‑age drinking.

 

Mr Becker to move ‑ That he have leave to introduce a Bill for an Act to amend the Building Act, 1971.

____________

 

Present during the day ‑ All the Members except Mr Ingerson, Hon. J.H.C.  Klunder and Hon. M.K. Mayes.

 

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

 

Division No. 1 ‑

Ayes ‑ Hon. J.H.C. Klunder and Hon. M.K. Mayes.

Noes ‑ Messrs D.S. Baker and Ingerson.

 

Division No. 2 ‑

Ayes ‑ Hon. J.H.C. Klunder and Hon. M.K. Mayes.

Noes ‑ Messrs D.S. Baker and Ingerson.

 

Division No. 3 ‑

Ayes ‑ Hon. T. Chapman and Mr Ingerson.

Noes ‑ Hon. J.H.C. Klunder and Hon. M.K. Mayes.

 

Division No. 4 ‑

Ayes ‑ Messrs D.S. Baker and Ingerson.

Noes ‑ Hon. J.H.C. Klunder and Hon. M.K. Mayes.

 


206

 

Division No. 5 ‑

Ayes ‑ Hon. J.H.C. Klunder and Hon. M.K. Mayes.

Noes ‑ Messrs D.S. Baker and Ingerson.

 

Division No. 6 ‑

Ayes ‑ Messrs D.S. Baker and Ingerson.

Noes ‑ Hon. J.H.C. Klunder and Hon. M.K. Mayes.

 

 

 

 

 

 

                                                                                                                                    N.T. Peterson

                                                                                                                                    SPEAKER

G.D. Mitchell

CLERK OF THE HOUSE OF ASSEMBLY