No 29

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

TUESDAY 8 FEBRUARY 2005

 

 

1       Meeting of House

         The House met pursuant to adjournment. The Speaker (Hon Peter Lewis) took the Chair and read prayers.

 

2        Asian Tsunami – Condolence Motion

The Premier (Hon M D Rann), by leave, moved - That the House of Assembly:  expresses its sadness and dismay at the terrible human and material cost of the 2004 Boxing Day tsunami in southern Asia; mourns the death of more than 200,000 people, including 17 Australians and three people linked to this State; commends South Australians from all walks of life for contributing to the relief effort; and pledges South Australia’s ongoing support for the long-term rebuilding effort in Asia.

And being supported by the Leader of the Opposition (Hon R G Kerin), Minister for Health (Hon L Stevens), Hon D C Brown, Mr Koutsantonis, Hon I F Evans, Hon W A Matthew, Mrs Hall, Mr Brindal, Mr Scalzi, and the Speaker.

Motion carried in silence; Members rising in their places.

 

3       Papers

         The following Papers were tabled:

 

By the Deputy Premier (Hon K O Foley) –

      AustralAsia Railway Corporation – Report 2003-04

      Public Sector Management Act 1995, Section 69 – Appointments to the Minister's personal staff

      Remuneration Tribunal, Determinations and Reports of the –

No. 1 of 2004 – Auditor-General, Electoral Commissioner, Deputy Electoral Commissioner, Employee Ombudsman, Ombudsman and Health and Community Services Complaints Commissioner

No. 2 of 2004 – Alternative Vehicle Request from Master Anne Bampton

No. 3 of 2004 – Members of the Judiciary, Members of the Industrial Relations Commission, State Coroner, Commissioners of the Environment, Resources and Development Court

No. 4 of 2004 – Amendments to Determination No. 5 of 2001 – Conveyance Allowances

No. 5 of 2004 – Amendments to Determination No. 2 of 2002 – Travelling and Accommodation Allowances

 

By the Treasurer (Hon K O Foley) –

      South Australian Government - Final Budget Outcome 2003-04

      Regulations under the following Acts –

Police Superannuation – Salary

Superannuation –

            Commutation

                        Julia Farr Services

 

 

By the Minister for Police (Hon K O Foley) –

      Australian Crime Commission – Report 2003-04

 

By the Minister for Energy (Hon P F Conlon) –

      Regulations under the following Act –

                  Electricity – Aerial Lines

 

By the Attorney-General (Hon M J Atkinson) –

      Courts Administration Authority – Report 2003-2004

      Public Trustee Office – Report 2003-2004

      South Australian Equal Opportunity Commission – Report 2003-2004

      Summary Offences Act –

                  Section 74B – Statistical Returns for Road Block Establishment Authorisations

                  Section 83B – Statistical Returns for Dangerous Area Declarations

      Regulations under the following Act –

                  Criminal Law (Sentencing) – Identity Theft

      Rules of Court –

                  Magistrates Court – Insurance Claims

                  Administration and Probate – Administration Guarantees

 

By the Minister for Multicultural Affairs (Hon M J Atkinson) –

      South Australian Multicultural and Ethnic Affairs Commission – Report 2003-2004

 

By the Minister for Health (Hon L Stevens) –

      National Health and Medical Research Council – Ethical guidelines on the use of assisted reproductive technology in clinical practice and research

      Public and Environmental Health Council – Report 2003-2004

 

By the Minister for Transport (Hon P L White) –

      Regulations under the following Act –

                  Motor Vehicles – Refunds

 

By the Minister for Urban Development and Planning (Hon P L White) –

      Development Act – Development Plan Amendment Reports –

            District Council of Mount Barker - Mount Barker Regional Town Centre Car Parking and Urban Design

                  District Council of Tumby Bay – General Farming Zone – Coastal Zone – Residential

 

By the Minister for Environment and Conservation (Hon J D Hill) –

      Correctional Services Advisory Council – Report 2003-2004

      Regulations under the following Act –

                  Environment Protection – Waste Depot Levy

 

By the Minister for Administrative Services (Hon M J Wright) –

      Regulations under the following Act –

                  Freedom of Information – Children in State Care Inquiry

 

By the Minister for Gambling (Hon M J Wright) –

      Rules –

                  Authorised Betting Operation – Betting Exchanges

 

By the Minister for Education and Children’s Services (Hon J D Lomax-Smith) –

      Regulations under the following Acts –

                  Education – Nomination of Board Members

                  Senior Secondary Assessment Board of South Australia – Subjects and Fees

                  Teachers Registration and Standards – Nomination of Board Members

 

By the Minister for Tourism (Hon J D Lomax-Smith) –

      World Police and Fire Games Corporation 2007 – Charter 2004-2005

 

By the Minister for State/Local Government Relations (Hon R J McEwen) –

      Local Government Grants Commission South Australia – Report 2003-2004

      Local Council By-Laws –

                  City of Victor Harbor –

                        No. 2 - Moveable Signs

                        No. 3 - Local Government Land

                        No. 4 - Roads

                  Flinders Rangers Council –

                        No. 1 - Permits and Penalties

                        No. 2 - Moveable Signs

 

By the Minister for the River Murray (Hon K A Maywald) –

      Murray-Darling Basin Commission – Report 2003-04

 

By the Minister for Consumer Affairs (Hon K A Maywald) –

      Regulations under the following Act –

                  Liquor Licensing – Dry Areas –

                        Hallet Cove

                        Peterborough

                        Port Adelaide

                        Port Lincoln

                        Christmas and New Year.

 

4       Questions

Questions without notice were asked.

 

5       Grievance debate

On motion of the Speaker, the House noted grievances.

 

6       Select Committee on the Tattooing and Body Piercing Industries - Leave to sit

Mr Rau, by leave, moved - That the Select Committee on the Tattooing and Body Piercing Industries have leave to sit during the sittings of the House for the remainder of the session.

Question put and passed.

 

7       Statutes Amendment (Drink Driving) 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.

New Clauses Nos 5A and 5B inserted.

 

The Minister for Transport, moved on page 3, after line 13, to insert a new clause as follows –

5C—Amendment of section 47DA—Breath testing stations

Section 47DA(3) and (4)—delete subsections (3) and (4)

 

Amendment to amendment

Hon G M Gunn moved to amend the proposed new clause by inserting after the words "delete subsections (3) and (4)"

and substitute:

(3)     If a breath testing station is established in the vicinity of an event being held outside Metropolitan Adelaide for the purpose of enabling alcotests to be conducted in relation to persons who have attended the event—

(a)    signs advising of the establishment of the breath testing station must be displayed in positions where people arriving at the event are likely to see them; and

(b)    a person who attends at the breath testing station and requests an alcotest is entitled to have an alcotest conducted by a member of the police force at the breath testing station (however the person may not submit evidence of the result of such an alcotest in any proceedings for an offence against this Act).

(4)      In subsection (3)—

Metropolitan Adelaide has the same meaning as in the Development Act 1993.

Question – That the amendment to the proposed new clause be agreed to – put and negatived.

 

The Minister for Transport moved to amend the proposed new clause by deleting current subsection (5) and substitute:

 

(5)     If a breath testing station is established in the vicinity of an event being held outside Metropolitan Adelaide for the purpose of enabling alcotests to be conducted in relation to persons who have attended the event signs advising of the establishment of the breath testing station must be displayed in positions where people arriving at the event are likely to see them (however a prosecution for an offence will not fail because of any non-compliance with this subclause).

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

 

New Clause No 5C as amended inserted.

Clause No 6 amended and agreed to.

 

The Minister for Transport, moved on page 4, after line 10, to insert a new clause as follows –

6A—Insertion of section 47EA

Before section 47EA (now to be redesignated as section 47EB) insert:

47EA—Exercise of random testing powers

The following provisions apply in relation to the exercise of random testing powers consisting of the giving of a direction to stop a motor vehicle or the making of a requirement to submit to an alcotest:

(a)     a member of the police force must not give such a direction or make such a requirement unless the member of the police force is in uniform;

(b)     if the member of the police force is driving or riding in or on a vehicle at the time of giving such a direction—the vehicle must be marked as a police vehicle or must be displaying a flashing blue or red light (whether or not it is also displaying other lights) or sounding an alarm;

(c)     a member of the police force must not make such a requirement unless he or she has in his or her possession, or a member of the police force in the immediate vicinity of the place at which the requirement is made has in his or her possession, an apparatus of a kind approved by the Governor for the conduct of alcotests;

(d)     the Commissioner of Police must establish procedures to be followed by members of the police force in the exercise of such powers, being procedures designed to prevent as far as reasonably practicable any undue delay or inconvenience to persons being subjected to the powers.

 

Amendment to amendment

Hon G M Gunn moved to amend the proposed new clause by deleting in proposed new section 47EA(b)— "marked as a police vehicle or must be displaying a flashing blue or red light (whether or not it is also displaying other lights) or sounding an alarm" and substitute:

clearly marked as a police vehicle by words and other markings that are permanently displayed on the exterior of the vehicle

Question – That the amendment to the proposed new clause be agreed to – put and negatived.

 

New Clause No 6A inserted.

Clause No 7 agreed to.

Clause No 8 read.

 

Mr Brokenshire moved on page 6, line 1, to delete "at" first occurring and substitute:

48 hours after

 

 

Amendment, by leave, withdrawn.

 

Clause No 8 otherwise amended and agreed to.

New Clause No 9 inserted.

 

Hon G M Gunn moved to insert a new clause as follows:

10—Amendment of section 53A—Traffic speed analysers

Section 53A—after subsection (2) insert:

(3)         A traffic speed analyser (other than a traffic speed analyser that is mounted in a fixed housing) must not be used to measure the speed of vehicles on a road unless 1 or more signs advising of the use of the traffic speed analyser are displayed in positions where the drivers of vehicles approaching the traffic speed analyser are likely to see them.

 

         To report progress and ask leave to sit again.

 

____________

 

         The House having resumed:

Hon R B Such 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.

 

8       Extension of time for adjournment

Ordered, on motion of the Minister for Transport, that the time for moving the adjournment of the House be extended beyond 10.00 pm.

 

9       Statutes Amendment (Drink Driving) Bill

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

 

In Committee

Proposed new Clause No 10 further considered.

Question – That proposed new Clause No 10 be inserted – put.

 

         Committee divided (No 1):

 

           Ayes, 8

 

           Noes, 29

Mr Brindal

Hon M J Atkinson

Ms Chapman

Ms Bedford

Mr Hanna

Ms Breuer

Hon W A Matthew

Mr Brokenshire

Mrs Penfold

Hon M R Buckby

Mr Venning

Mr Caica

Mr Williams

Ms Ciccarello

Hon G M Gunn (Teller)

Hon I F Evans

 

Hon K O Foley

 

Mrs Geraghty

 

Mr Goldsworthy

 

Mrs Hall

 

Hon J D Hill

 

Hon S W Key

 

Mr Koutsantonis

 

Hon J D Lomax-Smith

 

Hon K A Maywald

 

Hon R J McEwen

 

Dr McFetridge

 

Mr Meier

 

Mr O'Brien

 

Ms Rankine

 

Mr Rau

 

Mrs Redmond

 

Mr Scalzi

 

Mr Snelling

 

Hon L Stevens

 

Hon M J Wright

 

Hon P L White (Teller)

 

         So it passed in the negative.

 

Schedule agreed to.

Title agreed to.

 

____________

 

         The House having resumed:

Hon R B Such reported that the Committee had considered the Bill referred to it and had agreed to the same with amendments.

 

The Minister for Transport moved - That this Bill be now read a third time.

Debate ensued.

Question put.

 

         Bill read a third time and passed.

 

10      Postponement of business

Ordered - That Order of the Day: Government Business No 2 be postponed and taken into consideration after Order of the Day: Government Business No 3.

 

11      Environment Protection (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.

Ordered, on motion of Hon G M Gunn, by leave, that the debate be further adjourned until tomorrow.

 

12      Adjournment

House adjourned at 11.59 pm until tomorrow at 2.00 pm.

 

 

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MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

            For Wednesday 9 February 2005

 

Notices of Motion: Government Business -

 

The Minister for Energy to move - That he have leave to introduce a Bill for an Act to amend the National Electricity (South Australia) Act 1996.

 

Notice of Motion: Private Members Business Bills/ Committees/ Regulations -

 

Mrs Penfold to move – That she have leave to introduce a Bill for an Act to amend The Standard Time Act 1898.

 

            For Thursday 10 February 2005

 

Notices of Motion: Other Motion -

 

Hon R B Such to move – That this House calls on the State and Federal Governments to ensure that suitably qualified local students get the opportunity to train in various professions, including medicine, nursing, dentistry and pharmacy.

 

Ms Ciccarello to move – That this House congratulates the organisers, sponsors, supporters and in particular, the participants from Australia and countries across the world, who contributed to the success of this year's Jacobs Creek Tour Down Under.

 

Hon R B Such to move – That this House calls on the State and Federal Governments to increase the number of apprentices and trainees in areas where there is a clear shortage of technicians and tradespeople.

 

Hon R B Such to move – This House calls on the Federal Government to review its policy on the Higher Education Contribution Scheme with a view to its reduction and eventual phasing out.

 

            For Wednesday 16 February 2005

 

Notice of Motion: Private Members Business Bills/ Committees/ Regulations -

 

Hon R B Such to move – That he have leave to introduce a Bill for an Act to provide for the administration of medical procedures to assist the death of patients who are hopelessly ill, and who have expressed a desire for the procedures subject to appropriate safeguards.

 

            For Thursday 17 February 2005

 

Notices of Motion: Other Motion -

 

Mr Hamilton-Smith to move – That this House congratulates the State Opera of South Australia for its outstanding production of "Der Ring des Nibelungen" by Richard Wagner, and in particular, General Director - Stephen Phillips, Corporate Sponsor - United Utilities Australia, Conductor - Asher Fisch, Director - Elke Neidhardt, Set Designer - Michael Scott-Mitchell, Lighting Designer & Associate Set Designer - Nick Schlieper, Costume Designer - Stephen Curtis, the Adelaide Symphony Orchestra and all of the artists, performers, crew and donors for their contribution to the success of this production.

 

Mr Caica to move – That this House congratulates former South Australian Sports Institute Scholarship holders Alicia Molik and Lleyton Hewitt on their outstanding performances at the Australian Tennis Open last month.

 

____________

 

 

Present during the day - All Members except Hon D C Kotz, Ms Thompson.

 

 

 

 

 

                                                                                                                        Peter Lewis

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY