No 29

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

WEDNESDAY 21 AUGUST 2002

 

 

1       Meeting of House

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

 

2       Petitions Nos 27 and 28

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

 

27   Hon D C Kotz, from 930 electors of South Australia, requesting that the House not support legislation which may seek to extend shop trading hours.

 

28   Mrs Maywald, from 36 residents of South Australia, requesting the House to reject voluntary euthanasia legislation, ensure medical staff in hospitals receive proper palliative care training and provide adequate funding for the palliative care of terminally ill patients.

 

3       Legislative Review Committee - Reports – Nine and Ten

Mr Hanna brought up the Ninth Report of the Legislative Review Committee.

 

Report received and read as follows:

 

The Regulations listed hereunder are at present being considered by the Legislative Review Committee. Evidence is being taken on these matters and it is necessary for Notices of Motion for Disallowance to be given in both Houses before the expiration of 14 sitting days to allow the Committee time to complete its deliberations.

 

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

 

Regulations referred to:

               Fisheries Act 1982 – Regulations – Fishing Activities

 

By-law referred to:

               Local Government Act 1999 – City of Onkaparinga – By-law No 6 - Foreshore.

 

Mr Hanna brought up the Tenth Report of the Committee.

 

Report received.

 

4       Questions

Questions without notice were asked.

 


5       Member named

The Speaker named the Member for Unley (Mr Brindal) for refusing to accept the authority of the Chair.

 

Member's explanation

The Honourable Member having made an explanation:

Minister for Government Enterprises (Hon P F Conlon) moved - That the explanation not be accepted.

Question put and passed.

 

Mr Brindal then withdrawing from the Chamber: the Speaker named the Member again for having used unparliamentary language and refusing to either explain or withdraw.

 

Member suspended

The Minister for Government Enterprises moved - That the Member for Unley be suspended from the service of the House.

Question put and passed.

The Speaker stated that he would ignore the second naming for the meanwhile.

 

6       Questions

Questions (interrupted by the foregoing) resumed.

 

7       Speaker's Statement – Unparliamentary Language of Member for Unley

The Speaker stated that , pursuant to Standing Order 137, upon his return to the Chamber tomorrow the Member for Unley would need to apologise for his use of unparliamentary language or the naming would be proceeded with.

 

8       Grievance debate

On motion of the Speaker, the House noted grievances.

 

9       Waterworks (Council Roadwork) Amendment Bill

Mr McEwen, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Waterworks Act 1932.

Question put and passed.

         Bill presented and read a first time.

 

         Mr McEwen moved - That this Bill be now read a second time.

         Ordered, on motion of Mrs Geraghty, that the debate be adjourned until Wednesday 28 August.

 

10      Gene Technology (Temporary Prohibition) Bill

Mr McEwen, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to provide for the preservation of the State as an area free from certain genetically modified organisms in order to preserve the identity of non-GM crops for marketing purposes.

Question put and passed.

         Bill presented and read a first time.

 

         Mr McEwen moved - That this Bill be now read a second time.

         Ordered, on motion of Mrs Geraghty, that the debate be adjourned until Wednesday 28 August.

 

11      Postponement of business

Ordered, separately - That Notices of Motion: Private Members Bills/Committees/Regulations Nos 3 to 7 be postponed until Wednesday 28 August.

 


12      Select Committee on the Future Development of Wardang Island - Motion re

Mrs Hall, pursuant to notice, moved - That this House establish a Select Committee to –

(a)   assess and report on the factors that have impeded progress in providing employment and investment opportunities that benefit the traditional owners of Wardang Island;

(b)   support the Aboriginal communities in resolving ownership and native title claims within agreed timeframes; and

(c)   work in co-operation with the District Council of Yorke Peninsula to prepare an appropriate future development plan to allow Wardang Island to become a unique eco-tourism destination for South Australia.

         Debate ensued.

         Ordered, on motion of Mrs Geraghty, that the debate be adjourned until Thursday 17 October.

 

13      Public Works Committee – Report – Torrens Parade Ground - Motion to note

         Mr Caica, pursuant to notice, moved - That the 180th Report of the Public Works Committee on the Torrens Parade Ground be noted.

         Question put and passed.

 

14      Public Works Committee – Report – Mawson Lakes School - Permanent Facilities - Motion to note

         Mr Caica, pursuant to notice, moved - That the 181st Report of the Public Works Committee on the Mawson Lakes School – Permanent Facilities be noted.

         Debate ensued.

         Question put and passed.

 

15      Environment, Resources and Development Committee - Report – Annual Report 2001-2002 - Motion to note

Ms Breuer, pursuant to notice, moved - That the 47th Report of the Environment, Resources and Development Committee, being the Annual Report 2001-2002, be noted.

Question put and passed.

 

16      Postponement of business

Ordered - That Orders of the Day: Private Members Bills/Committees/Regulations Nos 1 to 5 be postponed and taken into consideration after Order of the Day:  Private Members Bills/Committees/Regulations No 6.

 

17      Statutes Amendment (Equal Superannuation Entitlements for Same Sex Couples) Bill

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

Debate resumed.

____________

 

The time for the consideration of Private Members Business having expired, Notices of Motion: Government Business were called on.

____________

 

18      Stamp Duties (Gaming Machine Surcharge) Amendment Bill

The Deputy Premier, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Stamp Duties Act 1923.

Question put and passed.

 

         Bill presented and read a first time.

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

         Ordered, on motion of Mr Hamilton-Smith, that the debate be adjourned until tomorrow.

 

19      Shop Trading Hours (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.


 

20      Extension of time for adjournment

Ordered, on motion of the Minister for Transport (Hon M J Wright) - That the time for moving the adjournment of the House be extended beyond 10.00 pm.

 

21      Shop Trading Hours (Miscellaneous) Amendment Bill

Debate (interrupted by the foregoing) resumed.

 

22      Suspension of Standing Orders

The Minister for 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.

____________

 

It being Midnight

Thursday 22 August

____________

 

23      Shop Trading Hours (Miscellaneous) Amendment Bill

Debate (interrupted by the foregoing) resumed.

         Question put and passed.

 

         Bill read a second time.

 

         Suspension of Standing Orders

Hon R B Such, without notice, moved - That Standing Orders be so far suspended as to enable him to move an instruction to the Committee without notice.

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

 

Instruction to the Committee

Hon R B Such then moved – That it be an instruction to the Committee of the whole House on the Shop Trading Hours (Miscellaneous) Amendment Bill that it have power to consider a new clauses relating to amendment of the Industrial and Employee Relations Act 1994 and review of the operations of this Act.

Question put and passed.

 

In Committee

                                                            Clause No 1 agreed to.

                                                            Clause No 2 read.

 

Hon I F Evans moved on page 3, line 6, after the word “proclamation” to insert the words “(but not before 1 July 2003)”

Question – That the amendment be agreed to – put.


 

         Committee divided (No 1):

 

           Ayes, 15

 

           Noes, 20

Hon M R Buckby

Hon M J Atkinson

Ms Chapman

Ms Bedford

Hon I F Evans (Teller)

Ms Breuer

Mr Goldsworthy

Mr Caica

Mrs Hall

Ms Ciccarello

Mr Hamilton-Smith

Hon P F Conlon

Hon D C Kotz

Mrs Geraghty

Hon W A Matthew

Mr Hanna

Dr McFetridge

Hon J D Hill

Mr Meier

Hon S W Key

Mrs Penfold

Mr Koutsantonis

Mrs Redmond

Hon J D Lomax-Smith

Mr Scalzi

Ms Rankine

Mr Venning

Mr Rau

Mr Williams

Mr Snelling

 

Hon L Stevens

 

Hon R B Such

 

Hon J W Weatherill

 

Hon P L White

 

Hon M J Wright (Teller)

 

         So it passed in the negative.

 

                                                   Clause agreed to.

                                                   New clause No 2A inserted.

                                                   Clause No 3 agreed to.

                                                   Clause No 4 read.

 

Hon R B Such moved on page 5, lines 11 to 13, to leave out all words in these lines.

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

 

Hon I F Evans moved on page 6, line 13, to leave out all words in this line and insert in lieu thereof:

            “Maximum penalty:$20 000.”

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

 

                                                   Clause agreed to.

                                                   Clauses Nos 5 to 9 agreed to.

                                                   Clause No 10 read.

 

Hon R B Such moved on page 8, lines 32 to 36 (inclusive) and page 9, lines 1 to 21 (inclusive), to leave out all words in these lines and insert in lieu thereof:

      “(1) Subject to this section, the shopkeeper of a shop situated in the Greater Adelaide Shopping District may open the shop on any day during the hours specified by the shopkeeper   for that day in a notice, in writing, given to the Minister in accordance with subsection (2).

      (2) A notice referred to in subsection (1) relating to a shop—

(a)  must specify the hours during which the shop will be open on days during a period of not less than seven days; and

(b)  must not specify that the shop will be open for more than 80 hours during any period of seven days to which the notice relates; and

(c)  must be given to the Minister not less than two weeks before the commencement of the period to which the notice relates.

(3) A shopkeeper who has given the Minister a notice referred to in subsection (1) in relation to a shop must display, at or near any entrance to the shop that is used by members of the public, a notice in a form prescribed by regulation, specifying the hours during which the shop may be open on any day in accordance with the notice.

Maximum penalty:$5 000.”;

 

on page 9, line 33, to leave out "subsections (1), (2) or (3)" and insert in lieu thereof “subsection (1)”;

 

on page 9, line 35, to leave out "subsections (1) and (2)" and insert in lieu thereof “subsection (1)”;

 

on page 10, lines 1 to 5 (inclusive), to leave out all words in these lines and insert in lieu thereof:

      “(h)    by striking out subsection (5e) and substituting the following subsection:

               (5e) Subject to this section, the shopkeeper of a shop situated in a shopping district the business of which is the retail sale of—

(a)         hardware or building materials; or

(b)         furniture; or

(c)         floor coverings; or

(d)         motor vehicle parts and accessories; or

(e)         electrical goods (including computers and other electronic equipment),

may —

(f)          if the shop is situated in a shopping district outside the Greater Adelaide Shopping District—in addition to the hours prescribed by subsection (5), open the shop from 9.00 a.m. until 5.00 p.m. on a Sunday or public holiday (but not on Good Friday or Christmas Day); or

(g)         if the shop is situated in the Greater Adelaide Shopping District and the shopkeeper has, in a notice referred to in subsection (1), specified that the shop will be open during specified hours on a public holiday—open the shop during the specified hours on that public holiday (but not on Good Friday or Christmas Day);

 

on page 10, lines 16, 17 and 18, to leave out all words in these lines and insert in lieu thereof:

      “(8) However, nothing in subsection (7) prevents the shopkeeper of a shop situated in the Greater Adelaide Shopping District from opening the shop on the day after Good Friday in each year.”

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

 

Hon R B Such, by leave, then moved the following amendments together:

 

On page 9, line 17, to leave out "year." and insert in lieu thereof “year; and”

 

On page 9, after line 17, insert:

“(iii)       on not more than 10 other Sundays in each calendar year.”

 

On page 9, line 21, after "year" insert in lieu thereof:

      “(and that day will not be counted for the purposes of subsection (2)(c)(iii))”

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

 

                                                   Clause agreed to.

                                                   Clauses Nos 11 to 18 agreed to.

 

Hon R B Such, moved to insert new clause 18A as follows:

 

Amendment of Industrial and Employee Relations Act 1994

      18A. The Industrial and Employee Relations Act 1994 is amended by inserting after subsection (7) of section 90 the following subsection:

 

      (8) If the Commission makes an award about remuneration for persons employed in a shop (within the meaning of the Shop Trading Hours Act 1977), the award must not prescribe, in relation to employees who are normally required to work on a Sunday, payments in the nature of loadings or penalties for work on a Sunday (but the award may, in relation to such employees, fix a higher hourly rate of remuneration than that fixed for employees who are not normally required to work on a Sunday).”

Question – That new clause 18A be agreed to – put and negatived.

 

                                                   Clause No 19 agreed to.

                                                   Title agreed to.

 

____________

 

         The House having resumed:

Ms Thompson 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.

 

24      Adjournment

House adjourned at 3.53 am until today at 10.30 am.

 

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MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

            For Thursday 22 August 2002

 

Notices of Motion: Government Business -

 

The Deputy Premier to move – That he have leave to introduce a Bill for an Act to amend the Public Finance and Audit Act 1987.

 

The Deputy Premier to move – That he have leave to introduce a Bill for an Act to amend. the Financial Sector (Transfer of Business) Act 1999, the First Home Owner Grant Act 2000, the Pay-roll Tax Act 1971, the Petroleum Products Regulation Act 1995, the Stamp Duties Act 1923 and the Taxation Administration Act 1996.

 

 

For Wednesday 28 August 2002

 

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

 

Mr Hanna to move – That By-law No 6 of the City of Onkaparinga relating to the Foreshore made on 18 June 2002 and laid on the table of this House on 10 July 2002, be disallowed.

 

Mr Hanna to move – That the Regulations under the Fisheries Act 1982 relating to Fishing Activities, made on 20 June 2002 and laid on the table of this House on 9 July 2002, be disallowed.

 

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Present during the day - All Members.

 

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

 

         Division No 1 -

               Ayes -Hon K O Foley, Hon I P Lewis, Mr O’Brien and Hon M D Rann.

               Noes -Mr Brokenshire, Hon D C Brown, Hon R G Kerin, Hon R B Such.

 

 

 

 

 

                                                                                                                        Peter Lewis

                                                                                                                        SPEAKER

 

David A Bridges

ACTING CLERK OF THE HOUSE OF ASSEMBLY