No 30

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

TUESDAY 17 FEBRUARY 2004

 

 

1       Meeting of House

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

 

2        Messages from the Governor

The following Messages from the Governor were received and read:

 

Assent to Bills                                                                                         Message No 10

The Governor informs the House of Assembly that, in the name and on behalf of Her Majesty the Queen, the following Acts were assented to during the third Session of the 50th Parliament, viz.-

No 53 of 2003 -         An Act to amend the Expiation of Offences Act 1996, the Road Traffic Act 1961 and the Summary Procedure Act 1921.

No 54 of 2003 -         An Act to amend the Passenger Transport Act 1994 and to make related amendments to the Road Traffic Act 1961 and the Superannuation Act 1988.

No 55 of 2003 -         An Act to amend the Legal Practitioners Act 1981.

No 56 of 2003 -         An Act to amend the Summary Offences Act 1953.

No 57 of 2003 -         An Act to amend the Country Fires Act 1989 and the South Australian Metropolitan Fire Service Act 1936.

No 58 of 2003 -         An Act to amend the National Environment Protection Council (South Australia) Act 1995.

No 59 of 2003 -         An Act to amend the Southern State Superannuation Act 1994 and to repeal the Superannuation (Visiting Medical Officers) Act 1993.

No 60 of 2003 -         An Act to amend the Criminal Law Consolidation Act 1935 and to make related amendments to the Criminal Law (Sentencing) Act 1988.

No 61 of 2003 -         An Act to amend the Survey Act 1992.

No 62 of 2003 -         An Act to amend the Highways Act 1926; and to make related amendments to the Local Government Act 1999.

No 63 of 2003 -         An Act to amend the National Parks and Wildlife Act 1972.

Government House, 17 February 2004                                M Jackson-Nelson, GOVERNOR

 

Supply Bill - Recommending                                                                  Message No 11

The Governor recommends to the House of Assembly the appropriation of such amounts of money as may be required for the purposes mentioned in the Supply Bill 2004.

Government House, 17 February 2004                                M Jackson-Nelson, GOVERNOR

 

Statutes Amendment (Miscellaneous Superannuation Measures) Bill - Recommending                                                                                                               Message No 12

The Governor recommends to the House of Assembly the appropriation of such amounts of money as may be required for the purposes mentioned in the Statutes Amendment (Miscellaneous Superannuation Measures) Bill 2004.

Government House, 17 February 2004                                M Jackson-Nelson, GOVERNOR

 

 

3       Petitions Nos 40 and 41

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

 

40   Dr McFetridge, from 7415 residents of South Australia, requesting the House to do all in its power to ensure that the proposal as contained in an Amended Development Report for the development of Stage 2B of the Holdfast Shores Project on the Glenelg Foreshore (which includes a residential apartment building on the site of the Glenelg Surf Life Saving Club) is rejected.

 

41   Mr Brokenshire, from 22 members of the South Australian Community, requesting the House to urge the Government to continue to recruit extra police officers over and above recruitment at attrition in order to increase police officer numbers.

 

4       Answers to questions

Answers to questions on the Notice Paper Nos 24, 113, 188, 195 and 197 and questions without notice were tabled by the Speaker.

 

5       Papers

         The following Papers were tabled:

 

By the Treasurer (Hon K O Foley) –

      Final Budget Outcome 2002-2003

 

      Regulations under the following Acts –

               Judges Pensions – Non-Member Spouse Entitlement

               Police Superannuation – Non-Member Spouse Entitlement

               Public Corporations –

                           Austrics Dissolution

                           SA Infrastructure Corporation

               Superannuation – Non-Member Spouse Entitlement

 

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

      Regulations under the following Acts –

               Gas – Rationing

               National Electricity (South Australia Act) – Penalty

 

By the Minister for Emergency Services (Hon P F Conlon) –

      Regulations under the following Act –

               Country Fires – Bushfire Summit Recommendations

 

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

      Courts Administration Authority – Report 2002-2003

      Legal Practitioners Disciplinary Tribunal – Report 2002-2003

 

      Regulations under the following Acts –

               Criminal Law (Forensic Procedures) – Variation

               Juries - Remuneration

               Legal Practitioners – Fees

               Parliamentary Superannuation – Non-Member Spouse Entitlement

               Southern State Superannuation – Non-Member Spouse Entitlement

               Victims of Crime - Compensation

 

      Rules of Court –

               Administration and Probate – Probate Rules –Amendment No 1- Affidavits

               District Court –Amendment No 43-Mediation

               Magistrates Court – Amendment  - Correction of Numbering Error

               Supreme Court –Amendment No 92 – Affidavits and Errors Corrected

 

 

By the Minister for Justice (Hon M J Atkinson) –

      Juvenile Justice Advisory Committee – Report 2002-2003

 

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

      Regulations under the following Acts –

               Liquor Licensing –

                           Blackfriars Priory School Exemption

                           Long Term Dry Areas –

                                       Millicent

                                       Port Augusta

                           Short Term Dry Areas –

                                       Alexandrina Council, Glenelg

                                       Beachport

Peterborough

                                       Robe

               Plumbers, Gas Fitters and Electricians – Exemptions

               Retail and Commercial Leases – Minimum Term Variation

 

By the Minister for Health (Hon L Stevens) –

      Ceduna/Koonibba Aboriginal Health Service Inc

      Controlled Substances Advisory Council – Report 2002-2003

      Drug and Alcohol Services Council – Report 2002-2003

      Hills Mallee Southern Regional Health Service – Report 2002-2003

Human Services, Department of – Pursuant to Public and Environmental Health Act – Report 2002-2003

      Julia Farr Services – Report 2002-2003

      Mount Gambier and Districts Health Service Inc – Report 2002-2003

      Noarlunga Health Services –

            Financial and Business Statements – Report 2002-2003

            Report 2002-2003

      Royal Adelaide Hospital – Report 2002-2003

      Wakefield Regional Health Service Inc – Report 2002-2003

 

      Regulations under the following Acts –

               Prohibition of Human Cloning – Warrants and Compensation 

               Reproductive Technology (Clinical Practices) –

                           Ethical Clinical Practice Code

                           Revocation of 1995 Research Code

               Research Involving Embryos – Warrants, Compensation and Research 

 

By the Minister for Education and Children’s Services (Hon P L White) –

      Regulations under the following Acts –

               Senior Secondary Assessment Board of South Australia – Subjects and Fees

 

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

      Regulations under the following Acts –

               Prevention of Cruelty to Animals – Dog Tail Docking

               Radiation Protection and Control – Transport

 

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

      Regulations under the following Acts –

               Motor Vehicles –

                           SAPOL Motorcycles

                           Testing and Demerit Points

               Passenger Transport –

                           Conduct of Passengers

                           Fares and Charges

                           Minister Replaces Board

               Road Traffic – Photographic Detection Devices

 

By the Minister for Industrial Relations (Hon M J Wright) –

      Industrial Relations Commission of South Australia – Guide for Unfair Dismissal Matters

 

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

      Apiary Industry Advisory Group, South Australian – Report 2002-2003

      Pig Industry Advisory Group, South Australian – Report 2002-2003

     

      Regulations under the following Acts –

               Fisheries – Rock Lobster Northern Zone, Clarification of Quota

Livestock – Cattle Identification

               Meat Hygiene – Food Standards Code

 

By the Minister for Urban Development and Planning (Hon J W Weatherill) –

      Regulations under the following Act –

               Development – Swimming Pools

 

By the Minister for Gambling (Hon J W Weatherill) –

Independent Gambling Authority, Inquiry concerning advertising and responsible gambling codes of practice, First Supplementary Report – December 2003

 

      Regulations under the following Act –

               Lottery and Gaming – Instant Lottery

 

By the Minister for Administrative Services (Hon J W Weatherill) –

      Regulations under the following Act –

               Rates and Land Tax Remission – Maximum Remission

 

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

      Local Council By-Laws –

               Port Pirie Regional Council

                           No 1 –Permits and Penalties

                           No 2 – Moveable Signs

                           No 4 – Roads.

 

6       Questions

Questions without notice were asked.

 

7       Grievance debate

On motion of the Speaker, the House noted grievances.

 

8       Pastoral Land Management and Conservation (Indigenous Land Use Agreements) Amendment Bill

The Attorney-General, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Pastoral Land Management and Conservation Act 1989.

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 Brokenshire, that the debate be adjourned until tomorrow.

 

9       Problem Gambling Family Protection Orders Bill

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

Debate resumed.

         Question put and passed.

 

         Bill read a second time.

 

In Committee

Clauses Nos 1 and 2 agreed to.

Clause No 3 read.

Ms Chapman moved on page 3, to delete lines 7 and 8.

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

Clause No 3 agreed to.

Clauses Nos 4 to 17 agreed to.

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 without amendment.

 

Bill read a third time and passed.

 

10      Postponement of business

Ordered, severally - That Orders of the Day: Government Business Nos 2 and 3 be postponed and taken into consideration after Order of the Day: Government Business No 4.

 

11      Summary Offences (Consumption of Dogs and Cats) Amendment Bill

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

Debate resumed.

         Question put.

 

         House divided:

 

           Ayes, 40

           Noes, 3

 

Ms Bedford

Mr Brindal

Ms Breuer

Mr Williams

Mr Brokenshire

Mr Hanna (Teller)

Hon M R Buckby

 

Mr Caica

 

Ms Chapman

 

Ms Ciccarello

 

Hon P F Conlon

 

Hon I F Evans

 

Hon K O Foley

 

Mr Goldsworthy

 

Hon G M Gunn

 

Mrs Hall

 

Mr Hamilton-Smith

 

Hon J D Hill

 

Hon R G Kerin

 

Hon S W Key

 

Hon D C Kotz

 

Mr Koutsantonis

 

Hon J D Lomax-Smith

 

Mrs Maywald

 

Hon R J McEwen

 

Dr McFetridge

 

Mr Meier

 

Mr O'Brien

 

Mrs Penfold

 

Ms Rankine

 

Hon M D Rann

 

Mr Rau

 

Mrs Redmond

 

Mr Scalzi

 

Mr Snelling

 

Hon L Stevens

 

Hon R B Such

 

Ms Thompson

 

Mr Venning

 

Hon J W Weatherill

 

Hon P L White

 

Hon M J Wright

 

Hon M J Atkinson (Teller)

 

 

         So it was resolved in the affirmative.

         Bill read a second time.

 

In Committee

Clauses Nos 1 to 4 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 without amendment.

 

Bill read a third time and passed.

 

12      Adjournment

The Attorney-General moved - That the House do now adjourn.

Debate ensued.

Question put and passed.

House adjourned at 9.22 pm until tomorrow at 2.00 pm.

 

 

____________

 

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

            For Wednesday 18 February 2004

 

Notice of Motion: Government Business -

 

The Minister for Environment and Conservation to move – That he have leave to introduce a Bill for an Act to promote sustainable and integrated management of the State’s natural resources; to make provision for the protection of the State’s natural resources; to make amendments to the Crown Lands Act 1929, the Dog and Cat Management Act 1995, the Dog Fence Act 1946, the Environment Protection Act 1993, the Ground Water (Qualco-Sunlands) Control Act 2000, the Local Government Act 1934, the Mining Act 1971, the National Parks and Wildlife Act 1972, the Native Vegetation Act 1991, the Parliamentary Committees Act 1991, the Pastoral Land Management and Conservation Act 1989, the Petroleum Act 2000, the River Murray Act 2003, the South Eastern Water Conservation and Drainage Act 1992 and the Subordinate Legislation Act 1978; to repeal the Animal and Plant Control (Agricultural Protection and Other Purposes) Act 1986, the Soil Conservation and Land Care Act 1989 and the Water Resources Act 1997; and for other purposes.

 

            For Thursday 19 February 2004

 

Notice of Motion: Other Motions -

 

Ms Thompson to move – That this House condemns the inadequacy of Commonwealth funding for public education in South Australia.

 

            For Thursday 26 February 2004

 

Notice of Motion: Other Motions -

 

Ms Rankine to move – That this House recognises the important contribution of South Australian public schools in teaching their students important and diverse values and strongly rejects the views of the Prime Minister that public schools are too politically correct and value neutral.

 

 

            For Thursday 25 March 2004

 

Notices of Motion: Other Motions -

 

Mr Rau to move – That this House calls upon the Federal Treasurer to support the Barley Single desk rather than penalising South Australia through the withdrawal of National Competition Payments.

 

Ms Bedford to move – That this House recognises the continuing role of the South Australian Women’s Memorial Playing Field Trust in the commemoration of Bangka Day and commends the Trust for its service to and promotion of women’s sport.

 

____________

 

 

Present during the day - All Members except Mrs Geraghty.

 

 

 

 

 

                                                                                                                        Peter Lewis

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY