No 30

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

WEDNESDAY 9 FEBRUARY 2005

 

 

1       Meeting of House

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

 

2       Petition No 43

         The Clerk announced that the following Member had lodged a Petition for presentation:

 

43   Hon D C Brown, from 1058 residents of South Australia, requesting the House to legalise Altruistic Gestational Surrogacy to be performed in our reproductive medicine units and to recognise the genetic parents on birth certificates.

 

3       Papers

         The Speaker laid on the Table the following Paper:

 

City of Victor Harbor – Report 2003-2004 – Pursuant to Section 131 of the Local Government Act 1999.

 

         The following Papers were tabled:

 

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

      Justice, Department of (incorporating the Attorney-General's Annual Report) – Report 2003-2004

 

By the Minister for Health (Hon L Stevens) –

      Medical Board of South Australia – Report 2003-2004

 

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

               Ministerial Statement – Community Corrections

 

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

      Gaming Machines Act 1992 – Game Approval (Gaming Machines)(No. 1) Guidelines 2003

 

By the Minister for Agriculture, Food and Fisheries (Hon R J McEwen) -

               Sheep Industry, South Australian, 10 Year Strategic Plan

               Pork Industry, South Australian, Strategic Plan for 2010

               Dairy industry, South Australian, Strategic Plan for 2010

               Beef Industry Strategy 2005-2015

               Goat Industry, South Australian, Strategic Plan to 2010

Wine - South Australia: A Partnership 2005 – 2010

 

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

      Rules –

Local Government – Local Government Superannuation Scheme – Term Allocated Pension.

 

4       Legislative Review Committee - Reports – Twelfth and Thirteenth

 

Twelfth Report

Mr Hanna brought up the 12th Report of the Committee.

Report received.

 

Thirteenth Report

Mr Hanna brought up the 13th Report of the 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 a Notice 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:

South Australian Health Commission Act 1976 – Non-Medicare Patients

Road Traffic Act 1961 –

      Australian Road Rules

      Crash Reports

      Alcotest Analysis

Motor Vehicles Act 1959 – Demerit Points

Superannuation Act 1988 – Contracts without Tenure

Local Government Act 1999 – Rules – Portability.

 

5       Questions

Questions without notice were asked.

 

6       Grievance debate

On motion of the Speaker, the House noted grievances.

 

7       Postponement of business

Ordered - That Notices of Motion: Private Members Bills/Committees/Regulations Nos 1 to 3 be postponed until 16 February.

 

8       Postponement of business

Ordered - That Notice of Motion: Private Members Bills/Committees/Regulations No 4 be postponed until 2 March.

 

9       The Standard Time (True Central Standard Time) Amendment Bill

Mrs Penfold, pursuant to notice, moved - That she have leave to introduce a Bill for an Act to amend The Standard Time Act 1898.

Question put and passed.

         Bill presented and read a first time.

 

         Mrs Penfold moved - That this Bill be now read a second time.

         Ordered, on motion of Mrs Geraghty, that the debate be adjourned until 16 February.

 

10      Select Committee on Nurse Training and Education

Order of the Day read for the Report of the Select Committee on Nurse Training and Education to be brought up.

 

Extension of time for bringing up Report

Hon R B Such, moved - That the time for bringing up the Report be extended until Wednesday 6 April.

Question put and passed.

 

11      Select Committee on the Tattooing and Body Piercing Industries

Order of the Day read for the Report of the Select Committee on the Tattooing and Body Piercing Industries be brought up.

 

Extension of time for bringing up Report

Mrs Geraghty, moved - That the time for bringing up the Report be extended until Wednesday 4 May.

Question put and passed.

 

12      Postponement of business

Ordered - That Orders of the Day: Private Members Bills/Committees/Regulations Nos 3 and 4 be postponed until 16 February.

 

13      Occupational Safety, Rehabilitation and Compensation Committee - Report – Annual Report 2003-04 - Motion to note

Order of the Day read for the adjourned debate on the motion - That the Annual Report 2003-04 of the Parliamentary Committee on Occupational Safety, Rehabilitation and Compensation be noted.

Question put and passed.

 

14      Road Traffic (Drug Tests) 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 Mrs Geraghty, that the debate be further adjourned until 2 March.

 

15      Social Development Committee - Report – Postnatal Depression Inquiry - Motion to note

Order of the Day read for the adjourned debate on the motion - That the Twentieth Report of the Social Development Committee entitled Postnatal Depression Inquiry be noted.

Debated ensued.

Question put and passed.

 

16      Shop Trading Hours (Tourist Precincts) 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 Mrs Geraghty, that the debate be further adjourned until Wednesday 16 February.

 

17      Constitution (Basic Democratic Principles) 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 Mrs Geraghty, that the debate be further adjourned until Wednesday 16 February.

 

18      Postponement of business

Ordered, separately and severally - That Orders of the Day: Private Members Bills/Committees/Regulations Nos 10 to 32 be postponed until Wednesday 16 February.

 

19      National Electricity (South Australia) (New National Electricity Law) Amendment Bill

The Minister for Environment and Conservation, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the National Electricity (South Australia) Act 1996.

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.

 

20      Coongie Lakes National Park - Motion re

The Minister for Environment and Conservation, pursuant to notice, moved - That this House requests Her Excellency the Governor to make a proclamation under section 34A(2) and section 28(1) of the National Parks and Wildlife Act 1972 –

(a)           excluding Allotment 100 of Plan No. DP 63648, Out of Hundreds (Innamincka), accepted for deposit in the Lands Titles Registration Office at Adelaide, from the Innamincka Regional Reserve; and

(b)           constituting that excluded land as a National Park with the name Coongie Lakes National Park.    

         Debate ensued.

         Question put and passed.

 

21      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.

 

22      Extension of time for adjournment

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

 

23      Environment Protection (Miscellaneous) Amendment Bill

Debate (interrupted by the foregoing) resumed.

         Question put and passed.

 

         Bill read a second time.

 

In Committee

Clauses Nos 1 to 4 agreed to.

Clauses Nos 5 and 6 amended and agreed to.

New Clause No 6A inserted.

Clause No 7 read.

 

Mr Hanna moved on page 6, to delete clause 7 and substitute:

7—Amendment of section 7—Interaction with other Acts

(1)  Section 7(3)(c)—delete paragraph (c)

(2)  Section 7(4)—delete subsection (4) and substitute:

(4)  This Act does not apply in relation to petroleum exploration activity undertaken under the Petroleum Act 2000 or the Petroleum (Submerged Lands) Act 1982.

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

 

Clause No 7 agreed to.

Clauses Nos 8 to 10 agreed to.

 

Hon G M Gunn moved on page 6, after line 22, to insert a new clause as follows:

 

10A—Amendment of section 11—Establishment of Authority

Section 11(4)—delete subsection (4) and substitute:

(4)       In the exercise of its powers, functions or duties, the Authority is subject to the direction of the Minister (except in relation to the making of a recommendation or report to the Minister).

Question – That the proposed new clause be inserted – put and negatived.

 

Clause No 11 agreed to.

Clause No 12 read.

 

Mr Hanna moved on page 6, line 27, after "subsection (7)" insert:

and substitute:

(7)      Of the persons appointed to the Board by the Governor—

(a)           one will be appointed as the presiding member of the Board; and

(b)           one will be appointed as the deputy presiding member of the Board.

(7a)    The presiding member and deputy presiding member must have qualifications and experience relevant to environmental protection and management or natural resources management that are, in the opinion of the Governor, appropriate to the presiding member's functions and duties under this Act.

Question – That the amendment be agreed to – put.

 

         Committee divided (No 1):

 

           Ayes, 20

 

           Noes, 21

Mr Brindal

Hon M J Atkinson

Mr Brokenshire

Ms Bedford

Hon D C Brown

Ms Breuer

Hon M R Buckby

Mr Caica

Ms Chapman

Ms Ciccarello

Hon I F Evans

Hon P F Conlon

Hon G M Gunn

Hon K O Foley

Mrs Hall

Mrs Geraghty

Mr Hamilton-Smith

Hon S W Key

Hon R G Kerin

Mr Koutsantonis

Hon I P Lewis

Hon J D Lomax-Smith

Hon W A Matthew

Hon K A  Maywald

Dr McFetridge

Hon R J McEwen

Mr Meier

Mr O'Brien

Mrs Penfold

Ms Rankine

Mrs Redmond

Mr Rau

Mr Scalzi

Ms Thompson

Mr Venning

Hon J W Weatherill

Mr Williams

Hon P L White

Mr Hanna (Teller)

Hon M J Wright

 

Hon J D Hill (Teller)

 

         So it passed in the negative.

 

Clause No 12 agreed to.

Clause No 13 read.

 

         To report progress and ask leave to sit again.

 

____________

 

         The House having resumed:

Mr Snelling 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 tomorrow.

 

24      Adjournment

House adjourned at 11.51 pm until tomorrow at 10.30 am.

 

 

____________

 

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

            For Thursday 10 February 2005

 

Notice of Motion: Government Business -

 

The Minister for Transport to move – That she have leave to introduce a Bill for an Act to amend the Motor Vehicles Act 1959; and to make related amendments to the Road Traffic Act 1961.

 

 

 

 

Notices of Motion: Other Motions -

 

Hon R B Such to move – This House requests the State Government to undertake a comprehensive review of services and facilities for young people, and appropriate follow up action, with a view to ensuring that young people are treated equitably.

 

Hon R B Such to move – This House calls on the State Government to introduce technology high schools as an addition to existing vocational education and training programs in schools.

 

Hon R B Such to move – This House calls on the State and Federal Governments to give greater attention to the research and promotion of men's health issues, including prostate cancer awareness, in parallel with a focus on women's health issues.

 

 

            For Wednesday 16 February 2005

 

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

 

Mr Hanna to move – That the Rules made under the South Australian Health Commission Act 1976 entitled Non-Medicare Patients, made on 28 October and laid on the Table of this House on 9 November, be disallowed.

 

Mr Hanna to move – That the Rules made under the Road Traffic Act 1961 entitled Australian Road Rules, made on 4 November and laid on the Table of this House on 9 November, be disallowed.

 

Mr Hanna to move – That the Regulations made under the Road Traffic Act 1961 entitled Alcotest Analysis, made on 4 November and laid on the Table of this House on 9 November, be disallowed.

 

Mr Hanna to move – That the Regulations made under the Road Traffic Act 1961 entitled Crash Reports, made on 4 November and laid on the Table of this House on 9 November, be disallowed.

 

Mr Hanna to move – That the Regulations made under the Motor Vehicles Act 1959  entitled Demerit Points, made on 4 November and laid on the Table of this House on 9 November, be disallowed.

 

Mr Hanna to move – That the Regulations made under the Superannuation Act 1988   entitled Contracts Without Tenure, made on 18 November and laid on the Table of this House on 23 November, be disallowed.

 

Mr Hanna to move – That the Rules made under the Local Government Superannuation Scheme  entitled Portability, made on 18 November and laid on the Table of this House on 7 December, be disallowed.

 

 

 

____________

 

 

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

 

         The following Pair was handed in at the Table during the days proceedings:

 

         Division No 1 -

               Ayes - Hon D C Kotz, Mr Goldsworthy.

               Noes –Premier (Hon M D Rann), the Minister for Health (Hon L Stevens).

 

 

 

 

 

 

 

 

                                                                                                                        Peter Lewis

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY