No 31

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

TUESDAY 1 MAY 001

 

 

1       Meeting of House

The House met pursuant to adjournment.  The Speaker (Hon J K G Oswald) 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 20

The Governor informs the House of Assembly that, in the name and on behalf of Her Majesty The Queen, the following Acts have been assented to during the present Session, viz. –

No. 4 of 2001       An Act to amend the Essential Services Act 1981

No. 5 of 2001       An Act to repeal the Fisheries (Southern Zone Rock Lobster Fishery Rationalization ) Act 1987

No. 6 of 2001       An Act to amend the State Disaster Act 1980

No. 7 of 2001       An Act to repeal the Sandalwood Act 1930

         Government House, 10 April 2001                                               E J Neal, GOVERNOR

 

         Assent to Bills                                                                             Message No 21

The Governor informs the House of Assembly that, in the name and on behalf of Her Majesty The Queen, the following Acts have been assented to during the present Session, viz. –

No. 8 of 2001       An Act to amend the Community Titles Act 1996

No. 9 of 2001       An Act to ratify and approve the Lake Eyre Basin Intergovernmental Agreement; and for other purposes

No. 10 of 2001      An Act to amend the Criminal Assets Confiscation Act 1996; the Criminal Law (Sentencing) Act 1988; the Legal Services Commission Act 1977 and the Criminal Law Consolidation Act 1935

No. 11 of 2001      An Act to amend the Expiation of Offences Act 1996

No. 12 of 2001      An Act to amend the Police Superannuation Act 1990 and to make a related amendment to the Superannuation Act 1988

No. 13 of 2001      An Act to facilitate the Second Software Centre Inquiry by conferring evidentiary powers and immunities; and for other purposes

No. 14 of 2001      An Act to amend the Youth Court Act 1993

         Government House, 1 May 2001                                                 E J Neal, GOVERNOR

 

         Criminal Law (Legal Representation) Bill - Recommending       Message No 22

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 Criminal Law (Legal Representation) Bill 2001

         Government House, 1 May 2001                                                 E J Neal, GOVERNOR

 

 

 

3       Petitions Nos 101 to 103

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

 

101 The Premier (Hon J W Olsen), from 23 residents of South Australia, requesting that the House urge the Government to repeal the proclamation permitting the unlimited destruction by commercial horticulturalists of protected native birds.

 

102 Ms Stevens, from 94 residents of South Australia, requesting that the House urge the Government to fund dental services to ensure the timely treatment of patients.

 

103 Mr Lewis, from 174 residents of South Australia, requesting that the House urge the Government to return the proceeds from the sale of country halls to the local communities in accordance with the advice of the Crown Solicitor.

 

4       Papers

The Speaker laid on the Table the following reports of the Public Works Committee which had been received and published pursuant to section 17(7) of the Parliamentary Committees Act 1991:

 

The One Hundred and Forty-Ninth Report on the Glenelg Wastewater Treatment Plant – Environment Improvement Project.

      (Paper No 213)

 

The One Hundred and Fiftieth Report on Bionomics Limited New Research Laboratory and Office Facilities.

      (Paper No 214)

 

5       Answers to questions

Answers to questions on the Notice Paper Nos 34, 43, 61, 64, 67, 74, 77, and 84 and questions without notice were tabled by the Speaker.

 

6       Papers

         The following Papers were tabled:

 

By the Minister for Human Services (Hon D C Brown) –

      Architects Board of South Australia – Report, 2000

 

      Occupational Therapists Act – Regulations – Registration Renewal Fee

 

By the Minister for Government Enterprises (Hon M H Armitage) –

      South Australian Ports (Disposal of Maritime Assets) Act – Transfer Order

 

By the Minister for Education and Children’s Services (Hon M R Buckby) –

      Regulations under the following Acts –

            Southern State Superannuation – Carclew

            Stamp Duties – Adelaide CBD

 

      University of South Australia Act – By-laws – Driving Conduct and Ban

 

By the Minister for Environment and Heritage – (Hon I F Evans) –

      Liquor Licensing Act – Regulations – Dry Areas – Onkaparinga

 

      Supreme Court Act – Supreme Court Rules – Interest Rate

 

By the Minister for Water Resources (Hon M K Brindal) –

      Water Resources Act – Regulations –

            Prescribed Water Course

            Surface Water Area

 

 

By the Minister for Local Government (Hon D C Kotz) –

      Local Government Act – By-laws – City of Playford –

            No 1 – Permits and Penalties

            No 2 – Moveable Signs

            No 3 – Local Government Land.

 

7       Questions

         Questions without notice were asked.

 

8       Grievance debate

         The Speaker proposed - That the House note grievances.

         Debate ensued.

         Question put and passed.

 

9               Suspension of Standing Orders

The Deputy Premier, without notice, moved – That Standing Order 339 be and remain so far suspended as to enable the Select Committee on Petrol, Diesel and LPG Pricing to authorise the disclosure or publication, as it sees fit, of any evidence presented to the Committee prior to such evidence being reported to the House.

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

 

10           Select Committee on the Murray River – Leave to sit

The Deputy Premier, by leave, moved – That the Select Committee on the Murray River have leave to sit during the sittings of the House today.

Question put and passed.

 

11      Messages from the Legislative Council

         The following Messages from the Legislative Council were received and read:

 

         Listening Devices (Miscellaneous) Amendment Bill                   Message No 58

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Listening Devices Act 1972; and to make related amendments to the Director of Public Prosecutions Act 1991, to which it desires the concurrence of the House of Assembly.

         Legislative Council, 10 April 2001                                             J C Irwin, PRESIDENT

 

         Bill read a first time.

 

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

         Ordered, on motion of Mr Foley, that the debate be adjourned until tomorrow.

 

         Statutes Amendment (Transport Portfolio) Bill                           Message No 59

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Harbors and Navigation Act 1993, the Motor Vehicles Act 1959 and the Road Traffic Act 1961, to which it desires the concurrence of the House of Assembly. 

         Legislative Council, 10 April 2001                                             J C Irwin, PRESIDENT

 

         Bill read a first time.

 

         The Minister for Human Services moved - That this Bill be now read a second time.

         Ordered, on motion of Mr Foley, that the debate be adjourned until tomorrow.

 

12      Statutes Amendment (Gambling Regulation) Bill

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

Debate resumed.

 

 

13      Message from the Legislative Council

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

 

Statutes Amendment (Avoidance of Duplication of Environmental Procedures) Bill                                    Message No 60

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Development Act 1993, the Environment Protection Act 1993, the Mining Act 1971, the Native Vegetation Act 1991, the Petroleum Act 2000 and the Water Resources Act 1997, without any amendment.

         Legislative Council, 1 May 2001                                                 J C Irwin, PRESIDENT

 

14      Statutes Amendment (Gambling Regulation) Bill

Debate (interrupted by the foregoing) resumed.

 

15      Extension of time for adjournment

The Premier moved - That the time for moving the adjournment of the House be extended beyond 10.00 pm.

Question put and passed.

 

16      Statutes Amendment (Gambling Regulation) Bill

Debate (interrupted by the foregoing) resumed.

         Question put and passed.

         Bill read a second time.

 

         Suspension of Standing Orders

Mr Lewis, 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

Mr Lewis then moved – That it be an instruction to the Committee of the whole House on the Statutes Amendment (Gambling Regulation) Bill that it have power to consider new clauses relating to amendment of the Electoral Act 1985.

Question put and passed.

 

In Committee

                                                Clauses Nos 1 to 6 agreed to.

                                               

Mr Lewis moved on page 4, after line 26, to insert a new clause as follows:

         Insertion of s. 42A

         6A. The following section is inserted after section 42 of the principal Act:

 

         Prohibition of interactive betting operations

42A.     (1) It is a condition of the major betting operations licence or an on-course totalisator betting licence that the licensee must not conduct interactive betting operations under the licence involving the acceptance of bets from persons within South Australia.

            (2) In this section-

 

“betting facility” means an office, branch or agency established by a person lawfully conducting betting operations at which the public may attend to make bets with that person;

 

“interactive betting operations” means operations involving betting by persons not present at a betting facility where the betting is by means of internet communications.

 

To report progress and ask leave to sit again.

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         The House having resumed:

Hon D C Wotton 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.

 

17      Adjournment

         House adjourned at 11.00 pm until tomorrow at 2.00 pm.

 

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MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

         For Wednesday 2 May 2001

 

Notice of Motion: Government Business -

 

The Minister for Human Services to move – That he have leave to introduce a Bill for an Act to amend the South Australian Co-operative and Community Housing Act 1991.

 

Notices of Motion: Standing Committee Reports -

 

Mr Lewis to move – That the One Hundred and Fiftieth Report of the Public Works Committee on the Bionomics Limited New Research Laboratory and Office Facilities be noted.

 

Mr Lewis to move – That the One Hundred and Forty-Ninth Report of the Public Works Committee on the Glenelg Wastewater Treatment Plant – Environment Improvement Project be noted.

 

         For Thursday 3 May 2001

 

Notice of Motion: Private Members Bills/ Committees/ Regulations –

 

Mr Lewis to move – That the Regulations under the Water Resources Act 1997 relating to Extension of Deadlines made on 21 December and laid on the Table of this House on 27 February be disallowed.

 

Notice of Motion: Other Motions –

 

Mr Meier to move – That this House congratulates the Government on having restored economic confidence to South Australia after it was brought to the precipice of economic ruin by the previous Labor Governments.

 

         For Thursday 17 May 2001

 

Notice of Motion: Private Members Bills/ Committees/ Regulations –

 

Hon R B Such to move – That he have leave to introduce a Bill for an Act to amend the Native Vegetation Act 1991.

 

 

 

 

 

 

 

 

Notices of Motion:  Other Motions –

 

Hon D C Wotton to move – That this House commends the Federal Government on the financial support provided to South Australia through the Photovoltaic Rebate Program which encourages the use of solar power through the provision of a rebate and calls on both the Federal and State Governments to continue to provide worthwhile incentives which encourage the use of alternative power sources in South Australia.

 

Mr Lewis to move – That this House calls on the Government to provide free syringes and needles to diabetics and any other people requiring syringes to administer pharmaceutical drugs to themselves for so long as they continue to provide “party packs” from South Australian public hospitals which contain free needles for use by people injecting drugs, such as heroin, into themselves.

 

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         Present during the day – All Members.

 

 

 

 

 

                                                                                                            J K G Oswald

                                                                                                            SPEAKER

 

G D Mitchell

CLERK OF THE HOUSE OF ASSEMBLY