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No. 31

 

 

VOTES AND PROCEEDINGS

 

 

OF THE

 

 

HOUSE OF ASSEMBLY

 

___________

 

 

TUESDAY 4 DECEMBER 1990

 

 

1          Meeting of House

The House met pursuant to adjournment.  The Speaker (Hon. N.T. Peterson) took the Chair and read prayers.

 

2          Message from the Governor

The following Message from the Governor was 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:

No. 50 of 1990 ‑ An Act to amend the Shop Trading Hours Act, 1977, and the Landlord and Tenant Act, 1936.

No. 51 of 1990 ‑ An Act to amend the Motor Vehicles Act, 1959.

No. 52 of 1990 ‑ An Act to amend the Road Traffic Act, 1961.

No. 53 of 1990 ‑ An Act to amend the Soil Conservation and Land Care Act, 1989.

No. 54 of 1990 ‑ An Act to amend the Correctional Services Act, 1982, the Legal Practitioners Act, 1981, the Wills Act, 1936 and the Strata Titles Act, 1988.

No. 55 of 1990 ‑ An Act to amend the Summary Offences Act, 1953; and to repeal the Pawnbrokers Act, 1888.

No. 56 of 1990 ‑ An Act to amend the Acts Interpretation Act, 1915.

No. 57 of 1990 ‑ An Act to amend the Fences Act, 1975.

No. 58 of 1990 ‑ An Act to amend the Landlord and Tenant Act, 1936, and to make a related amendment to the Commercial Tribunal Act, 1982.

No. 59 of 1990 ‑ An Act to approve execution on behalf of the State of an Agreement between the Commonwealth, the States and the Northern Territory relating to the provision of assistance to persons engaged in rural industries, and to repeal the Fruitgrowing Industry (Assistance) Act, 1972 and the Beef Industry Assistance Act, 1975.

No. 60 of 1990 ‑ An Act to establish the University of South Australia; and or other purposes.

No. 61 of 1990 ‑ An Act to amend the Administration and Probate Act, 1919.

Government House, Adelaide, 4 December 1990                                D.B. Dunstan, GOVERNOR


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3          Petitions Nos 70 to 74

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

 

70    Dr Armitage, from 1 052 residents of South Australia, requesting that the House urge the Government to conduct a study into the effects upon local residents and school children of the spraying of chemicals at the Waite and Urrbrae agricultural properties.

 

71    Mr S.J. Baker, from 292 residents of South Australia, requesting that the House urge the Government to restrict free student travel on public transport to school hours.

 

72    Mrs Hutchison, from 1 239 residents of South Australia, requesting that the House urge the Government to allow the prohibition of the consumption of alcohol in public places in Port Augusta.

 

73    Mr Lewis, from 108 residents of South Australia, requesting that the House urge the Government to supervise and accept responsibility for the proposed Canaan Homes Development.

 

74    Mr Matthew, from 241 residents of South Australia, requesting that the House urge the Government to extend the STA bus service to Hallett Cove.

 

4          Answers to questions

Answers to questions on the Notice Paper Nos 1, 5, 184, 199, 202 to 204, 206, 215, 218, 221, 223, 225, 228, 230, 244 to 246, 249, 250, 252, 253, 256 to 258, 268, 273, 274, 302, 324, 326 to 329, 334, 335, 342, 343, 350, 352, 356, 364 to 366, 374, 378, 381, 384, 386, 388, 391, 393 and 400 and questions without notice were tabled by the Speaker.

 

5          Papers

The following Papers were laid on the Table:

 

By the Minister of Health (Hon. D.J. Hopgood) ‑

        South Australian Health Commission Act, 1976 ‑ Regulations ‑ Compensable Patient Fees.

 

By the Minister of Education (Hon. G.J. Crafter) ‑

        Accounting Standards Review Board ‑ Report, 1989‑90.

        Children's Court Advisory Committee ‑ Report, 1989‑90.

        National Companies and Securities Commission ‑ Report, 1989‑90.

        Suppression Orders ‑ Report of the Attorney‑General on, 1989‑90.

        Royal Commission into Aboriginal Deaths in Custody ‑ Report of the

        Inquiry into the Deaths of ‑

                        Michael Leslie James Gollan; and

                        Joyce Thelma Egan.

        Legal Practitioners Act, 1981 ‑ Regulations ‑ Fees.

        Local and District Criminal Courts Act, 1926 ‑ Regulations ‑ Fees.

        Supreme Court Act, 1935 ‑ Regulations ‑

                Probate Fees.

                Registry Fees.

        Justices Act, 1921 ‑ Rules ‑ Fees.

        Corporations Law ‑ Consolidation, 1990.

 


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By the Minister of Housing and Construction (Hon. M.K. Mayes) ‑

        State Clothing Corporation ‑ Report, 1989‑90.

 

By the Minister of Recreation and Sport (Hon. M.K. Mayes) ‑

        South Australian Harness Racing Board ‑ Report, 1989‑90.

 

By the Minister for Environment and Planning (Hon. S.M. Lenehan) ‑

        Coast Protection Board ‑ Report, 1989‑90.

        Clean Air Act, 1984 ‑ Regulations ‑ Backyard Burning (Amendment).

        National Parks and Wildlife Act, 1972 ‑ Regulations ‑ Fees.

 

By the Minister of Mines and Energy (Hon. J.H.C. Klunder) ‑

        Electrical Products Act, 1988 ‑ Regulations ‑ Safety Switches.

 

By the Minister of Labour (Hon. R.J. Gregory) ‑

Occupational Health, Safety and Welfare Act, 1986 ‑ Regulations ‑ Manual Handling (Amendment).

        Workers Rehabilitation and Compensation Act, 1986 ‑ Regulations - Prescribed Allowances.

 

By the Minister of Employment and Further Education (Hon. M.D. Rann) ‑

        South Australian Local Government Grants Commission ‑ Report, 1989‑90.

        "Jolleys Boathouse Bistro Pty Ltd" ‑ Memorandum of Lease.

        Corporation of Henley and Grange ‑ By‑law No.2 ‑ Street and Public Places.

                District Council of Willunga ‑ By‑law No.15 ‑ Beach Control.

 

6          Questions

Questions without notice were asked.

 

7          Limitation of debate

The Deputy Premier (Hon. D.J. Hopgood) moved ‑ That the time allotted for completion of the:

        Electricity Trust of South Australia Act Amendment Bill;

        Debits Tax Bill;

        Superannuation Act Amendment Bill;

        Boating Act Amendment Bill;

        Land Agents, Brokers and Valuers Act Amendment Bill;

        Land Acquisition Act Amendment Bill;

        Motor Vehicles Act Amendment Bill (No. 5);

        Murray‑Darling Basin Act Amendment Bill; and

        Trustee Companies Act Amendment Bill,

be until 6.00 p.m. on Thursday 6 December.

Question put and passed.

 

8          Message from the Legislative Council

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

 

Statutes Amendment and Repeal (Merger of Tertiary Institutions) Bill     Message No.40

MR SPEAKER ‑ The Legislative Council has agreed to the Bill returned herewith, titled an Act to provide for matters consequent upon the merger of Roseworthy Agricultural College with the University of Adelaide and the merger of the South Australian Institute of Technology and the South Australian College of Advanced Education to form the University of South Australia; to effect the transfer of certain campuses of the College of

 

 


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Advanced Education to The Flinders University of South Australia and The University of Adelaide; to repeal the Roseworthy Agricultural College Act, 1973, the South Australian Institute of Technology Act, 1972 and the South Australian College of Advanced Education Act, 1982; to amend The Flinders University of South Australia Act, 1966, the Tertiary Education Act, 1986, and The University of Adelaide Act, 1971; and for other purposes, with the amendments indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

Legislative Council, 22 November 1990                                                                G.L. Bruce, PRESIDENT

 

Schedule of the amendments made by the Legislative Council

No. 1       Page 3 (clause 9) ‑ After line 44 insert new subclause as follows:

"(5a)       In issuing an award in the name of the College under subsection (4) or (5), the University may cause the common seal of the College to be affixed to the award in the presence of such signatories as the Council of the University may appoint for the purpose."

No. 2       Page 4, line 16 (clause 11) ‑ Leave out "express".

No. 3       Page 4, line 17 (clause 11) ‑ After "is" insert "to lapse or is".

No. 4       Page 7, line 11 (clause 19) ‑ After "College" insert "or, if the student             so elects, in the name of the University and the Institute or the College".

No. 5       Page 7, line 20 (clause 19) ‑ After "University" insert ", in the name of the University and the Institute or the College".

No. 6       Page 7 (clause 19) ‑ After line 25 insert new subclause as follows:

"(5a)       In issuing an award in the name of the Institute or the College under subsection (4) or (5), the University may cause the common seal of the Institute or the College (as the case may require to be affixed to the award in the presence of such signatories as the Council of the University may appoint for the purpose."

No. 7       Page 8, line 9 (clause 21) ‑ Leave out "express".

No. 8       Page 8, line 10 (clause 21) ‑ After "is" insert "to lapse or is".

No. 9       Page 11, line 3 (clause 29) ‑ After "College" insert "or, if the student so elects, in the name of the University and the College".

No.10      Page 11, line 11 (clause 29) ‑ After "University" insert ", in the name of the University and the College".

No.11      Page 11 (clause 29) ‑ After line 14 insert new subclause as follows:

"(5a)       In issuing an award in the name of the College under subsection (4) or (5), the University may cause the common seal of the College to be affixed to the award in the presence of such signatories as the Council of the University may appoint for the purpose."

No.12      Page 14, line 8 (clause 37) ‑ After "College" insert "or, if the student so elects, in the name of the University and the College".

No.13      Page 14, line 16 (clause 37) ‑ After "University" insert ", in the name of the University and the College".

No.14      Page 14 (clause 37) ‑ After line 19 insert new subclause as follows:

"(5a)       In issuing an award in the name of the College under subsection (4) or (5), the University may cause the common seal of the College to be affixed to the award in the presence of such signatories as the Council of the University may appoint for the purpose."

No.15      Page 18, line 10 (clause 58) ‑ After "statutes" insert "or regulations".

No.16      Page 18, line 13 (clause 58) ‑ After "statutes" insert "or regulations".

                                                                                    C.H. Mertin, CLERK OF THE LEGISLATIVE COUNCIL

 


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Ordered ‑ That the Message be taken into consideration forthwith.

 

In Committee

 

Resolved ‑ That the amendments be agreed to.

___________

 

The House having resumed:

Mr M.J. Evans reported that the Committee had considered the amendments referred to it and had agreed to the same without amendment.

 

9          Postponement of business

Ordered ‑ That Orders of the Day (Government Business) Nos 1 to 14 be postponed and taken into consideration after Order of the Day (Government Business) No. 15.

 

10       Electricity Trust of South Australia Act Amendment Bill

Order of the Day read for the adjourned debate on the question ‑ That the Electricity Trust of South Australia Act Amendment Bill be now read a second time.

Debate resumed.

Question put and passed.

 

Bill read a second time.

 

In Committee

                                                    Clause No. 1 agreed to.

                                                    Clause No. 2 read.

 

To report progress and ask leave to sit again.

___________

 

The House having resumed:

Mr M.J. Evans 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.

 

11       Debits Tax Bill

Order of the Day read for the adjourned debate on the question ‑ That the Debits Tax Bill be now read a second time.

Debate resumed.

Question put and passed.

 

Bill read a second time.

 

In Committee

                                                    Clauses Nos 1 to 21 agreed to.

                                                    Schedule No. 1 agreed to.

                                                    Schedule No. 2 agreed to.

                                                    Title agreed to.

___________


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The House having resumed:

Mr M.J. Evans 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       Postponement of business

Ordered ‑ That Orders of the Day (Government Business) Nos 2 to 9 be Orders of the Day for tomorrow.

 

13       Superannuation Act Amendment Bill

Order of the Day read for the adjourned debate on the question ‑ That the Superannuation Act Amendment Bill be now read a second time.

Debate resumed.

Question put and passed.

 

Bill read a second time.

 

In Committee

                                                    Clauses Nos 1 to 19 agreed to.

                                                    Title agreed to.

___________

 

The House having resumed:

Mr M.J. Evans 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.

 

14       Postponement of business

Ordered ‑ That Orders of the Day (Government Business) Nos 11 to 14 and 16 be postponed and taken into consideration after Order of the Day (Government Business) No.17.

 

15       Boating Act Amendment Bill

Order of the Day read for the adjourned debate on the question ‑ That the Boating Act Amendment 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.

                                                    Title agreed to.

___________

 

The House having resumed:

Mr M.J. Evans 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.


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16       Extension of sitting

The Minister of Labour (Hon. R.J. Gregory) moved ‑ That the sitting of the House be extended beyond 6.00 p.m.

Question put and passed.

 

17       Adjournment

The Minister of Labour moved ‑ That the House do now adjourn.

Debate ensued.

Question put and passed.

House adjourned at 6.28 p.m. until tomorrow at 2.00 p.m.

___________

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

For Wednesday 5 December 1990

Notices of Motion: Government Business‑‑

 

The Minister of Agricultural to move ‑ That he have leave to introduce a Bill for an Act to amend the Citrus Industry Organisation Act, 1965.

 

The Minister of Education to move ‑ That he have leave to introduce a Bill for an Act to provide for public access to official documents and records; to provide for the correction of public documents and records in appropriate cases; and for other purposes.

 

The Minister of Housing and Construction to move ‑ That he have leave to introduce a Bill for an Act to amend the Local Government Act, 1934.

 

___________

 

Present during the day ‑ All the Members.

 

 

 

 

                                                                                                                                                    N.T. Peterson

                                                                                                                                                    SPEAKER

G.D. Mitchell

CLERK OF THE HOUSE OF ASSEMBLY