No 31

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

TUESDAY 4 MARCH 1997

 

 

1       Meeting of House

         The House met pursuant to adjournment.  The Speaker (Hon G M Gunn) took the Chair and read                    prayers.

 

2       Petitions Nos 42 to 43

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

 

42   Mr Lewis, from 1 447 residents of South Australia, requesting that the House urge the Government to retain the willow trees along the River Murray.

 

43   Hon W A Matthew, from 17 residents of South Australia, requesting that the House urge the Government to obtain ownership of ‘Glenthorne’ at O’Halloran Hill from the Federal Government and develop the site for community use.

 

3       Papers

The following Papers were tabled:

 

By the Treasurer (Hon S J Baker) -

               Ministerial Statement - Report on, Attorney Generals - Juvenile Justice Advisory Committee Report

               Regulations under the following Acts -

                     Building Work Contractors - Exemptions

                     Land and Business (Sale and Conveyancing) - Transfer to MFP

                     Public Corporations - MFP Industrial Premises Corporation

 

         By the Minister for Housing and Urban Development (Hon S J Baker) -

               Housing and Urban Development (Administrative Arrangements) - Regulations - MFP Industrial Premises Corporation

 

         By the Minister for Industrial Affairs (Hon D C Brown) -

               Regulations under the following Acts -

                     Motor Vehicles - Bike Rack

                     Road Traffic - Bike Rack.

 

4       Questions

Questions without notice were asked.

 

5       Grievance debate

         The Speaker proposed - That the House note grievances.

         Debate ensued.

         Question put and passed.

 


6       Leave of absence - Mr Caudell

         Mr Meier, by leave, without notice, moved - That one weeks leave of absence be granted to the Member for Mitchell, Mr Caudell, on account of ill health.

         Question put and passed.

 

7       Leave of absence - Mr Scalzi

         Mr Meier, by leave, without notice, moved - That one weeks leave of absence be granted to the Member for Hartley, Mr Scalzi, on account of ill health.

         Question put and passed.

 

8       Tobacco Products Regulation Bill

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

Debate ensued.

         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.

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         The House having resumed:

Hon H Allison 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.

 

9       Messages from the Legislative Council

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

 

         State Records Bill                                                                                   Message No 60

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to provide for the preservation and management of official records; to amend the Libraries Act 1982, the Freedom of Information Act 1991 and the Local Government Act 1934; 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, 27 February 1997                                             H P K Dunn, PRESIDENT

 

Schedule of the amendments made by the Legislative Council

 

No 1     Page 2 (clause 3) - After line 30 insert new paragraph as follows:-

(ba) a record received into or made for the collection of a library, museum or art gallery and not otherwise associated with the business of the agency; or”.

No 2     Page 6, line 16 (clause 7) - After “State Records” insert “or official records whose delivery into State Records’ custody has been postponed or is subject to an exemption granted by the Manager”.

No 3     Page 6, line 23 (clause 7) - After “to issue standards” insert “(following consultation with the Council)”.

No 4     Page 7, line 5 (clause 9) - Leave out “seven” and insert “nine”.

No 5     Page 7, line 6 (clause 9) - Leave out paragraph (a)  and insert new paragraph as follows:-

(a) one will be a historian nominated by the Minister to whom the administration of the History Trust of South Australia Act 1981  is committed after consultation with academic historians from South Australian tertiary education institutions; and”.

 

No 6     Page 7, line 17 (clause 9) - Leave out “legal practitioner” and insert “person nominated by the Chief Justice of the Supreme Court”.

No 7     Page 7 (clause 9) - After line 17 insert new paragraphs as follow:-

(h) one will be an Aboriginal person engaged in historical research involving the use of official records nominated by the Chief Executive of the Department of State Aboriginal Affairs; and

(i)  one will be a person who, as a member of the public, makes use of official records in the custody of State Records for research purposes.”

No 8     Page 7 (clause 9) - After line 18 insert subclause as follows:-

“(4)  At least two members of the Council must be women and at least two must be men.”

No 9     Page 7 (clause 11) - After line 28 insert subclause as follows:-

“(1a)  A member of the Council is entitled to such remuneration and expenses as may be determined by the Governor.”

No 10    Page 8, line 13 (clause 12) - Leave out “Four” and insert “Five”.

No 11    Page 11 (clause 19) - After line 3 insert new subclause as follows:-

“(6)  The preceding provisions of this section do not apply to records of a court, but the Governor may, if satisfied that it is advisable to do so for the proper preservation of the records, direct that specified court records be delivered into the custody of State Records.”

No 12    Page 11 (clause 20) - After line 7 insert new subclause as follows:-

“(2)  This section does not apply to records of a court.”

No 13    Page 13, line 21 (clause 26) - After “purposes” insert “(but must advise the Council of any such determination)”.

No 14    Page 13, lines 23 and 24 (clause 26) - Leave out “fixed by the Manager with the approval of the Minister” and insert “prescribed by regulation”.

No 15    Page 14, line 4 (clause 27) - After “may” insert “, after consultation with the Council,”.

No 16    Page 15, lines 12 to 17 (clause 32) - Leave out the clause.

No 17    Page 15, line 19 (clause 33) - Leave out “31 October” and insert “30 September”.

No 18    Page 15, line 22 (clause 33) - Leave out “12” and insert “six”.

No 19    Page 15, lines 26 and 27 (clause 34) - Leave out subclause (2) and insert new subclause as follows:-

“(2)  The regulations may -

(a)  prescribe fees to be paid in respect of services provided by State Records or in respect of any matter under this Act and provide for the waiver or refund of such fees; and

(b)  prescribe a fine not exceeding $2 500 for contravention of, or non-compliance with, a regulation.”

No 20    Page 17, line 12 (Schedule) - Leave out paragraph (c).

         J M Davis, CLERK OF THE LEGISLATIVE COUNCIL

        

         Ordered - That consideration of the amendments be an Order of the Day for tomorrow.

 

         Superannuation (Employee Mobility) Amendment Bill                           Message No 61

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Superannuation Act 1988, without any amendment.

         Legislative Council, 27 February 1997                                             H P K Dunn, PRESIDENT

 

         Police Superannuation (Miscellaneous) Amendment Bill                       Message No 62

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, tilted an Act to amend the Police Superannuation Act 1990, without any amendment.

         Legislative Council, 27 February 1997                                             H P K Dunn, PRESIDENT

 

         Livestock Bill                                                                                          Message No 63

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to regulate matters relating to livestock, to repeal the Apiaries Act 1931, the Branding of Pigs Act 1964, the Brands Act 1933, the Cattle Compensation Act 1939, the Deer Keepers Act 1987, the Foot and Mouth Disease Eradication Funds Act 1958, the Stock Act 1990 and the Swine Compensation Act 1936; and for other purposes, without any amendment.

         Legislative Council, 27 February 1997                                             H P K Dunn, PRESIDENT

 

         Netherby Kindergarten (Variation of Waite Trust) Bill                            Message No 64

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to allow Netherby Kindergarten to remain on land owned by the University of Adelaide that is subject to the terms of the Peter Waite Trust for the establishment of a public park or garden; and for related purposes, to which it desires the concurrence of the House of Assembly.

         Legislative Council, 27 February 1997                                             H P K Dunn, PRESIDENT

 

Bill read a first time.

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

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

 

10      Stamp Duties (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 ensued.

         Question put and passed.

 

         Bill read a second time.

         Proceeded, by leave, to the third reading.

 

         Bill read a third time and passed.

 

11      Extension of sitting

The Treasurer moved - That the sitting of the House be extended beyond 6.00 pm.

Question put and passed.

 

12      Adjournment

         The Treasurer moved - That the House do now adjourn.

         Debate ensued.

         Question put and passed.

         House adjourned at 6.08 pm until tomorrow at 2.00 pm.

 

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MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

               For Wednesday 5  March 1997

 

         Notices of Motion: Government Business -

 

The Treasurer to move - That he have leave to introduce a Bill for an Act to regulate the licensing and control of the casino at Adelaide; to repeal the Casino Act 1983; and for other purposes.

 

The Treasurer to move - That he have leave to introduce a Bill for an Act to amend the Gaming Supervisory Authority Act 1995.

 

The Treasurer to move - That he have leave to introduce a Bill for an Act to amend the Liquor Licensing Act 1985.

 

The Treasurer to move - That he have leave to introduce a Bill for an Act to amend the Gaming Machines Act 1992.

 

The Minister for Industrial Affairs to move - That he have leave to introduce a Bill for an Act to amend the Long Service Leave Act 1987.

 


      For Thursday 6 March 1997

 

         Notices of Motion: Other Motions -

 

Ms White to move - That this House acknowledges the important educational opportunities provided by the University of South Australia campuses at Whyalla and Underdale to country and western suburbs students and strongly opposes any plan to close or diminish learning opportunities at those campuses.

 

Mr Cummins to move -- That this House calls on the Federal Minister for Aboriginal Affairs to appoint an Administrator to deal with problems at the Indulkana Homelands.

 

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Present during the day - All Members except Mr Caudell (on leave), Mrs Geraghty, Mrs Penfold, Mr Scalzi (on leave) and Mr Venning.

 

 

 

 

 

                                                                                                            G M Gunn

                                                                                                            SPEAKER

 

G D Mitchell

CLERK OF THE HOUSE OF ASSEMBLY