No 31

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

MONDAY 26 AUGUST 2002

 

 

1       Meeting of House

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

 

2       Petitions Nos 30 to 32

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

 

30   The Deputy Leader of the Opposition (Hon D C Brown), from 12 042 residents of South Australia, requesting the House to urge the Government to take immediate action to preserve medical and surgical services at Western Hospital.

 

31   The Deputy Leader of the Opposition, from 932 residents of the Fleurieu Peninsula, requesting the House urge the Minister for Education to immediately commence planning and construction of the Victor Harbor TAFE College, Senior High School, Port Elliot Primary School and Victor Harbor R-7 School upgrade.

 

32   The Deputy Leader of the Opposition, from 8 residents of South Australia, requesting that the House oppose the construction of wind-farms at Sellecks Hill and relocate them to areas where they will not spoil the natural beauty.

 

3       Questions

Questions without notice were asked.

 

4       Grievance debate

On motion of the Speaker, the House noted grievances.

 

5       Postponement of business

Ordered - That Order of the Day: Government Business No 1 be postponed until tomorrow.

 

6       Public Finance and Audit (Honesty and Accountability in Government) 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 and passed.

 

In Committee

 

                                                            Clauses Nos 1 to 7 agreed to.

                                                            Title agreed to.

____________

 

         The House having resumed:

Mr Koutsantonis 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.

 

7       Postponement of business

Ordered - That Orders of the Day: Government Business Nos 4 and 5 be postponed until tomorrow.

 

8       Ombudsman (Honesty and Accountability in Government) 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 and passed.

         Bill read a second time.

 

         Instruction to Committee

 

The Hon G M Gunn, pursuant to contingent notice, moved – That there be an instruction to the Committee of the Whole House on the Bill that it have power to consider a new clause relating to Ombudsman investigations relating to photographic detection devices.

Question put and passed.

 

In Committee

 

                                                            Clauses Nos 1 to 2 agreed to.

                                                            Clause No 3 amended and agreed to.

                                                            Clause No 4 agreed to.

                                                            Clause No 5 read.

 

Hon G M Gunn moved on page 5, line 16 to leave out the words "section is" and insert in lieu thereof the words:

 

“sections are”

 

and after line 23 to insert new section 14B as follows:

 

Investigations relating to photographic detection devices

14B. (1) The Ombudsman may, either on receipt of a complaint or on the Ombudsman's own initiative, conduct an investigation to determine the accuracy with which a particular photographic detection device used to provide evidence of speeding offences registers vehicle speeds.

 

      (2) The provisions of this Act apply in relation to an investigation under subsection (1) as if it were an investigation of an administrative act under this Act, subject to such modifications as may be necessary, or as may be prescribed.

 

      (3) The Ombudsman must include in an annual report under section 29 information on the results of any investigations under this section conducted during the preceding year.

 

      (4) The Ombudsman may, at any time, make a report to the Speaker of the House of Assembly and the President of the Legislative Council on the results of an investigation under this section, with a request that the report be laid before their respective Houses.

 

      (5) In this section—

 

      "photographic detection device" has the same meaning as in section 79B of the Road Traffic Act 1961;

 

      "speeding offence" means an offence involving the driving of a vehicle at a speed in excess of the applicable speed limit.


 

         Question – That the amendment be agreed to - put.

         Committee divided (No 1):

 

           Ayes, 19

 

           Noes, 22

Mr Brindal

Hon M J Atkinson

Hon M R Buckby

Ms Bedford

Ms Chapman

Ms Breuer

Hon I F Evans

Mr Caica

Mr Goldsworthy

Hon P F Conlon

Hon G M Gunn (Teller)

 

 

Hon K O Foley

Mrs Hall

Mrs Geraghty

Mr Hamilton-Smith

Mr Hanna

Hon R G Kerin

Hon S W Key

Hon D C Kotz

Mr Koutsantonis

Hon I P Lewis

Hon J D Lomax-Smith

Hon W A Matthew

Ms Maywald

Dr McFetridge

Mr McEwen

Mr Meier

Mr O'Brien

Mrs Penfold

Ms Rankine

Mrs Redmond

Hon M D Rann (Teller)

Mr Scalzi

Mr Rau

Mr Venning

Mr Snelling

Mr Williams

Hon L Stevens

 

Ms Thompson

 

Hon J W Weatherill

 

Hon M J Wright

 

         So it passed in the negative.

 

                                                            Clause agreed to.

                                                            Clause No 6 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 with an amendment.

 

Bill read a third time and passed.

 

9       Message from the Legislative Council

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

 

         Prices (Prohibition on Return of Unsold Bread) Amendment Bill            Message No 24

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Prices Act 1948, without any amendment.

         Legislative Council, 26 August 2002.                                               R R Roberts, PRESIDENT

 

10      Postponement of business

Ordered - That Orders of the Day: Government Business Nos 6 to 11 be postponed until tomorrow.

 

11      Constitution (Parliamentary Secretaries) 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 and passed.

         Bill read a second time.

 

         Proceeded, by leave, to the third reading.

 

         Bill read a third time and passed.


 

12      Adjournment

The Premier (Hon M D Rann) moved - That the House do now adjourn.

Debate ensued.

Question put and passed.

House adjourned at 9.08 pm until tomorrow at 2.00 pm.

 

____________

 

 

Present during the day - All Members.

 

         The following Pairs were handed in at the Table during the days proceedings:

 

         Division No 1 -

               Ayes - Mr Brokenshire and Hon D C Brown.

               Noes - Ms Ciccarello and Hon P L White.

 

 

 

 

                                                                                                                        Peter Lewis

                                                                                                                        SPEAKER

 

David A Bridges

ACTING CLERK OF THE HOUSE OF ASSEMBLY