No 31

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

WEDNESDAY 18 FEBRUARY 2004

 

 

1       Meeting of House

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

 

2       Matter of Privilege

         Hon G M Gunn raised, as a matter of privilege, two issues arising from the placement of notices in South Australian newspapers calling for nominations to serve on Natural Resources Management Boards.  Firstly, the Member sought clarification as to whether the advertisements pre-empted the outcome on the passage of a Bill yet to be introduced into the Parliament and secondly, whether funding should have been allocated for the purpose without the necessary recommendation.

 

The Speaker advised that he would consider the matter and report to the House.

 

3        Message from the Governor

The following Message from the Governor was received and read:

 

Natural Resources Management Bill - Recommending                          Message No 13

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 Natural Resources Management Bill 2004.

Government House, 18 February 2004                                M Jackson-Nelson, GOVERNOR

 

4       Petitions Nos 42 and 43

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

 

42   Mr Meier, from 1243 residents of South Australia, requesting the House to urge the Government to make urgent representation to the Commonwealth Department of Transport and Regional Services to retain the current level 1 security rating at Wallaroo Jetty and ensure the seaward end of the jetty remains open to the general public.

 

43   Ms Penfold, from 89 residents of South Australia, requesting the House to urge the Government to immediately introduce a transition period for the new Learner Permit regulations to enable people, having acquired their Permits prior to 15 December 2003, to be exempt from the 6 month waiting period before a Provisional Licence can be obtained.

 

5       Legislative Review Committee - Reports – Regulations under the Controlled Substances Act 1984, Eleventh and Twelfth

 

Regulations under the Controlled Substances Act 1984 - No 172 of 2002 - Report

Mr Hanna brought up the Report of the Committee.

Report received.

 

 

Eleventh Report

Mr Hanna brought up the 11th Report of the Legislative Review Committee.

Report received and read as follows:

 

The Regulation listed hereunder is at present being considered by the Legislative Review Committee. Evidence is being taken on this matter and it is necessary for Notices 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 Regulation, the Committee may decide to take no further action.

 

Regulation referred to:

               Public Corporations Act 1993 – SA Athletics Stadium

 

Twelfth Report

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

Report received.

 

6       Public Works Committee - Report – Angaston Primary School Redevelopment

Mr Caica brought up the 198th Report of the Committee on the Angaston Primary School Redevelopment.

Report received.

Ordered to be published (Paper No 197).

 

7       Questions

Questions without notice were asked.

 

8       Paper

         The following Paper was tabled:

 

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

Parliament of New South Wales – Joint Select Committee on the Transportation and Storage of Nuclear Waste - Inquiry into the Transportation and Storage of Nuclear Waste.

 

9       Grievance debate

On motion of the Speaker, the House noted grievances.

 

10      Postponement of business

Ordered, separately and severally - That Notices of Motion: Private Members Bills/Committees/Regulations Nos 1 to 14 be postponed until Wednesday 25 February.

 

11      Public Works Committee - Report - Whyalla Wastewater Treatment Plant Environment Improvement Program - Motion to note

Mr Caica, pursuant to notice, moved - That the One Hundred and Ninety Fourth Report of the Public Works Committee on the Whyalla Wastewater Treatment Plant Environment Improvement Program be noted.

Debated ensued.

Question put and passed.

 

12      Public Works Committee - Report – Port River Expressway – Overpasses at Hanson Road and South Road - Motion to note

Mr Caica, pursuant to notice, moved - That the One Hundred and Ninety Fifth Report of the Public Works Committee on the Port River Expressway – Overpasses at Hanson Road and South Road be noted.

Debated ensued.

Question put and passed.

 

 

 

13      Distinguished Visitors

Attention having been called to the presence of distinguished visitors in the gallery from the Republic of Korea’s Provincial Council of Chungcheongnam-do, the Speaker, on behalf of the House welcomed them and invited the Leader of the Delegation, Mr Bok-Gu Lee to take a seat on the floor of the House.

Whereupon Mr Bok-Gu Lee was escorted to the Chair by the Deputy Premier and the Leader of the Opposition, introduced to the Speaker, and accommodated with a seat on the right hand side of the Speaker.

 

14      Public Works Committee - Report – Mawson Lakes Reclaimed Water Scheme - Motion to note

Mr Caica, pursuant to notice, moved - That the One Hundred and Ninety Sixth Report of the Public Works Committee on the Mawson Lakes Reclaimed Water Scheme be noted.

Question put and passed.

 

15      Public Works Committee - Report – Port Waterfront Redevelopment Site Remediation Works Scheme - Motion to note

Mr Caica, pursuant to notice, moved - That the One Hundred and Ninety Seventh Report of the Public Works Committee on the Port Waterfront Redevelopment Site Remediation Works Scheme be noted.

Question put and passed.

 

16      Postponement of business

Ordered, separately - That Orders of the Day: Private Members Bills/Committees/Regulations Nos 1 to 5 be postponed until Wednesday 25 February.

 

17      Public Works Committee - Report – Upper South East Dryland Salinity and Flood Management Program - Motion to note

         Order of the Day read for the adjourned debate on the motion of Mr Caica - That the One Hundred and Ninety Second Report of the Public Works Committee entitled Upper South East Dryland Salinity and Flood Management Program, be noted.

         Debate resumed.

         Question put and passed.

 

18      Tobacco Products Regulation (Smoking in the Casino and Gaming Venues) 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.

Mr Snelling moved, that the debate be further adjourned.

         Question put.

         House divided (No 1):

 

           Ayes, 21

           Noes, 18

 

Hon M J Atkinson

Mr Brindal

Ms Bedford

Mr Brokenshire

Ms Breuer

Hon D C Brown

Mr Caica

Hon M R Buckby

Ms Ciccarello

Ms Chapman

Hon P F Conlon

Hon I F Evans

Hon K O Foley

Hon G M Gunn

Hon J D Hill

Mrs Hall

Mr Koutsantonis

Mr Hamilton-Smith

Mrs Maywald

Hon D C Kotz

Hon R J McEwen

Hon W A Matthew

Mr O'Brien

Mr Meier

Ms Rankine

Mrs Penfold

Mr Rau

Mrs Redmond

Hon L Stevens

Mr Scalzi

Hon R B Such

Mr Venning

Ms Thompson

Mr Williams

Hon J W Weatherill

Mr Hanna (Teller)

Hon P L White

 

Hon M J Wright

 

Mr Snelling (Teller)

 

 

         So it was resolved in the affirmative.

The debate was adjourned until Wednesday 25 February.

 

19      Statutes Amendment (Renaissance Tower – Gaming and Liquor Licences) 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.

         House divided (No 2):

 

           Ayes, 19

           Noes, 21

 

Mr Brokenshire

Hon M J Atkinson

Hon M R Buckby

Ms Bedford

Ms Chapman

Ms Breuer

Hon I F Evans

Mr Caica

Mr Goldsworthy

Ms Ciccarello

Hon G M Gunn

Hon P F Conlon

Mrs Hall

Hon K O Foley

Mr Hamilton-Smith

Hon J D Hill

Mr Hanna

Mr Koutsantonis

Hon D C Kotz

Hon J D Lomax-Smith

Hon W A Matthew

Hon R J McEwen

Mrs Maywald

Mr O'Brien

Mr Meier

Ms Rankine

Mrs Penfold

Mr Rau

Mrs Redmond

Mr Snelling

Mr Scalzi

Hon L Stevens

Mr Venning

Hon R B Such

Mr Williams

Ms Thompson

Mr Brindal (Teller)

Hon P L White

 

Hon M J Wright

 

Hon J W Weatherill (Teller)

 

         So it passed in the negative.

 

20      Natural Resources Management Bill

The Minister for Environment and Conservation, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to promote sustainable and integrated management of the State’s natural resources; to make provision for the protection of the State’s natural resources; to make amendments to the Crown Lands Act 1929, the Dog and Cat Management Act 1995, the Dog Fence Act 1946, the Environment Protection Act 1993, the Ground Water (Qualco-Sunlands) Control Act 2000, the Local Government Act 1934, the Mining Act 1971, the National Parks and Wildlife Act 1972, the Native Vegetation Act 1991, the Parliamentary Committees Act 1991, the Pastoral Land Management and Conservation Act 1989, the Petroleum Act 2000, the River Murray Act 2003, the South Eastern Water Conservation and Drainage Act 1992 and the Subordinate Legislation Act 1978; to repeal the Animal and Plant Control (Agricultural Protection and Other Purposes) Act 1986, the Soil Conservation and Land Care Act 1989 and the Water Resources Act 1997; and for other purposes.

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 Hon I F Evans, that the debate be adjourned until tomorrow.

 

21      Postponement of business

Ordered, severally - That Orders of the Day: Government Business Nos 1 and 2 be postponed and taken into consideration after Order of the Day: Government Business No 4.

 

22      Liquor Licensing (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.

         Question put.

 

 

         House divided (No 3):

 

           Ayes, 29

           Noes, 13

 

 

Mr Brindal

Ms Bedford

Mr Brokenshire

Ms Breuer

Hon D C Brown

Mr Caica

Hon M R Buckby

Ms Chapman

Mr Goldsworthy

Ms Ciccarello

Hon G M Gunn

Hon P F Conlon

Hon D C Kotz

Hon I F Evans

Hon W A Matthew

Hon K O Foley

Mr Meier

Mrs Hall

Mrs Penfold

Mr Hamilton-Smith

Mr Venning

Hon J D Hill

Mr Williams

Hon R G Kerin

Mr Scalzi (Teller)

Hon S W Key

 

Mr Koutsantonis

 

Hon J D Lomax-Smith

 

Mrs Maywald

 

Hon R J McEwen

 

Dr McFetridge

 

Mr O'Brien

 

Ms Rankine

 

Mr Rau

 

Mrs Redmond

 

Mr Snelling

 

Hon L Stevens

 

Ms Thompson

 

Hon J W Weatherill

 

Hon P L White

 

Hon M J Wright

 

Hon M J Atkinson (Teller)

 

 

         So it was resolved in the affirmative.

 

         Bill read a second time.

         Proceeded, by leave, to the third reading.

 

         Bill read a third time and passed.

 

23      Select Committee on the Cemetery Provisions of the Local Government Act - Motion to note

         Order of the Day read for the adjourned motion of Hon R B Such – That the Report be noted.

         Motion resumed.

         Debate ensued.

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

 

24      Adjournment

The Attorney-General moved - That the House do now adjourn.

Debate ensued.

Question put and passed.

House adjourned at 10.08 pm until tomorrow at 10.30 am.

 

____________

 

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

            For Wednesday 25 February 2004

 

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

 

Mr Hanna to move – That the Report of the Legislative Review Committee on Regulations made under the Controlled Substances Act 1984, No 172 of 2002, be noted.

 

 

Mr Hanna to move – That the Regulations under the Public Corporations Act 1993 entitled South Australian Athletics Stadium, made on 6 November 2003 and laid on the Table of this House on 11 November 2003, be disallowed.

 

Mr Caica to move – That the One Hundred and Ninety Eighth Report of the Public Works Committee on the Angaston Primary School Redevelopment, be noted.

 

            For Thursday 26 February 2004

 

Notice of Motion: Other Motions -

 

Mr O’Brien to move – That this House notes the difficult financial situation facing many small wineries and calls on the Howard Government to adopt Federal Labor Party Policy to replace the current State and Federal rebates for cellar door and mail order sales with a Wine Equalisation Tax exemption for all wineries set at an appropriate volume threshold for domestic sales.

 

Contingent Notice of Motion

 

Contingently on the Order of the Day being read for the adjourned debate on the second reading of the Environment Protection (Plastic Shopping Bags) Bill, the Minister for Environment and Conservation to move – That all words after the word “be” be left out and the words “withdrawn and referred to the Environment Resources and Development Committee for its report and recommendation” be inserted in lieu thereof.

 

 

 

____________

 

 

Present during the day - All Members except the Premier (Hon M D Rann), Mrs Geraghty.

 

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

 

         Division No 1 -

               Ayes – Premier (Hon M D Rann), Mrs Geraghty, Minister for Social Justice (Hon S W Key).

               Noes – Leader of the Opposition (Hon R G Kerin), Dr McFetridge, Mr Goldsworthy.

 

         Division No 2 -

               Ayes - Leader of the Opposition (Hon R G Kerin), Dr McFetridge, Hon D C Brown.

               Noes - Premier (Hon M D Rann), Mrs Geraghty, Minister for Social Justice (Hon S W Key).

 

 

 

 

 

                                                                                                                        Peter Lewis

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY