No. 32

 

                  VOTES AND PROCEEDINGS

 

                         OF THE

 

                    HOUSE OF ASSEMBLY

 

 

                                            

 

 

                                                                           TUESDAY 24 NOVEMBER 1992

 

 

 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. 15

                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. 65 of 1992 - An Act to amend the State Lotteries Act 1966 and to repeal the Soccer Football Pools Act 1981.

                No. 66 of 1992 - An Act to amend the Friendly Societies Act 1992.

                No. 67 of 1992 - An Act to provide for the protection of fruit and plants from disease; to repeal the Fruit and Plant Protection Act 1968, the Fruit and Vegetables (Prevention of Injury) Act 1927, the Fruit Fly Act 1947 and the Sale of Fruit Act 1915; to make consequential amendments to the Phylloxera Act 1936; and for other purposes.

                No. 68 of 1992 - An Act to amend the Waterworks Act 1932.

                No. 69 of 1992 - An Act to amend the Benefit Associations Act 1958, the Construction Industry Long Service Leave Act 1987, the Judges' Pensions Act 1971, the Motor Vehicles Act 1959, the Parliamentary Superannuation Act 1974, the Police Superannuation Act 1990, the Superannuation Act 1988 and the Workers Rehabilitation and Compensation Act 1986.

                No. 70 of 1992 - An Act to amend the Acts Interpretation Act 1915.

                No. 71 of 1992 - An Act to amend the Business Franchise (Petroleum Products) Act 1979, the Commercial Motor Vehicles (Hours of Driving) Act 1973, the Dangerous Substances Act 1979, the Education Act 1972, the Explosives Act 1972, the Financial Institutions Duty Act 1983, the Food Act 1985, the Industrial Relations Act (S.A.) 1972, the Land Tax Act 1936, the Lifts and Cranes Act 1985, the Liquor Licensing Act 1985, the National Parks and Wildlife Act 1972, the Noise Control Act 1976, the Pastoral Land Management and Conservation Act 1989, the Pay-roll Tax Act 1971, the Public and Environmental Health Act 1987, the South Australian Metropolitan Fire Service Act 1936, the Stamp Duties Act 1923, the Tobacco Products Control Act 1986, the Unclaimed Moneys Act 1891 and the Valuation of Land Act 1971.

                No. 72 of 1992 - An Act to amend the Expiation of Offences Act 1987 and to make related                   amendments to the Acts Interpretation Act 1915.

                No. 73 of 1992 - An Act to amend the Criminal Law (Sentencing) Act 1988 and the Motor Vehicles Act 1959.

 

 

                No. 74 of 1992 - An Act to provide for the giving of further information in relation to suspect transactions reported under the Financial Transaction Reports Act 1988 of the Commonwealth and the giving of information in relation to other suspect transactions and for related purposes.

                Government House, Adelaide, 24 November 1992                                         R.F. Mitchell, GOVERNOR

 

 3             Petitions Nos 106 and 107

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

 

                106    The Minister of Health, Family and Community Services (Hon M.J. Evans), from

                    1 103 residents of South Australia, requesting that the House urge the Government to retain surgical and obstetric services at the Southern District War Memorial Hospital.

 

                107    Mr Becker, from 20 residents of South Australia, requesting that the House urge the                  Government to maintain the curfew at the Adelaide Airport.

 

 4             Answers to questions

                Answers to questions on the Notice Paper Nos 61, 67, 101, 144, 148, 168, 169, 181, 210, 218, 222, 225, 227, 228, 231 to 233, 236, 238 and 249 and questions without notice were tabled by the Speaker.

 

 5             Papers

                The following Papers were laid on the Table:

 

                By the Premier (Hon. L.M.F. Arnold) -

                Reply to a question without notice asked of the Premier by the Leader of the Opposition relating to Public Servant Classification Levels.

 

                By the Treasurer (Hon. F.T. Blevins) -

                Stamp Duties Act 1923 - Regulations - Transfer of Property.

 

                By the Minister of Housing, Urban Development and Local Government Relations

                    (Hon. G.J. Crafter) -

                Road Block Establishment Authorisations and Dangerous Area Declarations - 20 July to 19                               October 1992.

                Trustee Act 1936 - Regulations - A.O.T.C.

 

                By the Minister of Environment and Land Management (Hon. M.K. Mayes) -

                Carrick Hill Trust - Report, 1991-92.

                Environmental Protection Council - Report, 1991-92.

                Clean Air Act 1984 - Regulations - Burn Off Exclusions.

 

                By the Minister of Emergency Services (Hon. M.K. Mayes) -

                Police Superannuation Board - Report, 1991-92.

 

                By the Minister of Education, Employment and Training (Hon. S.M. Lenehan) -

                Children's Services Office - Report, 1991-92.

                Industrial and Commercial Training Commission - Report, 1991-92.

                Education Act 1972 - Regulations - Suspension, Exclusion and Expulsion.

                Senior Secondary Assessment Board of South Australia Act 1983 - Regulations - Subject                  Fees.

 

                By the Minister of Public Infrastructure (Hon. J.H.C. Klunder) -

                Electricity Trust of South Australia Superannuation Scheme - Report, 1991-92.

 

 

 

                By the Minister of Labour Relations and Occupational Health and Safety

                    (Hon. R.J. Gregory) -

                Occupational Health, Safety and Welfare Act 1986 - Regulations - Use of Plant.

 

                By the Minister of Business and Regional Development (Hon. M.D. Rann) -

                Department of Marine and Harbors - Report, 1991-92.

                Metropolitan Taxi-Cab Board - Report, 1991-92.

                National Road Transport Commission - Report, 1991-92.

 

                By the Minister of Health, Family and Community Services (Hon. M.J. Evans) -

                Chiropractors Board of South Australia - Report, 1991-92.

                Committee Appointed to Examine and Report on Abortions Notified in South Australia -                    Report, 1991-92.

                Foundation South Australia - Report, 1991-92.

 

                By the Minister of Primary Industries (Hon. T.R. Groom) -

                Department of Fisheries - Report, 1991-92.

                Animal and Plant Control (Agricultural Protection and Other Purposes) Act 1986 -                                Regulations - Various.

                Fisheries Act 1982 - Regulations - Recreational Fees.

                Seeds Act 1979 - Regulations - Fees.

 

 6             Social Development Committee - Report

                Mr Heron brought up the First Report of the Social Development Committee relating to                       the Social Implications of Population Change in South Australia (Paper No. 177).

                Report received.

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

 

 7             Suspension of Standing Orders

                Hon. D.C. Brown, without notice, moved - That Standing Orders be so far suspended as to enable him to move a motion without notice, forthwith.

                Question put and passed, without a negative voice, there being present an absolute

                    majority of the whole number of Members of the House.

 

                Limitation of debate

                The Deputy Premier (Hon. F.T. Blevins) moved - That the time allotted for this motion be                    two hours.

                Question put and passed.

 

                State Bank Royal Commission First Report - Motion re

                Hon. D.C. Brown then moved - That this House -

                    1.  endorses the Report of the State Bank Royal Commissioner on his first term of reference;

                    2.  recognises that to a very significant degree, the current Premier and his Government, and not just the Member for Ross Smith, must accept responsibility for the unprecedented losses of the State Bank Group, currently estimated at $3 150 million, particularly in view of the fact that -

                               (a) 9 of the 13 members of the current Cabinet have been Ministers since Parliamentary questioning of the Bank, described by the Commissioner as "searching", began in February 1989;

                               (b)     the Royal Commissioner's Report identifies the Government's failure to strengthen the Board and the Government's encouragement of the Bank putting "stability at risk in pursuit of growth" as crucial factors contributing to the losses of the Bank;

 

 

 

 

 

 

                               (c) at all relevant times, the current Premier was aware of the need to strengthen the Bank Board and for the Bank to curtail its rapid growth;

                    3.  notes the current Premier and the Government refuse to accept any responsibility; and

                    4.  accordingly, calls on the Premier and the Government to give South Australians an opportunity to pass judgment on their performance by agreeing to hold a State Election on March 13 1993 - this being the first date upon which the Premier can advise an election pursuant to section 28 (a) (1) of the Constitution Act.

                Debate ensued.

                The Premier moved to leave out all words after the word "House" and insert in lieu thereof                                 the words:

                    "notes -

                    (a) the first report of the Royal Commission into the State Bank of South Australia which deals with the relationship and communications between the State Bank and the Government;

                    (b)     that the Commissioner in his concluding commentary states that "it is not part of the current enquiry on the first Term of Reference to assign blame or apportion responsibility for the disaster that overtook the Bank";

                    (c) that the Commissioner has yet to report on his second and third Terms of Reference which may deal with proposals to amend the legislation governing the Bank and the relationship between the Board, the Chief Executive Officer and the Bank respectively.

                    (d)     that the Auditor-General has yet to report on his Terms of Reference which require him, amongst other things, to report on the causes of the financial difficulties of the Bank;

                    (e) that these matters will be the subject of further consideration by this House when those enquiries have been completed; and

                The House further notes Government action that has been undertaken, in particular,

                    .    that the former Treasurer has accepted responsibility as the Minister responsible and resigned, thereby discharging the proper conventions of Government;

                    .    that the former Chief Executive Officer of the Bank has resigned;

                    .    that members of the Board of the Bank as comprised at the time of the revelations of the Bank's financial difficulties have now all resigned;

                    .    that the former Under Treasurer, who held that position during material times, has since retired;

                    .    that the Government has taken significant steps to ensure the stability of the Bank, including:

                          .    a restructuring of the State Bank Board and management.

                          .    a significant upgrading of the Bank's reporting requirements and the flow of information between the Bank and the Government.

                          .    the attendance of the Under Treasurer or representative at all Bank Board meetings.

                          .    the instigation of regular meetings between senior Bank and Treasury officers.

                          .    the transfer of non-performing assets to the control of the Government, thereby putting the profitable core operations of the Bank on a much sounder basis.

                          .    a major restructuring of the Bank's retail operations.

                          .    the absorption into the Bank of Beneficial Finance Corporation and Ayers Finniss.

                          .    formalising supervision by the Reserve Bank of Australia of the Bank's activities to remedy previously inadequate arrangements.

                    .    that the new State Bank has been given a clear mission statement with its goal for the future to become a commercially based regional bank, offering major benefit to the people of South Australia;

                    .    that these reforms will significantly reduce this State's exposure to risk.

                Debate continued.

                Question - That the amendment be agreed to - put.


 

 

                House divided (No. 1):

                    Ayes, 23.                          Noes, 23.

                    Mr Atkinson

                    Hon. J.C. Bannon

                    Hon. F.T. Blevins

                    Hon. G.J. Crafter

                    Mr De Laine

                    Hon. M.J. Evans

                    Mr Ferguson

                    Hon. R.J. Gregory

                    Hon. T.R. Groom

                    Mr Hamilton

                    Hon. T.H. Hemmings

                    Mr Heron

                    Mr Holloway

                    Hon. D.J. Hopgood

                    Mrs Hutchison

                    Hon. J.H.C. Klunder

                    Hon. S.M. Lenehan

                    Mr McKee

                    Hon. M.K. Mayes

                    Mr Quirke

                    Hon. M.D. Rann

                    Hon. J.P. Trainer

                    Hon. L.M.F. Arnold (Teller)

Hon. H. Allison

Dr Armitage

Hon. P.B. Arnold

Mr D.S. Baker

Mr S.J. Baker

Mr Becker

Mr Blacker

Mr Brindal

Hon. J.L. Cashmore

Hon. B.C. Eastick

Mr S.G. Evans

Mr Gunn

Mr Ingerson

Mrs Kotz

Mr Lewis

Mr Matthew

Mr Meier

Mr Olsen

Mr Oswald

Mr Such

Mr Venning

Hon. D.C. Wotton

Hon. D.C. Brown (Teller)

 

                Casting Vote

                The number of Ayes and Noes being equal, the Speaker gave his casting vote for the Ayes.

                So it was resolved in the affirmative.

                Question - That the motion, as amended, be agreed to - put.


                House divided (No. 2):

                    Ayes, 23.                                                                                             Noes, 23.

                    Mr Atkinson

                    Hon. J.C. Bannon

                    Hon. F.T. Blevins

                    Hon. G.J. Crafter

                    Mr De Laine

                    Hon. M.J. Evans

                    Mr Ferguson

                    Hon. R.J. Gregory

                    Hon. T.R. Groom

                    Mr Hamilton

                    Hon. T.H. Hemmings

                    Mr Heron

                    Mr Holloway

                    Hon. D.J. Hopgood

                    Mrs Hutchison

                    Hon. J.H.C. Klunder

                    Hon. S.M. Lenehan

                    Mr McKee

                    Hon. M.K. Mayes

                    Mr Quirke

                    Hon. M.D. Rann

                    Hon. J.P. Trainer

                    Hon. L.M.F. Arnold (Teller)

Hon. H. Allison

Dr Armitage

Hon. P.B. Arnold

Mr D.S. Baker

Mr S.J. Baker

Mr Becker

Mr Blacker

Mr Brindal

Hon. J.L. Cashmore

Hon. B.C. Eastick

Mr S.G. Evans

Mr Gunn

Mr Ingerson

Mrs Kotz

Mr Lewis

Mr Matthew

Mr Meier

Mr Olsen

Mr Oswald

Mr Such

Mr Venning

Hon. D.C. Wotton

Hon. D.C. Brown (Teller)

 

                Casting Vote

                The number of Ayes and Noes being equal, the Speaker gave his casting vote for the Ayes.

                So it was resolved in the affirmative.

 

 8             Message from the Legislative Council

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

 

                Workers Rehabilitation and Compensation (Miscellaneous)

                    Amendment Bill                                                                              Message No. 50

                MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled

                    an Act to amend the Workers Rehabilitation and Compensation Act 1986, without any amendment.

                Legislative Council, 19 November 1992                                                            G.L. Bruce, PRESIDENT

 

 9             Limitation of debate

                The Deputy Premier moved - That the time allotted for:

                (a)     completion of the -

                          Dried Fruits (Extension of Term of Office) Amendment Bill;

                          Firearms (Miscellaneous) Amendment Bill;

                          The Flinders University of South Australia (Miscellaneous) Amendment Bill;

                          Public Finance and Audit (Miscellaneous) Amendment Bill;

                          Construction Industry Training Fund Bill;

                          Statutes Amendment (Chief Inspector) Bill;

                          Local Government (Financial Management) Amendment Bill;

                          Parliamentary Committees (Publication of Reports) Amendment Bill; and

 

 

                (b)     consideration of the amendments of the Legislative Council in the Ambulance Services Bill,

                be until 6.00 p.m. on Thursday next.

                Question put and passed.

 

10           Legislative Review Committee - Leave to sit during sitting of House

                The Deputy Premier, by leave, moved - That the Legislative Review Committee have leave

                    to sit during the sitting of the House today.

                Question put and passed.

 

11           Wine Grapes Industry (Indicative Prices) Amendment Bill

                The Minister of Primary Industries, pursuant to notice, moved - That he have leave to

                    introduce a Bill for an Act to amend the Wine Grapes Industry Act 1991.

                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 Mr D.S. Baker, that the debate be adjourned until tomorrow.

 

12           Postponement  of business

                Ordered - That Order of the Day (Government Business) No.1 be an Order of the Day for                    tomorrow.

 

13           Postponement of business

                Ordered - That Orders of the Day (Government Business) Nos 2 to 6 be postponed

                    and taken into consideration after Order of the Day (Government Business) No. 7.

 

14           Dried Fruits (Extension of Term of Office) Amendment Bill

                Order of the Day read for the adjourned debate on the question - That the Dried Fruits

                    (Extension of Term of Office) Amendment Bill be now read a second time.

                Debate resumed.

                Question put and passed.

 

                Bill read a second time.

 

                                                                                            In Committee

                                                             Clauses Nos 1 and 2 agreed to.

                                                             Title agreed to.

 

                                                                                                                      

 

                The House having resumed:

                Mr Ferguson 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.

 

15           Postponement of business

                Ordered - That Orders of the Day (Government Business) Nos 2 and 3 be postponed and

                    taken into consideration after Order of the Day (Government Business) No.5.                  

16           The Flinders University of South Australia (Miscellaneous) Amendment Bill

                Order of the Day read for the adjourned debate on the question - That The Flinders

                    University of South Australia (Miscellaneous) Amendment Bill be now read a second time.

 

 

                Debate resumed.

                Question put and passed.

 

                Bill read a second time.

                By leave, House proceeded to the third reading.

 

                Bill read a third time and passed.

 

17           Firearms (Miscellaneous) Amendment Bill

                Order of the Day read for the adjourned debate on the question - That the Firearms

                    (Miscellaneous) Amendment Bill be now read a second time.

                Debate resumed.

 

18           Messages from the Legislative Council

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

 

                Supported Residential Facilities Bill                                                                              Message No. 51

                MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled

                    an Act to make provision in relation to the care of persons in certain residential facilities; to make related amendments to the Mental Health Act 1977 and the South Australian Health Commission Act 1976; 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, 24 November 1992                                                            G.L. Bruce, PRESIDENT

 

                                                 Schedule of the amendments made by the Legislative Council

                No. 1     Page 3, lines 39 to 41 (clause 4) - Leave out paragraph (e).

                No. 2     Page 4, lines 3 to 6 (clause 4) - Leave out subsections (3) and (4).

                No. 3     Page 4, (clause 4) - After line 11 insert new paragraphs as follow:-

                               “(5a)  Without limiting the operation of subsection (5), the Minister may, by notice in the Gazette,  confer an exemption from this Act in relation to Commonwealth subsidised nursing homes or aged care hostels if he or she is satisfied as to the adequacy of Commonwealth monitoring of outcome standards for residents.

                                (5b)  Subsection (5a) is subject to the qualification that the Minister may, by notice in the Gazette,  determine that an exemption conferred under that subsection does not apply in relation to particular premises specified in the notice.

                                (5c)   The Minister may, at any time, by further notice in the Gazette, revoke a determination under subsection (5b).”

                No. 4     Page 4, line 12 (clause 4) - After “subsection (5)” insert “or (5a)”.

                No. 5     Page 4, line 15 (clause 4) - After “subsection (5)” insert “or (5a)”.

                No. 6     Page 7, line 32 (clause 11) - Leave out “12” and insert “13”.

                No. 7     Page 8 (clause 11) - After line 8 insert new paragraph as follows:-

                               “(da)  one will be a legally qualified medical practitioner nominated by the                                                               Minister.”

                                                             J.M. Davis, CLERK OF THE LEGISLATIVE COUNCIL

 

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

 

                Dangerous Substances (Equipment and Permits) Amendment Bill          Message No. 52

                MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Dangerous Substances Act 1979, without any amendment.

                Legislative Council, 24 November 1992                                                            G.L.Bruce, PRESIDENT

                         

 

 


19           Firearms (Miscellaneous) Amendment Bill

                Debate (interrupted by receipt of the foregoing Messages) resumed.

 

                Leave to continue remarks refused

                Mr Meier, having asked leave to continue his remarks and objection being taken:

                Debate continued.

 

20           Message from the Legislative Council

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

 

                Construction Industry Long Service Leave (Miscellaneous)

                    Amendment Bill                                                                              Message No. 53

                MR SPEAKER - The Legislative Council insists on its amendments in the Construction

                    Industry Long Service Leave (Miscellaneous) Amendment Bill to which the House of Assembly has disagreed.  The Bill is returned herewith.

                Legislative Council, 24 November 1992                                                            G.L. Bruce, PRESIDENT

 

                Ordered - That the Message be taken into consideration forthwith.

 

                                                                                            In Committee

                Resolved - That the disagreement to the Legislative Council's Amendments Nos 1 to 4 be

                    insisted on.

 

                                                                                                                 

 

                The House having resumed:

                Mr Ferguson reported that the Committee had considered the Message referred to it and

                    had resolved to insist on its disagreement to the Legislative Council's amendments.

 

                Conference

                The Minister of Labour Relations and Occupational Health and Safety moved - That a Message be sent to the Legislative Council requesting that a Conference be granted to this House respecting certain amendments of the Legislative Council in the Construction Industry Long Service Leave (Miscellaneous) Amendment Bill and that the Legislative Council be informed that, in the event of such a Conference being agreed to, this House will be represented at such Conference by five Managers; and that Messrs Brindal, Ferguson, Ingerson, McKee and the mover be Managers of the Conference on the part of this House.

                Question put and passed.

 

21           Extension of time for adjournment

                The Minister of Labour Relations and Occupational Health and Safety moved - That the

                    time for moving the adjournment of the House be extended beyond 10.00 p.m.

                Question put and passed.

 

22           Firearms (Miscellaneous) Amendment Bill

                Debate (interrupted by the foregoing) resumed.

                Question put and passed.

 

                Bill read a second time.

                                                                                            In Committee

                                                             Clauses Nos 1 and 2 agreed to.

                                                             Clause No.3 read.

 

 

 

 

                Mr Matthew moved on page 2, lines 1 to 3, to leave out the definition of "pistol" and insert in lieu thereof the following:

                    '"pistol" means a firearm the barrel of which is less than 400 millimetres in length

                    and that is designed or adapted for aiming and firing from one hand and is reasonably capable of being carried concealed about the person:'

                Question put and negatived.

                                                             Clause otherwise amended and agreed to.

                                                             Clauses Nos 4 and 5 agreed to.

                                                             Clause No.6 amended and agreed to.

                                                             Clause No.7 read.

                Mr Matthew moved on page 3, after line 26, to insert new subsection as follows:

                    "(8a) The Registrar cannot -

                               (a) restrict the classes of firearms to which a licence relates;

                               (b) vary or revoke a purpose endorsed on a licence;

                               (c) vary a licence condition,

                on his or her initiative under subsection (8) without the approval of the consultative

                    committee".

                Question put and negatived.

                                                             Clause agreed to.

                                                             Clause No.8 agreed to.

                                                             Clause No.9 read.

                Mr Matthew moved on page 4, after line 9, to insert new paragraph as follows:

                    '(ba) by striking out from subsection (3) "of the relevant firearm" and substituting

                    "of a firearm of that class".'

                Question put and negatived.

                                                             Clause agreed to.

                                                             Clause No.10 read.

                    To report progress and ask leave to sit again.

 

                                                                                                                         

 

                The House having resumed:

                Mr Ferguson 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 on motion.              

 

23           Suspension of Standing Orders

                The Minister of Emergency Services, without notice, moved - That Standing Orders be so                  far suspended as to enable the House to sit beyond midnight.

                Question put and passed, without a negative voice, there being present an absolute

                    majority of the whole number of Members of the House.

 

24           Messages from the Legislative Council

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

 

                Motor Vehicles (Confidentiality) Amendment Bill                                                       Message No. 54

                MR SPEAKER - The Legislative Council has agreed to the amendment made by the House of Assembly in the Motor Vehicles (Confidentiality) Amendment Bill, without any amendment.

                Legislative Council, 24 November 1992                                                            G.L. Bruce, PRESIDENT

 

 

 

 

 

 

 

                Superannuation (Benefit Scheme) Bill                                                                           Message No. 55

                MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to provide superannuation benefits on a non-contributory basis for persons employed in the public sector; 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, 24 November 1992                                                            G.L. Bruce, PRESIDENT

 

                                                 Schedule of the amendments made by the Legislative Council

                No. 1     Page 8, line 13 (clause 9) - Leave out “be paid to the member or”.

                No. 2     Page 11, lines 37 and 38 (clause 15) - Leave out all words in these lines and insert the following:-

                               “(2)    Where the member had fulfilled the requirements for membership of the scheme under section 4 for an uninterrupted period -

                                              (a) that included the last three complete financial years before termination of the member’s employment;

                                                        and

                                              (b)     that extended up to the termination of the member’s employment, the”.

                No. 3     Page 12, line 6 (clause 15) - After “three” insert “complete”.

                No. 4     Page 14, lines 6 and 7 (clause 16) - Leave out all words in these lines and insert the following:-

                               “(3)    Where the deceased member had fulfilled the requirements for membership of the scheme under section 4 for an uninterrupted period -

                                              (a) that included the last three complete financial years before the member’s death;

                                                        and

                                              (b)     that extended up to the member’s death, the future service”.

                No. 5     Page 14, line 12 (clause 16) - After “three” insert “complete”.

                                                             J.M. Davis, CLERK OF THE LEGISLATIVE COUNCIL

 

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

 

                Superannuation (Scheme Revision) Amendment Bill                                                  Message No. 56

                MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Superannuation Act 1988, with the amendments indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

                Legislative Council, 24 November 1992                                                            G.L. Bruce, PRESIDENT

 

                                                 Schedule of the amendments made by the Legislative Council

                No. 1     Page 14, line 12 (clause 16) - Leave out “at retirement” and insert “at the age of retirement”.

                No. 2     Page 14, line 14 (clause 16) - Leave out “at retirement” and insert “at the age of retirement”.

                No. 3     Page 23, lines 30 to 32 (clause 23) - Leave out subclause (3) and insert new subclause as follows:-

                               “(3)    Where conditions limiting the payment of benefits applied in relation to the contributor under the old scheme the same conditions will, if they can be applied without modification, apply in relation to the contributor under the new scheme, but if not the Board will apply conditions that are, in its opinion, appropriate limiting the payment of benefits to or in relation to, the contributor under the new scheme.”

                                                             J.M. Davis, CLERK OF THE LEGISLATIVE COUNCIL

 

 


 

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

 

25           Firearms (Miscellaneous) Amendment Bill

                Ordered - That the further consideration in Committee of the Firearms (Miscellaneous)                        Amendment Bill be now resumed.

 

                                                                                            In Committee

                                                             Clause No. 10 further considered, amended and agreed to.

                Mr Matthew moved on page 4, after line 36, to insert new Clause No. 10a as follows:

                10a Records Section 18 of the principal Act is amended by striking out from paragraph (a)                  "or ammunition".

                Question put and negatived.

 

                                                                                                                           

 

                                                                                      It being 12 midnight:

                                                                        WEDNESDAY 25 NOVEMBER 1992

                                                                                                                           

 

                                                             Clauses Nos 11 to 13 agreed to.

                                                             Clause No. 14 read.

                Mr Matthew moved on page 5, lines 38 and 39, to leave out all words in these lines and                      insert in lieu thereof the following:

                14. Section 21b of the principal Act is amended -

                    (a) by striking out paragraph (a) of subsection (1) and substituting the following paragraph:

                               (a) a firearms licence;

                               (b)     by striking out from parargraph (b) of subsection (1) "of that kind";

                               (c) by striking out from paragraph (a) of subsection (3) "of the kind that may be acquired under the permit";

                               (d)     by striking out from paragraph (a) of subsection (5) "that authorises possession of a firearm designed to fire that ammunition";

                               (e) by inserting after paragraph (d) of subsection (6) the following paragraph:"

                Question put and negatived.

                                                             Clause agreed to.

                                                             Clause No. 15 read.

                Mr Matthew moved on page 6, lines 3 to 17, to leave out all words in these lines and insert                                in lieu thereof the following:

                    "(a)    by striking out subsections (1) and (2) and substituting the following subsection:

                               (1) A person aggrieved by a decision of the Minister, the Registrar or the consultative committee may appeal against the decision to a magistrate sitting in chambers;

                     (b)    by striking out from paragraph (b) of subsection (3) "Registrar" and substituting "Minister, Registrar or committee".

                Question put and negatived.

                                                             Clause agreed to.

                                                             Clause No. 16 agreed to.

                                                             New Clauses Nos 16a and 16b inserted.

                                                             Clauses Nos 17 to 19 agreed to.

                                                             Clause No. 20 amended and agreed to.

                                                             Clauses Nos 21 to 23 agreed to.

                                                             Clauses Nos 24 and 25 amended and agreed to.

                                                             Schedule agreed to.

                                                             Title agreed to.

                                                                                                                        

 

 

                The House having resumed:

                Mr Ferguson reported that the Committee had considered the Bill referred to it and had                       agreed to the same with amendments.

 

                Bill read a third time and passed.

 

26           Messages from the Legislative Council

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

 

                Construction Industry Long Service Leave (Miscellaneous)

                    Amendment Bill                                                                              Message No. 57

                MR SPEAKER - The Legislative Council has, in reply to Message No. 66  from the House of Assembly, agreed to grant a Conference on the Construction Industry Long Service Leave (Miscellaneous) Amendment Bill, as requested by the House of Assembly.  The Legislative Council has named the hour of twelve noon on Wednesday 25 November 1992, to receive Managers on behalf of the House of Assembly, at the Conference Room of the Legislative Council.

                Legislative Council, 24 November 1992                                                            G.L. Bruce, PRESIDENT

 

                Ordered - That a Message be sent to the Legislative Council agreeing to the time and place appointed by the Council.

 

                Dairy Industry Bill                                                                             Message No. 58

                MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to regulate the dairy industry; to establish the Dairy Authority of South Australia; to repeal the Dairy Industry Act 1928 and the Metropolitan Milk Supply Act 1946; 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, 24 November 1992                                                            G.L. Bruce, PRESIDENT

 

                                                 Schedule of the amendments made by the Legislative Council

                No. 1     Page 5, lines 18 and 19 (clause 11) - Leave out “and, if the votes are equal, the member presiding at the meeting may exercise a casting vote”.

                No. 2     Page 7 (clause 15) - After line 10 insert new subclause as follows:-

                               “(3)    The Authority must arrange for the audit of any money collected and paid under section 23(3) and ensure that the farm gate price is paid under a price equalisation scheme.”

                No. 3     Page 9 - After line 13 insert new clause as follows:-

                               "22a. Application of Division This Division applies only to milk of a bovine animal

                                          or dairy produce processed from milk of a bovine animal.”

                No. 4     Page 10 - After line 25 insert new clause as follows:-

                               "25a. Application of Division This Division applies only to dairy produce processed

                                          from milk of a bovine animal.”

                                                             J.M. Davis, CLERK OF THE LEGISLATIVE COUNCIL

 

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

 

27           Adjournment

                House adjourned at 12.44 a.m. until today at 2.00 p.m.

                                                                                                                        

 

                                                               MOTIONS OF WHICH NOTICE WAS GIVEN

 

For Wednesday 25 November 1992

                Notices of Motion: Government Business -

 

The Minister of Environment and Land Management to move - That he have leave to introduce a Bill for an Act to amend the Dog Control Act 1979.

 

 

The Minister of Health, Family and Community Services to move - That he have leave to introduce a Bill for an Act to deal with consent to medical treatment; to regulate medical practice so far as it affects the care of the dying; to repeal the Natural Death Act 1983 and the Consent to Medical and Dental Procedures Act 1984; and for other purposes.

 

The Minister of Health, Family and Community Services to move - That he have leave to introduce a Bill for an Act to amend the Public and Environmental Health Act 1987.

 

                Notice of Motion: Private Members Bills -

 

Mr Venning to move - That he have leave to introduce a Bill for an Act to amend the Stamp Duties Act 1923.

 

                Notices of Motion: Other Motions -

 

Mr Matthew to move - That this House instructs the Minister of Environment and Land Management not to proceed with the private sale of land known as "Hardy's Block" on The Esplanade at Seacliff and owned by the Coastal Protection Board.

 

Hon. J.P. Trainer to move - That this House condemns the opportunistic, unsolicited and unwelcome attempt by the Campbell's Soup Company of America to take over Arnotts Limited of Australia in an effort to gain control of what Campbell's President described as "Those fabulous brands (those) precious jewels that we see incredible value in" as a basis for Campbell's expansion into Asia to benefit American shareholders regardless of the impact of its takeover on Australian employees of Arnotts, including those working in the Marleston biscuit plant.

 

Mr Venning to move - That this House notes the recently released Organisation Development Review Report of the Department of Agriculture but has great concern at the intended closure of nine regional offices vital to extension services in rural South Australia.

 

                                                                      CONTINGENT NOTICE OF MOTION

 

Contingently on the Public Finance and Audit (Miscellaneous) Amendment Bill being read a second time, Mr S.J. Baker to move - That it be an instruction to the Committee of the whole House on the Bill that it have power to divide the Bill into two Bills, one Bill comprising clauses 1 to 3, 6 and 8 to 20 and the other comprising clauses 4, 5 and 7, and to report the two Bills separately.

 

 

                                                                                                                         

 

Present during the day - All the Members.

 

 

 

 

 

 

                                                                                                                                                                N.T. Peterson

                                                                                                                                                                SPEAKER

 

G.D. Mitchell

CLERK OF THE HOUSE OF ASSEMBLY