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No 32

 

 

VOTES AND PROCEEDINGS

 

 

OF

 

 

HOUSE OF ASSEMBLY

 

___________

 

 

WEDNESDAY 5 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          Pentions Nos 75 to 78

The Clerk announced that the following Members had lodged Petitions for

 

75    Minister of [lousing and Construction (Hon. M.K. Mayes), from 128 residents of South Australia, requesting that the House urge the Government not to require the independent fencing of swimming pools.

 

76    Dr Armitage, from 437 residents of South Australia, requesting that the House urge the Government to review the funding for the AIDS Council and the use of the poster entitled Touching.

 

77    Mrs Kotz, from 207 residents of South Australia, requesting that the [louse urge the Federal Government to review services provided for the visual and hearing impaired.

 

78    Mr Oswald, from 31 residents of South Australia, requesting that the House urge the Federal Government not to adopt the United Nations Convention on the Rights of Children before a full public debate.

 

3          Answer to a question

An answer to a question without notice was tabled by the Speaker.

 

4          Paper

The following paper was laid on the Table by the Minister of Health Hon. D.J. Hopgood) -

 

The St John Council for South Australia - Memo - Christmas Day Carries.

 

5          Joint Committee on Subordinate Legislation - Minutes of Proceedings

Mr McKee, by leave, brought up the Joint Committee on Subordinate Legislation Minutes of Proceedings of S December.

Minutes received.

 

 


brought up the Fourth Report, (Second Session) 1990 of the Joint Committee on Subordinate Legislation.

Report received and read as follows:

The Regulations listed hereunder are at present being considered by the Joint Committee on Subordinate Legislation.  Evidence is being taken on these matters 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 Regulations, the Committee may decide to take no further action.

Regulations referred to:

South Australian Health Commission Act  ‑

        Outpatient Fees;

        Pharmaceutical Fees.

 

7          Questions

Questions without notice were asked.

 

8          Messages from the Legislative Council

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

 

Local Government Act Amendment Bill                                                                             Message No. 41

MR SPEAKER ‑ The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Local Government Act, 1934, to which it desires the concurrence of the House of Assembly.

Legislative Council, 4 December 1990                                                  G.L. Bruce, PRESIDENT

 

Bill read a first time.

The Minister of Employment and Further Education (Hon. M.D. Rann) moved ‑  That this Bill be now read a second time.

Ordered, on motion of Mr Matthew, that the debate be adjourned and resumed on motion.

 

Renmark Irrigation Trust Act Amendment Bill                                                              Message No. 42

MR SPEAKER ‑ The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Renmark Irrigation Trust Act, 1936, without any amendment.

Legislative Council, 4 December 1990                                                  G.L. Bruce, PRESIDENT

 

9          Citrus Industry Organization Act Amendment Bill

The Minister of Agriculture (Hon. L.M.F. Arnold), pursuant to notice, moved ‑ That he have leave to introduce a Bill for an Act to amend the Citrus Industry Organization Act, 1965.

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 Meier, that the debate be adjourned and resumed on motion.

 

10       Postponement of business

Ordered ‑ That Notice of Motion (Government Business) No. 2 be a Notice of Motion for Tuesday next.


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11       Postponement of business

Ordered ‑ That Notice of Motion (Government Business) No. 3 be a Notice of Motion for tomorrow.

 

12       Land Agents, Brokers and Valuers Act Amendment Bill

Order of the Day read for the adjourned debate on the question ‑ That the Land Agents, Brokers and Valuers 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.

                                                                    Clause No. 6 amended and agreed to.

                                                                    Clauses Nos 7 and 8 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 with an amendment.

 

Bill read a third time and passed.

 

13       Land Acquisition Act Amendment Bill

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

Debate resumed.

Question put and passed.

 

Bill read a second time.

 

Suspension of Standing Orders

Mr Gunn, without notice, moved ‑ That Standing Orders be so far suspended as to enable him to move an instruction without notice.

Question put and passed, without a negative voice, there being present an absolute majority of the whole number of the Members of the House.

 

Instruction to Committee

Mr Gunn then moved ‑ That it be an instruction to the Committee of the whole House on the Bill that it have power to consider a new clause relating to the right of appeal against acquisition.

Question put and passed.

 

In Committee

 

                                                                    Clauses Nos 1 and 2 agreed to.


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Mr Gunn moved on page 1, after line 13, to insert a new clause as follows:

2a.   Substitution of s. 12 Section 12 of the principal Act is    repealed and the following section is substituted:

12.  Right of appeal against acquisition (1) A person who has an interest in the subject land may ‑

        (a)   within 30 days after service of the notice of intention to acquire;

        or

        (b)   within 30 days after an explanation and details are furnished under section 11, whichever is the later, or within such longer period as may be allowed by the Court, appeal to the Court against the acquisition of the land.

        (2)   An appeal may be made on one or more of the following grounds:

(a)   that in view of the relative value of the land to the appellant and the Authority, or of any other relevant circumstance or combination of circumstances, the acquisition would be harsh or unreasonable;

        (b)   that the acquisition and the execution of the undertaking on the land would ‑

                (i)            seriously impair an area of scenic beauty;

                (ii)   destroy or adversely affect a site of architectural, historical or scientific interest;

                (iii)  create conditions seriously inimical to the conservation of flora or fauna that should, in the public interest, be conserved;

                or

                (iv)  adversely prejudice any other public interest.

        (3)   Upon hearing an appeal the Court may do one or more of the following:

                (a)   confirm the notice of intention to acquire with or without variation;

                (b)   direct that the Authority must comply with conditions specified by the Court if the Authority proceeds with its acquisition;

                (c)   direct the Authority not to proceed with the acquisition;

                and

                (d)   make ancillary orders as it thinks fit.

Question ‑ That the new clause be inserted in the Bill ‑ put.


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Committee divided (No. 1):

Ayes, 21.

Hon. H. Allison

Dr Armitage

Hon. P.B. Arnold

Mr S.J. Baker

Mr Becker

Mr Blacker

Mr Brindal

Hon. J.L. Cashmore

Hon. B.C. Eastick

Mr S.G. Evans

Hon. E.R. Goldsworthy

Mr Ingerson

Mrs Kotz

Mr Lewis

Mr Matthew

Mr Meier

Mr Oswald

Mr Such

Mr Venning

Hon. D.C. Wotton

Mr Gunn (Teller)

 

Noes, 22.

Hon. L.M.F. Arnold

Mr Atkinson

Hon. J.C. Bannon

Hon. F.T. Blevins

Mr De Laine

Mr Ferguson

Hon. R.J. Gregory

Mr Groom

Mr Hamilton

Hon. T.H. Hemmings

Mr Heron

Mr Holloway

Hon. D.J. Hopgood

Mrs Hutchison

Hon. J.H.C. Klunder

Mr McKee

Hon. M.K. Mayes

Hon. N.T. Peterson

Mr Quirke

Hon. M.D. Rann

Hon. J.P. Trainer

Hon. G.J. Crafter (Teller)

 

So it passed in the negative.

                                                                    Clauses Nos 3 and 4 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       Motor Vehicles Act Amendment Bill (No. 5)

Order of the Day read for the adjourned debate on the question ‑ That the Motor Vehicles Act Amendment Bill (No. 5) 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.

                                                                    Clause No. 3 read.

        To report progress and ask leave to sit again.

___________


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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 on motion.

 

15       Extension of time for adjournment

The Minister of Transport (Hon. F.T. Blevins) moved ‑ That the time for   moving the adjournment of the House be extended beyond 10.00 p.m.

Question put and passed.

 

16       Motor Vehicles Act Amendment Bill (No. 5)

Ordered ‑ That the further consideration in Committee of the Motor Vehicles Act Amendment Bill (No. 5) be now resumed.

 

In Committee

 

                                                                    Clause No. 3 further considered.

Question ‑ That the clause stand as printed ‑ put.

Committee divided (No. 2):

Ayes, 21.

Hon. L.M.F. Arnold

Mr Atkinson

Hon. J.C. Bannon

Hon. G.J. Crafter

Mr De Laine

Mr Ferguson

Hon. R.J. Gregory

Mr Groom

Mr Hamilton

Hon. T.H. Hemmings

Mr Heron

Mr Holloway

Mrs Hutchison

Hon. J.H.C. Klunder

Mr McKee

Hon. M.K. Mayes

Hon. N.T. Peterson

Mr Quirke

Hon. M.D. Rann

Hon. J.P. Trainer

Hon. F.T. Blevins (Teller)

 

Noes, 21.

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. T. Chapman

Hon. B.C. Eastick

Mr S.G. Evans

Hon. E.R. Goldsworthy

Mr Gunn

Mr Ingerson

Mrs Kotz

Mr Lewis

Mr Meier

Mr Such

Mr Venning

Hon. D.C. Wotton (Teller)

 

Casting Vote

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

So it was resolved in the affirmative.

                                                    Clause No. 4 read.

Hon. D.C. Wotton moved on page 1, lines 29 to 35, to leave out paragraphs (a) and (b) and insert in lieu thereof new paragraphs as follow:

        "(1a)       Subject to this section, the Registrar must ‑

         (a)  on application by the owner of a vintage motor vehicle (being a person who is a member of a car club approved by the Registrar);

        and


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(b)   on payment of the prescribed fee and appropriate insurance premium, issue to the owner of the vehicle a permit (referred to in this section as a "club permit") authorizing the vehicle to be driven on roads without registration.

(1b) The Registrar must not issue a club permit unless he or she is      satisfied that the motor vehicle in respect of which application for the permit has been made will not, if driven on a road, put the safety of persons using the road at risk.

(1c) A club permit is subject to the following conditions:

(a)   a condition limiting the use on a road of the motor vehicle to which the permit relates to ‑

(i)    the use of the vehicle in connection with official activities organized by or under the auspices of an association approved by the Registrar for the purposes of this section;

                or

(ii)   the use of the vehicle in connection with the preparation of the vehicle for such activities;

                and

(b)   any other condition that the Registrar thinks necessary to ensure that the safety of persons using a road on which the vehicle may be driven is not endangered.

        (1d) For the purposes of subsection (1a) ‑

(a)   "vintage motor vehicle" means a motor vehicle manufactured more than 25 years before the date of application for the club permit.;

(b)   by striking out paragraph (a) of subsection (2) and substituting the following paragraph:

                (a)   the registration or administration fee (if any) payable under the regulations;;

                (c)   by inserting after subparagraph (i) of paragraph (b) of subsection (7)           the following subparagraph:

(ia)  in the case of a permit under subsection (1a) ‑ on the expiration of 12 months from the date of issue of the permit;;

         (d)  by striking out from subsection (10) "subsection (1)" and substituting "this section";

         (e)  by inserting "or (1a)" in subsection (12) after "subsection (1)";

        and

         (f)   by striking out from subsection (14) "registration fee" and substituting "registration or administration fee".

(e)   any motor vehicle owned by the Renmark Irrigation Trust and used solely or mainly in connection with the construction or maintenance of all or any of the following works, namely, roads, irrigation channels, irrigation drains and other works for irrigation or drainage of the Trust's area;"

Question ‑ That the amendment be agreed to ‑ put and negatived.

                                                    Clause agreed to.

                                                    Clauses Nos 5 to 14 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.

 

The Minister of Transport moved ‑ That this Bill be now read a third time.

Question put.


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House divided (No. 3):

Ayes, 21.

Hon. L.M.F. Arnold

Mr Atkinson

Hon. J.C. Bannon

Hon. G.J. Crafter

Mr De Laine

Mr M.J. Evans

Mr Ferguson

Hon. R.J. Gregory

Mr Groom

Mr Hamilton

Hon. T.H. Hemmings

Mr Heron

Mr Holloway

Mrs Hutchison

Hon. J.H.C. Klunder

Mr McKee

Hon. M.K. Mayes

Mr Quirke

Hon. M.D. Rann

Hon. J.P. Trainer

Hon. F.T. Blevins (Teller)

 

Noes, 21.

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. T. Chapman

Hon. B.C. Eastick

Mr S.G. Evans

Hon. E.R. Goldsworthy

Mr Gunn

Mr Ingerson

Mrs Kotz

Mr Lewis

Mr Meier

Mr Such

Mr Venning

Hon. D.C. Wotton (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.

 

Bill read a third time and passed.

 

17       Message from the Legislative Council

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

 

Road Traffic Act Amendment Bill (No. 3)                                                                          Message No.43

MR SPEAKER ‑ The Legislative Council has passed the Bill transmitted   herewith, titled an Act to amend the Road Traffic Act, 1961, to which it desires the concurrence of the House of Assembly.

Legislative Council, 5 December 1990                                                  G.L. Bruce, PRESIDENT

 

Bill read a first time.

Ordered ‑ That the second reading be an Order of the Day for tomorrow.

 

18       Electricity Trust of South Australia Act Amendment Bill

Order of the Day read for the further consideration in Committee of the Electricity Trust of South Australia Act Amendment Bill.

 

In Committee

                                                    Clause No. 2 further considered and agreed to.

                                                    Clause No. 3 agreed to.

                                                    Clause No. 4 read.

                                                    Proposed new sections Nos 43f to 43h agreed to.

                                                    Proposed new sections No. 43i amended and agreed to.

                                                    Proposed new sections Nos 43j to 43s agreed to.

                                                    Clause as amended agreed to.

                                                    Clause No. 5 agreed to.

                                                    Title agreed to.

___________

 


231

 

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 with amendments.

 

Bill read a third time and passed.

 

19       Suspension of Standing Orders

The Minister of Agriculture (Hon. L.M.F. Arnold), without notice, moved ‑ That Standing Orders be so far suspended as to enable the Citrus Industry Organization Act Amendment Bill to pass through all stages without delay.

Question put and passed, without a negative voice, there being present an absolute majority of the whole number of Members of the House.

 

Citrus Industry Organization Act Amendment Bill

Ordered ‑ That the adjourned debate on the question ‑ That the Citrus Industry Organization Bill be now read a second time ‑ be now resumed.

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 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.

 

20       Messages from the Legislative Council

 

Constitution (Electoral Redistribution) Amendment Bill

MR SPEAKER ‑ The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Constitution Act, 1934, without any amendment.

Legislative Council, 5 December 1990                                                  G.L. Bruce, PRESIDENT

 

Referendum (Electoral Redistribution) Bill                                                                      Message No. 45

MR SPEAKER ‑ The Legislative Council has agreed to the Bill returned herewith, titled an Act to provide for submission of the Constitution (Electoral Redistribution) Amendment Bill to a referendum, without any amendment.

Legislative Council, 5 December 1990                                                  G.L. Bruce, PRESIDENT

 

21       Adjournment

House adjourned at 11.13 p.m. until 11.00 a.m. tomorrow.

___________

 


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MOTIONS OF WHICH NOTICE WAS GIVEN

 

For Thursday 6 December 1990

Notices of Motion: Other Business‑‑

 

Mr McKee to move ‑ That the Regulations under the South Australian Health Commission Act, 1976 relating to Outpatient Fees, made on 1 November and laid on the Table of this House on 6 November 1990, be disallowed.

 

Mr McKee to move ‑ That the Regulations under the South Australian Health Commission Act, 1976 relating to Pharmaceutical Fees, made on 1 November and laid on the Table of this House on 6 November 1990, be disallowed.

 

For Thursday 13 December 1990

Notices of Motion: Other Business‑‑

 

Mr Becker to move ‑ That in the opinion of this House, all executive salary packages of the State Bank and associated Companies' employees worth in excess of $85 000 per annum, be listed in the State Bank Annual Report to Parliament, in line with publicly listed companies' practice and recommendations of the Public Accounts Committee.

 

Mr Gunn to move ‑ That this House calls on the Government and the Minister of Lands to immediately review the rents paid under the Pastoral Land Management and Conservation Act, 1989 and to enter into meaningful discussions with representatives of the pastoral industry with the view to arriving at pastoral rents which are fair and take into account the current economic situation facing the Nation and do not penalise good pastoral managers.

 

Contingent Notice of Motion

 

Contingently, on the second reading of the Land Acquisition Act Amendment Bill Mr Gunn to move ‑ That it be an instruction to the Committee of the whole House on the Bill that it have power to consider a new clause relating to the right of appeal against acquisition.

___________

 

Present during the day ‑ All the Members except Hon. S.M. Lenehan.

 

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

 

Division No. 1 ‑

        Ayes ‑ Mr D.S. Baker.

        Noes ‑ Hon. S.M. Lenehan.

 

Division No. 2 ‑

        Ayes ‑ Hon. D.J. Hopgood and Hon S.M. Lenehan.

        Noes ‑ Messrs Matthew and Oswald.


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Division No. 3 ‑

        Ayes ‑ Hon. D.J. Hopgood and Hon. S.M. Lenehan.

        Noes ‑ Messrs Matthew and Oswald.

 

 

 

 

 

                                                                                                                                                    N.T. Peterson

                                                                                                                                                    SPEAKER

G.D. Mitchell

CLERK OF THE HOUSE OF ASSEMBLY