No 32

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

WEDNESDAY 5 MARCH 1997

 

 

1       Meeting of House

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

 

2       Message from the Governor

         The following Message from the Governor was received and read:

 

         Assent to Bills                                                                                         Message No 17

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, viz:

No 2 of 1997 - An Act to amend the Bulk Handling of Grain Act 1955

No 3 of 1997 - An Act to amend the Development Act 1993 and make a related amendment to the Statutes Repeal and Amendment (Development) Act 1993

No 4 of 1997 - An Act to amend the Gas Act 1988.

         Government House, 5 March 1997                                                  E J Neal, GOVERNOR

 

3       Answers to questions

Answers to questions without notice were tabled by the Speaker.

 

4       Paper

         The following Paper was tabled:

 

By the Treasurer (Hon S J Baker) -

ASER Corporate and Legal Structure.

 

5       Legislative Review Committee - Reports

Fourteenth Report

Mr Cummins brought up the Fourteenth Report of the Committee.

         Report received and read as follows:

The Legislative Review Committee has the honour to report that it is of the opinion that By-Law No 4 of the District Council of Renmark Paringa made on 28 January 1997 and laid on the Table of this House on 11 February 1997, be disallowed on the grounds that the By-Law contains a provision which is ultra vires.

 

Mr Cummins brought up the Fifteenth Report of the Committee.

         Report received.

        

Regulations under the Electricity Act 1996

Mr Cummins brought up the Report of the Committee on the Regulations under the Electricity Act 1996.

         Report received.

6       Questions

         Questions without notice were asked.

 

         Member named

The Speaker named the Mr Foley for refusing to accept the authority of the Chair.

 

Member's explanation

The Honourable Member having made an explanation:

The Deputy Premier (Hon G A Ingerson) moved - That the explanation not be accepted.

Debate ensued.

Question put.

 

House divided (No 1):

 


                     Ayes, 30

Hon H Allison

Mr Andrew

Hon M H Armitage

Hon E S Ashenden

Hon S J Baker

Mr Bass

Mr Becker

Mr Brindal

Mr Brokenshire

Hon D C Brown

Mr Buckby

Mr Condous

Mr Cummins

Mr Evans

Mrs Greig

Mrs Hall

Hon R G Kerin

Mrs Kotz

Mr Leggett

Mr Lewis

Hon W A Matthew

Mr Meier

Hon J W Olsen

Mr Oswald

Mrs Rosenberg

Mr Rossi

Hon R B Such

Mr Wade

Hon D C Wotton

Hon G A Ingerson (Teller)


                            Noes, 9

 

Mr Atkinson

Hon F T Blevins

Mr De Laine

Mr Foley

Mr Quirke

Hon M D Rann

Ms Stevens

Ms White

Mr Clarke (Teller)


 

         So it was resolved in the affirmative.

 

Mr Foley then withdrew from the Chamber.

 

Member suspended

The Deputy Premier moved - That Mr Foley be suspended from the service of the House.

Question put and passed.

 

         Questions without notice (interrupted by the foregoing naming) resumed.

 

7       Grievance debate

         The Speaker proposed - That the House note grievances.

         Debate ensued.

         Question put and passed.

 


8       Casino Bill

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

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 Clarke, that the debate be adjourned until tomorrow.

 

9       Gaming Supervisory Authority (Administrative Restructuring) Amendment Bill

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

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 Clarke, that the debate be adjourned until tomorrow.

 

10      Liquor Licensing (Administrative Restructuring) Amendment Bill

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

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 Clarke, that the debate be adjourned until tomorrow.

 

11      Gaming Machines (Administrative Restructuring) Amendment Bill

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

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 Clarke, that the debate be adjourned until tomorrow.

 

12      Long Service Leave (Miscellaneous) Amendment Bill

The Treasurer, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Long Service Leave Act 1987.

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 Clarke, that the debate be adjourned until tomorrow.

 

13      Messages from the Legislative Council

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

 

         Electoral (Miscellaneous) Amendment Bill                                             Message No 65

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Electoral Act 1985; and to make consequential amendments to the Freedom of Information Act 1991, the Ombudsman Act 1972 and the Parliamentary Committees Act 1991, to which it desires the concurrence of the House of Assembly.

         Legislative Council, 4 March 1997                                                   H P K Dunn, PRESIDENT

 

         Bill read a first time.

         Ordered - That the second reading be taken into consideration on motion.

         Legal Practitioners (Membership of Board and Tribunal) Amendment Bill        Message No 66

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Legal Practitioners Act 1981, to which it desires the concurrence of the House of Assembly.

         Legislative Council, 4 March 1997                                                   H P K Dunn, PRESIDENT

 

         Bill read a first time.

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

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

 

14      Netherby Kindergarten (Variation of Waite Trust) Bill

Order of the Day read for the second reading of this Bill.

The Minister for Employment, Training and Further Education (Hon D C Kotz) moved - That this Bill be now read a second time.

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

 

15      Postponement of business

Ordered - That Orders of the Day: Government Business Nos 2 to 4 be postponed and taken into consideration after Order of the Day: Government Business No 5.

 

16      State Records Bill

Order of the Day read for the consideration of the amendments of the Legislative Council in this Bill.

 

In Committee

Resolved - That the amendments of the Legislative Council be agreed to.

____________

 

         The House having resumed:

The Hon H Allison reported that the Committee had considered the amendments referred to it and had agreed to the same without amendment.

 

17      Tobacco Products Regulations Bill

         Order of the Day read for the further consideration in Committee of this Bill.

 

In Committee

                                                Clause No 2 considered.

Mr Clarke moved - That progress be reported.

Question put.

        
         Committee divided (No 2):

 


                     Ayes, 9

 

Mr Atkinson

Mr Bass

Hon F T Blevins

Mr De Laine

Mr Quirke

Hon M D Rann

Ms Stevens

Ms White

Mr Clarke (Teller)


        Noes, 30

 

Mr Andrew

Hon E S Ashenden

Hon S J Baker

Mr Becker

Mr Brindal

Mr Brokenshire

Hon D C Brown

Mr Buckby

Mr Condous

Mr Cummins

Mr Evans

Mrs Greig

Hon G M Gunn

Mrs Hall

Hon G A Ingerson

Hon R G Kerin

Mrs Kotz

Mr Leggett

Mr Lewis

Hon W A Matthew

Mr Meier

Hon J W Olsen

Mr Oswald

Mrs Penfold

Mrs Rosenberg

Mr Rossi

Hon R B Such

Mr Wade

Hon D C Wotton

Hon M H Armitage (Teller)


         So it passed in the negative.

                                                Clause amended.

         Question - That the clause as amended be agreed to - put.

Committee divided (No 3)

 


                       Ayes,  25

 

Mr Andrew

Hon E S Ashenden

Mr D S Baker

Hon S J Baker

Mr Brindal

Mr Brokenshire

Mr Condous

Mr Evans

Mrs Greig

Hon G M Gunn

Mrs Hall

Hon G A Ingerson

Hon R G Kerin

Mrs Kotz

Mr Leggett

Mr Lewis

Hon W A Matthew

Mr Meier

Mr Oswald

Mrs Penfold

Mrs Rosenberg

Mr Rossi

Mr Wade

Hon D C Wotton

Hon M H Armitage (Teller)


        Noes,  10

 

Mr Atkinson

Mr Bass

Mr Becker

Hon F T Blevins

Mr Clarke

Mr De Laine

Hon M D Rann

Ms Stevens

Ms White

Mr Quirke (Teller)


 

         So it was resolved in the affirmative.

                                                Clause No 3 agreed to.

                                                Clause No 4 amended and agreed to.

                                                Clause No 5 agreed to.

                                                Clause No 6 read.

Mr Quirke moved, on page 6, line 11, to leave out the words “but of the prescribed category”.

         To report progress and ask leave to sit again.

____________

 

         The House having resumed:

The Hon H Allison reported that the Committee had further 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.

 

18      Extension of time for adjournment

The Treasurer moved - That the time for moving the adjournment of the House be extended beyond 10.00 pm.

Question put and passed.

 

19      Tobacco Products Regulations Bill

Ordered - That the further consideration in Committee of this Bill be now resumed.

 

In Committee

                                       Clause No 6 furhter considered.

                                       Mr Quirke’s amendment further considered.

Question - That the amendment be agreed to - put.

         Committee divided (No 4):

 


                     Ayes, 8

 

Mr Atkinson

Hon F T Blevins

Mr Clarke

Mr De Laine

Hon M D Rann

Ms Stevens

Ms White

Mr Quirke (Teller)


        Noes, 27

 

Mr Andrew

Hon M H Armitage

Hon E S Ashenden

Mr Bass

Mr Becker

Mr Brindal

Mr Brokenshire

Mr Buckby

Mr Condous

Mr Evans

Mrs Greig

Hon G M Gunn

Mrs Hall

Hon G A Ingerson

Hon R G Kerin

Mrs Kotz

Mr Leggett

Mr Lewis

Hon W A Matthew

Mr Meier

Mr Oswald

Mrs Penfold

Mrs Rosenberg

Mr Rossi

Mr Wade

Hon D C Wotton

Hon S J Baker (Teller)


 

So it passed in the negative.

                                                Clause agreed to.

                                                Clauses No 7 to 46 agreed to.

         To report progress and ask leave to sit again.

 

____________

 

         The House having resumed:

Hon H Allison reported that the Committee had further 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.

 

20      Suspension of Standing Orders

The Treasurer, 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.

 

21      Tobacco Products Regulations Bill

         Ordered - That the further consideration in Committee of this Bill be now resumed.

 

In Committee

         The Minister moved to insert a new Clause No 46A as follows:

 

Smoking in enclosed public dining or cafe areas

46A. (1) In this section-

bar or lounge” means an area that is primarily and predominantly used for the consumption of alcoholic drinks;

 “enclosed” area or place means an area or place that is, except for doorways, passageways and internal wall openings, completely or substantially enclosed by a solid permanent ceiling or roof and solid permanent walls or windows, whether the ceiling, roof, walls or windows are fixed or movable and open or closed;

enclosed public dining or cafe area” means a public area that-

(a)  is comprised of the whole or part of an enclosed public place;

      and

(b)  is established or set aside for the purpose (whether or not the exclusive purpose) of -

      (i)   in the case of licensed premises - the consumption of meals; or

      (ii)   in any other case - the consumption of food or non-alcoholic drinks, or both, purchased at the place;

entertainment area” means an area -

(a)  in which live entertainment (within the meaning of the Liquor Licensing Act 1985) is being provided; and

(b)  that is being used primarily and predominantly for the consumption of alcoholic drinks rather than meals;

licensed premises” means licensed premises within the meaning of the Liquor Licensing Act 1985;

licensed restaurant” means premises subject to a restaurant licence under the Liquor Licensing Act 1985;

meal” means a genuine meal eaten by a person seated at a table.

(2) Subject to this section, a person must not smoke in an enclosed public dining or cafe area.

      Maximum penalty:            $200

      Expiation Fee:                  $  75

(3) Subsection (2) does not apply in relation to the following:

      (a)  if there are two or more separate enclosed public areas used for the consumption of meals within licensed premises (other than a licensed restaurant) - one (and only one) of those areas that -

            (i)   is a bar or lounge; and

      (ii)   is for the time being designated in the prescribed manner by the licensee as a smoking area;

      (b)  an entertainment area within licensed premises (other than a licensed restaurant) between the hours of 10p.m. and 5a.m. the next day;

      (c)  an area while it is not open for business;

      (d)  an area while a special arrangement exists (negotiated separately for a single occasion) under which it is given over to the exclusive use of members of a group;

      (e)  licensed premises (other than a licensed restaurant) with only a single enclosed public area for the consumption of alcoholic drinks.

(4) If licensed premises (other than licensed restaurant) consist of or include only a single enclosed public area for the consumption of alcoholic drinks and meals are available in the area, a person must not smoke in the area while meals are available or being consumed in the area.

      Maximum penalty:            $200

      Expiation Fee:      $  75

(5) The occupier of an enclosed public dining or cafe area must display signs in the enclosed public dining or cafe area in accordance with the regulations.

      Maximum penalty:                        In the case of a natural person - $500

                                             In the case of a body corporate - $1000

(6) If smoking occurs in an enclosed public dining or cafe area in contravention of subsection (2) or (4), the occupier of the enclosed public dining or cafe area is guilty of an offence.

            Maximum penalty:      In the case of a natural person - $500

                                 In the case of a body corporate - $1000

(7) It is a defence to a charge of an offence against subsection (6) if the defendant proves that he or she did not provide an ashtray, matches, a lighter or any other thing designed to facilitate smoking where the contravention occurred and that -

(a)  he or she was not aware, and could not reasonably be expected to have been aware, that the contravention was occurring; or

(b)  he or she -

      (i)   requested the person smoking to stop smoking; and

      (ii)   informed the person that the person was committing an offence.

____________

 

It being Midnight

 

THURSDAY 6 MARCH 1997

____________

 

         Amendment to Amendment

      Mr Brindal moved to amend the amendment by leaving out from subclause (4) “if” and inserting “Subject to this section, if”, and after subclause (7) to insert the following subclauses:

(8)  The Minister may exempt an enclosed public dining or cafe area from this section or a provision of this section.

(9)  An exemption under this section -

      (a)  may be given on application in a manner and form approved by the Minister; and

      (b)  may be subject to limitations and conditions; and

      (c)  may be given, varied or revoked by notice in writing served on the person concerned.

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

         Question - That new Clause No 46A be inserted - put.


         Committee divided (No 5)

 


                       Ayes,  23

 

Mr Andrew

Hon E S Ashenden

Hon S J Baker

Mr Brindal

Mr Brokenshire

Mr Buckby

Mr Condous

Mr Evans

Mrs Greig

Hon G M Gunn

Mrs Hall

Hon G A Ingerson

Hon R G Kerin

Mr Leggett

Mr Lewis

Hon W A Matthew

Mr Meier

Mr Oswald

Mrs Penfold

Mrs Rosenberg

Mr Wade

Hon D C Wotton

Hon M H Armitage (Teller)


        Noes,  9

 

Mr Atkinson

Mr Bass

Mr Becker

Hon F T Blevins

Mr De Laine

Mr Rossi

Ms Stevens

Ms White

Mr Clarke (Teller)


 

         So it was resolved in the affirmative.

                                                Clause No 47 read.

         To report progress and ask leave to sit again.

____________

 

         The House having resumed:

Hon H Allison reported that the Committee had further 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 today.

 

21      Adjournment

         House adjourned at 2.27 am until today at 10.30 am.

 

____________

 

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

               For Thursday 6 March 1997

 

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

 

Mr Cummins to move - That the Regulations under the Development Act 1993 relating to a Special Event, gazetted on 14 November and laid on the Table of this House on 26 November 1996, be disallowed.

 

Mr Cummins to move - That By Law No 4 of the District Council of Renmark Paringa relating to Streets, gazetted on 6 February and laid on the Table of this House on 11 February 1997, be disallowed.

 

____________

 

 

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

 

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

 

Division No 2 -

      Ayes - Mrs Geraghty and Ms Hurley

      Noes - Mr Caudell and Mr Venning

 

Division No 3 -

      Ayes - Mrs Geraghty and Ms Hurley

      Noes - Mr Caudell and Mr Venning

 

Division No 4 -

      Ayes - Mrs Geraghty and Ms Hurley

      Noes - Mr Caudell and Mr Venning

 

Division No 5 -

      Ayes - Mrs Geraghty Ms Hurley and Hon M D Rann

      Noes - Mr Caudell, Mr Scalzi and Mr Venning

 

 

 

 

 

                                                                                                            G M Gunn

                                                                                                            SPEAKER

 

G D Mitchell

CLERK OF THE HOUSE OF ASSEMBLY