No 32

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

WEDNESDAY 22 JULY 1998

 

 

1       Meeting of House

The House met pursuant to adjournment.  The Speaker (Hon J K G Oswald) took the Chair and read prayers.

 

2       Message from the Governor’s Deputy

The following Message from the Governor’s Deputy was received and read:

 

Assent to Bills                                                                                         Message No 17

The Governor’s Deputy 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 33 of 1998 – An Act to amend the Irrigation Act 1994

No 34 of 1998 – An Act to reform the law relating to bills of lading, sea waybills and ships’ delivery orders and to amend the Mercantile Law Act 1936

No 35 of 1998 – An Act to amend the Technical and Further Education Act 1975.

Government House, 22 July 1998                           B S Hetzel, GOVERNOR’S DEPUTY

 

3       Petitions Nos 78 and 79

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

 

78   Ms Hurley, from 2 741 residents of South Australia, requesting that the House urge the Government to oppose the establishment of a landfill at the quarry site at Medlow Road, Uleybury.

 

79   Mr Meier, from 6 062 residents of South Australia, requesting that the House urge the Government to amend the Criminal Law (Sentencing) Act to take into account the safety of the community when sentencing convicted criminals and releasing persons under sentence of indeterminate duration.

 

4       Answers to questions

Answers to questions on the Notice Paper Nos 117, 118, 131, 136, 149, 150 152 and 155 were tabled by the Speaker.


5       Paper

         The following Paper was tabled:

 

          By the Minister for Industry, Trade and Tourism (Hon G A Ingerson) -

               Atheletics Stadium, South Australian - Charter, 9 October 1997 to 30 June 1998.

 

6       Legislative Review Committee - Reports – Fourteenth and Fifteenth Reports

         Mr Condous brought up the Fourteenth Report of the Committee.

         Report received and read as follows:

 

     The Regulations listed hereunder are at present considered by the Legislative Review Committee. 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 consideration has been given to the Regulations, the Committee may decide to take no further action.

 

               Regulations referred to:

                     No 228     Motor Vehicles Act 1959 – Regulations – Administration Fee

                     No 231     Magistrates Court Act 1991 – Rules of Court – Expiation of Offences Forms

                     No 246     Public Corporations Act 1993 – Regulations – Australian Masters Games

 

         Mr Condous brought up the Fifteenth Report of the Committee.

         Report received.

 

7       Suspension of Standing Orders

Hon M D Rann, 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.

 

Ordered – That the time allotted for the debate be one hour.

 

No Confidence in the Minister for Industry, Trade and Tourism – Motion re

Hon M D Rann moved – That this House has lost confidence in the Minister for Industry, Trade and Tourism as a Minister of the Crown as it is of the view that, in making statements to the Parliamentary Estimates Committee on 18 June 1998 and then to this House on 1 July 1998, a statement which was subsequently found by the Privileges Committee to be deliberately misleading and not a matter of little consequence, the Minister was guilty of a grave contempt of this House and further, that this House now calls on the Minister to resign as a Minister of the Crown.

Debate ensued.

     Mr Williams moved to amend the motion by leaving out the words “has lost confidence in” and insert in lieu thereof the word “censures”, to leave out the word “grave” and to leave out all words after the word “House” at its third occurrence.

     Debate continued.

     Question – That the amendment be agreed to – put.


House divided (No 1):

 


           Ayes, 3

 

      Mr Lewis

      Mr McEwen

      Mr Williams (Teller)


      Noes, 41

 

Hon M H Armitage

Mr Atkinson

Ms Bedford

Ms Breuer

Mr Brindal

Mr Brokenshire

Hon D C Brown

Hon M R Buckby

Ms Ciccarello

Mr Clarke

Mr Condous

Mr Conlon

Mr Evans

Mr Foley

Mrs Geraghty

Hon G M Gunn

Mrs Hall

Mr Hanna

Mr Hill

Ms Hurley

Hon G A Ingerson

Hon R G Kerin

Ms Key

Hon D C Kotz

Hon W A Matthew

Ms Maywald

Mr Meier

Hon J W Olsen

Mrs Penfold

Ms Rankine

Hon M D Rann

Mr Scalzi

Mr Snelling

Ms Stevens

Hon R B Such

Ms Thompson

Mr Venning

Ms White

Hon D C Wotton

Mr Wright

Mr De Laine (Teller)


 

So it passed in the negative.

 


Question – That the motion be agreed to – put.

House divided (No 2):

 


                      Ayes, 22

 

      Mr Atkinson

      Ms Bedford

      Ms Breuer

      Ms Ciccarello

      Mr Clarke

      Mr Conlon

      Mr De Laine

      Mr Foley

      Mrs Geraghty

      Mr Hanna

      Mr Hill

      Ms Hurley

      Ms Key

      Mr Lewis

      Ms Maywald

      Ms Rankine

      Mr Snelling

      Ms Stevens

      Ms Thompson

      Ms White

      Mr Wright

      Hon M D Rann (Teller)


      Noes, 22

 

Hon M H Armitage

Mr Brindal

Mr Brokenshire

Hon D C Brown

Hon R B Buckby

Mr Condous

Mr Evans

Hon G M Gunn

Mrs Hall

Hon G A Ingerson

Hon R G Kerin

Hon D C Kotz

Hon W A Matthew

Mr McEwen

Hon J W Olsen

Mrs Penfold

Mr Scalzi

Hon R B Such

Mr Venning

Mr Williams

Hon D C Wotton

Mr Meier (Teller)


 

         Casting Vote

The number of Ayes and Noes being equal, the Speaker gave his casting vote for the Noes because it was his view that some form of censure was warranted, but not to the extent of a vote of no confidence being carried.

So it passed in the negative.

 

8       Grievance debate

The Speaker proposed - That the House note grievances.

Debate ensued.

Question put and passed.

 

9       Independent Industry Regulator Bill

The Premier (Hon J W Olsen), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to establish the South Australian Independent Industry Regulator; 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 De Laine, that the debate be adjourned until Tuesday 4 August.

 

10      Sustainable Energy Bill

The Premier, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to establish the South Australian Sustainable Energy Authority; to promote energy efficiency; 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 De Laine, that the debate be adjourned until Tuesday 4 August.


11      Electricity (Miscellaneous) Amendment Bill

The Premier, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Electricity Act 1996 and to make related amendments to the Renmark Irrigation Trust Act 1936.

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 Ms Hurley, that the debate be adjourned until Tuesday 4 August.

 

12      Bulk Handling of Grain Act Repeal Bill

The Minister for Primary Industries, Natural Resources and Regional Development (Hon R G Kerin), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to repeal the Bulk Handling of Grain Act 1955.

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 Ms Hurley, that the debate be adjourned until Tuesday 4 August.

 

13      Suspension of Standing Orders

The Deputy Premier (Hon R G Kerin), without notice, moved - That Standing Orders be so far suspended as to enable Standing Committee reports set down on the Notice Paper for tomorrow to be taken into consideration forthwith.

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

 

Ordered – That the time allotted for these debates be two hours.

 

14      Public Works Committee - Report – Spencer Institute of TAFE – Kadina Campus - Motion to note

Mr Brokenshire, pursuant to notice, moved – That the Seventy-Fourth Report of the Public Works Committee on the Spencer Institute of TAFE – Kadina Campus be noted.

Debate ensued.

Question put and passed.

 

15      Postponement of business

Ordered - That Notice of Motion: Private Members Bills/Committees/Regulations No 7 be a Notice of Motion for Thursday 6 August.

 

16      Environment, Resources and Development Committee  - Report – Aquaculture - Motion to note

Order of the Day read for the adjourned debate on the motion of Mr Venning – That the Twenty-Ninth Report of the Environment, Resources and Development Committee on Aquaculture be noted.

Debate resumed.

Ordered, on motion of Mrs Penfold, that the debate be further adjourned until Thursday 6 August.

 

17      Postponement of business

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


18      Emergency Services Funding Bill

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

 

                                                   In Committee

                                       Clause No 3 further considered and agreed to.

                                       Clause No 4 amended and agreed to.

                                       Clauses Nos 5 and 6 agreed to.

                                       Clauses Nos 7 to 9 amended and agreed to.

                                       Clause No 10 read.

Mr Conlon moved on page 8, line 16 to leave out this clause and insert in lieu thereof the following:

 

     10. Liability of the Crown (1) The Crown and its agencies and instrumentalities are not liable to pay a levy declared under this Division.

     (2) However, the Crown must pay into the Community Emergency Services Fund in respect of each year in relation to which a levy is declared under section 9 an amount that is equivalent to 20 percent of the amount determined by the Minister and published in the notice declaring the levy under section 9(5).

     (3) Subsection (1) does not apply in relation to a notice disallowed under Division 3.

 

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

                                       Clause agreed to.

                                       Clauses Nos 11 to 14 agreed to.

                                       Clause No 15 amended and agreed to.

                                       Clauses Nos 16 to 22 agreed to.

                                       Clause No 23 amended and agreed to.

                                       New clause No 23A inserted.

                                       Clauses Nos 24 and 25 agreed to.

                                       Clause No 26 amended and agreed to.

Mr Conlon moved on page 17, after line 29 to insert a new clause as follows:

 

     26A. Certain expenditure to be authorised by regulation (1) The Minister must not apply an amount of five million dollars or more from the Fund as a single item of capital expenditure unless he or she is authorised to do so by regulation.

     (2) A regulation under subsection (1) can only authorise items of expenditure that are specifically identified by regulation.

     (3) A regulation under subsection (1) cannot come into operation while it is possible for the regulation to be disallowed by either House of Parliament under section 10 of the Subordinate Legislation Act 1978.

 

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

 

                                       Clauses Nos 27 to 31 agreed.

                                       Schedules Nos 1 and 2 amended and agreed to.

                                       Title agreed to.

                                       ____________

 

The House having resumed:

Hon D C Wotton 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      Extension of time for adjournment

The Minister for Police, Correctional Services and Emergency Services (Hon I F Evans) moved - That the time for moving the adjournment of the House be extended beyond 10.00 pm.

Question put and passed.

 

20      Electricity Corporations (Restructuring and Disposal) Bill

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

 

In Committee

                                       Clause No 15 further considered.

The Premier moved on page 10 after line 28 to insert new subclauses as follow:

 

     (4) The Minister must establish, maintain and operate a scheme (funded by the account referred to in subsection (1)(d)) for the purposes of ensuring that until 31 December 2013 the electricity price charged to any small customer who is supplied electricity through the transmission network in South Australia, but not generally through a metropolitan transmission network connection point, will not exceed 101.7% of the electricity price charged to a corresponding small customer, with the same levels and patterns of consumption, who is generally supplied through a metropolitan transmission network connection point.

 

     (5) In this section—

 

     "metropolitan transmission network connection point" means a transmission network connection point situated at—

 

          (a)   the East Terrace substation, Adelaide; or

 

                 (b)                  the Happy Valley substation, Happy Valley; or

 

                 (c)                  the Kilburn substation, Dry Creek; or

 

                 (d)                  the Lefevre substation, Outer Harbor; or

 

                 (e)                  the Magill substation, Magill; or

 

                 (f)                   the Morphett Vale East substation, Woodcroft; or

 

                 (g)                  the Northfield substation, Northfield; or

 

                 (h)                  the Osborne substation, Osborne; or

 

                 (i)                   the Parafield Gardens West substation, Parafield Gardens; or

 

                 (j)                   the Para substation, Gould Creek; or

 

                 (k)                  the Torrens Island substation, Torrens Island;

 

             "small customer" means a customer with electricity consumption levels (in respect of a single site) of less than 160 MW.h per year.

 

 

 

 

Amendment to amendment

Mr Williams moved to amend the amendment by inserting in subclause (4) after the word “funded” the word “initially”, by inserting after the words “subsection 1(d)” the words “and subsequently by money appropriated for the purpose” and leaving out the words “until 31 December 2013”.

 

Question – That the amendments to the amendment be agreed to – put and passed.

Question – That the amendment as amended be agreed to – put and passed.

                                       Clause as amended agreed to.

                                       Clauses Nos 16 to 24 agreed to.

                                       Schedules Nos 1 and 2 agreed to.

                                       Title agreed to.

____________

 

The House having resumed:

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

 

The Premier moved – That the Bill be now read a third time.

Question put.

House divided (No 3):

 


             Ayes, 22

 

      Hon M H Armitage

      Mr Brindal

      Mr Brokenshire

      Hon D C Brown

      Hon M R Buckby

      Mr Condous

      Hon I F Evans

      Hon G M Gunn

      Hon J L Hall

      Mr Hamilton-Smith

      Hon G A Ingerson

      Hon R G Kerin

      Hon D C Kotz

      Mr Lewis

      Hon W A Matthew

      Mr Meier

      Mrs Penfold

      Mr Scalzi

      Mr Venning

      Mr Williams

      Hon D C Wotton

      Hon J W Olsen (Teller)


      Noes, 22

 

Mr Atkinson

Ms Bedford

Ms Breuer

Ms Ciccarello

Mr Clarke

Mr Conlon

Mr De Laine

Mrs Geraghty

Mr Hanna

Mr Hill

Ms Hurley

Ms Key

Ms Maywald

Mr McEwen

Ms Rankine

Hon M D Rann

Mr Snelling

Ms Stevens

Ms Thompson

Ms White

Mr Wright

Mr Foley (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.


 

21      City of Adelaide Bill

Order of the Day read for the adjourned debate on the question - That this Bill be now read a second time.

Debate resumed.

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

 

22      Adjournment

House adjourned at 10.25 pm until tomorrow at 10.30 am.

 

___________

 

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

For Thursday 23 July 1998

 

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

 

Mr Condous to move – That Regulations under the Motor Vehicle Act 1959 relating to Administration Fee, made on 23 April 1998 and laid on the Table of this House on 26 May 1998, be disallowed.

 

Mr Condous to move – That the Magistrates Court Rules under the Magistrates Court Act 1991 relating to Expiation of Offences Forms, made on 8 April 1998 and laid on the Table of this House on 2 June 1998, be disallowed.

 

Mr Condous to move – That Regulations under the Public Corporations Act 1993 relating to Australian Masters Games, made on 21 May 1998 and laid on the Table of this House on 26 May 1998, be disallowed.

 

                                                        ____________

 

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

 

Division No  - 2

     Ayes - Mr Koutsantonis

     Noes – Mr Hamilton-Smith

 

Division No - 3

          Ayes - Hon R B Such

          Noes - Mr Koutsantonis

 

 

Present during the day - All Members except Mr Koutsantonis.

 

 

 

                                                                                                   J K G Oswald

                                                                                                   SPEAKER

 

G D Mitchell

CLERK OF THE HOUSE OF ASSEMBLY