233

 

 

 

                                                                                                   No. 33

 

                     VOTES AND PROCEEDINGS

 

                            OF THE

 

                       HOUSE OF ASSEMBLY

 

 

                                                                                                                        

 

 

                                                                         THURSDAY 28 NOVEMBER 1991

 

 

 1             Meeting of House

                The House met pursuant to adjournment.  The Speaker (Hon. N.T. Peterson) took the

                    Chair and read prayers.

 

 2             Bushfire Protection and Suppression Measures - Motion for Select Committee

                Order of the Day read for the adjourned debate on the motion of Hon. T. Chapman - That

                    a Select Committee of this House be established to inquire into and report on the application of fire control management and suppression of fire on -

                (a)     public broadacre lands and road sides generally;  and

                (b)     national parks, fauna and flora and recreation reserves in particular;

                and, where required, identify recommended changes to the relevant fire control Act/s.

                Debate resumed.

                The Minister for Environment and Planning (Hon. S.M. Lenehan) moved to leave out all

                    words after the words "application of" and insert in lieu thereof the following:

                bush fire protection and suppression measures on:

                (a)     public lands in general

                and

                (b)     National Parks and Wildlife Act Reserves in particular, and

                    (i)  in relation to bush fire protection to consider -

                               (1) the nature of bush fire hazard in South Australia by location, fuel type and meteorological influences;

                               (2) practicable measures to minimise bush fire hazard on both public and private lands;

                               (3) current fire protection planning and programs including integration with fire protection programs on private lands; 

                               (4) operation of the Country Fire Act 1989 in relation to bush fire protection; and

                               (5) recommendations for policy and legislative change;

                    (ii) in relation to bush fire suppression to consider -

                               (1) available human and equipment resources for bush fire suppression;

                               (2) the extent of training for all personnel who can be expected to suppress bush fire in public lands;

                               (3) the chains of command and their integration between the country fire services and public instrumentalities;

                               (4) setting of bush fire suppression strategies;  and

                               (5) recommendations for policy and or legislative change.

                Debate continued.

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

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

                                                                                                     234

 

 

                Select Committee

                And a Committee was appointed consisting of Hon. T. Chapman, Hon. E.R. Goldsworthy,

                    Hon. T.H. Hemmings and Messrs Holloway and Quirke.

                Ordered - That the Committee have power to send for persons, papers and records and to                  adjourn from place to place.

                To report on Thursday 13 February 1992.

 

 3             Postponement of business

                Ordered - That Orders of the Day (Regulations/Committees) Nos 2 and 3 be Orders of the

                    Day for Thursday 13 February 1992.

 

 4             Golden Grove Road System - Motion re

                Hon. T.H. Hemmings, pursuant to notice, moved - That this House records its admiration

                    for the high standard of design and workmanship carried out by the Department of Road Transport and others associated with the construction of the arterial roads system in the Golden Grove area.

                Ordered, on motion of Mr S.G. Evans, that the debate be adjourned until Thursday

                    13 February 1992.

 

 5             Brighton and Hallett Cove Police Stations - Motion re

                Mr Matthew, pursuant to notice, moved - That this House calls on the Government to

                    investigate as a matter of priority the establishment of police stations at Hallett Cove and Brighton as part of the commencement of a move back to community police stations.

                Ordered, on motion of Mr Gunn, that the debate be adjourned until Thursday

                    13 February 1992.

 

 6             Daw Park Repatriation General Hospital - Motion re

                Mr Holloway, pursuant to notice, moved - That this House reaffirms the Government's

                    policy not to accept the transfer of the Repatriation General Hospital at Daw Park to the State health system unless-

                    (a) the veteran's community, represented by the R.S.L., is satisfied with the arrangements, particularly those relating to priority of access and quality of health care;

                    (b)     general access to comprehensive health and hospital services for veterans will continue at the level they have always enjoyed;

                    (c) the Commonwealth provides a guarantee that all funds for operating the hospital will be transferred to the State and indexed for inflation;

                    (d)     the Commonwealth completes the comprehensive upgrading of the facilities at Daw Park; and

                    (e) the staff of the hospital are satisfied that their interests will be adequately safeguarded.

                Ordered, on motion of Dr Armitage, that the debate be adjourned until Thursday

                    13 February 1992.

 

 7             Third Arterial Road - Motion re

                Mr Matthew, pursuant to notice, proceeding to move - That this House calls on the

                    Government as a matter of priority to commence construction of phase 2 of the Third Arterial Road in order to alleviate traffic problems on Brighton and South Roads and condemns the Government for attempting to spread the road building project over an unacceptable length of time.

                Ordered, on motion of Mr Matthew, by leave, that the motion be adjourned until Thursday

                    13 February 1992.

 

 

 

 

                                                                                                     235

 

 

                                                                                                                        

 

                It being 11.30 a.m., the Orders of the Day (Other Motions) were called on by the Clerk.

 

                                                                                                                        

 

 8             Train Tickets Selling Facilities - Motion re

                Order of the Day read for the adjourned debate on the motion of Mr Matthew - That this

                    House calls on the Government as a matter of priority to introduce ticket selling facilities onto train platforms and/or trains to enable commuters to once again conveniently purchase train tickets and to restore public confidence in the metropolitan train system:

                    Which Mr Hamilton has moved to amend by deleting all words after "Government"

                    and inserting in lieu thereof the words "to continue to monitor technological advancements in the manufacture of ticket vending machines that are vandal proof and continue to increase the number of Licenced Ticket Vendors to enable passengers to easily purchase a ticket before boarding a train."

                Debate resumed.

                Question put.

                House divided (No. 1):

                      Ayes, 22.

            Mr Atkinson

            Hon. J.C. Bannon

            Hon. F.T. Blevins

            Hon. G.J. Crafter

            Mr De Laine

            Mr M.J. Evans

            Mr Ferguson

            Hon. R.J. Gregory

            Mr Groom

            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

            Mr Hamilton (Teller)

        Noes, 22.

Hon. H. Allison

Dr Armitage

Hon. P.B. Arnold

Mr D.S. Baker

Mr S.J. Baker

Mr Becker

Mr Blacker

Mr Brindal

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 Oswald

Mr Such

Mr Venning

Hon. D.C. Wotton

Mr Matthew (Teller)

 

                Casting Vote

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

                    Ayes because in his opinion ticket selling facilities on platforms is impracticable.

                So it was resolved in the affirmative.

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

 

 

 

                                                                                                     236

 

 

 9             Postponement of business

                Ordered - That Order of the Day (Other Motions) No. 2 be an Order of the Day for                Thursday 13 February 1992.

 

10           Fire Services Rationalisation - Motion re

                Order of the Day read for the adjourned debate on the motion of Hon. T.H. Hemmings -

                    That this House endorses the current constructive moves to rationalise the communications and training facilities of the South Australian Metropolitan Fire Service and the South Australian Country Fire Service.

                Debate resumed.

                Ordered, on motion of Hon. B.C. Eastick, that the debate be further adjourned until

                    Thursday 13 February 1992.

 

11           Job Campaign - Motion re

                Order of the Day read for the adjourned debate on the motion of Hon. T.H. Hemmings -

                    That this House supports the "Buy a mate a job" campaign by the South Australian Chamber of Commerce and Industry, SA Great and Kickstart designed  to encourage South Australians to support local jobs and industry by buying Australian made and locally produced items.

                Debate resumed.

                Ordered, on motion of Mr McKee, that the debate be further adjourned until Thursday

                    13 February 1992.

 

12           Port Pirie Harbor - Motion re

                Order of the Day read for the adjourned debate on the motion of Mrs Hutchison -

                    That this House urges the Government to pursue funding sources at Federal Government level for the deepening of the Port Pirie Harbor, given this area's significant role in the production of export income for the State and nation.

                Debate resumed.

                Question put and passed.

 

13           Postponement of business

                Ordered - That Orders of the Day (Other Motions) Nos 6 to 16 be postponed and taken

                    into consideration after Order of the Day (Other Motions) No. 17.

 

14           United States Wheat Subsidies - Motion re

                Order of the Day read for the adjourned debate on the motion of Hon. T.H. Hemmings -

                    That this House supports the action by the Australian Government over its strong criticism of the United States Government's decision to further undermine the viability of Australian wheat farmers by subsidising that country's wheat exports to China and the Yemen:

                    Which Mr Lewis has moved to amend by leaving out all words after "supports the

                    action" and inserting the words "of the Australian Government in advocating a `fairer playing field' in world trade in the Uruguay Round of GATT negotiations, and regrets the consequences of the trade war now being waged by the United States Government against European Economic Community and other subsidised agricultural export producers which has had a detrimental effect on the viability of Australian farmers by weakening the markets for their products, and calls on the Australian Government to abandon the `high relative interest rate/high dollar' fiscal policy, allowing the Australian dollar to fall to its natural lower exchange rate, thereby restoring higher farm gate prices and viability to our farmers."

                Debate resumed.

 

 

 

 

                                                                                                     237

 

                Amendment to Amendment

                Mr M.J. Evans moved to leave out all words in the amendment after the word "products".

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

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

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

 

15           Consumption Tax - Motion re

                Order of the Day read for the adjourned debate on the motion of Mr Quirke - That this

                    House condemns moves by the Liberal Party at both the Federal and State levels to bring in a broadbased consumption tax.

                Debate resumed.

                Ordered, on motion of Hon. P.B. Arnold, that the debate be further adjourned until

                    Thursday 13 February 1992.

 

16           Cavan Secure Centre - Motion re

                Order of the Day read for the adjourned debate on the motion of Mr Oswald - That this

                    House expresses its dissatisfaction with the reply by the Minister of Family and Community Services which was given to the Member for Morphett on Tuesday 8 October when he required a deferral of the plans for the proposed Youth Detention Centre at Cavan until after the Select Committee on Juvenile Justice has had an opportunity to address the subject, and calls on the Government to withdraw the plans from the Public Works Standing Committee so as not to pre-empt any deliberations by the Select Committee.

                Debate resumed.

                Ordered, on motion of Mr S.G. Evans, that the debate be further adjourned until

                    Thursday 13 February 1992.

 

18           Postponement of business

                Ordered - That Order of the Day (Other Motions) No. 9 be postponed and taken into

                    consideration after Order of the Day (Other Motions) No. 10.

 

19           Berri Bridge - Motion re

                Order of the Day read for the adjourned debate on the motion of Hon. P.B. Arnold -

                    That this House believes that the first priority for a bridge across the River Murray should be at Berri, in accordance with the undertaking of the Tonkin Government in 1981 and condemns the Premier for abandoning this commitment by diverting funds allocated for the Berri bridge to other projects and by committing funds to a bridge between Goolwa and Hindmarsh Island, thus dishonouring his promise made on coming to Government that the next bridge to be built over the River Murray would be at Berri.

                Debate resumed.

                Question put.

 


                                                                                                     238

 

 

                House divided (No. 2):

                      Ayes, 22.

            Hon. H. Allison

            Dr Armitage

            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 Matthew

            Mr Meier

            Mr Oswald

            Mr Such

            Mr Venning

            Hon. D.C. Wotton

            Hon. P.B. Arnold (Teller)

       Noes, 22.

Mr Atkinson

Hon. J.C. Bannon

Hon. F.T. Blevins

Hon. G.J. Crafter

Mr De Laine

Mr M.J. Evans

Mr Ferguson

Hon. R.J. Gregory

Mr Groom

Mr Hamilton

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. T.H. Hemmings (Teller)

                Casting Vote

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

                So it passed in the negative.

 

20           Petitions Nos 173 to 179

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

 

                173  Dr Armitage, from 105 residents of South Australia, requesting that the House urge

                    the Government to maintain surgical and obstetric services at the Southern Districts War Memorial Hospital.

 

                174  Mr S.G. Evans, from 153 residents of South Australia, requesting that the House urge

                    the Government not to close the Blackwood Ambulance Service and support volunteer involvement in the Ambulance Service.

 

                175  Mr S.G. Evans, from 64 residents of South Australia, requesting that the House urge

                    the Government to revert to the previous water-rating system.

 

                176  Mr S.G. Evans, from 7 residents of South Australia, requesting that the House urge

                    the Government to lower to 16 years the age at which a person is treated as an adult in criminal matters.

 

                177  Hon. T.H. Hemmings, from 17 residents of South Australia, requesting that the House

                    urge the Government not to decriminalise prostitution.

 

                178  Mr Quirke, from 49 residents of South Australia, requesting that the House urge the

                    Government to amalgamate the North Ingle Primary School and the Ingle Heights School on the Ingle Heights campus.

 

                                                                                                     239

 

                179  Mr Such, from 323 residents of South Australia, requesting that the House urge the

                    Government to review the structure of the juvenile justice system and increase the penalties for juvenile crime.

 

21           Answers to questions

                Answers to questions without notice were tabled by the Speaker.

 

22           Papers

                The following Papers were laid on the Table:

 

                By the Minister of Health (Hon. D.J. Hopgood) -

                    Committee Appointed to Examine and Report on Abortions Notified in South    Australia - Report, 1990.

                Ordered to be printed (Paper No. 90).

 

                By the Minister of Transport (Hon. F.T. Blevins) -

                    Metropolitan Taxi-Cab Act 1956 - Applications to Lease, 13 November 1991.

 

                By the Minister for Environment and Planning -

                    Eyre Peninsula Cultural Trust - Report, 1990-91.

 

23           Public Accounts Committee - Report

                Mr Hamilton brought up the Sixty-seventh Report of the Public Accounts Committee

                    relating to Computing Systems Management: Twenty-sixth, Thirty-fifth, Fifty-sixth and Fifty-ninth Reports.

                Ordered to be printed (Paper No. 168).

 

24           Printing Committee - First Report, 1991 (Second Session)

                Mr Atkinson, Chairman of the Printing Committee, brought up the First Report, 1991

                    (Second Session).

                Ordered - That the Report be received.

 

                The Report, recommending the printing of the following Papers, was adopted:

                Botanic Gardens Board-Report, 1990-91 (Paper No. 13)

                Citrus Board of South Australia-Report, 1990-91 (Paper No. 16)

                Consumer Affairs, Commissioner for, and Commissioner for Standards-Report, 1990-91

                 (Paper No. 75)

                Employment and Technical and Further Education, Department of-Corporate Review and

                 Report, 1990 (Paper No. 103)

                Financing Authority, South Australian Government-Report, 1990-91 (Paper No. 48)

                Fisheries, Department of-Report, 1990-91 (Paper No. 39)

                Government Management Board-Report, 1990-91 (Paper No. 110)

                History Trust of South Australia-Report, 1990-91 (Paper No. 118)

                Labour, Department of-Report, 1990-91 (Paper No. 46)

                Libraries Board of South Australia-Report, 1990-91 (Paper No. 54)

                Local Government Grants Commission, South Australian-Report, 1990-91 (Paper

                    No. 106)

                Marine and Harbors, Department of-Report, 1990-91 (Paper No. 24)

                Meat Corporation, South Australian-Report, 1990-91 (Paper No. 59)

                Medical and Veterinary Science, Institute of-Report, 1990-91 (Paper No. 125)

                Premier and Cabinet, Department of-Report, 1990-91 (Paper No. 91)

                Public Employment, Commissioner for, and Department of Personnel and Industrial

                     Relations-Report, 1990-91 (Paper No. 114)

                South Eastern Drainage Board-Report, 1990-91 (Paper No. 6)

                State Services Department-Report, 1990-91 (Paper No. 98)

 

                                                                                                     240

 

                Statistical Returns-

                               By-Election, Custance, June 1990 (Paper No. 162)

                               General Election, November 1989 (Paper No. 161)

                               Referendum, Electoral Redistribution Act, February 1991 (Paper No. 167)

                Timber Corporation, South Australian-Report, 1990-91 (Paper No. 135)

                Tourism South Australia-Report, 1990-91 (Paper No. 155)

                Treasury of South Australia-Report, 1990-91 (Paper No. 146)

 

25           Public Works Standing Committee - Report

                The Speaker laid on the Table the Report, together with Minutes of Evidence of the

                    Parliamentary Standing Committee on Public Works on the Juvenile Secure Centre at Cavan.

                Report ordered to be printed (Paper No. 172).

 

26           Questions

                Questions without notice were asked.

 

27           Grievance debate

                The Speaker proposed - That the House note grievances.

                Debate ensued.

                Question put and passed.

 

28           Next day of sitting

                The Deputy Premier (Hon. D.J. Hopgood) moved - That the House at its rising adjourn

                    until Tuesday 11 February 1992 at 2.00 p.m.

                Debate ensued.

                Question put and passed.

 

29           MFP Development Bill

                The Premier (Hon. J.C. Bannon), pursuant to notice, moved - That he have leave to

                    introduce a Bill for an Act to provide for the development and promotion of the MFP development project; to establish the MFP Development Corporation and define its functions and powers; to repeal the Technology Development Corporation Act 1982; 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 Ingerson, that the debate be adjourned until Tuesday 11

                    February 1992.

 

30           Auditor-General's Report - Motion re

                The Deputy Premier, having by leave amended his motion of which notice had been

                    given, moved - That Standing Orders Nos 202, 203 and 204 be and remain so far suspended as to enable -

                    (a) the Speaker to be authorised, on receipt of the Report of the Auditor-General made pursuant to the instrument of Appointment of the Auditor-General under section 25 of the State Bank of South Australia Act dated the 28th day of March 1991, to distribute copies of the Report to Members;

                    (b)     the Report to be made public;  and

                    (c) the Report to be printed.

                Question put and passed.

 

31           Port Pirie Laboratory Site Act Repeal Bill

                The Minister of Health, pursuant to notice, moved - That he have leave to introduce a Bill

                    for an Act to repeal the Port Pirie Laboratory Site Act 1922.

 

                                                                                                     241

 

                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 Dr Armitage, that the debate be adjourned until Tuesday 11

                    February 1992.

 

32           Urban Land Trust (Urban Consolidation) Amendment Bill

                The Minister for Environment and Planning, pursuant to notice, moved - That she have

                    leave to introduce a Bill for an Act to amend the Urban Land Trust Act 1981.

                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 Ingerson, that the debate be adjourned until Tuesday 11

                    February 1992.

 

33           Select Committee on Juvenile Justice

                Order of the Day read for the bringing up of the Report of the Select Committee on

                    Juvenile Justice.

                Ordered - That the time for bringing up the Report be extended until Tuesday 11

                    February 1992.

 

34           Statutes Amendment (Crimes Confiscation and Restitution) Bill                           

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

                    Statutes Amendment (Crimes Confiscation and Restitution) 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.

 

35           Corporations (South Australia) (Miscellaneous) Amendment Bill                          

                Order of the Day read for the adjourned debate on the question - That the Corporations     (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.

 

36           Messages from the Legislative Council

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

 

                Fisheries (Miscellaneous) Amendment Bill                                                                                  Message No.49

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

                    titled an Act to amend the Fisheries Act 1982, without any amendment.

                Legislative Council, 27 November 1991                        G.L.Bruce, PRESIDENT

 

 

 

 

                                                                                                     242

 

                South Australian Health Commission (Private Hospital Beds)

                    Amendment Bill                                          Message No.50

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

                    titled an Act to amend the South Australian Health Commission Act 1976, without any amendment.

                Legislative Council, 28 November, 1991                       G.L.Bruce, PRESIDENT

 

                Statutes Amendment (State Heritage Conservation Orders)

                    Bill                                                                                                                                                     Message No.51

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

                    titled an Act to amend the City of Adelaide Development Control Act 1976, the Planning Act 1982 and the South Australian Heritage Act 1978, without any amendment.

                Legislative Council, 28 November 1991                        G.L.Bruce, PRESIDENT

 

37           Suspension and resumption of sitting

                At 5.27 p.m. the sitting of the House was suspended.

                At 5.55 p.m. the Speaker resumed the Chair.

 

38           Messages from the Legislative Council

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

               

                Criminal Law Consolidation (Self-Defence) Amendment Bill                                                   Message No.52

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

                    titled an Act to amend the Criminal Law Consolidation Act 1935, with the amendments indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

                Legislative Council, 28 November,                         G.L.Bruce, PRESIDENT

 

                                  Schedule of the amendments made by the Legislative Council

                No. 1.    Page 1, lines 19 and 20 (clause 2) - Leave out "has a genuine belief that the force is reasonably necessary to defend himself, herself or another" and insert -

                               "believes that the force is necessary and reasonable -

                               (i)       to defend himself, herself or another,

                                              or

                               (ii)      to prevent or terminate the unlawful imprisonment of himself, herself or

                                              another;".

                No. 2.    Page 1, lines 22 to 25 (clause 2) - Leave out "by using force, not amounting to the intentional or reckless infliction of death or grievous bodily harm against another if that person has a genuine belief that the force is reasonably necessary" and substitute "if that person, without intending to cause death or being reckless as to whether death is caused, uses force against another believing that the force is necessary and reasonable".

                No. 3     Page 2, lines 1 to 6 (clause 2) - Leave out this subsection and substitute:-

                               "(2) Where -

                               (a)      a person causes death by using force against another believing that the

                                              force is necessary and reasonable for a purpose stated in subsection (1);

                               (b)     that person's belief as to the nature or extent of the necessary force is grossly unreasonable (judged by reference to the circumstances as he or she believed them to be);

                                              and

                               (c)      that person, if acting for a purpose stated in subsection (1)(b), does not intend to cause death and is not reckless as to whether death is caused,

                               that person may not be convicted of murder but may if he or she acted with criminal negligence be convicted of manslaughter."

                No. 4     Page 2, lines 8 to 11 (clause 2) - Leave out paragraph (a) and the word "and" following that paragraph.

 

                                                                                                     243

 

 

                No. 5     Page 2 (clause 2) - After line 14 insert -

                               "and

                               (c)      a person commits a criminal trespass if that person trespasses on land or premises -

                                              (i)       with the intention of committing an offence against the person or an offence against property (or both);

                                                             or

                                              (ii)      in circumstances where the trespass itself constitutes an offence."

                                                                                  C.H.Mertin, CLERK OF THE LEGISLATIVE COUNCIL

 

                Ordered - That the Message be taken into consideration forthwith.

 

                                                                                            In Committee

                Resolved - That the amendments be disagreed to.

 

                                                                                                                       

 

                The House having resumed:

                Mrs Hutchison reported that the Committee had considered the amendments referred to it                  and had disagreed to the same.

 

                District Court Bill                                                                                                              Message No.53

                MR SPEAKER - The Legislative Council has agreed to the amendments made by the           House of Assembly in the District Court Bill, without any amendment.

                Legislative Council, 28 November 1991                  G.L.Bruce, PRESIDENT

 

                Magistrates Court Bill                                                                                                      Message No.54

                MR SPEAKER - The Legislative Council has agreed to the amendments made by the           House of Assembly in the Magistrates Court Bill, without any amendment.

                Legislative Council, 28 November 1991                  G.L.Bruce, PRESIDENT

 

                Statutes Repeal and Amendment (Courts) Bill                                                                             Message No.55

                MR SPEAKER - The Legislative Council has agreed to the amendments made by the           House of Assembly in the Statutes Repeal and Amendment (Courts) Bill, without any amendment.

                Legislative Council, 28 November 1991                   G.L.Bruce, PRESIDENT

               

                Justices Amendment Bill                                                                                                  Message No.56

                MR SPEAKER - The Legislative Council has agreed to the amendments made by the

                    House of Assembly in the Justices Amendment Bill, without any amendment.

                Legislative Council, 28 November 1991                   G.L. Bruce, PRESIDENT

               

39           Extension of sitting

                The Deputy Premier moved - That the sitting of the House be extended beyond 6.00 p.m.

                Question put and passed.

 

40           Suspension and resumption of sitting

                At 6.02 p.m. the sitting of the House was suspended.

                At 8.30 p.m. the Speaker resumed the Chair.

 

41           Suspension and resumption of sitting

                At 8.32 p.m. the sitting of the House was suspended.

                At 10.07 p.m. the Speaker resumed the Chair.

 

 

 

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42           Messages from the Legislative Council

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

 

                Wine Grapes Industry Bill                            Message No.57

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

                    titled an Act relating to the marketing of wine grapes and making consequential amendments to the Prices Act 1948, without any amendment.

                Legislative Council, 28 November 1991                   G.L.Bruce, PRESIDENT

 

                Criminal Law Consolidation (Self-Defence)Amendment Bill                                                    Message No.58

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

                    Criminal Law Consolidation (Self-Defence) Amendment Bill to which the House of Assembly has disagreed.  The Bill is returned herewith.

                Legislative Council, 28 November 1991                   G.L. Bruce, PRESIDENT

 

                Ordered - That the Message be taken into consideration forthwith.

 

                                                                                            In Committee

 

                Resolved - That Amendments Nos 1 to 3 be agreed to with amendments.                               

                Resolved - That the disagreement to Amendments Nos 4 and 5 be not insisted on to which

                                     amendments the Committee had previously disagreed.

 

                                                                                                                       

 

 

                 The House having resumed:

                  Mrs Hutchison reported that the Committee had considered the amendments referred to it and had agreed to Amendments Nos 1 to 3 with amendments and had agreed not to insist on its disagreement to Amendments Nos 4 and 5. 

 

        Stamp Duties (Assessment and Forms) Amendment Bill                                                                   Message No.59

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

                    titled an Act to amend the Stamp Duties (Assessment and Forms) Bill, with the suggested amendments indicated by the annexed Schedule, which amendments the Legislative Council requests the House of Assembly to make to the said Bill.

                Legislative Council, 28 November 1991                      G.L. Bruce, PRESIDENT

 

                              Schedule of the amendments suggested by the Legislative Council

                No. 1     Page 1, lines 15 to 22 (clause 3) - Leave out the clause.

                No. 2     Page 1, lines 26 and 27 (clause 4) - Leave out "in a manner and form approved by the Commissioner a statement" and substitute "a statement in the prescribed form".

                No. 3     Page 2 - After line 6 insert new clause as follows:-

                               "5a. Matter not to be included in statement  Section 31i of the principal Act is amended by inserting after paragraph (a) the following paragraph:-

                               (b)     the sale of any goods (other than where there is an agreement, arrangement or understanding that the person to whom the goods are sold may, at a later time, sell the goods back to the registered person);"

                No. 4     Page 2, line 31 (clause 6) - Leave out "twice the amount specified in the notice" and

                       substitute "and amount equal to twice the amount of the Commissioner's assessment             under subsection (1)".

                No. 5     Page 3, lines 11 to 13 (clause 10) - Leave out the clause.

                No. 6     Page 4, line 4 (clause 12) - Leave out "twice the amount specified in the notice" and substitute "an amount equal to twice the amount of the Commissioner's assessment under subsection (1)".

 

 

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                No. 7     Page 4, lines 17 to 25 (clause 14) - Leave out the clause.

                No. 8     Page 4, lines 26 to 28 (clause 15) - Leave out the clause.

                                                              C.H. Mertin, CLERK OF THE LEGISLATIVE COUNCIL

 

                Ordered - That the Message be taken into consideration forthwith.

 

                                                                                            In Committee

                Resolved - That the suggested amendments be agreed to.

 

 

                                                                                                                       

 

                The House having resumed:

                Mr M.J. Evans reported that the Committee had considered the suggested amendments      referred to it, had agreed to the same without amendment and amended the Bill accordingly.

 

                Criminal Law Consolidation (Self-Defence) Amendment Bill                                                   Message No.60

                MR SPEAKER - The Legislative Council does not agree to the amendments made by the

                    House of Assembly to Amendments Nos 1 to 3 in the Criminal Law Consolidation (Self-Defence) Amendment Bill and insists on its original amendments.  The Bill is returned herewith.

                Legislative Council, 28 November 1991                       G.L. Bruce, PRESIDENT

                Ordered - That the Message be taken into consideration forthwith.

 

                                                                                            In Committee

 

                Resolved - That amendments to the Legislative Council's Amendments Nos 1 to 3  be                         insisted on.

 

                                                                                                                        

 

 

                The House having resumed:

                Mr M.J. Evans reported that the Committee had considered the Message referred to it and                                 had resolved to insist on its amendments to the Legislative Council's amendments.

                Conference

                The Minister of Education 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 Criminal Law Consolidation (Self-Defence) 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 Atkinson, Groom and Ingerson, Mrs Kotz and the mover be Managers of the Conference on the part of this House.

                Question put and passed.

 

43           Suspension of Standing Orders

                The Deputy Premier, 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.

 

 

 

 

 

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44           Message from the Legislative Council

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

 

                Criminal Law Consolidation (Self-Defence) Amendment Bill                                                   Message No.61

                MR SPEAKER - The Legislative Council has, in reply to Message No.66 from the House

                    of Assembly, agreed to grant a Conference on the Criminal Law Consolidation (Self Defence) Amendment Bill, as requested by the House of Assembly.  The Legislative Council has named the hour of 11.15 p.m. to receive the Managers on behalf of the House of Assembly, at the Conference Room of the Legislative Council.

                Legislative Council, 28 November 1991                      G.L.Bruce, PRESIDENT

 

                The Minister of Education moved - That a Message be sent to the Legislative Council                        agreeing to the time and place appointed by the Council.

                Question put and passed.

 

45           Suspension and resumption of sitting

                At 11.15 p.m. the sitting of the House was suspended.

 

                                                                                                                       

 

                                                                                      It being 12 midnight:

                                                                              FRIDAY 29 NOVEMBER 1991

 

                                                                                                                       

 

                At 1.02 a.m. the Speaker resumed the Chair.

 

46           Conference - Criminal Law Consolidation (Self Defence) Amendment Bill

                The Minister of Education reported as follows:

                "I have to report that the Managers have been at the Conference on the Criminal Law

                    Consolidation (Self-Defence) Amendment Bill which was managed on the part of the Legislative Council by Hon. J.C. Burdett, Hon. M.S. Feleppa, Hon. I. Gilfillan, Hon. K.T. Griffin and Hon. C.J. Sumner and we there delivered the Bill, together with the Resolution adopted by this House and thereupon the Managers for the two houses conferred together and it was agreed that we should recommend to our respective Houses that the Legislative Council do not further insist on its disagreement to the amendments of the House of Assembly to the Legislative Council's Amendments Nos 1 to 3."

 

47           Message from the Legislative Council

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

 

                Criminal Law Consolidation (Self-Defence) Amendment Bill                                   Message No. 62

                MR SPEAKER - The Legislative Council having considered the recommendations from

                    the Conference on the Criminal Law Consolidation (Self-Defence) Amendment Bill has agreed to the same.  The Bill is returned herewith.

                Legislative Council, 28 November 1991                                 G.L. Bruce, PRESIDENT

 

                Ordered - That the Speaker do now leave the Chair and the House resolve itself

                    into a Committee of the whole for the consideration of the recommendations of the Conference.

 

                                                                                            In Committee

 

                Resolved - That the recommendations of the Conference be agreed to.

 

                                                                                                                       

 

 

                                                                                                     247

 

                The House having resumed:

                Mr M.J. Evans reported that the Committee had considered the recommendations of the

                    Conference and had agreed to the same.

 

48           Adjournment

                House adjourned at 1.07 a.m. until Tuesday 11 February 1992 at 2.00 p.m.

 

                                                                                                                         

 

                Present during the day - All the Members except Hon. L.M.F. Arnold.

 

 

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

 

                Division No. 1 -         

                    Ayes - Hon. L.M.F. Arnold.

                    Noes - Hon. J.L. Cashmore.

 

                Division No. 2 -

                    Ayes - Mr D.S. Baker

                    Noes - Hon. L.M.F. Arnold.

 

 

 

 

 

 

                                                                                                                                                                N.T. Peterson

                                                                                                                                                                SPEAKER

 

G.D. Mitchell

CLERK OF THE HOUSE OF ASSEMBLY