No 33

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

WEDNESDAY 28 AUGUST 2002

 

 

1       Meeting of House

         The House met pursuant to adjournment. The Speaker (Hon Peter Lewis) took the Chair and read prayers.

 

2       Petitions Nos 34 and 35

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

 

34   Mrs Maywald, from 1461 residents of South Australia, requesting the House to urge the Government to withdraw the Crown Lands (Miscellaneous) Amendment Bill 2002.

 

35   Mrs Maywald, from 60 residents of South Australia, requesting the House to reject voluntary euthanasia legislation, ensure medical staff in hospitals receive proper palliative care training and provide adequate funding for the palliative care of terminally ill patients.

 

3       Papers

         The following Papers were tabled:

 

By the Treasurer (Hon K O Foley) –

      Erratum to Budget Paper 3 – Budget Statement 2002-03, Net Worth and Net Financial Worth of the General Government Sector

 

By the Minister for Urban Development and Planning (Hon J W Weatherill) –

      Development Act – Development Plan Amendments –

                  City of Playford – Heritage Plan Amendment Report

                  City of Port Lincoln – Format and Policy Review Plan Amendment Report

                        Wind Farms Plan Amendment Report

 

By the Minister for Local Government (Hon J W Weatherill) –

      By-Laws under the following Local Government Act –

                  District Council of the Copper Coast

                        No 1 – Permits and Penalties

                        No 2 – Boat Ramp.

 

4       Questions

Questions without notice were asked.

 

5       Grievance debate

On motion of the Speaker, the House noted grievances.


 

6       Message from the Legislative Council

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

 

         Statutes Amendment (Structured Settlements) Bill                                 Message No 26

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the District Court Act 1991, the Magistrates Court Act 1991 and the Supreme Court Act 1935, without any amendment.

         Legislative Council, 27 August 2002                                                R R Roberts, PRESIDENT

 

7       Postponement of business

Ordered severally - That Notices of Motion: Private Members Bills/Committees/Regulations Nos 1 to 9 be postponed until Wednesday 16 October 2002.

 

8       Postponement of business

Ordered - That Orders of the Day: Private Members Bills/Committees/Regulations Nos 1 and 2 be postponed until Wednesday 16 October 2002.

 

9       Statutes Amendment (Equal Superannuation Entitlements for Same Sex Couples) Bill

Ordered - That the adjourned debate on the question - That this Bill be now read a second time - be now resumed.

Debate resumed.

 

         Question put

         House divided (No 1):

 

           Ayes, 25

           Noes, 20

 

Hon M J Atkinson

Mr Brokenshire

Ms Breuer

Hon D C Brown

Mr Brindal

Hon M R Buckby

Mr Caica

Ms Chapman

Ms Ciccarello

Hon I F Evans

Hon P F Conlon

Mr Goldsworthy

Hon K O Foley

Hon G M Gunn

Mrs Geraghty

Mrs Hall

Mr Hanna

Mr Hamilton-Smith

Hon J D Hill

Hon R G Kerin

Hon S W Key

Hon D C Kotz

Mr Koutsantonis

Hon W A Matthew

Hon J D Lomax-Smith

Mrs Maywald

 

Mr O'Brien

Mr McEwen

Ms Rankine

Dr McFetridge

Hon M D Rann

Mr Meier

Mr Rau

Mrs Penfold

Mrs Redmond

Mr Venning

Mr Snelling

Mr Williams

Hon L Stevens

Mr Scalzi (Teller)

Ms Thompson

 

Hon J W Weatherill

 

Hon P L White

 

Hon M J Wright

 

Ms Bedford (Teller)

 

 

 

               So it was resolved in the affirmative.

 

In Committee

 

                                                            Clause No 1 agreed to.

                                                            Clause No 2 read.

 

         To report progress and ask leave to sit again.

____________

 

         The House having resumed:

Hon R B Such 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.

 

10      Statutes Amendment (Superannuation Entitlements for Domestic Co-Dependents) 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 Mrs Geraghty, that the debate be further adjourned until Wednesday 16 October 2002.

 

11      Summary Offences (Misuse of Motor Vehicles) Amendment 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 Mrs Geraghty, that the debate be further adjourned until Wednesday 16 October 2002.

 

12      Summary Offences (Tattooing and Piercing) Amendment Bill

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

Debate resumed.

____________

 

The time for the consideration of Private Members Business having expired, Notices of Motion: Government Business were called on.

____________

 

13      Messages from the Legislative Council

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

 

         Essential Services Commission Bill                                                        Message No 27

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to establish the Essential Services Commission; to repeal the Independent Regulator Act 1999; to amend the Local Government Act 1999 and the Maritime Services (Access) Act 2000; and for other purposes, without any amendment.

         Legislative Council, 28 August 2002                                                R R Roberts, PRESIDENT

 

         Electricity (Miscellaneous) Amendment Bill                                            Message No 28

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Electricity Act 1996, 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 August 2002                                                R R Roberts, PRESIDENT

 

Schedule of the amendments made by the Legislative Council

 

No. 1.   Page 5, line 17 (clause 10) - After “electricity” insert:

                        supply

No. 2.   Page 5, lines 28 to 30 (clause 10) - Leave out "the entity will, if the Commission so directs by written notice to the entity, be taken to have entered into such an agreement with the other entity," and insert:

      the entities will, if the Commission so determines and notifies the entities in writing, be taken to have entered into such an agreement

No. 3.   Page 6, line 24 (clause 11) - After “electricity” insert:                       

                        supply

No. 4.   Page 12 - After line 31 insert new clause as follows:

                  Amendment of s. 91—Statutory declarations

                  21A. Section 91 of the principal Act is amended by inserting ", Electricity Supply Industry Planning Council" before "or Technical Regulator" wherever occurring.

 

         J M Davis CLERK OF THE LEGISLATIVE COUNCIL

 

         Ordered - That the amendments be taken into consideration forthwith.

 

In Committee

 

Resolved - That the amendments be agreed to.

____________

 

         The House having resumed:

Hon R B Such reported that the Committee had considered the amendments referred to it and had agreed to the same without amendment.

 

14      Statutes Amendment (Environment Protection) Bill

The Minister for Environment and Conservation (Hon J D Hill), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Environment Protection Act 1993 and the Radiation Protection and Control Act 1982.

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 Brindal, that the debate be adjourned until tomorrow.

 

15      Holidays (Adelaide Cup and Volunteers Day) Amendment Bill

The Minister for Industrial Relations (Hon M J Wright), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Holidays Act 1910.

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 Brindal, that the debate be adjourned until tomorrow.

 

16      Freedom of Information (Miscellaneous) Amendment Bill

The Minister for Administrative Services (Hon J W Weatherill), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Freedom of Information Act 1991.

Question put and passed.

         Bill presented and read a first time.

 

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

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

 

17      Statutes Amendment (Honesty and Accountability in Government) Bill

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

 

In Committee

 

                                                            Clause No 2 further considered and agreed to.

                                                            Clauses Nos 3 to 5 agreed to.

                                                            New clauses 5A and 5B inserted.

                                                            Clause No 6 amended and agreed to.

                                                            Clause No 7 agreed to.

                                                            Clause No 8 amended and agreed to.

                                                            New clause 8A inserted.

                                                            Clauses Nos 9 and 10 agreed to.

                                                            Clause No 11 amended and agreed to.

                                                            Clause No 12 agreed to.

                                                            Clause No 13 amended and agreed to.

                                                            Clause No 14 amended and agreed to.

                                                            Clause No 15 amended and agreed to.

                                                            Clause No 16 agreed to.

                                                            Clauses No 17 amended and agreed to.

                                                            Clause No 18 amended and agreed to.

                                                            Clauses Nos 19 to 24 agreed to.

                                                            Clause No 25 amended and agreed to.

                                                            Title amended and agreed to.

____________

 

         The House having resumed:

Hon R B Such reported that the Committee had considered the Bill referred to it and had agreed to the same with amendments and had amended the title.

 

Bill read a third time and passed.

 

18      Gaming Machines (Gaming Tax) Amendment Bill

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

Debate resumed.

 

19      Extension of time for adjournment

Ordered, on motion of the Deputy Premier (Hon K O Foley) - That the time for moving the adjournment of the House be extended beyond 10.00 pm.

 

20      Gaming Machines (Gaming Tax) Amendment Bill

Debate (interrupted by the foregoing) resumed.

         Question put and passed.

         Bill read a second time.

 

In Committee

 

                                                            Clause No 1 agreed to.

                                                            Clause No 2 amended and agreed to.

                                                            Clause No 3 read.

Mr Evans moved on page 6, after line 24, to insert the following:

 

“(ba)by striking out from subsection (4)(a) "$2.5 million" and substituting "$3.5 million;

(bb)by striking out from subsection (4)(b) "$3 million" and substituting "$4 million;

(bc)by striking out from subsection (4)(c) "$19.5 million" and substituting "$20 million";

 

         Question – That the amendment be agreed to - put.

         Committee divided (No 2):

 

           Ayes, 21

 

           Noes, 23

Mr Brindal

Hon M J Atkinson

Mr Brokenshire

Ms Bedford

Hon M R Buckby

Ms Breuer

Ms Chapman

Mr Caica

Mr Goldsworthy

Ms Ciccarello

Hon G M Gunn

Hon P F Conlon

Mrs Hall

Mrs Geraghty

Mr Hamilton-Smith

Mr Hanna

Hon R G Kerin

Hon J D Hill                 

Hon D C Kotz

Hon S W Key

Hon W A Matthew

Mr Koutsantonis

Ms Maywald

Hon I P Lewis

Mr McEwen

Hon J D Lomax-Smith

Dr McFetridge

Mr O'Brien

Mr Meier

Ms Rankine

Mrs Penfold

Hon M D Rann

Mrs Redmond

Mr Rau

Mr Scalzi

Mr Snelling

Mr Venning

Hon L Stevens

Mr Williams

Ms Thompson

Hon I F Evans (Teller)

Hon J W Weatherill

 

Hon M J Wright

 

Hon K O Foley (Teller)

 

               So it passed in the negative.

 

                                                            Clause agreed to.

                                                            New clauses 4 and 5 inserted.

                                                            Title agreed to.

____________

 

         The House having resumed:

Hon R B Such 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.

 

21      Stamp Duties (Gaming Machine Surcharge) Amendment Bill

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

Debate resumed.

         Question put and passed.

         Bill read a second time.

 

In Committee

 

                                                            Clauses Nos 1 to 3 agreed to.

                                                            Clause No 4 read.

 

         To report progress and ask leave to sit again.

____________

 

         The House having resumed:

Hon R B Such 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.

 

22      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.

 

23      Messages from the Legislative Council

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

 

         Stamp Duties (Rental Business and Conveyance Rates) Amendment Bill    Message No 29

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Stamp Duties Act 1923, without any amendment.

         Legislative Council, 28 August 2002                                                R R Roberts, PRESIDENT

 

         Parliamentary Committees (Presiding Members) Amendment Bill         Message No 30

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Parliamentary Committees Act 1991, to which it desires the concurrence of the House of Assembly.

         Legislative Council, 28 August 2002                                                R R Roberts, PRESIDENT

 

         Bill read a first time.

 

Ordered - That the second reading be made an Order of the Day for Wednesday 16 October.

 

24      Stamp Duties (Gaming Machine Surcharge) Amendment Bill

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


 

In Committee

 

                                                            Clause No 4 further considered and agreed to.

____________

 

It being Midnight

Thursday 29 August 2002

____________

 

                                                            Title agreed to.

____________

 

         The House having resumed:

Mr Snelling 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.

 

25      Native Vegetation (Miscellaneous) Amendment 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 later today.

     

 

26      Adjournment

House adjourned at 12.58 am until today at 10.30 am.

 

____________

 

 

Present during the day - All Members.

 

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

 

         Division No 2 -

               Ayes - Hon D C Brown.

               Noes - Hon P L White.

 

 

 

 

                                                                                                                        Peter Lewis

                                                                                                                        SPEAKER

 

David A Bridges

ACTING CLERK OF THE HOUSE OF ASSEMBLY