No 34

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

TUESDAY 2 APRIL 1996

 

 

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:

 

     Racing (Miscellaneous) Amendment Bill                   Message No 15

The Governor recommends to the House of Assembly the appropriation of such amounts of money as may be required for the purposes mentioned in the Racing (Miscellaneous) Amendment Bill 1996.

     Government House, Tuesday 2 April                 R F Mitchell, GOVERNOR

 

3    Papers

     The following Papers were tabled:

 

     By the Deputy Premier (Hon S J Baker) -

        Regulations under the following Acts -

           Liquor Licensing - Dry Areas - Renmark

           Security and Investigation Agents - Principal

 

     By the Treasurer (Hon S J Baker) -

        Succession Duties Act  - Regulations - Principal

 

     By the Minister for Industrial Affairs (Hon G A Ingerson) -

        Regulations under the following Acts -

           Occupational Health, Safety and Welfare -

              Powered Mobile Plant

              Transitional Provisions

           Workers Rehabilitation and Compensation - Medical Certificate

 

     By the Minister for Industry, Manufacturing, Small Business and Regional Development (Hon J W Olsen) -

        Ministerial Statement - Safety initiatives for the bus and coach industry

 

     By the Minister for the Environment and Natural Resources (Hon D C Wotton) -

        Prevention of Cruelty to Animals Act - Regulations - Barking Dogs

 


     By the Minister for Housing, Urban Development and Local Government Relations (Hon E S Ashenden) -

        District Council of Central Yorke Peninsula - By Laws -

           No 1  Permits and Penalties

           No 2  Council Land

           No 3  Garbage Disposal

           No 4  Creatures

           No 5  STED Scheme

        South Australian Housing Trust Act - Regulations - Water Limits.

 

4    Questions

     Questions without notice were asked.

Ordered - That the period for asking questions without notice be extended by five minutes.

     Questions without notice resumed.

 

5    Grievance debate

     The Speaker proposed - That the House note grievances.

     Debate ensued.

     Question put and passed.

 

6    Messages from the Legislative Council

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

 

     National Parks and Wildlife (Miscellaneous) Amendment Bill          Message No 89

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the National Parks and Wildlife Act 1972, and to make a consequential amendment to the Wilderness Protection Act 1992, 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 March 1996                H P K Dunn, PRESIDENT

 

Schedule of the amendments made by the Legislative Council

 

No 1  Page 2 - After line 4 insert new clause as follows:-

      3A. Insertion of Part 1A - The principal Act is amended by inserting the following Part after Part 1:

PART 1A

OBJECTS OF THIS ACT

      5A. Objects - (1)  The objects of this Act are as follows:-

      (a )the conservation and preservation of naturally occurring ecosystems and plants and animals indigenous to Australia;

      (b )to set aside and manage land of national significance or for the purpose of conserving and preserving the land and its ecosystems and its native plants and protected animals;

      (c)   the reintroduction of species of plants and animals to land once inhabited by those species;

      (d)to set aside and manage land for public recreation and enjoyment to the extent that that can be done consistently with the objects set out in paragraphs (a), (b)  and (c).

      (2)The Minister, the Council, an advisory committee and all other bodies or persons involved in the administration of this Act must act consistently with and must seek to further its objects.”

No 2  Page 2, line 33 (clause 6) - Leave out “seven members six” and insert “eight members seven”.

No 3  Page 3, lines 2 to 19 (clause 6) - Leave out subsection (4) and insert new subsection as follows:-

         “(4)  Of the appointed members -

      (a)   one must have qualifications or experience in the conservation of animals, plants and ecosystems;

(b)             another must be a person selected by the Minister from a panel of two men and two women nominated by the Conservation Council of South Australia Incorporated;

(c)             another must have qualifications or experience in the management of natural resources;

(d)             another must have qualifications or experience in organising community involvement in the conservation of animals, plants or other natural resources;

(e)             another must have qualifications or experience in a field of science that is relevant to the conservation of ecosystems and to the relationship of wildlife with its environment;

(f)             each of the remaining two must have qualifications or experience in at least one of the following:

  (i) ecologically based tourism; or

  (ii) business management; or

  (iii) financial management; or

  (iv) marketing,

being an area in which the other does not have qualifications or experience.”

No 4 Page 3, line 20 (clause 6) - Leave out “have” and insert “be a person who, in the opinion of the Minister, has”.

No 5 Page 4, line 14 (clause 6) - Leave out “Four” and insert “Five”.

No 6 Page 6 (clause 6) - After line 9 insert new subsection as follows:-

“(3)  All advice provided by the Council to the Minister must be in writing.”

No 7 Page 6 (clause 6) - After line 9 insert new section as follows:-

19CA. Copy of advice to Environment, Resources and Development Committee - The Council must, within seven days after providing advice to the Minister provide the Environment, Resources and Development Committee of Parliament with a copy of the advice.”

No 8 Page 8 (clause 6) - After line 9 insert new sections as follow:-

19IA Meetings to be held in public subject to certain exceptions - (1)  Subject to this section, a meeting of a committee must be conducted in a place open to the public.

(2) A committee must, by notice in a newspaper circulating generally throughout the State, give at least 14 days notice of its intention to hold a meeting that will be open to the public.

(3) The notice must state the time and place at which the meeting will be held.

(4) Fourteen days notice is not required if a meeting needs to be held to deal with an emergency but, in that event, the committee must give as much notice under subsection (2) as is practicable or, if no notice can be given before the meeting is held the committee must give notice under subsection (2) of the date on which the meeting was held and of the emergency that it dealt with.

(5) A committee may order that the public be excluded from attendance at a meeting in order to enable the meeting to consider in confidence -

    (a)legal advice; or

    (b)                 information given to the committee on the explicit understanding that it would be treated by the committee as confidential; or

    (c)                 matters relating to actual or possible litigation; or

    (d)                 any matter of a class prescribed by regulation.

(6) Where the matters to be considered at a meeting of a committee include matters referred to in subsection (5) but include other matters as well, the committee can only order the exclusion of the public during that part or those parts of the meeting when a matter referred to in subsection (5) is being considered.

(7) A member of the public who, knowing that an order is in force under subsection (5), enters or remains in a room in which a meeting of the committee is being held is guilty of an offence.

Maximum penalty: $750

(8) If a person referred to in subsection (7) fails to leave the room on request it is lawful for a member of the committee or a member of the police force forcibly to remove him or her from the room.

(9) Where an order is made under subsection (5), a note must be made in the minutes of the making of the order and of the grounds on which it was made.

      19IB Agenda and minutes of meeting to be publicly available - (1)  A committee must make available to members of the public copies of the agenda for, and the minutes of, each meeting, or the part of each meeting, of the committee that is open to members of the public.

      (2)    An agenda must be available at least three days before the meeting to which it relates is held.

      (3)    A fee charged by a committee for copies of agendas or minutes must not exceed the fee prescribed by regulation.

      (4)    A committee must provide the Minister with a copy of the agenda and the minutes of each meeting, or the part of each meeting, of the committee that is closed to members of the public.

      19IC Advice to be in writing - (1)  All advice provided by a committee to the Minister or to the Council must be in writing.

      (2)    Where a committee provides advice to the Minister it must provide a copy of the advice to the Council and where a committee provides advice to the Council it must provide a copy of the advice to the Minister.

      19ID Committee’s advice to be publicly available - (1)  Subject to subsection (2), a committee must make copies of advice given by it to the Minister or the Council available to members of the public for inspection (without charge) or purchased at a price prescribed by regulation.

      (2)   A committee may withhold advice, or the relevant parts of advice, from public scrutiny if -

         (a )the advice deals with matters discussed at a meeting of the committee that was not open to the public; or

         (b)          disclosure of the advice would be contrary to any Act or other law.

      (3)    A committee must, within seven days after providing advice to the Minister or the Council, cause to be published in the Gazette a notice stating the place or places at which copies of the advice may be inspected or purchased.

      19IE Copy of advice to Environment, Resources and Development Committee - A committee must, within seven days after providing advice to the Minister, provide the Environment, Resources and Development Committee of Parliament with a copy of the advice.

No 9  Page 8, lines 18 to 20 (clause 6) - Leave out subsection (2) and insert new subsection as follows:-

      “(2)  The members of a consultative committee must be persons who, in the opinion of the Minister, have local knowledge that is relevant to, or who are interested in, the management of reserves or the conservation of animals, plants and ecosystems in the part of the State in relation to which the consultative committee is established.”

No 10 Page 10 (clause 10) - After line 10 insert new paragraph as follows:-

      ‘(aa)  by striking out from subsection (3) “to be published in the Gazette  that the plan of management, or the amendment, has been prepared” and substituting “that the plan of management, or the amendment, has been prepared to be published in the Gazette  and in a newspaper circulating generally throughout the State”.’

No 11 Page 10 (clause 10) - After line 17 insert new paragraph as follows:-

      (e)     by inserting the following subsection after subsection 10:

      (10a)    A plan of management must not provide for the culling of protected animals from the reserve unless -

      (a)   the Minister is of the opinion that the culling of those animals is the only practicable option for controlling an overpopulation of animals of that species in the reserve; and

      (b)   the plan sets out the Minister’s reasons for that opinion.’

No 12 Page 11, line 4 (clause 14) - After “Gazette”  insert “and in a newspaper circulating generally throughout the State”.

No 13 Page 11, line 19 (clause 14) - After “Gazette”  insert “and in a newspaper circulating generally throughout the State”.

No 14 Page 12, line 6 (clause 15) - After “Gazette”  insert “and in a newspaper circulating generally throughout the State”.

No 15 Page 12, line 7 (clause 15) - Leave out “taken” and insert “killed”.

No 16 Page 12 (clause 15) - After line 7 insert new subsection as follows:-

      “(1a) The Minister must not make a declaration under subsection (1) unless he or she has first sought and considered advice from the Council in relation to the proposed declaration.”

No 17 Page 12, line 11 (clause 15) - Leave out “taken” and insert “killed”.

No 18 Page 12, line 12 (clause 15) - Leave out “take” and insert “kill”.

No 19 Page 12, line 14 (clause 15) - Leave out “taken” and insert “killed”.

No 20 Page 12, line 16 (clause 15) - Leave out “taken” and insert “killed”.

No 21 Page 12 (clause 15) - After line 16 insert new subparagraph as follows:-

“(iv) the period for which the notice will remain in force; and”.

No 22 Page 12, line 18 (clause 15) - After “Gazette”  insert “and in a newspaper circulating generally throughout the State”.

No 23 Page 12 (clause 15) - After line 18 insert new subsection as follows:-

      “(3a) A notice under this section must not remain in force for more than 12 months.”

No 24 Page 12, line 19 (clause 15) - Leave out “take” and insert “kill”.

No 25 Page 12 (clause 15) - After line 20 insert new subsection as follows:-

      “(5)  This section expires on the second anniversary of its commencement.”

No 26 Page 13 (clause 18) - After line 8 insert -

      “Maximum penalty:   $2 000

      Expiation fee:      $200”.

No 27 Page 14, lines 4 to 7 (clause 21) - Leave out section 60BA. and insert new section as follows:-

     60BA.  (1)  The Governor may by regulation declare that a species of protected animal is a species for the purpose of trial farming under this Division.

     (2) A regulation under subsection (1) must set out conditions to which a permit granted under this Division in relation to animals of the species referred to in the regulation will be subject.

     (3) A regulation under subsection (1) expires on the fourth anniversary of its commencement and cannot be remade in relation to the same species of animal.”

No 28 Page 14, lines 14 to 21 (clause 22) - Leave out paragraph (c) and insert new paragraphs as follow:-

      ‘(c)  by striking out subsection (4) and substituting the following subsection:

      (4)   A permit for the trial farming of protected animals of a particular species expires at the expiration of the term for which it was granted or when the declaration under section 60BA in relation to that species expires whichever occurs first.;

      (d)   by inserting after “section 69” in subsection (6) “or by a notice under section 60BA”.’

No 29 Page 14 (clause 23) - After line 27 insert new paragraph as follows:-

      (ab)  by striking out subsection (5) and substituting the following subsections:

      (5)   The Minister must, by notice published in the Gazette and in a newspaper circulating generally throughout the State -

      (a)   state the place or places at which copies of the draft code can be inspected or purchased; and

      (b)   invite interested persons to provide the Minister with written comments in relation to the draft code.

      (5a)  A draft code must be made available for public comment for at least three months before adoption by the Minister.”

No 30 Page 15, lines 5 to 8 (clause 24) - Leave out section 60G. and insert new section as follows:-

      60G.  (1)  The Minister may, by notice published in the Gazette, declare that this Division applies to, and in relation to, animals of one or more of the following species:

     (a) red kangaroo - macropus rufus;

     (b) western grey kangaroo - macropus fuliginosus melanops;

     (c) euro (wallaroo) (hill kangaroo) - macropus robustus.

      (2)   The Minister may, by subsequent notice published in the Gazette, vary or revoke a notice under subsection (1).

      that this Division applies to, and in relation to, protected animals of a species (not being a species referred to in subsection (1)) named in the regulation.

      (4)   The Minister must not make a recommendation under subsection (3) unless he or she is satisfied that there is sufficient scientific knowledge available in relation to the species concerned to enable the matters referred to in section 60I.(2)(a), (b), (c) and (d) to be addressed adequately.”

No 31 Page 15, lines 17 and 18 (clause 24) - Leave out “named in a notice published under section 60G.(1)” and insert “to which this Division applies”.

No 32 Page 15 (clause 24) - After line 22 insert new subparagraph as follows:-

      “(iia)  on the ability of the species to maintain natural genetic diversity throughout its population; and”.

No 33 Page 15, lines 31 to 33 (clause 24) - Leave out paragraph (e)  and insert new paragraph as follows:-

      “(e)  specify humane methods and procedures for the killing, capturing and killing and treatment after capture of animals pursuant to a permit under this Division; and”.

No 34 Page 16, lines 5 and 6 (clause 24) - Leave out subsection (4) and insert new subsections as follow:-

      “(4)  The Minister must, by notice published in the Gazette and in a newspaper circulating generally throughout the State -

      (a)   state the place or places at which copies of the draft plan can be inspected or purchased; and

      (b) invite interested persons to provide the Minister with written comments in relation to the draft plan.adoption by the Minister.”

No 35 Page 16, lines 20 to 28 (clause 24) - Leave out subsection (2) and insert new subsection as follows:-

      “(2)  The Minister must not grant a permit under subsection (1) to take animals on a reserve except animals of the following species:

      (a) red kangaroo - macropus rufus;

      (b) western grey kangaroo - macropus fuliginosus melanops;

      (c)   euro (wallaroo) (hill kangaroo) - macropus robustus,

      and then only if -

      (d)   the Minister has adopted a plan of management under section 38 in relation to the reserve; and

      (e)   the plan of management provides for the culling of animals of the species to which the permit relates in order to preserve animal or plant habitats or wildlife; and

      (f)   the permit only authorises the harvesting of animals that would otherwise be culled from the reserve pursuant to the plan of management.”

No 36 Page 17, line 3 (clause 24) - Leave out “or the capture and killing” and insert “the capture and killing and the treatment after capture”.

J M Davis CLERK OF THE LEGISLATIVE COUNCIL

 

     Ordered - That the amendments be taken into consideration forthwith.

In Committee

   Resolved - That Amendment No 1 be disagreed to.

   Resolved - That Amendments Nos 2 to 5 be agreed to.

   Resolved - That Amendments Nos 6 to 8 be disagreed to.

   Resolved - That Amendments Nos 9 to 24 be agreed to.

   Resolved - That Amendment No 25 be disagreed to.

   Resolved - That Amendment No 26 be agreed to.

   Resolved - That Amendment No 27 be disagreed to.

   Resolved - That Amendments Nos 28 to 36 be agreed to.

 

____________

 

     The House having resumed:

Mr Bass reported that the Committee had considered the amendments referred to it and had agreed to Amendments Nos 2 to 5, 9 to 24, 26 and 28 to 36 without amendment, and had disagreed to Amendments Nos 1, 6 to 8, 25 and 27.

 


Education (Teaching Service) Amendment Bill             Message No 90

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Education Act 1972, to which it desires the concurrence of the House of Assembly.

     Legislative Council, 2 April 1996                 H P K Dunn, PRESIDENT

 

     Bill read a first time.

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

 

     Legal Practitioners (Miscellaneous) Amendment Bill            Message No 91

MR SPEAKER - The Legislative Council has agreed to the amendments made by the House of Assembly in the Legal Practitioners (Miscellaneous) Amendment Bill, without any amendment.

     Legislative Council, 2 April 1996                 H P K Dunn, PRESIDENT

 

7    Postponement of business

Ordered - That Orders of the Day: Government Business Nos 1 to 5 be postponed and taken into consideration after Order of the Day: Government Business No 6.

 

8    Racing (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.

 

9    Messages from the Legislative Council

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

 

Expiation of Offences Bill                              Message No 92

MR SPEAKER - The Legislative Council has agreed to the amendment made by the House of Assembly in the Expiation of Offences Bill, without amendment.

     Legislative Council, 2 April 1996                 H P K Dunn, PRESIDENT

 

Rail Safety Bill                                        Message No 93

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to promote the safe construction, maintenance and operation of railways as part of a national approach to rail safety regulation; and for other purposes, to which it desires the concurrence of the House of Assembly.

     Legislative Council, 2 April 1996                 H P K Dunn, PRESIDENT

 

     Bill read a first time.

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

 

Road Traffic (Directions at Level Crossings) Amendment Bill

Amendment Bill                                          Message No 94

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

     Legislative Council, 2 April 1996                 H P K Dunn, PRESIDENT

 

     Bill read a first time.

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

 

Civil Aviation (Carriers’ Liability) (Mandatory Insurance and

   Administration)Amendment Bill                        Message No 95

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Civil Aviation (Carriers’ Liability) Act 1962, to which it desires the concurrence of the House of Assembly.

     Legislative Council, 2 April 1996                 H P K Dunn, PRESIDENT

 

     Bill read a first time.

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

 

Supply Bill                                             Message No 96

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act for the appropriation of money from the Consolidated Account for the financial year ending on 30 June 1997, without amendment.

     Legislative Council, 2 April 1996                 H P K Dunn, PRESIDENT

 

National Parks and Wildlife (Miscellaneous) Amendment Bill          Message No 97

MR SPEAKER - The Legislative Council insists on its amendments Nos 1, 6 to 8, 25 and 27 in the National Parks and Wildlife  (Miscellaneous) Amendment Bill to which the House of Assembly has disagreed. The Bill is returned herewith.

     Legislative Council, 2 April 1996                 H P K Dunn, PRESIDENT

 

     Ordered - That the Message be taken into consideration forthwith.

 

In Committee

 

   Resolved - That the disagreement to Amendment Nos 1, 6 to 8, 25 and 27 be insisted on.

____________

     The House having resumed:

Hon H Allison reported that the Committee had considered the Message referred to it and resolved to insist on its disagreement to Amendments Nos, 1, 6 to 8, 25 and 27.

 

     Conference

The Minister for the Environment and Natural Resources 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 National Parks and Wildlife (Miscellaneous) 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 the Hon F T Blevins, Mr Brokenshire, Ms Hurley, Mr Lewis and the mover be Managers of the Conference on the part of this House.

Question put and passed.

 

10   Racing (Miscellaneous) Amendment Bill

Debate (interrupted by receipt of the foregoing Messages) resumed.

 

11   Message from the Legislative Council

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

 

National Parks and Wildlife (Miscellaneous) Amendment Bill          Message No 98

MR SPEAKER - The Legislative Council has, in reply to Message No 85 from the House of Assembly, agreed to grant a Conference on the National Parks and Wildlife (Miscellaneous) Amendment Bill, as requested by the House of Assembly. The Legislative Council has named the hour of 8.00 pm this day to receive the Managers on behalf of the House of Assembly, at the Second Floor Conference Room of the Legislative Council.

     Legislative Council, 2 April 1996                 H P K Dunn, PRESIDENT

 

The Minister for the Environment and Natural Resources moved - That a Message be sent to the Legislative Council agreeing to the time and place appointed by the Council.

Question put and passed.

 

The Minister for the Environment and Natural Resources moved -That the sitting of the House be continued during the Conference with the Legislative Council on the Bill.

Question put and passed.

 


12   Racing (Miscellaneous) Amendment Bill

Debate (interrupted by receipt of the foregoing Message) resumed.

Question put and passed.

 

     Bill read a second time.

 

In Committee

                              Clauses Nos 1 to 12 agreed to.

                              Clause 13 read.

Mr Foley moved on page 26, lines 19 to 22, to leave out all words in these lines and insert -

“Section 76 of the principal Act is amended by striking out subsection (2) and substituting the following subsection:

(2) TAB must pay to the RIDA Fund the amount of fractions retained by TAB under subsection 73(4) or, if subsection (1) (a) applies, the balance referred to in subsection (1)(b).”

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

                       Clause agreed to.

                       Clauses Nos 14 to 46 agreed to.

                       Schedules 1 and 2 agreed to.

                       Title agreed to.

____________

     The House having resumed:

Mr Bass 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.

 

13   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.

 

14   Public and Environmental Health (Notification of Diseases) 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 and 2 agreed to.

                       Title agreed to.

____________

     The House having resumed:

Mr Bass 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.

 

15   Extension of time for adjournment

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

Question put and passed.

 


16   South Australian Meat Corporation (Sale of Assets) 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 16 agreed to.

                              Schedule agreed to.

                              Title agreed to.

____________

     The House having resumed:

Hon H Allison 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.

 

17   Travel Agents (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.

Question put and passed.

 

     Bill read a second time.

     Proceeded, by leave, to the third reading.

 

     Bill read a third time and passed.

 

18   Wills (Wills for Persons Lacking Testamentary Capacity) 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.

     Proceeded, by leave, to the third reading.

 

     Bill read a third time and passed.

 

19   Postponement of business

Ordered - That Orders of the Day: Government Business Nos 5 and 7 to 12 be postponed and taken into consideration after Order of the Day: Government Business No 13.

 

20   Community Titles 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 74 agreed to.

                              Clauses Nos 75 and 76 amended and agreed to.

                              Clauses Nos 77 to 93 agreed to.

                              Clause No 94 amended and agreed to.

                              Clauses Nos 95 to 132 agreed to.

                              Clause 133 read.

     To report progress and ask leave to sit again.

____________

 

     The House having resumed:

Mr Bass 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.

 

21   Suspension of Standing Orders

The Deputy Premier, without notice, moved - That Standing Orders be so far suspended as to enable 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.

____________

 

It being Midnight

 

WEDNESDAY 3 APRIL 1996

____________

 

22   Community Titles Bill

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

 

In Committee

 

                    Clause No 133 further considered and agreed to.

                    Clauses Nos 134 to 149 agreed to.

                    Clause No 150 inserted.

                    Clauses Nos 151 to 156 agreed to.

                    Schedule amended and agreed to.

                    Title agreed to.

____________

 

     The House having resumed:

Mr Bass 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.

 

23   Conference - National Parks and Wildlife (Miscellaneous) Amendment Bill

The Minister for the Environment and Natural Resources reported - That the Managers have been at the Conference on the National Parks and Wildlife (Miscellaneous) Amendment Bill, which was managed on the part of the Legislative Council by the Hon D V Laidlaw, Hon M J Elliot, Hon R R Roberts, Hon T G Roberts and Hon C V Schaffer 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 House that:

 

As to Amendment No. 1 -

That the Legislative Council do not further insist on this amendment.

 

As to Amendment No. 6 -

That the Legislative Council do not further insist on this amendment.

 


As to Amendment No. 7 -

That the Legislative Council do not further insist on this amendment but make the following amendments in lieu thereof:

Page 6 (clause 6) - After line 9 insert new section as follows :-

“Annual Report”

19CA. (1) The Council must on or before 30 September in each year prepare and deliver to the Minister a report on its operations during the preceding financial year.

(2) The Minister must within 6 sitting days after receiving a report cause copies of the report to be laid before both Houses of Parliament.

Page 8 (clause 6) - After line 12 insert new section as follows :-

“Annual Report”

19JA. (1) A committee must on or before 30 September in each year prepare and deliver to the Minister a report on its operations during the preceding financial year.

(2) The Minister must within 6 sitting days after receiving a report cause copies of the report to be laid before both Houses of Parliament.

(3) Subsection (1) does not apply to a committee that is established on or after 1 July in a financial year and is dissolved before 30 June in the same year.

 

and that the House of Assembly agree thereto.

 

As to Amendment No. 8 -

That the Legislative Council do not further insist on this amendment.

 

As to Amendment No. 25 -

That the Legislative Council amend its amendment by leaving out “second” and inserting “fourth”.

and that the House of Assembly agree thereto.

 

As to Amendment No. 27 -

That the Legislative Council amend its amendment by leaving out sub section (2) and inserting the following sub sections:-

(2) The Minister must by notice published in the Gazette set out conditions to which a permit granted under this Division in relation to animals of the species referred to in a regulation under subsection (1) will be subject.

(2a) The notice must be published in the same issue of the Gazette as the regulation.

(2b) Subsection (2) does not limit the imposition of other conditions under section 60C(6).

and that the House of Assembly agree thereto.

 

24   Message from the Legislative Council

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

 

National Parks and Wildlife (Miscellaneous) Amendment Bill          Message No 99

MR SPEAKER - The Legislative Council, having considered the recommendations from the Conference the National Parks and Wildlife (Miscellaneous) Amendment Bill, has agreed to the same. The Bill is returned herewith.

     Legislative Council, 2 April 1996                 H P K Dunn, PRESIDENT

 

     Ordered - That the Message be taken into consideration forthwith.

 

In Committee

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

 

____________

     The House having resumed:

Mr Bass reported that the Committee had considered the recommendations of the Conference and agreed to the same.

 

25   Adjournment

   House adjourned at 12.16 am until 2.00 pm today.

____________

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

For Wednesday 10 April 1996

Notice of Motion: Government Business-

 

The Minister for Industrial Affairs to move - That he have leave to introduce a Bill for an Act to amend the Workers Rehabilitation and Compensation Act 1986 and the Workers Rehabilitation and Compensation (Dispute Resolution) Amendment Act 1995.

 

For Thursday 11 April 1996

Notice of Motion: Other Motions-

 

Mr Becker to move - That this House congratulates the Government, Australian Major Events, Australian Sports Commission, Bowls Australia, Royal South Australian Bowls Association, Lockleys Bowling Club and Australian Broadcasting Commission on their support, sponsorship, management organisation and broadcasting of the highly acclaimed and most successful Sensational Adelaide World Bowls Championships held at Lockleys Bowling Club from 18 to 31 March.

 

____________

 

Present during the day - All Members except Hon M H Armitage and Mr Rossi.

 

 

 

 

 

                                                        G M Gunn

                                                        SPEAKER

 

G D Mitchell

CLERK OF THE HOUSE OF ASSEMBLY