No 34

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

TUESDAY 4 AUGUST 1998

 

 

1       Meeting of House

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

 

2       Petition No 80

         The Clerk announced that the following Member had lodged a Petition for presentation:

 

80   Hon G M Gunn, from 85 residents of South Australia, requesting that the House urge the Government to oppose the closure of the pedestrian subway under the railyards at Peterborough.

 

3       Answers to questions

Answers to questions on the Notice Paper Nos 138, 143, 151, 154, 157 and 196 were tabled by the Speaker.

 

4       Papers

         The following Papers were tabled:

 

          By the Minister for Industry, Trade and Tourism (Hon J W Olsen) -

               District Council - Barossa Council - By-Law - No 9 - Height of Fences, Hedges and Hoardings Near Intersections

               Rules of Racing - Racing Act - Greyhound Racing Rules - Principal

 

          By the Minister for Primary Industries, Natural Resources and Regional Development (Hon R G Kerin) -

               Fisheries Act - Regulations – Rock Lobster Fisheries General

 

          By the Minister for Human Services (Hon D C Brown) -

               Development Act - City of Port Adelaide Enfield - Enfield (City) Development Plan - Former Hillcrest Hospital Land Plan Amendment, Report on the Interim Operation of

               North Western Adelaide Health Service - By-Laws – Authorised Access

               Regulations under the following Acts -

                     Psychological Practices - Fees

                     Road Traffic – Declaration of Hospitals


          By the Minister for Government Enterprises (Hon M H Armitage) -

               Daylight Saving Act - Regulations – 1998-99 Summertime

               South Australian Ports Corporation - Charter, 1997

 

          By the Minister for Education, Children’s Services and Training (Hon M R Buckby) -

               University of Adelaide -

                     Report, 1997

                     Statutes, 1997.

 

5       Message from the Governor

         The following Message from the Governor was received and read:

 

         Assent to Bills                                                                                         Message No 21

          The Governor informs the House of Assembly that, in the name and on behalf of Her Majesty The Queen, the following Acts have been assented to during the present Session, viz –

               No 36 of 1998 – An Act to amend the Stamp Duties Act 1923

               No 37 of 1998 – An Act to amend the Barley Marketing Act 1993

               No 38 of 1998 – An Act to amend the Gaming Machines Act 1992

               No 39 of 1998 – An Act to amend the Non-Metropolitan Railways (Transfer) Act 1997.

          Government House, 4 August 1998                                                            E J Neal, GOVERNOR

 

6       Questions

         Questions without notice were asked.

 

7       Grievance debate

         The Speaker proposed - That the House note grievances.

         Debate ensued.

         Question put and passed.

 

8       Message from the Legislative Council

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

 

         Appropriation Bill                                                                                   Message No 87

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 year ending on 30 June 1999 and for other purposes, without any amendment.

         Legislative Council, 23 July 1998                                                    J C Irwin, PRESIDENT

 

9       City of Adelaide Bill

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

 

In Committee

                                                Clause No 3 further considered.

                                                Mr Atkinson’s amendments further considered and agreed to.

                                                Clause as amended agreed to.

                                                Clause No 4 postponed.

                                                Clauses Nos 5 to 11 agreed to.

                                                Clause No 12 amended and agreed to.

                                                Clauses Nos 13 to 19 agreed to.

                                                Clause No 20 read.


         Mr McEwen moved on page 9, lines 5 to 8, to leave out subclause (1) and insert in lieu thereof the following subclauses:

 

         (1)  The Adelaide City Council will, from the relevant day, be constituted of –

               (a)  the Lord Mayor; and

               (b)  eight other members.

 

         (1a) Members of the Council holding office pursuant to subsection (1) will be representatives of the area of the Council as a whole.

         Question – That the amendment be agreed to – put.

         Committee divided (No 1):

 


                 Ayes, 24

 

Mr Atkinson

Ms Bedford

Ms Breuer

Ms Ciccarello

Mr Clarke

Mr Condous

Mr Conlon

Mr De Laine

Mr Foley

Mrs Geraghty

Mr Hanna

Mr Hill

Ms Key

Mr Koutsantonis

Ms Maywald

Ms Rankine

Hon M D Rann

Mr Snelling

Ms Stevens

Ms Thompson

Ms White

Mr Williams

Mr Wright

Mr McEwen (Teller)


        Noes, 20

 

Hon M H Armitage

Mr Brokenshire

Hon D C Brown

Hon R B Buckby

Hon I F Evans

Hon G M Gunn

Hon J L Hall

Mr Hamilton-Smith

Hon G A Ingerson

Hon R G Kerin

Hon D C Kotz

Mr Lewis

Hon W A Matthew

Mr Meier

Hon J K G Oswald

Mrs Penfold

Mr Scalzi

Hon R B Such

Mr Venning

Hon M K Brindal (Teller)


 

         So it was resolved in the affirmative.

         Mr Conlon moved on page 9, lines 9 to 11, to leave out subclauses (2) and (3).

         Question – That the amendment be agreed to – put.


         Committee divided (No 2):

 


                 Ayes, 21

 

Mr Atkinson

Ms Bedford

Ms Breuer

Ms Ciccarello

Mr Clarke

Mr De Laine

Mr Foley

Mrs Geraghty

Mr Hanna

Mr Hill

Ms Key

Mr Koutsantonis

Mr McEwen

Ms Rankine

Hon M D Rann

Mr Snelling

Ms Stevens

Ms Thompson

Ms White

Mr Wright

Mr Conlon (Teller)


        Noes, 23

 

Hon M H Armitage

Mr Brokenshire

Hon D C Brown

Hon R B Buckby

Mr Condous

Hon I F Evans

Hon G M Gunn

Hon J L Hall

Mr Hamilton-Smith

Hon G A Ingerson

Hon R G Kerin

Hon D C Kotz

Mr Lewis

Hon W A Matthew

Ms Maywald

Mr Meier

Hon J K G Oswald

Mrs Penfold

Mr Scalzi

Hon R B Such

Mr Venning

Mr Williams

Hon M K Brindal (Teller)


 

         So it passed in the negative.

                                                Clause further amended and agreed to.

                                                Clause No 21 left out.

                                                Clause No 22 amended and agreed to.

                                                Clauses Nos 23 to 32 agreed to.

          Mr Atkinson moved to insert a new clause No 32A as follows:

         Closure of streets, roads, etc. running to boundary of City

         32A. (1) If the Council passes a resolution under section 359 of the Local Government Act 1934 that would have the effect of a prescribed street, road or public place being closed (whether wholly or partially) to vehicles generally or vehicles of a particular class –

 

               (a)  for a continuous period of more than six months; or

 

               (b)  for periods that, in aggregate, exceed six months in any 12 month period,

        

         then –

 

               (c)  the Council must immediately send copies of the resolution to the Presiding Members of both House of Parliament; and

 

               (d)  the Presiding Members must ensure that copies of the resolution are laid before their respective Houses; and

 

               (e)  the resolution is subject to disallowance by either House pursuant to a notice of motion given within 14 sitting days after a copy of the resolution is laid before the House; and

 

               (f)   the resolution takes effect –

 

                     (i)                        if no notice of motion for disallowance is given within the period under paragraph (e) – when that period expires;

 

                     (ii)         if such a notice of motion is given – when the motion is defeated or is withdrawn or lapses.

 

         (2)  In this section –

 

          “prescribed street, road or public place” means a street, road or public place that runs into the area of a council other than the Adelaide City Council, or that runs up to the boundary of the City of Adelaide.

         Question – That the clause be inserted – put.

         Committee divided (No 3):

 


                 Ayes, 24

 

Ms Bedford

Ms Breuer

Ms Ciccarello

Mr Clarke

Mr Condous

Mr Conlon

Mr De Laine

Mr Foley

Mrs Geraghty

Mr Hanna

Mr Hill

Ms Key

Mr Koutsantonis

Mr Lewis

Ms Maywald

Mr McEwen

Ms Rankine

Hon M D Rann

Mr Snelling

Ms Stevens

Ms Thompson

Ms White

Mr Williams

Mr Atkinson (Teller)


        Noes, 18

 

Hon M H Armitage

Mr Brokenshire

Hon D C Brown

Hon R B Buckby

Hon I F Evans

Hon G M Gunn

Hon J L Hall

Mr Hamilton-Smith

Hon G A Ingerson

Hon R G Kerin

Hon W A Matthew

Mr Meier

Hon J K G Oswald

Mrs Penfold

Mr Scalzi

Hon R B Such

Mr Venning

Hon M K Brindal (Teller)


 

         So it was resolved in the affirmative.

                                                New clause inserted.

                                                Clause No 33 agreed to.

                                                Clause No 34 read.

         Mr McEwen moved on page 16, line 9 to leave out “2003” and insert in lieu thereof “2001”.

 

         To report progress and ask leave to sit again.

____________

 

         The House having resumed:

Hon D C Wotton 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      Extension of time for adjournment

The Minister for Local Government (Hon M K Brindal) moved - That the time for moving the adjournment of the House be extended beyond 10.00 pm.

Question put and passed.


11      City of Adelaide Bill

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

 

In Committee

                                                Clause No 34 further considered.

                                                Mr McEwen’s amendment further considered.

Question – That the amendment be agreed to – put.

         Committee divided (No 4):

 


                       Ayes, 24

 

Mr Atkinson

Ms Bedford

Ms Breuer

Ms Ciccarello

Mr Clarke

Mr Condous

Mr Conlon

Mr De Laine

Mr Foley

Mrs Geraghty

Mr Hanna

Mr Hill

Ms Key

Mr Koutsantonis

Mr Lewis

Ms Maywald

Ms Rankine

Hon M D Rann

Mr Snelling

Ms Stevens

Ms Thompson

Ms White

Mr Williams

Mr McEwen (Teller)


        Noes, 18

 

Hon M H Armitage

Mr Brokenshire

Hon D C Brown

Hon R B Buckby

Hon I F Evans

Hon G M Gunn

Hon J L Hall

Mr Hamilton-Smith

Hon G A Ingerson

Hon R G Kerin

Hon W A Matthew

Mr Meier

Hon J K G Oswald

Mrs Penfold

Mr Scalzi

Hon R B Such

Mr Venning

Hon M K Brindal (Teller)


 

         So it was resolved in the affirmative.

                                                Clause as amended agreed to.

                                                Clause No 35 agreed to.

                                                New Clause 35A inserted.

The Minister for Government Enterprises moved on page 17 after line 2, to insert a new clause

35B as follows:

         Special review

35B.     The Minister must, within nine months after the relevant day, complete a review under section 22 of this Act in relation to the issue of whether the area of the Council should be divided into wards (and, if so, the number of councillors who should represent each of those wards) from the general elections held for the Council on the first Saturday of May in 2000.

Question – That the clause be inserted – put.


         Committee divided (No 5):

 


                       Ayes, 19

 

Hon M K Brindal

Mr Brokenshire

Hon D C Brown

Hon M R Buckby

Hon I F Evans

Hon G M Gunn

Hon J L Hall

Mr Hamilton-Smith

Hon G A Ingerson

Hon R G Kerin

Mr Lewis

Hon W A Matthew

Mr Meier

Hon J K G Oswald

Mrs Penfold

Mr Scalzi

Hon R B Such

Mr Venning

Hon M H Armitage (Teller)


        Noes, 23

 

Mr Atkinson

Ms Bedford

Ms Breuer

Ms Ciccarello

Mr Clarke

Mr Condous

Mr De Laine

Mr Foley

Mrs Geraghty

Mr Hanna

Mr Hill

Ms Key

Mr Koutsantonis

Ms Maywald

Mr McEwen

Ms Rankine

Hon M D Rann

Mr Snelling

Ms Stevens

Ms Thompson

Ms White

Mr Williams

Mr Conlon (Teller)


 

         So it passed in the negative.

                                                Clause No 36 agreed to.

                                                New Clause No 37 inserted.

         Mr Atkinson moved on page 17, after line 8, to insert a new clause No 38 as follows:

         Transitional provisions - Roads

         38.  (1) Any resolution of Adelaide City Council in force under section 359 of the local Government Act 1934 immediately before the commencement of this section that relates to Baton Road, North Adelaide expires (unless it has been revoked or has already expired) six months after the commencement of this section.

 

         (2) The Adelaide City Council must, on the expiry or revocation of a resolution referred to in subsection (1), take reasonable steps to re-establish Barton Road, North Adelaide, as a road that is suitable for the two-way movement of public and private vehicular traffic between Hawker Street, Bowden, and Barton Terrace or Mills Terrace, North Adelaide.

         Question – That the clause be inserted – put.


         Committee divided (No 6):

 


                       Ayes, 19

 

Mr Atkinson

Ms Bedford

Ms Breuer

Ms Ciccarello

Mr Clarke

Mr Conlon

Mr De Laine

Mrs Geraghty

Mr Hanna

Mr Hill

Ms Key

Mr Koutsantonis

Ms Rankine

Hon M D Rann

Mr Snelling

Ms Stevens

Ms Thompson

Ms White

Mr Foley (Teller)


        Noes, 23

 

Hon M H Armitage

Mr Brokenshire

Hon D C Brown

Hon R B Buckby

Mr Condous

Hon I F Evans

Hon G M Gunn

Hon J L Hall

Mr Hamilton-Smith

Hon G A Ingerson

Hon R G Kerin

Mr Lewis

Hon W A Matthew

Ms Maywald

Mr McEwen

Mr Meier

Hon J K G Oswald

Mrs Penfold

Mr Scalzi

Hon R B Such

Mr Venning

Mr Williams

Hon M K Brindal (Teller)


 

         So it passed in the negative.

                                                Schedule No 1 left out.

                                                Schedule No 2 amended and agreed to.

                                                Schedule No 3 left out.

                                                Clause No 2 amended and agreed to.

                                                Clause No 4 amended and agreed to.

                                                Title agreed to.

____________

 

         The House having resumed:

Hon D C Wotton reported that the Committee had considered the Bill referred to it and had agreed to the same with amendments.

 

Bill read a third time and passed.

 

12      Suspension of Standing Orders

The Minister for Local Government, 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 an absolute majority of the whole number of Members of the House.

 

13      Postponement of business

Ordered - That Order of the Day: Government Business No 2 be postponed and taken into consideration after Order of the Day: Government Business No 3.

 

14      Independent Industry Regulator Bill

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

Debate resumed.

 

____________

 

It being Midnight

Wednesday 5 August 1998

____________

 

         Question put and passed.

 

In Committee

                                                Clauses Nos 1 to 20 agreed to.

                                                Clauses Nos 21 and 22 amended and agreed to.

                                                Clauses Nos 23 to 43 agreed to.

                                                Schedule agreed to.

                                                Title agreed to.

____________

 

         The House having resumed:

Mr Brokenshire 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.

 

15      Electricity (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.

 

In Committee

                                                Clauses Nos 1 and 2 agreed to.

                                                Clause No 3 read.

 

         To report progress and ask leave to sit again.

____________

 

         The House having resumed:

Mr Brokenshire 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 today.


 

16      Adjournment

         House adjourned at 1.49 am until today at 2.00 pm.

 

____________

 

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

         For Wednesday 5 August 1998

Notice of Motion: Government Business –

 

The Minister for Environment and Heritage to move – That she have leave to introduce a Bill for an Act to amend the National Parks and Wildlife Act 1972.

        

 

         For Thursday 6 August 1998

Notice of Motion: Other Motions –

 

Ms Ciccarello to move – That this House congratulates South Australian cyclists Stuart O’Grady and Patrick Yonker on their outstanding achievements in the Le Tour de France and recognises the success of the Italian rider Marco Pantani for winning both the Tour de France and the Il Giro D’Italia in the same year.

 

____________

 

 

         Present during the day - All Members except Ms Hurley.

 

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

 

         Division No 1 -

               Ayes - Ms Hurley

               Noes - Hon J W Olsen

 

         Division No 2 -

               Ayes - Ms Hurley

               Noes - Hon J W Olsen

 

         Division No 3  -

               Ayes - Ms Hurley and Mr Wright

               Noes - Hon D C Kotz and Hon J W Olsen

 

         Division No 4 -

               Ayes - Ms Hurley and Mr Wright

               Noes - Hon D C Kotz and Hon J W Olsen

 

         Division No 5 -

               Ayes - Hon D C Kotz and Hon J W Olsen

               Noes - Ms Hurley and Mr Wright

 

 

         Division No 6 -

               Ayes - Ms Hurley and Mr Wright

               Noes - Hon D C Kotz and Hon J W Olsen

 

 

 

 

                                                                                                            J K G Oswald

                                                                                                            SPEAKER

 

G D Mitchell

CLERK OF THE HOUSE OF ASSEMBLY