No 34

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

TUESDAY 18 MARCH 1997

 

 

1       Meeting of House

         The House met pursuant to adjournment.  The Speaker (Hon G M Gunn) took the Chair and read                    prayers.

 

2       Petition No 45

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

 

45   Mr Atkinson, from 1 459 residents of South Australia, requesting that the House urge the Government to reverse its decision to close the Croydon Primary School.

 

3       Answers to questions

Answers to questions without notice were tabled by the Speaker.

 

4       Papers

         The following Papers were tabled:

 

         By the Premier (Hon J W Olsen) -

               Public Sector Management Act 1995 - Appointment of Minister’s Personal Staff

 

         By the Minister for Racing (Hon G A Ingerson) -

               Racing Act - Regulations - Deductions from Bets

 

         By the Treasurer (Hon S J Baker) -

               Regulations under the following Acts -

                     Legal Practitioners - Miscellaneous & Fees

                     Public Corporations - Dissolution of TransAdelaide -

                           Mile End

                           St Agnes

               Rules of Court - Supreme Court - Supreme Court Act - Appeal from District Court

 

         By the Minister for Industrial Affairs (Hon D C Brown) -

               Ministerial Statement - Multi Million Dollar Deal with Austrics Software Package

               Occupational Health, Safety and Welfare Act 1986 - Code of Practice - Tuna Farm Diving

               Regulations under the following Acts -

                     Art Gallery - Opening Times

                     Harbors and Navigation - Person Towed by a Vessel

 

         By the Minister for Health (Hon M H Armitage) -

               Dentists Act - Regulations - Variation

 


         By the Minister for Primary Industries (Hon R G Kerin) -

               Dairy Industry Act 1992 - Review of Operation.

 

5       Public Works Committee - Report - Adelaide Dental Hospital Redevelopment

Mr Oswald brought up the Forty-Ninth Report of the Committee on the Adelaide Dental Hospital Redevelopment.

         Report received.

 

         Ordered to be printed (Paper No 203)

 

6       Questions

         Questions without notice were asked.

 

         Member named

The Speaker named Mr Clarke for refusing to accept the authority of the Chair.

The Member made an apology which was accepted by the Chair.

 

         Questions without notice (interrupted by the foregoing naming) resumed.

 

7       Grievance debate

         The Speaker proposed - That the House note grievances.

         Debate ensued.

         Question put and passed.

 

8       Leave of absence - Mr Caudell

         Mr Meier, by leave, without notice, moved - That one weeks leave of absence be granted to the Member for Mitchell, Mr Caudell, on account of ill health.

         Question put and passed.

 

9       Message from the Legislative Council

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

 

         Water Resources Bill                                                                  Message No 67

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to provide for the management of the State’s water resources; to repeal the Catchment Water Management Act 1995, the Water Resources Act 1990 and other Acts; and for other purposes, with the amendments indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

         Legislative Council, 6 March 1997                                                   H P K Dunn, PRESIDENT

 

Schedule of amendments made by the Legislative Council

No 1     Page 4 (clause 3) - After line 13 insert new definition as follows:-

‘“prescribed water resource” includes underground water to which access is obtained by prescribed wells;’

No 2     Page 10, line 1 (clause 7) - After “drinking” insert “or cooking”.

No 3     Page 14 (clause 12) - After line 21 insert new paragraph as follows:-

(ab)to authorise a person to erect, construct or enlarge contour banks to divert surface water solely for the purpose of preventing or reducing soil erosion but only if -

(i)   the land concerned is in the district of a soil conservation board under the Soil     Conservation and Land Care Act 1989; and

(ii)   an approved district plan or approved property plan that includes guidelines, recommendations or directions in relation to the erection or construction of contour banks is in force; and

(iii)  the contour banks are erected or constructed in accordance with those guidelines, recommendations or directions.”


No 4     Page 14, lines 26 and 27 (clause 12) - Leave out paragraph (c)  and insert new paragraph as follows:-

(c) to undertake an activity that is development for the purposes of the Development Act 1993 and that is authorised by a development authorisation under that Act or under a corresponding previous enactment.”

No 5     Page 16, line 25 (clause 15) - Leave out “, occupier or other person”.

No 6     Page 19 (clause 18) - After line 22 insert new subclause as follows:-

“(4a)  Subject to its terms, a permit is binding on and operates for the benefit of the applicant and the owner and occupier of the land to which it relates when it is granted and all subsequent owners and occupiers of the land.”

No 7     Page 19, line 32 (clause 18) - Leave out “cancel” and insert “revoke”.

No 8     Page 20, line 9 (clause 18) - Leave out “cancel” and insert “revoke”.

No 9     Page 23 (clause 22) - After line 13 insert new subclause as follows:-

“(6)  The holder of a well driller’s licence or the former holder of a licence may appeal to the Court against a decision of the Minister under subsection (4)(a)  or (5) on the ground that the decision was harsh or unreasonable.”

No 10    Page 28, lines 3 to 6 (clause 34) - Leave out subclause (2) and insert new subclauses as follow:-

“(2)  Subject to subsection (2a), allocations obtained from the Minister will be free of charge (except for fees to cover administrative costs and expenses) unless the relevant water allocation plan provides for payment.

(2a)  Subsection (2) does not apply in relation to an allocation that -

(a)  the Minister has purchased; or

(b)  has been forfeited to the Minister on cancellation of the water licence on which it was endorsed.

(2b)  If the relevant water allocation plan provides for payment, all allocations obtained from the Minister must be sold by the Minister in accordance with the regulations by public auction or tender or, if either of those methods fail, by private contract.”

No 11    Page 28 (clause 34) - After line 9 insert new subclauses as follow:-

“(3a)  Before allocating water the Minister may direct that an assessment of the effect of allocating the water be made (at the expense of the person to whom the water is to be allocated) by an expert appointed or approved by the Minister.

(3b)  The Minister may refuse to allocate water to a person who has committed an offence against this Act.”

No 12    Page 28, line 10 (clause 34) - Leave out “subsection (2)” and insert “subsection (2b)”.

No 13    Page 28, line 32 (clause 36) - Leave out “proclamation” and insert “declaration”.

No 14    Page 29, lines 28 to 30 (clause 36) - Leave out subclause (8) and insert new subclause as follows:-

“(8)  If the quantity of water available for allocation exceeds the entitlements of existing users, the Minister may allocate the excess in accordance with the relevant water allocation plan and section 34.”

No 15    Page 29 (clause 36) - After line 30 insert new subclause as follows:-

“(8a)  An entitlement referred to in subsection (1)(b) may be transferred to another person with the approval of the Minister.”

No 16    Page 30, line 36 (clause 37) - After “regulations” insert “made by the Governor on the recommendation of the Minister”.

No 17    Page 30 (clause 37) - After line 38 insert new subclause as follows:-

“(5)  Before making a recommendation to the Governor for the purposes of subsection (3), the Minister must -

(a)  consult the water resource planning committee established in relation to the water resource; and

(b)  cause to be published in the Gazette, in a newspaper circulating generally throughout the State and in a local newspaper a notice outlining the proposed recommendation, stating the reasons for it and inviting interested persons to make written submissions to the Minister in relation to the proposal within a period (being at least three months)             specified in the notice; and

(c)  have regard to the views of the committee and to all submissions made in accordance with the notice.”

No 18    Page 31 (clause 38) - After line 14 insert new subclause as follows:-

“(4a)  The Minister may refuse to vary the licences if the transfer of the whole or part of a water allocation is to a person who has committed an offence against this Act.”

No 19    Page 31, lines 25 to 28 (clause 39) - Leave out paragraph (b)  and insert new paragraph as follows:-

(b) be accompanied by the fee prescribed by regulation and the licence or licences affected by the application.”

No 20    Page 36 (clause 45) - After line 22 insert word and paragraph as follows:-

“and

(c)  specify the kind or kinds of information to which subsection (4) applies.”

No 21    Page 36, lines 23 to 28 (clause 45) - Leave out subclause (4) and insert new subclauses as follow:-

“(3a)  Subject to subsection (4), the Minister must make information referred to in subsection (1)(d) publicly available.

(4)  Where a person has provided information of a kind to which this subsection applies (see subsection (3)(c)) under subsection (3)(b), the Minister -

(a)  must seek the consent of the person who provided the information to make it publicly available and must make it publicly available if consent is given;

(b)  must not disclose that information to another person without the consent of the person who provided it.”

No 22    Page 36 (clause 45) - After line 28 insert new subclause as follows:-

“(5) Without limiting the directions that the Minister may give to a catchment water management board or a water resources planning committee, the Minister may direct a board or committee to observe practices and comply with standards specified by the Minister in relation to the gathering, recording and keeping of information.”

No 23    Page 38, line 25 (clause 50) - Leave out “in the opinion of the Minister” and insert “in the opinion of the Association”.

No 24    Page 38, line 28 (clause 50) - Leave out “in the opinion of the Minister” and insert “in the opinion of the Council”.

No 25    Page 38, line 32 (clause 50) - Leave out “in the opinion of the Minister” and insert “in the opinion of the Federation”.

No 26    Page 38, line 36 (clause 50) - After “board” insert “who has been nominated from a panel of three persons submitted by a majority of the catchment water management boards”.

No 27    Page 39, lines 11 and 12 (clause 51) - Leave out subparagraph (ii) and insert new sub-paragraph as follows:-

“(ii)  the extent to which implementation of the Plan has achieved the object of this Act,

and, where the council thinks fit, make recommendations in writing to the Minister as to changes that should be made to the Plan; and”.

No 28    Page 39, lines 18 to 20 (clause 51) - Leave out paragraph (c)  and insert new paragraph as follows:-

(c) at the direction of the Minister -

(i)   to examine and assess the extent to which a particular water allocation plan has been implemented; and

(ii)   to examine and assess the extent to which implementation of the plan has achieved the object of this Act,

and, where the council thinks fit, to make recommendations to the Minister as to the directions that the Minister should give to the appropriate catchment water management board or water resources planning committee in relation to implementation of the plan; and”.

No 29    Page 39 (clause 51) - After line 22 insert new paragraph as follows:-

(da)      on its own initiative to advise the Minister on any matter relating to the state and condition of the State’s water resources or the management of those resources if it is necessary to do so in order to achieve the object of this Act; and”.

No 30    Page 42, line 21 (clause 59) - Leave out subclause (iv) and insert new subclause as follows:-

“(iv) knowledge of and experience in local government or local administration gained in the catchment area of the board as a member or employee of a council or a local administrative body in an out of council area.”

No 31    Page 42, lines 29 to 31 (clause 59) - Leave out subclause (3) and insert new subclause as follows:-

“(3)  When nominating persons for membership of a board the Minister must endeavour, as far as practicable, to include persons -

(a)  who are aware of the interests of the persons who use, may use or who benefit in any other way from, the water resources in the board’s catchment area; and

(b)  who have knowledge of and experience in the use of land or water for the purpose or purposes for which land or water is most commonly used in the board’s catchment area.”

No 32    Page 43, line 21 (clause 62) - After “situated”  insert “if the owner or occupier agrees to the assignment”.

No 33    Page 47, lines 34 to 36 (clause 68) - Leave out subclause (5) and insert new subclause as follows:-

“(5) Before making a by-law under subsection (1), a board -

(a)  must consult the constituent council in whose area the water, watercourse or lake or infrastructure to which the by-law will apply is situated; and

(b)  must cause to be published in the Gazette  and in a local newspaper a notice setting out the text of the proposed by-law, stating the reasons for it and inviting interested persons to make written submissions to the board in relation to the proposal within a period (being at least six weeks) specified in the notice; and

(c)  must have regard to the views of the council and to all submissions made in accordance with the notice; and

(d)  may amend the text of the proposed by-law in response to one or more of those views or submissions.”

No 34    Page 50 (clause 75) - After line 24 insert new subclauses as follow:-

“(4)  A board must make copies of its annual reports available for inspection and purchase by members of the public.

(5)  A board must not charge for inspection of a report and must not charge more than the fee prescribed by regulation for sale of copies of a report.”

No 35    Page 51, lines 31 and 34 (clause 77) - Leave out “proclamation” wherever occurring and insert, in each case, “regulation”.

No 36    Page 52, lines 4, 5 and 6 (clause 77) - Leave out “proclamation” wherever occurring and insert, in each case, “regulation”.

No 37    Page 52, lines 26 to 30 (clause 81) - Leave out subclause (1) and insert new subclause as follows:-

“(1)  Where a prescribed watercourse or lake or a part of the State in which prescribed wells are situated or a surface water prescribed area is not situated within the catchment area of a catchment water management board, the Minister must, by notice in the Gazette, either -

(a)  establish a water resources planning committee in relation to the prescribed water resource; or

(b)  commit the water resource to an existing water resources planning committee.”

No 38    Page 52, line 31 (clause 81) - Leave out “The notice” and insert “A notice establishing a committee”.

No 39    Page 52 (clause 81) - After line 35 insert new subclause as follows:-

“(2a)  A notice committing a prescribed water resource to a committee must identify the resource and the committee.”

No 40    Page 53, line 1 (clause 81) - After “notice” secondly occurring insert “establishing a committee”.

No 41    Page 53, lines 13 and 14 (clause 83) - Leave out subclause (1) and insert new subclause as follows:-

“(1)  The members of the committee must be persons who, in the opinion of the Minister, collectively have -

(a)  knowledge of and experience in the management or development of water resources or any other natural resources; and

(b)  knowledge of and experience in the use of water resources; and

(c)  knowledge of and experience in the conservation of ecosystems; and

(d)  knowledge of and experience in local government.”

No 42    Page 53, line 20 (clause 84) - After “water resource” insert “, or each of its water resources,”.

No 43    Page 57 (clause 90) - After line 9 insert new subclauses as follow:-

“(3)  The Plan must -

(a)  assess the state and condition of the water resources of the State; and

(b)  identify existing and future risks of damage to, or degradation of, the water resources of the State; and

(c)  include proposals for the use and management of the water resources of the State to achieve the object of this Act; and

(d)  include an assessment of the monitoring of changes in the state and condition of the water resources of the State and include proposals for monitoring those changes in the future.

(4)  If the document “South Australia - Our Water, Our Future” referred to in subsection (1) does not meet one or more of the requirements of subsection (3), the Minister must, as soon as practicable after the commencement of this Act, amend it or substitute a new plan so that those requirements are satisfied.”

No 44    Page 57, lines 12 and 13 (clause 91) - Leave out “to achieve the object of this Act” and insert “to comply with section 90(3) or to achieve the object of this Act.”

No 45    Page 60, lines 32 to 35 (clause 93) - Leave out subclause (6) and insert new subclause as follows:-

“(6)  If the board has identified a change that, in its opinion, is necessary or desirable to a Development Plan, it must -

(a)  submit proposals for the amendment of the Development Plan to the municipal or district council or councils whose area or areas will be affected by the amendment; and

(b)  submit the proposals to the Minister for the time being administering the Development Act 1993 together with submissions relating to the proposals (if any) made to the board by a council referred to in paragraph (a) within six weeks after the proposals were submitted to the council; and

(c)  if it has the agreement of that Minister to do so, include the proposals for the amendment of the Development Plan in the proposal statement.”

No 46    Page 63 (clause 95) - After line 16 insert new subclauses as follow:-

‘(8)  Within seven days after adopting a plan that provides that the whole or part of the funds required for implementation of the plan should be raised by a levy under Division 1 of Part 8 or should comprise an amount to be contributed by the constituent councils of the board’s catchment area under Division 2 of Part 8 (in   this section referred to as a “levy proposal”) the Minister must refer the plan to the          Economic and Finance Committee of Parliament.

(9)  The Economic and Finance Committee must, after receipt of a plan under subsection (8) -

(a)  resolve that it does not object to the levy proposal; or

(b)  resolve to suggest amendments to the levy proposal; or

(c)  resolve to object to the levy proposal.

(10) If, at the expiration of 21 days from the day on which the plan was referred to the Economic and Finance Committee, the Committee has not made a resolution under subsection (9), it will be conclusively presumed that the Committee does not object to the levy proposal and does not propose to suggest any amendments to it.

(11) If an amendment is suggested under subsection (9)(b)   -

(a)  the Minister may make the suggested amendment; or

(b)  if the Minister does not make the suggested amendment, he or she must report back to the Committee that he or she is not willing to make the amendment suggested by the Committee (in which case the Committee may resolve that it does not object to the levy proposal as originally adopted, or may resolve to object to the proposal).

(12) If the Economic and Finance Committee resolves to object to a levy proposal, a copy of the plan must be laid before the House of Assembly.

(13) If the House of Assembly passes a resolution disallowing the levy proposal of a plan laid before it under subsection (12) the proposal ceases to have effect.

(14) A resolution is not effective for the purposes of subsection (13) unless passed in pursuance of a notice of motion given within 14 sitting days (which need not fall within the same session of Parliament) after the day on which the plan was laid before the House.

(15) Where a resolution is passed under subsection (13), notice of the resolution must forthwith be published in the Gazette.’

No 47    Page 63 (clause 96) - After line 23 insert new word and paragraph as follows:-

“and

(c)  consult the municipal or district council or councils whose area or areas will be affected by the proposed amendment of the Development Plan.”

No 48    Page 64, line 18 (clause 97) - Leave out “If” and insert “Subject to subsection (7), if”.

No 49    Page 64 (clause 97) - After line 27 insert new subclause as follows:-

“(7) If an amendment provides under subsection (3)(a)(iii) that funds should be raised by a levy under Part 8 Division 1 or should comprise or include an amount to be contributed by constituent councils, the procedures set out in section 95(8) to (15) must be followed when the plan is amended.”

No 50    Page 65, line 34 (clause 101) - After “water resource” insert “, or each of its water resources,”.

No 51    Page 66 (clause 101) - After line 12 insert new paragraph as follows:-

“(ca)      in providing for the allocation of water take into account the present and future needs of the occupiers of land in relation to the existing requirements and future capacity of the land and the likely effect of those provisions on the value of the land; and”.

No 52    Page 68, lines 9 to 12 (clause 102) - Leave out subclause (6) and insert new subclause as follows:-

“(6)  If the board or committee has identified a change that, in its opinion, is necessary or desirable to a Development Plan, it must -

(a)  submit proposals for the amendment of the Development Plan to the municipal or district council or councils whose area or areas will be affected by the amendment; and

(b)  submit the proposals to the Minister for the time being administering the Development Act 1993 together with submissions relating to the proposals (if any) made to the board or committee by a council referred to in paragraph (a) within six weeks after the proposals were submitted to the council; and

(c)  if it has the agreement of that Minister to do so, include the proposals for the amendment of the Development Plan in the proposal statement.”

No 53    Page 70 (clause 105) - After line 34 insert new word and paragraph as follows:-

“and

(c)  consult the municipal or district council or councils whose area or areas will be affected by the proposed amendment of the Development Plan.”

No 54    Page 73, lines 11 to 14 (clause 109) - Leave out subclause (6) and insert new subclause as follows:-

“(6)  If the council has identified a change that, in its opinion, is necessary or desirable to a Development Plan, it must -

(a)  submit proposals for the amendment of the Development Plan to any other municipal or district council or councils whose area or areas will be affected by the amendment; and

(b)  submit the proposals to the Minister for the time being administering the Development Act 1993 together with submissions relating to the proposals (if any) made to the council by another council referred to in paragraph (a) within six weeks after the proposals were submitted to the council; and

(c)  if it has the agreement of that Minister to do so, include the proposals for the amendment of the Development Plan in the proposal statement.”

No 55    Page 75 (clause 112) - After line 23 insert new word and paragraph as follows:-

“and

(c)  consult the other municipal or district council or councils (if any) whose area or areas will be affected by the proposed amendment of the Development Plan.”


No 56    Page 78 (clause 121) - After line 17 insert new paragraph as follows:-

(ab)     identifying particular problems (if any) relating to the management of the water resource and suggesting solutions to those problems; and”.

No 57    Page 78 (clause 121) - After line 18 insert new paragraph as follows:-

“and

(c)  explaining why it is necessary to declare a levy or levies under this Division in relation to the water resource.”

No 58    Page 79, line 13 (clause 122) - After “water” insert “allocated or”.

No 59    Page 83, line 28 (clause 126) - After “taken” insert “(except for domestic or stock purposes)”.

No 60    Page 96, line 5 (clause 142) - Leave out “a water licence or permit” and insert “a water licence, a well driller’s licence or a permit”.

No 61    Page 103 (clause 158) - After line 31 insert new paragraph as follows:-

(ia) make provisions for, or relating to, the composition, powers, functions and           procedures of the Water Well Drilling Committee; and”.

No 62    Page 107, line 28 (Schedule 2) - After “water resource” insert “or water resources”.

No 63    Page 107, lines 35 to 40 (Schedule 2) and page 108, lines 1 to 11 (Schedule 2) - Leave out subclauses (5) and (6) and insert new subclauses as follow:-

“(5) The council, a board or committee may order that the public be excluded from attendance at a meeting -

(a)  in order to consider in confidence information or a matter within the ambit of subclause (6) if the council, board or committee is satisfied that it is reasonably foreseeable that the public disclosure or discussion of the information or matter at the meeting could -

(i)   cause significant damage or distress to a person; or

(ii)   cause significant damage to the interests of the council, board, or committee or to the interests of a person; or

(iii)  confer an unfair commercial or financial advantage on a person,

and that accordingly, on this basis, the principle that meetings should be conducted in a place open to the public has been outweighed by the need to keep the information or discussion confidential; or

(b)  in order to consider in confidence information provided by a public official or authority (not being an officer or employee of the council, board or committee or a person engaged by the council, board or committee) with a request or direction by that public official or authority that it be treated as confidential; or

(c)  in order to ensure that the council, board or committee does not breach any law, order or direction of a court or tribunal constituted by law, or other legal obligation or duty, or in order to ensure that the council, board or committee does not unreasonably expose itself to any legal process or liability.

(6)  The following information or matters are within the ambit of this subclause:

(a)  legal advice, or advice from a person employed or engaged by the council, board or committee to provide specialist professional advice;

(b)  information relating to actual or possible litigation involving the council, board or committee or an officer or employee of the council, board or committee;

(c)  complaints against an officer or employee of the council, board or committee, or proposals for the appointment, suspension, demotion, disciplining or dismissal of an officer or employee of the council, board or committee, or proposals relating to the future remuneration or conditions of service of an officer or employee of the council, board or committee;

(d)  tenders for the supply of goods or the provision of services (including the carrying out of works), or information relating to the acquisition or disposal of land;

(e)  information relating to the health or financial position of a person, or information relevant to the safety of a person;

(f)   information that constitutes a trade secret, that has commercial value to a person (other than the council, board or committee), or that relates to the commercial or financial affairs of a person (other than the council, board or committee).”

No 64    Page 108, line 25 (Schedule 2) - Leave out “water resource is” and insert “water resource or water resources are”.


No 65 Page 112 (Schedule 3) - After line 12 insert new subclause as follows:-

“(1a)  A proclamation under the Water Resources Act 1990 referred to in subclause (1) -

(a)  will be taken to be a regulation under this Act; and

(b)  in the case of a proclamation proclaiming a well, will, unless varied by regulation, be taken to exclude the operation of section 7(5).”

J M Davis, CLERK OF THE LEGISLATIVE COUNCIL

 

         Ordered - That the Message be taken into consideration forthwith.

 

In Committee

         Resolved - That the amendments be agreed to.

____________

 

         The House having resumed:

Hon H Allison reported that the Committee had considered the amendments referred to it and had agreed to the same without amendment.

 

10      Suspension of Standing Orders

The Minister for Local Government (Hon E S Ashenden), without notice, moved - That Standing Orders be so far suspended as to enable the introduction of three Bills without notice, and their passage through all stages without delay.

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

 

11      Local Government (City of Adelaide Elections) Amendment Bill

The Minister for Local Government, pursuant to order, moved - That he have leave to introduce a Bill for an Act to amend the Local Government Act, 1934.

Question put and passed.

 

         Bill presented and read a first time.

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

         Debate ensued.

         Question put and passed.

 

         Bill read a second time.

         Proceeded, by leave, to the third reading.

 

         Bill read a third time and passed.

 

12      Racing (Interstate Totalizator) Amendment Bill

The Deputy Premier (Hon G A Ingerson), pursuant to order, moved - That he have leave to introduce a Bill to amend the Racing Act, 1976.

Question put and passed.

 

         Bill presented and read a first time.

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

         Debate ensued.

         Question put and passed.

 

         Bill read a second time.

         Proceeded, by leave, to the third reading.

 

         Bill read a third time and passed.

 


13      Public Finance and Audit (Miscellaneous) Amendment Bill

The Treasurer, pursuant to order, moved - That he have leave to introduce a Bill to amend the Public Finance and Audit Act, 1987.

Question put and passed.

 

         Bill presented and read a first time.

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

         Debate ensued.

Question put and passed.

 

         Bill read a second time.

         Proceeded, by leave, to the third reading.

 

         Bill read a third time and passed.

 

14      Postponement of business

Ordered - That Orders of the Day: Government Business Nos 1 to 6 be Orders of the Day for tomorrow.

 

15      Statutes Amendment (Superannuation) Bill

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

Debate ensued.

         Question put and passed.

 

         Bill read a second time.

         Proceeded, by leave, to the third reading.

 

         Bill read a third time and passed.

 

16      Postponement of business

Ordered - That Order of the Day: Government Business No 8 be postponed and taken into consideration after Order of the Day: Government Business No 9.

 

17      St. John (Discharge of Trusts) Bill

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

Debate ensued.

Question put and passed.

 

         Bill read a second time.

         Proceeded, by leave, to the third reading.

 

         Bill read a third time and passed.

 

18      Message from the Legislative Council

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

 

         Alice Springs to Darwin Railway Bill                                                      Message No 68

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to authorise an agreement between the South Australian and the Northern Territory governments for the construction of a railway between Alice Springs and Darwin; and for other purposes, without any amendment.

         Legislative Council, 18 March 1997                                                 H P K Dunn, PRESIDENT

 


19      RSL Memorial Hall Trust Bill

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

Debate ensued.

Question put and passed.

 

         Bill read a second time.

         Proceeded, by leave, to the third reading.

 

         Bill read a third time and passed.

 

20      Postponement of business

Ordered - That Order of the Day: Government Business No 10 be an Order of the Day for tomorrow.

 

21      Postponement of business

Ordered - That Order of the Day: Government Business No 11 be postponed and taken into consideration after Order of the Day: Government Business No 13.

 

22      Postponement of business

Ordered - That Order of the Day: Government Business No 12 be an Order of the Day for tomorrow.

 

23      Legal Practitioners (Membership of Board and Tribunal) Amendment Bill

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

Debate ensued.

Question put and passed.

 

         Bill read a second time.

         Proceeded, by leave, to the third reading.

 

         Bill read a third time and passed.

 

24      Criminal Law Consolidation (Self Defence) Amendment Bill

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

Debate ensued.

         Question put.


         House divided (No 1):

 


                       Ayes, 26

 

Hon H Allison

Mr Andrew

Mr Bass

Mr Becker

Mr Brokenshire

Mr Buckby

Mr Condous

Mr Cummins

Mr Evans

Mrs Greig

Mrs Hall

Hon G A Ingerson

Hon R G Kerin

Mrs Kotz

Mr Leggett

Mr Lewis

Mr Meier

Mr Oswald

Mrs Penfold

Mrs Rosenberg

Mr Rossi

Mr Scalzi

Hon R B Such

Mr Wade

Hon D C Wotton

Hon S J Baker (Teller)


        Noes, 10

 

Hon F T Blevins

Mr Clarke

Mr De Laine

Mrs Geraghty

Ms Hurley

Mr Quirke

Hon M D Rann

Ms Stevens

Ms White

Mr Atkinson (Teller)


 

         So it was resolved in the affirmative.

 

         Bill read a second time.

 

In Committee

                                                Clause No 1 agreed to.

                                                Clause No 2 read.

Mr Atkinson moved on page 2, after line 12, to insert the following subsection:

“(4A) If the defendant genuinely believed a threat to exist, the question whether the defendant’s conduct was proportionate to the perceived threat is to be decided by reference to objective standards of reasonableness.

Exception -

If the defendant was acting in response to the act of a trespasser on land of which the defendant was the occupier, or a person lawfully on the land by permission of the occupier, the question whether the defendant’s conduct was proportionate to the perceived threat is to be decided by reference to the defendant’s state of mind so that if the defendant genuinely believed the conduct to be reasonable response to the threat, the conduct is to be regarded as proportionate to the threat.”

To report progress and ask leave to sit again.

____________

 

The House having resumed:

Hon H Allison 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.

 

25      Extension of time for adjournment

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

Question put and passed.

 


26      Criminal Law Consolidation (Self Defence) Amendment Bill

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

 

In Committee

                                       Clause No 2 further considered.

                                       Mr Atkinson’s amendment further considered.

Question - That the amendment be agreed to - put.

 

Committee divided (No 2):

 


            Ayes, 11

 

Hon F T Blevins

Mr Clarke

Mr De Laine

Mrs Geraghty

Ms Hurley

Mr Lewis

Hon M D Rann

Mr Rossi

Ms Stevens

Ms White

Mr Atkinson (Teller)


        Noes, 24

 

Mr Andrew

Mr Bass

Mr Becker

Mr Brokenshire

Mr Buckby

Mr Condous

Mr Cummins

Mr Evans

Mrs Greig

Hon G M Gunn

Mrs Hall

Hon G A Ingerson

Hon R G Kerin

Mr Leggett

Mr Meier

Mr Oswald

Mrs Penfold

Mrs Rosenberg

Mr Scalzi

Hon R B Such

Mr Venning

Mr Wade

Hon D C Wotton

Hon S J Baker (Teller)


 

         So it passed in the negative.

 

Mr Atkinson moved on page 3, after line 13, to insert the following subsection:

(3A) If the defendant genuinely believed a threat to exist, the question whether the defendant’s conduct was proportionate to the perceived threat is to be decided by reference to objective standards of reasonableness.

Exception -

If the defendant was acting in response to the act of a trespasser on land of which the defendant was the occupier, or a person lawfully on the land by permission of the occupier, the question whether the defendant’s conduct was proportionate to the perceived threat is to be decided by reference to the defendant’s state of mind so that if the defendant genuinely believed the conduct to be reasonable response to the threat, the conduct is to be regarded as proportionate to the threat.

Question - That the amendment be agreed to - put.


Committee divided (No 3):

 


            Ayes, 10

 

Hon F T Blevins

Mr Clarke

Mr De Laine

Mrs Geraghty

Ms Hurley

Mr Quirke

Hon M D Rann

Ms Stevens

Ms White

Mr Atkinson (Teller)


        Noes, 25

 

Mr Andrew

Mr Bass

Mr Becker

Mr Brokenshire

Mr Buckby

Mr Condous

Mr Cummins

Mr Evans

Mrs Greig

Hon G M Gunn

Mrs Hall

Hon G A Ingerson

Hon R G Kerin

Mr Leggett

Mr Lewis

Mr Meier

Mr Oswald

Mrs Penfold

Mrs Rosenberg

Mr Scalzi

Hon R B Such

Mr Venning

Mr Wade

Hon D C Wotton

Hon S J Baker (Teller)


 

         So it passed in the negative.

                                                Clause agreed to.

                                                Title agreed to.

____________

 

         The House having resumed:

Hon H Allison reported that the Committee had further considered the Bill referred to it and had agreed to the same without amendment.

 

The Treasurer moved - That the Bill be now read a third time.

Debate ensued.

Question put.


House divided (No 4)

 


            Ayes, 26

 

Hon H Allison

Mr Andrew

Mr Bass

Mr Becker

Mr Brokenshire

Mr Buckby

Mr Condous

Mr Cummins

Mr Evans

Mrs Greig

Mrs Hall

Hon G A Ingerson

Hon R G Kerin

Mrs Kotz

Mr Leggett

Mr Lewis

Mr Meier

Mr Oswald

Mrs Penfold

Mrs Rosenberg

Mr Scalzi

Hon R B Such

Mr Venning

Mr Wade

Hon D C Wotton

Hon S J Baker (Teller)


        Noes, 9

 

Hon F T Blevins

Mr Clarke

Mr De Laine

Mrs Geraghty

Ms Hurley

Mr Quirke

Ms Stevens

Ms White

Mr Atkinson (Teller)


 

         So it was resolved in the affirmative.

 

Bill read a third time and passed.

 

27      Messages from the Legislative Council

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

 

         Goods Securities (Motor Vehicles) Amendment Bill                               Message No 69

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Goods Securities Act 1986, to which it desires the concurrence of the House of Assembly.

         Legislative Council, 18 March 1997                                                 H P K Dunn, PRESIDENT

 

         Bill read a first time.

 

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

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

 

         Subordinate Legislation (Commencement of Regulations) Amendment Bill      Message No 70

MR SPEAKER - The Legislative Council has disagreed to the amendments made by the House of Assembly in the Subordinate Legislation (Commencement of Regulations) Amendment Bill, for the Reason indicated in the annexed Schedule. The Legislative Council returns the Bill herewith and desires its reconsideration.

         Legislative Council, 18 March 1997                                                 H P K Dunn, PRESIDENT

 

Schedule of the amendments made by the House of Assembly and

disagreed to by the Legislative Council.

No 1     Page 1 - After line 14 insert new clause as follows:-

“Substitution of s.10AA

2A. Section 10AA of the principal Act is repealed and the following section is substituted:

Commencement of regulations

10AA.   Subject to any other Act, a regulation (whether required to be laid before Parliament or not) comes into operation on the day on which it is made or on such later date as is specified in the regulations.”

No 2     Page 1, lines 16 and 17  (clause 3) - Leave out “from subsection (1a) “the reasons” and substituting “detailed reasons”” and insert “subsection (1a)”.

 

Schedule of the reason for disagreeing with the foregoing amendments

Because the amendments are inappropriate.

J M Davis, CLERK OF THE LEGISLATIVE COUNCIL

 

         Ordered - That consideration of the Message be an Order of the Day for tomorrow.

 

28      Electoral (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 ensued.

Ordered, on motion of the Minister, by leave, that the debate be adjourned and resumed on motion.

 

29      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.

 

30      Electoral (Miscellaneous) Amendment Bill

         Ordered - That the adjourned debate in this Bill be now resumed.

         Debate resumed.

____________

 

It being Midnight

 

WEDNESDAY 19 MARCH 1997

____________

 

         Question put and passed.

 

         Bill read a second time.

 

In Committee

                                                Clauses Nos 1 to 5 agreed to.

                                                Clause No 6 amended and agreed to.

                                                Clauses Nos 7 to 9 agreed to.

                                                Clause  No 10 amended and agreed to.

                                                Clauses Nos 11 to 15 agreed to.

                                                New Clause 15A inserted.

                                                Clause No 16 amended and agreed to.

                                                Clauses Nos 17 to 27 agreed to.

                                                Schedule No 1 agreed to.

                                                Schedule No 2 amended and agreed to.

                                                Schedule No 3 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 with amendments.

 

Bill read a third time and passed.

 

31      Adjournment

         House adjourned at 1.10 am until today at 2.00 pm.

____________

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

               For Wednesday 19 March 1997

 

         Notice of Motion: Government Business -

 

The Treasurer to move - That he have leave to introduce a Bill for an Act to amend the Pay-roll Tax Act 1971 and the Taxation Administration Act 1996.

 

CONTINGENT NOTICE OF MOTION

 

Contingently on the Order of the Day being read for the adjourned debate on the second reading of the Casino Bill, the Treasurer to move -- That Standing Orders be so far suspended as to enable, forthwith, in relation to the Casino Bill, the Gaming Supervisory Authority (Administrative Restructuring) Amendment Bill, the Liquor Licensing (Administrative Restructuring) Amendment Bill and the Gaming Machines (Administrative Restructuring) Amendment Bill -

(a)  one motion to be moved and one question put in regard to, respectively, the second readings, the Committee’s report stage and the third readings of the Bills together; and

(b)  the Bills to be considered in one Committee of the whole.

 

               For Thursday 20 March 1997

 

         Notice of Motion: Private Members Bills/ Committees/ Regulations -

 

Mr Oswald to move - That the Forty-Ninth Report of the Public Works Committee on the Adelaide Dental Hospital Redevelopment be noted.

 

         Notice of Motion: Other Motions -

 

Mrs Greig to move - That this House congratulates the South Australian Harness Racing Club on its successful and truly outstanding Sensational Adelaide 1997 Interdominion Championships.

 

____________

 

 

Present during the day - All Members except Hon M H Armitage, Mr Caudell (on leave) and Mr Foley (suspended).

 

 

 

 

 

                                                                                                            G M Gunn

                                                                                                            SPEAKER

 

G D Mitchell

CLERK OF THE HOUSE OF ASSEMBLY