No 34

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

THURSDAY 29 AUGUST 2002

 

 

1       Meeting of House

The House met pursuant to adjournment.

 

2       Absence of Speaker

The Acting Clerk informed the House of the absence of the Speaker.

Hon R B Such (Chairman of Committees) took the chair as Deputy Speaker.

 

3       Prayers

The Deputy Speaker read prayers.

 

4       Jan Ruff-O’Herne - Motion re

Ms Thompson, pursuant to notice, moved - That this House recognises the contribution made by Jan Ruff-O’Herne to international human rights and in particular, her advocacy for the protection of women during times of war and conflict.

         Debate ensued.

         Question put and passed.

 

5       Great Australian Cattle Drive - Motion re

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

That this House congratulates the South Australian Tourism Commission and the Year of the Outback Team on the success of the Great Australian Cattle Drive, and

      (a)  acknowledges the significant economic benefits and goodwill this historic event has generated across the outback regions of South Australia;

      (b)  congratulates the numerous individuals who participated in this event;

      (c)  recognises the valuable international media coverage this State has received for staging this event; and

      (d)  urges the State Government to financially support the concept of a similar biennial event in the future.

         Debate resumed.

         Ordered, on motion of Mrs Geraghty, that the debate be further adjourned until Thursday 17 October 2002.

 

6       Anangu Pitjantjatjara - Motion re

Order of the Day read for the adjourned debate on the motion of Hon D C Kotz – That the Government show support for the leadership and elected traditional owners and managers of the AP Lands, the Anangu Pitjantjatjara Council by a public announcement in this House.

         Debate resumed.

Ordered, on motion of Mrs Geraghty, that the debate be further adjourned until Thursday 17 October 2002.

 

7       Postponement of business

Ordered severally - That Orders of the Day: Private Members Bills/Committees/Regulations Nos 3 to 6 be postponed until Thursday 17 October 2002.


 

8       Economy of South Australia - Motion re

Order of the Day read for the adjourned debate on the motion of Mr Brokenshire – That this House congratulates the South Australian community, business and the former Liberal Government for their efforts over the past eight years to reposition South Australia to presently be one of the strongest economies in Australia.

         Debate resumed.

Ordered, on motion of Mrs Geraghty, that the debate be further adjourned until Thursday 17 October 2002.

 

9       Mitsubishi and Mitsubishi Workers - Motion re

Order of the Day read for the adjourned debate on the motion of Mr Brokenshire - That this House congratulates Mitsubishi, Mitsubishi workers and all those involved in the successful outcome for Mitsubishi with respect to the building of new models in 2005.

         Debate resumed.

         Question put and passed.

 

10      Postponement of business

Ordered - That Order of the Day: Private Members Bills/Committees/Regulations No 9 be postponed until Thursday 17 October 2002.

 

11      Southern Youth Week Festival - Motion re

Ms Thompson, pursuant to notice, moved – That this House congratulates the City of Onkaparinga and the Southern Youth Exchange on showcasing the talents of the youth of the South through another highly successful Southern Youth Week Festival.

         Debate ensued.

         Question put and passed.

 

12      Postponement of business

Ordered - That Order of the Day: Private Members Bills/Committees/Regulations No 11 be postponed until Thursday 17 October 2002.

 

13      Tourism Industry Discussion Paper - Motion re

Order of the Day read for the adjourned debate on the motion of Mr Hamilton-Smith – That this House congratulates the Federal Government and the Minister for Small Business and Tourism, Hon Joe Hockey MP, on the launch of a Discussion Paper in Adelaide on 2 May 2002, which through industry consultation, is to lead to a White Paper and a final ten year plan to secure the future for the tourism industry in South Australia and across the nation.

         Debate resumed.

         Question put and passed.

 

14      Postponement of business

Ordered - That Order of the Day: Private Members Bills/Committees/Regulations No 13 be postponed until Thursday 17 October 2002.

 

15      Suspension of Standing Orders

Minister for Urban Development and Planning (Hon J W Weatherill), without notice, moved - That Standing Orders be so far suspended as to enable Order of the Day: Government Business No 1 to be taken into consideration forthwith.

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

 

         Native Vegetation (Miscellaneous) Amendment Bill

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

Debate resumed.

Ordered, on motion of the Minister for Environment and Conservation (Hon J D Hill), that the debate be further adjourned and resumed on motion.

        


 

16      Message from the Governor

The following Message from the Deputy Governor was received and read:

 

Statutes Amendment (Environment Protection) Bill - Recommending    Message No 9

The Governor’s Deputy recommends to the House of Assembly the appropriation of such amounts of money as may be required for the purposes mentioned in the Statutes Amendment (Environment Protection) Bill 2002.

Government House, 29 August 2002                                   B Krumins, GOVERNOR’S DEPUTY

 

17      Petitions Nos 36 to 37

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

 

36   Ms Bedford, from 1 170 residents of South Australia, requesting the House support the passage of legislation to remove discriminatory provisions from all State legislation which discriminates against people in same sex relationships.

 

37   Ms Bedford, from 260 residents of South Australia, requesting the House to expedite new legislation to prevent unnecessary court delays.

 

18      Answers to questions

Answers to questions without notice were tabled by the Speaker.

 

19      Paper

         The following Paper was tabled:

 

By the Speaker –

      Auditor-General – Port Adelaide Waterfront Redevelopment: Misdirection of Bid Documents – Final Report.

Ordered to be published (PP 4B).

 

20      Questions

Questions without notice were asked.

 

         Speaker’s ruling

The Speaker gave a ruling on a point of order raised by the Member for Finniss relating to Standing Order 127.

 

Speaker’s ruling – objection to

Hon D C Brown moved – That this House of Assembly moves dissent from the Speaker’s ruling on Standing Order 127.

Debate ensued.


 

         Question put.

         House divided (No 1):

 

           Ayes, 21

 

           Noes, 23

Mr Brindal

Hon M J Atkinson

Mr Brokenshire

Ms Bedford

Hon M R Buckby

Ms Breuer

Ms Chapman

Mr Caica

Hon I F Evans

Ms Ciccarello

Mr Goldsworthy

Hon K O Foley

Hon G M Gunn

Mrs Geraghty

Mrs Hall

Mr Hanna

Mr Hamilton-Smith

Hon J D Hill

Hon D C Kotz

Hon S W Key

Hon W A Matthew

Mr Koutsantonis

Ms Maywald

Hon J D Lomax-Smith

Mr McEwen

Mr O'Brien

Dr McFetridge

Ms Rankine

Mr Meier

Hon M D Rann

Mrs Penfold

Mr Rau

Mrs Redmond

Mr Snelling

Mr Scalzi

Hon L Stevens

Mr Venning

Ms Thompson

Mr Williams

Hon J W Weatherill

Hon D C Brown (Teller)

Hon P L White

 

Hon M J Wright

 

Hon P F Conlon (Teller)

 

         So it passed in the negative.

 

         Questions

Questions without notice (interrupted by the foregoing) resumed.

 

21      Grievance debate

On motion of the Speaker, the House noted grievances.

 

22      Native Vegetation (Miscellaneous) Amendment Bill

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

Debate resumed.

 

23      Extension of time for adjournment

Ordered, on motion of the Minister for Environment and Conservation - That the time for moving the adjournment of the House be extended beyond 5.00 pm.

 

24      Native Vegetation (Miscellaneous) Amendment Bill

Debate (interrupted by the foregoing) resumed.

         Question put and passed.

         Bill read a second time.

 

In Committee

 

                                                            Clauses Nos 1 and 2 agreed to.

                                                            Clause No 3 read.

Hon I F Evans moved on page 4, line 14 to leave out "following definition" and insert:

in lieu thereof “following definitions”;

and on, page 4, after line 15 to insert:

District Court" means the Administrative and Disciplinary Division of the District Court of South Australia;


 

         Question that the amendments be agreed to - put.

         Committee divided (No 2):

 

           Ayes, 20

 

           Noes, 22

Mr Brindal

Hon M J Atkinson

Mr Brokenshire

Ms Bedford

Hon M R Buckby

Mr Caica

Ms Chapman

Ms Ciccarello

Mr Goldsworthy

Hon P F Conlon

Hon G M Gunn

Hon K O Foley

Mrs Hall

Mrs Geraghty

Mr Hamilton-Smith

Mr Hanna

Hon R G Kerin

Hon S W Key

Hon D C Kotz

Mr Koutsantonis

Hon W A Matthew

Hon J D Lomax-Smith

Ms Maywald

Mr O'Brien

Mr McEwen

Ms Rankine

Dr McFetridge

Hon M D Rann

Mr Meier

Mr Rau

Mrs Redmond

Hon L Stevens

Mr Scalzi

Hon R B Such

Mr Venning

Ms Thompson

Mr Williams

Hon J W Weatherill

Hon I F Evans (Teller)

Hon P L White

 

Hon M J Wright

 

Hon J D Hill (Teller)

 

         So it passed in the negative.

                                                            Clause agreed to.

                                                            Clauses Nos 4 to 19 agreed to.

The Hon I F Evans moved on page 12, after line 8 to insert  new clause 19A as follows:

“Insertion of Part 4A

      19A. The following Part is inserted after Part 4 of the principal Act:

PART 4A

ENVIRONMENTAL CREDITS

Environmental credits

25A. (1) Subject to this section, the owner of land that is subject to a heritage agreement under this Act that was entered into after the commencement of this Part is entitled to environmental credits in accordance with a provision (if any) to that effect in the agreement.

      (2) Subject to this section, the owner of land that is subject to a heritage agreement entered into under this Act or the South Australian Heritage Act 1978 that was in force immediately before the commencement of this Part is entitled, on application to the Council, to be issued with environmental credits that, in the opinion of the Council, reflect the environmental benefits arising from the agreement.

      (3) An owner of land is not entitled to environmental credits under subsection (2)—

      (a)in respect of a heritage agreement under the South Australian Heritage Act 1978 in respect of land in relation to which payment was made by the Minister under section 27(1) of the repealed Act; or

      (b)if the heritage agreement was—

      (i)entered into under this Act in compliance with a condition imposed by the Council under this Act on consent to clear native vegetation; or

      (ii)entered into under the South Australian Heritage Act 1978 in compliance with a condition imposed by the Native Vegetation Authority under the repealed Act on consent to clear native vegetation.

      (4) An owner of land is not entitled to environmental credits under this section in respect of—

      (a)Crown land; or

      (b)local government land.

      (5) In subsection (4)—

      "Crown land" means—

      (a)land that has not been granted in fee simple, but not including land held under a Crown lease under the Crown Lands Act 1929 or the Pastoral Land Management and Conservation Act 1989; or

      (b)land that has been granted in fee simple that is vested in the Crown or an agency or instrumentality of the Crown;

      "local government land" means local government land within the meaning of the Local Government Act 1999.

      Register of environmental credits

      25B. The Council must maintain a register of environmental credits provided by a heritage agreement or issued by the Council which—

      (a)includes the name and address of the owner for the time being of the credits; and

      (b)identifies the heritage agreement by which the credits were provided or in relation to which the credits were issued.

      Transfer of environmental credits

      25C. (1) Subject to this section, the owner of environmental credits may transfer them to another person.

      (2) A transfer of environmental credits is not effective until registered by the Council.

      (3) If a person to whom environmental credits have been issued under section 25A(2) transfers them to another person the following provisions apply:

      (a)the consideration (if any) payable for the transfer must be in the form of money and must be paid to the Council; and

      (b)if no consideration is paid for the transfer or the consideration paid is, in the opinion of the Council, less than the market value of the credits, the person transferring the credits must pay to the Council an amount that, in the opinion of the Council, is the market value of the credits or the market value less the amount paid as consideration for the transfer; and

      (c)the Council must determine the amount of money that, in its opinion, will be required—

      (i)to manage the land in relation to which the credits were issued; and

      (ii)to manage the native vegetation on that land and the animals on or visiting that land; and

      (iii)to preserve and enhance the native vegetation on that land; and

      (iv)to provide appropriate and sufficient protection to biodiversity in the circumstances of the particular case,

      in accordance with the heritage agreement in force in relation to the land during the period of 20 years immediately following the determination; and

      (d)the money paid to the Council under paragraph (a) or (b) must be paid by the Council into the Fund to the extent of the amount determined under paragraph (c) and the balance (if any) must be paid to the person to whom the credits were issued; and

      (e)if the person to whom the credits were issued or a subsequent owner of the land in relation to which the credits were issued, applies for assistance under section 24(1)(a) or (b) in respect of the land, the Council must grant the application (subject to such conditions as it thinks fit under section 24(4)) to the extent of the amount paid into the Fund under paragraph (d) that has not previously been granted as assistance under this paragraph.

      (4) Subsection (3) does not affect—

      (a)the transfer of environmental credits by will or on intestacy or any other transfer of the credits by operation of law; or

      (b)the transfer of environmental credits by a subsequent owner of the credits.

      Cancellation of environmental credits

      25D. (1) The Council may, by notice in writing to the owner of environmental credits, cancel them if, in the opinion of the Council, there has been a breach of the heritage agreement by which the credits were provided or in relation to which the credits were issued that has significantly reduced the environmental benefits arising from the heritage agreement.

      (2) The Council may cancel environmental credits under subsection (1) despite the fact that the owner of the credits is not responsible for the breach of the heritage agreement.

      (3) No compensation is payable by the Council in respect of environmental credits cancelled under subsection (1).

      Surrender of environmental credits

      25E. The owner of environmental credits may surrender them to the Council at any time.”

         Question – That the new clause be agreed to – put and negatived

                                                               Clause No 20 read.

 

Hon I F Evans moved on page 12, line 15, to leave out "$100 000" and insert in lieu thereof:

“$50 000.”

         Question – That the amendment be agreed to – put and negatived

 

                                                            Clause No 20 agreed to.

                                                            Clause No 21 read.

 

Hon G M Gunn moved on page 13, after line 3 to insert:

“(ab)by inserting after paragraph (a) the following paragraphs:

(ab)native vegetation may be cleared for a fuel break for fire-control purposes if—

(i)the fuel break is situated within the area of a rural council as defined in the Country Fires Act 1989; and

(ii)it is reasonable in the circumstances that the fuel break be established; and

(iii)the fuel break is not more than—

(A)in the case of a fuel break along an existing fence line—15 metres in width or, if adjacent land has been, or is being, cleared (or sufficiently cleared) for fuel break purposes, 15 metres in width less the width of clearance on the adjacent land;

(B)in any other case—10 metres in width;

(ac)native vegetation may be cleared where—

(i)the purpose of the clearance is to deal with rabbits in the area by filling their burrows; and

(ii)taking action to clear the vegetation and fill the burrows is the most efficient way of dealing with the rabbits; and

(iii)the total area to be cleared does not exceed 0.25 hectare;”

 

and on page 13, after line 29 to insert:

      “(7) In this section—

      "fire-control purposes" are purposes associated with preventing or controlling the spread of fires or potential fires.”

 

Question – That the amendments be agreed to – put and negatived.

                                                            Clause agreed to.

                                                            Clauses Nos 22 to 24 agreed to.

                                                            Clause No 25 read.

Hon I F Evans moved on page 17, lines 20 to 36, page 18, lines 1 to 6, to leave out all words in these lines;

 

         Question – That the amendment be agreed to - put.

         Committee divided (No 3):

 

           Ayes, 20

 

           Noes, 21

Mr Brindal

Hon M J Atkinson

Mr Brokenshire

Ms Bedford

Hon M R Buckby

Ms Breuer

Mr Goldsworthy

Mr Caica

Hon G M Gunn

Ms Ciccarello

Mrs Hall

Mrs Geraghty

Mr Hamilton-Smith

Mr Hanna

Hon R G Kerin

Hon S W Key

Hon D C Kotz

Mr Koutsantonis

Hon I P Lewis

Hon J D Lomax-Smith

Hon W A Matthew

Mr O'Brien

Ms Maywald

Ms Rankine

Mr McEwen

Hon M D Rann

Dr McFetridge

Mr Rau

Mr Meier

Mr Snelling

Mrs Redmond

Hon L Stevens

Mr Scalzi

Ms Thompson

Mr Venning

Hon J W Weatherill

Mr Williams

Hon P L White

Hon I F Evans (Teller)

Hon M J Wright

 

Hon J D Hill (Teller)

 

         So it passed in the negative.

 

Hon G M Gunn moved on page 22, line 23, to leave out the words "or is likely to breach this Act,”;

on page 22, lines 27 and 28, to leave out ", or would constitute,";

and on page 22, lines 33 and 34, to leave out "or likely breach (as the case may be)".

 

Question – That the amendments be agreed to – put and negatived.

                                                               Clause agreed to.

                                                            Clauses Nos 26 and 27 agreed to.

                                                            Clause No 28 read.

 

         To report progress and ask leave to sit again.

___________

 

         The House having resumed:

Mr Snelling 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 on motion.

 

25      Message from the Legislative Council

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

 

         Joint Committee on Immunity from Prosecution for Certain Sexual Offences                                                                   Message No 31

MR SPEAKER - The Legislative Council informs the House of Assembly that it has passed the Resolution transmitted herewith, and desires the concurrence of the House of Assembly thereto.

         Legislative Council, 29 August 2002                                                R R Roberts, PRESIDENT

 

Resolution referred to:

 

I.              That, in the opinion of this Council, a Joint Committee be appointed to inquire into and report on the question whether the immunity from prosecution for certain sexual offences committed before 1 December 1982 conferred by the formed section 76A of the Criminal Law Consolidation Act 1935 remaining after its repeal by the Criminal Law Consolidation Amendment Act 1935 should be removed in whole or in part (“the removal of immunity”) and in particular, to consider and report on –

(a)  the Criminal Law Consolidation (Abolition of Time Limit for Prosecution of Certain Sexual Offences) Amendment Bill 2002;

(b)  whether it is right, in principle and in policy, that a legislative immunity from prosecution, once conferred upon a person, should be retrospectively removed by Act of Parliament;

(c)  whether the importance of bringing alleged offenders to the attention of the criminal justice system should override the difficulties (if any) of the removal of immunity;

(d)  whether the removal of immunity should be limited to offences allegedly committed against children under the age of 12 years; and

(e)  the relevance (if any) of the issues of contaminated or repressed memory in determining the question of the removal of immunity.

II.             That, in the event of a Joint Committee being appointed, the Legislative Council be represented thereon by three Members, of whom two shall form a quorum of Council Members necessary to be present at all sittings of the Committee.

 

The Attorney-General moved – That this House concur with the resolution of the Legislative Council contained in Message No 31 for the appointment of a Joint Committee on prosecution of certain sexual offences, that the House of Assembly be represented on the Committee by three members, of whom two shall form the quorum necessary to be present at all sittings of the Committee; and that the members of the Joint Committee to represent the House of Assembly be Mr Rau, Mr Scalzi and Ms Thompson.

Question put and passed.

 

         Statutes Amendment (Third Party Bodily Injury Insurance)                    Message No 32

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Motor Accident Commission Act 1992 and the Motor Vehicles Act 1959, without any amendment.

         Legislative Council, 29 August 2002                                                R R Roberts, PRESIDENT

 

26      Native Vegetation (Miscellaneous) Amendment Bill

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


 

In Committee

 

                                                            Clause No 28 further considered.

 

Hon G M Gunn moved on page 25, lines 25 and 26, to leave out the words: “or is suspected by the authorised officer of having been used in,”

 

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

 

Hon G M Gunn moved on page 26, line 4, before "take photographs" to insert the words

“with the authority of a warrant issued under section 33C”

 

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

 

Hon I F Evans moved on page 26, lines 7 to 10, to leave out paragraph (g).

 

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

 

         Hon G M Gunn moved on page 26 lines 17 to 20 to leave out (j)

         Amendment, by leave, withdrawn.

 

Hon I F Evans moved on page 30, after line 17, to insert the following:

“Offences by authorised officers, etc.

33EA. An authorised officer, or a person assisting an authorised officer, who—

(a)addresses offensive language to any other person; or

(b)without lawful authority, hinders or obstructs or uses or threatens to use force in relation to any other person,

is guilty of an offence.

Maximum penalty: $5 000.”

 

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

 

                                                            Clause otherwise amended and agreed to.

                                                            Clauses Nos 29 to 31 agreed to.

                                                            New clause No 31 A inserted.

                                                            Clauses Nos 32 to 36 agreed to.

                                                            Schedule agreed to.

                                                            Title agreed to.

____________

 

         The House having resumed:

Mr Snelling reported that the Committee had considered the Bill referred to it and had agreed to the same with amendments.

 

Bill read a third time and passed.

 

27      Messages from the Legislative Council

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

 

         Recreational Services (Limitation of Liability)                                        Message No 33

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to provide for limitation of liability of providers of recreational services; 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, 29 August 2002                                                R R Roberts, PRESIDENT


 

Schedule of the amendments made by the Legislative Council

 

No. 1.   Page 3 (clause 3) - After line 10 insert definition as follows:

            "negative"—a motion before the House of Assembly or the Legislative Council is, for the purposes of this Act, taken to have been negatived if the motion is defeated or the notice of motion lapses;

No. 2.   Page 3, line 16 (clause 3) - Leave out ""recreational activity" means" and insert:

                  "recreational services" means services that consist of participation in

No. 3.   Page 3, lines 21 to 25 (clause 3) - Leave out the definition of "recreational services".

No. 4.   Page 3 (clause 3) - After line 27 insert the following subclause:

            (2) It is Parliament's intention that recreational services should be interpreted in the same way as the corresponding definition in the Trade Practices Act 1974 (Cwth)1.

            1.   The Second Reading Speech given in the House of Representatives on the introduction of the Trade Practices Amendment (Liability for Recreational Services) Bill 2002 implies that "activities such as horse riding, bungee jumping and other similar activities" would fall within the definition of recreational services.

No. 5.   Page 4, lines 6 and 7 (clause 4) - Leave out subclause (4) and insert:

                  (4) Before registering a code, the Minister—

            (a)  may require a proponent to obtain a report on the code's adequacy from a nominated person or association; and

            (b)  must publish an advertisement in a newspaper circulating generally throughout the State—

                  (i)   giving notice of the application; and

                  (ii)   identifying the recreational services to which the code relates; and

            (iii)  stating a place (which may be a website) at which the code may be inspected or from which a copy of the code may be obtained; and

            (iv)  inviting interested persons to make submissions on the adequacy of the code within a period specified in the advertisement (being a period not less than 21 days from the date of publication of the advertisement); and

            (c)  must consider any responses received to the advertisement within the time allowed in the advertisement.

No. 6.   Page 4, lines 8 to 15 (clause 4) - Leave out subclauses (5), (6) and (7) and insert:

            (5)  Unless the Minister refuses to register a code (which the Minister may only do for good reason) the Minister must—

            (a)  register the code by entering it on a website determined by the Minister and publishing notice of its registration in the Gazette; and

            (b)  ensure that a copy of the code is laid before both Houses of Parliament (together with copies of any reports on its adequacy submitted by the proponent).

            (6)  A registered code takes effect as follows—

            (a)  if no notice of a motion to disallow the code is given in either House within 14 sitting days after the code was laid before the House, the code will take effect at the expiration of that period (or if the period is different for each House, on the expiration of the later of those periods);

            (b)  if notice of a motion to disallow the code is given in either or both Houses during that period, the code will take effect when the motion is negatived (or if notice is given in both Houses, when the motion is last negatived),

            (unless the code itself fixes a later day for its commencement).

            (7)  The Minister must ensure—

            (a)  that the register of codes can be inspected at a website determined by the Minister; and

            (b)  that the register differentiates clearly between the codes that are in force and those that are not.

            (7A)      The Minister—

            (a)  may cancel the registration of a code if satisfied that there is good reason to do so; and

            (b)  must cancel the registration of a code if—

                  (i)   either House of Parliament passes a resolution disallowing the code; or

            (ii)   either House of Parliament at some later stage passes a resolution to the effect that registration of the code should be cancelled.

            (7B)      On cancellation of the registration of a code, the Minister must—

            (a)  publish notice of the cancellation in the Gazette; and

            (b)  remove the code from the relevant website.

No. 7.   Page 5 (clause 7) - After line 33 insert new clause as follows:

            (3) The duty to comply with a registered code is a relevant statutory duty of care within the meaning, and for the purposes of, the Law Reform (Contributory Negligence and Apportionment of Liability) Act 2001.

No. 8.   Page 6 - After line 12 insert new clause as follows:

                  Report on implications of these amendments

            11. As soon as practicable after the expiration of 2 years from the commencement of this Act, the Economic and Finance Committee must investigate and report to the Parliament on the effect of this Act on the availability and cost of insurance for providers of recreational services.

 

         Ordered - That the amendments be taken into consideration on motion.

 

         Wrongs (Liability and Damages for Personal Injury) Amendment Bill    Message No 34

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Wrongs Act 1936, with the amendment indicated by the annexed Schedule, to which amendment the Legislative Council desires the concurrence of the house of Assembly.

         Legislative Council, 29 August 2002                                                R R Roberts, PRESIDENT

 

Schedule of the amendment made by the Legislative Council

 

Page 13 – After line 18 insert new clause as follows:

Report on implications of these amendments

7. As soon as practicable after the expiration of 2 years from the commencement of this Act, the Economic and Finance Committee must investigate and report to the Parliament on the effect of the amendments on the availability and cost of public liability insurance.

 

         Ordered - That the amendment be taken into consideration on motion.

 

         Appropriation Bill                                                                       Message No 35

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 2003 and for other purposes, without any amendment.

         Legislative Council, 29 August 2002                                                R R Roberts, PRESIDENT

 

28      Next day of sitting

Ordered, on motion of the Attorney-General - That the House at its rising adjourn until Monday 14 October at 2.00 pm.

 

29      Recreational Services (Limitation of Liability) Bill

         Ordered - That the amendments of the Legislative Council be now taken into consideration.

 

In Committee

 

Resolved - That Amendment No 1 be disagreed to.

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

 

         To report progress and ask leave to sit again.

____________

 

         The House having resumed:

Mr Snelling 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.


 

30      Suspension and resumption of sitting

         At 11.03 pm the sitting of the House was suspended.

         At 11.43 pm the Speaker resumed the Chair.

 

31      Recreational Services (Limitation of Liability) Bill

         Ordered - That further consideration of the amendments of the Legislative Council be now taken into consideration.

 

In Committee

 

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

Amendment No 1 reconsidered and agreed to.

____________

 

         The House having resumed:

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

 

32      Wrongs (Liability and Damages for Personal Injury) Amendment Bill

         Ordered - That the amendment of the Legislative Council be now taken into consideration.

 

In Committee

 

Resolved - That the amendment be agreed to.

____________

 

         The House having resumed:

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

 

33      Adjournment

House adjourned at 11.59 pm until Monday 14 October at 2.00 pm.

 

____________

 

 

MOTION OF WHICH NOTICE WAS GIVEN

 

 

            For Monday 14 October 2002

 

Notice of Motion: Government Business - 

 

The Minister for Urban Development and Planning to move – That this House, pursuant to section 13(7) of the West Beach Recreation Reserve Act 1987, grants its approval to the West Beach Trust granting a lease or licence for a term of up to 50 years over each of the areas within the Reserve within the meaning of the Act identified as “BB”, ”Y” and “Z”, respectively, in the plan described in the General Registry Office numbered GP 496/1999.

 

____________

 

 

Present during the day - All Members.

 

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

 

         Division No 1 -

               Ayes - Hon R G Kerin.

               Noes - Hon I P Lewis.

 

         Division No 2 -

               Ayes - Mrs Penfold.

               Noes - Ms Breuer.

 

         Division No 3  -

               Ayes - Hon D C Brown and Mrs Penfold.

               Noes - Hon P F Conlon and Hon K O Foley.

 

 

 

 

 

                                                                                                                        Peter Lewis

                                                                                                                        SPEAKER

 

David A Bridges

ACTING CLERK OF THE HOUSE OF ASSEMBLY