No 34

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

WEDNESDAY 16 FEBRUARY 2005

 

 

1       Meeting of House

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

 

2       Petitions Nos 49 and 50

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

 

49   Hon M R Buckby, from 99 electors of South Australia, requesting the House to urge the Government to provide funding of $630 000 to the Gawler Health Service as a priority to ensure services are maintained at a level acceptable to the Board.

 

50   Hon M R Buckby, from 16 members of the South Australian Community, requesting the House to urge the Government to provide immediate land tax relief through the reform of the current land tax system.

 

3       Speaker's Statement –Regional Parliament

The Speaker advised the House of the intention to conduct a regional sitting of the Assembly in Mount Gambier on 3 to 5 May 2005.  Information on this matter would be circulated to Members in due course.

 

4       Paper

         The following Paper was tabled:

 

By the Minister for Environment and Conservation (Hon J D Hill) –

      National Environment Protection Council – Report 2003-2004.

 

5       Legislative Review Committee - Report – Fourteenth

 

Fourteenth Report

Mr Hanna brought up the 14th Report of the Committee.

Report received.

 

6       Questions

Questions without notice were asked.

Ordered on motion of the Deputy Premier (Hon K O Foley), that the period for asking questions without notice be extended by 5 minutes.

Questions without notice resumed.

 

7       Grievance debate

On motion of the Speaker, the House noted grievances.

 

 

 

 

8       Postponement of business

Ordered - That Notice of Motion: Private Members Bills/Committees/Regulations No 1 be postponed and taken into consideration after Notice of Motion: Private Members Bills/Committees/Regulations No 2.

 

9       Dignity in Dying Bill

Hon R B Such, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to provide for the administration of medical procedures to assist the death of patients who are hopelessly ill, and who have expressed a desire for the procedures subject to appropriate safeguards.

Question put and passed.

         Bill presented and read a first time.

 

         Hon R B Such moved - That this Bill be now read a second time.

         Ordered, on motion of Mr Goldsworthy, that the debate be adjourned until Wednesday 2 March.

 

10      Postponement of business

Ordered, separately and severally - That Notices of Motion: Private Members Bills/Committees/Regulations Nos 1, 3 and 8 to 12 be postponed until 2 March.

 

11      The Standard Time (Eastern Standard Time) 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 negatived.

 

12      Postponement of business

Ordered - That Order of the Day: Private Members Bills/Committees/Regulations No 2 be postponed until 9 March.

 

13      The Standard Time (True Central Standard Time) 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.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

         House divided (No 1):

 

           Ayes, 12

 

           Noes, 34

Mr Brindal

Hon M J Atkinson

Hon M R Buckby

Ms Bedford

Ms Chapman

Ms Breuer

Hon G M Gunn

Mr Brokenshire

Mr Hamilton-Smith

Hon D C Brown

Hon W A Matthew

Mr Caica

Dr McFetridge

Ms Ciccarello

Mr Meier

Hon P F Conlon

Mrs Redmond

Hon I F Evans

Mr Scalzi

Hon K O Foley

Mr Venning

Mr Goldsworthy

Mrs Penfold (Teller)

Mrs Hall

 

Mr Hanna

 

Hon J D Hill

 

Hon R G Kerin

 

Hon S W Key

 

Hon D C Kotz

 

Mr Koutsantonis

 

Hon J D Lomax-Smith

 

Ms Maywald

 

Hon R J McEwen

 

Mr O'Brien

 

Ms Rankine

 

Hon M D Rann

 

Mr Rau

 

Mr Snelling

 

Hon L Stevens

 

Hon R B Such

 

Ms Thompson

 

Hon J W Weatherill

 

Hon P L White

 

Mr Williams

 

Hon M J Wright

 

Mrs Geraghty (Teller)

 

         So it passed in the negative.

 

14      Postponement of business

Ordered, separately - That Orders of the Day: Private Members Bills/Committees/Regulations Nos 4 and 5 be postponed until 2 March.

 

15      Shop Trading Hours (Tourist Precincts) 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 negatived.

 

16      Constitution (Basic Democratic Principles) Amendment Bill

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

Debate resumed.

 

____________

 

The two hours for consideration of Private Members Business having expired, the debate was adjourned [Minister for Families and Communities (Hon J W Weatherill), by leave] and made an Order of the Day for Wednesday 2 March.

____________

 

 

17      Postponement of business

Ordered, severally - That Orders of the Day: Government Business Nos 1 and 2 be postponed and taken into consideration after Order of the Day: Government Business No 3.

 

 

 

18      Statutes Amendment (Liquor, Gambling and Security Industry) Bill

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

Debate resumed.

         Question put and passed.

 

         Bill read a second time.

         Proceeded, by leave, to the third reading.

 

         Bill read a third time and passed.

 

19      Parliamentary Committees (Public Works) Amendment Bill

Order of the Day read for the adjourned motion of Mr Hamilton-Smith - That it be an instruction to the Committee of the whole House that it have power to consider amendments relating to the functions of the Economic and Finance Committee and procedure at meetings of Parliamentary standing committees.

Motion resumed.

Debate ensued.

Question put.

 

         House divided (No 2):

 

           Ayes, 17

 

           Noes, 23

Hon D C Brown

Hon M J Atkinson

Hon M R Buckby

Ms Bedford

Ms Chapman

Ms Breuer

Hon I F Evans

Mr Caica

Mr Goldsworthy

Ms Ciccarello

Hon G M Gunn

Hon K O Foley

Mrs Hall

Mrs Geraghty

Hon D C Kotz

Mr Hanna

Hon W A Matthew

Hon S W Key

Dr McFetridge

Mr Koutsantonis

Mr Meier

Hon J D Lomax-Smith

Mrs Penfold

Hon K A Maywald

Mrs Redmond

Hon R J McEwen

Mr Scalzi

Mr O'Brien

Mr Venning

Ms Rankine

Mr Williams

Mr Rau

Mr Hamilton-Smith (Teller)

Mr Snelling

 

Hon L Stevens

 

Hon R B Such

 

Ms Thompson

 

Hon J W Weatherill

 

Hon M J Wright

 

Hon P F Conlon (Teller)

 

         So it passed in the negative.

 

In Committee

Clauses Nos 1 to 3 agreed to.

Clause No 4 read.

 

Hon W A Matthew moved on page 2, line 13 to 15, delete lines and substitute:

Computing project means a project involving the purchase of any components of computing technology to improve services, including computer hardware, software products, software modification, software development, cabling, building work, furnishings, associated labour costs, consultancy fees and equipment; and on page 3, subclause (3) (b), delete ”software development”

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

 

         To report progress and ask leave to sit again.

 

____________

 

         The House having resumed:

Hon R B Such reported that the Committee had considered the Bill referred to it, had made progress therein and asked leave to sit again.

Ordered - That the Committee have leave to sit again on motion.

 

20      Extension of time for adjournment

Ordered, on motion of the Minister for Infrastructure (Hon P F Conlon), that the time for moving the adjournment of the House be extended beyond 10.00 pm.

 

21      Parliamentary Committees (Public Works) Amendment Bill

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

 

In Committee

Clause No 4 further considered and agreed to.

Clause No 5 agreed to.

Clause No 6 read.

 

Mr Hanna moved on page 4, line 21, to delete "$10 000 000" and substitute:

$5 000 000

Question – That the amendment be agreed to – put.

 

         Committee divided (No 3):

 

           Ayes, 19

 

           Noes, 21

Hon D C Brown

Hon M J Atkinson

Hon M R Buckby

Ms Bedford

Ms Chapman

Ms Breuer

Hon I F Evans

Mr Caica

Mr Goldsworthy

Ms Ciccarello

Hon G M Gunn

Hon K O Foley

Mrs Hall

Mrs Geraghty

Mr Hamilton-Smith

Hon S W Key

Hon D C Kotz

Mr Koutsantonis

Hon I P Lewis

Hon J D Lomax-Smith

Hon W A Matthew

Hon K A Maywald

Dr McFetridge

Hon R J McEwen

Mr Meier

Mr O'Brien

Mrs Penfold

Ms Rankine

Mrs Redmond

Mr Rau

Mr Scalzi

Mr Snelling

Mr Venning

Hon L Stevens

Mr Williams

Ms Thompson

Mr Hanna (Teller)

Hon J W Weatherill

 

Hon M J Wright

 

Hon P F Conlon (Teller)

 

         So it passed in the negative.

 

Hon I P Lewis moved on page 4, to delete subclause (4)(a) and in line 38, subclause (4)(b) after “has” to insert “unanimously”

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

 

Hon W A Matthew moved on page 5, to delete subclause (5)

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

 

Mr Hanna moved on page 5, after line 5, to insert:

(5a)      In determining what is a public work, and in estimating the future cost of a public work, any artificial division of a project so as to make it appear to be a number of separate projects is to be ignored.

Question – That the amendment be agreed to – put.

 

 

 

 

 

 

 

 

         Committee divided (No 4):

 

           Ayes, 4

 

           Noes, 36

Hon G M Gunn

Hon M J Atkinson

Hon I P Lewis

Ms Bedford

Mr Venning

Ms Breuer

Mr Hanna (Teller)

Hon D C Brown

 

Hon M R Buckby

 

Mr Caica

 

Ms Chapman

 

Ms Ciccarello

 

Hon I F Evans

 

Hon K O Foley

 

Mrs Geraghty

 

Mr Goldsworthy

 

Mrs Hall

 

Mr Hamilton-Smith

 

Hon S W Key

 

Hon D C Kotz

 

Mr Koutsantonis

 

Hon W A Matthew

 

Hon J D Lomax-Smith

 

Hon K A Maywald

 

Hon R J McEwen

 

Dr McFetridge

 

Mr Meier

 

Mr O'Brien

 

Mrs Penfold

 

Ms Rankine

 

Mr Rau

 

Mrs Redmond

 

Mr Scalzi

 

Mr Snelling

 

Hon L Stevens

 

Ms Thompson

 

Hon J W Weatherill

 

Mr Williams

 

Hon M J Wright

 

Hon P F Conlon (Teller)

 

         So it passed in the negative.

 

Clause No 6 agreed to.

Schedule agreed to

Title agreed to.

 

____________

 

         The House having resumed:

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

 

The Minister for Infrastructure moved - That this Bill be now read a third time.

Debate ensued.

Question put.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

         House divided (No 5):

 

           Ayes, 23

           Noes, 17

 

Hon M J Atkinson

Hon D C Brown

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 S W Key

Hon D C Kotz

Mr Koutsantonis

Dr McFetridge

Hon J D Lomax-Smith

Mr Meier

Hon K A Maywald

Mrs Penfold

Hon R J McEwen

Mrs Redmond

Mr O'Brien

Mr Scalzi

Ms Rankine

Mr Venning

Mr Rau

Mr Williams

Mr Snelling

Hon W A Matthew (Teller)

Hon L Stevens

 

Hon R B Such

 

Ms Thompson

 

Hon J W Weatherill

 

Hon M J Wright

 

Hon P F Conlon (Teller)

 

 

         So it was resolved in the affirmative.

 

Bill read a third time and passed.

 

22      Adjournment

House adjourned at 11.36 pm until tomorrow at 10.30 am.

 

 

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MOTION OF WHICH NOTICE WAS GIVEN

 

 

            For Thursday 3 March 2005

 

Notice of Motion: Other Motions -

 

Ms Chapman to move – That this House congratulates the 2004 secondary school graduates who received merit certificates at Government House on 15 February 2005 and encourages their pursuit in further education opportunities.

 

 

 

 

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Present during the day - All Members.

 

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

 

         Division No 2 -

               Ayes – The Leader of the Opposition (Hon R G Kerin), Mr Brokenshire, Mr Brindal.

               Noes – The Premier (Hon M D Rann), Minister for Transport (Hon P L White), Minister for Environment and Conservation (Hon J D Hill).

 

 

 

         Division No 3 -

               Ayes – The Leader of the Opposition (Hon R G Kerin), Mr Brokenshire, Mr Brindal.

               Noes – The Premier (Hon M D Rann), Minister for Transport (Hon P L White), Minister for Environment and Conservation (Hon J D Hill).

 

         Division No 5 -

               Ayes - The Premier (Hon M D Rann), Minister for Transport (Hon P L White), Minister for Environment and Conservation (Hon J D Hill).

               Noes - The Leader of the Opposition (Hon R G Kerin), Mr Brokenshire, Mr Brindal.

 

 

 

 

 

 

                                                                                                                        Peter Lewis

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY