No 35

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

WEDNESDAY 3 APRIL 1996

 

1    Meeting of House

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

 

2    Petitions Nos 90 and 91

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

 

90 Mr Clarke, from 371 residents of South Australia, requesting that the House urge the Government to recognise and provide education programmes for children with specific learning difficulties.

 

91 Mrs Geraghty, from 641 residents of South Australia, requesting that the House urge the Government not to permit residential development of the lands adjacent to the Hope Valley Reservoir.

 

3    Answers to questions

An answer to a question without notice was tabled by the Speaker.

 

4    Questions

     Questions without notice were asked.

 

5    Legislative Review Committee - Reports

Mr Cummins brought up the Twentieth Report of the Committee.

     Report received and read as follows:

The Committee has the honour to report that it is of the opinion that the following By-Laws should be disallowed on the grounds the By-Laws contain a provision which unduly trespasses on the rights previously established by law. By-Laws referred to:-

No 2 of the District Council of Minlaton concerning Moveable Signs made on 17 November 1995 and laid on the table of this Council on 6 February 1996,

        and

No 2 of the District Council of Yorketown concerning Moveable Signs made on 17 November 1995 and laid on the table of this House on 6 February 1996.

 

Mr Cummins brought up the Twenty First Report of the Committee.

     Report received and read as follows:

The Committee has the honour to report that it is of the opinion that the following By-Law should be disallowed on the grounds the By-Law contain a provision which is ultra vires. By-Law referred to:-

No 7 of the Corporation of Port Lincoln concerning Keeping of Dogs, made on 13 November 1995 and laid on the table of this House on 6 February 1996.

The Committee is also of the opinion that the By-Law has not satisfied statutory requirements in regard to section 90(5) of the Dog and Cat Management Act 1995.

 

Mr Cummins brought up the Twenty Second Report of the Committee.

     Report received and read as follows:

The Regulations listed hereunder are at present being considered by the Legislative Review Committee. Evidence is being taken in regard to these regulations and it is necessary for Notices of Motion for Disallowance to be given in both Houses before the expiration of 14 sitting days, to allow the Committee time to complete its deliberations.

Honourable Members are warned that after further consideration has been given to these Regulations, the Committee may decide to take no further action.

Regulations referred to:-

Corporation of Port Lincoln By-Law No. 9 - Council Land

Local Government Act 1934 - Regulations - Superannuation Board - Various

Corporation of Marion By-Law No. 2 - Moveable Signs

Corporation of Marion By-Law No. 3 - Council Land

Explosive Act 1975 - Regulations - Carriage and Sale

Corporation of West Torrens By-Law No. 2 Moveable Signs

Veterinary Surgeons Act 1985 - Regulations - Fees and Charges.

 

Mr Cummins brought up the Twenty Third Report of the Committee.

     Report received.

 

6    Grievance debate

     The Speaker proposed - That the House note grievances.

     Debate ensued.

     Question put and passed.

 

7    Next day of sitting

The Deputy Premier (Hon S J Baker) moved - That the House at its rising adjourn until Wednesday 10 April at 2.00 pm.

Question put and passed.

 

8    Workers Rehabilitation and Compensation (Dispute Resolution) Amendment Bill

The Minister for Industrial Relations (Hon G A Ingerson), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Workers Rehabilitation and Compensation Act and the Workers Rehabilitation and Compensation (Dispute Resolution) Act.

Question put and passed.

 

     Bill presented and read a first time.

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

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

 

9    Education (Teaching Service) Amendment Bill

     Order of the Day read for the second reading of this Bill.

The Minister for Employment, Training and Further Education moved - That this Bill be now read a second time.

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

 

10   Rail Safety Bill

     Order of the Day read for the second reading of this Bill.

The Minister for Industry, Manufacturing, Small Business and Regional Development (Hon J W Olsen) moved - That this Bill be now read a second time.

     Ordered, on motion of Mr Atkinson, that the debate be adjourned until Wednesday next.

 

11   Road Traffic (Directions at Level Crossings) Amendment Bill

Order of the Day read for the second reading of this Bill.

The Minister for Industry, Manufacturing, Small Business and Regional Development moved - That this Bill be now read a second time.

     Ordered, on motion of Mr Atkinson, that the debate be adjourned until Wednesday next.

 

12   Civil Aviation (Carriers’ Liability) (Mandatory Insurance and Administration) Amendment Bill

     Order of the Day read for the second reading of this Bill.

The Minister for Industry, Manufacturing, Small Business and Regional Development moved - That this Bill be now read a second time.

     Ordered, on motion of Mr Atkinson, that the debate be adjourned until Wednesday next.

 

13   Road Traffic (Exemption of Traffic Law Enforcement Vehicles) Amendment Bill

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

Debate resumed.

     Question put and passed.

 

     Bill read a second time.

     Proceeded, by leave, to the third reading.

 

     Bill read a third time and passed.

 

14   Motor Vehicle (Miscellaneous) Amendment Bill

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

Debate resumed.

     Question put and passed.

 

     Bill read a second time.

     Proceeded, by leave, to the third reading.

 

     Bill read a third time and passed.

 

15   Motor Vehicle (Miscellaneous No. 2) Amendment Bill

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

Debate resumed.

     Question put and passed.

 

     Bill read a second time.

 

In Committee

                              Clauses Nos 1 to 42 agreed to.

                              Clause No 43 inserted.

                              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 an amendment.

 

Bill read a third time and passed.

 

16   Environment, Resources and Development Committee - Leave to sit

The Minister for Industry, Manufacturing, Small Business and Regional Development, by leave, moved - That the Environment, Resources and Development Committee have leave to sit during the sitting of the House today.

Question put and passed.

 

17   Stamp Duties (Miscellaneous) Amendment Bill

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

Debate resumed.

     Question put and passed.

 

     Bill read a second time.

     Proceeded, by leave, to the third reading.

 

     Bill read a third time and passed.

 

18   Suspension and resumption of sitting

     At 5.44 pm the sitting of the House was suspended.

     At 9.51 pm the Speaker resumed the Chair.

 

19   Extension of time for adjournment

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

Question put and passed.

 

20   Suspension and resumption of sitting

     At 9.52 the sitting of the House was suspended.

     At 11.01 pm the Speaker resumed the Chair.

 

21   Message from the Legislative Council

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

 

     Racing (Miscellaneous) Amendment Bill                   Message No 100

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Racing Act 1976, with the amendments and suggested amendment indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly, and which suggested amendment the Legislative Council requests the House of Assembly to make to the said Bill.

     Legislative Council, 3 April 1996                 H P K Dunn, PRESIDENT

 

Schedule of the amendments made by the Legislative Council

 

No 1  Page 3, line 18 (clause 4) - Leave out “five members” and insert “not less than five nor more than seven members”.

No 2  Page 4, lines 34 and 35 (clause 4) - Leave out subclause (1) and insert new subclause as follows:-

      “(1)  A quorum of RIDA consists of one-half the total number of its members (ignoring any fraction resulting from the division) plus one further member and no business may be transacted at a meeting of RIDA unless a quorum is present.”

No 3  Page 26, lines 18 to 22 (clause 13) - Leave out the clause and insert new clause as follows:-

         “Amendment of s. 76 - Application of fractions by TAB

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

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

No 4  Page 26, lines 26 to 30 (clause 15) - Leave out the clause and insert new clause as follows:-

         “Amendment of s.78 - Unclaimed dividends

         15.  Section 78 of the principal Act is amended -

         (a)  by striking out subsection (1) and substituting the following subsection:

         (1)  Subject to subsection (1a), TAB is not, after the expiration of 12 months commencing    on the day on which a race is held, liable to pay a dividend on a totalizator bet made with it in respect of the race.;

         (b)  by striking out subsections (2) to (4) (inclusive) and substituting the following subsections:

         (2)  An authorised racing club is not, after the expiration of 12 months commencing on the day on which a race is held, liable to pay a dividend on a totalizator bet made with it in respect of the race.

         (3)   Any amount accruing -

         (a)  to TAB by virtue of subsection (1); or

         (b)  to an authorised racing club by virtue of subsection (2),

         must be paid to the RIDA Fund.”

No 5  Page 26, line 35 (clause 17) - After “is amended” insert the following:-

         “ -

         (a)”.

No 6  Page 26 (clause 17) - After line 36 insert new paragraph as follows:-

         “(b) by striking out subsection (9) and substituting the following subsection:

         (9)  Unclaimed dividends to which TAB is entitled under the agreement must be applied in accordance with section 78.”

No 7  Page 36, lines 14 to 16 (Schedule 1) - Strike out from the table the entries relating to section 78(1) and (2), section 78(3) and (3a) and section 78(4).

No 8  Page 40, lines 13 to 15 (Schedule 1) - Strike out from the table the entries relating to section 146(2)(b), section 146(2)(c) and section 146(3).

 

Schedule of the suggested amendment made by the Legislative Council

 

Page 30 - After line 15 insert new clause as follows:-

   “Amendment of s. 146 - Hospitals Fund

   45A.   Section 146 of the principal Act is amended -

   (a)   by striking out paragraphs (b), (c) and (d) of subsection (2) and substituting the following paragraph:

   (b)   money paid by TAB to the Treasurer and credited to the Fund pursuant to section 69; and;

   (b)   by striking out subsection (3) and substituting the following subsection:

      (3)  The Treasurer may approve amounts to be debited from the Hospitals Fund and credited to the Consolidated Account towards amounts appropriated by Parliament and paid from the Consolidated Account for the purposes of the provision, maintenance, development or improvement of public hospitals or equipment for public hospitals.”

J M Davis CLERK OF THE LEGISLATIVE COUNCIL

 

     Ordered - That the Message be taken into consideration forthwith.

 

In Committee

                        Resolved - That Amendments Nos 1 and 2 be agreed to.

                        Resolved - That Amendments Nos 3 to 8 be disagreed to.

                        Resolved - That the suggested amendment be disagreed to.

____________

 

The House having resumed:

Hon H Allison reported that the Committee had considered the Message referred to it and had agreed to Amendments Nos 1 and 2 without amendment, and had disagreed to Amendments Nos 2 to 8 and the suggested amendment.

 

22   Suspension of Standing Orders

Deputy Premier, without notice, moved - That Standing Orders be so far suspended as to enable House to sit beyond midnight.

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

____________

 

It being Midnight

 

THURSDAY 4 APRIL 1996

____________


23   Messages from the Legislative Council

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

 

     Racing (Miscellaneous) Amendment Bill                   Message No 101

MR SPEAKER - The Legislative Council does not insist on its Amendments No 3 to No 8 and the suggested amendment in the Racing (Miscellaneous) Amendment Bill to which the House of Assembly has disagreed. The Bill is returned herewith.

     Legislative Council, 3 April 1996                 H P K Dunn, PRESIDENT

 

24   Adjournment

     House adjourned at 12.14 am until Wednesday 10 April at 2.00 pm.

____________

 

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

     For Wednesday 10 April 1996

      Notices of Motion: Government Business-

 

The Minister for Mines and Energy to move - That a Select Committee be established to inquire into a proposal for re-proclamation of that area of Yumbarra Conservation Park within which Exploration Licence Application 142/93 is largely contained to enable access for exploration and any future mining to be contingent on a full EIS as a component of the decision making process.

 

The Minister for Primary Industries to move - That he have leave to introduce a Bill for an Act to amend the Fisheries Act 1982.

 

For Thursday 11 April 1996

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

 

Mr Cummins to move - That By-law No 2 of the District Council of Minlaton relating to Moveable Signs, gazetted on 17 November 1995 and laid on the Table of this House on 6 February 1996, be disallowed.

 

Mr Cummins to move - That By-law No 2 of the District Council of Yorketown relating to Moveable Signs, gazetted on 13 November 1995 and laid on the Table of this House on 6 February 1996, be disallowed.

 

Mr Cummins to move - That By-law No 7 of the Corporation of Port Lincoln relating to Keeping of Dogs, gazetted on 13 November 1995 and laid on the Table of this House on 6 February 1996, be disallowed.

 

Mr Cummins to move - That By-law No 9 of the Corporation of Port Lincoln relating to Council Land, gazetted on 23 November 1995 and laid on the Table of this House on 6 February 1996, be disallowed.

 

Mr Cummins to move - That the Regulations under the Local Government Act 1934 relating to the Superannuation Board, gazetted on 21 December 1995 and laid on the Table of this House on 6 February 1996, be disallowed.

 

Mr Cummins to move - That By-law No 2 of the Corporation of Marion relating to Moveable Signs, gazetted on 21 December 1995 and laid on the Table of this House on 6 February 1996, be disallowed.

 

Mr Cummins to move - That By-law No 3 of the Corporation of Marion relating to Council Land, gazetted on 21 December 1995 and laid on the Table of this House on 6 February 1996, be disallowed.

 

Mr Cummins to move - That the Regulations under the Explosives Act 1975 relating to Carriage and Sale, gazetted on 18 January and laid on the Table of this House on 6 February 1996, be disallowed.

 

Mr Cummins to move - That By-law No 2 of the Corporation of West Torrens relating to Moveable Signs, gazetted on 1 February and laid on the Table of this House on 15 February 1996, be disallowed.

 

Mr Cummins to move - That the Regulations under the Veterinary Surgeons Act 1985 relating to Fees and Charges, gazetted on 8 February and laid on the Table of this House on 13 February 1996, be disallowed.

____________

 

 

Present during the day - All Members except Hon M H Armitage, Hon D C Brown, Mr Lewis, Mrs Rosenberg and Mr Rossi.

 

 

 

 

 

                                                      G M Gunn

                                                      SPEAKER

 

G D Mitchell

CLERK OF THE HOUSE OF ASSEMBLY