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                                                                                                               No. 35

 

 

VOTES AND PROCEEDINGS

 

 

OF THE

 

 

HOUSE OF ASSEMBLY

 

 

____________

 

WEDNESDAY 12 DECEMBER 1990

 

 

1          Meeting of House

The House met pursuant to adjournment.  The Speaker (Hon. N.T. Peterson) took the Chair and read prayers.

 

2          Conference ‑ Local Government Act Amendment Bill

The Minister of Employment and Further Education (Hon. M.D. Rann) reported as follows:

I have to report that the Managers have been at the Conference on the Local                            Government Act Amendment Bill, which was managed on the part of the Legislative Council by the Minister of Local Government (Hon. J.A.W. Levy), Hon. J.C. Irwin, Hon. D.V. Laidlaw, Hon. I. Gilfillan and Hon. R.R. Roberts and we there received from the Managers on behalf of the Legislative Council the Bill and the following resolution adopted by that House:

That the disagreement to Amendments Nos 9 and 10 of the House of Assembly be insisted on. 

And thereupon the Managers for the two House conferred together and it was agreed that we should recommend to our respective Houses that ‑

As to Amendment No. 9:

That the House of Assembly amend its amendment by ‑

1.     Leaving out in paragraph (a) "1992/1993" and substituting "1993/1994".

2.     Leaving out ‑

'and

(b)   by striking out from subsection (3) "35 per cent" and substituting "50 per cent".'

and that the Legislative Council agree thereto.

As to Amendment No. 10:

That the House of Assembly do not further insist on its amendment.

 

Ordered ‑ That the Report be taken into consideration on motion.


 

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3          Petition No. 80

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

 

80    Mr Lewis, from 120 residents of South Australia, requesting that the House urge the Government to supervise and accept responsibility for the proposed Canaan Homes Development.

 

4          Answers to questions

Answers to questions without notice were tabled by the Speaker.

 

5          Joint Committee on Subordinate Legislation ‑ Minutes of Proceedings

Mr McKee, by leave, brought up the Joint Committee on Subordinate         Legislation Minutes of Proceedings of 12 December 1990.

Minutes received.

 

6          Joint Committee on Subordinate Legislation ‑ Minutes of Evidence

Mr McKee brought up the Minutes of Evidence given before the Joint Committee on Subordinate Legislation on Regulations under the Lottery and Gaming Act, 1936 relating to Instant Lotteries.

Minutes received.

 

7          Joint Committee on Subordinate Legislation ‑ Report

Mr McKee brought up the Fifth Report, 1990 (Second Session), together with Minutes of Evidence of the Joint Committee on Subordinate Legislation.

Report received and read as follows:

At present the Committee is considering Regulations under the South Australian Health Commission Act, 1976, concerning Compensable Patient Fees, made on 22 November and laid on the Table of this House on 4 December 1990.  It is necessary for a Notice of Motion for disallowance to be given in both Houses before the expiration of fourteen sitting days, to allow the Committee time to complete its deliberations.

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

 

8          Questions

Questions without notice were asked.

 

9          Messages from the Legislative Council

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

 

Corporations (South Australia) Bill                                                                                   Message No. 61

MR SPEAKER ‑ The Legislative Council has passed the Bill transmitted herewith, titled an Act to apply certain provisions of laws of the Commonwealth relating to corporations, the securities industry and the futures industry as laws of South Australia; and for other purposes, to which it desires the concurrence of the House of Assembly.

The Legislative Council draws the attention of the House of Assembly to Clause No. 22, printed in erased type, which clause, being a money clause, cannot originate in the Legislative Council, but which is deemed necessary to the Bill.

Legislative Council, 11 December 1990                                                                                G.L. Bruce, PRESIDENT


 

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Bill presented and read a first time.

The Minister of Education (Hon. G.J. Crafter) moved ‑ That this Bill be now read a second time.

Ordered, on motion of Mr Oswald, that the debate be adjourned and resumed   on motion.

 

Electricity Trust of South Australia Act Amendment Bill                                             Message No. 62

MR SPEAKER ‑ The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Electricity Trust of South Australia Act, 1946, without any amendment.

Legislative Council, 12 December 1990                                                                                G.L. Bruce, PRESIDENT

 

Debits Tax Bill                                                                                                                         Message No. 63

MR SPEAKER ‑ The Legislative Council has agreed to the Bill returned   herewith, titled an Act to give effect to arrangements with the Commonwealth for the transfer of the benefit of the debits tax to the State and for that purpose to provide for the imposition and collection of the debits tax and the making of arrangements with the Commonwealth about matters connected with the administration of this Act; and to make a related amendment to the Taxation (Reciprocal Powers) Act, 1989, without any amendment.

Legislative Council, 12 December 1990                G.L. Bruce, PRESIDENT

 

Citrus Industry Organization Act Amendment Bill                                                        Message No. 64

MR SPEAKER ‑ The Legislative Council has agreed to the Bill returned   herewith, titled an Act to amend the Citrus Industry Organization Act, 1965, without any amendment.

Legislative Council, 12 December 1990                                                                                G.L. Bruce, PRESIDENT

 

10       Children's Protection and Young Offenders Act Amendment Bill (No. 2)

The Minister of Family and Community Services (Hon. D.J. Hopgood), pursuant to notice, moved ‑ That he have leave to introduce a Bill for an Act to amend the Children's Protection and Young Offenders Act, 1979.

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 Oswald, that the debate be adjourned until  tomorrow.

 

11       Community Welfare Act Amendment Bill

The Minister of Family and Community Services, pursuant to notice, moved ‑  That he have leave to introduce a Bill for an Act to amend the Community Welfare Act, 1972.

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 Oswald, that the debate be adjourned until  tomorrow.

 

12       Psychologists Bill

The Minister of Health (Hon. D.J. Hopgood), pursuant to notice, moved ‑  That he have leave to introduce a Bill for an Act to provide for the registration of psychologists and to regulate the practice of psychology; to regulate the practice of hypnosis; to repeal the Psychological Practices Act, 1973; and for other purposes.

Question put and passed.


 

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Bill presented and read a first time.

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

Ordered, on motion of Dr Armitage, that the debate be adjourned until  tomorrow.

 

13       Road Traffic Act Amendment Bill (No. 4)

The Minister of Transport (Hon. F.T. Blevins), pursuant to notice, moved ‑  That he have leave to introduce a Bill for an Act to amend the Road Traffic Act, 1961 and to make consequential amendments to the Motor Vehicle Act, 1959.

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 Hon. D.C. Wotton, that the debate be adjourned until tomorrow.

 

14       Address to His Excellency the Governor ‑ Appointment of Members to the   Council of the University of South Australia

The Minister of Employment and Further Education (Hon. M.D. Rann), pursuant to notice, moved ‑ That this House resolves that an Address be forwarded to His Excellency the Governor pursuant to Section 10 (3) (b) of the University of South Australia Act, 1990, recommending the appointment of Mark Kennion Brindal and Murray Royce De Laine to the first Council of the University of South Australia; and that a Message be sent to the Legislative Council requesting their concurrence thereto.

Debate ensued.

Question put and passed.

 

15       Select Committee on Self Defence

Order of the Day read for the Report of the Select Committee on Self   Defence to be brought up.

Mr Groom brought up the Report (Paper No. 160) together with Minutes of   Proceedings and Evidence.

Ordered ‑ That the Report be received.

Ordered ‑ That consideration of the Report be an Order of the Day for   tomorrow.

 

16       Local Government Act Amendment Bill

Ordered ‑ That the Report of the Conference on the Local Government Act   Amendment Bill be now taken into consideration.

 

In Committee

        Resolved ‑ That the recommendations of the Conference be agreed to.

____________

 

The House having resumed:

Mr M.J. Evans reported that the Committee had considered the   recommendations of the Conference and had agreed to the same.


 

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17       Occupational Health, Safety and Welfare Act Amendment Bill

Order of the Day read for consideration of the amendments of the   Legislative Council in the Occupational Health, Safety and Welfare Act Amendment Bill.

 

In Committee

Resolved ‑ That Amendment No. 1 be disagreed to.

Resolved ‑ That Amendment No. 2 be disagreed to and an alterative amendment be made in lieu thereof as follows:

Clause No. 4, page 1, line 32, to leave out paragraph (c) and insert new paragraph as follows:

(c)   by striking out from paragraph (d) of subsection (1) "four" and substituting "five".

Resolved ‑ That Amendment No. 3 be disagreed to.

Resolved ‑ That Amendments Nos 4 to 11 be agreed to.

____________

 

The House having resumed:

Mr M.J. Evans reported that the Committee had considered the amendments  referred to it and had disagreed to Amendments Nos 1 to 3, made an alternative amendment in lieu of Amendment No. 2 and agreed to Amendments Nos 4 to 11 without amendment.

 

18       Senior Secondary Assessment Board of South Australia Act Amendment Bill

Order of the Day read for consideration of the amendment of the   Legislative Council in the Senior Secondary Assessment Board of South Australia Act Amendment Bill.

 

In Committee

Resolved ‑ That the amendment be agreed to.

____________

 

The House having resumed:

Mr M.J. Evans reported that the Committee had considered the amendment  referred to it and had agreed to the same without amendment.

 

19       Postponement of business

Ordered ‑ That Orders of the Day (Government Business) Nos 3 and 4 be   postponed and taken into consideration after Order of the Day (Government Business) No. 6.


 

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20       Housing Co‑operatives Bill

Order of the Day read for the adjourned debate on the question ‑ That the   Housing Co‑operatives Bill be now read a second time.

Debate resumed.

Question put and passed.

 

Bill read a second time.

 

Suspension of Standing Orders

The Minister of Housing and Construction (Hon. M.K. Mayes), without   notice, moved ‑ That Standing Orders be so for suspended as to enable the Bill to be referred to a Select Committee.

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

 

Select Committee

The Minister then moved ‑ That this Bill be referred to a Select Committee with terms of reference as follow:

(a)   the Bill; and

(b)   to consider ‑

(i)    the cost effectiveness of the proposed financial model for the co‑operatives housing program; and

(ii)   the most appropriate means of regulating and administering the co‑operatives housing program.

Question put and passed.

 

And a Committee was appointed consisting of Messrs Becker, Brindal, De Laine and M.J. Evans and the Minister of Housing and Construction.

Ordered ‑ That the Committee have power to send for persons, papers and   records and to adjourn from place to place.

To report on 5 March 1991.

 

21       Residential Tenancies Act Amendment Bill

Order of the Day read for the adjourned debate on the question ‑ That the   Residential Tenancies Act Amendment Bill be now read a second time.

Debate resumed.

Question put and passed.

 

Bill read a second time.

 

Suspension of Standing Orders

The Minister of Housing and Construction, without notice moved ‑ That   Standing Orders be so for suspended as to enable the Bill to be referred to a Select Committee.

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

 

Select Committee

The Minister moved ‑ That this Bill be referred to the Select Committee on                  the Housing Co‑operatives Bill.

Question put and passed.


 

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22       Building Act Amendment Bill

Order of the Day read for the adjourned debate on the question ‑ That the   Building Act Amendment Bill be now read a second time.

Debate resumed.

Question put and passed.

 

Bill read a second time.

 

In Committee

                                                    Clauses Nos 1 to 19 agreed to.

                                                    Schedule agreed to.

                                                    Title agreed to.

____________

 

The House having resumed:

Mr M.J. Evans reported that the Committee had considered the Bill referred to it and had agreed to the same without amendment.

 

Bill read a third time and passed.

 

23       Building Societies Bill

Order of the Day read for the adjourned debate on the question ‑ That the Building Societies Bill be now read a second time.

Debate resumed.

Question put and passed.

 

Bill read a second time.

 

In Committee

                                                    Clauses Nos 1 to 113 agreed to.

                                                    New Clause No. 114 inserted.

                                                    Clauses Nos 115 to 220 agreed to.

                                                    Schedule 1 agreed to.

                                                    Schedule 2 agreed to.

                                                    Title agreed to.

____________

 

The House having resumed:

Mr M.J. Evans 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.

 

24       Adjournment

The Minister of Education (Hon. G.J. Crafter) moved ‑ That the House do now          adjourn.

Debate ensued.

Question put and passed.

House adjourned at 5.25 p.m. until tomorrow at 11.00 a.m.

 

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MOTIONS OF WHICH NOTICE WAS GIVEN

 

For Thursday 13 December 1990

Notice of Motion: Government Business‑‑

 

The Minister of Health to move ‑ That he have leave to introduce a Bill for an  Act to provide for the registration of physiotherapists and to regulate the practice of physiotherapy; to repeal the Physiotherapists Act, 1945; and for other purposes.

 

Notice of Motion: Other Business‑‑

 

Hon. B.C. Eastick to move ‑ That in the opinion of this House the Standing  Orders Committee should consider amendments for ultimate inclusion in the Standing Orders of the House to provide for a Committee of Privilege.

 

____________

 

Present during the day ‑ All the Members except Hon. L.M.F. Arnold.

 

 

 

 

 

                                                                                                                                                                                    N.T. Peterson

                                                                                                                                                                                    SPEAKER

G.D. Mitchell

CLERK OF THE HOUSE OF ASSEMBLY