No 35

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

WEDNESDAY 16 MAY 2001

 

 

1       Meeting of House

         The House met pursuant to adjournment.  The Speaker (Hon J K G Oswald) took the

               Chair and read prayers.

 

2       Petitions Nos 112 to 115

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

 

112 and 113      Minister for Education and Children’s Services (Hon M R Buckby) and the Minister for Police, Correctional Services and Emergency Services (Hon R L Brokenshire), from 52 residents of South Australia, requesting that the House urge the Government to repeal the proclamation permitting the unlimited destruction by commercial horticulturalists of protected native birds.

 

114             Ms Maywald, from 425 residents of South Australia, requesting that the House urge the Government to establish an inquiry into the termination of the contract of Dr Ali Khan by the District Council of Renmark Paringa.

 

115             Mr Wright, from 537 residents of South Australia, requesting that the House ban the personal use of fireworks with the exception of authorised public displays.

 

3       Legislative Review Committee - Reports – Nineteenth and Twentieth

Mr Condous brought up the Nineteenth Report of the Legislative Review 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 on these matters 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 the Regulations, the Committee may decide to take no further action.

Regulations referred to:

Local Government Act 1999 – District Council of Loxton Waikerie – By-law No 7

Development Act 1993 – Regulations – Various.

 

Mr Condous brought up the Twentieth Report of the Committee.

Report received.

 

4       Questions

         Questions without notice were asked.

 

5       Grievance debate

         The Speaker proposed - That the House note grievances.

         Debate ensued.

         Question put and passed.

6       Select Committee on DETE Funded Schools - Leave to sit

The Minister for Tourism (Hon J L Hall), by leave, moved - That the Select Committee on DETE Funded Schools have leave to sit during the sitting of the House today.

Question put and passed.

 

7       Public Works Committee - Report – Provision of Filtered Water to the Central Northern Adelaide Hills – Final Report - Motion to note

Mr Lewis, pursuant to notice, moved - That the One Hundred and Fifty-First Report of the Public Works Committee on the Provision of Filtered Water to the Central Northern Adelaide Hills – Final Report be noted.

Debated ensued.

Question put and passed.

 

8       Public Works Committee - Report – Barcoo Outlet – Status Report - Motion to note

Mr Lewis, pursuant to notice, moved – That the One Hundred and Fifty-Second Report of the Public Works Committee on the Barcoo Outlet – Status Report be noted.

Debated ensued.

Ordered, on the motion of Mr Clarke, that the debate be adjourned until Wednesday 30 May.

 

9       Postponement of business

Ordered - That Orders of the Day: Committee Reports Nos 1 to 4 be postponed until Wednesday 30 May.

 

10      Statutes Amendment (Gambling Regulation No 1) Bill

         Order of the Day read for the further consideration in Committee of this Bill.

 

In Committee

                                                Clause No 21 further considered, amended and agreed to.

 

Mr Lewis moved on page 10, after line 22, to insert a new clause as follows:

Amendment of s. 52—Prohibition of lending or extension of credit

                    21A. Section 52 of the principal Act is amended by—

                    (a)       by striking out from paragraph (a) "the gaming area on";

                    (b)      by striking out paragraph (b) and substituting the following paragraphs:

                                      (b)      who allows a person to use a credit card or charge card for the purpose of paying for playing the gaming machines on the licensed premises or in circumstances where the holder, manager or employee could reasonably be expected to know that the use of the card is for that purpose; or

                                      (c)      who otherwise extends or offers to extend credit to any person for the purpose of enabling the person to play the gaming machines on the licensed premises or in circumstances where the holder, manager or employee could reasonably be expected to know that the credit is to be used for that purpose,.

         Question – That new clause No 21A be inserted – put and negatived.

 

                                                Clause No 22 read.

 

         Mr Lewis moved on page 10, line 28, after “banknote” insert “or token”.

         “or token”

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

 

Mr Lewis moved on page 10, lines 31 and 32, to leave out all words in these lines and insert:

                    (a)       provide any gaming machine on the licensed premises that is fitted with a device or mechanism designed to allow—

                              (i)     the playing of a number of successive games by an automatic process; or

                              (ii)     the playing of more than one game (ie line) simultaneously; or

                              (iii)    betting at a rate of more than 10 cents per play; or

                              (iv)    the playing of music; or

                    (b)      provide any gaming machine in the casino unless it is fitted with a device or mechanism designed to ensure—

                              (i)     that the machine automatically shuts down for at least five continuous minutes at the end of every hour; and

                              (ii)     that whenever credits are displayed on the machine the monetary value of those credits is also clearly displayed.

                              (iii)    that for each game (ie line) played, whether the player has won or lost that game (ie line) is clearly displayed.

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

 

         Mr Lewis moved on page 10, after line 36, to insert a new section as follows:

Smoking prohibited in gaming areas

                    53C. (1) The holder of a gaming machine licence must ensure that smoking of tobacco products does not occur in a gaming area on the licensed premises.

             Maximum penalty: $5 000.

                    (2) A person must not smoke in a gaming area.

             Maximum penalty: $2 000.

             Expiation fee: $300.

                    (3) In this section—

                    "smoking" means smoking, holding or otherwise having control over an ignited tobacco product;

                    "tobacco product" has the same meaning as in the Tobacco Products Regulation Act 1997.

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

 

Mr Lewis moved on page 10, after line 36, to insert a new section as follows:

Food and drink not to be served to person playing gaming machines

                    53D. The holder of a gaming machine licence must not cause, suffer or permit food or drink to be offered or served to a person while the person is at a gaming machine on the licensed premises.

             Maximum penalty: $5 000.

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

 

         Mr Lewis moved on page 10, after line 36, to insert a new section as follows:

Lighting levels in gaming areas

                    53E. The holder of a gaming machine licence must ensure that the nature and level of lighting in each gaming area on the licensed premises is of the standard required for interior office lighting under the Occupational Health, Safety and Welfare Act 1986.

             Maximum penalty: $5 000

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

 

         Mr Lewis moved on page 10, after line 36, to insert a new section as follows:

Prohibition of inducements to bet on gaming machines

                    53F. The holder of a gaming machine licence must not offer or provide a person with any of the following as an inducement to bet, or to continue to bet, on a gaming machine on the licensed premises:

                    (a)       free cash, or free vouchers or gambling chips that can be used for the purposes of making bets on a gaming machine or that can be exchanged for cash;

                    (b)      free points or credits on any machine;

                    (c)       membership (whether on payment of a fee or not) of a jackpot or other gambling club;

                    (d)       free, or discounted, food or drink;

                    (e)       free entry in any lottery;

                    (f)       gifts or rewards of any other kind.

                    Maximum penalty: $35 000 or imprisonment for 2 years.

 

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

 

                                                Clause otherwise amended and agreed to.

 

Mr Lewis moved on page 10, after line 36, to insert a new clause as follows:

Insertion of s. 59A

                    22A. The following section is inserted after section 59 of the principal Act:

                    Commissioner's power to bar

                              59A. (1) The Commissioner may, by written order, bar a person (the excluded person) from the gaming area of specified licensed premises for a period specified in the order or for an unlimited period.

                              (2) The Commissioner may make an order under this section—

                              (a)    on the application of the person against whom the order is to be made; or

                              (b)    on the application of a dependant or other person who appears to have a legitimate interest in the welfare of the person against whom the order is to be made; or

                              (c)    on review of an order made by the licensee barring the person against whom the order is to be made from a gaming area; or

                              (d)    on the Commissioner's own initiative.

                              (3) The order must—

                              (a)    state the grounds on which the order is made; and

                              (b)    set out the rights of the excluded person to have the order reviewed; and

                              (c)    must be given to the person against whom it is made personally or by sending it by post addressed to the person at the last known postal address.

                              (4) An order may be made under this section on any reasonable ground and, in particular, on the ground that the excluded person is placing his or her own welfare, or the welfare of dependants, at risk through gambling.

                              (5) An excluded person who contravenes an order under this section is guilty of an offence.

                    Maximum penalty: $2 500.

                              (6) The holder of a gaming machine licence, an approved gaming machine manager or an approved gaming machine employee who suffers or permits a person to enter or remain in a gaming area from which the person has been barred under this section is guilty of an offence.

                    Maximum penalty: $10 000.

                              (7) The Commissioner may at any time revoke an order under this section.

                              (8) The Commissioner must retain copies of all orders made under this section.

Question – That new clause No 22A be inserted – put and negatived.

 

Mr Lewis moved on page 10, after line 36, to insert a new clause as follows:

Amendment of s. 65—Removal of gaming tokens

                    22B. Section 65 of the principal Act is amended-

                    (a)       by striking out “cash or gaming tokens” and substituting “coins”;

                    (b)      by inserting “inside” after “from”.

Question – That new clause No 22B be inserted – put and negatived.

 

                                                Clause No 23 read.

 

Mr Lewis moved on page 11, after line 6, to insert a new subsection as follows:

             (1a) The Authority must seek and consider written submissions from the public when reviewing a code of practice under subsection (1).

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

 

                                                Clause agreed to.

 

 

 

Mr Lewis moved on page 11, after line 27, to insert a new clause as follows:

Amendment of s. 86—Evidentiary provision

                    23A. Section 86 of the principal Act is amended-

                    (a)       by striking out from subsection (1)(h) “an approved gaming token or”;

                    (b)      by striking out paragraph (i) of subsection (1).

Question – That new clause No 23A be inserted – put and negatived.

 

                                                Clause No 24 read.

 

         Mr Lewis moved on page 11, line 37, to leave out “87.5” and insert “95”.

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

 

         Mr Lewis moved on page 12, after line 22, to insert a new paragraph as follows:

             (nba)         that the licensee—

                              (a)    must adopt a code of practice on preventing the playing of gaming machines by a person who is intoxicated; and

                              (b)    must ensure that operations under the licence conform with the code of practice approved under this paragraph; and

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

 

                                                Clause agreed to.

                                                Clauses Nos 25 to 30 agreed to.

                                                Clause No 31 read.

 

         Mr Lewis moved on page 14, lines 23 and 24, to leave out paragraph (b).

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

 

                                                Clause agreed to.

                                                Clauses Nos 32 to 34 agreed to.

                                                Clause No 35 read.

 

         Mr Lewis moved on page 15, after line 16, to insert a new paragraph as follows:

             (c)   in relation to making bets with the holder of the major betting operations licence—

                              (i)     one or more specified premises that are offices or branches of the holder of that licence; or

                              (ii)     making bets at a specified agency of the holder of that licence; or

                              (iii)    making bets by telephone or other electronic means not requiring attendance at an office, branch or agency of the holder of that licence.

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

 

                                                Clause agreed to.

                                                Clause No 36 agreed to.

                                                Clause No 37 read.

 

         Mr Lewis moved on page 16, after line 2, to insert a new section as follows:

Matters to be referred to Authority

                              18A. (1) If an association formed to promote or protect the interests of a section of the gambling or liquor industry, or employees in the gambling or liquor industry receives a complaint that appears to allege a breach of a prescribed Act or a condition of a licence under such an Act, the association must refer the complaint to the Authority and provide the Authority with all information in its possession relating to the complaint or alleged breach.

                    Maximum penalty: $10 000.

                              (2) Information provided to the Authority under this section will be regarded as confidential information for the purposes of this Act.

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

 

                                                Clause agreed to.

                                                Clauses Nos 38 and 39 agreed to.

 

         Mr Lewis moved on page 16, after line 22, to insert a new clause No 39A as follows:

 

PART 6A

                                         AMENDMENT OF LOTTERY AND GAMING ACT 1936

 

Insertion of s. 14BA and 14BB

                    39A. The following sections are inserted after section 14B of the principal Act:

                    Condition of licence that children not participate in lottery

                              14BA. (1) It is a condition of a licence granted under the regulations for the conduct of a lottery (other than a trade-promotion lottery) that the licensee must not cause, suffer or permit a child to participate in the lottery.

                              (2) In this section—

                              "child" means a child under the age of 18 years.

Trade promotion lotteries

                              14BA. (1) Entry in a trade-promotion lottery must be free and must not be dependent on the purchase of any goods or services.

                              (2) Subsection (1) does not prevent entry in a lottery by telephone or post, however—

 

                              (a)    the cost of entering a lottery by telephone must not exceed the cost of the telephone call which must not exceed an amount that, after deduction of the GST payable in respect of it, is 50 cents; and

                              (b)    the cost of entering a lottery by post must not exceed the normal cost of postage.

                              (3) If entry in a trade-promotion lottery is dependant on use of an entry form, coupon, wrapper, label, ticket or other document—

                              (a)    a copy of the entry form, coupon, wrapper, label, ticket or other document must be available to the public free of charge; and

                              (b)    entry may be by a facsimile of the entry form, coupon, wrapper, label, ticket or other document.

                              (4) In this section—

                              "GST" means the tax payable under the GST law;

                              "GST law" means—

                                      (a)      A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth; and

                                      (b)      the related legislation of the Commonwealth dealing with the imposition of a tax on the supply of goods, services and other things.

         Question – That new clause No 39A be inserted – put and negatived.

 

                                                Clauses Nos 40 to 49 agreed to.

                                                Clause No 50 read.

 

         Mr Lewis moved on page 18, after line 31, to insert a new section as follows:

Code of practice preventing purchase of lottery tickets in person by intoxicated persons

                    13CA. The Commission must—

                    (a)       adopt a code of practice on preventing the purchase of lottery tickets in person by a person who is intoxicated; and

                    (b)      ensure that, in the performance of its functions, the Commission conforms with the code of practice approved under this section.

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

 

                                                Clause agreed to.

 

         Mr Lewis moved on page 19, after line 20, to insert a new clause No 51 as follows:

Insertion of s. 17AB

                    51. The following section is inserted after section 17A of the principal Act:

                    Prohibition of interactive gambling operations

                              17AB. (1) The Commission must not conduct interactive gambling operations involving the purchase of lottery tickets by persons within South Australia.

                              (2) In this section—

                              "interactive gambling operations" means operations involving the purchase of lottery tickets by persons not present at an office, branch or agency of the Commission where the purchase is by means of internet communications.

 

         Question – That new clause No 51 be inserted – put.

         Committee divided (No 1):

 


                       Ayes, 9

 

Mr Atkinson

Mr Conlon

Mr De Laine

Mr Hanna

Mr Koutsantonis

Mr Scalzi

Hon R B Such

Mr Venning

Mr Lewis (Teller)


        Noes, 36

 

Hon M H Armitage

Ms Bedford

Ms Breuer

Hon M K Brindal

Hon R L Brokenshire

Hon D C Brown

Hon M R Buckby

Ms Ciccarello

Mr Clarke

Mr Condous

Hon I F Evans

Mr Foley

Mrs Geraghty

Hon G M Gunn

Hon J L Hall

Mr Hamilton-Smith

Mr Hill

Ms Hurley

Hon G A Ingerson

Hon R G Kerin

Ms Key

Hon D C Kotz

Hon W A Matthew

Ms Maywald

Mr McEwen

Mr Meier

Hon J K G Oswald

Mrs Penfold

Ms Rankine

Hon M D Rann

Ms Stevens

Ms Thompson

Ms White

Mr Williams

Mr Wright

Hon J W Olsen (Teller)


 

         So it passed in the negative.

 

Mr Lewis moved on page 19, after line 20, to insert a new clause as follows:

Insertion of s. 17C

                    52. The following section is inserted after section 17B of the principal Act:

                              Smoking prohibited at office or branch of Commission

                                      17C. (1) The Commission must ensure that smoking of tobacco products does not occur in an office or branch of the Commission at which tickets in lotteries conducted by the Commission may be purchased.

                                      (2) A person must not smoke in an office or branch of the Commission at which tickets in lotteries conducted by the Commission may be purchased.

                              Maximum penalty: $2 000.

                              Expiation fee: $300.

                                      (3) In this section—

                                      "smoking" means smoking, holding or otherwise having control over an ignited tobacco product;

                                      "tobacco product" has the same meaning as in the Tobacco Products Regulation Act 1997.

 

To report progress and ask leave to sit again.

____________

 

The House having resumed:

Hon D C Wotton 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.

 

11      Extension of sitting

The Premier (Hon J W Olsen) moved - That the sitting of the House be extended beyond 6.00 pm.

Question put and passed.

 

12      Statutes Amendment (Gambling Regulation No 1) Bill

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

 

In Committee

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

         Question – That new clause No 52 be inserted – put.

         Committee divided (No 2):

 


                       Ayes, 4

 

Mr Condous

Mr Scalzi

Hon R B Such

Mr Lewis (Teller)


        Noes, 39

 

Hon M H Armitage

Mr Atkinson

Ms Bedford

Ms Breuer

Hon M K Brindal

Hon R L Brokenshire

Hon M R Buckby

Ms Ciccarello

Mr Clarke

Mr Conlon

Mr De Laine

Hon I F Evans

Mr Foley

Mrs Geraghty

Hon G M Gunn

Hon J L Hall

Mr Hamilton-Smith

Mr Hanna

Mr Hill

Ms Hurley

Hon G A Ingerson

Hon R G Kerin

Ms Key

Mr Koutsantonis

Hon W A Matthew

Ms Maywald

Mr McEwen

Mr Meier

Hon J K G Oswald

Mrs Penfold

Ms Rankine

Hon M D Rann

Ms Stevens

Ms Thompson

Mr Venning

Ms White

Mr Williams

Mr Wright

Hon J W Olsen (Teller)


 

         So it passed in the negative.

 

                                                Clause No 2 reconsidered, amended and agreed to.

                                                Title agreed to.

____________

 

         The House having resumed:

Hon D C Wotton reported that the Committee had considered the Bill referred to it and had agreed to the same with amendments.

The Premier moved - That this Bill be now read a third time.

Debate ensued.

         Question put and passed.

 

         Bill read a third time and passed.

 

13      Suspension and resumption of sitting

         At 6.18 pm the sitting of the House was suspended.

         At 7.45 pm the Speaker resumed the Chair.

 

14      Postponement of business

Ordered - That Orders of the Day: Government Business Nos 2 and 3 be postponed and taken into consideration after Order of the Day: Government Business No 4.

 

15      Food Bill

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

Debate resumed.

 

16      Extension of time for adjournment

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

Question put and passed.

 

17           Food Bill

Debate (interrupted by the foregoing) resumed.

         Question put and passed.

 

         Bill read a second time.

 

In Committee

                                                Clause No 1 agreed to.

                                                Clause No 2 read.

 

To report progress and ask leave to sit again.

____________

 

The House having resumed:

Hon D C Wotton 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.

 

18      Adjournment

         House adjourned at 10.58 pm until tomorrow at 10.30 am.

 

____________

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

         For Thursday 17 May 2001

 

Notices of Motion:  Private Members Bills/Committees/Regulations

 

Mr Condous to move – That By-Law No 7 of the District Council of Loxton-Waikerie to Moveable Signs made on 19 January and laid on the Table of this House on 27 March be disallowed.

 

Mr Condous to move – That the Various Regulations under the Development Act 1993 made on 15 March and laid on the Table of this House on 27 March be disallowed.

____________

 

 

         Present during the day - All Members.

 

 

 

 

 

                                                                                                            J K G Oswald

                                                                                                            SPEAKER

 

G D Mitchell

CLERK OF THE HOUSE OF ASSEMBLY