No 35

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

WEDNESDAY 25 FEBRUARY 2004

 

 

1       Meeting of House

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

 

2        Message from the Governor

The following Message from the Governor was received and read:

 

Medical Practice Bill - Recommending                                                  Message No 14

The Governor recommends to the House of Assembly the appropriation of such amounts of money as may be required for the purposes mentioned in the Medical Practice Bill 2004.

Government House, 25 February 2004                                M Jackson-Nelson, GOVERNOR

 

3       Petition No 44

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

 

44   Hon W A Matthew, from 49 electors of South Australia, requesting the House to urge the Government to immediately withdraw the trial of the Sexual Health and Relationship Education Program, developed by SHINE, from all 14 participating schools, pending professional assessment and endorsement.

 

4       Legislative Review Committee - Reports – Thirteenth and Fourteenth

 

Thirteenth Report

Mr Hanna brought up the 13th 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:

               River Murray Act 2003 –Protection Areas

               Development Act 1993 – River Murray

               Harbors and Navigation Act 1993 – River Murray

               Native Vegetation Act 1991 – River Murray

               Public Corporations Act 1993 – Land Management Corporation – Board.

 

Fourteenth Report

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

Report received.

 

5       Public Works Committee - Report – Repatriation General Hospital – Mental Health Capital Project

Mr Caica brought up the 199th Report of the Committee on the Repatriation General Hospital – Mental Health Capital Project.

Report received.

Ordered to be published (Paper No 200).

 

6       Questions

Questions without notice were asked.

 

7       Paper

         The following Paper was tabled:

 

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

Independent Pricing and Regulatory Tribunal (NSW) – Investigation into Price Structures to Reduce the Demand for Water in the Sydney Basin.

 

8       Grievance debate

On motion of the Speaker, the House noted grievances.

 

9       Postponement of business

Ordered, separately - That Notices of Motion: Private Members Bills/Committees/Regulations Nos 1 and 2 be postponed until Wednesday 24 March.

 

10      Land Agents (Indemnity Fund-Growden Default) Amendment Bill

Hon I F Evans, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Land Agents Act 1994 and make a related amendment to the Conveyancers Act 1994.

Question put and passed.

         Bill presented and read a first time.

 

         Hon I F Evans moved - That this Bill be now read a second time.

 

Extension of Time

         Hon I F Evans was granted leave for an extension of 15 minutes.

         Ordered, on motion of the Attorney-General (Hon M J Atkinson), that the debate be adjourned until Wednesday 24 March.

 

11      Legislative Review Committee - Report – Regulations under the Controlled Substances Act 1984 - No 172 of 2002  - Motion to note

Mr Hanna, pursuant to notice, moved - That the Report of the Legislative Review Committee on Regulations under the Controlled Substances Act 1984 - No 172 of 2002, be noted.

Debated ensued.

Question put and passed.

 

12      Postponement of business

Ordered - That Notice of Motion: Private Members Bills/Committees/Regulations No 5 be postponed until Wednesday 24 March.

 

13      Public Works Committee - Report - Angaston Primary School Redevelopment - Motion to note

Mr Caica, pursuant to notice, moved - That the One Hundred and Ninety Eighth Report of the Public Works Committee on the Angaston Primary School Redevelopment, be noted.

Debated ensued.

Question put and passed.

 

 

 

14      Postponement of business

Ordered, severally and separately - That Notices of Motion: Private Members Bills/Committees/Regulations Nos 7 to 20 be postponed until Wednesday 24 March.

 

15      Education (Compulsory Education) Amendment Bill

Ms Chapman, pursuant to notice, moved - That she have leave to introduce a Bill for an Act to amend the Education Act 1972.

Question put and passed.

         Bill presented and read a first time.

 

         Ms Chapman moved - That this Bill be now read a second time.

Ordered, on motion of Mr Koutsantonis, that the debate be adjourned until Wednesday 24 March.

 

16      Postponement of business

Ordered - That Notice of Motion: Private Members Bills/Committees/Regulations No 22 be postponed until Wednesday 24 March.

 

17      Road Traffic (Drug Testing) 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 Mrs Geraghty, that the debate be further adjourned until Wednesday 24 March.

 

18      Postponement of business

Ordered - That Order of the Day: Private Members Bills/Committees/Regulations No 2 be postponed until Wednesday 24 March.

 

19      Postponement of business

Ordered - That Order of the Day: Private Members Bills/Committees/Regulations No 3 be postponed until Wednesday 31 March.

 

20      Environment Protection (Plastic Shopping Bags) Bill

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

 

Reasoned amendment

The Minister for Environment and Conservation, pursuant to contingent notice, moved - That all words after the word “be” be left out and the words “withdrawn and referred to the Environment Resources and Development Committee for its report and recommendation” be inserted in lieu thereof.

Debate ensued.

Question – That the amendment be agreed to - put.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

         House divided (No 1):

 

           Ayes, 20

           Noes, 16

 

Hon M J Atkinson

Mr Brindal

Ms Bedford

Hon D C Brown

Ms Breuer

Hon I F Evans

Mr Caica

Mr Goldsworthy

Ms Ciccarello

Hon G M Gunn

Hon P F Conlon

Mrs Hall

Hon K O Foley

Mr Hamilton-Smith

Mrs Geraghty

Hon W A Matthew

Hon S W Key

Dr McFetridge

Mr Koutsantonis

Mr Meier

Hon J D Lomax-Smith

Mrs Penfold

Mrs Maywald

Mrs Redmond

Hon R J McEwen

Mr Scalzi

Mr O'Brien

Mr Venning

Ms Rankine

Mr Williams

Mr Rau

Mr Hanna (Teller)

Hon L Stevens

 

Hon R B Such

 

Hon J W Weatherill

 

Hon J D Hill (Teller)

 

 

         So it was resolved in the affirmative.

 

Question – That the motion as amended be agreed to – put and passed.

Bill withdrawn.

 

21      Postponement of business

Ordered, separately - That Orders of the Day: Private Members Bills/Committees/Regulations Nos 5 to 7 be postponed until Wednesday 24 March.

 

22      Environment Protection (Interaction with other Acts) 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.

 

         Division, only one Aye

The House proceeded to a division, but only one Member appearing on the side of the Ayes, the Speaker declared the Noes had it.

So it was passed in the negative.

 

23      Suspension and resumption of sitting

         At 5.59 pm the sitting of the House was suspended.

         At 7.47 pm the Speaker resumed the Chair.

 

24      Postponement of business

Ordered - That Notice of Motion: Government Business No 1 to be postponed and resumed on motion.

 

25      Postponement of business

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

 

26      Statutes Amendment and Repeal (Aggravated Offences) 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, that the debate be further adjourned until tomorrow.

 

 

 

 

27      Australian Crime Commission (South Australia) Bill

         Ordered - That Notice of Motion: Government Business No 1 be now taken into consideration.

 

The Attorney-General (Hon M J Atkinson), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to make provision for the operation of the Australian Crime Commission in South Australia; to repeal the National Crime Authority (State Provisions) Act 1984; to make related amendments to other Acts and for other purposes.

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 Ms Chapman, that the debate be adjourned until tomorrow.

 

28      Dog and Cat Management (Miscellaneous) Amendment Bill

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

 

In Committee

Clauses Nos 2 and 3 agreed to.

Clause No 4 amended and agreed to.

Clauses Nos 5 and 6 agreed to.

Clause No 7 amended and agreed to.

Clauses Nos 8 and 9 agreed to.

Clause No 10 amended and agreed to.

Clauses Nos 11 to 15 agreed to

Clause No 16 read.

 

Hon I F Evans moved on page 7, line 30 –

Delete “Board” and substitute:

Minister

 

         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.

 

29      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 10.00 pm.

 

30      Dog and Cat Management (Miscellaneous) Amendment Bill

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

 

In Committee

Hon I F Evans’ amendment in Clause No 16 further considered.

 

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

Clause No 16 otherwise amended and agreed to.

Clause No 17 amended and agreed to.

Clause No 18 agreed to.

Clause No 19 amended and agreed to.

Clauses Nos 20 to 22 agreed to.

Clause No 23 read.

 

Hon I F Evans moved on page 10, lines 10 and 11 –

Delete these lines

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

 

Clause No 23 agreed to.

Clauses Nos 24 to 27 agreed to.

Clause No 28 read.

 

Hon I F Evans moved on page 12, lines 27 and 28 –

Delete paragraph (b)

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

 

Hon I F Evans moved on page 12, lines 37 to 42 and page 13, lines 1 to 8 –

Delete new section 45

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

 

Clause No 28 agreed to.

Clauses No 29 to 34 agreed to.

New Clause No 34A inserted.

Clauses Nos 35 to 39 agreed to.

Clause No 40 read.

 

Hon I F Evans moved on page 23, lines 7 to 14 –

Delete clause 40

Question – That the amendment be agreed to – put.

 

         Committee divided (No 2):

 

           Ayes, 16

 

           Noes, 18

Mr Brindal

Hon M J Atkinson

Hon D C Brown

Ms Bedford

Hon M R Buckby

Ms Breuer

Ms Chapman

Mr Caica

Mr Goldsworthy

Ms Ciccarello

Mrs Hall

Hon P F Conlon

Mr Hamilton-Smith

Mrs Geraghty

Mr Hanna

Hon S W Key

Ms Maywald

Mr Koutsantonis

Dr McFetridge

Hon J D Lomax-Smith

Mr Meier

Hon R J McEwen

Mrs Redmond

Mr O'Brien

Mr Scalzi

Ms Rankine

Mr Venning

Mr Rau

Mr Williams

Mr Snelling

Hon I F Evans (Teller)

Hon L Stevens

 

Hon J W Weatherill

 

Hon J D Hill (Teller)

 

         So it passed in the negative.

 

 

Clause No 40 agreed to.

Clause No 41 agreed to.

Clauses Nos 42 and 43 amended and agreed to.

Clause No 44 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 with amendments.

 

The Minister for Environment and Conservation moved – That this Bill be read a third time.

Debate ensued.

         Question put and passed.

 

31      Adjournment

House adjourned at 11.49 pm until tomorrow at 10.30 am

 

____________

 

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

            For Wednesday 24 March 2004

 

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

 

Mr Hanna to move – That the Regulations made under the River Murray Act 2003 entitled Protection Areas, made on 20 November and laid on the Table of this House on 25 November, be disallowed.

 

Mr Hanna to move – That the Regulations made under the Development Act 1993 entitled River Murray, made on 20 November and laid on the Table of this House on 25 November, be disallowed.

 

Mr Hanna to move – That the Regulations made under the Harbors and Navigation Act 1993 entitled River Murray, made on 20 November and laid on the Table of this House on 25 November, be disallowed.

 

Mr Hanna to move – That the Regulations made under the Native Vegetation Act 1991 entitled River Murray, made on 20 November and laid on the Table of this House on 25 November, be disallowed.

 

Mr Hanna to move – That the Regulations made under the Public Corporations Act 1993 entitled Land Management Corporation - Board, made on 27 November and laid on the Table of this House on 2 December, be disallowed.

 

Mr Caica to move – That the One Hundred and Ninety Ninth Report of the Public Works Committee on the Repatriation General Hospital - Mental Health Capital Project, be noted.

 

____________

 

Present during the day - All Members except the Premier (Hon M D Rann), Leader of the Opposition (Hon R G Kerin), Hon D C Kotz and Mr Williams.

 

         The following Pair was handed in at the Table during the days proceedings:

 

         Division No 2 -

               Ayes –the Leader of the Opposition (Hon R G Kerin), Hon G M Gunn, Mr Brokenshire, Hon D C Kotz, Mrs Penfold.

               Noes –the Premier (Hon M D Rann), the Deputy Premier (Hon K O Foley), the Minister for Education and Children’s Services (Hon P L White), the Minister for Transport (Hon M J Wright), Ms Thompson.

 

 

 

 

 

                                                                                                                        Peter Lewis

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY