No 36

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

THURSDAY 6 AUGUST 1998

 

 

1       Meeting of House

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

 

2       Postponement of business

Ordered - That Notices of Motion: Private Members Bills/Committees/Regulations Nos 1 to 16 be Notices of Motion for Thursday 20 August.

 

3       Postponement of business

Ordered - That Orders of the Day: Private Members Bills/Committees/Regulations Nos 1 to 10 be Orders of the Day for Thursday 20 August.

 

4       Postponement of business

Ordered - That Notice of Motion: Other Motions No 1 be postponed and taken into consideration after Orders of the Day: Other Motions.

 

5       Education Budget Cuts - Motion re

Order of the Day read for the adjourned debate on the motion of Ms White - That this House expresses concern that South Australia’s public school and TAFE systems will suffer unprecedented budget cuts over the next three years and censures the Minister for Education, Children’s Services and Training for failing to protect the future of education and training in this State and for accepting the Government’s cuts to his portfolio which far exceed those in other Departments.

Debate resumed.

Mr Hamilton-Smith moved to amend the motion by leaving out all words after the word “House” and inserting in lieu thereof the following:

      acknowledges the tight budgetary situation faced by the State and commends the Government, in these difficult circumstances, for increasing the Education, Training and Employment outlays by $15 million in the 1998/99 year and by so doing, maintaining the high quality of educational services in this State.”

 

         Speaker’s Ruling

The Speaker ruled the amendment to be a direct negative of the motion and therefore out of order.

 

Ordered, on motion of Mr Hamilton-Smith, by leave, that the debate be further adjourned until Thursday 20 August.


 

6       Bank Closures in Country - Motion re

Order of the Day read for the adjourned debate on the motion of Mr Venning - That this House condemns the major banks for the closure of many branches in country regions with no consideration for the impact on local communities.

Which Mr Clarke has moved to amend by inserting after the word “regions” the following:

         “and the State and Federal Liberal Governments for their neglect of rural and regional areas of South Australia, in particular for their employment policies which have seen many public sector jobs both State and Federal lost to regional South Australia”.

Debate resumed.

Ordered, on motion of Ms Breuer, that the debate be further adjourned until Thursday 20 August.

 

7       Primary Production in Mount Lofty Catchment - Motion re

Order of the Day read for the adjourned debate on the motion of Hon D C Wotton - That this House calls on the Government to give urgent consideration to the need for incentives to be provided which will encourage the retention of land for primary production in the Mt Lofty catchment recognising the importance and the fragility of the catchment in providing an essential source of water for Metropolitan Adelaide and in particular calls on the Government to introduce as policy the waiving of costs associated with the amalgamation of titles within the catchment as one such important incentive.

Debate resumed.

Question put and passed.

 

8       Postponement of business

Ordered - That Orders of the Day: Other Motions Nos 4 to 6 be Orders of the Day for Thursday 20 August.

 

9       Grand Junction Road Traffic – Motion re

Order of the Day read for the adjourned debate on the motion of Mr De Laine - That this House –

(a)  opposes the Government’s proposal to establish a twelve hour per day clearway on Grand Junction Road between South and Port Roads;

(b)  opposes the Government’s decision to allow A-Double Road Trains to operate on Grand Junction Road between South and Port Roads;

(c)  calls on the Government to put a freeze on both proposals until a thorough assessment is made of the whole situation; and

(d)  calls on the Government to investigate other options for sea cargo to be transported to both the Port River in line with its 1997 election promise.

Which Mr Venning has moved to amend by leaving out all words after the word “House“ and inserting in lieu thereof the following:

“(a) notes the proposal by Transport SA to establish a twelve hour per day clearway on Grand Junction Road between South and Port Roads has been referred to the Corporations of Charles Sturt and Port Adelaide for consideration and public consultation;

(b)  notes the proposal is based on Australian Standard 1742 – 1989, Part II which provides that where one way traffic volumes exceed 800 vehicles per hour, the installation of the clearway is recommended to achieve two clear travelling lanes;

(c)  notes the proposal is related to the decision to allow A-Double Road Trains to operate on Grand Junction Road between South and Port Roads;

(d)  recognises that A-Double Road Train access to the Northern Adelaide metropolitan area from 1 March 1998 has been restricted to operators accredited under the TruckSafe or similar alternative scheme;

(e)  acknowledges that the A-Double Road Train access initiative will generate transport savings of more than $4 million a year to the South Australian community and enable producers of farm and manufactured goods to be more competitive, and exports to be transported more efficiently.”

Debate resumed.

Ordered, on motion of Ms Key, that the debate be further adjourned until Thursday 20 August.

 

10      Postponement of business

Ordered - That Orders of the Day: Other Motions No 8 to 10 be Orders of the Day for Thursday 20 August.

 

11      Postponement of business

Ordered - That Order of the Day: Other Motions No 11 to be postponed and taken into consideration after Order of the Day: Other Motions No 15.

 

12      Adelaide Crows Football Club – 1997 Premiership – Motion re

Order of the Day read for the adjourned debate on the motion of Mr Venning - That this House notes the fantastic victory of the Adelaide Crows Football Club in winning the 1997 Australian Football League, and congratulates the Coach; Malcolm Blight, Captain; Mark Bickley, the players and officials.

Debate resumed.

Mr Wright moved to amend the motion by adding after the word “officials” the words, “and acknowledges an outstanding season by Port Power in its inaugural year in the Australian Football League”.

Debate continued.

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

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

 

13      Messages from the Legislative Council

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

 

         Australian Republic Motion                                                                    Message No 90

MR SPEAKER - The Legislative Council informs the House of Assembly that it has passed the Resolution transmitted herewith, and desires the concurrence of the House of Assembly thereto.

         Legislative Council, 5 August 1998                                                 J C Irwin, PRESIDENT

 

Resolution referred to:

I     That Australia should become a Republic with an Australian citizen as Head of State;

II     That following a national Referendum to be held in 1999, and, if passed by the required majority, this Council is of the opinion that South Australia should also adopt republican structures and that the South Australian Government should initiate a process to decide what changes would need to be made in South Australia; and

III    That the concurrence of the House of Assembly to this motion be requested.

 

         Ordered – That consideration of the Message be an Order of the Day for Thursday 20 August.


 

         Public Finance and Audit (Appointment of Auditor-General and

         Reports) Amendment Bill                                                                        Message No 91

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Public Finance and Audit Act 1987, to which it desires the concurrence of the House of Assembly.

         Legislative Council, 5 August 1998                                                 J C Irwin, PRESIDENT

 

Bill read a first time.

 

Ordered – That the second reading be an Order of the Day for Thursday 20 August.

 

Valuation of Land (Miscellaneous) Amendment Bill                   Message No 92

MR SPEAKER - The Legislative Council has, in reply to Message No 87 from the House of Assembly, agreed to grant a Conference on the Valuation of Land (Miscellaneous) Amendment Bill, as requested by the House of Assembly. The Legislative Council has named the hour of 3.30 pm today to receive the Managers on behalf of the House of Assembly, at the Plaza Room on the first floor of the Legislative Council.

         Legislative Council, 6 August 1998                                                 J C Irwin, PRESIDENT

 

Ordered - That a Message be sent to the Legislative Council agreeing to the time and place for holding the Conference.

 

14      National Farmers Federation - Labour Relations - Motion re

Order of the Day read for the adjourned debate on the motion of Mr Clarke - That this House condemns the Federal Liberal Government and the National Farmers Federation for their provocative approach to water front reforms in Australia, and in particular:

(a)  their support for current and past serving members of the Australian Defence Forces to participate in an ill fated overseas strike breaking training exercise;

(b)  their support for the conspiracy entered into between Patrick Stevedores and the National Farmers Federation front company to establish a union busting stevedoring company at Webb Dock, Victoria;

     and calls on the Federal Government and the National Farmers Federation to recognise that just and fairly negotiated settlements between management, unions and the workers involved can achieve more in terms of productivity and improved labour relations.

Which Mr Meier has moved to amend by leaving out all words after the word “House” and inserting in lieu thereof the following:

 (a) recognises the need for waterfront reform in Australia;

(b)  urges all parties involved in waterfront reform to work to ensure its success; and

(c)  commends all those involved in the reform that has been achieved, thus far, at the Port Adelaide.”

Debate resumed.

Ordered, on motion of the Minister for Police, Correctional Services and Emergency Services, that the debate be further adjourned until Thursday 20 August.


 

15      Petitions Nos 82 and 83

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

 

82   Mr Lewis, from 47 resident of South Australia, requesting that the House urge the Government to amend labeling laws as they relate to pork products, to include the country of origin.

 

83   Mr Meier, from 1 resident of South Australia, requesting that the House urge the Government to investigate the actions of the State Heritage Branch and alleged misrepresentation of a Federal report relating to the South Adelaide Creche.

 

16      Questions

         Questions without notice were asked.

 

17      Grievance debate

The Speaker proposed - That the House note grievances.

Debate ensued.

Question put and passed.

 

18      Next day of sitting

The Deputy Premier (Hon R G Kerin) moved - That the House at its rising adjourn until Tuesday 18 August at 2.00 pm.

Question put and passed.

 

19      Message from the Legislative Council

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

 

         Police Bill                                                                                               Message No 93

MR SPEAKER – The Legislative Council insists on its Amendments Nos 2 to 25 and Nos 28 to 35 in the Police Bill to which the House of Assembly has disagreed. The Bill is returned herewith.

         Legislative Council, 5 August 1998                                                 J C Irwin, PRESIDENT

 

         Ordered - That the Message be taken into consideration forthwith.

 

In Committee

         Resolved - That the disagreement to the amendments be insisted on.

____________

 

         The House having resumed:

The Hon D C Wotton reported that the Committee had considered the Message referred to it and had resolved to insist on its disagreement to the amendments of the Legislative Council.


 

Conference – Police Bill

The Minister for Police, Correctional Services and Emergency Services moved - That a Message be sent to the Legislative Council requesting that a Conference be granted to this House respecting certain amendments of the Legislative Council in the Police Bill and that the Legislative Council be informed that, in the event of such a Conference being agreed to, this House will be represented at such Conference by five Managers; and that Mr Conlon, Hon G A Ingerson, Ms Rankine, Mr Williams and the mover be Managers of the Conference on the part of this House.

Question put and passed.

 

20      Wheat Marketing (Grain Deductions) 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 4 agreed to.

                                                Title agreed to.

____________

 

The House having resumed:

The Hon D C Wotton 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.

 

21      Liquor Licensing (Licence Fees) 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 10 agreed to.

                                                Clause No 11 read.

The Minister for Government Enterprises  (Hon M H Armitage) moved on page 2, after line 26, to insert the following:

      Maximum penalty:      $5 000

      Expiation fee:             $315.

and on page 2, lines 27 to 33, and page 3, lines 1 to 13 to leave out these lines and insert in lieu thereof the following subsection:

      Returns

            109B. (1) A licensee must, if so required by the Commissioner, lodge returns with the Commissioner containing information the Commissioner requires relating to transactions involving the sale or purchase of liquor or other matters specified by the Commissioner for the purposes of this Act.

            (2) If returns are required under subsection (1), they must be lodged at the times, or periodic intervals, specified by the Commissioner.

            (3) If a licensee –

            (a)        fails to lodge a return as required under this section; or

            (b)        includes in such a return information that is false or misleading in a material

                        particular,

      the licensee is guilty of an offence.

 

      Maximum penalty:      $5 000

      Expiation fee:             $315.

 

Chairman’s ruling

The Chairman ruled that the amendment to page 2, lines 27 to 33 and page 3, lines 1 to 13

was out of order as it sought to leave out words and then reinsert some of those words.

 

To report progress and ask leave to sit again.

____________

 

The House having resumed:

The 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.

 

22      Message from the Legislative Council

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

 

         Police Bill                                                                                               Message No 94

MR SPEAKER – The Legislative Council has, in reply to Message No 93 from the House of Assembly, agreed to grant a Conference on the Police Bill, as requested by the House of Assembly. The Legislative Council has named the hour of 11.30 am Tuesday 11 August 1998 to receive the Managers on behalf of the House of Assembly, at the Plaza Room on the first floor of the Legislative Council.

         Legislative Council, 6 August 1998                                                 J C Irwin, PRESIDENT

 

Ordered - That a Message be sent to the Legislative Council agreeing to the time and place appointed by the Council.

 

23      Statutes Amendment (Young Offenders) Bill

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

Debate resumed.

 

Bill read a second time.

Proceeded, by leave, to the third reading.

 

Bill read a third time and passed.

 

24      Liquor Licensing (Licence Fees) Amendment Bill

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

 

In Committee

                                                Clause No 11 further considered, amended and agreed to.

                                                Clause No 12 agreed to.

                                                Title agreed to.

____________

 

The House having resumed:

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

 

Bill read a third time and passed.

 

25      Adjournment

         House adjourned at 5.33 pm until Tuesday 18 August at 2.00 pm.

 

____________

 

         Present during the day - All Members.

 

 

 

 

 

                                                                                                            J K G Oswald

                                                                                                            SPEAKER

 

G D Mitchell

CLERK OF THE HOUSE OF ASSEMBLY