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No.36

 

 

VOTES AND PROCEEDINGS

 

 

OF THE

 

 

HOUSE OF ASSEMBLY

 

 

___________

 

THURSDAY 13 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          Clare ‑ Mintaro Supplementary Development Plan ‑ Motion to note

Mr Venning, pursuant to notice, proceeding to move ‑ That the Minutes of Evidence of the Joint Committee on Subordinate Legislation relating to the District Council of Clare‑Mintaro State Heritage Area Supplementary Development Plan, laid on the Table of this House on 24 October and 7 November 1990, be noted.

 

3          Messages from the Legislative Council

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

 

Motor Vehicles Act Amendment Bill (No. 5)                                     Message No. 65

MR SPEAKER ‑ The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Motor Vehicles Act, 1959; and to make consequential amendments to the Stamp Duties Act, 1923, with the amendments indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

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

 

Schedule of the amendments made by the Legislative Council

No. 1       Page 1, lines 16 to 26 (clause 3) ‑ Leave out clause 3 and insert new clause as follows:

'3.    Interpretation Section 5 of the principal Act is amended by striking out from the definition of "reduced registration fee" in subsection (1) "under this Act that is" and substituting "that is, by virtue of a provision of the first schedule,".'

No. 2       Page 2, lines 17 to 19 (clause 9) ‑ Leave out "the following paragraphs:" and paragraph (d) and substitute "the following word and paragraph:"

No. 3       Page 2 ‑ After line 36 insert new clause 13a. as follows:

        'Insertion of first schedule

13a  The following schedule is inserted after section 148 of the principal Act immediately below the heading "SCHEDULES":

FIRST SCHEDULE

REGISTRATION FEES


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1      Interpretation In this schedule ‑

"council" means a municipal or district council:

2      Vehicles to be registered without payment of registration fees

(1)   The Registrar must register without payment of registration fees ‑

                        (a)   any motor vehicle owned by the South Australian Metropolitan Fire Service, or a voluntary fire brigade or voluntary fire fighting organization registered under any Act;

                        (b)   any motor vehicle owned by the council and used solely for the purpose of fire fighting;

                        (c)   any motor ambulance for the use of which no charge is made;

                        (d)   any motor ambulance operated by a council or by a society or association otherwise than for the purpose of monetary gain to the individual members of such society or organization;

                        (e)   any motor vehicle owned by the Renmark Irrigation Trust and used solely or mainly in connection with the construction or maintenance of all or any of the following works, namely, roads, irrigation channels, irrigation drains and other works for irrigation or drainage of the Trust's area;

                        (f)    any motor vehicle consisting of mobile machinery and plant used solely for boring for water or of mobile machinery and plant uses solely for excavating and cleaning dams;

                        (g)   any motor vehicle owned by an accredited diplomatic officer or accredited consular officer de carriere, who is a national of the country which he or she represents and who resides in the State;

                        (h)   any trailer used solely for the purposes of carrying equipment and fuel for generating producer gas for the propulsion of the motor vehicle by which the trailer is drawn;

                        (i)    any tractor, bulldozer, scarifier, grader, roller, tar sprayer, tar kettle or other similar vehicle constructed or adapted for doing work in constructing, improving or repairing roads and used only in such work or in the course of a journey to or from a place where such work in being, or is to be, done;

                        (j)    any motor vehicle owned by a council and used solely for the purpose of civil defence;

                        (k)   any motor vehicle owned by, and used for the purposes of, the Lyrup Village Association;

                        (l)    any motor vehicle owned by, and used for the purposes of, the West Beach Trust;

                        (m)  any motor vehicle owned by a council or an animal and plant control board under the Animal and Plant Control (Agricultural Protection and Other Purposes) Act, 1986, and used solely or mainly in connection with the eradication and control of plants to which a provision of Part IV of that Act applies;

                        (n)   any motor omnibus owned by the State Transport Authority and used for the purpose of carrying passengers for hire and reward;

                        (o)   any motor vehicle constructed or adapted integrally with a drilling rig and used solely for water, petroleum or mineral exploration or production;


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                        (p)   any motor vehicle owned by The Coober Pedy Progress and Miners Association Incorporated and used ‑

                                (i)                as an ambulance otherwise than for the purpose of monetary gain to the individual members of the Association;

                                (ii)               solely for the purpose of fire fighting;

                                (iii)              solely or mainly for the collection and transport of household rubbish;

                                 (iv)             solely or mainly in connection with the construction or maintenance of roads;

                                                    or

                                (v)               solely for the purpose of civil defence;

                        (q)   any motor vehicle owned by a council and used solely for State emergency services;

                        (r)    any motor vehicle owned by the State Emergency Services and operated in an area under the control of the Outback Areas Community Development Trust and used solely for State emergency purposes;

                        (s)   any motor cycle the mass of which does not exceed 50kg and that is fitted with and capable of being propelled by pedals.

                (2)   Where ‑

                        (a)   a motor vehicle has been registered under this clause;

                        (b)   an application by the present applicant in respect for registration of the vehicle is made otherwise than under this clause;

                                and

                        (c)   the vehicle has not previously been registered under this Act on an application by the present applicant in respect of which stamp duty has been paid,

the Registrar must treat the application as if the vehicle has not previously been registered under this Act, and registration fees and stump duty will be payable on the application accordingly.

                (3)   In this clause ‑

        "dam" means any excavation in which water is stored or intended to be stored:

                        "mineral" means mineral as defined in the Mining Act, 1971:

                        "petroleum" means petroleum as defined in the Petroleum Act, 1940.

3      Registration fees for primary producers' commercial vehicles

        (1)   If the owner of a commercial motor vehicle or tractor ‑

                (a)   satisfies the Registrar by such evidence as the Registrar requires that the owner is a primary producer in this State;

                        and

                (b)   undertakes that that motor vehicle or tractor will not, unless the balance of the prescribed registration fee is paid, be used on roads for carrying Her Majesty's mails, goods or passengers for pecuniary reward or for carrying goods in the course of any trade or business other than that of a primary producer,

                the registration fee is one‑half of the prescribed registration fee.

        (2)   In this clause ‑

                "carry", "carrying" and "carriage" respectively include haul, hauling and haulage.

4      Registration fees for primary producers' tractors

        (1)   If the owner of a motor tractor ‑

                (a)   satisfies the Registrar by such evidence as the Registrar requires that the owner is a primary producer in this State;

                and


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                (b)   undertakes that, unless the balance of the prescribed registration fee is paid, the motor tractor will not be used on roads except for the purposes mentioned in subclause (2),

                        the registration fee is one‑quarter of the prescribed registration fee.

        (2)   The purposes referred to in subclause (1) are ‑

                (a)   transporting produce of the primary producer's land from that land to the nearest railway station, or if there is a port nearer to that land than any railway station then to that port;

                (b)   transporting any such produce to a place not more than 24 kilometres from that land for the purpose of the packing, processing, delivery to a carrier, or sale;

                (c)   transporting goods intended for consumption or use on the land of the primary producer from such railway station, port or place to that land.

5      Registration fees for certain vehicles owned by councils

        (1)   The registration fee payable in respect of an application to

                register ‑

                (a)   any motor vehicle owned by a council and used solely or mainly in connection with the construction or maintenance of roads;

                or

                (b)   any motor vehicle owned by a council or a controlling authority under the Local Government Act, 1934, and used solely or mainly for the collection and transport of household rubbish,

        is one‑half of the prescribed registration fee.

        (2)   This clause does not apply to or in relation to any motor vehicle in respect of which a reduced registration fee is payable pursuant to any provision of this Act other than this clause.

6      Registration fees for vehicles in outer areas

        (1)   If the owner of a motor vehicle undertakes that, unless the balance of the prescribed registration fee is paid, the vehicle will, during the period for which registration is applied for ‑

                (a)   be used wholly or mainly in outer areas;

                (b)   be in the possession and under the control of person who resides in an outer area;

                and

                (c)   be usually kept at premises situated in an outer area,

        the registration fee is one‑half of the prescribed registration fee.

        (2)   In this clause ‑

                "outer area" means ‑

                (a)   the whole of Kangaroo Island;

                (b)   the area of the District Council of Cooper Pedy;

                (c)   the area of the District Council of Roxby Downs;

                or

                (d)   all other parts of the State that are not within a council area or Iron Knob.

        (3)   In subclause (2) ‑

    "Iron Knob" means all that portion of the County of Manchester within a circle having a radius of 2, 415 metres and its centre at the south‑western corner of Allotment 270, town of Iron Knob.

7      Registration fees for vehicles owned by incapacitated ex‑service personnel

        (1)   If the Registrar is satisfied by such evidence as the Registrar requires that ‑

                (a)   a motor vehicle is owned by a person who has been a member of a naval, military or air force of Her Majesty;


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                        (b)   the owner, as a result of service in such a naval, military or air force ‑

                                (i)                                is totally and permanently incapacitated;

                                (ii)               is blind;

                                (iii)              has lost a leg or foot;

                                or

                                (iv)              receives under the law of the Commonwealth relating to repatriation a pension at the rate for total incapacity or a pension granted by reason of impairment of the power of locomotion at a rate not less than 75 per cent of the rate for total incapacity;

                                                    and

                        (c)   the vehicle will, during the period for which it is sought to be registered, be wholly or mainly used for the transport of the owner,

                                the registration fee is one‑third of the prescribed registration fee.

        (2)   This clause does not apply to or in relation to ‑

                (a)   more than one motor vehicle owned by the same owner;

                or

                (b)   any motor vehicle in respect of the registration of which a reduced registration fee is payable pursuant to any provision of this Act other than this clause.

        (3)   If the registered owner of a motor vehicle that has been registered at a reduced registration fee in accordance with this clause dies, or ceases to be the owner of the vehicle, the registration will, subject to this Act, continue in force for a period of one month after death, or the cessation of ownership, and will, unless the balance of the prescribed registration fee is paid, become void on the expiration of that period.

8      Registration fees for vehicles owned by certain concession card holders

        (1)   If the Registrar is satisfied by such evidence as the Registrar requires that the owner of a motor vehicle ‑

                (a)   is entitled, as a holder of ‑

                        (i)    a State Concession Card issued by the Department for Family and Community Services;

                                or

                        (ii)   a pensioner entitlement card issued under any Act or law of the Commonwealth,

                                to travel on public transport in this State at reduced fares;

                                (b)               the vehicle will, during the period for which it is sought to be registered, be wholly or mainly used for the transport of the owner,

                        the registration fee is one‑half of the prescribed registration fee.

        (2)   This clause does not apply to or in relation to ‑

                (a)   more than one motor vehicle owned by the same owner;

                or

                (b)   any motor vehicle in respect of the registration of which a reduced registration fee is payable pursuant to any provision of this Act other than this clause.


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        (3)   If the registered owner of a motor vehicle that has been registered at a reduced registration fee in accordance with this clause dies, or cease to be the owner of the vehicle, the registration will, subject to this Act, continue in force for a period of one month after death, or the cessation of ownership, and will, unless the balance of the prescribed registration fee is paid become void on the expiration of that period.

9      Registration fees for trailers owned by certain concession card holders

        (1)   If the Registrar is satisfied by such evidence as the Registrar requires that the owner of a trailer ‑

                (a)   is entitled, as the holder of ‑

                        (i)    a State Concession Card issued by the Department for Family and Community Services;

                        or

                (ii)   a pensioner entitlement card issued under any Act or law of the Commonwealth,

                to travel on public transport in this State at reduced fares;

                and

                (b)   the trailer will, during the period for which it is sought to be registered, be wholly or mainly employed in the personal use of the owner,

                the registration fee is one‑half of the prescribed registration fee.

        (2)   This clause does not authorize the registration at a reduced registration fee or more than one trailer owned by the same owner.

        (3)   If the registered owner of a trailer that has been registered at a reduced registration fee in accordance with this clause dies, or cease to be the owner of the trailer, the registration will, subject to this Act, continue in force for a period of one month after death, or the cessation of ownership, and will, unless the balance of the expiration of that period.

10    Registration fees for vehicles owned by certain incapacitated persons

        (1)   If the Registrar is satisfied by such evidence as the Registrar requires that the owner of a motor vehicle ‑

                (a)   in consequence of the loss of the use of one or both legs, is permanently unable to use public transport;

                and

                (b)   the vehicle will, during the period for which it is sought to be registered, be wholly or mainly used for the transport of the owner,

                the registration fee is one‑half of the prescribed registration fee.

        (2)   This clause does not apply to or in relation to ‑

                (a)   more than one motor vehicle owned by the same owner;

                or

                (b)   any motor vehicle in respect of the registration of which a reduced registration fee is payable pursuant to any provision of this Act other than this clause.

        (3)   If the registered owner of a motor vehicle that has been registered at a reduced registration fee in accordance with this clause dies, or ceases to be the owner of the vehicle, the registration will, subject to this Act, continue in force for a period of one month after death, or the cessation of ownership, and will, unless the balance of the prescribed registration fee is paid, become void on the expiration of that period.


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11    Registration fee vehicles driven, etc. by electricity

        (1)   The registration fee payable in respect of an application to register a motor vehicle driven or propelled, or ordinarily capable of being driven or propelled, solely by electricity is one‑half of the prescribed registration fee.

        (2)   This clause does not apply to or in relation to any motor vehicle in respect of which a reduced registration fee is payable pursuant to any provision of this Act other than this clause.'

C.H. Mertin, CLERK OF THE LEGISLATIVE COUNCIL

 

Ordered ‑ That the Message be taken into consideration forthwith.

 

In Committee

Resolved ‑ That the amendments be disagreed to.

___________

 

The House having resumed:

Mr M.J. Evans reported that the Committee had considered the amendments  referred to it and had resolved to disagree to the same.

 

Sri Lanka Human Rights ‑ Motion re                                                 Message No. 66

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

Resolution referred to:

That this Council ‑

Condemns the persistent human rights violations by all sides including extrajudicial executions, "disappearances" and torture in Sri Lanka which affect the population in both north and south and which are outlined in recent reports by Amnesty International;

II     calls on the Government of Sri Lanka to:

(a)   set up independent commission of inquiry into extrajudicial executions, the result of which should be made public; and

(b)   investigate impartially, through an independent commission of inquiry, the whereabouts or fate of all people reported to have "disappeared";

III    while understanding the very real constraints placed upon the Sri Lanka Government by conflict, urges the Government of Sri Lanka to ensure strict control, including a clear chain of command, over all officials responsible for apprehension, arrest, detention, custody and imprisonment as well as over all officials authorised by law to use force and firearms; and

IV    urges the Australian Government to seek whatever ways are appropriate to bring a halt to all human rights abuses carried out by all armed parties in Sri Lanka and urges all parties involved to exercise maximum restraint.

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

 

Ordered, on motion of Hon. J.L. Cashmore, that the Message be taken into consideration on Thursday 14 February 1991.

 

Local Government Act Amendment Bill

MR SPEAKER ‑ The Legislative Council having considered the recommendations from the Conference on the Local Government Act Amendment Bill has agreed thereto.

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


270

 

4          Clare‑Mintaro Supplementary Development Plan ‑ Motion to note

Motion (interrupted by receipt of the foregoing Messages) resumed.

Ordered, on motion of the Deputy Premier (Hon. D.J. Hopgood), that the debate be adjourned until Thursday 14 February 1991.

 

5          Rural Youth ‑ Motion re

Mr Venning, pursuant to notice, proceeding to move ‑ That this House recognises the importance of the South Australian Rural Youth organisation, deplores the reduction of resources to the organisation by successive governments and urges the Government to recognise the cost effectiveness of the training function of Rural Youth by proving incentive based grants designed to attract private sector funding to assist worthwhile projects for the benefit of rural youth in South Australia.

Ordered, on motion of Mr Venning, by leave, that the motion be adjourned until Thursday 21 February 1991.

 

6          Sea Rescue Squadron ‑ Motion re

Mr Becker, pursuant to notice, moved ‑ That this House congratulates the South Australian Sea Rescue Squadron Incorporated on 30 years of promoting safety at sea and search and rescue.

Ordered, on motion of Mr Ferguson, that the debate be adjourned until Thursday 21 February 1991.

 

7          Summary Offences Act Amendment Bill (No. 3)

Mr Becker, pursuant to notice, moved ‑ That he have leave to introduce a  Bill for an Act to amend the Summary Offences Act, 1953.

Question put and passed.

 

Bill presented and read a first time.

Mr Becker moved ‑ That this Bill be now read a second time.

Ordered, on motion of Mr Hamilton, that the debate be adjourned until Thursday 21 February 1991.

 

8          Messages from the Legislative Council

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

 

Murray‑Darling Basin Act Amendment Bill                                                     Message No. 68

MR SPEAKER ‑ The Legislative Council has agreed to the Bill returned herewith, titled an Act to approve an agreement for amendment of the agreement between the Commonwealth, New South Wales, Victoria and South Australia with respect to the Murray‑Darling Basin; and to amend the Murray‑Darling Basin Act, 1983, without any amendment.

Legislative Council, 13 December 1990                                                G.L. Bruce, PRESIDENT

 

Address to His Excellency The Governor ‑ Appointment of Members to the Council of the University of South Australia                                           Message No. 69

MR SPEAKER ‑ The Legislative Council has agreed to the Address to His Excellency The Governor contained in Message No. 72 from the House of Assembly.

Legislative Council, 13 December 1990                                                G.L. Bruce, PRESIDENT

 

Building Societies Bill                                                                                          Message No. 70

MR SPEAKER ‑ The Legislative Council has agreed to the amendment made by the House of Assembly in the Building Societies Bill, without any amendment.

Legislative Council, 13 December 1990                                                G.L. Bruce, PRESIDENT


271

 

Motor Vehicles Act Amendment Bill (No. 5)                                     Message No. 71

MR SPEAKER ‑ The Legislative Council insists on its amendments in the Motor Vehicles Act Amendment Bill (No. 5) to which the House of Assembly has disagreed. The Bill is returned herewith.

Legislative Council, 13 December 1990                                                G.L. Bruce, 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:

Hon. T.H. Hemmings reported that the Committee had considered the Message referred to it and had resolved to insist on its disagreement to the amendments.

 

Conference

The Minister of Transport (Hon. F.T. Blevins) 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 Motor Vehicles Act Amendment Bill (No. 5) 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 Hon. T.H. Hemmings, Messr Holloway, Venning, Hon. D.C. Wotton and the mover be Managers of the Conference on the part of this House.

        Question put and passed.

 

9          Federal Airports Corporations ‑ Motion re

Mr Becker, pursuant to notice, moved ‑  That this House congratulates the Federal Airports Corporation on its action of responsibly upgrading Adelaide Airport and deplores the article "Low Flying" written by Peter Ward in the magazine section of The Advertiser on 3 November 1990.

Ordered, on motion of Mr Heron, that the debate be adjourned until Thursday 21 February 1991.

___________

 

It being 12.00 noon, the Orders of the Day were called on by the Clerk.

___________

 

10       Postponement of business

Ordered ‑ That Orders of the Day (Other Business) Nos 1 to 8 be postponed and taken into consideration after Order of the Day (Other Business) No. 9.

 

11       Morgan/Burra/Spalding Road ‑ Motion re

Order of the Day read for the adjourned debate on the motion of Mr Venning ‑ That this condemns the failure of successive Governments to upgrade the Morgan/Burra/Spalding Road to a standard commensurate with its economic and social importance to the State.

Debate resumed.


272

 

Hon. B.C. Eastick moved to leave out the words "condemns the failure of successive Governments to upgrade" and insert in lieu thereof the words "urges the Government to give appropriate priority to upgrading".

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

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

 

12       Postponement of business

Ordered ‑ That Orders of the Day (Other Business) Nos 1 to 8 and 10 to 14 be postponed and taken into consideration after Order of the Day (Other Business) No. 15.

 

13       Law on Practice relating to Death and Dying ‑ Motion for Select Committee

Order of the Day read for the adjourned debate on the motion of Hon. J.L.Cashmore ‑ That a Select Committee be established to examine‑‑

(a)   the extent to which both the health services and the present law provide adequate options for dying with dignity;

(b)   whether there is sufficient public and professional awareness of pain relief and palliative care available to patients facing severe prolonged pain in a terminal illness; whether there is adequate provision of such services; whether there is sufficient public and professional awareness of the Natural Death Act and if not, what measures should be taken to overcome any deficiency;

(c)   to what extent, if any, community attitudes towards death and dying may be changing and to what extent, if any, the law relating to dying needs to be clarified or amended.

Debate resumed.

The Minister of Health (Hon. D.J. Hopgood) moved to leave out all words after the word "whether" in paragraph (b) first occurring and to insert in lieu thereof the following: "there is sufficient public and professional awareness of pain relief and palliative care available to patients facing severe prolonged pain in a terminal illness, whether there is adequate provision of such services, and whether there is sufficient public and professional awareness of the provisions of the Natural Death Act and, if not, what measures should be taken to overcome any deficiency."

        Debate continued.

 

14       Messages from the Legislative Council

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

 

Occupational Health, Safety and Welfare Act

        Amendment Bill                                                                                              Message No. 72

MR SPEAKER ‑ The Legislative Council has agreed not to insist on its Amendments Nos 1 to 3 in the Occupational Health, Safety and Welfare Act Amendment Bill to which the House of Assembly has disagreed, and has agreed to the alternative amendment to Amendment No. 2 of the House of Assembly, without any amendment.  The Bill is returned herewith.

Legislative Council, 13 December 1990                                                G.L. Bruce, PRESIDENT

 

Motor Vehicles Act Amendment Bill (No. 5)                                     Message No. 73

MR SPEAKER ‑  The Legislative Council has, in reply to Message No. 79 from          the House of Assembly, agreed to grant a Conference on the Motor Vehicles Act Amendment Bill (No. 5), as requested by the House of Assembly.  The Legislative Council has named the hour of 12.15 p.m. on this day to receive the managers on behalf of the House of Assembly, at the Conference Room of the Legislative Council.

Legislative Council, 13 December 1990                                                G.L. Bruce, PRESIDENT


273

 

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

Ordered ‑ That the sitting of the House be continued during the Conference with the Legislative Council on the Bill.

 

15       Law and Practice Relating to Death and Dying ‑ Motion for Select Committee

Debate (interrupted by receipt of the foregoing Messages) resumed.

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

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

 

Select Committee

And a Committee was appointed consisting of Mr Atkinson, Hon. J.L.   Cashmore, Hon. B.C. Eastick, Messrs M.J. Evans and Heron, Mrs Kotz and the Minister of Health (Hon. D.J. Hopgood).

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

        To report on Thursday 11 April 1991.

 

16    Postponement of business

        Ordered ‑ That Orders of the Day (Other Business) Nos 1 to 8, 10 to 14 and                        16 to 19 be postponed and taken into consideration after Order of the Day (Other Business) No. 20.

 

17    Criminal Law Consolidation Act Amendment Bill (No. 2)

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

        Debate resumed.

        The Minister of Health moved ‑ That the debate be adjourned.

        Question put.

 


274

 

House divided (No. 1):

Ayes,22.

Hon. L.M.F. Arnold

Mr Atkinson

Hon. J.C. Bannon

Hon. F.T. Blevins

Hon. G.J. Crafter

Mr De Laine

Mr M.J. Evans

Mr Ferguson

Hon. R.J. Gregory

Mr Groom

Mr Hamilton

Hon. T.H. Hemmings

Mr Heron

Mr Holloway

Mrs Hutchison

Hon. J.H.C. Klunder

Hon. S.M. Lenehan

Mr McKee

Hon. M.K. Mayes

Mr Quirke

Hon. J.P. Trainer

Hon. D.J. Hopgood (Teller)

 

Noes,23.

Hon. H. Allison

Dr Armitage

Hon. P.B. Arnold

Mr D.S. Baker

Mr S.J. Baker

Mr Becker

Mr Blacker

Hon. J.L. Cashmore

Hon. T. Chapman

Hon. B.C. Eastick

Mr S.G. Evans

Hon. E.R. Goldsworthy

Mr Gunn

Mr Ingerson

Mrs Kotz

Mr Lewis

Mr Matthew

Mr Meier

Mr Oswald

Mr Such

Mr Venning

Hon. D.C. Wotton

Mr Brindal (Teller)

 

 

So it was passed in the negative.

Debate resumed.

Ordered, on motion of the Minister of Health, by leave, that the debate be further adjourned until Thursday 14 February 1991.

 

18       Message from the Governor

The following Message from the Governor was received and read:

 

Physiotherapists Bill ‑ Recommending                                                              Message No. 23

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 Physiotherapists Bill, 1990.

Government House, Adelaide, 13 December 1990                              D.B. Dunstan, GOVERNOR

 

19       Conference ‑ Motor Vehicles Act Amendment Bill (No. 5)

The Minister of Transport (Hon. F.T. Blevins) reported as follows:

I have to report that the Managers have been at the Conference on the Motor Vehicles Act Amendment Bill (No. 5), which was managed on the part of the Legislative Council by the Minister of Local Government (Hon. J.A.W. Levy), Hon. H.P.K. Dunn, Hon. I. Gilfillan, Hon. D.V. Laidlaw and Hon. G. Weatherill and we there delivered the Bill, together with the resolution adopted by this House, and thereupon the Managers for the two Houses conferred together but no agreement was reached.

 

20       Answers to questions

Answers to questions without notice were tabled by the Speaker.

21       Papers

The following Papers were laid on the Table:

        By the Minister of Agriculture (Hon. L.M.F. Arnold) ‑

                South Australian Egg Board ‑ Report, 1989‑90.

275

 

        By the Minister of Ethnic Affairs (Hon. L.M.F. Arnold) ‑

    South Australian Multicultural and Ethnic Affairs Commission and Office of Multicultural and Ethnic Affairs ‑ Report, 1989‑90.

 

        By the Minister of Education (Hon. G.J. Crafter)

                Commissioner for Equal Opportunity ‑ Report, 1989‑90.

                Legal Services Commission ‑ Report, 1989‑90.

                Royal Commission into Aboriginal Deaths in Custody ‑ Report of the                           Inquiry into the Death of Craig Douglas Karpany.

 

        By the Minister for Environment and Planning (Hon. S.M. Lenehan) ‑

                South Australian Planning Commission ‑ Report, 1989‑90.

                South Australian Urban Land Trust ‑ Report. 1989‑90.

 

        By the Minister of Employment and Further Education (Hon. M.D. Rann) ‑

                Local Government Superannuation Board ‑ Report, 1989‑90.

 

22       Public Works Standing Committee ‑ Report

The Speaker laid on the Table the Final Report, together with Minutes of Evidence of the Parliamentary Standing Committee on Public Works on Redevelopment of the Adelaide Magistrates Court.

Report ordered to be printed (Paper No. 174A).

 

23       Questions

Questions without notice were asked.

 

24       Next day of sitting

The Deputy Premier (Hon. D.J. Hopgood) moved ‑ That the House, at its rising, adjourn until Tuesday 12 February 1991 at 2.00 p.m.

Debate ensued.

Question put and passed.

 

25       Physiotherapists Bill

The Minister of Health, pursuant to notice, moved ‑ 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.

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 Dr Armitage, that the debate be adjourned until Tuesday 12 February 1991.

 

26       Corporations (South Australia) Bill

Order of the Day read for the adjourned debate on the question ‑ That the Corporations (South Australia) Bill be now read a second time.

Debate resumed.

Question put and passed.

 

Bill read a second time.


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In Committee

                                                    Clauses Nos 1 to 21 agreed to.

                                                    New Clause No. 22 inserted.

                                                    Clauses Nos 23 to 97 agreed to.

                                                    Title agreed to.

___________

 

The House having resumed:

Mrs Hutchison 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.

 

27       Select Committee on Self Defence

Order of the Day read for the consideration of the Report of the Select Committee on Self Defence.

Mr Groom moved ‑ That the Report be noted.

Debate ensued.

 

28       Extension of time for adjournment

The Minister for Environment and Planning moved ‑ That the time for moving           the adjournment of the House be extended beyond 5.00 p.m.

Question put and passed.

 

29       Select Committee on Self Defence

Debate (interrupted by the foregoing motion) resumed.

Ordered on motion of Mr M.J. Evans, that the debate be adjourned until Tuesday 12 February 1991.

 

30       Message from the Legislative Council

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

 

Corporations (South Australia) Bill                                                                   Message No. 74

MR SPEAKER ‑ The Legislative Council has agreed to the amendment made by the House of Assembly in the Corporations (South Australia) Bill, without any amendment.

Legislative Council, 13 December 1990                                                G.L. Bruce, PRESIDENT

 

31       Suspension of Standing Orders

The Deputy Premier, without notice, moved ‑ That Standing Orders be so far             suspended as to enable Notice of Motion: Other Business No. 21 to be taken into consideration forthwith.

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

 

32       Privacy ‑ Motion for Select Committee

Order of the Day read for the adjourned debate on the motion of Mr Groom ‑ That a Select Committee be established to consider deficiencies or otherwise in the laws relating to privacy and in particular ‑

(a)   to consider the terms of a draft Bill prepared by the Parliamentary Counsel on the instructions of the Member for Hartley entitled "an Act to create a right of privacy and to provide a right of action  for an infringement of that right; and for other purposes";

 


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(b)   to examine and make recommendations about specific areas where citizens need protection against invasions of privacy; and

(c)   to propose practical means of providing protection against invasions of privacy.

Debate resumed.

Question put and passed.

 

Select Committee

And a Committee was appointed consisting of Hon. H. Allison and Messrs   Atkinson, M.J. Evans, S.G. Evans and Groom.

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

To report on Thursday 21 March 1991.

 

33       Adjournment

House adjourned at 5.05 p.m. until Tuesday 12 February 1991 at 2.00 p.m.

___________

 

Present during the day ‑ All the Members except Hon. M.D. Rann.

 

 

 

                                                                                                                                    N.T. Peterson

                                                                                                                                    SPEAKER

G.D. Mitchell

CLERK OF THE HOUSE OF ASSEMBLY