No 36

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

THURSDAY 20 MARCH 1997

 

 

1       Meeting of House

The House met pursuant to adjournment.  The Speaker (Hon G M Gunn) took the Chair and read prayers.

 

2       Postponement of business

Ordered - That Notices of Motion: Private Members Bills/Committees/Regulations Nos 1 to 3 be Notices of Motion for Thursday 29 May.

 

3       Public Works Committee - Report - Adelaide Dental Hospital Redevelopment - Motion to note

Mr Oswald, pursuant to notice, moved - That the Forty-Ninth Report of the Committee on the Adelaide Dental Hospital Redevelopment be noted.

Debate ensued.

Question put and passed.

 

4       Environment, Resources and Development Committee - Annual Report - Motion to note

Mr Venning, pursuant to notice, moved - That the Twenty-Third Report of the Environment, Resources and Development Committee being the Annual Report of the Committee be noted.

Question put and passed.

 

5       Conference - Subordinate Legislation (Commencement of Regulations) Amendment Bill

The Minister for Employment, Training and Further Education (Hon D C Kotz) reported as follows:

I have to report that the Managers have been at the Conference on the Bill, which was managed on the part of the Legislative Council by the Attorney-General, Hon K T Griffin, Hon M J Elliott, Hon R D Lawson, Hon P Nocella and Hon C A Pickles and the Managers there received from the Managers on behalf of the Legislative Council the Bill and the following resolution adopted by that House:

That the disagreement to the amendments of the House of Assembly be insisted on.

And thereupon the Managers for the two Houses conferred together but no agreement was reached.

 

Ordered - That the Report of the Conference be taken into consideration on motion.

 

6       Select Committee on Organs for Transplantation - Extension of time for bringing up Report

Ms J Grieg moved - That the time for bringing up the Report of the Select Committee on Organs for Transplantation be extended until Thursday 29 May.

Question put and passed.

 


7       Constitution (Casual Vacancies in House of Assembly) 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.

 

House divided (No 1)

 


                       Ayes, 26

 

Hon H Allison

Hon M H Armitage

Hon E S Ashenden

Mr D S Baker

Mr Bass

Mr Becker

Mr Brindal

Mr Buckby

Mr Condous

Mr Cummins

Mrs Greig

Mrs Hall

Hon G A Ingerson

Hon R G Kerin

Mrs Kotz

Mr Leggett

Hon W A Matthew

Mr Meier

Mr Oswald

Mrs Penfold

Mrs Rosenberg

Hon R B Such

Mr Venning

Mr Wade

Hon D C Wotton

Mr Evans (Teller)


        Noes, 12

 

Mr Andrew

Mr Clarke

Mr De Laine

Mrs Geraghty

Ms Hurley

Mr Lewis

Mr Quirke

Hon M D Rann

Mr Rossi

Ms Stevens

Ms White

Mr Atkinson (Teller)


 

So it was resolved in the affirmative.

 

Bill read a second time.

 

In Committee

                                                Clauses Nos 1 and 2 agreed to.

                                                Clause No 3 read.

Mr Lewis moved - That the Committee report progress.

         Question put.

 


         Committee divided (No 2):

 


                     Ayes, 9

 

Mr Atkinson

Mr Clarke

Mr De Laine

Ms Hurley

Hon M D Rann

Mr Rossi

Mr Scalzi

Ms White

Mr Lewis (Teller)


        Noes, 25

 

Mr Andrew

Hon M H Armitage

Hon E S Ashenden

Mr D S Baker

Mr Bass

Mr Becker

Mr Brindal

Mr Buckby

Mr Condous

Mr Cummins

Mrs Greig

Hon G M Gunn

Mrs Hall

Hon G A Ingerson

Hon R G Kerin

Mrs Kotz

Mr Leggett

Hon W A Matthew

Mr Meier

Mr Oswald

Mrs Penfold

Mrs Rosenberg

Mr Wade

Hon D C Wotton

Mr Evans (Teller)


 

         So it passed in the negative.

                                                Clause No 3 further considered.

         To report progress and ask leave to sit again.

____________

 

         The House having resumed:

Hon H Allison 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 Thursday 29 May.

 

8       Suspension of Standing and Sessional Orders

Mr Meier, without notice, moved - That Standing and Sessional Orders be so far suspended as to enable Notices of Motion: Other Motions to be postponed until Orders of the Day: Private Members Bills/ Committees/ Regulations are disposed of.

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

 

9       Postponement of business

Ordered - That Order of the Day: Private Members Bills/Committees/Regulations No 3 be an Order of the Day for Thursday 29 May.

 

10      Workers Rehabilitation and Compensation (Definition of trauma) 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.


House divided (No 3):

 


                     Ayes, 9

 

Hon F T Blevins

Mr Clarke

Mr De Laine

Mrs Geraghty

Ms Hurley

Mr Quirke

Ms Stevens

Ms White

Mr Atkinson (Teller)


        Noes, 28

 

Mr Andrew

Hon M H Armitage

Hon E S Ashenden

Mr D S Baker

Mr Bass

Mr Becker

Mr Brindal

Mr Brokenshire

Mr Buckby

Mr Condous

Mr Cummins

Mr Evans

Mrs Greig

Mrs Hall

Hon R G Kerin

Mrs Kotz

Mr Lewis

Hon W A Matthew

Mr Oswald

Mrs Penfold

Mrs Rosenberg

Mr Rossi

Mr Scalzi

Hon R B Such

Mr Venning

Mr Wade

Hon D C Wotton

Mr Meier (Teller)


 

         So it passed in the negative.

 

11      Rehabilitation of Sexual 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.

         Question put


         House divided (No 4)

 


                       Ayes, 27

 

Mr Andrew

Hon M H Armitage

Mr D S Baker

Mr Bass

Mr Becker

Mr Brindal

Mr Brokenshire

Mr Buckby

Mr Condous

Mr Evans

Mrs Greig

Mrs Hall

Hon G A Ingerson

Hon R G Kerin

Mrs Kotz

Mr Leggett

Mr Lewis

Hon W A Matthew

Mr Meier

Mr Oswald

Mrs Penfold

Mr Rossi

Hon R B Such

Mr Venning

Mr Wade

Hon D C Wotton

Mrs Rosenberg (Teller)


        Noes, 9

 

Hon F T Blevins

Mr Clarke

Mr De Laine

Ms Hurley

Mr Quirke

Mr Scalzi

Ms Stevens

Ms White

Mr Atkinson (Teller)


 

         So it was resolved in the affirmative.

 

         Bill read a second time.

 

In Committee

                                                Clause No 1 read.

         To report progress and ask leave to sit again.

____________

 

         The House having resumed:

Hon H Allison 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 Thursday 29 March.

 

12      Postponement of business

Ordered - That Orders of the Day: Private Members Bills/Committees/Regulations Nos 6 and 7 be Orders of the Day for Thursday 29 March.

 

13      Criminal Law Consolidation (Intoxication) 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.


         House divided (No 5):

 


                     Ayes, 14

 

Mr Bass

Hon F T Blevins

Mr Clarke

Mr De Laine

Mr Foley

Mrs Geraghty

Mrs Greig

Ms Hurley

Mr Lewis

Mr Quirke

Hon M D Rann

Ms Stevens

Ms White

Mr Atkinson (Teller)


        Noes, 23

 

Mr Andrew

Hon M H Armitage

Hon S J Baker

Mr Becker

Mr Brindal

Mr Brokenshire

Mr Buckby

Mr Condous

Mr Cummins

Mr Evans

Mrs Hall

Hon R G Kerin

Mrs Kotz

Mr Leggett

Hon W A Matthew

Mr Oswald

Mrs Penfold

Mrs Rosenberg

Mr Scalzi

Hon R B Such

Mr Wade

Hon D C Wotton

Mr Meier (Teller)


 

         So it passed in the negative.

 

14      Papers

         The following Papers were tabled:

 

By the Deputy Premier (Hon G A Ingerson) -

Ministerial Statement by the Attorney-General - Self Defence

 

By the Minister for Industrial Affairs (Hon D C Brown) -

Ministerial Statement by the Minister for Transport - Adelaide Airport Runway Capital Works Schedule.

 

15      Questions

         Questions without notice were asked.

 

16      Grievance debate

         The Speaker proposed - That the House note grievances.

         Debate ensued.

 

         Speaker’s Ruling - Reflection on Chair - Disagreement to

The Speaker ruled that the remarks of the Deputy Leader of the Opposition were out of order as they were a reflection on the chair.

Mr Atkinson moved - That the ruling of the Speaker be disagreed with.

Debate ensued.

Question put.


House divided (No 6):

 


                       Ayes, 10

 

Hon F T Blevins

Mr Clarke

Mr De Laine

Mr Foley

Mrs Geraghty

Ms Hurley

Mr Quirke

Hon M D Rann

Ms Stevens

Mr Atkinson (Teller)


        Noes, 30

 

Hon H Allison

Mr Andrew

Hon M H Armitage

Hon E S Ashenden

Mr D S Baker

Mr Bass

Mr Becker

Mr Brindal

Mr Brokenshire

Hon D C Brown

Mr Buckby

Mr Condous

Mr Cummins

Mr Evans

Mrs Greig

Mrs Hall

Hon R G Kerin

Mrs Kotz

Mr Leggett

Mr Lewis

Mr Meier

Mr Oswald

Mrs Penfold

Mrs Rosenberg

Mr Rossi

Mr Scalzi

Hon R B Such

Mr Venning

Mr Wade

Hon G A Ingerson (Teller)


 

So it passed in the negative.

 

Debate (interrupted by the foregoing) resumed.

         Question put and passed.

 

17      Message from the Legislative Council

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

 

         Statutes Amendment (Reference to Banks) Bill                                      Message No 73

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Acts Interpretation Act 1915, the Administration and Probate Act 1919, the Criminal Law Consolidation Act 1935, the Equal Opportunity Act 1984, the Evidence (Affidavits) Act 1928, the Fair Trading Act 1987, the Firearms Act 1977, the Holidays Act 1910, the Oaths Act 1936, the Pay-roll Tax Act 1971, the South Australian Co-operative and Community Housing Act 1991 and the Wrongs Act 1936, to which it desires the concurrence of the House of Assembly.

         Legislative Council, 19 March 1997                                                 H P K Dunn, PRESIDENT

 

Bill read a first time.

 

The Minister for Primary Industries (Hon R G Kerin) moved - That this Bill be now read a second time.

Ordered, on motion of Mr Atkinson, that the debate be adjourned until Tuesday 27 May.

 

18      Next day of sitting

The Minister for Primary Industries moved - That the House at its rising adjourn until Tuesday 27 May at 2.00 pm.

         Question put and passed.


19      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.

 

20      Netherby Kindergarten (Variation of Waite Trust) 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.

         Proceeded, by leave, to the third reading.

 

         Bill read a third time and passed.

 

21      Long Service Leave (Miscellaneous) 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.

 

House divided (No 7)

 


              Ayes, 27

 

Hon H Allison

Mr Andrew

Hon M H Armitage

Hon E S Ashenden

Mr Bass

Mr Becker

Mr Brindal

Mr Brokenshire

Mr Buckby

Mr Condous

Mr Evans

Mrs Greig

Mrs Hall

Hon R G Kerin

Mrs Kotz

Mr Leggett

Mr Lewis

Mr Meier

Mrs Penfold

Mrs Rosenberg

Mr Rossi

Mr Scalzi

Hon R B Such

Mr Venning

Mr Wade

Hon D C Wotton

Hon G A Ingerson (Teller)


        Noes, 9

 

Mr Atkinson

Mr De Laine

Mr Foley

Mrs Geraghty

Ms Hurley

Mr Quirke

Hon M D Rann

Ms White

Mr Clarke (Teller)


 

         So it was resolved in the affirmative.

 

Bill read a second time.

 

In Committee

                                                Clause No 1 read.

         To report progress and ask leave to sit again.

____________

 


         The House having resumed:

Hon H Allison 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 Tuesday 27 May.

 

22      Suspension and resumption of sitting

         At 6.00 pm the sitting of the House was suspended.

         At 11.54 pm the Speaker resumed the Chair.

 

23      Suspension of Standing Orders

The Deputy Premier, without notice, moved - That Standing Orders be so far suspended as to enable the House to sit beyond midnight.

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

 

24      Conference - Subordinate Legislation (Commencement of Regulations) Amendment Bill

Ordered - That the Report of the Conference on the Subordinate Legislation (Commencement of Regulations) Amendment Bill be now taken into consideration.

 

The Deputy Premier moved - That the Bill be laid aside.

Debate ensued.

____________

 

It being Midnight

 

FRIDAY 21 MARCH 1997

____________

 

Question put and passed.

         Bill laid aside.

 

25      Paper

         The following Paper was tabled:

 

By the Deputy Premier -

Racing Industry Development Authority - Television Racing Centres, the Teletrak Proposal and Proprietary Racing.

 

26      Messages from the Legislative Council

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

 

         Stamp Duties (Miscellaneous) Amendment Bill                                      Message No 74

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Stamp Duties Act 1923, without any amendment.

         Legislative Council, 20 March 1997                                                 H P K Dunn, PRESIDENT

 

         Statutes Amendment (Superannuation) Bill                                           Message No 75

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Judges’ Pension Act 1971, the Parliamentary Superannuation Act 1974, the Police Superannuation Act 1990, the Southern State Superannuation Act 1994 and the Superannuation (Benefit Scheme) Act 1992, without any amendment.

         Legislative Council, 20 March 1997                                                 H P K Dunn, PRESIDENT

 

         Local Government (City of Adelaide Elections) Amendment Bill                        Message No 76

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Local Government Act 1934, without any amendment.

         Legislative Council, 20 March 1997                                                 H P K Dunn, PRESIDENT

 

         Environment Protection (Miscellaneous) Amendment Bill                      Message No 77

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Environment Protection Act 1993, without any amendment.

         Legislative Council, 20 March 1997                                                 H P K Dunn, PRESIDENT

 

         Public Finance and Audit (Miscellaneous) Amendment Bill                   Message No 78

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Public Finance and Audit Act 1987, without any amendment.

         Legislative Council, 20 March 1997                                                 H P K Dunn, PRESIDENT

 

         Gas Bill                                                                                                   Message No 79

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to regulate the gas supply industry; to make provision for safety and technical standards for gas installations and gas appliances; to repeal the Gas Act 1988; and for other purposes, without any amendment.

         Legislative Council, 20 March 1997                                                 H P K Dunn, PRESIDENT

 

         Racing (Interstate Totalizator) Amendment Bill                                      Message No 80

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Racing Act 1976, without any amendment.

         Legislative Council, 20 March 1997                                                 H P K Dunn, PRESIDENT

 

27      Suspension and resumption of sitting

         At 12.27 am the sitting of the House was suspended.

         At 2.36 am the Speaker resumed the Chair.

 

28      Messages from the Legislative Council

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

 

         Tobacco Products Regulation Bill                                                          Message No 81

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to regulate the sale, packaging, importing, advertising and use of tobacco products; to recover from consumers of tobacco products an appropriate contribution towards the State’s revenues; to continue the South Australian Sports Promotion, Cultural and Health Advancement Trust and prescribe its functions and powers; to repeal the Tobacco Product Control Act 1986 and the Tobacco Products (Licensing) Act 1986; and for other purposes, with the amendments and suggested amendments indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly, and which suggested amendments the Legislative Council requests the House of Assembly to make to the said Bill.

         Legislative Council, 20 March 1997                                                 H P K Dunn, PRESIDENT

 

Schedule of amendments made by the Legislative Council

No 1     Page 3, lines 6 and 7 (clause 4) - Leave out the definition of “Fund”.

No 2     Page 6, lines 20 and 21 (clause 7) - Leave out “where the average tar content as so required to be stated is less than 5 milligrams” and insert “where the number of milligrams so required to be included in the statement as to average tar content is 1, 2 or 4”.

No 3     Page 6, lines 24 and 25 (clause 7) - Leave out “where the average tar content as so required to be stated is 5 milligrams or more but less than 10 milligrams” and insert “where the number of milligrams so required to be included in the statement as to average tar content is 8”.

No 4     Page 6, lines 28 and 29 (clause 7) - Leave out “where the average tar content as so required to be stated is 10 milligrams or more” and insert “where the number of milligrams so required to be included in the statement as to average tar content is 12, 16 or a greater number”.

No 5     Page 8, line 21 (clause 10) - Leave out “$150” and insert “$500”.

No 6     Page 8, line 22 (clause 10) - Leave out “$300” and insert “$1 000”.

No 7     Page 8, line 23 (clause 10) - Leave out “$600” and insert “$2 000”.

No 8     Page 22, lines 18 to 20 (clause 40) - Leave out paragraph (e).

No 9     Page 24, line 13 (clause 47) - After “lounge” insert “area”.

No 10    Page 24, line 14 (clause 47) - After “drinks” insert “rather than meals”.

No 11    Page 24, lines 32 and 33 (clause 47) - Leave out the definition of “licensed restaurant”.

No 12    Page 25, line 5 (clause 47) - Leave out “(other than a licensed restaurant)”.

No 13    Page 25, line 7 (clause 47) - After “lounge” insert “area”.

No 14    Page 25 (clause 47) - After line 9 insert new paragraphs as follow:-

(ab)     an area within licensed premises (whether being the whole or part of an enclosed public area) that—

      (i)   is a bar or lounge area; and

      ii)    is for the time being exempted by the Liquor Licensing Commissioner;

 (ac)      licensed premises consisting of or including only a single enclosed public area (not the subject of an exemption under paragraph (ab)) while meals are neither available nor being consumed in the area;”.

No 15    Page 25, line 10 (clause 47) - Leave out “(other than a licensed restaurant) between the hours of 10 p.m. and 5 am” and insert “between the hours of 9 pm and 5 am”.

No 16    Page 25, lines 15 to 25 (clause 47) - Leave out paragraph (e) and subclauses (4) and (5) and insert the following:-

      “(4)  An exemption in respect of an area within licensed premises -

            (a)  may be given on written application by the licensee in a manner and form approved                      by the Liquor Licensing Commissioner and accompanied by the prescribed fee;

            (b)  may be subject to conditions fixed by the Liquor Licensing Commissioner, which may      include conditions requiring -

                  (i)   the display of signs;

                  (ii)   the installation, operation and maintenance of ventilation and air conditioning                               equipment;

                  (iii)  the maintenance of a bar or lounge area as a distinct area separated by at least 1.5               metres from an area occupied by tables and chairs used for meals;

            (c)  may be varied or revoked by the Liquor Licensing Commissioner on application by the      licensee or on contravention of or non-compliance with a condition of the exemption.

      (5)  The provisions of Division 4 of Part 2 relating to reviews and appeals apply in relation to a        decision of the Liquor Licensing Commissioner under subsection (4) in the same way as in      relation to a decision of the Commissioner under Part 2 but with references to the Administrative and Disciplinary Division of the District Court to be read as references to the Licensing Court of South Australia.

      (5a)  The occupier of an enclosed public dining or cafe area -

            (a)  must display signs in the area in accordance with the regulations; and

            (b)  must not, if an exemption under subsection (4) relates to the area, contravene or fail to     comply with a condition of the exemption.

                  Maximum penalty:      In the case of a natural person - $500

                  In the case of a body corporate - $1 000.”

No 17    Page 25, line 27 (clause 47) - Leave out “or (4)”.

No 18    Page 30, lines 20 to 22 (clause 57) - Leave out subclause (3).

No 19    Page 30, line 25 (clause 57) - Leave out “this Act” and insert “the prohibition of such advertising or sponsorships (enacted by the Tobacco Products Control Act Amendment Act 1988)”.

No 20    Page 33 (clause 66) - After line 23 insert new paragraph as follows:-

      “(da)      examine and test ventilation and air conditioning equipment in an enclosed public                        dining or cafe area;”

 

Schedule of suggested amendments made by the Legislative Council

No 1     Page 37, line 7 (clause 70) - After “Fund” insert “continued under Part 4”.

No 2     Page 37 (clause 70) - After line 8 insert new subclause as follows:-

      “(2A)  Not less than such part of the amount collected under this Act by way of fees for tobacco merchants’ licences as is attributable to the fixing by section 7 of the prescribed percentage at a percentage greater than 100 per cent must be paid into the fund established under this Part for application in accordance with the provisions of this Part.”

No 3     Page 37, line 9 (clause 70) - Leave out “into the Fund for the purposes of subsection (2)” and insert “for the purposes of subsection (2) or (2A)”.

No 4     Page 37, line 12 (clause 70) - Leave out “(2)” and insert “(3)”.

No 5     Page 37 - After line 12 insert new clause as follows:-

Fund for anti-smoking programs and research

      70A.  (1)  A fund is established at the Treasury.

            (2)  The fund consists of money paid into the fund under this Part.

            (3)  The fund will be administered by the South Australian Health Commission.

            (4)  The Commission may, in accordance with guidelines formulated by the Minister for Health and promulgated in the form of regulations, apply the fund in making grants for -

      (a)  education and publicity programs designed to reduce the incidence of tobacco smoking, particularly in young people; and

      (b)  research undertaken in the State into the prevention or treatment of smoking-related diseases.

      (5)  The regulations must establish an independent body of expert persons to advise the Commission on the allocation of grants under subsection (4).

      (6)  The Commission must, on or before 31 October in each year, provide an annual report to Parliament on the application of money from the fund during the preceding financial year.”

J M Davis, CLERK OF THE LEGISLATIVE COUNCIL

 

Ordered - That the Message be taken into consideration forthwith.

 

In Committee

                                                Resolved - That Amendment No 1 be disagreed to.

                                                Resolved - That Amendments Nos 2 to 13 be agreed to.

                                                Resolved - That Amendment No 14 be amended and agreed to.

                                                Resolved - That Amendment No 15 be agreed to.

                                                Resolved - That Amendment No 16 be amended and agreed to.

                                                Resolved - That Amendments Nos 17 to 20 be agreed to.

                                                Resolved - That suggested Amendments Nos 1 to 5 be disagreed to.

____________

 

         The House having resumed:

Hon H Allison reported that the Committee had considered the Message referred to it and had agreed to Amendments Nos 2 to 13, 15 and 17 to 20 without amendment, had agreed to Amendments Nos 14 and 16 with amendments and has disagreed to Amendment No 1 and suggested Amendments Nos 1 to 5.

 

         Supply Bill                                                                                              Message No 82

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act for the appropriation of money from the Consolidated Account for the financial year ending on 30 June 1998, without any amendment.

         Legislative Council, 20 March 1997                                                 H P K Dunn, PRESIDENT

 

         Electoral (Miscellaneous) Amendment Bill                                             Message No 83

MR SPEAKER - The Legislative Council has agreed to Amendments Nos 2, 4 and 5 made by the House of Assembly in the Electoral (Miscellaneous) Amendment Bill, has disagreed to Amendments Nos 1 and 3 for the reason assigned herewith, and has amended the words reinstated by the disagreement to Amendment No 1 as indicated by the annexed Schedule and has made consequential amendments to the Bill. The Legislative Council returns the Bill herewith and desires its reconsideration.

         Legislative Council, 20 March 1997                                                 H P K Dunn, PRESIDENT

 

Schedule of the amendments of the House of Assembly to which the Legislative Council has disagreed and of the amendments made by the Legislative Council to the words reinstated by such disagreement to Amendment No. 1 and of the consequential amendment.

 

House of Assembly’s Amendment No. 1 -

Page 2, lines 24 and 25 (clause 6) - After the word “authority”, twice occurring, insert the words
“, person or class of person”.

 


Legislative Council’s Amendment thereto -

Page 2, lines 21 to 28 (clause 6) - Leave out proposed Division 5A and insert -

“DIVISION 5A - PROVISION OF CERTAIN INFORMATION

 

Provision of certain information

27A.(1)  The Electoral Commissioner may, on application by a prescribed authority, provide the           authority with any information in the Electoral Commissioner's possession about an            elector.

      (2)  The Electoral Commissioner may, on application by a person of a prescribed class, provide    the person with any of the following information about an elector:

      (a)  the elector's sex;

            (b)  the elector's place of birth;

            (c)  the age band within which the elector's age falls.

      [For the purposes of this subsection, electors’ ages will be divided into age bands in accordance with the regulations.]

      (3) However, information is not to be disclosed to a person of a prescribed class if the elector        has requested the Electoral Commissioner in writing not to do so.

      (4) The Electoral Commissioner—

            (a)  may provide information under this section subject to conditions notified in writing to                     the authority or person to whom the information is given; and

            (b)  may charge a fee (to be fixed by the Electoral Commissioner) for providing                                   information.

      (5) An authority or person who contravenes or fails to comply with a condition under         subsection (4)(a) is guilty of an offence.

      Maximum penalty:      $1 250.”

 

Legislative Council’s Consequential Amendment  -

Page 30, lines 6 to 11 (Schedule 3) - Leave out proposed new clause 6A and insert new clause 6A as follows:-

Exempt electoral records

      6A. A document is an exempt document if it is a record of information about an elector obtained in the course of the administration of the Electoral Act 1985; but not recorded on an electoral roll (as defined in that Act).”

 

House of Assembly’s Amendment No. 3 -

Page 7 - After line 27 insert new clause 15A as follows -

Amendment of s.85 - Compulsory voting

      15A.  Section 85 of the principal Act is amended by inserting after subsection (9) the following subsection:

      (9a)  The Electoral Commissioner may, if of the opinion that it would not serve the public interest to prosecute an elector for an offence against this section, decline to so prosecute.”

 

Schedule of the Reason for disagreeing with the foregoing amendments

Because the amendments are incompatible with the scheme of the legislation.

 

         Ordered - That the Message be taken into consideration forthwith.

 

In Committee

                                                Resolved - That Amendment No 1 not be insisted on and that the                                                      Legislative Council’s alternative amendment be agreed to.

                                                Resolved - That the consequential amendment be agreed to.

                                                Resolved - That Amendment No 3 not  be insisted on.

____________

 

         The House having resumed:

Hon H Allison reported that the Committee had considered the Message referred to it and had resolved not to insist on its Amendments Nos 1 and 3 and to agree to the Legislative Council’s alternative amendment to Amendment No 1 and to the consequential Amendments.

         Tobacco Products Regulation Bill                                                          Message No 84

MR SPEAKER - The Legislative Council does not insist on its Amendment No 1 in the Tobacco Products Regulations Bill to which the House of Assembly has disagreed, has agreed to the amendments made by the House of Assembly to the Legislative Council’s Amendments Nos 14 and 16, and has agreed not to insist on its suggested Amendments Nos 1 to 5. The Bill is returned herewith.

         Legislative Council, 20 March 1997                                                 H P K Dunn, PRESIDENT

 

30      Adjournment

         House adjourned at 3.31 pm until Tuesday 27 May at 2.00 pm.

___________

 

 

MOTION OF WHICH NOTICE WAS GIVEN

 

               For Thursday 29 May 1997

 

         Notice of Motion: Other Motions -

 

Mrs Geraghty to move - That this House congratulates the Adelaide Rams for their outstanding win against the Hunter Mariners at their first home game and for providing South Australians with a most exciting introduction to Super League.

____________

 

Present during the day - All Members except Hon S J Baker, Mr Caudell (on leave) and Hon J W Olsen.

 

         The following Pairs were handed in at the Table during the days proceedings:

 

         Division No 1 -

               Ayes - Mr Caudell

               Noes - Mrs Geraghty

 

         Division No 2 -

               Ayes - Mrs Geraghty

               Noes - Mr Caudell

 

         Division No 3 -

               Ayes - Mr Caudell

               Noes - Mrs Geraghty

 

         Division No 4 -

               Ayes - Mr Caudell

               Noes - Mrs Geraghty

 

         Division No 6 -

               Ayes - Hon S J Baker and Hon J W Olsen

               Noes - Hon F T Blevins and Ms Stevens

 

 

 

 

 

                                                                                                            G M Gunn

                                                                                                            SPEAKER

 

G D Mitchell

CLERK OF THE HOUSE OF ASSEMBLY