No 36

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

TUESDAY 15 OCTOBER 2002

 

 

1       Meeting of House

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

 

2       Message from the Governor

            The following Message from the Governor was received and read:

 

         Assent to Bills                                                                                         Message No 10

The Governor informs the House of Assembly that, in the name and on behalf of Her Majesty The Queen, the following Acts were assented to during the present session, viz.-

No 9 of 2002      An Act relating to agricultural chemical products, fertilisers and veterinary products: to repeal the Agricultural Chemicals Act 1955, the Stock Foods Act 1941 and the Stock Medicines Act 1939; to amend the Agricultural and Veterinary Chemicals (South Australia) Act 1994 and the Livestock Act 1997; and for other purposes.

No 10 of 2002    An Act to amend the Fisheries Act 1982.

No 11 of 2002    An Act to validate certain administrative acts and payments.

No 12 of 2002    An Act to amend the Prices Act 1948.

No 13 of 2002    An Act to establish a licensing system for regular passenger air services on declared routes between airports in the State; and for other purposes.

No 14 of 2002    An Act to establish the Essential Services Commission; to repeal the Independent Industry Regulator Act 1999; to amend the Local Government Act 1999 and the Maritime Services (Access) Act 2000; and for other purposes.

No 15 of 2002    An Act to amend the Stamp Duties Act 1923.

No 16 of 2002    An Act to amend the District Court Act 1991, the Magistrates Court Act 1991, the Magistrates Act 1991and the Supreme Court Act 1935.

No 17 of 2002    An Act to amend the Motor Accident Commission Act 1992 and the Motor Vehicles Act 1959.

No 18 of 2002    An Act for the appropriation of money from the Consolidated Account for the year ending on 30 June 2003 and for other purposes.

No 19 of 2002    An Act to amend the Electricity Act 1996.

No 20 of 2002    An Act to provide for limitation of liability of providers of recreational services; and for other purposes.

No 21 of 2002    An Act to amend the Wrongs Act 1936.

Government House, 15 October 2002                                  M Jackson-Nelson, GOVERNOR

 

3       Death of Dr Margaret Tobin

The Premier, by leave, moved – That the House of Assembly expresses its deepest condolences to the family, friends and colleagues of Dr Margaret Julia Tobin, a pre-eminent and tireless servant of the people of this State; and as a mark of respect to her memory the sitting of the House be suspended until the ringing of the bells.

And being supported by the Leader of the Opposition (Hon R G Kerin), Hon L Stevens (Minister for Health), Hon D C Brown and the Speaker.

Motion carried in silence, Members rising in their places.

 

4       Suspension and resumption of sitting

         At 2.40 pm the sitting of the House was suspended.

         At 2.50 pm the Speaker resumed the Chair.

 

5       Petitions Nos 38 to 41

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

 

38   Hon D C Brown (Deputy Leader of the Opposition), from 646 residents of South Australia, requesting the House to urge the Government to take immediate action to preserve medical and surgical services at the Western Community Hospital and other country hospitals.

 

39   Mrs Maywald, from 95 residents of South Australia, requesting the House to urge the Government to withdraw the Crown Lands (Miscellaneous) Amendment Bill 2002.

 

40   Mrs Maywald, from 36 residents of South Australia, requesting the House to reject voluntary euthanasia legislation, ensure medical staff in hospitals receive proper palliative care training and provide adequate funding for the palliative care of terminally ill patients.

 

41   Ms Bedford, from 138 residents of South Australia, requesting the House support the passage of legislation to remove provisions from all State legislation which discriminate against people in same sex relationships.

 

6       Papers

         The following Papers were tabled:

 

By the Speaker –

      Public Works Committee Reports received and published pursuant to section 17(7) of the Parliamentary Committees Act 1991:

            One Hundred and Eighty Second Report – Port Adelaide Waste Water Treatment Plant Environmental Impact Program Relocation to Bolivar (Paper No 189)

            One Hundred and Eighty Third Report – Commercial Road Viaduct Upgrade (Paper No 190)

 

      District Council of Mount Remarkable – Report 2001-2002, pursuant to section 131 of the Local Government Act 1999

 

By the Premier (Hon M D Rann) –

      Auditor-General’s Department - Report on the Operations for the Year Ending 30 June 2002

      Disciplinary Appeals Tribunal – Report of the Presiding Officer for the Year Ended 30 June 2002

      Government Boards and Committees Information – Report 2002 (Vol 1, 2 & 3)

      Promotion and Grievance Appeals Tribunal – Report of the Presiding Officer for the Year Ended 30 June 2002

 

By the Treasurer (Hon K O Foley) –

      Regulations under the following Acts -

                  Public Finance and Audit –Public Authorities

                  Southern State Superannuation – Education, West Beach Trust

                  Superannuation – Education, West Beach Trust

 

By the Minister for Government Enterprises (Hon P F Conlon) –

      South Australian Ports - Disposal of Maritime Assets – Ministerial Direction and Transfer Order

      South Australian Ports - Transfer of Maritime Assets –

                  Transfer Order – Minister’s Land, Minister’s Leases, Ports Land

                  Transfer Order – Ports Land


 

By the Minister for Energy (Hon P F Conlon) –

      Regulations under the following Acts -

                  Electricity –

                        Customers

                        Contestable Customers

                  Petroleum Products Subsidy – Claim for Payment

 

By the Attorney-General (Hon M J Atkinson) –

      Regulations under the following Acts -

                  Criminal Injuries Compensation – Remake

                  Criminal Law (Forensic Procedures) – M’s DNA

                  Electronic Transactions – Exclusions

                  Subordinate Legislation –Postponement of Expiry

 

      Rules of Court –

                  District Court – District Courts Act - E-filing project

                  Supreme Court – Supreme Courts Act -

                        E-filing

                        Subpoena

 

      Rules –

                  Legal Practitioners Act – Education & Admission Council Rules – Employment

 

By the Minister for Consumer Affairs (Hon M J Atkinson) –

      Regulations under the following Acts -

                  Liquor Licensing – Dry Areas –

                        Kadina, Moonta, Port Hughes, Wallaroo

                        Port Augusta

                        Victor Harbor

 

By the Minister for Health (Hon L Stevens) –

      Human Services - Department of –

                  Report 2001-2002

                  Report to Parliament on Palliative Care in South Australia 2002

      Physiotherapists Board of South Australia Report for the Year Ended 30 June 2002

 

      Regulations under the following Acts -

                  Controlled Substances – Simple Cannabis Expiation Fees

                  South Australian Health Commission –

                        Fees for Service

                        Prescribed Health Services

 

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

      Clare Valley Water Resources Planning Committee – Report 2001–2002

      Coast Protection Board – Report 2001-2002

      Land Board – Report 2001-2002

      Martindale Hall Conservation Trust – Report 2001–2002

      Northern Adelaide and Barossa Catchment Water Management Board – Report 2001-2002

      Onkaparinga Catchment Water Management Board – Report 2002

      Patawalonga Catchment Water Management Board – Report 2002

      South Australian National Parks and Wildlife Council – Report 2001–2002

      Wilderness Protection Act 1992 – South Australia – Report 2001-2002

 

      Regulations under the following Acts -

            Animal and Plant Control (Agricultural Protection and Other Purposes) – Agricultural Protection

                  Environment Protection – Fee Unit


 

By the Minister for Gambling (Hon J D Hill) –

      Rules -

                  Authorised Betting Operations – Bookmakers Licensing Rules –

                        Information Protection

                        Telecommunications Betting

 

By the Minister for Transport (Hon M J Wright) –

      Regulations under the following Acts -

                  Harbors and Navigation – Further Time Extension

 

By the Minister for Industrial Relations (Hon M J Wright) –

      Regulations under the following Acts -

                  Occupational Health, Safety and Welfare – Electrical

                  Workers Rehabilitation and Compensation –

                        Local Government Corporations

                        Scale of medical, other charges

 

By the Minister for Tourism (Hon J D Lomax-Smith) –

      Agriculture, Advisory Board of - Report 2001-2002

      Phylloxera and Grape Industry Board of South Australia – Report 2001-2002

 

      Regulations under the following Acts -

                  Aquaculture – Fees for Licensee

                  Fisheries – Gill, Mesh and Bait Nets

                  Livestock – Deer Keepers

                  Primary Industry Funding Schemes – Deer Industry

                  Veterinary Surgeons – Prescribed Requirements

 

By the Minister for Employment, Training and Further Education (Hon J D Lomax-Smith) –

      Regulations under the following Acts -

      Construction Industry Training Fund – GST

 

By the Minister for Urban Development and Planning (Hon J W Weatherill) –

      Adelaide, City of Development Plan – Adult Premises Plan Amendment – Report on the Interim Operation

      Boundary Adjustment Facilitation Panel - Report 2001-2002

      Barossa Council Development Plan – Town Plan Amendment – Report on the Interim Operation

      Development Act, Administration of - Report 2001-2002

      Land Not Within a Council Area (Coastal Waters) Development Plan – Lower Eyre Peninsula Aquaculture Plan Amendment Report – Report on the Interim Operation

      Victor Harbor, City of – Local Heritage Plan Amendment Report – Report on the Interim Operation

      West Beach Trust – Report 2001-2002

 

      Regulations under the following Acts -

                  Development – Cover requirement revoked


 

By the Minister for Local Government (Hon J W Weatherill) –

      Local Government Act, Section 269 – Report on Operation of Part 1, Chapter 13 of the Act

      State Electoral Office - Local Government Activities - Report 2001-2002

 

      Rules –

                  Local Government – Local Government Superannuation Scheme –

                        Ayres Rock Co.

                        Investment Option

 

            Local Council By-Laws –

                  City of Campbelltown

                        No 1- Permits and Penalties

                        No 2 - Moveable Signs

                        No 3 - Roads

                        No 4 - Local Government Land

                  Town of Gawler

                        No 6 - Bird Scarers

                  Naracoorte Lucindale

                        No 1- Permits and Penalties

                        No 3 - Roads

                        No 4 - Local Government Land

                        No 5 - Dogs

                  District Council of Streaky Bay

                        No 1 - Permits and Penalties

                        No 2 - Moveable Signs

                        No 3 - Roads

                        No 4 - Local Government Land

                        No 5 - Dogs

 

7       Answers to questions

Answers to questions on the Notice Paper Nos 11, 15, 18, 23, 25, 26, 29, 31, 33 - 35, 38, 45, 47, 48, 50 – 52, 61, 65, 67, 68, 71, 72, 74, 82, 84 - 97 & 99 - 102 and questions without notice were tabled by the Speaker.

 

8       Questions

Questions without notice were asked.

 

9       Grievance debate

On motion of the Speaker, the House noted grievances.

 

10      Postponement of business

Ordered - That Notice of Motion: Government Business No 1 be postponed until 27 November.

 

11      Select Committee on the Crown Lands (Miscellaneous) Amendment Bill

Order of the Day read for the Report of the Select Committee on the Crown Lands (Miscellaneous) Amendment Bill to be brought up.

 

Extension of time for bringing up Report

Minister for Government Enterprises moved - That the time for bringing up the Report of the Select Committee on the Crown Lands (Miscellaneous) Amendment Bill be extended until 18 November.

Question put and passed.

 

12      Statutes Amendment (Bushfires) 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 3 agreed to.

                                                            Clause 4 read.

 

Mr Brokenshire moved on page 3, line 17 – Leave out all words in this line and insert in lieu therof:

      “Maximum penalty: Imprisonment for life.”

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

                                                            Clause otherwise amended and agreed to.

                                                            Clause No 5 agreed to.

                                                            Title agree to.

____________

 

         The House having resumed:

Hon R B Such reported that the Committee had considered the Bill referred to it and had agreed to the same with an amendment.

 

Bill read a third time and passed.

 

13      Legislation Revision and Publication 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.

 

14      Statutes Amendment (Stamp Duties and Other Measures) 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 12 agreed to.

                                                            Clause No 13 amended and agreed to.

                                                            Clauses No 14 to 30 agreed to.

                                                            Title agreed to.

____________

 

         The House having resumed:

Hon R B Such reported that the Committee had considered the Bill referred to it and had agreed to the same with an amendment.

 

Bill read a third time and passed.

 

15      Statutes Amendment (Attorney-General’s Portfolio) 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 7 agreed to.

                                                            Clause No 8 amended and agreed to.

                                                            Clause No 9 amended and agreed to.

                                                            Clauses Nos 10 to 26 agreed to.

                                                            Title agreed to.

____________

 

         The House having resumed:

Hon R B Such reported that the Committee had considered the Bill referred to it and had agreed to the same with amendments.

 

Bill read a third time and passed.

 

16      Postponement of business

Ordered - That Order of the Day: Government Business No 6 be postponed until tomorrow.

 

17      Statutes Amendment (Transport Portfolio) 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.

 

18      Adjournment

House adjourned at 9.56 pm until tomorrow at 2.00 pm.

 

____________

 

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

 

            For Wednesday 16 October 2002

 

Notice of Motion: Government Business -

 

The Minister for Transport to move – That he have leave to introduce a Bill for an Act to amend the Harbors and Navigation Act 1993, the Motor Vehicles Act 1959 and the Road Traffic Act 1963.

 

 

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

 

Mr Caica to move – That the One Hundred and Eighty-Second Report of the Public Works Committee on the Waste Water Treatment Plant Environment Improvement Program Relocation to Bolivar be noted.

 

Mr Caica to move – That the One Hundred and Eighty-Third Report of the Public Works Committee on the Commercial Road Viaduct Upgrade be noted.

 

            For Monday 2 December 2002


 

Notice of Motion: Government Business -

 

The Minister for Environment and Conservation to move – That this House requests Her Excellency the Governor to make a proclamation under section 43(4) of the National Parks and Wildlife Act 1972 to vary the proclamation made under Part 3 of that Act on 4 Novemeber 1993, so as to remove the ability to acquire or exercise pursuant to that proclamation, rights of entry, prospecting, exploration or mining under the Mining Act 1971 or the Petroeum Act 1940 (or its successor) over the portion of the Vivonne Bay Conservation Park described as Sections 6 and 125, Hundred of Newland.

 

The Minister for Environment and Conservation to move – That this House requests Her Excellency the Governor to make a proclamation under section 43(4) of the National Parks and Wildlife Act 1972 to vary the proclamation made under sections 30 and 43 of that Act on 16 September 1993, so as to remove the ability to acquire or exercise pursuant to that proclamation, rights of entry, prospecting, exploration or mining under the Mining Act 1971 over the land constituted by that Proclamation as the Lashmar Conservation Park.

 

The Minister for Environment and Conservation to move – That this House requests Her Excellency the Governor to make a proclamation under section 43(4) of the National Parks and Wildlife Act 1972 to vary the proclamation made under Part 3 of that Act on 14 August 1997, so as to remove the ability to acquire or exercise pursuant to that proclamation, pipeline rights under the Petroeum Act 1940 (or its successor) over the portion of the Flinders Chase National Park described as Section 53, Hundred of Borda, County of Carnarvon.

 

The Minister for Environment and Conservation to move – That this House requests Her Excellency the Governor to make a proclamation under section 43(4) of the National Parks and Wildlife Act 1972 to vary the proclamation made under Part 3 of that Act on 4 November 1993, so as to remove the ability to –

            (a)  acquire or exercise pursuant to that proclamation, rights of entry, prospecting,                             exploration or mining under the Petroeum Act 1940 (or its successor); or

            (b)  acquire pursuant to that proclamation, rights of entry, prospecting, exploration or mining               under Mining Act 1971;

            over the portion of the Seal Bay Conservation Park described as Section 3, Hundred of Seddon.

 

____________

 

 

Present during the day - All Members.

 

 

 

 

 

                                                                                                                        Peter Lewis

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY