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No.37

 

 

VOTES AND PROCEEDINGS

 

 

OF THE

 

 

HOUSE OF ASSEMBLY

 

___________

 

 

TUESDAY 12 FEBRUARY 1991

 

 

1          Meeting of House

The House met pursuant to adjournment.  The Speaker (Hon. N.T. Peterson) 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. 24

The Governor informs the House of Assembly that, in the name and on behalf of Her Majesty The Queen, the following Acts have been assented to during the present Session:

No. 64 of 1990 ‑ An Act to amend the Renmark Irrigation Trust Act, 1936.

No. 65 of 1990 ‑ An Act to provide for matters consequent upon the merger of Roseworthy Agricultural College with The University of Adelaide and the merger of the South Australian Institute of Technology and the South Australian College of Advanced Education to form the University of South Australia; to effect the transfer of certain campuses of the College of Advanced Education to The Flinders University of South Australia and The University of Adelaide; to repeal the Roseworthy Agricultural College Act, 1973, the South Australian Institute of Technology Act, 1972 and the South Australian College of Advanced Education Act, 1982; to amend The Flinders University of South Australia Act, 1966, the Tertiary Education Act, 1986, and The University of Adelaide Act, 1971; and for other purposes.

No. 66 of 1990 ‑ An Act to apply certain provisions of laws of the Commonwealth relating to corporations, the securities industry and the futures industry as laws of South Australia; and for other purposes.

No. 67 of 1990 ‑ An Act to amend the Occupational Health, Safety and Welfare Act, 1986.

No. 68 of 1990 ‑ An Act to amend the Building Act, 1971.

No. 69 of 1990 ‑ An Act to amend the Local Government Act, 1934.

No. 70 of 1990 ‑ An Act to amend the Electricity Trust of South Australia Act, 1946.

No. 71 of 1990 ‑ An Act to amend the Land Acquisition Act, 1969.

No. 72 of 1990 ‑ An Act to amend the Evidence Act, 1929.

No. 73 of 1990 ‑ An Act to amend the Trustee Companies Act, 1988.


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No. 74 of 1990 ‑ An Act to amend the Land Agents, Brokers and Valuers Act, 1973.

No. 75 of 1990 ‑ An Act to amend the Pipelines Authority Act, 1967.

No. 76 of 1990 ‑ An Act to amend the Correctional Services Act, 1982.

No. 77 of 1990 ‑ An Act to amend the Citrus Industry Organization Act, 1965.

No. 78 of 1990 ‑ An Act to amend the Superannuation Act, 1988.

No. 79 of 1990 ‑ An Act to give effect to arrangements with the Commonwealth for the transfer of the benefit of the debits tax to the State and for that purpose to provide for the imposition and collection of the debits tax and the making of arrangements with the Commonwealth about matters connected with the administration of this Act; and to make a related amendment to the Taxation (Reciprocal Powers) Act, 1989.

No. 80 of 1990 ‑ An Act to provide for submission of the Constitution (Electoral Redistribution) Amendment Bill to a referendum.

No. 81 of 1990 ‑ An Act to amend the Senior Secondary Assessment Board of South Australia Act, 1983.

No. 82 of 1990 ‑ An Act to amend the Motor Vehicles Act, 1959.

No. 83 of 1990 ‑ An Act to amend the Boating Act, 1974.

No. 84 of 1990 ‑ 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.

No. 85 of 1990 ‑ An Act to provide for the registration, administration and control of building societies; to repeal the Building Societies Act, 1975; and for other purposes.

No. 86 of 1990 ‑ An Act to construe certain testamentary dispositions in favour of the Adelaide Children's Hospital Incorporated and the Queen Victoria Hospital Incorporated to be in favour of the Adelaide Medical Centre for Women and Children; and for other purposes.

Government House, Adelaide, 12 February 1991                                                R. F. Mitchell, GOVERNOR

 

3          Petitions Nos 81 to 86

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

 

81    Dr Armitage, from 327 residents of South Australia, requesting that the                               House urge the Government to increase the number of Access Cab vouchers available to disabled people.

 

82    Mr Atkinson, from 1482 residents of South Australia, requesting that   the House urge the Government to upgrade urban rail services.

 

83    Mr Becker, from 92 residents of South Australia, requesting that the   House urge the Government to set the blood alcohol concentration limit for fully licensed drivers at 0.05%.

 

84    Mr Lewis, from 325 residents of South Australia, requesting that the House urge the Government to undertake the restoration of the Bowhill Wharf.

 


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85    Mr Matthew, from 149 residents of South Australia, requesting that the House urge the Government not to allow the subdivision of State Transport Authority Land on Commercial Road, Brighton.

 

86    Hon. D.C. Wotton, from 69 residents of South Australia, requesting that the House urge the Government to limit the prohibitions on development in the Mount Lofty Ranges as ordered by the Supplementary Development Plans.

       

4          Answers to questions

Answers to questions on the Notice Paper Nos 98, 240, 264, 265, 282, 288, 289, 291, 292, 294, 295, 298, 303 to 305, 332, 341, 344 to 347, 353 to 355, 358, 360 to 362, 369, 371, 372, 375, 377, 387, 390, 392, 394 to 398,401, 405 to 408, 412 to 414, 417 to 419, 422 to 426, 431 to 435, 436, 438, 439 and 447 and questions without notice were tabled by the Speaker.

 

5          Suspension of Standing Orders

The Treasurer (Hon. J.C. Bannon), without notice, moved ‑ That the Standing Orders be so far suspended as to enable him to make a Ministerial Statement without time limit and allow the Leader of the Opposition to make a statement.

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

 

6          Papers

The following Papers were laid on the Table:

 

By the Treasurer ‑

        South Australian Finance Trust Limited ‑ Report, 1989‑90.

 

By the Minister of Industry, Trade and Technology (Hon. L.M.F. Arnold)

        representing the Minister of Health (Hon. D.J. Hopgood) ‑

        Radiation Protection and Control Act, 1982 ‑ Report on Administration of, 1989‑90.

        Controlled Substances Act, 1984 ‑ Regulations ‑ Uniform Poisons Standard.

        Drugs Act, 1908 ‑ Regulations ‑

                Coniine and Cotarine.

                Uniform Poisons Standard.

        Food Act, 1985 ‑ Regulations ‑

                Bread.

                Fruit Juice Labelling.

        South Australian Health Commission Act, 1976 ‑ Regulations ‑ Entitlement

          Card and Fees.

 

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

        Department of Public and Consumer Affairs ‑ Report, 1989‑90.

        Local and District Criminal Courts Act, 1926 ‑ Rules of Court ‑ Local

          Court ‑ Motor Vehicle Claims.

        Justices Act, 1921 ‑ Rules ‑ Evidence Fees.

        Builders Licensing Act, 1986 ‑ Regulations ‑ Advertisement of

          Applications.

        Commercial and Private Agents Act, 1986 ‑ Regulations ‑ Advertisement of

          Applications.

        Consumer Credit Act, 1972 ‑ Regulations ‑ Advertisement of Applications.

        Corporations (South Australia) Act, 1990 ‑ Regulations ‑ Companies Code.


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        Land Agents, Brokers and Valuers Act, 1973 ‑ Regulations ‑

                Advertisement of Applications.

                Agents Indemnity Fund Payments.

                Small Business Exemption.

        Liquor Licensing Act, 1985 ‑ Regulations ‑ Liquor Consumption ‑

                        Adelaide.

                        Port Adelaide (Amendment).

        Local and District Criminal Courts Act, 1926 ‑ Regulations ‑ Evidence

         Fees.

        Referendum (Electoral Redistribution) Act, 1990 ‑ Regulations ‑

                Referendum.

                Voting Majority.

        Second‑hand Motor Vehicles Act, 1983 ‑ Regulations ‑ Applications for

          Licences.

        Supreme Court Act, 1935 ‑ Regulations ‑ Evidence Fees.

        Travel Agents Act, 1986 ‑ Regulations ‑ Applications for Licences.

        Subordinate Legislation Act, 1978 ‑ Regulations ‑ Exemptions from

          Expiration.

        Summary Offences Act, 1953 ‑ Regulations ‑ Expiation Notice Fees.

 

By the Minister of Transport (Hon. F.T. Blevins) ‑

        Metropolitan Taxi‑Cab Act, 1956 ‑ Regulations ‑ Fees.

        Motor Vehicles Act, 1959 ‑ Regulation ‑ Authorized Agents.

        Road Traffic Act, 1961 ‑ Regulations ‑ Inspection Fees, Footpaths and

          Signs.

 

By the Minister of Finance (Hon. F.T. Blevins) ‑

        Friendly Societies Act, 1919 ‑ Amendment to Rules ‑

                Savings and Loans Friendly Society.

                Friendly Societies Medical Association Incorporated.

                Manchester Unity‑Hibernian Friendly Society.

        Pay‑roll Tax Act, 1971 ‑ General Regulations.

        Public Finance and Audit Act, 1987 ‑ Regulation ‑ Local Government

          Finance Authority.

        Superannuation Act, 1988 ‑ Regulations ‑ Teacher Salary.

By the Minister of Housing and Construction (Hon. M.K. Mayes) ‑

        Architects Act, 1939 ‑ By‑laws ‑ Fees.

 

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

        Art Gallery of South Australia ‑ Report, 1989‑90.

        Botanic Gardens Board ‑ Report, 1989‑90.

        Clean Air Act, 1984 ‑ Regulation ‑ Salisbury Backyard Burning.

        Dog Control Act, 1979 ‑ Regulation ‑ District Council of Jamestown.

        National Parks and Wildlife Act, 1972 ‑ Regulations ‑

                General.

                Hunting Permits.

 

By the Minister of Lands (Hon. S.M. Lenehan) ‑

        Surveyors Act, 1975 ‑ Regulations ‑ Designated Survey Areas.


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By the Minister of Emergency Services (Hon. J.H.C. Klunder) ‑

        Summary Offences Act, 1953 ‑ Regulations ‑ Expiation Notice Fees.

 

By the Minister of Mines and Energy (Hon. J.H.C. Klunder) ‑

        Electrical Products Act, 1988 ‑ Regulations ‑ Labelling.

 

By the Minister of Forests (Hon. J.H.C. Klunder) ‑

        Forestry Act, 1950 ‑ Proclamations ‑

                Mount Brown Forest Reserve.

                Wanilla, Hundred of.

 

By the Minister of Labour (Hon. R.J. Gregory) ‑

        WorkCover Corporation ‑ Report, 1989‑90.

        Industrial Conciliation and Arbitration Act, 1972 ‑ Regulations ‑

          Oaths and Sick Leave.

        Workers Rehabilitation and Compensation Act, 1986 ‑ Regulations ‑

                Building Work and Contractors.

                Employee Exemption.

 

By the Minister of Marine (Hon. R.J. Gregory) ‑

        Boating Act, 1974 ‑ Regulation ‑ Kellidie Bay.

 

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

        Flinders University of South Australia ‑ Report, 1989.

        Public Parks Act, 1943 ‑ Disposal of Parklands ‑ Clare.

        Industrial and Commercial Training Act, 1981 ‑ Regulation ‑

          Amenity Horticulture.

        Corporation By‑laws ‑

                Campbelltown ‑

                        No.  1 ‑ Repeal of By‑laws.

                        No. 14 ‑ Parks and Reserves.

                Glenelg ‑

                        No.  2 ‑ Foreshore.

                        No. 11 ‑ Bees.

                        No. 13 ‑ Tents.

                Tea Tree Gully ‑

                        No. 11 ‑ Repeal of By‑laws.

 

7          Joint Committee on Subordinate Legislation ‑ Report

Mr McKee brought up the First General Report, 1990 of the Joint Committee on Subordinate Legislation.

Report received.

 

8          Joint Committee on Subordinate Legislation ‑ Minutes of Proceedings

Mr McKee, by leave, brought up the Joint Committee on Subordinate Legislation Minutes of Proceedings of 19 December 1990.

Minutes received.

 

9          Joint Committee on Subordinate Legislation ‑ Minutes of Evidence

Mr McKee brought up the Minutes of Evidence given before the Joint       Committee on Subordinate Legislation on the City of Enfield and City of Salisbury ‑ Northfield Supplementary Development Plan.

Minutes received.


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10       Public Works Standing Committee ‑ Reports

The Speaker laid on the Table the following Reports, together with Minutes of Evidence of the Parliamentary Standing Committee on Public Works:

 

RN 3500 Port Augusta ‑ Port Wakefield Road 5km North of Redhill to  Collinsfield.

Report ordered to be printed (Paper No. 183).

 

RN 6726 Panalatinga Road ‑ Main South Road to Wheatsheaf Road.

Report ordered to be printed (Paper No. 182).

 

Windsor Gardens High School (Amalgamation of Strathmont and Gilles Plains  High School).

Report ordered to be printed (Paper No. 181).

 

11       Questions

Questions without notice were asked.

 

12       Limitation of debate

The Minister of Industry, Trade and Technology moved ‑ That the time   allotted for completion of the ‑

        Workers Rehabilitation and Compensation Act Amendment Bill (No. 2);

                Freedom of Information Bill (No. 2); and

                Waterworks Act Amendment Bill,

        be until 6.00 p.m. on Thursday 14 February.

Question put and passed.

 

13       Workers Rehabilitation and Compensation Act Amendment Bill (No. 2)

Order of the Day read for the adjourned debate on the question ‑ That the Workers Rehabilitation and Compensation Act Amendment Bill (No. 2) be now read a second time.

Debate resumed.

 

14       Extension of time for adjournment

The Minister of Labour moved ‑ That the time for moving the adjournment of he House be extended beyond 10.00 p.m.

Question put and passed.

 

15       Workers Rehabilitation and Compensation Act Amendment Bill (No. 2)

Debate (interrupted by the foregoing motion) resumed.

Question put and passed.

 

Bill read a second time.

 

In Committee

 

                                                                    Clauses Nos 1 to 5 agreed to.

                                                                    Clause No. 6 amended and agreed to.

                                                                    Clauses Nos 7 to 12 agreed to.

                                                                    Clause No. 13 read.

Question ‑ That the clause stand as printed ‑ put.


285

Committee 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 Ferguson

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

Hon. N.T. Peterson

Mr Quirke

Hon. M.D. Rann

Hon. J.P. Trainer

Hon. R.J. Gregory (Teller)

 

Noes, 22.

Hon. H. Allison

Dr Armitage

Hon. P.B. Arnold

Mr D.S. Baker

Mr S.J. Baker

Mr Becker

Mr Blacker

Mr Brindal

Hon. J.L. Cashmore

Hon. T. Chapman

Hon. B.C. Eastick

Mr S.G. Evans

Hon. E.R. Goldsworthy

Mr Gunn

Mrs Kotz

Mr Lewis

Mr Matthew

Mr Meier

Mr Oswald

Mr Such

Mr Venning

Mr Ingerson (Teller)

 

 

Casting Vote

The number of Ayes and Noes being equal, the Chairman gave his casting vote for the Ayes.

So it was resolved in the affirmative.

                                                                    Clause No. 14 agreed to.

                                                                    Clause No. 15 read.

Question ‑ That the clause stand as printed ‑ put.

Committee divided (No. 2):

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 Ferguson

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

Hon. N.T. Peterson

Mr Quirke

Hon. M.D. Rann

Hon. J.P. Trainer

Hon. R.J. Gregory (Teller)

 

Noes,22.

Hon. H. Allison

Hon. P.B. Arnold

Mr D.S. Baker

Mr S.J. Baker

Mr Blacker

Mr Brindal

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

Dr Armitage (Teller)

 


286

 

Casting Vote

The number of Ayes and Noes being equal, the Chairman gave his casting vote for the Ayes.

So it was resolved in the affirmative.

                                                    Clauses Nos 16 to 41 agreed to.

                                                    Clause No. 42 amended and agreed to.

                                                    Clauses Nos 43 and 44 agreed to.

                                                    Clause 45 read.

                                                    Clause amended.

Question ‑ That the clause as amended be agreed to ‑ put.

Committee divided (No. 3):

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 Ferguson

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

Hon. N.T. Peterson

Mr Quirke

Hon. M.D. Rann

Hon. J.P. Trainer

Hon. R.J. Gregory (Teller)

 

Noes,22.

Hon. H. Allison

Dr Armitage

Hon. P.B. Arnold

Mr D.S. Baker

Mr S.J. Baker

Mr Becker

Mr Blacker

Mr Brindal

Hon. J.L. Cashmore

Hon. T. Chapman

Hon. B.C. Eastick

Mr S.G. Evans

Mr Gunn

Mrs Kotz

Mr Lewis

Mr Matthew

Mr Meier

Mr Oswald

Mr Such

Mr Venning

Hon. D.C. Wotton

Mr Ingerson (Teller)

 

 

Casting Vote

The number of Ayes and Noes being equal, the Chairman gave his casting vote for the Ayes.

So it was resolved in the affirmative.

                                                    Clause No. 46 agreed to.

                                                    Title agreed to.

___________

 

The House having resumed:

Mr M.J. Evans 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       Adjournment

House adjourned at 11.21 p.m. until tomorrow at 2.00 p.m.

___________


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MOTIONS OF WHICH NOTICE WAS GIVEN

 

        For Wednesday 13 February 1991

Notice of Motion: Government Business‑‑

 

The Minister for Environment and Planning to move ‑ That she have leave to introduce a Bill for an Act to provide incentives and assistance to landowners in relation to the preservation and enhancement of native vegetation; to control the clearance of native vegetation; to repeal the Native Vegetation Management Act 1985; to make consequential amendments to the South Australian Heritage Act 1978; and for other purposes.

 

Notices of Motion: Other Business‑‑

 

Mr D.S. Baker to move ‑ That Standing Orders be so far suspended to enable him to move a motion seeking to have the Government appoint a Royal Commission into the losses of the State Bank Group.

___________

 

Present during the day ‑ All the Members except Hon. D.J. Hopgood.

 

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

 

Division No. 1 ‑

Ayes ‑ Hon. D.J. Hopgood.

Noes ‑ Hon. D.C. Wotton.

 

Division No. 2 ‑

Ayes ‑ Hon. D.J. Hopgood.

Noes ‑ Mr Becker.

 

 

 

 

 

                                                                                                                                                    N.T. Peterson

                                                                                                                                                    SPEAKER

G.D. Mitchell

CLERK OF THE HOUSE OF ASSEMBLY