No 38

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

TUESDAY 28 MAY 1996

 

 

1    Meeting of House

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

 

2    Messages from the Governor

     The following Messages from the Governor were received and read:

 

     Bank Merger (BankSA and Advance Bank) Bill 1996 - Recommending      Message No 17

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 Bank Merger (BankSA and Advance Bank) Bill 1996.

     Government House, 28 May 1996                     R F Mitchell, GOVERNOR

 

     Assent to Bills                                         Message No 18

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, viz:-

No 10 of 1996 -  An Act to amend the Legal Practitioners Act 1981.

No 11 of 1996 -  An Act to amend the Travel Agents Act 1986.

No 12 of 1996 -  An Act to amend the Correctional Services Act 1982.

No 13 of 1996 - An Act to amend the National Parks and Wildlife Act 1972 and to make a consequential amendment to the Wilderness Protection Act 1992.

No 14 of 1996 -  An Act to amend the Public and Environmental Health Act 1987.

No 15 of 1996 -  An Act to amend the Racing Act 1976.

No 16 of 1996 -  An Act to provide for the sale of assets of the South Australian Meat Corporation; to amend the South Australian Meat Corporation Act 1936; and for other purposes.

No 17 of 1996 - An Act to provide for the privatisation of the South Australian Timber Corporation; to amend the South Australian Timber Corporation Act 1979; and for other purposes.

No 18 of 1996 - An Act to amend the Stamp Duties Act 1923.

No 19 of 1996 - An Act for the appropriation of money from the Consolidated Account for the financial year ending on 30 June 1997.

No 20 of 1996 - An Act to establish a program to give protection and assistance to certain witnesses and other persons and for other purposes.

No 21 of 1996 - An Act to amend the Workers Rehabilitation and Compensation Act 1986 and the Workers Rehabilitation and Compensation (Dispute Resolution) Amendment Act 1995.

No 22 of 1996 - An Act to amend the Gaming Machines Act 1992.

No 23 of 1996 - An Act to provide for the registration and use of business names; to repeal the Business Names Act 1963; and for other purposes.

No 24 of 1996 - An Act to amend the Civil Aviation (Carriers’ Liability) Act 1962.

No 25 of 1996 - An Act to amend the Education Act 1972.

No 26 of 1996 - An Act to amend the Evidence Act 1929.

No 27 of 1996 - An Act to provide for the expiation of minor offences.

No 28 of 1996 - An Act to amend the Financial Institutions (Application of Laws) Act 1992.

No 29 of 1996 - An Act to amend the Motor Vehicles Act 1959.

No 30 of 1996 - An Act to amend the Motor Vehicles Act 1959 and to make consequential amendments to the Stamp Duties Act 1923.

No 31 of 1996 - An Act to promote the safe construction, maintenance and operation of railways as part of a national approach to rail safety regulation; and for other purposes.

No. 32 of 1996 - An Act to amend the Road Traffic Act 1961.

No 33 of 1996 - An Act to amend the Road Traffic Act 1961.

No 34 of 1996 - An Act to repeal the Expiation of Offences Act 1987, and to amend various other Acts that make provision for the expiation of offences.

No 35 of 1996 - An Act to amend the Summary Procedure Act 1921.

No 36 of 1996 - An Act to amend the Wills Act 1936.

No 37 of 1996 - An Act to provide for the division of land into lots and common property; to provide for the administration of the land by the owners of the lots; and for other purposes.

No 38 of 1996 - An Act to amend the Strata Titles Act 1988 and other Acts as a consequence of the enactment of the Community Titles Act 1996.

     Government House, 28 May 1996                     R F Mitchell, GOVERNOR

 

3    Petitions Nos 92 to 95

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

 

92 The Minister for Tourism (Hon G A Ingerson), from 14 residents of South Australia, requesting that the House urge the Government to ensure that effective legislation is enacted to protect urban trees and/or bushland from destruction.

 

93 The Minister for Emergency Services (Hon W A Matthew), from 847 residents of South Australia, requesting that the House urge the Government to retain the music program at Special Interest Music Schools and present staffing levels.

 

94 Mr Lewis, from 208 residents of South Australia, requesting that the House urge the Government to remove the extra levy on boat registrations implemented for the construction and maintenance of boat ramps.

 

95 Mr Meier, from 6 residents of South Australia, requesting that the House urge the Government to ban the recreational shooting of ducks and quails.

 

4    Answers to questions

Answers to questions without notice were tabled by the Speaker.

 

5    Papers

     The following Papers were tabled:

 

     By the Deputy Premier (Hon S J Baker) -

      Regulations under the following Acts -

        Building Work Contractors - Principle

        Fair Trading - Code of Practice - Prepaid Funerals

        Liquor Licensing - Dry Areas Berri

        Liquor Licensing - Wallaroo

        Native Title (South Australia) - Commencement of Sections

 

     By the Treasurer (Hon S J Baker) -

      Public Corporations Act - Regulations - TransAdelaide -

        Mile End

        St Agnes

 


     By the Minister for Police (Hon S J Baker) -

      Firearms Act - Regulations - Restricted Firearms

 

     By the Minister for Mines and Energy (Hon S J Baker) -

      Mining Act - Regulations - Special Mining Enterprises

 

     By the Minister for Industrial Affairs (Hon G A Ingerson) -

      Occupational Health, Safety and Welfare Act - Regulations - Fees

 

     By the Minister for Industry, Manufacturing, Small Business and Regional Development (Hon J W Olsen) -

      Jam Factory Craft and Design Centre - Report, 1995

      Regulations under the following Acts -

        Harbors and Navigation - Kingscote

        Passenger Transport - Fees

        Passenger Transport - Community Transport Service

        Road Traffic - Exempt Vehicles - Police

      South Australian Ports Corporation - Charter

 

     By the Minister for Health (Hon M H Armitage) -

        Social Development Committee - Eighth Report - Rural Poverty - Response by the Minister for Health

 

     By the Minister for the Environment and Natural Resources (Hon D C Wotton) -

      Coast Protection Board - South Australia - Report, 1994-95

      Environment, Resources and Development Court Act - Regulations - Commonwealth Minister

 

     By the Minister for Employment, Training and Further Education (Hon R B Such) -

      Department for Education and Children’s Services -

        Report, 1994-95

        Children’s Services Division - Report, 1994-95

      Regulations under the following Acts -

        Fees Regulation - Overseas Students - Tertiary Institutions

        Vocational Education, Employment and Training - Empowering Minister to fix Fees.

      Senior Secondary Assessment Board of South Australia - Report, 1995

      Teachers Registration Board of South Australia - Report, 1995

 

     By the Minister for Primary Industries (Hon R G Kerin) -

      Fisheries Act - Regulations -

        Fishery Management Committees

        Recreational Net Fishing Ban

 

     By the Minister for Housing, Urban Development and Local Government Relations (Hon E S Ashenden) -

      Development Act 1993 - Report on Amendment to Development Plan -

        Interim Operation of the District Council of Mount Pleasant General No 2

        Interim Operation of the Rural City of Murray Bridge - Residential  (Deferred Town Centre) Zone

      Regulations under the following Acts -

        Development -

           Approval Exemption

           Private Certifiers Insurance

        Local Government -

           Superannuation Board - Various

           Performance of Councils - Prescribed Criteria.

 

 


6    Papers

     The Speaker laid on the table the following Reports which had been printed and published pursuant to section 17(7) of the Parliamentary Committees Act 1991:

 

Seventeenth Report of the Economic and Finance Committee on the Economic and Financial Aspects of the Operations of the MFP Development Corporation for the year ending 30 June 1995 (Paper No 208).

 

Twentieth Report of the Environment Resources and Development Committee being an Interim Report on the Establishment of Artificial Reefs (Paper No 205).

 

7    Public Works Committee - Twenty-Third and Twenty-Fourth - Reports

Mr Oswald brought up the Twenty-Third Report of the Committee on Wirrina Cove Resort Marina and Public Access Road.

     Report received.

     Ordered to be printed (Paper No 206).

 

Mr Oswald brought up the Twenty-Fourth Report of the Committee on the Queen Elizabeth Hospital Psychiatric Facility.

     Report received.

     Ordered to be printed (Paper No 207).

 

8    Questions

     Questions without notice were asked.

 

9    Grievance debate

     The Speaker proposed - That the House note grievances.

     Debate ensued.

     Question put and passed.

 

10   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 5.

 

11   Bank Merger (BankSA and Advance Bank) 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 22 agreed to.

                        Schedule amended and agreed to.

                        Title agreed to.

____________

 

     The House having resumed:

Hon H Allison 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.

 

12   Postponement of business

Ordered - That Order of the Day: Government Business No. 3 be an Order of the Day for tomorrow.

 

13   Wills (Effect of Termination of Marriage) Amendment Bill

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

Debate resumed.

     Question put and passed.

 

     Bill read a second time.

     Proceeded, by leave, to the third reading.

 

     Bill read a third time and passed.

 

14   Statutes Amendment (Mediation, Arbitration and Referral) 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 No 4 amended and agreed to.

                              Clauses Nos 5 and 6 agreed to.

                              Clause No 7 amended and agreed to.

                              Clauses Nos 8 and 9 agreed to.

                              Clauses Nos 10 and 11 amended and agreed to.

                              Clause No 12 agreed to.

                              Title agreed to.

____________

     The House having resumed:

Hon H Allison 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.

 

15   Competition Policy Reform (South Australia) 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 45 agreed to.

                              Title agreed to.

____________

     The House having resumed:

Hon H Allison reported that the Committee had considered the Bill referred to it and had agreed to the same without amendment.

 

Bill read a third time and passed.

 

17   Adjournment

     The Deputy Premier moved - That the House do now adjourn.

     Debate ensued.

 

 

18   Messages from the Legislative Council

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

 

     De Facto Relationships Bill                             Message No 116

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to facilitate the resolution of property disputes arising from the termination of de facto relationships: and for other purposes, to which it desires he concurrence of the House of Assembly.

     Legislative Council, 28 May 1996                  H P K Dunn, PRESIDENT

 

Bill read a first time.

 

Ordered - That the second reading be an Order of the Day for tomorrow.

 

     Country Fires (Audit Requirements) Amendment Bill       Message No 117

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, title an Act to amend the Country Fires Act 1989, without amendment.

     Legislative Council, 28 May 1996                  H P K Dunn, PRESIDENT

 

19   Adjournment

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

     Question put and passed.

     House adjourned at 5.38 pm until tomorrow at 2.00 pm.

 

 

____________

 

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

     For Wednesday 29 May 1996

        Notice of Motion: Government Business-

 

The Minister for Infrastructure to move - That he have leave to introduce a Bill for an Act to make provision for the operation of a national electricity market and for other purposes.

 

The Minister for Infrastructure to move - That he have leave to introduce a Bill for an Act to amend the Electricity Corporations Act 1994.

 

The Minister for Infrastructure to move - That he have leave to introduce a Bill for an Act to amend the Electricity Corporations Act 1994.

 

The Minister for Housing, Urban Development and Local Government Relations to move - That he have leave to introduce a Bill for an Act to amend the Development Act 1993 and to make related amendments to the Environment Protection Act 1993 and the Statutes Repeal and Amendment (Development) Act 1993.

 

     For Thursday 30 May 1996

        Notices of Motion: Private Members Bills/Committees/Regulations-

 

Mr Becker to move - That the Seventeenth Report of the Economic and Finance Committee on the Economic and Financial Aspects of the Operations of the MFP Development Corporation for the Year Ended 30 June 1995, be noted.

 

Mr Oswald to move - That the Twenty-Third Report of the Public Works Committee on Wirrina Cove Resort Marina and Public Access Road, be noted.

 

Mr Oswald to move - That the Twenty-Fourth Report of the Public Works Committee on the Queen Elizabeth Hospital Psychiatric Facility, be noted.

 

        Notice of Motion: Other Motions-

 

Ms Stevens to move - That this House -

(a) notes that budget cuts have led to a serious crisis in the delivery of medical and hospital services in the South East;

(b) requests the Minister for Health to act immediately to guarantee obstetric services in the South East;

(c) calls on the Minister to indemnify Board Members of the Mount Gambier Hospital against personal liability for budget over-runs at the Mount Gambier Hospital for 1995-96 and not to transfer debt to the new hospital; and

(d) supports the action taken by the Members for Gordon and MacKillop by sponsoring petitions opposing cuts to medical and health services in their electorates.

 

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     Present during the day - All Members.

 

 

 

 

 

                                                      G M Gunn

                                                      SPEAKER

 

G D Mitchell

CLERK OF THE HOUSE OF ASSEMBLY