No 38

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

WEDNESDAY 28 MAY 1997

 

 

1       Meeting of House

         The House met pursuant to adjournment.  The Speaker (Hon G M Gunn) 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 19

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. 5 of 1997 - An Act to amend the Land Acquisition Act 1969

No. 6 of 1997 - An Act to regulate matters relating to livestock; to repeal the Apiaries Act 1931, the Branding of Pigs Act 1964, the Brands Act 1933, the Cattle Compensation Act 1939, the Deer Keepers Act 1987, the Foot and Mouth Disease Eradication Fund Act 1958, the Stock Act 1990 and the Swine Compensation Act 1936; and for other purposes.

No. 7 of 1997 - An Act to amend the Police Superannuation Act 1990.

No. 8 of 1997 - An Act to provide for the preservation and management of official records; to amend the Libraries Act 1982, the Freedom of Information Act 1991 and the Local Government Act 1934; and for other purposes.

No. 9 of 1997 - An Act to amend the Superannuation Act 1988.

No. 10 of 1997 - An Act to amend the Criminal Law Consolidation Act 1936.

No. 11 of 1997 -An Act to amend the Environment Protection Act 1993.

No. 12 of 1997 - An Act to amend the Goods Securities Act 1986.

No. 13 of 1997 - An Act to amend the Legal Practitioners Act 1981.

No. 14 of 1997 - An Act to amend the Local Government Act 1934.

No. 15 of 1997 - An Act to all Netherby Kindergarten to remain on land owned by the University of Adelaide that is subject to the terms of the Peter Waite Trust for the Establishment of a public park or garden; and for related purposes.

No. 16 of 1997 - An Act to amend the Public Finance and Audit Act 1987.

No. 17 of 1997 - An Act to amend the Racing Act 1976.

No. 18 of 1997 - An Act to vary the terms of the trust of the RSL Memorial Hall; and to repeal the Services Memorial Hall Act 1939.

No. 19 of 1997 - An Act to provide a means of discharging or replacing charitable trusts affecting property held by or for the purposes of the St. John Ambulance; to provide for the disposition of property; and for other purposes.

No.20 of 1997 - An Act to amend the Stamp Duties Act 1923.

No.21 of 1997 - An Act for the appropriation of money from the Consolidated Account for the financial year ending on 30 June 1998.

No.23 of 1997 - An Act to authorise an agreement between the South Australian and the Northern Territory governments for the construction of a railway between Alice Springs and Darwin; and for other purposes.

No.24 of 1997 - 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.

No.25 of 1997 - An Act to amend the Judges’ Pensions 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.

No.26 of 1997 - An Act to regulate the sale, packing, 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 Products Control Act 1986 and the Tobacco Products (Licensing) Act 1986; and for other purposes.

No.27 of 1997 - An Act to provide for the management of the State’s water resources; to repeal the Catchment Water Management Act 1995, the Water Resources Act 1990 and other Acts; and for other purposes.

         Government House, 28 May 1997                                                   E J Neal, GOVERNOR

 

3       Petitions Nos 53 to 54

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

 

53   Mr Andrew, from 53 residents of South Australia, requesting that the House urge the Government to allow licensed clubs to sell liquor to a club member for consumption off the premises.

 

54   Mrs Rosenberg, from 360 residents of South Australia requesting that the House note their support of the proposed Adelaide to Darwin rail link.

 

4       Joint Committee on Living Resources - Final Report

The Minister for the Environment and Natural Resources (Hon D C Wotton) brought up the Final Report of the Joint Committee on Living Resources.

         Report received.

 

         Ordered to be printed (Paper No 215)

 

5       Legislative Review Committee - Seventeenth Report

Mr Cummins brought up the Seventeenth Report of the Committee.

         Report received.

 

6       Questions

         Questions without notice were asked.

 

7       Grievance debate

         The Speaker proposed - That the House note grievances.

         Debate ensued.

         Question put and passed.

 

8       Paper

         The following Paper was tabled:

 

By the Treasurer (Hon S J Baker) -

Ministerial Statement by the Attorney-General - Native Title

 


9       Aboriginal Children - Motion re

The Minister for Aboriginal Affairs (Hon D C Brown), pursuant to notice, moved - That the South Australian Parliament expresses its deep and sincere regret through the forced separation of some Aboriginal children from their families and homes which occurred prior to 1964, apologises to these Aboriginal people for these past actions and reaffirms its support for reconciliation between all Australians.

Debate ensued.

Question put and passed.

 

10      National Wine Centre Bill

The Premier (Hon J W Olsen), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to establish the National Wine Centre; and for other purposes.

Question put and passed.

 

         Bill presented and read a first time.

         The Premier moved - That this Bill be now read a second time.

         Ordered, on motion of Mr Clarke, that the debate be adjourned until tomorrow.

 

11      Enfield General Cemetery (Administration of West Terrance Cemetery) Amendment Bill

The Minister for Housing and Urban Development (Hon S J Baker), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Enfield General Cemetery Act 1944.

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 Ms Hurley, that the debate be adjourned until tomorrow.

 

12      ASER (Restructure) Bill

The Treasurer, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to provide for restructuring the ASER property holdings 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 Mr Clarke, that the debate be adjourned until tomorrow.

 

13      Tobacco Products Regulation (Miscellaneous) Amendment Bill

The Treasurer, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Tobacco Products Regulation Act 1997.

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 Mr Clarke, that the debate be adjourned and resumed on motion.

 

14      Electricity (Vegetation Clearance) Amendment Bill

The Minister for Energy (Hon S J Baker), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Electricity Act 1996.

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 Ms Hurley, that the debate be adjourned until tomorrow.

 


15      Construction Industry Long Service Leave (Transitional Provisions) Amendment Bill

The Minister for Industrial Affairs (Hon D C Brown), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Construction Industry Long Service Leave Act 1987.

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 Mr Clarke, that the debate be adjourned until tomorrow.

 

16      Industrial and Employee Relations (Harmonisation) Amendment Bill

The Minister for Industrial Affairs, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Industrial and Employee Relations Act 1994.

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 Mr Clarke, that the debate be adjourned until tomorrow.

 

17      Statutes Amendment (Water Resources) Bill

The Minister for the Environment and Natural Resources, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Environment Protection Act 1993 and other Acts as a consequence of the enactment of the Water Resources Act 1997; 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 Ms Hurley, that the debate be adjourned and resumed on motion.

 

18      Long Service Leave (Miscellaneous) Amendment Bill

         Order of the Day read for the further consideration in Committee of this Bill.

 

In Committee

                                                Clauses Nos 1 and 2 agreed to.

                                                Clause No 3 read.

Mr Clarke moved on page 2, lines 3 to 5, to leave out all the words in these lines.

Question - That the amendment be agreed to - put.


         Committee divided (No 1):

 


                       Ayes, 9

 

Mr Atkinson

Hon F T Blevins

Mr De Laine

Mr Foley

Mrs Geraghty

Ms Hurley

Mr Quirke

Hon M D Rann

Mr Clarke (Teller)


        Noes, 33

 

Mr Andrew

Hon M H Armitage

Hon E S Ashenden

Mr D S Baker

Hon S J Baker

Mr Bass

Mr Becker

Mr Brindal

Mr Brokenshire

Mr Buckby

Mr Caudell

Mr Condous

Mr Cummins

Mr Evans

Mrs Greig

Hon G M Gunn

Mrs Hall

Hon R G Kerin

Mrs Kotz

Mr Leggett

Mr Lewis

Hon W A Matthew

Mr Meier

Mr Oswald

Mrs Penfold

Mrs Rosenberg

Mr Rossi

Mr Scalzi

Hon R B Such

Mr Venning

Mr Wade

Hon D C Wotton

Hon D C Brown (Teller)


 

         So it passed in the negative.

                                                Clause agreed to.

                                                Clauses Nos 4 and 5 agreed to.

                                                Clause No 6 read.

Mr Clarke moved on page 2, lines 30 to 37 and page 3, lines 1 to 4, to leave out subsections (4) and (5) and all words in the remaining lines of the clause and insert the following subsection:

(4a) A worker who has accrued an entitlement to long service leave is entitled to take such leave (in periods of a least two weeks) on giving the employer not less than 60 days notice of the date from which and the period for which the leave is to be taken subject, however, to any determination that may be made by the Industrial Relations Commission, on the application of the employer, having regard to the provisions of subsections (1) and (2).

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

                                                Clause agreed to.

                                                Clauses Nos 7 to 13 agreed to.

                                                Title agreed to.

____________

 

         The House having resumed:

Mr Bass 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.

 


19      Suspension of Standing Orders

The Deputy Premier, without notice, moved - That Standing Orders be so far suspended as to enable the Tobacco Products Regulation (Miscellaneous) Amendment Bill and the Statutes Amendment (Water Resources) Bill to pass through their remaining stages without delay.

Debate ensued.

Question put.

 

         House divided (No 2)

 


                Ayes, 30

 

Hon H Allison

Mr Andrew

Hon M H Armitage

Mr Bass

Mr Becker

Mr Brindal

Mr Brokenshire

Hon D C Brown

Mr Buckby

Mr Caudell

Mr Condous

Mr Cummins

Mrs Hall

Hon G A Ingerson

Hon R G Kerin

Mrs Kotz

Mr Leggett

Mr Lewis

Hon W A Matthew

Mr Meier

Hon J W Olsen

Mr Oswald

Mrs Penfold

Mr Rossi

Mr Scalzi

Hon R B Such

Mr Venning

Mr Wade

Hon D C Wotton

Hon S J Baker (Teller)


        Noes, 7

 

Hon F T Blevins

Mr De Laine

Mr Foley

Ms Hurley

Hon M D Rann

Ms Stevens

Mr Clarke (Teller)


 

         So it was resolved in the affirmative.

 

20      Tobacco Products Regulation (Miscellaneous) Amendment Bill

Ordered - That the adjourned debate on the question - That this Bill be now read a second time - be now resumed.

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      Postponement of business

Ordered - That Order of the Day: Government Business No 2 be postponed and taken into consideration after Order of the Day: Government Business No 3.

 

22      Discharge of business - Electricity (Vegetation Clearance) Amendment Bill

Order of the Day: Government Business No 3 read.

Ordered - That this Order of the Day be discharged.

 


23      Statutes Amendment (Water Resources) Bill

Ordered -That the adjourned debate on the question - That this Bill be now read a second time - be now resumed.

Debate resumed.

         Question put and passed.

 

         Bill read a second time.

 

In Committee

                                                Clauses Nos 1 to 33 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.

 

24      Adjournment

         The Minister for the Environment and Natural Resources moved - That the House do now adjourn.

         Debate ensued.

         Question put and passed.

         House adjourned at 8.44 pm until tomorrow at 10.30 am.

 

____________

 

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

               For Thursday 29 May 1997

 

Notice of Motion: Government Business -

 

The Minister for the Environment and Natural Resources to move - That the Final Report of the Joint Committee on Living Resources, be noted.

 

         Notice of Motion: Other Motions -

 

Mr Andrew to move - That in the interests of long term rail jobs and a strong viable future for rail in South Australia, this House notes the support for the sale of Australian National from Rail 2000, Trades and Labour Council, Port Augusta, Corporation of the City of Port Augusta, Spencer Regions Development Association, Northern Regional Development Board, SA Farmers Federation, Australian Barley Board, Australian Wheat Board, Senator Bob Collins and Australian National.

 

 

____________

 

 


         Present during the day - All Members.

 

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

 

         Division No 1 -

               Ayes - Ms Stevens

               Noes - Hon J W Olsen

 

 

 

 

 

                                                                                                            G M Gunn

                                                                                                            SPEAKER

 

G D Mitchell

CLERK OF THE HOUSE OF ASSEMBLY