No 40

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

THURSDAY 8 JULY 1999

 

 

1       Meeting of House

         The House met pursuant to adjournment.  The Speaker (Hon J K G Oswald) took the Chair and                       read prayers.

 

2       Postponement of business

Ordered - That Notices of Motion: Private Members Bills/Committees/Regulations Nos 1 and 2 be postponed until Thursday 29 July.

 

3       Education Act – Regulations – Materials and Service Charges – Motion for disallowance

Ms White, pursuant to notice, moved - That the Regulations made under the Education Act 1972 relating to materials and service charges, made on 25 March 1999 and laid on the Table of this House on 25 March 1999, be disallowed.

         Ordered, on motion of Hon G M Gunn, that the debate be adjourned until Thursday 29 July.

 

4       Postponement of business

Ordered - That Notices of Motion: Private Members Bills/Committees/Regulations Nos 4 to 7 be postponed Thursday 29 July.

 

5       Operation of the Environment Protection Authority and Agency – Referral to Environment Resources and Development Committee - Motion re

Order of the Day read for the adjourned debate on the motion of Mrs Maywald – That the Environment, Resources and Development Committee investigate and report on the functioning and operation of the Environment Protection Authority and the Environment Protection Agency, with particular reference to –

(a)     the adequacy of the current legislation to enable the Agency to achieve its aim;

(b)     the adequacy of the resources provided to the agency;

(c)     the adequacy of the monitoring and policing functions of the Agency;

(d)     alternative interstate and overseas models for the administration of environmental protection legislation; and

(e)     any other relevant matters.

         Debate resumed.

         Question put and passed.

 


6       Racing (SATRA – Constitution and Operations) Amendment Bill

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

Debate resumed.

         Ordered, on motion of Mr Meier, that the debate be further adjourned until Thursday 29 July.

 

7    Suspension of Standing Orders

Mr De Laine, without notice, moved - That Standing Orders be so far suspended as to enable Orders of the Day: Private Members Bills/ Committees/ Regulations No 3 to be 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.

 

8       Technical and Further Education Act – Regulations – Principal – Motion for disallowance

Order of the Day read for the adjourned debate on the motion of Mr Condous – That the Principal regulations under the Technical and Further Education Act 1975, made on 10 Sepember 1998 and laid on the table of this House on 27 October 1998, be disallowed.

         Debate resumed.

         Ordered, on motion of Mr Meier, that the debate be further adjourned until Thursday 29 July.

 

9       Port Stanvac Oil Spill - Motion re

Mr Hill, pursuant to notice, moved - That this House calls on the Government to establish an open and independent inquiry into the circumstances surrounding the discharge of crude oil into the marine environment at Port Stanvac in June 1999 and establish terms of reference for the inquiry to report publicly on

(a)     the actions of the Minister for the Environment and Heritage and the Minister for Transport and the agencies for which they have responsibility;

(b)     the actions of Mobil and any other companies involved in the incident;

(c)     the monitoring systems of both the Government and the companies involved in the movement and storage of petroleum products at Port Stanvac;

(d)     recommendations regarding changes to legislation and/or procedures to prevent future oil discharges; and

(e)     the equipment and procedures used in transferring and storing petroleum products from ship to shore at Port Stanvac.

         Ordered, on motion of Mr Meier, that the debate be adjourned until Thursday 29 July.

 

10      Postponement of business

Ordered - That Orders of the Day: Other Motions Nos 1 and 2 be postponed until Thursday 29 July.

 


11      Federal Assistance for Northeast Farmers - Motion re

Order of the Day read for the adjourned debate on the motion of Ms Hurley - That this House notes the considerable hardship suffered by farmers in the northeast of this State due to the exceptional circumstances, including drought and insect plague, and the refusal by the Federal Government to grant assistance to these farmers while it has assisted farmers suffering similar hardship in the adjoining areas of New South Wales and calls on the State Government to more actively lobby its Federal colleagues to support the northeast farmers in their applications for financial assistance.

Debate resumed.

Hon G M Gunn moved to amend the motion by leaving out all words after “New South Wales and” and inserting in lieu thereof the words “supports the State Government in its current efforts working with the local community to support the northeast farmers in their applications for exceptional circumstances”.

Debate continued.

Question – That the amendment be agreed to – put and passed.

Question – That the motion, as amended, be agreed to – put and passed.

 

12      Suspension and resumption of sitting

         At 12.43 pm the sitting of the House was suspended.

         At 2.00 pm the Speaker resumed the Chair.

 

13      Messages from the Governor’s Deputy

         The following Messages from the Governor’s Deputy were received and read:

 

         Assent to Bills                                                                                         Message No 14

The Governor’s Deputy 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 30 of 1999 –      An Act to amend the Explosives Act 1936

No 31 of 1999 -       An Act to amend the Barley Marketing Act 1993

No 32 of 1999 -       An Act to provide for transfers of business between authorised deposit-taking institutions and between life insurance companies; and for other purposes

No 33 of 1999 -       An Act to facilitate the transfer to the Commonwealth of responsibility for regulating building societies, credit unions and friendly societies as companies under the Corporations Law; to repeal the Financial Institutions (Application of Laws) Act 1992 and the Friendly Societies (South Australia) Act 1997; to amend the South Australian Office of Financial Supervision Act 1992 and provide for the winding up of SAOFS and the expiry of the Act; to amend the Act Interpretation Act 1915 and certain other Acts; to provide for transitional matters; and for other purposes

No34 of 1999 -        An Act to amend the Road Traffic Act 1961 and to repeal the Commercial Motor Vehicles (Hours of Driving) Act 1973

No 35 of 1999 -       An Act to amend the Mutual Recognition (South Australia) Act 1993

         Government House, 8 July 1999                                   Basil Hetzel, GOVERNOR’S DEPUTY

 

 

      New Tax System Price Exploitation Code (South Australia) Bill - Recommending

      Message No 15

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 New Tax System Price Exploitation Code (South Australia) Bill 1999.

         Government House, 8 July 1999                                   Basil Hetzel, GOVERNOR’S DEPUTY

 

14      Petition No 65

         The Clerk announced that the following Member had lodged a Petition for presentation:

 

65   The Minister for Education, Children’s Services and Training (Hon M R Buckby), from 30 residents of South Australia, requesting that the House urge the Government to increase prison sentences for persons convicted of robbery with violence of residential property.

 

15      Economic and Finance Committee  – Report – Ngarkat Conservation Park Fire

Hon G M Gunn brought up the Twenty-Eighth Report of the Committee on the Ngarkat Conservation Park Fire.

Report received.

Ordered to be published (Paper No 214).

 

16      Public Works Committee – Report – Noarlunga Health Services – Emergency Services Redevelopment

Mr Lewis brought up the One Hundred and First Report of the Committee on the Noarlunga Health Services – Emergency Services Redevelopment.

Report received.

Ordered to be published (Paper No 217).

 

17      Questions

         Questions without notice were asked.

 

18      Grievance debate

         The Speaker proposed - That the House note grievances.

         Debate ensued.

         Question put and passed.

 

19      Next day of sitting

The Deputy Premier (Hon R G Kerin) moved - That the House at its rising adjourn until Tuesday 27 July at 2.00 pm.

         Question put and passed.

 

20      Cyprus Reunification - Motion re

The Premier (Hon J W Olsen), pursuant to notice, moved - That this House –

(a) reaffirms its support to the Cypriot Community of South Australia, and indeed the world, in its resolve to seek and obtain the reunification of Cyprus as the 25th anniversary of the occupation of Cyprus nears;

(b)  reaffirms its commitment to a peaceful solution to the division of Cyprus; and

(c)  supports calls by the United Nations for fundamental new ways of developing a single Federal Constitution and recognises the government of the Republic of Cyprus as the legitimate authority on the island.

         Debate ensued.

         Question put and passed.


 

21      Fisheries (Gulf St. Vincent Prawn Fishery Rationalization)(Charges on Licences) Amendment Bill

The Minister for Primary Industries, Natural Resources and Regional Development (Hon R G Kerin), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to to amend the Fisheries (Gulf St. Vincent Prawn Fishery Rationalization) Act 1987.

 

         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 Tuesday 27 July.

 

22      Mining (Private Mines) Amendment Bill

The Minister for Primary Industries, Natural Resources and Regional Development pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Mining Act 1971 and to make related amendments to the Development Act 1993.

 

         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 Tuesday 27 July.

 

23      Messages from the Legislative Council

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

 

         Statutes Amendment and Repeal (Justice Portfolio) Bill                        Message No 71

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Administration and Probate Act 1919, the Bail Act 1985, the Children’s Protection Act 1993; the Correctional Services Act 1982, the Crimes at Sea Act 1998, the Criminal Law (Sentencing) Act 1988, the District Court Act 1991, the Magistrates Court Act 1991, the Statutes Amendment (Fine Enforcement) Act 1998, the Summary Offences Act 1953, the Summary Procedure Act 1921, the Young Offenders Act 1993 and the Youth Court Act 1993; and to repeal the Appeal Costs Fund Act 1979, to which it desires the concurrence of the House of Assembly.

         Legislative Council, 7 July                                                              J C Irwin, PRESIDENT

 

         Bill read a first time.

 

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

         Ordered, on motion of Ms Hurley, that the debate be adjourned until Tuesday 27 July.

 

         Residential Tenancies (Miscellaneous) Amendment Bill                        Message No 72

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Residential Tenancies Act 1995 and to make related amendments to the Landlord and Tenant Act 1936 and the Retail and Commercial Leases Act 1995, to which it desires the concurrence of the House of Assembly.

         Legislative Council, 7 July 1999                                                      J C Irwin, PRESIDENT

 

         Bill read a first time.

 

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

         Ordered, on motion of Ms Hurley, that the debate be adjourned until Tuesday 27 July.

 


         Road Traffic (Road Rules) Amendment Bill                                            Message No 73

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Road Traffic Act 1961; and to make related amendments to the City of Adelaide Act 1998, the Local Government Act 1934 and the Motor Vehicles Act 1959, to which it desires the concurrence of the House of Assembly.

         Legislative Council, 7 July 1999                                                      J C Irwin, PRESIDENT

 

         Bill read a first time.

 

The Minister for Human Services (Hon D C Brown) moved - That this Bill be now read a second time.

         Ordered, on motion of Ms Hurley, that the debate be adjourned until Tuesday 27 July.

 

         Motor Vehicles (Miscellaneous) Amendment Bill                                    Message No 74

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Motor Vehicles Act 1959 and to make related amendments to the Expiation of Offences Act 1996 and the Road Traffic Act 1961, to which it desires the concurrence of the House of Assembly.

         Legislative Council, 7 July 1999                                                      J C Irwin, PRESIDENT

 

         Bill read a first time.

 

         The Minister for Human Services moved - That this Bill be now read a second time.

         Ordered, on motion of Ms Hurley, that the debate be adjourned until Tuesday 27 July.

 

 

         Australia Acts (Request) Bill                                                                    Message No 75

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to request the amendment of the Australia Acts 1986 in connection with the proposed constitutional arrangements to establish the Commonwealth of Australia as a republic, to which it desires the concurrence of the House of Assembly.

         Legislative Council, 7 July 1999                                                      J C Irwin, PRESIDENT

 

         Bill read a first time.

 

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

         Ordered, on motion of Ms Hurley, that the debate be adjourned until Tuesday 27 July.

 

24      Extension of time for adjournment

The Deputy Premier moved - That the time for moving the adjournment of the House be extended beyond 5.00 pm.

Question put and passed.

 

25      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.

 


26      Offshore Minerals 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.

 

27      Adjournment

         House adjourned at 5.08 pm until Tuesday 27 July at 2.00 pm.

 

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MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

         For Wednesday 28 July

Notices of Motion: Standing Committee Reports -  

 

Hon G M Gunn to move – That the Twenty-Eighth Report of the Economic and Finance Committee on the Ngarkat Conservation Park Fire be noted.

 

Mr Lewis to move – That the One Hundred and First Report of the Public Works Committee on the Noarlunga Health Services – Emergency Services Redevelopment be noted.

 

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         Present during the day - All Members except Hon J L Hall.

 

 

 

 

 

                                                                                                            J K G Oswald

                                                                                                            SPEAKER

 

G D Mitchell

CLERK OF THE HOUSE OF ASSEMBLY