No 41

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

MONDAY 29 MARCH 2004

 

 

1       Meeting of House

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

 

2       Answers to questions

Answers to questions on the Notice Paper Nos 220, 239, 246 and 249 and questions without notice were tabled by the Speaker.

 

3       Speaker's Ruling

The Speaker advised the House that before 1.00 pm today he had received from the Member for Bright a letter proposing that a matter of urgency be discussed.  As the Speaker was predisposed with other business, the earliest practicable time he could provide a Minister with a copy of the matter was at the time of the commencement of the sitting.  The Speaker deferred its consideration until after question time to allow Members adequate time to consider the proposed matter and indicted he would accept a motion to suspend Standing Orders to enable the matter to proceed after Questions.

 

4       Questions

Questions without notice were asked.

 

5       Suspension of Standing Orders

Hon W A Matthew, without notice, moved - That Standing Order No 52 be so far suspended as to enable him to propose a matter of urgency for discussion forthwith and for the matter to stand withdrawn after the expiration of one hour.

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

 

         Matter of Urgency

The Speaker re-stated that he had received from the Member for Bright (Hon W A Matthew) a letter proposing that the following matter of urgency be discussed -

“That this House condemns the South Australian Government for putting $64 million of taxpayers money into national and multi national gas companies, to hide the Government’s bungling of the introduction of open gas pricing.”

The Speaker thereupon called upon those Members who supported the proposed matter to rise in their places; and more than the necessary number of Members having risen accordingly:

Debate ensued.

Matter withdrawn.

 

6       Grievance debate

On motion of the Speaker, the House noted grievances.

 

 

 

 

7       Primary Produce (Food Safety Schemes) Bill

The Minister for Agriculture, Food and Fisheries (Hon R J McEwen), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to provide for food safety matters relating to the production of primary produce; to repeal the Dairy Industry Act 1992 and the Meat Hygeine Act 1994; to amend the Prevention of Cruelty to Animals Act 1985; 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 Hamilton-Smith, that the debate be adjourned until tomorrow.

 

8       Messages from the Legislative Council

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

 

         Genetically Modified Crops Management Bill                                        Message No 47

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to provide for the designation of areas of the State for the purposes of preserving for marketing purposes the identity of certain food crops according to whether they are genetically modified crops or non-genetically modified crops; to provide for the segregation of genetically modified food crops and their products in appropriate cases; to provide for associated regulatory powers; to provide certain protections with respect to the spread of genetically modified plant material; and for other purposes, to which it desires the concurrence of the House of Assembly.

         Legislative Council, 25 March 2004                                                 R R Roberts, PRESIDENT

 

         Bill read a first time.

 

The Minister for Agriculture, Food and Fisheries moved - That this Bill be now read a second time.

 

         Suspension of Standing Orders

The Minister for Agriculture, Food and Fisheries, without notice, moved - That Standing Orders be so far suspended as to enable the Bill to pass through all stages without delay.

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

 

         Ordered, on motion of Hon D C Kotz, that the second reading debate be adjourned and resumed on motion.

 

         Public Finance and Audit (Honesty and Accountability in Government) Amendment Bill                                                 Message No 48

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Public Finance and Audit Act 1987, with the amendments indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

         Legislative Council, 29 March 2004                                                 R R Roberts, PRESIDENT

 

Schedule of amendments made by the Legislative Council

 

No. 1.  Page 5, line 13 (clause 6) - Leave out "14" and insert:

10

 

No. 2.  Page 5 (clause 6) - After line 21 insert the following:

              (ba)    information relating to any situation where assumptions made by the Under-Treasurer conflict with a decision made by the Cabinet or the Treasurer and communicated to the Under-Treasurer;

 

              (baa)  in relation to the assumptions about public sector wage settlement costs for the current financial year and the following three financial years—information about any differences between the assumptions used and those already agreed by the Cabinet and the reasons for those differences;

 

              (bb)    a full reconciliation of any differences between the estimates in the report and the estimates that appeared in the last State budget or Mid-Year Budget Review (whichever is the more recent), and an explanation as to those differences;

 

No. 3.  Page 6, line 17 (clause 6) - Leave out "seven" and insert:

5

 

No. 4.  Page 6 (clause 6) - After line 20 insert the following:

                    (9)       The Under‑Treasurer must, on the day immediately following the release of a pre-election update report under this section, make himself or herself available to meet for a period of up to two hours, at a mutually agreed time and place, with each of the following persons in order to discuss, and answer questions in relation to, the report:

 

                              (a)    the Treasurer;

                              (b)    a person who is, or who immediately before the issue of the writs was, a Member of Parliament, nominated by the Leader of the Opposition.

 

         J M Davis CLERK OF THE LEGISLATIVE COUNCIL

 

Ordered - That the amendments be taken into consideration on motion.

 

         Motor Vehicles (Suspension of Licences of Medically Unfit Drivers) Amendment Bill

                                                                                                                        Message No 49

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Motor Vehicles Act 1959, without any amendment.

         Legislative Council, 29 March 2004                                                 R R Roberts, PRESIDENT

 

9       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.

 

10      Paper

         The following Paper was tabled:

 

By the Minister for Environment and Conservation (Hon J D Hill), representing the Minister for Correctional Services (Hon T G Roberts) –

                     Ministerial Statement – Fire at Adelaide Women’s Prison.

 

11      Natural Resources Management 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

Clause No 1 agreed to.

Clause No 2 read.

 

         To report progress and ask leave to sit again.

 

____________

 

         The House having resumed:

Hon R B Such reported that the Committee had considered the Bill referred to it, had made progress therein and asked leave to sit again.

Ordered - That the Committee have leave to sit again tomorrow.

 

12      Genetically Modified Crops Management Bill

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

Debate resumed.

 

13      Extension of time for adjournment

Ordered, on motion of the Minister for Agriculture, Food and Fisheries - That the time for moving the adjournment of the House be extended beyond 10.00 pm.

 

14      Genetically Modified Crops Management Bill

         Debate (interrupted by the foregoing) resumed.

Question put and passed.

 

         Bill read a second time.

 

In Committee

Clause No 1 read.

 

Mr Hanna moved on page 3, line 3, delete “Management” and substitute –

Prohibition

Question – That the amendment be agreed to – put.

 

         Division, only one Aye

The Committee proceeded to a division, but only one Member appearing on the side of the Ayes, the Chairman declared the Noes had it.

So it was passed in the negative.

 

Clause No 1 agreed to.

Clause No 2 agreed to.

Clause No 3 read.

 

Mr Hanna moved on page 3, line 25, to delete the definition of designated area and substitute –

designated area means –

(a)     the area designated by section 4A; or

(b)     an area designated by regulation under section 5;

 

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

 

Clause No 3 agreed to.

Clauses Nos 4 and 5 agreed to.

Clause No 6 read.

 

Mr Hanna moved on page 7, lines 13 and 14, to delete –

subparagraph (ii)

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

 

Mr Hanna moved on page 7, after line 14 to insert:

(ab) the Minister has –

(i)         by notice issued in accordance with the regulations, informed the occupiers of land within the surrounding area that the conferral of an exemption has been under consideration; and

(ii)        allowed any occupier of land within the surrounding area to make representations in writing to the Minister over a period of at least 6 weeks specified in the notice; and

(iii)      given consideration to any representations received under subparagraph (ii); and

 

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

 

Clause No 6 otherwise amended and agreed to.

Clauses Nos 7 and 8 agreed to.

Clause No 9 read.

 

Mr Hanna moved on page 8, line 10 to delete –

“between 9 and”

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

 

Mr Hanna moved on page 8, after line 33, to insert:

(i)          1 must be a person nominated by the Minister who is, in the opinion of the Minister, an appropriate person to act as a consumer representative;

(j)     1 must be a person nominated by the Minister who has, in the opinion of the Minister, appropriate experience in the field of health and environmental science.

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

 

Clause No 9 agreed to.

Clauses Nos 10 to 26 agreed to.

 

Mr Hanna moved on page 15, after line 5 to insert a new clause as follows-

26A—Public liability insurance

A person must not—

     (a)     cultivate a genetically modified food crop within a designated area; or

     (b)     sell a genetically modified food crop cultivated within a designated area,

unless there is in force a policy of public liability insurance indemnifying the person in an amount of at least $20 000 000 in relation to economic loss that may be suffered by another person on account of the cultivation or sale of the crop.

Maximum penalty: $20 000.

Question – That new clause No 26A be inserted – put.

 

         Division, only one Aye

The Committee proceeded to a division, but only one Member appearing on the side of the Ayes, the Chairman declared the Noes had it.

So it was passed in the negative.

 

Clauses Nos 27 to 29 agreed to.

Schedule read.

 

Mr Williams moved on page 16, line 37, after "regulation" to insert:

that applies in relation to Kangaroo Island (and no other part of the State) and

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

Schedule agreed to.

Title agreed to.

 

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         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.

 

The Minister moved – That this Bill be now read a third time.

Debate ensued.

Question put and passed.

 

 

15      Adjournment

House adjourned at 11.57 pm until tomorrow at 2.00 pm.

 

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MOTION OF WHICH NOTICE WAS GIVEN

 

 

            For Wednesday 31 March 2004

 

Notice of Motion:  Private Members Business/ Bills/ Committees/ Regulations -

 

Hon R B Such to move – That he have leave to introduce a Bill for an Act to encourage the rehabilitation of offenders by providing that certain convictions will become spent on completion of a period of crime-free behavior; and for other purposes.

 

 

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Present during the day - All Members except the Minister for Infrastructure (Hon P F Conlon).

 

 

 

 

 

                                                                                                                        Peter Lewis

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY