No 41

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

TUESDAY 8 MARCH 2005

 

 

1       Meeting of House

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

 

2       Papers

         The Speaker laid on the Table the following Paper:

 

Pursuant to Section 131 of the Local Government Act 1999 -

                  Wattle Range Council – Report 2003-2004.

 

         The following Papers were tabled:

 

By the Minister for Environment and Conservation (Hon J D Hill) –

      Dog and Cat Management Board – Report 2003-2004

 

By the Minister for Administrative Services (Hon M J Wright) –

      Occupational Safety, Rehabilitation and Compensation Committee – Minister's response to the Committee’s Report on the Occupational Health, Safety and Welfare (SafeWork SA) Amendment Bill

 

By the Minister for Agriculture, Food and Fisheries (Hon R J McEwen) –

      Adelaide Hills Wine Industry Fund – Report 2003-2004

      Langhorne Creek Wine Industry Fund – Report 2003-2004

      McLaren Vale Wine Industry Fund – Report 2003-2004

      Riverland Wine Industry Fund – Report 2003-2004

 

By the Minister for Consumer Affairs (Hon K A Maywald) –

      Regulations under the following Act –

                  Liquor Licensing – Dry Areas – Millicent.

 

3       Questions

Questions without notice were asked.

 

4       Grievance debate

On motion of the Speaker, the House noted grievances.

 

5       Road Traffic (Excessive Speed) Amendment Bill

The Minister for Transport (Hon P L White), pursuant to notice, moved - That she have leave to introduce a Bill for an Act to amend the Road Traffic Act 1961; and to make related amendments to the Summary Offences Act 1953.

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 Brokenshire, that the debate be adjourned until tomorrow.

 

6       Fire and Emergency Services Bill

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

 

In Committee

Clause No 2 further considered.

 

Hon W A Matthew moved - That progress be reported.

Question put.

 

         Committee divided (No 1):

 

           Ayes, 18

 

           Noes, 23

Mr Brindal

Hon M J Atkinson

Mr Brokenshire

Ms Bedford

Hon D C Brown

Mr Caica

Hon M R Buckby

Hon K O Foley

Ms Chapman

Mrs Geraghty

Hon I F Evans

Mr Hanna

Mr Goldsworthy

Hon J D Hill

Hon G M Gunn

Hon S W Key

Mrs Hall

Mr Koutsantonis

Mr Hamilton-Smith

Hon J D Lomax-Smith

Hon D C Kotz

Hon K A Maywald

Mr Meier

Hon R J McEwen

Mrs Penfold

Mr O'Brien

Mrs Redmond

Ms Rankine

Mr Scalzi

Hon M D Rann

Mr Venning

Mr Rau

Mr Williams

Mr Snelling

Hon W A Matthew (Teller)

Hon L Stevens

 

Ms Thompson

 

Hon J W Weatherill

 

Hon P L White

 

Hon M J Wright

 

Hon P F Conlon (Teller)

 

         So it passed in the negative.

 

Clause No 2 agreed to.

Clause No 3 read.

 

Hon W A Matthew moved on page 9, lines 3 and 4, to delete the definition of associate member and substitute:

appointed member of the Board means a member of the Board appointed by the Governor under section 11(1)(e);

Question – That the amendment be agreed to – put.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

         Committee divided (No 2):

 

           Ayes, 18

 

           Noes, 23

Mr Brindal

Hon M J Atkinson

Mr Brokenshire

Ms Bedford

Hon D C Brown

Mr Caica

Hon M R Buckby

Ms Ciccarello

Ms Chapman

Hon K O Foley

Hon I F Evans

Mrs Geraghty

Mr Goldsworthy

Mr Hanna

Hon G M Gunn

Hon J D Hill

Mrs Hall

Hon S W Key

Mr Hamilton-Smith

Hon J D Lomax-Smith

Hon D C Kotz

Hon K A Maywald

Mr Meier

Hon R J McEwen

Mrs Penfold

Mr O'Brien

Mrs Redmond

Ms Rankine

Mr Scalzi

Hon M D Rann

Mr Venning

Mr Rau

Mr Williams

Mr Snelling

Hon W A Matthew (Teller)

Hon L Stevens

 

Ms Thompson

 

Hon J W Weatherill

 

Hon P L White

 

Hon M J Wright

 

Hon P F Conlon (Teller)

 

         So it passed in the negative.

 

Hon W A Matthew moved on page 11, after line 15, to insert, SACFS Board means the SACFS Board under Part 4 Division 2A ; and on page 11, after line 21, to insert, SASES Board means the SASES Board under Part 5 Division 2A;

Question – That the amendments be agreed to – put.

 

         Committee divided (No 3):

 

           Ayes, 17

 

           Noes, 22

Mr Brindal

Hon M J Atkinson

Mr Brokenshire

Ms Bedford

Hon M R Buckby

Mr Caica

Ms Chapman

Ms Ciccarello

Hon I F Evans

Hon K O Foley

Mr Goldsworthy

Mrs Geraghty

Hon G M Gunn

Hon J D Hill

Mrs Hall

Hon S W Key

Mr Hamilton-Smith

Hon J D Lomax-Smith

Hon D C Kotz

Hon K A Maywald

Mr Meier

Hon R J McEwen

Mrs Penfold

Mr O'Brien

Mrs Redmond

Ms Rankine

Mr Scalzi

Hon M D Rann

Mr Venning

Mr Rau

Mr Williams

Mr Snelling

Hon W A Matthew (Teller)

Hon L Stevens

 

Ms Thompson

 

Hon J W Weatherill

 

Hon P L White

 

Hon M J Wright

 

Hon P F Conlon (Teller)

 

         So it passed in the negative.

 

Clause No 3 otherwise amended and agreed to.

Clauses Nos 4 to 6 agreed to.

Clause No 7 amended and agreed to.

Clauses Nos 8 to 10 agreed to.

Clause No 11 amended and agreed to.

Clauses Nos 12 and 13 amended and agreed to.

Clause No 14 read.

 

Hon W A Matthew moved on page 16, line 30, to delete subclause (2) and substitute:

   (2)        A quorum of the Board consists of:

   (a)        3 of the 4 ex officio members of the Board; and

   (b)        the member of the Board holding office under section 11(1)(f).

Question – That the amendment be agreed to – put.

 

         Committee divided (No 4):

 

           Ayes, 16

 

           Noes, 21

Mr Brindal

Ms Bedford

Mr Brokenshire

Mr Caica

Hon D C Brown

Ms Ciccarello

Ms Chapman

Hon K O Foley

Mr Goldsworthy

Mrs Geraghty

Hon G M Gunn

Hon J D Hill

Mrs Hall

Hon S W Key

Mr Hamilton-Smith

Mr Koutsantonis

Hon D C Kotz

Hon J D Lomax-Smith

Hon I P Lewis

Hon K A Maywald

Mr Meier

Hon R J McEwen

Mrs Penfold

Mr O'Brien

Mr Scalzi

Ms Rankine

Mr Venning

Mr Rau

Mr Williams

Mr Snelling

Hon W A Matthew (Teller)

Hon L Stevens

 

Ms Thompson

 

Hon J W Weatherill

 

Hon P L White

 

Hon M J Wright

 

Hon P F Conlon (Teller)

 

         So it passed in the negative.

 

Hon W A Matthew moved on  page 16, line 31, after "meeting of the Board", to insert; , together with the member of the Board holding office under section 11(1)(f), each ; and on page 16, line 34, after "member of the Board" insert: (other than the member holding office under section 11(1)(f)) : and on page 17, line 7, to delete "ex officio members of the Board" and substitute: members of the Board who are able to vote at meetings of the Board

Question – That the amendments be agreed to – put.

 

         Committee divided (No 5):

 

           Ayes, 18

 

           Noes, 22

Mr Brindal

Hon M J Atkinson

Mr Brokenshire

Ms Bedford

Hon D C Brown

Mr Caica

Ms Chapman

Ms Ciccarello

Hon I F Evans

Hon K O Foley

Mr Goldsworthy

Mrs Geraghty

Hon G M Gunn

Hon J D Hill

Mrs Hall

Hon S W Key

Mr Hamilton-Smith

Mr Koutsantonis

Hon D C Kotz

Hon J D Lomax-Smith

Hon I P Lewis

Hon K A Maywald

Mr Meier

Hon R J McEwen

Mrs Penfold

Mr O'Brien

Mrs Redmond

Ms Rankine

Mr Scalzi

Mr Rau

Mr Venning

Mr Snelling

Mr Williams

Hon L Stevens

Hon W A Matthew (Teller)

Ms Thompson

 

Hon J W Weatherill

 

Hon P L White

 

Hon M J Wright

 

Hon P F Conlon (Teller)

 

         So it passed in the negative.

 

Clause No 14 agreed to.

Clause No 15 amended and agreed to.

Clauses Nos 16 and 17 agreed to.

Clause No 18 read.

 

 

The Minister for Emergency Services moved on page 19, lines 13 and 14, to delete subclause (3) and substitute:

(3)      The Advisory Board consists of the following members appointed by the Minister:

(a) 1 member appointed to be the presiding member of the Advisory Board; and

(b)  1 member appointed on the joint nomination of the Chief Officer of SAMFS and UFU, being a person who is, under the organisational structures of SAMFS, a retained firefighter; and

(c)  2 members appointed on the nomination of the South Australian Volunteers Fire-Brigades Association; and

(d)  2 members appointed on the nomination of S.A.S.E.S. Volunteers' Association Incorporated; and

(e)  1 member appointed on the nomination of the LGA; and

(f)   1 member appointed on the nomination of the UFU.

(3a)    The presiding member must be a person who, in the opinion of the Minister, is independent of the Commission, the emergency services organisations, and the associations that represent the interests of members of the emergency services organisations.

(3b)    A member of the Advisory Board will be appointed on conditions determined by the Minister for a term, not exceeding 3 years, specified in the instrument of appointment and, at the expiration of a term of appointment, is eligible for reappointment.

(3c)    The Minister may remove a member of the Advisory Board from office—

(a) for breach of, or non-compliance with, a condition of appointment; or

(b) for misconduct; or

(c)  for being absent from 4 or more consecutive meetings of the Advisory Board without leave of the Board; or

(d)  for failure or incapacity to carry out official duties satisfactorily.

(3d)    The office of a member of the Advisory Board becomes vacant if the member—

(a) dies; or

(b) completes a term of office and is not reappointed; or

(c) resigns by written notice to the Minister; or

(d) is removed from office under subsection (3c).

(3e)    The Minister may appoint a suitable person to be the deputy of a member of the Advisory Board and that person may, in the absence of that member, act as a member of the Advisory Board.

 

Amendment to amendment

Hon W A Matthew moved to amend the proposed new subclause (3) by deleting new subclause (3)(f)

Question – That the amendment to proposed new subclause (3) be agreed to – put and negatived.

 

Amendment to amendment

Hon G M Gunn moved to amend the proposed new subclause (3)(e), by deleting "1 member" and substitute:

2 members

Question – That the amendment to proposed new subclause(3)(e) be agreed to – put and negatived.

 

Amendment to amendment

Hon G M Gunn moved to amend the proposed new subclause (3), by inserting the following after paragraph (f):

(g) 1 member who is a practising pastoralist and who resides outside local government boundaries; and

(h) 1 member appointed on the nomination of the South Australian Farmers’ Federation Incorporated.

Question – That the amendment to the proposed new subclause (3) be agreed to – put and negatived.

 

Clause No 18, as otherwise amended, agreed to.

Clauses Nos 19 to 67 agreed to.

Clause No 68 amended and agreed to.

Clauses Nos 69 to 82 agreed to.

Clause No 83 read.

 

Hon G M Gunn moved on page 50, lines 36 to 38, page 51, lines 1 to 4, to leave out the definition of responsible authority and substitute:

responsible authority means—

(a)          in relation to land within the area of a council—the council for the area;

(b)          in relation to land outside the area of a council—SACFS,

and, in addition, if SACFS is acting under section 94(2), or the Minister has vested relevant powers or functions of a council in an officer of SACFS under subdivision 7, a reference in this section to the responsible authority will be taken to be a reference to SACFS (in addition to the relevant council), or to that officer (in substitution for the relevant council), as the case requires.

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

 

Clause No 83 agreed to.

Clauses Nos 84 to 93 agreed to.

Clause No 94 amended and agreed to.

Clauses Nos 95 to 115 agreed to.

Clause No 116 amended and agreed to.

Clauses Nos 117 to 140 agreed to.

Clause No 141 amended and agreed to.

Clauses Nos 142 to 148 agreed to.

Clause No 149 amended and agreed to.

Schedules Nos 1 to 5 agreed to.

Schedule No 6 read.

 

Hon G M Gunn moved on page 87, after line 32, to insert:—

Part 7A—Amendment of Native Vegetation Act 1991

10A—Amendment of section 27—Clearance of native vegetation

Section 27(1)—after paragraph (b) insert:

(c)         native vegetation may, without any restriction under this Act, be cleared in order to make or clear a firebreak in the process of controlling or extinguishing a fire.

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

 

Schedule No 6 agreed to.

Title agreed to.

 

____________

 

         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 for Emergency Services (Hon P F Conlon) moved - That this Bill be now read a third time.

Debate ensued.

Question put.

 

 

 

 

 

 

 

 

 

 

House divided (No. 6)

 

           Ayes, 23

           Noes, 17

 

Hon M J Atkinson

Mr Brindal

Ms Bedford

Mr Brokenshire

Mr Caica

Hon D C Brown

Ms Ciccarello

Ms Chapman

Hon K O Foley

Hon I F Evans

Mrs Geraghty

Mr Goldsworthy

Hon J D Hill

Hon G M Gunn

Hon S W Key

Mrs Hall

Mr Koutsantonis

Mr Hamilton-Smith

Hon J D Lomax-Smith

Hon D C Kotz

Hon K A Maywald

Mr Meier

Hon R J McEwen

Mrs Penfold

Mr O'Brien

Mrs Redmond

Ms Rankine

Mr Scalzi

Mr Rau

Mr Venning

Mr Snelling

Mr Williams

Hon L Stevens

Hon W A Matthew (Teller)

Hon R B Such

 

Ms Thompson

 

Hon J W Weatherill

 

Hon P L White

 

Hon M J Wright

 

Hon P F Conlon (Teller)

 

 

         So it was resolved in the affirmative.

 

Bill read a third time.

 

7       Adjournment

The Minister for Infrastructure (Hon P F Conlon), moved – That the House do now adjourn.

Debate ensued.

Question put and passed.

House adjourned at 9.29 pm until tomorrow at 2.00 pm.

 

____________

 

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

            For Wednesday 9 March 2005

 

Notices of Motion: Government Business -

 

The Minister for Transport to move That she have leave to introduce a Bill for an Act to amend the Harbors and Navigation Act 1993, the Motor Vehicles Act 1959 and the Road Traffic Act 1961.

 

The Minister for State/Local Government Relations to move That he have leave to introduce a Bill for an Act to amend the City of Adelaide Act 1998, the Local Government Act 1999 and the Local Government (Elections) Act 1999.

 

 

            For Thursday 10 March 2005

 

Notice of Motion: Other Motions -

 

Ms Chapman to move – That this House recognises International Women's Day 2005 with the acknowledgement of Wendy Abrahams QC in her service to this State as Deputy Director of Public Prosecutions.

 

 

 

            For Thursday 7 April 2005

 

Notice of Motion: Other Motions -

 

Mrs Hall to move – That this House acknowledges the importance of International Women's Day 2005, held on Tuesday 8th March, and notes its significance in

(a)     recognising the achievements of women and their contribution to the community; and

(b)     furthering the objective of improving the status of women throughout the world.

 

 

____________

 

 

Present during the day - All Members except Ms Breuer, Leader of the Opposition (Hon R G Kerin) and Dr McFetridge.

 

 

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

 

         Division No 1 -

               Ayes – The Leader of the Opposition and Dr McFetridge.

               Noes - Ms Breuer and Ms Ciccarello.

 

         Division No 2 -

               Ayes - The Leader of the Opposition and Dr McFetridge.

               Noes - Ms Breuer and Mr Koutsantonis.

 

         Division No 3  -

               Ayes - The Leader of the Opposition, Dr McFetridge and Hon D C Brown.

               Noes - Ms Breuer, Mr Koutsantonis and Mr Hanna.

 

         Division No 4 -

               Ayes - The Leader of the Opposition, Dr McFetridge, Hon M R Buckby and Hon I F Evans.

Noes – The Premier (Hon M D Rann), Attorney-General (Hon M J Atkinson), Ms Breuer and Mr Hanna.

 

         Division No 5 -

               Ayes - The Leader of the Opposition, Dr McFetridge and Hon M R Buckby.

               Noes – The Premier, Ms Breuer and Mr Hanna.

 

         Division No 6 -

               Ayes - The Premier, Ms Breuer and Mr Hanna.

               Noes – The Leader of the Opposition, Dr McFetridge and Hon M R Buckby.

 

 

 

 

 

 

 

                                                                                                                        Peter Lewis

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY