No 42

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

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WEDNESDAY 9 MARCH 2005

 

 

1 Meeting of House

The House met pursuant to adjournment.

 

2 Absence of Speaker

The Clerk informed the House of the absence of the Speaker.

Hon R B Such (Chairman of Committees) took the chair as Deputy Speaker.

 

3 Prayers

The Deputy Speaker read prayers.

 

4 Petition No. 54

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

 

54 The Minister for Environment and Conservation (Hon J D Hill), from 472 residents of South Australia, requesting the House to urge the Government to work with the Federal Government, City of Onkaparinga and the Onkaparinga Catchment Water Management Board to develop and implement an action plan to restore the Onkaparinga Estuary.

 

5 Questions

Questions without notice were asked.

Ordered on motion of the Treasurer (Hon K O Foley) - That the period for asking questions without notice be extended by 2 minutes.

Questions without notice resumed.

 

6 Grievance debate

On motion of the Speaker, the House noted grievances.

 

7 Economic and Finance Committee - Report Annual Report 2003-04 - Motion to note

Ms Thompson, pursuant to notice, moved - That the Fifty First Report of the Economic and Finance Committee on the Annual Report 2003-04 be noted.

Debated ensued.

Question put and passed.

 

8 Postponement of business

Ordered, separately and severally - That Notices of Motion: Private Members Bills/Committees/Regulations Nos 2 to 4 be postponed until Wednesday 6 April.

 

9 Withdrawal of Business

Pursuant to Sessional Orders, Notice of Motion: Private Members Business Bills/ Committees/ Regulations No 5, in the name of Mr Brindal was withdrawn from the Notice Paper.

 

10 Postponement of business

Ordered, severally - That Notices of Motion: Private Members Bills/Committees/Regulations Nos 6 to 9 be postponed until Wednesday 6 April.

 

11 Postponement of business

Ordered, severally - That Orders of the Day: Private Members Bills/Committees/Regulations Nos 1 and 2 be postponed until Wednesday 6 April.

 

12 Road Traffic (Drug Tests) Amendment Bill

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

Mrs Geraghty moved That the debate be further adjourned.

Question put.

 

House divided (No 1):

 

Ayes, 20

Noes, 17

 

Hon M J Atkinson

Mr Brokenshire

Ms Bedford

Hon D C Brown

Mr Caica

Hon M R Buckby

Ms Ciccarello

Hon I F Evans

Hon P F Conlon

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

Mr Hanna

Hon R J McEwen

Hon D C Kotz

Mr O'Brien

Mr Meier

Ms Rankine

Mrs Penfold

Mr Rau

Mrs Redmond

Mr Snelling

Mr Scalzi

Hon L Stevens

Mr Venning

Ms Thompson

Mr Williams

Hon J W Weatherill

Ms Chapman (Teller)

Hon P L White

 

Hon M J Wright

 

Mrs Geraghty (Teller)

 

 

So it was resolved in the affirmative.

Ordered, that the debate be adjourned until Wednesday 6 April.

 

13 Postponement of business

Ordered - That Order of the Day: Private Members Bills/Committees/Regulations No 4 be postponed until Wednesday 6 April.

 

14 Heritage (Beechwood Garden) 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.

 

In Committee

Clauses Nos 1 to 3 agreed to.

Clause No 4 amended and 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.

 

Bill read a third time and passed.

 

 

 

15 Road Traffic (Highway Speed Limit) Amendment Bill

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

Question put and negatived.

 

16 Postponement of business

Ordered - That Order of the Day: Private Members Bills/Committees/Regulations No 7 be postponed until Wednesday 4 May.

 

17 Water Resources Act 1997 Regulations Lower South East Commercial Forestry Motion for disallowance

Order of the Day read for the adjourned debate on the motion of Mr Williams - That the Regulations made under the Water Resources Act 1997 entitled Lower South East - Commercial Forestry, made on 3 June and laid on the Table of this House on 29 June, be disallowed.

Question put and negatived.

 

18 Constitution (Term of Members of the Legislative Council) Amendment Bill

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

 

Contingent Notice of Motion

Mr Hanna pursuant to contingent notice, moved That Standing Orders be and remain so far suspended as to enable, forthwith, in relation to the Constitution (Term of Members of the Legislative Council) Amendment Bill, the Statutes Amendment (Multi-Member Electorates) Bill, the Electoral (Optional Preferential Voting) Amendment Bill, the Referendum (Term of Members of the Legislative Council) Bill; the Referendum (Multi-Member Electorates) Bill; the Direct Democracy (Citizen-Initiated Referendums) Bill; and the Referendum (Direct Democracy) Bill

(a)           one second reading debate to be undertaken;

(b)           separate questions to be put on each Bill at the conclusion of the second reading debate;

(c)           the Bills to be considered in one Committee of the Whole House;

(d)           one third reading debate to be undertaken; and

(e)           separate questions to be put on each Bill at the conclusion of the third reading debate.

Question put and passed.

 

Suspension of Standing Orders

The Attorney-General (Hon M J Atkinson), without notice, moved - That Standing Orders and Sessional Orders be and remain so far suspended as to enable one Minister to speak for 45 minutes, other Members for 20 minutes and the mover 10 minutes in reply in the cognate debate on the motion that the Bills be now read a second time.

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

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

Debate resumed.

Ordered, on motion of Mr Goldsworthy, that the debate be further adjourned until 6 April.

 

19 Reproductive Technology (Clinical Practices) (Prohibition of Publication of Certain Material) Amendment Bill

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

Question put.

 

 

 

 

 

 

House divided (No. 2):

 

Ayes, 16

 

Noes, 24

Hon D C Brown

Hon M J Atkinson

Hon M R Buckby

Ms Bedford

Ms Chapman

Mr Caica

Hon I F Evans

Hon P F Conlon

Mr Goldsworthy

Hon K O Foley

Hon G M Gunn

Mr Hanna

Mrs Hall

Hon J D Hill

Mr Hamilton-Smith

Hon S W Key

Hon D C Kotz

Mr Koutsantonis

Hon W A Matthew

Hon J D Lomax-Smith

Mr Meier

Hon K A Maywald

Mrs Penfold

Hon R J McEwen

Mr Scalzi

Mr O'Brien

Mr Venning

Ms Rankine

Mr Williams

Mr Rau

Mr Brokenshire (Teller)

Mrs Redmond

 

Mr Snelling

 

Hon L Stevens

 

Hon R B Such

 

Ms Thompson

 

Hon J W Weatherill

 

Hon P L White

 

Hon M J Wright

 

Mrs Geraghty (Teller)

 

So it passed in the negative.

 

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The two hours for the consideration of Private Members Business, having expired, Government Business was called on.

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20 Statutes Amendment (Transport Portfolio) 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 Harbors and Navigation Act 1993, the Motor Vehicles Act 1959 and the Road Traffic Act 1961.

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 Hon I F Evans, that the debate be adjourned until tomorrow.

 

21 Statutes Amendment (Local Government Elections) Bill

The Minister for State Local Government Relations (Hon R J McEwen), pursuant to notice, moved - 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.

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 Hon I F Evans, that the debate be adjourned until tomorrow.

 

22 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.

 

23 Industrial Law Reform (Enterprise and Economic Development Labour Market Relations) Bill

Order of the Day read for the consideration in Committee of the amendments of the Legislative Council.

 

In Committee

 

The Minister for Industrial Relations (Hon M J Wright), moved That the amendments of the Legislative Council be agreed to.

 

Question That Amendments Nos 1 to 14 be agreed to put and passed.

 

Question That Amendment No 15 be agreed to - put.

 

Committee divided (No 3):

 

Ayes, 18

Noes, 17

 

Ms Bedford

Hon D C Brown

Mr Caica

Hon M R Buckby

Ms Ciccarello

Mr Goldsworthy

Hon K O Foley

Hon G M Gunn

Mrs Geraghty

Mrs Hall

Hon J D Hill

Mr Hamilton-Smith

Hon S W Key

Hon D C Kotz

Mr Koutsantonis

Hon W A Matthew

Hon J D Lomax-Smith

Hon K A Maywald

Mr O'Brien

Hon R J McEwen

Ms Rankine

Mr Meier

Mr Rau

Mrs Penfold

Mr Snelling

Mrs Redmond

Hon L Stevens

Mr Scalzi

Ms Thompson

Mr Venning

Hon J W Weatherill

Mr Williams

Hon P L White

Hon I F Evans (Teller)

Hon M J Wright (Teller)

 

 

So it was resolved in the affirmative.

 

Question That Amendments Nos 16 to 35 be agreed to put and passed.

 

Question That Amendment No 36 be agreed to put.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Committee divided (No 4):

 

Ayes, 35

Noes, 2

 

Ms Bedford

Mr Scalzi

Mr Brindal

Mr Hanna (Teller)

Hon D C Brown

 

Hon M R Buckby

 

Mr Caica

 

Ms Ciccarello

 

Hon I F Evans

 

Hon K O Foley

 

Mrs Geraghty

 

Mr Goldsworthy

 

Hon G M Gunn

 

Mrs Hall

 

Mr Hamilton-Smith

 

Hon J D Hill

 

Hon S W Key

 

Hon D C Kotz

 

Mr Koutsantonis

 

Hon J D Lomax-Smith

 

Hon W A Matthew

 

Hon K A Maywald

 

Hon R J McEwen

 

Mr Meier

 

Mr O'Brien

 

Mrs Penfold

 

Ms Rankine

 

Mrs Redmond

 

Mr Rau

 

Mr Snelling

 

Hon L Stevens

 

Ms Thompson

 

Mr Venning

 

Hon J W Weatherill

 

Hon P L White

 

Mr Williams

 

Hon M J Wright (Teller)

 

 

So it was resolved in the affirmative.

 

Question - That Amendment No 37 be agreed to put.

 

Division, only one Noe

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

So it was resolved in the affirmative.

 

Question - That Amendments Nos 38 to 45 be agreed to - put and passed.

 

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The House having resumed:

Hon R B Such reported that the Committee had considered the amendments referred to it and had agreed to the same without amendment.

 

24 Occupational Health, Safety and Welfare (Safework SA) 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.

Ordered, on motion of the Minister for Industrial Relations, by leave, that the debate be further adjourned until tomorrow.

 

25 Adjournment

The Minister for Industrial Relations, moved That the House do now adjourn.

Debate ensued.

Question put and passed.

House adjourned at 9.50 pm until tomorrow at 10.30 am.

 

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MOTION OF WHICH NOTICE WAS GIVEN

 

 

For Thursday 10 April 2005

 

Notice of Motion: Government Business -

 

The Minister for Environment and Conservation to move That he have leave to introduce a Bill for an Act to amend the Heritage Act 1993 and to make related amendments to the Development Act 1993, the History Trust of South Australia Act 1981 and the Valuation of Land Act 1971.

 

 

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

 

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

 

Division No 1 -

Ayes - The Premier (Hon M D Rann), Minister for River Murray (Hon K A Maywald) and Ms Breuer.

Noes The Leader of the Opposition, Mr Brindal, Hon W A Matthew and Dr McFetridge.

 

Division No 2 -

Ayes - Mr Brindal, Leader of the Opposition, Dr McFetridge.

Noes - Ms Breuer, Ms Ciccarello, Hon M D Rann.

 

Division No 3 -

Ayes - The Premier, Attorney-General, Minister for Infrastructure and Ms Breuer.

Noes The Leader of the Opposition, Mr Brokenshire, Ms Chapman and Dr McFetridge

 

 

 

 

 

Peter Lewis

SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY