No 43

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

THURSDAY 13 JULY 2000

 

 

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 Notice of Motion: Private Members Bills/Committees/Regulations No 1 be postponed until Thursday 17 August.

 

3       Parental Responsibility Bill

Hon G M Gunn, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to impose a criminal liability on parents for offences committed by their children; to give the police power to remove children from public places; to amend the Young Offenders Act 1993; and for other purposes.

Question put and passed.

 

         Bill presented and read a first time.

         Hon G M Gunn moved - That this Bill be now read a second time.

         Ordered, on motion of Mr De Laine, that the debate be adjourned until Thursday 17 August.

 

4       Postponement of business

Ordered - That Orders of the Day: Private Members Bills/Committees/Regulations Nos 1 to 3 be postponed until Thursday 17 August.

 

5       Netherby Kindergarten (Variation of Waite Trust) Act Repeal Bill

Order of the Day read for the third reading of this Bill.

Mr Hamilton-Smith moved – That this Bill be now read a third time.

Debate ensued.

Ordered, on motion of Mr Hamilton-Smith, that the debate be adjourned until Thursday 17 August.

 

6       Native Vegetation Act – Regulations – Motion for disallowance

Order of the Day read for the adjourned debate on the motion of Mr Hill - That the Regulations under the Native Vegetation Act 1991 relating to exemptions, made on 16 December and laid on the Table of this House on 28 March, be disallowed.

          Debate resumed.

          Question put and negatived.

 

7       Postponement of business

Ordered - That Orders of the Day: Private Members Bills/Committees/Regulations Nos 6 and 7 be postponed until Thursday 17 August.

 


8       Constitution (Parliamentary Terms) 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.

House divided (No 1):

 


      Ayes, 22

 

Mr Atkinson

Ms Bedford

Ms Ciccarello

Mr Clarke

Mr Conlon

Mr De Laine

Mr Foley

Mr Hill

Ms Hurley

Ms Key

Mr Koutsantonis

Mr Lewis

Ms Maywald

Mr McEwen

Ms Rankine

Hon M D Rann

Mr Snelling

Ms Stevens

Ms Thompson

Ms White

Mr Wright

Mr Hanna (Teller)


Noes, 20

 

Hon M H Armitage

Hon M K Brindal

Hon D C Brown

Hon R B Buckby

Mr Condous

Hon I F Evans

Hon G M Gunn

Hon J L Hall

Mr Hamilton-Smith

Hon G A Ingerson

Hon R G Kerin

Hon D C Kotz

Hon W A Matthew

Hon J W Olsen

Mrs Penfold

Mr Scalzi

Hon R B Such

Mr Williams

Hon D C Wotton

Mr Meier  (Teller)


 

         So it was resolved in the affirmative.

 

In Committee

                                                Clause No 1 read.

 

         To report progress and ask leave to sit again.

 

____________

 

         The House having resumed:

Hon D C Wotton 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 on Thursday 17 August.

 

9       Postponement of business

Ordered - That Orders of the Day: Private Members Bills/Committees/Regulations Nos 9 to 11 be postponed until Thursday 17 August.

 

10      City of Adelaide (Development Within Park Lands) Amendment Bill

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

 

In Committee

                                       Clause No 3 further considered and agreed to.

                                       Schedule agreed to.

                                       Title agreed to.

____________

 

The House having resumed:

Hon D C Wotton reported that the Committee had considered the Bill referred to it and had agreed to the same without amendment.

 


Mr Lewis moved – That this Bill be now read a third time.

Question put.

House divided (No 2):

 


      Ayes, 20

 

Mr Atkinson

Ms Bedford

Ms Ciccarello

Mr Clarke

Mr Conlon

Mr De Laine

Mr Foley

Mr Hanna

Mr Hill

Ms Hurley

Ms Key

Mr Koutsantonis

Ms Rankine

Hon M D Rann

Mr Snelling

Ms Stevens

Ms Thompson

Ms White

Mr Wright

Mr Lewis (Teller)


Noes, 22

 

Hon M H Armitage

Hon M K Brindal

Hon D C Brown

Hon R B Buckby

Mr Condous

Hon I F Evans

Hon G M Gunn

Hon J L Hall

Mr Hamilton-Smith

Hon G A Ingerson

Hon R G Kerin

Hon D C Kotz

Hon W A Matthew

Ms Maywald

Mr McEwen

Hon J W Olsen

Mrs Penfold

Mr Scalzi

Hon R B Such

Mr Williams

Hon D C Wotton

Mr Meier (Teller)


 

         So it passed in the negative.

 

11      Postponement of business

Ordered - That Notice of Motion: Other Motions No 1 be postponed until Thursday 17 August.

 

12      Whale Sanctuary - Motion re

         Mr Hill, pursuant to notice, moved – That this House supports the creation of the South Pacific Whale Sanctuary.

         Ordered, on motion of Mr Meier, that the debate be adjourned until Thursday 17 August.

 

13      Postponement of business

Ordered - That Notice of Motion: Other Motions No 3 be postponed until Thursday 17 August.

 

14      Salisbury East Campus, Sale of - Motion re

Ms Rankine, pursuant to notice, moved - That this House condemns any move by the University of South Australia to sell off the Salisbury East Campus for purely commercial and housing development and calls on the Government to withdraw approval for any sale of this property that does not comply with or honour the general commitment that this campus be retained for educational, training or community benefit.

         Debate ensued.

         Ordered, on motion of Mr Hamilton-Smith, that the debate be adjourned until Thursday 17 August.

 


15      Mobile Phone Facilities Impact - Motion re

Order of the Day read for the adjourned debate on the motion of Ms Ciccarello – That this House calls on the Minister for Transport and Urban Planning to immediately review the Development Act 1993 and Regulations to provide for greater control over the installation of mobile phone facilities in order to minimise the impact on local communities with due regard given to –

(a)  consultations with Local Councils;

(b)  appropriate guidelines for community consultation;

(c)  setting minimum distances from sensitive areas, which includes schools, kindergartens and hospitals;

(d)  opportunities for co-location;

(e)  visual impact on the local amenity;

(f)   clear definition of a transmitting station;

(g)  the effect of the Telecommunications Act, particularly in relation to low impact mobile phone facilities; and,   

(h)     preparation of a Ministerial PAR for mobile phone facilities to provide clarity in the Development Plan.

Debate resumed.

Question put and passed.

 

16      Charges for Domiciliary Care Services - Motion re

Order of the Day read for the adjourned debate on the motion of Ms Stevens - That this House condemns the Government for the stress being caused to elderly people by the introduction of charges for domiciliary care services and calls on the Minister for Disability Services and the Ageing to take immediate action and report upon –

(a)  the lack of community consultation on the introduction of fees;

(b)  the confusion caused by misleading public information, the complexity of pamphlets and ad hoc changes;

(c)  the lack of clarity and difficulties in establishing eligibility for waivers;

(d)  statements by elderly people that they are cancelling essential services and returning equipment because of the introduction of fees; and

(e)     the compound financial implications for elderly people with the introduction of  emergency services taxes, charges for dental services and charges for domiciliary care.

Debate resumed.

         Question put.

         House divided (No 3):

 


               Ayes, 20

 

Mr Atkinson

Ms Bedford

Ms Ciccarello

Mr Clarke

Mr Conlon

Mr De Laine

Mr Foley

Mrs Geraghty

Mr Hanna

Mr Hill

Ms Hurley

Ms Key

Mr Koutsantonis

Ms Rankine

Hon M D Rann

Mr Snelling

Ms Thompson

Ms White

Mr Wright

Ms Stevens (Teller)


Noes, 23

 

Hon M H Armitage

Hon R L Brokenshire

Hon D C Brown

Hon R B Buckby

Mr Condous

Hon I F Evans

Hon G M Gunn

Hon J L Hall

Hon G A Ingerson

Hon R G Kerin

Hon D C Kotz

Mr Lewis

Hon W A Matthew

Ms Maywald

Mr McEwen

Mr Meier

Hon J W Olsen

Mrs Penfold

Mr Scalzi

Hon R B Such

Mr Williams

Hon D C Wotton

Mr Hamilton-Smith (Teller)


         So it passed in the negative.

 

17      Whyalla Airlines Crash - Motion re

Order of the Day read for the adjourned debate on the motion of Ms Breuer – That this House expresses its sympathy to the families and friends of those people killed in the Whyalla Airlines crash on the 31 May and extends its gratitude to the Police, Emergency Services and other services involved in the massive search following the crash

         Debate resumed.

         Question put and passed.

 

18      Common Youth Allowance - Obligations - Motion re

Order of the Day read on the adjourned debate on the motion of Ms Thompson - That this House expresses its concern that many young people returning to schools as a result of the obligations imposed by the Common Youth Allowance are not having their educational, social and vocational needs met by the programmes which currently exist and notes that the impact of this can be damaging to schools, teachers and other students as well as to the young people themselves.

Debate resumed.

____________

 

It being 1.00 pm, the debate was adjourned (Mr Hamilton-Smith, by leave) and made an Order of the Day for Thursday 17 August.

____________

 

19      Petitions Nos 181 to 184

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

 

181    The Minister for Local Government (Hon D C Kotz), from 38 residents of South Australia, requesting that the House strengthen the law in relation to prostitution and ban prostitution related advertising.

 

182    The Leader of the Opposition (Hon M D Rann), from 15,901 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.

 

183    Ms White, from 204 residents of South Australia, requesting that the House ensure a reliable power supply to the Paralowie, Bolivar, Waterloo Corner, St Kilda and Virginia areas.

 

184    Mr Williams, from 90 residents of South Australia, requesting that the House ensure government funding of public libraries is maintained.

 

20      Paper

The Speaker laid on the Table the Report of the Office of the Employee Ombudsman for 1998-99.

 

21      Answers to questions

Answers to questions without notice were tabled by the Speaker.

 

22      Questions

         Questions without notice were asked.

 

23      Grievance debate

         The Speaker proposed - That the House note grievances.

         Debate ensued.

         Question put and passed.

 


24      Joint Committees on Transport Safety and Electricity Businesses Disposal Process – Power to act

The Minister for Government Enterprises (Hon M H Armitage), by leave, moved - That the Members of the House appointed to the Joint Committees on Transport Safety and the Electricity Businesses Disposal Process have power to act on those committees during the recess.

Question put and passed.

 

25      Select Committee on the Murray River – Power to act

The Minister for Government Enterprises, by leave, moved - That the Select Committee on the Murray River have power to act during the recess.

Question put and passed.

 

26      Next day of sitting

         The Minister for Government Enterprises moved - That the House at its rising adjourn until Tuesday 15 August at 2.00 pm.

         Question put and passed.

 

27      Messages from the Legislative Council

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

 

         Forest Property Bill                                                                     Message No 95

MR SPEAKER – The Legislative Council  has agreed to the Bill returned herewith, titled an Act to encourage commercial investment in forest property; to amend the Real Property Act 1886; and for other purposes, with the amendments indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

         Legislative Council, 12 July 2000                                                J C Irwin, PRESIDENT

 

Schedule of amendments made by the Legislative Council

 

No 1     Page 3 – After line 4 insert new clause as follows:

            Commencement

            1A. This Act will come into operation on a day to be fixed by proclamation.

 

No 2     Page 10 (clause 15) – After line 12 insert new subclause as follows:

      (4) However, a licence cannot operate to the exclusion of a law that regulates            the way in which, or the conditions under which, work is to be carried out.

 

J M Davis CLERK OF THE LEGISLATIVE COUNCIL

 

         Ordered - That the amendments be taken into consideration forthwith.

 

In Committee

 

         Resolved - That the amendments be agreed to.

 

____________

 

         The House having resumed:

Mr Meier reported that the Committee had considered the amendments referred to it and had agreed to the same without amendment.

 

         Appropriation Bill                                                                       Message No 96

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act for the appropriation of money from the Consolidated Account for the year ending on 30 June 2001 and for other purposes, without any amendment.

         Legislative Council, 12 July 2000                                                J C Irwin, PRESIDENT

 


         Ground Water (Qualco-Sunlands) Control Bill                            Message No 97

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to reduce the risk of waterlogging and salinisation of land and increased levels of salinity in the River Murray caused by the irrigation of land in the Qualco-Sunlands irrigation area; to make a related amendment to the Irrigation Act 1994; and for other purposes, without any amendment.

         Legislative Council, 12 July 2000                                                J C Irwin, PRESIDENT

 

         South Australian Forestry Corporation Bill                                 Message No 98

MR SPEAKER – The Legislative Council has agreed to the Bill returned herewith, titled an Act to provide for the management of public plantation forests; to establish the South Australian Forestry Corporation; to amend the Forestry Act 1950 and the Local Government (Forestry Reserves) Act 1944; and for other purposes, with the amendments indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

         Legislative Council, 12 July 2000                                                J C Irwin, PRESIDENT

 

Schedule of amendments made by the Legislative Council

 

No 1     Page 8, line 7 (clause 15) – Leave out “An” and insert:

            Subject to subsection (4), an

 

No 2     Page 8 (clause 15) – After line 8 insert the following:

      (4) The Corporation must not, in fixing terms and conditions of employment by the Corporation, discriminate against employees appointed after the commencement of this Act by appointing them on terms and conditions that are less favourable than those applying to employees transferred to the Corporation’s employment in accordance with Schedule 1.

 

J M Davis CLERK OF THE LEGISLATIVE COUNCIL

 

         Ordered - That the amendments be taken into consideration forthwith.

 

In Committee

 

         Resolved - That the amendments be agreed to.

 

____________

 

         The House having resumed:

Mr Meier reported that the Committee had considered the amendments referred to it and had agreed to the same without amendment.

 

         Liquor Licensing (Miscellaneous) Amendment Bill                     Message No 99

MR SPEAKER - The Legislative Council has agreed to the amendment made by the House of Assembly in the Liquor Licensing (Miscellaneous) Amendment Bill, without any amendment.

         Legislative Council, 12 July 2000                                                J C Irwin, PRESIDENT

 

         Summary Offences (Searches) Amendment Bill                         Message No 100

MR SPEAKER - The Legislative Council has agreed to the amendments made by the House of Assembly in the Summary Offences (Searches) Amendment Bill, without any amendment.

         Legislative Council, 12 July 2000                                                J C Irwin, PRESIDENT

 

28      Postponement of business

Ordered - That Notice of Motion: Government Business No 1 be postponed until Tuesday 15 August.

 

 

29      Summary Offences (Prostitution) Amendment Bill, Prostitution (Regulation) Bill, Prostitution (Licensing) Bill, Prostitution (Registration) Bill and Statutes Amendment (Prostitution) Bill

Order of the Day read the adjourned debate on the question - That these Bills be now read a second time.

Debate resumed.

 

Summary Offences (Prostitution) Amendment Bill

         Question – That the Summary Offences (Prostitution) Amendment Bill be now read a second time - put.

         House divided (No 4):

 


               Ayes, 20

 

Mr Atkinson

Hon R L Brokenshire

Hon D C Brown

Hon R B Buckby

Mr Condous

Hon I F Evans

Mr Hanna

Ms Hurley

Hon D C Kotz

Mr Koutsantonis

Mr Lewis

Hon W A Matthew

Ms Maywald

Mr McEwen

Mr Meier

Mr Scalzi

Mr Venning

Mr Williams

Hon D C Wotton

Mr Snelling (Teller)


Noes, 26

 

Hon M H Armitage

Ms Bedford

Ms Breuer

Ms Ciccarello

Mr Clarke

Mr Conlon

Mr De Laine

Mr Foley

Mrs Geraghty

Hon G M Gunn

Hon J L Hall

Mr Hamilton-Smith

Mr Hill

Hon G A Ingerson

Hon R G Kerin

Ms Key

Hon J W Olsen

Mrs Penfold

Ms Rankine

Hon M D Rann

Ms Stevens

Hon R B Such

Ms Thompson

Ms White

Mr Wright

Hon M K Brindal (Teller)


 

         So it passed in the negative.

 


Prostitution (Regulation) Bill

Question – That the Prostitution (Regulation) Bill be now read a second time – put.

         House divided (No 5):

 


               Ayes, 26

 

Hon M H Armitage

Ms Bedford

Ms Breuer

Ms Ciccarello

Mr Clarke

Mr Conlon

Mr De Laine

Mr Foley

Mrs Geraghty

Hon G M Gunn

Hon J L Hall

Mr Hamilton-Smith

Mr Hanna

Mr Hill

Hon G A Ingerson

Ms Key

Ms Maywald

Mrs Penfold

Ms Rankine

Hon M D Rann

Ms Stevens

Hon R B Such

Ms Thompson

Ms White

Mr Wright

Hon M K Brindal (Teller)


Noes, 20

 

Mr Atkinson

Hon R L Brokenshire

Hon D C Brown

Hon M R Buckby

Mr Condous

Hon I F Evans

Ms Hurley

Hon R G Kerin

Hon D C Kotz

Mr Koutsantonis

Mr Lewis

Hon W A Matthew

Mr Meier

Hon J W Olsen

Mr Scalzi

Mr Snelling

Mr Venning

Mr Williams

Hon D C Wotton

Mr McEwen (Teller)


 

         So it was resolved in the affirmative.

 

Prostitution (Licensing) Bill

Question – That the Prostitution (Licensing) Bill be now read a second time – put and negatived.

 

Prostitution (Registration) Bill

Question – That the Prostitution (Registration) Bill be now read a second time – put and negatived.


Statutes Amendment (Prostitution) Bill

Question – That the Statutes Amendment (Prostitution) Bill be now read a second time – put.

         House divided (No 6):

 


               Ayes, 6

 

Mr Hanna

Ms Hurley

Mr Lewis

Mr Snelling

Ms White

Mr Atkinson (Teller)


Noes, 40

 

Hon M H Armitage

Ms Bedford

Ms Breuer

Hon R L Brokenshire

Hon D C Brown

Hon M R Buckby

Ms Ciccarello

Mr Clarke

Mr Condous

Mr Conlon

Mr De Laine

Hon I F Evans

Mr Foley

Mrs Geraghty

Hon G M Gunn

Hon J L Hall

Mr Hamilton-Smith

Mr Hill

Hon G A Ingerson

Hon R G Kerin

Ms Key

Hon D C Kotz

Mr Koutsantonis

Hon W A Matthew

Ms Maywald

Mr McEwen

Mr Meier

Hon J W Olsen

Mrs Penfold

Ms Rankine

Hon M D Rann

Mr Scalzi

Ms Stevens

Hon R B Such

Ms Thompson

Mr Venning

Mr Williams

Hon D C Wotton

Mr Wright

Hon M K Brindal (Teller)


 

         So it passed in the negative.

 


         Prostitution (Regulation) Bill

 

In Committee

                                                Clauses Nos 1 and 2 agreed to.

                                                Clause No 3 read.

 

Mr Lewis moved – That progress be reported.

Question put.

Committee divided (No 7):

 


               Ayes, 7

 

Hon D C Brown

Mr Condous

Mr Meier

Mr Scalzi

Mr Venning

Mr Williams

Mr Lewis (Teller)


Noes, 39

 

Hon M H Armitage

Mr Atkinson

Ms Bedford

Ms Breuer

Hon R L Brokenshire

Hon M R Buckby

Ms Ciccarello

Mr Clarke

Mr Conlon

Mr De Laine

Hon I F Evans

Mr Foley

Mrs Geraghty

Hon G M Gunn

Hon J L Hall

Mr Hamilton-Smith

Mr Hanna

Mr Hill

Ms Hurley

Hon G A Ingerson

Hon R G Kerin

Ms Key

Hon D C Kotz

Mr Koutsantonis

Hon W A Matthew

Ms Maywald

Mr McEwen

Hon J W Olsen

Hon J K G Oswald

Mrs Penfold

Ms Rankine

Hon M D Rann

Mr Snelling

Ms Stevens

Hon R B Such

Ms Thompson

Ms White

Mr Wright

Hon M K Brindal (Teller)

 


 

         So it passed in the negative.

 

                                                Clause No 3 amended and agreed to.

                                                Clause No 4 read.

 

Mr Lewis moved on page 4, line 6, to leave out the penalty provision and insert “Maximum penalty: $100 000 or 15 years imprisonment”, on page 4, line 10, to leave out the penalty provision and insert, “Maximum penalty: $100 000 or 15 years imprisonment” and on page 4, line 12, to leave out “$100” and insert “$1 000”.

Question – That the amendments be agreed to - put and negatived.

 

                                                Clause agreed to.

                                                Clauses Nos 5 to 8 agreed to.

                                                Clause No 9 left out and a new clause inserted.

                                                Clause No 10 left out.

 

Hon M K Brindal moved to insert a new clause as follows:

            Developments involving brothels

            10. The following applies in relation to a proposed development involving the establishment of a brothel or use of premises as a brothel:

                  (a)     the Development Assessment Commission is to be regarded as having been constituted under the Development Act 1993 as the relevant authority;

                  (b)     the development is to be regarded as having been assigned to Category 2;

                  (c)     the Development Assessment Commission has, subject to paragraph (d), a discretion to approve the development;

                  (d)     the Development Assessment Commission is not to approve the development if—

                           (i)         the part of a local government area in which the premises are, or are to be, situated—

                             (A)      is zoned or set apart under the Development Plan for residential use; or

                             (B)      is a part of the local government area in which residential use is, according to the Development Plan, to be encouraged; or

                           (ii)         the premises are situated within 200 metres of a school or other place used for the education, care or recreation of children, a church or other place of worship or a community centre; or

                           (iii)        the premises would have more than 8 rooms available for the provision of sexual services; or

                           (iv)        in the opinion of the Development Assessment Commission the premises would, in conjunction with other brothels in the area, tend to establish a red light district ie an inappropriately high concentration of brothels in the same area; or

                           (v)         approval would not be consistent with criteria prescribed by the regulations;

            (e)  in deciding whether to approve the development, the Development Assessment Commission is to have regard to the provisions of the appropriate Development Plan but is not bound by those provisions.

 

       Hon G M Gunn moved to insert a new clause as follows:

                    Developments involving brothels

                    10. Despite Part 4 of the Development Act 1993, the regulations under that Act and the Development Plan, the following applies in relation to a proposed development involving the establishment of a brothel or use of premises as a brothel:

                    (a)       the development is to be regarded as having been assigned to Category 2;

                    (b)      the relevant authority is not to approve the development if—

                              (i)     the part of a local government area in which the premises are, or are to be, situated—

                                              (A)       is zoned or set apart under the Development Plan for residential use; or

                                              (B)       is a part of the local government area in which residential use is, according to the Development Plan, to be encouraged; or

                              (ii)     the premises are situated within 200 metres of a school or other place used for the education, care or recreation of children, a church or other place of worship or a community centre; or

                              (iii)    the premises would have more than 8 rooms available for the provision of sexual services; or

                              (iv)    in the opinion of the relevant authority, the premises would, in conjunction with other brothels in the area, tend to establish a red light district ie an inappropriately high concentration of brothels in the same area; or

(v)          approval would not be consistent with criteria prescribed by the regulations.

 

 

Amendment to amendment

Mr Koutsantonis moved to amend new clause 10 proposed by Hon G M Gunn by leaving out “Category 2” and inserting “Category 3”.

 

Question – That the amendment to the proposed new clause 10 be agreed to – put and passed.

 

Question that the proposed new clause 10 as amended be inserted – put.

         Committee divided (No 8):

 


               Ayes, 18

 

Mr Atkinson

Ms Bedford

Hon D C Brown

Mr Condous

Mrs Geraghty

Hon D C Kotz

Mr Koutsantonis

Mr Lewis

Hon W A Matthew

Ms Maywald

Mr McEwen

Mr Meier

Hon J K G Oswald

Mr Scalzi

Mr Snelling

Mr Venning

Mr Williams

Hon G M Gunn (Teller)


Noes, 27

 

Hon M H Armitage

Hon R L Brokenshire

Hon M R Buckby

Ms Ciccarello

Mr Clarke

Mr Conlon

Mr De Laine

Hon I F Evans

Mr Foley

Hon J L Hall

Mr Hamilton-Smith

Mr Hanna

Mr Hill

Ms Hurley

Hon G A Ingerson

Hon R G Kerin

Ms Key

Hon J W Olsen

Mrs Penfold

Ms Rankine

Hon M D Rann

Ms Stevens

Hon R B Such

Ms Thompson

Ms White

Mr Wright

Hon M K Brindal (Teller)


         So it passed in the negative.

 

Amendment to amendment

Mr Williams moved to amend the new clause 10 proposed by Hon M K Brindal by adding to the end of paragraph (b) the following words:

      “ and Category 2 is to be taken to require notice of the application for consent to be given to an owner or occupier of land within 200 metres of the land the subject of the application (in addition to the persons to whom notice is required to be given under the Development act 1993.”

Question – That Mr Williams’ amendment to the proposed new clause 10 be agreed to – put and passed.

 


Question – That the new clause 10 proposed by Hon M K Brindal as amended be inserted – put.

      Committee divided (No 9):

 


                                Ayes, 31

 

Hon M H Armitage

Ms Bedford

Hon R L Brokenshire

Hon M R Buckby

Ms Ciccarello

Mr Clarke

Mr Conlon

Mr De Laine

Hon I F Evans

Mr Foley

Mrs Geraghty

Hon J L Hall

Mr Hamilton-Smith

Mr Hanna

Mr Hill

Ms Hurley

Hon G A Ingerson

Hon R G Kerin

Ms Key

Hon W A Matthew

Hon J W Olsen

Hon J K G Oswald

Mrs Penfold

Ms Rankine

Hon M D Rann

Ms Stevens

Hon R B Such

Ms Thompson

Ms White

Mr Wright

Hon M K Brindal (Teller)


Noes, 14

 

Mr Atkinson

Hon D C Brown

Mr Condous

Hon G M Gunn

Hon D C Kotz

Mr Koutsantonis

Ms Maywald

Mr McEwen

Mr Meier

Mr Scalzi

Mr Snelling

Mr Venning

Mr Williams

Mr Lewis (Teller)


 

         So it was resolved in the affirmative.

 

                                                Clause No 11 amended and agreed to.

                                                New Clause 11A inserted.

                                                Clause No 12 agreed to.

                                                Clause No 13 left out and a new clause inserted.

                                                Clause No 14 agreed to.

                                                New Clause 14A inserted.

                                                Clause No 15 agreed to

                                                Clause No 16 read.

 

 


Mr Williams moved on page 9, lines 18 and 19, to leave out subclause (3) and insert:

(3) It is a defence to the charge of an offence against subsection (1) to prove that –

(a)     the defendant or defendants required the minor to produce evidence of age; and

(b)     the minor made a false statement, or produced false evidence, in response to that requirement; and

(c)     in consequence the person reasonably assumed that the minor was of or above the age of 18 years.

Question – That the amendment be agreed to – put.

      Committee divided (No 10):

 


                                Ayes, 18

 

Hon D C Brown

Hon M R Buckby

Mr Condous

Hon I F Evans

Hon G M Gunn

Mr Hamilton-Smith

Hon D C Kotz

Mr Koutsantonis

Mr Lewis

Hon W A Matthew

Mr Meier

Hon J W Olsen

Hon J K G Oswald

Mrs Penfold

Mr Scalzi

Mr Snelling

Mr Venning

Mr Williams (Teller)


Noes, 26

 

Hon M H Armitage

Mr Atkinson

Ms Bedford

Hon M K Brindal

Hon R L Brokenshire

Ms Ciccarello

Mr Clarke

Mr Conlon

Mr De Laine

Mr Foley

Mrs Geraghty

Hon J L Hall

Mr Hanna

Mr Hill

Ms Hurley

Hon G A Ingerson

Ms Key

Ms Maywald

Mr McEwen

Ms Rankine

Hon M D Rann

Hon R B Such

Ms Thompson

Ms White

Mr Wright

Ms Stevens (Teller)


         So it passed in the negative.

 

                                                Clause otherwise amended and agreed to.

                                                Clause No 17 left out.

                                                New Clauses No 17A to 17D inserted.

 

The Minister for Water Resources moved to insert a new clause as follows:

Carrying out search

      17E. (1) A police officer exercising powers to enter and search premises under this Part may be accompanied by such assistants as the officer considers necessary in the circumstances.

      (2) A police officer may—

      (a)     when exercising powers authorised by warrant issued under this Part, use reasonable force for either of the following purposes (an authorised objective)—

      (i)   to gain entry to the premises (or any part of the premises);

      (ii)   to open anything in the premises that may contain evidence of an     offence; and

      (b)     seize and retain anything found in the course of a search that the officer believes affords evidence of an offence.

(3) If—

      (a)     an authorised objective might be achieved without the use of force through the cooperation of another person; and

      (b)     the other person is present and available to be asked for cooperation,

the use of force to achieve the objective is not reasonable unless the police officer has asked for the person's cooperation and the person has refused to cooperate or has failed to comply promptly with the request.

(4) A police officer who carries out a search must, as soon as practicable after doing so—

      (a)     prepare a notice in the prescribed form; and

      (b)     give the notice to the occupier of the premises or leave it for the occupier in a prominent position on the premises.

(5) The notice must contain—

            (a)      the name, rank and identifying number of the police officer responsible for carrying out the search and the name of any person assisting the police officer; and

            (b)     if the search was authorised by warrant—

               (i)   the name of the magistrate who issued the warrant and the date and time of its issue; and

(ii) a description of the premises to which the warrant relates and of the authority conferred by the warrant; and

            (c)      a description of anything taken from the premises.

 

Mr Lewis moved to amend the new clause by inserting the after paragraph after 2(b),

“(c) require any person found on the premises to answer questions or to produce documents.”

Question – That the amendment to the proposed new clause be agreed to – put.

Committee divided (No 11):

 


                                Ayes, 15

 

Mr Atkinson

Hon D C Brown

Mr Condous

Mr Hamilton-Smith

Hon D C Kotz

Mr Koutsantonis

Ms Maywald

Mr McEwen

Mr Meier

Mr Scalzi

Mr Snelling

Mr Venning

Ms White

Mr Williams

Mr Lewis (Teller)


Noes, 30

 

Hon M H Armitage

Ms Bedford

Hon R L Brokenshire

Hon R B Buckby

Ms Ciccarello

Mr Clarke

Mr Conlon

Mr De Laine

Hon I F Evans

Mr Foley

Mrs Geraghty

Hon G M Gunn

Hon J L Hall

Mr Hanna

Mr Hill

Ms Hurley

Hon G A Ingerson

Hon R G Kerin

Ms Key

Hon W A Matthew

Hon J W Olsen

Hon J K G Oswald

Mrs Penfold

Ms Rankine

Hon M D Rann

Ms Stevens

Hon R B Such

Ms Thompson

Mr Wright

Hon M K Brindal (Teller)


         So it passed in the negative.

 

         Question – That new clause 17E be inserted – put and passed.

 

                                                Clauses Nos 18 to 20 agreed to.

                                                Schedule No 1 amended and agreed to.

                                                Schedule No 2 read.

 

         To report progress and ask leave to sit again.

____________

        


The House having resumed:

Hon D C Wotton 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 on motion.

 

30      Suspension of Standing Orders

The Minister for Government Enterprises, without notice, moved - That Standing Orders be so far suspended as to enable the House to sit beyond midnight.

Question put there being a negative voice.

 

      Division, only one No

Question put and the House proceeded to a division, but only one Member appearing on the side of the Noes, the Speaker declared the Ayes had it.

So it was resolved in the affirmative.

____________

 

It being Midnight

FRIDAY 14 JULY

____________

 

31      Prostitution (Regulation) Bill

         Ordered - That the further consideration in Committee of this Bill be now resumed.

 

In Committee

                                                Schedule No 2 further considered

 

Mr Condous moved on page 13, lines 3 to 8, to leave out all the words on these lines after “is amended by” and insert in lieu thereof ‘by inserting at the end of the definition of "worker" in section 3(1) "but does not include a prostitute within the meaning of the Prostitution (Regulation) Act 1999".’

Question – That the amendment be agreed to – put.

 

Committee divided (No 12):

 


                                Ayes, 14

 

Hon R B Buckby

Mr Condous

Hon I F Evans

Hon G M Gunn

Mr Hamilton-Smith

Hon D C Kotz

Hon W A Matthew

Ms Maywald

Mr McEwen

Mr Meier

Mrs Penfold

Mr Venning

Mr Williams

Mr Scalzi (Teller)


Noes, 29

 

Mr Atkinson

Ms Bedford

Hon M K Brindal

Hon R L Brokenshire

Hon D C Brown

Ms Ciccarello

Mr Clarke

Mr De Laine

Mr Foley

Mrs Geraghty

Hon J L Hall

Mr Hanna

Mr Hill

Hon G A Ingerson

Hon R G Kerin

Ms Key

Mr Koutsantonis

Mr Lewis

Hon J W Olsen

Hon J K G Oswald

Ms Rankine

Hon M D Rann

Mr Snelling

Ms Stevens

Hon R B Such

Ms Thompson

Ms White

Mr Wright

Hon M H Armitage (Teller)


         So it passed in the negative.


Hon M K Brindal moved after clause 2 to insert a new Part as follows:

                                Part 2A—Amendment of Public and Environmental Health Act 1987

                  Amendment of Public and Environmental Health Act 1987

                          2A. The Public and Environmental Health Act 1987 is amended—

                          (a)         by inserting after paragraph (hc) of section 47(2) the following paragraph:

                                        (hd)   prescribe a code of conduct to be complied with in relation to the conduct of a sex business (within the meaning of the Prostitution (Regulation) Act 1999)—

                                                              (i)           requiring the use of condoms or other devises used to minimise the risk of transmission of sexually transmissible diseases;

                                                              (ii)          prohibiting prostitutes or clients infected with a sexually transmissible disease from engaging in conduct that has a substantial risk of infecting another with the disease;

                                                              (iii)         relating to medical examinations of prostitutes or the treatment or management of prostitutes infected with a sexually transmissible disease;

                                                              (iv)          containing other provisions designed to protect prostitutes and clients against the transmission of sexually transmissible disease;;

                          (b)        by striking out from section 47(2)(n)"a division 6 fine" and substituting "$10 000".

Question – That the amendment be agreed to – put.

 

Committee divided (No 13):

 


                                Ayes, 28

 

Hon M H Armitage

Ms Bedford

Hon R L Brokenshire

Hon R B Buckby

Ms Ciccarello

Mr Clarke

Mr Conlon

Mr De Laine

Hon I F Evans

Mr Foley

Mrs Geraghty

Hon J L Hall

Mr Hanna

Mr Hill

Ms Hurley

Hon G A Ingerson

Hon R G Kerin

Ms Key

Hon D C Kotz

Hon J W Olsen

Ms Rankine

Hon M D Rann

Ms Stevens

Hon R B Such

Ms Thompson

Ms White

Mr Wright

Hon M K Brindal (Teller)

 


Noes, 17

 

Mr Atkinson

Mr Condous

Hon G M Gunn

Mr Hamilton-Smith

Mr Koutsantonis

Mr Lewis

Hon W A Matthew

Ms Maywald

Mr McEwen

Mr Meier

Hon J K G Oswald

Mrs Penfold

Mr Scalzi

Mr Snelling

Mr Venning

Mr Williams

Hon D C Brown (Teller)


         So it was resolved in the affirmative.

 

                                                Schedule No 2 otherwise amended and agreed to.

                                                Schedule No 2 reconsidered.

 

The Minister for Water Resources moved on page 12 (amendments to Criminal Law Consolidation Act) to leave out new paragraphs (a1) and (a2).

 

Amendment withdrawn

Amendment, by leave, withdrawn.

 

                                                Schedule No 2 as previously amended agreed to.

                                                Title amended and agreed to.

____________

 

         The House having resumed:

Hon D C Wotton reported that the Committee had considered the Bill referred to it and had agreed to the same with amendments and had amended the Title.

 

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

Debate ensued.

Question put.

Committee divided (No 14):

 


                                Ayes, 24

 

Hon M H Armitage

Ms Bedford

Ms Ciccarello

Mr Clarke

Mr Conlon

Mr De Laine

Mr Foley

Mrs Geraghty

Hon G M Gunn

Hon J L Hall

Mr Hamilton-Smith

Mr Hanna

Mr Hill

Hon G A Ingerson

Ms Key

Mrs Penfold

Ms Rankine

Hon M D Rann

Ms Stevens

Hon R B Such

Ms Thompson

Ms White

Mr Wright

Hon M K Brindal (Teller)

 


Noes, 21

 

Mr Atkinson

Hon R L Brokenshire

Hon D C Brown

Hon R B Buckby

Mr Condous

Hon I F Evans

Ms Hurley

Hon R G Kerin

Hon D C Kotz

Mr Koutsantonis

Mr Lewis

Hon W A Matthew

Ms Maywald

Mr McEwen

Mr Meier

Hon J W Olsen

Mr Scalzi

Mr Snelling

Mr Venning

Hon D C Wotton

Mr Williams (Teller)


         So it was resolved in the affirmative.

 

Bill read a third time and passed.

 

32      Messages from the Legislative Council

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

 

         Racing  (Controlling Authorities) Amendment Bill                      Message No 101

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Racing Act 1976; and to make consequential amendments to the Gaming Supervisory Authority Act 1995, without any amendment.

         Legislative Council, 13 July 2000                                                J C Irwin, PRESIDENT

 

         Highways (Miscellaneous) Amendment Bill                                Message No 102

MR SPEAKER - The Legislative Council has agreed to the amendments made by the House of Assembly in the Highways (Miscellaneous) Amendment Bill, without any amendment.

         Legislative Council, 13 July 2000                                                J C Irwin, PRESIDENT

 

 


         National Parks and Wildlife (Miscellaneous) Amendment Bill    Message No 103

MR SPEAKER – The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the National Parks and Wildlife Act 1972, with the amendments indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

         Legislative Council, 13 July 2000                                                J C Irwin, PRESIDENT

 

Schedule of the amendments made by the Legislative Council

 

No. 1.   Page 5, line 19 (clause 9) - After "is amended" insert:

                  _

                        (a)

 

No. 2.   Page 5 (clause 9) - After line 20 insert new paragraph as follows:

                        (b)           by inserting after its present contents as amended by this section (now to be designated as subsection (1)) the following subsection:

                        (2) Where a fee fixed under subsection (1) is payable, or has been paid, the Director may, if he or she thinks fit, waive or refund the whole or part of the fee.

 

No. 3.   Page 10, line 30 (clause 21) - Strike out "subsection (1) to prove" and insert:

                        subsection (1)(a) to prove—

                        (a)

 

No. 4.   Page 10 (clause 21) - After line 31 insert word and paragraph as follows:

                        or

                        (b)           that the defendant acted reasonably to frighten the animal in order to protect himself or herself or another person or to protect—

                        (i)            property comprising plants cultivated for commercial or other purposes or animals; or

                        (ii)            property of any other kind.

 

No. 5.   Page 11, line 2 (clause 23) - After "is amended" insert:

                  _

                        (a)           by inserting the following subsection after subsection (4):

                        (4a) A condition of a permit may require compliance with a specified code of practice, standard or other document as in force at a specified time or as in force from time to time.;

                        (b)

 

No. 6.   Page 11- After line 23 insert new clause as follows:

                  Insertion of s. 70A

                  24A. The following section is inserted after section 70 of the principal Act:

                  Failure to comply with authority

                  70A. (1) The holder of an authority who contravenes or fails to comply with a limitation, restriction or condition of the authority is guilty of an offence.

                           Maximum penalty:         $2 500.

                           Expiation fee:                $210.

                        (2) In this section—

                        "authority" means a permit, permission or other authority granted by the Director or the Minister under this Act.

 

No. 7.   Page 11 - After line 33 insert new clause as follows:

                  Insertion of s. 73A

                  25A. The following section is inserted after section 73 of the principal Act:

                  Liability of vehicle owners and expiation of certain offences

                        73A. (1) In this section—

                        "owner", in relation to a vehicle, includes—

                        (a)           a person registered or recorded as an owner of the vehicle under a law of this State or of the Commonwealth or another State or Territory of the Commonwealth; and

                        (b)           a person to whom a trade plate, a permit or other authority has been issued under the Motor Vehicles Act 1959 or a similar law of the Commonwealth or another State or Territory of the Commonwealth, by virtue of which the vehicle is permitted to be driven on roads; and

                        (c)           a person who has possession of the vehicle by virtue of the hire or bailment of the vehicle;

                        "prescribed offence" means an offence against a provision of this Act prescribed by regulation for the purposes of this definition;

                        "principal offender" means a person who has committed a prescribed offence.

                        (2) Without derogating from the liability of any other person, but subject to this section, if a vehicle is involved in a prescribed offence, the owner of the vehicle is guilty of an offence and liable to the same penalty as is prescribed for the principal offence and the expiation fee that is fixed for the principal offence applies in relation to an offence against this section.

                        (3) Where there are two or more owners of the same vehicle a prosecution for an offence against subsection (2) may be brought against one of the owners or against some or all of the owners jointly as co-defendants.

                        (4) The owner of a vehicle and the principal offender are not both liable through the operation of this section to be convicted of an offence arising out of the same circumstances, and consequently conviction of the owner exonerates the principal offender and conversely conviction of the principal offender exonerates the owner.

                        (5) An expiation notice or expiation reminder notice given under the Expiation of Offences Act 1996 to the owner of a vehicle for an alleged offence against this section involving the vehicle must be accompanied by a notice inviting the owner, if he or she was not the principal offender, to provide the person specified in the notice, within the period specified in the notice, with a statutory declaration—

                        (a)           setting out the name and address of the principal offender; or

                        (b)           if he or she had transferred ownership of the vehicle to another prior to the time of the alleged offence and, in the case of a motor vehicle defined by section 5(1) of the Road Traffic Act 1961, has complied with the Motor Vehicles Act 1959 in respect of the transfer—setting out details of the transfer (including the name and address of the transferee).

                  (6) Before proceedings are commenced against the owner of a vehicle for an offence against this section involving the vehicle, the complainant must send the owner a notice—

                        (a)           setting out particulars of the alleged prescribed offence; and

                        (b)           inviting the owner, if he or she was not the principal offender, to provide the complainant, within 21 days of the date of the notice, with a statutory declaration setting out the matters referred to in subsection (5).

                  (7) Subsection (6) does not apply to—

                        (a)           proceedings commenced where an owner has elected under the Expiation of Offences Act 1996 to be prosecuted for the offence; or

                        (b)           proceedings commenced against an owner of a vehicle who has been named in a statutory declaration under this section as the principal offender.

                  (8) Where a person is found guilty of, or expiates, a prescribed offence or an offence against this section, neither that person nor any other person is liable to be found guilty of, or to expiate, an offence against this section or a prescribed offence in relation to the same incident.

                  (9) Subject to subsection (10), in proceedings against the owner of a vehicle for an offence against this section, it is a defence to prove—

                        (a)           that, in consequence of some unlawful act, the vehicle was not in the possession or control of the owner at the time of the alleged prescribed offence; or

                        (b)           that—

                           (i)         the driver or operator of the vehicle was not the principal offender or one of the principal offenders; and

                           (ii)         the owner does not know and cannot reasonably be expected to know the identity of the principal offender or of any one of the principal offenders; or

                        (c)           that, at the time of the alleged prescribed offence, the vehicle was being used for a commercial purpose; or

                        (d)           that the owner provided the complainant with a statutory declaration in accordance with an invitation under this section.

                  (10) The defence in subsection (9)(d) does not apply if it is proved that the owner made the declaration knowing it to be false in a material particular.

                  (11) If—

                        (a)           an expiation notice is given to a person named as the alleged principal offender in a statutory declaration under this section; or

                        (b)           proceedings are commenced against a person named as the alleged principal offender in such a statutory declaration,

                           the notice or summons, as the case may be, must be accompanied by a notice setting out particulars of the statutory declaration that named the person as the alleged principal offender.

                  (12) In proceedings against a person named in a statutory declaration under this section for the offence to which the declaration relates, it will be presumed, in the absence of proof to the contrary, that the person was the principal offender.

                  (13) In proceedings against the owner or the principal offender for an offence against this Act, an allegation in the complaint that a notice was given under this section on a specified day will be accepted as proof, in the absence of proof to the contrary, of the facts alleged.

                  (14) A vehicle will be taken to be involved in a prescribed offence for the purposes of subsection (2) if it was used in, or in connection with, the commission of the offence.

                  (15) Without limiting subsection (14), a vehicle will be taken to be used in connection with the commission of an offence if it is used to convey the principal offender or equipment, articles or other things used in the commission of the offence to the place where, or to the general area in which, the offence was committed.

 

No. 8.   Page 12 (clause 28) - After line 8 insert new paragraph as follows:

                        (ab)         by inserting the following subsection after subsection (2a):

                        (2b) A regulation may require compliance with a specified code of practice, standard or other document as in force at a specified time or as in force from time to time.

 

No. 9.   Page 12 - After line 13 insert new clause as follows:

                  Insertion of s. 81

                  28A. The following section is inserted after section 80 of the principal Act:

                        Codes of practice, etc.

                        81. Subject to this Act, where a code of practice, standard or other document is incorporated into or referred to in this Act, the regulations or a permit granted under this Act—

                        (a)           a copy of the code, standard or other document must be kept available for inspection by members of the public, without charge and during normal office hours, at an office determined by the Minister; and

                        (b)           evidence of the contents of the code, standard or other document may be given in any legal proceedings by production of a copy of a document apparently certified by or on behalf of the Minister to be a true copy of the code, standard or other document.

 

J M Davis CLERK OF THE LEGISLATIVE COUNCIL

 

         Ordered - That the amendments be taken into consideration forthwith.


 

In Committee

 

         Resolved - That the amendments of the Legislative Council be agreed to.

 

____________

 

         The House having resumed:

Hon D C Wotton reported that the Committee had considered the amendments referred to it and had agreed to the same without amendment.

 

         Statutes Amendment and Repeal (Attorney-General’s Portfolio) Bill                                                                                 Message No 104

MR SPEAKER – The Legislative Council has agreed to Amendment No 1 in the Statutes Amendment and Repeal (Attorney-General’s Portfolio) Bill with the amendment indicated in the annexed Schedule, has disagreed to Amendment No 2 for the reason indicated by the annexed Schedule and has made a necessary Consequential Amendment to the Bill. The Legislative Council returns the Bill herewith and desires its reconsideration.

         Legislative Council, 13 July 2000                                                J C Irwin, PRESIDENT

 

Schedule of the amendment made by the Legislative Council

 

House of Assembly’s Amendment No. 1 –

 

New Clause, page 5 - After line 16 insert new clause as follows:

Amendment of s. 7 – Application for compensation

      10A.  Section 7 of the principal Act is amended by inserting after subsection (9) the following subsection:

            (9aa) The court must not, however, make an order for compensation in favour of a victim if the injury to the victim occurred while the victim was engaged in behaviour constituting an offence against a person or property (or both) or was trespassing on land or premises with the intention of committing such an offence.

 

Legislative Council’s Amendment thereto –

 

That the Legislative Council agree with Amendment No. 1 made by the House of Assembly with the following amendment:

            Leave out new subclause (9aa) and insert:

                  (9aa) The court must not make an order for compensation in favour of a claimant if the court -

            (a)  is satisfied beyond reasonable doubt that the injury to the claimant occurred while the claimant was engaged in conduct constituting an indictable offence; and

            (b)  is satisfied on the balance of probabilities that the claimant's conduct contributed materially to the risk of injury to the claimant.

                  (9aab) Subsection (9aa) does not apply if the claimant has been acquitted of the offence.

                  (9aac) Despite subsection (9aa), the court may make an order for compensation in favour of a claimant if the court is of the opinion that in the circumstances of the particular claim failure to compensate would be unjust.

            Amendment of s. 8—Proof and evidence

            10B. Section 8 of the principal Act is amended by striking out from subsection (1) "Subject to this section" and substituting "Subject to this Act".

 


Schedule of Amendment No. 2 made by the House of Assembly

and disagreed to by the Legislative Council

 

House of Assembly’s Amendment No. 2 -

New Clause, page 5 - After line 32 insert new clause as follows:

Amendment of s. 11 – Payment of compensation, etc. by the Attorney-General

      11A.  Section 11 of the principal Act is amended by inserting after subsection (3) the following subsection:

            (3a) However, the Attorney-General must not make an ex gratia payment to a victim if the injury to the victim occurred while the victim was engaged in behaviour constituting an offence against a person or property (or both) or was trespassing on land or premises with the intention of committing such an offence.

 

Schedule of the Reason for disagreeing to Amendment No. 2

 

Because of the inappropriate policy directions.

 

Schedule of the necessary Consequential Amendment to the Bill

 

            Clause 2, page 4, line 9—Leave out "Parts 5 and 10" and insert:

                        Section 11 and Part 10

 

J M Davis CLERK OF THE LEGISLATIVE COUNCIL

 

         Ordered - That the amendments be taken into consideration forthwith.

 

In Committee

 

         Resolved - That the amendment to Amendment No 1 be agreed to.

         Resolved – That Amendment No 2 be not insisted on.

         Resolved – That the consequential amendment be agreed to.

 

____________

 

         The House having resumed:

Hon D C Wotton reported that the Committee had considered the Message referred to it and had agreed to the Legislative Council’s amendment to Amendment No 1 without amendment, had not insisted on Amendment No 2 and had agreed to the consequential amendment made by the Legislative Council.

 

         Recreational Greenways Bill                                                      Message No 105

MR SPEAKER – The Legislative Council has agreed to the Bill returned herewith, titled an Act to provide for the establishment and maintenance of trails for recreational walking, cycling, horse riding, skating or other similar purpose; to make a related amendment to the Development Act 1993; and for other purposes, with the amendments indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

         Legislative Council, 13 July 2000                                                J C Irwin, PRESIDENT

 

Schedule of the amendments made by the Legislative Council

 

No. 1.   Page 4 (clause 3) - After line 15 insert the following definition:

                  "cycling" does not include the use of a motor cycle;

 

No. 2.   Page 7, line 10 (clause 6) - After "State" insert:

                  and in a newspaper circulating in the area in which it is proposed to establish the greenway

 


No. 3.   Page 9 (clause 11) - After line 16 insert new subclause as follows:

            (6) The following provisions apply in relation to a greenway over land that forms part of a pastoral lease but is not a public access route within the meaning of section 45 of the Pastoral Land Management and Conservation Act 1989:

                  (a)  a person is not entitled to have access to or use the greenway without first giving the lessee oral or written notice of his or her intention to enter and use the greenway; and

                  (b)  a person is not entitled to travel on the greenway by means of a horse (even if the purpose of the greenway is recreational horse riding) without the consent of the Minister for the time being administering the Pastoral Land Management and Conservation Act 1989 or the lessee.

 

J M Davis CLERK OF THE LEGISLATIVE COUNCIL

 

         Ordered - That the amendments be taken into consideration forthwith.

 

In Committee

 

         Resolved - That the amendments of the Legislative Council be agreed to.

 

____________

 

         The House having resumed:

Hon D C Wotton reported that the Committee had considered the amendments referred to it and had agreed to the same without amendment.

 

33      Adjournment

         House adjourned at 2.48 am until Tuesday 15 August at 2.00 pm.

 

____________

 

         Present during the day - All Members.

 

 

 

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

 

      Division No 1 -

            Ayes - Ms Breuer and Mrs Geraghty.

               Noes - Hon R L Brokenshire and Mr Venning.

 

      Division No 2 -

            Ayes - Ms Breuer and Mrs Geraghty.

            Noes - Hon R L Brokenshire and Mr Venning.

 

      Division No 3  -

            Ayes - Ms Breuer.

            Noes - Mr Venning.

 

 

 

 

                                                                                                            J K G Oswald

                                                                                                            SPEAKER

 

G D Mitchell

CLERK OF THE HOUSE OF ASSEMBLY

 

 


EXTRACT FROM THE GOVERNMENT GAZETTE, 13 JULY 2000

 

Department of the Premier and Cabinet

Adelaide, 13 July 2000

 

His Excellency the Governor directs it to be notified for general information that he has in the name and on behalf of Her Majesty The Queen, this day assented to the undermentioned Acts passed by the Legislative Council and the House of Assembly in Parliament assembled, viz.:

 

No 36 of 2000 – An Act to regulate professional or public boxing or martial art events; to promote safety in boxing and martial arts; and for other purposes.

No 37 of 2000 – An Act to amend the South Australian Motor Sport Act 1984.

No 38 of 2000 – An Act to amend the Renmark Irrigation Trust Act 1936.

No 39 of 2000 – An Act to amend the Criminal Law Consolidation Act 1935.

No 40 of 2000 – An Act for the appropriation of money from the Consolidated Account for the financial year ending on 30 June 2001.

No 41 of 2000 – An Act to amend the Superannuation Act 1988.

No 42 of 2000 – An Act to amend the Alice Springs to Darwin Railway Act 1997 and to make related amendments to the Railways (Operation and Access) Act 1997.

No 43 of 2000 – An Act to amend the Fair Trading Act 1987, the Land and Business (Sale and Conveyancing) Act 1994, the Prices Act 1948 and the Trade Standards Act 1979.

No 44 of 2000 – An Act to amend the Juries Act 1927.

No 45 of 2000 – An Act to amend the Water Resources Act 1997.

No 46 of 2000 – An Act to amend the Native Title (South Australia) Act 1994.

No 47 of 2000 – An Act to amend the History Trust of South Australia Act 1981 and to make a related amendment to the Parliament (Joint Services) Act 1985.

 

                                                                   By command,

MARK BRINDAL, for Premier

 

EXTRACT FROM THE GOVERNMENT GAZETTE, 20 JULY 2000

 

Department of the Premier and Cabinet

Adelaide, 20 July 2000

 

His Excellency the Governor directs it to be notified for general information that he has in the name and on behalf of Her Majesty The Queen, this day assented to the undermentioned Acts passed by the Legislative Council and the House of Assembly in Parliament assembled, viz.:

 

No 48 of 2000 – Highways (Miscellaneous) Amendment Act 2000 – An Act to amend the Highways Act 1926.

No 49 of 2000 – Statutes Amendment and Repeal (Security and Order at Courts and Other Places) Act 2000 – An Act to amend the Sheriff’s Act 1978, the Courts Administration Act 1993 and the Ombudsman’s Act 1972, and to repeal the Law Courts (Maintenance and Order) Act 1928.

No 50 of 2000 – Forest Property Act 2000 – An Act to encourage commercial investment in forest property; to amend the Real Property Act 1886; and for other purposes.

No 51 of 2000 – Electricity (Pricing Order and Cross-ownership) Amendment Act 2000 – An Act to amend the Electricity Act 1996.

No 52 of 2000 – Cremation Act 2000 – An Act to regulate the cremation of human remains; to repeal the Cremation Act 1891; and for other purposes.

No 53 of 2000 – Appropriation Act 2000 – An Act for the appropriation of money from the Consolidated Account for the year ending on 30 June 2001 and for other purposes.

No 54 of 2000 – Summary Offences (Searches) Amendment Act 2000 – An Act to amend the Summary Offences Act 1953 and to make a related amendment to the Criminal Law (Forensic Procedures) Act 1998.

No 55 of 2000 – Liquor Licensing (Miscellaneous) Amendment Act 2000 – An Act to amend the Liquor Licensing Act 1997.

No 56 of 2000 – Southern State Superannuation (Contributions) Amendment Act 2000 – An Act to amend the Southern State Superannuation Act 1994.

No 57 of 2000 – Statutes Amendment and Repeal (Attorney-General’s Portfolio) Act 2000 – An Act to amend the Associations Incorporation Act 1985; the Correctional Services Act 1982; the Crimes at Sea Act 1998; the Criminal Injuries Compensation Act 1978; the Criminal Law Consolidation Act 1935; the Criminal Law (Forensic Procedures) Act 1998; the Criminal Law (Sentencing) Act 1988; the Election of Senators Act 1903; the Environment, Resources and Development Court Act 1993; the Evidence Act 1929; the Expiation of Offences Act 1996; the Magistrates Court Act 1991; the Real Property Act 1886; the wills Act 1936; and the Young Offenders Act 1993; and to repeal the Australian Acts (Request) Act 1999.

No 58 of 2000 - South Australian Forestry Corporation Act 2000 – An Act to provide for the management of public plantation forests; to establish the South Australian Forestry Corporation; to amend the Forestry Act 1950 and the Local Government (Forestry Reserves) Act 1944; and for other purposes.

 

                                                                   By command,

MARK BRINDAL, for Premier

 

EXTRACT FROM THE GOVERNMENT GAZETTE, 27 JULY 2000

 

Department of the Premier and Cabinet

Adelaide, 27 July 2000

 

His Excellency the Governor directs it to be notified for general information that he has in the name and on behalf of Her Majesty The Queen, this day assented to the undermentioned Acts passed by the Legislative Council and the House of Assembly in Parliament assembled, viz.:

 

No 59 of 2000 – Racing (Controlling Authorities) Amendment Act 2000 – An Act to amend the Racing Act 1976; and to make consequential amendments to the Gaming Supervisory Authority Act 1995.

No 60 of 2000 – Petroleum Act 2000 – An Act to regulate exploration for, and the recovery or commercial utilisation of, petroleum and certain other resources; to repeal the Petroleum Act 1940; and for other purposes.

No 61 of 2000 – Recreational Greenways Act 2000 – An Act to provide for the establishment and maintenance of trails for recreational walking, cycling, horse riding, skating or other similar purpose; and to make a related amendment to the Development Act 1993; and for other purposes.

No 62 of 2000 – National Parks and Wildlife (Miscellaneous) Amendment Act 2000 – An Act to amend the National Parks and Wildlife Act 1972.

 

                                                                   By command,

MARK BRINDAL, for Premier

 

 


 

EXTRACT FROM THE GOVERNMENT GAZETTE, 3 AUGUST 2000

 

Department of the Premier and Cabinet

Adelaide, 3 August 2000

 

His Excellency the Governor directs it to be notified for general information that he has in the name and on behalf of Her Majesty The Queen, this day assented to the undermentioned Act passed by the Legislative Council and the House of Assembly in Parliament assembled, viz.:

 

No 63 of 2000 Ground Water (Qualco-Sunlands) Control Act 2000 – An Act to reduce the risk of waterlogging and salinisation of land and increased levels of salinity in the River Murray caused by the irrigation of land in the Qualco-Sunlands irrigation area; to make a related amendment to the Irrigation Act 1994; and for other purposes.

 

                                                                   By command,

MARK BRINDAL, for Premier

 

 

CONSTITUTION ACT 1934 SECTION 6(1): PROROGATION OF PARLIAMENT AND DATE FIXED FOR COMMENCEMENT OF THE FOURTH SESSION OF THE FORTY-NINTH PARLIAMENT

 

Proclamation by The Governor

(L.S.) E. J. NEAL

 

PURSUANT to section 6(1) of the Constitution Act 1934 and with the advice and consent of the Executive Council, I –

                     (a) prorogue the Parliament of South Australia; and

   (b) fix 4 October 2000 as the day on which the fourth session of the Forty-ninth Parliament will commence.

 

Given under my hand and the Public Seal of South Australia, at Adelaide, 10 August 2000.

 

                                                                                       By command,

                                                                                      MARK BRINDAL, for Premier