319

 

 

No. 43

 

 

VOTES AND PROCEEDINGS

 

 

OF THE

 

 

HOUSE OF ASSEMBLY

 

___________

 

 

TUESDAY 5 MARCH 1991

 

 

1          Meeting of House

The House met pursuant to adjournment.  The Speaker (Hon. N.T. Peterson) took the Chair and read prayers.

 

2          Message from the Governor

The following Message from the Governor was received and read:

 

Supply Bill (No. 1) – Recommending                                                                  Message No. 26

The Governor recommends to the House of Assembly the appropriation of such amounts of money as may be required for the purposes mentioned in the Supply Bill (No. 1), 1991.

Government House, Adelaide, 5 March 1991                                      R.F. Mitchell, GOVERNOR

 

3          Petitions Nos 92 to 94

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

 

92    Mr S.J. Baker, from 170 residents of South Australia, requesting that the House urge the Government to undertake a tree planting program in conjunction with the resurfacing of Cross Road.

 

93    Mr Becker, from 72 residents of South Australia, requesting that the House urge the Government not to proceed with the proposed water rating system based on property values.

 

94    Mr Oswald, from 10 102 residents of South Australia, requesting that the House urge the Government not to reduce the blood alcohol concentration limit for fully licenced drivers.

 

4          Answers to questions

Answers to questions on the Notice Paper Nos 189, 190, 255, 442 to 444, 460, 464, 475, 477, 480, 483 and 486 and questions without notice were tabled by the Speaker.

 

5          Electoral District Boundaries Commission ‑ Appointment of Chairman

        The Speaker informed the House that he had received from His Honour the Chief Justice the following letter:


320

 

20 December 1990                                                                                    Chief Justice Chambers

                                                                                                                                    Supreme Court

                                                                                                                                    Adelaide

 

The Hon. N.T. Peterson, M.P.

Speaker of the House of Assembly

Parliament House

North Terrace

ADELAIDE 

 

Dear Mr Speaker

 

Justice Jacobs retired as a judge of the Supreme Court on 6 December 1990. He is therefore no longer eligible to act as Chairman of the Electoral Districts Boundaries Commission.

I am required by section 78 of the Constitution Act 1934 as amended to appoint a judge of the Supreme Court to be Chairman of the Electoral Districts Boundaries Commission.

Subsection (2) of section 78 provides that the judge appointed "should be the most senior puisne judge who is available to undertake the duties of Chairman of the Commission".  The Senior Puisne Judge will be Justice White.  I have therefore appointed Justice White to be Chairman of the Commission.

I have advised the Attorney‑General, the President of the Legislative Council and the Electoral Commissioner for South Australia.

 

Yours sincerely

L.J. King

Chief Justice

 

6          Papers

The following Papers were laid on the Table:

 

By the Premier (Hon. J.C. Bannon) ‑

        National Crime Authority Operation Hydra ‑ Report.

 

By the Minister of Agriculture (Hon. L.M.F. Arnold) ‑

        Australian Agricultural and Veterinary Chemicals Council ‑ Report, 1989‑90.

 

By the Minister of Education (Hon. G.J. Crafter) ‑

        National Crime Authority ‑ Report, 1989‑90.

        Local and District Criminal Courts Act, 1926 ‑ Local Courts Rules ‑  Defaults.

 

By the Minister of Transport (Hon. F.T. Blevins) ‑

        Metropolitan Taxi‑Cab Board ‑ Issue of Licences, February 1991.

 

By the Minister for Environment and Planning (Hon. S.M. Lenehan) ‑

        Clean Air Act, 1984 ‑ Regulations ‑ Elizabeth and Kensington and Norwood Backyard Burning.

        Planning Act, 1982 ‑ Regulation ‑ Development Applications.


321

 

By the Minister of Occupational Health and Safety (Hon. R.J. Gregory) ‑

        South Australian Occupational, Health and Safety Commission ‑ Codes of Practice ‑

                        Safe Handling of Timber Preservatives and Treated Timber.

                        Safe Use of Synthetic Mineral Fibres.

        Occupational, Health and Safety Act, 1986 ‑ Regulations ‑ Safe Use of Synthetic Mineral Fibres.

 

By the Minister of Employment and Further Education (Hon. M.D. Rann) ‑

        Technical and Further Education Act, 1975 ‑ Regulation ‑ Private College  Licensing.

        Public Parks Act, 1943 ‑ Disposal of Parklands ‑ West Beach.

        The Flinders University of South Australia ‑ By‑law ‑ Parking Expiation Fee.

        Corporation of Tea Tree Gully ‑ By‑laws‑

                No. 1 ‑  Permits and Penalties.

                No. 2 ‑  Streets and Public Places.

 

7          Questions

Questions without notice were asked.

 

8          Limitation of debate

The Deputy Premier (Hon. D.J. Hopgood) moved ‑ That the time allotted for completion of the:

                Wrongs Act Amendment Bill;

                Road Traffic Act Amendment Bill (No. 4);

                Physiotherapists Bill;

                Statutes Amendment (Water Resources) Bill;  and

                Native Vegetation Bill,

        be until 6.00 p.m. on Thursday 7 March.

Question put and passed.

 

9          Suspension of Standing Orders

The Minister of Education, without notice, moved ‑ That the Standing Orders           be so far suspended as to enable the introduction of two Bills without notice, forthwith.

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

 

10       Royal Commissions (Summonses and Publication of Evidence) Amendment Bill

The Minister of Education, pursuant to order, moved ‑ That he have leave to introduce a Bill for an Act to amend the Royal Commissions Act 1917.

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 S.J. Baker, that the debate be adjourned until tomorrow.

 

11       Sate Bank of South Australia (Investigations) Amendment Bill

The Minister of Education, pursuant to order, moved ‑ That he have leave to introduce a Bill for an Act to amend the State Bank of South Australia Act 1983.

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 S.J. Baker, that the debate be adjourned until tomorrow.


322

 

12       Abalone Fishery ‑ Motion for Select Committee

The Minister of Fisheries (Hon. L.M.F. Arnold), pursuant to notice, moved ‑ That a Select Committee be established to examine ‑

        (a)   the owner operator policy that applies to the South Australian Abalone Fishery;

        (b)   the potential impact on biological and resource management (including enforcement) requirements for the fishery;

        (c)   equity issues with regard to the distribution of benefits between existing (current licence holders), intergenerational and community interests;

        (d)   application of occupational health and safety standards for employee divers;

        (e)   possible implication of the application of the Workers Compensation and Rehabilitation Act 1986; and

        (f)    any possible implications relaxation of the policy may have on the nature of investment in the fishery.

Ordered, on motion of Mr Meier, that the debate be adjourned until tomorrow.

 

13       Message from the Legislative Council

The following Message from the Legislative Council was received and read:

 

Valuation of Land Act Amendment Bill                                                                              Message No. 76

MR SPEAKER ‑ The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Valuation of Land Act, 1971, with the amendments indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

Legislative Council, 21 February 1991                                                  G.L. Bruce, PRESIDENT

 

Schedule of the amendments made by the Legislative Council

No. 1       Page 1, lines 16 to 21 (clause 3) ‑ Leave out paragraphs (a) and (b) and substitute:‑

'(a)   by striking out from paragraph (b) of the definition of "annual value" in subsection (1) "(other than fruit trees)" and inserting "(other than commercial plantations)" after "planted thereon";

(b)   by striking out from the definition of "capital value" in subsection (1) "(other than fruit trees)" and inserting "(other than commercial plantations)" after "planted thereon";'.

No. 2       Page 2, lines 23 and 24 (clause 7) ‑ Leave out paragraph (a).

No. 3       Page 3, lines 13 to 16 (clause 10) ‑ Leave out the clause.

No. 4       Page 3, lines 17 to 19 (clause 11) ‑ Leave out the clause.

No. 5       Page 4, lines 3 to 5 (clause 15) ‑ Leave out paragraph (a).

No. 6       Page 4, lines 7 to 13 (clause 15) ‑ Leave out subsections (3) and (4) and substitute:‑

"(3) The Valuer‑General must publish information as to land value in such forms as the Valuer‑General thinks appropriate and make publications containing such information available for purchase at prices approved by the Minister.

        (4)   The Valuer‑General must ‑

                (a)   at the request of the owner of land, permit the owner to inspect, free of charge, entries in the valuation roll relating to that land;

                (b)   at the request of any person, and on payment of the prescribed fee, provide that person with information from the valuation roll as to the value of land."

                                                                                    C.H. Mertin, CLERK OF THE LEGISLATIVE COUNCIL


323

 

Ordered ‑ That the Message be taken into consideration tomorrow.

 

14       Select Committee on the Housing Co‑operatives Bill

Order of the Day read for the bringing up of the Report of the Select Committee on the Housing Co‑operatives Bill.

The Minister for Environment and Planning moved ‑ That the time for bringing up the Report of the Select Committee on the Housing Co‑operatives Bill be extended until Thursday 11 April.

Question put and passed.

 

15       Postponement of business

Ordered ‑ That Order of the Day (Government Business) No. 2 be postponed and taken into consideration after Order of the Day (Government Business) No. 3.

 

16       Wrongs Act Amendment Bill

Order of the Day read for the adjourned debate on the question ‑ That the Wrongs Act Amendment Bill be now read a second time.

Debate resumed.

Question put and passed.

 

Bill read a second time.

 

In Committee

                                                    Clause No. 1 agreed to.

                                                    Clause No. 2 amended and agreed to.

                                                    Title agreed to.

___________

 

The House having resumed:

Mr M.J. Evans reported that the Committee had considered the Bill referred  to it and had agreed to the same with an amendment.

 

Bill read a third time and passed.

 

17       Road Traffic Act Amendment Bill (No. 4)

Order of the Day read for the adjourned debate on the question ‑ That the Road Traffic Act Amendment Bill (No. 4) be now read a second time.

Debate resumed.

 

18       Extension of time for adjournment

The Minister of Transport moved ‑ That the time for moving the adjournment of the House be extended beyond 10.00 p.m.

Question put and passed.

 

19       Road Traffic Act Amendment Bill (No. 4)

Debate (interrupted by the foregoing motion) resumed.

Question put and passed.

 

Bill read a second time.

 

In Committee

                                                    Clauses Nos 1 to 3 agreed to.

                                                    Clause No. 4 read.

Mr Ingerson moved on page 1, lines 33 and 34, to leave out paragraph (b).

Question ‑ That the amendment be agreed to ‑ put.


324

 

Committee divided (No. 1):

Ayes, 21.

Hon. H. Allison

Dr Armitage

Hon. P.B. Arnold

Mr D.S. Baker

Mr S.J. Baker

Mr Blacker

Mr Brindal

Hon. J.L. Cashmore

Hon. T. Chapman

Hon. B.C. Eastick

Mr S.G. Evans

Hon. E.R. Goldsworthy

Mrs Kotz

Mr Lewis

Mr Matthew

Mr Meier

Mr Oswald

Mr Such

Mr Venning

Hon. D.C. Wotton

Mr Ingerson (Teller)

 

Noes, 21.

Hon. L.M.F. Arnold

Mr Atkinson

Hon. J.C. Bannon

Hon. G.J. Crafter

Mr De Laine

Mr Ferguson

Hon. R.J. Gregory

Mr Groom

Mr Hamilton

Hon. T.H. Hemmings

Mr Heron

Mr Holloway

Hon. D.J. Hopgood

Mrs Hutchison

Hon. J.H.C. Klunder

Hon. S.M. Lenehan

Mr McKee

Hon. N.T. Peterson

Mr Quirke

Hon. M.D. Rann

Hon. F.T. Blevins (Teller)

 

Casting Vote

The number of Ayes and Noes being equal, the Chairman gave his casting vote for the Ayes.

So it was resolved in the affirmative.

Mr Ingerson moved on page 1, lines 33 and 34, to insert new paragraph as follows:

"(b) by striking out the definition of "prescribed concentration of alcohol" and substituting the following definition:

                        "prescribed concentration of alcohol" means ‑

                (a)   in relation to a person who has not attained 25 years of age ‑ a concentration of .05 grams or more of alcohol in 100 millilitres of blood;

                (b)   in relation to a person who has attained 25 years of age ‑ a concentration of .08 grams or more of alcohol in 100 millilitres of blood."

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

Mr Brindal moved on page 1, after line 32, to insert new paragraph as follows:

"(b) by striking out the definition of "prescribed concentration of alcohol" and substituting the following definition:

        "prescribed concentration of alcohol" means ‑

        (a)   in relation to a person who does not hold a driver's licence ‑ any concentration of alcohol in the blood.

        (b)   in relation to any other person ‑ a concentration of .05 grams or more of alcohol in 100 millilitres of blood."

Question ‑ That the amendment be agreed to ‑ put.


325

 

Committee divided (No. 2):

Ayes, 21.

Hon. H. Allison

Dr Armitage

Hon. P.B. Arnold

Mr D.S. Baker

Mr S.J. Baker

Mr Blacker

Hon. J.L. Cashmore

Hon. T. Chapman

Hon. B.C. Eastick

Mr S.G. Evans

Hon. E.R. Goldsworthy

Mr Ingerson

Mrs Kotz

Mr Lewis

Mr Matthew

Mr Meier

Mr Oswald

Mr Such

Mr Venning

Hon. D.C. Wotton

Mr Brindal (Teller)

 

Noes, 21.

Hon. L.M.F. Arnold

Mr Atkinson

Hon. G.J. Crafter

Mr De Laine

Mr Ferguson

Hon. R.J. Gregory

Mr Groom

Mr Hamilton

Hon. T.H. Hemmings

Mr Heron

Mr Holloway

Hon. D.J. Hopgood

Mrs Hutchison

Hon. J.H.C. Klunder

Hon. S.M. Lenehan

Mr McKee

Hon. N.T. Peterson

Mr Quirke

Hon. M.D. Rann

Hon. J.P. Trainer

Hon. F.T. Blevins (Teller)

 

Casting Vote

The number of Ayes and Noes being equal, the Chairman gave his casting vote for the Ayes because he believed the amendment to be a worthwhile addition to the Bill.

So it was resolved in the affirmative.

                                                    Clause as amended agreed to.

                                                    Clauses Nos 5 to 13 agreed to.

                                                    Clause No. 14 amended and agreed to.

                                                    Clause No. 15 read.

Mr Ingerson moved on page 4, lines 14 to 17, to leave out subsection (2a) and insert in lieu thereof subsections as follow:

"(2a)       A parent or other person having the custody or care of a child under the age of 16 years should take all reasonable steps to ensure that the child wears a safety helmet that complies with the regulations and is properly adjusted and securely fastened at all times while riding or being carried on a cycle.

(2ab)       A person incurs no civil or criminal liability for failing to comply with subsection (2a).";

and after line 23, to insert new subsection as follows:

"(2d)       This section does not apply in relation to a child under the age of 16 years riding or being carried on a bicycle until 6 months after the commencement of section 15 of the Road Traffic Act Amendment Act (No. 4) 1990."

 

At midnight the Chairman of Committees left the Chair.

___________

 

The House having resumed:

Mr M.J Evans reported that the Committee had considered the Bill referred to it and had made progress.


326

 

20       Adjournment

It being midnight the Deputy Speaker adjourned the House until tomorrow at 2.00 p.m.

___________

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

For Wednesday 6 March 1991

            Notice of Motion: Other Business‑‑

 

Mr D.S. Baker to move ‑ That this House urges the Government to widen and clarify the terms of reference of the Royal Commission to ensure proper public accountability of the Government and the Bank and to do so in the following respects ‑

(a)   to transfer clauses A and E of the Auditor‑General's terms of reference to the terms of reference of the Royal Commission;

(b)   to ensure that "off‑balance sheet companies" of any member of the State Bank Group and the transactions in which they were involved are properly investigated;

(c)   to ensure that paragraph 1(d) of the Royal Commissions terms of reference allow the Commission to adequately assess what proposals should have been made and the adequacy of any proposals actually made;

(d)   to ensure that paragraph (d) extends to approvals under section 19(7) of the State Bank of South Australia Act 1983;

(e)   to ensure that the communications referred to in paragraphs 1(d) and (e) include communications between the Government and the State Bank Group;

(f)    to ensure that the Royal Commissioner can consider all of the Auditor‑General's report under paragraph 3 and not only that which is relevant to the terms of reference; and

(g)   to ensure that the responsibility of the officers of the Bank and the Bank Group and that of the Treasurer can be examined under paragraph 3.

 

For Thursday 7 March 1991

            Notice of Motion: Other Business‑‑

 

Mr Blacker to move ‑  That this House calls on the Federal Government to immediately provide a system of guaranteed minimum price to wheat growers to ensure that the acreages of wheat are sown in the coming season; and further, this House also notes with concern the severe consequences of not planting a crop of economic viability and the effects this will have on ‑

        (a)   the farmers equity in land ownership;

        (b)   the rollover of funds within the banking infrastructure;

        (c)   the effects of declining balance of trade figures and export earnings; and

        (d)   the effects of Federal, State and Local Governments' taxing ability.

 

For Thursday 21 March 1991

            Notices of Motion: Other Business‑‑

 

Hon. T.H. Hemmings to move ‑ That this House calls upon the British and Commonwealth Governments to negotiate with the Maralinga People to achieve fair and just compensation for the use of their lands for atomic testing purposes.

 


327

 

Hon. T.H. Hemmings to move ‑ That this House supports moves to establish a World University in South Australia and to promote Adelaide as a national and international centre for further education and training.

___________

 

Present during the day ‑ All the Members except Messrs Becker and Gunn and Hon.               M.K. Mayes.

 

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

 

Division No. 1 ‑

Ayes ‑ Messrs Becker and Gunn.

Noes ‑ Hon. M.K. Mayes and Hon. J.P. Trainer.

 

Division No. 2 ‑

Ayes ‑ Messrs Becker and Gunn.

Noes ‑ Hon. J.C. Bannon and Hon. M.K. Mayes.

 

 

 

 

 

                                                                                                                                                    N.T. Peterson

                                                                                                                                                    SPEAKER

G.D. Mitchell

CLERK OF THE HOUSE OF ASSEMBLY