No. 43

 

                                                     VOTES AND PROCEEDINGS

 

                                                                      OF THE

 

                                                         HOUSE OF ASSEMBLY

 

                                                                                                                                  ____________

 

 

                                                                             TUESDAY 7 MARCH 1995

 

 

 1         Meeting of House

                  The House met pursuant to adjournment.  The Speaker (Hon. G.M. Gunn) took the Chair and read prayers.

 

2         Messages from the Governor

                  The following Messages from the Governor were received and read:

 

            Petroleum Products Regulation Bill - Recommending                                                      Message No. 17

                  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 Petroleum Products Regulation Bill 1995.

                  Government House, 7 March 1995                                                                                                               R.F. Mitchell, GOVERNOR

 

            Assent to Bills                                                                                                                                                                                Message No. 18

                  The Governor informs the House of Assembly that, in the name and on behalf of Her Majesty The Queen, the following Acts have been assented to during the present Session, viz. -

                  No. 1 of 1995 - An Act to provide for the establishment of a National Environment Protection Council; for related purposes; and to amend the Environment Protection Act 1993.

                  No. 2 of 1995 - An Act to amend the Dog Fence Act 1946.

                  No. 3 of 1995 - An Act to amend the Government Financing Authority Act 1982.

                  No. 4 of 1995 - An Act to amend the State Government Insurance Commission Act 1992.

                  Government House, 7 March 1995                                                                                                               R.F. Mitchell, GOVERNOR

 

3         Conference -  Consumer Credit (Credit Providers) Amendment and Second-hand Vehicle Dealers Bills

                  The Treasurer (Hon. S.J. Baker) reported as follows:

                  I have to report that the Managers have been at the Conference on the Bills, which was managed on the part of the Legislative Council by the Attorney-General Hon. K.T. Griffin and Honourables S.M. Kanck, R.D. Lawson, J.A.W. Levy and B.J. Wiese and we there received from the Managers on behalf of the Legislative Council the Bills and the following resolution adopted by that House -

 

                  That the disagreement to the amendments of the House of Assembly be insisted on. 

                 

                  Thereupon the Managers for the two Houses conferred together and it was agreed that we should recommend to our respective House that-

 

Consumer Credit ( Credit Providers) Amendment Bill 1994

 

                  As to Amendment No. 1:

                  That the Legislative Council do not further insist on its disagreement thereto.

 

                  That the House of Assembly make the following consequential amendment and the Legislative Council agree thereto:

 

                  Clause 6, page 2, after line 17—Insert the following lines:

            27. Definition In this Part—

                  "District Court" means the Administrative and Disciplinary Division of the District Court.

 

                  As to Amendments Nos. 2 to 5:

                  That the Legislative Council do not further insist on its disagreement thereto.

 

                  That the House of Assembly make the following consequential amendment and the Legislative Council agree thereto:

 

                  Clause 6, page 3, after line 17—Insert the following lines:

            30A. Participation of assessors in disciplinary proceedings In any proceedings under this Part, the District Court will, if the judicial officer who is to preside at the proceedings so determines, sit with assessors selected in accordance with the schedule.

 

                  As to Amendments Nos. 6 to 13:

                  That the Legislative Council do not further insist on its disagreement thereto.

 

                  As to Amendment No. 14:

                  That the House of Assembly do not further insist on its amendment but make the following amendment in lieu thereof:

                  New clause, page 5, after line 17—Insert new clause as follows:

            8A. Amendment of s. 60A—Relief against civil consequences of non-compliance with this Act Section 60A of the principal Act is amended—

                  (a)     by striking out from subsection (1) "to the Tribunal" and substituting "under this section";

                  (b)     by inserting after subsection (1) the following subsection:

                              (1a)  An application may be made under subsection (1)—

                                                      (a)     to the District Court;

                                                      (b)     if the contravention or failure to comply with the provisions of this Act is the subject of disciplinary proceedings under Part III—to the Administrative and Disciplinary Division of the District Court as part of those proceedings.;

                                                      (c)     by striking out from subsection (3) "Tribunal" and substituting "District Court";

                                                      (d)     by striking out from subsection (4) "Tribunal" and substituting "District Court";

                                                      (e)     by striking out from subsection (5) "Tribunal" and substituting "District Court";

                                                      (f)      by striking out from subsection (9) "Tribunal" and substituting "District Court".

 

                  That the House of Assembly make the following consequential amendment and the Legislative Council agree thereto:

 

                  New clause, page 5, after line 20—Insert new clause as follows:

            10. Insertion of schedule The schedule set out in schedule 1 is inserted after section 61 of the principal Act.

 

                  That the House of Assembly make the following consequential amendment and the Legislative Council agree thereto:

 

                  New schedule, after page 5—Insert:

SCHEDULE 1

Schedule to be inserted in principal Act

SCHEDULE

Appointment and Selection of Assessors for District Court


 

                  (1)      The Minister must establish a panel of persons who may sit as assessors consisting of persons representative of credit providers.

                  (2)     The Minister must establish a panel of persons who may sit as assessors consisting of persons representative of members of the public who deal with credit providers.

                  (3       )A member of a panel is to be appointed by the Minister for a term of office not exceeding three years and on conditions determined by the Minister and specified in the instrument of appointment.

                  (4       )A member of a panel is, on the expiration of a term of office, eligible for reappointment.

                  (5)     Subject to subclause (6), if assessors are to sit with the District Court in proceedings under Part III, the judicial officer who is to preside at the proceedings on the complaint must select one member from each of the panels to sit with the Court in the proceedings.

                  (6)     A member of a panel who has a personal or a direct or indirect pecuniary interest in a matter before the Court is disqualified from participating in the hearing of the matter.

                  (7)      If an assessor dies or is for any reason unable to continue with any proceedings, the Court constituted of the judicial officer who is presiding at the proceedings and the other assessor may, if the judicial officer so determines, continue and complete the proceedings.

 

                  As to Amendment No. 15:

                  That the House of Assembly do not further insist on its amendment but make the following amendment in lieu thereof:

                  Schedule, page 6, line 7—Leave out "Commercial Tribunal" and insert "Administrative and   Disciplinary Division of the District Court".

 

Second-hand Vehicle Dealers Bill 1994

 

                  As to Amendment No. 1:

                  That the Legislative Council do not further insist on its disagreement thereto.

 

                  As to Amendment No. 2:

                  That the House of Assembly do not further insist on its amendment but make the following amendment in lieu thereof:

 

                  Clause 10, page 5, line 27—Leave out "Tribunal" and insert "District Court".

 

                  And that the Legislative Council agree thereto.

 

                  As to Amendments Nos. 3 to 9:

                  That the Legislative Council do not further insist on its disagreement thereto.

 

                  As to Amendment No. 10:

                  That the House of Assembly do not further insist on its amendment.

 

                  As to Amendment No. 11:

                  That the Legislative Council do not further insist on its disagreement thereto.

 

                  As to Amendments Nos. 12 and 13:

                  That the House of Assembly do not further insist on its amendments.

 

                  As to Amendments Nos. 14 and 15:

                  That the House of Assembly do not further insist on its amendments but make the following amendment in lieu thereof:

 

                  Clause 24, page 17, lines 20 to 22—Leave out these lines.

 

                  And that the Legislative Council agree thereto.

 

                  As to Amendments Nos. 16 to 21:

                  That the Legislative Council do not further insist on its disagreement thereto.

 

                  Amendment No. 22:

                  That the House of Assembly do not further insist on its amendment.

 

                  Amendment No. 23:

                  That the Legislative Council do not further insist on its disagreement thereto.

 

                  As to Amendment No. 24:

                  That the House of Assembly do not further insist on its amendment but make the following amendment in lieu thereof:

 

                  Clause 27, page 22, line 26—Leave out "Tribunal" and insert "Magistrates Court".

 

                  And that the Legislative Council agree thereto.

 

                  As to Amendments Nos. 25 to 33:

                  That the Legislative Council do not further insist on its disagreement thereto.

 

                  As to Amendment No. 34:

                  That the House of Assembly do not further insist on its amendment but make the following amendment in lieu thereof:

 

                  Clause 32, page 25, line 4—Leave out "Except as expressly provided by the Act" and insert "Subject to this section".

 

                  And that the Legislative Council agree thereto.

 

                  As to Amendment No. 35:

                  That the House of Assembly do not further insist on its amendment but make the following amendment in lieu thereof:

 

                  Clause 32, page 25, line 7—Leave out "expressly provided by this Act" and insert "authorised by this section".

 

                  And that the Legislative Council agree thereto.

 

                  As to Amendment No. 36:

                  That the House of Assembly do not further insist on its amendment but make the following amendments in lieu thereof:

 

                  Clause 33, page 25, line 33 and page 76, lines 1 to 4—Leave out "make one or more of the following orders:" and paragraphs (a), (b) and (c) and insert "order that the dealer compensate the purchaser for any disadvantage suffered by the purchaser as a result of the purchase of the vehicle".

 

                  Clause 33, page 26, after line 4—Insert—

                  (7)      Rules of Court may be made under the Magistrates Court Act 1991 regulating procedures with respect to applications for compensation under subsection (6).

 

                  And that the Legislative Council agree thereto.

 

                  As to Amendment No. 37:

                  That the House of Assembly do not further insist on its amendment.

 

           


                  As to Amendments Nos. 38 to 41:

                  That the Legislative Council do not further insist on its disagreement thereto.

 

                  As to Amendment No. 42:

                  That the House of Assembly do not further insist on its amendment but make the following amendment in lieu thereof:

 

                  Page 32—Insert schedules as follows:

 


                                                                                         SCHEDULE 3

                                                                                    Second-hand Motor Vehicles Compensation Fund

 

                  1. Second-hand Motor Vehicles Fund continues The Second‑hand Vehicles Compensation Fund                continues and will continue to be administered by the Commissioner.

                  2.        Claim against Fund (1) This clause applies to a claim—

                              (a)     rising out of or in connection with the sale or purchase of a second-hand vehicle before or after the commencement of this Act; or

                              (b)     rising out of or in connection with a transaction with a dealer before or after the commencement of this Act.

                              (2)     If the Magistrates Court, on application by a person who purchased a second-hand vehicle from a dealer, is satisfied that—

                                          (a)     the Commercial Tribunal or a court has made an order for the payment by the dealer of a sum of money to the purchaser; and

                                          (b)     the purchaser has no reasonable prospect of recovering the amount specified in the order (except under this schedule),

                  the Court may authorise payment of compensation to the purchaser out of the Fund.

                  (3)     If the Magistrates Court, on application of a person not being a dealer who has—

(a)     purchased a second‑hand vehicle from a dealer; or

(b)     sold a second‑hand vehicle to a dealer; or

(c)     left a second‑hand vehicle in a dealer's possession to be offered for sale by the dealer on behalf of the person,

                  is satisfied that—

                              (a)     the person has, apart from this Act, a valid unsatisfied claim against the dealer arising out of or in connection with the transaction; and

                              (b)     the person has no reasonable prospect of recovering the amount of the claim (except under this schedule),

                  the Court may authorise payment of compensation to that person out of the Fund.

            3. Management of  Fund (1) The following amounts will be paid into the Fund:

                  (a)     contributions required to be paid under clause 4; and

                  (b)     amounts recovered by the Commissioner under clause 5; and

                  (c)     amounts paid from the Consolidated Account under subclause (3); and

                  (d)     amounts derived from investment under subclause (5).

                  (2)     The following amounts will be paid out of the Fund:

                              (a)     an amount authorised by the Court under clause 2; and

                              (b)     any expenses certified by the Treasurer as having been incurred in administering the Fund (including expenses incurred in insuring the Fund against possible claims); and

                              (c)     any amount required to be paid into the Consolidated Account under subclause (4).

                  (3)     Where the Fund is insufficient to meet an amount that may be authorised to be paid under clause 2, the Minister may, with the approval of the Treasurer, authorise the payment of an amount specified by the Minister out of the Consolidated Account which is appropriated by this clause to the necessary extent.

                  (4)     The Minister may authorise payment from the Fund into the Consolidated Account of an amount paid into the Fund from the Consolidated Account if the Minister is satisfied that the balance remaining in the Fund will be sufficient to meet any amounts that may be authorised to be paid under clause 2.


                  (5)     Any amounts standing to the credit of the Fund that are not immediately required for the purposes of this Act may be invested in a manner approved by the Minister.

                  (4)     Licensed dealers may be required to contribute to Fund            (1) Each licensed dealer must pay to the Commissioner for payment into the Fund such contribution as the licensee is required to pay under the regulations.

                  (2)     If a licensee fails to pay a contribution within the time allowed for payment by the regulations, the licence is suspended until the contribution is paid.

                  5. Right of Commissioner where claim allowed On payment out of the Fund of an amount authorised by the Magistrates Court, the Commissioner is subrogated to the rights of the person to whom the payment was made in respect of the order or claim in relation to which the payment was made.

                  6. Accounts and audit (1) The Commissioner must cause proper accounts of receipts and payments to be kept in relation to the Fund.

                  (2)     The Auditor‑General may at any time, and must at least once in every year, audit the accounts of the Fund.

                  7. Expiry of schedule This schedule will expire on a day fixed by regulation for that purpose.

 

                                                                                         SCHEDULE 4

                                                                                                       Repeal and Transitional Provisions


 

                  Repeal

                  1.         The Second-hand Motor Vehicles Act 1983 ("the repealed Act") is repealed.

                  Licensing

                  2.        A person who held a licence as a dealer under the repealed Act immediately before the commencement of this Act will be taken to have been licensed as a dealer under this Act.

                  Registered premises

                  3.        Premises registered in the name of a dealer under the repealed Act immediately before the commencement of this Act will be taken to have been registered in the dealer's name under this Act.

                  Duty to repair

                  4.        A duty to repair that arose under Part IV of the repealed Act continues as if it were a duty to repair under this Act.

                  Disciplinary matters

                  5.        Where an order or decision of the Commercial Tribunal is in force or continues to have effect under Division III of Part II of the repealed Act immediately before the commencement of this Act, the order or decision has effect as if it were an order of the District Court under Part 5 of this Act.

                  Application of Second-hand Motor Vehicles Fund at end of claims

                  6.        When the Minister is satisfied that no more valid claims can be made which may require payment out of the Second-hand Motor Vehicles Fund, any amount remaining to the credit of the Fund may—

(a)     be paid to an organisation representing the interests of dealers; or

(b)     be otherwise dealt with,

                  as the Minister thinks fit.

 

                  And that the House of Assembly makes the following consequential amendments and the Legislative Council agree thereto:

 

            1.        Clause 3, page 2, after line 2—Insert the following definition:

                  "District Court" means the Administrative and Disciplinary Division of the District Court;".

            2.       Clause 3, page 2, after line 4—Insert the following definition:

                  "Magistrates Court" means the Civil (Consumer and Business) Division of the Magistrates Court;".

            3.       Clause 8, page 4, after line 24—Insert—

                              (2)     An applicant for a licence must provide the Commissioner with any information required by the Commissioner for the purposes of determining the application.

            4.       Clause 16, page 9, line 29—Before "dealer" (first occurring) insert "other".

            5.       New clause, page 21, after line 32—Insert—

                    25A. Participation of assessors in proceedings In any proceedings under this Part, the Magistrates Court will, if the judicial officer who is to preside at the proceedings so determines, sit with assessors selected in accordance with schedule 1.

            6.       New clause, page 23, after line 19—Insert—

                    29A. Participation of assessors in disciplinary proceedings In any proceedings under this Part, the District Court will, if the judicial officer who is to preside at the proceedings so determines, sit with assessors selected in accordance with schedule 2.

            7.        Clause 32, page 25, after line 5—Insert—

                              (1a)  A person of or above the age of 18 years who proposes to purchase a second-hand vehicle may, in accordance with the regulations, waive a right conferred by this Act in relation to the proposed purchase of the vehicle.

            8.       Clause 32, page 25, after line 11—Insert—

                              (4)     A dealer must not exhibit or otherwise publish a statement, notice or advertisement in connection with a second‑hand vehicle—

                                          (a)     to the effect that sale of the vehicle is conditional on the purchaser waiving a right conferred by this Act; or

                                          (b)     in such manner as to induce a prospective purchaser of the vehicle to waive such a right.

                                          Penalty:  Division 5 fine.

                              (5)     A contract for the sale of a second‑hand vehicle conditional on the purchaser taking steps in accordance with the regulations to waive a right conferred by this Act is void.

            9.       Clause 36, page 26, after line 34—Insert—

                              (2a) The Commissioner may not delegate any of the following for the purposes of the agreement:

                                                      (a)     functions or powers under Part 2;

                                                      (b)     power to request the Commissioner of Police to investigate and report on matters under this Part;

                                                      (c)     power to commence a prosecution for an offence against this Act.

            10.    Clause 52, page 30, after line 22—Insert—

                              (ba) provide for the exclusion, limitation, modification or waiver of rights conferred by this Act;.

            11.     New schedules, after page 31—Insert—

 

                                                                                         SCHEDULE 1

                                                                  Appointment and Selection of Assessors for Magistrates Court

 

                  (1)      The Minister must establish the following panels of persons who may sit with the Magistrates Court as assessors in proceedings under Part 4:

                              (a)     a panel consisting of persons representative of dealers;

                              (b)     a panel consisting of persons representative of members of the public who deal with dealers.

                  (2)     A member of a panel is to be appointed by the Minister for a term of office not exceeding three years and on conditions determined by the Minister and specified in the instrument of appointment.

                  (3)     A member of a panel is, on the expiration of a term of office, eligible for reappointment.

                  (4)     Subject to subclause (5), if assessors are to sit with the Magistrates Court in proceedings under Part 4, the judicial officer who is to preside at the proceedings must select one member from each of the panels to sit with the Court in the proceedings.

                  (5)     A member of a panel who has a personal or a direct or indirect pecuniary interest in a matter before the Magistrates Court is disqualified from participating in the hearing of the matter.

                  (6)     If an assessor dies or is for any reason unable to continue with any proceedings, the Magistrates Court constituted of the judicial officer who is presiding at the proceedings and the other assessor may, if the judicial officer so determines, continue and complete the proceedings.


 

                                                                                         SCHEDULE 2

                                                                         Appointment and Selection of Assessors for District Court

 

                  (1)      The Minister must establish the following panels of persons who may sit with the District Court as assessors in proceedings under Part 5:

                              (a)     a panel consisting of persons representative of dealers;

                              (b)     a panel consisting of persons representative of members of the public who deal with dealers.

                  (2)     A member of a panel is to be appointed by the Minister for a term of office not exceeding three years and on conditions determined by the Minister and specified in the instrument of appointment.

                  (3)     A member of a panel is, on the expiration of a term of office, eligible for reappointment.

                  (4)     Subject to subclause (5), if assessors are to sit with the District Court in proceedings under Part 5, the judicial officer who is to preside at the proceedings must select one member from each of the panels to sit with the Court in the proceedings.

                  (5)     A member of a panel who has a personal or a direct or indirect pecuniary interest in a matter before the District Court is disqualified from participating in the hearing of the matter.

                  (6)     If an assessor dies or is for any reason unable to continue with any proceedings, the District Court constituted of the judicial officer who is presiding at the proceedings and the other assessor may, if the judicial officer so determines, continue and complete the proceedings.

            12.    New schedule, after new schedule 4—Insert—

 


                                                                                         SCHEDULE 5

                                                                                               Amendment of Magistrates Court Act 1991

 

                              The Magistrates Court Act 1991 is amended—

                              (a)     by inserting after the definition of "minor civil action" in section 3(1) the following definition:

                                          "minor statutory proceeding" means—

                                          (a)     an application under the Fences Act 1975; or

                                          (b)     an application under Part 4 of the Second-Hand Vehicle Dealers Act 1995;or

                                          (c)     any other proceeding declared by statute to be a minor statutory proceeding;;

                              (b)     by striking out paragraph (c) of section 3(2)  and substituting the following paragraph:

                                          (c)     a minor statutory proceeding.;

                              (c)     by striking out subsection (4) of section 3 and substituting the following subsection:

                                          (4) If a neighbourhood dispute or a minor statutory proceeding involves—

                                          (a)     a monetary claim for more than $5,000; or

                                          (b)     a claim for relief in the nature of an order to carry out work where the value of the work is more than $5,000,

                                          a party may elect, in accordance with the rules, to exclude the dispute or proceeding from the rules governing minor civil actions1, and in that case, the dispute or proceeding ceases to be a minor civil action.

                                                                                    1. See Division 2 of Part 5.

                              (d)     by striking out Division 2 of Part 2 (comprising section 7) and substituting the following Division:

 

                                                                                   DIVISION 2—

                                                            STRUCTURE AND CONSTITUTION OF COURT

 

                            7. Divisions of Court (1) The Court is divided into the following Divisions—

                                                      (a)     the Civil (General Claims) Division;

                                                      (b)     the Civil (Consumer and Business) Division;

                                                      (c)     the Civil (Minor Claims) Division;

                                                      (d)     the Criminal Division.

                                          (2) The Court is, in its Criminal Division, a court of summary jurisdiction.

            7A. Constitution of Court (1) Subject to this section, the Court, when sitting to adjudicate on any matter must be constituted of a Magistrate.

                  (2)     If there is no Magistrate available to constitute the Court, the Court may be constituted of two Justices or a Special Justice.

                  (3)     The Court may, at any one time, be separately constituted in accordance with this section for the hearing and determination of any number of separate matters.

            7B. Assessors If an Act conferring a jurisdiction on the Court in its Civil (Consumer and Business) Division provides that the Court is to sit with assessors in exercising that jurisdiction, then the following provisions apply:

                  (a)     the Court will (except for the purpose of dealing with interlocutory, procedural or administrative matters) sit with assessors selected in accordance with the Act conferring the jurisdiction;

                  (b)     where the Court sits with assessors—

                              (i)      questions of law or procedure will be determined by the judicial officer presiding at the proceedings; and

                              (ii)    other questions will be determined by majority opinion.

                  (e)     by inserting after subsection (1) of section 10 the following subsection:

                              (1a) The Court, in its Civil (Consumer and Business) Division, has—

                              (a)     jurisdiction to hear and determine an application under Part 4 or schedule 3 of the Second‑hand Vehicle Dealers Act 1995; and

                              (b)     any other jurisdiction conferred on that Division by statute.

                  (f)      by inserting "(other than a statutory jurisdiction specifically assigned by or under another Act to a particular Division of the Court)" after "statutory jurisdiction" in section 10(2);

                  (g)     by striking out section 15 and substituting the following section:

            15. Exercise of procedural and administrative powers of Court  A Registrar or Justice may—

                  (a)     issue summonses and warrants on behalf of the Court;

                  (b)     adjourn proceedings before the Court;

                  (c)     exercise any procedural or non-judicial powers assigned by the rules.

            13.    Long title, page 1, line 7—After "1983;" insert "to amend the Magistrates Court Act 1991;".

 

                  Ordered - That the recommendations of the Conference be taken into consideration on motion.

 

4         Petitions Nos 147 to 150

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

 

                  147    Hon. H. Allison, from 388 residents of South Australia, requesting that the House urge the Government not to restrict net fishing on the Nene Valley coastline.

 

                  148   Mrs Greig, from 446 residents of South Australia, requesting that the House urge the Government to establish programs so that equality is achieved for women.

 

                  149   Mrs Hurley, from 970 residents of South Australia, requesting that the House urge the Government to reconsider its decision to cancel free student bus travel.

 

                  150   Mrs Hurley, from 2 residents of South Australia, requesting that the House urge the Government to reject any move to increase Housing Trust rentals to market levels, oppose any increase in rentals for pensioners and welfare recipients beyond CPI and maintain the role of the South Australian Housing Trust as a provider of quality public housing.

 

5         Answers to questions

                  Answers to questions on the Notice Paper Nos 157, 159, 168, 170 and 176  and questions without notice were tabled by the Speaker.

 

6         Papers

                  The following Papers were tabled:

                  By the Deputy Premier (Hon. S.J. Baker) -

                              Administration and Probate Act 1919 - Regulations - Fees

                              Friendly Societies Act 1919 - Independent Order of Rechabites Salford Unity - General Laws

 

                  By the Minister for Industrial Affairs (Hon. G.A. Ingerson) -

                              Occupational Health, Safety and Welfare Act - Regulations - Principal

 

                  By the Minister for Housing, Urban Development and Local Government Relations (Hon. J.K.G. Oswald) representing the Minister for Industry, Manufacturing, Small Business and Regional Development  -

                              Motor Vehicles Act - Regulations - Left Hand Drive Vehicles

 

                  By the Minister for Health (Hon. M.H. Armitage) -

                              Guardianship and Administration Act - Regulations - The Board

                              Mental Health Act- Regulations - Forms

 

                  By the Minister for Housing, Urban Development and Local Government Relations -

                              Corporation of the City of Campbelltown - By-law No. 15 - Moveable Signs

 

                  By the Minister for Primary Industries (Hon. D.S. Baker) -

                              Dried Fruits Board of South Australia - Report, 1993-94

                              Meat Hygiene Act - Regulations - Code of Practice

 

                  By the Minister for Emergency Services (Hon. W.A. Matthew) -

                              Police Assessment of Contemporary Prostitution and Current Prostitution Laws

 

                  By the Minister for Employment, Training and Further Education (Hon. R.B. Such) -

                              Industrial and Commercial Training Act - Regulations - Variation of Schedule 1.

 

7          Public Works Committee - Adelaide Magistrates Court Redevelopment - Report

                  Mr Ashenden brought up the Report of the Committee relating to the Adelaide Magistrates Court Redevelopment .

                  Report received.

                  Ordered to be printed (Paper No. 195).

 

8         Questions

                  Questions without notice were asked.

                  Ordered - That the period for asking questions without notice be extended by five minutes.

                  Questions without notice resumed.

 

9         Grievance debate

                  The Speaker proposed - That the House note grievances.

                  Debate ensued.

                  Question put and passed.

 

10       Conference -  Consumer Credit (Credit Providers) Amendment and Second-hand Vehicle Dealers Bills

                  Ordered - That the recommendations of the Conference on these Bills be now taken into consideration.

                  Ordered - That the Speaker do now leave the Chair and the House resolve itself into a Committee of the Whole for the consideration of the recommendations of the Conference.

 

                                                                                      In Committee

                  Resolved  - That the recommendations of the Conference be agreed to.

 

------------------

 

                 
            The House having resumed:

                  Mr Bass reported that the Committee had considered the recommendations of the Conference  and had agreed to the same.

 

11        Postponement of business

                  Ordered - That Orders of the Day: Government Business Nos 1 to 3 be postponed and taken into consideration after Order of the Day: Government Business No. 8.

 

12       Postponement of business

                  Ordered - That Order of the Day: Government Business No. 4 to be postponed and taken into consideration after Order of the Day: Government Business No.6.

 

13       Petroleum Products Regulation 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 14 agreed to.

                                                                                                Clause No. 15 read.

                  Mr Quirke moved on page 10, after line 1 to insert new subclause as follows:

                  (3)     The Minister -

                              (a)     is, in making a decision in respect of an application, bound by any recommendation made by the person or body to which the matter has been referred under this Part that the application should be refused; and

                              (b)     may not decide that an application should be refused unless in receipt of a recommendation to that effect from a person or body to which the matter has been so referred.

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

                                                                                                Clause agreed to.

                                                                                                Clauses Nos 16 to 64 agreed to.

                                                                                                Schedules 1 to 4 agreed to.

                                                                                                Title agreed to.

                                                                                                                                  ____________

 

                  The House having resumed:

                  Hon. H. Allison reported that the Committee had considered the Bill referred to it and had agreed to the same without amendment.

 

                  Bill read a third time and passed.

 

14       Superannuation Funds Management Corporation of South Australia 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 and 2 agreed to.

                                                                                                Clause No. 3 amended and agreed to.

                                                                                                Clauses Nos 4 to 8 agreed to.

                                                                                                Clauses Nos 9 to 11 amended and agreed to.

                                                                                                Clauses Nos 12 to 38 agreed to.

                                                                                                Clause No. 39 amended and agreed to.

                                                                                                Schedules 1 and 2 agreed to.

                                                                                                Title agreed to.

 

                                                                                                                                  ____________

 

                  The House having resumed:

                  Hon. H. Allison 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       Extension of sitting

                  The Deputy Premier moved - That the sitting of the House be extended beyond 6.00 p.m.

                  Question put and passed.

 

16       Real Property (Witnessing and Land Grants) 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.

                  By leave, House proceeded to the third reading.

 

                  Bill read a third time and passed.

 

17        Message from the Legislative Council

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

 

            Retail Shop Leases Bill                                                                                                                                                     Message No. 86

                  MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act regulating the leasing of certain retail shops; to amend the Landlord and Tenant Act 1936 and the Magistrates Court Act 1991; and for other purposes, to which it desires the concurrence of the House of Assembly.

                              The Legislative Council draws the attention of the House of Assembly to clause 31, printed in erased type, which clause, being a money clause, cannot originate in the Legislative Council, but which is deemed necessary to the Bill.

                  Legislative Council, 7 March 1995                                                                                                              H.P.K. Dunn, PRESIDENT

 

                  Bill read a first time.

                  Ordered - That the second reading be an Order of the Day for tomorrow.

 

18       Adjournment

                  The Deputy Premier moved - That the House do now adjourn.

                  Debate ensued.

                  Question put and passed.

                  House adjourned at 6.34 p.m. until tomorrow at 2.00 p.m.

 

 

                                                                                                                                  ____________

 

 


                                                                 MOTIONS WHICH NOTICE WAS GIVEN

 

For Wednesday 8 March 1995

            Notices of Motion: Government Business-

 

The Treasurer to move - That he have leave to introduce a Bill for an Act to provide for access to pipelines for the haulage of natural gas; and for other purposes.

 

The Treasurer to move - That he have leave to introduce a Bill for an Act to amend the Pipelines Authority Act 1967.

 

The Minister for Industrial Affairs to move - That he have leave to introduce a Bill for an Act to amend the Construction Industry Long Service Leave Act 1987.

 

For Thursday 9 March 1995

            Notices of Motion: Private Members Bills/Committees/Regulations-

 

Mr Quirke to move - That he have leave to introduce a Bill for an Act to provide for the administration of medical procedures to assist the death of patients who are terminally ill, and who have requested the procedures subject to appropriate safeguards.

 

Mr Ashenden to move - That the Report of the Public Works Committee on the Adelaide Magistrates Court Redevelopment, be noted.

 

                                                                                                                                  ____________

 

 

                  Present during the day - All Members except Mr Foley, Hon. J.W. Olsen and Hon. D.C. Wotton.

 

 

 

 

 

 

 

 

                                                                                                                                                                                                                                                G.M. Gunn

                                                                                                                                                                                                                                                SPEAKER

 

G.D. Mitchell

CLERK OF THE HOUSE OF ASSEMBLY