No 43

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

MONDAY 18 NOVEMBER 2002

 

 

1       Meeting of House

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

 

2       Death of Sir Walter Crocker KBE, CBE, Croix De Guerre (Fr), Ordre du Lion (Belg)

The Deputy Premier (Hon K O Foley), by leave, moved - That the House of Assembly expresses its deep regret at the death of Sir Walter Crocker KBE, CBE, Croix De Guerre (Fr), Ordre du Lion (Belg), former Lieutenant-Governor of South Australia, and places on record its appreciation of his distinguished service; and as a mark of respect to his memory the sitting of the House be suspended until the ringing of the bells.

And being supported by the Leader of the Opposition, Hon M J Wright, Hon D C Brown, Mrs Hall and the Speaker:

Motion carried in silence; Members rising in their places.

 

3       Suspension and resumption of sitting

At 2.25 pm the sitting of the House was suspended.

At 2:35 pm the Speaker resumed the Chair.

 

4       Petitions Nos 51 to 58

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

 

51   The Attorney-General (Hon M J Atkinson), from 393 residents of South Australia, requesting that the House pass legislation providing for the prosecution of child sexual abuse offences committed before 1982.

 

52   The Minister for Environment and Conservation (Hon J D Hill), from 24 residents of South Australia, requesting that the House support the proposed Myponga wind-farm.

 

53   Ms Bedford, from 63 residents of South Australia, requesting the House support the passage of legislation to remove provisions from all State legislation which discriminate against people in same sex relationships.

 

54   Ms Geraghty, from 10 residents of South Australia, requesting the House to reconfirm its resolution of 17 February 1993 to dedicate space in the House of Assembly Chamber for two tapestries commemorating the centenary of women’s suffrage.

 

55   Hon D C Kotz, from 745 electors of South Australia, requesting the House to call on the Government to categorically declare that Modbury Public Hospital will not be closed, amalgamated or any current services withdrawn.

 

56   Hon D C Kotz, from 118 residents of South Australia, requesting the House to refrain from passing legislation to extend shop trading hours.

 

57   Hon D C Kotz, from 42 electors of South Australia, requesting the House to review cuts made to the Adult and Community Education Funding Scheme with a view to urging the Government to reinstate these important social inclusion programs.

 

58   Hon D C Kotz, from 24 residents of South Australia, requesting the House to reject voluntary euthanasia legislation and to uphold the present law of homicide, maintain the right of patients to refuse treatment and support palliative care procedures.

 

5       Answers to questions

Answers to questions on the Notice Paper Nos 10, 44, 64, 83 & 116 and questions without notice were tabled by the Speaker.

 

6       Papers

         The following Papers were tabled:

 

By the Speaker –

      City of Burnside – Report 2001-2002

 

By the Attorney-General (Hon M J Atkinson) –

      Attorney-General’s Department Incorporating the Department of Justice – Report 2001-2002

      Criminal Law (Undercover Operations) Act – Section 5 – Report 2001-2002

      Legal Practitioners Conduct Board – Report 2001- 2002

      Legal Practitioners Guarantee Fund, Claims Against – Report 2001-2002

      Listening Devices Act 1972 – Vide Section 6b(1)(c), Warrants – Report 2001-2002

      Public Trustee – Report 2002-2002

      South Australian Equal Opportunity Commission – Report 2001-2002

      State Electoral Office – Statistical Returns, South Australian General Election – 9 February 2002

      Suppression Orders, Pursuant to Section 71 of the Evidence Act 1929 – Report 2001-2002

      Telecommunications (Interception) Act 1988 – Vide Section 6(c), Warrants – Report 2001-2002

 

By the Minister for Consumer Affairs (Hon M J Atkinson) –

      Commissioner for Consumer Affairs – Report 2001-2002

 

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

      Radioactive Waste Repository, EIS - Correspondence (from Hon J D Hill MP) to Hon Dr David Kemp MP - dated 22 October 2002

 

By the Minister for Transport (Hon M J Wright) –

            Passenger Transport Board – Report 2001-2002

      Salisbury Level Crossing – Interim Report to Minister for Transport – November 2002

      TransAdelaide – Report 2001-2002.

 

By the Minister for Social Justice (Hon S W Key) –

      Julia Farr Redevelopment - Correspondence - from Department of Human Services to Chief Executive Officer, Julia Farr Service - dated 19 July 2002

 

7       Questions

Questions without notice were asked.

 

8       Grievance debate

On motion of the Speaker, the House noted grievances.

 

9       Select Committee on Genetically Modified Organisms - Extension of time for bringing up       Report

Order of the Day read for bringing up the Report of the Select Committee on Genetically Modified Organisms.

Ordered - on motion of the Minister for Health (Hon L Stevens) - That the time for bringing up the Report be extended until 17 February 2003.

 

10      Select Committee on the Crown Lands (Miscellaneous) Amendment Bill - Extension of            time for bringing up Report

Order of the Day read for bringing up the Report of the Select Committee on the Crown Lands (Miscellaneous) Amendment Bill.

Ordered - on motion of the Minister for Local Government (Hon J W Weatherill) - That the time for bringing up the Report be extended until 26 November 2002.

 

11      Postponement of business

Ordered - That Orders of the Day: Government Business Nos 3 to 10 be postponed and taken into consideration after Order of the Day: Government Business No 11.

 

12      South Australian Metropolitan Fire Service (Fire Prevention) 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.

 

         Proceeded, by leave, to the third reading.

         Bill read a third time and passed.

 

13      Postponement of business

Ordered - That Orders of the Day: Government Business Nos 3 to 8 be postponed until tomorrow.

 

14      Training Skills Development Bill

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

Debate resumed.

 

15      Extension of sitting

Ordered, on motion of the Minister for Employment, Training and Further Education (Hon J D Lomax-Smith) - That the sitting of the House be extended beyond 6.00 pm.

 

16      Training Skills Development Bill

Debate (interrupted by the foregoing) resumed.

         Question put and passed.

         Bill read a second time.

 

In Committee

 

                                                            Clause No 1 agreed to.

                                                            Clause No 2 read.

         To report progress and ask leave to sit again.

 

____________

 

         The House having resumed:

Ms Thompson 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 tomorrow.

 

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17      Messages from the Legislative Council

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

 

         Law Reform (Delay in Resolution of Personal Injury Claims) Bill           Message No 45

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to provide for the award of damages for the benefit of the dependants or the estate of a deceased person where a person against whom a claim for personal injury lies unreasonably delays resolution of the claim; to amend the Wrongs Act 1936 and the Survival of Causes of Action Act 1940 for that and other purposes, without any amendment.

         Legislative Council, 12 November 2002                                            R R Roberts, PRESIDENT

 

         Holidays (Adelaide Cup and Volunteers Day) Amendment Bill               Message No 46

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Holidays Act 1910, with the amendment indicated by the annexed Schedule, to which amendment the Legislative Council desires the concurrence of the House of Assembly.

         Legislative Council, 12 November 2002                                            R R Roberts, PRESIDENT

 

Schedule of the amendment made by the Legislative Council

 

              Page 4 (clause 7) - After line 27 insert new paragraphs as follow:

              (c)   the area of the City of Port Lincoln; and

             (d)  if a substitution has been made or is to be made in the area of the City of Port Lincoln, the area of—

                    (i)        the District Council of Ceduna; and

                    (ii)       the District Council of Cleve; and

                    (iii)      the District Council of Elliston; and

                    (iv)      the District Council of Franklin Harbour; and

                    (v)       the District Council of Kimba; and

                    (vi)      the District Council of Le Hunte; and

                    (vii)      the District Council of Lower Eyre Peninsula; and

                    (viii)     the District Council of Streaky Bay; and

                    (ix)      the District Council of Tumby Bay.

 

JM Davis CLERK OF THE LEGISLATIVE COUNCIL

 

         Ordered - That consideration of the amendment be an Order of the Day for tomorrow.

 

         Legislation Revision and Publication Bill                                               Message No 47

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to provide for the revision and publication of South Australian legislation; to repeal the Acts Republication Act 1967; to amend the Evidence Act 1929 and the Subordinate Legislation Act 1978; and for other purposes, with the amendment indicated by the annexed Schedule, to which amendment the Legislative Council desires the concurrence of the House of Assembly.

         Legislative Council, 14 November 2002                                            R R Roberts, PRESIDENT

 

Schedule of the amendment made by the Legislative Council

 

              Page 6 (clause 8) - After line 17 insert:

             (6) Legislation must be published under this Act without reference to the Latin regnal year.

 

JM Davis CLERK OF THE LEGISLATIVE COUNCIL

 

         Ordered - That consideration of the amendment be an Order of the Day for tomorrow.


 

         Statutes Amendment (Transport Portfolio) Bill                                       Message No 48

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Civil Aviation (Carriers’ Liability) Act 1962, the Harbours and Navigation Act 1993, the Motor Vehicles Act 1959 and the Road Traffic Act 1961, without any amendment.

         Legislative Council, 14 November 2002                                            R R Roberts, PRESIDENT

 

         Stamp Duties (Gaming Machine Surcharge) Amendment Bill                Message No 49

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Stamp Duties Act 1923, with the suggested amendments indicated by the annexed Schedule, which amendments the Legislative Council requests the House of Assembly to make to the said Bill.

         Legislative Council, 18 November 2002                                            R R Roberts, PRESIDENT

 

Schedule of the suggested amendments made by the Legislative Council

 

No. 1.      Page 3 (clause 3) - After line 13 insert new definition as follows:

                     family group means a group of persons connected by an unbroken series of relationships of consanguinity or affinity;

No. 2.      Page 7, line 1 (clause 3) - Leave out subsection (3) and insert:

(3) However, a transfer does not include—

(a)     a transaction by way of mortgage; or

(b)     a transaction between members of the same family group by way of gift; or

(c)     a transaction between members of the same family group for which there is no consideration of a commercial nature.

No. 3.      Page 7, lines 22 to 27 (clause 3) - Leave out all words after “surcharge if” and       insert:

              (a)     no liability to duty is imposed (apart from this Division) in respect of the transaction (or an instrument by which it is effected); or

              (b)     the transaction is effected by a conveyance that is exempt from ad valorem duty under this Act.

 

JM Davis CLERK OF THE LEGISLATIVE COUNCIL

 

         Ordered - That consideration of the suggested amendments be an Order of the Day for tomorrow.

 

         Statutes Amendment (Stamp Duties and Other Measures) Bill               Message No 50

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Financial Sector (Transfer of Business) Act 1999, the First Home Owners Grant Act 2000, the Pay-roll Tax Act 1971, the Petroleum Products Regulation Act 1995, the Stamp Duties Act 1923 and the Taxation Administration Act 1996, without any amendment.

         Legislative Council, 18 November 2002                                            R R Roberts, PRESIDENT

 

         Statutes Amendment (Attorney-General’s Portfolio) Bill                         Message No 51

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Acts Interpretation Act 1915, the Administration and Probate Act 1919, the Criminal Law (Sentencing) Act 1988, the Domestic Violence Act 1994, the Evidence Act 1929, the Expiation of Offences Act 1996, the Partnership Act 1891, the Real Property Act 1886, the Summary Offences Act 1953, the Trustees Act 1936, the Trustee Companies Act 1988 and the Worker’s Liens Act 1893, without any amendment.

         Legislative Council, 18 November 2002                                            R R Roberts, PRESIDENT


 

18      Adjournment

House adjourned at 6.08 pm until tomorrow at 2.00pm.

 

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Present during the day - All Members except Hon M D Rann and Mr Rau.

 

 

 

 

 

                                                                                                                        Peter Lewis

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY