No 44

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

TUESDAY 19 NOVEMBER 2002

 

 

1       Meeting of House

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

 

2       Message from the Governor

The following Message from the Governor was received and read:

 

         Assent to Bills                                                                             Message No 12

The Governor informs the House of Assembly that, in the name and on behalf of Her Majesty The Queen, the following Acts were assented to during the Second Session of the 50th Parliament, viz.-

No. 22 of 2002       An Act to amend the Gas Pipelines Access (South Australia) Act 1997.

No. 23 of 2002       An Act to amend the Legal Services Commission Act 1977.

No. 24 of 2002       An Act to amend the Criminal Law Consolidation Act 1935 and the Criminal Law (Sentencing) Act 1988.

No. 25 of 2002       An Act to amend the Cooperatives Act 1997.

No. 26 of 2002       An Act to amend the Criminal Law Consolidation Act 1935; to repeal the Secret Commissions Act 1920; and to make related amendments to other Acts.

No. 27 of 2002       An Act to amend the Parliamentary Committees Act 1991.

No. 28 of 2002       An Act to amend the Criminal Law Consolidation Act 1935.

No. 29 of 2002       An Act to amend the Constitution Act 1934 and to make related amendments to the Oaths Act 1935 and the Parliamentary Remuneration Act 1990.

No. 30 of 2002       An Act to amend the Classification (Publications, Films and Computer Games) Act 1995.

               No. 31 of 2002      An Act to amend the Gaming Machines Act 1992.

Government House, 19 November 2002                   M Jackson-Nelson, GOVERNOR

 

3       Petition No 59

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

 

59   Hon R B Such, from 103 residents of South Australia, requesting the House oppose         increases in the rent and the cost of free-holding of Crown Leases and provide a period of grace before any increases come into effect.

 

4       Papers

         The following Papers were tabled:

 

By the Speaker –

      Ombudsman – Report 2001-2002 (Paper No 76)

      District Council of Barunga West – Report 2001-2002

 

 

By the Premier (Hon M D Rann) –

      Premier and Cabinet, Department of – Report 2001-2002

      Commissioner for Public Employment, Office for – Report 2001-2002

 

By the Treasurer (Hon K O Foley) –

      South Australian Government Captive Insurance Corporation – Report 2001-2002

 

      Regulations under the following Act -

Public Corporations –

            Bio Innovation Board

            Children’s Performing Arts Co

            Adelaide International Film Festival

 

By the Minister for Government Enterprises (Hon P F Conlon) –

      SA Water – Report 2001-2002

 

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

      Rules of Court –

District Court Act - Rules of Court – Error Corrected

Supreme Court Act – Rules of Court – Anomalies

 

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

      Regulations under the following Acts -

Liquor Licensing – Dry Areas –

Adelaide

Adelaide – Year Extension

City of Marion

Clare

Victor Harbor – New Year

Prices – Unsold Bread

 

By the Minister for Health (Hon L Stevens) –

      Food Act – Department of Human Services – Report 2001-2002

      Pharmacy Board of South Australia – Report 2001-2002

 

      Regulations under the following Act -

                  Controlled Substances – Weight control

 

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

   Bookmark Biosphere Trust - Report 2001-2002

   Correctional Services, Department for - Report 2001-2002

   Dog Fence Board, South Australia – Report 2001-2002

   Environment and Heritage, Department for – Report 2001-2002

   Environment Protection Authority - Report 2001-2002

   Reserve Planning and Management Advisory Committee – Report 2001-2002

   South Australian Victoria Border Groundwaters Agreement Review Committee – Report 2001-2002

   State Heritage Authority – Report 2001-2002

   Water, Land and Biodiversity Conservation, Department of - Report 2001- 2002

   Waste to Resources Committee (WRC) - Report 2001-2002

   Water Well Drilling Committee – Report 2001-2002

   Wildlife Advisory Committee – Report 2001 -2002

 

By the Minister for Gambling (Hon J D Hill) –

      Independent Gambling Authority – Report 2001-2002

      Liquor and Gambling Commissioner, Office of – Gaming Machines Act – Report 2001-2002

 

      Regulations under the following Act -

                  Authorised Betting Operations – Clubs Duty Payment


 

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

      Ageing, Office of- Department of Human Services – Report 2001-2002

      Charitable and Social Welfare Fund (Community Benefit SA) – Report 2001-2002

      Guardianship Boards of South Australia – Report 2001-2002

      Public Advocate, Office of – Report 2001-2002

 

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

      SAIIR Rail Regulation – Report 2001-2002

      Transport, Urban Planning and the Arts, Department of – Report 2001-2002

 

      Regulations under the following Acts -

                  Air Transport (Route Licensing – Passenger Services) – Administrative Process

                  Harbors and Navigation –Fleurieu Reef

                  Motor Vehicles – Accident Towing Roster Vacancies

 

By the Minister for Tourism (Hon J D Lomax-Smith) –

      Adelaide Convention Centre – Report 2001-2002

      Adelaide Entertainment Centre – Report 2001-2002

      Dairy Authority of South Australia – Report 2001-2002

      South Australian Sheep Advisory Group – Report 2001-2002

      South Australian Tourism Commission – Report 2001-2002

      Veterinary Surgeons Board of South Australia – Report 2001-2002

 

      Regulations under the following Acts -

Aquaculture – Framework

Fisheries –

Coorong Corf

Fleurieu Reef

Northern Zone Rock Lobster

Veterinary Surgeons – Fees Increase

 

By the Minister for Urban Development and Planning (Hon J W Weatherill) –

      Local Government Finance Authority – Report 2001-2002

      Development Act - Coastal Strip Plan Amendment Report

 

By the Minister for Local Government (Hon J W Weatherill) –

      Regulations under the following Act -

                  Local Government –

                        Local Government Superannuation Board – Family Law

                        Local Government – By-laws –

                           City of Victor Harbor

No 1- Permits and Penalties

No 2 - Moveable Signs

No 3– Local Government Land

No 4 - Roads

No 5 - Dogs

No 6 –Vehicles Kept or Let For Hire

No 7 –Nuisances Caused By Building Sites

                           Alexandrina Council

No 1- Permits and Penalties

No 2 - Moveable Signs

No 3– Local Government Land

No 4 - Roads

No 5 - Dogs

No 6 – Nuisances Caused by Building Sites

 

By the Minister for Administrative Services (Hon J W Weatherill) –

      Regulations under the following Act -

                  Freedom of Information – Essential Services Commission

 

5       Select Committee on Genetically Modified Organisms

Mr McEwen brought up the Interim Report (Paper No. 195).

Report received.

 

Ordered - That consideration of the Interim Report be an Order of the day for tomorrow.

 

6       Questions

Questions without notice were asked.

 

7       Grievance debate

On motion of the Speaker, the House noted grievances.

 

8       Postponement of business

Ordered - That Order of the Day: Government Business No 1 be postponed on motion.

 

9       Suspension of Standing Orders

The Premier, without notice, moved - That Standing Orders be so far suspended as to enable the introduction of a Bill forthwith.

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

 

         Constitution (Ministerial Offices) Amendment Bill

The Premier, pursuant to order, moved - That he have leave to introduce a Bill for an Act to amend the Constitution Act 1934.

Question put and passed.

         Bill presented and read a first time.

 

         The Premier moved - That this Bill be now read a second time.

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

 

10      Postponement of business

Ordered - That Order of the Day: Government Business No 2 be postponed and taken into consideration tomorrow.

 

11      Postponement of business

Ordered - That Order of the Day: Government Business No 3 be postponed and taken into consideration on motion.

 

12      Training and Skills Development Bill

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

 

In Committee

 

                                                            Clause No 2 further considered and agreed to.

                                                            Clauses Nos 3 to 35 agreed to.

                                                            Clause No 36 read.

Mr Brindal moved on, page 25, line 14 - after "certified agreement" to insert:

      or an Australian workplace agreement


 

         Question put.

         Committee divided (No 1):

 

           Ayes, 21

 

           Noes, 25

Mr Brindal (Teller)

Hon M J Atkinson

Mr Brokenshire

Ms Bedford

Hon D C Brown

Ms Breuer

Hon M R Buckby

Mr Caica

Ms Chapman

Ms Ciccarello

Hon I F Evans

Hon P F Conlon

Mr Goldsworthy

Hon K O Foley

Hon G M Gunn

Mrs Geraghty

Mrs Hall

Mr Hanna

Mr Hamilton-Smith

Hon J D Hill

Hon R G Kerin

Hon S W Key

Hon D C Kotz

 

 

 

 

 

 

Mr Koutsantonis

Hon I P Lewis

Hon J D Lomax-Smith (Teller)

Hon W A Matthew

Ms Maywald

Dr McFetridge

Mr McEwen

Mr Meier

Mr O'Brien

Mrs Penfold

Ms Rankine

Mrs Redmond

Hon M D Rann

Mr Scalzi

Mr Rau

Mr Venning

Mr Snelling

Mr Williams

Hon L Stevens

 

Ms Thompson

 

Hon J W Weatherill

 

Hon P L White

 

Hon M J Wright

 

         So it passed in the negative.

 

                                                            Clause agreed to.

                                                            Clauses Nos 37 to 45 agreed to.

                                                            Clause No 46 amended and agreed to.

                                                            Clauses Nos 47 to 57 agreed to.

                                                            Schedules Nos 1 and 2 agreed to.

                                                            Title agreed to.

____________

 

         The House having resumed:

Hon R B Such reported that the Committee had considered the Bill referred to it and had agreed to the same with an amendment.

 

Bill read a third time and passed.

 

13      Messages from the Legislative Council

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

 

         Ombudsman (Honesty and Accountability in Government) Amendment Bill     

                                                                                                                        Message No 52

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Ombudsman 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, 19 November 2002                                            R R Roberts, PRESIDENT


 

Schedule of the amendments made by the Legislative Council

 

No. 1.   Page 3 – After line 6 insert new clause as follows:

                        Amendment of long title

            2A. The long title of the principal Act as amended by striking out “departments       of the Public Service and other authorities” and substituting “agencies”.

No. 2.   Page 5 (clause 3) – After line 11 insert new subsection as follows:

(3a) A regulation under subsection (3)(a) cannot take effect unless it has been laid before both Houses of Parliament and-

(a)                             no motion for disallowance of the regulation is moved within the time for such a motion; or

(b)                             every motion for disallowance of the regulation has been defeated or withdrawn, or has lapsed.

 

JM Davis CLERK OF THE LEGISLATIVE COUNCIL

 

         Ordered - That the amendments be taken into consideration on motion.

 

         Statutes Amendment (Corporations-Financial Services Reform) Bill      Message No 53

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Authorised Betting Operations Act 2000, the Broken Hill Proprietary Company’s Indenture Act 1937, the Broken Hill Proprietary Company’s Steel Works Indenture Act 1958, the Casino Act 1997, the Cooperatives Act 1997, the Corporations (Ancillary Provisions) Act 2001, the Liquor Licensing Act 1997, the Motor Vehicles Act 1959, the Racing (Proprietary Business Licensing) Act 2000 and the Stamp Duties Act 1923, without any amendment.

         Legislative Council, 19 November 2002                                            R R Roberts, PRESIDENT

 

14      Stamp Duties (Gaming Machines Surcharge) Amendment Bill

Order of the Day read for the consideration of the suggested amendments of the Legislative Council in this Bill.

 

In Committee

 

         Resolved – That the suggested amendments be agreed to.

 

____________

 

         The House having resumed:

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

 

 

15      Statutes Amendment (Road Safety Reforms) Bill

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

Debate resumed.

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

 

16      Extension of time for adjournment

Ordered, on motion of the Minister for Transport - That the time for moving the adjournment of the House be extended beyond 10.00 pm.

Question put and passed.

 

17      Criminal Law (Forensic Procedures) (Miscellaneous) Amendment Bill

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

Debate resumed.

Ordered, on motion of the Attorney-General, that the debate be further adjourned until tomorrow.

 

18      Adjournment

House adjourned at 11.30 pm until tomorrow at 2.00 pm.

 

____________

 

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

 

      For Wednesday 20 November 2002

 

Notice of Motion: Government Business -

 

      The Minister for Education and Children’s Services to move – That she have leave to introduce a Bill for an Act to amend the Education Act 1972.

 

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

 

      Dr McFetridge to move – That he have leave to introduce a Bill for an Act to amend the Prevention of Cruelty to Animals Act 1985.

 

      For Thursday 21 November 2002

 

Notices of Motion: Other Motions -

 

      Hon M R Buckby to move – That this House congratulates the Northern Districts State Emergency Services Unit on 40 years of service to the community in the northern suburbs and South Australia.

 

      Mrs Geraghty to move – That this House congratulates Lleyton Hewitt on becoming the first Australian to successfully defend the year-end No 1 world ranking and the seventh player overall to achieve this feat after winning the Tennis Masters Cup for the second consecutive year in Shanghai last week.

 

      For Thursday 28 November 2002

 

Notice of Motion -

 

      Mr Hamilton-Smith to move – That this House commends the South Australian Tourism Commission for the outstanding success of the recent 2002 Adelaide Rose Festival and congratulates the organisers, competitors, volunteers and other participants, including the South Australian Police and Ambulance Services and other agencies, and calls on the Government to continue funding support for the Adelaide Rose Festival in future years to build on this success.

 

____________

 

 

Present during the day - All Members.

 

 

 

 

 

                                                                                                                        Peter Lewis

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY