335

 

 

No. 45

 

 

VOTES AND PROCEEDINGS

 

 

OF THE

 

 

HOUSE OF ASSEMBLY

 

 

THURSDAY 7 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          Postponement of business

Ordered - That Notice of Motion (Other Business) No. 1 be a Notice of Motion for Thursday 4 April.

 

3          Postponement of business

Ordered - That Notice of Motion (Other Business) No. 3 be postponed and taken into consideration after Notice of Motion (Other Business) No. 4.

 

4          Railway Infrastructure - Motion re

Mr Venning, pursuant to notice, moved - That this House supports an immediate moratorium on the removal of any further railway infrastructure in South Australia and calls upon the Minister of Transport to exercise his powers under the Railways Transfer Agreement to take to arbitration any decision by Australian National Railways to diminish the value and efficiency of the rail system.

Ordered, on motion of Mrs Hutchison, that the debate be adjourned until Thursday next.

 

5          Special Premiers Conference - Motion re

Hon. J.L. Cashmore, pursuant to notice, proceeding to move - That this House notes the contents and conclusions of the Communique of the Special Premiers' Conference held in Brisbane in October 1990 and in particular:

(a) agreement on the need for a fundamental review of Commonwealth/State financial arrangements;

(b) an assessment of the distribution of Commonwealth and State Government taxation powers and the need for reduction in tied grants;

(c) the need for reform in the structure and ownership of Government trading enterprises;

(d) rationalisation of regulatory activities undertaken by the different levels of government so as to remove inefficiencies; and

(e) a review of existing services to achieve more integrated and effective delivery of programs and reduction of duplication, and notes the potential benefits to South Australia of such proposals.

Ordered, on motion of Hon. J.L. Cashmore, by leave, that the motion be

 

 

 


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6          Postponement of business

Ordered - severally - 'That Notices of Motion (Other Business) Nos 5 to 13 be Notices of Motion for Thursday next.

 

7          Subordinate Legislation Act - Regulations-Exemptions from Expiration - Motion for disallowance

Mr M.J. Evans, pursuant to notice, proceeding to move - That the Regulations under the Subordinate Legislation Act 1978 relating to Exemptions from Expiration, made on 20 December 1990 and laid on the Table of this House on 12 February 1991, be disallowed.

Ordered, on motion of Mr M.J. Evans, by leave, that the motion be adjourned until Thursday next.

 

8          Wheat Minimum Price - Motion re

Mr Blacker, pursuant to notice, moved - 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.

Debate ensued.

Question put and passed.

 

9          Regional Rail Services - Motion re

Order of the Day read for the adjourned motion of Hon. H. Allison – That this House

(a) deplores the decision by the Commonwealth Minister for Land Transport to close South Australia's regional rail passenger services by the end of 1990;

(b) believes the decision to be in breach of clauses 7 and 9 of the Railways Transfer Agreement,1975;

(c) seeks clarification from the Commonwealth Government about the fate of our regional rail freight services; and

(d) calls on the State Government –

(i)    to employ all possible legal avenues to ensure that South Australia is not reduced to being the only mainland State without regional rail services; and

(ii)   to investigate and confirm long term options for ensuring that regional and rural areas of South Australia have access to efficient and effective passenger and freight transportation services in the future.

Motion resumed.

Ordered, on motion of Mr Hamilton, that the debate be adjourned until Thursday 21 March.

 

10       STA Student Travel-Motion re

Order of the Day read for the adjourned motion of Mr Oswald - That this House calls on the Government to restrict the hours of student free STA travel to those hours which cover legitimate school activities of an educational, sporting and cultural nature.

 

 

 


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Motion resumed.

Ordered, on motion of Mr Oswald, by leave, that the motion be further adjourned until Thursday 21 March.

 

11       Food Act - Regulations - Prawn Colouring - Motion for disallowance

Order of the Day read for the adjourned debate on the motion of Mr M.J. Evans - That the Regulations under the Food Act, 1985 relating to Prawn Colouring, made on 20 September and laid on the Table of this House on 10 October 1990, be disallowed.

Debate resumed.

Ordered, on motion of thc Minister of Employment and Further Education (Hon. M.D. Rann), that the debate be further adjourned until Thursday next.

 

12       Criminal Law Consolidation Act Amendment Bill (No. 2)

Order of the Day read for the adjourned debate on the question - That the Criminal Law Consolidation Act Amendment Bill (No. 2) be now read a second time.

Debate resumed

Ordered, on motion of Hon. J.L. Cashmore, by leave, that the debate be further adjourned until Thursday 11 April.

 

13       State Lotteries Act - Regulations-Video Machines-Motion re

Order of thc Day read for the adjourned debate on the motion of Mr S G. Evans - That in the opinion of this House the State Lotteries Act, 1966 must be amended to allow for hotels and clubs to operate video machines as described in the Regulations under the Casino Act, 1983 as from 1 July 1991.

Debate resumed.

Ordered, on motion of Hon. J.L. Cashmore, that the debate be further adjourned until Thursday next.

 

14       Public Accounts Committee - Report

Mr Hamilton brought up the Sixty-third Report of the Public Accounts Committee for the year 1989-90.

Ordered to be printed (Paper No. 164).

 

15       Questions

Questions without notice were asked.

 

16       Leave of absence - Mr G.M. Gunn

Mr S.G. Evans, pursuant to notice, moved - That three weeks leave of absence be granted to the Member for Eyre, Mr G.M. Gunn, on account of absence overseas on Commonwealth Parliamentary Association business.

Question put and passed.

 

17       Supply Bill (No. 1)

The Treasurer (Hon. J.C. Bannon), without notice, moved - That he have leave to introduce a Bill for an Act for the Appropriation of money from the Consolidated Account for the financial year ending on 30 June, 1992.

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 Tuesday next.

 

 


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l8        South Australian Metropolitan Fire Service (Miscellaneous Powers) Amendment Bill

The Minister of Emergency Services (Hon. .I.H.C. Klunder), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the South Australian Metropolitan Fire Service Act 1936; and to make consequential amendments to the Expiation of Offences Act 1987.

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.G. Evans, that the debate be adjourned until Tuesday next.

 

19       Cooper Basin (Ratification) (Royalty) Amendment Bill

The Minister of Mines and Energy (Hon. J.H.C. Klunder), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Cooper Basin (Ratification) Act 1975.

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 Lewis, that the debate be adjourned until Tuesday next.

 

20       Marine Amendment Bill

The Minister of Marine (Hon. R.l. Gregory), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Marine Act 1 936.

Question put and passed.

 

Bill presented and read a first time.

The Minister moved - That this 13ill be now read a second time.

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

 

21       Native Vegetation Bill

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

Debate resumed.

Question put and passed.

 

Bill read a second time.

 

In Committee

                                                                    Clause No. I agreed to.

                                                                    Clause No. 2 read.

___________

 

Mr Blacker moved, on page 1, lines 16 and 17, to leave out the clause and insert in lieu thereof the following clause:

2      Commencement This Act will come into operation on 1 January 1992.

Question - That the amendment be agreed to - put.

 


339

 

Committee divided (No. 1):

Ayes, 21.

Hon. H. Allison

Dr Armitage

Hon. P.B. Arnold

Mr D.S. Baker

Mr S.J. Baker

Mr Brindal

Hon. J.L. Cashmore

Hon. T. Chapman

Hon. B.C. Eastick

Mr S.G. Evans

Hon. I .R. Goldsworthy

Mr Ingerson

Mrs Kotz

Mr Lewis

Mr Matthew

Mr Meier

Mr Oswald

Mr Such

Mr Venning

Hon. D.C. Wotton

Mr Blacker (Teller)

 

Noes, 21.

Hon. L.M.F. Arnold

Mr Atkinson

Hon. J.C. Bannon

Hon. F.T. Blevins

Hon. G.J. Crafter

Mr De Laine

Mr Ferguson

Hon. K.l. Gregory

Mr Groom

Mr Hamilton

Hon. T.H. Hemmings

Mr Heron

Mr Holloway

Hon. D.J. Hopgood

Mrs Hutchison

Hon. J.H.C. Klunder

Mr McKee

Hon. N.T. Peterson

Mr Quirke

Hon. M.D. Rann

Hon. S.M. Lenehan (Teller)

 

Casting Vote

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

So it passed in the negative. Clause agreed to. Clause No. 3 read.

 

Hon D.C. Wotton, moved on page 2, after line 35, to insert new subsection as follows:

(2) The burning of native vegetation in the normal course of managing land does not constitute clearance for the purpose of this Act.

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

                                                                    Clause otherwise amended and agreed to.

                                                                    Clause No. 4 amended and agreed to.

                                                                    Clause No. 5 agreed to.

                                                                    Clause No. 6 amended and agreed to.

                                                                    Clause No. 7 agreed to.

                                                                    Clause No. 8 amended and agreed to.

                                                                    Clauses Nos 9 to 13 agreed to.

                                                                    Clause No. 14 amended and agreed to.

                                                                    Clause No. 15 read.

To report progress and ask leave to sit again.

___________

 

The House having resumed:

Mr M.J. Evans reported that the Committee had considered the Bill referred to it, had made progress therein and asked leave to sit again.

Ordered - That the Committee have leave to sit again on motion.

 


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22       Extension of time for adjournment

The Minister for Environment and Planning (Hon. S.M. Lenehan) moved - That the time for moving the adjournment of the House be extended beyond 5.00 p.m.

Question put and passed.

 

23       Native Vegetation Bill

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

 

In Committee

                                                                    Clause No. 15 further considered, amended and agreed to.

                                                                    Clause No. 16 agreed to.

                                                                    Clause No. 17 amended and agreed to.

                                                                    Clause No. 18 read.

Hon. D.C Wotton moved on page 6, after line 37, to insert new subclause as follows:

(6) At least 75 per cent of the amount paid from the Fund in any financial year must be applied in connection with research into thc preservation, enhancement and management of native vegetation and at least 25 per cent of the amount paid from thc Fund in any financial year must be made available to a body or organisation that has as its principal object the re-establishment of native vegetation.

Question - That the amendment be agreed to Ä put.

 

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

Mr Brindal

Hon. J.L. Cashmore

Hon. T. Chapman

Hon. B.C. Eastick

Mr S.G. Evans

Hon. E. R. Goldsworthy

Mr Ingerson

Mrs Kotz

Mr I Lewis

Mr Matthew

Mr Meier

Mr Oswald

Mr Such

Mr Venning

Hon. D.C. Wotton (Teller)

 

Noes, 21.

Hon. L.M.F. Arnold

Mr Atkinson

Hon. J.C. Bannon

Hon. G.l. 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

Mr McKee

Hon. N.T. Peterson

Mr Quirke

Hon. M.D. Rann

Hon. I.P. Trainer

Hon. S.M. Lenehan (Teller)

 

Casting Vote

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

So it passed in the negative.

 

 


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                                                                    Clause agreed to.

                                                                    Clauses Nos 19 and 20 agreed to.

                                                                    Clause No. 21 read.

Hon D.C. Wotton moved on page 8, after line 4, to insert subclause as follows: '(6a) Where the relevant land is in a soil conservation district, the Council must not serve a notice under subsection (6) without first consulting the soil conservation board for that district and having regard to the board's views.'

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

                                                                    Clause agreed to.

                                                                    Clauses Nos 22 and 23 amended and agreed to.

                                                                    Clauses Nos 24 and 25 agreed to.

                                                                    Clause No. 26 read.

Hon. D.C. Wotton moved on page 10, lines 8 to 15, to leave out subclause (2) and insert new subclause as follows:

The Council may give its consent to clearance of native vegetation that is seriously at variance with the principles if -

(a) the vegetation comprises an isolated plant or isolated plants;

(b) the applicant is engaged in the business of primary production;

and

(c) in the opinion of the Council, the retention of that plant or those plants would put the applicant to unreasonable expense in carrying on that business or would result in an unreasonable reduction of potential income from that business or would otherwise interfere with the management of the land on which the business is conducted.

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

Hon. D.C. Wotton moved on page 8, lines 37 and 38, to leave out subclause (8).

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

                                                                    Clause otherwise amended and agreed to.

                                                                    Clauses Nos 27 to 32 amended and agreed to.

                                                                    Clause No. 33 agreed to.

                                                                    New Clauses Nos 33a to 33c inserted.

                                                                    Clause No. 34 agreed to. Schedule I read.

Hon. D.C. Wotton moved on page 5, subparagraph 1 (b), to leave out the word "wildlife' and insert in lieu thereof the words 'rare, vulnerable or endangered wildlife'.

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

Hon. D.C. Wotton moved on page 15, to leave out subparagraph I (g).

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

                                                                    Schedule agreed to.

                                                                    Schedule No. 2 amended and agreed to.

                                                                    Schedule No. 3 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 amendments.

 

Bill read a third time and passed.

 

 

 


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24       Message  from the Legislative Council

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

 

Education Act Amendment Bill                                                                                            Message No. 79

MR SPEAKER - The Legislative Council has agreed to the amendment made by the House of Assembly to the Legislative Council's Amendment No. 2 in the Education Act Amendment Bill, without any amendment. The Bill is returned herewith.

Legislative Council, 7 March 1991                                                                        G.L. Bruce, PRESIDENT

 

25       Adjournment

House adjourned at 6.00 p.m. until Tuesday next at 2.()0 p.m.

 

MOTION OF WHICH NOTICE WAS GIVEN

 

For Tuesday 12 March 1991

Notice of Motion: Government Business-

 

The Minister of Education to move - That he have leave to introduce a Bill for an Act to amend the Criminal Law Consolidation Act 1935.

 

Present during the day Ä All the Members except Mr Gunn (on leave), Mr Becker and Hon. M.K. Mayes.

 

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

 

Division No. I -

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 F.T. Blevins and Hon M.K. Mayes.

 

 

 

 

 

                                                                                                                                                    N.T. Peterson

                                                                                                                                                    SPEAKER

G.D. Mitchell

CLERK OF THE HOUSE OF ASSEMBLY