No 45

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

WEDNESDAY 20 NOVEMBER 2002

 

 

1       Meeting of House

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

 

2       Petitions No 60 to 63

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

 

60   Minister for Transport (Hon M J Wright), from 854 electors of South Australia, requesting the House to urge the Government to allow the St James Community Kindergarten to remain open and continue to educate the pre-school children of the local community.

 

61   Mr Scalzi, from 603 residents of South Australia, requesting the House to urge the Government to reinstate funding to the Crime Prevention Programme and continue community-based local crime prevention initiatives.

 

62   Ms Chapman, from 387 residents of South Australia, requesting the House to reconfirm support for its resolution of 17 February 1993 to dedicate space in the House of Assembly Chamber for the two tapestries commemorating the centenary of women’s suffrage.

 

63   Hon M R Buckby, from 50 residents of South Australia, requesting the House to urge the City of Port Adelaide Enfield Council to provide an extension of time to the people of North Haven to make submissions on the City of Port Adelaide Enfield Council Residential Development and Minor Amendments Plan Amendment Report.

 

3       Answers to questions

Answers to questions without notice were tabled by the Speaker.

 

4       Papers

         The following Paper was tabled:

 

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

               Grant Cheques, Distribution of– Minute from Chief Executive, History Trust to Premier –dated 15 March 2002.

 

5       Economic and Finance Committee - Report - Green Phone (Preliminary Inquiry)

Ms Thompson brought up the 41st Report of the Committee on Green Phone (Preliminary Inquiry).

Report received.

Ordered to be published (Paper No 198).


 

6       Public Works Committee – Reports 184th and 185th

 

         State Records Accommodation

Mr Caica brought up the 184th Report of the Committee on State Records Accommodation.

Report received.

Ordered to be published (Paper No 196).

 

         South Australian Plant Biotechnology Facility

Mr Caica brought up the 185th Report of the Committee on South Australian Plant Biotechnology Facility.

Report received.

Ordered to be published (Paper No 197).

 

7       Legislative Review Committee - Reports – 13th and 14th

 

Thirteenth Report

Mr Hanna brought up the 13th Report of the Legislative Review Committee.

Report received and read as follows:

 

The Regulations listed hereunder are at present being considered by the Legislative Review Committee. Evidence is being taken on these matters and it is necessary for Notices of Motion for Disallowance to be given in both Houses before the expiration of 14 sitting days to allow the Committee time to complete its deliberations.

 

Honourable Members are warned that after further consideration has been given to the Regulations, the Committee may decide to take no further action.

 

Regulations referred to:

               Controlled Substances Act 1984 – Simple Cannabis Expiation Fees

               Environment Protection Act 1993 – Fee Unit

               Public Finance and Audit Act 1987 – Public Authorities

               Criminal Law (Forensic Procedures) Act 1988 – M’s DNA

               Development Act 1997 – Cover Requirements Revoked

               Fisheries Act 1982 – Gill, Mesh and Bait Nets

 

Fourteenth Report

Mr Hanna brought up the Fourteenth Report of the Committee.

Report received.

 

8       Questions

Questions without notice were asked.

 

9       Grievance debate

On motion of the Speaker, the House noted grievances.

 

10      Road Traffic (Highway Speed Limit) Amendment Bill

Hon G M Gunn, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Road Traffic Act 1961.

Question put and passed.

         Bill presented and read a first time.

 

         Hon G M Gunn moved - That this Bill be now read a second time.

         Ordered, on motion of Mr Snelling, that the debate be adjourned until Wednesday 27 November.


 

11      Pastoral Land Management and Conservation (Continuous Leases) Amendment Bill

Hon G M Gunn, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Pastoral Land Management and Conservation Act 1989.

Question put and passed.

         Bill presented and read a first time.

 

         Hon G M Gunn moved - That this Bill be now read a second time.

         Ordered, on motion of Mr Snelling, that the debate be adjourned until Wednesday 27 November.

 

12      Postponement of business

Ordered - That Notices of Motion: Private Members Bills/Committees/Regulations Nos 3 to 7 be postponed until Wednesday 27 November.

 

13      Prevention of Cruelty to Animals (Prohibited Surgical and Medical Procedures)           Amendment Bill

Dr McFetridge, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Prevention of Cruelty to Animals Act 1985.

Question put and passed.

         Bill presented and read a first time.

 

         Dr McFetridge moved - That this Bill be now read a second time.

         Ordered, on motion of Mr Snelling, that the debate be adjourned until Wednesday 27 November.

 

14      Postponement of business

Ordered - That Orders of the Day: Private Members Bills/Committees/Regulations Nos 1 to 4 be postponed until Wednesday 27 November.

 

15      Statutes Amendment (Superannuation Entitlements for Domestic Co-Dependents) 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 Hon D C Kotz, that the debate be further adjourned until Wednesday 27 November.

 

16      Postponement of business

Ordered - That Orders of the Day: Private Members Bills/Committees/Regulations Nos 6 to 9 be postponed until Wednesday 27 November.

 

17      Discharge of Business – Good Samaritans (Limitation of Liability) Bill

Order of the Day: Private Members Bills/ Committees/ Regulations No 10 read.

Ordered – That this Order of the Day be discharged.

 

18      Discharge of Business – Air Passenger Transport (Route Licensing) Bill

Order of the Day: Private Members Bills/ Committees/ Regulations No 11 read.

Ordered – That this Order of the Day be discharged.

 

19      Postponement of business

Ordered - That Order of the Day: Private Members Bills/Committees/Regulations No 12 be postponed until Wednesday 27 November.

 

20      Discharge of Business – Native Vegetation (Miscellaneous) Amendment Bill

Order of the Day: Private Members Bills/ Committees/ Regulations No 13 read.

Ordered – That this Order of the Day be discharged.


 

21      Education (Charges) Amendment Bill

The Minister for Education and Children’s Services (Hon P L White), pursuant to notice, moved - That she have leave to introduce a Bill for an Act to amend the Education Act 1972.

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 Ms Chapman, that the debate be adjourned until tomorrow.

 

22      Postponement of business

Ordered - That Orders of the Day: Government Business Nos 1 to 5 be postponed and taken into consideration after Order of the Day: Government Business No 6.

 

23      Select Committee on Genetically Modified Organisms – Interim Report - Motion to note

Order of the Day read for the consideration of the Interim Report of the Select Committee on Genetically Modified Organisms.

The Minister for Health (Hon L Stevens) moved – That the Interim Report be noted.

Ordered, on motion of Mrs Geraghty, that the debate be adjourned until tomorrow.

 

24      Postponement of business

Ordered - That Order of the Day: Government Business No 1 be postponed until tomorrow.

 

25      Legislation Revision and Publication Bill

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

 

In Committee

 

         Resolved – That the amendment be agreed to.

 

____________

 

         The House having resumed:

Mr Snelling reported that the Committee had considered the amendment referred to it and had agreed to the same without amendment.

 

26      Postponement of business

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

 

27      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.

         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:

Hon R B Such 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.

 

28      Ombudsman (Honesty and Accountability in Government) Amendment Bill

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

 

In Committee

 

         Resolved – That the amendments be agreed to.

 

____________

 

         The House having resumed:

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

 

29      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.

 

30      Extension of time for adjournment

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

 

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

Debate (interrupted by the foregoing) resumed.

         Question put and passed.

         Bill read a second time.

 

In Committee

 

                                                            Clauses Nos 1 and 2 agreed to.

                                                            Clause Nos 3 and 4 amended and agreed to.

                                                            Clauses Nos 5 to 10 agreed to.

                                                            Clause No 11 amended and agreed to.

                                                            Clauses Nos 12 to 20 agreed to.

                                                            Clause No 21 amended and agreed to.

                                                            Clauses Nos 22 to 33 agreed to.

                                                            Clause No 34 amended and agreed to.

                                                            Clause No 35 agreed to.

                                                            Clauses No 36 and 37 amended and agreed to.

                                                            Clause Nos 38 agreed to.

                                                            Clause No 39 amended and agreed to.

                                                            Clauses Nos 40 and 41 agreed to.

                                                            Clause No 42 amended and agreed to.

                                                            Clause No 43 agreed to.

                                                            Schedule inserted.

                                                            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 amendments.

 

Bill read a third time and passed.

 

32      Adjournment

House adjourned at 10.18 pm until tomorrow at 10.30 am.

 

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MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

            For Thursday 21 November

 

Notices of Motion: Government Business -

 

The Minister for Government Enterprises to move – That Standing Orders be and remain so far suspended as to enable the Report of the Auditor-General 2001-2002 to be referred to a Committee of the whole House and for Ministers to be examined on matters contained in the papers in accordance with the following timetable -

Thursday 21 November 2002

Premier, Minister for Economic Development, Minister for the Arts, Minister for Volunteers (30 minutes)

Minister for Health (30 minutes)

Minister for Social Justice, Minister for Housing, Minister for Youth, Minister for the Status of Women (30 minutes)

Thursday 28 November 2002

Deputy Premier, Treasurer, Minister for Industry, Investment and Trade (45 minutes)

Attorney-General, Minister for Justice, Minister for Consumer Affairs, Minister for Multicultural Affairs (30 minutes)

Minister for Education and Children’s Services (30 minutes)

Minister for Tourism, Minister for Small Business, Minister for Science and Information Economy, Minister for Employment, Training and Further Education (30 minutes)

Wednesday 4 December 2002

Minister for Government Enterprises, Minister for Energy, Minister for Police, Minister for Emergency Services (45 minutes)

Minister for Environment and Conservation, Minister for the River Murray, Minister for Gambling, Minister for the Southern Suburbs (30 minutes)

Minister for Transport, Minister for Industrial Relations, Minister for Recreation, Sport and Racing (30 minutes)

Minister for Urban Development and Planning, Minister for Local Government, Minister for Administrative Services (30 minutes).

 

The Attorney-General  to move – That he have leave to introduce a Bill for an Act to refer certain matters relating to terrorist acts to the Parliament of the Commonwealth for the purposes of section 51 (xxxvii) of the Constitution of the Commonwealth

 

The Minister for Local Government to move – That this House establish a Select Committee to examine and report upon the cemetery provisions (Part 30) of the Local Government Act 1934, including consideration of -

a)         an appropriate legislative and administrative framework for the regulation and administration of interment within all cemeteries in South Australia, irrespective of ownership, location or operational status;

b)         an appropriate legislative and administrative framework for the disposal of non-cremated human remains and management of gravesites outside of cemeteries;

c)         the need for any identification of or disposal authorisation for bodies prior to burial;

d)         terms, renewal, transfer and nature of interment rights, including implications for the ongoing financial viability of cemetery operations;

e)         appropriate processes for, management of and rights at end of tenure of individual gravesites and with respect to closed or derelict cemeteries, gravesites or graveyards;

f)           specific requirements for people from culturally and religiously diverse backgrounds, and their customs and practices with respect to interment of human remains in cemeteries;

g)         any special requirements for the preservation of pioneer remains, burial sites and monuments;

h)         any special requirements for the burial sites of Aboriginal people where there is an interface between Aboriginal burial sites and European burial sites;

i)           any special requirements for the resting place or monuments (headstones & plaques) of ex-service men and women;

j)           innovative ways of acknowledging the deceased, including via multiuse parks and gardens;

k)         previous recommendations under points 1.3, 1.5, 1.7, 3.1 to 3.9, 4.1, 4.2 and 5.2 of the Report of the Select Committee of the Legislative Council on Disposal of Human Remains in South Australia, 18 November 1986; and

l)           any other related matter. 

 

 

      For Wednesday 27 November

 

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

 

      Mr Hanna to move – That the Regulations under the Controlled Substances Act 1984 entitled Simple Cannabis Expiation Fees made on 29 August 2002 and laid on the table of this House on 15 October 2002, be disallowed.

 

      Mr Hanna to move – That the Regulations under the Environment Protection Act 1993 entitled Fee Unit made on 29 August 2002 and laid on the table of this House on 15 October 2002, be disallowed.

 

      Mr Hanna to move – That the Regulations under the Public Finance and Audit Act 1987 entitled Public Authorities made on 29 August 2002 and laid on the table of this House on 15 October 2002, be disallowed.

 

      Mr Hanna to move – That the Regulations under the Criminal Law (Forensic Procedures) Act 1998 entitled M’s DNA made on 12 September 2002 and laid on the table of this House on 15 October 2002, be disallowed.

 

      Mr Hanna to move – That the Regulations under the Development Act 1993 entitled Cover Requirement Revoked made on 26 September 2002 and laid on the table of this House on 15 October 2002, be disallowed.

 

      Mr Hanna to move – That the Regulations under the Fisheries Act 1982 entitled Gill, Mesh and Bait Nets made on 26 September 2002 and laid on the table of this House on 15 October 2002, be disallowed.

 

      Ms Thompson to move – That the Forty First Report of the Economic and Finance Committee on Green Phone (Preliminary Inquiry) be noted.

 

      Mr Caica to move – That the One Hundred and Eighty Fourth Report of the Public Works Committee on State Records Accommodation be noted.

 

      Mr Caica to move – That the One Hundred and Eighty Fifth Report of the Public Works Committee on the South Australian Plant Biotechnology Facility be noted.

 

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Present during the day - All Members.

 

 

 

 

 

                                                                                                                        Peter Lewis

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY