No 46

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

TUESDAY 4 MAY 2004

 

 

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 16

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 third Session of the 50th Parliament, viz.-

No 5 of 2004 -           An Act to amend the Summary Offences Act 1953.

No 6 of 2004 -           An Act to amend the Motor Vehicles Act 1959.

No 7 of 2004 -           An Act to make provision for the operation of the Australian Crime Commission in South Australia; to repeal the National Crime Authority (State Provisions) Act 1984; to make related amendments to other Acts; and for other purposes.

No 8 of 2004 -           An Act to provide for the designation of areas of the State for the purposes of preserving for marketing purposes the identity of certain food crops according to whether they are genetically modified crops or non-genetically modified crops; to provide for the segregation of genetically modified food crops and their products in appropriate cases; to provide for associated regulatory powers; to provide certain protections with respect to the spread of genetically modified plant material; and for other purposes.

No 9 of 2004             An Act to reform the law as it relates to torts; to amend the Wrongs Act 1936, the Limitation of Actions Act 1936 and the Motor Vehicles Act 1959.

No 10 of 2004           An Act to allow orders to be made for the protection of family members from serious harm resulting from problem gambling; to make a related amendment to the Domestic Violence Act 1994; and for other purposes.

         Government House, 4 May 2004                                        M Jackson-Nelson, GOVERNOR

 

3       Petitions Nos 69 and 70

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

 

69   Mrs Penfold, from 14 residents of South Australia, requesting the House to urge the Government to remove the requirement to pay the River Murray Levy from SA Water clients who do not use River Murray water on the Eyre Peninsula.

 

70   Mr Scalzi, from 32 residents of South Australia, requesting the House to reject voluntary euthanasia legislation; ensure all hospital medical staff receive proper palliative care training and provide adequate funding of palliative care procedures for all terminally ill patients.

 

 

 

4       Papers

         The following Papers were tabled:

 

By the Premier (Hon M D Rann) –

APY (Anangu Pitjantjatjara Yunkunytatjara) Land Council and Community Safety in the Lands - Report by the Co-ordinator of Government Services to the APY Lands, April 2004

      Regulations under the following Act –

                        Public Sector Management – Pecuniary Interests

 

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

      Regulations under the following Acts –

                        Electronic Transaction – Exclusions

                        Legislation Revision and Publication – Road Traffic Act 1961

                        Limitation of Actions – Negligence Claims

      Rules of Court –

                        Supreme Court – Scale of Costs

 

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

      Regulations under the following Acts –

                        Liquor Licensing – Long Term Dry Areas –

                                    Coober Pedy

                                    Gawler

                                    Grange

                                    Normanville

 

By the Minister for Health (Hon L Stevens) –

      Burra Clare Snowtown Health Service – Report 2002-2003

 

By the Minister for Urban Development and Planning (Hon P L White) –

      Crown Development Application by Industrial & Commercial Premises Corporation to vary condition 2(B) of approval for JP Morgan Office Complex at Felixstow - Report by the Minister

 

By the Minister for Employment, Training and Further Education (Hon S W Key) –

      Education Adelaide – Report 2002-2003

 

By the Minister for Agriculture, Food and Fisheries (Hon R J McEwen) –

      SABOR Ltd – Financial Report 2002-2003

      Regulations under the following Act –

                        Genetically Modified Crops Management – Designation of Areas

 

By the Minister for State/Local Government Relations (Hon R J McEwen) –

      Rules –

                        Local Government – Local Government Superannuation Scheme –

                                     Correction of Schedule IV

                                     Government Co-contribution

                                     Resolution without Board Meeting

                                     Miscellaneous amendments.

 

5       Social Development Committee - Report – Inquiry into Obesity

Mr Snelling brought up the 19th Report of the Committee on Obesity.

Report received.

Ordered to be published (Paper No 209).

 

6       Questions

Questions without notice were asked.

 

7       Grievance debate

On motion of the Speaker, the House noted grievances.

 

8       Message from the Legislative Council

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

 

Consent to Medical Treatment and Palliative Care (Prescribed Forms) Amendment Bill                                         Message No 54

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Consent to Medical Treatment and Palliative Care Act 1995, without any amendment.

         Legislative Council, 3 May 2004                                                     R R Roberts, PRESIDENT

 

9       Gaming Machines (Miscellaneous) Amendment Bill

The Minister for Gambling (Hon M J Wright), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Gaming Machines Act 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 Ms Chapman, that the debate be adjourned until tomorrow.

 

10      Gaming Machines (Extension of Freeze) Amendment Bill

The Minister for Gambling, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Gaming Machines Act 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 Ms Chapman, that the debate be adjourned until tomorrow.

 

11      Supply 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 Dr McFetridge, that the debate be further adjourned and resumed on motion.

 

12      Messages from the Legislative Council

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

 

Local Government (Flood Mitigation Infrastructure) Amendment Bill    Message No 55

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Local Government Act 1999, to which it desires the concurrence of the House of Assembly.

         Legislative Council, 4 May 2004                                                     R R Roberts, PRESIDENT

 

         Bill read a first time.

 

         The Minister for Agriculture, Food and Fisheries moved - That this Bill be now read a second time.

         Ordered, on motion of Dr McFetridge, that the debate be adjourned until tomorrow.

 

Gas (Temporary Rationing) Amendment Bill                                         Message No 56

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Gas Act 1997, to which it desires the concurrence of the House of Assembly.

         Legislative Council, 4 May 2004                                                     R R Roberts, PRESIDENT

 

         Bill read a first time.

 

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

 

Authorised Betting Operations (Betting Review) Amendment Bill         Message No 57

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Authorised Betting Operations Act 2000, to which it desires the concurrence of the House of Assembly.

         Legislative Council, 4 May 2004                                                     R R Roberts, PRESIDENT

 

         Bill read a first time.

 

         The Minister for Gambling moved - That this Bill be now read a second time.

         Ordered, on motion of Dr McFetridge, that the debate be adjourned until tomorrow.

 

13      Extension of time for adjournment

Ordered, on motion of the Minister for Transport (Hon P L White), that the time for moving the adjournment of the House be extended beyond 10.00 pm.

 

14      Supply Bill

Ordered - That the adjourned debate on the question - That this Bill be now read a second time - be now resumed.

Debate resumed.

         Question put and passed.

 

         Bill read a second time.

 

Grievance debate

The Minister for Education and Children’s Services (Hon J D Lomax-Smith), moved - That the House note grievances.

Debate ensued.

 

Ordered, on motion of Mr Meier (by leave), that the debate be adjourned until tomorrow.

 

15      Adjournment

House adjourned at 11.55 pm until tomorrow at 2.00 pm.

 

 

 

 

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MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

            For Wednesday 5 May 2004

 

Notices of Motion: Government Business –

 

The Treasurer to move – That he have leave to introduce a Bill for an act to amend the Stamp Duties Act 1923.

 

The Minister for Consumer Affairs to move – That he have leave to introduce a Bill for an Act to amend the Land and Business (Sale and Conveyancing) Act 1994.

 

            For Wednesday 5 May 2004

 

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

 

Mr Brokenshire to move – That he have leave to introduce a Bill for an Act to amend the Reproductive Technology (Clinical Practices) Act 1988.

 

Hon D C Kotz to move – That this House calls on the Legislative Review Committee to examine and report upon the establishment of a Criminal Cases Review Commission in South Australia to examine suspected wrongful convictions, miscarriages of justice and other issues in the Criminal Justice System and in particular, make recommendations on the following –

(a)           the Commission’s terms of reference;

(b)           the relationship of the Commission to the Supreme Court and Executive Government;

(c)           the powers of the Commission and its membership;

(d)           the criteria for cases to be examined by the Commission;

(e)           whether the Commission should be empowered to examine and make recommendations in relation to crimes where there was no prosecution or conviction;

(f)             resourcing issues; and

(g)           any other relevant matter.

 

Mr Snelling to move – That the Nineteenth Report of Social Development Committee entitled Inquiry into Obesity, be noted.

 

            For Thursday 6 May 2004

 

Notice of Motion: Other Motions –

 

Ms Chapman to move – That this House notes the standard of care that the Attorney-General applies when making statements or assertions to the Parliament and the media and in particular notes the inaccurate statements –

(a)           made to the House on 1 April 2003 concerning Professor Thomas;

(b)           made to the House on 13 May 2002 concerning the film Baise Moi;

(c)           made to the House on 27 May 2002 concerning the Building Industry;

(d)           made to the House on 18 June 2003 concerning Rowan & Cornwall;

(e)           made to the Legislative Review Committee on 17 September 2003 concerning the approach taken by the Crown Law Office on criminal injuries compensation claims and specialists' reports;

(f)             made to the House on 14 October 2003 concerning Public Service Salaries;

(g)           made to the House on 14 October 2003 purportedly correcting earlier inaccurate statements made on the same day concerning Public Service Salaries;

(h)           made to the House on 17 February 2004 concerning Bikies cooking a cat for human consumption;

(i)             made to the media on 22 March 2004 concerning the alleged letter from the DPP to footballers accused of offences; and

that this House deplores the Attorney-General’s attitude that a subsequent apology or explanation excuses him from his responsibility to make a genuine attempt and take reasonable steps to ensure that his comments are accurate in the first place.

 

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Present during the day - All Members.

 

 

 

 

 

                                                                                                                        Peter Lewis

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY