No 47

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

THURSDAY 7 APRIL 2005

 

 

1       Meeting of House

         The House met pursuant to adjournment. The Speaker (Hon R B Such) took the Chair and read prayers.

 

2        Speaker Statement – Condolence for Australian Defence Force Personal

The Speaker expressed deep regret on behalf of the Assembly on the death of Australian Defence Force personal killed on the Indonesian island of Nias while helping earthquake victims.

 

3       Postponement of business

Ordered - That Notice of Motion: Other Motions No 4 be postponed and taken into consideration after Notice of Motion: Other Motions No 10.

 

4       Electricity Prices - Motion re

Hon W A Matthew, pursuant to notice, moved - That this House criticises the Government for

(a)           its failure to effectively manage the State's entry into Federal Labor's National Electricity Market and subsequent electricity prices charged to South Australians;

(b)           allowing electricity prices to increase by an average 25.2% as at January 2005, increases almost double those that have occurred in Victoria;

(c)           its failure to introduce legislation into this Parliament that established market rules and which allowed sufficient time for competitive electricity retailers to establish in South Australia upon market deregulation on 1 January 2003;

(d)           breaking its undertaking to the people of South Australia to deliver cheaper electricity prices;

(e)           placing the Essential Services Commissioner, Lew Owens, and his staff in an untenable position by expecting them to absorb and deflect the criticism levelled for the Government's failure to deliver on its promise of cheaper electricity prices;

and calls on the Government to deliver on its pre-election promise of cheaper electricity prices for all South Australians.

         Debate ensued.

         Ordered, on motion of Mrs Geraghty, that the debate be adjourned until Thursday 14 April.

 

5       Kyoto Protocol - Motion re

Mr Caica, pursuant to notice, moved - That this House calls on the Federal Government to ratify the Kyoto Protocol which comes into effect on 16 February 2005.

         Debate ensued.

Ordered, on motion of the Minister for the River Murray (Hon K A Maywald), that the debate be adjourned until Thursday 14 April.

 

6       Postponement of business

Ordered, separately - That Notices of Motion: Other Motions Nos 4 and 11 be postponed until Thursday 14 April.

 

 

 

7       International Women’s Day 2005 - Motion re

Ms Chapman, pursuant to notice, moved - That this House recognises International Women's Day 2005 with the acknowledgement of Wendy Abrahams QC in her service to this State as Deputy Director of Public Prosecutions.

         Debate ensued.

         Ordered, on motion of Mrs Geraghty, that the debate be adjourned until Thursday 14 April.

 

8       Kangaroo Island Tourism Infrastructure Motion re

Order of the Day read for the adjourned debate on the motion of Mrs Hall – That this House acknowledges the importance of Kangaroo Island as one of Australia's most significant international tourism destinations, and in particular

(a)           recognises the economic contribution Kangaroo Island makes to this State's tourism industry;

(b)           views, with concern, the ongoing funding issues facing the Kangaroo Island community with the current lack of specific infrastructure and maintenance provisions by this Government;

(c)           requests the Government to update this House on timelines, planning,  progress and funding options for upgrading the port facilities and foreshore developments at Penneshaw and Kingscote, the re-sealing of the tarmac at the Kingscote Airport and the ongoing maintenance and extension of the sealed road network; and

(d)           recognises the need for an increase in power accessibility and reliability across Kangaroo Island.

Which Mr O’Brien has moved to amend by inserting in paragraph (a) after the word “industry’ the following words “and also acknowledge the work and commitment by the tourism industry and the South Australian Tourism Commission as well as in promoting Kangaroo Island as a leading ecotourism destination” ; deleting paragraph (b) and substituting in lieu thereof “acknowledges the funding contribution by this Government in the construction and sealing of the South Coast Road, between Timber Creek Road and the Flinders Chase National Park Head Quarters at Rocky River and similarly on the construction and sealing of the West End Highway from South Coast Road to Playford Highway” and insert the following words in paragraph (d) “and acknowledge that the Government has committed a direct allocation of $2 million to work to assist the whole Kangaroo Island community in the matter of power.”

         Debate resumed.

Question – That the amendment be agreed to – put and passed.

Question – That the motion as amended be agreed to – put and passed.

 

9       Olympic Dam Project Expansion - Motion re

Order of the Day read for the adjourned debate on the motion of Mr Williams – That this House acknowledges the recent expansion announcements by Western Mining Corporation and congratulates the former Tonkin Liberal Government, supported by the former Labor Legislative Councillor, Hon Norm Foster MLC, for their strong support for the Olympic Dam project and the long term economic benefit to this State despite intense rejection at the time by the Labor Party Opposition, which was coordinated by a senior advisor who is now the current Premier.

Which Mr Snelling has moved to amend by deleting all words after “congratulates” and insert “the Rann Labor Government for its strong support and active efforts to work with Western Mining Company to expand the Olympic Dam Mine.”

         Debate resumed.

         Ordered, on motion of Mr Scalzi, that the debate be further adjourned until Thursday 14 April.

 

10      Postponement of business

Ordered - That Order of the Day: Other Motions No 3 be postponed until Thursday 14 April.

 

11      Petitions Nos 65 and 66

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

 

65   The Leader of the Opposition (Hon R G Kerin), from 1325 members of the South Australian Community, requesting the House to urge the Government to provide immediate land tax relief through the reform of the current land tax system.

 

66   Dr McFetridge, from 97 residents of South Australia, requesting the House to urge the Government to reinstate crime prevention funding to local councils and locate a 24 hour police station in a prominent position in Moseley Square.

 

12      Paper

         The following Paper was tabled:

 

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

      Independent Gambling Authority – Inquiry into an Allegation of Betting with a Child.

 

13      Questions

Questions without notice were asked.

 

Member named

The Speaker named the Member for Hartley (Mr Scalzi), for refusing to accept the authority of the Chair.

The Member made an apology which was accepted by the Chair.

 

Questions

Questions without notice (interrupted by the foregoing) resumed.

 

14      Grievance debate

On motion of the Speaker, the House noted grievances.

 

15      Leave of Absence - Hon I F Evans

The Minister for Employment, Training and Further Education (Hon S W Key), by leave, moved – That the Member for Davenport, Hon I F Evans, be granted leave of absence from 11 to 14 April to attend the Commonwealth Parliamentary Association Business in New South Wales.

Question put and passed.

 

16      Statutes Amendment (Environment and Conservation Portfolio) 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

Clauses Nos 1 to 24 agreed to.

New clause No 24A inserted.

Clause No 25 agreed to.

New clause No 25A inserted.

Clauses Nos 26 to 34 agreed to.

Clause No 35 amended and agreed to.

Clauses No 36 to 48 agreed to.

Schedules Nos 1 to 7 agreed to.

Title agreed to.

 

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         The House having resumed:

Mr Snelling 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.

 

17      Heritage (Heritage Directions) 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.

 

18      Extension of time for adjournment

Ordered, on motion of the Minister for Environment and Conservation (Hon J D Hill), that the time for moving the adjournment of the House be extended beyond 5.00 pm.

 

19      Heritage (Heritage Directions) Amendment Bill

Debate (interrupted by the foregoing) resumed.

         Question put and passed.

 

         Bill read a second time.

 

In Committee

Clauses Nos 1 to 16 agreed to.

Clause No 17 read.

 

         To report progress and ask leave to sit again.

 

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         The House having resumed:

Mr Caica 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 Monday 11 April.

 

20      Papers

         The following Papers were tabled:

 

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

Ministerial Statement – Draft Planning Strategy for Metropolitan Adelaide and the Outer Metropolitan Adelaide Region

Planning Strategy for the Outer Metropolitan Adelaide Region – Draft for Public Consultation – April 2005

Planning Strategy for Metropolitan Adelaide – Draft for Public Consultation – April 2005.

 

21      Messages from the Legislative Council

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

 

         Adelaide Dolphin Sanctuary Bill                                                            Message No 33

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to establish a sanctuary to protect the dolphin population of the Port Adelaide River estuary and Barker Inlet and its natural habitat; to provide for the protection and enhancement of the Port Adelaide River estuary and Barker Inlet; to amend the Aquaculture Act 2001, the Coast Protection Act 1972, the Development Act 1993, the Environment Protection Act 1993, the Fisheries Act 1982, the Harbors and Navigation Act 1993, the Historic Shipwrecks Act 1981, the Mining Act 1971, the National Parks and Wildlife Act 1972, the Native Vegetation Act 1991 and the Petroleum Act 2000; and for other purposes, with the amendments indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

Legislative Council, 6 April 2005                                                     R R Roberts, PRESIDENT

 

Schedule of amendments from the Legislative Council

 

 

Amendment No 1

Schedule 2, clause 52, page 46, line 31—

After "vegetation" insert:

, other than mangroves,

 

Amendment No 2

Schedule 2, clause 52, page 46, after line 36—

Insert:

(9c)         If an application for the Council's consent relates to mangroves (Avicennia marina) within the Adelaide Dolphin Sanctuary, the Council must, before giving its consent—

(a)     consult with the Minister for the Adelaide Dolphin Sanctuary; and

(b)      comply with the Minister's directions (if any) in relation to the application (including a direction that the application not be granted, or that if it is to be granted, then it be subject to conditions specified by the Minister).

 

         J M Davis CLERK OF THE LEGISLATIVE COUNCIL

 

         Ordered - That the amendments be taken into consideration forthwith.

 

In Committee

 

         Resolved - That the amendments be agreed to.

 

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         The House having resumed:

Ms Thompson reported that the Committee had considered the amendments referred to it and had agreed to the same without amendment.

 

         Podiatry Practice Bill                                                                              Message No 34

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to protect the health and safety of the public by providing for the registration of podiatrists and podiatry students; to regulate the provision of podiatric treatment for the purpose of maintaining high standards of competence and conduct by the persons who provide it; to repeal the Chiropodists Act 1950; and for other purposes, with the amendments indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of he House of Assembly.

         Legislative Council, 7 April 2005                                                     R R Roberts, PRESIDENT

 

Schedule of amendments from the Legislative Council

 

Amendment No 1

Clause 6, page 8, line 17—

Clause 6(1)—delete "8" and substitute:

9

 

Amendment No 2

Clause 6, page 8, line 18—

Clause 6(1)(a)—delete "4" and substitute:

5

 

Amendment No 3

Clause 6, page 8, line 19—

Clause 6(1)(a)(i)—delete "3" and substitute:

4

 

Amendment No 4

Clause 6, page 8, lines 19 and 20—

Clause 6(1)(a)(i)—delete "conducted in accordance with the regulations" and substitute:

(see section 6A)

 

Amendment No 5

Clause 6, page 8, lines 29 to 32—

Clause 6(2) and (3)—delete subclauses (2) and (3)

 

Amendment No 6

Clause 6, page 9, line 1—

Clause 6(6)—after "nomination" insert:

(if applicable)

 

Amendment No 7

New clause—

After clause 6 insert:

6A—Elections and casual vacancies

(1)             An election conducted to choose podiatrists for appointment to the Board must be conducted under the regulations in accordance with principles of proportional representation.

(2)             A person who is a podiatrist at the time the voter's roll is prepared for an election in accordance with the regulations is entitled to vote at the election.

(3)             If an election of a member fails for any reason, the Governor may appoint a podiatrist and the person so appointed will be taken to have been appointed after due election under this section.

(4)             If a casual vacancy occurs in the office of a member chosen at an election, the following rules govern the appointment of a person to fill the vacancy:

(a)    if the vacancy occurs within 12 months after the member's election and at that election a candidate or candidates were excluded, the Governor must appoint the person who was the last excluded candidate at that election;

(b)    if that person is no longer qualified for appointment or is unavailable or unwilling to be appointed or if the vacancy occurs later than 12 months after the member's election, the Governor may appoint a podiatrist nominated by the Minister;

(c)    before nominating a podiatrist for appointment the Minister must consult the representative bodies;

(d)    the person appointed holds office for the balance of the term of that person's predecessor.

 

         J M Davis CLERK OF THE LEGISLATIVE COUNCIL

 

         Ordered - That consideration of the amendments be an Order of the Day for Monday 11 April.

 

22      Adjournment

House adjourned at 6.00 pm until Monday 11 April at 2.00 pm.

 

 

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MOTION OF WHICH NOTICE WAS GIVEN

 

 

            For Monday 11 April 2005

 

Notice of Motion: Government Business -

 

The Attorney-General to move That he have leave to introduce a Bill for an Act to amend the Criminal Law (Sentencing) Act 1988 and the Criminal Law Consolidation Act 1935.

 

 

 

 

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Present during the day - All Members except the Deputy Premier (Hon K O Foley), Hon D C Kotz.

 

 

 

 

 

                                                                                                                        Hon R B Such

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY