No 47

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

TUESDAY 26 NOVEMBER 2002

 

 

1       Meeting of House

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

 

2       Answers to questions

Answers to questions on the Notice Paper Nos 98 and 118 and questions without notice were tabled by the Speaker.

 

3       Papers

         The following Papers were tabled:

 

By the Speaker –

               Employee Ombudsman, Office of – Report 2001-2002

 

      Local Government Act:

                  City of Prospect – Report 2001-2002

                  City of Whyalla – Report 2001-2002

                  District Council of Cleve – Report 2001-2002

                  District Council of Grant – Report 2001-2002

                  Regional Council of Goyder – Report 2001-2002

 

By the Premier (Hon M D Rann) –

      Capital City Committee – Adelaide – Report 2001-2002

      Hydroponic Equipment Retailers, Proposal to License - Report of the NCP Review Panel – January 2002

 

By the Minister for Energy (Hon P F Conlon) –

      Code Registrar – Report 2001-2002

      South Australian Independent Pricing and Access Regulator – Report 2001-2002

      Technical Regulator (Electricity) – Report 2001-2002

      Technical Regulator (Gas) – Report 2001-2002

 

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

      South Australian Multicultural and Ethic Affairs Commission – Report 2001-2002

 

By the Minister for Health (Hon L Stevens) –

      Public and Environmental Health Council – Report 2001-2002

 

      Regulations under the following Act –

                  Food – Food Standards Code

 

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

      Radiation and Control Act – Report 2001-2002

      Ministerial Statement – Ernabella Community, Water Supply

 

By the Minister Assisting the Premier in the Arts (Hon J D Hill) –

      Country Arts SA – Report 2001-2002

      State Theatre Company of South Australia – Report 2001-2002

 

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

      Regulations under the following Act –

                  Road Traffic – Road Closure

 

By the Minister for Industrial Relations (Hon M J Wright) –

      Industrial Relations Commission, President of Industrial Relations Court, Senior Judge – Report 2001-2002

 

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

      Dried Fruits Board of South Australia – Report 2001-2002

 

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

      Local Government Superannuation Board – Report 2001-2002

      Outback Areas Community Development Trust – Report 2001-2002.

 

4       Questions

Questions without notice were asked.

 

5       Grievance debate

On motion of the Speaker, the House noted grievances.

 

6       Holidays (Adelaide Cup and Volunteers Day) Amendment 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 of the Legislative Council 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.

 

7       Message from the Legislative Council

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

 

         Legislative Review Committee – Substitution of Member                      Message No 55

MR SPEAKER - The Legislative Council informs the House of Assembly that it has appointed the Hon J Gazzola to the Legislative Review Committee in place of the Hon C Zollo, resigned.

         Legislative Council, 26 November 2002                                            R R Roberts, PRESIDENT

 

8       Postponement of business

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

 

9       Select Committee on the Crown Lands (Miscellaneous) Amendment Bill – Interim Report

Order of the Day read for the Report of the Select Committee on the Crown Lands (Miscellaneous) Amendment Bill to be brought up.

The Minister for Environment and Conservation brought up the Interim Report (Paper No. 200), together with Minutes of Proceedings and Evidence.

Report received.


 

Extension of time for bringing up Report

Ordered – on motion of the Minister for Environment and Conservation - That the time for bringing up the Final Report be extended until 17 February 2003.

 

Select Committee on the Crown Lands (Miscellaneous) Amendment Bill - Interim Report

The Minister for Environment and Conservation moved that the Interim Report be noted.

Ordered, on motion of Hon I F Evans that the debate be adjourned on motion.

 

         Crown Lands (Miscellaneous) Amendment Bill

Ordered – on motion of the Minister for Environment and Conservation - That the House resolve itself into a Committee of the Whole to consider the Crown Lands (Miscellaneous) Amendment Bill.

 

In Committee

                                                            Clause No 1 agreed to.

                                                            Clause No 2 read.

         To report progress and ask leave to sit again.

____________

 

         The House having resumed:

Mr Snelling 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.

 

10      Education (Charges) 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.

         Question put and passed.

         Bill read a second time.

 

In Committee

                                                            Clauses 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 without amendment.

 

Bill read a third time and passed.

 

11      Statutes Amendment (Road Safety Reforms) 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.

                                                            Clause No 3 agreed to.

 

Hon M R Buckby moved on page 3, after line 9, to insert new clause as follows:

    Minister to report on operation of Act

       3A. The Minister must, within 12 sitting days after the second anniversary of the commencement of section 1, cause a report on the operation of the amendments contained in this Act to be laid before both Houses of Parliament.

 

Question - That new clause No 3A be inserted - put and negatived.

                                                            Clauses Nos 4 to 6 agreed to.

                                                            Clause No 7 amended and agreed to.


 

          Hon M R Buckby moved on page 4, after line 13, to insert new clause as follows:

Substitution of s. 74

7A. Section 74 of the principal Act is repealed and the following section is substituted:

Duty to hold licence or learner's permit

74.   (1) Subject to this Act, a person who—

          (a) drives a motor vehicle of a particular class on a road; and

          (b) is not authorised to drive a motor vehicle of that class on a road but has previously been so authorised under this Act or the law of another State or a Territory of the Commonwealth, is guilty of an offence.

        Maximum penalty:$1 250.

       (2) Subject to this Act, a person who—

                 (a) drives a motor vehicle of a particular class on a road; and

                 (b) is not and has never been authorised, under this Act or the law of another State or a Territory of the Commonwealth, to drive a motor vehicle of that class on a road,

       is guilty of an offence.

        Maximum penalty: For a first offence—$2 500.

        For a subsequent offence—$5 000 or imprisonment for 1 year.

            (3) For the purposes of this section, a person is authorised to drive a motor vehicle of a particular class on a road if —

                  (a) the person holds a licence under this Act that authorises the holder to drive a motor vehicle of that class; or

                  (b) the person—

                          (i) holds a licence under this Act; and

                           (ii) has the minimum driving experience required by the regulations for the grant of a licence that would authorise the driving of a motor vehicle of that class; or

                  (c) the person holds a learner's permit.

       (4) When the holder of a licence under this Act drives a motor vehicle on a road as authorised under subsection (3) (b), the obligations imposed by section 75A on the holders of learner's permits and qualified passengers for learner drivers apply to the holder of the licence and any accompanying passenger with such modifications and exclusions as are prescribed by the regulations.

       (5) Where a court convicts a person of an offence against subsection (2) that is a subsequent offence, the following provisions apply:

                 (a) the court must order that the person be disqualified from holding or obtaining a driver's licence for such period, being not less than 3 years, as the court thinks fit;

                  (b) the disqualification prescribed by paragraph (a) cannot be reduced or mitigated in any way or be substituted by any other penalty or sentence;

                  (c) if the person is the holder of a driver's licence—the disqualification operates to cancel the licence as from the commencement of the period of disqualification.

         (6) In determining whether an offence is a first or subsequent offence for the purposes of                        subsection (2), any previous offence against this section or section 91(5) for which                                   the defendant has been convicted will be taken into account, but only if the                                          previous offence was committed within the period of 3 years immediately preceding                                the date on which the offence under consideration was committed.

 

Question - That new clause No 7A be inserted - put and negatived.

                                                   Clauses Nos 8 to 11 agreed to.

                                                   Clause No 12 agreed to.

 

Hon M R Buckby moved on page 5, line 21 to leave out paragraph (a).

             And on page 5, line 25 to leave out paragraph (d) and insert:

             (d) by striking out paragraph (a) of subsection (2) and substituting the following paragraph:

             (a) in the case of an applicant who is under the age of 19 years—

                        (i) until he or she turns 19; or

                        (ii) until 2 years have elapsed,

             whichever occurs later;

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

                                                               Clause No 12 agreed to.

                                                               Clause No 13 read.

 

Hon M R Buckby moved on page 6, lines 7 to 21 to leave out paragraphs (a) and (b).

 

Question put.

Committee divided (No 1):

 

           Ayes, 17

 

           Noes, 17

Mr Brokenshire

Ms Bedford

Hon M R Buckby (Teller)

Ms Breuer

Ms Chapman

Mr Caica

Hon I F Evans

Ms Ciccarello

Mr Goldsworthy

Hon P F Conlon

Hon R G Kerin

Mrs Geraghty

Hon D C Kotz

Mr Hanna

Hon Peter Lewis

Hon J D Hill

Hon W A Matthew

Mr Koutsantonis

Ms Maywald

Hon J D Lomax-Smith

Mr McEwen

Mr O'Brien

Mr Meier

Ms Rankine

Mrs Penfold

Mr Rau

Mrs Redmond

Hon L Stevens

Mr Scalzi

Ms Thompson

Mr Venning

Hon J W Weatherill

Mr Williams

Hon M J Wright (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 Ns 13 agreed to.

                                                   Clause No 14 agreed to.

                                                   Clause No 15 read.

 

         Question – That the clause be agreed to - put.

         Committee divided (No 2):

 

           Ayes, 19

           Noes, 15

 

Ms Bedford

Mr Brokenshire

Ms Breuer

Hon M R Buckby (Teller)

Mr Caica

Ms Chapman

Hon P F Conlon

Hon I F Evans

Mrs Geraghty

Mr Goldsworthy

Mr Hanna

Hon R G Kerin

Hon J D Hill

Hon D C Kotz

Mr Koutsantonis

Hon Peter Lewis

Hon J D Lomax-Smith

Hon W A Matthew

Mrs Maywald

Mr Meier

Mr McEwen

Mrs Penfold

Mr O'Brien

Mrs Redmond

Ms Rankine

Mr Scalzi

Mr Rau

Mr Venning

Hon L Stevens

Mr Williams

Ms Thompson

 

Hon J W Weatherill

 

Hon P L White

 

Hon M J Wright (Teller)

 

 

So it was resolved in the affirmative.

 

Hon M R Buckby moved on, page 8, after line 22 to insert new clause as follows:

       Amendment of s. 96—Duty to produce licence

       15A. Section 96 of the principal Act is amended by striking out subsection (1) and substituting the following subsections:

       (1) The driver of a motor vehicle, if requested by a member of the police force to produce his or her licence—

             (a) must produce the licence forthwith to the member of the police force who made the request; or

             (b) must—

                       (i) provide the member of the police force who made the request with a specimen of his or her signature; and

                       (ii) within 7 days after the making of the request, produce the licence at a police station conveniently located for the driver, specified by the member of the police force at the time of making the request.

       Maximum penalty:$250.

       (1a) The Commissioner of Police must ensure that a specimen signature provided to a member of the police force under this section is destroyed when the signature is no longer reasonably required for the purpose of investigating whether an offence has been committed under this Act.

 

Question - That new clause No 15A be inserted - put and negatived.

                                                            Clause No 16 agreed to.

                                                            Clause No 17 read.

 

       Hon M R Buckby moved on, page 8, after line 34 to insert new paragraph as follows:

              (aa) by inserting after subsection (1a) the following subsection:

                        (1b) Demerit points are not incurred on conviction or expiation of an offence against section 79B(2) of the Road Traffic Act 1961 constituted of being the owner of a vehicle that appears from evidence obtained through the operation of a photographic detection device to have been involved in the commission of a speeding offence only.;

       And on page 9, line 15 to leave out "(3c) In subsections (3a) and (3b) - " and insert:

              (c) by inserting after subsection (4) the following subsection:

              (5) In this section—

 

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

                                                            Clause No 17 agreed to.

                                                            Clause No 18 agreed to.

                                                            Clause No 19 read.

         To report progress and ask leave to sit again.

 

____________

 

         The House having resumed:

Mr Snelling 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.

 

12      Extension of time for adjournment

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

 

13      Statutes Amendment (Road Safety Reforms) Bill

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

 

In Committee

                                                            Clause No 19 further considered and agreed to.

                                                            Clause No 20 agreed to.

 

Hon M R Buckby moved on, page 10, after line 20 to insert new clauses as follows:

       Amendment of s. 45—Negligent or careless driving

       20A. Section 45 of the principal Act is amended—

             (a) by inserting "negligently or" after "vehicle";

             (b) by inserting at the foot of the section the following penalty provision:

       Penalty: If the driving causes the death of another—

             (a) for a first offence—$5 000 or imprisonment for 1 year; and

             (b ) for a subsequent offence—$7 500 or imprisonment for 18 months.

       If the driving causes grievous bodily harm to another—

             (a) for a first offence—$2 500 or imprisonment for 6 months; and

             (b) for a subsequent offence—$5 000 or imprisonment for 1 year.

             If the driving does not cause the death of another or grievous bodily harm to another—$1 250.;

              (c) by inserting after its present contents, as amended (now to be designated as subsection (1)) the following subsections:

       (2) In considering whether an offence has been committed under this section, the court must have regard to—

             (a) the nature, condition and use of the road on which the offence is alleged to have been committed; and

             (b) the amount of traffic on the road at the time of the offence; and

              (c) the amount of traffic which might reasonably be expected to enter the road from other roads and places; and (d)all other relevant circumstances, whether of the same nature as those mentioned or not.        (3) In determining whether an offence is a first or subsequent offence for the purposes of this section, only the following offences will be taken into account:

             (a) a previous offence against subsection (1) which resulted in the death of another or grievous bodily harm to another and for which the defendant has been convicted that was committed within the period of 5 years immediately preceding the date on which the offence under consideration was committed;

             (b) a previous offence against section 46 of this Act or section 19A of the Criminal Law Consolidation Act 1935 for which the defendant has been convicted that was committed within the period of 5 years immediately preceding the date on which the offence under consideration was committed.

 

Question - That new clause No 20A be inserted - put and negatived.

 

Hon M R Buckby moved to insert new clause as follows:

       Insertion of s. 45A

              20B. The following section is inserted after section 45 of the principal Act:

             Exceeding speed limit by 45 kilometres per hour or more

              45A. (1) A person who drives a vehicle at a speed that exceeds, by 45 kilometres per hour or more, the applicable speed limit is guilty of an offence.

             Penalty: A fine of not less than $300 and not more than $600.

                       (2) Where a court convicts a person of an offence against subsection (1), the following provisions apply:

                               (a) the court must order that the person be disqualified from holding or obtaining a driver's licence for such period, being not less than 3 months, as the court thinks fit;

                               (b) the disqualification prescribed by paragraph (a) cannot be reduced or mitigated in any way or be substituted by any other penalty or sentence;

                               (c) if the person is the holder of a driver's licence—the disqualification operates  to cancel the licence as from the commencement of the period of disqualification.

 

Question - That new clause No 20B be inserted - put and negatived.

                                                     Clauses Nos 21 to 24 agreed to.

                                                     Clause No 25 read.

 

Hon M R Buckby moved on page 12, lines 20 to 32 and page 13, lines 1 to 20 to leave out paragraph (a) and insert:

       (a) by striking out subsection (2a) and substituting the following subsections:

       (2a) A member of the police force may require—

             (a) the driver of a motor vehicle that approaches a breath testing station established under section 47DA; or

             (b) the driver of a motor vehicle during a prescribed period,

                       to submit to an alcotest.

       (2ab) A member of the police force may direct the driver of a motor vehicle to stop the vehicle and may give other reasonable directions for the purpose of making a requirement under this section that the driver submit to an alcotest or a breath analysis.

       (2ac) A person must forthwith comply with a direction under subsection (2ab);

 

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

 

Hon M R Buckby moved on page 13, after line 20 to insert new paragraph as follows:

       (ab) by inserting after subsection (2e) the following subsection:

              (2f) A member of the police force may not, while driving or riding in or on a vehicle not marked as a police vehicle, direct the driver of a motor vehicle to stop the vehicle for the purpose of making a requirement under this section that the driver submit to an alcotest or a breath analysis.;

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

 

Hon M R Buckby moved on page 13, lines 27 to 35 to leave out subsection (8) and insert:

       (8) The Commissioner of Police must, not less than 2 days before the commencement of each prescribed period, cause a notice to be published in a newspaper circulating generally in the State and at a web site determined by the Commissioner stating the time at which the prescribed period commences and the time at which it finishes and containing advice about the powers members of the police force have under this section in relation to a prescribed period.

       (9) In this section—

             "long weekend" means a period of consecutive days comprised of a Saturday and Sunday and one or more public holidays;

             "Minister" means the Minister responsible for the administration of the Police Act 1998;

             "prescribed period" means—

                       (a) a period commencing at 5 p.m. on the day immediately preceding the start of a long weekend and finishing at the end of the long weekend; or

                       (b) a period commencing at 5 p.m. on the last day of a school term and finishing at the end of the day immediately preceding the first day of the following school term; or

                       (c) a period commencing at a time determined by the Minister and finishing 48 hours later (provided that there can be no more than four such periods in any calender year);

             "school term" means a school term determined for a government school under the Education Act 1972.

       (10) A certificate purporting to be signed by the Minister and to certify that a specified period was a prescribed period for the purposes of this section is admissible in proceedings before a court and is, in the absence of proof to the contrary, proof of the matters so certified.

 

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

                                                            Clauses No 25 agreed to.

                                                            Clauses Nos 26 to 29 agreed to.

                                                            Clause No 30 read.

 

Hon M R Buckby moved on page 15, line 11—After "amended" insert:

(a) by striking out subsection (1) and substituting the following subsections:

(1) If a court before which a person is charged with a prescribed first or second offence convicts the person of the offence, or finds that the charge is proved but does not proceed to conviction, the court must, unless proper cause for not doing so is shown, make an order requiring the person to undertake a prescribed programme of training and education within a period fixed by the court (being not more than 6 months from the making of the order).

            (1a) A programme of training and education prescribed for the purposes of subsection                     (1) must (except so far as it is not practicable to do so in a particular case)                                     include—

                                    (a) lectures as to road accidents and their causes and consequences;                               and

                                    (b) the viewing of graphic films or other visual images of road                                                         accidents; and

                                    (c) meetings with victims of road accidents.;

 

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

                                                            Clause No 30 agreed to.

                                                            Clause No 31 agreed to.

                                                            Clause No 32 read.

 

Hon M R Buckby moved on page 15, lines 26 to 35 to leave out paragraph (c), and on page 16, lines 1 to 18 to leave out paragraph (d).

 

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

 

Hon M R Buckby moved on page 16, after line 35 to insert new subsection as follows:

(9b) Where a photographic detection device is operated for the purpose of obtaining evidence of the commission of speeding offences by drivers of vehicles proceeding in a particular direction on a portion of road, a person responsible for the setting up or operation of the device must ensure that the device is not concealed from the view of such drivers.

 

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

                                                   Clause No 32 agreed to.

 

Hon M R Buckby moved on page 17, after line 7 to insert a new clause as follows

Substitution of s. 79C

32A. Section 79C of the principal Act is repealed and the following section is substituted:

 

Interference with photographic detection devices

79C. A person who, without proper authority or reasonable excuse, interferes with a photographic detection device or its proper functioning is guilty of an offence.

Maximum penalty: $5 000 or imprisonment for 1 year.

 

Question - That new clause No 32A be inserted - put and negatived.

                                                            Clause No 33 agreed to.

                                                            Title agreed to.

____________

 

         The House having resumed:

Mr Snelling reported that the Committee had considered the Bill referred to it and had agreed to the same with amendment.

 

Bill read a third time and passed.

 

14      Message from the Legislative Council

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

 

         Statutes Amendment (Environment Protection) Bill                                Message No 56

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Environmental Protection Act 1993 and the Radiation Protection and Control Act 1982, without any amendment.

         Legislative Council, 26 November 2002                                            R R Roberts, PRESIDENT

        

15      Adjournment

House adjourned at 10.49 pm until tomorrow at 2.00 pm.

 

____________


 

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

            For Wednesday 27 November 2002

 

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

 

Hon I F Evans to move – That he have leave to introduce a Bill for an Act to amend the Parliamentary Superannuation Act 1974, the Police Superannuation Act 1990 and the Superannuation Act 1988.

 

Hon I F Evans to move – That he have leave to introduce a Bill for an Act to amend the Industrial and Employee Relations Act 1994.

 

            For Thursday 28 November 2002

 

Notices of Motion: Other Motions -

 

Ms Chapman to move – That this House congratulates the Royal Zoological Society of South Australia on the opening of the Caddick Rhino Boma at Monarto Zoological Park on 22 November.

 

Ms Bedford to move – That this House recognises the enormous achievement of South Australian scientists and their contribution to the State’s economy and wealth through intellectual endeavours that promote industry and employment.

____________

 

 

Present during the day - All Members except Hon K O Foley.

 

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

 

         Division No 1 -

               Ayes - Mr Brindal, Hon D C Brown, Hon G M Gunn, Mrs Hall, Mr Hamilton-Smith, Dr McFetridge.

               Noes - Hon M J Atkinson, Hon K O Foley, Hon S W Key, Hon M D Rann, Mr Snelling, Hon P  L White.

 

         Division No 2 -

               Ayes - Mr Brindal, Hon D C Brown, Hon G M Gunn, Mrs Hall, Mr Hamilton-Smith, Dr McFetridge.

               Noes - Hon M J Atkinson, Ms Ciccarello, Hon K O Foley, Hon S W Key, Hon M D Rann, Mr Snelling.

 

 

 

 

 

                                                                                                                        Peter Lewis

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY