No 48

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

THURSDAY 10 JULY 1997

 

 

1       Meeting of House

         The House met pursuant to adjournment.  The Speaker (Hon G M Gunn) took the Chair and read                    prayers.

 

2       Postponement of business

Ordered - That Notices of Motion: Private Members Bills/Committees/Regulations Nos 1 and 2 be Notices of Motion for Thursday 24 July.

 

3       Public Works Committee - Report - Wallaroo to Port Wakefield Road Upgrade - Motion to note

Mr Oswald, pursuant to notice, moved - That the Fifty-Eighth Report of the Public Works Committee on the Wallaroo to Port Wakefield Road Upgrade - Wallaroo to Kadina Section be noted.

         Debate ensued.

         Question put and passed.

 

4       Economic and Finance Committee - Report - Economic and Financial Aspects of the MFP Development Corporation for the Year Ended 30 June 1996 - Motion to note

Mr Becker, pursuant to notice, moved - That the Twentieth Report of the Economic and Finance Committee on Economic and Financial Aspects of the MFP Development Corporation for the Year Ended 30 June 1996 be noted.

         Debate ensued.

         Question put and passed.

 

5       Postponement of business

Ordered - That Order of the Day: Private Members Bills/Committees/Regulations No 1 be an Order of the Day for Thursday 24 July.

 

6       Select Committee on Organs for Transplantation

Order of the Day read for the Final Report of the Committee to be brought up.

         Report received.

 

         Ordered to be printed (Paper No 221)

 

The Minister for Health (Hon M H Armitage) moved - That the Report be noted.

         Debate ensued.

 

         Ordered, on motion of Mr Lewis, that the debate be adjourned until Thursday 24 July.

 


7       Constitution (Casual Vacancies in House of Assembly) Amendment Bill

         Order of the Day read for the further consideration in Committee of this Bill.

 

In Committee

                                                Clause No 3 further considered.

         Question - That this clause stand as printed - put.

         Committee divided (No 1)

 


                       Ayes, 22

 

Hon M H Armitage

Hon E S Ashenden

Mr Bass

Mr Becker

Mr Brindal

Mr Brokenshire

Mr Buckby

Mr Caudell

Mr Condous

Mrs Greig

Hon G M Gunn

Mrs Hall

Hon G A Ingerson

Hon R G Kerin

Mrs Kotz

Hon W A Matthew

Mr Meier

Mr Oswald

Mrs Rosenberg

Mr Venning

Hon D C Wotton

Mr Evans (Teller)


        Noes, 16

 

Mr Andrew

Mr Atkinson

Hon F T Blevins

Hon D C Brown

Mr Clarke

Mr Foley

Ms Hurley

Mr Lewis

Mrs Penfold

Hon M D Rann

Mr Rossi

Mr Scalzi

Ms Stevens

Hon R B Such

Ms White

Mr Wade (Teller)


 

         So it was resolved in the affirmative.

                                                Title agreed to.

____________

 

         The House having resumed:

The Hon H Allison reported that the Committee had further considered the Bill referred to it and had agreed to the same without amendment.

 

Ordered - That the third reading be an Order of the Day for Thursday 24 July.

 

8       Postponement of business

Ordered - That Order of the Day: Private Members Bills/Committees/Regulations No 4 be an Order of the Day for Thursday 24 July.

 

9       Rehabilitation of Sexual Offenders Bill

         Order of the Day read for the further consideration in Committee of this Bill.

 

In Committee

                                                Clause No 9 further considered and agreed to.

                                                Clause No 10 read.

____________

 

It being Midday, the Chairman reported progress.

____________

 


10      Suspension of Standing and Sessional Orders

Mr Meier, without notice, moved - That Standing and Sessional Orders be so far suspended as to enable Notices of Motion: Other Motions to be postponed until Orders of the Day: Private Members Bills/ Committees/ Regulations are disposed of.

Question put and passed, without a negative voice, there being present an absolute majority of the whole number of Members of the House.

 

11      Rehabilitation of Sexual Offenders Bill

In Committee

                                                Clause No 10 further considered.

         Question - That this clause stand as printed - put.

         Committee divided (No 2)

 


                       Ayes, 26

 

Mr Andrew

Hon E S Ashenden

Mr D S Baker

Mr Bass

Mr Becker

Mr Brindal

Mr Brokenshire

Mr Buckby

Mr Caudell

Mr Condous

Mr Evans

Mrs Greig

Hon G M Gunn

Mrs Hall

Hon G A Ingerson

Hon R G Kerin

Mrs Kotz

Mr Lewis

Mr Meier

Mr Oswald

Mrs Penfold

Hon R B Such

Mr Venning

Mr Wade

Hon D C Wotton

Mrs Rosenberg (Teller)


        Noes, 11

 

Hon M H Armitage

Hon F T Blevins

Mr Clarke

Mr Foley

Ms Hurley

Hon W A Matthew

Mr Rossi

Mr Scalzi

Ms Stevens

Ms White

Mr Atkinson (Teller)


 

         So it was resolved in the affirmative.

                                                Clause agreed to.

                                                Clauses Nos 11 to 19 agreed to.

                                                Title agreed to.

____________

 

         The House having resumed:

The Hon H Allison 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.

 

12      Postponement of business

Ordered - That Order of the Day: Private Members Bills/Committees/Regulations No 6 be an Order of the Day for Thursday 24 July.

 

13      Community Protection 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 Mr Bass, that the debate be further adjourned until Thursday 24 July.

14      Summary Offences (Prostitution) 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.

Ordered, on motion of Mrs Penfold, that the debate be further adjourned until Thursday 24 July.

 

15      Statutes Amendment (Sexual Offences) 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 Mrs Penfold, that the debate be further adjourned until Thursday 24 July.

 

16      Postponement of business

Ordered - That Orders of the Day: Private Members Bills/Committees/Regulations Nos 10 and 11 be Orders of the Day for Thursday 24 July.

 

17      Correctional Services (Victim Protection) Amendment Bill

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

Mr Bass moved - That the debate be further adjourned.

 

         Question put.

         Committee divided (No 3)

 


                       Ayes, 27

 

Hon H Allison

Mr Andrew

Hon M H Armitage

Hon E S Ashenden

Mr Becker

Mr Brindal

Mr Brokenshire

Hon D C Brown

Mr Buckby

Mr Caudell

Mr Condous

Mr Evans

Mrs Greig

Mrs Hall

Hon G A Ingerson

Mrs Kotz

Mr Lewis

Hon W A Matthew

Mrs Penfold

Mrs Rosenberg

Mr Rossi

Mr Scalzi

Hon R B Such

Mr Venning

Mr Wade

Hon D C Wotton

Mr Bass  (Teller)


        Noes, 8

 

Hon F T Blevins

Mr Clarke

Mr Foley

Ms Hurley

Hon M D Rann

Ms Stevens

Ms White

Mr Atkinson (Teller)


 

         So it was resolved in the affirmative.

 

         Ordered - That the adjourned debate be an Order of the Day for Thursday 24 July.

 

18      Petition No 121

         The Clerk announced that the following Member had lodged a Petition for presentation:

 

121       Mr Brokenshire, from 33 residents of South Australia, requesting that the House support the passage of the Summary Offences (Prostitution) Amendment Bill 1996.

19      Questions

         Questions without notice were asked.

 

20      Papers

         The following Papers were tabled:

 

         By the Premier (Hon J W Olsen) -

               Conflict of Interest concerning Mr D S Baker MP - Premiers Report - July 1997

               Response to Conflict of Interest findings by Mr D S Baker and his legal advisers - July 1997

 

         By the Deputy Premier (Hon G A Ingerson) -

               Bolivar Wastewater Treatment Plant - Major Odour Event - Independent Audit Report.

 

21      Grievance debate

         The Speaker proposed - That the House note grievances.

         Debate ensued.

         Question put and passed.

 

22      Next day of sitting

         The Deputy Premier moved - That the House at its rising adjourn until Tuesday 22 July at 2.00 pm.

         Question put and passed.

 

23      Messages from the Legislative Council

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

 

         Retail Shop Leases Amendment Bill                                                      Message No 110

MR SPEAKER - The Legislative Council has disagreed to the amendment made by the House of Assembly in the Retail Shop Leases Amendment Bill, for the Reason indicated in the annexed Schedule. The Legislative Council returns the Bill herewith and desires its reconsideration.

         Legislative Council, 10 July 1997                                                    H P K Dunn, PRESIDENT

 

Schedule of the Reason for disagreeing with the foregoing amendment

 

Because the Council is of the view that the application of the Bill should be wider.

J M Davis, CLERK OF THE LEGISLATIVE COUNCIL

 

         Ordered - That the Message be taken into consideration forthwith.

 

In Committee

Resolved - That the amendment be insisted on.

____________

 

         The House having resumed:

Mr Bass reported that the Committee had considered the Message referred to it and had resolved to insist on its amendment.

 


         Liquor Licensing Bill                                                                              Message No 111

MR SPEAKER - The Legislative Council has agreed to Amendment No 1 without amendment, but has disagreed to Amendments Nos 2 and 3 made by the House of Assembly in the Liquor Licensing Bill, for the Reason indicated in the annexed Schedule. The Legislative Council returns the Bill herewith and desires its reconsideration.

         Legislative Council, 10 July 1997                                                    H P K Dunn, PRESIDENT

 

Schedule of the Reason for disagreeing with the foregoing amendment

 

Because the Council is of the view that the amendments do not improve the Bill.

J M Davis, CLERK OF THE LEGISLATIVE COUNCIL

 

         Ordered - That the Message be taken into consideration forthwith.

 

In Committee

Resolved - That Amendments Nos 2 and 3 be insisted on.

____________

 

         The House having resumed:

Mr Bass reported that the Committee had considered the Message referred to it and had resolved to insist on its Amendments Nos 2 and 3.

 

         Motor Vehicles (Farm Implements and Machines) Amendment Bill                   Message No 112

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Motor Vehicles Act 1959 and to make consequential amendments to the Road Traffic Act 1961, to which it desires the concurrence of the House of Assembly.

         Legislative Council, 10 July 1997                                                    H P K Dunn, PRESIDENT

 

         Bill read a first time.

 

         Ordered - That the second reading be taken into consideration on motion.

 

         Road Traffic (Expressways) Amendment Bill                                          Message No 113

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Road Traffic Act 1961, to which it desires the concurrence of the House of Assembly.

         Legislative Council, 10 July 1997                                                    H P K Dunn, PRESIDENT

 

         Bill read a first time.

 

         Ordered - That the second reading be taken into consideration on motion.

 

24      Statutes Repeal and Amendment (Development)(Environmental Impact Statements) Amendment Bill

The Minister for Housing and Urban Development (Hon E S Ashenden), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Statutes Repeal and Amendment (Development) Act 1993.

Question put and passed.

 

         Bill presented and read a first time.

 

         Suspension of Standing Orders

The Minister, without notice, moved - That Standing Orders be so far suspended as to enable this Bill to pass through its remaining stages without delay.

Question put and passed.

 


 

 

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

         Debate ensued.

         Question put and passed.

 

         Bill read a second time.

In Committee

                                                Clauses Nos 1 to 3 agreed to.

                                                Title agreed to.

____________

 

         The House having resumed:

Mr Oswald 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.

 

25      Joint Committee on Living Resources - Final Report - Motion to note

Order of the Day read for the adjourned debate on the motion of the Minister for the Environment and Natural Resources - That the Final Report of the Joint Committee on Living Resources Committee be noted.

         Debate resumed.

         Question put and passed.

 

26      Messages from the Legislative Council

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

 

         Retail Shop Leases Amendment Bill                                                      Message No 114

MR SPEAKER - The Legislative Council requests that a Conference may be granted to it respecting certain amendments in the Retail Shop Leases Amendment Bill. In the event of a Conference being agreed to, the Legislative Council will be represented thereat by five managers.

         Legislative Council, 10 July 1997                                                    H P K Dunn, PRESIDENT

 

Ordered - That the Message be taken into consideration forthwith.

 

         Conference - Retail Shop Leases Amendment Bill

The Treasurer moved - That a Message be sent to the Legislative Council granting a Conference as requested by the Council; and that the time and the place for holding it be the King William Room, at 4.45 pm today: and that Mr Atkinson, Ms Hurley, Mr Oswald, Mr Venning and the mover be the managers on the part of this House.

Question put and passed.

 

The Treasurer moved - That the sitting of the House be continued during the Conference with the Legislative Council on the Retail Shop Leases Amendment Bill.

 

         Liquor Licensing Bill                                                                              Message No 115

MR SPEAKER - The Legislative Council requests that a Conference may be granted to it respecting certain amendments in the Liquor Licensing Bill. In the event of a Conference being agreed to, the Legislative Council will be represented thereat by five managers.

         Legislative Council, 10 July 1997                                                    H P K Dunn, PRESIDENT

 

Ordered - That the Message be taken into consideration forthwith.

 


         Conference - Liquor Licensing Bill

The Treasurer moved - That a Message be sent to the Legislative Council granting a Conference as requested by the Council; and that the time and the place for holding it be the King William Room, at 4.00 pm on Monday 21 July: and that Mr Atkinson, Mr Brindal, Mr Clarke, Mr Scalzi and the mover be the managers on the part of this House.

Question put and passed.

 

         Retail Shop Leases Amendment Bill                                                      Message No 116

MR SPEAKER - In reply to Message No 127 from the House of Assembly, the Legislative Council agrees to the time and place appointed by the House of Assembly for holding the Conference.

         Legislative Council, 10 July 1997                                                    H P K Dunn, PRESIDENT

 

         Liquor Licensing Bill                                                                              Message No 117

MR SPEAKER - In reply to Message No 128 from the House of Assembly, the Legislative Council agrees to the time and place appointed by the House of Assembly for holding the Conference.

         Legislative Council, 10 July 1997                                                    H P K Dunn, PRESIDENT

 

27      Adjournment

         House adjourned at 5.00 pm until Tuesday 22 July at 2.00 pm.

 

____________

 

 

MOTION OF WHICH NOTICE WAS GIVEN

 

 

               For Tuesday 22 July 1997

 

         Notice of Motion: Government Business -

 

The Minister for Infrastructure to move - That he have leave to introduce a Bill for an Act to amend the Irrigation Act 1994

 

____________

 

 

         Present during the day - All Members except Mr De Laine (on leave) Mrs Geraghty and Mr Quirke.

 

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

 

         Division No 3 -

               Ayes - Mr Meier, Hon J W Olsen and Mr Cummins

               Noes - Mr De Laine, Mr Quirke and Mrs Geraghty

 

 

 

 

 

                                                                                                            G M Gunn

                                                                                                            SPEAKER

 

G D Mitchell

CLERK OF THE HOUSE OF ASSEMBLY