No. 48

 

                                                     VOTES AND PROCEEDINGS

 

                                                                      OF THE

 

                                                         HOUSE OF ASSEMBLY

 

                                                                                                                                  ____________

 

 

                                                                          THURSDAY 16 MARCH  1995

 

 

 1         Meeting of House

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

 

2         Legislative Review Committee - Criminal Injuries Compensation Act - Report - Motion to note

                  Mr Cummins, pursuant to notice, moved - That the Report of the Legislative Review Committee on the Criminal Injuries Compensation Act 1978 be noted.

                  Question put and passed.

 

3         Public Works Committee - Patawalonga Dredging Project - Report - Motion to note

                  Mr Ashenden, pursuant to notice, moved - That the Report of the Public Works Committee on the Patawalonga Dredging Project be noted.

                  Debate ensued.

                  Question put and passed.

 

4         Voluntary Euthanasia 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 Scalzi, by leave, that the debate be further adjourned until Thursday next.

                 

5         Transportable Houses Sales Tax - Motion re

                  Mr Evans, pursuant to notice, moved - That this House condemns the move by the Australian Tax Office to impose sales tax on transportable houses and calls on the Federal Government to take whatever action is necessary to ensure that sales tax on transportable houses remains unchanged.

                  Debate ensued.

                  Ordered, on motion of Mr Meier, that the debate be adjourned until Thursday next.

 

6         Ports Corporation - Motion re

                  Mr Brokenshire, pursuant to notice, moved - That this House congratulates the Government  and the South Australian Ports Corporation for the positive growth and development of cargo services and in particular the 24% increase in trade volumes in recent months and the expected record trade volumes in 1995.

                  Ordered, on motion of Mr De Laine, that the debate be adjourned until Thursday next.

 

7          Postponement of business

                  Ordered - That Notices of Motion: Other Motions Nos 3 to 6  be  Notices of Motion for Thursday next.


 

8         Postponement of business

                  Ordered - That Notice of Motion: Other Motions No. 7 and Orders of the Day: Other Motions Nos 1 to 4  be postponed and taken into consideration after Order of the Day: Other Motions No. 5.

 

9         Discharge of business

                  Order of the Day: Other Motions No. 5 read.

                  Ordered - That this Order of the Day be discharged.

 

10       Wine and Grape Industry Interim Report - Motion re

                  Mr Brokenshire, pursuant to notice, moved -  That this House condemns the minority recommendations of the Chair Mr Bill Scales as set out in the Interim Report into the Wine and Grape Industry and urges the Federal Government not to adopt those recommendations which would have a devastating effect on jobs growth and economic development in South Australia.

                 

11        Postponement of business

                  Ordered - That Orders of the Day: Other Motions be postponed and taken into consideration after Notices of Motion: Other Motions are disposed of.

 

12       Wine and Grape Industry Interim Report - Motion re

                  Motion (interrupted by foregoing motion) resumed.

                  Debate ensued.

                  Ordered, on motion of Mr Venning, that the debate be adjourned until Thursday 6 April.

 

13       Football at Adelaide Oval - Motion re

                  Order of the Day read for the adjourned debate on the motion of Mr Condous -  That this House express its support for the playing of AFL matches at Adelaide Oval from the begining of 1996 and calls on the SANFL to address the strong support of a vast majority of South Australians for AFL football to be played at Adelaide Oval.

                  Debate resumed.

                  Ordered, on motion of Mr Kerin, that the debate be further adjourned until Thursday next.

 

14       Postponement of business

                  Ordered - That Orders of the Day: Other Motions Nos 2 to 4 and 6 to 14 be postponed and taken into consideration after Order of the Day: Other Motions No. 15.

 

15       Factor VIII - Motion re

                  Order of the Day read for the adjourned debate on the motion of  Mrs Greig - That this House calls on the Federal Government to recognise the need for a national approach to determine the quantity, source and provision of Factor VIII to ensure efficient and equitable allocation and as part of this approach suggests consideration of the cost implication of the supply of recombinant or synthetic Factor VIII as a new product in the treatment of haemophilia.

                  Debate resumed.

                  Ordered, on motion of Ms Stevens, by leave, that the debate be further adjourned until Thursday next.

 

16       Petitions Nos 153 and 154

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

 

                  153   Mr Evans, from 426 residents of South Australia, requesting that the House urge the Government to establish an additional railway station on the  Adelaide to Belair train line.

 

                  154   Mr Meier, from 16 residents of South Australia, requesting that the House urge the Government to oppose any measure to legislate for euthanasia.

 


17        Answer to question

                  An answer to a question without notice was tabled by the Speaker.

 

18       Papers

                  The following Papers were tabled:

 

                  By the Minister for Housing, Urban Development and Local Government Relations (Hon. J.K.G. Oswald) -

                        Triennial Review of the South Australian Housing Trust - Report, May 1994

 

                  By the Minister for Industry, Manufacturing, Small Business and Regional Development (Hon. J.W. Olsen) -

                              Ministerial Statement - Opera and Orchestra Services.

 

19       Questions

                  Questions without notice were asked.

                 

20       Grievance debate

                  The Speaker proposed - That the House note grievances.

                  Debate ensued.

                  Question put and passed.

 

21       Joint Committee on Women in Parliament

                  The Deputy Premier (Hon. S.J. Baker), by leave, moved - That the Members of the Joint Committee on Women in Parliament have leave to sit on that Committee during the sittings of the House today.

                  Question put and passed.

 

22       Suspension of Standing Orders

                  The Minister for Mines and Energy (Hon. D.S. Baker), without notice, moved - That Standing Orders be so far suspended as to enable the intoduction of a Bill without notice.

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

 

            Mining (Special Enterprises) Amendment Bill

                  The Minister for Mines and Energy, pursuant to order, moved - That he have leave to introduce a Bill for an Act to amend the Mining Act 1971.

                  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 Mr Quirke, that the debate be adjourned until Tuesday next.

 

23       Messages from the Legislative Council

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

 

            Statutes Amendment (Female Genital Mutilation and Child Protection) Bill          Message No. 94

                  MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Criminal Law Consolidation Act 1935 and the Children's Protection Act 1993, to which it desires the concurrence of the House of Assembly.

                  Legislative Council, 15 March 1995                                                                                                          H.P.K. Dunn, PRESIDENT

 

                  Bill read a first time.

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

                  Ordered, on motion of Mr Quirke, that the debate be adjourned until Tuesday next.


            Consumer Credit (South Australia) Bill                                                                                                   Message No. 95

                  MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, tilted an Act to make provision for a uniform legislative scheme to regulate the provision of consumer credit; and for other purposes, to which it desires the concurrence of the House of Assembly.

                  Legislative Council, 16 March 1995                                                                                                          H.P.K. Dunn, PRESIDENT

 

                  Bill read a first time.

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

                  Ordered, on motion of Mr Atkinson, that the debate be adjourned until Tuesday next.

 

            Credit Administration Bill                                                                                                                                           Message No. 96

                  MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to regulate credit providers; and for other purposes, to which it desires the concurrence of the House of Assembly

                  Legislative Council, 16 March 1995                                                                                                          H.P.K. Dunn, PRESIDENT

 

                  Bill read a first time.

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

                  Ordered, on motion of Mr Atkinson, that the debate be adjourned until Tuesday next.

 

            Retail Shop Leases Bill                                                                                                                                                     Message No. 97

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

                  Legislative Council, 16 March 1995                                                                                                          H.P.K. Dunn, PRESIDENT

 

                                                Schedule of the amendments made by the House of Assembly and disagreed

                                                                                                                 to by the Legislative Council

                  No. 1             Long Title—Leave out "and the Magistrates Court Act 1991".

                  No. 2            Clause 3, page 2, line 6—Leave out the definition of "(indexed)".

                  No. 3            Clause 3, page 2, lines 16 and 17—Leave out the definition of "Magistrates Court".

                  No. 4            Clause 3, page 2, line 31—Leave out the definition of "Registrar" and insert—

                                          "Registrar" means the Registrar of the Tribunal;.

                  No. 5            Clause 3, page 3, after line 23—Insert—

                                          "Tribunal" means the Tenancies Tribunal.

                  No. 6            Clause 3, page 3, lines 26 to 30—Leave out subclause (3).

                  No. 7             Clause 4, page 4, lines 1 and 2—Leave out paragraph (a) and insert—

                                          (a)     the rent payable under the lease exceeds $200 000 per annum or, if a greater amount is prescribed by regulation, that other amount; or.

                  No. 8            Clause 4, page 4, after line 9—Insert—

                                          (ai)   public company or a subsidiary of a public company; or.

                  No. 9            Clause 11, page 5, lines 25 to 31 — Leave out the clause.

                  No. 10         Clause 18, page 9, lines 6 to 13—Leave out paragraph (c) and insert—

                                          (c)     the lease contains a provision excluding the operation of this section and a lawyer who is not acting for the lessor certifies in writing that the lawyer has, at the request of the prospective lessee, explained the effect of the provision and how this section would apply to the lease if the lease did not include that provision; or.

                  No. 11          Clause 19, page 9, line 26—Leave out "landlord" and insert "lessor".

                  No. 12         Clause 21, page 11, lines 21 and 22—Leave out "Magistrates Court" and insert "Tribunal".

                  No. 13         Clause 25, page 14, lines 33 to 36—Leave out subclause (5).

                  No. 14         Page 16, after line 1 - Insert new clause 31 as follows:

                            31. "Land tax not to be recovered from lessee

                                          (1)      A retail shop lease cannot require the lessee to pay land tax or to reimburse the lesser for the payment of land tax.

                                          (2)     However, the lessor's liability for land tax in respect of the premises may be taken into account in the assessment of rent.

                                          (3)     This section does not apply to a retail shop lease entered into before a date fixed by regulation for the purposes of this section.

                  No. 15         Clause 38, page 19, lines 7 to 16 — Leave out the clause.

                  No. 16         Clause 41, page 21, lines 26 to 30—Leave out subclause (4).

                  No. 17          Clause 42, page 21, lines 31 to 41 and page 22, lines 1 to 19 — Leave out the clause.

                  No. 18         Clause 50, page 25, lines 30 to 37, page 26, lines 1 and 2—Leave out subclauses (2) and (3).

                  No. 19         New clause, page 29, after line 24—Insert new clause as follows:

                            59A. Relocation If a retail shop lease contains provision that enables the lessee's business to be relocated, the lease is taken to include provision to the following effect:

                                          (a)     the lessor cannot require the relocation of the lessee's business unless and until the lessor has provided the lessee with details of a proposed refurbishment, redevelopment or extension sufficient to indicate a genuine proposal that is to be carried out within a reasonably practicable time after relocation of the lessee's business and that cannot be carried out practicably without vacant possession of the lessee's shop; and

                                          (b)     the lessor cannot require the relocation of the lessee's business unless the lessor has given the lessee at least three months written notice of relocation (a "relocation notice") and that notice gives details of an alternative shop to be made available to the lessee; and

                                          (c)     the lessee is entitled to be offered a new lease of the alternative shop on the same terms and conditions (excluding rent) as the existing lease except that the term of the new lease is to be for the remainder of the term of the existing lease1; and

                                          (d)     if a relocation notice is given the lessee may terminate the lease within one month after the relocation notice is given by giving written notice of termination to the lessor, in which case the lease is terminated three months after the relocation notice was given unless the parties agree that it is to terminate at some other time; and

                                          (e)     if the lessee does not give a notice of termination under paragraph (d), the lessee is taken to have accepted the offer of a lease unless the parties have agreed to a lease on some other terms; and

                                          (f)      the lessee is entitled to payment by the lessor of the lessee's reasonable costs of the relocation, including legal costs2.

                                                                                                            1 Paragraph (c) only specifies the minimum entitlements that the lessee can insist on. It does not prevent the lessee from accepting other arrangements offered by the lessor when the details of a relocation are being negotiated.

                                                                                                            2 This section does not prevent the parties negotiating a new lease for the purpose of relocating the lessee. Paragraph (f) only specifies the minimum entitlements that the lessee can insist on and the parties can come to some other arrangement for the payment or sharing of the lessee's relocation costs when the details of a relocation are being negotiated.

                  No. 20        Clause 67, page 31, line 12—Leave out "a court, the court" and insert "the Tribunal or a court, the Tribunal or court".

                  No. 21         Clause 67, page 31, line 15—After "The" insert "Tribunal or".

                  No. 22        Clause 68, page 31, line 19—After "before" insert "the Tribunal or".

                  No. 23        Clause 69, page 31, line 22—After "before" insert "the Tribunal or".

                  No. 24        Heading, page 31, line 26—Leave out "MAGISTRATES COURT" and insert "TRIBUNAL".

                  No. 25        Clause 70, page 31, line 29—Leave out "Magistrates Court" and insert "Tribunal".

                  No. 26        Clause 70, page 31, line 30—Leave out "Magistrates Court" and insert "Tribunal".

                  No. 27         Clause 70, page 32, line 7—Leave out "Magistrates Court" and insert "Tribunal".

                  No. 28        Clause 70, page 32, line 9—Leave out "Magistrates Court" and insert "Tribunal".

                  No. 29        Clause 70, page 32, line 10—Leave out "Magistrates Court" and insert "Tribunal".

                  No. 30        Clause 71, page 32, line 15—Leave out "Magistrates Court" and insert "Tribunal".

                  No. 31         Clause 71, page 32, line 16—Leave out "Magistrates Court" and insert "Tribunal".

                  No. 32        Clause 71, page 32, line 19—Leave out "Magistrates Court" and insert "Tribunal".

                  No. 33        Clause 73, page 33, line 15—Leave out "Magistrates Court" and insert "Tribunal".

                  No. 34        Clauses 75, page 34, lines 1 to 12—Leave out the clause.

                  No. 35        Clause 76, page 34, lines 13 to 17—Leave out the clause.

                  No. 36        Clause 77, page 34, lines 18 to 27—Leave out the clause.

                  No. 37         Clause 78, page 35, lines 3 to 13—Leave out the clause.

                  No. 38        Clause 79, page 35, lines 14 to 19—Leave out the clause.

                  No. 39        Clause 80, page 36, line 24—Leave out "Magistrates Court" and insert "Tribunal".

                  No. 40        Clause 81, page 36, line 32—Leave out "Magistrates Court" and insert "Tribunal".

                  No. 41         Clause 82, page 37, line 7—Leave out "30 September" and insert 31 October".

                  No. 42        Clause 82, page 37, lines 9 and 10—Leave out paragraph (a) and insert—

                                          (a)     containing a report on—

                                                      (i)      the administration of this Act during the financial year ending on 30 June in that year; and

                                                      (ii)    the administration of the Fund during the financial year ending on 30 June in that year; and.

                  No. 43        Clause 82, page 37, line 12—Leave out "30 September" and insert "31 October".

                  No. 44        Clause 82, page 37, line 14—Leave out "Magistrates Court" and insert "Tribunal".

                  No. 45        Clause 85, page 38, lines 3 to 10—Leave out subclauses (2) and (3) and insert—

                                          (2)     However—

                                                      (a)     the former legislation continues to apply (subject to modifications prescribed by regulation) to a retail shop lease entered into before the commencement of this Act; but

                                                      (b)     if the retail shop lease creates a periodic tenancy, this Act applies to the lease as from the beginning of the first period after the first anniversary of the commencement of this Act as if there were a novation of the lease on that date.

                                          (3)     The regulations made for the purposes of subsection (2)(a) may provide that specified provisions of this Act apply to a retail shop lease entered into before the commencement of this Act.

                  No. 46        Clause 86, page 38, lines 16 to 24—Leave out the clause.

 

                                                     Schedule of the Reason for disagreeing with the foregoing amendments

 

                  Because the amendments are not desirable to achieve the purposes of the Bill.

                                                                                                                                                J.M. Davis, CLERK OF THE LEGISLATIVE COUNCIL

 

                                                                                      In Committee

                                          Resolved - That the amendments be insisted on.

 

                                                                                                                                  ____________

 

                  The House having resumed:

                  Hon H. Allison reported that the Committee had considered the Message referred to it and had resolved to insist on its amendments.

                             

            Co-operatives (Abolition of Co-operatives Advisory Council)

                    Amendment Bill                                                                                                                                                                Message No. 98

                  MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Co-operatives Act 1983, to which it desires the concurrence of the House of Assembly.

                  Legislative Council, 16 March 1995                                                                                  H.P.K. Dunn, PRESIDENT

 

                  Bill  read a first time.

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

                  Ordered, on motion of Mr Quirke, that the debate be adjourned until Tuesday next.

 

24       Gaming Supervisory Authority 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:

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

 

25       Postponement of business

                  Ordered - That Order of the Day: Government Business No. 2 be postponed and taken into consideration after Order of the Day: Government Business No. 3.

 

26       Dog and Cat Management 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. H. Allison reported that the Committee had considered the amendments referred to it and had agreed to the same without amendment.

 

27       Industrial and Employee Relations (Miscellaneous Provisions) Amendment Bill

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

 

                                                                                      In Committee

                                                Resolved - That Amendment No. 1 be ageed to with amendments.

                                                Resolved - That Amendments Nos 2 and 3 be agreed to.

                                                Resolved - That Amendment No. 4 be disagreed to.

                                                Resolved - That Amendment No. 5 be agreed to.

                                                Resolved - That Amendment No. 6 be agreed to with an amendment.

                                                Resolved - That Amendment Nos 7 to 9 be agreed to.

                                                Resolved - That Amendment No. 10 be disagreed to.

                                                                                                                                  ____________

 

                  The House having resumed:

                  Hon. H. Allison reported that the Committee had considered the amendments referred to it and had agreed to Amendments Nos 2, 3, 5 and 7 to 9 without amendment, had agreed to Amendments to Nos 1 and 6 with amendments and had disagreed to Amendments Nos 4 and 10.

 

28       Messages from the Legislative Council

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

 

            Retail Shop Leases Bill                                                                                                                                                     Message No. 99

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

                  Legislative Council, 16 March 1995                                                                                                          H.P.K. Dunn, PRESIDENT

                 

            Conference

                  The Deputy Premier moved -  That a Message be sent to the Legislative Council granting a Conference as requested by the Council; and that the time and place for holding it be the Second Floor Conference Room, at 3.30 p.m., Tuesday 21 march; and that Mr Atkinson, Hon S.J. Baker, Mr Cummins, Ms Greig and Mrs Geraghty be the Managers on the part of this House.

                  Question put and passed.

                 


            Retail Shop Leases Bill - Conference                                                                                                          Message No. 100

                  MR SPEAKER - In reply to Message No. 104 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, 16 March 1995                                                                                                          H.P.K. Dunn, PRESIDENT

 

29       Adjournment

                  House adjourned at 4.58 p.m. until Tuesday next  at 2.00 p.m.

                                                                                                                                  ____________

 

 

                                                                  MOTION WHICH NOTICE WAS GIVEN

 

 

                  For Tuesday 23 March 1995 

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

 

                  Hon. M.D. Rann to move - That he have leave to introduce a Bill for an Act to make provision for the collection and public inspection of information relating to political contributions and electoral expenditure associated with Parliamentary elections; and for other purposes.

 

                                                                                                                                  ____________

 

 

                  Present during the day - All Members except Mr Clarke and Mr Foley.

 

 

 

 

 

                                                                                                                                                                                                                                                G.M. Gunn

                                                                                                                                                                                                                                                SPEAKER

 

G.D. Mitchell

CLERK OF THE HOUSE OF ASSEMBLY