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                                                                                               No.49

 

                    VOTES AND PROCEEDINGS

 

                           OF THE

 

                      HOUSE OF ASSEMBLY

 

                                                                                                                    

 

 

                                                                               THURSDAY 2 APRIL 1992

 

 

1              Meeting of House

                The House met pursuant to adjournment.  The Speaker (Hon. N.T. Peterson) took the

                    Chair and read prayers.

 

2              Conference - Statutes Repeal (Egg Industry) Bill

                The Deputy Premier (Hon.D.J.Hopgood), without notice, moved - That the sitting of the

                    House be continued during the Conference with the Legislative Council on the Statutes Repeal (Egg Industry) Bill.

                Question put and passed.

 

3              Legislative Review Committee - Reports

                Mr McKee, brought up the following Reports of the Legislative Review Committee:

                    Sixth Report 1992.

                    Seventh Report 1992.

                Reports received.

 

4              Summary Offences Act - Regulations - Traffic Infringement Notices - Motion for

                    disallowance

                Order of the Day read for the adjourned debate on the motion of Mr Gunn - That the

                    Regulations under the Summary Offences Act 1953 relating to Traffic Infringement Notices - Obscuring Number Plates, made on 13 February and laid on the Table of this House on 18 February 1992, be disallowed.

                Debate resumed.

                Ordered, on motion of Hon.B.C.Eastick, that the debate be further adjourned until

                    Thursday next.

 

5              Discharge of business

                Order of the Day (Regulations/Committees) No. 2 read.

                Ordered - That this Order of the Day be discharged.

 

6              Postponement of business

                Ordered - separately - That Orders of the Day (Regulations/Committees) Nos 3 and 4 be

                    Orders of the Day for Thursday next.

 

7              Economic and Finance Committee, First Report - Motion to note

                Order of the Day read for the consideration of the First Report of the Economic and Finance Committee relating to Public Sector Asset Management Developments

                    1988-91.

                Mr Groom moved - That the Report be noted.

                Ordered, on motion of Hon.H. Allison, that the debate be further adjourned until

                    Thursday next.

 

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8              Waterways Farm - Motion re

                Hon.D.C. Wotton, pursuant to notice, moved - That this House congratulates and expresses

                    it support to the operators of Waterways Farm at Keyneton for the excellent work

                    being carried out in this area of land rehabilitation by providing land and soil

                    rehabilitation services and in developing systems of whole farm planning which take into account the need for environment and economic returns.

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

 

9              Public Housing Funding - Motion re

                Mr Holloway, pursuant to notice, moved - That this House rejects Opposition proposals to

                    abandon     the construction program of the South Australian Housing Trust in favour of a

                    private rental subsidy scheme and calls on the Federal Government to provide additional

                    support for public housing in South Australia.

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

 

10           Postponement of business

                Ordered - That Notice of Motion (Other Motions) No.3 be postponed and resumed on

                    motion.

 

11           Agricultural Policies - Motion re

                Mrs Hutchison, having, by leave, amended the notice previously given, moved - That this                 House -

                    (a) strongly supports submission to have an urgent resolution of the agricultural policies in the Uruguay round;

                    (b)     strongly supports at least the adoption of the Dunkel proposals as soon as possible;

                    (c) commends the Australian Government for supporting a team of Ministers to the negotiations;

                    and

                    (d)     pledges multi-partisan support for this proposal;

                    and further, this House requests the Speaker to forward a copy of this resolution to the

                    Federal Ministers of Trade and Overseas Development, and Primary Industries and

                    Energy as an urgent measure.

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

 

12           Trade Policies - Motion re

                Mr Holloway, pursuant to notice, moved - That this House deplores the anti-competitive   trade policies of the United States and the apparent acquiescence of Japan to those policies, which threaten to lead to the cancellation of contracts for Australian manufactured motor vehicle components in favour of inferior or more expensive U.S. products.

                Ordered, on motion of Hon. B.C. Eastick, that the debate be adjourned until Thursday                         next.

 

13           One Nation Package - Motion re

                Mr Atkinson, pursuant to notice, moved - That this House welcomes the measures in the

                    Prime Minister's One Nation statement as a balanced fiscal stimulus that will put many

                    Australians back to work and result in a more competitive Australian economy and

                    recognises the potential benefit to the South Australian economy of the Adelaide-Melbourne rail standardisation, upgrading of the Port Augusta rail workshops, additional

                    road funding and tax concessions to small business.

                Ordered, on motion of Hon.H. Allison, that the debate be adjourned until Thursday next.

 

 


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14           Country Rail Service - Motion re

                Order of the Day read for the adjourned debate on the motion of Mr Venning - That this

                    House calls on Australian National, in co-operation with the State Transport Authority,

                    to proceed toward the re-establishment of a country rail passenger network with priority

                    being given to services for the Iron Triangle and the South East:

                      Which Mrs Hutchison has moved to amend by leaving out all words after the word "on"

                    and inserting in lieu thereof the words "the Federal Government to re-establish the

                    country rail passenger network to Whyalla, Mt Gambier and Broken Hill with priority

                    being given to services to the Iron Triangle and the South East".

                Debate resumed.

                Ordered, on motion of Mr Holloway, that the debate be further adjourned until Thursday

                    next.

 

15           Pensions, Indexing of - Motion re

                Order of the Day read for the adjourned debate on the motion of Mr Holloway - That this

                    House supports the call of the South Australian Council on the Ageing for a review by the Commonwealth Department of Social Security of the basket of goods and services included in the Consumer Price Index as the basis for indexing pensions.

                Debate resumed.

                Question put and passed.

 

16           Public Transport Operating Hours - Motion re

                Order of the Day read for the adjourned debate on the motion of Mr Matthew - That this

                    House calls on the Government to abandon its short sighted decision to cease operating public transport at 10.00 p.m. on Sunday to Thursday of each week without providing for an alternative means by which South Australians can gain access to affordable transport.

                Debate resumed.

                Hon. T.H. Hemmings moved to leave out all words after the word "to" first occurring, and

                    insert      in lieu thereof the words: "continue discussion with all parties potentially affected

                    by the Government's recently announced changes to public transport finishing times, with a view to ensuring that public transport, or a satisfactory alternative, continues after 10.00 p.m. on Sunday to Thursday of each week".

                Debate continued.

                Ordered, on motion of Mr S.G. Evans, that the debate be further adjourned until Thursday

                    next.

                   

17           National Economy - Motion re

                Order of the Day read for the adjourned debate on the motion of Mr Venning - That

                    because of the parlous state of the nation's economy, this House demands that the following urgent measures be implemented by the Federal Government immediately -

                    (a) abolition of payroll tax;

                    (b)     abolition of the 17.5% annual leave loading;

                    (c) abolition of penalty rates; and

                    (d)     return to a 40 hour, 5 day week:

                          Which Hon.T.H.Hemmings has moved to amend by leaving out all words after "That"

                    and inserting in lieu thereof the words "this House calls on the Federal Government to

                    negotiate with the States on options to replace payroll tax with a more appropriate source

                    of revenue."        

                Debate resumed.

                Ordered, on motion of Mr S.G. Evans, that the debate be further adjourned until Thursday

                    next.

 

18           Questions

                Questions without notice were asked.

 

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19           Grievance debate

                The Speaker proposed - That the House note grievances.

                Debate ensued.

                Question put and passed.

 

20           Survey Bill

                Order of the Day read for consideration of the amendments of the Legislative Council in

                    the Survey Bill.

 

                                                                                            In Committee

                                                             Resolved - That Amendments Nos 1 to 4 be agreed to.

                The Minister of Lands (Hon. S.M. Lenehan) moved a consequential amendment to Clause

                    No. 43 to leave out subclause (6) and insert new subclause as follows:

                    (6) Survey instructions may -

                               (a) vary in their operation according to time, place or circumstance;

                               (b)     confer discretionary powers on the Surveyor-General.

 

                Amendment to amendment

                Hon. D.C. Wotton moved to amend the consequential amendment by inserting after the     words "Surveyor-General" the words:

                               "as to all or any of the following:

                               (c) exemptions from compliance with the instructions in particular cases where, in the opinion of the Surveyor-General, compliance is impracticable or might involve unreasonable delay or expense;

                               (d)     standards of accuracy to be attained in relation to cadastral surveys and additional work that may be necessary in a particular cadastral survey to ensure the accuracy of the survey;

                               (e) marks that may be accepted as survey marks or other marks used in connection with a cadastral survey;

                               (f) the placing of permanent survey marks and information that must be supplied to the Surveyor-General in connection with such placement;

                               (g)     the placing of marks (other than survey marks) to aid in re-establishing a cadastral survey;

                               (h)     information that must accompany plans deposited in the Department of Lands;

                               (i)  any other matter of a technical or administrative nature in relation to cadastral surveys and records of cadastral surveys."

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

                Question - That the consequential amendment be agreed to - put and passed.

 

                                                                                                                          

 

                The House having resumed:

                Mr M.J. Evans reported that the Committee had considered the amendments referred to it

                    and had agreed to the same without amendment and had agreed to a consequential amendment.

 

21           South Eastern Water Conservation and Drainage Bill

                Order of the Day read for consideration of the amendments of the Legislative Council in

                    the South Eastern Water Conservation and Drainage Bill.

 

 

 

 

 

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                                                                                            In Committee

                                         Resolved - That Amendment No. 1 be disagreed to and an alternative                                                                                                             amendment be made in lieu thereof.

                                         Resolved - That Amendment No. 2 be disagreed to.

                                         Resolved - That Amendment No. 3 be disagreed to and an alternative                                                                                                             amendment be made in lieu thereof.

                                         Resolved - That Amendment No.4 be agreed to with an amendment.

                                         Resolved - That Amendment No. 5 be disagreed to.

                                         Resolved - That Amendment No. 6 be disagreed to and an alternative                                                                                                             amendment be made in lieu thereof.

                                         Resolved - That Amendments Nos 7 and 8 be disagreed to.

                                         Resolved - That Amendment No. 9 be disagreed to and an alternative                                                                                                             amendment be made in lieu thereof.

 

                                                                                                                            

 

        The House having resumed:

                Mr M.J. Evans reported that the Committee had considered the amendments referred to it

                    and had agreed to Amendment No.4 with an amendment, had disagreed to Amendments Nos 2, 5, 7 and 8, had disagreed to Amendments Nos 1, 3, 6 and 9 and made alternative amendments in lieu thereof.

               

22           Crown Proceedings Bill

                Order of the Day read for the adjourned debate on the question - That the Crown

                    Proceedings Bill  be now read a second time.

                Debate resumed.

                Question put and passed.

 

                Bill read a second time.

 

                                                                                            In Committee

                                                             Clauses Nos 1 to 5 agreed to.

                                                             Clause No. 6 amended and agreed to.

                                                             Clauses Nos 7 to 9 agreed to.

                                                             New Clause No. 10 inserted.

                                                             Clauses Nos 11 to 20 agreed to.

                                                             Title agreed to.

 

                                                                                                                       

 

                The House having resumed:

                Mr M.J. Evans 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.

 

23           Acts Interpretation (Crown Prerogative) Amendment Bill

                Order of the Day read for the adjourned debate on the question - That the Acts

                    Interpretation (Crown Prerogative) Amendment Bill be now read a second time.

                Debate resumed.

                Question put and passed.

 

                Bill read a second time.

                By leave, House proceeded to the third reading.

 

 

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                Bill read a third time and passed.

 

24           Criminal Law Consolidation (Rape) Amendment Bill

                Order of the Day read for the adjourned debate on the question - That the Criminal

                    Law Consolidation (Rape) Amendment Bill be now read a second time.

                Debate resumed.

                Question put and passed.

 

                Bill read a second time.

                By leave, House proceeded to the third reading.

 

                Bill read a third time and passed.

 

25           Message from the Legislative Council

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

 

                Statutes Amendment and Repeal (Public Offences) Bill                             Message No.92

                MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith,

                    titled an Act to amend the Criminal Law Consolidation Act 1935, the Correctional Services Act 1982, the Juries Act 1927, the Local Government Act 1934, the Royal Commissions Act 1917 and the Summary Offences Act 1953; to repeal the Public Meetings Act 1912; and for other purposes, to which it desires the concurrence of the House of Assembly.

                Legislative Council, 1 April 1992                                                       G.L. Bruce, PRESIDENT

 

                Bill read a first time.

                Ordered - That the second reading be an Order of the Day for Tuesday next.

 

26           Adjournment

                House adjourned at 4.27 p.m. until Tuesday next at 2.00 p.m.

 

 

                                                                                                                         

 

 

 

                                                               MOTIONS OF WHICH NOTICE WAS GIVEN

 

For Wednesday 8 April 1992 -

                Notice of Motion: Private Members Bills -

 

Mr Lewis to move - That he have leave to introduce a Bill for an Act to amend the National Parks

                    Parks and Wildlife Act 1972.

 

 

For Thursday 9 April 1992 -

                Notices of Motion: Regulations/Committees -

 

Mr Such to move - That this House resolves to refer the following matters to the Legislative

                Review Committee -

                (a)     the current costs, and difficulties of, persons obtaining affordable legal representation in the South Australian courts;

               

 

 

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                (b)     the means by which these costs can be reduced or contained;

                (c)     the means by which associated difficulties, eg delays in appearing before courts, can be minimised;

                (d)     the availability and effectiveness of legal aid; and

                (e)     any other related matter pertinent to South Australians being able to obtain adequate, appropriate and affordable justice in and through the courts system.

 

 

 

                                                                                                                          

 

 

Present during the day - All the Members except Hon.J.H.C. Klunder.

 

 

 

 

 

 

 

 

 

                                                                                                                                                                N.T. Peterson

                                                                                                                                                                SPEAKER

 

G.D. Mitchell

CLERK OF THE HOUSE OF ASSEMBLY