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No. 49

 

 

VOTES AND PROCEEDINGS

 

 

OF THE

 

 

HOUSE OF ASSEMBLY

 

___________

 

 

TUESDAY 19 MARCH 1991

 

 

1          Meeting of House

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

 

2          Message from the Governor

The following Message from the Governor was received and read:

 

Assent to Bills                                                                                                                         Message No. 29

The Governor informs the House of Assembly that, in the name and on behalf of Her Majesty The Queen, the following Acts have been assented to during the present Session:

No. 2 of 1991 ‑ An Act to amend the Education Act 1972.

No. 3 of 1991 ‑ An Act to amend the Valuation of Land Act 1971.

Government House, Adelaide, 19 March 1991                                    R.F. Mitchell, GOVERNOR

 

3          Petition No. 98

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

 

98    Hon. T. Chapman, from 18 residents of South Australia, requesting that the House urge the Government to limit the prohibitions on development in the Mount Lofty Ranges as ordered by the Supplementary Development Plans.

 

4          Answers to questions

Answers to questions on the Notice Paper Nos 106, 167, 297, 333, 336, 340, 441, 446, 450, 456, 461, 466, 471, 473, 478, 487, 498 to 501, 503, 504, 506, 508 to 511, 513, 515, 517, 545 and 550 and questions without notice were tabled by the Speaker.

 

5          Papers

The following Papers were laid on the Table:

 

By the Minister of Education (Hon. G.J. Crafter) ‑

        Director‑General of Education ‑ Report, 1990.

        Local and District Criminal Courts Act 1926 ‑ District Criminal Court

                Rules ‑Criminal Proceedings.

                Trustee Act 1936 ‑ Regulation ‑ Custom Credit Corporation.


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By the Minister of Transport (Hon. F.T. Blevins) ‑

        Metropolitan Taxi‑Cab Act 1956 ‑ Issue of Licences, 27 February 1991.

 

By the Minister of Occupational Health and Safety (Hon. R.J. Gregory) ‑

        Occupational Health, Safety and Welfare Act 1986 ‑ Regulations ‑

                Asbestos Work Processes.

                Construction Safety ‑  Asbestos.

                Industrial Safety ‑  Asbestos.

 

By the Minister of Employment and Further Education (Hon. M.D. Rann) ‑

        Corporation of Port Lincoln ‑ By‑law ‑ No. 25 ‑ Dogs.

 

6          Questions

Questions without notice were asked.

 

7          Messages from the Legislative Council

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

 

Pharmacists Bill                                                                                                                     Message No. 85

MR SPEAKER ‑  The Legislative Council has agreed to the Bill returned herewith, titled an Act to provide for the registration of pharmacists and to regulate the practice of pharmacy; to repeal the Pharmacy Act 1935; to make a consequential amendment to the Controlled Substances Act 1984; and for other purposes, with the amendments indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

Legislative Council, 14 March 1991                                                                      G.L. Bruce, PRESIDENT

 

Schedule of the amendments made by the Legislative Council

No. 1       Page 1, lines 22 and 23 (clause 4) ‑ Leave out the definition of "company" and insert the following definition:‑

                '"company" means a company as defined in section 9 of the Corporations Law:'

No. 2       Page 6, line 25 (clause 18) ‑ Leave out "traditionally" and insert "commonly".

No. 3       Page 8, line 36 (clause 23) ‑ Insert "by the Board" after "attached".

No. 4       Page 9 (clause 26) ‑ After line 16 insert the following paragraph:‑

"(ab)       a company that carried on a business consisting of or involving pharmacy on 1 August 1942 and that has continued to do so since that date;".

No. 5       Division IV, page 11, line 32 ‑ Heading to Part III ‑

Strike out "REGISTERED".

No. 6       Page 12, line 2 (clause 36) ‑ Insert "or exempt under section 26(2)(ab) from the requirement to be registered" after "Act".

No. 7       Page 12, line 7 (clause 37) ‑ Insert "or exempt under section 26(2)(ab) from the requirement to be registered" after "Act".

No. 8       Page 12, line 11 (clause 38) ‑ Insert "or exempt under section 26(2)(ab) from the requirement to be registered" after "Act".

No. 9       Page 12, line 15 (clause 39) ‑ Insert "or exempt under section 26(2)(ab) from the requirement to be registered" after "Act".

No.10      Page 13, line 16 (clause 42) ‑ Insert "or to a person nominated by the Board" after "Board".

No.11      Page 14, lines 1 to 3 (clause 44) ‑ Leave out all words in these lines and insert:‑

        "or

(b)   suspend the registration until the registered pharmacist has recovered from the incapacity or for such lesser period as the Board determines."


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No.12      Page 16 ‑ After line 39 insert new clause as follows:‑

"50a. Variation of conditions imposed by the Court (1) The Supreme Court may, at any time, on application by a pharmacist, vary or revoke a condition imposed by the Court in relation to his or her registration under this Act.

(2)   The Board and the Minister are entitled to object to an application under this section."

No.13      Page 18, lines 19 to 23 (clause 59) ‑ Leave out paragraph (j).

                                                                                    C.H. Mertin, CLERK OF THE LEGISLATIVE COUNCIL

 

Ordered ‑ That the Message be taken into consideration tomorrow.

 

            Chiropractors Bill                                                                                                                  Message No. 86

MR SPEAKER ‑  The Legislative Council has agreed to the Bill returned herewith, titled an Act to provide for the registration of chiropractors and to regulate the practice of chiropractic; to repeal the Chiropractors Act 1979; and for other purposes, with the amendment indicated by the annexed Schedule, to which amendment the Legislative Council desires the concurrence of the House of Assembly.

Legislative Council, 14 March 1991                                                                      G.L. Bruce, PRESIDENT

 

Schedule of the amendment made by the Legislative Council

Page 1, lines 27 and 28 (clause 4) ‑ Leave out the definition of "company" and insert the following definition:‑

'"company" means a company as defined in section 9 of the Corporations Law:'.

                                                                                    C.H. Mertin, CLERK OF THE LEGISLATIVE COUNCIL

 

Ordered ‑ That the Message be taken into consideration tomorrow.

 

Statutes Amendment (Water Resources) Bill                                                   Message No. 87

MR SPEAKER ‑  The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Irrigation Act 1930; the Local Government Act 1934; the Pollution of Waters by Oil and Noxious Substances Act 1987; the Public and Environmental Health Act 1987; and the Waterworks Act 1932 without any amendment.

                                                    Legislative Council, 14 March 1991  G.L. Bruce, PRESIDENT

 

            Roads (Opening and Closing) Bill                                                                                       Message No. 88

MR SPEAKER ‑ The Legislative Council has agreed to the Bill returned herewith, titled an Act to provide for the opening and closing of roads; to repeal the Roads (Opening and Closing) Act 1932; to amend the Highways Act 1926; and for other purposes, without any amendment.

Legislative Council, 14 March 1991                                                                      G.L. Bruce, PRESIDENT

 

Royal Commissions (Summonses and Publication of Evidence)

                    Amendment Bill                                                                                                              Message No. 89

MR SPEAKER ‑ The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Royal Commissions Act 1917, without any amendment.

Legislative Council, 14 March 1991                                                                      G.L. Bruce, PRESIDENT

 

8          Limitation of debate

The Deputy Premier (Hon. D J. Hopgood) moved ‑ That the time allotted for the completion of the :

        Marine Amendment Bill;

        Cooper Basin (Ratification) (Royalty) Amendment Bill;


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        South Australian Metropolitan Fire Service (Miscellaneous Powers) Amendment Bill;

        Local Government Act Amendment Bill (No. 2); and

        Motion for establishment of certain National Parks,

be until 6.00 p.m. on Thursday 21 March.

Question put and passed.

 

9          Local Government Act Amendment Bill (No. 2)

Order of the Day read for the second reading of the Local Government Act Amendment Bill (No. 2).

The Minister of Employment and Further Education moved ‑ That this Bill be now read a second time.

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

 

10       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.

 

11       Marine Amendment Bill

Order of the Day read for the adjourned debate on the question ‑ That the Marine Amendment 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.

                                                                    Clause No. 3 read.

Question ‑ That the clause stand as printed ‑ put.

Committee divided (No. 1):

       Ayes, 21.

Hon. L.M.F. Arnold

Mr Atkinson

Hon. J.C. Bannon

Hon. F.T. Blevins

Hon. G.J. Crafter

Mr De Laine

Mr Ferguson

Mr Groom

Hon. T.H. Hemmings

Mr Heron

Mr Holloway

Hon. D.J. Hopgood

Mrs Hutchison

Hon. J.H.C. Klunder

Hon. S.M. Lenehan

Mr McKee

Hon. M.K. Mayes

Hon. N.T. Peterson

Mr Quirke

Hon. M.D. Rann

Hon. R.J. Gregory (Teller)

 

Noes, 21.

Hon. H. Allison

Dr Armitage

Hon. P.B. Arnold

Mr D.S. Baker

Mr S.J. Baker

Mr Becker

Mr Blacker

Mr Brindal

Hon. J.L. Cashmore

Hon. T. Chapman

Hon. B.C. Eastick

Mr S.G. Evans

Mr Ingerson

Mrs Kotz

Mr Lewis

Mr Matthew

Mr Oswald

Mr Such

Mr Venning

Hon. D.C. Wotton

Mr Meier (Teller)

 

 


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Casting Vote

The number of Ayes and Noes being equal, the Chairman gave his casting vote for the Ayes.

        So it was resolved in the affirmative.

                                                                    Clause No. 4 agreed to.

                                                                    Schedule 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 without amendment.

 

Bill read a third time and passed.

 

12       Cooper Basin (Ratification) (Royalty) Amendment Bill

Order of the Day read for the adjourned debate on the question ‑ That the Cooper Basin (Ratification) (Royalty) Amendment Bill be now read a second time.

Debate resumed.

Question put and passed.

 

Bill read a second time.

 

In Committee

                                                                    Clause No. 1 agreed to.

                                                                    Clause No. 2 read.

Mr Lewis moved on page 1, line 15, to leave out this clause and insert in lieu thereof new clause as follows:

        "2. This Act will come into operation on 1 July 1991."

Question ‑ That the amendment be agreed to ‑ put.

Committee divided (No. 2):

       Ayes, 21.

Hon. H. Allison

Dr Armitage

Hon. P.B. Arnold

Mr D.S. Baker

Mr S.J. Baker

Mr Becker

Mr Blacker

Mr Brindal

Hon. J.L. Cashmore

Hon. T. Chapman

Hon. B.C. Eastick

Mr S.G. Evans

Mr Ingerson

Mrs Kotz

Mr Matthew

Mr Meier

Mr Oswald

Mr Such

Mr Venning

Hon. D.C. Wotton

Mr Lewis (Teller)

 

Noes, 21.

Hon. L.M.F. Arnold

Mr Atkinson

Hon. J.C. Bannon

Hon. G.J. Crafter

Mr De Laine

Mr Ferguson

Hon. R.J. Gregory

Mr Groom

Mr Hamilton

Hon. T.H. Hemmings

Mr Heron

Mr Holloway

Hon. D.J. Hopgood

Mrs Hutchison

Hon. S.M. Lenehan

Mr McKee

Hon. M.K. Mayes

Hon. N.T. Peterson

Mr Quirke

Hon. M.D. Rann

Hon. J.H.C. Klunder (Teller)

 


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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 agreed to.

                                                                    Clauses Nos 3 and 4 agreed to.

                                                                    Schedule amended and 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.

The Minister of Mines and Energy (Hon. J.H.C. Klunder) moved ‑ That this Bill be now read a third time.

Debate ensued.

Question put.

House divided (No. 3):

       Ayes, 21.

Hon. L.M.F. Arnold

Mr Atkinson

Hon. J.C. Bannon

Hon. G.J. Crafter

Mr De Laine

Mr M.J. Evans

Mr Ferguson

Hon. R.J. Gregory

Mr Groom

Mr Hamilton

Hon. T.H. Hemmings

Mr Heron

Mr Holloway

Hon. D.J. Hopgood

Mrs Hutchison

Hon. S.M. Lenehan

Mr McKee

Hon. M.K. Mayes

Mr Quirke

Hon. M.D. Rann

Hon. J.H.C. Klunder (Teller)

 

Noes, 21.

Hon. H. Allison

Dr Armitage

Hon. P.B. Arnold

Mr D.S. Baker

Mr S.J. Baker

Mr Becker

Mr Blacker

Mr Brindal

Hon. J.L. Cashmore

Hon. T. Chapman

Hon. B.C. Eastick

Mr S.G. Evans

Mr Ingerson

Mrs Kotz

Mr Matthew

Mr Meier

Mr Oswald

Mr Such

Mr Venning

Hon. D.C. Wotton

Mr Lewis (Teller)

 

            Casting Vote

The number of Ayes and Noes being equal, the Speaker gave his casting vote for the Ayes.

So it was resolved in the affirmative.

 

Bill read a third time and passed.

 

13       Postponement of business

Ordered ‑ That Orders of the Day (Government Business) Nos 4 to 12 be postponed and taken into consideration after Order of the Day (Government Business) No. 13.


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14       South Australian Metropolitan Fire Service (Miscellaneous Powers)

            Amendment Bill

Order of the Day read for the adjourned debate on the question ‑ That the South Australian Metropolitan Fire Service (Miscellaneous Powers) Amendment Bill be now read a second time.

Debate resumed.

 

15       Extension of sitting

The Minister of Mines and Energy moved ‑ That the sitting of the House be extended beyond 6.00 p.m.

Question put and passed.

 

16       South Australian Metropolitan Fire Service (Miscellaneous Powers)

                    Amendment Bill

Debate (interrupted by the foregoing motion) resumed.

Question put and passed.

 

Bill read a second time.

 

In Committee

                                                                    Clauses Nos 1 to 17 agreed to.

                                                                    Schedule agreed to.

                                                                    Title agreed.

___________

 

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 without amendment.

 

Bill read a third time and passed.

 

17       Adjournment

The Minister of Mines and Energy moved ‑ That the House do now adjourn.

Debate ensued.

Question put and passed.

House adjourned at 7.05 p.m. until tomorrow at 2.00 p.m.

___________

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

For Wednesday 20 March 1991

            Notices of Motion: Government Business‑‑

 

The Minister of Recreation and Sport to move ‑ That he have leave to introduce a Bill for an Act to amend the Racing Act 1971.

 

The Minister for Environment and Planning to move ‑ That she have leave to introduce a Bill for an Act to amend the Clean Air Act 1984.

 

The Minister of Lands to move ‑ That she have leave to introduce a Bill for an Act to regulate the practice of naming geographical places; to repeal the Geographical Names Act 1969; and for other purposes.

___________


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Present during the day ‑ All the Members except Mr Gunn (on leave) and

        Hon. E.R. Goldsworthy.

 

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

 

Division No. 1 ‑

Ayes ‑ Mr Hamilton and Hon. J.P. Trainer.

Noes ‑ Hon. E.R. Goldsworthy and Mr Gunn.

 

Division No. 2 ‑

Ayes ‑ Hon. E.R. Goldsworthy and Mr Gunn.

Noes ‑ Hon. F.T. Blevins and Hon. J.P. Trainer.

 

Division No. 3 ‑

Ayes ‑ Hon. F.T. Blevins and Hon. J.P. Trainer.

Noes ‑ Hon. E.R. Goldsworthy and Mr Gunn.

 

 

 

 

 

                                                                                                                                    N.T. Peterson

                                                                                                                                    SPEAKER

G.D. Mitchell

CLERK OF THE HOUSE OF ASSEMBLY