No 49

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

TUESDAY 22 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       Message from the Governor

         The following Message from the Governor was received and read:

 

         Assent to Bills                                                                                         Message No 23

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, viz.-

No 37 of 1997    An Act to amend the Road Traffic Act 1961

No 38 of 1997    An Act to provide for restructuring the ASER property holdings and for other purposes

No 39 of 1997    An Act to facilitate the merger of banks; and for other purposes

No 40 of 1997    An Act to provide for the transfer to National Australia Bank Limited of certain assets and liabilities of Bank of New Zealand and for related purposes

No 41 of 1997    An Act to amend the Electoral Act 1985

No 42 of 1997    An Act to amend the Stamp Duties Act 1923

No 43 of 1997    An Act to amend the Statutes Amendment (Community Titles) Act 1996.

         Government House, 22 July 1997                                                   E J Neal, GOVERNOR

 

3       Petitions Nos 122 to 124

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

 

122       The Deputy Premier (Hon G A Ingerson), from 52 residents of South Australia, requesting that the House support the passage of the Summary Offences (Prostitution) Amendment Bill 1996.

 

123       The Deputy Premier, from 184 residents of South Australia, requesting that the House urge the Government to allow licensed clubs to sell liquor to a club member for consumption off the premises.

 

124       Mr Cummins, from 12 851 residents of South Australia, requesting that the House urge the Government to continue to support an independent corporation dedicated to providing a wheelchair accessible taxi service.

 

4       Answers to questions

Answers to questions on the Notice Paper Nos 98, 105, 107, 120, 122 and 124 were tabled by the Speaker.

 


5       Conference - Liquor Licensing Bill

The Treasurer (Hon S J Baker) reported as follows:

I have to report that the Managers have been at the Conference on the Liquor Licensing Bill, which was managed on the part of the Legislative Council by the Attorney-General (Hon K T Griffin), Hon M J Elliott, Hon J A W Levy, Hon P Nocella and Hon C V Schaeffer and we there received from the Managers on behalf of the Legislative Council the Bill and the following resolution adopted by that House:

That the Council insists on its disagreement to the amendments of the House of Assembly.

And thereupon the Managers for the two Houses conferred together and it was agreed that we should recommend to our respective Houses that the House of Assembly do not further insist on its Amendments Nos 2 and 3.

 

Ordered - The Report of the Conference be taken into consideration on motion.

 

6       Conference - Retail Shop Leases Amendment Bill

The Treasurer reported as follows:

I have to report that the Managers have been at the Conference on the Retail Shop Leases Amendment Bill, which was managed on the part of the Legislative Council by the Attorney-General, Hon M J Elliott, Hon J A W Levy, Hon P Nocella and Hon C V Schaeffer and we there received from the Managers on behalf of the Legislative Council the Bill and the following resolution adopted by that House:

That the Council insists on its disagreement to the amendment of the House of Assembly.

And thereupon the Managers for the two Houses conferred together and it was agreed that we should recommend to our respective Houses that the Legislative Council do not further insist on its disagreement to the amendment.

 

Ordered - The Report of the Conference be taken into consideration on motion.

 

7       Papers

The following Papers were tabled:

 

         By the Premier (Hon J W Olsen) -

               South Australian Constitutional Advisory Council - Final Report, December 1996

 

         By the Minister for Police (Hon G A Ingerson) -

               Commissioner of Police - Statistical Review - Erratum, 1995-96

 

         By the Minister for Racing (Hon G A Ingerson) -

               Bookmakers Licensing Board - Report, 1995-96

 

         By the Treasurer (Hon S J Baker) -

               Evidence Act - Report of the Attorney-General Relating to Suppression Orders, 1996-97

               Regulations under the following Acts -

                     Cremation - Identification of Body

                     Taxation Administration - Disclosure of Information

               Rules of Court - Supreme Court - Supreme Court Act - Percentage Rate

 

         By the Minister for Energy (Hon S J Baker) -

               Electricity Act - Regulations - Corrigendum

 

         By the Minister for Aboriginal Affairs (Hon D C Brown) -

               Royal Commission into Aboriginal Deaths in Custody - 1995 Implementation Report - July 1997

 

         By the Minister for Health (Hon M H Armitage) -

               Commissioners of Charitable Funds - Report, 1995-96

               Royal Adelaide Hospital - Notice of Amendment to By-Laws

 


         By the Minister for Local Government (Hon E S Ashenden) -

               Local Government Act - Regulations - Local Government Superannuation Board - Bonus Multiple

 

         By the Minister for Employment, Training and Further Education (Hon D C Kotz) -

               Department for Employment, Training and Further Education - Report, 1996.

 

8       Economic and Finance Committee - Report - Management of Grant Funds by the South Australian Sports Promotion, Cultural and Health Advancement Trust

Mr Becker brought up the Twenty-First Report of the Committee on the Management of Grant Funds by the South Australian Sports Promotion, Cultural and Health Advancement Trust.

         Report received.

 

         Ordered to be printed (Paper No 224)

 

9       Questions

         Questions without notice were asked.

 

10      Grievance debate

         The Speaker proposed - That the House note grievances.

         Debate ensued.

         Question put and passed.

 

11      Messages from the Legislative Council

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

 

         National Wine Centre Bill                                                                       Message No 118

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to establish the National Wine Centre, 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, 22 July 1997                                                    H P K Dunn, PRESIDENT

 

Schedule of the amendment made by the Legislative Council

Page 4, line 8 to 11 (clause 6) - Leave out the clause and insert new clause as follows:-

Application of development Act

6    The Development Act 1993 will apply to a proposal by the Centre to undertake development of land of the Centre as follows:

(a)  section 49 of that Act will apply -

(i)   whether or not the development is to be undertaken in partnership or joint venture with a person who is not a State agency; and

(ii)   as if an application for approval of the development under that section were only required to be lodged with the Minister within the meaning of that Act;

(b)  on the lodging of such an application, that Act will then apply as if a direction had been given by that Minister and a determination made by the Major Development Panel under section 49(16a) of that Act that PER be prepared with respect to the development’

J M Davis, CLERK OF THE LEGISLATIVE COUNCIL

 

         Ordered - That the amendment be taken into consideration on motion.

 

         Superannuation (Miscellaneous) Amendment Bill                                  Message No 119

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Superannuation Act 1988, without any amendment.

         Legislative Council, 22 July 1997                                                    H P K Dunn, PRESIDENT

 


         Construction Industry Long Service Leave

               (Transitional Provisions) Amendment Bill                                         Message No 120

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Construction Industry Long Service Leave Act 1987, without any amendment.

         Legislative Council, 22 July 1997                                                    H P K Dunn, PRESIDENT

 

12      Irrigation (Transfer of Surplus Water) Amendment Bill

The Minister for Infrastructure (Hon G A Ingerson), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Irrigation Act 1994.

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 Atkinson, that the debate be adjourned until tomorrow.

 

13      Motor Vehicles (Farm Implements and Machines) Amendment Bill

         Order of the Day read for the second reading of this Bill.

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

 

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

 

14      Road Traffic (Expressways) Amendment Bill

         Order of the Day read for the second reading of this Bill.

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

 

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

 

15      Conference - Retail Shop Leases Amendment Bill

Ordered - That the Report of the Conference on the Retail Shop Leases Amendment Bill be now taken into consideration.

 

         Ordered - That the Speaker do now leave the Chair and the House resolve itself into a Committee of the whole for the consideration of the recommendations of the Conference.

 

In Committee

Resolved - That the recommendations of the Conference be agreed to.

____________

 

The House having resumed:

Mr Bass reported that the Committee had considered the recommendations of the Conference and had agreed to the same.

 

16      Conference - Liquor Licensing Bill

Ordered - That the Report of the Conference on the Liquor Licensing Bill be now taken into consideration.

 

         Ordered - That the Speaker do now leave the Chair and the House resolve itself into a Committee of the whole for the consideration of the recommendations of the Conference.

 

In Committee

Resolved - That the recommendations of the Conference be agreed to.

____________

 

The House having resumed:

Mr Bass reported that the Committee had considered the recommendations of the Conference and had agreed to the same.

 


17      Message from the Legislative Council

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

 

         Second-hand Vehicle Dealers (Compensation Fund) Amendment Bill               Message No 121

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Second-hand Vehicle Dealers Act 1995, to which it desires the concurrence of the House of Assembly.

         Legislative Council, 22 July 1997                                                    H P K Dunn, PRESIDENT

 

         Bill read a first time.

 

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

 

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

 

18      Postponement of business

Ordered - That Orders of the Day: Government Business Nos 3 to 6 be postponed and taken into consideration after Order of the Day: Government Business No 7.

 

19      Equal Opportunity (Sexual Harassment) 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.

                                                Clause No 3 amended and agreed to.

                                                Clause No 4 amended and agreed to.

                                                Clauses Nos 5 and 6 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 with amendments.

 

Bill read a third time and passed.

 

20      Statutes Amendment (Attorney-General’s Portfolio) 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.

         Proceeded, by leave, to the third reading.

 

Bill read a third time and passed.

 


21      Juries (Miscellaneous) 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.

         Proceeded, by leave, to the third reading.

 

         Bill read a third time and passed.

 

22      Partnership (Limited Partnerships) 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 to 8 agreed to.

                                                Clause No 9 amended and agreed to.

                                                Clauses No 10 and 11 agreed to .

                                                Schedule 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 with amendments.

 

Bill read a third time and passed.

 

23      Extension of sitting

The Treasurer moved - That the sitting of the House be extended beyond 6.00 pm.

Question put and passed.

 

24      Co-operatives 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 to 447 agreed to.

                                                New Clause No 448 inserted.

                                                Clauses Nos 449 to 456 agreed to.

                                                Schedules Nos 1 to 5 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 with an amendment.

 

Bill read a third time and passed.

 

25      Messages from the Legislative Council

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

 

         Retail Shop Leases Amendment Bill                                                      Message No 122

MR SPEAKER - The Legislative Council, having considered the recommendations from the Conference on the Retail Shop Leases Amendment Bill, has agreed thereto.

         Legislative Council, 22 July 1997                                                    H P K Dunn, PRESIDENT

 

Liquor Licensing Bill                                                                              Message No 123

MR SPEAKER - The Legislative Council, having considered the recommendations from the Conference  on the Liquor Licensing Bill, has agreed thereto.

         Legislative Council, 22 July 1997                                                    H P K Dunn, PRESIDENT

 

26      Adjournment

         The Treasurer moved - That the House do now adjourn.

         Debate ensued.

         Question put and passed.

         House adjourned at 6.33 pm until tomorrow at 2.00 pm.

 

____________

 

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

               For Wednesday 23 July 1997

         Notices of Motion: Government Business -

 

The Minister for Finance to move - That he have leave to introduce a Bill for an Act to provide for the payment of unclaimed superannuation benefits to the Treasurer; and for other purposes.

 

The Minister for Industrial Affairs to move - That he have leave to introduce a Bill for an Act to amend the Industrial and Employee Relations Act 1994.

 

               For Thursday 24 July 1997

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

 

Mr Becker to move - That the Twenty-First Report of thr Economic and Finance Committee on the Management of Grant Funds by the South Australian Sports Promotion, Cultural and Health Advancement Trust, be noted.

 

         Notices of Motion: Other Motions -

 

Mr Cummins to move - That this House notes with sadness that 20 July 1997 marked the anniversary of the Turkish invasion and occupation of Cyprus and calls on Turkey to:

(a)  withdraw all its troops from Cyprus;

(b)  withdraw all illegal Anatolian settlers from the occupied areas;

(c)  reveal the fate of the 1619 missing persons;

(d)  urgently address the needs of the enclaved persons and in particular, the immediate and safe return of the Greek Cypriot schoolteacher Eleni Foka back to her home and students in the occupied area:

(e)  demonstrate, with actions, goodwill and intentions (during the current face-to-face negotiations between President Clerides and Mr Denktash) its intention to resolve the Cypriot problem,

      and further, this house calls upon the international community and Australia, to reject any solution to the Cypriot problem which involves a bizonal-bicommunal federation.


Hon M D Rann to move - That this House calls upon the Premier to honour the Government’s public undertaking and table in the House of Assembly on this day a copy of the full report prepared by Mr Tim Anderson QC into the conflict of interest allegations against the former Minister for Finance Mr Dale Baker MP.

 

____________

 

 

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

 

 

 

 

 

                                                                                                            G M Gunn

                                                                                                            SPEAKER

 

G D Mitchell

CLERK OF THE HOUSE OF ASSEMBLY