No 50

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

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TUESDAY 23 JULY 1996

 

 

1    Meeting of House

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

 

2    Conference - De Facto Relationships Bill

The Deputy Premier (Hon S J Baker) moved - That the sitting of the House be continued during the Conference with the Legislative Council on the De Facto Relationships Bill.

Question put and passed.

 

3    Petitions Nos 116 to 118

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

 

116      The Deputy Premier, from 10 residents of South Australia, requesting that the House urge the Government to ban the recreational shooting of ducks and quails.

 

117      Hon H Allison, from 92 residents of South Australia, requesting that the House urge the Government to resolve the issue of obstetric indemnity insurance for medical staff.

 

118      Mrs Penfold, from 865 residents of South Australia, requesting that the House urge the Government not to proceed with the proposed prohibition on shotguns and rim fire rifles.

 

4    Answer to question

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

 

5    Papers

The following Papers were tabled:

 

By the Premier (Hon D C Brown) -

Competition Policy Reform (South Australia) Act - Regulations - Savings and Transitional

 

By the Deputy Premier -

Business Names Act - Regulations - Fees

 

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

Environment Resources and Development Committee - Nineteenth Report - Roxby Downs Water Leakage - Responses by Minister for Mines and Energy, Minister for Health and the Minister for the Environment and Natural Resources

 

By the Minister for Industry, Manufacturing, Small Business and Regional Development (Hon J W Olsen) representing the Minister for Industrial Affairs (Hon G A Ingerson) -

Daylight Saving Act - Regulations - Dates 1996

 

By the Minister for Industry, Manufacturing, Small Business and Regional Development representing the Minister for Recreation, Sport and Racing (Hon G A Ingerson) -

Rules of Racing - Racing Act - Greyhound Racing Authority -

   Adelaide Greyhound Racing Club

   Registration of Clubs

 

By the Minister for Industry, Manufacturing, Small Business and Regional Development -

Road Traffic Act - Regulations - Declaration of Hospitals

 

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

Care of the Dying in South Australia - Report of the Minister for Health, 1995

 

By the Minister for the Environment and Natural Resources (Hon D C Wotton) -

Regulations under the following Acts -

   Water Resources - Penrice Exemption

   Prevention of Cruelty to Animals - Electroimmobiliser

 

By the Minister for Housing, Urban Development and Local Government Relations (Hon E S Ashenden) -

Corporation - By-Laws - Port Lincoln -

   No 1 - Dog and Cat Management

   No 9 - Council Land

   No 11 - North Shields Cemetery

District Council of Yorketown - By-Law - No 2 - Moveable Signs.

Regulations under the following Acts -

   Local Government Finance Authority - Other Bodies

   West Terrace Cemetery - Fees

 

6    Care of the Dying in South Australia - Report, 1995 - Motion re

The Minister for Health, by leave, moved - That the Report of the Minister for Health on the Care of the Dying in South Australia be referred to the Social Development Committee.

Question put and passed.

 

7    Questions

Questions without notice were asked.

 

8    Member named

The Speaker named the Leader of the Opposition (Hon. M.D. Rann) for wilfully refusing to regard the authority of the Chair.

The Member made an apology which was accepted by the Chair.

 

9    Questions

Questions without notice (interrupted by the forgoing naming) resumed.

Ordered - That the period for asking questions without notice be extended by five minutes.

Questions without notice resumed.

 

10   Messages from the Governor

The following Messages from the Governor were received and read:

 

     Assent to a Bill                                        Message No 23

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

No 47 of 1996 - An Act to amend the Friendly Societies Act 1919

     Government House, 23 July 1996                    E J Neal, GOVERNOR

 


     Firearms (Miscellaneous) Amendment Bill - Recommending        Message No 24

The Governor recommends to the House of Assembly the appropriation of such amounts of money as may be required for the purposes mentioned in the Firearms (Miscellaneous) Amendment Bill 1996.

     Government House, 23 July 1996                    E J Neal, GOVERNOR

 

11   Grievance debate

The Speaker proposed - That the House note grievances.

Debate ensued.

Question put and passed.

 

12   Select Committee on Yumbarra Conservation Park Re-proclamation

Order of the Day read for the report of the Select Committee to be brought up.

The Deputy Premier moved - That the time for bringing up the report be extended until Thursday 1 August.

Question put and passed.

 

13   Firearms (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.

Ordered, on motion of Mr Meier, that  debate be further adjourned and resumed on motion.

 

14   Extension of time for adjournment

The Deputy Premier moved - That the time for moving the adjournment of the House be extended beyond 10.00 pm.

Question put and passed.

 

15   Suspension of Standing Orders

The Deputy Premier, without notice, moved - That Standing Orders be so far suspended as to enable the House to sit beyond midnight.

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

 

16   Conference - De Facto Relationships Bill

The Deputy Premier reported - That the Managers have been at the Conference on the De Facto Relationships Bill, which was managed on the part of the Legislative Council by the Attorney- General (Hon K T Griffin), Hon C V Schaeffer, Hon A J Redford, Hon C A Pickles and Hon S M Kanck 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 disagreement to the amendments of the House of Assembly be insisted on.

 

And thereupon the Managers for the two Houses conferred together and it was agreed that we should recommend to our respective House that:

 

As to Amendment No. 1 -

That the Legislative Council no longer insists on its disagreement to this amendment.

 

As to Amendment No. 2 -

That the House of Assembly no longer insists on this amendment but make the following amendments to the Bill:

Clause 3, page 1, lines 18 to 21 - Leave out the definition of “certified agreement” and insert the following definition:

“certified agreement” - an agreement is a certified agreement if -

(a)   the agreement contains a provision (the warranty of asset disclosure) under which each party warrants that he or she has disclosed all relevant assets to the other; and

(b)   the signature of each party to the agreement is attested by a lawyer’s certificate and the certificates are given by different lawyers;”

Clause 3, page 2, lines 21 to 24 - (definition of “lawyer’s certificate”) - Leave out paragraph (b) and insert -

“(b)  the party gave the lawyer apparently credible assurances that the party was not acting under certain coercion or undue influence; and”

And that the Legislative Council agree thereto.

 

As to Amendment No. 3 -

That the Legislative Council no longer insists on its disagreement to this amendment.

 

Ordered - That consideration of the recommendations of the Conference be an Order of the Day for tomorrow.

 

17   Messages from the Legislative Council

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

 

Statutes Amendment (Administrative and Disciplinary

Division of District Court) Bill                        Message No 141

MR SPEAKER - The Legislative Council, having considered the recommendations from the Conference on the Statutes Amendment (Abolition of Tribunals) Bill, has agreed thereto.

     Legislative Council, 23 July 1996                 H P K Dunn, PRESIDENT

 

Ombudsman (Miscellaneous) Amendment Bill                Message No 142

MR SPEAKER - The Legislative Council has agreed to the amendments made by the House of Assembly in the Ombudsman (Miscellaneous) Amendment Bill, without amendment.

     Legislative Council, 23 July 1996                 H P K Dunn, PRESIDENT

 

18   Firearms (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.

 

Contingent Notice

Mr Bass, pursuant to contingent notice, moved - That it be an instruction to the Committee of the whole House on the Bill that it have power to consider new clauses relating to the Firearms Consultative Committee.

Question put and passed.

 

In Committee

                          Clauses Nos 1 and 2 agreed to.

                          Clause No 3 read.

Mr Bass moved, on page 1, after line 24, to insert new paragraph as follows:

(ba)  by striking out “and includes primers and propellant” from the definition of “ammunition” in subsection (1);.”

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

Mr Bass moved, on page 2, after line 5, to insert new paragraph as follows:

“(d)  muzzle loading firearms.”

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

Mr Andrew moved, on page 2, after line 7, to insert new paragraph as follows:

“(d)  self-loading and pump action shotguns having a magazine capacity of two rounds or less.”

Question - That the amendment be agreed to - put.


Committee divided (No 1):

 


       Ayes, 7.

Mr Bass

Mr Condous

Mrs Greig

Mrs Hall

Mr Leggett

Mrs Rosenberg

Mr Andrew (Teller)


   Noes, 26.

Hon M H Armitage

Hon E S Ashenden

Mr Atkinson

Mr D S Baker

Mr Brindal

Mr Brokenshire

Mr Buckby

Mr Caudell

Mr Clarke

Mr Cummins

Mr De Laine

Mr Evans

Mr Foley

Ms Hurley

Mrs Kotz

Mr Meier

Mr Oswald

Mrs Penfold

Mr Quirke

Mr Scalzi

Ms Stevens

Hon R B Such

Mr Wade

Ms White

Hon D C Wotton

Hon S J Baker (Teller)


So it passed in the negative.

 

Mr Bass moved, on page 3, lines 1 and 2, to leave out the definition of “collectors licence”

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

Mr Quirke moved, on page 3, line 13, to insert “12(4a)” after “12(4)”

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

To report progress and ask leave to sit again.

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The House having resumed:

Hon H Allison reported that the Committee had considered the Bill referred to it, had made progress therein and asked leave to sit again.

Ordered - That the Committee have leave to sit again today.

 

19   Adjournment

     House adjourned at 4.02 am until today at 2.00 pm.

 

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MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

For Thursday 25 July 1996

Notices of Motion: Other Motions-

 

Mr Venning to move - That this House is opposed to the possible removal by the Federal Government of the National Diesel Fuel Rebate Scheme.

 


Mr Venning to move - That this House:

(a) notes that the National Transport charges for heavy vehicles introduced from 1 July 1996 inherently disadvantages the agriculture industry due to the lower than average distance travelled by vehicles used in this industry;

(b) considers that a fuel only charge for heavy vehicles would remove this inequity in the charging scheme, improve cash flows and reduce administration charges for the agriculture sector and move closer to a user pays system; and

(c) requests this motion be forwarded to the National Transport commission as the basis for an investigation of a fuel based charging system Australia wide.

 

Mr Quirke to move - That this House recognises the achievement of a gold medal at Atlanta by 24 year old Olympic trap shooter Michael Diamond, notes the dedication of this shooter to his sport and congratulates him on his wonderful achievement.

 

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Present during the day - All Members except Mrs Geraghty and Hon G A Ingerson.

 

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

 

Division No. 1 -

Ayes - Mr Becker, Hon G M Gunn, Mr Lewis, Mr Rossi and Mr Venning

Noes - Hon D C Brown, Hon G A Ingerson, Hon R G Kerin, Hon W A Matthew and Hon J W Olsen

 

 

 

 

 

 

 

                                                      G M Gunn

                                                      SPEAKER

 

G D Mitchell

CLERK OF THE HOUSE OF ASSEMBLY