No. 50

 

                                                     VOTES AND PROCEEDINGS

 

                                                                      OF THE

 

                                                         HOUSE OF ASSEMBLY

 

                                                                                                                                  ____________

 

 

                                                                        WEDNESDAY 22 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         Conference - Retail Shop Leases Bill

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

                  Question put and passed.

 

 3        Petitions Nos 158 to 160

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

 

                  158   Hon. F.T. Blevins, from 180 residents of South Australia, requesting that the House urge the Government to repeal the new cleaning specifications for schools in South Australia.

 

                  159   Mr Evans, from 81 residents of South Australia, requesting that the House urge the Government to maintain the present homicide law, which excludes euthanasia, while maintaining the common law right of patients to refuse treatment.

 

                  160   Mr Rossi, from 2 256 residents of South Australia, requesting that the House urge the Government to hold a referendum at the next State election to determine the will of all South Australians in relation to the reintroduction of capital punishment.

 

 4        Paper

                  The following Paper was tabled:

 

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

                              Ministerial Statement - Road Trains - Adelaide to Perth.

 

 5        Legislative Review Committee - Report

                  Mr Cummins brought up the Twenty-Second Report of the Committee.

                  Report received.

 

 6        Questions

                  Questions without notice were asked.

 


 7         Grievance debate

                  The Speaker proposed - That the House note grievances.

                  Debate ensued.

                  Question put and passed.

 

 8        Message from the Legislative Council

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

 

            Medical Treatment and Palliative Care Bill                                                                                      Message No. 103

                  MR SPEAKER - The Legislative Council has agreed to Amendments Nos 4, 7 and 8 made by the House of Assembly in the Consent to Medical Treatment and Palliative Care Bill without any amendment and has disagreed to Amendments Nos 1 to 3, 5, 6 and 9 for the reasons indicated in the annexed Schedule.  The Legislative Council returns the Bill herewith and desires its reconsideration.

                  Legislative Council, 21 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             Clause 3, page 1, line 25 - Leave out "18" and insert "16".

                  No. 2            Clause 7, page 4, line 9 - Leave out "18" and insert "16".

                  No. 3            Clause 8, page 4, line 31 - Leave out "18" and insert "16".

                  No. 5            Clause 10, page 6, lines 21 to 31, and page 7, lines 1 to 18 - Leave out the clause.

                  No. 6            Clause 14, page 9, lines 1 to 17 - Leave out the clause.

                  No. 9            Schedule 3, clause 4, page 16, line 8 - Leave out "(being of or over 18 years of age)".

 

                                                     Schedule of the Reason for disagreeing with the foregoing amendments

                  Because there is considerable disagreement in the Legislative Council.

                                                                                                                                                J.M. Davis, CLERK OF THE LEGISLATIVE COUNCIL  

                  Ordered - That consideration of this Message be an Order of the Day for tomorrow.

 

 9        Postponement of business

                  Ordered - That Order of the Day: Government Business No. 1 be postponed and taken into consideration after Order of the Day: Government Business No. 2.

 

10       MFP Development (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.

                  By leave, House proceeded to the third reading.

 

                  Bill read a third time and passed.

 

11        Construction Industry Long Service Leave (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.

 

                                                                                      In Committee

                                                                                                Clauses Nos 1 and 2 agreed to.

                                                                                                Clause No. 3 read.

                  Mr Clarke moved on page 2, lines 9 to 26 to leave out paragraph (f) and insert in lieu thereof the following paragraph:

                              (f)      by inserting "or distribution" after "transmission" in paragraph (b) (i) of the definition of "electrical or metal trades work" in subsection (1);.

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

                                                                                                Clause agreed to.

                                                                                                Clauses Nos 4 to 22 agreed to.

                                                                                                Title agreed to.

                                                                                                                                  ____________

 

                  The House have resumed:

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

 

                  Bill read a third time and passed.

 

12       Dairy Industry (Equalisation Schemes) 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 4 agreed to.

                                                                                                Title agreed to.

                                                                                                                                    ___________

 

                  The House having resumed:

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

 

                  Bill read a third time and passed.

 

13       Fisheries (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.

                  By leave, House proceeded to the third reading.

 

                  Bill read a third time and passed.

 

14       Natural Gas Pipelines Access Bill

                  Order of the Day read for the further consideration in Committee of this Bill.

 

                                                                                      In Committee

                                                                                                Clause No. 25 further considered and agreed to.

                                                                                                Clauses Nos 26 to 48 agreed to.

                  Mr Foley moved on page 20, after line 35, to insert new clause 48A as follows:


            48A Ministerial power of direction (1) If the Minister is satisfied that a direction under this Part is necessary in the interests of the State, the Minister may direct the operator of a pipeline to provide access to the pipeline for the haulage of natural gas in accordance with the terms of the direction.

                  (2)     The terms of a direction under this part must provide for access to the pipeline on fair commercial terms.

                  Question - That the amendment be agreed to - put.

                  Committee divided (No. 1)

 

                                                            Ayes, 10.

 

                              Mr Atkinson

                              Hon. F.T. Blevins

                              Mr Clarke

                              Mr De Laine

                              Mrs Geraghty

                              Ms Hurley

                              Hon. M.D. Rann

                              Ms Stevens

                              Ms White

                              Mr Foley (Teller)

                                                Noes, 27.

 

                              Mr Andrew

                              Hon. M.H. Armitage

                              Mr Ashenden

                              Hon. D.S. Baker

                              Mr Bass

                              Mr Brindal

                              Mr Brokenshire

                              Mr Buckby

                              Mr Condous

                              Mr Cummins

                              Hon. G.M. Gunn

                              Ms Hall

                              Hon. G.A. Ingerson

                              Mr Kerin

                              Mr Leggett

                              Mr Lewis

                              Hon. W.A. Matthew

                              Mr Meier

                              Hon. J.W. Olsen

                              Ms Penfold

                              Ms Rosenberg

                              Mr Rossi

                              Mr Scalzi

                              Mr Venning

                              Mr Wade

                              Hon. D.C. Wotton

                              Hon. S.J. Baker (Teller)

 

                  So it passed in the negative.

                                                                                                Clause No. 49 read.

                  To report progress and ask leave to sit again.

                                                                                                                                  ____________

 

                  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 on motion.

 

15       Extension of sitting

                  The Deputy Premier moved - That the sitting of the House be extended beyond 6.00 p.m.

                  Question put and passed.

 

16       Natural Gas Pipelines Access Bill

                  Ordered - That the further consideration in Committee of this Bill be now resumed.

 

                                                                                      In Committee

                                                                                                Clause No. 49 further considered and agreed to.

                                                                                                Clauses Nos 50 to 52 agreed to.

                  Mr Foley moved on page 23, after line 13 to insert new clause 52A as follows:


            52A. Haulage charges to be subject to price regulation (1) After considering a recommendation from the Prices Commissioner, the Minister may, by notice in the Gazette -

                  (a)     fix the maximum charges that an operator may make for haulage services; or

                  (b)     vary or revoke a maximum charge fixed under this section.

                  (2)     The maximum charges may very according to factors stated in the notice.

                  (3)     The Minister -

                              (a)           must, at the request of the operator, have the Prices Commissioner conduct a review of the maximum prices fixed under this section; and

                              (b)           must, within 10 weeks of the date of the request or a longer period agreed by the operator -

                                                (i)      inform the operator of the result of the review; and

                                                (ii)    make any adjustment to the maximum charges that the Minister considers desirable in view of the Prices Commissioner's recommendations in the review.

                  (4)     An operator must not make a charge for haulage services in excess of the relevant maximum fixed under this section.

                  (5)     A pipeline user may recover any amount paid in excess of the permitted maximum as a debt.

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

                                                                                                Clause No. 53 agreed to.

                                                                                                Title agreed to.

                                                                                                                                  ____________

 

                  The House having resumed:

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

 

                  Bill read a third time and passed.

 

17        Adjournment

                  The Deputy Premier moved - That the House do now adjourn.

                  Debate ensued.

                  Question put and passed.

                  House adjourned at 6.26 p.m. until tomorrow at 10.30 a.m.

 

                                                                                                                                  ____________

 

                                                                 MOTIONS WHICH NOTICE WAS GIVEN

 

For Thursday 23 March 1995

            Notices of Motions:  Government Business-

 

The Minister for Health to move - That he have leave to introduce a Bill for an Act to provide for the administration of health services in the State; to repeal the South Australian Health Commission Act 1976; and for other purposes.

 

The Minister for Housing, Urban Development and Local Government Relations to move - That he have leave to introduce a Bill for an Act to amend the Development Act 1993 and to make a related amendment to the Local Government Act 1934.

 

                                                                                                                                  ____________

 

                  Present during the day - All the Members.


 

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

 

 

                  Division No. 1 -

                              Ayes - Mr Quirke.

                              Noes - Hon. D.C. Brown.

 

 

 

 

 

                                                                                                                                                                                                                        G.M. Gunn

                                                                                                                                                                                                                        SPEAKER

G.D. Mitchell

CLERK OF THE HOUSE OF ASSEMBLY