No 50

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

WEDNESDAY 13 APRIL 2005

 

 

1       Meeting of House

         The House met pursuant to adjournment. The Speaker (Hon R B Such) took the Chair and read prayers.

 

2        Message from the Governor

The following Message from the Governor’s Deputy was received and read:

 

Assent to Bill                                                                                          Message No 16

The Governor’s Deputy informs the House of Assembly that, in the name and on behalf of Her Majesty the Queen, the following Act was assented to during the fourth Session of the 50th Parliament, viz –

No 4 of 2005         An Act to amend the Criminal Law Consolidation Act 1935.

Government House, 13 April 2005                                      B Krumins, GOVERNOR’S DEPUTY

 

3       Answers to questions

Answers to questions without notice were tabled by the Speaker.

 

4       Legislative Review Committee - Report – Nineteenth

 

Nineteenth Report

Mr Hanna brought up the 19th Report of the Committee.

Report received.

 

5       Questions

Questions without notice were asked.

 

6       Grievance debate

On motion of the Speaker, the House noted grievances.

 

7       Postponement of business

Ordered - That Notice of Motion: Private Members Bills/Committees/Regulations No 1 be postponed until 4 May.

 

8       Public Works Committee - Report – Deepening of Outer Harbor Shipping Channel

Mr Caica, pursuant to notice, moved - That the Two Hundred and Thirteenth Report of the Public Works Committee on the Deepening of Outer Harbor Shipping Channel be noted.

Debated ensued.

Question put and passed.

 

9       Postponement of business

Ordered - That Notices of Motion: Private Members Bills/Committees/Regulations Nos 3 and 5 to be postponed until 4 May.

 

 

10      Postponement of business

Ordered - That Order of the Day: Private Members Bills/Committees/Regulations No 1 be postponed until 1 June.

 

11      Postponement of business

Ordered - That Order of the Day: Private Members Bills/Committees/Regulations No 2 be postponed until 4 May.

 

12      Road Traffic (Drug Tests) Amendment Bill

Order of the Day read for the adjourned debate on the question - That this Bill be now read a second time.

Mrs Geraghty, moved – That the debate be further adjourned.

         Question put.

         House divided (No 1):

 

           Ayes, 19

           Noes, 19

 

Hon M J Atkinson

Mr Brindal

Ms Bedford

Mr Brokenshire

Ms Breuer

Hon D C Brown

Ms Ciccarello

Hon M R Buckby

Hon P F Conlon

Ms Chapman

Hon J D Hill

Mr Goldsworthy

Hon S W Key

Hon G M Gunn

Mr Koutsantonis

Mr Hamilton-Smith

Hon J D Lomax-Smith

Mr Hanna

Hon K A Maywald

Hon R G Kerin

Mr O'Brien

Mr Lewis

Ms Rankine

Hon W A Matthew

Mr Rau

Dr McFetridge

Hon L Stevens

Mr Meier

Ms Thompson

Mrs Penfold

Hon J W Weatherill

Mrs Redmond

Hon P L White

Mr Scalzi

Hon M J Wright

Mr Williams

Mrs Geraghty (Teller)

Mr Venning (Teller)

 

         Casting Vote

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

 

So it was resolved in the affirmative.

 

         Member named

The Speaker named the Member for Schubert (Mr Venning), for refusing to both withdraw unparliamentary language and apologise for its use.

 

Member's explanation

The Honourable Member having made an explanation:

Hon D C Brown moved - That the explanation be accepted.

Debate ensued.

         Question put.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

         House divided (No 2):

 

           Ayes, 20

 

           Noes, 22

Mr Brindal

Hon M J Atkinson

Mr Brokenshire

Ms Bedford

Hon M R Buckby

Ms Breuer

Ms Chapman

Mr Caica

Mr Goldsworthy

Ms Ciccarello

Hon G M Gunn

Hon K O Foley

Mrs Hall

Mrs Geraghty

Mr Hamilton-Smith

Hon J D Hill

Mr Hanna

Hon S W Key

Hon R G Kerin

Mr Koutsantonis

Mr Lewis

Hon J D Lomax-Smith

Hon W A Matthew

Hon K A Maywald

Dr McFetridge

Mr O'Brien

Mr Meier

Ms Rankine

Mrs Penfold

Mr Rau

Mrs Redmond

Mr Snelling

Mr Scalzi

Hon L Stevens

Mr Venning

Ms Thompson

Mr Williams

Hon J W Weatherill

Hon D C Brown (Teller)

Hon P L White

 

Hon M J Wright

 

Hon P F Conlon (Teller)

 

         So it passed in the negative.

 

Mr Venning then withdrew from the Chamber.

 

Member suspended

The Minister for Transport (Hon P F Conlon), moved - That the Member for Schubert be suspended from the service of the House for the remainder of the day.

Question put and passed.

 

         Road Traffic (Drug Tests) Amendment Bill

Hon G M Gunn moved – That the adjourned debate be resumed on motion.

Question – put.

         House divided (No 3):

 

           Ayes, 19

 

           Noes, 22

Mr Brindal

Hon M J Atkinson

Mr Brokenshire

Ms Bedford

Hon D C Brown

Ms Breuer

Hon M R Buckby

Mr Caica

Ms Chapman

Ms Ciccarello

Mr Goldsworthy

Hon P F Conlon

Mrs Hall

Hon K O Foley

Mr Hamilton-Smith

Hon J D Hill

Mr Hanna

Hon S W Key

Hon R G Kerin

Mr Koutsantonis

Mr Lewis

Hon J D Lomax-Smith

Hon W A Matthew

Hon K A  Maywald

Dr McFetridge

Mr O'Brien

Mr Meier

Ms Rankine

Mrs Penfold

Mr Rau

Mrs Redmond

Mr Snelling

Mr Scalzi

Hon L Stevens

Mr Williams

Ms Thompson

Hon G M Gunn (Teller)

Hon J W Weatherill

 

Hon P L White

 

Hon M J Wright

 

Mrs Geraghty (Teller)

 

         So it passed in the negative.

 

Ordered - That the adjourned debate be an Order of the Day for Wednesday 4 May.

 

13      Postponement of business

Ordered - That Order of the Day: Private Members Bills/Committees/Regulations No 4 be postponed until 4 May.

 

14      Discharge of Business - Shop Trading Hours (Christmas Trading Period) Amendment Bill

Order of the Day: Private Members Bills/ Committees/ Regulations No 5 read.

Ordered - That this Order of the Day be discharged.

 

15      Education (Compulsory Education) 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 the debate be further adjourned until 4 May.

 

16      Joint Committee on a Code of Conduct for Members of Parliament – Report – Motion to note

         Order of the Day read for the adjourned debate on the motion of Mr Rau – That the report of the Joint Committee on a Code of Conduct for Members of Parliament be noted.

         Debate resumed.

 

 

The time for the consideration of Private Members Bills/ Committees/ Regulations having expired, the motion was adjourned (Mr Brindal, by leave), and made an Order of the Day for 4 May.

 

 

17      Road Traffic (Validity of Regulations) Amendment Bill

The Minister for Education and Children’s Services (Hon J D Lomax-Smith), pursuant to notice, moved - That she have leave to introduce a Bill for an Act to amend the Road Traffic Act 1961.

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 Lewis, that the debate be adjourned.

         The Minister moved – That the debate be an Order of the Day for the next day of sitting.

Mr Lewis moved to amend the motion by deleting the words “next day of sitting” and inserting “23 May” in lieu thereof.

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

         Question – That the motion be agreed to – put and passed.

 

18      Supply 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 and passed.

 

The Minister for Employment, Training and Further Education (Hon S W Key) moved – That the House note grievances.

Debate ensued.

 

19      Extension of time for adjournment

Ordered, on motion of the Minister for Employment, Training and Further Education, that the time for moving the adjournment of the House be extended beyond 10.00 pm.

 

20      Supply Bill

Debate (interrupted by the foregoing), resumed.

Question put and passed.

 

Proceeded, by leave, to the third reading.

 

       Bill read a third time and passed.

 

21      Messages from the Legislative Council

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

 

         Motor Vehicles (Licences and Learner’s Permits) Amendment Bill        Message No 38

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Motor Vehicles Act 1959; and to make related amendments to the Road Traffic Act 1961, without any amendment.

         Legislative Council, 13 April 2005                                                   R R Roberts, PRESIDENT

 

         Primary Produce (Food Safety Schemes) (Miscellaneous) Amendment Bill

                                                                                                                        Message No 39

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Primary Produce (Food Safety Schemes) Act 2004, without any amendment.

         Legislative Council, 13 April 2005                                                   R R Roberts, PRESIDENT

 

22      Adjournment

House adjourned at 11.37 pm until tomorrow at 10.30 am.

 

____________

 

 

MOTION OF WHICH NOTICE WAS GIVEN

 

 

            For 14 April 2005

 

Notice of Motion: Other Motion -

 

The Premier to move – That this House, in commemorating the 60th anniversary of the end of World War Two and the end of the genocide of the Holocaust and the liberation of the death camps in Europe, declares its condemnation of anti-Semitism and all other forms of racism and

(a)           notes and endorses the resolutions on anti-Semitism presented in the Commonwealth House of Representatives on 16 February 2004 and in the Senate on 22 March 2004, and similar resolutions made in the State Parliaments of Victoria and New South Wales, particularly noting the long history of anti-Semitism and its evil potential to influence people to express hatred and carry out violence against the Jewish people;

(b)           recognises South Australia's history as a free colony established as a society with religious liberty which includes, a Capital renowned as a city of churches, the home of Australia's first Islamic Mosque in Maree and the arrival of the first Jewish settlers in South Australia in the State’s first year of settlement, some 168 years ago; recognises South Australia’s long commitment to multicultural and multi-faith harmony with about one hundred different religious faiths and a cultural heritage from some one hundred and sixty different nations among all its citizens;

(c)           reaffirms its opposition to all forms of racial and ethnic hatred, persecution and discrimination on ethnic or religious grounds, whenever and wherever it occurs;

(d)           expresses its unequivocal condemnation of violence directed against individuals, religious and cultural institutions;

(e)           resolves to condemn all manifestations of racism and religious vilification in South Australia as a threat to the freedoms that all citizens in this State should enjoy equally in a democratic society, and commits the Parliament to take all possible actions to combat this threat to our peaceful and diverse society;

(f)             resolves to encourage South Australian community group leaders to use their influence to oppose and counter racism and religious vilification, and to promote all possible efforts of fostering tolerance, respect and community harmony; and

(g)           recognises the social, cultural and economic benefits to all South Australians provided by this State's multicultural and multi-faith society.

 

 

____________

 

 

Present during the day - All Members except Hon I F Evans (L), Hon D C Kotz, the Minister for Agriculture, Food and Fisheries (Hon R J McEwen).

 

 

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

 

         Division No 1 -

Ayes – The Premier (Hon M D Rann), Deputy Premier (Hon K O Foley), Minister for Agriculture, Food and Fisheries.

               Noes - Hon I F Evans, Hon D C Kotz, Mrs Hall.

 

         Division No 2 -

               Ayes - Hon I F Evans, Hon D C Kotz.

               Noes – The Premier, Minister for Agriculture, Food and Fisheries.

 

         Division No 3 -

               Ayes - Hon I F Evans, Hon D C Kotz.

               Noes – The Premier, Minister for Agriculture, Food and Fisheries.

 

 

 

 

 

 

                                                                                                                        Hon R B Such

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY