No 51

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

WEDNESDAY 24 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    Petition No 119

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

 

119      The Minister for Health (Hon M H Armitage), from 904 residents of South Australia, requesting that the House urge the Government to ban the recreational shooting of ducks and quails.

 

3    Answer to question

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

 

4    Senate Vacancy - Joint Sitting of Members of the two Houses - Minutes of Proceedings

The Speaker laid on the Table the Minutes of the Assembly of Members of the two Houses, held on 24 July 1996, for the choosing of a Senator to hold the place rendered vacant by the resignation of Senator J M Ferris, to which vacancy Ms J M Ferris was appointed.

 

5    Legislative Review Committee - Report - Twenty-Ninth

Mr Cummins brought up the Twenty-Ninth 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    Select Committee on the Pulp and Paper Mill (Hundreds of Mayurra and Hindmarsh)(Council Rates) Amendment Bill - Leave to sit

The Minister for Health, by leave moved - That the Select Committee on the Pulp and Paper Mill (Hundreds of Mayurra and Hindmarsh)(Council Rates) Amendment Bill have leave to sit during the sittings of the House today.

Question put and passed.

 


9    De Facto Relationships Bill - Conference

Order of the day read for the consideration of the recommendations of the Conference on this Bill.

 

In Committee

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

___________

The House having resumed:

Hon H Allison reported that the Committee had considered the recommendations of the Conference and had agreed to the same.

 

10   Firearms (Miscellaneous) Amendment Bill

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

 

In Committee

                    Clause No 3 further considered and further amended.

____________

 

To report progress and ask leave to sit again.

____________

 

The House having resumed:

Hon H Allison reported that the Committee had further 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.

 

11   Environment, Resources and Development Committee - Leave to sit

Mrs Kotz, by leave moved - That the Environment, Resource and Development Committee have leave to sit during the sitting of the House today.

Question put and passed.

 

12   Firearms (Miscellaneous) Amendment Bill

Ordered -That further consideration in Committee of this Bill now resume.

 

In Committee

                    Clause No 3 further considered, as amended and agreed to.

                    Clause No 4 agreed to.

Mr Bass moved, on page 6, after line 9, to insert new clause 4A as follows:

Amendment of s. 7 - Establishment of consultative committee

4A. Section 7 of the principal Act is amended -

(a)   by striking out from subsection (2) "three members" and substituting "seven members";

(b)   by inserting the following word and paragraphs after paragraph (c) of subsection (2):

and

   (d)   one must be a person who carries on the business of primary production, who is a member of the South Australian Farmers Federation Incorporated and who has been nominated by that Federation; and

   (e)   one must be a person nominated by the Firearms Traders Association in South    Australia; and

   (f)   one must be a medical practitioner of at least seven years standing; and

   (g)   one must be a person nominated by the Combined Shooters and Firearms Council of    South Australia Incorporated.;

(c)   by striking out from subsection (4) “may appoint a suitable person to be a deputy of any member” and substituting “must appoint a deputy for each member”;

(d)   by inserting the following subsection after subsection (4):

 

   (5) The deputy for a member appointed on the nomination of a body under subsection (2) must also be appointed on the nomination of that body.

Question - That the clause be inserted - put and negatived.

The Minister for Police (Hon S J Baker) moved on page 6, after line 9, to insert new clause 4A as follows:

Amendment of s. 7 - Establishment of consultative committee

4A.   Section 7 of the principal Act is amended -

(a)   by striking out from subsection (2) “three members” and substituting “five members”;

(b)   by inserting the following word and paragraphs after paragraph (c) of subsection (2):

   and

   (d)   one must be a medical practitioner; and

   (e)   one must be a member of the South Australian Farmers Federation Incorporated.

     Amendment to Amendment

Mr Quirke moved to amend the amendment by inserting the following paragraph after paragraph (b)

   (c)   by inserting the following subsection after subsection (2):

(2a)  The committee must include at least one man and one woman.

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

Question - That the new clause as amended be inserted - put and passed.

                    New clause 4B inserted.

                    Clause No 5 amended and agreed to.

                    Clause No 6 read.

Mr Bass moved, on page 6, after line 27, to insert a new paragraph as follows:

(c)   a person has possession of, or uses, the firearm on the grounds of a recognised firearms club for the purpose of shooting in a manner authorised by the club.

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

                    Clause agreed to.

                    Clause No 7 amended and agreed to.

                    Clause No 8 agreed to.

                    Clause No 9 amended and agreed to.

                    Clause No 10 read.

Mr Bass moved, on page 11, lines 20 and 21, to leave out the words "and that there are special reasons for doing so".

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

                    Clause agreed to.

                    Clause No 11 read.

Mr Bass moved, on page 12, lines 1 to 3, to leave out paragraph (d).

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

Mr Bass, moved, on page 12, lines 7 to 38 and on page, 13 lines 1 to 11, to Leave out subsections (2), (3) and (4) and insert a new subsection as follow:

(2)   The Registrar must refuse a permit for a class C, D or H firearm unless the requirements set out in paragraph (a), (b), (c), (d), (e) or (f) are satisfied -

(a)   in the case of a class C or H firearm - the applicant is a member of a recognised firearms club and needs the firearm for the purpose of participating in activities conducted by the club; or

(b)   in the case of a class C, D or H firearm -

      (i)   the applicant -

      (A)   must carry on the business of primary production; or

   (B)   must be an employee of a person who carries on the business of primary production and must live on or near the land on which that business is carried on and must be employed in the carrying on of that business; or

   (C)  must be a relative of a person who carries on that business and must live on or near the land on which that business is carried on and must be employed in the carrying on of that business; and

         (ii) the Registrar must be satisfied that the applicant needs the firearm for the purposes of that business;

(c)   in the case of a class C or H firearm - the applicant carries on the business of guarding property and needs the firearm for the purposes of that business; or

(d)   in the case of class C or D firearms - the applicant gains his or her livelihood wholly or partly from professional shooting and needs the firearm to destroy animals in the course of professional shooting; or

(e)   in the case of class C, D or H firearms - the applicant wishes to acquire the firearm for the purposes of collection and display; or

Safeguarding Amendment

The Deputy Premier, having intimated that he intended to move, on page 12, after line 36 to insert a new paragraph as follows:

(ab)  the following requirements are satisfied

   (i)   the applicant is a member of The South Australian Clay Target Association Incorporated or the Australian Clay Target Association Incorporated and is also a member of a recognised firearms club affiliated with either of these associations; and

   (ii)  the Registrar is satisfied that the applicant needs the firearm for the purpose of an activity of the club conducted in accordance with the rules of the Australian Clay Target Association Incorporated;

   or.

Question - That all words on page 12, lines 7 to 36, be left out - put and negatived.

Question - That  the Deputy Premiers’ amendment be agreed to - put and passed.

Mr Quirke moved, on page 13, after line 16, to insert a new subsection as follows:

(7)   For the purposes of subsection (2)(a), an applicant's desire to acquire a firearm that is identical to a firearm that he or she already owns will be taken to be a genuine reason for acquiring the firearm.

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

                    Clause otherwise amended and agreed to.

                    Clause No 12 amended and agreed to.

                    Clause No 13 agreed to.

                    Clause No 14 amended and agreed to.

                    Clause No 15 agreed to.

                    Clause No 16 amended and agreed to.

                    Clause No 17 agreed to.

                    Clause No 18 read.

Mr Bass moved, that on page 20, lines 5 and 6, to leave out these lines and insert in lieu thereof the following lines "the Registrar must, within 72 hours, comply with subsection (6), and then inform the club and the person's employer that the licence has been cancelled, suspended or varied".

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

                    Clause agreed to.

                    Clause No 19 read.

To report progress and ask leave to sit again.

____________

 

The House having resumed:

Hon H Allison reported that the Committee had further 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.

 

13   Extension of time for adjournment

The Deputy Premier (Hon S J Baker) moved - That the time for moving the adjournment of the House be extended beyond 10.00 pm.

Question put and passed.

 

14   Firearms (Miscellaneous) Amendment Bill

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

 

In Committee

                        Clause No 19 further considered.

Mr Bass moved, on page 20, after line 24, to insert subsection as follows:

(5) A medical practitioner or recognised firearms club that fails to comply with this section is guilty of an offence.

   Maximum penalty: $5 000.

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

                    Clause otherwise amended and agreed to.

                    Clauses Nos 20 to 22 agreed to.

                    Clauses Nos 23 and 24 amended and agreed to.

                    Clauses Nos 25 to 30 agreed to.

                    Clause No 31 amended and agreed to.

                    Clauses Nos 32 to 34 agreed to.

                    Clause No 35 read.

Mr Quirke moved, on page 25, line 14, after "operator" to insert the words "and with the consent of the Minister".

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

Mr Quirke moved, on page 25, after line 37, to insert subsections as follow:

(8a)  The Registrar must give an operator notice that he or she has varied the conditions of an approval.

(8b)  Within one month after receiving notice in writing of the Registrar's decision to revoke an approval or vary the conditions of an approval the operator may require the Registrar to refer the matter to the consultative committee.

(8c)  If the committee does not agree with the Registrar's decision the committee may direct the Registrar to revoke or vary the decision.

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

                    Clause agreed to.

                    Clause No 36 agreed to.

                    Clause No 37 read.

Mr Bass moved on page 26, lines 10 to 28, to leave out section 29 and insert section as follows:

   Handling firearms after drinking alcohol, etc

29 (1)   A person who handles a loaded firearm within six hours after drinking alcohol or taking any other intoxicating drug is guilty of an offence.

Maximum penalty: $10 000 or imprisonment for two years.

   (2)   A person who transfers possession of a loaded firearm to a person whom he or she knows, or could reasonably be expected to know, has drunk alcohol or taken any other intoxicating drug within the past six hours is guilty of an offence.

Maximum penalty: $10 000 or imprisonment for two years.

   (3)   For the purposes of this section a firearm will be taken to be loaded if a round is in the breech or chamber or the magazine of the firearm.

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

                    Clause otherwise amended and agreed to.

                    Clauses Nos 38 to 40 agreed to.

                    Clause No 41 amended and agreed to.

                    Clause No 42 agreed to.

                    Clauses Nos 43 to 45 amended and agreed to.

                    Clauses Nos 46 and 47 agreed to.

                    Clause No 48 amended and agreed to.

                    Clauses Nos 49 and 50 agreed to.

Mr Quirke moved, on page 34, after line 37, to insert new clause 50A as follows:

Insertion of section 38A

50A      The following sections are inserted after section 38 of the principal Act:

   Maximum penalty for offence involving use of a firearm

38A   Where the maximum penalty for an offence against a provision of an Act (other than this Act) is either a fine or a term of imprisonment or both or is a term of imprisonment without a fine, that maximum is increased -

   (a)   in the case of imprisonment - by two years; and

   (b)   in the case of a fine - by $10 000,

   if a firearm was used in the commission of the offence.

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 further 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   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   Messages from the Legislative Council

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

 

Electricity Corporations (Generation Corporation) Amendment Bill          Message No 143

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Electricity Corporations Act 1994, with the amendments indicated in the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

     Legislative Council, 24 July 1996                 H P K Dunn, PRESIDENT

 

Schedule of the amendments made by the Legislative Council

No 1  Page 1 (clause 2) - After line 14 insert new subclause as follows:-

“(2)  The different provisions of this Act must be brought into operation on the same day.”

No 2  Page 1 - After line 14 insert new clauses as follow:-

2A. Amendment of long title The long title of the principal Act is amended by inserting after “purpose;” “to provide for the assets of electricity corporations to remain in public ownership;”.

2B. Substitution of s.3 Section 3 of the principal Act is repealed and the following section is substituted:

3. Objects The objects of this Act are -

(a) to establish corporations for the generation, transmission and distribution of electricity for the benefit of the people and economy of the State; and

(b) to provide for the assets of electricity corporations to remain in public ownership.’

No 3  Page 4, line 10 (clause 19) - Leave out “for the disposal of assets”.

No 4  Page 4, lines 12 to 18 (clause 19) - Leave out subclause (2) and insert new subclause as follows:-

‘(2)  This section applies to a transaction if -

(a)     the transaction -

(i)  is a sale of assets of an electricity corporation consisting of electricity generation    facilities or the whole or part of an electricity transmission system or electricity     distribution system; and

(ii)    is negotiated with a view to the operation of the assets as part of the South Australian electricity supply system by a person or body other than an electricity corporation; or

(b)     the transaction involves the issuing, sale or other disposal of shares in a company that is a subsidiary of an electricity corporation to a person or body other than an electricity corporation or officer or agency of the Crown and assets consisting of the whole or a major part of an electricity transmission system have been or are being transferred to the company by an electricity corporation; or

 

(c)     the transaction involves the transfer by an electricity corporation of assets consisting of the whole or a major part of an electricity transmission system to a company that is a subsidiary of an electricity corporation and shares in that company have been or are being issued, sold or otherwise disposed of to a person or body other than an electricity corporation or officer or agency of the Crown.’

J M Davis CLERK TO THE LEGISLATIVE COUNCIL

 

Ordered - That the amendments be taken into consideration forthwith.

 

In Committee

Resolved - That the amendments be agreed to.

____________

 

The House having resumed:

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

 

Government Business Enterprises (Competition) Bill            Message No 144

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to provide for oversight of the prices charged by government business enterprises; 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, 24 July 1996                 H P K Dunn, PRESIDENT

 

Schedule of the amendment made by the Legislative Council

Page 5, lines 18 to 23 (clause 12) - Leave out subclause (1) and insert new subclause as follows:-

“(1) The prime objective of a Commissioner in carrying out an investigation and making a pricing recommendation is -

(a)     to achieve prices that reflect, in the Commissioner’s opinion, the cost of efficient production and supply; and

(b)     through that means to achieve efficient resource allocation,

so far as that objective is consistent with explicitly identified and defined community service obligations imposed on the relevant GBE by Act of Parliament or by the Government.”

J M Davis CLERK TO THE LEGISLATIVE COUNCIL

 

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

 

Local Government (Ward Quotas) Amendment Bill           Message No 145

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Local Government Act 1934, with the amendment indicated by the annexed Schedule, to which amendment the Legislative Council desires the concurrence of the House of Assembly.

     Legislative Council, 24 July 1996                 H P K Dunn, PRESIDENT

 

Schedule of the amendment made by the Legislative Council

Page 1, lines 21 to 23 (clause 2) - Leave out all words in these lines after “to take effect” in line 21 and insert “on or before the date of the second general election of the council after the proposal takes effect or, if an earlier date is fixed by proclamation, on or before that date.”

J M Davis CLERK TO THE LEGISLATIVE COUNCIL

 

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

 

Industrial and Employee Relations (Miscellaneous) Amendment Bill          Message No 146

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Industrial and Employee Relations Act 1994, without amendment.

     Legislative Council, 24 July 1996                 H P K Dunn, PRESIDENT

 

17   Firearms (Miscellaneous) Amendment Bill

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

 

In Committee

                    New Clause No 50A further considered.

Question - That the new clause be inserted - put.

Committee divided (No 1):


 


                    Ayes, 10.

 

Mr Atkinson

Hon F T Blevins

Mr Clarke

Mr De Laine

Mr Foley

Ms Hurley

Hon M D Rann

Ms Stevens

Ms White

Mr Quirke (Teller)


            Noes, 28.

 

Mr Andrew

Hon M H Armitage

Hon E S Ashenden

Mr Bass

Mr Becker

Mr Brokenshire

Mr Buckby

Mr Caudell

Mr Cummins

Mr Evans

Mrs Greig

Hon G M Gunn

Mrs Hall

Hon R G Kerin

Mrs Kotz

Mr Leggett

Mr Lewis

Mr Meier

Hon J W Olsen

Mr Oswald

Mrs Penfold

Mrs Rosenberg

Mr Rossi

Mr Scalzi

Hon R B Such

Mr Venning

Mr Wade

Hon S J Baker (Teller)


So it passed in the negative.

Mr Quirke moved, on page 34, after line 37, to insert new clause 50B as follows:

Insertion of section 38B.

Exemption from requirement of training in safe handling of firearms

38B A person who is entitled to possess and use firearms under legislation of the Commonwealth, or who was entitled to do so until the legislation was amended or revoked, will be taken, for the purposes of an application for a firearms licence under this Act, to have the qualifications and experience in the safe handling of firearms required by this Act.

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

                    Clause No 51 agreed to.

                    Clause No 52 read.

Mr Bass moved, on page 36, lines 39 to 41, to Leave out subclause 5.

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

                    Clause otherwise amended and agreed to.

Mr Quirke moved, on page 37, after line 29, to inset a new clause no 53 as follows:

Insertion of schedule 2.

53 The following schedule is inserted after section 52 of the principal Act:

SCHEDULE 2

Review of Compensation

PART 1

THE COMPENSATION REVIEW COMMITTEE

The Compensation Review Committee

1. (1) The Compensation Review Committee is established.

   (2)   The committee consists of five members appointed by the Governor of whom—

      (a)   two will be nominated by the Minister;

      (b)   one will be nominated by the Registrar;

      (c)   one will be nominated by the Firearms Traders Association in South Australia;

      (d)   one will be nominated by the Combined Shooters and Firearms Council of South       Australia Incorporated.

   (3)   The committee must include at least one man and one woman.

   (4)   The Governor may appoint any member of the committee to be the presiding member of    the committee.

   (5)   The Governor must appoint a suitable person to be the deputy of each member of the   committee and that person, while acting in the absence of the member has all the       powers, authorities, duties and obligations of that member.

   (6)   The deputy of a member appointed on the nomination of a person or body under       subsection (2) must also be appointed on the nomination of that person or body.

Procedure at meetings

2. (1)   Three members constitute a quorum of the committee.

   (2)   A decision carried by a majority of the votes cast by members at a meeting is a decision         of the committee.

   (3)   Each member present at a meeting of the committee has one vote on any question arising for decision and, if the votes are equal, the member presiding at the meeting may      exercise a casting vote.

   (4)   The committee must cause accurate minutes to be kept of its proceedings.

   (5)   Subject to this schedule the committee may determine its own procedures.

Vacancies in appointment of members

3. An act of the committee is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a member.

Function of the committee

4. The functions of the committee is to hear and determine applications under Part 2.

PART 2

REVIEW OF COMPENSATION

Review of compensation

5. (1)   A person who is dissatisfied with the amount of compensation to be paid pursuant to    regulations made under clause 8 of schedule 1 may apply to the committee to review the       amount.

   (2)   The application must be in a form approved by the committee and must be accompanied      by the prescribed fee.

   (3)   If the committee is satisfied that the amount of compensation proposed to be paid has not     been determined in accordance with the regulations the committee may direct that an   amount determined by the committee be paid.

   (4)   The amount determined by the committee under subclause (3) is the amount to which the applicant is entitled under the regulations.

   (5)   A decision of the committee and the procedures of the committee cannot be called into question before any court or tribunal.

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

                    Title agreed to.

____________

 

Bill read a third time and passed.

 

The House having resumed:

Hon H Allison reported that the Committee had further considered the Bill referred to it and had agreed to the same with amendments.

 

18   Natural Gas (Interim Supply) (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.

 


19   Westpac/Challenge Bill

Ordered - That the adjourned debate on the question - That this Bill be now read a second time - be now resumed.

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.

 

20   Adjournment

     House adjourned at 1.12 am until today at 10.30 am.

 

____________

 

 

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 - Hon D C Brown

Noes - Mrs Geraghty

 

 

 

 

 

 

                                                      G M Gunn

                                                      SPEAKER

 

G D Mitchell

CLERK OF THE HOUSE OF ASSEMBLY