No. 51

 

                                        VOTES AND PROCEEDINGS

 

                                                         OF THE

 

                                             HOUSE OF ASSEMBLY

 

 

                                                                                                                        

 

 

                                                                           WEDNESDAY 31 MARCH 1993

 

 

 1             Meeting of House

                The House met pursuant to adjournment.  The Deputy Speaker (Mr Ferguson) took the Chair and read prayers.

 

 2             Auditor-General's Report

                The Deputy Speaker laid on the Table the Report of the Auditor-General on an Investigation into the State Bank of South Australia pursuant to section 25 of the State Bank of South Australia Act 1983

                Ordered to be printed (Paper No. 200).

 

 3             Paper

                The following Paper was laid on the Table:

 

                By the Minister of Health, Family and Community Services (Hon. M.J. Evans) -

                    Optometrists Act - Regulations - Optometrists and Optical Dispensers.

 

 4             Legislative Review Committee - Report

                Mr McKee brought up the Twenty-sixth Report, 1992-93 of the Legislative Review                               Committee.

                Report received.

 

 5             Environment, Resources and Development Committee - Report

                Hon. T.H. Hemmings brought up the Fourth Report, 1992-93 of the Environment,                  Resources and Development Committee on Supplementary Development Plans.

                Report received.

 

 6             Questions

                Questions without notice were asked.

 

 7             Grievance debate

                The Deputy Speaker proposed - That the House note grievances.

                Debate ensued.

                Question put and passed.

 

 8             Postponement of business

                Ordered - That Order of the Day (Private Members Bills) No. 1 be postponed and taken  into                              consideration after Order of the Day (Private Members Bills) No. 5.

 

 

 9             Expiation of Offences (Trifling Offences) Amendment Bill

                Order of the Day read for the adjourned debate on the question - That the Expiation of Offences                       (Trifling Offences) Amendment Bill be now read a second time.

                Debate resumed.

                Ordered, on motion of Hon. B.C. Eastick, that the debate be further adjourned until Wednesday 21                   April.

 

10           Postponement of business

                Ordered - That Orders of the Day (Private Members Bills) Nos 3 and 4 be Orders of the Day for                         Wednesday 21 April.

 

11           Classification of Publications (Display of Indecent Matter) Amendment Bill

                Order of the Day read for the adjourned debate on the question - That the Classification of Publications                         (Display of Indecent Matter) Amendment Bill be now read a second time.

                Debate resumed.

                Ordered, on motion of Mr Ingerson, that the debate be further adjourned until Wednesday                                21 April.

 

12           Postponement of business

                Ordered - That Order of the Day (Private Members Bills) No. 1 be an Order of the Day for                   Wednesday 21 April.

 

13           Postponement of business

                Ordered - severally - That Notices of Motion (Committees/Regulations) Nos 1 to 8 be Notices of                      Motion for Wednesday 21 April.

 

14           Postponement of business

                Ordered - severally - That Orders of the Day (Committees/Regulations) Nos 1 to 3 be Orders of the                  Day for Wednesday 21 April.

 

15           Lincoln National Park Management - Motion re

                Mr Blacker, pursuant to notice, moved - That this House reaffirms its strong support for the current management scheme for the Lincoln National Park and commends National Parks and Wildlife Service officers and local community groups for their ongoing commitment to national park management.

                Debate ensued.

                Question put and passed.

 

16           Albury Effluent Disposal - Motion re

                Hon. D.C. Wotton, pursuant to notice, moved - That this House congratulates the Mayor and the Albury City Council for their responsible and momentous decision to proceed with total off-river disposal of its sewage effluent.

                Ordered, on motion of Hon. D.J. Hopgood, that the debate be adjourned until Wednesday 21 April.

 

17           Postponement of business

                Ordered - separately - That Notices of Motion (Other Motions) Nos 3 and 4 be Notices of  Motion for                             Wednesday 21 April.

 

18           Postponement of business

                Ordered - That Order of the Day (Other Motions) No. 1 be postponed and taken into consideration                  after Order of the Day (Other Motions) No. 4.

 


19           State Taxation Impact on Business - Motion re

                Order of the Day read for the adjourned debate on the motion of Mr S.J. Baker - That this House views with concern the impact of State Taxation on South Australian business prospects and in particular the pressure being placed on such businesses to move their operations interstate to avoid the highest rates of taxation in Australia being imposed by the Government.

                Debate resumed.

                Ordered, on motion of Mr S.G. Evans, that the debate be further adjourned until Wednesday 21 April.

 

20           Postponement of business

                Ordered - That Order of the Day (Other Motions) No. 3 be an Order of the Day for Wednesday 21                    April.

 

21           Discharge of business

                Order of the Day (Other Motions) No. 4 read.

                Ordered - That this Order of the Day be discharged.

 

22           Postponement of business

                Ordered - That Order of the Day (Other Motions) No. 1 be an Order of the Day for Wednesday 21                    April.

 

23           Postponement of business

                Ordered - severally - That Orders of the Day (Other Motions) Nos 5 to 7 be postponed and taken into                             consideration after Order of the Day (Other Motions) No. 8.

 

24           Murray River Effluent Disposal - Motion re

                Order of the Day read for the adjourned debate on the motion of Hon. D.J. Hopgood - That this House, recognising that the River Murray is of vital importance to South Australia for water supply, environmental and recreational purposes, urges the Minister of Public Infrastructure to make strenuous and urgent representations to the Albury City Council and the Government of New South Wales with a view to the adoption of full, off-river disposal of existing and future sewage effluent at Albury.

                Debate resumed.

                Ordered, on motion of Mr Holloway, that the debate be further adjourned until Wednesday 21 April.

 

25           Journalists - Register of Interests - Motion re

                Order of the Day read for the adjourned debate on the motion of Hon. J.L. Cashmore - That                                recognising the power and influence of the media, this House -

                    (a) supports the principle that journalists who report Parliamentary proceedings are an integral part of the democratic process; and

                    (b)     requests the Standing Orders Committee to consider establishing a formal procedure for accreditation of journalists and to consider whether those holding permanent passes as press, radio or television journalists, accredited by the Speaker to cover the proceedings of the Parliament, should be required to complete returns for a register of interests in a similar form to that prescribed for Members of Parliament, such register to be held by the Clerk of the House for inspection by Members of Parliament only and not by any other person.

                Debate resumed.

                Ordered, on motion of Mr Ingerson, that the debate be further adjourned until Wednesday 21 April.

 

26           Hardy's Block - Motion re

                Order of the Day read for the adjourned debate on the motion of Mr Matthew - That this House instructs the Minister of Environment and Land Management not to proceed with the private sale of land known as "Hardy's Block" on The Esplanade at Seacliff and owned by the Coastal Protection Board.

                Debate resumed.

                Question put and negatived.

 

 

27           Postponement of business

                Ordered - That Order of the Day (Other Motions) No. 7 be an Order of the Day for  Wednesday 21                   April.

 

28           Ash Wednesday Bushfires - Motion re

                Order of the Day read for the adjourned debate on the motion of Mr Quirke - That this House notes that on 16 February, ten years have elapsed since the second of the Ash Wednesday Bushfires and further notes that the disaster suffered by this State on that occasion was measured in severe loss of property and above all else, lives; this House commends the gallantry of all the firefighters, both regular and irregular, who risked their lives in the service of South Australia; moreover the House particularly notes the suffering of those injured that day and the grief of families in which life was lost.

                Debate resumed.

                Ordered, on motion of Mr DeLaine, that the debate be further adjourned until Wednesday 21 April.

 

29           Discharge of business

                Order of the Day (Other Motions) No. 10 read.

                Ordered - That this Order of the Day be discharged.

 

30           Murray/Darling System - Motion re

                Order of the Day read for the adjourned debate on the motion of Hon. D.J. Hopgood - That this House notes the continuing community concern with the quality of water in the Murray/Darling system, in particular, with the volume of nutrients entering the rivers of the system from agricultural horticultural, dairying, industrial and domestic activities as evidenced by outbreaks of blue green algae; the House therefore urges the upstream States to follow South Australia's lead in drastically reducing nutrient intake particularly from sewage and asks that South Australia's representatives on the Murray/Darling Ministerial Council draw this motion to the attention of other members of the Council.

                Debate resumed.

                Ordered, on motion of Hon. T.H. Hemmings, that the debate be further adjourned until Wednesday 21                            April.

 

31           Caring for Sick Children - Motion re

                Order of the Day read for the adjourned debate on the motion of Hon. D.C. Wotton - That this House notes the report `Caring for sick children - how working mothers cope' prepared by the Children's Services Office Consultative Committee, South Australia for the National Women's Consultative Council from information gathered and subsequently analysed from a South Australian phone-in in which 445 working parents participated.

                Debate resumed.

                Question put and passed.

 

32           Liberal Industrial Relations Policy - Motion re

                Order of the Day read for the adjourned debate on the motion of Mr Quirke - That this House notes the industrial relations policies of the Liberal Party at the Federal level and in particular, the policies of the Kennett Government in Victoria and also notes the Opposition in South Australia has promised to support similar anti worker, anti union measures aimed at undermining decent standards of living for all South Australians wage and salary earners.

                Debate resumed.

                Ordered, on motion of Mr Blacker, that the debate be further adjourned until Wednesday 21 April.

 

33           Discharge of business

                Order of the Day (Other Motions) No. 14 read.

                Ordered - That this Order of the Day be discharged.

 


34           Tariff Reductions - Motion re

                Order of the Day read for the adjourned debate on the motion of Mr Holloway - That this House calls for a moratorium on tariff reductions, particularly for the motor vehicle and textile, clothing and footwear industries, until the national economy has recovered and it can be demonstrated that those industries are in a position to withstand any such reductions.

                Debate resumed.

                Ordered, on motion of Mr S.G. Evans, that the debate be further adjourned until Wednesday 21 April.

 

35           Postponement of business

                Ordered - That Order of the Day (Other Motions) No. 16 be an Order of the Day for Wednesday 28                  April.

 

36           Superannuation (Visiting Medical Officers) Bill

                The Minister of Labour Relations and Occupational Health and Safety (Hon. R.J. Gregory), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to make certain provisions relating to superannuation for visiting medical officers and for other purposes.

                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 S.G. Evans, that the debate be adjourned until tomorrow.

 

37           Local Government (Voting at Meetings) Amendment Bill

                The Minister of Housing, Urban Development and Local Government Relations (Hon. G.J. Crafter), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Local Government Act 1934.

                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 Oswald, that the debate be adjourned until tomorrow.

 

38           Heritage Bill

                The Minister of Environment and Land Management (Hon. M.K. Mayes), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to conserve places of heritage value; to repeal the State Heritage Act 1978; to make consequential amendments to the Aboriginal Heritage Act 1988 the Native Vegetation Act 1991, the Strata Titles Act 1988 and the Valuation of Land Act 1971; and for other purposes.

                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 Oswald, that the debate be adjourned until tomorrow.

 

39           Development Bill

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

 

                                                                                            In Committee

                                                             Clause No. 24 further considered, amended and agreed to.

                                                             Clause No. 25 read.

                Mr Oswald moved on page 24, line 12, after the word "if" to insert subparagraphs as follow:

                     or

                    (b)     the proposed amendment designates a place as a place of local heritage value.

                Question put and negatived.

                Mr Oswald moved on page 24, line 24, to leave out the word "six" and to insert in lieu thereof the                     word "four".

                Question put and negatived.

                                                             Clause agreed to.

                                                             Clause No. 26 read.

                Mr Oswald moved on page 26, after line 23, to insert new subclause as follows:

                (3a)   The Minister must consult with the Advisory Committee if the proposed amendment designates a place as a place of local heritage value.

                Question put and negatived.

                                                             Clause otherwise amended and agreed to.

                Mr Oswald moved on page 26, after line 31, to insert new clause as follows:

                26a. Special provision relating to places of local heritage value (1) If a proposed amendment designates a place of local heritage value, the Advisory Committee must, on the referral of the amendment to it under section 25(2)(b) or 26(3a), give each owner of land constituting the place proposed as a place of local heritage value a written notice -

                    (a) informing him or her of the proposal; and

                    (b)     setting out any reasons for the proposal of which it is aware; and

                (2)     An owner of land constituting a place proposed as a place of local heritage value may, within four weeks of the receipt of a notice under subsection (1), make written representations to the Advisory Committee on whether the proposal should proceed.

                (3)     If a person who makes written representations under subsection (2) seeks to appear personally before the Advisory Committee to make oral representations, the Advisory Committee must allow him or her a reasonable opportunity to appear personally or by representative before it.

                (4)     The Advisory Committee must then prepare a report in relation to the matter.

                (5)     A copy of the report must be provided to each person (if any) who made a representation to the Advisory Committee under subsection (2).

                (6)     If it is proposed that the amendment still proceed, a copy of the draft Plan Amendment Report must also be sent to each person (if any) who made a representation to the Advisory Committee under subsection (2).

                (7)     A person who is entitled to receipt of a draft Plan Amendment Report under subsection (6) may appeal to the Court against the proposed designation of the place as a place of local heritage value.

                (8)     The appeal must be commenced within four weeks after the draft Plan Amendment Report is received under subsection (6) (and this period cannot be extended by the Court).

                (9)     If an appeal is commenced, then, notwithstanding sections 25 and 26 -

                          (a)      the Plan Amendment Report cannot proceed further until the determination of the appeal; and

                          (b)     the council or the Minister (as the case may be) is a party to the appeal; and

                          (c)      the Court may, on the determination of the appeal -

                                    (i) confirm, vary or reverse the designation of the place as a place of local heritage;

                                    (ii)     remit the matter to the council or the Minister for further consideration or for reconsideration;

                                    (iii)    make consequential or ancillary orders (including orders that alter the proposed amendment, or provide that the proposed amendment no longer proceed).


                Question put.

                Committee divided (No. 1):

               Ayes, 17.                                          Noes, 18.

            Hon. H. Allison

            Dr Armitage

            Hon. P.B. Arnold

            Mr D.S. Baker

            Mr S.J. Baker

            Mr Blacker

            Mr Brindal

            Hon. B.C. Eastick

            Mr S.G. Evans

            Mr Gunn

            Mr Ingerson

            Mr Lewis

            Mr Matthew

            Mr Meier

            Mr Such

            Mr Venning

            Mr Oswald (Teller)

 

Hon. L.M.F. Arnold

Mr Atkinson

Hon. J.C. Bannon

Hon. F.T. Blevins

Mr Ferguson

Hon. R.J. Gregory

Hon. T.R. Groom

Mr Hamilton

Hon. T.H. Hemmings

Mr Heron

Mr Holloway

Hon. D.J. Hopgood

Hon. J.H.C. Klunder

Hon. S.M. Lenehan

Hon. M.K. Mayes

Hon. M.D. Rann

Hon. J.P. Trainer

Hon. G.J. Crafter (Teller)

                So it passed in the negative.

                                                             Clause No. 27 read.

                Mr Oswald moved on page 27, line 32, to leave out the words "both Houses of Parliament pass resolutions disallowing an amendment laid before them" and insert in lieu thereof the words "either House of Parliament passes a resolution disallowing an amendment laid before it".

                Question put and negatived.

                                                             Clause agreed to.

                                                             Clause No. 28 read.

                Mr Oswald moved on page 28, line 4, to leave out the word "Where" and insert in lieu thereof the words "Subject to Subsection (1a), where," and after line 10 to insert new subclause as follows:

                (1a)   The Governor cannot make a declaration under subsection (1) except with the concurrence of the Advisory Committee.

                Question put and negatived.

                Mr Oswald moved on page 28, line 16, to leave out the words "both Houses of Parliament pass resolutions" and insert in lieu thereof the words "either House of Parliament passes the resolution."

                Question put and negatived.

                                                             Clause otherwise amended and agreed to.

                                                             Clauses Nos 29 to 33 agreed to.

                                                             Clause No. 34 read.

                Mr Oswald moved on page 32, after line 29 to insert new paragraph as follows:

                (iiia)  the Minister, acting at the request of the proponent, declares, by notice in writing to the relevant council, that the Minister is satisfied that the council has a conflict of interest in the matter on the basis that the council has undertaken, is undertaking, or proposes to undertake (either on it own or in joint venture with any other person), a similar development within its area;.

                Question put and negatived.

                                                             Clause agreed to.

                                                             Clause No. 35 read.

                Mr Oswald moved on page 34, after line 1, to insert new paragraph as follows:

                (5)     Subsection (4) does not apply if the proposed development is within the area of a council and, as at the time the application was made, the council was in breach of section 30 by reason of a failure to complete a review of the relevant Development Plan within the time prescribed by that section.

                Question put and negatived.

                                                             Clause otherwise amended and agreed to.

                                                             Clause No. 36 agreed to.

                                                             Clause No. 37 read.

                Mr Oswald moved on page 36, line 11, to leave out the word "and", and on lines 12 to 19 to leave out                              these lines.

                Question put and negatived.

                                                             Clause otherwise amended and agreed to.

                                                             Clauses Nos 38 and 39 amended and agreed to. 

                                                             Clause No. 40 agreed to.

                                                             Clause No. 41 read.

                Mr Oswald moved on page 40, line 33, after the words "relevant authority" to leave out these words                                and insert in lieu thereof new subparagraphs as follow:

                "(a)   to pay the applicants costs of the proceedings;

                 (b)    to pay to the applicant an account, determined by the Court, to compensate the applicant for any loss which the applicant has suffered, or is expected to suffer, from the date of commencement of the proceedings on account of the relevant authority's failure to decide the application within the time prescribed by the regulations."

                Question put and negatived.

                                                             Clause agreed to.

                                                             Clauses Nos 42 to 45 agreed to.

                                                             Clause No. 46 read.

                Mr Oswald moved on page 43, after line 19, to insert new subclause as follows:

                (2a)   The Minister cannot require that a proponent prepare an environmental impact statement under subsection (2)(b) if the development is of a kind described as a complying development under the relevant Development Plan.

                Question put and negatived.

                                                             Clause agreed to.

                                                             Clause No. 47 agreed to.

                                                             Clause No. 48 read.

                Mr Oswald moved on page 45, line 22, to leave out the word "The" and insert in lieu thereof the                       words "Subject to subsection (2a), the", and after line 30 to insert new subclause as follows:

                (2a)   A declaration under subsection (2) has no effect in relation to a development of kind described as a complying development under the relevant Development Plan.

                Question put and negatived.

                                                             Clause agreed to.

                                                             Clause No. 49 read.

                Mr Oswald moved on page 48, lines 25 to 29, to leave out subclause (8) and insert in lieu thereof new                              subclause as follows:

                (8)     If it appears to the Development Assessment Commission -

                          (a)      that the proposal is seriously at variance with -

                                    (i) the provisions of the appropriate Development Plan (so far as they are relevant); or

                                    (ii)     any code or standard prescribed by the regulations for the purposes of this provision; or

                          (b)     that the provision would have an adverse affect to a significant degree on any services or facilities, or businesses, provided or carried on in the proximity of the development; or

                          (c)      that the development could be undertaken as efficiently or effectively by a  private developer; or

                          (d)     that the proposal is in direct competition with a development that has been undertaken, or is being undertaken, be a private development in the proximity of the development,

                    specific reference of that fact must be included in the report.

                Question put and negatived.

                Mr Oswald moved on page 49, lines 10 to 14, after the words "thinks fit", to leave out all these words.

                Question put and negatived.

                Mr Oswald moved on page 49, after line 14, to insert new subclause as follows:


                (13a) An approval under this section will be taken to be given subject to the condition that, before any building work is undertaken, the building work be certified by a private certifier, or by some person determined by the Minister for the purposes of this provision, as complying with the provisions of the Building Rules (or the Building Rules, as modified according to criteria prescribed by the regulations).

                Question put and negatived.

                Mr Oswald moved on page 49, line 19 to 21, to leave these lines and insert in lieu thereof new                            subparagraph as follows:

                (b)     the Minister approves a development that requires a specific reference under subsection (8),.

                Question put and negatived.

                Mr Oswald moved on page 49, line 26, to leave out the words "(including a certificate or approval under Part 6)" and substitute the words "(other than to fulfil a condition under subsection (13a) or comply with the requirements of Part 6)".

                Question put and negatived.

                                                             Clause agreed to.

                                                             Clause No. 50 read.

                To report progress and ask leave to sit again.

                                                                                                                         

 

                The House having resumed:

                Mr DeLaine 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.

 

40           Extension of time for adjournment

                The Minister of Housing, Urban Development and Local Government Relations moved - That the time                            for moving the adjournment of the House be extended beyond 10.00 p.m.

                Question put and passed.

 

41           Development Bill

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

 

                                                                                            In Committee

                                                             Clause No.50 further considered.

                Mr Oswald moved on page 50, to leave out lines 9 to 11.

                Question put and negatived.

                                                             Clause agreed to.

                                                             Clauses Nos 51 to 52 agreed to.

                                                             Clause No. 53 read.

                Mr Oswald moved on page 54, to leave out lines 7 to 13.

                Question put and negatived.

                                                             Clause agreed to.

                                                             Clauses Nos 54 to 56 agreed to.

                                                             Clause No. 57 read.

                Mr Oswald moved on page 57, line 4, after the words "relating to the" to insert the word                     "development", and on line 6, after the words "relating to the" insert the word "development".

                Question put and negatived.

                                                             Clause agreed to.

                                                             Clause No.58 agreed to.

                                                             Clause No.59 read.

                Mr Oswald moved on page 58, line 11, to leave out the word "A" and insert in lieu thereof the words                               "subject to subsection (1a), a".

                Question put and negatived.

                Mr Oswald moved on page 58, after line 14, to insert new subclause as follows:


                    (1a) If the building work is being carried out on a building owned or occupied by the

                    Crown the person must notify the Minister (instead of the council) of the commencement or completion of a prescribed stage of work".

                Question put and negatived.

                Mr Oswald moved on page 58, line 15, to leave out the words "by a statement" and insert in lieu                       thereof the words "or supported by a statement from a person who holds prescribed qualifications".

                Question put and negatived.

                Mr Oswald moved on page 58, lines 17 to 23, to leave out these lines and insert in lieu thereof new                   subclauses as follow:

                    (3) A person who is carrying out building work must, if the regulations so require, ensure that the building work is inspected by a person who holds prescribed qualifications when a mandatory notification stage has been reached.

                    Penalty: Division 6 fine.

                    (4) A person must not give a statement, or carry out an inspection, for the purposes of this section if -

                               (a) the person is the building owner, or the builder; or

                               (b)     the person -

                                         (i) has a direct or indirect pecuniary interest in any aspect of the

                                                   development or any body associated with any aspect of the development; or

                                     (ii)          is employed by any person or body associated with any aspect of the development,

                                         other than as an officer or employee of the Crown, or as an officer or employee of a council.

                    Penalty: Division 6 fine.

                Question put and negatived.

                                                             Clause otherwise amended and agreed to.

                                                             Clauses Nos 60 to 70 agreed to.

                                                             Clause No.71 amended and agreed to.

                                                             Clauses Nos 72 to 75 agreed to.

                                                             Clause No.76 amended and agreed to.

                                                             Clauses Nos 77 to 87 agreed to.

                                                             Clause No.88 read.

                Mr Oswald moved on page 83, lines 7 and 8 to leave out the words "to the extent prescribed or authorised by the regulations" and insert in lieu thereof the words "in relation to an assessment against the Building Rules".

                Question put and negatived.

                                                             Clause otherwise amended and agreed to.

                                                             Clauses Nos 89 to 106 agreed to.

                                                             Clause No.107 amended and agreed to.

                                                             Schedule amended and agreed to.

                                                             Title agreed to.

 

                                                                                                                       

 

                The House having resumed:

                Mr DeLaine 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.

 

42           Environment, Resource and Development Court Bill

                Order of the Day read for the adjourned debate on the question - That the Environment, Resources and                          Development Court be now read a second time.

                Debate resumed.

                Question put and passed.

 

                Bill read a second time.

 

                                                                                            In Committee

                                                             Clause No. 1 and 2 agreed to.

                                                             Clause No. 3 read.

                Mr Oswald moved on page 1, lines 26 and 27, and on page 2, lines 1 and 2 to leave out these lines.

                Question put and negatived.

                                                             Clause agreed to.

                                                             Clauses Nos 4 to 7 agreed to.

                                                             Clause No. 8 read.

                Mr Oswald moved on page 4, lines 6 and 7, to leave out these lines and insert in lieu thereof new                      subclause as follows:

                (2)     The Presiding Member will be a Judge of the District Court nominated by the Chief Judge.

                Question put and negatived.

                                                             Clause agreed to.

                                                             Clause No. 9 amended and agreed to.

                                                             Clauses Nos 10 to 14 agreed to.

                                                             Clauses Nos 15 to 18 amended and agreed to.

                                                             Clauses Nos 19 to 45 agreed to.

                                                             New Clause No. 45a inserted.

                                                             Clauses Nos 46 to 48 agreed to.

                                                             Schedule amended and agreed to.

                                                             Title agreed to.

 

                                                                                                                       

 

                The House having resumed:

                Mr DeLaine 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.

 

43           Statutes Repeal and Amendment (Development) Bill

                Order of the Day read for the adjourned debate on the question - That the Statutes Repeal and Amendment (Development) Bill be now read a second time.

                Debate resumed.

                Question put and passed.

 

                Bill read a second time.

 

                                                                                            In Committee

                                                             Clauses Nos 1 to 10 agreed to.

                                                             Clause No. 11 amended and agreed.

                                                             Clauses Nos 12 to 29 agreed to.

                                                             Title agreed to.

 

                                                                                                                       

 

                The House having resumed:

                Mr DeLaine 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.

 


44           Messages from the Legislative Council

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

 

                Public Corporations Bill                                                                                   Message No. 105

                MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to provide for the control of public corporations; and for other purposes, to which it desires the concurrence of the House of Assembly.

                The Legislative Council draws the attention of the House of Assembly to clauses 28 and 29 and the Schedule, printed in erased type, which clauses and Schedule, being money clauses, cannot originate in the Legislative Council, but which are deemed necessary to the Bill.

                Legislative Council, 31 March 1993                                                                  G.L. Bruce, PRESIDENT

 

                Bill read a first time.

                Ordered - That the second reading be an Order of the Day for tomorrow.

 

                Economic Development Bill                                                                                               Message No. 106

                MR SPEAKER - The Legislative Council has, in lieu of its Amendment No. 9 to which the House of Assembly has disagreed in the Economic Development Bill, made the alternative amendments indicated by the annexed Schedule, to which alternative amendments the Legislative Council desires the concurrence of the House of Assembly.  The Bill is returned herewith.

                Legislative Council, 31 March 1993                                                                  G.L. Bruce, PRESIDENT

 

                                       Schedule of the alternative amendments made by the Legislative Council

                                      in lieu of Amendment No. 9 to which the House of Assembly has disagreed.

                No. 1.    Clause 16 - Leave out new subclause (3B) and insert alternative subclause (3B) as follows:-

                               “(3B) An authorisation under subsection (3) is to be given, and may be varied or revoked, by proclamation, and within 6 sitting days after such a proclamation is made, the Minister must have a report, setting out the terms of the proclamation, laid before both Houses of Parliament.”

                No. 2.    Clause 16 - Instead of proposed subclause (6), insert new subclauses as follow:-

                               “(6)    Subject to subsection (7), a ratification under subsection (2), or an approval under subsection (5)(a)  or (b) -

                                              (a) must be published by the Minister -

                                                        (i) by notice in the Gazette  within 14 days after the ratification or                                                                                                                                                                                   approval was given;

                                                              and

                                                        (ii)by tabling the ratification or approval in both Houses of Parliament

                                                              within 6 sitting days after its publication in the Gazette;

                                                              and

                                              (b)     must be published by the Board in its next annual report.

                                 (7)         If the Minister is of the opinion that publication of a ratification or approval under subsection (6) might detrimentally affect the commercial interests of any interested party, or might breach a duty of confidence, the ratification or approval need not be published by the Minister or the Board as required by that subsection, but instead -

                                              (a) the Minister must cause the ratification or approval to be reported to the Economic and Finance Committee of the Parliament within 14 days after the ratification or approval was given;

                                                        and

                                              (b)     the Board must cause a statement of the fact that the ratification or approval was given to be published in its next annual report.”

                                                             J.M. Davis, CLERK OF THE LEGISLATIVE COUNCIL

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

 


                Barley Marketing Bill                                                                                       Message No. 107

                MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act relating to the marketing of barley and for other purposes, with the amendments indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

                Legislative Council, 31 March 1993                                                                  G.L. Bruce, PRESIDENT

 

                                                 Schedule of the amendments made by the Legislative Council

                No. 1.    Page 5, line 6 (clause 12) - After “four persons” insert “(who may - but need not be - members of the South Australian Farmers Federation Incorporated)”.

                No. 2.    Page 14 (clause 35) - After line 21 insert new subclause as follows:-

                               “(5)    An authorized receiver appointed to receive barley or oats in South Australia must not, except with the written approval of the Board, have a direct or indirect interest in a business involving the buying or selling of barley or oats or in a body corporate carrying on such a business.”

                No. 3.    Page 28, line 13 (clause 62) - After “names” insert “of persons (who may - but need not be - members of the South Australian Farmers Federation Incorporated)”.

                                                             J.M. Davis, CLERK OF THE LEGISLATIVE COUNCIL

                Ordered - That the Message be taken into consideration forthwith.

 

                                                                                            In Committee

                Resolved - That the amendments be agreed to.

 

                                                                                                                      

 

                The House having resumed:

                Mr DeLaine reported that the Committee had considered the amendments referred to it and had agreed                           to the same without amendment.

 

45           Adjournment

                House adjourned at 11.58 p.m. until tomorrow at 10.30 a.m.

 

                                                                                                                        

 

 

 

                                                               MOTIONS OF WHICH NOTICE WAS GIVEN

 

For Thursday 1 April 1993

                Notices of Motion: Government Business -

 

The Minister of Environment and Land Management to move - That he have leave to introduce a Bill for an Act           to amend the National Parks and Wildlife Act 1972.

 

The Minister of Public Infrastructure to move - That he have leave to introduce a Bill for an Act to amend the               Electricity Trust of South Australia Act 1946.

 

The Minister of Health, Family and Community Services to move - That he have leave to introduce a Bill for an Act to reconstitute the juvenile justice system in this State; and for other purposes.

 

The Minister of Health, Family and Community Services to move - That he have leave to introduce a Bill for an Act to amend the Education Act 1972.

 

The Minister of Health, Family and Community Services to move - That he have leave to introduce a Bill for an Act to establish the Youth Court of South Australia; to define its jurisdiction and powers; and for other purposes.

 

                Notice of Motion: Committees/Regulations -

 

Mr D.S. Baker to move - That the Regulations under the Fisheries Act 1982 relating to Rock  Lobster made on               25 February and laid on the Table of this House on 2 March 1993, be disallowed.

 

                                                                                                                         

 

                Present during the day - All the Members except Hon. N.T. Peterson, Mr Becker, Hon. J.L.                                 Cashmore, Mrs Hutchison and Mr Quirke.

 

 

 

 

 

 

 

                                                                                                                                                                D.M. Ferguson

                                                                                                                                                                DEPUTY SPEAKER

 

D.A. Bridges

ACTING CLERK OF THE HOUSE OF ASSEMBLY