No 51

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

THURSDAY 5 DECEMBER 2002

 

 

1       Meeting of House

         The House met pursuant to adjournment. The Speaker (Hon Peter Lewis) took the Chair and read prayers.

 

2       Postponement of business

Ordered - That Notice of Motion: Other Motions No 1 be postponed until Thursday 20 February 2003.

 

3       International Horse Trials - Motion re

Mr Hamilton-Smith, pursuant to notice, moved – That this House

(a)        congratulates and commends the South Australian Tourism Commission, Australian Major Events and all others involved in organising the 2002 Mitsubishi Adelaide International Horse Trials;

(b)        thank all volunteers, the South Australian Police and Ambulance Services and other emergency services personnel involved; and

(c)   calls on the Government to continue funding and other support in future years.

         Debate ensued.

         Ordered, on motion of Mr Snelling, that the debate be adjourned until Thursday 20 February 2003.

 

4       Rhino Enclosure – Monarto Zoo - Motion re

Ms Chapman, pursuant to notice, moved - That this House congratulates the Royal Zoological Society of South Australia on the opening of the Caddick Rhino Boma at Monarto Zoological Park on 22 November.

         Debate ensued.

         Question put and passed.

 

5       Scientists’ Achievements - Motion re

Ms Bedford, pursuant to notice, moved - That this House recognises the enormous achievement of South Australian scientists and their contribution to the State’s economy and wealth through intellectual endeavours that promote industry and employment.

         Debate ensued.

         Ordered, on motion of Ms Ciccarello, that the debate be adjourned until Thursday 20 February 2003.

 

6       Adelaide Rose Festival 2002 - Motion re

Order of the Day read for the adjourned debate on the motion of Mr Hamilton-Smith – That this House commends the South Australian Tourism Commission for the outstanding success of the recent 2002 Adelaide Rose Festival and congratulates the organisers, competitors, volunteers and other participants, including the South Australian Police and Ambulance Services and other agencies, and calls on the Government to continue funding support for the Adelaide Rose Festival in future years to build on this success.

         Debate resumed.

Mr Caica moved to amend the motion by leaving out the words “continue funding support for the Adelaide Rose Festival in future years to build on this success” and inserting: “do an economic benefit analysis of future funding for the Adelaide Rose Festival”.

Debate resumed.

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

         Question – That the motion, as amendment be agreed to - put and passed.

 

7       Postponement of business

Ordered - That Order of the Day: Other Motions No 2 be postponed until Thursday 20 February 2003.

 

8      Classic Adelaide Rally - Motion re

        Order of the Day read for the adjourned motion of Mr Hamilton-Smith – That this House –

(a)  commends Silverstone Events Pty Ltd and the South Australian Tourism Commission for the outstanding success achieved in the conduct of the 2002 Classic Adelaide Rally;

(b)  congratulates all volunteers, South Australian Police officers, State Emergency Services personnel, South Australian Ambulance Service personnel and St Johns volunteers, competitors, sponsors, local councils and other community groups who contributed to the success of the event; and

(c)  calls on the Government to continue funding support for the Classic Adelaide Rally in the years ahead

         Debate ensued.

Mr O’Brien moved to amend the motion by leaving out paragraph (c) and inserting:

“(c) notes that the Government will support this event until and including 2004”.

         Ms Rankine moved - That the debate be further adjourned.

 

         Question put.

         House Divided (No 1):

 

         Division, only one Aye

The House proceeded to a division, but only one Member appearing on the side of the Ayes, the Speaker declared the Noes had it.

So it was passed in the negative.

         Debate resumed.

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

         Question – That the motion, as amendment be agreed to - put and passed.

 

9       Postponement of business

Ordered - That Orders of the Day: Other Motions Nos 4 to 8 be postponed until Thursday 20 February 2003.

 

10      Discharge of Business – Anangu Pitjantjatjara Council

Order of the Day: Other Motions No 9 read.

Ordered – That this Order of the Day be discharged.

 

11      Postponement of business

Ordered - That Orders of the Day: Other Motions Nos 10 to 15 be postponed until Thursday 20 February 2003.

 

12      Petitions Nos 68 to 71

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

 

68   Ms Bedford, from 159 residents of South Australia, requesting the House to note that any move to prevent the tail docking, would likely lead to increased injury to dogs of breeds that have traditionally been docked.


 

69   Hon R B Such, from 272 electors of South Australia, requesting the House to review the Tintinara/Coonalpyn Allocation Plan for the Tauragat Management Area; to substantially reduce draw-downs of underground water to fifty percent of the stated levels; to educate irrigators to reduce pumping when above drawdown levels are reached and to revert to original development time-frames.

 

70   Mr Koutsantonis, from 20 residents of South Australia, requesting that the House reject voluntary euthanasia legislation, ensure medical staff in hospitals receive proper palliative care training and provide adequate funding for the palliative care of terminally ill patients.

 

71   Minister for Education and Children’s Services (Hon P L White), from 272 residents of South Australia, requesting the House to defeat any Bill which seeks to remove the rights of the citizens of this State to continue tail docking of dogs or refer any such Bill to a Committee to allow for appropriate consultation.

 

13      Answers to questions

Answers to questions on the Notice Paper No 106 and questions without notice were tabled by the Speaker.

 

14      Papers

         The following Papers were tabled:

 

By the Minister for Energy (Hon P F Conlon) –

      Electricity Supply Industry Planning Council (ESIPC) – Report 2001-2002

 

By the Attorney-General (Hon M J Atkinson) –

      Legal Practitioners Disciplinary Tribunal Report to the Attorney-General and Chief Justice Pursuant to Section 90A of the Legal Practitioners Act – June 2002

 

By the Minister for Transport (Hon M J Wright) –

      National Road Transport Commission – Report 2001-2002

 

By the Minister for Industrial Relations (Hon M J Wright) –

      Construction Industry Long Service Leave Board, Actuarial Investigation of the State and Sufficiency of the Construction Industry Fund – Report 2001-2002

      Construction Industry Long Service Leave Board – Report 2001-2002

            Ordered to be published (Paper No 129)

      Mining and Quarrying Occupational Health and Safety Committee – Report 2001-2002

      Occupational Health, Safety and Welfare Advisory Committee – Report 2001-2002

      WorkCover Corporation – Report 2001-2002

            Ordered to be published (Paper No 165)

               WorkCover Corporation Statistical Review – Report 2001-2002.

 

15      Questions

Questions without notice were asked.

 

16      Grievance debate

On motion of the Speaker, the House noted grievances.

 

17      Select Committee on the Cemetery Provisions of the Local Government Act

Hon R B Such, by leave, moved –That the Select Committee on the Cemetery Provisions of the Local Government Act have leave to sit during the sitting of the House during the rest of the session.

Question put and passed.

 

18      Environment, Resources and Development Committee – Substitution of Member

Hon R B Such, by leave, moved –That Mr Koutsantonis be appointed to the Environment, Resources and Development Committee in place of the Hon R J McEwen.

Question put and passed.

 

19      Electricity (Pricing Order) Amendment Bill

The Minister for Energy, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Electricity Act 1996.

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 Ms Chapman, that the debate be adjourned until Monday 17 February 2003.

 

20      Superannuation Funds Management Corporation of South Australia (Miscellaneous) Amendment Bill

The Deputy Premier (Hon K O Foley), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Superannuation Funds Management Corporation of South Australia Act 1995.

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 Ms Chapman, that the debate be adjourned until Monday 17 February 2003.

 

21      River Murray Bill

         Order of the Day read for the second reading of this Bill.

         The Minister for Environment and Conservation (Hon J D Hill), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to provide for the protection and enhancement of the Murray River  and related areas and ecosystems; to amend the Animal and Plant Control (Agricultural Protection and Other Purposes) Act 1986, the Aquaculture Act 2001, the Coast Protection Act 1972, the Crown Lands Act 1929, the Development Act 1993, the Environment Protection Act 1993, the Fisheries Act 1982, the Harbors and Navigation Act 1993, the Heritage Act 1993, the Historic Shipwrecks Act 1981, the Irrigation Act 1994, the Mining Act 1971, the Murray-Darling Basin Act 1993, the National Parks and Wildlife Act 1972, the Native Vegetation Act 1991, the Opal Mining Act 1995, the Petroleum Act 2000, the Soil Conservation and Land Care Act 1989, the South Eastern Water Conservation and Drainage Act 1992 and the Water Resources Act 1997; 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 Brindal, that the debate be adjourned until Monday 17 February 2003.

 

22      Messages from the Legislative Council

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

 

         Terrorism (Commonwealth Powers) Bill                                                 Message No 67

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to refer certain matters relating to terrorist acts to the Parliament of the Commonwealth for the purposes of section 51 (xxxvii) of the Constitution of the Commonwealth, with the amendment indicated by the annexed Schedule, to which amendment the Legislative Council desires the concurrence of the House of Assembly.

         Legislative Council, 4 December 2002                                             R R Roberts, PRESIDENT

 

Schedule of the amendment made by the Legislative Council

 

Page 4, lines 27 to 34 and page 5, lines 1 to 12 (clause 4) – leave out subclauses (6), (7) and (8).

         J M Davis CLERK OF THE LEGISLATIVE COUNCIL

 

         Ordered - That the amendment be taken into consideration on motion.

 

         Environment, Resources and Development Committee                          Message No 68

MR SPEAKER - The Legislative Council informs the House of Assembly that it has appointed the Hon S M Kanck to the Environment, Resources and Development Committee in place of the Hon M J Elliott, resigned.

         Legislative Council, 4 December 2002                                             R R Roberts, PRESIDENT

 

         Occupational Safety, Rehabilitation and Compensation Committee      Message No 69

MR SPEAKER - The Legislative Council informs the House of Assembly that it has appointed the Hon I Gilfillan to the Occupational Safety, Rehabilitation and Compensation Committee in place of the Hon M J Elliott, resigned.

         Legislative Council, 4 December 2002                                             R R Roberts, PRESIDENT

 

         Statutory Officers Committee                                                                  Message No 70

MR SPEAKER - The Legislative Council informs the House of Assembly that it has appointed the Hon I Gilfillan to the Statutory Officers Committee in place of the Hon M J Elliott, resigned.

         Legislative Council, 4 December 2002                                             R R Roberts, PRESIDENT

 

23      Postponement of business

Ordered - That Orders of the Day: Government Business Nos 1 to 4 be postponed and taken into consideration after Order of the Day: Government Business No 5.

 

24      West Beach Trust Reserve Lease - Motion re

Order of the Day read for the adjourned debate on the motion of the Minister for Urban Development and Planning – That this House, pursuant to section 13(7) of the West Beach Recreation Reserve Act 1987, grants its approval to the West Beach Trust granting a lease or licence for a term of up to 50 years over each of the areas within the Reserve within the meaning of the Act identified as “BB”, ”Y” and “Z”, respectively, in the plan described in the General Registry Office numbered GP 496/1999.

Debate resumed.

         Question put and passed.

 

25      Postponement of business

Ordered - That Orders of the Day: Government Business Nos 6 to 9 be postponed and taken into consideration after Order of the Day: Government Business No 10.

 

26      Upper South East Dryland Salinity and Flood Management Bill

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

Debate resumed.

 

27      Extension of time for adjournment

Ordered, on motion of the Minister for Environment and Conservation - That the time for moving the adjournment of the House be extended beyond 5.00 pm.

 

28      Upper South East Dryland Salinity and Flood Management Bill

Debate (interrupted by the foregoing) resumed.

 

29      Extension of sitting

Ordered, on motion of the Minister for Government Enterprises - That the sitting of the House be extended beyond 6.00 pm.

 

30      Upper South East Dryland Salinity and Flood Management Bill

Debate (interrupted by the foregoing) resumed.

         Question put and passed.

         Bill read a second time.

 

         Proceeded, by leave, to the third reading.

         Bill read a third time and passed.

 

31      Speaker's Statement – Insertion of Statistical Information into Hansard

The Speaker made a statement regarding the Member for Fisher having been granted leave to insert statistical information into Hansard earlier in the day and a consequent point of order and raising of a matter of privilege. As the information was an answer to a question asked during Estimates Committee the Speaker considered it should more appropriately have been tabled by him during routine business. The Speaker deemed it to have been so tabled.

 

32      Terrorism (Commonwealth Powers) Bill

Ordered that the amendment of the Legislative Council in this Bill be now taken into consideration.

 

In Committee

 

         Resolved – That the amendment be agreed to.

 

____________

 

         The House having resumed:

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

 

33      Next day of sitting

Ordered, on motion of the Minister for Government Enterprises - That the House at its rising adjourn until Monday 17 February 2003 at 2.00 pm.

 

34      Adjournment

House adjourned at 6.30 pm until Monday 17 February 2002 at 2.00 pm.

 

____________

 

 

Present during the day - All Members except Mrs Geraghty, Mrs Penfold and Hon M D Rann.

 

 

 

 

 

                                                                                                                        Peter Lewis

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY