No. 52

 

                     VOTES AND PROCEEDINGS

 

                            OF THE

 

                       HOUSE OF ASSEMBLY

 

 

                                                                                                                        

 

 

                                                                               THURSDAY 1 APRIL 1993

 

 1             Meeting of House

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

 

 2             Postponement of business

                Ordered - That Notices of Motion (Government Business) Nos 1 to 5 be postponed and taken into consideration on motion.

 

 3             Postponement of business

                Ordered - That Order of the Day (Government Business) No. 1 be postponed and taken                      into consideration on motion.

 

 4             Economic Development Bill

                Order of the Day read for consideration of the alternative amendments of the Legislative Council in the Economic Development Bill

 

                                                                                            In Committee

                Resolved - That the alternative amendments be agreed to.

 

                                                                                                                      

 

                The House having resumed:

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

 

 5             Mutual Recognition (South Australia) Bill

                Order of the Day read for the adjourned debate on the question - That the Mutual Recognition (South Australia) Bill be now read a second time.

                Debate resumed.

                Question put and passed.

 

                Bill read a second time.

 

                                                                                            In Committee

                                                             Clauses Nos 1 and 2 agreed to.

                                                             Clause No. 3 read.

                Mr S.J. Baker moved on page 1, to leave out lines 20 to 29.

                Question put.


 

 

                Committee divided (No. 1):

               Ayes, 19.                                                    Noes, 20.

            Hon. H. Allison

            Dr Armitage

            Hon. P.B. Arnold

            Mr D.S. Baker

            Mr Blacker

            Hon. B.C. Eastick

            Mr S.G. Evans

            Mr Gunn

            Mr Ingerson

            Mrs Kotz

            Mr Lewis

            Mr Matthew

            Mr Meier

            Mr Olsen

            Mr Oswald

            Mr Such

            Mr Venning

            Hon. D.C. Wotton

            Mr S.J. Baker (Teller)

 

Mr Atkinson

Hon. J.C. Bannon

Hon. G.J. Crafter

Hon. M.J. Evans

Mr Ferguson

Hon. R.J. Gregory

Hon. T.R. Groom

Mr Hamilton

Hon. T.H. Hemmings

Mr Heron

Mr Holloway

Hon. D.J. Hopgood

Mrs Hutchison

Hon. J.H.C. Klunder

Hon. S.M. Lenehan

Mr McKee

Hon. M.K. Mayes

Hon. M.D. Rann

Hon. J.P. Trainer

Hon. L.M.F. Arnold (Teller)

                So it was passed in the negative.

                                                             Clause agreed to.

                                                             Clause No. 4 read.

                Mr S.J. Baker moved on page 2, lines 4 to 17, to leave out these lines and insert in lieu                         thereof new clause as follows:

                4.Application of Commonwealth Act The Commonwealth Act applies as a law of the State                                 subject to the amendments set out in the schedule.

                Question put and negatived.

                                                             Clauses Nos 5 to 7 agreed to.

                Mr S.J. Baker moved on page 3, after line 3, to insert new clause as follows:

                7a. Expiry of Act This Act expires on the fifth anniversary of the day on which it                  commenced.

                Question put and negatived.

                Mr S.J. Baker moved on page 3 to insert a schedule as follows:

 

                                                                                              SCHEDULE

 

                The Commonwealth Act applies subject to the following amendments -

                (a)     strike out section 3 and substitute new section as follows:

                          3. Principal purpose The principal purpose of this Act is to promote the goal of freedom of movement of goods and service providers in a notional market in Australia;

                (b)     strike out the definition of "deemed registration" in section 4(1);

                (c)     strike out the definition of "substantive registration" in section 4(1);

                (d)     strike out the definition of "Tribunal" in section 4(1) and substitute new definition as follows:

                          "the Tribunal" means a court or tribunal authorised by regulation to exercise                                               jurisdiction under the relevant provision;;

                (e)     insert "of the Commonwealth" after "Acts Interpretation Act 1901" in section 4(2);

 

 

 

                (f)      insert ", or such longer period as the regulations of the State may provide" after "aggregate period of 12 months" in section 15(3);

                (g)     strike out "after notifying" in section 17(1) and substitute "on due application to";

                (h)     strike out paragraph (b) of section 17(1), and the word "and" immediately preceding that paragraph;

                (i) strike out paragraph (b) of section 17(2), and the word "and" immediately preceding that paragraph;

                (j) strike out paragraph (b) of section 20(4), and the word "and" immediately preceding that paragraph;

                (k)     strike out Division 3 of Part 3;

                (l) insert "and the qualifications and experience relating to fitness to carry on the occupation are substantively the same " at the end of section 29(1);

                (m)    insert ", or the qualifications and experience relating to fitness to carry on the occupation are not substantively the same" at the end of paragraph (a) of section 31 (2);

                (n)     strike out section 34 and substitute new section as follows:

                          34. Review of decisions Subject to the regulations, application may be made to the Tribunal for review of a decision of a local registration authority in relation to its function under this Act;

                (o)     strike out "substantively" from section 37(1);

                (p)     strike out paragraph (b) of section 37(2);

                (q)     strike out :substantive or deemed" from section 40(3);

                (r)      insert the following paragraph after paragraph (b) of section 43:

                          (c)      a State declared be regulation to be a participating State,;

                (s)     strike out section 47 and substitute new section as follows:

                          47. Regulations (1) The Governor may make regulations amending the Schedules.

                          (2)      The Governor may make such other regulations as are necessary or expedient for the purposes of this Act,;

                (t)      strike out item of schedule 2 and substitute new item as follows:

                          1.  A law of a state relating to quarantine.

                Question put and negatived.

                                                             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 without amendment.

                The Premier moved - That the Bill be read a third time.

                Question put.


                House divided (No. 2):

                  Ayes, 20.                                       Noes, 20.

            Mr Atkinson

            Hon. J.C. Bannon

            Hon. G.J. Crafter

            Mr De Laine

            Hon. M.J. Evans

            Hon. R.J. Gregory

            Hon. T.R. Groom

            Mr Hamilton

            Hon. T.H. Hemmings

            Mr Heron

            Mr Holloway

            Hon. D.J. Hopgood

            Mrs Hutchison

            Hon. J.H.C. Klunder

            Hon. S.M. Lenehan

            Mr McKee

            Hon. M.K. Mayes

            Hon. M.D. Rann

            Hon. J.P. Trainer

            Hon. L.M.F. Arnold (Teller)

Hon. H. Allison

Dr Armitage

Hon. P.B. Arnold

Mr D.S. Baker

Mr Blacker

Mr Brindal

Hon. B.C. Eastick

Mr S.G. Evans

Mr Gunn

Mr Ingerson

Mrs Kotz

Mr Lewis

Mr Matthew

Mr Meier

Mr Olsen

Mr Oswald

Mr Such

Mr Venning

Hon. D.C. Wotton

Mr S.J. Baker (Teller)

 

                Casting Vote

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

                So it was resolved in the affirmative.

 

                Bill read a third time and passed.                                                      

 

 6             Racing (Miscellaneous) Amendment Bill

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

                Debate resumed.

                Ordered, on motion of Mr Oswald, by leave, that the debate be further adjourned and                          resumed on motion.

 

 7             Message from the Governor

                The following Message from the Governor was received and read:

 

                National Parks and Wildlife (Miscellaneous) Bill - Recommending        Message No. 24

                The Governor recommends to the House of Assembly the appropriation of such amounts of money as may be required for the purposes mentioned in the National Parks and Wildlife (Miscellaneous) Bill 1993.

                Government House, Adelaide, 1 April 1993                                                     R.F. Mitchell, GOVERNOR

 

 8             Petitions Nos 154 and 155

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

 

                154    Mr Lewis from 2 004 residents of South Australia, requesting that the House urge the Government to make the driving of stolen vehicles at high speed and ram-raiding serious offences incurring a mandatory prison sentence regardless of the age of the offender.

 

 

                155    Mr Matthew from 66 residents of South Australia, requesting that the House urge the Government to install traffic lights at the intersection of Brighton and Scholefield Roads.

 

 9             Answer to a question

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

 

10           Questions

                Questions without notice were asked.

 

11           Deputy Speaker's Ruling - Question Out of Order - Motion for disagreement

                The Deputy Speaker ruled that a question to the Member for Ross Smith (Hon. J.C.                              Bannon) was out of order.

                Hon. D.C. Brown moved - That the ruling of the Deputy Speaker be disagreed with.

                Debate ensued.

                Question put.

                House divided (No. 3):

               Ayes, 22.                                          Noes, 22.

            Hon. H. Allison

            Dr Armitage

            Hon. P.B. Arnold

            Mr D.S. Baker

            Mr S.J. Baker

            Mr Becker

            Mr Blacker

            Mr Brindal

            Hon. B.C. Eastick

            Mr S.G. Evans

            Mr Gunn

            Mr Ingerson

            Mrs Kotz

            Mr Lewis

            Mr Matthew

            Mr Meier

            Mr Olsen

            Mr Oswald

            Mr Such

            Mr Venning

            Hon. D.C. Wotton

            Hon. D.C. Brown (Teller)

 

Hon. L.M.F. Arnold

Mr Atkinson

Hon. J.C. Bannon

Hon. G.J. Crafter

Mr De Laine

Hon. M.J. Evans

Hon. R.J. Gregory

Hon. T.R. Groom

Mr Hamilton

Hon. T.H. Hemmings

Mr Heron

Mr Holloway

Hon. D.J. Hopgood

Mrs Hutchison

Hon. J.H.C. Klunder

Hon. S.M. Lenehan

Mr McKee

Hon. M.K. Mayes

Mr Quirke

Hon. M.D. Rann

Hon. J.P. Trainer

Hon. F.T. Blevins (Teller)

                Casting Vote

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

                So it passed in the negative.

 

12           Grievance debate

                The Deputy Speaker proposed - That the House note grievances.

                Debate ensued.

                Question put and passed.

 


 

13           Next day of sitting

                The Minister of Health, Family and Community Services (Hon. M.J. Evans) moved - That                   the House, at its rising, adjourn until Tuesday 20 April at 2.00 p.m.

                Question put and passed.

 

14           Resumption of Government Business

                Ordered - That Notices of Motion (Government Business) Nos 1 to 5 be now resumed.

 

15           National Parks and Wildlife (Miscellaneous) Amendment 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 amend the National Parks and Wildlife Act 1972.

                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 Hon. D.C. Wotton, that the debate be adjourned until Tuesday 20                    April.

 

16           Electricity Trust of South Australia (Superannuation) Amendment Bill

                The Minister of Public Infrastructure (Hon. J.H.C. Klunder), pursuant to notice, moved -

                    That he have leave to introduce a Bill for an Act to amend the Electricity Trust of South Australia Act 1946.

                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.J. Baker, that the debate be adjourned until Tuesday 20 April.

 

17           Young Offenders Bill

                The Minister of Health, Family and Community Services (Hon. M.J. Evans), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to reconstitute the juvenile justice system in this State; 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 Hon. D.C. Wotton, that the debate be adjourned until Tuesday 20                    April.

 

18           Education (Truancy) Amendment Bill

                The Minister of Health, Family and Community Services, pursuant to notice, moved -

                    That he have leave to introduce a Bill for an Act to amend the Education Act 1972.

                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 Hon. D.C. Wotton, that the debate be adjourned until Tuesday 20                    April.

 

19           Youth Court Bill

                The Minister of Health, Family and Community Services, pursuant to notice, moved -

                    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.

                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 Hon. D.C. Wotton, that the debate be adjourned until Tuesday 20                    April.

 

20           Racing (Miscellaneous) Amendment Bill

                Ordered - That the adjourned debate on the question - That the Racing (Miscellaneous)                     Amendment Bill be now read a second time - be now resumed.

                Debate resumed.

                Ordered, on motion of Mr Ingerson, by leave, that the debate be further adjourned and                       resumed on motion.

 

21           Message from the Legislative Council

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

               

                Statutes Amendment (Fisheries) Bill                                                                             Message No. 108

                MR SPEAKER - The Legislative Council insists on its amendments in the Statutes Amendment (Fisheries) Bill to which the House of Assembly has disagreed.  The Bill is returned herewith.

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

                Ordered - That the Message be taken into consideration forthwith.

 

                                                                                            In Committee

                Resolved - That the disagreement to the Legislative Council's amendments be insisted on.

 

                                                                                                                       

 

                The House having resumed:

                Hon. T.H. Hemmings reported that the Committee had considered the Message referred to it and had resolved to insist on its disagreement to the Legislative Council's amendments.

 

                Conference

                The Minister of Primary Industries (Hon. T.R. Groom) moved - That a Message be sent to the Legislative Council requesting that a Conference be granted to this House respecting certain amendments of the Legislative Council in the Statutes Amendment (Fisheries) Bill and that the Legislative Council be informed that, in the event of such a Conference being agreed to, this House will be represented at such Conference by five Managers; and that Mr D.S. Baker, Mrs Hutchison, Messrs Meier and Quirke and the mover be Managers of the Conference on the part of this House.

                Question put and passed.

 

22           Racing (Miscellaneous) Amendment Bill

                Ordered - That the adjourned debate on the question - That the Racing (Miscellaneous) Amendment Bill be now read a second time - be now resumed.

                Debate resumed.

                Question put and passed.

 

                Bill read a second time.

 

                Instruction to Committee

                Mr Oswald, pursuant to notice, moved - That it be an instruction to the Committee of the whole that it have power to consider a new clause relating to suspension and cancellation of licences.

                Question put and passed.

 

 

 

                                                                                            In Committee

                                                             Clauses Nos 1 to 13 agreed to.

                Mr Oswald moved on page 4, after line 17, to insert new clause as follows:

                13a. Amendment of s. 104 - Suspension and cancellation of licences Section 104 of the principal Act is amended by inserting after subsection (1) the following subsection:

                (1a)   If, in the opinion of the Board, the holder of a licence under this Part has intentionally issued a betting ticket or made a record pursuant to this Act that falsely states the terms of a bet on two or more separate occasions, the Board must cancel the licence.

                Question put and negatived.

                                                        Clauses Nos 14 to 23 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 without amendment.

 

                Bill read a third time and passed.

 

23           Public Corporations Bill

                Order of the Day read for the second reading of the Public Corporations Bill.

                The Minister of Housing, Urban Development and Local Government Relations (Hon. G.J. Crafter) moved - That this Bill be now read a second time.

                Ordered, on motion of Mr S.J. Baker, that the debate be adjourned until Tuesday 20 April.

 

24           Suspension and resumption of sitting

                At 5.15 p.m. the sitting of the House was suspended.

                At 5.35 p.m. the Deputy Speaker resumed the Chair.

 

25           Messages from the Legislative Council

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

 

                South Australian Tourism Commission Bill                                                                Message No. 109

                MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to promote tourism and the tourism industry in the State; to establish the South Australian Tourism Commission; 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, 1 April 1993                                                                       G.L. Bruce, PRESIDENT

 

                                                 Schedule of the amendments made by the Legislative Council

                No. 1     Page 4, line 12 (clause 9) - After "marketing" insert ", environmental management".

                No. 2     Page 6 (clause 14) - After line 3 insert new subclause as follows:

                               "(1a)  A director will not be taken to have a direct or indirect interest in a matter for the purposes of this section by reason only of the fact that the director has an interest in the matter that is shared in common with the public or the tourism industry generally or a substantial section of the public or the tourism industry."

                                                             J.M. Davis, CLERK OF THE LEGISLATIVE COUNCIL

                Ordered - That consideration of the amendments be an Order of the Day for Tuesday 20                     April.

 


 

                Statutes Amendment (Fisheries) Bill                                                                             Message No. 110

                MR SPEAKER - The Legislative Council has, in reply to Message No. 127 from the House of Assembly, agreed to grant a Conference on the Statutes Amendment (Fisheries) Bill, as requested by the House of Assembly.  The Legislative Council has named the hour of 2 p.m. on Wednesday 7 April to receive the Managers on behalf of the House of Assembly, at the Conference Room of the Legislative Council.

                Legislative Council, 1 April 1993                                                                       G.L. Bruce, PRESIDENT

                Ordered - That a Message be sent to the Legislative Council agreeing to the time and place                               appointed by the Council.

 

26           Adjournment

                House adjourned at 5.39 p.m. until Tuesday 20 April at 2.00 p.m.        

 

                                                                                                                        

 

 

                                                               MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

For Tuesday 20 April 1993

                Notices of Motion: Government Business -

 

The Minister of Labour Relations and Occupational Health and Safety to move - That he have leave to introduce a Bill for an Act to amend the Occupational Health, Safety and Welfare Act 1986; to repeal the Boilers and Pressure Vessels Act 1968 and the Lifts and Cranes Act 1985; and for other purposes.

 

The Minister of Health, Family and Community Services to move - That Standing Order 339 be so far suspended as to enable the Select Committee on Health Administration to authorise the disclosure or publication, as it thinks fit, of any evidence presented to the Committee prior to such evidence being reported to the House.                  

                   

 

For Wednesday 21 April 1993

                Notice of Motion: Other Motions -

 

Hon. J.P. Trainer to move - That this House acknowledges the inevitability of Australia joining the overwhelming majority of former members of the British Empire who are republics within the Commonwealth of Nations and welcomes the public debate on this matter being commenced at the earliest possible date to determine the form the Republic of Australia should take, to consider all the constitutional ramifications (including the future of the State Governors) and to consider all the consequences that will follow for the symbols and expressions of authority, statehood and nationhood.

 

                                                                                                                         

 

                Present during the day - All the Members except Hon. N.T. Peterson and Hon. J.L. Cashmore.

 

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

 

                Division No. 1 -         

                    Ayes - Messrs Becker and Brindal.

                    Noes - Hon. F.T. Blevins and Mr Quirke.

 

 

 

 

                Division No. 2 -

                    Ayes - Hon. F.T. Blevins and Mr Quirke.

                    Noes - Mr Becker and Hon. D.C. Brown.

 

 

 

 

 

 

 

                                                                                                                                                                D.M. Ferguson                                                                              

                                                                                                                                                                DEPUTY SPEAKER

 

D.A. Bridges

ACTING CLERK OF THE HOUSE OF ASSEMBLY