387

 

                                                                                                   No. 52

 

 

                     VOTES AND PROCEEDINGS

 

                            OF THE

 

                       HOUSE OF ASSEMBLY

 

 

                                                                                                                        

 

 

                                                                               THURSDAY 9 APRIL 1992

 

 

 1             Meeting of House

 

                The House met pursuant to adjournment.  The Speaker (Hon. N.T. Peterson) took the

                    Chair and read prayers.

 

 2             Legislative Review Committee - Report

                Mr McKee brought up the Eighth Report of the Legislative Review Committee, 1992.

                Report received.

 

 3             Legislative Review Committee - Minutes of Evidence

                Mr McKee brought up the Minutes of Evidence given before the Legislative Review

                    Committee on Regulations under the Boating Act relating to Hire and Drive.

                Minutes received.

 

4              Citizen Initiated Referenda - Motion re

                Order of the Day read for the adjourned debate on the motion of Mr Lewis - That a Select

                    Committee be appointed to consider the desirability or otherwise of having citizen initiated referenda and in particular to consider -

                    (a) the frequency (at what intervals) such questions should be put;

                    (b)     the form of any such questions (ie, to disallow any law, change a law, make a new law);

                    (c) how to decide if a question should be put;

                    (d)     whether attendance at the poll should be voluntary;  and

                    (e) any other matter relevant:

                   Which Mr M.J.Evans has moved to amend by leaving out all words up to and including

                    "referenda and" and inserting in lieu thereof the following words "That this House

                    resolves to refer the matter of Citizen Initiated Referenda to the Legislative Review Committee".

                Debate resumed.

 

                Amendment to amendment

                Hon. J.L. Cashmore moved to insert after the word "referenda", second occurring in the

                    amendment the words "and policy juries".

                Debate continued.

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

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

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

 

 

 

 

                                                                                                     388

 

 5             Postponement of business

                Ordered - That Order of the Day (Regulations/Committees) No.2 be an Order of the Day

                    for Thursday 30 April.

 

 6             Summary Offences Act - Regulations - Traffic Infringement Notices -

                    Obscuring Number Plates - Motion for disallowance

                Order of the Day read for the adjourned debate on the motion of Mr Gunn - That the

                    Regulations under the Summary Offences Act 1953 relating to Traffic Infringement Notices - Obscuring Number Plates, made on 13 February and laid on the Table of this House on 18 February 1992, be disallowed.

                Debate resumed.

                Ordered, on motion of Mr Holloway, that the debate be further adjourned until Thursday

                    30 April.

 

 7             Postponement of business

                Ordered - separately - That Orders of the Day (Regulations/Committees) Nos 4 and 5 be

                    Orders of the Day for Thursday 30 April.

 

 8             Economic and Finance Committee, First Report - Motion re

                Order of the Day read for the adjourned debate - That the First Report of the Economic

                    and Finance Committee relating to Public Sector Asset Management Developments 1988-91, be noted.

                Debate resumed.

                Ordered, on motion of Hon.H. Allison, by leave, that the debate be further adjourned until

                    Thursday 30 April.

 

                                                                                                                            

 

                                It being 11.30 a.m. Notices of Motion (Other Motions) were called on by the Clerk.

 

                                                                                                                            

 

 9             Ministerial Responsibility - Motion re

                Mr Oswald, pursuant to notice, moved - That this House expresses its concern at the

                    failure of Ministers to come into the House during Private Members time to respond to motions which affect their portfolios and who delegate their responses to junior back benchers who have no responsibility for the subjects raised.

                Ordered, on motion of Mr Hamilton, by leave, that the debate be adjourned until

                    Thursday 30 April.

 

                                                                                                                             

 

                                It being 12.15 p.m. Orders of the Day (Other Motions) were called on by the Clerk.

 

                                                                                                                               

 

10           Postponement of business

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

                    consideration on motion.

 

11           Coat of Arms in Supreme Court - Motion re

                Order of the Day read for the adjourned motion of Hon. D.C. Wotton - That this House

                    condemns the Attorney General for his implementation of Government policy to replace

                    the Royal Coat of Arms in the Supreme Court with the State Coat of Arms recognising

                    that the justices of the Supreme Court are the Queens justices and calls on the Premier to immediately take action to reverse this policy.

 

                                                                                                     389

 

                Debate resumed.

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

                    30 April.

 

12           Waterways Farm - Motion re

                Order of the Day read for the adjourned debate on the motion of Hon. D.C. Wotton - That

                    this House congratulates and expresses its support to the operators of Waterways Farm at

                    Keyneton for the excellent work being carried out in this area of land rehabilitation by providing land and soil rehabilitation services and in developing systems of whole farm planning which takes into account the need for environmental and economic returns.

                Debate resumed.

                Question put and passed.

 

13           Public Housing Funding - Motion re

                Order of the Day read for the adjourned debate on the motion of Mr Holloway - That this

                    House rejects Opposition proposals to abandon the construction program of the South Australian Housing Trust in favour of a private rental subsidy scheme and calls on the Federal Government to provide additional support for public housing in South Australia.

                Debate resumed.

                Mr Brindal moved to leave out all words after the word "House" and up to and including

                    the word "and".

                Debate continued.

                Ordered, on motion of Mr De Laine, that the debate be further adjourned until Thursday

                    30 April.

 

14           Postponement of business

                Ordered - separately - 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.

 

15           Country Rail Service - Motion re

                Order of the Day read for the adjourned debate on the motion of Mr Venning - That this

                    House calls on Australian National, in co-operation with the State Transport Authority, to proceed toward the re-establishment of a country rail passenger network with priority being given to services for the Iron Triangle and the South East:

                    Which Mrs Hutchison has moved to amend by leaving out all words after the word "on"

                    and inserting in lieu thereof the words "the Federal Government to re-establish the country rail passenger network to Whyalla, Mt Gambier and Broken Hill with priority being given to services to the Iron Triangle and the South East."

                Debate resumed.

 

                Alternative amendment

                Mr Holloway moved to leave out all words after the word "House" and insert in lieu

                    thereof the words: "regrets the failure of the Federal Government to re-establish the country rail passenger network to Whyalla, Mt Gambier and Broken Hill but applauds the positive consequences that will follow from the Commonwealth's decision to standardise the Adelaide to Melbourne rail-link, upgrade the Port Augusta rail workshops and construct a rail loop at Outer Harbor".

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

                    30 April.

 

16           Third Arterial Road - Motion re

                Ordered - That the adjourned debate on the motion of Mr Matthew - That this House calls

                    on the Government as a matter of priority to commence construction of phase 2 of the Third Arterial Road in order to alleviate traffic problems on Brighton and South Roads and condemns the Government for attempting to spread the road building project over an unacceptable length of time - be now resumed.

 

                                                                                                     390

 

                Debate resumed.

                Ordered, on motion of Mr S.G. Evans, by leave, that the debate be further adjourned until

                    Thursday 30 April.

 

17           Petitions Nos 278 and 279

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

 

                278 and 279  The Minister of Emergency Services (Hon. J.H.C. Klunder) and Dr Armitage,

                    from 120 residents of South Australia, requesting that the House urge the Government not to introduce gaming machines into hotels and clubs.

 

18           Paper

                The Speaker laid on the Table the Supplementary Report of the Auditor-General, 1990-91.

                Ordered to be printed (Paper No. 4B).

 

19           Questions

                Questions without notice were asked.

 

20           Paper

                The following Paper was laid on the Table:

 

                By the Minister of Recreation and Sport (Hon. M.K. Mayes) -

                    Review of Financial Procedures/Audit of South Australian Sports Institute -

                    December 1991.

 

21           Grievance debate

                The Speaker proposed - That the House note grievances.

                Debate ensued.

                Question put and passed.

 

22           State Government Insurance Commission Bill

                Order of the Day read for the Report of the Select Committee on the State Government

                    Insurance Commission Bill to be brought up.

                Ordered - That the time for bringing up the Report be extended until Tuesday 14 April.

 

23           Select Committee on the Juvenile Justice System

                Order of the Day read for the Report of the Select Committee on the Juvenile Justice

                    System to be brought up.

                Ordered - That the time for bringing up the Report be extended until Thursday 30 April.

 

24           Real Property (Transfer of Allotments) Amendment Bill

                Order of the Day read for the adjourned debate on the question - That the Real Property

                    (Transfer of Allotments) Amendment 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.

                Hon. D.C. Wotton moved on page 1, after line 17, to insert new paragraph as follows:

                (aa)        by inserting after the definition of "amalgamation" in subsection (1) the following definition:

                               "amalgamation unit" means an amalgamation unit created pursuant to Division IVA upon the amalgamation of allotments:

 

                                                                                                     391

 

                Question put and negatived.

                                              Clause agreed to.

                                              Clauses Nos 4 and 5 agreed to.

                                              Clause No. 6 read.

                Hon. D.C. Wotton moved on page 4, lines 13 to 15, to leave out subsection (2).

                Question put and negatived.

                Hon. D.C. Wotton moved on page 4, after line 15 to insert new section as follows:

                223IIh.Exemption from fees and stamp duty (1) No fee is payable in respect of -

                (a)     the issue by the Registrar-General of a certificate in respect of the right to allocate an amalgamation unit (except a certificate to replace one that has been lost, mislaid or destroyed);

                (b)     the registration of a memorandum of transfer of a right of allocation;

                (c)     the registration of a person as a holder of a right of allocation where the right has passed by testamentary disposition or by operation of law;

                (d)     the registration of a memorandum of charge of a right of allocation;

                (e)     the registration of a full or partial discharge of a charge of a right of allocation;

                (f)      the registration of a memorandum of allocation of an amalgamation unit.

                (2)  Where amalgamation units have been allocated to a division, no stamp duty is payable in respect of the first transfer by the person who applied for the division of an allotment created by the division but this exemption does not extend to a subsequent transfer of the allotment.

                (3)  Stamp duty is not payable in respect of the transfer or charging of the right of allocation of an amalgamation unit.

 

                Amendment to amendment

                The Minister of Lands moved to amend the amendment by leaving out sub-paragraphs (a) to (e) and subsection (2).

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

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

                                                   Clause, as amended, agreed to.

                                                   Clause No. 7 agreed to.

                                                   Title agreed to.

 

                                                                                                                       

 

 

                The House having resumed:

                Mr M.J. Evans reported that the Committee had considered the Bill referred

                    to it and had agreed to the same with an amendment.

                The Minister of Lands moved - That this Bill be now read a third time.

                Debate ensued.

                Question put and passed.

               

                Bill read a third time and passed.

 

25           Suspension and resumption of sitting

                The Minister for Environment and Planning (Hon. S.M. Lenehan) moved - That the sitting

                    of the House be suspended until 7.30 p.m.

                Question put.


                                                                                                     392

 

                House divided (No. 1):

                      Ayes, 20.

            Hon. L.M.F. Arnold

            Mr Atkinson

            Hon. J.C. Bannon

            Hon. G.J. Crafter

            Mr De Laine

            Mr M.J. Evans

            Mr Ferguson

            Mr Groom

            Mr Hamilton

            Hon. T.H. Hemmings

            Mr Heron

            Mr Holloway

            Hon. D.J. Hopgood

            Mrs Hutchison

            Hon. J.H.C. Klunder

            Mr McKee

            Hon. M.K. Mayes

            Mr Quirke

            Hon. M.D. Rann

            Hon. S.M. Lenehan (Teller)

        Noes, 17.

Hon. H. Allison

Hon. P.B. Arnold

Mr D.S. Baker

Mr S.J. Baker

Mr Becker

Mr Blacker

Mr Brindal

Hon. J.L. Cashmore

Mr S.G. Evans

Mr Ingerson

Mr Lewis

Mr Matthew

Mr Oswald

Mr Such

Mr Venning

Hon. D.C. Wotton

Hon. B.C. Eastick (Teller)

                So it was resolved in the affirmative.

                At 6.01 p.m. the sitting of the House was suspended.

                At 7.30 p.m. the Speaker resumed the Chair.

 

26           Messages from the Legislative Council

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

 

                Local Government (Reform) Amendment Bill                                                               Message No. 97

                MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled

                    an Act to amend the Local Government Act 1934, and to make related amendments to the Building Act 1971, the Land Agents, Brokers and Valuers Act 1973, the Planning Act 1982, the Real Property Act 1886, the Strata Titles Act 1988 and the Subordinate Legislation Act 1978, to which it desires the concurrence of the House of Assembly.

                Legislative Council, 9 April 1992                                                                       G.L. Bruce, PRESIDENT

               

                Bill read a first time.

                The Minister for Environment and Planning (Hon.S.M. Lenehan) moved - That this Bill

                    be now read a second time.

                Ordered, on motion of Hon.B.C. Eastick, that the debate be adjourned until Tuesday

                    next.

 

                Statutes Amendment (Attorney-General's Portfolio)                                  Message No. 98

                MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled

                    an Act to amend the Criminal Law Consolidation Act 1935, the Evidence Act 1929, the Real Property Act 1886, the Strata Titles Act 1988 and the Summary Procedure Act 1921, to which it desires the concurrence of the House of Assembly.

                Legislative Council, 9 April 1992                                                                       G.L. Bruce, PRESIDENT

               

                Bill read a first time.

                Ordered - That the second reading be taken into consideration on motion.

 

 

                                                                                                     393

 

                Crown Proceedings Bill                                                                                    Message No. 99

                MR SPEAKER - The Legislative Council has agreed to the amendments made by the

                    House of Assembly in the Crown Proceedings Bill 1991, without any amendment.

                Legislative Council, 9 April 1992                                                                       G.L. Bruce, PRESIDENT

 

                Industrial Relations (Declared Organizations) Amendment Bill              Message No. 100

                MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled

                    an Act to amend the Industrial Relations Act (S.A.) 1972, without any amendment.

                Legislative Council, 9 April 1992                                                                       G.L. Bruce, PRESIDENT

               

27           Wilderness Protection Bill

                Order of the Day read for the adjourned debate on the question - That the Wilderness

                    Protection Bill be now read a second time.

                Debate resumed.

                Question put and passed.

 

                Bill read a second time.

 

                                                                                            In Committee

                                                             Clause No. 1 agreed to.

                                                             Clause No.2 read.

 

                    To report progress and ask leave to sit again.

 

                                                                                                                         

 

 

                The House having resumed:

                Mr M.J. Evans 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 Tuesday next.

 

28           Adjournment

                House adjourned at 10.59 p.m. until Tuesday next at 2.00 p.m.

 

                                                                                                                          

 

                Present during the day - All the Members except Hon.F.T. Blevins, Hon.R.J. Gregory and

                    Hon.J.P.Trainer.

 

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

 

                Division No.1 -          

                    Ayes - Hon.F.T. Blevins, Hon.R.J. Gregory, Hon.J.P. Trainer.

                    Noes - Dr Armitage, Messrs Gunn and Meier.

 

 

 

 

               

                                                                                                                                                                N.T.Peterson

                                                        SPEAKER

 

G.D.Mitchell

CLERK OF THE HOUSE OF ASSEMBLY