No. 52

 

                                                     VOTES AND PROCEEDINGS

 

                                                                      OF THE

 

                                                         HOUSE OF ASSEMBLY

 

                                                                                                                                  ____________

 

 

                                                                           WEDNESDAY 5 APRIL 1995

 

 

 1         Meeting of House

                  The House met pursuant to adjournment.  The Speaker (Hon. G.M. Gunn) took the Chair and read prayers.

 

2         Message from the Governor

                  The following Message from the Governor was received and read:

 

            Assent to Bills                                                                                                                                                                                Message No. 22

                  The Governor informs the House of Assembly that, in the name and on behalf of Her Majesty The               Queen, the following Acts have been assented to during the present Session, viz. -

                  No. 10 of 1995 - An Act to amend the Adelaide Festival Centre Trust Act 1971.

                  No. 11 of 1995 - An Act to amend the Real Property Act 1886.

                  No. 12 of 1995 - An Act to establish the Gaming Supervisory Authority and to provide for its powers and functions; and for other purposes.

                  No. 13 of 1995 - An Act to amend the Casino Act 1983, the Gaming Machines Act 1992 and the Liquor Licensing Act 1985.

                  Government House, 5 April 1995                                                                                                                 R.F. Mitchell, GOVERNOR

 

3         Petitions Nos 165 to 172

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

 

                  165   The Minister for Tourism (Hon. G. A. Ingerson), from 570 residents of South Australia, requesting that the House ensure that effective legislation is enacted to protect trees and bushland in the metropolitan area from being felled or distorted.

 

                  166   Hon. H. Allison, from 19 residents of Mount Gambier, requesting that the House urge the Government not to cut the Education and Children's Services budget.

 

                  167 and 168 Mr Kerin and Mr Meier, from 450 residents of South Australia, requesting that the House oppose any measure to legislate for euthanasia.

 

                  169 to 171 Mr Brokenshire, Mr Meier and Mr Scalzi, from 171 residents of South Australia, requesting that the House maintain the present homicide law, which excludes euthanasia, while maintaining the common law right of patients to refuse treatment.

 

                  172    Mr Venning, from 237 residents of South Australia, requesting that the House request the Minister for Housing, Urban Development and Local Government Relations to reconsider the amalgamation of the Truro and Dutton areas with the District Council of Angaston.

 


4         Answers to questions

                  Answers to questions on the Notice Paper Nos 158, 164, 167, 178, 184, 185 and 189 and questions without notice were tabled by the Speaker.

 

5         Papers

                  The following Papers were tabled:

           

                  By the Deputy Premier (Hon. S.J. Baker) -

                  Fair Trading Act - Regulations - Health and Fitness Industry - Code of Practice

 

                  By the Treasurer (Hon. S.J. Baker) -

                  Economic and Finance Committee, response to - Interim Report on the Management of the Government Motor Vehicle Fleet

 

                  By the Minister for Industrial Affairs (Hon G.A. Ingerson) -

                  Workers Rehabilitation and Compensation Act - Regulations - Claims and Registration - Fourth Schedule

 

                  By the Minister for Industry, Manufacturing, Small Business and Regional Development (Hon. J.W. Olsen) -

                  Art Gallery Act - Regulations - Opening Times

 

                  By the Minister for Health (Hon. M.H. Armitage) -

                  Physiotherapists Act - Regulations - Fees Renewal

 

                  By the Minister for Housing, Urban Development and Local Government Relations                             (Hon. J.K.G. Oswald)

                  Local Government Act - Regulations - Insurance Against Civil Liabilities

                  District Council of Coober Pedy - By-law - No. 6 - Sewerage Scheme

                  Corporation of the City of Glenelg - By-laws - 

                              No. 1 - Permits and Penalties

                              No. 3 - Vehicle Movement

                              No. 5 - Parklands

                              No. 6 - Public Conveniences

                              No. 7 - Caravans

                              No. 9 - Inflammable Undergrowth

                              No.10 - Dogs

                              No.11 - Bees

                              No.12 - Garbage Removal

                              No.13 - Tents

                              No.16 - Patawalonga Boat Haven, Recreation Reserve, Boat Ramp and Boat Ramp Carpark

                              No.18 - Jetty

                  Development Act 1993 - District Council of Tatiara Keith Industrial Estate Plan Amendment Report

 

                  By the Minister for Primary Industries (Hon D.S. Baker) -

                  Australian Barley Board - Report, 1993-94

                  Agriculture and Resource Management Council of Australia and New Zealand - Records and Resolution Third Meeting, 23 September 1994

                  Agriculture and Resource Management Council of Australia and New Zealand - Records and Resolution Fourth Meeting, 28 October 1994

 

                  By the Minister for Employment, Training and Further Education (Hon. R.B. Such) -

                  Department for Employment, Training and Further Education - Corporate  Review and Report, 1994

                  Industrial and Commercial Training Commission - Report, 1993-94

                  Public Works Committee Report, response to - Seaford 6-12 School Project.

 

6         Joint Select Committee on Women in Parliament - Interim Report

                  Mrs Greig brought up the Interim Report of the Joint Select Committee.

                  Report received (Paper No. 199).

 

7          Environment, Resources and Development Committee - Report - Environmental, Resources, Planning, Land Use, Transportation and Development Aspects of the MFP Development Corporation for 1994-95

                  Mrs Kotz brought up the Fifteenth Report of the Committee relating to the Environmental, Resources, Planning, Land Use, Transportation and Development Aspects of the MFP Development Corporation for 1994-95.

                  Report received.

                  Ordered to be printed (Paper No. 200).

 

            Legislative Review Committee - Report

                  Mr Cummins brought up the Twenty-Third  Report of the Committee.

                  Report received.

                 

8         Questions

                  Questions without notice were asked.

                  Ordered - That the period for asking questions without notice be extended by ten minutes.

                  Questions without notice resumed.

 

9         Leave of absence - Mr Leggett

                  Mr Meier, without notice, moved - That two weeks leave of absence be granted to the Member for Hanson, Mr Leggett, on account of ill health.

 

10       Conferences - Consent to Medical Treatment and Palliative Care Bill and Industrial and Employee Relations (Miscellaneous Provisions) Amendment Bills

                  The Deputy Premier moved - That the sitting of House be continued during the Conferences with the Legislative Council on these Bills.

                  Question put and passed.

 

11        Grievance debate

                  The Speaker proposed - That the House note grievances.

                  Debate ensued.

                  Question put and passed.

 

12       Postponement of business

                  Ordered - That Order of the Day: Government Business No. 1 be postponed and taken into consideration after Order of the Day: Government Business No. 7.

 

13       Public Sector Management Bill

                  Order of the Day read for the consideration of the amendments of the Legislative Council in this Bill.

 

                                                                                      In Committee

                                          Resolved - That Amendments Nos 1 to 15 be agreed to.

                                          Resolved - That Amendment No. 16 be amended and agreed to.

                                          Resolved - That Amendments Nos 17 and 18 be agreed to.

                                          Resolved - That Amendment No. 19 be amended and agreed to.

                                          Resolved - That Amendment Nos 20 to 22 be agreed to

                                          Resolved - That Amendment No. 23 be amended and agreed to.

                                          Resolved - That Amendments Nos 24 to 27 be agreed to.

                                          Resolved - That Amendment No. 28 be amended and agreed to.

                                          Resolved - That Amendment Nos 29 to 35 be agreed to.

                                          Resolved - That Amendment No. 36  be amended and agreed to.

                                          Resolved - That Amendment No. 37 be agreed to.

                                          Resolved - That Amendment No. 38 be amended and agreed to.

                                          Resolved - That Amendment No. 39 be agreed to.

                                          Resolved - That Amendment No. 40 be disagreed to.

                                          Resolved - That Amendments Nos 41 to 43 be agreed to.

                                          Resolved - That  consequential amendments be agreed to.

                                          Resolved - That Amendment No. 44 be agreed to.

                                          Resolved - That Amendment No. 45 be amended and agreed to.

                                          Resolved - That Amendment No. 46 be agreed to.

                                          Resolved - That Amendment No. 47 be amended and agreed to.

                                          Resolved - That Amendments Nos. 48 to 51 be agreed to.

                                          Resolved - That Amendment No. 52 be amended and agreed to.

                                          Resolved - That Amendments Nos 53 to 114 be agreed to.

                                          Resolved - That Amendment No. 115 be disagreed to and an alternative amendment be made in lieu thereof.

                                          Resolved - That Amendments Nos 116 to 130 be agreed to.

                                          Resolved - That consequential amendments be agreed to.

                                          Resolved - That Amendments Nos 131 to 133 be agreed to.

                                          Resolved - That consequential amendments be agreed to.

 

                  The House having resumed:

                  Hon. H. Allison reported that the Committee had considered the amendments referred to it and had agreed to Amendments Nos 1 to 15, 17 and 18, 20 to 22, 24 to 27, 29 to 35, 37, 39, 41 to 43, 44, 46, 48 to 51, 53 to 114 and 116 to 133 without amendment, had agreed to Amendments Nos 16, 19, 23, 28, 36, 38, 45, 47 and 52 with amendments and had disagreed to Amendments Nos 40 and 115 and had made an alternative amendment to Amendment No. 115, and had made consequential amendments.

 

14       Postponement of business

                  Ordered - That Order of the Day: Government Business No. 3 be postponed and taken into consideration after Order of the Day: Government Business No. 4.

 

15       Phylloxera and Grape Industry Bill

                  Order of the Day read for the consideration of the amendment of the Legislative Council in this Bill.

                 

                                                                                      In Committee

                                          Resolved - That the amendment be agreed to.

                                                                                                                                  ____________

 

                  The House having resumed:

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

 

16       Petroleum Products Regulation Bill

                  Order of the Day read for the consideration of the amendments of the Legislative Council in this Bill.

                 

                                                                                      In Committee

                                          Resolved - That Amendment No. 1 be disagreed to and an alternative amendment be made in lieu thereof.

                                          Resolved - That Amendment No. 2  be agreed to.

                 

 

                                                                                                                                  ____________

 


                  The House having resumed:

                  Hon. H. Allison reported that the Committee had considered the amendments referred to it and had disagreed  to amendment No. 1 and made an alternative amendment in lieu thereof and had agreed to Amendment No. 2 without amendment.

 

17        Mining (Special Enterprise) Amendment Bill

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

                  Debate resumed.

                  Question put and passed.

                 

                  Bill read a second time.

                 

 

                                                                                      In Committee

                                                                                                Clauses Nos 1 to 4 agreed to.

                                                                                                Clause No. 5 amended and agreed to.

                                                                                                Title agreed to.

 

                                                                                                                                  ____________

 

                  The House having resumed:

                  Hon. H. Allison 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.

 

18       Waterworks (Rating) Amendment Bill

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

                  Debate resumed.

                  Question put and passed.

 

                  Bill read a second time.              

                                                                                      In Committee

                                                                                                Clauses Nos 1 and 2 agreed to.

                                                                                                Clause No. 3 read.

                  Mr Foley moved on page 3, after line 9 to insert new subsection as follows:

                              (6) Payment of the supply charge in respect of residential land for a financial year must be credited against so much of the water consumption rate as accrues from the supply of the first 136 kilolitres of water to be supplied to that land in the consumption year that ends in that financial year.

                  Question - That the amendment be agreed to - put.


 

                  Committee divided (No. 1):

 

                                          Ayes, 8.

 

                              Mr Atkinson

                              Hon. F.T. Blevins

                              Mr Clarke

                              Mr De Laine

                              Mr Quirke

                              Hon. M.D. Rann

                              Ms White

                              Mr Foley (Teller)

                  Noes, 29.

 

Mr Andrew

Hon. M.H. Armitage

Mr Ashenden

Hon. D.S. Baker

Hon. S.J. Baker

Mr Bass

Mr Becker

Mr Brokenshire

Mr Buckby

Mr Caudell

Mr Condous

Mr Cummins

Mr Evans

Mrs Greig

Hon. G.M. Gunn

Ms Hall

Hon. G.A. Ingerson

Mr Kerin

Mrs Kotz

Mr Lewis

Hon. W.A. Matthew

Mr Meier

Hon. J.K.G. Oswald

Mr Rossi

Mr Scalzi

Hon. R.B. Such

Mr Wade

Hon. D.C. Wotton

Hon. J.W. Olsen (Teller)

 

 

 

                              So it passed in the negative.

                                                                                                Clause agreed to.

                                                                                                Clauses Nos 3 to 7 agreed to.

                                                                                                Title agreed to.

 

                                                                                                                                  ____________

 

                  The House having resumed:

                  Hon. H. Allison 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.

 

19       Statutes Amendment (Correctional Services) Bill

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

                  Debate resumed.

                  Question put and passed.

 

                  Bill read a second time.

                  By leave, House proceeded to the third reading.

 

                  Bill read a third time and passed.


20       Statutes Amendment (Female Genital Mutilation and Child Protection) Bill

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

                  Debate resumed.

                  Ordered, on motion of the Deputy Premier, that the debate be further adjourned on motion.

 

21       Postponement of business

                  Ordered - That Orders of the Day: Government Business Nos 8 to 12 be postponed and taken into consideration after Order of the Day: Government Business No. 13.

 

22       Mining (Native Title) Amendment Bill

                  Order of the Day read for the consideration of Message No. 90 from the Legislative Council.

                 

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

                                                                                                                                  ____________

 

                  The House having resumed:

                  Mr Bass 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 Deputy Premier 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 Mining (Native Title) Amendment 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 Clarke, Ms Geraghty, Mr Hall, Mr Scalzi and the mover be Managers of the Conference on the part of this House.

                  Question put and passed.

 

23       Statutes Amendment (Female Genital Mutilation and Child Protection) Bill

                  Ordered - That the adjourned debate on the second reading of this Bill be resumed.

                  Debate resumed.

                  Question put and passed.

                 

                  Bill read a second time.

 

                                                                                      In Committee

                                                                                                Clause 1 read.

                  Mr Lewis moved, on page 1, line 13 to leave out the word "Female".

                  Question - That the amendment be agreed to - put.

 

            Division, only one Aye

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

                                                                                                Clause agreed to.                        

                                                                                                Clauses Nos 2 to 5 agreed to.

                                                                                                Clause No. 6 amended and agreed to.

                                                                                                Clause No. 7 left out.

                                                                                                Clause No. 8 agreed to.

                                                                                                Title agreed to.

                                                                                                                                  ____________

                  The House having resumed:

                  Hon. H. Allison 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.

 

24       Message from the Legislative Council

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

 

            Lottery and Gaming (Two up on Anzac Day) Amendment Bill                                      Message No. 112

                  MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Lottery and Gaming Act 1936, without any amendment.

                  Legislative Council, 5 April 1995                                                                                                                H.P.K. Dunn, PRESIDENT

                 

25       Adjournment

                  The Deputy Premier moved - That the House do now adjourn.

                  Debate ensued.

                  Question put and passed.

                  House adjourned at 9.36 p.m. until tomorrow at 10.30 a.m.

 

                                                                                                                                  ____________

 

 

                                                                 MOTIONS WHICH NOTICE WAS GIVEN

 

 

                  For  Thursday 6 April 1995

                    Notice of Motion: Government Business-

 

                  The Minister for Industrial Affairs to move - That he have leave to introduce a Bill for an Act to amend the Parliamentary Remuneration Act 1990.

 

                    Notices of Motion: Private Members Bills/Committees/Regulations-

 

                  Mrs Greig to move - That the Interim Report of the Joint Committee on Women in Parliament, be noted.

 

                  Mrs Kotz to move - That the Fifteenth Report of the Environment, Resources and Development Committee on the Environmental, Resources, Planning, Land Use, Transportation and Development Aspects of the MFP Development Corporation for 1994‑95,  be noted.

 

                                                                                                                                  ____________

 

 

                  Present during the day - All Members except Mr Leggett (on Leave), Ms Penfold and Mr Venning.

 

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

 

                  Division No. 1 -

                              Ayes - Ms Geraghty, Ms Stevens

                              Noes - Mr Leggett, Ms Penfold

 

 

 

 

 

                                                                                                                                                                                                                                                G.M. Gunn

                                                                                                                                                                                                                                                SPEAKER

 

G.D. Mitchell

CLERK OF THE HOUSE OF ASSEMBLY