No 52

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

THURSDAY 27 MAY 2004

 

 

1       Meeting of House

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

 

2       Marriage, Definition of - Motion re

Mr Scalzi, pursuant to notice, moved - That this House urges the Prime Minister and the Federal Opposition Leader to support the established definition of marriage as being between a man and a woman, and reject any attempt to extend this definition to include same sex couples.

Mr Brindal moved to amend the motion by leaving out “urges” and inserting “notes the intention of”; and to leave out “and the Federal Opposition Leader” and insert “to change the Marriage Act”; and to leave out “reject any attempt to” and insert “that in consequence, the Federal Parliament will not”; and after the word “couples” insert “and this House urges him to ensure that all those living in Australia enjoy an inalienable equality and equal and non-discriminatory access to human rights”.

         Debate ensued.

Mr Meier moved to amend the motion by leaving out “urges” and insert “supports the intention of”; and to leave out “and the Federal Opposition Leader” and insert “to change the Marriage Act”; and to leave out “reject any attempt to” and insert “and notes that as a consequence the Federal Parliament will not”

         Debate ensued.

 

Mrs Geraghty moved – That the debate be adjourned.

Question put and negatived.

 

Debate (interrupted by the foregoing) resumed.

 

Question – That Mr Meier’s amendment be agreed to – put.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

         House divided (No 1):

 

           Ayes, 17

 

           Noes, 25

Mr Brokenshire

Hon M J Atkinson

Hon D C Brown

Ms Breuer

Hon M R Buckby

Mr Brindal

Ms Chapman

Mr Caica

Mr Goldsworthy

Ms Ciccarello

Hon G M Gunn

Hon P F Conlon

Mrs Hall

Mr Hanna

Mr Hamilton-Smith

Hon J D Hill

Hon R G Kerin

Hon S W Key

Hon D C Kotz

Mr Koutsantonis

Hon W A Matthew

Hon J D Lomax-Smith

Mr Meier

Ms Maywald

Mrs Penfold

Hon R J McEwen

Mr Scalzi

Mr O'Brien

Mr Venning

Ms Rankine

Mr Williams

Hon M D Rann

Dr McFetridge (Teller)

Mr Rau

 

Mrs Redmond

 

Mr Snelling

 

Hon L Stevens

 

Hon R B Such

 

Ms Thompson

 

Hon J W Weatherill

 

Hon M J Wright

 

Mrs Geraghty (Teller)

 

         So it passed in the negative.

 

Question – That Mr Brindal’s amendment be agreed to – put and passed.

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

 

3       Postponement of business

Ordered - That Notice of Motion: Other Motions No 3 be postponed until Thursday 3 June.

 

4       Wayne Jackson, Former AFL Chief Executive - Motion re

Ms Ciccarello, pursuant to notice, moved - That this House congratulates Wayne Jackson on his significant contribution to Australian Rules Football during his seven years as Chief Executive of the AFL and his lasting legacy of a strong and truly national competition.

         Debate ensued.

         Question put and passed.

 

5        Message from the Governor

The following Message from the Governor was received and read:

 

Appropriation Bill 2004 - Recommending                                   Message No 19

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 Appropriation Bill 2004.

Government House, 27 May 2004                                       M Jackson-Nelson, GOVERNOR

 

6       Petition No 73

         The Clerk announced that the following Member had lodged a Petition for presentation:

 

73   Hon R B Such, from 197 residents of South Australia, requesting the House to pass the recommended legislation coming from the Constitutional Convention and provide for a referendum, at the next election, to adopt or reject each of the Convention’s proposals.

 

7       Answers to questions

Answers to questions on the Notice Paper Nos 234, 303, 314 and 338 were tabled by the Speaker.

 

8       Questions

Questions without notice were asked.

 

 

 

9       Papers

         The following Papers were tabled:

 

By the Treasurer - (Hon K O Foley) –

      Budget Overview 2004-2005 – Budget Paper 1

      Budget Speech 2004-2005 – Budget Paper 2

      Budget Statement 2004-2005 – Budget Paper 3

Ordered to be published (Paper No 18)

      Portfolio Statements 2004-2005, Volumes 1, 2 and 3 – Budget Paper 4

Ordered to be published (Paper No 16)

      Capital Investment Statement 2004-2005 – Budget Paper 5

Ordered to be published (Paper No 17)

      Regional Statement 2004-2005 – Budget Paper 6.

 

10      Appropriation Bill

The Treasurer, without notice, moved - That he have leave to introduce a Bill for an Act for the appropriation of money from the Consolidated Account for the financial year ending on 30 June 2005 and for other purposes.

Question put and passed.

Bill presented and read a first time.

 

The Treasurer then moved - That this Bill be now read a second time.

Ordered, on motion of Hon R G Kerin, that the debate be adjourned until Monday 31 May.

 

11      Suspension of Standing Orders

The Treasurer, without notice, moved - That Standing Orders be so far suspended as to enable him to introduce a Bill without notice.

Question put and passed, without a negative voice, there being present an absolute majority of the whole number of Members of the House.

 

         Statutes Amendment (Budget 2004) Bill

The Treasurer, pursuant to order, moved - That he have leave to introduce a Bill for an Act to amend the Debit Tax Act 1994, the Pay-roll Tax Act 1971 and the Stamp Duty Act 1923.

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 R G Kerin, that the debate be adjourned until Monday 31 May.

 

12      Messages from the Legislative Council

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

 

Equal Opportunity (Carer’s Responsibilities) Amendment Bill               Message No 65

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Equal Opportunity Act 1984, to which it desires the concurrence of the House of Assembly.

         Legislative Council, 26 May 2004                                                    R R Roberts, PRESIDENT

 

         Bill read a first time.

 

         Ordered – That the second reading be an Order of the Day for Monday 31 May.

 

         Statutes Amendment (Courts) Bill                                                           Message No 66

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Courts Administration Act 1993; the De Facto Relationships Act 1996, the Development Act 1993, the Environment, Resources and Development Court Act 1993, the Juries Act 1927, the Summary Procedure Act 1921, the Supreme Court Act 1935, the Young Offenders Act 1993 and the Youth Court Act 1993; to make related amendments to various other Acts; 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, 27 May 2004                                                    R R Roberts, PRESIDENT

 

Schedule of amendments made by the Legislative Council

 

No. 1.      Long title, page 1—

After "Courts Administration Act 1993," insert:

the Criminal Law Consolidation Act 1935,

 

No. 2.      New Part, page 4, after line 26—

Insert:

Part 2A—Amendment of Criminal Law Consolidation Act 1935

4A—Substitution of Division 11 of Part 9

Part 9 Division 11—delete the Division and substitute:

Division 11—Witness fees and expenses

297—Witness fees

Witness fees and expenses in respect of proceedings under this Act are payable in accordance with the regulations.

4B—Amendment of section 353—Determination of appeals in ordinary cases

Section 353(4)—delete subsection (4) and substitute:

(4)  Subject to subsection (5), on an appeal against sentence, the Full Court must—

(a)        if it thinks that a different sentence should have been passed—

(i)          quash the sentence passed at the trial and substitute such other sentence as the Court thinks ought to have been passed (whether more or less severe); or

(ii)         quash the sentence passed at the trial and remit the matter to the court of trial for resentencing; or

(b)        in any other case—dismiss the appeal.

 

No. 3.      Clause 16, page 8, after line 4—

Insert:

(2)         Section 6A(3)—after paragraph (b) insert:

(c)       if the jury is retiring to consider whether or not to return a verdict without hearing further evidence—direct that they rejoin the jury in the event that the jury decides that it wishes to hear further evidence before returning a verdict.

 

         J M Davis CLERK OF THE LEGISLATIVE COUNCIL

 

         Ordered - That consideration of the amendments be an Order of the Day for Monday 31 May.

 

13      Adjournment

House adjourned at 3.47 pm until Monday 31 May at 2.00 pm.

 

 

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MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

            For Monday 31 May 2004

 

Notice of Motion: Government Business -

 

The Minister for Health to move That she have leave to introduce a Bill for an Act to amend the Tobacco Products Regulation Act 1997.

 

 

            For Tuesday 1 June 2004

 

Notice of Motion: Other Motions -

 

Mr Hanna to move – That for the remainder of the Session, Standing and Sessional Orders be so far suspended to enable Orders of the Day, Private Members Business Bills/ Committees/ Regulations and Orders of the Day, Other Motions take precedence for a period of one hour over Notices of Motion in those categories.

 

 

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Present during the day - All Members.

 

 

 

 

 

                                                                                                                        Peter Lewis

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY