No 52

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

TUESDAY 3 MAY 2005

 

 

1       Meeting of House

         The House met pursuant to adjournment. The Speaker (Hon R B Such) took the Chair and read prayers.

 

2        Proclamation

         The Clerk read the Proclamation issued by the Governor’s Deputy as follows:

 

Constitution (Fourth Session of the Fiftieth Parliament – Change of Place for Sitting of House of Assembly) Proclamation 2005

 

under section 6 of the Constitution Act 1934

 

1    Short title

               This proclamation may be cited as the Constitution (Fourth Session of the Fiftieth Parliament – Change of Place for Sitting of House of Assembly) Proclamation 2005.

2    Commencement

               This proclamation comes into operation on the day on which it is made.

3    Change of place of sittings of House of Assembly

               I declare that –

                    (a)    the place for holding the sittings of the House of Assembly on 3, 4 and 5 May 2005 will be the Sir Robert Helpmann Theatre at 10 Watson Terrace, Mount Gambier; and

(b)    for the remainder of the fourth session of the Fiftieth Parliament, the place for holding the sittings of the House of Assembly will be the building known as Parliament House at North Terrace, Adelaide.

 

Made by the Governor’s Deputy

with the advice and consent of the Executive Council

on 14 April 2005.

 

3        Messages from the Governor

The following Messages from the Governor were received and read:

 

Assent to Bills                                                                                         Message No 17

The Governor informs the House of Assembly that, in the name and on behalf of Her Majesty the Queen, the following Acts were assented to during the fourth Session of the 50th Parliament, viz.-

No 5 of 2005 -           An Act to establish a sanctuary to protect the dolphin population of the Port Adelaide River estuary and Barker Inlet and its natural habitat; to provide for the protection and enhancement of the Port Adelaide River estuary and Barker Inlet; to amend the Aquaculture Act 2001, the Coast Protection Act 1972, the Development Act 1993, the Environment Protection Act 1993, the Fisheries Act 1982, the Harbors and Navigation Act 1993, the Historic Shipwrecks Act 1981, the Mining Act 1971, the National Parks and Wildlife Act 1972, the Native Vegetation Act 1991 and the Petroleum Act 2000; and for other purposes.

No 6 of 2005 -           An Act to amend the Motor Vehicles Act 1959 and the Road Traffic Act 1961.

No 7 of 2005 -           An Act to amend the Acts Interpretations Act 1915.

No 8 of 2005 -           An Act to amend the Oaths Act 1936, and to make a related amendment to the Evidence (Affidavits) Act 1928.

No 9 of 2005 -           An Act to protect the health and safety of the public by providing for the registration of podiatrists and podiatry students; to regulate the provision of podiatric treatment for the purpose of maintaining high standards of competence and conduct by the persons who provide it; to repeal the Chiropodists Act 1950; and for other purposes.

No 10 of 2005 -         An Act to amend the Motor Vehicles Act 1959; and to make related amendments to the Road Traffic Act 1961.

No 11 of 2005 -         An Act to amend the Primary Produce (Food Safety Schemes) Act 2004.

No 12 of 2005 -         An Act to continue and enhance the commemoration of ANZAC Day as a national significance; to make related amendments to the Lottery and Gaming Act 1936; and for other purposes.

No 13 of 2005 -         An Act to amend the Acts Interpretation Act 1915 and to make a related amendment to the Subordinate Legislation Act 1978.

No 14 of 2005 -         An Act to amend the National Electricity (South Australia) Act 1996.

Government House, 3 May 2005                                        M Jackson-Nelson, GOVERNOR

 

Citrus Industry Bill - Recommending                                                      Message No 18

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 Citrus Industry Bill 2005.

Government House, 3 May 2005                            M Jackson-Nelson, GOVERNOR

 

4       Petition No 69

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

 

69   Hon D C Brown, from 1767 residents of South Australia, requesting the House to urge the Government to withdraw proposed Marine Protection Areas and consult with the fishing, tourism and boating groups before introducing new proposals.

 

5       Answers to questions

Answers to questions without notice were tabled by the Speaker.

 

6       Papers

         The following Papers were tabled:

 

By the Premier (Hon M D Rann) –

Remuneration Tribunal, Determination and Report of the - Travelling and Accommodation Allowances - No. 1 of 2005

 

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

            Electricity Industry Superannuation Scheme – Report 2003-2004

      Regulation under the following Act –

Road Traffic - Photographic Detection Devices - Impounding and Forfeiture of Motor Vehicles

 

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

      Regulations under the following Act –

            Summary Offences - Impounding and Forfeiture of Motor Vehicles

 

By the Minister for Health (Hon L Stevens) –

            Ceduna Koonibba Aboriginal Health Service Inc – Report 2003-2004

            Controlled Substances Advisory Council – Report 2003-2004

           

      Regulations under the following Acts –

            Dental Practice - Special Needs Dentistry

            Medical Practice - Elections

            Occupational Therapists - Fees

 

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

      Regulations under the following Acts –

            Fees Regulation Act 1927

            Industrial and Employee Relations –

                                    Representation

                                    General

            WorkCover Corporation - Claims Management

 

By the Minister for State/Local Government Relations (Hon R J McEwen) –

               Boundary Adjustment Facilitation Panel – Report 2003-2004

           

      Regulations under the following Acts –

            City of Adelaide – Allowances and Benefits

            Local Government – Allowances and Benefits

 

      Local Council By-Laws –

                        Kangaroo Island Council

No. 1 - Permits and Penalties

                                    No. 2 - Moveable Signs

No. 3 - Local Government Land

No. 4 – Roads

No. 5 - Dogs

No. 6 - Bird Scaring Devices

 

By the Minister for Consumer Affairs (Hon K A Maywald) –

      Regulations under the following Acts –

            Liquor Licensing - Long Term Dry Areas – Nairne, Mount Barker and Hahndorf.

 

7        Matter of Privilege

The Hon I F Evans raised as a matter of privilege the failure by the Government to provide a briefing to Opposition Members on Marine Parks, thereby preventing them from carrying out their role as Members of Parliament.

The Speaker advised that he would consider the matter and report back to the House.

 

8       Questions

Questions without notice were asked.

 

Member named

The Speaker named the Member for Mawson, (Mr Brokenshire), for defying the authority of the Chair.

The Member made an apology which was accepted by the Chair.

Questions (interrupted by the foregoing) resumed.

 

9        Speaker’s Statement

The Speaker stated that following the Ministerial Statement made by the Minister for Environment and Conservation (Hon J D Hill) on briefing matters relating to Marine Parks, he would not give precedence to a motion regarding privilege in relation to this matter.

 

10      Grievance debate

On motion of the Speaker, the House noted grievances.

 

11      Postponement of business

Ordered, severely - That Orders of the Day: Government Business Nos 1 to 7 be postponed and taken into consideration after Order of the Day: Government Business No 13.

 

 

12      Mining (Royalty) 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 3 agreed to.

Clauses Nos 4 and 5 amended and agreed to.

Title agreed to.

 

____________

 

         The House having resumed:

Mr Snelling 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.

 

13      Postponement of business

Ordered, severely - That Orders of the Day: Government Business Nos 9 to 12 be postponed and taken into consideration after Order of the Day: Government Business No 13.

 

14      Statutes Amendment (Local Government Elections) Bill

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

Debate resumed.

 

15      Extension of sitting

Ordered, on motion of the Minister for Agriculture, Food and Fisheries (Hon R J McEwen), that the sitting of the House be extended beyond 6.00 pm.

 

16      Message from the Legislative Council

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

 

         Statutes Amendment (Environment and Conservation Portfolio) Bill      Message No 45

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Historic Shipwrecks Act 1981, the National Parks and Wildlife Act 1972, the Native Vegetation Act 1991, the Natural Resources Management Act 2004, the Pastoral Land Management and Conservation Act 1989, the Radiation Protection and Control Act 1982, the Water Resources Act 1997 and the Wilderness Protection Act 1992, with the amendment indicated by the annexed Schedule, to which amendment the Legislative Council desires the concurrence of the House of Assembly.

         Legislative Council, 3 May 2005                                                     R R Roberts, PRESIDENT

 

Schedule of amendment from the Legislative Council

 

Amendment No 1

New clause—

After clause 47 insert:

47A—Insertion of section 24A

After section 24 insert:

24A—Native title

(1)      The constitution of a wilderness protection area or a wilderness protection zone by proclamation under this Part on or after 1 January 1994 is subject to native title existing when the proclamation was made.

(2)      The addition of land to a wilderness protection area or a wilderness protection zone by proclamation or regulation under this Part on or after 1 January 1994 is subject to native title existing when the proclamation or regulation was made.

 

         J M Davis CLERK OF THE LEGISLATIVE COUNCIL

 

         Ordered - That consideration of the amendment be an Order of the Day for tomorrow.

 

17      Speaker’s Statement – Presumptive Provisions in Notices

The Speaker stated that a number of Notices of Motion regarding the establishing of Select Committees would be edited at the Table as they contained presumptive provisions that go beyond the decision the House may take about whether to set up a Committee or not.

 

18      Statutes Amendment (Local Government Elections) Bill

Debate (interrupted by the foregoing) resumed.

Ordered, on motion of Mr Brokenshire (by leave), that the debate be further adjourned until tomorrow.

 

19      Select Committee on the Statutes Amendment (Parliament Finance and Services) Bill

Order of the Day read for the Report of the Select Committee on the Statutes Amendment (Parliament Finance and Services) Bill to be brought up.

 

Extension of time for bringing up Report

Ordered, on motion of the Minister for Agriculture, Food and Fisheries, - That the time for bringing up the Report of the Select Committee be extended until Monday 23 June 2005.

 

20      Adjournment

The Minister for Agriculture, Food and Fisheries, moved – That the House do now adjourn.

Debate ensued.

House adjourned at 7.49 pm until tomorrow at 2.00 pm.

 

____________

 

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

            For Wednesday 4 May 2005

 

Notices of Motion: Government Business –

 

The Attorney-General to move That he have leave to introduce a Bill for an Act to amend the Victims of Crime Act 2001.

 

The Attorney-General to move That he have leave to introduce a Bill for an Act to amend the Criminal Law Consolidation Act 1935; and to make  related amendments to the Road Traffic Act 1961.

 

The Minister for Employment, Training and Further Education General to move That she have leave to introduce a Bill for an Act to amend the Flinders University of South Australia Act 1966; the University of Adelaide Act 1971; and the University of South Australia Act 1990.

 

The Minister for Education and Children's Services to move That she have leave to introduce a Bill for an Act to amend the Education Act 1972.

 

The Minister for State/Local Government Relations to move That he have leave to introduce a Bill for an Act to alter the trusts applicable to the Naracoorte Town Square to enable certain works to be undertaken; and for other purposes.

 

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

 

Mr Lewis to move – That this House establish a Select Committee to

(a)           discover the reasons why the funding for the renovations and  repairs of the Sir Robert Helpmann Theatre, including the re-upholstering of the seating, which has been approved and budgeted for in previous years, has been diverted away from the approved purpose; and

(b)           determine the extent to which the current Minister, the Premier and any other Minister was involved in or aware of this decision-making process, with a view to restoring the funding and commencing the work in this and other similarly affected Regional Arts theatres, forthwith.

 

Mr Lewis to move – That this House establish a Select Committee to discover and determine the extent of the network of intrigue of the convicted road traffic offender and solicitor, Mr Eugene McGee, with a view to discover the possible extent of the influence he, his associates and supporters had in procuring a perversion of procedures of the investigation and prosecution of offences they have or may have been be involved in, such as pedophilia and fraud, as well as any other actions which are criminal in any form, including those designed to pervert the course of justice, in order to determine if those organised criminal activities should be the subject of a Royal Commission.

 

Ms Chapman to move That she have leave to introduce a Bill for an Act to amend the Education Act 1972.

 

Mr Hanna to move – That this House establish a Select Committee to examine and report upon how best to protect the Adelaide Park Lands as land for public benefit, recreation and enjoyment, including

(a)           desirable protective measures to ensure the continuing availability of land for public recreational purpose;

(b)           arrangements for management responsibility and accountability;

(c)           the desirability of legislative protection and the form of legislation, if considered necessary;

(d)           the impact and feasibility of seeking to list the Adelaide Park Lands on the World Heritage List; and

(e)           any other related matter; 

and that the Committee be entitled to incorporate that evidence previously gathered by the former Select Committee on the Adelaide Park Lands established in the 49th Parliament.

 

Mr Lewis to move – That this House establish a Select Committee to examine ways of helping small wineries which crush less than 2,000 tonnes per annum, to enter the export market and determine how to provide a cost neutral/cost recoverable Government sponsored structure which complies with ISO 9200 standards or similar, and thereby establish for them an internationally acceptable criteria for the determination of quality with terminology, which provides for standardised description of their products.

 

Mr Lewis to move – That this House establish a Select Committee to examine ways of helping small South Australian owned wineries which crush less than 2,000 tonnes per annum, to enter the export market by

(a)           identifying existing and potential markets for wine of various styles in those countries, regions and sub-regions elsewhere in the world in which wine is presently consumed;

(b)           determine ways in which this industry sector can obtain the support of the three South Australian Universities;

(c)           the application of appropriate rigor to analyse

                                                     (i)              those markets;

                                                    (ii)        their existing and potential demand for each of the styles and descriptions of wine;

                                                  (iii)        types of packaging;

                                                   (iv)        grading;

                                                    (v)        pricing policies; and

which will maximise penetration of South Australian wine in those markets for South Australian based producers, whilst also ensuring and enhancing profitability.

 

Mr Lewis to move – That the Regulations made under the District Court Act 1991 entitled fees, made on 27 May and laid on the Table of this House on 1 June, be disallowed.

 

Mr Lewis to move – That the Rules made under the Superannuation Act 1998 entitled Commutation made on 13 January and laid on the Table of this House on 8 February, be disallowed.

 

            For Thursday 5 May 2005

 

Notices of Motion: Other Motions –

 

Ms Breuer to move – That this House urges the Minister of Transport to request the Road Safety Advisory Council to consider the merits of the State Government encouraging or mandating the use of headlights by motorists on country roads.

 

Ms Breuer to move – That this House congratulates the University of South Australia for its growing commitment to the South East, which has seen eighty five students begin their degrees this year as full or part-time students in nursing, social work, business and management information systems at the university's new centre in Mount Gambier.

 

Mrs Penfold to move – That this House condemns the Government for continuing to under fund the ‘Moving On’ Program for our young disabled people.

 

Mrs Penfold to move – That the next regional sitting of the House of Assembly before the next State election be held in Ceduna.

 

 

            For Thursday 26 May 2005

 

Notice of Motion: Other Motions –

 

Ms Rankine to move – That this House registers its appreciation of all those medical practitioners who honour the Department of Veteran Affair’s Gold Health Card in the treatment of our eligible ex-service men and women, and war widows and calls on those practitioners who don’t support the card, to do so.

 

 

____________

 

 

Present during the day - All Members except the Deputy Premier (Hon K O Foley), Hon P L White, Hon M R Buckby.

 

 

 

 

 

                                                                                                                        Hon R B Such

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY