No 54

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

TUESDAY 1 JUNE 2004

 

 

1       Meeting of House

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

 

2        Message from the Governor

The following Message from the Governor was received and read:

 

Assent to Bill                                                                                          Message No 20

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

No 15 of 2004 -         An Act to amend the Gaming Machines Act 1992.

         Government House, 1 June 2004                                        M Jackson-Nelson, GOVERNOR

 

3       Answers to questions

Answers to questions without notice were tabled by the Speaker.

 

4       Papers

         The following Papers were tabled:

 

By the Premier (Hon M D Rann) –

      Regulations under the following Acts –

                  Fees Regulation –

                        Assessment of Requirements Fees

                        Public Trustee Fees

                        Proclaimed Managers Fees

                        Registered Agents Fees

 

By the Treasurer (Hon K O Foley) –

      Urban Water Prices in South Australia 2004-2005 – Transparency Statement

 

      Regulations under the following Acts –

                  Land Tax – Fees

                  Petroleum Products Regulation – Fees

                  Tobacco Products Regulation – Fees

 

By the Minister for Police (Hon K O Foley) –

      Regulations under the following Act –

                  Firearms – Fees

 

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

      Port Access Review – Final Report

 

 

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

      Regulations under the following Acts –

                  Associations Incorporation – Fees

                  Bills of Sale Act – Fees

                  Business Names – Fees

                  Community Titles – Fees

                  Co-operatives – Fees

      Cremation – Fees

      Criminal Law (Sentencing) – Fees

      District Court – Fees

      Environment, Resources and Development Court –

            Fees

            Native Title Fees

      Magistrates Court – Fees

      Partnership – Fees

      Public Trustee – Fees

      Real Property – Land Division Fees

      Real Property – Fees

      Registration of Deeds – Fees

      Sexual Reassignment – Fees

      Sheriff’s – Fees

      Strata Titles – Fees

      Summary Offences – Fees

      Supreme Court –

            Fees

            Probate Fees

      Worker’s Liens – Fees

      Youth Court – Fees

 

By the Minister for Consumer Affairs (Hon M J Atkinson) –

      Regulations under the following Acts –

Births, Deaths and Marriages Registration – Fees

Building Work Contractors – Fees

Conveyancers – Fees

Land Agents – Fees

Liquor Licensing – Fees

Plumbers, Gas Fitters and Electricians – Fees

Second-hand Vehicle Dealers – Fees

Security and Investigation Agents – Fees

Trade Measurement Administration – Fees

Travel Agents – Fees

 

By the Minister for Health (Hon L Stevens) –

      Regulations under the following Acts –

                  Controlled Substances –

                        Pesticides Fees

                        Poisons Fees

                  Public and Environmental Health – Fees

                  South Australian Health Commission –

                        Private Hospital Fees

                        Recognised Hospital Fees

 

By the Minister for Transport (Hon P L White) –

      Regulations under the following Acts –

      Harbors and Navigation – Fees

      Goods Securities – Fees

      Motor Vehicles –

            Expiation Fees

            Fees

      Passenger Transport – Fees

      Road Traffic –

            General Fees

            Inspection Fees

            Miscellaneous Fees

 

By the Minister for Urban Development & Planning (Hon PL White)

      Regulations under the following Act –

                  Development – Fees

 

By the Minister for Environment and Conservation (Hon J D Hill) –

      Regulations under the following Acts –

      Botanic Gardens and State Herbarium –

            Fees

            Vehicle Fees

Crown Lands – Fees

      Environment Protection –

            Beverage Container Fees

            Fees and Levy

      Heritage – Fees

      Historic Shipwrecks – Fees -

      National Parks and Wildlife –

            Hunting Fees

            Wildlife Fees

      Pastoral Land Management and Conservation – Fees

      Radiation Protection and Control – Ionising Fees

      Water Resources – Fees

 

By the Minister for Administrative Services (Hon M J Wright) –

      Regulations under the following Acts –

Freedom of Information – Fees and Charges

Roads (Opening and Closing) – Fees

State Records – Fees

Sewerage – Fees

Valuation of Land – Fees

Waterworks – Fees

 

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

      Regulations under the following Acts –

                  Dangerous Substances – Fees

                  Explosives –

                        Fees

                        Fireworks Fees

                  Occupational Health, Safety and Welfare – Fees

 

By the Minister for Gambling (Hon M J Wright) –

      Regulations under the following Acts –

                  Authorised Betting Operations – Fees

                  Gaming Machines – Fees

                  Lottery and Gaming – Fees

 

By the Minister for Education and Children’s Services (Hon J D Lomax-Smith) –

      Regulations under the following Acts –

                  Mines and Works Inspection – Fees

                  Mining – Fees

                  Opal Mining – Fees

                  Petroleum – Fees

 

 

 

 

By the Minister for Employment, Training and Further Education (Hon S W Key) –

      Regulations under the following Acts –

                  Adoption – Fees

                  Housing Improvement – Fees

 

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

      Regulations under the following Acts –

                  Local Government – Fees

                  Private Parking Areas – Fees

 

      Local Council By-Laws –

                  City of Adelaide -

                        No 1 – Permits and Penalties        

                        No 2 – Dogs and Cats      

                        No 3 – Local Government Land      

                        No 4 – Roads      

                        No 5 – Lodging Houses.

 

5       Economic and Finance Committee – Interim Report - Proposed Reduction in Poker Machine Numbers in South Australia

Ms Thompson brought up the Forty-Eighth Report of the Committee on the Proposed Reduction in Poker Machine Numbers in South Australia – Interim Report.

Report received.

Ordered to be published (Paper No 217).

 

6       Questions

Questions without notice were asked.

 

7       Grievance debate

On motion of the Speaker, the House noted grievances.

 

8       Appropriation Bill

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

Debate resumed.

 

9       Speaker's Statement – Tabling of Quoted Documents

The Speaker made a statement regarding quotation from documents and the requirement to table them:

With regard to Members who are not Ministers, it is important to note that they do not have the right to table documents nor can they be required to table a document from which they quote unless the tabling is the subject of a resolution of the House.  The practice is that a Member may be required to authenticate a quotation used as the basis for a question. 

The requirement imposed upon a Minister to table an official document quoted from is based on the principle that a Minister may not read or quote from a despatch or other State paper not before the House, unless prepared to lay it upon the Table.  This practice of the Commons from which we can gain some guidance relates to the tabling of documents and does not suggest that a complete docket must be tabled.

Whilst previous rulings on this practice are inconsistent, a complete docket should not automatically be required to be tabled if documents or extracts from it are quoted from.  However, there may be occasions where a simple tabling of the document or extract may not be sufficient to dispel all doubt regarding the context of the quote and thus its relevance and appropriateness to the point being made by the Minister.  In these circumstances, if a Minister is required to table an official document or extract, sufficient other documents or extracts may also be required to be tabled.

Of necessity, the practice will continue of Ministers not having to table such documents or extracts from dockets in circumstances where security or confidentially requirements are paramount.

 

 

10      Appropriation Bill

Debate (interrupted by the foregoing) resumed.

         Question put and passed.

 

         Bill read a second time.

 

         Reference to Estimates Committee

The Minister for Administrative Services (Hon M J Wright) moved – That this Bill be referred to Estimates Committees.

Question put and passed.

 

         Estimates Committees - Motion for attendance of Legislative Council Ministers

The Minister for Administrative Services, by leave, moved - That a message be sent to the Legislative Council requesting that the Minister for Industry, Trade and Regional Development (Hon P Holloway) and the Minister for Aboriginal Affairs and Reconciliation (Hon T G Roberts), Members of the Legislative Council, be permitted to attend and give evidence before the Estimates Committees of the House of Assembly on the Appropriation Bill.

         Question put and passed.

 

         Grievance debate

The Minister for Administrative Services moved – That the House note grievances.

Debate ensued.

Ordered, on motion of Mr Venning, by leave, that the debate be adjourned until tomorrow.

 

11      Message from the Legislative Council

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

 

         Pitjantjatjara Lands Right (Executive Board) Amendment Bill               Message No 68

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled and Act to amend the Pitjantjatjara Land Rights Act 1981, to which it desires the concurrence of the House of Assembly.

         Legislative Council, 1 June 2004                                                     R R Roberts, PRESIDENT

 

         Bill read a first time.

 

         Ordered - That the second reading be an Order of the Day for tomorrow.

 

12      Adjournment

House adjourned at 10.00 pm until tomorrow at 2.00 pm.

 

 

____________

 

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

            For Wednesday 2 June 2004

 

Notices of Motion: Government Business –

 

The Minister for Energy to move – That he have leave to introduce a Bill for an Act to establish the Australian Energy Market Commission; and for other purposes.

 

The Minister for Energy to move – That he have leave to introduce a Bill for an Act to amend the Electricity Act 1996 and the Gas Act 1997.

 

The Attorney-General to move – That he have leave to introduce a Bill for an Act to amend the Trans-Tasman Mutual Recognition (South Australia) Act 1999.

 

            For Wednesday 2 June 2004

 

Notices of Motion: Private Members Business/ Committees/ Regulations –

 

Hon R B Such to move – That the Standing Orders Committee consider and report on measures to enable the participation of Members of the Legislative Council on the Estimates Committees and if necessary, meet with the Legislative Council Standing Orders Committee to draft Joint Standing Orders for their conduct.

 

Hon R B Such to move – That this House requests the Standing Orders Committee to inquire into –

(a)           the Interim Report of the Select Committee on Parliamentary Procedures and Practices; 

(b)           any subsequent submission to the Standing Orders Committee; 

(c)           relevant changes to Parliamentary Procedures and Practices in other jurisdictions;

 and to report its findings by 22 July 2004.

 

 

____________

 

 

Present during the day - All Members except Minister for Families and Communities (Hon J W Weatherill) and Mr Rau.

 

 

 

 

 

                                                                                                                        Peter Lewis

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY