No 55

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

THURSDAY 1 AUGUST 1996

 

 

1    Meeting of House

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

 

2    Conference - Criminal Injuries Compensation (Levy) Amendment Bill

The Minister for Employment, Training and Further Education (Hon R B Such) moved - That the sitting of the House be continued during the Conference with the Legislative Council on the Criminal Injuries Compensation (Levy) Amendment Bill.

Question put and passed.

 

3    Public Works Committee - Report - Southern Expressway Stage One - Motion to note

Mr Oswald, pursuant to notice, moved - That the Thirtieth Report of the Public Works Committee on the Southern Expressway Stage One, be noted.

Question put and passed.

 

4    Environment, Resources and Development Committee - Report - Vegetation Clearance Regulations pursuant to the Electricity Trust of South Australia Act 1946 - Motion to note

Mrs Kotz, pursuant to notice, moved - That the Twenty-First Report of the Environment Resources and Development Committee on the Vegetation Clearance Regulations pursuant to the Electricity Trust of South Australia Act 1946, be noted.

Debate ensued.

Question put and passed.

 

5    Environment, Resources and Development Committee - Report - Environment, Resources, Planning, Land Use, Transportation and Development Aspects of the MFP Development Corporation for 1995-96 - Motion to note

Mrs Kotz, pursuant to notice, moved - That the Twenty-Second Report of the Environment, Resources and Development Committee on Environment, Resources, Planning, Land Use, Transportation and Development Aspects of the MFP Development Corporation for 1995-96, be noted.

Question put and passed.

 

6    Legislative Review Committee - Report - Racial Vilification Bill  1996 - Motion to note

Mr Cummins, pursuant to notice, moved - That the Report of the Legislative Review Committee on the Racial Vilification Bill 1996, be noted.

Question put and passed.

 


7    Select Committee on Organs for Transplantation

Order of the Day read for the Report of the Select Committee to be brought up.

The Minister for Housing, Urban Development and Local Government Relations  (Hon E S Ashensen) moved - That the Select Committee on Organs for Transplantation have power to continue its sittings during the recess and that the time for bringing up the report be extended until the first day of the next session.

Question put and passed.

 

8    Select Committee on Petrol Multi Site Franchising

Order of the Day read for the Report of the Select Committee to be brought up.

The Minister for Housing, Urban Development and Local Government Relations moved - That the Select Committee on Petrol Multi Site Franchising have power to continue its sittings during the recess and that the time for bringing up the report be extended until the first day of the next session.

Question put and passed.

 

9    Postponement of business

Ordered - That Orders of the Day: Private Members Bills/Committees/Regulations Nos 3 to 6 be Orders of the Day for Thursday 29 August.

 

10   Postponement of business

Ordered - That Notice of Motion:  Other Motions No 1 be a Notice of Motion for Thursday 29 August.

 

11   ABC Funding - Motion re

Hon M D Rann, pursuant to notice, moved - That this House condemns proposed funding cuts to the ABC by the Federal Government and seeks assurances about the future of ABC regional radio and ABC FM in South Australia and the continued expansion of the youth network, Triple J.

Ordered, on motion of Mr Brokenshire, that the debate be adjourned until Thursday 29 August.

 

12   Adelaide Festival Trust Tony Awards - Motion re

Order of the Day read for the adjourned debate on the motion of Mr Lewis - That this House congratulates the Adelaide Festival Centre for the outstanding success achieved on Broadway with their production of “The King and I” in winning four Tony Awards for “Best Revival of a Musical”, “Best Scenic Design”, “Best Costume Design” and “Best Performance by an Actress in a Musical”.

Debate resumed.

Question put and passed.

 

13   Business Woman of the Year - Motion re

Order of the Day read for the adjourned debate on the motion of Mr Lewis - That this House congratulates South Australian Business Woman of the Year, Mrs Pauline Rooney of Rooney’s First National, and the winners of the four categories, namely Private Sector Employing Over 100 Employees, Ms Pamela Lee, Business Analyst and Strategic Planning Facilitator for SGIC; the Public Sector, Ms Virginia Battye, Director, Para Institute of TAFE SA; Private Sector Company Employing Under 100 Employees, Dr Rosemary Brooks, St Ann’s College Inc and all the finalists in each of the categories; and further, commends Telstra and the category sponsors ANZ Bank, Qantas, Aus Industry and Yellow Pages for the invaluable contribution they make to the advancement of our knowledge of the outstanding contribution being made by women, not only to business and community advancement, but also to the improvement of prosperity in South Australia.

Debate resumed.

Question put and passed.

 


14   Mobile Video Phone - Motion re

Order of the Day read for the adjourned debate on the motion of Mr Lewis - That this House commends the Government and the Premier for the vision of a new era of excellence, especially in IT&T and applauds the work of the University of Adelaide Electronic Engineering Department of the Engineering Faculty on the one hand, and Mr Ralph Tobias and representatives of Chonnam and other Korean Universities along with ANNAM on the other, for concluding their agreement to produce leading edge technology to make the world’s first mobile video phone utilising Gallium Arsenide and asymmetrical chip design technology; and further, refers the matter of the project to the Department of Industry, Manufacturing, Small Business and Regional Development and the Minister for Infrastructure to investigate and report on this project about its impact on the development of a critical mass in the IT&T and I M 3 professions and associated technologies and possible benefits:cost to the South Australian economy in the context of the Government’s IT&T industry development policy before 1 October 1996.

Debate resumed.

Ordered, on motion of Mr Bass, that the debate be adjourned until Thursday 29 August.

 

15   Youth Unemployment Task Force - Motion re

Order of the Day read for the adjourned debate on the motion of Mrs Rosenberg - That this House endorses the recommendations made to the Government by the Youth Unemployment Task Force released by the Premier on 11 July 1996 and recognising the causes and long term development of the same, supports full community consultation and then on the basis of this consultation, supports the implementation of the recommendations via policy and resources to improve the employment prospects for the youth of South Australia.

Debate resumed.

Question put and passed.

 

16   Diesel Fuel Rebate Scheme - Motion re

Order of the Day read for the adjourned debate on the motion of Mr Venning - That this House is opposed to the possible removal by the Federal Government of the National Diesel Fuel Rebate Scheme.

Debate resumed.

Question put and passed.

 

17   National Road Transport Fuel Based Charging System - Motion re

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

(a) notes that the National Road Transport charges for heavy vehicles introduced from 1 July 1996 inherently disadvantages the agriculture industry due to the lower than average distance travelled by vehicles used in this industry;

(b) considers that a fuel only charge for heavy vehicles would remove this inequity in the charging scheme, improve cash flows and reduce administration charges for the agriculture sector and move closer to a user pays system; and

(c) requests this motion be forwarded to the National Road Transport Commission as the basis for an investigation of a fuel based charging system Australia wide.

Debate resumed.

Question put and passed.

 

18   Olympic Shooting Medals - Motion re

Order of the Day read for the adjourned motion of Mr Quirke - That this House recognises the achievement of a gold medal at Atlanta by 24 year old Olympic trap shooter Michael Diamond, notes the dedication of this shooter to his sport and congratulates him on his wonderful achievement. Further, this House recognise and congratulates the other members of the shooting team at Atlanta and in particular Russel Mark who obtained a gold medal in the double trap and Deserie Huddlestone who won a bronze medal in women’s double trap.

Debate ensued.

Question put and passed.

 


19   Postponement of business

Ordered - That Orders of the Day: Other Motions No 8 and 9 be Orders of the Day for Thursday 29 August.

 

20   MFP Strategies - Motion re

Order of the Day read for the adjourned debate on the motion of Mr Lewis - That this House compliments the Premier and the Minister for Industry, Manufacturing, Small Business and Regional Development and Infrastructure and the MFP Administration for the effective way in which they have refocussed the strategies of the MFP and attracted firms with local and overseas technologies to become involved and establish their pilot operations in South Australia and from that base, in conjunction with the MFP, sell their proved-up technologies to the rest of the world.

Debate resumed.

Question put and passed.

 

21   The Parks High School - Motion re

Order of the Day read for the adjourned debate on the motion of Mr De Laine - That this House -

(a)   condemns the decision by the Minister for Education and Children’s Services to close The Parks High School at the end of 1996 without any prior consultation with the school community on the findings of the 1995 review into the school;

(b)   condemns the Minister for the way in which the school was advised of the decision and the inadequacy of the six sentence notice given to parents and care givers, the timing of the notification on a Friday  afternoon to minimise debate and the total lack of adequate counselling and support for students, staff and care givers; and

(c)   calls on the Minister to reverse his decision and consult with the School community on how the future of the School can be secured.

Debate resumed.

Question put.

 

House divided (No 1):

 


                    Ayes, 10.

 

Mr Atkinson

Hon F T Blevins

Mr Clarke

Mr Foley

Mrs Geraghty

Ms Hurley

Mr Quirke

Hon M D Rann

Ms Stevens

Mr De Laine (Teller)


            Noes, 29.

 

Hon H Allison

Mr Andrew

Hon M H Armitage

Hon E S Ashenden

Mr D S Baker

Hon S J Baker

Mr Becker

Mr Brindal

Mr Buckby

Mr Caudell

Mr Condous

Mr Evans

Mrs Greig

Mrs Hall

Hon R G Kerin

Mrs Kotz

Mr Leggett

Hon W A Matthew

Mr Meier

Mr Oswald

Mrs Penfold

Mrs Rosenberg

Mr Rossi

Mr Scalzi

Hon R B Such

Mr Venning

Mr Wade

Hon D C Wotton

Mr Bass (Teller)


 

     So it passed in the negative.

 

22   Carnevale in Adelaide - Motion re

Order of the Day read for the adjourned debate on the motion of Mr Scalzi - That this House congratulates the Co-ordinating Italian Committee, its President, Dr Tony Cocchiaro and all participating organisations on the success of the first Carnevale in Adelaide festival.

Debate resumed.

Question put and passed.

 

23   Postponement of business

Ordered - That Orders of the Day: Other Motions Nos 13 and 14 be Orders of the Day for Thursday 29 August.

 

24   Departmental Toll Free Telephone Numbers -  Motion re

Order of the Day read for the adjourned debate on the motion of Mr Lewis - That this House urges all Ministers to direct all departments and agencies established by statute to install a toll free telephone number to provide STD callers equal access to services provided by those agencies to their departments.

Debate resumed.

Mr Bass moved to amend the motion by leaving out the words “direct all” and inserting in lieu thereof the words “examine the option of”.

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

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

 

25   Message from the Legislative Council

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

 

     Roads (Opening and Closing)(Parliamentary Disallowance

     of Closures) Amendment Bill                             Message No 154

MR SPEAKER - The Legislative Council has passed a Bill transmitted herewith, titled an Act to amend the Roads (Opening and Closing) Act 1991, to which it desires the concurrence of the House of Assembly.

     Legislative Council, 1 August 1996                H P K Dunn, PRESIDENT

 

Bill read a first time.

 

Ms Hurley moved - That this Bill be now read a second time.

Ordered, on motion of Mr Bass, that the debate be adjourned until Thursday 29 August.

 

26   Suspension and resumption of sitting

At 12.50 pm the sitting of the House was suspended.

At 2.00 pm the Speaker resumed the Chair.

 

27   Petition No 122

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

 

122      Mr Meier, from 58 residents of South Australia, requesting that the House urge the Government to repair the Cook Highway No 1 road.

 

28   Papers

The following Papers were tabled:

 

By the Premier (Hon D C Brown) -

Disciplinary Appeals Tribunal - Report, 1995 - 96

 

 


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

Committee to Examine and Report on Abortions notified in South Australia - Report, 1995

Food Act - Report, 1994-95

 

By the Minister for Housing, Urban Development and Local Government Relations (Hon E S Ashenden) -

        South Australian Housing Trust Act - Regulations - Water Rates.

 

29   Printing Committee - Second Report

Mr Brokenshire brought up the Second Report, 1995-96 of the Printing Committee.

 

The Report recommended the printing of the following papers:

Animal and Plant Control Commission  - Report, 1995 (Paper No 119 )

Building Management, Department for - Report, 1994-95 (Paper No 153)

Classification of Publications Board - Report, 1994-95 (Paper No 116)

Coast Protection Board, South Australia - Report, 1994-95 (Paper No 51)

Correctional Services, Department for - Report, 1994-95 (Paper No 38)

Dental Board of South Australia - Report, 1994-95 (Paper No 79)

Education and Children’s Services, Department for - Report, 1994-95 (Paper No 44)

Employment, Training and Further Education,

Department for - Report and Corporate Review , 1995 (Paper No 103)

Equal Opportunity, Commissioner for - Report, 1994-95 (Paper No 109)

Outback Areas Community Development Trust - Report, 1994-95 (Paper No 47)

Health Commission, South Australian - Report, 1994-95 (Paper No 121)

Local Government Grants Commission, South Australian - Report, 1994-95 (Paper No 106)

Police, Commissioner of, South Australia - Report, 1994-95 (Paper No 53)

Recreation, Sport and Racing, Office of - Report, 1994-95 (Paper No 117)

SARDI (South Australian Research and Development Institute) - Report, 1994-95 (Paper No 152)

Senior Secondary Assessment Board of South Australia - Report, 1995 (Paper No 85)

Tourism Commission, South Australian - Report, 1994-95 (Paper No 155)

Treasury and Finance Department of - Report and Erratum, 1994-95 (Paper No 146).

 

Ordered - That the Report be received and adopted.

 

30   Questions

Questions without notice were asked.

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

Questions without notice resumed.

 

31   Suspension of Standing Orders

The Premier, without notice, moved - That Standing Orders be so far suspended as to enable him, at the conclusion of the grievance debate, to move a motion relating to Olympic athletes.

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

 

32   Grievance debate

The Speaker proposed - That the House note grievances.

Debate ensued.

Question put and passed.

 

33   Messages from the Legislative Council

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

 

     Firearms (Miscellaneous) Amendment Bill                 Message No 155

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Firearms Act 1977, with the amendments indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

     Legislative Council, 31 July 1996                 H P K Dunn, PRESIDENT

 

Schedule of the amendments made by the Legislative Council

 

No 1  Page 5, line 8 (clause 3) - Leave out paragraph (o)  and insert new paragraphs as follow:-

(o)  by inserting “unless he or she establishes on the balance of probabilities that he or she was not carrying on such a business” after “sold in excess of 20 in that period” in subsection (3);

(oa)  by inserting “unless he or she establishes on the balance of probabilities that he or she was not carrying on such a business” after “sold in excess of 50 000 rounds in that period” in subsection (5);’.

No 2  Page 6, line 12 (clause 5) - Leave out “five” and insert “six”.

No 3  Page 6, lines 16 and 17 (clause 5) - Leave out paragraph (e)  and insert new paragraphs as follow:-

(e)  one must be a person who carries on the business of primary production and uses a firearm or firearms for the purposes of that business; and

 (f)  one must be a person who has experience in the administration of, or in participating in, a competitive discipline using firearms being a discipline in which shooters compete at the Olympic Games or the Commonwealth Games.”

No 4  Page 6, line 19 (clause 5) - Leave out the line and insert the following:-

   “(2a)  The committee must include at least two men and two women.”

No 5  Page 6, line 22 (clause 6) - Leave out “Three” and insert “Four”.

No 6  Page 8, line 12 (clause 7) - Leave out “or D” and insert “, D or H”.

No 7  Page 9, line 21 (clause 8) - Leave out “a firearms licence” and insert “a new firearms licence (as distinct from the renewal of a licence)”.

No 8  Page 9 (clause 8) - After line 22 insert new subsection as follows:-

“(8a)  The Registrar will be taken to have refused an application for a firearms licence if the application has not been granted within 90 days after it was made.”

No 9  Page 10, line 27 (clause 11) - Leave out “Subject to subsection 4, a” and insert “A”.

No 10 Page 11, lines 4 to 15 (clause 11) - Leave out subsection (4) and insert new subsection as follows:-

“(4)  It is a defence to prosecution for an offence against subsection (1) or (2) to prove that -

(a)   the owner of the firearm carried on the business of primary production and that the firearm was lent temporarily to an employee or relative of the owner for the purposes of that business; or

(b)   the owner of the firearm carried on the business of guarding property and that the firearm was lent temporarily to an employee of the owner for the purposes of that business; or

(c)   the firearm was lent or hired in circumstances (prescribed by or under section 11) in which the person who borrowed or hired the firearm was not required to hold a licence authorising the possession or use of the firearm; or

(d)   the firearm was a class A, B or H firearm and was lent pursuant to a written or oral agreement between the owner and borrower that the borrower would only use the firearm for a purpose or purposes specified in the agreement and would return the firearm to the owner within 10 days; or

(e)   the firearm was borrowed or hired in circumstances prescribed for the purposes of this subsection by regulation.”

No 11 Page 11, lines 25 to 27 (clause 11) - Leave out subsection (7).

No 12 Page 11, line 29 (clause 11) - Leave out “or D” and insert “, D or H”.

No 13 Page 11, line 30 (clause 11) - Leave out “or D” and insert “, D or H”.

No 14 Page 13, line 30 (clause 13) - After “Incorporated” insert “and in accordance with regulations under this Act”.

No 15 Page 14 (clause 14) - After line 19 insert new paragraph as follows:-

(ab) if the firearm is a class A, B or H firearm and is lent pursuant to a written or oral agreement between the owner and borrower that the borrower will only use the firearm for a purpose or purposes specified in the agreement and will return the firearm to the owner within 10 days; or”.

No 16 Page 15 (clause 14) - After line 23 insert new subsections as follow:-

“(5a)  A person must not transfer possession of a firearm under subsection (1)(ab) unless -

(a)   immediately before transferring possession he or she has inspected the firearms licence held by the person who is to borrow the firearm and is satisfied that the borrower is authorised to possess the firearm and use it for the agreed purpose or purposes; and

(b)   he or she believes on reasonable grounds that the borrower will not use the firearm for any other purpose.

   (5b)  A person must not transfer possession of a firearm under subsection (1)(c)  or (d) or under circumstances prescribed by regulation unless he or she is satisfied, on reasonable grounds, that the person to whom possession is transferred is authorised by a firearms licence to possess and use the firearm for the purpose or purposes for which the firearm is transferred.

   (5c)  A person who borrows a firearm under subsection (1)(ab)  must return it to the owner within 10 days.”

No 17 Page 16, line 13 (clause 14) - Leave out “or D” and insert “, D or H”.

No 18 Page 20, line 7 (clause 20) - Leave out this line and insert the following:-

‘by written notice served -

(a)   in the case of cancellation - personally on the holder of the licence;

(b)   in the case of variation - personally or by certified mail on the holder of the licence.’

No 19 Page 21, line 26 (clause 22) - Leave out “or D” and insert “, D or H”.

No 20 Page 24, line 5 (clause 30) - Leave out “or D” and insert “, D or H”.

No 21 Page 24, line 19 (clause 32) - Leave out “the action” and insert “the receiver”.

No 22 Page 24, line 29 (clause 32) - Leave out “or D” and insert “, D or H”.

No 23 Page 25, line 3 (clause 32) - Leave out “or D” and insert “, D or H”.

No 24 Page 28, line 9 (clause 39) - Leave out “Subject to subsection (3)”.

No 25 Page 28, line 14 (clause 39) - Leave out “Subject to subsection (3)”.

No 26 Page 28, lines 21 and 22 (clause 39) - Leave out  subsection (3).

No 27 Page 30, line 5 (clause 42) - Leave out “or D” and insert “, D or H”.

No 28 Page 35, line 8 (clause 50) - After “when the notice or document” insert “, or notice that the notice or document is available for collection,”.

No 29 Page 36, line 2 (clause 53) - Leave out “the actions, or parts of the actions,” and insert “the receivers”.

No 30 Page 36 (clause 53) - After line 7 insert the following:-

(f)  by inserting the following subsection after subsection (2):

   (3)  A regulation made under this section or any other provision of this Act may confer discretionary powers.”

No 31 Page 38, lines 3 and 4 (clause 54) - Leave out “the actions, or parts of the actions,” and insert “the receivers”.

No 32 Page 38, line 5 (clause 54) - Leave out “the actions, and parts of actions,” and insert “the receivers”.

No 33 Page 38 (clause 54) - After line 24 insert new subclause as follows:-

“(1a)  No proceeding for judicial review or for a declaration, injunction, writ, order or other remedy may be brought to challenge or question -

(a)   the amount of compensation payable under regulations made under subclause (1) or a determination of, or a determination or decision that affects, the amount of compensation payable under regulations made under that subclause; or

(b)   proceedings or procedures under regulations made under subclause (1); or

(c)   an act, omission, matter or thing incidental or relating to the operation of regulations under subclause (1).”

J M Davis, CLERK OF THE LEGISLATIVE COUNCIL

 

Ordered - That the amendments be taken into consideration on motion.

 

     Statutes Amendment (Sentencing of Young Offenders) Bill       Message No 156

MR SPEAKER - The Legislative Council has disagreed to the amendment made by the House of Assembly in the Statutes Amendment (Sentencing of Young Offenders) Bill, for the Reason indicated in the annexed Schedule. The Legislative Council returns the Bill herewith and desires its reconsideration.

     Legislative Council, 1 August 1996                H P K Dunn, PRESIDENT

 


Schedule of the amendment made by the House of Assembly

 and disagreed to by the Legislative Council

Clause 30, page 7, lines 9 and 10 - Leave out all words in these lines after “is amended” and insert as follows:-

   “ -

(a)   by striking out paragraph (b)  of subsection (2);

(b)   by inserting after subsection (2) the following subsection:

   (2a)  in imposing sanctions on a youth for illegal conduct -

   (a)   regard should be had to the deterrent effect any proposed sanction may have on the youth; and

   (b)   in the case of a youth dealt with by a court as an adult, or in any other case the court      thinks appropriate (because of the nature or circumstances of the offence), regard      should also be had to the deterrent effect any proposed sanction may have on other      youths.”

 

Schedule of the reason for disagreeing with the foregoing amendment

Because the inclusion of general deterrence is a matter that requires further consideration.

J M Davis, CLERK OF THE LEGISLATIVE COUNCIL

 

 

Ordered - That the Message be taken into consideration forthwith.

 

In Committee

Resolved - That the amendment 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 amendment.

 

     Development (Major Development Assessment) Amendment Bill           Message No 157

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Development Act 1993 and to make related amendments to the Environment Protection Act 1993, with the amendments indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

     Legislative Council, 1 August 1996                H P K Dunn, PRESIDENT

 

Schedule of the amendments made by the Legislative Council

 

No 1  Page 1 (clause 3) - After line 21 insert new paragraph as follows:-

(ab) by inserting after the definition of “local heritage place” in subsection (1) the following definition:

“Major Developments Panel” means the Major Developments Panel established under section 46A;;’

No 2  Page 2, lines 34 to 39 (clause 5) - Leave out subparagraph (A) and insert new subparagraph as follows:-

“(A)  in the Minister’s opinion the relevant council has demonstrated a potential conflict of interest in the assessment of the development because of a publicly stated position on that particular development; or”.

No 3  Page 3, line 21 (clause 6) - Leave out paragraph (b)  (and the word “or” immediately preceding that paragraph).

No 4  Page 4, lines 29 and 30 (clause 6) - Leave out “the Minister under subsection (7)” and insert “the Major Developments Panel under this section”.

No 5  Page 5, lines 25 to 35 and page 6, lines 1 to 19 (clause 6) - Leave out subsections (7) to (14) and insert new subsections as follow:-

   ‘(7)  Subject to a determination of the Governor under section 48(2)(a)  (in the case of a development), the Minister must refer a major development or project under this section to the Major Developments Panel -

(a)   to determine whether the major development or project will be subject to the processes and procedures prescribed by this subdivision with respect to the preparation of an EIS, a PER or a DR; and

(b)   to formulate guidelines to apply with respect to the preparation of the EIS, PER or DR (as determined by the Major Developments Panel).

   (8)  The Major Developments Panel must, on receipt of a referral under subsection (7) -

(a)   prepare a document describing the major development or proposal and identifying the significant issues relevant to the proper assessment of the major development or project; and

(b)   by public advertisement, give notice of the availability of the document and invite interested persons to make written submissions to the Major Developments Panel within the time prescribed by the regulations on the issues identified in the document, and on any other issues of significance relevant to the proper assessment of the major development or project, to assist the Major Developments Panel in the preparation of the guidelines referred to in subsection (7).

   (9)  The Major Developments Panel must, in considering the level of assessment that should apply to a major development or project (i.e. whether a major development or project should be subject to the processes and procedures associated with the preparation of an EIS, a PER or a DR), take into account criteria prescribed by the regulations.

   (10)  If a major development or project involves, or is for the purposes of, a prescribed activity of environmental significance as defined by the Environment Protection Act 1993, the Major Developments Panel must, in formulating guidelines under this section, consult with the Environment Protection Authority within the time prescribed by the regulations.

   (11)  The Major Developments Panel must, in formulating guidelines under this section, classify the issues identified by the Major Developments Panel as being relevant to the proper assessment of the major development or project according to categories of importance so as to indicate the levels of attention that should be given to those issues in the preparation of the relevant EIS, PER or DR, and the Assessment Report.

   (12)  The Major Developments Panel must, after completing the processes referred to above, report to the Minister on -

(a)   its determination with respect to the level of assessment that should apply to the major development or project; and

(b)   the guidelines to apply under this subdivision with respect to the preparation of the relevant EIS, PER or DR.

   (13)  The Minister must, on the receipt of a report under subsection (12) -

   (a)   give a copy of the report to the proponent; and

   (b)   by public advertisement, give notice of -

      (i)  the Major Developments Panel’s determination under this section; and

      (ii) the place or places at which copies of the guidelines formulated by the Major Developments Panel are available for inspection and purchase.

   (14)  The Major Developments Panel should deal with a referral as quickly as possible and in any event, unless the Minister otherwise approves, within the time specified by the Minister (taking into account the time periods prescribed by the regulations for the purposes of this Division).

   (15)  The Minister or the Major Developments Panel may require a proponent to furnish specified information (additional to the information required under subsection (6)) for the purposes of the operation of this section.’

No 6  Page 6, line 23 (clause 6) - Leave out “Advisory Panel” and insert “Major Developments Panel”.

No 7  Page 6, lines 24 and 25 (clause 6) - Leave out all words in these lines after “when” in line 24 and insert “a major development or project is referred to the Major Developments Panel under section 46(7)”.

No 8  Page 6, line 28 (clause 6) - Leave out paragraph (b)  and insert new paragraph as follows:-

(b)  a member of the Environment Protection Authority appointed by the Minister;”

No 9  Page 7, line 2 (clause 6) - Leave out “Advisory Panel” and insert “panel”.

No 10 Page 7, line 6 (clause 6) - Leave out “presiding”.

No 11 Page 7, lines 7 and 8 (clause 6) - Leave out “nominated by the presiding member of that authority”.

No 12 Page 7, line 9 (clause 6) - Leave out “Advisory Panel” and insert “panel”.

No 13 Page 7 (clause 6) - After line 11 insert the following:-

   “(3a)  The Minister may remove a member of the panel from office for -

(a)   breach of, or failure to comply with, the conditions of appointment;

(b)   misconduct;

(c)   neglect of duty;

(d)   incapacity to carry out satisfactorily the duties of office;

(e)   failure to carry out satisfactorily the duties of office.

   (3b)  The office of a member of the panel becomes vacant if the member -

   (a)   dies; or

   (b)   completes a term of office and is not reappointed; or

   (c)   resigns by written notice addressed to the Minister; or

   (d)   is removed from office under subsection (3a).”

No 14 Page 7, line 12 (clause 6) - Leave out “Advisory Panel” and insert “panel”.

No 15 Page 7, line 15 (clause 6) - Leave out “Advisory Panel” and insert “panel”.

No 16 Page 7 (clause 6) - After line 15 insert the following:-

“(5)  The panel may, with the approval of the Minister, delegate a power or function under this Division, other than the power to make a determination under section 46(7)(a)  or to finalise guidelines under section 46(7)(b)  -

   (a)   to a particular person; or

   (b)   to the person for the time being occupying a particular office or position.

      (6)  A delegation -

   (a)   may be made subject to conditions and limitations specified in the instrument of delegation; and

   (b)   is revocable at will and does not derogate from the power of the panel to act in a matter.”

No 17 Page 7, lines 22 and 23 (clause 6) - Leave out “the Minister” and insert “the Major Developments Panel under this subdivision”.

No 18 Page 7, lines 24 to 30 (clause 6) - Leave out subsections (4) and (5).

No 19.   Page 10, lines 4 and 5 (clause 6) - Leave out “the Minister” and insert “the Major Developments Panel under this subdivision”.

No 20 Page 10, lines 6 to 11 (clause 6) - Leave out subsections (4) and (5).

No 21 Page 11, line 12 (clause 6) - Leave out “20” and insert “30”.

No 22 Page 12, lines 18 and 19 (clause 6) - Leave out “the Minister” and insert “the Major Developments Panel under this subdivision”.

No 23 Page 12, lines 20 to 25 (clause 6) - Leave out subsections (4) and (5).

No 24 Page 13, line 22 (clause 6) - Leave out “10” and insert “15”.

No 25 Page 18 (clause 6) - After line 5 insert the following:-

“48AB.  The Governor or the Minister may permit a proponent to vary an application (and any associated documents) lodged under this Division (provided that the relevant development or project remains within the ambit of an EIS, PER or DR, and an Assessment Report (either as originally prepared or as amended under this Division)).”

No 26 Page 19, lines 8 and 9 (clause 6) - Leave out “Advisory Panel” and insert “Major Developments Panel”.

No 27 Page 20, line 16 (clause 7) - Leave out “the Minister” and insert “the Major Developments Panel”.

No 28 Page 20 (clause 10) - After line 33 insert new paragraph as follows:-

(aa) by striking out from subsection (4)(a)  “on the Minister” and substituting “on the Major Developments Panel”.’

No 29 Page 21, line 2 (clause 10) - Leave out “the Minister” and insert “on the Major Developments Panel”.

No 30 Page 21, line 3 (clause 10) - Leave out “report” and insert “reports”.

No. 31.  Page 21, line 8 (clause 10) - Leave out “the Minister’s”.


No 32 Page 22 (clause 14) - After line 16 insert new subclauses as follow:-

“(2)  Section 48D of the principal Act, as enacted by this Act, does not apply so as to affect the rights of any person in respect of a proposed development or project that has been the subject of Supreme Court proceedings relating to an application under Division 1 of Part 4 of the principal Act commenced before 30 July 1996 (even if those proceedings have been settled or determined.)

(3)   For the purposes of subsection (2), a proposed development or project that is a variation on a proposed development or project that has been the subject of Supreme Court proceedings will be taken to have also been the subject of Supreme Court proceedings before the relevant date (provided that the essential nature of the development or project has not changed).”

J M Davis, CLERK OF THE LEGISLATIVE COUNCIL

 

Ordered - That the amendments be taken into consideration on motion.

 

     Statutes Amendment (Attorney-General’s Portfolio) Bill        Message No 158

MR SPEAKER - The Legislative Council has agreed to the amendments made by the House of Assembly in the Statutes Amendment (Attorney-General’s Portfolio) Bill, without any amendment.

     Legislative Council, 1 August 1996                H P K Dunn, PRESIDENT

 

     Fair Trading (Miscellaneous) Amendment Bill             Message No 159

MR SPEAKER - The Legislative Council has agreed to the amendments made by the House of Assembly in the Fair Trading (Miscellaneous) Amendment  Bill, without any amendment.

     Legislative Council, 1 August 1996                H P K Dunn, PRESIDENT

 

34   Olympic Athletes - Motion re

The Premier, pursuant to order, moved - That this Parliament acknowledges and pays tribute to all the South Australian Olympians, their coaches and associates, who have performed so magnificently during the centennial Olympic Games in Atlanta Georgia during the past two weeks and in particular, this Parliament recognises the skill and courage of our athletes who have succeeded in proudly presenting South Australia on the international stage.

Debate ensued.

Question put and passed.

 

35   Conference - Criminal Injuries Compensation (Levy) Amendment Bill

The Minister for Primary Industries (Hon R G Kerin) reported - That the Managers have been at the Conference on the Criminal Injuries Compensation (Levy) Amendment Bill, which was managed on the part of the Legislative Council by the Hon K T Griffin (Attorney-General) Hon M J Elliot, Hon R D Lawson, Hon P Nocella and Hon C A Pickles and we there delivered the Bill, together with the resolution adopted by this House and thereupon the Managers for the two Houses conferred together and it was agreed that they should recommend to our respective House that:

 

As to Amendment No. 1 -

That the House of Assembly do not further insist on its disagreement thereto.

As to Amendment No. 2 -

That the Legislative Council do not further insist on its amendment.

As to Amendment No. 3 -

That the Legislative Council do not further insist on its amendment but makes the following amendment in lieu thereof:

New clause, page 1, after line 25 - Insert new clause as follows:

Insertion of s. 14c

3A.   The following section is inserted in the principal Act after section 14b:

Annual report

14c.(1)  The administrative unit of the Public Service responsible, under the Attorney-General, for the administration of this Act must, on or before 30 September in each year, present a report to the Attorney-General on the operation and administration of this Act during the previous financial year.

 

        (2)      A report required under this section may be incorporated in the annual report of the relevant administrative unit.

           (3)      The Attorney-General must, within 12 sitting days after receipt of a report under this section, cause copies of the report to be laid before each House of Parliament.

And that the House of Assembly agree thereto.

 

36   Messages from the Legislative Council

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

 

     Criminal Injuries Compensation (Levy) Amendment Bill          Message No 160

MR SPEAKER - The Legislative Council, having considered the recommendations from the Conference on the Criminal Injuries Compensation (Levy) Amendment Bill, has agreed to the same. The Bill is returned herewith.

     Legislative Council, 1 August 1996                H P K Dunn, PRESIDENT

 

Ordered - That the recommendations of the Conference be taken into consideration on motion.

 

     Road Traffic (Miscellaneous) Amendment Bill             Message No 161

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Road Traffic Act 1961, to which it desires the concurrence of the House of Assembly.

     Legislative Council, 1 August 1996                H P K Dunn, PRESIDENT

 

Bill read a first time.

 

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

 

     Statutes Amendment (Sentencing of Young Offenders) Bill       Message No 162

MR SPEAKER - The Legislative Council requests that a Conference may be granted to it respecting a certain amendment in the Statutes Amendment (Sentencing of Young Offenders) Bill. In the event of a Conference being agreed to, the Legislative Council will be represented thereat by five managers.

     Legislative Council, 1 August 1996                H P K Dunn, PRESIDENT

 

The Minister for Primary Industries moved - That a Message be sent to the Legislative Council granting a Conference as requested by the Council; and that the time and place for holding it be the Terrace Room East, at 5.30 pm today; and that Mr Atkinson, Mrs Rosenberg, Mr Scalzi, Ms Stevens and the Deputy Premier be the managers on the part of this House.

Question put and passed.

 

37   Firearms (Miscellaneous) Amendment Bill

Ordered - That the amendments of the Legislative Council in this Bill be now taken into consideration.

 

In Committee

Resolved - That the 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 the same without amendment.

 

38   Development (Major Development Assessment) Amendment Bill

Ordered - That the amendments of the Legislative Council in this Bill be now taken into consideration.

 

In Committee

Resolved - That the 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 the same without amendment.

 

39   Conference - Statutes Amendment (Sentencing of Young Offenders) Bill

The Minister for Housing, Urban Development and Local Government moved - That the sitting of the House be continued during the Conference with the Legislative Council on the Statutes Amendment (Sentencing of Young Offenders) Bill.

Question put and passed.

 

40   Messages from the Legislative Council

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

 

     Fruit and Plant Protection (Enforcement) Amendment Bill       Message No 163

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Fruit and Plant 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, 1 August 1996                H P K Dunn, PRESIDENT

 

Schedule of the amendment made by the Legislative Council

 

Page 1, lines 19 to 28 and page 2, lines 1 to 9 (clause 4) - Leave out the clause.

J M Davis, CLERK OF THE LEGISLATIVE COUNCIL

 

Ordered - That the amendment be taken into consideration on motion.

 

     Statutes Amendment (Sentencing of Young Offenders) Bill       Message No 164

MR SPEAKER - In reply to Message No 163 from the House of Assembly, the Legislative Council agrees to the time and place appointed by the House of Assembly for holding the Conference.

     Legislative Council, 1 August 1996                H P K Dunn, PRESIDENT

 

     Appropriation Bill                                      Message No 165

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act for the appropriation of money from the Consolidated Account for the year ending on 30 June 1997 and for other purposes, without any amendment.

     Legislative Council, 1 August 1996                H P K Dunn, PRESIDENT

 

41   Road Traffic (Miscellaneous) Amendment Bill

Ordered - That the second reading of this Bill be now taken into consideration.

 

The Minister for Housing, Urban Development and Local Government Relations moved - That this Bill be now read a second time.

 

     Suspension of Standing Orders

The Minister, without notice, moved - That Standing Orders be so far suspended as to enable the Bill to pass through its remaining stages without delay.

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

 

Debate ensued.

Question put and passed.

 

Bill read a second time.

 


Proceeded, by leave, to the third reading

 

Bill read a third time  and passed.

 

42   Select Committee on the Yumbarra Conservation Park Re-proclamation

The Minister for Housing, Urban Development and Local Government Relations moved - That the Select Committee on the Yumbarra Conservation Park Re-proclamation have power to continue its sittings during the recess and that the time for bringing up the report be extended until the first day of the next session.

Question put and passed.

 

43   Select Committee on the Paper and Pulp Mill (Hundreds of Mayurra and Hindmarsh)(Council Rates) Amendment Bill

The Minister for Housing, Urban Development and Local Government Relations moved - That the Select Committee on the Paper and Pulp Mill (Hundred of Mayurra and Hindmarsh)(Council Rates) Amendment Bill have power to continue its sittings during the recess and that the time for bringing up the report be extended until the first day of the next session.

Question put and passed.

 

44   Joint Committee on Retail Shop Tenancies

Mrs Rosenberg brought up the Report of the Joint Committee on Retail Shop Tenancies.

Ordered - That the Report be received.

Mrs Rosenberg moved - That the Report be noted.

Debate ensued.

Ordered, on motion of Mr Caudell, that the debate be adjourned and resumed on motion.

 

45   Fruit and Plant Protection (Enforcement) Amendment Bill

Ordered - That the amendment of the Legislative Council in this Bill be now taken into consideration.

 

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.

 

46   Joint Committee on Retail Shop Tenancies - Report - Motion to note

Ordered - That the adjourned debate on the motion - That the Report of the Joint Committee on Retail Shop Tenancies be noted - be now resumed.

Debate resumed.

Question put and passed.

 

47   Extension of time for adjournment

The Minister for Housing, Urban Development and Local Government Relations moved - That the time for moving the adjournment of the House be extended beyond 10.00 pm.

Question put and passed.

 

48   Suspension and resumption of sitting

At 8.40 pm the sitting of the House was suspended.

At 10.17 pm the Speaker resumed the Chair.

 

49   Next day of sitting

The Deputy Premier moved - That the House at its rising adjourn until Tuesday 27 August at 2.00 pm.

Debate ensued.

Question put and passed.

 


50   Message from the Legislative Council

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

 

     Statutes Amendment (University Councils) Bill           Message No 166

MR SPEAKER - The Legislative Council has agreed to the Bill transmitted herewith, titled an Act to amend the Flinders University of South Australia At 1966, the University of Adelaide Act 1971 and the University of South Australia Act 1990, with the amendments indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

     Legislative Council, 1 August 1996                H P K Dunn, PRESIDENT

 

Schedule of the amendments made by the Legislative Council

 

No 1  Page 2, lines 15 to 17 (clause 5) - Leave out paragraph (b)  and insert new paragraph as follows:-

(b)  the presiding member of the Academic Senate who will be a member of the Council ex officio or, if the Vice-Chancellor is the presiding member of the Academic Senate, a member of the Academic Senate who is a member of the academic staff of the University elected by the Academic Senate (but that person cannot be a student of the University);”

No 2  Page 2, lines 23 and 24 (clause 5) - Leave out paragraph (e)  and insert new paragraph as follows:-

(e)  if the Council so determines, one person co-opted and appointed by the Council;”.

No 3  Page 2, line 26 (clause 5) - Leave out “one member” and insert “two members”.

No 4  Page 2, lines 27 to 33 (clause 5) - Leave out paragraph (h)  and insert new paragraph as follows:-

(h)  two students of the University (not being persons in the full time employment of the University), one of whom must be a postgraduate student and one of whom must be an undergraduate student, appointed or elected in a manner determined by the Vice-Chancellor after consultation with the General Secretary of the Students Association of the University.”

No 5  Page 3, line 7 (clause 5) - Leave out “An employee” and insert “A member of the academic or general staff”.

No 6  Page 3 (clause 6) - After line 20 insert new subsection as follows:-

“(1a)  A person elected by the Academic Senate to the Council will be elected for a term of two years.”

No 7  Page 4, line 33 (clause 8) - Leave out “nine” and insert “11”.

No 8  Page 4, lines 33 and 34 (clause 8) - Leave out “, at least five of whom are external members,”.

No 9  Page 5, lines 1 to 4 (clause 8) - Leave out subsection (5).

No 10 Page 6, line 9 (clause 14) - Leave out “nine” and insert “11”.

No 11 Page 6, lines 9 and 10 (clause 14) - Leave out  “, at least five of whom are external members,”.

No 12 Page 6, lines 23 to 27 (clause 14) - Leave out subsection (5).

No 13 Page 7, line 6 (clause 14) - Leave out “two” and insert “three”.

No 14 Page 7, line 19 (clause 14) - Leave out “An employee” and insert “A member of the academic or general staff”.

No 15 Page 7, line 21 (clause 14) - Leave out “An employee” and insert “A member of the academic or general staff”.

No 16 Page 10, lines 3 to 8 (clause 18) - Leave out paragraph (h)  and insert new paragraph as follows:-

(h)  two students of the University, one of whom must be a postgraduate student and one of whom must be an undergraduate student, appointed or elected in a manner determined by the Vice-Chancellor after consultation with the presiding member of the Students Association of the University.”

No 17 Page 10, line 18 (clause 18) - Leave out “An employee” and insert “A member of the academic or general staff”.


No 18 Page 12, line 2 (clause 20) - Leave out “nine” and insert “11”.

No 19 Page 12, lines 2 and 3 (clause 20) - Leave out “, at least five of whom are external members”.

No 20 Page 12, lines 8 to 12 (clause 20) - Leave out paragraph (b).

J M Davis, CLERK OF THE LEGISLATIVE COUNCIL

 

     Ordered - That the amendments be taken into consideration forthwith.

 

In Committee

     Resolved - That the 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 the same without amendment.

 

51   Suspension and resumption of sitting

     At 10.39 pm the sitting of the House was suspended.

     At 11.04 pm the Speaker resumed the Chair.

 

52   Conference - Statutes Amendment (Sentencing of Young Offenders) Bill

The Minister for Primary Industries reported - That the Managers have been at the Conference on the Statutes Amendment (Sentencing of Young Offenders) Bill, which was managed on the part of the Legislative Council by the Attorney-General (Hon K T Griffin), Hon J C Irwin, Hon S M Kanck, Hon P Nocella and Hon C A Pickles and we there received from the Managers on behalf of the Legislative Council the Bill, together with the resolution adopted by that House- That the disagreement to the Amendment of the House of Assembly be insisted on.

 

Thereupon the Managers for the two Houses conferred together and it was agreed that we should recommend to our respective Houses - That the House of Assembly does not further insist upon its amendment, but makes the following amendment in lieu thereof:-

Clause 30, page 7, lines 9 and 10 - Leave out all words in these lines after “is amended” and insert as follows:-

“ -

(a)   by striking out paragraph (b)  of subsection (2);

(b)   by inserting after subsection (2) the following subsection:

   (2a)  In imposing sanctions on a youth for illegal conduct -

(a)   regard should be had to the deterrent effect any proposed sanction may have on the youth; and

(b)   if the sanctions are imposed by a court on a youth who is being dealt with as an adult, regard should also be had to the deterrent effect any proposed sanction may have on other youths.”

And that the Legislative Council agree thereto.

 

Ordered - That the Speaker leave the Chair  and the House resolve itself into a Committee of the Whole for the consideration of the recommendations of the Conference.

 

In Committee

Resolved - That the recommendations of the Conference be agreed to.

____________

 

The House having resumed.

Hon H Allison reported that the Committee had considered the recommendations of the Conference and had agreed to the same.

 


53   Criminal Injuries Compensation (Levy) Amendment Bill

Ordered - That the recommendations of the Conference on this Bill be now taken into consideration.

 

In Committee

Resolved - That the recommendations of the Conference be agreed to.

____________

 

The House having resumed.

Hon H Allison reported that the Committee had considered the recommendations of the Conference and had agreed to the same.

 

54   Message from the Legislative Council

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

 

     Statutes Amendment (Sentencing of Young Offenders) Bill       Message No 167

MR SPEAKER - The Legislative Council, having considered the recommendations from the Conference on the Statutes Amendment (Sentencing of Young Offenders) Bill, has agreed thereto.

     Legislative Council, 1 August 1996                H P K Dunn, PRESIDENT

 

55   Adjournment

     House adjourned at 11.37 pm until Tuesday 27 August 1996 at 2.00 pm.

 

____________

 

 

     Present during the day - All Members except Hon G A Ingerson and Ms White.

 

 

 

 

 

                                                      G M Gunn

                                                      SPEAKER

 

G D Mitchell

CLERK OF THE HOUSE OF ASSEMBLY