No. 55

 

                     VOTES AND PROCEEDINGS

 

                            OF THE

 

                       HOUSE OF ASSEMBLY

 

                                                                                                                        

 

 

                                                                              THURSDAY 22 APRIL 1993

 

 

 1             Meeting of House

                The House met pursuant to adjournment.  The Speaker (Hon. N.T. Peterson) took the

                    Chair and read prayers.

 

 2             Select Committee on Health Administration

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

                Ordered - That the time for bringing up the Report be extended until the first day of the

                    next Session and that the Committee have power to act during the recess.

 

 3             Young Offenders Bill

                Order of the Day read for the adjourned debate on the question - That the Young

                    Offenders Bill be now read a second time.

                Debate resumed.

                Question put and passed.

 

                Bill read a second time.

 

                                                                                            In Committee

                                                             Clauses Nos 1 and 2 agreed to.

                                                             Clause No. 3 amended and agreed to.

                                                             Clauses Nos 4 to 7 agreed to.

                                                             Clause No. 8 read.

                To report progress and ask leave to sit again.

                                                                                                                         

 

                The House having resumed:

                Mr Ferguson reported that the Committee had considered the Bill referred to it, had made

                    progress therein and asked leave to sit again.

                Ordered - That the Committee have leave to sit again on motion.

 

 4             Message from the Governor

                The following Message from the Governor was received and read:

 

                Tobacco Products (Licensing) (Fees) Amendment Bill -

                  Recommending                                                                                                  Message No. 27

                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 Tobacco (Licensing) (Fees) Amendment Bill 1993.

                Government House, Adelaide, 22 April 1993                                                   R.F. Mitchell, GOVERNOR

 

 5             Petition Nos 164 and 165

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

 

                164    Mr S.G. Evans from 351 residents of South Australia, requesting that the House urge

                    the Government to preserve Craigburn Farm.

 

                165    Mr Lewis from 44 residents of South Australia, requesting that the House urge the

                    Government to make the driving of stolen vehicles at high speed and ram-raiding serious offences incurring a mandatory prison sentence regardless of the age of the offender.

 

 6             Papers

                The following Papers were laid on the Table:

 

                By the Minister of Housing, Urban Development and Local Government Relations (Hon.

                  G.J. Crafter) -

                Corporation of Mitcham - By-laws -

                    No. 2  -  Street Traders

                    No. 3  -  Garbage Removal

                    No. 4  -  Fire Prevention

                    No. 8  -  Poultry

                    No. 9  -  Bees.

 

 7             Questions

                Questions without notice were asked.

 

 8             Suspension of Standing Orders

                The Deputy Premier (Hon. F.T. Blevins), without notice, moved - That Standing Orders be so far suspended as to enable the Premier and Treasurer to make statements without time limit and before the proposition that the House note grievances.

                Question put and passed, without a negative voice, there being present an absolute

                majority of the whole number of Members of the House.

 

 9             Grievance debate

                The Speaker proposed - That the House note grievances.

                Debate ensued.

                Question put and passed.

 

10           Next day of sitting

                The Deputy Premier moved - That the House, at its rising, adjourn until tomorrow at            10.30 a.m.

                Question put and passed.

 

11           Suspension of Standing and Sessional Orders

                The Deputy Premier, without notice, moved - That Standing and Sessional Orders be so far suspended as to enable the routine of business on Fridays after 2.00 p.m. to be as set down for Thursdays after 2.00 p.m.

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

 

12           Suspension of Standing and Sessional Orders

                The Deputy Premier, without notice, moved - That Standing and Sessional Orders be so far                               suspended as to enable the introduction of four Bills without notice, forthwith.

                Question put and passed, witout a negative voice, there being present an absolute majority of the whole number of Members of the House.

 

 

 

13           Liquor Licensing (Fees) Amendment Bill

                The Treasurer (Hon. F.T. Blevins), without notice, moved - That he have leave to

                    introduce a Bill for an Act to amend the Liquor Licensing Act 1985.

                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 Mr S.J. Baker, that the debate be adjourned until tomorrow.

 

14           Tobacco Products (Licensing) (Fees) Amendment Bill

                The Treasurer, pursuant to notice, moved - That he have leave to introduce a Bill for an

                    Act to amend the Tobacco Products (Licensing) Act 1986.

                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 Mr S.J. Baker, that the debate be adjourned until tomorrow.

 

15           Financial Institutions Duty (Reduction of Duty) Amendment Bill

                The Treasurer, pursuant to notice, moved - That he have leave to introduce a Bill for an

                    Act to amend the Financial Institutions Duty Act 1983.

                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 Mr S.J. Baker, that the debate be adjourned until tomorrow.                   

16           Superannuation (Voluntary Separation) Amendment Bill

                The Treasurer, pursuant to notice, moved - That he have leave to introduce a Bill for an

                    Act to amend the Superannuation Act 1988.

                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 Mr S.J. Baker, that the debate be adjourned until tomorrow.

 

17           Message from the Legislative Council

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

 

                Superannuation (Visiting Medical Officers) Bill                                                         Message No. 114

                MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith,

                    titled an Act to make certain provisions relating to superannuation for visiting medical officers; and for other purposes, without any amendment.

                Legislative Council, 21 April 1993                                                                     G.L. Bruce, PRESIDENT

 

18           Young Offenders Bill

                Ordered - That the further consideration in Committee of the Young Offenders Bill be

                    now resumed.

                                                                                            In Committee

                                                   Clause No. 8 further considered, amended and agreed to.

                                                   Clause No. 9 amended and agreed to.

                                                   Clauses Nos 10 to 12 agreed to.

                                                   New Clause No. 12a inserted.

                                                   Clause No. 13 read.

 

 

 

                Hon. D.C. Wotton moved on page 10, lines 10 to 12, to leave out the words "explain to the youth the nature of the allegations against him or her, and inform the youth of his or her right to seek legal representation" and insert in lieu thereof subclauses as follow:

                    "(a)    explain to the youth the nature of the allegations against him or her; and

                     (b)    inform the youth of his or her right to seek legal representation; and

                     (c)     take all reasonable steps to inform the guardians of the youth of the arrest and

                               invite them to be present during any interrogation or investigation to which the youth is subjected while in custody."

                Question put and negatived.

                                                   Clause agreed to.

                                                   Clauses Nos 14 to 20 agreed to.

                                                   Clauses Nos 21 and 22 amended and agreed to.

                                                   Clauses Nos 23 and 24 agreed to.

                                                   Clause No. 25 amended and agreed to.

                                                   Clauses Nos 26 to 50 agreed to.

                                                   Clause No. 51 read.

                Hon. D.C. Wotton moved on page 29, line 5, after the word "youth" to insert the words "(or in the case of a youth under the guardianship of the Minister of Health, Family and Community Services, the Minister)".

                Question put and negatived.

                Hon. D.C. Wotton moved on page 29, line 5, after the word "compensation" to insert the words "(up to maximum of $10 000)".

                Question put and negatived.

                Hon. D.C. Wotton moved, on page 29, lines 10 to 12, to leave out subclause (3) and to

                    insert in lieu thereof subclause as follows:

                    (3) An order cannot be made under this section unless the Court is satisfied that the parent or the Minister (as the case may require) did not generally exercise, so far as reasonably practicable in the circumstances, an appropriate level of supervision and control over the youth's activities.  

                Question put and negatived.

                                                             Clause otherwise amended and agreed to.

                                                             Clause No. 52 amended and agreed to.

                                                             Clauses Nos 53 to 55 agreed to.

                                                             Clause No. 56 read.

                Hon. D.C. Wotton moved, on page 31, line 32 to leave out the words "subsection (1)" and to insert in lieu thereof the words "this section".

                Question put and negatived.

                                                             Clause agreed to.

                                                             Clauses Nos 57 to 65 agreed to.

                                                             Clause No. 8 reconsidered.

                Mrs Kotz moved on page 5, lines 32 to 34, to reinsert subclause (5) and on page 6, lines 20                                 and 21 to reinsert subsection (6).

                Question put and negatived.

                                                             Clause as previously amended agreed to.

                                                             Title agreed to.

 

                                                                                                                       

 

                The House having resumed:

                Mr Ferguson 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.

 

 

 

 

19           Message from the Legislative Council

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

 

                Criminal Injuries Compensation (Miscellaneous) Amendment Bill        Message No. 115

                MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Criminal Injuries Compensation Act 1978, to which it desires the concurrence of the House of Assembly.

                The Legislative Council draws the attention of the House of Assembly to clause 8, printed in erased type, which clause, being a money clause, cannot originate in the Legislative Council, but which is deemed necessary to the Bill.

                Legislative Council, 22 April 1993                                                                     G.L. Bruce, PRESIDENT

 

                Bill read a first time.

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

 

20           Youth Court Bill

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

                Debate resumed.

                Question put and passed.

 

                Bill read a second time.

 

                                                                                            In Committee

                                                             Clauses Nos 1 to 6 agreed to.

                                                             Clause No. 7 amended and agreed to.

                                                             Clause No. 8 agreed to.

                                                             Clause No. 9 read.

                Hon. D.C. Wotton moved on page 3, after line 13, to insert new subclause as follows:

                "(3A)     A District Court Judge may not be designated as a Judge of the Court except with the concurrence of the Chief Judge of the District Court."

                Question put and negatived.

                Hon. D.C. Wotton moved on page 3, after line 15, to insert new subclause as follows:

                "(4A)     A Magistrate may not be designated as a Magistrate of the Court except with the concurrence of the Chief Magistrate and the Senior Judge of the Court."

                Question put and negatived.

                The Minister of Health, Family and Community Services moved on page 3, lines 16 to 20, to leave out subsections (5), (6) and (7) and to insert new subclause in lieu thereof:

                (5)     The justices and special justices of the Court are justices and special justices designated by proclamation as justices and special justices of the Court.

                (6)     The designation of a person as a member of the Court's judiciary does not prevent the person from performing judicial functions unrelated to the Court.

                (7)     A proclamation designating a person as a member of the Court's judiciary must clarify the person either as a member of the Court's principal judiciary (i.e. those members of its judiciary who are to be occupied predominantly in the Court) or as a member of the Court's ancillary judiciary (i.e. those members of its judiciary who are not occupied predominantly in the Court).

                (8)     A proclamation designating a person as a member of the Court's principal judiciary must, subject to subsection (9), state a term for which the person is to be a member of the Court's principal judiciary.

                (9)     A person cannot be a member of the Court's principal judiciary for a term exceeding five years, or a series of terms exceeding five years in aggregate, unless that person is one of the first members of the Court's judiciary, in which case the proclamation designating that person as a member of the Court's principal judiciary for a term of up to 10 years.

 

 

                (10) A proclamation under this section may, subject to this section, be varied or revoked                                    by subsequent proclamation.

 

                Amendment to amendment

                Hon. D.C. Wotton moved to amend the amendment by inserting in subsection (8), the words "(being not less than 5 years nor more than 10 years)" after the word "term," and to leave out subsection (9) and to insert in lieu thereof the following subclause:

                (9)     A person cannot be a member of the Court's principal judiciary for a term exceeding 10 years, or a series of terms exceeding 10 years.

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

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

                                                             Clause as amended, agreed to.

                                                             Clauses No. 10 to 21 agreed to.

                                                             Clause No. 22 amended and agreed to.

                                                             Clause No. 23 agreed to.

                                                             Clause No. 24 amended and agreed to.

                                                             Clauses Nos 25 to 33 agreed to.

                                                             Title agreed to.

 

                                                                                                                       

 

                The House having resumed:

                Mr Ferguson 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.

 

21           Extension of time for adjournment

                The Minister of Health, Family and Community Services (Mr M.J. Evans) moved - That                       the time for moving the adjournment of the House be extended beyond 10.00 p.m.

                Question put and passed.

 

22           Education (Truancy) Amendment Bill

                Order of the Day read for the adjourned debate on the question - That the Education                           (Truancy) Amendment Bill be now read a second time.

                Debate resumed.

                Question put and passed.

 

                Bill read a second time.

                By leave, House proceeded to the third reading.

 

                Bill read a third time and passed.

 

23           Dried Fruits Bill

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

                Debate resumed.

                Question put and passed.

 

                Bill read a second time.

                                                                                            In Committee

                                                             Clauses Nos 1 to 6 agreed to.

                                                             Clause No. 7 amended and agreed to.

                                                             Clauses Nos 8 to 29 agreed to.

                                                             Clause No. 30 amended and agreed to.

 

 

                                                             Clauses Nos 31 to 33 agreed to.

                                                             Clause No. 34 amended and agreed to.

                                                             Clauses Nos 35 to 41 agreed to.

                                                             Schedule agreed to.

                                                             Title agreed to.

 

                                                                                                                       

 

                The House having resumed:

                Mr Ferguson reported that the Committee had considered the Bill referred to it and had                       agreed to the same with amendments.

 

                Bill read a third time and passed.

 

24           Adjournment

                House adjourned at 11.34 p.m. until tomorrow at 10.30 a.m.

 

                                                                                                                        

 

 

                                                               MOTIONS OF WHICH NOTICE WAS GIVEN

 

For Wednesday 28 April 1993

                Notice of Motion: Government Business -

 

The Premier to move - That the Economic Statement of Thursday 22 April be noted.

 

                Notices of Motion: Other Motions -

 

Mr Gunn to move - That this House calls on the Government to increase financial assistance to parents of isolated students to enable them to have access to educational facilities.

 

Mr Gunn to move - That this House calls on the Premier to honour the financial undertakings made by him to Imparja Television on behalf of the Government at the time of the licence hearings; notes the important contribution Imparja has made to a large section of the community; and congratulates Imparja on having successfully operated for five years.

 

Mr Gunn to move - That this House calls on the Government to oppose any suggestions or propositions by the Federal Government to apply to have the Lake Eyre Basin placed on the World Heritage List.

 

                                                                                                                         

 

                Present during the day - All the Members.

 

 

 

 

 

 

                                                                                                                                                                N.T. Peterson

                                                                                                                                                                SPEAKER

 

D.A. Bridges

ACTING CLERK OF THE HOUSE OF ASSEMBLY