411

 

 

                                                                                                   No. 55

 

 

                     VOTES AND PROCEEDINGS

 

                            OF THE

 

                       HOUSE OF ASSEMBLY

 

 

                                                                                                                        

 

 

                                                                                TUESDAY 28 APRIL 1992

 

 

 1             Meeting of House

                The House met pursuant to adjournment. 

                   

 2             Absence of Speaker

                The Clerk informed the House that owing to absence overseas on Commonwealth                                Parliamentary Association business, the Speaker will not be able to attend the House this week.

 

 3             Appointment of Deputy Speaker

                The Deputy Premier (Hon. D.J. Hopgood) moved - That, pursuant to section 35 of the

                    Constitution Act 1934 and Standing Order 18 the Honourable Member for Elizabeth (Mr M.J. Evans), Chairman of Committees do take the Chair of this House as Deputy Speaker to fill temporarily the office and perform the duties of the Speaker during his absence on Commonwealth Parliamentary Association business.

                In the absence of any other nomination, Mr M.J. Evans was declared elected as Deputy

                    Speaker.

 

 4             Prayers

                The Deputy Speaker (Mr M.J. Evans) took the Chair and read prayers.

 

 5             Conference - MFP Development Bill

                The Premier (Hon. J.C. Bannon) reported as follows:

                    "I have to report that the Managers have been at the Conference on the MFP Development

                    Bill, which was managed on the part of the Legislative Council by the Attorney-General (Hon. C.J. Sumner), Hon. M.J. Elliott, Hon. K.T. Griffin, Hon. R.I. Lucas and Hon. T.G. Roberts and we there received from the Managers on behalf of the Legislative Council the Bill and the following Resolution adopted by that House: That the disagreement to Amendments Nos 1 to 10, 14 to 21, 28, 29, 31, 33 to 35 and 39 and the suggested amendment of the Legislative Council be insisted on.  And thereupon the Managers for the two Houses conferred together and it was agreed that -

            As to Amendment No. 1 -

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

            As to Amendment No. 2 -

                    That the House of Assembly do not insist on its disagreement to this amendment.

            As to Amendment No. 3 -

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

 

 

                                                                                                     412

 

 

            As to Amendment No. 4 -

                    That the Legislative Council do not further insist on this amendment and the House of

                          Assembly make the following amendment in lieu thereof:

                               Page 2, line 5 (clause 3) - Leave out "proclamation under this section" and insert

                               "regulation".

                    and that the Legislative Council agree thereto.

            As to Amendments Nos 5 and 6 -

                    That the Legislative Council do not further insist on these amendments.

            As to Amendments Nos 7 and 8 -

                    That the House of Assembly do not insist on its disagreement to these amendments.

            As to Amendments Nos 9 and 10 -

                    That the Legislative Council do not further insist on these amendments and the House of

                          Assembly make the following amendments in lieu thereof:

                               Page 2, line 23 (clause3) - Leave out "Subject to subsection (3), the Governor may, by

                               proclamation" and insert "The Governor may, by regulation".

                               Page 2, lines 27 to 31 (clause 3) - Leave out subclause (3).

                    and that the Legislative Council agree thereto.

            As to Amendment No. 14 -

                    That the Legislative Council do not further insist on this amendment and the House of

                          Assembly make the following amendment in lieu thereof:-

                          Page 4, line 3 (clause 8) - Leave out "plan and develop and manage" and insert "plan and manage and co-ordinate the development of".

                    and that the Legislative Council agree thereto.

            As to Amendment No. 15 -

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

            As to Amendment No. 16 -

                    That the Legislative Council do not further insist on this amendment and the House of

                          Assembly make the following amendment in lieu thereof:

                               Page 4, lines 27 to 29 (clause 8) - Leave out subclause (2) and insert -

                                    "(2) In carrying out its operations, the Corporation may consult with and draw on the expertise of -

                                         (a)      administrative units and other instrumentalities of the State;

                                         and

                                         (b)     Commonwealth Government and local government bodies,

                               with responsibilities in areas related to or affected by those operations and may draw on the expertise of non-government persons and bodies with expertise in areas related to those operations."

                    and that the Legislative Council agree thereto.

            As to Amendment No.17 -

                    That the Legislative Council do not further insist on this amendment and the House of

                          Assembly make the following amendment in lieu thereof:-

                               Page 4, line 34 (clause 9) - Leave out paragraph (b).

                    and that the Legislative Council agree thereto.

            As to Amendment No.18 -

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

            As to Amendment No.19 -

                    That the Legislative Council do not further insist on this amendment and the House of

                          Assembly make the following amendment in lieu thereof:-

                               Page 5, - After line 16 insert new clause as follows:-

                               "11a.Environmental impact statement for MFP core site The Corporation must not cause or permit any work that constitutes development within the meaning of the Planning Act 1982 to be commenced within the part of the MFP core site shown as Area A in Schedule 1 unless the development is of a kind contemplated by proposals for development in relation to which an environmental impact statement has been prepared and officially recognised under Division II of Part V of that Act."

 

 

                                                                                                     413

 

                    and that the Legislative Council agree thereto.

            As to Amendment No.20 -

                    That the Legislative Council do not further insist on this amendment and the House of

                          Assembly make the following amendments in lieu thereof:-

                               Page 5, line 18 (clause 12) - After "land" insert "within a development area".

                               Page 5, lines 20 and 21 (clause 12) - Leave out "MFP core site or brought within the MFP core site by proclamation under this Act" and insert "area of the MFP core site defined in Schedule 1".

                    and that the Legislative Council agree thereto.

            As to Amendment No.21 -

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

            As to Amendment No.28 -

                    That the Legislative Council do not further insist on this amendment and the House of

                          Assembly make the following amendment in lieu thereof:-

                               Page 10, lines 17 to 31 (clause 25) - Leave out subclause (2) and insert -

                               "(2) The members of the Advisory Committee must include:

                                         (a)      a person selected by the State Minister from a panel of three nominated by the Local Government Association of South Australia;

                                         (b)     a person selected by the State Minister from a panel of three nominated by the Conservation Council of South Australia Incorporated;

                                         (c)      a person selected by the State Minister from a panel of three nominated by the South Australian Council of Social Service Incorporated;

                                         (d)     a person selected by the State Minister from a panel of three nominated by the Chamber of Commerce and Industry S.A. Incorporated;

                                         (e)      a person selected by the State Minister from a panel of three nominated by the United Trades and Labour Council of South Australia;

                                         (f) a person who will, in the opinion  of the State Minister, provide expertise in

                                                   matters relating to education;

                                         (g)     a person who will, in the opinion of the State Minister, provide expertise in matters relating to environmental health;

                                         and

                                         (h)     a person who will, in the opinion of the State Minister, appropriately represent the interests of local communities in the area of or adjacent to the MFP Core site."

                               and that the Legislative Council agree thereto.

               

            As to Amendment No.29 -

                    That the House of Assembly do not insist on its disagreement to this amendment.

            As to Amendment No.31 -

                    That the House of Assembly do not insist on its disagreement to this amendment.

            As to Amendment No.33 -

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

            As to Amendment No.34 -

                    That the Legislative Council do not insist on this amendment and the House of

                          Assembly make the following amendment in lieu thereof:-

                               Page 12 - After line 30 insert new clause as follows:

                                    32a.Reference of Corporation's operations to Parliamentary Committees (1) The Corporation's budgets are subject to annual scrutiny by the Estimates Committees of the Parliament.

                                         (2) The economic and financial aspects of the Corporation's operations and the

                                    financing of those operations are referred to the Economic and Finance Committee of the Parliament.

                                         (3) The environmental, resources, planning, land use, transportation and

                                    development aspects of the Corporation's operations are referred to the Environment, Resources and Development Committee of the Parliament.

                                                                                                     414

 

                                         (4) The Corporation must present reports to both the Economic and Finance

                                    Committee and the Environment, Resources and Development Committee detailing the Corporation's operations as follows:

                                         (a)      a report detailing the Corporation's operations during the first half of each financial year must be presented to both Committees on or before the last day of February in that financial year;

                                         (b)     a report detailing the Corporation's operations during the second half of each financial year must be presented to both Committees on or before 31 August in the next financial year.

                                         (5) The Corporation may, when presenting a report to a Committee under this

                                    section, indicate that a specified matter contained in the report should, in the opinion of the Corporation, remain confidential, and, in that event, the Committee and its members must ensure that the matter remains confidential unless the Committee, after consultation with the Corporation and the State Minister, determines otherwise.

                                         (6) The Economic and Finance Committee must report to the House of Assembly

                                    not less than frequently than once in every 12 months on the matters referred to it under this section.

                                         (7) The Environment, Resources and Development Committee must report to both

                                    Houses of Parliament not less frequently than once in every 12 months on the matters referred to it under this section."

                    and that the Legislative Council agree thereto.

            As to Amendment No.35 -

                    That the House of Assembly do not insist on its disagreement to this amendment.

            As to Amendment No.39 -

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

            As to the Suggested Amendment -

                    That the Legislative Council do not further insist on this suggested amendment.

                   

                Ordered - That the recommendations of the Conference be taken into consideration

                    on motion.

               

6              Petitions Nos 287 to 293

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

 

                287 Mr D.S. Baker, from 43 residents of South Australia, requesting that the House urge

                    the Government not to introduce gaming machines into hotels and clubs.

 

                288 Hon.P.B. Arnold, from 438 residents of South Australia, requesting that the House urge

                    the Government to provide adequate services to the intellectually disabled.

 

                289 Mr Atkinson, from 1 666 residents of South Australia, requesting that the House urge

                    the Government to take action to stop the physical abuse of elderly citizens.

 

                290 Mr Becker, from 235 residents of South Australia, requesting that the House urge

                    the Government to stop reduced standards being created by publishers of certain magazines and posters debasing women.

 

                291 Mr Groom, from 4 200 residents of South Australia, requesting that the House urge

                    the Government to maintain levels of public investment in arts and cultural heritage.

 

                292 Mr Matthew, from 719 residents of South Australia, requesting that the House urge

                    the Government to make the purchase of tickets available on trains and that the needs of disadvantaged commuters be met.

 

 

 

                                                                                                     415

 

                293 Mr Matthew, from 532 residents of South Australia, requesting that the House urge

                    the Government to legislate to control graffiti.

 

7              Answers to questions

                Answers to questions on the Notice Paper Nos 334,353,381 to 383,403,416,418,420,421,428

                    433,435,438,443,449,450,497,498,500,502,503 and 530 and questions without notice were tabled by the Speaker.

 

8              Papers

                The following Papers were laid on the Table:

 

                By the Minister of Health (Hon.D.J. Hopgood) -

                    South Australian Council on Reproductive Technology - Report to 31 March 1992.

                    Controlled Substances Act 1984 - Regulations - Carfentanyl.

 

                By the Minister of Agriculture (Hon.L.M.F. Arnold) -

                    Agricultural Chemicals Act 1955 - Regulations - Fees.

                    Fees Regulation Act 1927 - Regulations - Stock Medicines Fees.

 

                By the Minister of Fisheries (Hon.L.M.F. Arnold) -

                    Fisheries Act 1982 - Regulation - Exotic Fish - Diseases.

               

                By the Minister of Education (Hon.G.J.Crafter) -

                    Director-General of Education - Report, 1991.

                    Privacy Committee of South Australia - Report, 1991.

                    Senior Secondary Assessment Board of South Australia - Report, 1991.

                    Corporations (South Australia) Act 1990 - Regulations - Leave Without Pay.

                    Ministerial Statement - Minister of Tourism - Conflict of Interest Inquiry.

 

                By the Minister of Transport (Hon.F.T. Blevins) -

                    Motor Fuel Licensing Board - Report, 1991-92.

                    Metropolitan Taxi-Cab Act 1956 - General Regulations.

 

                By the Minister of Recreation and Sport (Hon.M.K. Mayes) -

                    South Australian Sports Institute - Purchase Orders and Financial Delegations.

 

                By the Minister for Environment and Planning (Hon.S.M. Lenehan) -

                    Clean Air Act 1984 - Regulations - Fees.

 

                By the Minister of Employment and Further Education (Hon.M.D.Rann) -

                    District Council By-laws -

                          Beachport - No.7 - Bees.

                          Mallala-     

                               No.1 - Permits and Penalties.

                               No.2 - Streets and Public Places.

                               No.3 - Garbage Removal.

                               No.5 - Caravans and Camping.

                               No.6 - Animals and Birds.

                               No.7 - Bees.

                               No.8 - Foreshore.

                               No.9 - Repeal and Renumbering of By-laws.

 

9              Questions

                Questions without notice were asked.

 

 

                                                                                                     416

 

10           Grievance debate

                The Deputy Speaker proposed that the House note grievances.

                Debate ensued.

                Question put and passed.

 

11           Message from the Legislative Council

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

 

                Supply Bill (No.1)                                                                                Message No.109

                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 financial year ending on 30 June, 1993, without any amendment.

                Legislative Council,15 April 1992                                                      G.L. Bruce, PRESIDENT

 

12           MFP Development Bill - Conference

                Ordered - That the recommendations of the Conference on the MFP Development Bill

                    be now taken into consideration.

                Ordered - That the Speaker do now 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:

                Mrs Hutchison reported that the Committee had considered the recommendations of the

                    Conference and had agreed to the same.

 

13           Postponement of business

                Ordered - That Order of the Day (Government Business) No.1 be postponed and taken

                    into consideration after Order of the Day (Government Business) No.20.

 

14           Racing (Interstate Totalizator Pooling) Amendment Bill

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

                    Racing (Interstate Totalizator Pooling) Amendment Bill be now read a second time.

                Debate resumed.

                Question put and passed.

 

                Bill read a second time.

 

                                                                                            In Committee

                                                             Clauses Nos 1 to 5 agreed to.

                                                             Title agreed to.

 

                                                                                                                       

 

                The House having resumed:

                Mrs Hutchison reported that the Committee had considered the Bill referred to it and had

                    agreed to the same without amendment.

 

                Bill read a third time and passed.

               

15           Postponement of business

                Ordered - That Orders of the Day (Government Business) Nos 3 to 19 be postponed and taken

                    into consideration after Order of the Day (Government Business) No.1.

 

 

                                                                                                     417

 

16           Local Government (Reform) Amendment Bill

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

                    Local Government (Reform) Amendment Bill be now read a second time.

                Debate resumed.

                Question put and passed.

 

                Bill read a second time.

 

                                                                                            In Committee

                                                             Clause No.1 agreed to.

                                                             Clause No.2 read.

                To report progress and ask leave to sit again.

 

                                                                                                                         

 

                The House having resumed:

                Mrs Hutchison 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.

 

17           Postponement of business

                Ordered - That Orders of the Day (Government Business) Nos 1 and 3 to 13 to be postponed

                    and taken into consideration after Order of the Day (Government Business) No.14.                                              

18           Associations Incorporation (Miscellaneous) Amendment Bill

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

                    Incorporation (Miscellaneous) Amendment Bill be now read a second time.

                Debate resumed.

                Question put and passed.

 

                Bill read a second time.

                                                                                            In Committee

                                                             Clauses Nos 1 to 12 agreed to.

                                                             Clause No.13 amended and agreed to.

                                                             Clause No.14 agreed to.

                                                             Clause No.15 read.

                Mr Oswald moved on page 8, line 11, to leave out the words "and procedure at".

                Question put and negatived.

                                                             Clause agreed to.

                                                             Clauses Nos 16 to 20 agreed to.

                                                             Clauses Nos 21 to 23 amended and agreed to.

                                                             Clause No.24 agreed to.

                                                             Clause No.25 amended and agreed to.

                                                             Clause No.26 agreed to.

                                                             Clause No.27 read.

                Mr Oswald moved on page 18, after line 10, to insert new section as follows:

                    41aa.Compensation (1) The Minister may pay compensation to any association that has

                    suffered loss in consequence of the incorporation of that association being obtained by mistake of the Commission.

                          (2)      An application for compensation under this section -

                          (a)           must be in writing;

                          (b)          must be made in a manner and form determined by the Minister;

                          and

                          (c)           must be supported by such evidence as the Minister may require.

                Question put and negatived.

                                                                                                     418

 

 

                                                             Clause otherwise amended and agreed to.

                                                             Clause No.28 amended and agreed to.

                                                             Clauses Nos 29 to 34 agreed to.

                                                             New Clause No.34a inserted.

                                                             Clauses Nos 35 to 46 agreed to.

                                                             New Clause No.47 inserted.

                                                             Schedules 1 and 2 agreed to.

                                                             New Schedule 3 inserted.

                                                             Title agreed to.

 

                                                                                                                       

 

                The House having resumed:

                Mrs Hutchison 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           Building Societies (Share Capital) Amendment Bill

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

                    (Share Capital) 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.

 

20           Postponement of business

                Ordered - That Orders of the Day (Government Business) Nos 3 to 13, 15 to 19 and 21 be

                    postponed and taken into consideration after Order of the Day (Government Business) No.23.                          

 

21           South Australian Office of Financial Supervision Bill

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

                    Office of Financial Supervision Bill be now read a second time.

                Debate resumed.

                Question put and passed.

 

                Bill read a second time.

 

                                                                                            In Committee

                                                             Clauses Nos 1 to 38 agreed to.

                    To report progress and ask leave to sit again.

 

                                                                                                                         

 

 

                The House having resumed:

                Mrs Hutchison 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.

 

 

 

 

 

                                                                                                     419

22           Extension of time for adjournment

                The Minister of Education moved - That the time for moving the adjournment of the House be extended beyond 10.00 p.m.

                Question put and passed.

 

23           South Australian Office of Financial Supervision Bill

                Ordered - That further consideration in Committee of the South Australian Office of

                    Financial Supervision Bill be now resumed.

 

                                                                                            In Committee

                                                             Clause No. 39 further considered and agreed to.

                                                             Clauses Nos 40 to 43 agreed to.

                                                             Title agreed to.

 

                                                                                                                       

 

                The House having resumed:

                Mrs Hutchison reported that the Committee had further considered the Bill referred to it and

                    had agreed to the same without amendment.

 

                Bill read a third time and passed.

                 

 

 

24           Messages from the Legislative Council

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

 

                Parliamentary Superannuation (Miscellaneous)

                    Amendment Bill                                                                              Message No.110

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

                    titled an Act to amend the Parliamentary Superannuation Act 1974, without any amendment.

                Legislative Council, 28 April 1992                                                     G.L. Bruce, PRESIDENT

 

                MFP Development Bill                                                                                       Message No.111

                MR SPEAKER - The Legislative Council having considered the recommendations from the

                    Conference on the MFP Development Bill has agreed to the same.  The Bill is returned herewith.

                Legislative Council, 28 April 1992                                                     G.L. Bruce, PRESIDENT

 

25           Financial Institutions (Application of Laws) Bill

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

                    Institutions (Application of Laws) Bill be now read a second time.

                Debate resumed.

                Question put and passed.

 

                Bill read a second time.

 

                                                                                            In Committee

                                                             Clause No.1 agreed to.

                                                             Clause No.2 read.

                    To report progress and ask leave to sit again.

 

                                                                                                                         

 

 

 

 

 

                                                                                                     420

                The House having resumed:

                Mrs Hutchison 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 tomorrow.

 

26           Adjournment

                House adjourned at  10.38 p.m. until tomorrow at 2.00 p.m.

 

                                                                                                                        

 

 

                                                               MOTIONS OF WHICH NOTICE WAS GIVEN

 

For Wednesday 29 April 1992

                Notice of Motion: Government Business -

 

The Minister of Transport to move - Thae he have leave to introduce a Bill for an Act to amend

                the State Transport Authority Act 1974.

 

                Notice of Motion: Private Members Bills -

 

Mr Lewis to move - That he have leave to introduce a Bill for an Act to amend the Stamp Duties

                Act 1923.

 

For Thursday 30 April 1992

                Notices of Motion: Other Motions -

 

Mr Gunn to move - That this House supports the Australian Wheat Board retaining the sole right to

                export wheat from Australia and calls on the State and Federal Governments to strongly support the Board in its important role on behalf of the wheat growers of this country.

 

Mr S.J. Baker to move - That this House, on behalf of all South Australians, expresses its extreme

                concern over the statements of the Prime Minister involving Australia's nationhood and our flag to deflect attention from his abysmal economic performance and expresses its disgust at his repudiation of our flag during his recent visit to Indonesia.

 

                                                                                                                         

 

                Present during the day - All the Members except Mr Atkinson and Hon.N.T.Peterson.

 

 

 

 

 

 

 

 

                                                                              

                                                                                                                                                                M.J.Evans

                                                                                                                                                                DEPUTY SPEAKER

                   

 

G.D. Mitchell

CLERK OF THE HOUSE OF ASSEMBLY