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No.55

 

 

VOTES AND PROCEEDINGS

 

 

OF THE

 

 

HOUSE OF ASSEMBLY

 

 

___________

 

WEDNESDAY 10 APRIL 1991

 

 

1          Meeting of House

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

 

2          Petitions Nos 109 to 113

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

 

109  Hon. E.R. Goldsworthy, from 400 residents of South Australia, requesting that the House urge the Government to retain the present hours of operation for the River Murray ferries.

 

110  Hon. E.R. Goldsworthy, from 414 residents of South Australia requesting that the House urge the Government to install a pedestrian crossing in the main street of Gumeracha.

 

111  Mr Lewis, from 913 residents of South Australia, requesting that the House urge the Government to retain the Purnong Ferry as a twenty‑four hour service.

 

112  Mr Lewis, from 191 residents of South Australia, requesting that the House urge the Government not to close the Narrung Police Station.

 

113  Mr Lewis, from 3 052 residents of South Australia, requesting that the Government to retain the Walker Flat Ferry as a twenty‑four hour service.

 

3          Papers

The following Papers were laid on the Table:

 

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

        Royal Commission into Aboriginal Deaths in Custody ‑

                Reports of the Inquiries into the Deaths of ‑

                        A Man who died at Oodnadatta on 21 December 1983.

                        Keith Edward Karpany.

                        Edward Frederick Betts.

 

 

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4          Joint Committee on Subordinate Legislation ‑ Minutes of Proceedings

Mr McKee, by leave, brought up the Joint Committee on Subordinate Legislation Minutes of Proceedings of 10 April.

Minutes received.

 

5          Joint Committee on Subordinate Legislation ‑ Minutes of Evidence

Mr McKee brought up the Minutes of Evidence given before the Joint Committee on Subordinate Legislation on Regulations under the Planning Act 1982 relating to Coastal Development and Commission Powers.

Minutes received.

 

6          Questions

Questions without notice were asked.

 

7          Message from the Legislative Council

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

 

South Australian Metropolitan Fire Service (Miscellaneous Powers)

        Amendment Bill                                                                                                              Message No. 107

MR SPEAKER ‑ The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the South Australian Metropolitan Fire Service Act, 1936; and to make consequential amendments to the Expiation of Offenders Act, 1987, with the amendments indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

Legislative Council, 9 April 1991                                                                           G.L. Bruce, PRESIDENT

 

Schedule of the amendments made by the Legislative Council.

No. 1.      Page 2 (clause 7) ‑ After line 14 insert subparagraph as follows:‑

"(iiia)      on a vessel whether at sea or anywhere not in a C.F.S. region (within the meaning of the Country Fires Act 1989);".

No. 2.      Page 2, lines 18 and 19 (clause 7) ‑ Leave out all words in these lines.

No. 3.      Page 4, line 1 (clause 8) ‑ Leave out all words in this line and substitute:‑

'"public building" includes any structure or place, (whether permanent or temporary or fixed or moveable) that is enclosed or partly enclosed ‑'.

No.4.       Page 4 (clause 8) ‑ After line 7 insert new subclause as follows:‑

        "(2)  This Division applies only to a building, vessel, vehicle or place in a fire district."

No. 5.      Page 4 (clause 8) ‑ After line 39 insert new subclause as follows:‑

"(3a) Where a notice containing a rectification orderis served on the occupier of the building, the Chief Officer or authorized officer must as soon as practicable cause a copy of the notice to be served on the Building Fire Safety Committee established under the Building Act 1971 for the area in which the building is situated."

No. 6.      Page 5 (clause 8) ‑ After line 27 insert new subclause as follows:‑

"(5a) Where a notice containing a closure order is served on the occupier of the building, the Chief Officer or authorized officer must as soon as practicable cause a copy of the notice to be served on the Building Fire Safety Committee established under the Building Act 1971 for the area in which the building is situated."


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No. 7.      Page 7, lines 26 to 29 (clause 13) ‑ Leave out all words in these lines and substitute:‑

        "(a) conceal, remove, interfere with or obstruct access to ‑

                (i)    a fireplug, hydrant, booster or suction point;

(ii)   a mark or sign used for the purpose of indicating the presence of a fireplug, hydrant, booster or suction point;".

                                                                                    C.H. Mertin, CLERK OF THE LEGISLATIVE COUNCIL.

 

Ordered ‑ That consideration of the Message be an Order of the Day for tomorrow.

 

8          Spent Convictions Bill

Order of the Day read for the second reading of the Spent Convictions Bill.

The Minister of Education moved ‑ That this Bill be now read a second time.

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

 

9          Statutes Amendment (Criminal Law Sentencing) Bill

Order of the Day read for the second reading the Statutes Amendment (Criminal Law Sentencing) Bill.

The Minister of Education moved ‑ That this Bill be now read a second time.

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

 

10       Criminal Law Consolidation (Self Defence) Amendment Bill

Order of the Day read for the adjourned debate on the question ‑ That the Criminal Law Consolidation (Self Defence) 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.

Mrs Kotz moved, on page 1, line 19, after the words "reasonably necessary" to insert the words "in the circumstances (as he or she genuinely believes them to exist)" and line 25 after the words "reasonably necessary" to insert the words "in the circumstances (as he or she genuinely believes them to exist)".

Question ‑ That the amendments be agreed to ‑ put and negatived.

                                                                    Clause agreed to.

                                                                    Title agreed to.

___________

 

The House having resumed:

Mr M.J. Evans 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.


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11       Postponement of business

Ordered ‑ That Order of the Day (Government Business) No.4 be postponed and taken into consideration after Order of the Day (Government Business) No.8.

 

12       Land Agents, Valuers and Brokers (Incorporated Land Brokers) Amendment Bill

Order of the Day read for the adjourned debate on the question ‑ That the Land Agents, Valuers and Brokers (Incorporated Land Brokers) Amendment Bill be now read a second time.

Debate resumed.

Question put and passed.

 

Bill read a second time.

By leave, the House proceeded to the third reading.

 

Bill read a third time and passed.

 

13       Private Parking Areas (Disabled Persons Parking) Amendment Bill

Order of the Day read for the adjourned debate on the question ‑ That the Private Parking Areas (Disabled Persons Parking) 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.

 

14       Parks Community Centre (Miscellaneous) Amendment Bill

Order of the Day read for the adjourned debate on the question ‑ That the Parks Community Centre (Miscellaneous) 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.

 

15       Fisheries ‑ Motion for Select Committee

The Minister of Fisheries (Hon. L.M.F. Arnold), pursuant to notice, moved ‑ That a Select Committee be established to examine ‑

        (a)   the owner operator policy that applies to the South Australian Abalone Fishery;

(b)   the potential impact on biological and resource management (including enforcement) requirements for the fishery;

(c)   equity issues with regard to the distribution of benefits between existing (current licence holders), intergenerational and community interests;

 


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                (d)   application of occupational health and safety standards for employee divers;

(e)   possible implication of the application of the Workers Compensation and Rehabilitation Act 1986;  and

(f)    any possible implications relaxation of the policy may have on the nature of investment in the fishery.

Mr Meier moved after subparagraph (f) to insert new paragraphs as follow:

(2)    (a)  the current state of the Gulf St. Vincent Prawn Fishery and the reasons for its present catch rates;

(b)   the possibility of a further steep decline in catch and whether its current stock or recruitment levels are evidence of the fishery already being in collapse;

(c)   the biological and resource management (including enforcement) requirements for the fishery;

(d)   past and present management policies and practices adopted in the fishery by the Department of Fisheries; and

(e)   whether the Fisheries (Gulf St. Vincent Prawn Fishery Rationalisation) Act 1987 should be amended;

(3)   (a)   the biological and resource management (including enforcement) requirements for the shark fishery;

                (b)   the distribution of shark fish resources between the various commercial operators;

(c)   the effects of short and long term closures on the industry and on South Australia as a whole; and

(d)   the relationship between the Commonwealth and State fisheries and future options;

        and

(4)   (a)   the distribution of marine scale fish resources between the various commercial and recreational sectors;

(b)   the biological and resource management (including enforcement) requirements for the fishery;

(c)   the nature of investment both in the commercial and recreational sectors of the fishery; and

(d)   the management of the marine scale fishery.

Debate continued.

The Minister of Fisheries moved to amend the amendment by leaving out all words after the word "insert" and to insert new paragraph as follows:

(2)   That a further Select Committee be established to examine and make recommendations on the management options for the Gulf St. Vincent Prawn Fishery, with particular reference to:

        (a)   sustainable stock levels and harvests, bearing in mind:

                (i)            the biological status of the prawn stocks;  and

                (ii)   harvesting strategies applied to the fishery;

(b)   the licence rationalisation program and the surcharge options available to service the debt to finance the scheme;

        (c)   optimum fleet size including:

                (i)    boat replacement requirements (size and age of vessels);

                and

                (ii)   past management and future options.

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

Question ‑ That the amendment, as amended, be agreed to ‑ put and passed.

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

 

 


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Gulf St. Vincent Prawn Fishery ‑ Select Committee

And a Committee was appointed consisting of Hon. T. Chapman, Mr Ferguson, Mrs Hutchison and Messrs Meier and Quirke.

Ordered ‑ That the Committee have power to send for persons, papers and records and to adjourn from place to place.

Ordered ‑ That the Committee have power to sit during the recess and report             on the first day of next session.

 

Abalone Industry ‑ Select Committee

Ordered ‑ That a Committee be appointed consisting of seven Members of whom four shall form a quorum.

And a Committee was appointed consisting of Messrs Atkinson, Blacker, De Laine, Ferguson, Gunn, Mrs Hutchison and Mr Meier.

Ordered ‑ That the Committee have power to sit during the recess and report             on the first day of next session.

 

16       Adjournment

The Minister of Industry, Trade and Technology (Hon. L.M.F. Arnold) moved ‑ That the House do now adjourn.

Debate ensued.

Question put and passed.

House adjourned at 9.57 p.m. until tomorrow at 11.00 a.m.

 

___________

 

 

MOTION OF WHICH NOTICE WAS GIVEN

 

For Thursday 11 April 1991

            Notice of Motion: Other Business‑‑

 

Mr Ingerson to move ‑ That this House calls on the Federal Government to ‑

(a)   take steps to convey to the USSR Government that they should de‑occupy the Baltic States of Estonia, Latvia and Lithuania;

(b)   make foreign aid assistance direct to the people and governments of the Baltic States:

(c)   inform the USSR Government that it intends to raise the independence of the Baltic States in international forums;  and

(d)   restrict foreign aid disbursements to the USSR Government if the USSR continues to refuse to enter into negotiations for independence and continues to encourage armed crises in the Baltic States.

___________

 

Present during the day ‑ All the Members except Mr Becker and Hon. M.K. Mayes.

 

 

 

 

 

                                                                                                                                                    N.T. Peterson

                                                                                                                                                    SPEAKER

G.D. Mitchell

CLERK OF THE HOUSE OF ASSEMBLY