No 55

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

MONDAY 23 MAY 2005

 

 

1       Meeting of House

         The House met pursuant to adjournment. The Speaker (Hon R B Such) took the Chair and read prayers.

 

2       Petitions Nos 72 to 74

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

 

72   Hon G M Gunn, from 281 members of the South Australian Community, requesting the House to urge the Government to implement a culling program to reduce the numbers of Corellas in the Flinders Ranges.

 

73   Mr Caica, from 119 residents of South Australia, requesting the House to urge the Government to abolish the link between property values and land, council and water/sewer tax increases and tie these tax increases to the percentage increase in the consumer price index or minimum wages as from 2001-2002.

 

74   Mr Rau, from 31 residents of South Australia, requesting the House to urge the Government to take whatever action is needed to ensure the continuation of the work of the Enfield Community Food Centre Inc. in providing affordable food and groceries to low income residents of South Australia.

 

3       Answers to questions

Answers to questions on the Notice Paper Nos 18, 29, 30, 81, 82, 94, 95, 97, 110, 111, 113, 114, 198, 223, 232 to 235, 248, 266, 273, 298, 307 to 310, 312, 314, 315, 364, 375, 387, 398, 399, 403 to 407, 409, 417, 418, 441, 442, 447 to 450, 457 to 462, 469, 475, 477, 483, 495 496 and questions without notice were tabled by the Speaker.

 

4       Papers

         The following Papers were tabled:

 

By the Treasurer (Hon K O Foley) –

      Water and Wastewater Prices in Metropolitan and Regional South Australia – 2005-06 – Transparency Statement – Parts A, B and C

 

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

      Regulations under the following Act –

                     WorkCover Corporation – Claims Management Agreement

 

By the Minister for Families and Communities (Hon J W Weatherill) –

      Children in State Care – Commission of Inquiry – Interim Report (Paper No 201)

 

The Minister for Families and Communities, by leave, moved – That the Interim Report of the Children in State Care, Commission of Inquiry be published in accordance with section 12 of the Civil Liabilities Act.

Question put and passed.

 

5       Questions

Questions without notice were asked.

 

Member named

The Speaker named the Member for Mawson, for defying the authority of the Chair.

The Member made an apology which was accepted by the Chair.

Questions (interrupted by the foregoing) resumed.

 

6       Grievance debate

On motion of the Speaker, the House noted grievances.

 

7       Natural Resources Committee - Leave to sit

Mr Rau, by leave, moved - That the Natural Resources Committee have leave to sit during the sittings of the House today.

Question put and passed.

 

8       Postponement of business

Ordered, severally - That Orders of the Day: Government Business Nos 1 to 7 to be postponed and taken into consideration after Order of the Day: Government Business No 8.

 

9       Statutes Amendment (Sentencing of Sex Offenders) Bill

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

Debate resumed.

         Question put and passed.

 

         Bill read a second time.

 

In Committee

Clauses Nos 1 to 7 agreed to.

Clause No 8 amended and agreed to.

Clause No 9 agreed to.

New Clause 9A inserted.

Clause No 10 agreed to.

Clause No 11 amended and agreed to.

New Clauses Nos 11A, 11B and 11C inserted.

Clause No 12 agreed to.

Clause No 13 left out.

Clauses Nos 14 and 15 agreed to.

Title agreed to.

 

____________

 

         The House having resumed:

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

 

The Attorney-General (Hon M J Atkinson), moved - That this Bill be now read a third time.

Debate ensued.

Question put and passed.

 

         Bill read a third time and passed.

 

10      Message from the Legislative Council

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

 

 

 

         Statutes Amendment (Liquor, Gambling and Security Industry) Bill       Message No 50

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Gaming Machines Act 1992, the Liquor Licensing Act 1997 and the Security and Investigation Agents Act 1995, with the amendments indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

         Legislative Council, 5 May 2005                                                     R R Roberts, PRESIDENT

 

Schedule of amendments from the Legislative Council

 

Amendment No 1

Clause 14, page 9, line 4—

Delete "Section 36(1)—after paragraph (k) insert" and substitute:

Section 36—after paragraph (g) insert

 

Amendment No 2

Clause 14, page 9, line 5—

Delete "(l)" and substitute:

(h)

 

Amendment No 3

Clause 14, page 9, line 7—

Delete "after subsection (1) insert" and substitute:

after its present contents as amended by this section (now to be designated as subsection (1)) insert

 

Amendment No 4

New clause—

After clause 14 insert:

14A—Amendment of section 36A—Inquiry

Section 36A(2)—delete "section, and" and substitute:

section and, subject to section 12,

 

Amendment No 5

Clause 27, page 13, line 43—

After "licence" insert:

(other than a temporary or limited licence)

 

Amendment No 6

Clause 27, page 14, lines 6 to 8—

Delete proposed paragraph (e) and substitute:

  (e)     the conversion of a temporary licence into a permanent licence; or

 

Amendment No 7

Clause 27, page 14, lines 12 and 13—

Delete proposed subsection (2) and substitute:

  (2)     The Commissioner—

  (a)     must give a copy of each application to which this section applies; and

  (b)     may give a copy of any other application,

to the Commissioner of Police.

 

Amendment No 8

Clause 42, page 19, after line 33—

Insert:

(2a)    Section 3, definition of director—after paragraph (b) insert:

          and

  (c)     a person who makes, or participates in making, decisions that affect the whole, or a substantial part, of the business of the body corporate or who has the capacity to affect significantly the body corporate's financial standing;

 

Amendment No 9

Clause 44, page 22, line 10—

Delete "may" and substitute:

must

 

Amendment No 10

Clause 44, page 22, line 17—

Delete "may" and substitute:

must

 

Amendment No 11

Clause 44, page 22, lines 22 and 23—

Delete "may, without further notice, refuse the application but keep the fee that accompanied the application" and substitute:

must, without further notice, refuse the application (but may keep the fee that accompanied the application)

 

Amendment No 12

Clause 51, proposed new section 23B, page 26, line 32—

After "is charged" insert:

by a police officer or the Director of Public Prosecutions

 

Amendment No 13

Clause 51, page 28, proposed new section 23E, after line 13—

Insert:

  (2)     The Court must hear and determine an appeal under this section as expeditiously as possible.

  (3)     If an appeal under this section is not determined within three months of the commencement of the appeal, the suspension to which the appeal relates will, unless the Court orders otherwise, be stayed until the appeal is finally determined or withdrawn.

 

Amendment No 14

Clause 53, page 35, after line 25—

Insert:

  (2)     Section 26—after "setting out" insert:

, subject to section 5B,

 

Amendment No 15

New clause, page 36, after line 42—

Insert:

58—Amendment of Schedule 2—Repeal and transitional provisions

Schedule 2—after clause 2 insert:

3—Transitional provisions relating to Statutes Amendment (Liquor, Gambling and Security Industries) Act 2004

  (1)     The Commissioner must, within 2 years after the day on which section 1 of the Statutes Amendment (Liquor, Gambling and Security Industries) Act 2005 comes into operation, by notice in writing, require—

  (a)     each natural person who is on that day the holder of a security agents licence; and

  (b)     each director of a body corporate that is on that day the holder of a security agents licence,

to attend at a specified time and place for the purpose of having his or her fingerprints taken by a police officer.

  (2)     As soon as reasonably practicable after fingerprints have been taken from a person by a police officer pursuant to a requirement under subclause (1), the Commissioner of Police must make available to the Commissioner such information to which the Commissioner of Police has access about the identity, antecedents and criminal history of the person as the Commissioner of Police considers relevant.

  (3)     If a person fails to comply with a notice under subclause (2), the Commissioner may, by notice in writing, require the person to make good the default.

  (4)     If the person fails to comply with the notice within a time fixed by the notice (which may not be less than 28 days after service of the notice), the person's licence is cancelled.

  (5)     A person whose fingerprints have been taken under this clause may, if his or her security agents licence is cancelled or voluntarily surrendered, or if he or she was required to provide the fingerprints because he or she was the director of a body corporate that has since dissolved, apply to the Commissioner of Police to have the fingerprints, and any copies of the fingerprints, destroyed.

  (6)     The Commissioner of Police may grant or refuse the application as the Commissioner of Police sees fit.

 

Amendment No 16

Schedule 1, clause 3, page 37, line 32—

After "offence is committed" insert:

, or alleged to have been committed,

 

         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:

Mr Snelling reported that the Committee had considered the amendments referred to it and had agreed to the same without amendment.

 

11      Postponement of business

Ordered, severally - That Orders of the Day: Government Business Nos 1 to 3 to be postponed and taken into consideration after Order of the Day: Government Business No 4.

 

12      Statutes Amendment (Local Government Elections) Bill

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

Debate resumed.

         Question put and passed.

 

         Bill read a second time.

 

In Committee

Clauses Nos 1 to 10 agreed to.

Clause No 11 read.

 

Dr McFetridge moved on page 6, lines 2 and 3, to delete subclause (1)

Question – That the amendment be agreed to – put.

 

 

         Committee divided (No 1):

 

           Ayes, 19

 

           Noes, 22

Mr Brindal

Hon M J Atkinson

Mr Brokenshire

Ms Bedford

Hon D C Brown

Ms Breuer

Hon M R Buckby

Mr Caica

Ms Chapman

Hon P F Conlon

Hon I F Evans

Hon K O Foley

Mr Goldsworthy

Mrs Geraghty

Hon G M Gunn

Mr Hanna

Mrs Hall

Hon J D Hill

Mr Hamilton-Smith

Hon S W Key

Hon R G Kerin

Mr Koutsantonis

Hon D C Kotz

Hon J D Lomax-Smith

Mr Meier

Hon K A Maywald

Mrs Penfold

Mr O'Brien

Mrs Redmond

Ms Rankine

Hon R B Such

Mr Rau

Mr Venning

Hon L Stevens

Mr Williams

Ms Thompson

Dr McFetridge (Teller)

Hon J W Weatherill

 

Hon P L White

 

Hon M J Wright

 

Hon R J McEwen (Teller)

 

         So it passed in the negative.

 

Mr Hanna moved on page 7, lines 16 to 35, to delete subclause (5) and substitute:

     (5)     Section 12(18)—delete "five" and substitute:

7

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

 

Clause No 11 agreed to.

Clause No 12 agreed to.

Clause No 13 read.

 

Mr Hanna moved on page 8, after line 19, to insert:

    (a1)    A person is not eligible to be chosen to be a chairperson of a council unless he or she has been a member of the council for a period of at least 12 months.

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

 

Clause No 13 agreed to.

Clauses Nos 14 to 51 agreed to.

Schedule agreed to.

Title agreed to.

 

____________

 

         The House having resumed:

Mr Snelling reported that the Committee had considered the Bill referred to it and had agreed to the same without amendment.

 

The Minister for State Local Government Relations (Hon R J McEwen) moved - That this Bill be now read a third time.

Debate ensued.

Question put and passed.

 

Bill read a third time and passed.

 

13      Messages from the Legislative Council

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

 

 

 

 

         Railways (Operations and Access) (Regulator) Amendment Bill Message No 51

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Railways (Operations and Access) Act 1997, without any amendment.

         Legislative Council, 5 May 2005                                                     R R Roberts, PRESIDENT

 

         Public Sector Management (Chief Executive Accountability) Amendment Bill                                                                             Message No 52

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Public Sector Management Act 1995, with the amendment indicated by the annexed Schedule, to which amendment the Legislative Council desires the concurrence of the House of Assembly.

         Legislative Council, 23 May 2005                                                    R R Roberts, PRESIDENT

 

Schedule of amendment from the Legislative Council

 

Amendment No 1

Clause 5, page 3, line 8—

After “communicated” insert:

in writing

         J M Davis CLERK OF THE LEGISLATIVE COUNCIL

 

         Ordered - That consideration of the amendment be an Order of the Day for tomorrow.

 

14      Adjournment

The Minister for Agriculture, Food and Fisheries (Hon R J McEwen), moved – That the House do now adjourn.

Debate ensued.

Question put and passed.

House adjourned at 9.42 pm until tomorrow at 2.00 pm.

 

____________

 

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

            For Tuesday 24 May 2005

 

Notices of Motion: Government Business -

 

The Minister for Families and Communities to move That he have leave to introduce a Bill for an Act to amend the Children’s Protection Act 1993; and to make a related amendment to the Family and Community Services Act 1972.

 

The Minister for Agriculture, Food & Fisheries to move That he have leave to introduce a Bill for an Act to provide for the South Australian Citrus Industry Development Board and for administration by the Board of a fund for citrus industry purposes; to repeal the Citrus Industry Act 1991; and for other purposes.

 

The Minister for Consumer Affairs to move That she have leave to introduce a Bill for an Act to amend the Recreational Services (Limitation of Liability) Act 2002.

 

 

____________

 

 

Present during the day - All Members.

 

         The following Pair was handed in at the Table during the days proceedings:

 

         Division No 1 -

               Ayes - Hon W A Matthew, Mr Scalzi

               Noes – The Premier (Hon M D Rann), Ms Ciccarello.

 

 

 

 

 

                                                                                                                        Hon R B Such

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY