No 55

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

WEDNESDAY 2 JUNE 2004

 

 

1       Meeting of House

         The House met pursuant to adjournment. The Speaker (Hon Peter Lewis) took the Chair and read prayers.

 

2       Legislative Review Committee - Reports – Twenty-Second and Twenty-Third

 

Twenty-Second Report

Mr Hanna brought up the 22nd Report of the Committee.

Report received.

 

Twenty-Third Report

Mr Hanna brought up the 23rd Report of the Legislative Review Committee.

Report received and read as follows:

 

The Regulations listed hereunder are at present being considered by the Legislative Review Committee. Evidence is being taken on these matters and it is necessary for Notices of Motion for Disallowance to be given in both Houses before the expiration of 14 sitting days to allow the Committee time to complete its deliberations.

 

Honourable Members are warned that after further consideration has been given to the Regulations, the Committee may decide to take no further action.

 

Regulations referred to:

               Local Government Act 1999 –

                     By-law – District Council of Yorke Peninsula – Boat Ramps

Supreme Court Act 1935 –

            Rules of Court - Scale of Costs.

 

3       Questions

Questions without notice were asked.

 

4       Grievance debate

On motion of the Speaker, the House noted grievances.

 

5       Suspension of Standing Orders

Mr Hanna, without notice, moved - That Standing Orders be so far suspended as to enable Notice of Motion: Other Motion No 1 set down for today, be taken into consideration forthwith.

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

 

 

 

 

Sessional Order

Mr Hanna, pursuant to notice moved - That for the remainder of the Session, Standing and Sessional Orders be so far suspended to enable Orders of the Day, Private Members Business Bills/ Committees/ Regulations and Orders of the Day, Other Motions take precedence for a period of one hour over Notices of Motion in those categories.

Question put and passed.

 

6       Postponement of business

Ordered - That Order of the Day: Private Members Bills/Committees/Regulations No 1 be postponed until Wednesday 30 June.

 

7       Postponement of business

Ordered - That Order of the Day: Private Members Bills/Committees/Regulations No 2 be postponed and resumed on motion.

 

8       Social Development Committee – Report – Obesity – Motion to note

Order of the Day read for the adjourned debate on the motion of Mr Snelling - That the Nineteenth Report of Social Development Committee entitled Inquiry into Obesity, be noted.

 

Mr Meier moved – That the debate be adjourned.

Question put and negatived.

 

Debate resumed.

         Ordered, on motion of Mr Scalzi, that the debate be further adjourned until Wednesday 30 June.

 

9       Reproductive Technology (Clinical Practices) (Prohibition of Publication of Certain Material) Amendment Bill

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

Debate resumed.

Ordered, on motion of Hon I F Evans, that the debate be further adjourned until Wednesday 30 June.

 

10      Statutes Amendment (Misuse of Motor Vehicles) Bill

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

Debate resumed.

 

Mr Meier moved – That the debate be adjourned.

Question put and negatived.

 

Debate (interrupted by the foregoing) resumed.

 

____________

 

The 1 hour for Orders of the Day: Private Members Business Bills/ Committees/ Regulations having expired, Notices of Motion: Private Members Business Bills/ Committees/ Regulations were called on by the Clerk.

____________

 

11      Postponement of business

Hon I F Evans moved – That Notices of Motion: Private Members Business Bills/ Committees/ Regulations Nos 1 to 13 be postponed and taken into consideration after Orders of the Day: Private Members Business Bills/ Committees/ Regulations Nos 5 and 6.

Question put.

 

 

 

 

         House divided (No 1):

 

           Ayes, 22

 

           Noes, 20

Mr Brindal

Hon M J Atkinson

Mr Brokenshire

Ms Bedford

Hon M R Buckby

Ms Breuer

Ms Chapman

Mr Caica

Mr Goldsworthy

Ms Ciccarello

Hon G M Gunn

Hon P F Conlon

Mrs Hall

Hon K O Foley

Mr Hamilton-Smith

Hon J D Hill

Mr Hanna

Hon S W Key

Hon D C Kotz

Mr Koutsantonis

Hon W A Matthew

Hon J D Lomax-Smith

Ms Maywald

Mr O'Brien

Hon R J McEwen

Ms Rankine

Dr McFetridge

Hon M D Rann

Mr Meier

Mr Snelling

Mrs Penfold

Hon L Stevens

Mrs Redmond

Ms Thompson

Mr Scalzi

Hon P L White

Hon R B Such

Hon M J Wright

Mr Venning

Mrs Geraghty (Teller)

Mr Williams

 

Hon I F Evans (Teller)

 

 

         So it was resolved in the affirmative.

 

12      Statutes Amendment (Misuse of Motor Vehicles) Bill

Pursuant to Order – The adjourned debate on the question - That this Bill be now read a second time - resumed.

 

Hon I F Evans moved – That the debate be adjourned.

Question put.

 

         House divided (No 2):

 

           Ayes, 22

 

           Noes, 20

Mr Brindal

Ms Bedford

Mr Brokenshire

Ms Breuer

Hon M R Buckby

Mr Caica

Ms Chapman

Ms Ciccarello

Mr Goldsworthy

Hon P F Conlon

Hon G M Gunn

Hon K O Foley

Mrs Hall

Mrs Geraghty

Mr Hamilton-Smith

Hon J D Hill

Mr Hanna

Hon S W Key

Hon D C Kotz

Mr Koutsantonis

Hon W A Matthew

Hon J D Lomax-Smith

Ms Maywald

Mr O'Brien

Hon R J McEwen

Ms Rankine

Dr McFetridge

Hon M D Rann

Mr Meier

Mr Snelling

Mrs Penfold

Hon L Stevens

Mrs Redmond

Ms Thompson

Mr Scalzi

Hon P L White

Hon R B Such

Hon M J Wright

Mr Venning

Hon M J Atkinson (Teller)

Mr Williams

 

Hon I F Evans (Teller)

 

 

         So it was resolved in the affirmative.

 

Ordered, on motion of the Hon I F Evans, that the debate be further adjourned until Wednesday 30 June.

 

13      Land Agents (Indemnity Fund-Growden Default) Amendment Bill

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

Debate resumed.

 

         Speaker's Ruling – Money Bill, Hybrid Bill

The Speaker ruled that the Land Agents (Indemnity Fund-Growden Default) Amendment bill was not a money bill as the source of funds from which the benefit is to be paid are funds which are not raised by way of taxation but rather are funds which are raised by way of contributions to a fund that is managed in trust for people of a class defined by law.  The Speaker further ruled that while the bill is a hybrid bill and as such is required to be referred to a Select Committee, he left it to the House to determine whether it considered the public interest would be served by such reference.

 

Debate (interrupted by the foregoing) resumed.

 

____________

 

The 2 hours for Private Members Business having expired, the debate was adjourned (Mr Snelling, by leave) and made an Order of the Day for Wednesday 30 June.

____________

 

 

14      Beechwood Garden Disposal of Land - Motion re

The Minister for Environment and Conservation (Hon J D Hill), pursuant to notice, moved - That for the purposes of section 14 of the Botanic Gardens and State Herbarium Act 1978, this House resolves that the Board of the Botanic Gardens and State Herbarium may dispose of any interest in, and be divested of any control of, any of the following land –

(a)           Certificate of Title Register Book Volume 5862 Folio 262 (formerly Volume 4175 Folio 187); and

(b)           Certificate of Title Register Book Volume 5133 Folio 747 (formerly Volume 4175 Folio 188).

         Ordered, on motion of Hon I F Evans, that the debate be adjourned until tomorrow.

 

15      Australian Energy Market Commission Establishment Bill

The Minister for Energy (Hon P F Conlon), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to establish the Australian Energy Market Commission; and for other purposes.

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 Hon W A Matthew, that the debate be adjourned until tomorrow.

 

 

16      Statutes Amendment (Electricity and Gas) Bill

The Minister for Energy, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Electricity Act 1996 and the Gas Act 1997.

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 Hon W A Matthew, that the debate be adjourned until tomorrow.

 

17      Postponement of business

Ordered - That Notice of Motion: Government Business No 4 be postponed and taken into consideration after Order of the Day: Government Business No 1.

 

18      Pitjantjatjara Land Rights (Executive Board) Amendment Bill

Order of the Day read for the second reading of this Bill.

The Minister for Employment, Training and Further Education (Hon S W Key) moved - That this Bill be now read a second time.

         Ordered, on motion of Dr McFetridge, that the debate be adjourned until tomorrow.

 

 

 

19      Extension of time for adjournment

Ordered, on motion of the Minister for Employment, Training and Further Education, that the time for moving the adjournment of the House be extended beyond 10.00 pm.

 

20      Postponement of business

Ordered - That Notice of Motion: Government Business No 4 be postponed and resumed on motion.

 

21      Appropriation Bill

Order of the Day read for the adjourned debate on the question – That the House note grievances.

Debate resumed.

Ordered, on motion of Minister for Infrastructure (Hon P F Conlon), that the debate be further adjourned and resumed on motion.

 

22      Trans-Tasman Mutual Recognition (South Australia) (Removal of Sunset Clause) Amendment Bill

Ordered – That Notice of Motion: Government Business No 4 be now taken into consideration.

The Attorney-General, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Trans-Tasman Mutual Recognition (South Australia) Act 1999.

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 Hon D C Brown, that the debate be adjourned until tomorrow.

 

23      Appropriation Bill

Ordered – That the adjourned debate on the question that the House note grievances, be now resumed.

Debate resumed.

Question put and passed.

 

The Treasurer (Hon K O Foley) moved – That the proposed expenditures for the departments and services contained in the Appropriation Bill be referred to Estimates Committees A and B for examination and report by Thursday 24 June 2004, in accordance with the timetables as follow.

 

ESTIMATES COMMITTEE A

 

WEDNESDAY 16 JUNE AT 11.00 AM

Premier

Minister for Economic Development

Minister for Volunteers

Minister for Arts

Minister for Social Inclusion

Minister Assisting the Minister for the Arts

 

Department of the Premier and Cabinet

Administered Items for the Department of the Premier and Cabinet

 

State Governor's Establishment

 

Arts SA

 

Auditor-General's Department

Administered Items for the Auditor-General's Department

 

Department of Trade and Economic Development (part)

Administered Items for the Department of Trade and Economic Development (part)

 

House of Assembly

Joint Parliamentary Services

Legislative Council

 

THURSDAY 17 JUNE AT 11.00 AM

Minister for Police

Minister for Emergency Services

Minister for Correctional Services

Minister for Employment, Training and Further Education

 

Administered Items for the Attorney-General's Department (part)

 

South Australia Police

Administered Items for Police and Emergency Services

 

Department for Correctional Services

 

Department of Further Education, Employment, Science and Technology (part)

 

FRIDAY 18 JUNE AT 9.30 AM

Attorney-General

Minister for Justice

Minister for Consumer Affairs

Minister for Multicultural Affairs

Minister for Youth

Minister for Status of Women

 

Attorney-General's Department (part)

Administered Items for the Attorney-General's Department (part)

 

Courts Administration Authority

Administered Items for Courts Administration Authority

 

State Electoral Office

 

Department of Human Services and Department for Families and Communities (part)

Administered Items for the Department of Human Services and Administered Items for the Department for Families and Communities (part)

 

MONDAY 21 JUNE AT 11.00 AM

Minister for Transport

Minister for Urban Development and Planning

Minister for Science and Information Economy

 

Planning SA

Administered Items for Planning SA

 

Transport Services

Administered Items for Transport Services

 

Transport Planning

Office of Public Transport

TransAdelaide

 

Offices for Sustainable Social, Environmental and Economic Development (part)

 

Department of Further Education, Employment, Science and Technology (part)

 

 

 

 

TUESDAY 22 JUNE AT 11.00 AM

Minister for Health

Minister for Families and Communities

Minister for Ageing

Minister for Housing

Minister for Disability Services

 

Department of Human Services and Department for Families and Communities (part)

Administered Items for the Department of Human Services and Administered Items for the Department for Families and Communities (part)

 

WEDNESDAY 23 JUNE AT 11.00 AM

Minister for Environment and Conservation

Minister for the River Murray

Minister for the Southern Suburbs

 

Department for Environment and Heritage

Administered Items for the Department for Environment and Heritage

 

Environment Protection Authority

 

Department of Water, Land and Biodiversity Conservation

Administered Items for the Department of Water, Land and Biodiversity Conservation

 

Offices for Sustainable Social, Environmental and Economic Development (part)

 

 

ESTIMATES COMMITTEE B

 

WEDNESDAY 16 JUNE AT 11.00 AM

Treasurer

 

Department of Treasury and Finance (part)

Administered Items for the Department of Treasury and Finance (part)

 

THURSDAY 17 JUNE AT 11.00 AM

Minister Assisting the Premier in Economic Development

Minister for Infrastructure

Minister for Energy

Minister for Aboriginal Affairs and Reconciliation

 

Office of the Venture Capital Board

 

Department for Administrative and Information Services (part)

Administered Items for the Department for Administrative and Information Services (part)

 

Department of Treasury and Finance (part)

Administered Items for the Department of Treasury and Finance (part)

 

Department of Primary Industries and Resources (part)

Administered Items for the Department of Primary Industries and Resources (part)

 

FRIDAY 18 JUNE AT 9.30 AM

Minister for Industry, Trade and Regional Development

Minister for Mineral Resources Development

Minister for Small Business

 

Department of Primary Industries and Resources (part)

Administered Items for the Department of Primary Industries and Resources (part)

 

Department of Trade and Economic Development (part)

Administered Items for the Department of Trade and Economic Development (part)

 

MONDAY 21 JUNE AT 11.00 AM

Minister for Education and Children’s Services

Minister for Tourism

 

South Australian Tourism Commission

Minister for Tourism

 

Department of Education and Children's Services

Administered Items for the Department of Education and Children's Services

 

TUESDAY 22 JUNE AT 11.00 AM

Minister for Administrative Services

Minister for Industrial Relations

Minister for Recreation, Sport and Racing

Minister for Gambling

 

Department for Administrative and Information Services (part)

Administered Items for the Department for Administrative and Information Services (part)

 

Department of Treasury and Finance (part)

Administered Items for the Department of Treasury and Finance (part)

 

Independent Gambling Authority

 

WEDNESDAY 23 JUNE AT 11.00 AM

Minister for Agriculture, Food and Fisheries

Minister for State/Local Government Relations

Minister for Forests

 

Department of Primary Industries and Resources (part)

Administered Items for the Department of Primary Industries and Resources (part)

 

Department of Trade and Economic Development (part)

Administered Items for the Department of Trade and Economic Development (part)

 

Department of Treasury and Finance (part)

Administered Items for the Department of Treasury and Finance (part)

 

Question put and passed.

 

The Treasurer moved – That Estimates Committee ‘A’ be appointed consisting of Mr Caica, Ms Chapman, Ms Ciccarello, Hon R G Kerin, Mr O’Brien, Mrs Redmond and Hon R B Such.

Question put and passed.

 

The Treasurer moved – That Estimates Committee ‘B’ be appointed consisting of Ms Bedford, Hon I F Evans, Mr Goldsworthy, Mrs Hall, Mr Koutsantonis, Mr Rau and Ms Thompson.

Question put and passed.

 

24      Statutes Amendment (Budget 2004) Bill

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

Debate resumed.

 

         Bill read a second time.

         Proceeded, by leave, to the third reading.

 

The Treasurer moved - That this Bill be now read a third time.

Debate ensued.

Question put and passed.

 

         Bill read a third time and passed.

 

25      Adjournment

House adjourned at 11.08 pm until tomorrow at 10.30 am.

 

____________

 

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

            For Thursday 3 June 2004

 

Notice of Motion: Government Business -

 

The Minister for Infrastructure to move – That Standing and Sessional Orders be and remain so far suspended as to provide that Government Business has precedence over Other Motions on Thursday 24 June and for any business remaining in that category at the adjournment of the House today to be set down for consideration on Thursday 1 July.

 

            For Wednesday 30 June 2004

 

Notices of Motion: Private Members Business Bills/ Committees/ Regulations -

 

Hon G M Gunn to move – That he have leave to introduce a Bill for an Act to impose criminal liability on parents for offences committed by their children; to give the police power to remove children from public places; to make a related amendment to the Young Offenders Act 1993; and for other purposes.

 

Mr Hanna to move – That the By-law made by the District Council of Yorke Peninsula under the Local Government Act 1999 entitled Boat Ramps, made on 10 March 2004 and laid on the Table of this House on 4 May, be disallowed.

 

Mr Hanna to move – that the Rules of Court under the Supreme Court Act 1935 entitled Scale of Costs, made on 29 March 2004 and laid on the Table of this House on 4 May, be disallowed.

 

            For Wednesday 21 July 2004

 

Notice of Motion: Private Members Business Bills/ Committees/ Regulations -

 

Ms Rankine to move – That this House calls on the Social Development Committee to inquire into the impact of international education activities in South Australia, including –

(a)       all formal education and training courses made available to overseas students studying in South Australia or offered off-shore and through the School, Further and  Higher Education and Training sectors;

(b)       courses offered by both public and private providers;

(c)       other student exchange programs;

and in particular –

(d)       the positive and negative impact of the international education industry to the State and its community, and student and staff interactions involved;

(e)       potential measures to enhance the attractiveness of the State to the international education market;

(f)         ‘pastoral care’, accommodation and other needs of overseas students residing in South Australia;

(g)       potential lessons derived from existing practices in selected interstate and overseas jurisdictions;

(h)       the ongoing capacity of the education and other systems to absorb increasing  numbers of overseas students;

(i)         the oversight and monitoring of home-stay arrangement for minors;

(j)         ancillary or collateral benefits in areas such as tourism and cultural exchange;

(k)       community development or other initiatives to maximise this appreciation;

(l)         support for overseas students in local communities; and

(m)     any other relevant matter.

 

____________

 

 

Present during the day - All Members except Minister for Families and Communities (Hon J W Weatherill) and Mr Rau.

 

 

         The following Pairs were handed in at the Table during the days proceedings:

 

         Division No 1 -

               Ayes - Hon R G Kerin, Hon D C Brown

               Noes - Minister for Families and Communities (Hon J W Weatherill), Mr Rau.

 

         Division No 2 -

               Ayes - Hon R G Kerin, Hon D C Brown

               Noes - Minister for Families and Communities (Hon J W Weatherill), Mr Rau.

 

 

 

 

 

 

 

                                                                                                                        Peter Lewis

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY