No. 56

 

                     VOTES AND PROCEEDINGS

 

                            OF THE

 

                       HOUSE OF ASSEMBLY

 

 

                                                                                                                        

 

 

                                                                                  FRIDAY 23 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             Conference - Statutes Amendment (Fisheries) Bill

                The Minister of Labour Relations and Occupational Health and Safety (Hon. R.J. Gregory), without notice, moved - That the sitting of the House be continued during the Conference with the Legislative Council on the Statutes Amendment (Fisheries) Bill.

                Question put and passed.

 

 3             Postponement of business

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

 

 4             Employment Agents Registration Bill

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

                Debate resumed.

                Question put and passed.

 

                Bill read a second time.

                                                                                            In Committee

                                                             Clauses Nos 1 to 31 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 without amendment.

 

                Bill read a third time and passed.

 

 5             Occupational Health, Safety and Welfare (Registration Fees) Amendment Bill

                Order of the Day read for the adjourned debate on the question - That the Occupational Health, Safety and Welfare (Registration Fees) 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 3 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 without amendment.

 

                Bill read a third time and passed.

 

 6             Occupational Health, Safety and Welfare (Plant) Amendment Bill

                Order of the Day read for the adjourned debate on the question - That the Occupational                     Health, Safety and Welfare (Plant) 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 19 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 without amendment.

 

                Bill read a third time and passed.

 

 7             Public Corporations Bill

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

                Debate resumed.

                Ordered, on motion of Mr S.J. Baker, by leave, that the debate be further adjourned and resumed on motion.

 

 8             Questions

                Questions without notice were asked.

 

 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 (Hon. F.T. Blevins) moved - That the House, at its rising, adjourn                         until Wednesday 28 April at 2.00 p.m.

                Question put and passed.

 

 

11           Public Corporations Bill

                Ordered - That the adjourned debate on the question - That the Public Corporations Bill be now read a second time - be now resumed.

                Debate resumed.

                Question put and passed.

 

                Bill read a second time.

 

                                                                                            In Committee

                                                             Clauses Nos 1 to 4 agreed to.

                                                             Clause No. 5 read.

                Mr S.J. Baker moved on page 5, to leave out lines 7 to 11.

                Question put and negatived.

                                                             Clause agreed to.

                                                             Clauses Nos 6 to 11 agreed to.

                                                             Clause No. 12 read.

                Mr S.J. Baker moved on page 11, after line 3, to insert new subclause as follows:

                (9)     The charter ceases to have effect if either House of Parliament passes a resolution disallowing the charter in pursuant of a notice of motion given within 14 sitting days (which need not all fall within the same session of Parliament) after the charter was laid before the House.

                Question put and negatived.

                                                             Clause agreed to.

                                                             Clauses Nos 13 to 27.

                                                             New Clause No. 28 inserted.

                                                             New Clause No. 29 inserted.

                                                             Clauses Nos 30 to 43 agreed to.

                                                             Schedule inserted.

                                                             Title agreed.

 

                                                                                                                       

 

                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.

 

12           Criminal Injuries Compensation (Miscellaneous) Amendment Bill

                Order of the Day read for the second reading of the Criminal Injuries Compensation (Miscellaneous) Amendment Bill.

                The Minister of Housing, Urban Development and Local Government Relations (Hon. G.J.                                 Crafter) moved - That this Bill be now read a second time.

                Ordered, on motion of Mr S.J. Baker, that the debate be adjourned until Wednesday next.

 

13           Classification of Publications (Film Classification) Amendment Bill

                Order of the Day read for the adjourned debate on the question - That the Classification                     of Publications (Film Classification) 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           Evidence (Vulnerable Witnesses) Amendment Bill

                Order of the Day read for the adjourned debate on the question - That the Evidence                            (Vulnerable Witnesses) 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           Messages from the Legislative Council

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

 

                Mutual Recognition (South Australia) Bill                                                                   Message No. 116

                MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to adopt the Mutual Recognition Act 1992 of the Commonwealth (and any amendments made to it before this Act commences), and to refer power to the Parliament of the Commonwealth to amend that Act, so as to enable the enactment of legislation applying uniformly throughout Australia for the recognition of regulatory standards adopted in Australia regarding goods and occupations, with the amendments indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

                Legislative Council, 23 April 1993                                                                     G.L. Bruce, PRESIDENT

 

                                                 Schedule of the amendments made by the Legislative Council

                No. 1.    Page 1, lines 6 to 10 - Long Title - Leave out the Long Title and insert new Long Title as follows:-

                               “An Act to apply the Mutual Recognition Act 1992 of the Commonwealth as a law of the State so as to enable the recognition of regulatory standards throughout Australia regarding goods and occupation.”

                No. 2.    Page 1, lines 20 to 29 (clause 3) - Leave out the definition of “participating jurisdiction”.

                No. 3.    Page 2, lines 1 to 3 (clause 3) - Leave out subclause (2).

                No. 4.    Page 2, lines 4 to 17 (clause 4) - Leave out the clause and insert new clause 4. as follows:-

                               4. “Application of Commonwealth Act The Commonwealth Act applies as a law of the State subject to the amendments set out in the schedule.”

                No. 5.    Page 2, lines 18 to 32 (clause 5) - Leave out the clause.

                No. 6.    Page 2, lines 33 to 35 (clause 6) - Leave out the clause.

                No. 7.    Page 3, lines 1 to 3 (clause 7) - Leave out the clause.

                No. 8.    Page 3 - After line 3 insert new clause 8. as follows:-                     

                               8. “Expiry of Act  This Act expires on the fifth anniversary of the day on which it commenced.”

                No. 9.    Page 3 - Insert new Schedule as follows:-

                                                                                             “SCHEDULE

                               The Commonwealth Act applies subject to the following amendments -

                               (a)     strike out section 3 and substitute new section as follows:-

                                         3. Principal purpose The principal purpose of this Act is to promote the goal of freedom of movement of goods and service providers in a national market in Australia.;

                               (b)     strike out the definition of “deemed registration” in section 4(1);

                               (c)     strike out the definition of “substantive registration” in section 4(1);

                               (d)     strike out the definition of “Tribunal” in section 4(1) and substitute new definition as follows:-

 

 

                                         “the Tribunal” means a court or tribunal authorised by regulation to exercise jurisdiction under the relevant provision.;

                               (e)     insert “of the Commonwealth” after “Acts Interpretation Act 1901”  in section 4(2);

                               (f) strike out section 6 and substitute new section as follows:-

                                         6. Operation of this Act This Act does not limit the operation  of a law of this or any other State so far as it can operate concurrently with this Act.;

                               (g)     strike out subsections (2) and (3) of section 8 and substitute new subsections as follows:

                                         (2) This Part deals with goods produced in or imported into a State other than South Australia and their sale in South Australia.

                                         (3) In this Part, the other State is called “the first State”, and this State is called “the second State”.;

                               (h)     insert “, or such longer period as the regulations of the State may provide” after “aggregate period of 12 months” in section 15(3);

                               (i) strike out subsections (2) and (3) of section 16 and substitute new subsections as follows:

                                         (2) This Part deals with the ability of a person who is registered in connection with an occupation in a State other than South Australia to carry on an equivalent occupation in South Australia.

                                         (3) In this Part, the other State is called “the first State”, and this State is called “the second State”.;

                               (j) strike out “after notifying” in section 17(1) and substitute “on due application to”;

                               (k)     strike out paragraph (b) of section 17(1), and the word “and” immediately preceding that paragraph;

                               (l) strike out paragraph (b) of section 17(2), and the word “and” immediately preceding that paragraph;

                               (m)    strike out paragraph (b) of section 20(4), and the word “and” immediately preceding that paragraph;

                               (n)     strike out Division 3 of Part 3 (and the heading to that Division);

                               (o)     insert “and the qualifications and experience relating to fitness to carry on the occupation are substantially the same” at the end of section 29(1);

                               (p)     strike out subsection (2) of section 30;

                               (q)     insert “, or the qualifications and experience relating to fitness to carry on the occupation are not substantially the same” at the end of paragraph (a)  of section 31(2);

                               (r)     insert the following subsection after subsection (5) of section 31:

                                         (6) The Tribunal cannot make a declaration that is inconsistent with a regulation under section 32.;

                               (s)     strike out subsections (1) and (2) of section 32 and substitute new subsection as follows:

                                         (1) The Governor may, by regulation, declare that specified occupations carried on in specified States are equivalent, and may specify or describe conditions that will achieve equivalence.;

                               (t) strike out section 34 and substitute new section as follows:-

                                         34. Review of decisions (1)  Subject to the regulations, application may be made to the Tribunal for review  of a decision of a local registration authority under this Act.

                                         (2) An application can be made by any person who has an interest in the matter (including in a representative capacity on behalf of persons who carry on the relevant occupation or occupations).;

                               (u)     strike out “a State” from section 37(1) and substitute “the State”;

                               (v)     strike out “substantively” from section 37(1);

 

 

                               (w)    strike out “firstmentioned” from section 37(1);

                               (x)     strike out “of the firstmentioned State” from section 37(2);

                               (y)     strike out paragraph (b)  of section 37(2);

                               (z)     strike out “of the firstmentioned State” from section 37(3);

                           (aa) strike out “substantive or deemed” from section 40(1);

                           (bb) strike out “substantive or deemed” from section 40(3);

                           (cc)  strike out “substantive or deemed” from section 41(1);

                           (dd) insert the following paragraph after paragraph (b)  of section 43:

                                         (c)     a State declared by regulation to be a participating State.;

                           (ee)  strike out section 47 and substitute new section as follows:

                                         47. Regulations (1)  The Governor may make regulations amending the Schedules.

                                         (2) The Governor may make such other regulations as are necessary or expedient for the purposes of this Act.;

                           (ff)    strike out item 1 of schedule 2 and substitute new item as follows:

                                         1.  A law of a state relating to quarantine.”

                                                             J.M. Davis, CLERK OF THE LEGISLATIVE COUNCIL

                Ordered - That the Message be taken into consideration on motion.

 

                Statutes Amendment (Attorney-General's Portfolio) Bill                          Message No. 117

                MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Director of Public Prosecutions Act 1992, the Jurisdiction of Courts (Crossvesting) Act 1987 and the Motor Vehicles Act 1959, to which it desires the concurrence of the House of Assembly.

                Legislative Council, 23 April 1993                                                                     G.L. Bruce, PRESIDENT

 

                Bill read a first time.

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

 

16           Adjournment

                House adjourned at 5.02 p.m. until Wednesday 28 April at 2.00 p.m.

 

                                                                                                                        

 

                Present during the day - All the Members except Hon. S.M. Lenehan.

 

 

 

 

 

 

 

                                                                                                                                                                N.T. Peterson

                                                                                                                                                                SPEAKER

 

D.A. Bridges

ACTING CLERK OF THE HOUSE OF ASSEMBLY