421

 

                                                                                                   No. 56

 

                     VOTES AND PROCEEDINGS

 

                            OF THE

 

                       HOUSE OF ASSEMBLY

 

 

                                                                                                                        

 

 

                                                                            WEDNESDAY 29 APRIL 1992

 

 1             Meeting of House

                The House met pursuant to adjournment.  The Deputy Speaker (Mr M.J. Evans) took the

                    Chair and read prayers.

 

 2             Message from the Governor

                The following Message from the Governor was received and read:

 

                Assent to Bills                                                                                     Message No. 28

                The Governor informs the House of Assembly that, in the name and on behalf of Her Majesty

                    The Queen, the following Acts have been assented to during the present Session:

                No.  8 of 1992 - An Act to amend the Acts Interpretation Act 1915.

                No.  9 of 1992 - An Act to amend the Criminal Law Consolidation Act 1935.

                No. 10 of 1992 - An Act to provide for the licensing and registration of surveyors and to make

                    provisions relating to surveying and land boundaries; to repeal the Surveyors Act 1975; and for other purposes.

                No. 11 of 1992 - An Act to amend the University of South Australia Act 1990.

                No. 12 of 1992 - An Act to repeal the Marketing of Eggs Act 1941 and the Egg Industry

                    Stabilization Act 1973.

                No. 13 of 1992 - An Act to amend the Real Property Act 1886.

                No. 14 of 1992 - An Act to amend the Acts Interpretation Act 1915.

                No. 15 of 1992 - An Act to amend the Industrial Relations Act (S.A.) 1972.

                No. 16 of 1992 - An Act to provide for the conservation and management of water and the

                    prevention of flooding of rural land in the South East of the State; to repeal the South-Eastern Drainage Act 1931 and the Tatiara Drainage Trust Act 1949; and for other related purposes.

                Government House, Adelaide, 28 April 1992                                   R.F. Mitchell, GOVERNOR

 

 3             Petitions Nos 294 and 295

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

 

                294  Mr Such, from 6 211 residents of South Australia, requesting that the House urge the

                    Government to lower the age to 16 years, at which a person is treated as an adult in criminal matters.

 

                295  Hon. D.C. Wotton, from 1 059 residents of South Australia, requesting that the House

                    urge the Government to legislate to provide for accountability of local councils for damage caused by street trees.

 

 4             Answer to a question

                An answer to a question without notice was tabled by the Deputy Speaker.

 

 

                                                                                                     422

 

 5             Questions

                Questions without notice were asked.

 

 6             Grievance debate

                The Deputy Speaker proposed - That the House note grievances.

                Debate ensued.

                Question put and passed.

 

 7             Barley Marketing Bill

                The Minister of Agriculture (Hon. L.M.F. Arnold), pursuant to notice, moved - That he have

                    leave to introduce a Bill for an Act relating to the marketing of barley 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 Mr S.J. Baker, that the debate be adjourned until tomorrow.

 

 8             State Transport Authority (Authorized Officers) Amendment Bill

                The Minister of Transport (Hon. F.T. Blevins), pursuant to notice, moved - That he have

                    leave to introduce a Bill for an Act to amend the State Transport Authority Act 1974.

                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 Mr S.J. Baker, that the debate be adjourned until tomorrow.

 

 9             Financial Institutions (Application of Laws) Bill

                Order of the Day read for the further consideration in Committee of the Financial Institutions

                    (Application of Laws) Bill.

 

                                                                                            In Committee

                                              Clause No. 2 further considered and agreed to.

                                              Clauses Nos 3 to 16 agreed to.

                                              New Clause No. 17 inserted.

                                              Clauses Nos 18 to 31 agreed to.

                                              New Clause No. 32 inserted.

                                              Clause No. 33 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 with amendments.

 

                Bill read a third time and passed.

 

10           Local Government (Reform) Amendment Bill

                Order of the Day read for the further consideration in Committee of the Local Government

                    (Reform) Amendment Bill.

 

 

 

 

 

 

                                                                                                     423

 

                                                                                            In Committee

                                              Clause No. 2 further considered and agreed to.

                                              Clause No. 3 agreed to.

                                              Clause No. 4 amended and agreed to.

                                              Clauses Nos 5 to 11 agreed to.

                                              Clause No. 12 amended and agreed to.

                                              Clause No. 13 agreed to.

                                              Clause No. 14 amended and agreed to.

                                              Clauses Nos 15 and 16 agreed to.

                                              Clause No. 17 amended and agreed to.

                                              Clause No. 18 left out.

                                              Clauses Nos 19 to 22 agreed to.

                                              Clause No. 23 read.

 

                To report progress and ask leave to sit again.

 

                                                                                                                         

 

                The House having resumed:

                Mrs Hutchison reported that the Committee had further 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.

 

11           Stamp Duties (Concessions) Amendment Bill

                Mr Lewis, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to

                    amend the Stamp Duties Act 1923.

                Question put and passed.

 

                Bill presented and read a first time.

                Mr Lewis moved - That this Bill be now read a second time.

                Ordered, on motion of Hon. T.H. Hemmings, that the debate be adjourned until Wednesday

                    next.

 

12           Postponement of business

                Ordered - That Order of the Day (Private Members Bills) No. 1 be postponed and taken into

                    consideration after Order of the Day (Private Members Bills) No. 6.

 

13           Country Fires (National Parks) Amendment Bill

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

                    (National Parks) Amendment Bill be now read a second time.

                Debate resumed.

                Ordered, on motion of Mr Venning, that the debate be further adjourned until Wednesday

                    next.

 

14           Constitution (Parliamentary Terms) Amendment Bill

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

                    (Parliamentary Terms) Amendment Bill be now read a second time.

                Debate resumed.

                Ordered, on motion of Mr McKee, that the debate be further adjourned until Wednesday next.

 

15           Postponement of business

                Ordered - That Order of the Day (Private Members Bills) No. 4 be an Order of the Day for

                    Wednesday next.

 

 

 

                                                                                                     424

 

 

16           Discharge of business

                Orders of the Day (Private Members Bills) Nos 5 and 6 read.

                Ordered - That these Orders of the Day be discharged.

 

17           National Parks and Wildlife (Emu Farming) Amendment Bill

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

                    and Wildlife (Emu Farming) 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 Wednesday next.

 

18           Postponement of business

                Ordered - That Notice of Motion (Regulations/Committees) No. 1 be postponed and taken into

                    consideration after Notice of Motion (Regulations/ Committees) No. 2.

 

19           Unemployment - Reference to Social Development Committee - Motion re

                Mrs Hutchison, pursuant to notice, moved - That this House resolves to refer the following

                    matters to the Social Development Committee-

                (a)     the causes of long-term unemployment in regional rural and urban communities of South Australia;

                (b)     the adequacy of Commonwealth income support measures including Austudy and Abstudy;

                (c)     the impact of proposed tariff changes on future employment prospects;  and

                (d)     positive long-term strategies at Commonwealth, State and Local Government levels to improve employment and training prospects for disadvantaged groups.

                Ordered, on motion of Mrs Hutchison, by leave, that the motion be adjourned until Wednesday

                    next.

                                                                                                                     

 

                                           It being 8.30 p.m. Orders of the Day (Government Business) resumed.

 

                                                                                                                     

 

20           Local Government (Reform) Amendment Bill

                Ordered - That the further consideration in Committee of the Local Government (Reform)

                    Amendment Bill be now resumed.

 

 

 

 

 

                                                                                                     425

 

 

                                                                                            In Committee

                                              Clause No. 23 further considered, amended and agreed to.

                                              Clauses Nos 24 and 25 agreed to.

                                              Clause No. 26 left out.

                                              New Clause No. 26a inserted.

                                              Clauses Nos 27 to 29 agreed to.

                                              Schedule amended and agreed to.

                                              Title amended and agreed to.

 

                                                                                                                       

 

                The House having resumed:

                Mr Gunn reported that the Committee had further considered the Bill referred

                    to it and had agreed to the same with amendments and had amended the long Title of the Bill.

 

                The Minister of Employment and Further Education (Hon.M.D. Rann) moved - That this Bill

                    be now read a third time.

                Debate ensued.

                Question put and passed.

 

                Bill read a third time and passed.

 

21           Statutes Amendment (Attorney-General's Portfolio) Bill

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

                    Amendment (Attorney-General's Portfolio) 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.

 

22           Criminal Law Consolidation (Detention of Insane Offenders) Amendment Bil

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

                    Consolidation (Detention of Insane Offenders) 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.

                                              New Clause No.1a inserted.

                                              Clauses Nos 2 and 3 agreed to.

                                              Clause No. 4 amended and agreed to.

                                              Clause No. 5 agreed to.

                                              Title agreed to.

 

                                                                                                                       

 

                The House having resumed:

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

                    agreed to the same with amendments.

                                                                                                     426

 

 

                Bill read a third time and passed.

 

23           Subordinate Legislation (Expiry) Amendment Bill

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

                    Legislation (Expiry) Amendment Bill be now read a second time.

                Debate resumed.

                Question put and passed.

 

                Bill read a second time.

 

                Contingent Notice

                The Minister of Education (Hon.G.J. Crafter), on behalf of Mr M.J. Evans, pursuant to

                    contingent notice,    moved - That it be an instruction to the Committee of the whole House

                    on the Bill that it have power to consider new clauses relating to the commencement of Regulations.

                Question put and pased.

 

                                                                                            In Committee

                                                   Clause No. 1 agreed to.

                                                   New Clauses Nos 1a to 1d inserted.

                                                   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.

                                                                                                       

24           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.

 

25           Subordinate Legislation (Expiry) Amendment Bill

                Ordered - That the further consideration in Committee of the Subordinate Legislation (Expiry)

                    Amendment Bill be now resumed.

 

                                                                                            In Committee

                                              Clause No. 2 further considered, amended and agreed to.

                                              Clauses Nos 3 and 4 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 with amendments.

 

                Bill read a third time and passed.

 

26           Legal Practitioners (Litigation Assistance Fund) Amendment Bill

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

                    (Litigation Assistance Fund) Amendment Bill be now read a second time.

                Debate resumed.

                Question put and passed.

 

 

                                                                                                     427

 

                Bill read a second time.

                By leave, House proceeded to the third reading.                          

 

                Bill read a third time and passed.

 

27           Postponement of business

                Ordered - That Orders of the Day (Government Business) Nos 7 and 8 be postponed and taken

                    into consideration after Order of the Day (Government Business) No. 9.

 

28           Summary Offences (Child Pornography) Amendment Bill

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

                    (Child Pornography) 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 tomorrow.

 

29           Message from the Legislative Council

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

 

                Statutes Amendment (Illegal Use of Motor Vehicles) Bill                                          Message No.112

                MR SPEAKER - The Legislative Council insists on its Amendment No.3 in the Statutes

                    Amendment (Illegal Use of Motor Vehicles) Bill to which the House of Assembly has disagreed, and has disagreed to the alternative amendments made by the House of Assembly in lieu of Amendment No.3.  The Bill is returned herewith.

                Legislative Council, 29 April 1992                                                     G.L. Bruce, PRESIDENT

 

30           Adjournment

                House adjourned at 10.50 p.m. until tomorrow at 10.30 a.m.

                                                                                                                        

 

                Present during the day - All the Members except Messrs Atkinson and Becker, Hon.D.J. Hopgood, Hon.M.K. Mayes and Hon.N.T.Peterson.

 

 

 

 

                                                                                                                                                                M.J.Evans

                                                                                                                                                                DEPUTY SPEAKER            

                                                                                                                                                                                                               

 

G.D. Mitchell

CLERK OF THE HOUSE OF ASSEMBLY