No 57

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

         WEDNESDAY 25 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 77 to 80

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

 

77   The Minister for Environment and Conservation (Hon J D Hill), from 564 residents of South Australia, requesting the House to urge the Minister for the Environment to deny the application by the District Council of Yorke Peninsula for the revocation of community land status of Lot 290, Hundred of Minlacowie, known as the HJ Cook Fauna Park.

 

78   Mrs Penfold, from 580 residents of South Australia, requesting the House to urge the Government to increase funding for disability services in South Australia to at least the Australian national average expenditure and in particular to fully fund the Moving On Program to a five day full time service for all disabled people.

 

79     Mrs Penfold, from 102 residents of South Australia, requesting the House to urge the Government to move South Australia to true Central Standard Time of our correct Greenwich Mean Time of 135 degrees longitude being one hour behind the Eastern States and one hour ahead of Western Australia.

 

80   Hon D C Brown, from 26 residents of South Australia, requesting the House to urge the Government to withdraw proposed Marine Protected Areas from the Fleurieu Peninsula and Kangaroo Island and consult with fishing, tourism and boating groups before introducing new proposals.

 

3       Papers

         The following Papers were tabled:

 

By the Treasurer (Hon K O Foley) –

      Police Commissioner, Performance Standards for the - Pursuant to Section 13(5) of the Police Act 1998

 

By the Minister for Health (Hon L Stevens) –

      Social Development Committee Postnatal Depression Inquiry Report - Response of the Minister for Health

 

By the Minister for Science and Information Economy (Hon K A Maywald) –

      Information Industries Development Centre Charter.

 

4       Questions

Questions without notice were asked.

 

Member named

The Speaker named the Member for Mawson, (Mr Brokenshire), for defying the authority of the Chair.

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

Questions (interrupted by the foregoing) resumed.

 

Ordered on motion of the Minister for Infrastructure (Hon P F Conlon), that the period for asking questions without notice be extended by 1 minute.

Questions without notice resumed.

 

5       Legislative Review Committee - Reports – Nineteenth and Twentieth

 

Nineteenth Report

Mr Hanna brought up the 19th Report of the Committee.

Report received.

 

Twentieth Report

Mr Hanna brought up the 20th Report of the Committee.

Report received and read as follows:

 

The Regulation listed hereunder is at present being considered by the Legislative Review Committee. Evidence is being taken and it is necessary for a Notice 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 Regulation, the Committee may decide to take no further action.

 

Regulation referred to:

Gaming Machines Act 1992 – Forms and Fees.

 

6       Grievance debate

On motion of the Speaker, the House noted grievances.

 

7       Joint Parliamentary Service Committee – Appointment of Alternate Member

The Minister for Agriculture, Food and Fisheries (Hon R J McEwen), by leave moved - That pursuant to section 5 of the Parliament (Joint Services) Act 1985, the Member for Playford be appointed as the alternate Member to the Speaker and the Member for Giles be appointed as the alternate to the Member for Torrens.

Question put and passed.

 

8       Relationships Bill

Mr Brindal, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to make provision with respect to certain relationships; and for other purposes.

Question put and passed.

         Bill presented and read a first time.

 

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

 

         Suspension of Standing Orders

The Minister for Environment and Conservation (Hon J D Hill), without notice, moved - That Standing Orders be so far suspended as to enable an extension of 10 minutes for moving the second reading of the Bill.

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

Motion resumed.

 

         Ordered, on motion of Mrs Geraghty, that the debate be adjourned until Wednesday 1 June.

 

 

 

9       Postponement of business

Ordered, severally - That Notices of Motion: Private Members Bills/Committees/Regulations Nos 2 to 8 be postponed and taken into consideration after Notice of Motion: Private Members Bills/Committees/Regulations No 9.

 

10      Select Committee on the Council for International Trade and Commerce and the Export Council - Motion re

Mr Lewis, pursuant to notice, moved That this House establish a Select Committee to examine and report on the constitution, membership, role and function, administration and financial support (public and private) of the Council for International Trade and Commerce of South Australia and the Export Council of South Australia, and in particular

(a)  determine whether Executive Government and its departments and agencies, have properly allocated funding and support to these various Government and private professional paid and voluntary service providers in each of the aforementioned bodies are being effectively and efficiently utilised in maximising the South Australian awareness of economic development and penetration of existing and potential export markets for goods and services (such as education, training, tourism and surgical services and products); and

(b)  determine what changes should be made to the existing framework.

         Ordered, on motion of Mrs Geraghty, that the debate be adjourned until Wednesday 6 July.

 

11      Postponement of business

Ordered, severally  - That Notices of Motion: Private Members Bills/Committees/Regulations Nos 2 to 8 and 10 be postponed and taken into consideration after Notice of Motion: Private Members Bills/Committees/Regulations No 11.

 

12      Select Committee on the Hydro-Geology of the Pitjanjatjara Lands - Motion re

Mr Lewis, pursuant to notice, moved – That this House establish a Select Committee to examine the hydro-geology of the Pitjanjatjara Lands, and in particular to determine the likely extent of underground water resources and viability of using these for the production of high-value crops which can be sold within the domestic and export markets, and thereby create industries and jobs for the indigenous people on their homelands.

         Ordered, on motion of Mrs Geraghty, that the debate be adjourned until Wednesday 1 June.

 

13      Select Committee on the Marketing and Support of Exotic and Indigenous Vegetables, Herbs, Spice Products and Essences - Motion re

Mr Lewis, having by leave amended his motion of which notice had been given, moved That this House establish a Select Committee to examine ways of helping small South Australian owned manufacturers of fresh, dried and other value-added (exotic and indigenous) vegetables, herbs and spice products and essences by

(a)       identifying existing and potential markets for such products of various styles in those countries, regions and sub-regions elsewhere in the world in which these products are presently consumed;

(b)       determining ways in which this industry sector can obtain the support of the three South Australian Universities;

(c)       the application of appropriate rigor to analysis of 

                                                  (i)  those markets;

                                                 (ii)  the existing and potential demand for each of these products;

                                               (iii)  types of packaging;

                                                (iv)  grading; and

                                                 (v)  pricing policies;

      which will maximise penetration of South Australian vegetables, herbs and spice products in those markets for South Australian based producers, whilst also ensuring and enhancing profitability.

         Ordered, on motion of Mrs Geraghty, that the debate be adjourned until Wednesday 1 June.

 

14      Postponement of business

Ordered, severally - That Notices of Motion: Private Members Bills/Committees/Regulations Nos 3 to 8, 10 and 12 to 14 to be postponed until Wednesday 1 June.

 

15      Education (Government Schools Assets Register) Amendment Bill

Ms Chapman, pursuant to notice, moved - That she have leave to introduce a Bill for an Act to amend the Education Act 1972.

Question put and passed.

         Bill presented and read a first time.

 

         Ms Chapman moved - That this Bill be now read a second time.

         Ordered, on motion of Mrs Geraghty, that the debate be adjourned until Wednesday 1 June.

 

16      Select Committee on the Adelaide Park Lands - Motion re

Mr Hanna, pursuant to notice, moved That this House establish a Select Committee to examine and report upon how best to protect the Adelaide Park Lands as land for public benefit, recreation and enjoyment, including

(a)       desirable protective measures to ensure the continuing availability of land for public recreational purpose;

(b)       arrangements for management responsibility and accountability;

(c)       the desirability of legislative protection and the form of legislation, if considered necessary;

(d)       the impact and feasibility of seeking to list the Adelaide Park Lands on the World Heritage List; and

(e)       any other related matter; 

      and that the Committee be entitled to incorporate that evidence previously gathered by the former Select Committee on the Adelaide Park Lands established in the 49th Parliament

         Debate ensued.

         Ordered, on motion of Dr McFetridge, that the debate be adjourned until Wednesday 6 July.

 

17      Postponement of business

Ordered - That Notices of Motion: Private Members Bills/Committees/Regulations Nos 17 and 18 be postponed until Wednesday 1 June.

 

18      Equal Opportunity (Genetic Impairment) Amendment Bill

Dr McFetridge, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Equal Opportunity Act 1984.

Question put and passed.

         Bill presented and read a first time.

 

         Dr McFetridge moved - That this Bill be now read a second time.

         Ordered, on motion of Mrs Geraghty, that the debate be adjourned until Wednesday 1 June.

 

19      Human Genetic Testing Services (Public Availability) Bill

Dr McFetridge, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to promote the provision of genetic testing services for the benefit of members of the public.

Question put and passed.

         Bill presented and read a first time.

 

         Dr McFetridge moved - That this Bill be now read a second time.

         Ordered, on motion of Mrs Geraghty, that the debate be adjourned until Wednesday 1 June.

 

20      Messages from the Legislative Council

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

 

         Criminal Assets Confiscation Bill                                                            Message No 57

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to provide for confiscation of proceeds and instruments of crime; to make related amendments to the Controlled Substances Act 1984, the Criminal Law Consolidation Act 1935, the Financial Transaction Reports (State Provisions) Act 1992 and the Legal Services Commission Act 1977; to repeal the Criminal Assets Confiscation Act 1996; and for other purposes, with the amendments indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

         Legislative Council, 24 May 2005                                                    R R Roberts, PRESIDENT

Schedule of amendments from the Legislative Council

 

Amendment No 1

Clause 3, page 14, line 18—

Delete ", 33(2)"

 

Amendment No 2

Clause 34, page 30, line 3—

Delete "section 24" and substitute:

section 24(1)(a) or (b)

 

Amendment No 3

Clause 34, page 30, lines 14 and 15—

Delete "to which section 24(1)(a) or (b) applies"

 

Amendment No 4

Clause 34, page 30, lines 20 and 21—

Delete "to which section 24(1)(a) applies"

 

         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:

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

 

         Naracoorte Town Square Bill                                                                 Message No 58

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to alter the trusts applicable to the Naracoorte Town Square to enable certain works to be undertaken; and for other purposes, with the amendment indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

         Legislative Council, 24 May 2005                                                    R R Roberts, PRESIDENT

 

Schedule of amendment from the Legislative Council

 

Amendment No 1

Clause 4, page 3, after line 23—

Insert:

     (3)     The Minister may, in connection with the operation of subsections (1) and (2)—

     (a)     determine that particular classes of public works within the ambit of subsection (1) need not be subject to the operation of subsection (2);

     (b)     determine that particular public works within the ambit of subsection (1)(d) may not be undertaken,

(and any such determination will have effect according to its terms).

 

         J M Davis CLERK OF THE LEGISLATIVE COUNCIL

 

         Ordered - That the amendment be taken into consideration forthwith.

 

In Committee

 

         Resolved - That the amendment be agreed to.

____________

 

         The House having resumed:

Mrs Geraghty reported that the Committee had considered the amendment referred to it and had agreed to the same without amendment.

 

         Joint Parliamentary Service Committee – Appointment of Alternate Member

                                                                                                                        Message No 59

MR SPEAKER - The Legislative Council informs the House of Assembly that pursuant to section 5 of the Parliament (Joint Services) Act 1995, it has appointed The Hon J M Gazzola to be the alternate Member to the President (The Hon R R Roberts).

         Legislative Council, 25 May 2005                                                    R R Roberts, PRESIDENT

 

21      Occupational Therapy Practice Bill

The Minister for Agriculture, Food and Fisheries (Hon R J McEwen), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to protect the health and safety of the public by providing for the registration of occupational therapists and occupational therapy students; to regulate the provision of occupational therapy for the purpose of maintaining high standards of competence and conduct by the persons who provide it; to repeal the Occupational Therapists Act 1974; 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 Brokenshire, that the debate be adjourned until tomorrow.

 

22      Suspension of Standing Orders

The Minister for Transport (Hon P F Conlon) without notice, moved - That Standing Orders be so far suspended as to enable the introduction forthwith and passage through all stages without delay of the Motor Vehicles (Double Demerit Points) Bill.

Question put and there being a negative voice.

 

         House divided (No 1):

 

           Ayes, 32

           Noes, 9

 

Hon M J Atkinson

Mr Brindal

Ms Bedford

Mrs Hall

Ms Breuer

Hon D C Kotz

Mr Brokenshire

Mr Lewis

Hon D C Brown

Dr McFetridge

Mr Caica

Mrs Penfold

Ms Ciccarello

Mrs Redmond

Hon I F Evans

Mr Venning

Mrs Geraghty

Hon G M Gunn (Teller)

Mr Goldsworthy

 

Mr Hamilton-Smith

 

Hon J D Hill

 

Hon R G Kerin

 

Hon S W Key

 

Mr Koutsantonis

 

Hon J D Lomax-Smith

 

Hon K A Maywald

 

Hon R J McEwen

 

Mr Meier

 

Mr O'Brien

 

Ms Rankine

 

Hon M D Rann

 

Mr Rau

 

Mr Scalzi

 

Mr Snelling

 

Hon L Stevens

 

Ms Thompson

 

Hon J W Weatherill

 

Hon P L White

 

Mr Williams

 

Hon M J Wright

 

Hon P F Conlon (Teller)

 

 

         So it was resolved in the affirmative.

 

         Motor Vehicles (Double Demerit Points) Bill

The Minister for Transport, pursuant to order, moved - That he have leave to introduce a Bill for an Act to amend the Motor Vehicles Act 1959.

Question put and passed.

         Bill presented and read a first time.

 

         The Minister for Transport moved - That this Bill be now read a second time.

Debate ensued.

 

23      Extension of time for adjournment

Ordered, on motion of the Minister for Transport, that the time for moving the adjournment of the House be extended beyond 10.00 pm.

 

24      Motor Vehicles (Double Demerit Points) Bill

Debate (interrupted by the foregoing) resumed.

 

25      Suspension of Standing Orders

The Minister for Environment and Conservation (Hon J D Hill), without notice, moved - That Standing Orders be so far suspended as to enable the House to sit beyond midnight.

Question put and there being a negative voice.

 

         House divided (No 2):

 

           Ayes, 33

           Noes, 5

 

Hon M J Atkinson

Mr Brindal

Ms Bedford

Hon G M Gunn

Ms Breuer

Mrs Penfold

Mr Brokenshire

Mr Venning

Hon D C Brown

Mr Lewis (Teller)

Hon M R Buckby

 

Mr Caica

 

Ms Chapman

 

Ms Ciccarello

 

Hon P F Conlon

 

Hon I F Evans

 

Mrs Geraghty

 

Mr Goldsworthy

 

Mrs Hall

 

Mr Hamilton-Smith

 

Hon S W Key

 

Mr Koutsantonis

 

Hon J D Lomax-Smith

 

Hon K A Maywald

 

Hon R J McEwen

 

Dr McFetridge

 

Mr Meier

 

Mr O'Brien

 

Ms Rankine

 

Mr Rau

 

Mrs Redmond

 

Mr Scalzi

 

Mr Snelling

 

Ms Thompson

 

Hon J W Weatherill

 

Hon P L White

 

Hon M J Wright

 

Hon J D Hill (Teller)

 

 

         So it was resolved in the affirmative.

 

____________

 

It being Midnight

THURSDAY 26 MAY

____________

 

 

26      Motor Vehicles (Double Demerit Points) Bill

Debate (interrupted by the foregoing) resumed.

         Question put and passed.

 

         Bill read a second time.

 

In Committee

Clauses Nos 1 to 3 agreed to.

Clause No 4 amended and agreed to.

 

Hon G M Gunn moved on page 3, after line 26, to insert the following new clauses and schedule

 

5—Amendment of section 98BD—Notices to be sent by Registrar

Section 98BD(3a)—after "section 98BE" insert:

or lodge an appeal under section 98BF

6—Amendment of section 98BE—Disqualification and discounting of demerit points

Section 98BE(1)—after "this section" insert:

and section 98BF

7—Insertion of section 98BF

After section 98BE insert:

98BF—Hardship appeals where double demerit points incurred

     (1)     If—

     (a)     a person who holds a licence is given a notice of disqualification as a result of incurring demerit points; and

     (b)     the demerit points incurred consist of, or include, demerit points incurred in accordance with section 98B(3d);

the person may appeal to the Magistrates Court against the disqualification.

     (2)     The appellant and the Crown are entitled to be heard on an appeal under this section.

     (3)     If the Magistrates Court is satisfied by evidence given on oath by or on behalf of the appellant that the disqualification would result in undue hardship to the appellant, the Court may allow the appeal and order that the disqualification be removed (in which case any licence held by the appellant at the time the disqualification took effect is to be taken to be in force again).

     (4)     Where an appeal against disqualification has been instituted under this section, the disqualification and any related cancellation are suspended until the determination or withdrawal of the appeal.

Question – That new clauses Nos 5 to 7 be inserted – put and negatived.

 

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 an amendment.

 

The Minister for Transport moved - That this Bill be now read a third time.

Debate ensued.

Question put.

 

 

 

 

 

 

 

 

 

 

 

         House divided (No 3):

 

           Ayes, 30

           Noes, 4

 

Hon M J Atkinson

Mr Brindal

Ms Bedford

Mr Lewis

Ms Breuer

Mrs Penfold

Mr Brokenshire

Hon G M Gunn (Teller)

Hon D C Brown

 

Hon M R Buckby

 

Mr Caica

 

Ms Chapman

 

Ms Ciccarello

 

Hon I F Evans

 

Mrs Geraghty

 

Mrs Hall

 

Mr Hamilton-Smith

 

Hon S W Key

 

Mr Koutsantonis

 

Hon J D Lomax-Smith

 

Hon K A Maywald

 

Hon R J McEwen

 

Dr McFetridge

 

Mr Meier

 

Ms Rankine

 

Mr Rau

 

Mrs Redmond

 

Mr Scalzi

 

Mr Snelling

 

Ms Thompson

 

Hon J W Weatherill

 

Hon P L White

 

Hon M J Wright

 

Hon P F Conlon (Teller)

 

 

         So it was resolved in the affirmative.

 

         Bill read a third time and passed.

 

27      Adjournment

House adjourned at 2.00 am until today at 10.30 am.

 

____________

 

 

MOTION OF WHICH NOTICE WAS GIVEN

 

 

            For Wednesday 1 June 2005

 

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

 

Mr Hanna to move – That the Regulations made under the Gaming Machines Act 1992 entitled Forms and Fees, made on 31 March and laid on the Table of this House on 5 April, be disallowed.

 

____________

 

Present during the day - All Members.

 

 

 

 

 

                                                                                                                        Hon R B Such

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY