No. 59

 

                     VOTES AND PROCEEDINGS

 

                            OF THE

 

                       HOUSE OF ASSEMBLY

 

 

                                                                                                                        

 

 

                                                                                  FRIDAY 30 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          Postponement of business

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

 

 3          Murray-Darling Basin Bill

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

              Debate resumed.

 

              Bill read a second time.

 

              Contingent Notice of Motion

              Hon. D.C. Wotton, pursuant to contingent notice, moved - That Standing Order 364 be so far suspended as to enable Members to speak three times on each proposed clause of the Schedule, without a question being put.

              Question put and passed.

 

                                                                                            In Committee

                                     Clauses Nos 1 to 27 agreed to.    

                                     Clause No.28 amended and agreed to.

                                     Clauses Nos 29 to 32 agreed to.

                                     Schedule 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 with an amendment.

 

              Bill read a third time and passed.

 

 

 

 

 

4           Message from the Governor

              The following Message from the Governor was received and read:

 

              Criminal Injuries Compensation (Miscellaneous) Amendment Bill -

                Recommending                                                                                                                                        Message No. 29

              The Governor recommends to the House of Assembly the appropriation of such amounts of

                money as may be required for the purposes mentioned in the Criminal Injuries Compensation (Miscellaneous) Amendment Bill 1993.

              Government House, Adelaide, 30 April 1993                       R.F. Mitchell, GOVERNOR

 

5           Questions

              Questions without notice were asked.

 

6           Messages from the Legislative Council

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

 

              Development Bill                                                    Message No. 124

              MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled

                an Act to provide for planning and regulate development in the State; to regulate the use and management of land and buildings, and the design and construction of buildings; to make provision for the maintenance and conservation of land and buildings where appropriate; 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, 30 April 1993                                         G.L. Bruce, PRESIDENT

 

                                                 Schedule of the amendments made by the Legislative Council

              No. 1   Page 5 (clause 4) - After line 9 insert new definition as follows:-

                          ‘“ecologically sustainable development” means development which seeks -

                          (a) to enhance individual and community wellbeing and welfare by following a path of economic development that safeguards the welfare of future generations; and

                          (b) to provide for equity within and between generations; and

                          (c)   to protect biological diversity and to maintain ecological processes and systems;’.

              No. 2   Page 8 (clause 5) - After line 8 insert new paragraph as follows:-

                          “(ba)  a copy of the proposed regulations must be sent to the Local Government Association of South Australia at an appropriate time determined by the Advisory Committee and the Advisory Committee must give the Local Government Association of South Australia a reasonable opportunity to make submissions in relation to the matter;”.

              No. 3   Page 8, line 11 (clause 5) - After “public comment” insert “and the submissions received from the Local Government Association of South Australia”.

              No. 4   Page 9 (clause 7) - After line 25 insert new subclause as follows:-

                          “(4) A regulation under subsection (3) must not provide for the modification of any provision of this Act which specifically provides for, restricts or prevents an appeal under this Act.”

              No. 5   Page 12, line 1 (clause 10) - After “urban” insert “or regional”.

              No. 6   Page 12, lines 3 to 5 (clause 10) - Leave out paragraph (e) and insert new paragraphs as follow:-

                          “(e) a person with practical knowledge of, and experience in, environmental conservation chosen from a panel of three such persons submitted to the Minister by the Conservation Council of South Australia Incorporated;

 

 

 

                      (f)    a person with practical knowledge of, and experience in, the provision of facilities for the benefit of the community chosen from a panel of three such persons submitted to the Minister by the South Australian Council of Social Service Incorporated;

                          (g) a person with practical knowledge of, and experience in, urban and regional planning.”

              No. 7   Page 13, line 11 (clause 10) - Leave out “other than an appointment under subsection (3)(c) )” and insert “under  subsection (3)(a), (b), (d)  or (g) ”.

              No. 8   Page 13, line 12 (clause 10) - Leave out “under this section”.

              No. 9   Page 16, lines 2 and 3 (clause 18) - Leave out subclause (4) and insert new subclause as follows:-

                          “(4) An authorised officer must produce the identity card for inspection before exercising the powers of an authorised officer under this Act in relation to any person.”

              No.10  Page 16, lines 12 and 13 (clause 19) - Leave out subparagraph (i) and insert new subparagraphs as follow:-

                          “(i) where the authorised officer reasonably suspects that a provision of this Act is being, or has been breached;

                          (ia) in the case of an authorised officer who holds prescribed qualifications - for the purpose of inspecting any building work;”.

              No.11  Page 17, line 22 (clause 19) - Leave out “and provide such facilities as are” and insert “as is”.

              No.12  Page 18, lines 4 to 20 (clause 19) - Leave out subclauses (8) and (9) and insert new subclauses as follow:-

                          “(8) It is not a reasonable excuse for a person to fail to answer a question or to produce, or provide a copy of, a document or information as required under this section that to do so might tend to incriminate the person or make the person liable to a penalty.

                              (9)       If compliance by a person with a requirement under this section might tend to incriminate the person or make the person liable to a penalty, then -

                                         (a)   in the case of a person who is required to produce, or provide a copy of, a document or information - the fact of production, or provision of a copy of, the document or the information (as distinct from the contents of the document or the information);

                                                 or

                                         (b)   in any other case - the answer given in compliance with the requirement, is not admissible in evidence against the person in proceedings for an offence or for the imposition of a penalty (other than proceedings in respect of the making of a false or misleading statement).”

              No.13  Page 21 (clause 22) - After line 13 insert new subclauses as follow:-

                              “(3a)   Subject to subsection (3b), the appropriate Minister must, in relation to any proposal to create or alter the Planning Strategy -

                                             (a)  prepare a draft of the proposal for public consultation; and

                                             (b)  by public advertisement, give notice of the place or places at which copies of the draft are available for inspection (without charge) and purchase and invite interested persons to make written representations on the proposal within a specified period of not less than two months from the date of publication of the advertisement; and

                                             (c)             arrange for a series of meetings at which members of the public may make personal representations on the proposal; and

                                             (d)  ensure (so far as is reasonably practicable) that any representation made under paragraph (b)  or (c)  is taken into account before the Planning Strategy is created or altered (as the case may be).

 

 

 

                              (3b)     Subsection (3a) does not apply in relation to a proposal to alter the Planning Strategy if the appropriate Minister has, by notice published in the Gazette, certified that, in his or her opinion -

                                             (a)  the alteration is of a minor nature and, in the circumstances, does not warrant public consultation; or

                                             (b)  it is necessary for the proper operation or application of the Planning Strategy that the alteration take effect without delay.”

              No.14  Page 23, lines 29 and 30 (clause 24) - Leave out “by the Minister” and insert the following:-

                              “(i)  by the relevant councils after consultation with the Minister; or

                              (ii)       by the Minister on the basis that he or she considers that the amendment is reasonably necessary to promote orderly and proper development within the relevant areas and that, after consultation with the relevant councils, it is appropriate for the Minister to undertake the amendment;”.

              No.15  Page 24 (clause 24) - After line 8 insert new subclause as follows:-

                              “(2) The Minister must, in relation to the preparation of an amendment under subsection (1)(e) or (f), consult with the Minister responsible for the administration of the Heritage Act 1993  and the State Heritage Authority.”

              No.16  Page 26 (clause 25) - After line 10 insert new subclause as follows:-

                              “(14)   A reference in this section to a council includes, where an amendment relates to the areas of two or more councils, a reference to the councils for those areas.’

              No.17  Page 27 - After line 6 insert new subclause as follows:-

                              "26a. Special provision relating to places of local heritage value (1) If a proposed amendment designates a place as a place of local heritage value, the council or the Minister, as the case may be, must give each owner of land constituting the place proposed as a place of local heritage value a written notice -

                                (a)    informing him or her of the proposal; and

                                (b)    setting out any reasons for the proposal of which it is aware; and

                                (c)    inviting the owner to make submissions to the Advisory Committee within four weeks of the receipt of the notice on whether the proposal should proceed.

                                (2) An owner of land constituting a place proposed as a place of local heritage value may, within four weeks of the receipt of a notice under subsection (1), make written representations to the Advisory Committee on whether the proposal should proceed.

                                (3) If a person who makes written representations under subsection (2) seeks to appear personally before the Advisory Committee to make oral representations, the Advisory Committee must allow him or her a reasonable opportunity to appear personally or by representative before it.

                                (4) The Advisory Committee must then prepare a report in relation to the matter for the council or the Minister.

                                (5) A copy of the report must be provided to each person (if any) who made a representation to the Advisory Committee under subsection (2).

                                (6) If it is proposed that the amendment still proceed, a copy of the draft Plan Amendment Report must be sent to each person (if any) who made a representation to the Advisory Committee under subsection (2).

                                (7) A person who is entitled to receipt of a draft Plan Amendment Report under subsection (6) may appeal to the Court against the proposed designation of the place as a place of local heritage value.

                                (8) The appeal must be commenced within four weeks after the draft Plan Amendment Report is received under subsection (6) (and this period cannot be extended by the Court).

                                (9) If an appeal is commenced, then, notwithstanding sections 25 and 26 -

 

 

                                         (a)  the Plan Amendment Report cannot proceed further until the determination of the appeal; and

                                         (b)  the council or the Minister (as the case may be) is a party to the appeal; and

                                         (c)       the Court may, on the determination of the appeal -

                                             (i)               confirm, vary or reverse the designation of the place as a place of local heritage;

                                             (ii)              remit the matter to the council or the Minister for further consideration or for reconsideration;

                                             (iii)  make consequential or ancillary orders (including orders that alter the proposed amendment, or provide that the proposed amendment no longer proceed).”

              No.18  Page 27, line 8 (clause 27) - Leave out “may” and insert “must”.

              No.19  Page 27, line 17 (clause 27) - Leave out “may” and insert “must”.

              No.20  Page 27, line 27 (clause 27) - Leave out “may” and insert “must”.

              No.21  Page 27, line 29 (clause 27) - Leave out “may” and insert “must”.

              No.22  Page 28, line 3 (clause 27) - Leave out “both Houses of Parliament pass resolutions disallowing an amendment laid before them” and insert “either House of Parliament passes a resolution disallowing an amendment laid before it”.

              No.23  Page 28, lines 12 and 13 (clause 28) - Leave out “in the interests of the orderly and proper” and insert “in order to prevent the undesirable”.

              No.24  Page 28, line 22 (clause 28) - After “cause copies of” insert “the amendment and”.

              No.25  Page 28, line 27 (clause 28) - Leave out paragraph (b)   and insert new paragraph as follows:-

                              “(b)    if either House of Parliament passes a resolution disallowing the amendment within 12 sitting days (which need not fall within the same session of Parliament) after a notice of motion for disallowance is given, provided that notice was given within 14 sitting days (which need not fall within the same session of Parliament) after the day on which the amendment was laid before the House; or”.

              No.26  Page 28 (clause 28) - After line 35 insert new subclause as follows:-

                              “(7)  If an amendment ceases to operate by virtue of subsection (4)(a), (b)  or (c)                                                   then, despite any other provision of this Act (but subject to subsection (8)) -

                                         (a)  any application under Part 4 which has been made on the basis of the amendment (and would not otherwise be valid) automatically lapses; and

                                         (b)  any development authorisation previously given on the basis of the amendment (and which would not otherwise have been given) ceases to have effect.

                              (8)       Subsection (7)(b)  does not apply in relation to a development authorisation where the development has been commenced by substantial work on the site of the development before the amendment ceases to operate.”

              No.27  Page 32 (clause 34) - After line 29 insert new paragraph as follows:-

                              “(iiia)  the Minister, acting at the request of the proponent, declares, by notice in writing to the relevant council, that the Minister is satisfied that the council has a conflict of interest in the matter on the basis that the council has undertaken, is undertaking, or has resolved to undertake (either on its own or in joint venture with any other person), a similar development within its area;”.

              No.28  Page 36, line 10 (clause 37) - Leave out paragraph (b) (and the word “and” immediately preceding that paragraph).

              No.29  Page 39 (clause 39) - After line 33 insert new subclause as follows:-

                              “(5a)   If a relevant authority permits an applicant to vary an application that relates to a Category 2 or Category 3 development within the meaning of section 38, the application will, for the purposes of this Part, but subject to any exclusion or modification prescribed by the regulations, to the extent of the variation, be treated as a new application.”

 

 

              No.30  Page 42, line 28 (Heading) - After “MAJOR” insert the words “DEVELOPMENTS OR”.

              No.31  Page 43, lines 12 to 17 (clause 46) - Leave out paragraphs (a) and (b) and insert “the Minister may, by notice in writing to the proponent, declare that this section applies to the development or project”.

              No.32  Page 43 (clause 46) - After line 17 insert new subclauses as follow:-

                              “(2a)   The Minister must make a declaration under subsection (2) if the proposed development or project falls within criteria prescribed by the regulations.

                              (2b)     The Minister must, within 14 days after making a declaration under subsection (2), cause to be published in a newspaper circulating generally through the State a notice -

                                             (a)  describing the development or project in reasonable detail; and

                                             (b)  if an application has been lodged under this Act in relation to a proposed development, specifying a place at which the application may be inspected; and

                                             (c)             inviting members of the public to make written submissions to the Minister within a period specified in the notice (which must be a period of at least four weeks from the date of publication of the notice) on -

                                                                (i)            the development or project; and

                                                                (ii)           the matters which an environmental impact statement in relation to the development or project should address.

                              (2c)     The Minister must then hold such hearings as he or she thinks fit in relation to the matter.

                              (2d)     At a hearing held pursuant to subsection (2c) -

                                             (a)  any person who made written submissions to the Minister will be entitled to appear personally or by representative and to be heard on his or her submissions; and

                                             (b)  the Minister may hear and consider such other evidence and representations as he or she thinks fit.

                              (2e)     The Minister may (whether or not he or she holds a hearing referred to above) conduct such private inquiries into the development or project as he or she thinks fit.

                              (2f)      The proponent must then, in consultation with the Minister, have prepared, or arrange for the preparation of, an environmental impact statement in relation to the proposed development or project in accordance with guidelines prescribed by the regulations.”

              No.33  Page 46, lines 8 and 9 (clause 48) - Leave out “the Minister requires the preparation of an environmental impact statement” and insert “the proponent receives a notice under section 46(2)”.

              No.34  Page 47, line 29 - After “CROWN DEVELOPMENT” insert “BY STATE AGENCIES”.

              No.35  Page 47 (clause 49) - After line 31 insert new definition as follows:-

                              ‘“the Crown” means the Crown in right of the State;’.

              No.36  Page 48, lines 28 to 32 (clause 49) - Leave out subclause (8) and insert new subclause as follows:-

                              “(8)  If it appears to the Development Assessment Commission -

                                         (a)  that the proposal is seriously at variance with -

                                                     (i)       the provisions of the appropriate Development Plan (so far as they are relevant); or

                                                     (ii)      any code or standard prescribed by the regulations for the purposes of this provision; or

                                         (b)  that the proposal would have an adverse affect to a significant degree on any services or facilities, or businesses, provided or carried on in the proximity of the development; or

 

                                         (c)       that the development could be undertaken at least as efficiently or effectively by a private developer; or

                                         (d)  that the proposal is in direct competition with a development that has been undertaken, or is being undertaken, by a private developer in the proximity of the development,

                              specific reference of that fact must be included in the report.”

              No.37  Page 49, lines 12 to 16 (clause 49) - Leave out all words in these lines after “thinks fit” in line 12.

              No.38  Page 49 (clause 49) - After line 16 insert new subclause as follows:-

                              “(13a) An approval under this section will be taken to be given subject to the condition that, before any building work is undertaken, the building work be certified by a private certifier, or by some person determined by the Minister for the purposes of this provision, as complying with the provisions of the Building Rules (or the Building Rules, as modified according to criteria prescribed by the regulations).”

              No.39  Page 49, lines 21 to 23 (clause 49) - Leave out paragraph (b)  and insert new paragraph as follows:-

                              “(b)    the Minister approves a development that required a specific reference under subsection (8),”.

              No.40  Page 49, line 28 (clause 49) - Leave out “(including a certificate or approval under Part 6)” and insert “(other than to fulfil a condition under subsection (13a), or to comply with the requirements of Part 6)”.

              No.41  Page 50, lines 10 to 12 (clause 50) - Leave out all words in these lines and insert the following:-

                              “and, in so acting, the council or the Development Assessment Commission must have regard to any relevant provision of the Development Plan that designates any land as open space and, in the case of a council, must not take any action that is at variance with that Development Plan without the concurrence of the Development Assessment Commission”.

              No.42  Page 58, line 11 (clause 59) - Leave out “A” and insert “Subject to subsection (1a), a”.

              No.43  Page 58 (clause 59) - After line 14 insert new subclause as follows:-

                              “(1a)   If the building work is being carried out on a building owned or occupied by the Crown, the person must notify the Minister (instead of the council) of the  commencement or completion of a prescribed stage of work.”

              No.44  Page 58, line 15 (clause 59) - Leave out “by a statement” and insert “or supported by a statement from a person who holds prescribed qualifications”.

              No.45  Page 61, lines 14 to 17 (clause 65) - Leave out the clause and insert new clause as follows:-

                              "65. Interpretation In this Division -

                                     “the appropriate authority” means -

                                     (a)  in relation to a building owned or occupied by the Crown (or an agency or instrumentality of the Crown), or to any building work carried on by the Crown (or by an agency, instrumentality, officer or employee of the Crown) - the Minister; or

                                     (b)  in any other case - the council for the relevant area.’

              No.46  Page 61, line 20 (clause 66) - After “in accordance with the regulations” insert “and assigned by appropriate authority (as at the date on which the classification falls to be determined)”.

              No.47  Page 61, line 27 (clause 66) - Leave out “or the Minister assigns a classification under this section” and insert “assigns a classification under this section, or the Minister assigns a classification under subsection (3),”.

              No.48  Page 61 (clause 66) - After line 37 insert new subclause as follows:-

                              “(7) This section does not apply in respect of any building owned or occupied by the Crown (or an agency or instrumentality of the Crown) erected before the commencement of this section.”

 

 

              No.49  Page 62, line 9 (clause 67) - Leave out “a council” and insert “the appropriate authority”.

              No.50  Page 62, line 11 (clause 67) - Leave out “council” and insert “appropriate authority”.

              No.51  Page 62, line 20 (clause 67) - Leave out “council” and insert “appropriate authority”.

              No.52  Page 62, line 22 (clause 67) - Leave out “council” and insert “appropriate authority”.

              No.53  Page 62, line 32 (clause 67) - Leave out “A council which refuses an application” and insert “If an application is refused by a council, the council”.

              No.54  Page 63, line 5 (clause 67) - Leave out “A council” and insert “The appropriate authority”.

              No.55  Page 63, line 8 (clause 68) - Leave out “a council” and insert “the appropriate authority”.

              No.56  Page 63, line 10 (clause 68) - Leave out “the council” and insert “the appropriate authority”.

              No.57  Page 63, line 12 (clause 68) - Leave out “A council which refuses an application” and insert “If an application is refused by a council, the council”.

              No.58  Page 69, line 18 (clause 74) - After “1934” insert “or the Electoral Act 1985”.

              No.59  Page 78, lines 32 and 33 (clause 85) - Leave out “, or with the approval of,”.

              No.60  Page 80, line 30 (clause 86) - After “who has applied” insert “to a council”.

              No.61  Page 80, line 31 (clause 86) - After “against a refusal” insert “by the council”.

              No.62  Page 82 - After line 22 insert new clause as follows:-

                              "87a.   Powers of Court on determination of a matter  The Court may, on hearing any proceedings under this Act -

                                         (a)  confirm, vary or reverse any decision, assessment, consent, approval, direction, act, order or determination to which the proceedings relate;

                                         (b)  affirm, vary or quash any order, notice or other authority that has been issued;

                                         (c)       order or direct a person or body to take such action as the Court thinks fit, or to refrain (either temporarily or permanently) from such action or activity as the Court thinks fit;

                                         (d)  if appropriate to the subject matter of the proceedings, order -

                                                     (i)       that a building (or any part of a building) be altered, reinstated or rectified in a manner specified by the Court;

                                                     (ii)      that a party to the dispute remove or demolish a building (or any part of a building);

                                         (e)   make any consequential or ancillary order or direction, or impose any condition, that it considers necessary or expedient.”

                                                                                                                  J.M. Davis, CLERK OF THE LEGISLATIVE COUNCIL

 

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

 

              Mutual Recognition (South Australia) Bill                                                                                        Message No. 125

              MR SPEAKER - The Legislative Council has, in reply to Message No. 150 from the House of Assembly, agreed to grant a Conference on the Mutual Recognition (South Australia) Bill, as requested by the House of Assembly.  The Legislative Council has named the hour of three-thirty p.m., this day to receive the Managers on behalf of the House of Assembly, at the Conference Room of the Legislative Council.

              Legislative Council, 30 April 1993                       G.L. Bruce, PRESIDENT

 

              Conference

              Ordered - That a Message be sent to the Legislative Council agreeing to the time and place

                appointed by the Council.

 

 

 

              The Premier (Hon. L.M.F. Arnold), without notice, moved - That the sitting of the House

                be continued during the Conference with the Legislative Council on the Mutual Recognition (South Australia) Bill.

              Question put and passed.

 

7           Grievance debate

              The Speaker proposed - That the House note grievances.

              Debate ensued.

              Question put and passed.

 

8           Equal Opportunity (Compulsory Retirement) Amendment Bill

              Order of the Day read for the second reading of the Equal Opportunity (Compulsory                              Retirement) Amendment Bill.

              The Minister of Environment and Land Management (Hon. M.K. Mayes) moved - That

                this Bill be now read a second time.

              Ordered, on motion of Mr Ingerson, that the debate be adjourned until Tuesday next.

 

9           National Parks and Wildlife (Miscellaneous) Amendment Bill

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

                and Wildlife (Miscellaneous) 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 8 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.

 

10 Harbors and Navigation Bill

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

      Navigation 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.

                                                                                                       Clause No. 4 amended and agreed to.

                                                                                                       Clauses Nos 5 to 10 agreed to.

                                                                                                       Clause No. 11 read.

Hon. P.B. Arnold moved, on page 6, line 22, to leave out the words "or to any other                   person."

Question put and negatived.

                                                                                                       Clause agreed to.

                                                                                                       Clauses Nos 12 and 13 agreed to.

 

 

 

                                                                                                       Clause No. 14 read.

Hon. P.B. Arnold moved on page 6, after line 3, to insert new sub clause as follows:

      "(3)    An authorized person who -

                (a)      speaks offensively to another in the course of exercising powers under this Act; or

                (b)     hinders or obstructs another, or uses or threatens to use, force against another, without reasonable grounds to believe that the authorized person has lawful authority to do so,

      is guilty of an offence."

      Penalty: Division 6 fine.

Question put and negatived.

                                                                                                       Clause agreed to.

                                                                                                       Clauses Nos 15 to 19 agreed to.

                                                                                                       New Clause No. 20 inserted.

                                                                                                       Clauses Nos 21 to 22 agreed to.

                                                                                                       Clause No. 23 read.

Hon. P.B. Arnold moved on page 13, lines 9 and 10, to leave out subclause (1) and insert in lieu thereof:

      (1) The Minister may establish such navigational aids as the Minister considers

      necessary or desirable for the safe navigation of vessels within the jurisdiction and must maintain all such navigational aids.

      Question put and negatived.

                                                                                                       Clause agreed to.

                                                                                                       Clauses Nos 24 to 90 agreed to.

Hon. P.B. Arnold moved, on page 45, after line 25, to insert new clause as follows:

      "90a. No compulsory disclosure of certain information The master or owner of a vessel or a shipping agent may not be required to provide information to the Minister, CEO or the department as to the consignee or consignor or importer or exporter of goods to be loaded or unloaded."

Question put and negatived.

                                                                                                       New Clause No. 91 inserted.

                                                                                                       Schedule 1 agreed to.

                                                                                                       Schedule 2 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 with amendments.

 

Bill read a third time and passed.

 

11 Conference - Mutual Recognition (South Australia) Bill

The Premier (Hon. L.M.F. Arnold) reported as follows:

I have to report that the Managers have been at the Conference on the Mutual Recognition                     (South Australia) Bill which was managed on the part of the Legislative Council by the Hon. J.C. Burdett, Hon. M.S. Feleppa, Hon. I. Gilfillan, Hon. K.T. Griffin and Hon. C.J. Sumner and we there delivered the Bill, together with the resolution adopted by this House and thereupon the Managers for the two Houses conferred together but no agreement was reached.

 

 

 

 

 

12 Criminal Injuries Compensation (Miscellaneous) Amendment Bill

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

      Injuries Compensation (Miscellaneous) 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 7 agreed to.

 

The Minister of Primary Industries (Hon. T.R. Groom) moved to insert new Clause No. 8 as follows:

8. Amendment of s. 13 Imposition of levy Section 13 of the principal Act is amended

(a)      by striking out from subsection (3) (a) (i) "$5" and substituting "$10";

(b)     by striking out from subsection (3) (a) (ii) "$20" and substituting "$40";

(c)      by striking out from subsection (3) (b) "$30 and substituting "$60"; and

(d)     by striking out from subsection (4) "$10" twice occuring, and substituting, in each case, "$20".

Question put.

Committee divided (No. 1):

       Ayes, 19.                                                                 Noes, 18.

   Hon. L.M.F. Arnold

   Mr Atkinson

   Hon. J.C. Bannon

   Mr De Laine

   Mr Hamilton

   Hon. T.H. Hemmings

   Mr Heron

   Mr Holloway

   Hon. D.J. Hopgood

   Mrs Hutchison

   Hon. J.H.C. Klunder

   Hon. S.M. Lenehan

   Mr McKee

   Hon. M.K. Mayes

   Hon. N.T. Peterson

   Mr Quirke

   Hon. M.D. Rann

   Hon. J.P. Trainer

   Hon. T.R. Groom (Teller)

Hon. H. Allison

Dr Armitage

Mr D.S. Baker

Mr S.J. Baker

Mr Becker

Mr Brindal

Hon. D.C. Brown

Hon. J.L. Cashmore

Mr S.G. Evans

Mr Ingerson

Mrs Kotz

Mr Lewis

Mr Matthew

Mr Oswald

Mr Such

Mr Venning

Hon. D.C. Wotton

Hon. B.C. Eastick (Teller)

So it was resolved in the affirmative.

                                                                                                       Clause No. 9 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 with an amendment.

 

Bill read a third time and passed.

 

 

13 Adjournment

House adjourned at 5.50 p.m. until Tuesday next at 2.00p.m.

 

                                                                                                                         

 

Present during the day - All the Members except Hon. M.J. Evans and Hon R.J. Gregory.

 

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

 

Division No. 1 -       

 

      Ayes - Hon. F.T. Blevins, Hon. M.J. Evans, Hon. R.J. Gregory

      Noes - Messrs Blacker, Gunn and Meier

 

 

 

 

 

 

                                                                                                                                                                                       N.T. Peterson

                                                                                                                                                                                       SPEAKER

 

D.A. Bridges

ACTING CLERK OF THE HOUSE OF ASSEMBLY