No 60

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

THURSDAY 1 NOVEMBER 2001

 

 

1       Meeting of House

The House met pursuant to adjournment.  The Speaker (Hon J K G Oswald) took the             Chair and read prayers.

 

2       Postponement of business

Ordered – separately – That Notices of Motion: Private Members Bills/Committees/ Regulations Nos 1 to 5 be postponed until Thursday 15 November.

 

3       Statutes Amendment and Repeal (Shop Trading Hours Reform) Bill

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

Debate resumed.

Ordered, on motion of Mrs Geraghty, that the debate be further adjourned until Thursday 15 November.

 

4        Referendum (Gaming Machines) Bill

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

 

Speaker’s Ruling – Bill Out of Order

The Speaker, in ruling the Bill out of order, made the following statement:

I have examined this Bill and note that clause 4 contains a provision intending to appropriate revenue. This makes it a Money Bill.

Standing order 232 says in part  “a Bill which … authorises the … expenditure of money … is introduced by a Minister.”

Section 59 of the Constitution Act 1934 also provides that “it shall not be lawful for either House of the parliament to pass any vote, resolution, or Bill for the appropriation of any part of the revenue, or of any tax, rate, duty, or impost, for any purpose which has not been first recommended by the Governor to the House of Assembly during the session in which such vote, resolution, or Bill is passed.”

I therefore rule that the Referendum (Gaming Machines) Bill is a Money Bill which cannot be introduced by a private Member and direct that it be withdrawn from the Notice Paper.

 


5       Residential Tenancies (Caravan and Transportable Home Parks) Amendment Bill

         Order of the Day read for the further consideration in Committee of this Bill.

 

In Committee

                                                Clause No 3 further considered.

 

To report progress and ask leave to sit again.

 

____________

 

      The House having resumed:

Mr Hamilton-Smith 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 Thursday 15 November.

 

6       Postponement of business

Ordered – separately – That Notices of Motion: Other Motions Nos 1 to 3 be postponed until Thursday 15 November.

 

7       Drugs Effects on Driving - Motion re

         Hon D C Wotton, pursuant to notice, moved - That this House requests the Government to urgently look at the issues surrounding the effects of drugs on driving and to provide further information on this subject as a matter of urgency.

         Debate ensued.

____________

 

The 30 minutes for Notices of Motion: Other Motions having expired, Orders of the Day: Other Motions were called on.

____________

 

 

8       Postponement of business

Ordered - That Orders of the Day: Other Motions be postponed until Notices of Motion: Other Motions are disposed of.

 

9       Drugs Effects on Driving - Motion re

         Debate (interrupted by the foregoing) resumed.

         Ordered, on motion of Mrs Geraghty, that the debate be adjourned until Thursday 15 November.

 

10      Economic Confidence in South Australia - Motion re

         Mr Meier, pursuant to notice, proceeding to move - That this House congratulates the Government on having restored economic confidence to South Australia after it was brought to the precipice of economic ruin by the previous Labor Governments.

 

____________

 

It being 1.00 pm, the motion was adjourned (Mr Meier, by leave) and made an Order of the Day for Thursday 15 November.

____________

 

11      Questions

         Questions without notice were asked.

 

12      Paper

         The following Paper was tabled:

 

         By the Minister for Environment and Heritage (Hon I F Evans)

               Australian Democrats Taxation Policy

 

13      Public Works Committee - Report – J P Morgan Chase & Co Regional Hub Building – Stage One – Final Report

Mr Lewis brought up the One Hundred and Sixty-First Report of the Public Works Committee on the J P Morgan Chase & Co Regional Hub Building – Stage One – Final Report.

Report received.

Ordered to be published (Paper No 245).

 

14      Grievance debate

         The Speaker proposed - That the House note grievances.

         Debate ensued.

         Question put and passed.

 

15      Next day of sitting

         The Deputy Premier (Hon D C Brown) moved - That the House at its rising adjourn until Tuesday 13 November at 2.00 pm.

         Question put and passed.

 

16      Agricultural and Veterinary Products (Control of Use) Bill

The Minister for Primary Industries and Resources (Hon R G Kerin), pursuant to notice, moved - That he have leave to introduce a Bill for an Act relating to agricultural chemical products, fertilisers and veterinary products; to repeal the Agricultural Chemicals Act 1955, the Stock Foods Act 1941 and the Stock Medicines Act 1939; to amend the Agricultural and Veterinary Chemicals (South Australia) Act 1994 and the Livestock Act 1997; 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 Ms Hurley, that the debate be adjourned until Tuesday 13 November.

 

17      Aquaculture Bill

The Minister for Primary Industries and Resources, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to regulate marine and inland aquaculture; to amend the Environment Protection Act 1993 and the Fisheries Act 1982; 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 Ms Hurley, that the debate be adjourned until Tuesday 13 November.

 


18      Messages from the Legislative Council

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

 

         Victims of Crime Bill                                                                   Message No 122

MR SPEAKER – The Legislative Council has agreed to Amendments Nos 2 to 4 made by the House of Assembly in the Victims of Crime Bill without any amendment, has disagreed to Amendment No 1 for the Reason indicated and has made in lieu an Alternative Amendment indicated by the annexed Schedule to which it desires the concurrence of the House of Assembly. The Bill is returned herewith.

         Legislative Council, 31 October 2001                                          J C Irwin, PRESIDENT

 

Schedule of amendment made by the House of Assembly and disagreed by the

Legislative Council

 

         House of Assembly’s Amendment No 1

Clause 20, page 15, line 26—Before "the amount" insert:

 

            if the numerical value so assigned is 3 or less, no award will be made for non-financial loss but, if the numerical value exceeds 3,

 

Schedule of the Reason for disagreeing with the foregoing amendment

 

Because the Legislative Council’s amendment is fairer than the amendment proposed by the House of Assembly.

 

Schedule of the alternate amendment made by the Legislative Council in lieu of

Amendment No 1 of the House of Assembly.

 

Legislative Council’s Alternate Amendment

Clause 20, page 15, line 26—Before "the amount" insert:

 

if the numerical value so assigned is 2 or less, no award will be made for non-financial loss but, if the numerical value exceeds 2,

 

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 123

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Administration and Probate Act 1919, the Criminal Law Consolidation Act 1935, the Criminal Law (Sentencing) Act 1988, the Evidence Act 1929, the Partnership Act 1891, the Public Assemblies Act 1972, the Real Property Act 1886, the Summary Offences Act 1953, the Trustee Act 1936, the Trustee Companies Act 1988 and the Worker’s Liens Act 1893, to which it desires the concurrence of the House of Assembly.

         Legislative Council, 31 October 2001                                          J C Irwin, PRESIDENT

 

         Bill read a first time.

 

         The Minister for Water Resources (Hon M K Brindal) moved - That this Bill be now read a second time.

         Ordered, on motion of Ms Hurley, that the debate be adjourned until Tuesday 13 November.

 


         Retirement Villages (Miscellaneous) Amendment Bill                Message No 124

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Retirement Villages Act 1987 and to make a related amendment to the Residential Tenancies Act 1995, to which it desires the concurrence of the House of Assembly.

         Legislative Council, 31 October 2001                                          J C Irwin, PRESIDENT

 

         Bill read a first time.

 

         The Minister for Human Services (Hon D C Brown) moved - That this Bill be now read a second time.

         Ordered, on motion of Ms Geraghty, that the debate be adjourned until Tuesday 13 November.

 

         Statutes Amendment (Road Safety Initiatives) Bill                     Message No 125

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Motor Vehicles Act 1959 and the Road Traffic Act 1961, to which it desires the concurrence of the House of Assembly.

         Legislative Council, 31 October 2001                                          J C Irwin, PRESIDENT

 

         Bill read a first time.

 

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

         Ordered, on motion of Ms Geraghty, that the debate be adjourned until Tuesday 13 November.

 

19      Liquor Licensing (Reviews, Appeals and Noise Complaints) Amendment Bill

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

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

         Ordered, on motion of Mrs Geraghty, that the debate be adjourned until Tuesday 13 November.

 

20      Coroners Bill

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

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

         Ordered, on motion of Mrs Geraghty, that the debate be adjourned until Tuesday 13 November.

 

21      Postponement of business

Ordered - That Order of the Day: Government Business No 3 be postponed and taken into consideration after Order of the Day: Government Business No 5.

 

22      Volunteers Protection Bill

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

Debate resumed.

         Question put and passed.

 

         Bill read a second time.

         Proceeded, by leave, to the third reading.

 

         Bill read a third time and passed.

 


23      Victims of Crime Bill

         Ordered - That the Message from the Legislative Council on the Victims of Crime Bill be now taken into consideration.

 

In Committee

 

         Resolved – That Amendment No 1 not be insisted on.

         Resolved - That the alternate amendment made by the Legislative Council be agreed to.

____________

 

         The House having resumed:

Hon D C Wotton reported that the Committee had considered the Message referred to it and had resolved not to insist on its Amendment No 1, and agreed to the alternate amendment of the Legislative Council without amendment.

 

24      Correctional Services (Miscellaneous) Amendment Bill

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

Debate resumed.

         Question put and passed.

 

         Bill read a second time.

 

In Committee

 

                                                Clauses Nos 1 to 13 agreed to.

                                                Title agreed to.

____________

 

         The House having resumed:

Hon D C Wotton 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.

 

25      Messages from the Legislative Council

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

 

         Classification (Publications, Films and Computer Games)

         (On-Line Services)Amendment Bill                                             Message No 126

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Classification (Publications, Films and Computer Games) Act 1995, to which it desires the concurrence of the House of Assembly.

         Legislative Council, 1 November 2001                                         J C Irwin, PRESIDENT

 

         Bill read a first time.

 

         Ordered – That the second reading be made an Order of the Day for Tuesday 13 November.

 

         Waterworks (Commercial Land Rating) Amendment Bill           Message No 127

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Waterworks Act 1932, without any amendment.

         Legislative Council, 1 November 2001                                         J C Irwin, PRESIDENT

 

26      Adjournment

The Minister for Police, Correctional Services and Emergency Services (Hon R L Brokenshire) moved - That the House do now adjourn.

         Debate ensued.

         Question put and passed.

         House adjourned at 5.17 pm until Tuesday 13 November at 2.00 pm.

 

 

____________

 

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

         For Tuesday 13 November 2001.

 

Notice of Motion: Government Business

 

The Minister for Minerals and Energy  to move – That he have leave to introduce a Bill for an Act  to amend the Mining Act 1971.

 

         For Wednesday 13 November 2001.

 

Notice of Motion: Committee Reports

 

         Mr Lewis to move – That the One Hundred and Sixty-First Report of the Public Works Committee on the J P Morgan Chase & Co Regional Hub Building – Stage One – Final Report be noted.

 

____________

 

 

         Present during the day - All Members except Mr Condous.

 

 

 

 

 

                                                                                                            J K G Oswald

                                                                                                            SPEAKER

 

G D Mitchell

CLERK OF THE HOUSE OF ASSEMBLY