No. 61

 

                                                     VOTES AND PROCEEDINGS

 

                                                                      OF THE

 

                                                         HOUSE OF ASSEMBLY

 

                                                                                                                                  ____________

 

 

                                                                              THURSDAY 8 JUNE 1995

 

 

 1         Meeting of House

                  The House met pursuant to adjournment.  The Speaker (Hon. G.M. Gunn) took the Chair and read prayers.

 

2         Conference - Industrial and Employee Relations (Miscellaneous Provisions) Amendment Bill

                  The Deputy Premier (Hon. S. J. Baker) moved - That the sitting of House be continued during the Conference with the Legislative Council on this Bill.

                  Question put and passed.

                 

3         Postponement of business

                  Ordered - That Notice of Motion:  Private Members Bills/Committees/Regulations No. 1 be  a Notice of Motion for Thursday 6 July.

 

4         Public Works Committee Report - Motion to note

                  Mr Kerin, pursuant to notice, moved - That the Report of the Public Works Committee on the Port Lincoln Hospital Redevelopment, Stage 2 be noted.

                  Debate ensued.

                  Question put and passed.

 

5         Public Works Committee Report - Motion to note

                  Mr Kerin, pursuant to notice, moved - That the Report of the Public Works Committee on the Modbury Private Hospital Development, be noted.

                  Debate ensued.

                  Question put and passed.

 

6         National Parks and Wildlife (Farming of Protected Animals) Amendment Bill

                  Mr Lewis, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the National Parks and Wildlife Act 1972.

                  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 Mrs Penfold, that the debate be adjourned until Thursday 6 July.

 

7          Postponement of business

                  Ordered - That Order of the Day:  Private Members Bills/Committees/Regulations No. 1 be an Order of the Day for Thursday 6 July.


 

8         Environment, Resources and Development Committee Report - Compulsory Motor Vehicle Inspections - Motion to note

                  Order of the Day read for the adjourned debate for the Report on Compulsory Third Party Property Motor Vehicle Inspections, be noted.

                  Debate resumed.

                  Question put and passed.

 

9         Select Committee on Organs for Transplantation

                  Order of the Day read for the Report of the Select Committee on Organs for Transplant to be brought up.

                  The Minister for Health (Hon. M.H. Armitage) brought up an Interim Report (Paper No. 206), together with the Minutes of Proceedings and Evidence.

                  Interim Report  received.

                  The Minister moved - That the Interim Report be noted.

                  Ordered, on motion of Hon. F.T. Blevins, that the debate be adjourned until Thursday 6 July.

                 

            Extension of time for bringing up Report

                  The Minister then moved - That the time for bringing up the Report of the Select Committee on Organs for Transplantation be extended until Thursday 27 July.

                  Question put and passed.

 

10       Electoral (Political Contributions and Electoral Expenditure) Bill

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

                  Debate resumed.

 

11        Suspension of Sessional Orders

                  Mr Meier, without notice, moved - That Sessional Orders be so far suspended as to enable Notices of Motion: Other Motions to be postponed until Orders of the Day: Private Members Bills/Committees/Regulations are disposed of.

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

 

12       Electoral (Political Contributions and Electoral Expenditure) Bill

                  Debate (interrupted by the foregoing motion) resumed.

                  Ordered, on motion of Mr Bass, that the debate be further adjourned until Thursday 6 July.

                 

13       Voluntary Euthanasia 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 Mr Kerin, that the debate be further adjourned until Thursday 6 July.

                 

14       Postponement of business

                  Ordered - That Order of the Day:  Private Members Bills/Committees/Regulations No. 6 be an Order of the Day for Thursday 6 July.

 

15       Water Catchment Cleaning - Motion re

                  Mr Scalzi, pursuant to notice, proceeding to move - That this House commends the Government on the strong action that it is taking in the cleaning up of the water catchments in South Australia, and in particular the River Torrens and the Patawalonga:

                  Ordered, on motion of Mr Scalzi , by leave, that the motion be adjourned until Thursday 6 July .

 


16       Petitions Nos 215 and 216

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

 

                  215   The Minister for Employment, Training and Further Education (Hon. R. B. Such), from 44 residents of South Australia, requesting that the House oppose any measure to legislate for voluntary euthanasia.

 

                  216   Mr Rann, from 246 residents of South Australia, urging the House to recognise the cultural and educational importance of Old Parliament House and support its continuation as a museum for the people of South Australia.

 

17        Questions

                  Questions without notice were asked.

                  Ordered - That the period for asking questions without notice be extended by five minutes.

                  Questions without notice resumed.

 

18       Paper

                  The following Paper was tabled:

 

                  By the Deputy Premier -

                               Ministerial Statement - High Court Decision - "Teoh".

 

19       Grievance debate

                  The Speaker proposed - That the House note grievances.

                  Debate ensued.

                  Question put and passed.

 

20       Message from the Legislative Council

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

 

            Criminal Law (Undercover Operations) Bill                                                                                        Message No. 144

                  MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to authorise the use of undercover operations for the purposes of criminal investigation: and for other purposes, to which it desires the concurrence of the House of Assembly.

                  Legislative Council, 7 June 1995                                                                                                                  H.P.K. Dunn, PRESIDENT

 

                  Bill read a first time.

 

            Suspension of Standing Orders

                  The Deputy Premier, without notice, moved - That Standing Orders be so far suspended as to enable this Bill to pass through its remaining stages without delay.

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

 

                  The Deputy Premier moved - That this Bill be now read a second time.

                  Ordered, on motion of Mr Quirke, that the debate be adjourned and resumed on motion.

 

21       Stamp Duties (Marketable Securities) 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.

                  By leave, House proceeded to the third reading.

 

                  Bill read a third time and passed.

 

22       Criminal Law (Undercover Operations) Bill               

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

                  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.

 

23       Messages from the Legislative Council

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

 

            Estimates Committees - Leave for Ministers to attend                                                       Message No. 145

                  MR SPEAKER - The Legislative Council has given leave to the Minister for Education and Children's Services (The Hon. R.I. Lucas), the Attorney-General (The Hon. K.T. Griffin) and the Minister for Transport (The Hon. D.V. Laidlaw) to attend and give evidence before the Estimates Committees of the House of Assembly on the Appropriation Bill, if they think fit.

                  Legislative Council, 8 June 1995                                                                                                                 H.P.K. Dunn, PRESIDENT

 

            SGIC (Sale) Bill                                                                                                                                                                                                      Message No. 146

                  MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to provide for privatisation of SGIC; to amend the State Government Insurance Commission Act 1992 and the Motor Vehicles Act 1959; 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, 8 June 1995                                                                                                                 H.P.K. Dunn, PRESIDENT

 

                                                                    Schedule of the amendments made by the Legislative Council

                  No. 1.            Page 17, lines 4 and 5 (clause 30) - Leave out all words in these lines after “proclamation” and insert new paragraphs as follow:-

                                    "(a)  transfer assets and liabilities of SGIC or an SGIC subsidiary, or assets and liabilities of a trust administered by SGIC or an SGIC subsidiary, to an authority or person nominated in the proclamation; or

                                     (b)    establish a scheme (a rectification scheme) for the rectification of irregularities (or possible irregularities) in the administration of a trust, or the exercise of fiduciary duties, by SGIC or an SGIC subsidiary.”

                        No. 2.           Page 17 (clause 30) - After line 5 insert new subclauses as follow:-              

                                                “(2)               A proclamation transferring assets and liabilities may fix terms and conditions of transfer (which may include provision for the payment of money or the giving of other consideration).

                                                  (3)               A rectification scheme -

                                                                        (a)     confers rights on persons affected by the irregularities (or possible irregularities) to which the scheme relates, and on other persons (if any) to whom the scheme is expressed to apply, in accordance with the terms and conditions of the scheme; and

                                                                        (b)     varies or excludes, as provided by the terms and conditions of the scheme, other rights of persons for whose benefit the trust or the fiduciary duties exist or existed in respect of the irregularities (or possible irregularities) to which the scheme relates.

                                                  (4)               The terms and conditions of a transfer or rectification scheme under this section are enforceable as if the proclamation making the transfer or establishing the scheme were a deed binding on all persons to whom it is expressed to apply.”

                                                                                                                                                J.M. Davis CLERK OF THE LEGISLATIVE COUNCIL

 

                  Ordered - That the Message be taken into consideration forthwith.

 

                                                                                      In Committee

                  Resolved - That the amendments be agreed to.

                                                                                                                                  ____________

 

                  The House having resumed:

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

 

25       Suspension and resumption of sitting

                  At 4.57 p.m. the sitting of the House was suspended.

                  At 11.45 p.m. the Speaker resumed the Chair.

 

26       Suspension of Standing Orders

                  The Deputy Premier (Hon. S.J. Baker), without notice, moved - That Standing Orders be so far suspended as to enable the sitting of the House to be extended beyond midnight.

                  Question put.

                 

            Division, only one No

                  The House then proceeded to a division, but only one Member appearing on the side of the Noes, the Speaker declared the Ayes had it.

 

27       Next day of sitting

                  The Deputy Premier moved - That the House at its rising adjourn until Tuesday 4 July at 2.00 p.m..

                  Question put and passed.

 

28       Suspension and resumption of sitting

                  At 11.53 p.m. the sitting of the House was suspended.

 

                                                                                                                           ________________

 

                                                                                                                            It being 12 midnight

                                                                                                                              FRIDAY 9 JUNE 1995

                                                                                                                           ________________

 

                  At 12.47 a.m. the Speaker resumed the Chair.

 

29       Message from the Legislative Council

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

 

            Shop Trading Hours (Miscellaneous) Amendment Bill                                                      Message No. 147

                  MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Shop Trading Hours Act 1977, with the amendments indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

                  Legislative Council, 8 June 1995                                                                                                                 H.P.K. Dunn, PRESIDENT

 

                                                                    Schedule of the amendments made by the Legislative Council

                  No. 1             Page 1, lines 20 and 21 (clause 3) - Leave out paragraph (b)  and insert new paragraph as follows:-

                                          ‘(b)    by striking out “three persons are physically present at any one time” from subparagraph (iii) of paragraph (a)  of the definition of “exempt shop” in subsection (1) and substituting “four persons are physically present at any time outside normal trading hours”.’

                  No. 2            Page 2, lines 1 to 4 (clause 3) - Leave out paragraph (e) and insert new paragraph as follows:-

                                          ‘(e)    by striking out “three persons are physically present at any one time” from sub-subparagraph B of subparagraph (ii) of paragraph (d)  of the definition of “exempt shop” in subsection (1) and substituting “four persons are physically present at any time outside normal trading hours”.’

                  No. 3            Page 2 (clause 3) - After line 11 insert new paragraph as follows:-

                                          ‘(ga)            by inserting after the definition of “motor spirit” in subsection (1) the following definition:

                                          “normal trading hours” in relation to an exempt shop means the hours during which the shopkeeper would be entitled to open the shop under section 13 or under a proclamation made under that section if the shop were not an exempt shop;.’

                  No. 4            Page 3 (clause 5) - After line 14 insert new subsections as follow:-

                                          ‘(1a) Subject to subsections (1b) and (1c) and to any proclamation under subsection (12), a shop that is not an exempt shop and that is situated in the Central Shopping District may remain open in accordance with this section for a limited number of hours (to be prescribed by regulation) during any week (being the period from midnight on a Saturday to midnight on the following Saturday) and must then be closed for the rest of that week.

                                          (1b)  Subsection (1a) does not apply to a shop referred to in subsection (5b).

                                          (1c)   If a shopkeeper of a shop referred to in subsection (1a) is entitled to open the shop by virtue of a proclamation under subsection (9) during a period when it would otherwise be unlawful to open the shop, the hours that the shop is open during that period will not be  counted for the purposes of subsection (1a).’

                  No. 5            Page 5, lines 1 and 2  (clause 6) - Leave out the clause and insert new clause as follows:-

                            6. ‘Substitution of s.13ASection 13A of the principal Act is repealed and the following section is substituted:

                            13A. Restrictions relating to Sunday trading in the City (1)  Subject to subsection (2), a term of a retail shop lease or collateral agreement in respect of a shop situated in the Central Shopping District that requires the shop to be open on a Sunday is void to the extent of that requirement.

                                          (2)     Subsection (1) does not apply to a term of a retail shop lease or collateral agreement that has been authorised by an exemption granted under the Landlord and Tenant Act 1936 or the Retail Shop Leases Act 1995.

                                          (3)     Subject to an industrial agreement or an enterprise agreement to the contrary, a person who is employed in the business of a shop situated in the Central Shopping District is entitled to refuse to work at the shop on a particular Sunday unless he or she has agreed with the shopkeeper to work on that Sunday.

                                          (4)     In this section -

                                                      “collateral agreement” includes a guarantee under which the guarantor guarantees the performance of the obligations of a lessee under a retail shop lease;

                                                      “retail shop lease” has the same meaning as in the Retail Shop Leases Act 1995.’

                                                                                                                                                J.M. Davis, CLERK OF THE LEGISLATIVE COUNCIL

 

                  Ordered - That the Message be taken into consideration forthwith.

                 

                                                                                      In Committee

                  The Minister for Industrial Affairs (Hon. G.A. Ingerson) moved - That the amendments of the Legislative Council be agreed to.

                  Question put.


                  Committee divided (No.1):

 

                                          Ayes, 26.

 

                              Hon. M.H. Armitage

                              Hon. D.S. Baker

                              Hon. S.J. Baker

                              Mr Bass

                              Mr Becker

                              Mr Brindal

                              Mr Brokenshire

                              Mr Buckby

                              Mr Caudell

                              Mr Condous

                              Mr Evans

                              Hon. G.M. Gunn

                              Mr Kerin

                              Mrs Kotz

                              Mr Lewis

                              Hon. W.A. Matthew

                              Mr Meier

                              Hon. J.K.G. Oswald

                              Mrs Rosenberg

                              Mr Rossi

                              Mr Scalzi

                              Hon. R.B. Such

                              Mr Venning

                              Mr Wade

                              Hon. D.C. Wotton

                              Hon. G.A. Ingerson (Teller)

                              Noes, 9.

 

Mr Atkinson

Hon. F.T. Blevins

Mr De Laine

Mr Foley

Mrs Geraghty

Mr Quirke

Ms Stevens

Ms White

Mr Clarke (Teller)

 

 

 

                  So it was resolved in the affirmative.

                 

                                                                                                                                  ____________

 

                  The House having resumed:

                  Hon. H. Allison reported that the Committee had considered the amendments referred to it and had agreed to the same without amendment.

           

30       Adjournment

                  House adjourned at 1.47 a.m. until Tuesday 4 July at 2.00 p.m.

                                                                                                                                  ____________

 

 

                  Present during the day - All the Members except Mr Ashenden, (on leave) and Mrs Hall.

 

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

 

                  Division No. 1 -

                              Ayes - Mr Leggett and Mrs Penfold.

                              Noes -  Hon. M.D. Rann and Mrs Hurley.

 

 

 

 

                                                                                                                                                                                                                                                G.M. Gunn

                                                                                                                                                                                                                                                SPEAKER

 

G.D. Mitchell

CLERK OF THE HOUSE OF ASSEMBLY