No 61

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

TUESDAY 1 APRIL 2003

 

 

1       Meeting of House

         The House met pursuant to adjournment. The Speaker (Hon Peter Lewis) took the Chair and read prayers.

 

2        Message from the Governor

The following Message from the Governor was received and read:

 

         Assent to Bill                                                                                          Message No 16

The Governor informs the House of Assembly that, in the name and on behalf of Her Majesty The Queen, the following Act was assented to during the second Session of the 50th Parliament, viz:   

No 1 of 2003         An Act to amend the Nuclear Waste Storage Facility (Prohibition) Act 2000.

Government House, 1 April 2003                                        M Jackson-Nelson, GOVERNOR

 

3       Speaker's Statement - Privilege

The Speaker stated that he had considered the matter raised by the Minister for Government Enterprises yesterday and was of the view that, prima facie, it touched on privilege and therefore he would give the matter precedence.

 

4       Papers

         The following Papers were tabled:

 

By the Attorney-General (Hon M J Atkinson) –

      Regulations under the following Act –

                  Fences – Exempt Land

 

      Rules

                  Legal Practitioners – Education and Admission Council Rules

 

By the Minister for Consumer Affairs (Hon M J Atkinson) –

      Regulations under the following Act –

                  Liquor Licensing – Dry Areas –

                        Henley and Grange

                        Wattle Park

 

By the Minister for Environment and Conservation (Hon J D Hill) –

      Dog and Cat Management Board of South Australia – Report 2001-2002

 

      Regulations under the following Act –

                  Water Resources – Far North Wells Area

 

By the Minister for Tourism (Hon J D Lomax-Smith) –

      Regulations under the following Act –

                  Primary Industry Funding Schemes –

                        Riverland Wine Industry Variation

                        Langhorne Creek Wine Industry Variation

 

By the Minister for Administrative Services (Hon J W Weatherill) –

      Surveyors Australia, Institution of – SA Division – Report 2002.

 

5       Questions

Questions without notice were asked.

 

6       Grievance debate

On motion of the Speaker, the House noted grievances.

 

7       Message from the Legislative Council

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

 

         Statutes Amendment (Honesty and Accountability in Government) Bill        Message No 75

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Criminal Law Consolidation Act 1935, the Industrial and Employee Relations Act 1994, the Public Corporations Act 1993 and the Public Sector Management Act 1995, with the amendments indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

         Legislative Council, 1 March 2003                                                   R R Roberts, PRESIDENT

 

 

Schedule of the amendments made by the Legislative Council

 

No. 1.  Page 15, lines 10 and 11 (clause 18) - Leave out "or as an employee of a contractor or otherwise directly or indirectly on behalf of a contractor"

 

No. 2.  Page 15, line 12 (clause 18) - Leave out "advisory board" and insert:

unincorporated body with a function of advising a public sector agency

 

No. 3.  Page 16, line 14 (clause 18) - Leave out "the public sector agency" and insert:

a public sector agency

 

No. 4.  Page 16, lines 20 and 21 (clause 18) - Leave out subparagraph (ii) and insert

(ii)   in the case of a senior official or employee appointed under an Act other than this Act—the Minister responsible for the administration of the Act; or

 

No. 5.  Page 17, line 6 (clause 18) - After "declared" insert:

by another Act or

 

No. 6.  Page 18, lines 2 and 3 (clause 18) - Leave out "in a public sector agency".

 

No. 7.  Page 22, line 31 (clause 21) - After "Division" insert:

(other than an offence consisting of culpable negligence)

 

No. 8.  Page 22, line 40 (clause 21) - After "Division" insert:

for which a criminal penalty is fixed (other than a contravention consisting of culpable negligence)

 

No. 9.  Page 23, lines 30 to 33 (clause 21) - Leave out subsection (4).

 

No. 10.  Page 33, line 3 (clause 28) - After "this Act" insert:

a corporate agency member

 

No. 11.  Page 33, line 6 (clause 28) - After "in the case of" insert:

a corporate agency member or

 

No. 12.  Page 33, line 8 (clause 28) - After "or the" insert:

body corporate or

 

No. 13.  Page 33 (clause 28) - After line 8 insert the following:

(f)    by inserting after subsection (3) the following subsection:

(4) This section does not apply to a corporate agency member if provisions of the Public Corporations Act 1993 apply to the body corporate.

 

J M Davis CLERK OF THE LEGISLATIVE COUNCIL

 

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

 

8       River Murray Bill

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

 

In Committee

Clause No 9 further considered, otherwise amended and agreed to.

Clause No 10 amended and agreed to.

Clause No 11 read.

 

Hon I F Evans moved on page 16, lines 20 and 21 to leave out paragraph (b)

Question – That the amendment be agreed to – put and negatived.

 

Clause otherwise amended and agreed to.

Clause No 12 amended and agreed to.

Clause No 13 agreed to.

Clause No 14 amended and agreed to.

Clause No 15 amended and agreed to.

New Clause No 15A inserted.

Clause No 16 amended and agreed to.

Clause No 17 amended and agreed to.

Clauses Nos 18 to 20 agreed to.

Clause No 21 amended and agreed to.

Clause No 22 amended and agreed to.

Clause No 23 amended and agreed to.

Clauses Nos 24 to 28 agreed to.

Clause No 29 read.

 

Mr Williams moved on page 39, after line 4 to insert:

(4) Subsection (3) does not apply if the requirement imposed under this Division is that a person discontinue an activity that had been lawfully undertaken by the person before the commencement of this Act.

Question – That the amendment be agreed to – put and negatived.

 

Clause agreed to.

Clause No 30 read.

 

         To report progress and ask leave to sit again.

 

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         The House having resumed:

Mr Snelling reported that the Committee had further considered the Bill referred to it, had made progress therein and asked leave to sit again.

Ordered - That the Committee have leave to sit again on motion.

 

9       Extension of time for adjournment

Ordered, on motion of the Minister for Environment and Conservation (Hon J D Hill) - That the time for moving the adjournment of the House be extended beyond 10.00 pm.

Question put and passed.

 

10      Paper

         The following Paper was tabled:

 

By the Minister for Environment and Conservation (Hon J D Hill) –

      River Murray Bill – Proposed Amendment – EPA Advice.

 

11      River Murray Bill

         Ordered - That the further consideration in Committee of this Bill be now resumed.

 

In Committee

Clause No 30 further considered, amended and agreed to.

Clauses Nos 31 and 32 agreed to.

Clause No 33 amended and agreed to.

Clause No 34 left out.

Clauses Nos 35 to 39 agreed to.

Clause No 40 amended and agreed to.

Clause No 41 agreed to.

Clause No 42 amended and agreed to.

Schedule read.

 

Hon M R Buckby moved on page 51, lines 28 to 33, to leave out paragraph (d) and insert:

(d)     by inserting after subsection (2) of section 24 the following subsection:

(3) The Minister must, in relation to the preparation of an amendment by a council or the Minister under subsection (1) that relates to a Development Plan or Development Plans that relate (wholly or in part) to any part of the Murray-Darling Basin, consult with the Minister for the River Murray.

Question – That the amendment be agreed to – put and negatived.

 

Schedule amended and agreed to.

Clause No 6 reconsidered, amended and agreed to.

Title amended and agreed to.

 

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         The House having resumed:

Ms Thompson reported that the Committee had further considered the Bill referred to it and had agreed to the same with amendments and had amended the title.

 

The Minister for the River Murray moved - That this Bill be now read a third time.

Debate ensued.

Question put and passed.

 

12      Adjournment

House adjourned at 11.02 pm until tomorrow at 2.00 pm.

 

 

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MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

            For Wednesday 2 April 2003

 

Notices of Motion: Government Business -

 

The Deputy Premier (Hon K O Foley) to move – That he have leave to introduce a Bill for an Act to amend the Wrongs Act 1936, the Limitation of Actions Act 1936 and the Motor Vehicles Act 1959.

 

The Minister for Employment, Training and Further Education (Hon J D Lomax-Smith) to move – That she have leave to introduce a Bill for an Act to amend the University of Adelaide Act 1971.

 

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

 

Mr Hanna to move – That he have leave to introduce a Bill for an Act to amend the Environment Protection Act 1993.

 

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Present during the day - All Members.

 

 

 

 

 

                                                                                                                        Peter Lewis

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY