No 63

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

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THURSDAY 15 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 4 be Notices of Motion for Thursday 29 November.

 

3       Development (Adult Book/Sex Shops) Amendment Bill – Motion withdrawn

Mr Lewis, proceeding to move - That he have leave to introduce a Bill for an Act to amend the Development Act 1993.

The Speaker having identified the Bill as being the same as a Bill already on the Notice Paper.

Motion, by leave, withdrawn.

 

4       Postponement of business

Ordered - That Notices of Motion: Private Members Bills/Committees/Regulations Nos 6 to 9 be Notices of Motion for Thursday 29 November.

 

5       Postponement of business

Ordered - That Order of the Day: Private Members Bills/Committees/Regulations No 1 be an Order of the Day for Thursday 29 November.

 

6               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 and agreed to.

                                                Clauses Nos 4 to 6 agreed to.

                                                Clause No 7 amended and agreed to.

                                                Clause No 8 agreed to.

                                                Clause No 9 read.

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It being Midday, the Chairman reported progress and Notices of Motion: Other Motions were called on.

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7       Postponement of business

Ordered – separately – That Notices of Motion: Other Motions Nos 1 to 3 be postponed until Thursday 29 November.

 


8       Darwin Rail Link - Motion re

         Mr Scalzi, pursuant to notice, moved - That this House congratulates the Premier on his successful efforts to secure the construction of the $1.3 billion Adelaide to Darwin Rail Link, the biggest single project Australia has seen since the Snowy Mountains Hydro-Electric Scheme and the economic stimulus that it will provide to South Australia.

         Debate ensued.

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

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9       Postponement of business

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

 

10      Darwin Rail Link - Motion re

         Debate (interrupted by the foregoing) resumed.

         Question put and passed.

 

11      Fruit Fly Outbreak - Motion re

Ms Key, pursuant to notice, moved – That this House notes with concern the outbreak of both Mediterranean and Queensland fruit fly in the Adelaide metropolitan area and directs the Minister for Primary Industries to report to the House on the following matters by the end of this Session –

(a)  the extent of the problem in South Australia;

(b)  the method of dealing with these pests;

(c)  the impact on residents (particularly children and the aged), animals and birds with regard to the sprays and baits used by PIRSA;

(d)  the occupational health and safety measures being taken to protect PIRSA workers;

(e)  the impact of sprays and baits on the local environment and gardens; and

(f)   the expenditure by the Government on research into alternate and more safe and environmentally friendly methods of eradication.

 

Ordered, on motion of Minister for Water Resources (Hon M K Brindal), that the debate be adjourned and made an Order of the Day for Thursday 29 November.

 

12      Answer to question

An answer to a question without notice was tabled by the Speaker.

 

13      Papers

         The following Papers were tabled:

 

         By the Minister for Human Services (Hon D C Brown) –

               Chiropractors Board of South Australia – Report, 2000-2001

               Guardianship Board of South Australia – Report, 2000-2001

               Nurses Board of South Australia – Report, 2000-2001

               Occupational Therapists Registration Board of South Australia – Report, 2000-2001

               Office of the Public Advocate – Report, 2000-2001

               Pharmacy Board of South Australia – Report, 2000-2001

 

 


         By the Minister for Government Enterprises (Hon M H Armitage) –

               Department for Administrative and Information Services – Report, 2000-2001

               Freedom of Information Act – Report, 2000-2001

               Passenger Transport Board – Report, 2000-2001

               Privacy Committee of South Australia – Report, 2000-2001

               SA Water – Report, 2000-2001

               South Australian Totalizator Agency Board (SA TAB Pty Ltd) – Report, 2000-2001

               State Records of South Australia – Report on the State Records Act, 2000-2001

               TransAdelaide – Report, 2000-2001

 

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

               Land Board – Report, 2000-2001

 

         By the Minister for Water Resources  –

               Attorney-General’s Department (Incorporating the Department of Justice) – Report, 2000-2001

               Construction Industry Training Board – Report, 2000-2001

               South Eastern Water Conservation and Drainage Board – Report, 2000-2001.

 

14      Questions

         Questions without notice were asked.

 

15      Grievance debate

         The Speaker proposed - That the House note grievances.

         Debate ensued.

         Question put and passed.

 

16      Messages from the Legislative Council

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

 

         Law Reform (Delay in Resolution of Personal Injury Claims) Bill          

                                                                                                            Message No 131

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to provide for the award of damages for the benefit of the dependants or the estate of a deceased person where a person against whom a claim for personal injury lies unreasonably delays resolution of the claim; to amend the Wrongs Act 1936 and the Survival of Causes of Action Act 1940 for that and other purposes, to which it desires the concurrence of the House of Assembly.

               Legislative Council, 15 November 2001                                  J C Irwin, PRESIDENT

 

         Bill read a first time.

 

         Ordered - That the second reading be taken into consideration on motion.

 

         Fair Trading (Pyramid Selling and Defences) Amendment Bill 

                                                                                                            Message No 132

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Fair Trading Act 1987, to which it desires the concurrence of the House of Assembly.

         Legislative Council, 15 November 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 Hurley, that the debate be adjourned until Tuesday 27 November.

 


         Retail and Commercial Leases (Casual Mall Licences) Amendment Bill           

                                                                                                            Message No 133

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Retail and Commercial Leases Act 1995, to which it desires the concurrence of the House of Assembly.

         Legislative Council, 15 November 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 Hurley, that the debate be adjourned until Tuesday 27 November.

 

         Classification (Publications, Films and Computer Games)(Miscellaneous No. 3) Amendment Bill          Message No 134

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, 15 November 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 Hurley, that the debate be adjourned until Tuesday 27 November.

 

17      Next day of sitting

         The Premier (Hon R G Kerin) moved - That the House at its rising adjourn until Tuesday 27 November at 2.00 pm.

         Question put and passed.

 

18      Fisheries (Contravention of Corresponding Laws) Amendment 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 to amend the Fisheries Act 1982.

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 27 November.

 

19      Fisheries (Validation of Administrative Acts) Bill

The Minister for Primary Industries and Resources, pursuant to notice, moved – That he have leave to introduce a Bill for an Act to validate certain administrative acts and payments.

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 27 November.

 


20      Good Samaritans (Limitation of Liability) Bill

The Minister for Recreation, Sport and Racing (Hon I F Evans), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to limit the liability of certain persons for injury arising out of genuine attempts to help victims in emergency situations.

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 27 November.

 

21      Agricultural and Veterinary Products (Control of Use) 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 17 agreed to.

                                                Clause No 18 read.

 

To report progress and ask leave to sit again.

 

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The House having resumed:

Mr Venning 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 motion.

 

22      Extension of time for adjournment

The Premier moved - That the time for moving the adjournment of the House be extended beyond 5.00 pm.

Question put and passed.

 


23      Agricultural and Veterinary Products (Control of Use) Bill

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

 

In Committee

                                                Clause No 18 further considered and agreed to.

                                                Clauses Nos 19 to 24 agreed to.

                                                Clause No 25 amended and agreed to.

                                                Clause No 26 agreed to.

                                                Clause No 27 amended and agreed to.

 

The Minister for Primary Industries and Resources moved to insert a new Clause 27A as follows:

Self-incrimination

27A. (1) It is not an excuse for a person to refuse or fail to answer a question or to produce or provide a document, a copy of a document or information as required under this Part on the ground that to do so might tend to incriminate the person, or make the person liable to a penalty.

     (2) If compliance by a person with a requirement to answer a question or to produce or provide a document, a copy of a document or information 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 document, a copy of a document or information—the fact of production or provision of the document, copy or 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 (other than proceedings in respect of the making of a false or misleading statement or perjury) in which the person might be found guilty of an offence or liable to a penalty.

 

         To report progress and ask leave to sit again.

 

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         The House having resumed:

Hon D C Wotton 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 Tuesday 27 November.

 

24      Message from the Legislative Council

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

 

         Retirement Villages (Miscellaneous) Amendment Bill                Message No 135

MR SPEAKER - The Legislative Council has agreed to the amendment made by the House of Assembly in the Retirement Villages (Miscellaneous) Amendment Bill, without any amendment.

         Legislative Council, 15 November 2001                                        J C Irwin, PRESIDENT

 

25      Adjournment

         House adjourned at 6.00 pm until Tuesday 27 November at 2.00 pm.

 

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MOTION OF WHICH NOTICE WAS GIVEN

 

 

         For Thursday 29 November 2001

 

Ms Key to move – That this House requests the Social Development Committee to inquire into and report on the requirements, availability and cost of insurance for not for profit organisations, including –

(a)  cost increases and affordability;

(b)  the contractual and/or statutory requirements for not for profit organisations to carry insurance;

(c)  the impact on services provided by not for profit organisations who are either refused insurance or who are unable to meet the costs of insurance;

(d)  the risks to not for profit organisations of self insurance and/or under insurance; and

(e)  options for the provision of insurance cover.

 

 

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         Present during the day - All Members except Mrs Geraghty.

 

 

 

 

 

                                                                                                            J K G Oswald

                                                                                                            SPEAKER

 

G D Mitchell

CLERK OF THE HOUSE OF ASSEMBLY