No 63

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

TUESDAY 20 JULY 2004

 

 

1       Meeting of House

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

 

2       Petition No 89

         The Clerk announced that the following Member had lodged a Petition for presentation:

 

89   Minister for Employment, Training and Further Education, from 442 residents of South Australia, requesting the House to urge the Government to do all within its power, including the compulsory acquisition of the site, to ensure that the sports and physical recreation facilities at Underdale Sports Centre are retained for public usage.

 

3       Answers to questions

Answers to questions on the Notice Paper Nos 335, 346, 353 to 355, 360 to 364, 366 to 368, 370, 374, 376, 382, 386, 388 to 390, 392, 393, 395, 397, 398, 404, 412, 413, 423 to 425, 428,448, 449, 451, 454, 455, 457, 458, 460, 461, 464, 505 to 510, 512 to 515, 517 to 522 and questions without notice were tabled by the Speaker.

 

4       Paper

         The Speaker laid on the Table the following report:

            District Council of Franklin Harbour – Report 2002-2003.

 

         Papers

         The following Papers were tabled:

 

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

      Regulations under the following Acts –

                  Australian Crime Commission (South Australia) –

                        Summons

                        Transitional Summons

                  Criminal Law Consolidation– Termination of Pregnancy

                  Electoral – Prescribed Authorities

 

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

      Regulations under the following Act –

                  Liquor Licensing – Long Term Dry Areas – Golden Grove

 

By the Minister for Health (Hon L Stevens) –

      Dental Practice (General) Regulations 2003 – Review of Regulation 5

 

      Regulations under the following Acts –

                  Reproductive Technology (Clinical Practices) – Women’s and Children’s Hospital

                  South Australian Health Commission –

                        Audit of Prescribed Hospitals

                        Recognised Hospital – Medicare Patients Fees

 

By the Minister for Transport (Hon P L White) –

      Regulations under the following Acts –

            Road Traffic – Compulsory Blood Testing - Variations

            Motor Vehicles –

                     Mobile Phones

                     Mopeds

     

By the Minister for Urban Development and Planning (Hon P L White) –

Interim Operation of the District Council of Mount Barker - Littlehampton Concept Plan – Plan Amendment Report

 

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

      Adelaide Dolphin Sanctuary Bill 2004 - Draft

 

By the Minister for Education and Children’s Services (Hon J D Lomax-Smith) –

      Regulations under the following Act –

                  Senior Secondary Assessment Board of South Australia – Subjects

 

By the Minister for Families and Communities (Hon J W Weatherill) –

      Memorandum of Understanding between the Commonwealth of Australia and the State Government of South Australia for the Provision of Care Arrangements in the Community for some Immigration Detainee Minors in SA

 

      Regulations under the following Act –

                  Adoption – Revocation.

 

5        Message from the Governor

         The following Message from the Governor was received and read:

 

Assent to Bill                                                                                          Message No 22

The Governor informs the House of Assembly that, in the name and on behalf of Her Majesty the Queen, the following Acts were assented to during the third Session of the 50th Parliament, viz.-

No 20 of 2004 -         An Act to provide for food safety matters relating to the production of primary produce; to repeal the Dairy Industry Act 1992 and the Meat Hygiene Act 1994; to amend the Prevention of Cruelty to Animals Act 1985; and for other purposes.

No 21 of 2004 -         An Act to amend the Debits Tax Act 1994, the Pall-roll Tax Act 1971 and the Stamp Duties Act 1923.

No 22 of 2004 -         An Act to provide for the making and resolution of complaints against health or community service providers; to make provision in respect of the rights and responsibilities of health and community service users and providers; and for other purposes.

No 23 of 2004 -         An Act to amend the Courts Administration Act 1993, the Criminal Law Consolidation Act 1935, the De Facto Relationships Act 1996, the Development Act 1993, the Environment, Resources and Development Court Act 1993, the Juries Act 1927, the Summary Procedure Act 1921, the Supreme Court Act 1935, the Young Offenders Act 1993 and the Youth Court Act 1993, to make related amendments to various other Acts; and for other purposes.

No 24 of 2004 -         An Act to establish the Australian Energy Market Commission; and for other purposes.

No 25 of 2004 -         An Act to amend the Pitjantjatjara Land Rights Act 1981.

         Government House, 20 July 2004                                       M Jackson-Nelson, GOVERNOR

 

6       Questions

Questions without notice were asked.

 

7       Grievance debate

On motion of the Speaker, the House noted grievances.

 

8       Postponement of business

Ordered - That Orders of the Day: Government Business Nos 1 and 2 be postponed and taken into consideration after Order of the Day: Government Business No 3.

 

9       Chicken Meat Industry (Arbitration) 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.

         Proceeded, by leave, to the third reading.

 

         Bill read a third time and passed.

 

10      Postponement of business

Ordered - That Order of the Day: Government Business No 1 be postponed and taken into consideration after Order of the Day: Government Business No 2.

 

11      Beechwood Garden Disposal – Botanic Gardens and State Herbarium Act 1978 -

         Motion re

Order of the Day read for the adjourned debate on the motion of the Minister for Environment and Conservation – That for the purposes of section 14 of the Botanic Gardens and State Herbarium Act 1978, this House resolves that the Board of the Botanic Gardens and State Herbarium may dispose of any interest in, and be divested of any control of, any of the following land –

      (a) Certificate of Title Register Book Volume 5862 Folio 262 (formerly Volume 4175 Folio 187); and

      (b) Certificate of Title Register Book Volume 5133 Folio 747 (formerly Volume 4175 Folio 188).

      Mrs Redmond moved - That the debate be further adjourned.

      Question put.

               House divided (No 1):

 

           Ayes, 19

 

           Noes, 22

Mr Brindal

Hon M J Atkinson

Mr Brokenshire

Ms Bedford

Hon M R Buckby

Ms Breuer

Ms Chapman

Mr Caica

Hon I F Evans

Ms Ciccarello

Mr Goldsworthy

Hon P F Conlon

Hon G M Gunn

Hon K O Foley

Mrs Hall

Hon S W Key

Mr Hamilton-Smith

Mr Koutsantonis

Mr Hanna

Hon J D Lomax-Smith

Hon D C Kotz

Ms Maywald

Hon W A Matthew

Hon R J McEwen

Dr McFetridge

Ms Rankine

Mr Meier

Hon M D Rann

Mrs Penfold

Mr Rau

Mr Scalzi

Mr Snelling

Mr Venning

Hon L Stevens

Mr Williams

Ms Thompson

(Teller) Mrs Redmond

Hon J W Weatherill

 

Hon P L White

 

Hon M J Wright

 

Hon J D Hill (Teller)

 

      So it passed in the negative.

      Debate resumed.

      Question put and passed.

 

 

 

12      Postponement of business

Ordered - That Order of the Day: Government Business No 1 be postponed and taken into consideration after Order of the Day: Government Business No 20.

 

13      Natural Resources Management Bill

Order of the Day read for the consideration in Committee of the amendments of the Legislative Council in this Bill.

In Committee

Resolved – That the amendments be agreed to.

 

____________

 

         The House having resumed:

Hon R B Such reported that the Committee had considered the amendments referred to it and had agreed to the same without amendment.

 

14      Postponement of business

Ordered – That Orders of the Day: Government Business Nos 5 to 17 be postponed and taken into consideration after Order of the Day: Government Business No 18.

 

15      Statutes Amendment (Co-managed Parks) Bill

Order of the Day read for the consideration in Committee of the amendments of the Legislative Council in this Bill.

In Committee

Resolved – That the amendments be agreed to.

 

____________

 

         The House having resumed:

Hon R B Such reported that the Committee had considered the amendments referred to it and had agreed to the same without amendment.

 

16      Tobacco Products Regulation (Further Restrictions) 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.

 

17      Extension of time for adjournment

Ordered, on motion of the Minister for Health - That the time for moving the adjournment of the House be extended beyond 10.00 pm.

 

18      Tobacco Products Regulation (Further Restrictions) Amendment Bill

         Debate (interrupted by the foregoing) resumed.

         Question put and passed.

 

         Bill read a second time.

 

In Committee

                                                Clauses Nos 1 to 3 agreed to.

                                                Clause No 4 read.

 

Mr Hanna moved on page 3, lines 16 to 19 to delete the definition of enclosed public place, workplace or shared area

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

 

                                                Clause agreed to.

                                                Clause No 5 agreed to.

                                                Clause No 6 read.

 

         Hon D C Brown moved on page 5, line 18 to insert “after the licence” the words “to one”.

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

 

                                                Clause agreed to.

                                                Clauses Nos 7 to 11 agreed to.

                                                Clause No 12 read.

 

The Minister for Health moved on page 6, line 14 after paragraph (b) to insert:

            or

      (c)  the machine is situated in a part of the casino in which the public are permitted to engage in gambling activities under the Casino Act 1997,

 

         To report progress and ask leave to sit again.

 

____________

 

         The House having resumed:

Hon R B Such 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 tomorrow.

 

19      Messages from the Legislative Council

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

 

Statutes Amendment (Miscellaneous Superannuation Measures) Bill    Message No 84

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Police Superannuation Act 1990, the Southern State Superannuation Act 1994 and the Superannuation Act 1988, with the amendments indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

         Legislative Council, 20 July 2004                                                    R R Roberts, PRESIDENT

 

Schedule of amendments from the Legislative Council

 

Amendment No 1

Clause 5, page 5, lines 1 to 3—

Delete these lines and substitute:

   (5)        The factors to be applied in—

   (a)        the conversion of a withheld amount (or part of a withheld amount) into a pension; and

   (b)        the commutation of a pension,

will be determined by the Treasurer on the recommendation of an actuary.

 

Amendment No. 2.

Clause 5, page 6, lines 37 to 39—

Delete these lines and substitute:

   (7)        The factors to be applied in—

   (a)        the conversion of a withheld amount (or part of a withheld amount) into a pension; and

   (b)        the commutation of a pension,

will be determined by the Treasurer on the recommendation of an actuary.

 

Amendment No. 3.

Clause 10, page 10, after line 23:—

Insert:

   (4a)       Section 40(1)(f)—delete "paragraph (e)" and substitute:

paragraph (d)(ii)

 

Amendment No. 4.

Clause 14, page 13, lines 9 to 11—

Delete these lines and substitute:

   (5)        The factors to be applied in—

   (a)        the conversion of a withheld amount (or part of a withheld amount) into a pension; and

   (b)        the commutation of a pension,

will be determined by the Treasurer on the recommendation of an actuary.

 

Amendment No. 5.

Clause 14, page 15, lines 6 to 8—

Delete these lines and substitute:

   (7)        The factors to be applied in—

   (a)        the conversion of a withheld amount (or part of a withheld amount) into a pension; and

   (b)        the commutation of a pension,

will be determined by the Treasurer on the recommendation of an actuary.

 

Amendment No. 6.

Clause 18, page 18, lines 11 to 13—

Delete these lines and substitute:

   (5)        The factors to be applied in—

   (a)        the conversion of a withheld amount (or part of a withheld amount) into a pension; and

   (b)        the commutation of a pension,

will be determined by the Treasurer on the recommendation of an actuary.

 

Amendment No. 7.

Clause 18, page 20, lines 6 to 8—

Delete these lines and substitute:

   (7)        The factors to be applied in—

   (a)        the conversion of a withheld amount (or part of a withheld amount) into a pension; and

   (b)        the commutation of a pension,

will be determined by the Treasurer on the recommendation of an actuary.

 

Amendment No. 8.

Clause 20, page 21, after line 27—

Insert:

   (4a)       Section 45(1)(f)—delete "paragraph (e)" and substitute:

paragraph (d)(ii)

 

J M Davis CLERK OF THE LEGISLATIVE COUNCIL

 

         Ordered - That consideration of the amendments be an Order of the Day for tomorrow.

 

         Conveyancers (Corporate Structures) Amendment Bill                           Message No 85

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Conveyancers Act 1994, without any amendment.

         Legislative Council, 20 July 2004                                                    R R Roberts, PRESIDENT

 

20      Adjournment

House adjourned at 11.56 pm until tomorrow at 2.00 pm.

 

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MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

            For Wednesday 22 July 2004

 

Notice of Motion: Government Business –

 

The Attorney-General to move – That he have leave to introduce a Bill for an Act to amend the Criminal Law (Legal Representation) Act 2001 and the Legal Services Commission Act 1977; and to make a related amendment to the Legal Services Commission (Miscellaneous) Amendment Act 2002.

 

 

            For Wednesday 22 July 2004

 

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

 

Mrs Redmond to move – That she have leave to introduce a Bill for an Act to amend the Heritage Act 1993.

 

            For Thursday 23 July 2004

 

Notice of Motion: Other Motions –

 

Hon G M Gunn to move – That this House takes note of the Speaker’s statement on 19 July 2004 concerning the Heritage listing of Parliament House and rejects any attempt to list Parliament House on the National Heritage Register.

 

 

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Present during the day - All Members except Mrs Geraghty.

 

         The following Pair was handed in at the Table during the days proceedings:

 

         Division No 1 -

               Ayes - Hon R G Kerin and Hon D C Brown.

               Noes - Mrs Geraghty and Mr O’Brien.

 

 

 

 

 

                                                                                                                        Peter Lewis

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY