No 66

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

WEDNESDAY 6 JULY 2005

 

 

1       Meeting of House

         The House met pursuant to adjournment. The Speaker (Hon R B Such) took the Chair and read prayers.

 

2       Petition No 94

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

 

94   Dr McFetridge, from 459 residents of South Australia, requesting the House to urge the Minister for State/ Local Government Relations to suspend the City of Holdfast Bay Council and its Administration and install an Administrator until the next Local Government Elections to undo the amalgamation of the former cities of Glenelg and Brighton.

 

3       Papers

         The following Papers were tabled:

 

By the Premier (Hon M D Rann) -

      Director of Public Prosecution – Letter to the Attorney-General - Remuneration Level

 

By the Treasurer (Hon K O Foley) –

      Human Services, Department of – Review of Financial Management – Stage One Final Report – 31 January 2005.

 

4       Legislative Review Committee - Report – Twenty-Third

Mr Hanna brought up the 23rd Report of the Committee.

Report received.

 

5       Statutory Officers Committee – Report on the Appointment of Electoral Commissioner

The Attorney-General (Hon M J Atkinson), brought up the 1st Report of the Statutory Officers Committee on the Appointment of the Electoral Commissioner.

Report received.

 

6       Questions

Questions without notice were asked.

 

7       Member named

The Speaker named the Member for Bright (Hon W A Matthew), for defying the authority of the Chair.

The Member made an apology which was accepted by the Speaker.

 

8       Questions

Questions (interrupted by the foregoing) resumed.

 

9       Grievance debate

On motion of the Speaker, the House noted grievances.

 

10      Natural Resources Committee - Leave to sit

Mr Rau, by leave, moved - That the Natural Resources Committee have leave to sit during the sitting of the House today.

Question put and passed.

 

11      Statutes Amendment (Recreational Trails) Amendment Bill

Hon I F Evans, having by leave amended his motion of which notice had been given, moved - That he have leave to introduce a Bill for an Act to amend the Highways Act 1926, the Recreational Greenways Act 2000 and the Roads (Opening and Closing) Act 1991.

Question put and passed.

         Bill presented and read a first time.

 

         Hon I F Evans moved - That this Bill be now read a second time.

Ordered, on motion of Mrs Geraghty, that the debate be adjourned until Wednesday 19 October.

 

12      Kangaroo Island Council – By-law - Dogs - Motion to disallow

Mr Hanna, pursuant to notice, moved - That By-Law Number 5, made by the Kangaroo Island Council under the Local Government Act 1999 entitled Dogs, and laid on the Table of this House on 3 May, be disallowed.

         Question put and passed.

 

13      Postponement of business

Ordered - That Notice of Motion: Private Members Bills/Committees/Regulations No 4 to be postponed until Wednesday 14 September.

 

14      Superannuation Act 1988 – Rules - Commutation - Motion to disallow

Mr Hanna, pursuant to notice, moved - That the Rules made under the Superannuation Act 1988 entitled Commutation, made on 13 January and laid on the Table of this House on 8 February, be disallowed.

         Question put and passed.

 

15      Postponement of business

Ordered - That Notice of Motion: Private Members Bills/Committees/Regulations No 6 to be postponed until Wednesday 14 September.

 

16      Social Development Committee - Report – Statutes Amendment (Relationships) Bill - Motion to note

Mr Snelling, pursuant to notice, moved - That the 21st Report of the Social Development Committee on the Statutes Amendment (Relationships) Bill be noted.

Debated ensued.

Ordered, on the motion of Ms Bedford, that the debate be adjourned until Wednesday 14 September.

 

17      Economic and Finance Committee - Report - Emergency Service Levy 2005-06 - Motion to note

Ms Thompson, pursuant to notice, moved - That the 52nd Report of the Economic and Finance Committee on the Emergency Service Levy 2005-06 be noted.

Debated ensued.

Question put and passed.

 

18      Postponement of business

Ordered, severally - That Notices of Motion: Private Members Bills/Committees/Regulations Nos 9 to 11 to be postponed until Wednesday 14 September.

 

19      Social Development Committee - Report – Multiple Chemical Sensitivity - Motion to note

Ms White, pursuant to notice, moved - That the 22nd Report of the Social Development Committee relating to Multiple Chemical Sensitivity be noted.

Debated ensued.

Question put and passed.

 

20      Select Committee on Nurse Training and Education

Order of the Day read for the Report of the Select Committee on Nurse Training and Education to be brought up.

 

Extension of time for bringing up Report

Ms Thompson, moved - That the time for bringing up the Report be extended until Wednesday 21 September.

Question put and passed.

 

21      Select Committee on the Tattooing and Body Piercing Industries

Order of the Day read for the Report of the Select Committee on the Tattooing and Body Piercing Industries to be brought up.

 

Extension of time for bringing up Report

Mr Rau, moved - That the time for bringing up the Report be extended until Wednesday 21 September.

Question put and passed.

 

22      Postponement of business

Ordered - That Order of the Day: Private Members Bills/Committees/Regulations No 3 to be postponed until Wednesday 14 September.

 

23      Select Committee on the Protection of the Adelaide Park Lands – Motion re

Order of the Day read for the adjourned debate on the motion of Mr Hanna - That this House establish a Select Committee to examine and report upon how best to protect the Adelaide Park Lands as land for public benefit, recreation and enjoyment, including

(a)           desirable protective measures to ensure the continuing availability of land for public recreational purpose;

(b)           arrangements for management responsibility and accountability;

(c)           the desirability of legislative protection and the form of legislation, if considered necessary;

(d)           the impact and feasibility of seeking to list the Adelaide Park Lands on the World Heritage List; and

(e)           any other related matter; 

and that the Committee be entitled to incorporate that evidence previously gathered by the former Select Committee on the Adelaide Park Lands established in the 49th Parliament.

         Debate resumed.

         Question put.

         House divided (No 1):

 

           Ayes, 19

 

           Noes, 22

Mr Brindal

Hon M J Atkinson

Hon D C Brown

Ms Bedford

Hon M R Buckby

Ms Breuer

Ms Chapman

Hon P F Conlon

Hon I F Evans

Hon K O Foley

Mr Goldsworthy

Mrs Geraghty

Hon G M Gunn

Hon S W Key

Mr Hamilton-Smith

Mr Koutsantonis

Hon R G Kerin

Hon J D Lomax-Smith

Hon D C Kotz

Hon K A Maywald

Hon W A Matthew

Hon R J McEwen

Dr McFetridge

Mr O'Brien

Mr Meier

Ms Rankine

Mrs Penfold

Hon M D Rann

Mrs Redmond

Mr Rau

Mr Scalzi

Mr Snelling

Mr Venning

Hon L Stevens

Mr Williams

Ms Thompson

Mr Hanna (Teller)

Hon J W Weatherill

 

Ms White

 

Hon M J Wright

 

Hon J D Hill (Teller)

 

         So it passed in the negative.

 

24      Postponement of business

Ordered, separately - That Orders of the Day: Private Members Bills/Committees/Regulations Nos 5 to 7 to be postponed until Wednesday 14 September.

 

25      Postponement of business

Ordered - That Order of the Day: Private Members Bills/Committees/Regulations No 8 be postponed until Wednesday 21 September.

 

26      Natural Resources Committee – Report - Meningie and Narrung Irrigators - Motion to note

Order of the Day read for the adjourned motion of Mr Rau - That the Natural Resources Committee Report on the Meningie and Narrung Irrigators be noted.

         Question put and passed.

 

27      Postponement of business

Ordered, separately - That Orders of the Day: Private Members Bills/Committees/Regulations Nos 10 to 12 to be postponed until Wednesday 14 September.

 

28      Criminal Law Consolidation (Instruments of Crime) Amendment Bill

The Attorney-General, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Criminal Law Consolidation Act 1935.

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 Hon D C Brown, that the debate be adjourned until tomorrow.

 

29      Mr Greg James QC – Royal Commissioner Report - Motion to publish

The Attorney-General, pursuant to notice, moved - That this House resolves that any Report presented to Her Excellency the Governor by Mr Greg James QC, Royal Commissioner, that is not "sealed" and available for public release, be authorised for publication by this House upon receipt by the Speaker.

         Question put and passed.

 

30      Fire and Emergency Services Bill

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

 

In Committee

Resolved – That Amendment No 2 be disagreed to and an alternative amendment be made in lieu thereof.

____________

 

         The House having resumed:

Mr Snelling reported that the Committee had considered the amendments referred to it and had agreed to Amendments Nos 1, 3 to 11, 18, 19, 21 to 23 and 26 without amendment, disagreed to Amendment Nos 2, 14, 15 and 25 and had made alternative amendments in lieu thereof and had disagreed to Amendments Nos 12, 13, 16, 17, 20 and 24.

 

31      Ambulance Services (SA Ambulance Services Inc) Bill

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

 

In Committee

Resolved – That Amendments Nos 1 to 4 be agreed to.

____________

 

         The House having resumed:

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

 

32      Occupational Health, Safety and Welfare (Safework SA) Bill

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

 

In Committee

Resolved – That Amendments Nos 1 to 120 be agreed to.

 

____________

 

 

         The House having resumed:

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

 

33      Postponement of business

Ordered - That Order of the Day: Government Business No 4 to be postponed and taken into consideration after Order of the Day: Government Business No 6.

 

34      Parliamentary Committees (Public Works) Amendment Bill

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

 

In Committee

The Minister for Environment and Conservation (Hon J D Hill), moved – That Amendments Nos 1, 2, 4 and 5 be agreed to and Amendments Nos 3 and 6 be disagreed to.

 

         To report progress and ask leave to sit again.

 

____________

 

         The House having resumed:

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

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

 

35      Paper

         The following Paper was tabled:

 

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

               Public Works Committee – Listing of Reports – 2001 – 2004.

 

36      Extension of time for adjournment

Ordered, on motion of the Deputy Premier, that the time for moving the adjournment of the House be extended beyond 10.00 pm.

 

37      Suspension of Standing Orders

The Deputy Premier, without notice, moved - That Standing Orders be so far suspended as to enable him to move a motion forthwith for the rescission of a vote of this House, made earlier today.

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

 

Rescission of Vote

The Deputy Premier, then moved – That the vote on the question – That the Rules made under the Superannuation Act 1988 entitled Commutation made on 13 January and laid on the table of this House on 1 June be disallowed, be rescinded.

Question put and there being a negative voice.

 

         House divided (No 2):

 

           Ayes, 39

           Noes, 3

 

Hon M J Atkinson

Ms Chapman

Ms Bedford

Mr Lewis

Ms Breuer

Mr Hanna (Teller)

Mr Brindal

 

Hon D C Brown

 

Hon M R Buckby

 

Ms Ciccarello

 

Hon I F Evans

 

Mrs Geraghty

 

Mr Goldsworthy

 

Hon G M Gunn

 

Mr Hamilton-Smith

 

Hon J D Hill

 

Hon R G Kerin

 

Hon S W Key

 

Hon D C Kotz

 

Mr Koutsantonis

 

Hon J D Lomax-Smith

 

Hon W A Matthew

 

Hon K A Maywald

 

Hon R J McEwen

 

Dr McFetridge

 

Mr Meier

 

Mr O'Brien

 

Mrs Penfold

 

Ms Rankine

 

Hon M D Rann

 

Mr Rau

 

Mrs Redmond

 

Mr Scalzi

 

Mr Snelling

 

Hon L Stevens

 

Ms Thompson

 

Mr Venning

 

Hon J W Weatherill

 

Ms White

 

Mr Williams

 

Hon M J Wright

 

Hon K O Foley (Teller)

 

 

         So it was resolved in the affirmative.

 

Ordered, on motion of the Deputy Premier, that the adjourned debate on the motion be an Order of the Day for Wednesday 14 September.

 

38      Messages from the Legislative Council

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

 

         South Australian Electoral Commissioner - Resolution                           Message No 77

MR SPEAKER - The Legislative Council informs the House of Assembly that it has passed the Resolution transmitted herewith, and desires the concurrence of the House of Assembly thereto.

         Legislative Council, 6 July 2005                                                      R R Roberts, PRESIDENT

 

Resolution referred to:

 

That a Recommendation be made to Her Excellency The Governor to appoint Ms Kay Mousley to the Office of the South Australian Electoral Commissioner.

 

Ordered – That the Message be taken into consideration forthwith.

 

The Minister for Families and Communities (Hon J W Weatherill), moved – That the Resolution be agreed to.

Question put and passed.

 

 

         Trustees Companies (Elders Trustees Limited) Amendment Bill Message No 78

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Trustee Companies Act 1988, without any amendment.

         Legislative Council, 6 July 2005                                                      R R Roberts, PRESIDENT

 

         Citrus Industry Bill                                                                                  Message No 79

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to provide for the South Australian Citrus Industry Development Board and for administration by the Board of a fund for citrus industry purposes; to repeal the Citrus Industry Act 1991; 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, 6 July 2005                                                      R R Roberts, PRESIDENT

 

Schedule of amendments from the Legislative Council

 

Amendment No 1

Clause 5, page 5, after line 20—

Insert:

(1a)    The Board may, in addition to carrying out its functions under subsection (1), provide any other services that the Board thinks fit.

 

Amendment No 2

Clause 20, page 9, line 29—

Delete "$5 000" and substitute:

$7 500

 

Amendment No 3

Clause 20, page 9, lines 37 and 38—

Delete all words in these lines and substitute:

Maximum penalty: $5 000.

Expiation fee: $315.

 

Amendment No 4

Clause 20, page 10, lines 4 and 5—

Delete all words in these lines and substitute:

Maximum penalty: $5 000.

Expiation fee: $315.

 

 

Amendment No 5

Clause 21, page 10, lines 35 and 36—

Delete all words in these lines and substitute:

Maximum penalty: $5 000.

Expiation fee: $315.

 

Amendment No 6

Clause 27, page 12, line 15—

Delete "6 years" and substitute:

3 years

 

         J M Davis CLERK OF THE LEGISLATIVE COUNCIL

 

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

 

         Heritage (Heritage Directions) Amendment Bill                                      Message No 80

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Heritage Act 1993 and to make related amendments to the Development Act 1993, the History Trust of South Australia Act 1981 and the Valuation of Land Act 1971, with the amendments indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

         Legislative Council, 6 July 2005                                                      R R Roberts, PRESIDENT

 

Schedule of amendments from the Legislative Council

 

Amendment No 1

Clause 31, page 19, lines 28 to 30—

Delete paragraph (b) and substitute:

  (b)     if or when the amendment is made to the Development Plan, make any alteration to the Register as it thinks fit.

 

Amendment No 2

Clause 40, page 25, after line 3—

Insert:

  (5)     The Minister must take reasonable steps to ensure that the occupier of the land is consulted before a heritage agreement is entered into or varied so as to bind the occupier in the manner contemplated by subsection (2)(b).

 

Amendment No 3

Schedule 1, clause 3, page 33, lines 20 to 23—

Delete subsection (4aa) and substitute:

(4aa)   For the purposes of subsection (4):

  (a)     a place will be taken to be any place within the meaning of the Heritage Places Act 1993; and

  (b)     a designation of a place as a place of local heritage value may include any component or other item, feature or attribute that is assessed as forming part of, or contributing to, the heritage significance of the place; and

  (c)     the Minister may, after seeking the advice of the South Australian Heritage Council, develop or adopt guidelines that are to be used in the interpretation or application of the criteria set out in that subsection.

 

         J M Davis CLERK OF THE LEGISLATIVE COUNCIL

 

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

 

39      Children‘s Protection (Keeping Them Safe) 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.

Ordered, on motion of Mr Lewis, that the debate be further adjourned until tomorrow.

 

40      Postponement of business

Ordered, severally - That Orders of the Day: Government Business Nos 4 and 7 to 9 to be postponed and taken into consideration after Order of the Day: Government Business No 11.

 

41      Correctional Services (Parole) Amendment Bill

Order of the Day read for consideration of Message No 72 from the Legislative Council.

 

         Conference – Correctional Services (Parole) Amendment Bill

The Minister for Families and Communities, moved - That a Message be sent to the Legislative Council granting a Conference as requested by the Council: and that the time and place for holding it be the Garden Room, at 10.30 am tomorrow; and that Ms Chapman, Hon W A Matthew, Ms Rankine, Mr Rau and the mover be the managers on the part of this House.

Question put and passed.

 

 

 

 

 

42      Statutes Amendment and Repeal (Aggravated Offences) Bill

Order of the Day read for the consideration of Message No 73 from Legislative Council.

 

In Committee

The Minister for Families and Communities, moved – That disagreement to the amendments be insisted on.

Question put.

 

         Committee divided (No 3):

 

           Ayes, 15

           Noes, 12

 

Ms Bedford

Mr Brindal

Ms Ciccarello

Hon D C Brown

Mrs Geraghty

Hon M R Buckby

Hon J D Hill

Ms Chapman

Hon S W Key

Hon I F Evans

Mr Koutsantonis

Mr Hamilton-Smith

Hon K A Maywald

Mr Meier

Hon R J McEwen

Mrs Redmond

Mr O'Brien

Mr Scalzi

Mr Rau

Mr Venning

Hon L Stevens

Mr Williams

Ms Thompson

Mr Lewis (Teller)

Ms White

 

Hon M J Wright

 

Hon J W Weatherill (Teller)

 

 

         So it was resolved in the affirmative.

____________

 

         The House having resumed:

Mr Snelling reported that the Committee had considered the Message referred to it and had resolved to insist on its disagreement to the amendments of the Legislative Council.

 

____________

 

It being Midnight

THURSDAY 7 JULY

____________

 

 

43      Suspension of Standing Orders

The Minister for Families and Communities, without notice, moved - That Standing Orders be so far suspended as to enable the House to sit beyond midnight.

Question put and there being a negative voice.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

         House divided (No 4):

 

           Ayes, 26

           Noes, 1

 

Ms Bedford

Mr Lewis (Teller)

Mr Brindal

 

Hon D C Brown

 

Hon M R Buckby

 

Ms Chapman

 

Ms Ciccarello

 

Hon I F Evans

 

Mrs Geraghty

 

Mr Hamilton-Smith

 

Hon J D Hill

 

Hon S W Key

 

Mr Koutsantonis

 

Hon K A Maywald

 

Hon R J McEwen

 

Mr Meier

 

Mr O'Brien

 

Mr Rau

 

Mrs Redmond

 

Mr Scalzi

 

Hon L Stevens

 

Ms Thompson

 

Mr Venning

 

Ms White

 

Mr Williams

 

Hon M J Wright

 

Hon J W Weatherill (Teller)

 

 

         So it was resolved in the affirmative.

 

44      Conference – Statutes Amendment and Repeal (Aggravated Offences) Bill

The Minister for Families and Communities,  moved - That a Message be sent to the Legislative Council requesting that a Conference be granted to this House respecting certain amendments of the Legislative Council in the Statutes Amendment and Repeal (Aggravated Offences) Bill and that the Legislative Council be informed that, in the event of such a Conference being agreed to, this House will be represented at such Conference by five Managers; and that Ms Chapman, Ms Rankine, Mr Rau, Mrs Redmond and the mover be Managers of the Conference on the part of this House.

Question put and passed.

 

45      Messages from the Legislative Council

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

 

         Parliamentary Superannuation (Scheme for New Members) Amendment Bill                                                                  Message No 81

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Parliamentary Superannuation Act 1974 and to make a related amendment to the Parliamentary Remuneration Act 1990, with the amendments indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

         Legislative Council, 6 July 2005                                                      R R Roberts, PRESIDENT

 

Schedule of amendments from the Legislative Council

 

Amendment No 1

Clause 4, page 5, after line 5—

Insert:

             (6a)    Section 5(1), definition of member—after "receipt of salary" insert:

but does not include a non-participating member

 

Amendment No 2

Clause 4, page 5, line 9—

After "delete the definitions" insert:

and substitute:

non-participating member means a member of either House of Parliament who has made an election under section 7DA;

 

Amendment No 3

Clause 7, page 8, line 6—

After "a member" insert:

or by virtue of a resignation

 

Amendment No 4

Clause 7, page 8, line 8—

Delete "or expiry" and substitute:

, resignation or expiry, or any case where a member is returned at a joint sitting in prescribed circumstances

 

Amendment No 5

Clause 7, page 8, after line 9—

Insert:

             (4a)    For the purposes of the cases described in subsection (4)(b)—

                        (a)     a member may be taken to be returned at an election even if the member, at the relevant election, is returned as a member of the House that is the other House to the House of which he or she was a member before the election; and

                        (b)     a member is returned at a joint sitting in prescribed circumstances if (and only if) the member is a person who was a member of the Parliament (and a member of PSS 1 or PSS 2) and who is then chosen under section 13 of the Constitution Act 1934 to be a member of the Legislative Council within 3 months after the date of an election (for either House of Parliament) so that his or her period of not being a member of Parliament does not exceed 6 months.

 

Amendment No 6

Clause 7, page 10, after line 5—

Insert:

7DA—PSS3 member may elect to participate in other schemes

             (1)     In this section—

          eligible member means a PSS3 member, other than a person who is a member of PSS3 by virtue of section 7D(4)(b) or 7E;

          fund includes a scheme or account;

prescribed period, in relation to an eligible member, means the period of 3 months from the date on which the person became a PSS3 member;

RSA has the same meaning as in the Retirement Savings Accounts Act 1997 of the Commonwealth;

self managed superannuation fund has the same meaning as in the Superannuation Industry (Supervision) Act 1993 of the Commonwealth;

specified fund means a fund specified in a notice under subsection (4)(a) or (10)(a).

              (2)     An eligible member may, by notice in writing furnished to the Board during the prescribed period, elect to transfer his or her superannuation arrangements under this Act to a fund that complies with subsection (3).

             (3)     A fund (a complying fund) complies with this subsection if it is—

                            (a)     a complying superannuation fund, other than a self managed superannuation fund; or

                            (b)     an RSA.

             (4)     A notice under subsection (2) must—

(a)     specify the name of, and contact details for, the relevant fund; and

(b)     specify the date from which the election is to take effect, being a date—

   (i)     that is at least 14 days but not more than 2 months from the date on which the notice is furnished to the Board; and

  (ii)     that coincides with a date on which salary is due to be paid to the member; and

(c)     be accompanied by evidence that the fund will accept contributions under this section; and

(d)     contain or be accompanied by such other information (if any) as may be required by the Board.

(5)    If a person makes an election under subsection (2)—

(a)     the person will cease to be a member of PSS3; and

(b)    the Board will cease to maintain (or, if relevant, will not be required to establish) an account in the name of the person under this Act (and Part 2B will cease to apply in relation to the person); and

  (c)    any amount standing to the credit of the person's contribution account or Government contribution account (if any) must be carried over to the specified fund; and

(d)     the person will cease to be liable to make contributions under this Act; and

(e)    no entitlement or benefit will be payable to the person, or to any other person in respect of the person, under this Act (other than as provided by paragraph (f)); and

(f)    the Treasurer must, while the person is a member of either House of Parliament, make contributions to the specified fund for that person's benefit, in accordance with subsection (6).

(6)    For the purposes of subsection (5)(f), the contributions must be made in accordance with the Superannuation Guarantee (Administration) Act 1992 of the Commonwealth as if the person were an employee of the State (see section 12(5) of that Act) and in order to avoid having an individual superannuation guarantee shortfall in respect of the person within the meaning of that Act.

(7)    An eligible member cannot make an election under this section if the Board has been served with a splitting instrument within the meaning of Part 4A in respect of the member's superannuation interest under this Act.

(8)    An election under subsection (2) is irrevocable.

(9)    However, a person may, by notice in writing furnished to the Board, vary an election under this section so as to select another complying fund for the purposes of this section.

(10)   A notice under subsection (9) must—

  (a)     specify the name of, and contact details for, the new fund; and

  (b)     be accompanied by evidence that the new fund will accept contributions under this section; and

  (c)     contain or be accompanied by such other information (if any) as may be required by the Board.

(11)  A notice under subsection (9) will take effect on a date determined by the Board after consultation with the person who has furnished the notice.

(12)  A person who makes an election under this section does not become, by virtue of any liability under this section, a member of the Southern State Superannuation Scheme.

(13)  There can only be 1 fund that applies in relation to a member under this section at any particular time.

(14)   If—

(a)     a person makes an election under this section; and

(b)     the specified fund applying for the purposes of the election—

(i)     ceases to exist; or

(ii)     ceases to accept contributions under this section; or

(iii)     ceases to be a complying fund; and

(c)     the person does not, within the prescribed period, vary the election to specify another complying fund for the purposes of this section,

then the Treasurer may, after consultation with the Board, specify another complying fund (which will then be taken to be a fund specified by the person for the purposes of this section).

 

Amendment No 7

Clause 24, page 23, line 32—

Delete "section 14C(3)" and substitute:

section 14C(2)

 

Amendment No 8

Clause 48, page 33, after line24—

Insert:

eligible member means—

(a)    a PSS 3 member; or

(b)    a non-participating member;

non-participating member means a member of either House of Parliament who has made an election under section 7DA of the Parliamentary Superannuation Act 1974;

 

Amendment No 9

Clause 48, page 33, lines 32 to 34—

Delete subsection (2) and substitute:

(2)    An eligible member may elect to forego a percentage or amount of salary that would otherwise be paid to the member and instead have contributions made—

  (a)     in the case of a PSS 3 member—to PSS 3;

  (b)     in the case of a non-participating member—to the complying fund that applies in relation to the member under section 7DA of the Parliamentary Superannuation Act 1974,

for superannuation purposes.

 

Amendment No 10

Clause 48, page 34, lines 24 to 27—

Delete paragraph (b) and substitute:

   (b)        the Treasurer must make contributions of amounts representing the amount of reduction for the benefit of the member—

(a)      in the case of a PSS 3 member—in accordance with section 14C(2) of the Parliamentary Superannuation Act 1974;

(b)      in the case of a non-participating member—to the complying fund that applies in relation to the member under section 7DA of the Parliamentary Superannuation Act 1974.

 

         J M Davis CLERK OF THE LEGISLATIVE COUNCIL

 

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

 

         Fire and Emergency Services Bill                                                          Message No 82

MR SPEAKER - The Legislative Council does not insist on its Amendments Nos 12, 13, 16, 17, 20 and 24 in the Fire and Emergency Services Bill to which the House of Assembly has disagreed and does not insist on its Amendments Nos 2, 14, 15 and 25 to which the House of Assembly has also disagreed and agrees to the Alternative Amendments in lieu thereof.  The Bill is returned herewith.

         Legislative Council, 6 July 2005                                                      R R Roberts, PRESIDENT

 

46      Adjournment

House adjourned at 12.24 am until today at 10.30 am.

 

____________

 

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

            For Thursday 7 July 2005

 

Hon G M Gunn to move – That this House calls on the Government to fund a ten year program to–

(a)           contain the spread of wheel cactus;

(b)           commence an eradication program; and

(c)           assist Local Councils, the officers authorised to control pest plants and local landholders to ensure this particular problem is contained and eventually eradicated east of Peterborough, the Flinders Ranges and the Riverland.

 

Mr Brindal to move – That the House

(a)           recognises the need for public accountability and its obligation to scrutinise the Executive Government; and

(b)           sends a message to the Chief Justice requesting that the transcripts of the Regina v Ashbourne case be provided to the Speaker to be laid on the Table of this House.

 

 

____________

 

 

Present during the day - All Members except Mr Brokenshire, Mr Caica, Mrs Hall.

 

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

 

         Division No 1 -

               Ayes - Mr Brokenshire, Mrs Hall.

               Noes - Mr Caica, Ms Ciccarello.

 

         Division No 3 -

               Ayes - Hon M J Atkinson, Ms Breuer, Mr Caica, Hon P F Conlon, Hon K O Foley, Hon J D Lomax-Smith, Ms Rankine, Hon M D Rann.

               Noes - Mr Brokenshire, Mr Goldsworthy, Hon G M Gunn, Mrs Hall, Hon R G Kerin, Hon D C Kotz, Hon W A Matthew, Mrs Penfold.

 

 

 

 

 

 

                                                                                                                        Hon R B Such

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY