No 70

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

WEDNESDAY 14 MAY 2003

 

 

1       Meeting of House

The House met pursuant to adjournment.

 

2       Absence of Speaker

The Clerk informed the House of the absence of the Speaker.

Hon R B Such (Chairman of Committees) took the chair as Deputy Speaker.

 

3       Prayers

The Deputy Speaker read prayers.

 

4       Paper

         The following Paper was tabled:

 

By the Minister for Emergency Services (Hon P F Conlon) –

      Emergency Services Review – Report of the Task Force – May 2003.

 

5       Legislative Review Committee - Reports – Twenty Fifth and Twenty Sixth

 

Twenty Fifth Report

Mr Hanna brought up the Twenty Fifth Report of the Legislative Review Committee.

Report received and read as follows:

 

The By-laws and Regulations listed hereunder are at present being considered by the Legislative Review Committee. Evidence is being taken on these matters and it is necessary for Notices of Motion for Disallowance to be given in both Houses before the expiration of 14 sitting days to allow the Committee time to complete its deliberations.

Honourable Members are warned that after further consideration has been given to the Regulations, the Committee may decide to take no further action.

 

Regulations referred to:

Construction Industry Long Service Leave Act 1987 – Long Service Levy

Local Government Act 1999 – Local Government Superannuation Scheme – Allocated Pensions

Water Resources Act 1997 – Marne River, Saunders Creek

 

By-laws referred to:

      Local Government Act 1999 – Clare and Gilbert Valleys Council –

No 3 – Council Land

No 4 – Fire Prevention

No 5 – Animal and Birds.

 

Twenty Sixth Report

Mr Hanna brought up the Twenty Sixth Report of the Committee.

Report received.

 

6       Questions

Questions without notice were asked.

 

7       Grievance debate

On motion of the Speaker, the House noted grievances.

 

8       Postponement of business

Ordered, separately and severally - That Notices of Motion: Private Members Bills/Committees/Regulations Nos 2 and 5 to 8 be postponed until Wednesday 28 May.

 

9       District Council of Coober Pedy – By-law  No 3 – Land - Motion to disallow

Mr Hanna, pursuant to notice, moved - That By-law No 3 entitled Land for the District Council of Coober Pedy made on 16 December 2002 under the Local Government Act 1999 and laid on the table of this House on 18 February 2003, be disallowed.

         Question put and passed.

 

10      District Council of Coober Pedy – By-law  No 4 – Roads - Motion to disallow

Mr Hanna, pursuant to notice, moved – That By-law No 4 entitled Roads for the District Council of Coober Pedy made on 16 December 2002 under the Local Government Act 1999 and laid on the table of this House on 18 February 2003, be disallowed.

         Question put and passed.

 

11      Postponement of business

Ordered, severally - That Notices of Motion: Private Members Bills/Committees/Regulations Nos 12 to 15 be postponed until Wednesday 28 May.

 

12      Valuation of Land (Access to Financial Statements) Amendment Bill

Mr Brindal, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Valuation of Land Act 1971.

Question put and passed.

         Bill presented and read a first time.

 

         Mr Brindal moved - That this Bill be now read a second time.

         Ordered, on motion of Mrs Geraghty, that the debate be adjourned until Wednesday 28 May.

 

13      Postponement of business

Ordered, separately and severally - That Notices of Motion: Private Members Bills/Committees/Regulations Nos 17 to 25 be postponed until Wednesday 28 May.

 

14      Postponement of business

Ordered - That Notice of Motion: Private Members Bills/Committees/Regulations No 26 be postponed and taken into consideration after Notice of Motion: Private Members Bills/Committees/Regulations No 28.

 

15      Correctional Services (Parole) Amendment Bill

Mr Hanna, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Correctional Services Act 1982.

Question put and passed.

         Bill presented and read a first time.

 

         Mr Hanna moved - That this Bill be now read a second time.

         Ordered, on motion of Mrs Geraghty, that the debate be adjourned until Wednesday 28 May.

 

16      Joint Committee on the Impact of Dairy Deregulation on the Industry in South Australia – Final Report – Motion to note

Mr Koutsantonis, pursuant to notice, moved - That the Final Report of the Joint Committee on the Impact of Dairy Deregulation on the Industry in South Australia be noted.

         Debate ensued.

         Ordered, on motion of Mr Snelling, that the debate be adjourned until Wednesday 28 May.

 

17      Social Development Committee – 17th Report – Poverty Inquiry - Motion to note

Mr Snelling, pursuant to notice, moved - That the 17th Report of the Social Development Committee, being the Poverty Inquiry, be noted.

Debated ensued.

Question put and passed.

 

18      Postponement of business

Ordered - That Order of the Day: Private Members Bills/Committees/Regulations No 1 be postponed until Wednesday 28 May.

 

19      Wind Farms – Reference to Environment, Resources and Development Committee - Motion re

Order of the Day read for the adjourned debate on the motion of Mr Venning – That this House calls on the Environment, Resources and Development Committee to examine and make recommendations on the economic, environmental and planning aspects of Wind Farms in South Australia, with particular reference to -

(a)           the leadership role of Government in a strategic approach to the management and overall development of the Industry;

(b)           the effectiveness of existing institutions, Government agencies and their inter-relationships in delivering best practice to the Wind Energy Industry in South Australia;

(c)           addressing community concerns;

(d)           defining the links with a State Greenhouse Strategy;

(e)           examining the extent of their ability to meet the Commonwealth Mandatory Renewable Energy Target;

(f)             determining the appropriateness of setting State based renewable energy targets for South Australia;

(g)           maximising economic and environmental outcomes for South Australia;

(h)           evaluating the effectiveness of commercial generating machinery currently available; and

(i)             any other relevant matter.

Debate resumed.

         Question put and passed.

 

20      Waste Management - Reference to Environment, Resources and Development Committee - Motion re

Order of the Day read for the adjourned debate on the motion of Mr Venning – That this House calls on the Environment, Resources and Development Committee to examine and make recommendations on waste management in South Australia, particularly in regard to -

(a)           the environmental benefits and disadvantages of closing the Wingfield Dump;

(b)           the benefits of alternative waste disposal methods;

(c)           the environmental impact of land fill methods of waste disposal; and

(d)           any other relevant matter.

Mrs Geraghty moved to amend the motion by leaving out all words after “recommendations on” and inserting:

(a)     landfill proposals for metropolitan Adelaide for the next 15 years;

(b)     the viability of alternatives to landfill;

(c)     recycling;

(d)     plastic bag use in South Australia; and

(e)     any other relevant matter.

Ordered, on motion of Mr Snelling, that the debate be further adjourned until Wednesday 28 May.

 

21      Suspension and resumption of sitting

         At 5.47 pm the sitting of the House was suspended.

         At 7.30 pm the Speaker resumed the Chair.

 

22      Message from the Legislative Council

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

 

         Mining (Miscellaneous) Amendment Bill                                                Message No 82

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Mining Act 1971 and the Opal Mining Act 1995, to which it desires the concurrence of the House of Assembly.

         Legislative Council, 14 May 2003                                                    R R Roberts, PRESIDENT

 

         Bill read a first time.

         Ordered - That the second reading be an Order of the Day for tomorrow.

 

23      Criminal Law (Sentencing) (Serious Repeat Offenders) Amendment Bill

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

 

In Committee

 

Clause No 2 further considered and agreed to.

Clause No 3 agreed to.

Clause No 4 read.

 

Ms Chapman moved to leave out clause 4 and insert:

 

Substitution of heading to Part 2 Division 3

                    4. Heading to Part 2 Division 3—delete the heading and substitute:

 

                    Division 3—Disproportionate sentences and sentences of indeterminate duration

 

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

 

Clause agreed to.

Clause No 5 agreed to.

Title agreed to.

 

____________

 

         The House having resumed:

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

 

Bill read a third time and passed.

 

24      Constitution (Gender Neutral Language) Amendment Bill

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

         Question put and passed.

 

         Bill read a second time.

 

In Committee

Clause No 1 read.

 

         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 on motion.

 

 

Suspension of Standing Orders

The Attorney-General (Hon M J Atkinson), without notice, moved - That Standing Orders be so far suspended as to enable the moving of a motion forthwith for the rescission of the vote to pass the second reading of the Bill.

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 Attorney-General then moved - That the vote taken on the second reading of the Bill be rescinded.

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

 

Constitution (Gender Neutral Language) Amendment Bill

Debate resumed.

         Question put and passed.

 

         Bill read a second time.

 

25      Extension of time for adjournment

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

Question put and passed.

 

26      Constitution (Gender Neutral Language) Amendment Bill

        

Instruction to Committee

The Attorney-General, having by leave amended the contingent notice, moved – That it be an instruction to the Committee of the whole House on the Bill that it have authority to consider amendments about the form of Oath of Allegiance and a quorum for the purposes of an assembly of the Members of both Houses and a new clause regarding the validation of decisions of previous assemblies under section 13 of the principal Act.

Question put and passed.

 

In Committee

Clause No 1 amended and agreed to

Clause No 2 read.         

 

The Attorney-General moved on page 3, after line 11 to insert:

Section 13(4)

After paragraph (f) insert:

             (fa)            a quorum of the assembly will consist of 52 members; and

Section 13(4)(g)

After "members" insert:

             present at a meeting

Section 13(4)(h)

After "member" insert:

             present at a meeting

 

Amendment to amendment

Ms Chapman moved to amend the amendment by deleting "52 members" and substituting:

“35 members, at least 10 of whom must be members of the Legislative Council and at least 10 of whom must be members of the House of Assembly.”

 

Mr Rau moved to amend the amendment by deleting the proposed new paragraph (fa) and substituting:

“(fa) there is no requirement for all Members of both Houses of Parliament to be present at a meeting of the assembly; and”

 

Question – That the amendment moved by Mr Rau to the Attorney-General’s amendment be agreed to – put and passed.

Question – That the amendment as amended be agreed to – put and passed.

 

Mr Hanna moved on page 4, from line 15, to leave out the words:

‘Delete “Her Majesty, Queen Elizabeth the Second, Her” and substitute:

                    [insert title of the Sovereign, His/Her]’

 

and insert:

 

‘Delete the oath appearing in quotation marks and substitute:

“I,                , swear that I will faithfully serve the people of South Australia and advance their welfare and the peace, order and good government of the State. So help me God!” ‘

 

Amendment withdrawn

Amendment, by leave, withdrawn.

 

Clause No 2, as amended, agreed to.

New Clause No 3 inserted.

Title agreed to.

____________

 

         The House having resumed:

Hon R B Such reported that the Committee had considered the Bill referred to it and had agreed to the same with amendments.

 

Bill read a third time and passed.

 

27      Criminal Law Consolidation (Self Defence) 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 Mrs Redmond, that the debate be further adjourned until tomorrow.

 

28      Adjournment

House adjourned at 11.37 pm until tomorrow at 10.30 am.

 

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MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

            For Thursday 15 May 2003

 

Notice of Motion:  Other Motions -

 

Mr Scalzi to move – That this House congratulates the Federal Government for increasing funding to South Australian Public Schools by 5.3 percent, a $9.7 million increase and calls on this Government to honour its pre-election promise to prioritise education and increase funding in its Budget by the same percentage.

 

            For Wednesday 28 May 2003

 

Notices of Motion:  Private Members Business Bills/Committees/Regulations -

 

Mr Hanna to move – That the Regulations under the Construction Industry Long Service Leave Act 1987 entitled Long Service Leave made on 27 February 2003 and laid on the table of this House on 25 March  2003, be disallowed.

 

Mr Hanna to move – That the Regulations under the Water Resources Act 1997 entitled Entitled Marne River, Saunders Creek made on 20 March 2003 and laid on the table of this House on 25 March 2003, be disallowed.

 

Mr Hanna to move – That the Rules made by the Local Government Superannuation Board under the Local Government Act 1999 entitled Allocated Pensions, made on 28 January 2003 and laid on the table of this House on 25 March, be disallowed.

 

Mr Hanna to move – That By-law No 3 entitled Council Land for the Clare and Gilbert Valleys Council made on 17 March 2003 under the Local Government Act 1999 and laid on the table of this House on 27 March 2003, be disallowed.

 

Mr Hanna to move – That By-law No 4 entitled Fire Prevention for the Clare and Gilbert Valleys Council made on 17 March 2003 under the Local Government Act 1999 and laid on the table of this House on 27 March 2003, be disallowed.

 

Mr Hanna to move – That By-law No 5 entitled Animals and Birds for the Clare and Gilbert Valleys Council made on 17 March 2003 under the Local Government Act 1999 and laid on the table of this House on 27 March 2003, be disallowed.

 

            For Thursday 29 May 2003

 

Notice of Motion:  Other Motions -

 

Mr Hamilton-Smith to move – That this House congratulates the Deputy Chief Executive and General Manager of Marketing of the South Australian Tourism Commission, Andrew McEvoy, on his recent appointment to the senior management position of Executive General Manager – Western Hemisphere of the Australian Tourism Commission.

 

            For Thursday 5 June 2003

 

Notice of Motion:  Other Motions -

 

Mr Hamilton-Smith to move – That this House notes the Government’s intention to implement the previous former Liberal Government’s election policy to expand the Thebarton Biosciences Precinct by purchasing the 4.8 hectare site identified and initially negotiated by the previous Government  and calls on this Government to reinstate the remainder of the former Government’s Innovation Policy and in particular, the reinstatement of the $40.5 million innovation fund for attracting biotech opportunities to South Australia.

 

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Present during the day - All Members except Mr Brokenshire.

 

 

 

 

 

                                                                                                                        Peter Lewis

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY