No 70

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

WEDNESDAY 14 SEPTEMBER 2005

 

 

1       Meeting of House

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

 

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

The Minister for Transport (Hon P F Conlon), moved - That the sitting of the House be continued during the Conference with the Legislative Council on the Statutes Amendment and Repeal (Aggravated Offences) Bill.

Question put and passed.

 

3       Petition No 99

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

 

99   The Minister for Agriculture, Food and Fisheries (Hon R J McEwen), from 4873 residents of South Australia, requesting the House to urge the Minister for Environment and Conservation to allow long term tenure and transfer rights of Glenelg River Shacks at Donovan’s, Dry Creek and Reed Bed, providing owners can meet State Government environmental, building and other requirements.

 

4       Papers

         The Speaker laid on the Table the following paper:

 

      House of Assembly Members Annual Travel Report 2004-2005 – Erratum.

 

         The following Paper was tabled:

 

By the Minister for Energy (Hon P F Conlon) –

      ETSA Utilities - Preliminary Report on Wind and Lightning Storm 29 – 31 August 2005.

 

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

 

Twenty Fourth Report

Mr Hanna brought up the 24th Report of the Committee.

Report received.

 

Twenty Fifth Report

Mr Hanna brought up the 25th Report of the Committee.

Report received and read as follows:

 

The Regulation listed hereunder is at present being considered by the Legislative Review Committee. Evidence is being taken and it is necessary for a Notice 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 Regulation, the Committee may decide to take no further action.

 

Regulation referred to:

Valuation of Land Act 1971 – Valuation Roll Fees.

 

6       Questions

Questions without notice were asked.

 

         Member named

The Speaker named the Member for Mawson (Mr Brokenshire), for refusing to accept the authority of the Chair.

 

Member's explanation

The Honourable Member having made an explanation:

The Minister for Transport (Hon P F Conlon) moved - That the explanation not be accepted.

Debate ensued.

 

         Question put.

         House divided:

 

           Ayes, 26

           Noes, 19

 

Hon M J Atkinson

Mr Brindal

Ms Bedford

Mr Brokenshire

Ms Breuer

Hon M R Buckby

Mr Caica

Ms Chapman

Ms Ciccarello

Hon I F Evans

Hon K O Foley

Mr Goldsworthy

Mrs Geraghty

Mrs Hall

Mr Hanna

Mr Hamilton-Smith

Hon J D Hill

Hon R G Kerin

Hon S W Key

Hon D C Kotz

Mr Koutsantonis

Hon W A Matthew

Hon J D Lomax-Smith

Dr McFetridge

Hon I P Lewis

Mr Meier

Hon K A Maywald

Mrs Penfold

Hon R J McEwen

Mrs Redmond

Mr O'Brien

Mr Scalzi

Ms Rankine

Mr Venning

Hon M D Rann

Mr Williams

Mr Rau

Hon D C Brown(Teller)

Mr Snelling

 

Hon L Stevens

 

Ms Thompson

 

Hon J W Weatherill

 

Hon P L White

 

Hon M J Wright

 

Hon P F Conlon (Teller)

 

 

         So it was resolved in the affirmative.

 

The Member for Mawson then withdrew from the Chamber.

 

Member suspended

The Minister for Transport moved - That the Member for Mawson be suspended from the service of the House.

Question put and passed.

 

         Questions

Questions without notice (interrupted by the foregoing) resumed.

 

7       Grievance debate

On motion of the Speaker, the House noted grievances.

 

 

 

 

8       Natural Resources Committee - Leave to sit

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

Question put and passed.

 

9       Postponement of business

Ordered, severally - That Notices of Motion: Private Members Bills/Committees/Regulations Nos 1 and 2 be postponed until Wednesday 21 September.

 

10      Public Works Committee - Report – Port Augusta Courts Building Redevelopment - Motion to note

Mr Caica, pursuant to notice, moved - That the 214th Report of the Public Works Committee on the Port Augusta Courts Building Redevelopment be noted.

Question put and passed.

 

11      Public Works Committee - Report – Port River Expressway Stages 2 and 3 – Road and Rail Bridges over the Port River - Motion to note

Mr Caica, pursuant to notice, moved - That the 215th Report of the Public Works Committee on the Port River Expressway Stages 2 and 3 – Road and Rail Bridges over the Port River be noted.

Debate ensued.

Question put and passed.

 

12      Public Works Committee - Report – Gilles Plains TAFE Redevelopment of the Veterinary and Applied Science Centre - Motion to note

Mr Caica, pursuant to notice, moved - That the 216th Report of the Public Works Committee on the Gilles Plains TAFE Redevelopment of the Veterinary and Applied Science Centre be noted.

Question put and passed.

 

13      Crown Lands (Glenelg River Shack Sites) Amendment Bill

The Minister for Agriculture, Food and Fisheries (Hon R J McEwen), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Crown Lands Act 1929.

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 Mrs Geraghty, that the debate be adjourned until Wednesday 19 October.

 

14      Criminal Law Consolidation (Paedophilia) Amendment Bill

Mr Brindal, 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.

 

         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 21 September.

 

15      Economic and Finance Committee - Report – School Bus Contracts - Motion to note

Ms Thompson, pursuant to notice, moved - That the 53rd Report of the Economic and Finance Committee on School Bus Contracts be noted.

Ordered, on the motion of Mr Meier, that the debate be adjourned until Wednesday 21 September.

 

16      Postponement of business

Ordered - That Notice of Motion: Private Members Bills/Committees/Regulations No 9 be postponed until Wednesday 21 September.

 

 

17      Waterworks (Water Management Measures – Use of Rainwater) Amendment Bill

Mr Brindal, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Waterworks Act 1932 and to make a related amendment to the Sewerage Act 1929.

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 Ms Ciccarello, that the debate be adjourned until Wednesday 21 September.

 

18      Postponement of business

Ordered - That Notice of Motion: Private Members Bills/Committees/Regulations No 11 be postponed until Wednesday 21 September.

 

19      Sewerage (Water Management Measures – Use of Waste Material) Amendment Bill

Mr Brindal, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Sewerage Act 1929.

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 21 September.

 

20      Public Works Committee - Report – Eyre Peninsula Water Supply Upgrade - Motion to note

Mr Caica, pursuant to notice, moved - That the 217th Report of the Public Works Committee on the Eyre Peninsula Water Supply Upgrade be noted.

Debate ensued.

 

 

The time for consideration of Private Members Bills/ Committees/ Regulations having expired, the motion was adjourned (Mrs Penfold, by leave) and made an Order of the Day for Wednesday 21 September. 

 

 

21      Road Traffic (Drug Driving) Amendment Bill

The Minister for Transport (Hon P F Conlon), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Road Traffic Act 1961; and to make related amendments to other Acts.

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 I F Evans, that the debate be adjourned until tomorrow.

 

22      Victoria Square Bill

The Minister for Transport, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to provide for the construction and operation of a Tramline in Victoria Square; to provide for the designation of certain land within Victoria Square as park land; to make a related amendment to the Passenger Transport Act 1994; and for other purposes.

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 I F Evans, that the debate be adjourned until tomorrow.

 

 

 

 

23      Paper

         The following Paper was tabled:

 

         By the Minister for Transport –

               Victoria Square – Tramline Corridor Map.

 

24      Local Government (Lochiel Park Lands) Amendment Bill

The Minister for Infrastructure (Hon P F Conlon), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Local Government Act 1999.

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 I F Evans, that the debate be adjourned until tomorrow.

 

25      Collections for Charitable Purposes (Miscellaneous) Amendment Bill

The Minister for Families and Communities (Hon J W Weatherill), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Collections for Charitable Purposes Act 1939.

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 I F Evans, that the debate be adjourned until tomorrow.

 

26      Carers Recognition Bill

The Minister for Families and Communities, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to provide for the recognition of carers; and for other purposes.

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 I F Evans, that the debate be adjourned until tomorrow.

 

27      Liquor Licensing (Exemption for Tertiary Institutions) Amendments Bill

The Minister for Consumer Affairs (Hon K A Maywald), pursuant to notice, moved - That she have leave to introduce a Bill for an Act to amend the Liquor Licensing Act 1997.

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 I F Evans, that the debate be adjourned until tomorrow.

 

28      Postponement of business

Ordered, severally - That Orders of the Day: Government Business Nos 1 to 3 be postponed and taken into consideration after Order of the Day: Government Business No 4.

 

29      Superannuation Funds Management Corporation of South Australia (Miscellaneous) 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.

 

 

30      Local Government (Financial Management and Rating) Amendment Bill

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

 

In Committee

Clause No 25 further considered, amended and agreed to.

New clause No 25A inserted.

Clause No 26 amended and agreed to.

Clause No 27 agreed to.

New clause No 27A inserted.

Clauses Nos 28 and 29 agreed to.

Schedule No 1 amended and agreed to.

Title agreed to.

 

____________

 

         The House having resumed:

Mr Snelling 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.

 

31      Justices of the Peace 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 and 2 agreed to.

Clause No 3 postponed.

Clause No 4 agreed to.

Clause No 5 amended and agreed to.

Clause No 6 agreed to.

Clause No 7 amended and agreed to.

Clause No 8 agreed to.

New clause No 8A inserted.

Clause No 3 left out.

Clauses Nos 9 to 17 agreed to.

Schedule No 1 agreed to.

Schedule No 2 amended and agreed to.

Title agreed to.

 

____________

 

         The House having resumed:

Mr Snelling 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.

 

32      Adjournment

The Attorney-General (Hon M J Atkinson), moved - That the House do now adjourn.

Debate ensued.

Question put and passed.

House adjourned at 9.45 pm until tomorrow at 10.30 am.

 

____________

 

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

            For Thursday 15 September 2005  

 

Notices of Motion: Government Business -

 

The Treasurer to move – That he have leave to introduce a Bill for an Act to amend the Mining Act 1971.

 

The Minister for the Ageing to move – That he have leave to introduce a Bill for an Act to amend the Retirement Villages Act 1987.

 

 

            For Wednesday 21 September 2005  

 

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

 

Mr Hanna to move – That the Regulations made under the Valuation of Land Act 1971 entitled Valuation Roll Fees, made on 26 May and laid on the Table of this House on 31 May, be disallowed.

 

 

            For Thursday 22 September 2005  

 

Notice of Motion: Other Motions -

 

Mr Brokenshire to move – That this House assigns a special sitting day to receive submissions from peak associations representing petrol consumers and oil producers followed by a debate to work through solutions that address the spiraling cost of fuel in South Australia.

 

 

____________

 

 

Present during the day - All Members except Hon G M Gunn.

 

 

 

 

 

                                                                                                                        Hon R B Such

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY