No 73

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

TUESDAY 27 MAY 2003

 

 

1       Meeting of House

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

 

2        Messages from the Governor

The following Messages from the Governor were received and read:

 

Assent to Bill                                                                              Message No 19

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 second Session of the 50th Parliament, viz –

No. 3 of 2003                An Act to amend the Water Resources Act 1997.

Government House, 27 May 2003                                       M Jackson-Nelson, GOVERNOR

 

Appropriation Bill 2003 - Recommending                                   Message No 20

The Governor recommends to the House of Assembly the appropriation of such amounts of money as may be required for the purposes mentioned in the Appropriation Bill 2003.

Government House, 27 May 2003                                       M Jackson-Nelson, GOVERNOR

 

3       Petition No 117

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

 

117 Mr Hamilton-Smith, from 348 residents of South Australia, requesting the House to urge the Government to respect the written promise made by the previous Minister for Education to include Colonel Light Gardens Primary School in the 2003-2004 Capital Investment Program with an estimated cost of $2.8 million.

 

4       Answers to questions

Answers to questions without notice were tabled by the Speaker.

 

5       Papers

         The following Papers were tabled:

 

By the Treasurer (Hon K O Foley) –

      Regulations under the following Acts –

                  Public Corporations –

                        Land Management Corporation Variation

                        Transmission Lessor Corporation

 

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

      Rules of Court –

                  District Court – Rules – Legal Representation

 

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

      Regulations under the following Acts –

                  Liquor Licensing Act – Long Term Dry Areas –

                        Goolwa Skate Park

                        Mannum

 

By the Minister for Health (Hon L Stevens) –

      Medical Board of South Australia – Report 2001-2002

 

By the Minister for Education and Children’s Services (Hon P L White) –

      Regulations under the following Acts –

                  Children’s Services –Baby Sitting Agencies Variation

 

By the Minister for Transport (Hon M J Wright) –

      South Australian Marine Spill Contingency Action Plan

 

By the Minister for Recreation, Sport and Racing (Hon M J Wright) –

      South Australian Sports Institute - 2002 Awards.

 

6       Environment, Resources and Development Committee – 48th Report – Urban Growth Boundary

Ms Breuer brought up the Urban Growth Boundary Report.

Report received.

Ordered to be published (Paper No 209).

 

7       Questions

Questions without notice were asked.

 

8       Grievance debate

On motion of the Speaker, the House noted grievances.

 

9       Statutes Amendment (Water Conservation Practices) Bill

The Minister for Environment and Conservation (Hon J D Hill), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Water Resources Act 1997 and the Waterworks Act 1932.

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 Mr Meier, that the debate be adjourned until tomorrow.

 

10      Shop Trading Hours (Miscellaneous) Amendment Bill

The Minister for Industrial Relations (Hon M J Wright), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Shop Trading Hours Act 1977 and to make related amendments to the Retail and Commercial Leases Act 1995.

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 Mr Meier, that the debate be adjourned and resumed on motion.

 

11      Gaming Machines (Roosters Club Incorporated Licence) Amendment Bill

The Minister for Gambling (Hon J W Weatherill), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Gaming Machines Act 1992.

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 Mr Brokenshire, that the debate be adjourned and resumed on motion.

 

 

12      Suspension of Standing Orders

The Minister for Gambling, without notice, moved - That Standing Orders be so far suspended as to enable the Shop Trading Hours (Miscellaneous) Amendment Bill and Gaming Machines (Roosters Club Incorporated Licence) Amendment Bill to pass through all stages without delay.

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

 

13      Gaming Machines (Roosters Club Incorporated Licence) Amendment Bill

Ordered - That the adjourned debate on the question - That this Bill be now read a second time - be now resumed.

 

Rescission of Leave

The Minister for Infrastructure (Hon P F Conlon), moved – That the leave granted by the House to the Minister to insert the second reading explanation be rescinded.

Question put and passed.

 

The Minister for Gambling, proceeded with his motion – That this Bill be now read a second time.

Debate ensued.

         Question put and passed.

 

         Bill read a second time.

 

In Committee

Clauses Nos 1 to 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.

 

14      Statutes Amendment (Road Safety Reforms) Bill

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

 

In Committee

Resolved – That the disagreement to the amendments of the Legislative Council be insisted on.

 

____________

 

         The House having resumed:

Hon R B Such 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.

 

Conference – Statutes Amendment (Road Safety Reforms) Bill

The Minister for Transport, 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 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 Hon M J Atkinson, Hon M R Buckby, Mr Goldsworthy, Hon R B Such and the mover be Managers of the Conference on the part of this House.

Question put and passed.

 

 

 

15      Shop Trading Hours (Miscellaneous) Amendment Bill

Ordered - That the adjourned debate on the question - That this Bill be now read a second time - be now resumed.

Debate resumed.

Ordered, on motion of Mr Hamilton-Smith, by leave, that the debate be further adjourned and resumed on motion.

 

16      Extension of time for adjournment

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

 

17      Shop Trading Hours (Miscellaneous) Amendment Bill

Ordered - That the adjourned debate on the question - That this Bill be now read a second time - be now resumed.

Debate resumed.

 

18      Suspension of Standing Orders

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

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

 

19      Shop Trading Hours (Miscellaneous) Amendment Bill

Debate (interrupted by the foregoing) resumed.

 

 

____________

 

It being Midnight

WEDNESDAY 28 MAY

____________

 

 

         Question put and passed.

 

         Bill read a second time.

 

In Committee

Clauses Nos 1 to 5, 5A and 6 agreed to.

Clause No 7 read.

 

Hon I F Evans moved, on page 7, lines 23 and 24, to leave out “or, for that purpose remove” and insert:

, or take away a copy of

Question – That the amendment be agreed to – put.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

         Committee divided (No 1):

 

           Ayes, 18

 

           Noes, 20

Mr Brindal

Hon M J Atkinson

Mr Brokenshire

Ms Bedford

Hon M R Buckby

Ms Breuer

Ms Chapman

Mr Caica

Mr Goldsworthy

Ms Ciccarello

Hon G M Gunn

Hon P F Conlon

Mrs Hall

Mrs Geraghty

Mr Hamilton-Smith

Hon S W Key

Hon I P Lewis

Mr Koutsantonis

Ms Maywald

Hon J D Lomax-Smith

Dr McFetridge

Hon R J McEwen

Mr Meier

Mr O'Brien

Mrs Penfold

Ms Rankine

Mrs Redmond

Mr Rau

Mr Scalzi

Mr Snelling

Mr Venning

Hon L Stevens

Mr Williams

Ms Thompson

Hon I F Evans (Teller)

Hon J W Weatherill

 

Hon P L White

 

Hon M J Wright (Teller)

 

         So it passed in the negative.

 

Hon I F Evans moved, on page 8, after line 15, to insert:

(6) A person is not obliged to provide any bank statements under this section.

Question – That the amendment be agreed to – put.

 

         Committee divided (No 2):

 

           Ayes, 18

 

           Noes, 20

Mr Brindal

Hon M J Atkinson

Mr Brokenshire

Ms Bedford

Hon M R Buckby

Ms Breuer

Ms Chapman

Mr Caica

Mr Goldsworthy

Ms Ciccarello

Hon G M Gunn

Hon P F Conlon

Mrs Hall

Mrs Geraghty

Mr Hamilton-Smith

Hon S W Key

Hon I P Lewis

Mr Koutsantonis

Ms Maywald

Hon J D Lomax-Smith

Dr McFetridge

Hon R J McEwen

Mr Meier

Mr O'Brien

Mrs Penfold

Ms Rankine

Mrs Redmond

Mr Rau

Mr Scalzi

Mr Snelling

Mr Venning

Hon L Stevens

Mr Williams

Ms Thompson

Hon I F Evans (Teller)

Hon J W Weatherill

 

Hon P L White

 

Hon M J Wright (Teller)

 

         So it passed in the negative.

 

Clause agreed to.

 

Hon G M Gunn moved on page 8, after line 15, to insert new clause No 7A as follows:

                Insertion of section 8A

                      7A.   After section 8 insert:

 

                      Offences by Inspectors

 

                                   8A.         An Inspector, or a person assisting an Inspector, who –

                                                

(a)               addresses offensive language to any person; or

(b)               without lawful authority, hinders or obstructs or uses or threatens to use force in relation to any other person,

 

is guilty of an offence.

Maximum penalty: $5000.

 

Question – That new clause No 7A be inserted – put and negatived.

Clauses Nos 8 to 10 agreed to.

Clause No 11 read.

 

Hon I F Evans moved, on page 9, lines 10 to 15, leave out paragraph (c) and insert:

                (c)   from 11.00 a.m. to 5.00 p.m.

                      (i)          on each of the 9 Sundays immediately preceding Christmas day 2003; and

                      (ii)         on 28 December 2003.

 

Question – That the amendment be agreed to – put.

 

         Committee divided (No 3):

 

           Ayes, 18

 

           Noes, 20

Mr Brindal

Hon M J Atkinson

Mr Brokenshire

Ms Bedford

Hon M R Buckby

Ms Breuer

Ms Chapman

Mr Caica

Mr Goldsworthy

Ms Ciccarello

Hon G M Gunn

Hon P F Conlon

Mrs Hall

Mrs Geraghty

Mr Hamilton-Smith

Hon S W Key

Hon I P Lewis

Mr Koutsantonis

Ms Maywald

Hon J D Lomax-Smith

Dr McFetridge

Hon R J McEwen

Mr Meier

Mr O'Brien

Mrs Penfold

Ms Rankine

Mrs Redmond

Mr Rau

Mr Scalzi

Mr Snelling

Mr Venning

Hon L Stevens

Mr Williams

Ms Thompson

Hon I F Evans (Teller)

Hon J W Weatherill

 

Hon P L White

 

Hon M J Wright (Teller)

 

         So it passed in the negative.

 

Hon I F Evans moved on page 9, lines 21 to 29, leave out subclauses (3), (4), (5), (6) and (7) and insert:

 

                (3) Section 13(5a), (5b), (5c) and (5d)—delete subsections (5a), (5b), (5c) and (5d) and substitute:

 

                                   (5a) Subject to this section, the shopkeeper of a shop situated in a shopping district the business of which is solely or predominantly—

 

                                   (a)           the retail sale of boats; or

 

                                   (b)          the retail sale of motor vehicles (other than caravans or trailers),

 

                      may open the shop during the relevant periods determined under subsection (5b).

 

                                   (5b) The periods that apply under subsection (5a) in respect of the opening of a shop will be periods determined on a 5-yearly basis in accordance with the following scheme:

 

                                   (a)           until 30 June 2008, the periods that apply in respect of both categories of business referred to in subsection (5a) will be as follows:

 

                                                 (i)         until 6.00 p.m. on a Monday, Tuesday and Wednesday; and

 

(ii)                until 9.00 p.m. on a Thursday and Friday; and

 

                                                 (iii)       until 5.00 p.m. on a Saturday;

 

                                   (b)          for each ensuing period of 5 years, in respect of the 2 categories of business referred to in subsection (5a) (which must be dealt with separately), an industry association or other body approved or specified by the Minister by notice in the Gazette at least 3 months before the commencement of the ensuing period must, in a manner approved or specified by the Minister, conduct a ballot of persons whose businesses fall into the relevant category to determine whether the shop trading hours that apply under this Act in respect of their category of business should be altered and, if so, what should be the new hours, and if the majority of persons who validly cast a vote in the ballot indicate agreement to change to a new set of shop trading hours for their category of business, then those new hours will determine the periods that are to apply for the ensuing 5‑year period but otherwise the periods will remain unchanged for the ensuing 5-year period.

 

                                   (5c) For the purposes of subsection (5b)(b)

 

                                   (a)           the same association or body may conduct both ballots (but the ballots must be conducted separately); and

 

                                   (b)          the Minister may, by notice in the Gazette, report the result of any ballot; and

 

                                   (c)           the Minister may, by notice published in the Gazette, make any necessary or ancillary provision in connection with a ballot.

 

                                   (5d) Nothing in subsection (1), (2) or (3) entitles the shopkeeper of a shop referred to in subsection (5a) that is situated in the Greater Adelaide Shopping District to open the shop for any additional hours under those subsections, or on a Sunday.

 

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

 

Clause agreed to.

Clauses Nos 12 to 16 agreed to.

Clause No 17 read.

 

Hon I F Evans moved on page 11, line 25, leave out "14 days" and insert:

                28 days

 

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

 

Clause agreed to.

Clauses Nos 18 and 19 agreed to.

Schedule read.

 

Hon I F Evans moved on page 13, after line 25, to insert new clause No 3a as follows:

 

Existing awards

                      3a. (1) The Industrial Relations Commission of South Australia (the "Commission") must conduct a review under Chapter 3 Part 3 Division 2 of the Industrial and Employees Relations Act 1994 (the "Act") of each award under that Act that provides for the remuneration of persons employed in a shop.

 

                      (2) A review under subclause (1)—

 

                      (a)         must be conducted by the Full Commission; and

 

                      (b)         must include a review of, and make fresh determinations in relation to—

 

                                   (i)            the appropriate spread of hours for ordinary time work over the period of a week, and over any other appropriate period (if relevant); and

 

                                   (ii)           the rates remuneration (including as to any penalties or loadings) payable to employees who work in a shop,

 

                                   and may include a review of any other matter that may, in the opinion of the Commission, be relevant on account of the provisions of this Act; and

 

                      (c)         must be completed by 31 May 2004 and take effect on 1 July 2004.

 

                      (3) In undertaking a review under subclause (1), the Commission must—

 

                      (a)         have regard to the desirability of maximising employment and economic efficiency within the retail industry in the State, including by—

 

                                   (i)            encouraging higher levels of employment in the retail industry; and

 

                                   (ii)           ensuring that labour costs are economically sustainable for businesses in the retail industry; and

 

                                   (iii)          providing a fair rate of remuneration for employees who work in the retail industry; and

 

                                   (iv)          enabling businesses in the retail industry to trade without the imposition of excessive costs for doing so; and

 

                                   (v)           promoting efficiency and productivity in the retail industry; and

 

                      (b)         give consideration to the nature of the labour market that works, or is likely to work, in the retail industry (including, but not limited to, work on Sundays); and

 

                      (c)         give consideration to the circumstances of the various kinds of businesses in the retail industry that may be open on Sundays, including the circumstances of small and medium sized businesses operated by the proprietors of the businesses or by members of their families; and

 

                      (d)         give consideration to the ordinary time penalty rates that apply in the other States, and in the Territories, for similar trading arrangements; and

 

                      (e)         give consideration to the desirability of including in the award a variety of options and flexible arrangements to assist in making Sunday trading worthwhile and viable; and

 

                      (f)          give consideration to any additional transitional arrangements that are appropriate in view of the operation of this Act,

 

                and the Commission may consider such other matters as the Commission thinks fit.

 

                      (4) Without limiting subclause (3), in undertaking a review under subclause (1), the Commission must use its best endeavours to ensure that it does not impose a cost structure within the retail industry—

 

                      (a)         that is economically unsustainable within the industry, or a significant part of it, especially taking into account the position of small and medium sized businesses; or

 

                      (b)         that has the effect of imposing unfair costs on small or medium sized businesses operated by proprietors who wish to trade on Sundays (especially those businesses where employees may be required to work on Sundays); or

 

                      (c)         that reduces the capacity of the proprietors of businesses, and in particular small and medium sized businesses, from employing staff to the maximum possible extent on Sundays; or

 

                      (d)         that has the effect of requiring the proprietors of small or medium sized businesses to work on Sundays themselves rather than employing staff on that day; or

 

                      (e)         that unduly diminishes the competitiveness of small or medium sized businesses that open on Sundays; or

 

                      (f)          that is higher for small or medium sized businesses than the cost structure that applies to larger sized businesses; or

 

                      (g)         that is likely to impact adversely on the price of goods or services purchased by customers within the retail industry.

 

(5) As part of a review, the Commission must give the parties to the award a reasonable opportunity to make submissions, and take those submissions into consideration, and may (as the Commission thinks fit) allow any other person with a relevant interest to appear and make submissions.

 

                      (6) In this clause—

 

                      "shop" means a shop within the meaning of the Shop Trading Hours Act 1977.

 

Question – That the amendment be agreed to – put.

 

         Committee divided (No 4):

 

           Ayes, 12

 

           Noes, 14

Ms Chapman

Hon M J Atkinson

Mr Hamilton-Smith

Ms Breuer

Hon I P Lewis

Mr Caica

Ms Maywald

Ms Ciccarello

Dr McFetridge

Mrs Geraghty

Mr Meier

Hon S W Key

Mrs Penfold

Mr Koutsantonis

Mrs Redmond

Hon R J McEwen

Mr Scalzi

Ms Rankine

Mr Venning

Mr Rau

Mr Williams

Mr Snelling

Hon I F Evans (Teller)

Ms Thompson

 

Hon J W Weatherill

 

Hon M J Wright (Teller)

 

         So it passed in the negative.

 

Schedule 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.

 

20      Adjournment

House adjourned at 3.42 am until today at 2.00 pm.

 

____________

 

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

            For Wednesday 28 May 2003

 

Notices 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 (Sentencing) Act 1988, the De Facto Relationships Act 1976, the Development Act 1993, the Environment, Resources and Development Court Act 1993, the Magistrates Act 1983, the Magistrates Court Act 1991, the Summary Procedure Act 1921 and the Supreme Court Act 1935; to make related amendments to various other Acts; and for other purposes.

 

The Attorney-General to move – That he have leave to introduce a Bill for an Act to amend the Expiation of Offences Act 1996, the Road Traffic Act 1961 and the Summary Procedure Act 1921.

 

The Attorney-General to move – That he have leave to introduce a Bill for an Act to make minor amendments of a statute law revision nature to various Acts and to repeal various Acts.

 

The Attorney-General to move – That he have leave to introduce a Bill for an Act to amend the Legal Practitioners Act 1981.

 

The Minister for Industrial Relations to move – That he have leave to introduce a Bill for an Act to amend the Occupational Health, Safety and Welfare Act 1986 and to make related amendments to the WorkCover Corporation Act 1994 and the Workers Rehabilitation and Compensation Act 1986.

 

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

 

Ms Bedford to move – That she have leave to introduce a Bill for an Act to amend the Parliament (Joint Services) Act 1985.

 

Ms Breuer to move – That the Forty Eighth Report of the Environment, Resources and Development Committee entitled Urban Growth Boundary be noted.

 

Mr Williams to move – That he have leave to introduce a Bill for an Act to amend the Pay-roll Tax Act 1971.

 

            For Thursday 29 May 2003

 

Notices of Motion:  Other Motions –

 

Ms Rankine to move – That this House congratulates the Salisbury Country Fire Service Brigade on 60 years of outstanding voluntary service to the people of the northern suburbs.

 

Ms Thompson to move – That this House congratulates the Premier and Minister for Volunteers, the Labor Government and the Volunteer Sector for developing a partnership agreement which formally recognises the valuable contribution of volunteers and provides a vision for the future of volunteering in South Australia.

 

 

 

____________

 

 

Present during the day - All Members except Hon D C Kotz, Mr Hanna.

 

 

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

 

         Division No 1 -

               Ayes - Hon D C Brown, Hon R G Kerin, Hon D C Kotz, Hon W A Matthew

               Noes - Mr Hanna, Hon M D Rann, Hon J D Hill, Hon K O Foley

 

         Division No 2 -

               Ayes - Hon D C Brown, Hon R G Kerin, Hon D C Kotz, Hon W A Matthew

               Noes - Mr Hanna, Hon M D Rann, Hon J D Hill, Hon K O Foley

 

         Division No 3 -

               Ayes - Hon D C Brown, Hon R G Kerin, Hon D C Kotz, Hon W A Matthew

               Noes - Mr Hanna, Hon M D Rann, Hon J D Hill, Hon K O Foley

 

         Division No 4 -

               Ayes - Hon D C Brown, Hon R G Kerin, Hon D C Kotz, Hon W A Matthew, Mr Brindal, Mr Brokenshire, Hon M R Buckby, Mr Goldsworthy, Hon G M Gunn, Mrs Hall

               Noes - Mr Hanna, Hon M D Rann, Hon J D Hill, Hon K O Foley, Ms Bedford, Hon J D Lomax-Smith, Mr O’Brien, Hon L Stevens, Hon P L White, Hon P F Conlon.

 

 

 

 

 

 

                                                                                                                        Peter Lewis

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY