No 74

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

WEDNESDAY 21 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 Health (Hon L Stevens), 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 101

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

 

101 The Minister for Agriculture, Food and Fisheries (Hon R J McEwen), from 22 residents of Victoria, 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       Public Works Committee - Report – Lochiel Park Green Village Development

Mr Caica brought up the 227th Report of the Public Works Committee on the Lochiel Park Green Village Development.

Report received.

Ordered to be published (Paper No 222).

 

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

 

Twenty Sixth Report

Mr Hanna brought up the 26th Report of the Committee.

Report received.

 

Twenty Seventh Report

Mr Hanna brought up the 27th Report of the Committee.

Report received and read as follows:

 

The Regulations listed hereunder are 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 Regulations, the Committee may decide to take no further action.

 

Regulations referred to:

Controlled Substance Act 1995 – Poisons

Coroners Act 2003 – Reportable Death.

 

6       Questions

Questions without notice were asked.

 

7       Grievance debate

On motion of the Speaker, the House noted grievances.

 

8       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.

 

9       Postponement of business

Ordered, severally - That Orders of the Day: Private Members Bills/Committees/Regulations Nos 1 to 3 be postponed until Wednesday 19 October.

 

10      Postponement of business

Ordered, severally - That Orders of the Day: Private Members Bills/Committees/Regulations Nos 4 and 5 be postponed and taken into consideration after Order of the Day:  Private Members Bills/Committees/Regulations No 6.

 

11      Public Works Committee - Report – Salisbury North Urban Improvement Project - Motion to note

Mr Caica, pursuant to notice, moved - That the 218th Report of the Public Works Committee on the Salisbury North Urban Improvement Project, be noted.

Question put and passed.

 

12      Postponement of business

Ordered, severally - That Orders of the Day: Private Members Bills/Committees/Regulations Nos 4 and 5 be postponed and taken into consideration after Order of the Day:  Private Members Bills/Committees/Regulations No 7.

 

13           Public Works Committee - Report – Edinburgh Parks Wyatt Road – Stage 1 Construction - Motion to note

Mr Caica, pursuant to notice, moved - That the 219th Report of the Public Works Committee on the Edinburgh Parks Wyatt Road – Stage 1 Construction, be noted.

Ordered, on the motion of Hon I P Lewis, that the debate be adjourned until Wednesday 19 October.

 

14      Natural Resources Management (Use of Recycled Water) Amendment Bill

Mr Brindal, having by leave amended his motion of which notice was given, moved - That he have leave to introduce a Bill for an Act to amend the Natural Resources Act 2004.

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 19 October.

 

15      Statutes Amendment (Reuse of Water) Bill

Mr Brindal, having by leave amended his motion of which notice was given, moved - That he have leave to introduce a Bill for an Act to amend the Natural Resources Management Act 2004, the Public and Environment Health Act 1987 and 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 19 October.

 

16      Public Works Committee - Report – North Terrace Redevelopment – Stage 2 - Motion to note

Mr Caica, pursuant to notice, moved - That the 220th Report of the Public Works Committee on the North Terrace Redevelopment – Stage 2 be noted.

Ordered, on the motion of Hon I P Lewis, that the debate be adjourned until Wednesday 19 October.

 

17      Public Works Committee - Report – Strathmont Centre Redevelopment and Community Living Project - Motion to note

Mr Caica, pursuant to notice, moved - That the 221st Report of the Public Works Committee on the Strathmont Centre Redevelopment and Community Living Project be noted.

Ordered, on the motion of Hon I P Lewis, that the debate be adjourned until Wednesday 19 October.

 

18      Public Works Committee - Report – Routine Maintenance of Roads – Metropolitan North, Mid-North, Eyre/Flinders and Riverland - Motion to note

Mr Caica, pursuant to notice, moved - That the 222nd Report of the Public Works Committee on the Routine Maintenance of Roads – Metropolitan North, Mid-North, Eyre/Flinders and Riverland, be noted.

Ordered, on the motion of Hon I P Lewis, that the debate be adjourned until Wednesday 19 October.

 

19      Public Works Committee - Report – Largs North Marine Industrial Precinct - Motion to note

Mr Caica, pursuant to notice, moved - That the 223rd Report of the Public Works Committee on the Largs North Marine Industrial Precinct, be noted.

Ordered, on the motion of Hon I P Lewis, that the debate be adjourned until Wednesday 19 October.

 

20      Public Works Committee - Report – Modification to the River Murray Locks and Weirs 1 – 6 and Construction of a Fish Passage - Motion to note

Mr Caica, pursuant to notice, moved - That the 224th Report of the Public Works Committee on the Modification to the River Murray Locks and Weirs 1 – 6 and Construction of a Fish Passage, be noted.

Debate ensued.

Ordered, on the motion of Hon I P Lewis, that the debate be adjourned until Wednesday 19 October.

 

21      Protection of Public Participation Bill

Mr Hanna, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to encourage participation in public debate, and dissuade persons and corporations from bringing or maintaining legal proceedings or claims for an improper purpose.

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 Hon I P Lewis, that the debate be adjourned until Wednesday 9 November.

 

22      Environment, Resources and Development Committee - Report – Marine Protected Areas - Motion to note

Ms Breuer, pursuant to notice, moved - That the 54th Report of the Environment, Resources and Development Committee on Marine Protected Areas, be noted.

Ordered, on the motion of Hon I P Lewis, that the debate be adjourned until Wednesday 19 October.

 

 

 

 

 

23      Public Works Committee - Report – Wilunga Primary School Redevelopment - Motion to note

Mr Caica, pursuant to notice, moved - That the 225th Report of the Public Works Committee on the Wilunga Primary School Redevelopment, be noted.

Question put and passed.

 

24      Public Works Committee - Report – Port Elliot Primary School and Kindergarten Relocation - Motion to note

Mr Caica, pursuant to notice, moved - That the 226th Report of the Public Works Committee on the Port Elliot Primary School and Kindergarten Relocation, be noted.

Debate ensued.

 

 

The time for consideration of Private Members Bills/ Committees/ Regulations having expired, the debate was adjourned (Hon I P Lewis, by leave), and made an Order of the Day for Wednesday 19 October. 

 

 

25      Controlled Substance (Serious Drug Offences) Amendment Bill

The Attorney-General (Hon M J Atkinson), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Controlled Substances Act 1984; and to make amendments to the Correctional Services Act 1982,  the Criminal Assets Confiscation Act 2005, the Criminal Law (Sentencing) Act 1988 and the Listening and Surveillance Devices Act 1972.

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.

 

26      Extension of sitting

The Minister for Families and Communities, (Hon J W Weatherill), moved - That the sitting of the House be extended beyond 6.00 pm.

Question put.

 

         Division, only one Noe

The House proceeded to a division, but only one Member appearing on the side of the Noes, the Speaker declared the Ayes had it.

So it was resolved in the affirmative.

 

27      Postponement of business

The Attorney-General, moved - That Orders of the Day: Government Business Nos 1 to 4 be postponed and taken into consideration after Order of the Day: Government Business No 5.

Question put.

 

         Division, only one Noe

The House proceeded to a division, but only one Member appearing on the side of the Noes, the Speaker declared the Ayes had it.

So it was resolved in the affirmative.

 

28      Public Finance and Audit (Auditor-General’s Powers) Amendment Bill

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

The Treasurer, moved – That the Bill be discharged.

Debate ensued.

Question put.

 

 

 

 

 

         House divided (No 1):

 

           Ayes, 18

           Noes, 16

 

Hon M J Atkinson

Hon D C Brown

Ms Bedford

Ms Chapman

Ms Breuer

Hon I F Evans

Mr Caica

Mr Goldsworthy

Ms Ciccarello

Hon G M Gunn

Mrs Geraghty

Mr Hamilton-Smith

Hon S W Key

Mr Hanna

Mr Koutsantonis

Hon W A Matthew

Mr O'Brien

Dr McFetridge

Ms Rankine

Mr Meier

Hon M D Rann

Mrs Penfold

Mr Rau

Mrs Redmond

Mr Snelling

Mr Scalzi

Hon L Stevens

Mr Venning

Ms Thompson

Mr Williams

Hon P L White

Hon I P Lewis (Teller)

Hon M J Wright

 

Hon K O Foley (Teller)

 

 

         So it was resolved in the affirmative.

 

29      Postponement of business

The Attorney-General, moved - That Orders of the Day: Government Business Nos 1 and 2 be postponed and taken into consideration after Order of the Day: Government Business No 3.

Question put.

 

         Division, only one Noe

The House proceeded to a division, but only one Member appearing on the side of the Noes, the Speaker declared the Ayes had it.

So it was resolved in the affirmative.

 

30      Suspension and resumption of sitting

         At 6.38 pm the sitting of the House was suspended.

         At 7.30 pm the Speaker resumed the Chair.

 

31      Guardianship and Administration (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.

 

In Committee

Clauses Nos 1 to 11 agreed to.

Title agreed to.

 

____________

 

         The House having resumed:

Ms Thompson reported that the Committee had considered the Bill referred to it and had agreed to the same without amendment.

 

The Attorney-General moved - That this Bill be now read a third time.

Debate ensued.

Question put and passed.

 

         Bill read a third time and passed.

 

 

32      Speaker’s Ruling – Natural Resources Management (Use of Recycled Water) Amendment Bill - Bill Out of Order

The Speaker, in ruling the Bill out of order, made the following statement:

I have examined this Bill and note that clause 3 contains a provision intending to declare a levy. This makes it a Money Bill.

Standing Order 232 says in part  “a Bill which … imposes a tax, rate or duty …. is introduced by a Minister.”

I therefore rule that the Natural Resources Management (Use of Recycled Water) Amendment Bill is a Money Bill which cannot be introduced by a private Member and direct that it be withdrawn from the Notice Paper.

 

33      Messages from the Legislative Council

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

 

         Correctional Services (Parole) Amendment Bill                                     Message No 90

MR SPEAKER - The Legislative Council, having considered the recommendations from the Conference on the Correctional Services (Parole) Amendment Bill, has agreed thereto.

         Legislative Council, 20 September 2005                                          R R Roberts, PRESIDENT

 

         Statutes Amendment (Intervention Programs and Sentencing Procedures) Bill                                                          Message No 91

MR SPEAKER - The Legislative Council, has passed the Bill transmitted herewith, titled an Act to amend the Bail Act 1985, the Criminal Law (Sentencing) Act 1988, the District Court Act 1991, the Magistrates Court Act 1991 and the Supreme Court Act 1935, to which it desires the concurrence of the House of Assembly.

         Legislative Council, 20 September 2005                                          R R Roberts, PRESIDENT

 

         Bill read a first time.

 

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

 

34      Adjournment

House adjourned at 9.18 pm until tomorrow at 10.30 am.

 

 

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MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

 

CONTINGENT NOTICE OF MOTION

 

Contingently on the Order of the Day being read, Mr Venning to move – That it be an instruction to the Committee of the whole House on the Bill that it have power to consider new clauses relating to the amendment of the Criminal Law (Forensic Procedures) Act 1998 and to make further amendments to the Road Traffic Act 1961 relating to drug testing.

 

 

            For Thursday 22 September 2005

 

Notice of Motion: Other Motions -

 

Mr Brindal to move – That it be an instruction to this House that,  where an innovation to procedure is proposed by a Member, the precedents of this House must be considered as reason for refusal by the Chair.

 

 

 

Mrs Penfold to move – That this House requests the Government –

(a)           make an ex gratia payment to Kevin Warren of Eyreial Ag Services for expenses incurred in providing his aircraft to fight the January 2005 bushfires on the Lower Eyre Peninsula;

(b)           implement recommendations (i) - (iv) of the Bob Smith Report requiring the CFS to –

                                          (i)        engage regionally-based aerial services during the bushfire season;

                                         (ii)        implement a trial for aerial surveillance services for the 2005/06 bushfire season on Eyre Peninsula; and

                                       (iii)        examine the utility of entering into contracts for the provision of aerial bushfire surveillance, water bombing and intelligence as a private fire-fighting unit.

 

            For Wednesday 19 October 2005

 

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

 

Mr Caica to move – That the Two Hundred and Twenty Seventh Report of the Public Works Committee on the Lochiel Park Green Village Development, be noted.

 

Mr Hanna to move – That the Regulations made under the Coroners Act 2003 entitled Reportable Death, made on 23 June and laid on the Table of this House on 5 July, be disallowed.

 

Mr Hanna to move – That the Regulations made under the Controlled Substances Act 1995 entitled Poisons, made on 2 June and laid on the Table of this House on 23 June, be disallowed.

 

 

            For Thursday 20 October 2005

 

Notice of Motion: Other Motions -

 

Mrs Hall to move – That this House acknowledges the importance of Pink Ribbon Day on 24 October 2005, and pays tribute to –

(a)           the outstanding work carried out by the Cancer Council of South Australia to raise awareness of breast cancer and other forms of cancer;

(b)           the importance of early detection through breast screening programs; and

(c)           the significant progress made in the provision of support services for victims of breast cancer and their families.

 

 

____________

 

 

Present during the day - All Members except the Minister for Environment and Conservation (Hon J D Hill) and the Minister for the River Murray (Hon K A Maywald).

 

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

 

         Division No 1 -

Ayes – The Minister for Transport (Hon P F Conlon), Minister for Environment and Conservation (Hon J D Hill), the Minister for the River Murray (Hon K A Maywald) and Minister for Agriculture, Food and Fisheries (Hon R J McEwen), Minister for Education and Children’s Services (Hon J D Lomax-Smith), Minister for Families and Communities (Hon J W Weatherill).

               Noes – Leader of the Opposition (Hon R G Kerin), Mr Brokenshire, Hon M R Buckby, Mr Brindal, Mrs Hall, Hon D C Kotz.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

                                                                                                                        Hon R B Such

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY