No 76

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

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MONDAY 2 JUNE 2003

 

 

1       Meeting of House

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

 

2       Conference – Statutes Amendment (Road Safety Reforms) Bill

The Minister for Transport (Hon M J Wright) reported as follows:

I have to report that the Managers have been at the Conference on the Statutes Amendment (Road Safety Reforms) Bill, which was managed on the part of the Legislative Council by the Hon P Holloway, Hon R K Sneath, Hon S M Kanck, Hon C V Schaefer and Hon T G Cameron and we there delivered the Bill, together with the resolution adopted by this House and thereupon the Managers for the two Houses conferred together and it was agreed that we should recommend to our respective Houses that the following resolutions be agreed to.

 

As to Amendment No. 1:

That the Legislative Council amend its amendment by leaving out the word "anniversary" and inserting in lieu thereof the words "and third anniversaries".

 

and that the House of Assembly agree thereto,

 

As to Amendment No. 3:

 

That the House of Assembly do not further insist on its disagreement.

 

As to Amendment No. 4:

 

That the Legislative Council amend its amendment by leaving out paragraph (a) and inserting in lieu thereof the following paragraph:

 

                        (a)in the case of a licence issued to a person under the age of 19 years—

 

                                    (i)if the person incurs one or more demerit points before he or she turns 19—

 

                                    (A)until he or she turns 20; or

 

                                    (B)until 2 years have elapsed,

 

                                    whichever occurs later; or

 

                                    (ii)in any other case—

 

                                    (A)until he or she turns 19; or

 

                                    (B)until 2 years have elapsed,

 

                                    whichever occurs later;

 

and that the House of Assembly agree thereto.

 

As to Amendment No. 15:

That the Legislative Council do not further insist on its amendment.

 

As to Amendment No. 17

That the Legislative Council do not further insist on its amendment.

 

As to Amendment No 27:

That the House of Assembly do not further insist on its disagreement.

 

As to Amendment No. 33:

That the Legislative Council do not further insist on its amendment.

 

As to Amendment No. 35:

That the Legislative Council do not further insist on its amendment but make the following amendment in lieu thereof:

 

Page 17—After line 7 insert new clause as follows:

 

Insertion of section 110AAA

                        32B. The following section is inserted after section 110 of the principal Act:

 

         Annual report by Minister on speed management

                        110AAA. (1) The Minister must, on or before 30 September in each year, prepare a report on—

 

                        (a)the adequacy of laws governing speed-limits and the need for any changes to those laws; and

 

                        (b)the criteria for determining the appropriateness of speed-limits applying on arterial and non-arterial roads; and

 

                        (c)the effectiveness of court and expiation processes in minimising the use of court resources for the enforcement of speed-limits; and

 

                        (d)priorities and strategies for the enforcement of speed-limits; and

 

                        (e)technologies for the detection of speeding offences; and

 

                        (f)the use of road infrastructure to manage speed.

 

               (2) The Minister must, within 6 sitting days after completing the report, cause copies to be laid before both Houses of Parliament.

 

             (3) This section expires on the third anniversary of its commencement unless, before that anniversary, both Houses of Parliament pass a resolution declaring that this section will continue in operation after that anniversary.

 

            and that the House of Assembly agree thereto.

 

And that the following consequential amendments be made to the Bill:

 

            Clause 15—Leave out subsection (2) of section 81C and insert in lieu thereof:

 

                   (2) If a person expiates an offence to which this section applies, the Registrar must give the person written notice—

 

                        (a)that, commencing on a day specified in the notice, the person is disqualified from holding or obtaining a licence or learner's permit for—

 

                                    (i)if the person has been convicted of a second offence—3 months; or

 

                                    (ii)if the person has been convicted of a third offence—6 months; or

 

                            (iii)if the person has been convicted of a subsequent offence—12  months; and

 

                         (b)that, if the person holds any licence or learner's permit at the commencement of the period of disqualification, the licence or permit is cancelled; and

 

                        (c)if the person has been convicted of a third or subsequent offence—that, despite the disqualification imposed under this section, the person will, on application made to the Registrar at any time after the half-way point in the period of that disqualification, be entitled to be issued with a licence or learner's permit subject to the alcohol interlock scheme conditions for the required period (in addition to any conditions otherwise required).

 

            Clause 23—Insert in subsection (4) after the words "purposes of this section" the words "(other than subsection (5))"

 

            Clause 23—Insert after subsection (5):

 

                 (6) In determining whether a category 1 offence is a first offence for the purposes of subsection (5), any previous offence against subsection (1) or section 47(1), 47E(3) or 47I(14) for which the defendant has been convicted or that the defendant has expiated will be taken into account, but only if the previous offence was committed or alleged to have been committed within the prescribed period immediately preceding the date on which the offence under consideration was allegedly committed.

 

                        (7) For the purposes of subsection (6), the prescribed period is—

 

                        (a)in the case of a previous offence that is a category 1 offence—3 years;

 

                        (b)in any other case—5 years.

 

                        and that the House of Assembly agree thereto.

 

3       Petition No 118

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

 

118  Hon R B Such, from 9 residents of South Australia, requesting the House to support the introduction of legislation preventing burial sites in South Australia from being reused when leases are not renewed and providing protection of such sites in perpetuity.

 

4       Answers to questions

Answers to questions without notice were tabled by the Speaker.

 

5       Questions

Questions without notice were asked.

 

6       Grievance debate

On motion of the Speaker, the House noted grievances.

 

 

7       Messages from the Legislative Council

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

 

         Gaming Machines (Roosters Club Incorporated Licence) Amendment Bill

Message No 91

MR SPEAKER - The Legislative Council does not insist on its amendments in the Gaming Machines (Roosters Club Incorporated Licence) Amendment Bill to which the House of Assembly has disagreed.  The Bill is returned herewith.

         Legislative Council, 29 May 2003                                                J C Irwin, PRESIDENT

 

         Conference – Statutes Amendment (Road Safety Reforms) Bill

                                                                                                                     Message No 92

MR SPEAKER - The Legislative Council, having considered the recommendations from the Conference on the Statutes Amendment (Road Safety Reforms) Bill, has agreed to the same. The Bill is returned herewith.

         Legislative Council, 2 June 2003                                                 J C Irwin, PRESIDENT

 

Ordered - That the Speaker now leave the Chair and the House resolve itself into a Committee of the whole for the consideration of the recommendations of the Conference.

 

In Committee

 

Resolved - That the recommendations of the Conference be agreed to.

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The House having resumed:

Mr Snelling reported that the Committee had considered the recommendations of the Conference and had agreed to the same.

 

8       Select Committee on Genetically Modified Organisms - Extension of time

Order of the Day read for the Report of the Select Committee on Genetically Modified Organisms to be brought up.

The Minister for Industry, Trade and Regional Development (Hon R J McEwen) moved - That the time for bringing up the Report be extended until 14 July 2003.

Question put and passed.

 

9        Select Committee on the Crown Lands (Miscellaneous) Amendment Bill – Final Report

Order of the Day read for the Report of the Select Committee on the Crown Lands (Miscellaneous) Amendment Bill to be brought up.

The Minister for Environment and Conservation (Hon J D Hill), brought up the Final Report (Paper No 212) and Minutes of Proceedings and Evidence.

Report and Minutes received.

 

10      Appropriation Bill 2003

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 Ms Rankine, that the debate be further adjourned until tomorrow.

 

11      Adjournment

House adjourned at 10.00 pm until tomorrow at 2.00 pm.

 

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MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

            For Tuesday 3 June 2003

 

 

Notices of Motion:  Government Business -

 

The Minister for Environment and Conservation to move – That he have leave to introduce a Bill for an Act to amend the Dangerous Substances Act 1979 and the Nuclear Waste Storage Facility (Prohibition) Act 2000.

 

The Minister for Environment and Conservation to move – That he have leave to introduce a Bill for an Act to reserve land as a public park for the use, enjoyment and recreation of inhabitants of, and visitors to, the State.

 

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Present during the day - All Members.

 

 

 

 

 

                                                                                                                        Peter Lewis

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY