No 78

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

WEDNESDAY 19 OCTOBER 2005

 

 

1       Meeting of House

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

 

2       Speaker's Statement – Parliament House Catering

The Speaker clarified a number of issues arising from media reports concerning comments contained in the Auditor-General’s Report on the catering in Parliament House.

 

3       Petitions Nos 112 to 114

         The Clerk announced that the following Members had lodged Petitions for presentation:

 

112  Ms Bedford, from 405 residents of South Australia, requesting the House to investigate all reasonable means of urgently improving the safety of the roundabout located adjacent to the Tea Tree Plaza and Modbury Public Hospital, particularly, the installation of traffic lights.

 

113 Mr Brokenshire, from 146 residents of South Australia, requesting the House to urge the Government to introduce measures to prevent speeding and reduce the occurrence of road accidents along Wandana and Tasman Avenues, Gilles Plains.

 

114 Mr Brokenshire, from 45 residents of South Australia, requesting the House to urge the Government to introduce measures to prevent speeding and reduce the occurrence of road accidents along Heysen Avenue, Modbury.

 

4       Papers

         The following Papers were tabled:

 

By the Minister for the Arts (Hon M D Rann) –

      Adelaide Festival Corporation – Report 2004-2005

      Art Gallery of South Australia – Report 2004-2005

      Jam Factory Contemporary Craft and Design Inc. – Report 2004-2005

 

By the Treasurer (Hon K O Foley) –

            South Australian Superannuation Scheme Actuarial Report 2004

 

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

      South Australian Rail Regulation – Report 2004-2005

      Tarcoola-Darwin Rail Regulation – Report 2004-2005

 

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

            Director of Public Prosecutions – Report 2004-2005

      Solicitor-General – Minute to Attorney-General concerning the DPP Annual Report

 

By the Minister for Environment and Conservation (Hon J D Hill) –

      Environment Protection Authority – Report 2004-2005

   Environment Protection Authority on the Administration of the Radiation Protection and Control Act 1982 – Report 2004-2005

 

By the Minister for Families and Communities (Hon J W Weatherill) –

      Ministerial Statement – Mental Health Services in Australia.

 

5       Legislative Review Committee - Reports – Twenty Eighth

 

Twenty Eighth Report

Mr Hanna brought up the 28th Report of the Committee.

Report received.

 

6       Select Committee on the Tattooing and Body Piercing Industries

Mr Rau brought up the Report (Paper No 228), together with the Minutes of Proceedings and Evidence of the Select Committee on the Tattooing and Body Piercing Industries.

Report and Minutes of Proceedings received.

 

7       Questions

Questions without notice were asked.

 

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       Grievance debate

On motion of the Speaker, the House noted grievances.

 

10      Public Works Committee - Report –Lochiel Park Green Village Development - Motion to note

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

Debated ensued.

Question put and passed.

 

11      Botanic Gardens and State Herbarium (Lighting of Fires) Amendment Bill

The Hon I F Evans, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Botanic Gardens and State Herbarium Act 1978.

Question put and passed.

         Bill presented and read a first time.

 

         The Hon I F Evans moved - That this Bill be now read a second time.

Ordered, on motion of Mrs Geraghty, that the debate be adjourned until Wednesday 9 November.

 

12      Postponement of business

Ordered, separately and severally - That Notices of Motion: Private Members Bills/Committees/Regulations Nos 6 to 8 be postponed until Wednesday 9 November.

 

13      Electoral (Campaign Donations) Amendment Bill

Ms Chapman, pursuant to notice, moved - That she have leave to introduce a Bill for an Act to amend the Electoral Act 1985.

Question put and passed.

         Bill presented and read a first time.

 

         Ms Chapman moved - That this Bill be now read a second time.

         Ordered, on motion of Mr Caica, that the debate be adjourned until Wednesday 9 November.

 

 

 

14      Postponement of business

Ordered - That Notice of Motion: Private Members Bills/Committees/Regulations No 10 be postponed until Wednesday 9 November.

 

15      Occupational Safety, Rehabilitation and Compensation Committee - Report – Annual Report 2004-2005 - Motion to note

Mr Caica, pursuant to notice, moved - That the Annual Report 2004 – 2005 of the Occupational Safety, Rehabilitation and Compensation Committee be noted.

Question put and passed.

 

16      Natural Resources Committee - Report – Annual Report 2004-2005 - Motion to note

Mr Rau, pursuant to notice, moved - That the Annual Report 2004 – 2005 of the Natural Resources Committee be noted.

Debated ensued.

Question put and passed.

 

17      Postponement of business

Ordered, severally - That Orders of the Day: Private Members Bills/Committees/Regulations Nos 1, 3 to 14 be postponed and taken into consideration after Order of the Day:  Private Members Bills/Committees/Regulations No 15.

 

18      Cape Jaffa Lighthouse Platform (Civil Liability) 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.

 

19      Postponement of business

Ordered, severally - That Orders of the Day: Private Members Bills/Committees/Regulations Nos 1 and 3 be postponed and taken into consideration after Order of the Day:  Private Members Bills/Committees/Regulations No 4.

 

20      Crown Lands (Glenelg River Shack Sites) 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.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

         House divided (No 1):

 

           Ayes, 19

 

           Noes, 21

Mr Brokenshire

Hon M J Atkinson

Hon M R Buckby

Ms Bedford

Ms Chapman

Ms Breuer

Hon I F Evans

Mr Caica

Mr Goldsworthy

Ms Ciccarello

Hon G M Gunn

Hon K O Foley

Mrs Hall

Mrs Geraghty

Mr Hamilton-Smith

Mr Hanna

Hon D C Kotz

Hon S W Key

Hon W A Matthew

Mr Koutsantonis

Hon K A Maywald

Hon J D Lomax-Smith

Dr McFetridge

Hon I P Lewis

Mr Meier

Mr O'Brien

Mrs Penfold

Ms Rankine

Mrs Redmond

Hon M D Rann

Mr Scalzi

Mr Rau

Mr Venning

Mr Snelling

Mr Williams

Ms Thompson

Hon R J McEwen (Teller)

Hon J W Weatherill

 

Hon M J Wright

 

Hon J D Hill (Teller)

 

         So it passed in the negative.

 

21      Select Committee on Nurse Training and Education

Order of the Day read for the Report of the Select Committee on Nurse Training and Education to be brought up.

 

Extension of time for bringing up Report

Ms Thompson, moved - That the time for bringing up the Report be extended until Wednesday 9 November.

Question put and passed.

 

22      Statutes Amendment (Recreational Trails) 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.

 

         House divided (No 2):

 

           Ayes, 19

 

           Noes, 21

Mr Brokenshire

Hon M J Atkinson

Hon M R Buckby

Ms Bedford

Ms Chapman

Ms Breuer

Mr Goldsworthy

Mr Caica

Hon G M Gunn

Ms Ciccarello

Mrs Hall

Hon K O Foley

Mr Hamilton-Smith

Mrs Geraghty

Mr Hanna

Hon J D Hill

Hon D C Kotz

Hon S W Key

Hon I P Lewis

Mr Koutsantonis

Hon W A Matthew

Hon J D Lomax-Smith

Dr McFetridge

Hon K  A Maywald

Mr Meier

Hon R J McEwen

Mrs Penfold

Mr O'Brien

Mrs Redmond

Ms Rankine

Mr Scalzi

Hon M D Rann

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.

 

 

 

23      Terrorism (Police Powers) Bill

The Premier (Hon M D Rann), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to give special powers to police officers to prevent and investigate terrorist acts; to amend the Emergency Management Act 2004; 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 Mr Williams, that the debate be adjourned until tomorrow.

 

24      Mining (Royalty No 2) 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.

 

25      Message from the Legislative Council

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

 

         Pitjantjatjara Land Rights (Miscellaneous) Amendment Bill                   Message No 97

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Pitjantjatjara Land Rights Act 1981, to which it desires the concurrence of the House of Assembly.

The Legislative Council draws the attention of the House of Assembly to clause No 30, printed in erased type, which clause, being a money clause, cannot originate in the Legislative Council, but which is deemed necessary to the Bill.

Legislative Council, 18 October 2005                                              R R Roberts, PRESIDENT

 

         Bill read a first time.

 

The Minister for Environment and Conservation (Hon J D Hill), moved - That this Bill be now read a second time.

 

         Suspension of Standing Orders

The Minister for Environment and Conservation, without notice, moved - That Standing Orders be so far suspended as to enable the Pitjantjatjara Land Rights (Miscellaneous) Amendment Bill to pass through all stages without delay.

Question put and there being a negative voice.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

         House divided (No 3):

 

           Ayes, 36

           Noes, 2

 

Hon M J Atkinson

Mr Hanna

Ms Breuer

Hon I P Lewis (Teller)

Mr Brokenshire

 

Hon M R Buckby

 

Mr Caica

 

Ms Chapman

 

Ms Ciccarello

 

Hon K O Foley

 

Mrs Geraghty

 

Mr Goldsworthy

 

Hon G M Gunn

 

Mrs Hall

 

Mr Hamilton-Smith

 

Hon S W Key

 

Hon D C Kotz

 

Mr Koutsantonis

 

Hon J D Lomax-Smith

 

Hon W A Matthew

 

Hon K A Maywald

 

Hon R J McEwen

 

Dr McFetridge

 

Mr Meier

 

Mr O'Brien

 

Mrs Penfold

 

Ms Rankine

 

Hon M D Rann

 

Mr Rau

 

Mrs Redmond

 

Mr Scalzi

 

Mr Snelling

 

Ms Thompson

 

Mr Venning

 

Hon J W Weatherill

 

Hon P L White

 

Hon M J Wright

 

Hon J D Hill (Teller)

 

 

         So it was resolved in the affirmative.

 

         Ordered, on motion of Dr McFetridge, that the debate be adjourned and resumed on motion.

 

26      Postponement of business

Ordered - That Order of the Day: Government Business No 2 be postponed and taken into consideration after Order of the Day: Government Business No 4.

 

27      River Murray (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 9 agreed to.

Schedule 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.

 

Bill read a third time and passed.

 

 

28      Extension of time for adjournment

The Minister for Environment and Conservation, moved - That the time for moving the adjournment of the House be extended beyond 10.00 pm.

Question put.

 

         House divided (No 4):

 

           Ayes, 40

           Noes, 2

 

Hon M J Atkinson

Hon I P Lewis

Ms Bedford

Mr Hanna (Teller)

Ms Breuer

 

Mr Brokenshire

 

Hon D C Brown

 

Hon M R Buckby

 

Mr Caica

 

Ms Chapman

 

Ms Ciccarello

 

Hon I F Evans

 

Hon K O Foley

 

Mrs Geraghty

 

Mr Goldsworthy

 

Hon G M Gunn

 

Mrs Hall

 

Mr Hamilton-Smith

 

Hon R G Kerin

 

Hon S W Key

 

Mr Koutsantonis

 

Hon J D Lomax-Smith

 

Hon W A Matthew

 

Hon K A Maywald

 

Hon R J McEwen

 

Dr McFetridge

 

Mr Meier

 

Mr O'Brien

 

Mrs Penfold

 

Ms Rankine

 

Hon M D Rann

 

Mr Rau

 

Mrs Redmond

 

Mr Scalzi

 

Mr Snelling

 

Ms Thompson

 

Mr Venning

 

Hon J W Weatherill

 

Hon P L White

 

Mr Williams

 

Hon M J Wright

 

Hon J D Hill (Teller)

 

 

         So it was resolved in the affirmative.

 

29      Pitjantjatjara Land Rights (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.

 

30      Suspension of Standing Orders

The Minister for Environment and Conservation, 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.

 

31      Pitjantjatjara Land Rights (Miscellaneous) Amendment Bill

Debate (interrupted by the foregoing) resumed.

 

____________

 

It being Midnight

WEDNESDAY 19 OCTOBER

____________

 

 

         Question put and passed.

 

         Bill read a second time.

 

In Committee

Clauses Nos 1 to 4 agreed to.

Clause No 5 read.

 

Mr Hanna moved on page 4, after line 2, to insert —

Aboriginal Lands Parliamentary Standing Committee means the committee of that name established under the Aboriginal Lands Parliamentary Standing Committee Act 2003;

Question – That the amendment be agreed to – put.

 

         Division, only one Aye

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

So it was passed in the negative.

 

Mr Hanna moved on page 4, line 25, after "Yankunytjatjara" insert -

or by an Administrator

Question – That the amendment be agreed to – put.

 

         Committee divided (No 5):

 

           Ayes, 2

 

           Noes, 33

Hon I P Lewis

Hon M J Atkinson

Mr Hanna (Teller)

Ms Breuer

 

Mr Brindal

 

Hon D C Brown

 

Hon M R Buckby

 

Mr Caica

 

Ms Chapman

 

Ms Ciccarello

 

Hon I F Evans

 

Hon K O Foley

 

Mrs Geraghty

 

Hon G M Gunn

 

Hon S W Key

 

Hon D C Kotz

 

Mr Koutsantonis

 

Hon J D Lomax-Smith

 

Hon K A Maywald

 

Hon R J McEwen

 

Dr McFetridge

 

Mr Meier

 

Mr O'Brien

 

Mrs Penfold

 

Ms Rankine

 

Hon M D Rann

 

Mrs Redmond

 

Mr Scalzi

 

Hon R B Such

 

Ms Thompson

 

Mr Venning

 

Hon J W Weatherill

 

Mr Williams

 

Hon M J Wright

 

Hon J D Hill (Teller)

 

         So it passed in the negative.

 

Clause No 5 otherwise amended and agreed to.

Clause No 6 read.

 

Mr Hanna moved on page 4, lines 30 and 31, to delete paragraph (a) and substitute:

(a)         to acknowledge and support Anangu ownership of the lands and to make provision for that support;

Question – That the amendment be agreed to – put.

 

         Division, only one Aye

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

So it was passed in the negative.

 

Clause No 6 agreed to.

Clause No 7 read.

 

Mr Hanna moved on page 5, line 15, to delete "any 2 of the following" and insert:

2 of the following (1 of whom must be the Chairperson or the Deputy Chairperson)

Question – That the amendment be agreed to – put.

 

         Committee divided (No 6):

 

           Ayes, 3

 

           Noes, 19

Hon D C Kotz

Hon M J Atkinson

Hon I P Lewis

Ms Breuer

Mr Hanna (Teller)

Mr Caica

 

Ms Ciccarello

 

Hon K O Foley

 

Mrs Geraghty

 

Hon S W Key

 

Mr Koutsantonis

 

Hon R J McEwen

 

Dr McFetridge

 

Mr Meier

 

Mr O'Brien

 

Ms Rankine

 

Mr Scalzi

 

Ms Thompson

 

Mr Venning

 

Hon J W Weatherill

 

Hon M J Wright

 

Hon J D Hill (Teller)

 

         So it passed in the negative.

 

Question – That clause No 7 stand as printed – put.

 

         Committee divided (No 7):

 

           Ayes, 18

           Noes, 3

 

Hon M J Atkinson

Hon D C Kotz

Ms Breuer

Hon I P Lewis

Mr Caica

Mr Hanna (Teller)

Ms Ciccarello

 

Hon K O Foley

 

Mrs Geraghty

 

Hon S W Key

 

Mr Koutsantonis

 

Hon R J McEwen

 

Dr McFetridge

 

Mr Meier

 

Mr O'Brien

 

Ms Rankine

 

Ms Thompson

 

Mr Venning

 

Hon J W Weatherill

 

Hon M J Wright

 

Hon J D Hill (Teller)

 

 

         So it was resolved in the affirmative.

 

Clause No 8 read.

 

Mr Hanna moved on page 5, lines 27 to 29, to delete subclause (2) and substitute:

(2)     Section 6(2)(b)(i)—delete "any period it thinks fit, in respect of any part of the lands (being a part of the lands vested in Anangu Pitjantjatjara) to a Pitjantjatjara or an organisation comprised of Pitjantjatjaras" and substitute:

a period not exceeding 99 years, in respect of any part of the lands to an Anangu or an organisation comprised solely of Anangu

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

 

Clause No 8 agreed to.

Clause No 9 read.

 

Mr Hanna moved on page 6, after line 31, to insert the following—

(1a)    Section 8(3)—delete "shall be held not more than fifteen months after the last preceding annual general meeting" and substitute:

must be held in September or October of each year

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

 

Mr Hanna moved on page 6, after line 41, to insert the following—

(3)  Section 8—after subsection (4) insert:

(5)     Despite any other provision of this Act, a quorum of an annual general meeting of Anangu Pitjantjatjara Yankunytjatjara is 100 people, which must include not less than 10 members from each of at least 6 electorates (and, to avoid doubt, a resolution made at a meeting that is inquorate is void and of no effect).

(6)     The Executive Board must have accurate minutes kept of an annual general meeting or special general meeting of Anangu Pitjantjatjara Yankunytjatjara.

(7)     Any Anangu is entitled to inspect (without charge) the minutes at the places on the lands, and during the times, nominated by the Executive Board and approved by the Minister.

(8)     Any Anangu is entitled, on payment of the fee prescribed by the regulations, to a copy of the minutes.

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

 

Clause No 9 agreed to.

 

Mr Hanna moved on page 6, after line 41, to insert a new clause as follows—

9A—Insertion of section 8A

After section 8 insert:

8A—Special report

(1)         The Executive Board must, at each annual general meeting, present a report on the operation of the Executive Board.

(2)         The report must contain—

(a)    the information prescribed by the regulations; and

(b)    be made available to Anangu in the form specified in the regulations.

(3)         An Anangu is entitled to inspect (without charge) the most recent report presented under this section at the places on the lands, and during the times, nominated by the Executive Board and approved by the Minister.

(4)         An Anangu is entitled, on payment of the fee prescribed by the regulations, to a copy of the report.

(5)         This section is in addition to, and does not derogate from, any other provision of this or any other Act requiring the Executive Board to provide a report.

Question – That new clause No 9A be inserted – put.

 

         Division, only one Aye

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

So it was passed in the negative.

 

Clause No 10 read.

 

Mr Hanna moved, on page 7, line 4, to delete "10" and substitute:

11

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

 

 

 

Mr Hanna moved on page 7, lines 6 to 8, to delete subsection (2a) and substitute:

(2a)         Subject to subsection (3), a person may not be a member of the Executive Board while holding office—

(a)     as the Director of Administration; or

(b)     as the General Manager; or

(c)     as an employee of Anangu Pitjantjatjara Yankunytjatjara; or

(d)     in a position, and in a body, specified in the regulations.

(3)           The Minister may, by notice in writing, exempt a person from the operation of subsection (2a)(d) (and such an exemption may be subject to any condition the Minister thinks fit and may be varied or revoked by the Minister at any time).

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

 

Mr Hanna moved on page 7, line 16, to delete "3" and substitute:

6

Question – That the amendment be agreed to – put.

 

         Committee divided (No 8):

 

           Ayes, 2

           Noes, 17

 

Hon I P Lewis

Hon M J Atkinson

Mr Hanna (Teller)

Ms Breuer

 

Mr Caica

 

Ms Ciccarello

 

Hon K O Foley

 

Mrs Geraghty

 

Hon J D Hill

 

Hon D C Kotz

 

Hon R J McEwen

 

Dr McFetridge

 

Mr Meier

 

Mr O'Brien

 

Ms Rankine

 

Mr Scalzi

 

Ms Thompson

 

Mr Venning

 

Mr Koutsantonis (Teller)

 

         So it was passed in the negative.

 

Mr Hanna moved on page 7, lines 19 to 29, to delete subsections (9) to (11) (inclusive) and substitute:

(9)           A member of the Executive Board must, within 3 months after being elected or appointed, commence a course of training related to corporate governance.

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

 

Clause No 10 agreed to.

Clauses Nos 11 to 12 agreed to.

Clause No 13 read.

 

Mr Hanna moved on page 17, lines 32 and 33, to delete "audit the accounts of Anangu Pitjantjatjara Yankunytjatjara at any time" and substitute:

at any time, and must at least once in each year, audit (without fee) the accounts of Anangu Pitjantjatjara Yankunytjatjara

Question – That the amendment be agreed to – put.

 

 

 

 

 

 

 

 

 

 

         Committee divided (No 9):

 

           Ayes, 2

           Noes, 15

 

Hon I P Lewis

Hon M J Atkinson

Mr Hanna (Teller)

Ms Breuer

 

Mr Caica

 

Ms Ciccarello

 

Hon K O Foley

 

Mrs Geraghty

 

Hon J D Hill

 

Hon R J McEwen

 

Dr McFetridge

 

Mr O'Brien

 

Ms Rankine

 

Mr Scalzi

 

Ms Thompson

 

Mr Venning

 

Mr Koutsantonis (Teller)

 

         So it was passed in the negative.

 

Clause No 13 agreed to.

Clause No 14 read.

 

Mr Hanna moved on page 18, line 39, to delete "will" and substitute:

may

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

 

Mr Hanna moved on page 20, after line 25, to insert the following—

13EA—Director of Administration or General Manager to be Anangu

Despite a provision of any other Act or law, either the Director of Administration or the General Manager must be an Anangu.

Question – That the amendment be agreed to – put.

 

         Committee divided (No 10):

 

           Ayes, 2

           Noes, 15

 

Hon I P Lewis

Hon M J Atkinson

Mr Hanna (Teller)

Ms Breuer

 

Mr Caica

 

Ms Ciccarello

 

Mrs Geraghty

 

Mr Koutsantonis

 

Hon R J McEwen

 

Dr McFetridge

 

Mr Meier

 

Mr O'Brien

 

Ms Rankine

 

Mr Scalzi

 

Ms Thompson

 

Mr Venning

 

Hon J D Hill (Teller)

 

         So it was passed in the negative.

 

Mr Hanna moved on page 24, after line 37, to insert the following—

(1a)         However, before giving a direction under subsection (1), the Minister—

(a)       must cause notice of his or her intention to give such a direction to be circulated in a manner that is likely to come to the attention of the majority of Anangu on the lands; and

(b)       must have regard to any reasonable submissions made by Anangu relating to alternative methods of resolving the problem giving rise to the proposed direction.

Question – That the amendment be agreed to – put.

 

 

 

 

         Committee divided (No 11):

 

           Ayes, 2

           Noes, 15

 

Hon I P Lewis

Hon M J Atkinson

Mr Hanna (Teller)

Ms Breuer

 

Mr Caica

 

Ms Ciccarello

 

Mrs Geraghty

 

Mr Koutsantonis

 

Hon R J McEwen

 

Dr McFetridge

 

Mr Meier

 

Mr O'Brien

 

Ms Rankine

 

Mr Scalzi

 

Ms Thompson

 

Mr Venning

 

Hon J D Hill (Teller)

 

         So it was passed in the negative.

 

Mr Hanna moved on page 25, after line 27, to insert the following—

(ab)         neither the Director of Administration nor the General Manager may be appointed as Administrator;

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

 

Question – That proposed new sections Nos 13A to 13M stand as printed – put and passed.

Question – That proposed new sections Nos 13N and 13O stand as printed – 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.

 

Question – That proposed new sections Nos 13P and 13Q stand as printed – put and passed.

 

Clause No 14 agreed to.

Clause No 15 read.

 

Mr Hanna moved on page 27, line 23, before "Anangu" insert:

Subject to this Act,

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

 

Clause No 15 agreed to.

Clauses Nos 16 to 19 agreed to.

Clause No 20 read.

 

Mr Hanna moved on page 29, line 25, to delete all words in line 25 and substitute:

(1)           Section 22(1)—delete "Royalty" and substitute:

Despite a provision of any other Act or law, royalty

(2)           Section 22(2)(a)—delete "one-third" and substitute:

50 per cent

(3)           Section 22(2)(b)—delete "one-third" and substitute:

50 per cent

(4)           Section 22(2)(c)—delete paragraph (c)

(5)           Sections 22(3) and (4)—delete subsections (3) and (4)

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

 

Clause No 20 agreed to.

Clauses Nos 21 to 25 agreed to.

Clause No 26 read.

 

 

 

Mr Hanna moved on page 30, lines 16, 17 and 18, to delete subclause (1) and substitute:

(1)           Section 36(1)—delete "Any Pitjantjatjara who is aggrieved by a decision or action of Anangu Pitjantjatjara, or any of its members" and substitute:

An Anangu who is aggrieved by a decision or action of Anangu Pitjantjatjara Yankunytjatjara or the Executive Board

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

 

Mr Hanna moved on page 30, line 23, after "is" insert:

trivial,

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

 

Clause No 26 otherwise amended and agreed to.

Clause No 27 agreed to.

Clause No 28 read.

 

Mr Hanna moved on page 31, after line 30, to insert—

(2)       The Minister responsible for the administration of the Pastoral Land Management and Conservation Act 1989 must, on or before 31 December in each year, present to the Aboriginal Lands Parliamentary Standing Committee and to the Executive Board a report on the depasturing of stock on the lands.

(3)       A report under subsection (2) must contain the following information:

(a)      the number of livestock grazed on the lands during the previous financial year;

(b)      an inventory of any grazing licences and leases that operated on the lands during the previous financial year, including the names of the persons or bodies holding those licences or leases;

(c)      an account of the monies received by Anangu Pitjantjatjara Yankunytjatjara from grazing licences and leases during the previous financial year;

(d)      a summary of the findings of any assessment and monitoring program conducted by the Pastoral Land Management Group to ensure that grazing ventures operating on the lands are not impacting on the long-term sustainability of the lands.

 

Amendment withdrawn

Amendment, by leave, withdrawn.

 

Clause No 28 agreed to.

Clause No 29 agreed to.

New clause No 30 inserted.

Clause No 31 agreed to.

Clause No 32 read.

 

Mr Hanna moved on page 34, line 31, to delete "third" and substitute:

second

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

 

Clause No 32 otherwise amended and agreed to.

Schedule agreed to.

Title agreed to.

 

____________

 

         The House having resumed:

Mr Koutsantonis reported that the Committee had considered the Bill referred to it and had agreed to the same with amendments.

 

The Minister for Environment and Conservation moved - That this Bill be now read a third time.

Debate ensued.

Question put and passed.

 

 

         Bill read a third time and passed.

 

32      Message from the Legislative Council

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

 

         Corporations (Commonwealth Powers) (Extension of Period of Reference) Amendment Bill                                  Message No 98

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled and Act to amend the Corporation (Commonwealth Powers) Act 2001, to which it desires the concurrence of the House of Assembly.

Legislative Council, 19 October 2005                                              R R Roberts, PRESIDENT

 

         Bill read a first time.

 

         Ordered, that the second reading be an Order of the Day for today.

 

33      Adjournment

House adjourned at 4.19 am until today at 10.30 am.

 

____________

 

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

            For Thursday 20 October 2005

 

Notice of Motion: Government Business -

 

The Minister for Transport to move That he have leave to introduce a Bill for an Act to provide for the construction of an underpass to replace the Bakewell Bridge at Mile End; to repeal the Mile End Overway Bridge Act 1925; and for other purposes.

 

 

            For Wednesday 9 November 2005

 

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

 

Hon G M Gunn to move That he have leave to introduce a Bill for an Act to amend the Native Vegetation Act 1991.

 

Mr Rau to move That the That the Report of the Select Committee on the Regulation of the Tattooing and Body Piercing Industries be noted.

 

 

____________

 

 

Present during the day - All Members except the Minister for Infrastructure (Hon P F Conlon) and the Minister for Health (Hon L Stevens).

 

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

 

         Division No 1 -

               Ayes – The Leader of the Opposition (Hon R G Kerin), Hon D C Brown and Mr Brindal

               Noes – The Minister for Infrastructure (Hon P F Conlon), the Minister for Health (Hon L Stevens) and Hon P L White.

 

 

 

         Division No 2 -

               Ayes – The Leader of the Opposition, Hon D C Brown and Mr Brindal

               Noes – The Minister for Infrastructure, the Minister for Health and Hon P L White.

 

 

 

 

 

 

                                                                                                                        Hon R B Such

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY