No 78

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

WEDNESDAY 4 JUNE 2003

 

 

1       Meeting of House

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

 

2       Petition No 120

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

 

120 Dr McFetridge, from 246 residents of South Australia, requesting the House to repeal current legislation banning dogs from accompanying their owners at alfresco dining areas.

 

3       Papers

         The following Papers were tabled:

 

By the Treasurer (Hon K O Foley) –

      Regulations under the following Acts –

Land Tax – Certificates Fees

Petroleum Products Regulation – Fees

Tobacco Products Regulation – Licence Fees

 

By the Minister for Police (Hon K O Foley) –

      Regulations under the following Acts –

                  Firearms – Application, Licence Fees

 

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

      Regulations under the following Acts –

Associations Incorporation Act – Fees

Bills of Sale – Fees

Business Names – Fees

Community Titles – Fees

Co-operatives – Fees

Cremation – Permit Fee

Criminal Law (Sentencing) – Forms, Fees

District Court – Criminal, Civil Division Fees

Environment, Resources and Development Court –

            General Jurisdiction Fees

            Native Title Fees

Fees Regulation –

            Probate, Guardianship Fees

            Proclaimed Managers and Justices Fees

Magistrates Court – Civil, Criminal Division Fees

Partnership – Fees

Public Trustee – Commission and Fees

Real Property –

            Fees

            Land Division Fees

Registration of Deeds – Fees

Sexual Reassignment – Certificate Fees

Sheriff’s – Fees

Strata Titles – Fees

Summary Offences – Application Fee

Supreme Court –

            Fees

            Probate Fees

Worker’s Liens – Fees

Youth Court – Fees

 

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

      Regulations under the following Acts –

Births, Deaths and Marriages Registration – Application Fees

Building Work Contractors – Fees

Conveyancers – Fees

Land Agents – Fees

Liquor Licensing –

            Application and  Licence Fees

            Long Term Dry Areas – Coober Pedy

Plumbers, Gas Fitters and Electricians – Periodic Fee and Return, Fees

Second-hand Vehicle Dealers – Fees

Security and Investigation Agents – Fees

Trade Measurement Administration – Application and  Licence Fees ,Testing Charges

Travel Agents – Fees

 

By the Minister for Health (Hon L Stevens) –

      Regulations under the following Acts –

Controlled Substances –

            Pesticide Licence Fees

      Poisons Licence Fees

Public and Environmental Health – Waste Control Fees

South Australian Health Commission –

            Recognised Hospitals and Health Centre Fees

            Private Hospitals Fees

 

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

      Regulations under the following Acts –

Botanic Gardens and State Herbarium – Admission, Advisory and Identification Fees

Crown Lands – Application, Document and Miscellaneous Fees

Environment Protection –

            Beverage Container Fees

            Fees and Levy

Heritage Act – Fees

Historic Shipwrecks – Register Copy Fees

National Parks and Wildlife –

            Hunting Fees

            Kangaroo Harvesting

            Wildlife Fees, Permits, Royalties

Pastoral Land Management and Conservation – Lease Fees

Prevention of Cruelty to Animals – Fees

Radiation Protection and Control – Ionising Radiation Fees

Water Resources – Permit, Licence and Other Fees

 

By the Minister for Social Justice (Hon S W Key) –

      Regulations under the following Act –

                  Adoption – Fees

 

By the Minister for Housing (Hon S W Key) –

      Regulations under the following Act –

                  Housing Improvement – Section 60 Statement Fees

 

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

      Regulations under the following Acts –

Goods Securities – Fees

Harbors and Navigation – Schedule 14 Fees

Motor Vehicles –  

            Expiation Fees

            Schedule 5 Fees

Passenger Transport – Schedule 4 Fees

Road Traffic –

            Expiation Fees

            Miscellaneous Fees

 

By the Minister for Industrial Relations (Hon M J Wright) –

      Regulations under the following Acts –

Dangerous Substances – Licence and Other Fees

Explosives – Explosives and Fireworks Fees

Fees Regulation – Registered Agents Fees

Industrial and Employee Relations – Agents Fees Revoked

Occupational Health, Safety and Welfare – Inspection, Application and Licence Fees

 

By the Minister for Tourism (Hon J D Lomax-Smith) –

      Regulations under the following Acts –

Mines and Works Inspection – Fees

Mining – Fees, Annual Fees and Rents

Opal Mining – Fees

Petroleum (Submerged Lands) – Fees

Petroleum – Application, Licence Fees

 

By the Minister for Urban Development and Planning (Hon J W Weatherill) –

      Regulations under the following Acts –

Development –

            Private Certifiers, Fees

            Significant Trees Variation

 

By the Minister for Gambling (Hon J W Weatherill) –

      Regulations under the following Acts –

Authorised Betting Operations – Licence Fees

Gaming Machines – Indemnity, General Fees

Lottery and Gaming – Licence Fees

 

By the Minister for Administrative Services (Hon J W Weatherill) –

      Regulations under the following Acts –

Freedom of Information – Fees and Charges

Roads (Opening and Closing) – Fees

State Records – Document Record and Other Fees

Valuation of Land – Fees and Allowances

 

By the Minister for Local Government (Hon R J McEwen) –

      Regulations under the following Acts –

Local Government – Schedule 2 Fees

Private Parking Areas – Expiation Fees.

 

 

 

 

 

 

4       Legislative Review Committee - Reports – Twenty Eighth and Twenty Ninth

 

Twenty Eighth Report

Mr Hanna brought up the Twenty Eighth Report of the Legislative Review Committee.

Report received and read as follows:

 

The By-laws and Regulations listed hereunder are at present being considered by the Legislative Review Committee. Evidence is being taken on these matters and it is necessary for Notices 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:

Recreational Services (Limitation of Liability) Act 2002 – Code Entitlements

Criminal Law (Forensic Procedures) Act 1998 – Qualified Persons Fees

 

By-laws referred to:

      Local Government Act 1999 – Renmark Paringa Council –

No 7 – Cemeteries.

 

Twenty Ninth Report

Mr Hanna brought up the Twenty Ninth Report of the Committee.

Report received.

 

Legislative Review Committee - Report – Regulations under the Fisheries Act 1982 – ‘Giant Crabs’ – Nos 259 & 273 of 2001

Mr Hanna brought up a Report of the Committee.

Report received.

 

5       Speaker's Ruling – Inadmissibility of Questions that Anticipate Debate

The Speaker ruled that the inadmissibility of questions that anticipate debate on a matter that is already on the Notice Paper, is governed by Standing Order 184.  The rule against anticipation means that lower order proceedings in terms of effectiveness should not anticipate the higher order proceedings.  

With respect to the budget, the debate on the Bill and in the Estimates Committee is the appropriate time for specific budget questions.  However, that does not deny the opportunity for Members to ask questions of a general nature that are related to financial matters.

 

6       Questions

Questions without notice were asked.

 

7       Speaker's Statement - Privilege

Mr Brindal raised as a matter of privilege the possible misleading of the House by the Minister for Industry, Trade and Regional Development as his answers to questions were at variance to answers given to the House by the Minister for Transport.  In respect of the matter raised, the Speaker stated that it was not a matter of privilege, as it was not possible for the House to inquire into what each Minister did, since that would go to the proceedings of Cabinet itself.

 

8       Grievance debate

On motion of the Speaker, the House noted grievances.

 

9       Postponement of business

Ordered, separately and severally - That Notices of Motion: Private Members Bills/Committees/Regulations Nos 1 to 14 and 17 and 18 be postponed until Wednesday 25 June.

 

 

 

10      Controlled Substances (Medical Use of Cannabis) Amendment Bill

Mr Hanna, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Controlled Substances Act 1984.

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 Mrs Geraghty, that the debate be adjourned until Wednesday 25 June.

 

11      Statutes Amendment (Equal Superannuation Entitlements for Same Sex Couples) Bill

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

 

In Committee

 

Ms Bedford moved - That the amendments be agreed to.

 

Mr Hanna moved – That the Question be now put.

 

         Division, only one Aye

Question put and the Committee 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.

 

Motion – That the amendments be agreed to – further considered.

 

Mr Meier moved – That progress be reported.

Question put.

 

         Committee divided (No 1):

 

           Ayes, 19

 

           Noes, 26

Mr Brokenshire

Hon M J Atkinson

Hon D C Brown

Ms Breuer

Hon M R Buckby

Mr Brindal

Ms Chapman

Mr Caica

Hon I F Evans

Ms Ciccarello

Mr Goldsworthy

Hon P F Conlon

Hon G M Gunn

Hon K O Foley

Mrs Hall

Mrs Geraghty

Mr Hamilton-Smith

Hon J D Hill

Hon R G Kerin

Hon S W Key

Hon D C Kotz

Mr Koutsantonis

Hon I P Lewis

Hon J D Lomax-Smith

Hon W A Matthew

Ms Maywald

Dr McFetridge

Hon R J McEwen

Mrs Penfold

Mr O'Brien

Mr Scalzi

Ms Rankine

Mr Venning

Hon M D Rann

Mr Williams

Mr Rau

Mr Meier (Teller)

Mrs Redmond

 

Mr Snelling

 

Hon L Stevens

 

Ms Thompson

 

Hon J W Weatherill

 

Hon P L White

 

Hon M J Wright

 

Ms Bedford (Teller)

 

         So it passed in the negative.

 

Motion – That the amendments be agreed to – further considered.

 

Question – That the amendments of the Legislative Council be agreed to – put.

 

 

 

 

         Committee divided (No 2):

 

           Ayes, 25

           Noes, 21

 

Hon M J Atkinson

Mr Brokenshire

Ms Breuer

Hon D C Brown

Mr Brindal

Hon M R Buckby

Mr Caica

Ms Chapman

Ms Ciccarello

Hon I F Evans

Hon P F Conlon

Mr Goldsworthy

Hon K O Foley

Hon G M Gunn

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 I P Lewis

Hon J D Lomax-Smith

Hon W A Matthew

Mr O'Brien

Ms Maywald

Ms Rankine

Hon R J McEwen

Hon M D Rann

Dr McFetridge

Mr Rau

Mr Meier

Mrs Redmond

Mrs Penfold

Mr Snelling

Mr Venning

Hon L Stevens

Mr Williams

Ms Thompson

Mr Scalzi (Teller)

Hon J W Weatherill

 

Hon P L White

 

Hon M J Wright

 

Ms Bedford (Teller)

 

 

         So it was resolved in the affirmative.

 

____________

 

         The House having resumed:

Hon R B Such reported that the Committee had considered the amendments referred to it and had agreed to the same.

 

12      Statutes Amendment (Duties to Prevent Fires) Bill

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 Hon G M Gunn, that the debate be further adjourned until Wednesday 25 June.

 

13      Postponement of business

Ordered, severally - That Orders of the Day: Private Members Bills/Committees/Regulations Nos 3 to 25 be postponed until Wednesday 25 June.

 

14      Postponement of business

Ordered - That Notice of Motion: Government Business No 1 be postponed until tomorrow.

 

15      Postponement of business

Ordered - That Notice of Motion: Government Business No 2 be postponed and taken into consideration on motion.

 

16      Postponement of business

Ordered, severally - 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.

 

17      Mining (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.

 

18      Postponement of business

Ordered - That Order of the Day: Government Business No 1 be postponed and taken into consideration on motion.

 

19      Appropriation Bill 2003

Order of the Day read for the adjourned debate on the question - That the House note grievances.

Debate resumed.

Ordered, on motion of the Attorney-General (Hon M J Atkinson), that the debate be further adjourned and resumed on motion.

 

20      Criminal Law Consolidation (Abolition of Time Limit for Prosecution of Certain Sexual Offences) Amendment Bill

         Ordered – That the second reading of this Bill be now taken into consideration.

         The Attorney-General 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.

 

21      Appropriation Bill 2003

Ordered - That the adjourned debate on the question - That the House note grievances - be now resumed.

Debate resumed.

 

22      Extension of time for adjournment

Ordered, on motion of the Minister for Social Justice (Hon S W Key) - That the time for moving the adjournment of the House be extended beyond 10.00 pm.

 

23      Appropriation Bill 2003

Debate (interrupted by the foregoing) resumed.

Question put and passed.

 

The Minister for Social Justice (Hon S W Key) moved – That the proposed expenditures for the departments and services contained in the Appropriation Bill be referred to Estimates Committees A and B for examination and report by Wednesday 25 June 2003, in accordance with the timetables as follows:

 

Estimates Committee A

 

 

 

TUESDAY 17 JUNE 2003

 

Premier

 

Minister for the Arts

 

Minister for Volunteers

 

Minister Assisting the Minister for the Arts

 

Department of the Premier and Cabinet

 

Administered Items for the Department of the Premier and Cabinet

 

State Governor's Establishment

 

Arts SA

 

Auditor-General's Department

 

Administered Items for the Auditor-General's Department

 

House of Assembly

 

Joint Parliamentary Services

 

Legislative Council

 

 

 

WEDNESDAY 18 JUNE 2003

 

Minister for Police

 

Attorney-General

 

Minister for Justice

 

Minister for Consumer Affairs

 

Minister for Multicultural Affairs

 

South Australia Police

 

Administered Items for Police and Emergency Services (in part)

 

Courts Administration Authority

 

State Electoral Office

 

Attorney-General's Department (in part)

 

Administered Items for the Attorney-General's Department (in part)

 

 

 

THURSDAY 19 JUNE 2003

 

Minister for Education and Children’s Services

 

Minister for Aboriginal Affairs and Reconciliation

 

Minister for Correctional Services

 

Department of Education and Children's Services

 

Administered Items for the Department of Education and Children's Services

 

Department for Administrative and Information Services (in part)

 

Department for Correctional Services

 

 

 

 

FRIDAY 20 JUNE 2003

 

Minister for Urban Development and Planning

 

Minister for Administrative Services

 

Minister for Gambling

 

Planning SA

 

Administered Items for Planning SA

 

Department for Administrative and Information Services (in part)

 

Administered Items for the Department for Administrative and Information Services (in part)

 

Independent Gambling Authority

 

 

 

MONDAY 23 JUNE 2003

 

Minister for Environment and Conservation

 

Minister for the River Murray

 

Minister for the Southern Suburbs

 

Department for Environment and Heritage

 

Administered Items for the Department for Environment and Heritage

 

Environment Protection Authority

 

Department of Water, Land and Biodiversity Conservation

 

Administered Items for the Department of Water, Land and Biodiversity Conservation

 

Offices for Sustainable Social, Environmental and Economic Development

 

 

 

TUESDAY 24 JUNE 2003

 

Minister for Transport

 

Minister for Industrial Relations

 

Minister for Recreation, Sport and Racing

 

Minister for Emergency Services

 

Transport Services

 

Administered Items for Transport Services

 

Transport Planning

 

Passenger Transport Board

 

TransAdelaide

 

Department for Administrative and Information Services (in part)

 

Administered Items for the Department for Administrative and Information Services (in part)

 

Attorney-General's Department (in part)

 

Administered Items for the Attorney-General's Department (in part)

 

Administered Items for Police and Emergency Services (in part)

 

 

 

Estimates Committee B

 

 

 

TUESDAY 17 JUNE 2003

 

Treasurer

 

Minister for Economic Development (representing the Minister Assisting the Premier in Economic Development)

 

Department of Treasury and Finance (in part)

 

Administered Items for the Department of Treasury and Finance (in part)

 

Office of Economic Development

 

 

 

WEDNESDAY 18 JUNE 2003

 

Minister for Tourism

 

Minister for Science and Information Economy

 

Minister for Employment, Training and Further Education

 

South Australian Tourism Commission

 

Minister for Tourism

 

Department of Further Education, Employment, Science and Technology

 

 

 

THURSDAY 19 JUNE 2003

 

Minister for Health

 

Minister for Social Justice

 

Department of Human Services (in part)

 

Administered Items for the Department of Human Services (in part)

 

 

 

FRIDAY 20 JUNE 2003

 

Minister for Agriculture, Food and Fisheries

 

Minister for Mineral Resources Development

 

Department of Primary Industries and Resources (in part)

 

Administered Items for the Department of Primary Industries and Resources (in part)

 

 

 

 

MONDAY 23 JUNE 2003

 

Minister for Industry, Trade and Regional Development

 

Minister for Small Business

 

Minister for Local Government

 

Minister for Forests

 

Department for Business, Manufacturing and Trade

 

Administered Items for the Department for Business, Manufacturing and Trade

 

Office of Local Government

 

Administered Items for the Office of Local Government

 

 

 

 

TUESDAY 24 JUNE  2003

 

Minister for Energy

 

Minister for Housing

 

Minister for Youth

 

Minister for the Status of Women

 

Department of Treasury and Finance (in part)

 

Administered Items for the Department of Treasury and Finance (in part)

 

Department of Primary Industries and Resources (in part)

 

Administered Items for the Department of Primary Industries and Resources (in part)

 

Department of Human Services (in part)

 

Administered Items for the Department of Human Services (in part)

 

 

 

 

Debate ensued.

Question put and passed.

 

The Minister for Social Justice moved – That Estimates Committee ‘A’ be appointed consisting of Hon R G Kerin, Ms Thompson, Ms Breuer, Ms Ciccarello, Mr Hamilton-Smith, Mr Snelling and Mr Williams.

Question put and passed.

 

The Minister for Social Justice (Hon S W Key) moved – That Estimates Committee ‘B’ be appointed consisting of Hon I F Evans, Mrs Hall, Mr Koutsantonis, Mr O’Brien, Mr Rau, Mrs Redmond and Hon R B Such.

Question put and passed.

 

24      Criminal Law Consolidation (Abolition of Time Limits for Prosecution of Certain Sexual Offences) Amendment Bill

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

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      Adjournment

House adjourned at 11.58 pm until tomorrow at 10.30 am.

 

____________

 

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

            For Wednesday 25 June 2003

 

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

 

Dr McFetridge to move – That he have leave to introduce a Bill for an Act to amend the Food Act 2001.

 

Mr Hanna to move – That the Regulations under the Recreational Services (Limitation of Liability) Act 2002 entitled Code Requirements, made on 17 April 2003 and laid on the table of this House on 29 April 2003, be disallowed.

 

Mr Hanna to move – That the Regulations under the Criminal Law (Forensic Procedures) Act 1998 entitled Qualified Persons Fees, made on 8 May 2003 and laid on the table of this House on 13 May 2003, be disallowed.

 

Mr Hanna to move – That the Report of the Legislative Review Committee on Regulations 259 and 273 of 2001 made under the Fisheries Act 1982 concerning Giant Crabs  be noted.

 

 

____________

 

 

Present during the day - All Members.

 

 

 

 

 

                                                                                                                        Peter Lewis

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY