No 81

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

TUESDAY 8 NOVEMBER 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 Attorney-General (Hon M J Atkinson), 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       Answers to questions

An answer to question on the Notice Paper No 548 was tabled by the Speaker.

 

4       Papers

         The following Papers were tabled:

 

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

      Adelaide Film Festival – Report 2005

      Disability Information and Resources Centre – Report 2004-2005

      Museum Board – South Australia – Report 2004-2005

 

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

      TransAdelaide – Report 2004-2005

 

      Regulations under the following Acts –

                  Harbors and Navigation – Point Turton

                  Motor Vehicles – Motor Bike Licences

 

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

      Infrastructure Corporation, South Australian – Report 2004-2005

 

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

      Evidence Act 1929, Section 71 of the – Relating to Suppression Orders – Report 2004-2005

 

By the Minister for Health (Hon J D Hill) –

      Wudinna Hospital – Mid West Health Service – Clinical Review

 

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

      Animal Welfare Advisory Committee – Report 2004-2005

      Board of the Botanic Gardens and State Herbarium – Report 2004-2005

      Correctional Services Department for – Report 2004-2005

      Environment and Heritage Department for – Report 2004-2005

      Dog and Cat Management Board – Report 2004-2005

      General Reserves Trust – Report 2004-2005

      Land Board – Report 2004-2005

      Maralinga Lands Unnamed Conservation Park Board – Report 2004-2005

      State Heritage Authority – Report 2004-2005

      Upper South East Dryland Salinity and Flood Management Act –

                  Quarterly Reports –

                        1 July – 30 September 2004

                        1 July – 30 September 2005

                  Report 2004-2005

      Wilderness Protection Act 1992 – South Australia – Report 2004-2005

      Wildlife Advisory Committee – Report 2004-2005

 

      Regulations under the following Acts –

                  Natural Resources Management –

                        Mallee Prescribed Wells Area

                  Peake, Roby and Sherlock Prescribed Wells Area

                        Western Mount Lofty Ranges

                        Western Mount Lofty Ranges Prescribed Wells Area

                        Western Mount Lofty Ranges Surface Water Area

 

By the Minister Assisting the Premier in the Arts (Hon J D Hill) –

      Country Arts SA – Report 2004-2005

      Youth Arts Board, South Australian – Carclew Youth Arts Centre – Report 2004-2005

 

By the Minister for Employment, Training and Further Education (Hon S W Key) –

      Construction Industry Training Board – Report 2004-2005

      Flinders University – Report 2004

 

By the Minister for Administrative Services (Hon M J Wright) –

      Administration of the State Records Act 1997 – Report 2004-2005

      Privacy Committee of South Australia – Report 2004-2005

      SA Water – Report 2004-2005

      Surveyors Australia, Institution of - SA Division – Report December 2004 to 30 June 2005

 

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

      Actuarial Investigation of the State and Sufficiency of the Construction Industry Fund – Report 2004-2005

      Construction Industry Long Service Leave Board – Report 2005

      Mining and Quarrying Occupational Health and Safety Committee – Report 2004-2005

      WorkCover SA – Report 2004-2005

 

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

      Independent Gambling Authority – Report 2004-2005

 

By the Minister for Education and Children’s Services (Hon J D Lomax-Smith) –

      Adelaide Cemeteries Authority – Report 2004-2005

      Department of Trade and Economic Development – Report 2004-2005

      Development Act –

                  Administration of – Report 2004-2005

                  Development Plan Amendment Reports –

                        City of Norwood - Payneham St Peters –

                           Heritage (Payneham)

                           Heritage (St Peters, Kensington and Norwood)

      Planning Strategy for South Australia – Report 2004-2005

      West Beach Trust – Report 2004-2005

 

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

      Community Housing Authority, South Australian – Report 2004-2005

 

By the Minister for Agriculture, Food and Fisheries (Hon R J McEwen) –

      Primary Industries and Resources SA – Report 2004-2005

 

      Regulations under the following Acts –

                  Citrus Industry – Citrus Industry Fund

                  Fisheries –

                  Bait Net

                        Delivery and Storage

                        Rock Lobster Fisheries

                  Vessel Monitoring Scheme Unit

                  Primary Industry Funding Schemes – Citrus Growers Fund

                  Primary Produce (Food Safety Schemes) – Citrus Industry Advisory Committee

 

By the Minister for the River Murray (Hon K A Maywald) –

      Department of Water, Land and Biodiversity Conservation – Report 2004-2005

      River Murray Act – Report 2004-2005

     

      Regulations under the following Acts –

                  Renmark Irrigation Trust – Water Allocation

 

By the Minister for Consumer Affairs (Hon K A Maywald) –

      Regulations under the following Acts –

                  Liquor Licensing – Copper Coast Dry Areas

                  Retail and Commercial Lease – Adelaide Airport Limited.

 

5       Matter of Privilege – Answers to Questions from Estimates Committees

Mr Brindal raised as a matter of privilege the failure by Ministers to comply with the dates stipulated by the Chairpersons of the Estimates Committees to supply answers to questions.

The Speaker advised that he would consider the matter and report back to the House.

 

6       Speaker’s Statement – Procedure

The Speaker informed the House that an examination of yesterday’s Hansard concerning the putting of the question on the suspension of standing orders to rescind a vote of the House revealed that the procedure was deficient.  However the substantive issue as to whether the vote should be rescinded was appropriately passed and he was therefore of the view that the proceedings were in order.

 

7       Questions

Questions without notice were asked.

 

8       Speaker’s Statement – Matter of Privilege

The Speaker stated that the dates stipulated for the lodging of replies to Estimates questions are not formal orders of the House.  Therefore, there is no offence that could remotely be regarded as a contempt of the House should a Minister fail to comply and he would not give precedence to a motion with respect to the matter of privilege raised by Mr Brindal earlier today.

 

9       Grievance debate

On motion of the Speaker, the House noted grievances.

 

10      Report of the Auditor-General 2004 - 2005

         Order of the Day read for consideration in Committee of the Report of the Auditor-General 2004 - 2005.

 

In Committee

 

The Deputy Premier, the Treasurer, the Minister for Police, the Minister for Federal/State Relations examined.

The Minister for Environment and Conservation, the Minister for the Southern Suburbs, the Minister Assisting the Premier in the Arts examined.

The Minister for the River Murray, the Minister for Regional Development, the Minister for Small Business, the Minister for Consumer Affairs, the Minister for Science and Information Economy examined.

The Minister for Families and Communities, Minister for Housing, Minister for Ageing, Minister for Disability examined.

 

____________

 

         The House having resumed:

Mr Snelling reported that the Committee had further considered the Auditor-General’s Report 2004 - 2005, and had completed its examination of Ministers on matters contained therein.

 

11      Messages from the Legislative Council

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

 

         Liquor Licensing (Exemption for Tertiary Institutions) Amendment Bill

                                                                                                                        Message No 107

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Liquor Licensing Act 1997, without any amendment.

         Legislative Council, 8 November 2005                                             R R Roberts, PRESIDENT

 

         River Murray (Miscellaneous) Amendment Bill                                       Message No 108

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the River Murray Act 2003 and to make associated amendments to the Development Act 1993 and the Renmark Irrigation Trust Act 1936, without any amendment.

         Legislative Council, 8 November 2005                                             R R Roberts, PRESIDENT

 

12      Terrorism (Police Powers) Bill

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

Debate resumed.

 

13      Extension of time for adjournment

Ordered, on motion of the Attorney-General, that the time for moving the adjournment of the House be extended beyond 10.00 pm.

 

14      Terrorism (Police Powers) Bill

Debate (interrupted by the foregoing) resumed.

         Question put and passed.

 

         Bill read a second time.

 

 

In Committee

Clauses Nos 1 and 2 agreed to.

Clause No 3 amended and agreed to.

Clauses Nos 4 agreed to.

Clause No 5 amended and agreed to.

Clauses Nos 6 to 24 agreed to.

Clause No 25 amended and agreed to.

Clause No 26 agreed to.

Clause No 27 read.

 

 

Ms Chapman moved on page 13, line 16, to delete "within 6 months after receiving a report" and substitute:

within 6 sitting days or 3 months after receiving a report, whichever is the shorter period

Question put and negatived.

 

 

Ms Chapman moved on page 13, line 20, after "Attorney-General" insert:

and the Ombudsman

Question put and negatived.

 

Clause No 27 otherwise amended and agreed to.

Clauses Nos 28 to 30 agreed to.

Schedules Nos 1 and 2 agreed to.

Title agreed to.

 

____________

 

         The House having resumed:

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

 

Bill read a third time and passed.

 

15      Mile End Underpass 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 10 agreed to.

Schedules Nos 1 and 2 agreed to.

Title agreed to.

 

____________

 

         The House having resumed:

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

 

The Minister for Transport moved - That this Bill be now read a third time.

Debate ensued.

Question put and passed.

 

         Bill read a third time and passed.

 

16      Adjournment

House adjourned at 11.39 pm until tomorrow at 2.00 pm.

 

 

____________

 

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

            For Wednesday 9 November 2005

 

Notice of Motion: Government Business -

 

The Attorney-General to move – That he have leave to introduce a Bill for an Act to authorise temporary detention in order to prevent the occurrence of a terrorist act or preserve evidence of, or relating to, a recent terrorist act; and for other purposes.

 

 

 

            For Thursday 24 November 2005

 

Notice of Motion: Other Motions -

 

Mr Hamilton-Smith to move – That this House –

(a)           condemns the Government on its failure to deliver the Flood Mitigation Study for the Brownhill and Keswick Creeks in 2005 as promised;

(b)           notes that the Study will unlikely be completed until after the next State Election in March 2006;

(c)           expresses its alarm that only $4M per annum has been provided for flood mitigation and that the tens of millions of dollars required to protect the city of Adelaide is not provided for in the Government's Budget Papers or Infrastructure Plan; and

(d)           calls on the Government to show leadership on flood mitigation plans and reverse its decision to refer the matter back to local council's.

 

Dr McFetridge to move – That this House urges the Government to postpone the Breakout Creek Wetlands Stage II development until further public consultation has been undertaken.

 

 

____________

 

 

Present during the day - All Members except the Minister Assisting the Premier in Social Inclusion (Hon L Stevens).

 

 

 

 

 

                                                                                                                        Hon R B Such

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY