No 84

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

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MONDAY 21 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), reported as follows:

I have to report that the Managers have been at the Conference on the Statutes Amendment and Repeal (Aggravated Offences) Bill which was managed on the part of the Legislative Council by the Hon J Gazzola, Hon I Gilfillan, Hon P Holloway, Hon R D Lawson and Hon T Stephens 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 resolution be agreed to.

 

As to Amendment No 5

That the disagreement to the amendment of the Legislative Council be no longer insisted on and the following consequential amendment be made to the Bill -

Consequential amendment—

Clause 10, (new section 20), page 8, lines 14 to 21—

Delete subsections (3) and (4) and substitute:

(3)            A person who commits an assault is guilty of an offence.

Maximum penalty:

(a)  for a basic offence—imprisonment for 2 years;

(b)  for an aggravated offence (except one to which paragraph (c) applies)—imprisonment for 3 years;

(c)  for an offence aggravated by the use of, or a threat to use, an offensive weapon—imprisonment for 4 years.

(4)             A person who commits an assault that causes harm to another is guilty of an offence.

Maximum penalty:

(a)  for a basic offence—imprisonment for 3 years;

(b)  for an aggravated offence (except one to which paragraph (c) applies)—imprisonment for 4 years;

(c)  for an offence aggravated by the use of, or a threat to use, an offensive weapon—imprisonment for 5 years.

Note—

This offence replaces section 40 (assault occasioning actual bodily harm) as in force prior to the commencement of this subsection and, consequently, see Coulter v The Queen (1988) 164 CLR 350.

 

And that the House of Assembly agree thereto.

 

3       Petitions No 121 to 122

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

 

121 Hon I F Evans, from 30 residents of South Australia, requesting the House to urge the Government to take action to return the Moana Roundhouse to the Local Heritage List.

 

122 Hon I P Lewis, from 374 residents of South Australia, requesting the House to urge the Minister for Transport to provide the people of Murray Bridge with a bus service identical to that offered in Mount Gambier; with the capacity for residents to phone and obtain a bus within an hour.

 

4       Answers to questions

Answers to questions on the Notice Paper Nos 555, 556, 576 and 585 and questions without notice were tabled by the Speaker.

 

5       Papers

         The following Papers were tabled:

 

By the Speaker pursuant to Section 131 of the Local Government Act 1999, the following 2004-2005 annual reports of Local Councils:

                  Wattle Range

                  Karoonda East Murray, District of

                  Light Regional.

 

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

  Ministerial Statements –

                                    Yellabinna

                                    Industry Assistance.

 

6       Natural Resources Committee - Report - Saline Water Disposal Basins in South Australia

Mr Rau brought up the Fifth Report of the Natural Resources Committee on Saline Water Disposal Basins in South Australia.

Report received.

Ordered to be published (Paper No 236).

 

7       Questions

Questions without notice were asked.

 

8       Grievance debate

On motion of the Speaker, the House noted grievances.

 

9       Postponement of business

Ordered - That Notice of Motion: Government Business No 1 to be postponed until Thursday 24 November.

 

10      Postponement of business

Ordered, severally - 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 6.

 

11      Corporations (Commonwealth Powers) (Extension of Period of References) 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 4 agreed to.

Title agreed to.

 

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         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.

 

Bill read a third time and passed.

 

12      Local Government (Financial Management and Rating) Amendment Bill

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

 

In Committee

Resolved – That amendments Nos 1 to 11 be agreed to.

 

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         The House having resumed:

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

 

13      Message from the Legislative Council

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

 

         Conference – Statutes Amendment and Repeal (Aggravated Offences) Bill

                                                                                                                        Message No 109

MR SPEAKER - The Legislative Council, having considered the recommendation from the Conference on the Statutes Amendment and Repeal (Aggravated Offences) Bill, has agreed to the same. The Bill is returned herewith.

         Legislative Council, 21 November 2005                                        R. R. Roberts, PRESIDENT

 

Ordered - That the Speaker do 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.

 

14      Development (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

Clause No 1 agreed to.

Clause No 2 read.

 

 

         To report progress and ask leave to sit again.

 

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         The House having resumed:

Ms Thompson reported that the Committee had considered the Bill referred to it, had made progress therein and asked leave to sit again.

Ordered - That the Committee have leave to sit again tomorrow.

 

15      Adjournment

The Minister for Education and Children’s Services, moved - That the House do now adjourn.

Debate ensued.

 

16      Message from the Legislative Council

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

 

         Mining (Royalty No 2) Amendment Bill                                                   Message No 110

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Mining Act 1971, without any amendment.

         Legislative Council, 21 November 2005                                            R R Roberts, PRESIDENT

 

17      Adjournment

Question put and passed.

House adjourned at 5.59 pm until tomorrow at 2.00 pm.

 

 

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MOTION OF WHICH NOTICE WAS GIVEN

 

 

            For Wednesday 23 November 2005 

 

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

 

Mr Rau to move That the Fifth Report of the Natural Resources Committee entitled Saline Water Disposal Basins in South Australia, be noted.

 

 

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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