No 91

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

         THURSDAY 1 DECEMBER 2005

 

 

1       Meeting of House

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

 

2       Call for Papers – Regina v Ashbourne - Motion re

Mr Brindal, pursuant to notice, moved That the House

(a)           recognises the need for public accountability and its obligation to scrutinise the Executive Government; and

(b)           sends a message to the Chief Justice requesting that the transcripts of the Regina v Ashbourne case be provided to the Speaker to be laid on the Table of this House.

         Debate ensued.

 

Mrs Geraghty moved – That the debate be adjourned.

Question put.

 

         House divided (No 1):

 

           Ayes, 22

           Noes, 20

 

Hon M J Atkinson

Mr Brindal

Ms Bedford

Mr Brokenshire

Ms Breuer

Hon D C Brown

Mr Caica

Ms Chapman

Ms Ciccarello

Hon I F Evans

Hon P F Conlon

Mr Goldsworthy

Hon K O Foley

Hon G M Gunn

Hon J D Hill

Mr Hamilton-Smith

Hon S W Key

Mr Hanna

Mr Koutsantonis

Hon R G Kerin

Hon J D Lomax-Smith

Hon D C Kotz

Hon K A Maywald

Hon W A Matthew

Hon R J McEwen

Dr McFetridge

Mr O'Brien

Mr Meier

Ms Rankine

Mrs Penfold

Mr Rau

Mrs Redmond

Mr Snelling

Mr Scalzi

Ms Thompson

Mr Venning

Hon J W Weatherill

Mr Williams

Hon P L White

Hon I P Lewis (Teller)

Hon M J Wright

 

Mrs Geraghty (Teller)

 

 

         So it was resolved in the affirmative.

 

         Ordered, that the debate be adjourned until Thursday 19 January 2006.

 

3       Select Committee on the Atkinson/ Ashbourne/ Clarke Affair – Minister Authorised to Attend - Motion re

Hon I F Evans, having by leave amended his motion of which notice had been given, moved - That given the appointment of a Select Committee of the Legislative Council on matters relating to the Attorney-General, Mr Ashbourne and Mr Clarke, this House authorises the attendance of any Minister called to appear before this Committee.

         Debate ensued.

Ordered, on motion of Mrs Geraghty, that the debate be adjourned until Thursday 19 January 2006.

 

4       Postponement of business

Ordered, severally - That Notices of Motion: Other Motions Nos 3 to 5 be postponed and taken into consideration after Notice of Motion: Other Motions No 6.

 

5       Members Right to Privacy - Motion re

Mr Brindal, pursuant to notice, moved - That this House affirms its belief that its Members have a right to privacy in their personal morality and private conduct, and that such matters are of no concern to either House of this Parliament, except where that conduct is either illegal or impinges on the Member’s ability to perform their duties, or when such conduct might be damaging to the Parliament.

         Debate ensued.

 

Mrs Geraghty moved – That the debate be adjourned.

Question put and negatived.

 

Debate (interrupted by the foregoing) resumed.

         Question put and passed.

 

6       Postponement of business

Ordered - That Notice of Motion: Other Motions No 3 be postponed and taken into consideration after Notice of Motion: Other Motions Nos 4 and 5.

 

7       Makybe Diva – 2005 Melbourne Cup - Motion re

Mrs Penfold, pursuant to notice, moved - That this House congratulates Tony Santic, his family, Lee Freedman and Glenn Boss on the fantastic record win by Makybe Diva in the 2005 Melbourne Cup.

         Debate ensued.

         Question put and passed.

 

8        Message from the Governor

         The following Message from the Governor was received and read:

 

         Assent to Bills                                                                                         Message No 31

The Governor informs the House of Assembly that, in the name and on behalf of Her Majesty The Queen, the following Acts were assented to during the fourth Session of the 50th Parliament, viz.-

No. 59 of 2005         An Act to amend the Corporations (Commonwealth Powers) Act 2001.

No. 60 of 2005         An Act to amend the Local Government Act 1999 and to make related amendments to the City of Adelaide Act 1998 and the Rates and Land Tax Remission Act 1986.

No. 61 of 2005         An Act to amend the Mining Act 1971.

No. 62 of 2005        An Act to amend the Criminal Law Consolidation Act 1935, the Criminal Law (Sentencing) Act 1988, the Juries Act 1927, the Summary Offences Act 1953 and the Summary Procedures Act 1921; and to repeal the Kidnapping Act 1960.

No. 63 of 2005        An Act to amend the Criminal Law Consolidation Act 1935.

No. 64 of 2005        An Act to provide for the construction and operation of a tramline in Victoria Square; to provide for the designation of certain land within Victoria Square as park land; to make related amendments to the Passenger Transport Act 1994; and for other purposes.

No. 65 of 2005        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.

No. 66 of 2005        An Act to protect the owner of the Cape Jaffa lighthouse platform from civil liability.

Government House, 1 December 2005                                M Jackson-Nelson, GOVERNOR

 

9       Petitions Nos 136 to 139

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

 

136 Hon I F Evans, from 200 residents of South Australia, requesting the House to urge the Government to introduce a bus service in the area between Wynn Vale Drive, Kiekebusch Road and McIntyre Road, Gulfview Heights before the expiry of this term of Parliament.

 

137 Mr Brokenshire, from 115 members of the South Australian community, requesting the House to urge the Government to construct an ambulance station at McLaren Vale immediately to reduce response times and help prevent the potential loss of life.

 

138  Mrs Penfold, from 19 residents of South Australia, requesting the House to urge the Government to increase funding for disability services in South Australia to at least the Australian national average expenditure and in particular to fully fund the Moving On Program to a five day full time service for all disabled people.

 

139 Mr Brokenshire, from 2273 members of the South Australian Community, requesting the House to urge the Government to facilitate a “Buy South Australian Eggs Campaign” and seek assistance from the Australian Competition and Consumer Commission to investigate the practice and food safety of dumping interstate eggs in South Australia.

 

10      Answers to questions

Answers to questions on the Notice Paper Nos 204, 299, 316, 512, 517, 519 to 521, 558 and 603 and questions without notice were tabled by the Speaker.

 

11      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:

                        Adelaide Hills Council

                        Le Hunte, District Council of

                        Lower Eyre Peninsula, District Council of

                        Marion, City of

                        Yankalilla, District Council of

 

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

      Emergency Services Administrative Unit – Report 2004-2005

 

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

      Courts Administration Authority – Report 2004-2005      

      Justice, Department of – Report 2004-2005

      Multicultural and Ethnic Affairs Commission, South Australian – Report 2004-2005

      State Electoral Office, South Australia – Report 2004-2005

 

      Rules of Court –

                  Magistrates Court – Police Disqualification

 

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

      Abortion Reporting Committee, South Australian – Report 2004-2005

      Children, Youth and Women's Health Service – Report 2004-2005

      Coober Pedy Hospital and Health Services Inc – Report 2004-2005

      Institute of Medical and Veterinary Science – Report 2004-2005

      Mid North Regional Health Service Inc – Report 2004-2005

 

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

      Dog Fence Board – Report 2004-2005

      River Murray Catchment Water Management Board – Report 2004-2005

      Soil Conservation Boards, South Australian – Report 2004-2005

 

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

      Public Works Committee Report, Response to the – Eyre Peninsula Water Supply Upgrade

 

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

      Occupational Health, Safety and Welfare Advisory Committee – Report 2004-2005

 

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

      Children's Services – Report 2004-2005

 

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

      Aboriginal Housing Authority, South Australian – Report 2004-2005

      Housing Trust, South Australian – Report 2004-2005

 

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

      Consumer and Business Affairs, Office of – Report 2004-2005.

 

12      Publishing Committee – Report – 2004-2005

Ms Thompson brought up the Report (Fourth Session) of the Publishing Committee.

The Publishing Committee of the House of Assembly recommends that the following Papers tabled in the House of Assembly be published:

 

Aboriginal Lands Trust – Report 2003-2004                                                               34

Abortion Reporting Committee, South Australian – Report 2004-2005                                    90A

Adelaide Festival Centre – Report 2004-2005                                                                       84A

Administrative and Information Services, Department for – Report 2004-2005              98A

Ageing, Office for the – Report 2004-2005                                                                          144A

Animal and Plant Control Commission South Australia – Report 2004                                   119

Art Gallery of South Australia – Report 2004-2005                                                               41A

Board of the Botanic Gardens and State Herbarium – Report 2004-2005                                13A

Chiropractors Board of South Australia – Report 2004-2005                                     145A

Classification Council, South Australian – Report 2004-2005                                    116A

Coast Protection Board – Report 2004-2005                                                                        51A

Construction Industry Long Service Leave Board – Report 2004-2005                        129A

Construction Industry Training Board – Report 2004-2005                                                    128A

Consumer and Business Affairs, Office of – Report 2004-2005                                              75A

Correctional Services, Department for – Report 2004-2005                                                    38A

Country Fire Service, South Australian – Report 2004-2005                                     130A

Courts Administration Authority –

Report 2003-2004                                                                                                           147

Report 2004-2005                                                                                                          147A

Dairy Authority of South Australia – Report 2004 – 2005                                                       52A

Development Act, Administration of – Report 2004-2005                                                       70A

Director of Public Prosecutions – Report 2004-2005                                                 167

Education Adelaide – Report 2004-2005                                                                              45A

Electricity Supply Industry Planning Council – Report 2004-2005                                          56A

Employee Ombudsman, Office of – Report 2004-2005                                                          72A

Environment and Heritage, Department for – Report 2004-2005                                               92

Environment Protection Authority – Report 2004-2005                                                          95A

Essential Services Commission of South Australia – Report 2004-05                                     63A

Film Corporation, South Australian – Report 2004-2005                                                        80A

Final Budget Outcome 2003-2004                                                                                          3

Forestry SA – Report 2004-2005                                                                                       135A

Funds SA – Report 2004-2005                                                                                           30A

Further Education, Employment, Science and Technology, Dept of – Report 2003-2004          103

Government Financing Authority, South Australian – Report 2004-2005                                 48A

History Trust of South Australia – Report 2004-2005                                                           118A

Housing Trust, South Australian – Report 2004-2005                                                            42A

Independent Gambling Authority – Report 2004-2005                                                           68A

Industrial Relations Commission and Industrial Relations Court – Report 2004-2005    86A

Institute of Medical and Veterinary Science – Report 2004-2005                                           125A

Justice, Department of (Incorp Attorney General’s Annual Report) –

Report 2003-2004                                                                                     151

Report 2004-2005                                                                                    151A

Land Management Corporation – Report 2004-2005                                                 20A

Libraries Board of South Australia – Report 2004-2005                                                         54A

Liquor and Gambling Commissioner, Office of – Report 2004-2005                                        69A

Local Government Finance Authority of South Australia – Report 2004-2005               43

Local Government Grants Commission South Australia – Report 2003-2004               106

Lotteries Commission of South Australia – Report 2004-2005                                               32A

Medical Board of South Australia – Report 2003-2004                                                            57

Metropolitan Fire Service, South Australian – Report 2004-2005                                            40B

Motor Accident Commission – Report 2004-05                                                                    61A

Multicultural and Ethnic Affairs Commission, South Australian –

    Report 2003-2004                                                                                                            29

    Report 2004-2005                                                                                                          29A

Museum Board, South Australian – Report 2004-2005                                                            8A

Native Vegetation Council – Report 2004-2005                                                                    143A

Nurses Board of South Australia – Report 2004-2005                                                           82A

Ombudsman South Australia – Report 2004-2005                                                                76A

Police Complaints Authority – Report 2003-2004                                                                   94

Police Superannuation Board – Report 2004-2005                                                                55A

Premier and Cabinet, Department of the – Report 2004-2005                                                91A

Primary Industries and Resources SA – Report 2004-2005                                                  149A

Psychological Board, South Australian – Report 2004-2005                                     102A

Public Employment, Commissioner for – Report 2004-2005                                     114A

Public Trustee Office – Report 2003-2004                                                                            111

Radiation Protection & Control Act 1982, Administration of – Report 2004-2005                      97A

RESI Corporation – Report 2004-2005                                                                                 64A

SA Water – Report 2004-2005                                                                                           35A

SAICORP – Government Captive Insurance Corporation – Report 2004-2005              49A

Senior Secondary Assessment Board of South Australia – Report 2004                                  85

Soil Conservation Boards, South Australian – Report 2004-2005                                          126A

South Australia Police – Report 2004-2005                                                             53A

South Eastern Water Conservation and Drainage Board – Report 2004-2005                6A

State Electoral Office, South Australia – Report 2004-2005                                                  148A

State Emergency Service – Report 2004-2005                                                                    150A

State Opera of South Australia – Report 2004-2005                                                123A

State Supply Board – Report 2004-2005                                                                             99A

State Theatre Company of South Australia – Report 2004-2005                                             96A

Superannuation Board, South Australian (Super SA) – Report 2004-2005                               67A

Supreme Court of South Australia, Report of the Judges of the – Report 2004                        101

Teachers Registration Board of South Australia – Report 2004                                                89

Technical Regulator – Electricity – Report 2004-05                                                              77A

Technical Regulator – Gas – Report 2004-05                                                                       78A

Tourism Commission, South Australian – Report 2004-2005                                    155A

Trade and Economic Development, Department of – Report 2004-2005                                 169A

Training and Skills Commission – Report 2004                                                                    100

Transport, Energy and Infrastructure, Department for – Report 2004-2005                               37A

Treasury and Finance, Department of – Report 2004-05                                                       146A

West Beach Trust – Report 2004-2005                                                                              158A

WorkCover SA – Report 2004-2005                                                                                   165A

 

Ms Thompson

Chairman, Publishing Committee

 

13      Economic and Finance Committee - Report – Public Liability

Ms Thompson brought up the Fifty Eighth Report of the Economic and Finance Committee on Public Liability.

Report received.

Ordered to be published (Paper No 251).

 

14      Questions

Questions without notice were asked.

 

15      Speaker’s Statements – Matter of Privilege

The Speaker stated that he had considered the matter of privilege raised yesterday by Hon I F Evans, and while the Attorney General’s views may be at odds with those of the Member for Davenport, he would not give precedence to a motion because there was no likelihood of a significant obstruction to any Member.

 

16      Grievance debate

On motion of the Speaker, the House noted grievances.

 

17      Next day of sitting

The Minister for Infrastructure moved - That the House at its rising adjourn until Monday 19 December 2005 at 2.00 pm.

Hon I F Evans moved to amendment the motion by deleting “19 December 2005” and substituting “30 January 2006”.

Debate ensued.

Question – That the amendment be agreed to – put.

 

         House divided (No 2):

 

           Ayes, 21

 

           Noes, 23

Mr Brindal

Hon M J Atkinson

Mr Brokenshire

Ms Bedford

Hon D C Brown

Ms Breuer

Hon M R Buckby

Mr Caica

Ms Chapman

Ms Ciccarello

Mr Goldsworthy

Hon K O Foley

Hon G M Gunn

Mrs Geraghty

Mrs Hall

Hon J D Hill

Mr Hamilton-Smith

Hon S W Key

Mr Hanna

Mr Koutsantonis

Hon D C Kotz

Hon J D Lomax-Smith

Hon I P Lewis

Hon K A Maywald

Hon W A Matthew

Hon R J McEwen

Dr McFetridge

Mr O'Brien

Mr Meier

Ms Rankine

Mrs Penfold

Hon M D Rann

Mrs Redmond

Mr Rau

Mr Scalzi

Mr Snelling

Mr Venning

Ms Thompson

Mr Williams

Hon J W Weatherill

Hon I F Evans (Teller)

Hon P L White

 

Hon M J Wright

 

Hon P F Conlon (Teller)

 

         So it passed in the negative.

 

Question – That the motion be agreed to – put and passed.

 

18      Messages from the Legislative Council

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

 

 

         Terrorism (Preventative Detention) Amendment Bill                              Message No 128

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

         Legislative Council, 30 November 2005                                            R R Roberts, PRESIDENT

 

         Terrorism (Police Powers) Bill                                                                Message No 129

MR SPEAKER - The Legislative Council has agreed to the amendment made by the House of Assembly to the Legislative Council’s Amendment No 5 in the Terrorism (Police Powers) Bill, without any amendment.  The Bill is returned herewith.

         Legislative Council, 30 November 2005                                            R R Roberts, PRESIDENT

 

         Dust Diseases Bill                                                                                   Message No 130

MR SPEAKER - The Legislative Council has agreed to the amendments made by the House of Assembly in the Dust Diseases Bill, without any amendment.

         Legislative Council, 30 November 2005                                            R R Roberts, PRESIDENT

 

19      Postponement of business

Ordered - That Order of the Day: Government Business No 1 be postponed and taken into consideration after Order of the Day: Government Business No 2.

 

20      Statutes Amendment (Criminal Procedures) Bill

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

 

In Committee

Resolved – That the amendments be agreed to.

 

 

____________

 

         The House having resumed:

Hon P L White reported that the Committee had considered the amendments referred to it and had agreed to the same without amendment.

 

21      Statutes Amendment (Relationships No 2) Bill

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

Debate resumed.

 

22      Extension of time for adjournment

Ordered, on motion of the Minister for Infrastructure, that the time for moving the adjournment of the House be extended beyond 5.00 pm.

 

23      Statutes Amendment (Relationships No 2) Bill

Debate (interrupted by the foregoing) resumed.

Ordered, on motion of the Minister for Infrastructure (Hon P F Conlon), that the debate be further adjourned and resumed on motion.

 

24      Extension of sitting

Ordered, on motion of the Minister for Employment, Training and Further Education (Hon S W Key), that the sitting of the House be extended beyond 6.00 pm.

 

25      Messages from the Legislative Council

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

 

         Development (Miscellaneous) Amendment Bill                                      Message No 131

MR SPEAKER - The Legislative Council has agreed to Amendment No 7 in the Development (Miscellaneous) Amendment Bill without amendment, and has disagreed to Amendments Nos 1 to 6 and Nos 8 and 9 made by the House of Assembly for the reasons indicated in the annexed Schedule.  The Legislative Council returns the Bill herewith and desires its reconsideration.

         Legislative Council, 1 December 2005                                             R R Roberts, PRESIDENT

 

Schedule of the amendments made by the House of Assembly

and disagreed to by the Legislative Council

 

Amendment No 1

New clause, page 3, after line 9—

Insert:

3A—Amendment of section 3—Objects

Section 3—after paragraph (d) insert:

(da)  to facilitate the identification and protection of places of State and local heritage significance; and

 

Amendment No 2

New clauses, page 5, after line 6—

Insert:

7A—Amendment of section 25—Amendments by a council

(1)     Section 25(12)—delete subsection (12)

(2)     Section 25(15)(b)—delete paragraph (b)

 

Amendment No 3

New clauses, page 5, after line 6—

Insert:

7B—Insertion of section 25A

After section 25 insert:

25A—Heritage matters—council amendments

(1) Section 25 operates subject to the requirements of this section.

(2)  If a council is considering an amendment to a Development Plan that may involve the designation of a place as a place of local heritage value then—

(a)    the council must—

(i)          before it finalises its Plan Amendment Report under section 25(3) and (4), engage a person who is recognised by the South Australian Heritage Council as being appropriately qualified for the purpose to undertake a heritage survey; and

(ii)         subject to subsection (3), adopt the advice of that person as to whether or not a particular place should be listed as a place of local heritage value in the Development Plan and proceed to prepare any relevant draft amendment as expeditiously as possible (subject to the operation of section 25 and this section),

(although any advice as to the policies that should apply under the Development Plan in relation to such a place will be provided by the person who is providing advice to the council under section 25(3)); and

(b)    subject to any exemption under subsection (10), the council must, before it releases a Plan Amendment Report that proposes the designation of a place as a place of local heritage value for public consultation under section 25, apply to the Minister for a declaration under section 28 so that the amendment may come into operation on an interim basis under that section (and, if the Plan Amendment Report has been divided into parts under section 25(9), then only the part that relates to local heritage will be subject to this requirement).

(3) If—

(a)    the person who has undertaken a heritage survey under subsection (2)(a) has advised the council that a particular place should be listed as a place of local heritage value; but

(b)    the council believes that that place should not be so listed,

the council may, with the agreement of the Minister, release the Plan Amendment Report for public consultation without that place being listed as a place of local heritage value.

(4)  If a particular place is not listed in a proposed amendment to a Development Plan by virtue of the operation of subsection (3), the council must include a note on the matter (in accordance with any prescribed requirement) in the relevant Plan Amendment Report that is released for public consultation.

(5)  Subject to the operation of subsection (3), a council must release for public consultation as expeditiously as possible any proposed amendment to a Development Plan that designates a place as a place of local heritage value.

(6)  If a proposed amendment to a Development Plan under section 25 (after taking into account any step that has been taken under subsection (3) of this section) designates a place—

(a)    as a place of local heritage value; or

(b)    as a place within a local heritage zone or policy area, or within any other prescribed kind of zone or policy area, that should be subject to additional heritage-related policies because of its contribution (or potential contribution) to the character of the zone or area,

the council must, at the time when the relevant Plan Amendment Report is released for public consultation, give each owner of land constituting the place so designated a written notice—

(c)    informing the owner of the proposed amendment; and

(d)    inviting the owner to make submissions on the amendment to the council within the period provided for public consultation under section 25.

(7)  If the effect of a proposed amendment to a Development Plan under section 25 is that a place would cease to be designated as a place of local heritage value, the council must also give each owner of the relevant land a written notice that complies with the requirements of subsection (6).

(8)  If an owner of land notified under  subsection (6) or (7) objects to the relevant amendment within the period provided for public consultation, the Minister may, after receiving the relevant report of the council under section 25(13)(a), refer the matter to the Advisory Committee for advice and report.

(9)  If the Minister takes action under subsection (8), the owner of the land must be given a reasonable opportunity to make submissions to the Advisory Committee (in such manner as the Advisory Committee thinks fit) in relation to the matter before the Advisory Committee reports back to the Minister.

(10)       The Minister may exempt a council from the requirement to comply with subsection (2)(b).

(11)  To avoid doubt, if a council fails to comply with subsection (2)(b) (and the Minister has not granted an exemption), the Minister may proceed to make a declaration under section 28 in any event.

 

Amendment No 4

New clauses, page 5, after line 6—

Insert:

7C—Amendment of section 26—Amendments by the Minister

(1)    Section 26(6)—delete subsection (6)

(2)    Section 26(7)(b)—delete paragraph (b)

 

Amendment No 5

New clauses, page 5, after line 6—

Insert:

7D—Insertion of section 26A

After section 26 insert:

26A—Heritage matters—Ministerial amendments

(1)     Section 26 operates subject to the requirements of this section.

(2)    If the Minister is considering an amendment to a Development Plan that may involve the designation of a place of local heritage value then the Minister must—

(a)      before he or she finalises the relevant Plan Amendment Report under section 26(1), arrange for a person who is recognised by the South Australian Heritage Council as being appropriately qualified for the purpose to undertake a heritage survey; and

(b)      adopt the advice of that person as to whether or not a particular place should be listed as a place of local heritage value in the Development Plan (subject to the operation of section 26 and this section), unless the Minister considers that there are cogent reasons for not adopting that advice (and subject to the qualification that any advice as to the policies that should apply under the relevant Development Plan in relation to any listed place will be provided by the person who is providing advice to the Minister under section 26(1)).

(3)      If a particular place is not listed in a proposed amendment to a Development Plan despite the advice provided under subsection (2)(a), the Minister must include a note on the matter (in accordance with any prescribed requirement) in the relevant Plan Amendment Report that is released for public consultation.

(4)      If a proposed amendment to a Development Plan under section 26 designates a place—

(a)      as a place of local heritage value; or

(b)      as a place within a local heritage zone or policy area, or within any other prescribed kind of zone or policy area, that should be subject to additional heritage-related policies because of its contribution (or potential contribution) to the character of the zone or area,

the Minister must, at the time when the relevant Plan Amendment Report is released for public consultation, give each owner of land constituting the place so designated a written notice—

(c)      informing the owner of the proposed amendment; and

(d)      inviting the owner to make submissions on the amendment within the period provided for public consultation under section 26.

(5)      If the effect of a proposed amendment to a Development Plan under section 26 is that a place would cease to be designated as a place of local heritage value, the Minister must also give each owner of the relevant land a written notice that complies with subsection (4).

(6)      The Minister may then seek the advice of the Advisory Committee on any submission made under subsection (4) or (5).

 

Amendment No 6

New clauses, page 5, after line 6—

Insert:

7E—Amendment of section 28—Interim development control

(1)       Section 28(1)—delete "the Governor" wherever occurring and substitute, in each case:

the Minister

(2)       Section 28(4)(a)—delete "the Governor" and substitute:

the Minister

 

Amendment No 8

Page 17, heading to Schedule 1—

Delete heading and substitute:

Schedule 1—Related amendments and transitional provisions

 

Amendment No 9

Page 19, after line 4—

Insert:

Part 4—Transitional provision

9—Interpretation

In this Part—

principal Act means the Development Act 1993.

10—Heritage surveys

A heritage survey undertaken before the commencement of this clause by a person who is recognised by the South Australian Heritage Council as being appropriately qualified to undertake heritage surveys under the principal Act may be adopted by a council or the Minister under section 25A or 26A of the principal Act (as enacted by this Act) provided that the survey has been completed within the period of 5 years immediately preceding that adoption.

 

Schedule of the Reason for disagreeing with the foregoing Amendments

 

Because the amendments are undesirable.

 

         J M Davis CLERK OF THE LEGISLATIVE COUNCIL

 

         Ordered - That the Message be taken into consideration forthwith.

 

In Committee

 

         Resolved - That the amendments not be insisted on.

 

____________

 

         The House having resumed:

Mr Snelling reported that the Committee had considered the Message referred to it and had resolved not to insist on its amendments to which the Legislative Council had disagreed.

 

         Transplantation and Anatomy (Post-Mortem Examinations) Amendment Bill                                                                    Message No 132

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Transplantation and Anatomy Act 1983, with the amendment indicated by the annexed Schedule, which amendments the Legislative Council desires the concurrence of the House of Assembly.

         Legislative Council, 1 December 2005                                             R R Roberts, PRESIDENT

 

Schedule of amendment made by the Legislative Council

 

Amendment No 1

Clause 5, (new section 25), page 5, before line 39—

Insert:

(3a)        The Minister must—

(a)       within 7 days after granting consent to a post-mortem examination of the body of a deceased person under this section, notify the State Coroner of the consent; and

(b)       within 6 sitting days after so granting consent, cause a copy of the consent to be tabled in each House of Parliament

 

         J M Davis CLERK OF THE LEGISLATIVE COUNCIL

 

         Ordered - That the amendment be taken into consideration forthwith.

 

In Committee

 

         Resolved - That the amendment be agreed to with an amendment.

 

____________

 

         The House having resumed:

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

 

 

 

 

 

         Controlled Substances (Serious Drug Offences) Amendment Bill                                                                                      Message No 133

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Controlled Substance Act 1984; and to make a related amendments to the Correctional Services Act 1982, the Criminal Assets Confiscation Act 2005, the Criminal Law (Sentencing) Act 1988 and the Listening and Surveillance Devices Act 1972 with the amendments indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

         Legislative Council, 1 December 2005                                             R R Roberts, PRESIDENT

 

Schedule of amendments made by the Legislative Council

 

Amendment No 1

Clause 2, page 4, lines 1 and 2—

Delete clause 2 and substitute:

2—Commencement

(1)     Subject to this section, this Act will come into operation on a day to be fixed by proclamation.

(2)     Section 7(5) of the Acts Interpretation Act 1915 does not apply to Schedule 1 Part 2A.

 

Amendment No 2

Clause 4, page 4, line 26—

After "cannabis plant" insert:

or a cutting of a cannabis plant (provided that the cutting has been planted or otherwise placed in a growing medium)

 

Amendment No 3

Clause 4, page 4, after line 34 —

Insert:

(ca)    dry the harvested plant or part of the plant; or

 

Amendment No 4

Clause 4, page 6, line 5—

Delete "believing that another person intends to sell the drug,"

 

Amendment No 5

Clause 4, page 6, line 36—

After "finance" insert:

(including finance for the acquisition of the drug)

 

Amendment No 6

Clause 4, page 6, line 37—

After "premises" insert:

or jointly occupying premises

 

Amendment No 7

Clause 4, page 7, line 5—

After "finance" insert:

(including finance for the acquisition of equipment, substances or materials)

 

Amendment No 8

Clause 4, page 7, line 6—

After "premises" insert:

or jointly occupying premises

 

Amendment No 9

Clause 4, page 7, line 16—

After "finance" insert:

(including finance for the acquisition of the plant or equipment, substances or materials)

 

Amendment No 10

Clause 4, page 7, line 17—

After "premises" insert:

or jointly occupying premises

 

Amendment No 11

Clause 14, page 15, line 33—

After "children" insert:

and school zones

 

Amendment No 12

Clause 14, page 16, line 11—

Delete "$500 000" and substitute:

$1 000 000

 

Amendment No 13

Clause 14, page 16, after line 11—

Insert:

33FA—Sale, supply or administration of controlled drug in school zone

(1)    A person who—

(a)    sells, supplies or administers a controlled drug to another person in a school zone; or

(b)    has possession, in a school zone, of a controlled drug intending to sell, supply or administer the drug to another person,

is guilty of an offence.

Maximum penalty: $1 000 000 or imprisonment for life, or both.

(2)    If, in any proceedings for an offence against this section it is proved that the defendant had possession of a trafficable quantity of a controlled drug, it is presumed, in the absence of proof to the contrary that the defendant had the relevant intention concerning the sale or supply of the drug necessary to constitute the offence.

 

Amendment No 14

Clause 14, page 16, line 15—

Delete "$500 000" and substitute:

$1 000 000

 

Amendment No 15

Clause 14, page 19, lines 40 to 44 and page 20, lines 1 to 3—

Delete subclause (1) and substitute:

(1)     In any proceedings against a person for an offence against this Part relating to a controlled substance, the prosecution must establish that the person knew, or was reckless with respect to, the fact that the substance was or was to be a controlled substance.

 

Amendment No 16

Clause 16, page 21, line 15—

Delete "32,"

 

Amendment No 17

Schedule 1, page 28, line 1—

After "delete paragraph (b)" insert:

and substitute:

(b)    an offence of a kind that is required to be prosecuted, and dealt with by the Magistrates Court, as a summary offence under a provision of Part 5 Division 2 of the Controlled Substances Act 1984; or

 

Amendment No 18

Schedule 1, page 28, after line 1—

Insert:

Part 2A—Amendment of Criminal Law Consolidation Act 1935

2A—Amendment of section 138A—Dealing in instruments of crime

(1)    Section 138A(3), definition of crime, (b)(i)—delete subparagraph (i) and substitute:

(i)   an offence of a kind that is required to be prosecuted, and dealt with by the Magistrates Court, as a summary offence under a provision of Part 5 Division 2 of the Controlled Substances Act 1984; or

(2)    Section 138A(3), definition of serious drug offence—delete the definition

 

         Ordered - That the amendments be taken into consideration forthwith.

 

In Committee

 

         Resolved - That the amendments be agreed to.

 

____________

 

         The House having resumed:

Hon P L White reported that the Committee had considered the amendments referred to it and had agreed to the same without amendment.

 

         Botanic Gardens and State Herbarium (Lighting of Fires) Amendment Bill                                                                       Message No 134

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Botanic Gardens and State Herbarium Act 1978, without amendment.

         Legislative Council, 1 December 2005                                             R R Roberts, PRESIDENT

 

26      Conference – Children’s Protection (Miscellaneous) Amendment Bill

The Minister for Families and Communities (Hon J W Weatherill), reported as follows:

I have to report that the Managers have been at the Conference on the Children’s Protection (Miscellaneous) Bill Bill which was managed on the part of the Legislative Council by the Hon G Gago, Hon J Gazzola, Hon R D Lawson, Hon N Xenophon and Hon K Reynolds 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 18

That the Legislative Council no longer insists on its amendment but makes the following alternate amendment.

 

New clause, after clause 10—

Insert:

10B—Amendment of section 19—Investigations

Section 19(1)—delete subsection (1) and substitute:

(1)           If the Chief Executive—

(a)     suspects on reasonable grounds that a child is at risk; and

(b)      believes that the matters causing the child to be at risk are not being adequately addressed,

the Chief Executive must cause an assessment of or investigation into the circumstances of the child to be carried out or must effect an alternative response which more appropriately addresses the potential or actual risk to the child.

 

And that the House of Assembly agrees thereto.

 

As to Amendment No 19

That the Legislative Council no longer insists on its amendment and makes the following alternate amendment.

New clause, after clause 10—

Insert:

10C—Amendment of section 20—Application for order

Section 20—after its present contents (now to be designated as subsection (1))

insert:

(2)      If the Chief Executive suspects on reasonable grounds that a child is at risk as a result of the abuse of an illicit drug by a parent, guardian or other person, the Chief Executive must apply for an order under this Division directing the parent, guardian or other person to undergo a drug assessment (unless the Chief Executive is satisfied that an appropriate assessment of the parent, guardian or other person has already occurred, or is to occur).

 

And that the House of Assembly agrees thereto.

 

As to Amendment No 22

That the Legislative Council no longer insists on its disagreement to the alternate amendment of the House of Assembly.

 

27      Messages from the Legislative Council

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

 

         Transplantation and Anatomy (Post-Mortem Examinations) Amendment Bill

                                                                                                                     Message No 135

MR SPEAKER - The Legislative Council has agreed to the Amendment made by the House of Assembly to the Legislative Council’s Amendment No 1 in the Transplantation and Anatomy (Post-Mortem Examinations) Amendment Bill, without any amendment.  The Bill is returned herewith.

         Legislative Council, 1 December 2005                                         R R Roberts, PRESIDENT

 

         Conference – Children’s Protection (Miscellaneous) Amendment Bill

                                                                                                                     Message No 136

MR SPEAKER - The Legislative Council, having considered the recommendations from the Conference on the Children’s Protection (Miscellaneous) Billl, has agreed to the same. The Bill is returned herewith.

         Legislative Council, 1 December 2005                                         R R Roberts, 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.

____________

 

The House having resumed:

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

 

28      Adjournment

House adjourned at 7.11 pm until Monday 19 December 2005 at 2.00 pm.

 

____________

 

 

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

 

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

 

 

 

 

         Division No 1 -

               Ayes - The Premier (Hon M D Rann) and the Minister Assisting the Premier in Social Inclusion.

               Noes - Hon M R Buckby and Mrs Hall.

 

         Division No 2 -

               Ayes – Leader of the Opposition (Hon R G Kerin).

               Noes - The Minister Assisting the Premier in Social Inclusion.

 

 

 

 

 

 

 

 

 

 

                                                                                                                        Hon R B Such

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

EXTRACT FROM THE GOVERNMENT GAZETTE, 8 DECEMBER 2005

 

Department of the Premier and Cabinet

Adelaide, 8 December 2005

HER Excellency the Governor directs it to be notified for general information that she has in the name and on behalf of Her Majesty The Queen, this day assented to the undermentioned Acts passed by the Legislative Council and House of Assembly in Parliament assembled, viz.:

No. 67 of 2005 - An Act to amend the Retirement Villages Act 1987.

No. 68 of 2005 - An Act to amend the Local Government Act 1999; and to make a related amendment to the Development Plan under the Development Act 1993.

No. 69 of 2005 - An Act to establish a legislative framework that promotes the special status, attributes and character of the Adelaide Park Lands; to provide for the protection of those park lands and for their management as a world-class asset to be preserved as an urban park for the benefit of present and future generations; to amend the City of Adelaide Act 1998, the Development Act 1993, the Highways Act 1926, the Local Government Act 1934, the Local Government Act 1999, the National Wine Centre (Restructuring and Leasing Arrangements) Act 2002, the Roads (Opening and Closing) Act 1991, the South Australian Motor Sport Act 1984 and the Waterworks Act 1932; and for other purposes.

No. 70 of 2005—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.

No. 71 of 2005— 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.

No. 72 of 2005—  An Act to amend the Botanic Gardens and State Herbarium Act 1978.

No. 73 of 2005—  An Act to amend the Guardianship and Administration Act 1993.

No. 74 of 2005— An Act to amend the Criminal Law Consolidation Act 1935; the Criminal Law (Forensic Procedures) Act 1998; the Director of Public Prosecutions Act 1991; the Magistrates Court Act 1991; and the Summary Procedure Act 1921.

No. 75 of 2005—  An Act to amend the Transplantation and Anatomy Act 1983.

No. 76 of 2005—An Act to amend the Children's Protection Act 1993; and to make a related amendment to the Family and Community Services Act 1972.

No. 77 of 2005— An Act to amend the Road Traffic Act 1961; and to make related amendments to other Acts.

No. 78 of 2005—An Act to provide more expeditious remedies for those suffering from disabilities resulting from exposure to dust; and for other purposes.

No. 79 of 2005— An Act to amend the Development Act 1993; and to make related amendments to the Natural Resources Management Act 2004 and the River Murray Act 2003.

No. 80 of 2005—An Act to amend the Controlled Substances Act 1984; and to make related amendments to the Correctional Services Act 1982, the Criminal Assets Confiscation Act 2005, the Criminal Law Consolidation Act 1935, the Criminal Law (Sentencing) Act 1988 and the Listening and Surveillance Devices Act 1972.

No. 81 of 2005— An Act to amend the Criminal Law Consolidation Act 1935; the Bail Act 1985; the Harbors and Navigation Act 1993; and the Road Traffic Act 1961.

By command,

J. D. Hill, for Premier

 

 

 

 

 

 

 

 

 

EXTRACT FROM THE GOVERNMENT GAZETTE, 8 DECEMBER 2005

 

South Australia

 

Constitution (Prorogation of Parliament) Proclamation 2005

 

under section 6 of the Constitution Act 1934

 

1---Short title

               This proclamation may be cited as the Constitution (Prorogation of Parliament) Proclamation 2005.

 

2---Commencement

               This proclamation comes into operation on the day on which it is made.

 

3---Prorogation of Parliament

               I prorogue the Parliament of South Australia until 28 February 2006.

 

Made by the Governor

with the advice and consent of the Executive Council

on 8 December 2005

 

 

EXTRACT FROM THE GOVERNMENT GAZETTE, 20 FEBRUARY 2006

 

South Australia

 

Constitution (Prorogation of Parliament and Dissolution of House of Assembly) Proclamation 2006

 

under sections 6 and 28 of the Constitution Act 1934

 

1—Short title

This proclamation may be cited as the Constitution (Prorogation of Parliament and Dissolution of House of Assembly) Proclamation 2006.

 

2—Commencement

This proclamation comes into operation on the day on which it is made.

3—Prorogation of Parliament

I prorogue the Parliament of South Australia until 4 May 2006.

 

4—Dissolution of House of Assembly

I dissolve the House of Assembly.

 

Made by the Governor

with the advice and consent of the Executive Council

on 20 February 2006