<!--The Official Report of Parliamentary Debates (Hansard) of the Legislative Council and the House of Assembly of the Parliament of South Australia are covered by parliamentary privilege. Republication by others is not afforded the same protection and may result in exposure to legal liability if the material is defamatory. You may copy and make use of excerpts of proceedings where (1) you attribute the Parliament as the source, (2) you assume the risk of liability if the manner of your use is defamatory, (3) you do not use the material for the purpose of advertising, satire or ridicule, or to misrepresent members of Parliament, and (4) your use of the extracts is fair, accurate and not misleading. Copyright in the Official Report of Parliamentary Debates is held by the Attorney-General of South Australia.-->
<hansard id="" tocId="" xml:lang="EN-AU" schemaVersion="1.0" xmlns:xlink="http://www.w3.org/1999/xlink" xmlns:xml="http://www.w3.org/XML/1998/namespace" xmlns:xsi="http://www.w3.org/2007/XMLSchema-instance" xmlns:mml="http://www.w3.org/1998/Math/MathML" xsi:noNamespaceSchemaLocation="hansard_1_0.xsd">
  <name>House of Assembly</name>
  <date date="2015-12-02" />
  <sessionName>Fifty-Third Parliament, Second Session (53-2)</sessionName>
  <parliamentNum>53</parliamentNum>
  <sessionNum>2</sessionNum>
  <parliamentName>Parliament of South Australia</parliamentName>
  <house>House of Assembly</house>
  <venue></venue>
  <reviewStage>published</reviewStage>
  <startPage num="3873" />
  <endPage num="3964" />
  <dateModified time="2022-08-06T14:30:00+00:00" />
  <proceeding>
    <name>Bills</name>
    <text id="20151202b091768e2b404132a0001239">
      <heading>Bills</heading>
    </text>
    <subject>
      <name>Motor Vehicles (Trials of Automotive Technologies) Amendment Bill</name>
      <bills>
        <bill id="r3840">
          <name>Motor Vehicles (Trials of Automotive Technologies) Amendment Bill</name>
        </bill>
      </bills>
      <text id="20151202b091768e2b404132a0001240">
        <heading>Motor Vehicles (Trials of Automotive Technologies) Amendment Bill</heading>
      </text>
      <subproceeding>
        <name>Committee Stage</name>
        <text id="20151202b091768e2b404132a0001241">
          <heading>Committee Stage</heading>
        </text>
        <text id="20151202b091768e2b404132a0001242">In committee.</text>
        <text id="20151202b091768e2b404132a0001243">Clauses 1 to 3 passed.</text>
        <text id="20151202b091768e2b404132a0001244">Clause 4.</text>
        <talker role="member" id="4843">
          <name>Mr WINGARD</name>
          <house>House of Assembly</house>
          <text id="20151202b091768e2b404132a0001245">
            <by role="member" id="4843">Mr WINGARD:</by>  I thank the minister for covering most of the questions that were raised by me. It appears in your references that the member for Schubert raised similar questions. I just want a little bit of clarity—and I do not think it will take long because you did cover it quite well—on part D and the bit about the public liability. You talked about the public liability matching the risk. At what stage will the public know the figure that was talked about that will be there for coverage for a test for an autonomous vehicle?</text>
        </talker>
        <talker role="member" id="4842">
          <name>The Hon. S.C. MULLIGHAN</name>
          <house>House of Assembly</house>
          <page num="3949" />
          <text id="20151202b091768e2b404132a0001246">
            <by role="member" id="4842">The Hon. S.C. MULLIGHAN:</by>  In my summating comments earlier, I made reference to the details of the trial being published a month earlier and that stands; however, I misspoke. I said that those details will be published in the <term>Government Gazette</term>. The bill does not require them to be published in the <term>Government Gazette</term>. The bill requires them to be published online according to section 134D(5) where it says '…authorised trial to be published on a website...'</text>
          <text id="20151202b091768e2b404132a0001247">The details of the trial are anticipated to include the nature of the trial, the conduct of the vehicles, and the details of the vehicles, etc. I should be absolutely clear that the legislation does not specifically require the insurance details to be published on that website; however, the government undertakes to do that within those notices published on the website.</text>
        </talker>
        <talker role="member" id="4843">
          <name>Mr WINGARD</name>
          <house>House of Assembly</house>
          <text id="20151202b091768e2b404132a0001248">
            <by role="member" id="4843">Mr WINGARD:</by>  On the same one again: is there an ability for the government to investigate the insurance company to ensure that you are comfortable that it is adequate coverage and that we are covered?</text>
        </talker>
        <talker role="member" id="4842">
          <name>The Hon. S.C. MULLIGHAN</name>
          <house>House of Assembly</house>
          <text id="20151202b091768e2b404132a0001249">
            <by role="member" id="4842">The Hon. S.C. MULLIGHAN:</by>  I think the short answer is yes. In my earlier comments, I think the member for Schubert made a good point, and the point he was getting at is: how can we be comfortable that the insurance policy that they may have, that they advised the government of, is, for want of a better term or terms, operable and enforceable in Australia? I would anticipate that, amongst the other details of the trial, that will be a critical element for us to make sure that the level of insurance that we require for them to be able to undertake the trial is not just at a level which satisfies us but, importantly, that the policy is both operable and, in particular, enforceable in our state.</text>
          <text id="20151202b091768e2b404132a0001250">Clause passed.</text>
          <text id="20151202b091768e2b404132a0001251">Clause 5.</text>
        </talker>
        <talker role="member" id="4843">
          <name>Mr WINGARD</name>
          <house>House of Assembly</house>
          <text id="20151202b091768e2b404132a0001252">
            <by role="member" id="4843">Mr WINGARD:</by>  I have a question on new section 134B(2), where it talks about vehicles. I just want clarification again. I know this was asked by me and the member for Schubert during our speeches, and you have touched on this, but I am again seeking clarification. We have talked about whether or not we can have autonomous buses, trams, trains or the like, and I think you indicated we could, so I just want to know, again for the record: have you ruled any vehicles out and/or, given the fact that we are looking deep into the future and who knows what vehicles we are going to have and what they will be called, how is that covered? Can we have autonomous buses and trucks, etc.?</text>
        </talker>
        <talker role="member" id="4842">
          <name>The Hon. S.C. MULLIGHAN</name>
          <house>House of Assembly</house>
          <text id="20151202b091768e2b404132a0001253">
            <by role="member" id="4842">The Hon. S.C. MULLIGHAN:</by>  The advice that has been provided to me is that we can countenance any vehicle which is defined by and provided for by the Motor Vehicles Act. I will just see if this bill gives me the ability to provide an exemption from those definitions within the Motor Vehicles Act to cast the net wider.</text>
          <text id="20151202b091768e2b404132a0001254">I am advised that the class of vehicles which we would be excluding are trains because they are not provided for by the Motor Vehicles Act, so the guidance will be provided by what is in the Motor Vehicles Act. What I might do is come back, perhaps between houses, and provide you with some advice about whether I have flexibility to provide for other vehicles which may not be countenanced by the Motor Vehicles Act through some sort of exemptive capacity through this legislation.</text>
        </talker>
        <talker role="member" id="4843">
          <name>Mr WINGARD</name>
          <house>House of Assembly</house>
          <text id="20151202b091768e2b404132a0001255">
            <by role="member" id="4843">Mr WINGARD:</by>  I am looking at 134H, which reads:</text>
          <text id="20151202b091768e2b404132a0001256">
            <inserted>(a)&amp;#x9;a policy of public liability insurance indemnifying the owner and any authorised driver or operator of the vehicle in an amount not less than the amount specified by the Minister in relation to the trial…</inserted>
          </text>
          <text continued="true" id="20151202b091768e2b404132a0001257">Again, that refers back to the answer I think you gave earlier that you will be publishing that on the website, as you pointed out.</text>
        </talker>
        <talker role="member" id="4842">
          <name>The Hon. S.C. MULLIGHAN</name>
          <house>House of Assembly</house>
          <text id="20151202b091768e2b404132a0001258">
            <by role="member" id="4842">The Hon. S.C. MULLIGHAN:</by>  I am advised that the legislation does not specifically require us to publish the insurance details; however, I undertake to the house that we will be publishing those details in association with the notice that we publish on the website.</text>
        </talker>
        <talker role="member" id="4843">
          <name>Mr WINGARD</name>
          <house>House of Assembly</house>
          <text id="20151202b091768e2b404132a0001259">
            <by role="member" id="4843">Mr WINGARD:</by>  Fantastic, thank you. I will move on to 134I—Offence to hinder authorised trial or interfere with equipment:</text>
          <text id="20151202b091768e2b404132a0001260">
            <inserted>(1)&amp;#x9;A person who, without reasonable excuse—</inserted>
          </text>
          <text id="20151202b091768e2b404132a0001261">
            <item sublevel="2">
              <inserted>(a)&amp;#x9;hinders or obstructs the undertaking of an authorised trial; or</inserted>
            </item>
          </text>
          <page num="3950" />
          <text id="20151202b091768e2b404132a0001262">
            <item sublevel="2">
              <inserted>(b)&amp;#x9;interferes with any equipment or device relating to an authorised trial…</inserted>
            </item>
          </text>
          <text id="20151202b091768e2b404132a0001263">
            <item sublevel="2">
              <inserted>Maximum penalty: $10 000.</inserted>
            </item>
          </text>
          <text continued="true" id="20151202b091768e2b404132a0001264">Given the scope and the possibility for terrorism in this day and age—not that we want to talk about it, but it is something we must cover off—are you happy and comfortable that that figure is a big enough deterrent to cover those sorts of concerns and where this could potentially go to, given the access that someone could have if they can tap into this sort of operation?</text>
        </talker>
        <talker role="member" id="4842">
          <name>The Hon. S.C. MULLIGHAN</name>
          <house>House of Assembly</house>
          <text id="20151202b091768e2b404132a0001265">
            <by role="member" id="4842">The Hon. S.C. MULLIGHAN:</by>  I am advised that there are other offences under other pieces of legislation which could quite possibly apply in the scenario which you allude to; in particular, cybercrime offences under the Criminal Law Consolidation Act. I assume that there are other national pieces of legislation which would also be of relevance.</text>
          <text id="20151202b091768e2b404132a0001266">Clause passed.</text>
          <text id="20151202b091768e2b404132a0001267">Title passed.</text>
          <text id="20151202b091768e2b404132a0001268">Bill reported without amendment.</text>
        </talker>
      </subproceeding>
      <subproceeding>
        <name>Third Reading</name>
        <text id="20151202b091768e2b404132a0001269">
          <heading>Third Reading</heading>
        </text>
        <talker role="member" id="4842" kind="speech">
          <name>The Hon. S.C. MULLIGHAN</name>
          <house>House of Assembly</house>
          <electorate id="">Lee</electorate>
          <portfolios>
            <portfolio id="">
              <name>Minister for Transport and Infrastructure</name>
            </portfolio>
            <portfolio id="">
              <name>Minister Assisting the Minister for Planning</name>
            </portfolio>
            <portfolio id="">
              <name>Minister Assisting the Minister for Housing and Urban Development</name>
            </portfolio>
          </portfolios>
          <startTime time="2015-12-02T17:29:07" />
          <text id="20151202b091768e2b404132a0001270">
            <timeStamp time="2015-12-02T17:29:07" />
            <by role="member" id="4842">The Hon. S.C. MULLIGHAN (Lee—Minister for Transport and Infrastructure, Minister Assisting the Minister for Planning, Minister Assisting the Minister for Housing and Urban Development) (17:29):</by>  I move:</text>
          <text id="20151202b091768e2b404132a0001271">
            <inserted>That this bill be now read a third time.</inserted>
          </text>
          <text id="20151202b091768e2b404132a0001272">Bill read a third time and passed.</text>
        </talker>
      </subproceeding>
    </subject>
  </proceeding>
</hansard>