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House of Assembly - Fifty-Fifth Parliament, First Session (55-1)
2022-10-19 Daily Xml
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Bills

Shop Trading Hours (Extension of Hours) Amendment Bill

Committee Stage

Debate resumed.

Mr TEAGUE: Shall we all sing?

The CHAIR: No, that is taking it too far. I was trying to buy you some time. I was trying to be lenient.

Mr TEAGUE: I was just waiting for the call.

The CHAIR: I gave you the call and asked what you were doing.

Mr TEAGUE: You asked me if I was going to ask a question.

The CHAIR: Then you spoke to your colleague and were looking for papers.

Mr TEAGUE: Mr Chair, given some of what has gone on previously, I did not want things to get any more testy than they were in the lead-up to previous divisions. I was looking for the call.

The CHAIR: I did not notice anything testy. Did you? I did not notice anything testy.

Mr TEAGUE: I might have—

The CHAIR: This is your first contribution.

Mr TEAGUE: Really?

The CHAIR: Yes.

Mr TEAGUE: I have the call?

The CHAIR: You have had the call for the last five minutes and if you do not actually start making use of your call I will go to the next speaker.

Mr TEAGUE: Thanks very much, Chair. If I may, Mr Chair, I will just consult my colleague briefly.

The CHAIR: No, I am sorry, you had a chance.

Mr TEAGUE: The minister has his—

The CHAIR: Let me finish. You are now being disrespectful to the Chair and I will take this further if you do not now proceed quickly.

Mr TEAGUE: Thank you, Chair. What consultation does the minister imagine seeing fit for the process and what would you see is appropriate under subsection (2)(d)?

The Hon. J.K. SZAKACS: I am advised that the minister has already written and consulted with numerous employer and employee associations. I am happy to take on notice who that has been and about the intention for the 21st, 22nd and 23rd to be gazetted. I am advised that there has been no indicated opposition to that proposal by the minister and that the intention would be to gazette that imminently.

Mr TEAGUE: So that is a preview of this year?

The Hon. J.K. SZAKACS: Yes.

Mr TEAGUE: In respect of the regime that is the subject of clause 6 and given that it sets out a structure that applies in part through the week and in part for the purposes of those special days each year, what arrangements are in place in other states of Australia on public holidays and were any or all of the models that apply interstate considered in terms of arriving at this structure for this state? I certainly invite the minister to take the opportunity to reflect on how this leaves South Australia relative to other jurisdictions within Australia.

The Hon. J.K. SZAKACS: I will take the member's question regarding the jurisdictional snapshot on notice and I will come back to him with what information I can.

Mr TEAGUE: Perhaps just an indication in that case—and I appreciate that being taken on notice—were any of those considered in terms of arriving at what we see in clause 6?

The Hon. J.K. SZAKACS: I will take that on notice.

The Hon. D.G. PISONI: This clause relates to hours during which shops may open. Is the minister able to advise the house whether a shop, whose square metreage restricts them to trading under the prescribed trading hours, can temporarily reduce that square metreage to remain open to trade beyond 5pm on a Saturday or Sunday and other times in which shops of that normal size, that is without alteration, can trade under the legislation?

The Hon. J.K. SZAKACS: I thank the member for his question. I refer to my previous answers with respect to his inquiry on—

The Hon. D.G. PISONI: No, there was no answer. There was no answer.

The CHAIR: The member has asked a question and the minister has answered it. The member goes to question No.2.

The Hon. D.G. PISONI: With all due respect, Chair, there has been no answer. I have asked whether the shop can remain open if it adjusts its floor size to meet the smaller floor sizes that prevent that shop from being able to trade beyond the prescribed trading hours in this bill. It is a very relevant question.

The CHAIR: No, the question that you have asked now I think at least three times that I can recall, the minister has answered it on every occasion and the minister has indicated that nothing changes from the existing arrangements in that act. He has mentioned that.

The Hon. D.G. PISONI: I want to put on the record he has not answered that question. It simply requires a yes or a no. He said he will not answer hypothetical questions. He has not answered the question.

The CHAIR: It is not a point of order.

The Hon. D.G. PISONI: And that question is not hypothetical. It happens now.

The CHAIR: There is no point of order. The member will resume his seat. Do you have another question? No, you do not. Does anybody on my left have another question? No.

Clause passed.

Clause 7 passed.

Clause 8.

Mr COWDREY: I would just like to indicate for the benefit of the committee that the opposition supports this clause.

Clause passed.

Clause 9 passed.

Schedule.

Mr TEAGUE: This is an opportunity to clear up what we might have had an opportunity to clear up earlier when we were dealing with clause 5. I take the opportunity to refer to section 8 of the act setting out the powers of inspectors. I understand, and for the benefit of the committee and the record, that the section 8 powers of inspectors are unchanged. I think the minister has said that eloquently, I might say, by saying nothing more than section 8 does not change.

The powers of the inspector as prescribed in section 8 are unchanged. The capacity of now the minister substituted for the Governor by clause 5(1) to make an appointment of an inspector subject to conditions that are specified in the instrument of the appointment, subject to clause 5(2), are not conditions that would vary, detract from, expand or otherwise alter section 8 powers of inspectors. If I have that right, is the minister able to indicate then and perhaps expand upon what in fact those conditions are that are contemplated by clause 5(2)?

The Hon. J.K. SZAKACS: The member is correct: subsection (8) is not subverted in any way, as advised to me by the conditions under which the minister will appoint under subsection (8). As to the nature of those likely or potentially, if I can bring back to the member, other similar applications, I will do so; I will take that on notice.

Mr COWDREY: Just a final question from me: in regard to inspectors, will the changes made to the act have any impact on resourcing in terms of the number of inspectors at SafeWork SA?

The Hon. J.K. SZAKACS: No, it is not anticipated.

Mr TEAGUE: It might be that the minister has said all he is going to say, but I will just indicate that at least as far as I am concerned the meaning then of 'made subject to conditions' in 5(2) in what will be the new subsection (3), and 'vary, revoke or add a condition of an appointment' perhaps is even more unclear. I thought we were getting to an understanding of what that meant earlier in respect of the minister's answer in relation to SafeWork SA employees who might also be employed as inspectors and therefore conditions might relate to the scope of their work or something. I just indicate that I am unclear as to what those conditions might amount to and, if there is anything at all that might provide some sort of characterisation of them, that would be of assistance.

The Hon. J.K. SZAKACS: In one of my previous answers I referred to the fact that those conditions may reflect employment conditions, including the fact that an inspector must remain an employee of SafeWork SA, but I did undertake in my previous answer to take on notice a more comprehensive list or otherwise for the member.

Schedule passed.

Title passed.

Bill reported without amendment.


At 17:58 the house adjourned until Thursday 20 October 2022 at 11:00.


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