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Minutes of Proceedings - 1999-04-22

Eighth Assembly First Session 20/04/1999 Parliamentary Record No. 15
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Date : 22/04/1999
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1. MEETING:
    The Assembly met at 10.00 h. The Speaker, the Honourable T R McCarthy, took the Chair.

2. PRAYERS.

3. MESSAGE FROM THE ADMINISTRATOR:
    The Speaker (Mr McCarthy) advised Honourable members that he had received the following Message from His Honour the Administrator:
    Message No. 13

    Assent to Proposed Laws

    I, NEIL RAYMOND CONN, the Administrator of the Northern Territory of Australia, advise the Legislative Assembly of my assent, pursuant to section 7 of the Northern Territory (Self-Government Act) 1978 of the Commonwealth, to the following proposed laws:


    19 February 1999:
        Lands and Mining (Miscellaneous Amendments) Act 1999 (No. 1 of 1999)
    26 February 1999:
        Penalties Act 1999 (No. 2 of 1999)
        Sentencing Amendment Act 1999 (No. 4 of 1999)
        Interpretation Amendment Act 1999 (No. 3 of 1999)
        Legislative Assembly Member’s Superannuation Amendment Act 1999 (No. 5 of 1999)
    9 March 1999:
        Community Welfare Amendment Act 1999 (No. 6 of 1999)
        Criminal Code Amendment (No. 2) 1999 (No. 9 of 1999)
        Criminal Code Amendment Act 1999 (No. 8 of 1999)
        Justices Amendment Act 1999 (No. 7 of 1999)
    25 March 1999:
        Nursing Act 1999 (No. 10 of 1999)
        Mental Health and Related Services (Consequential Amendments) Act 1999 (No. 11 of 1999)
        Juvenile Justice Amendment Act 1999 (No. 12 of 1999)
        Crimes (Victims Assistance) Amendment Act 1999 (No. 13 of 1999)
    1 April 1999:
        Taxation (Administration) Amendment Act 1999 (No. 14 of 1999)

    Dated 21st April 1999.
    (Sgd) NEIL CONN
    Administrator
    (Paper 1045)

4. LEAVE OF ABSENCE:
    The Leader of the Opposition (Ms Martin), by leave, moved – That leave of absence be granted to the Member for Barkly (Mrs Hickey) and the Member for Arnhem (Mr Ah Kit) for this sitting today.
    Question - put and passed.
5. PETITION:
    The Member for Jingili (Mr Balch) presented a petition (No. 18) from 351 petitioners requesting support for the maintenance of bilingual programs in Northern Territory schools (Paper 1046).

6. NOTICES:
    The following notices were given:
    Mr Burke; To present the Statute Law Revision Bill 1999 (Serial 155).
    Mr Palmer: To present the Stock Diseases Amendment Bill 1999 (Serial 153).
7. QUESTIONS:
    10:05 Ms Martin to Mr Burke.
    10:14 Mr Mitchell to Mr Dunham.
    10:17 Mr Stirling to Mr Burke.
    Paper tabled: The Member for Nhulunbuy (Mr Stirling) laid on the Table the following Paper -
Consultancy Contract for the purposes of section 5 of the Public Service Act, Agreement between Mr Peter Conran of the Northern Territory Government and Mr Mark Textor, Territory Focus Consulting (Paper 1047).
    10:20 Mr Hatton to Mr Manzie.
    10:22 Mr Stirling to Mr Burke.
    Paper tabled: The Member for Nhulunbuy (Mr Stirling) laid on the Table the following Paper -
Transcript, Focus Group Discussion led by Liberal Party Pollster Mark Textor 21 April 1993 at Darwin Travelodge (Paper 1048).
    10:24 Mr Lugg to Mr Burke.
    10:29 Mr Stirling to Mr Burke.
    Paper tabled: The Member for Nhulunbuy (Mr Stirling) laid on the Table the following Paper -
Video tape of Focus Group Discussion led by Liberal Party Pollster Mark Textor 21 April 1993 at Darwin Travelodge (Paper 1049).
    10:31 Mr Elferink to Mrs Braham.
    10:37 Mr Bailey to Mr Burke.
    10:39 Mr Elferink to Mr Coulter.
    10:41 Mr Stirling to Mr Burke.
8. CENSURE OF CHIEF MINISTER RE PUBLICLY FUNDED VOTER OPINION RESEARCH – MOTION NEGATIVED:
    The Member for Nhulunbuy (Mr Stirling) moved – That so much of Standing Orders be suspended as would prevent him moving a motion censuring the Chief Minister for taxpayer funded voter opinion research.
    The Leader of Government Business (Mr Coulter) informed the Assembly that the Government would, pursuant to Standing Order 95, accept the motion as a censure motion.

    The Member for Nhulunbuy (Mr Stirling) thereupon moved – That this Assembly censure the Chief Minister for:

    (a) continuing to employ senior political advisor Paul Cowdy despite his key role in authorising Mark Textor to conduct illegitimate and deceptive focus groups;

    (b) endorsing Mark Textor‘s lying to Territorians whilst conducting taxpayer funded focus groups;

    (c) endorsing the misuse of Territory taxpayers’ money to conduct party political focus groups aimed at assisting the Country Liberal Party to fight elections;

    (d) failing to uphold his role as Chief Law Officer of the Northern Territory in refusing to take action over this issue; and

    (e) failing to support Labor’s call for an inquiry into this disgraceful, misuse of Territory taxpayer’s money. (Paper 1050)

    Debate ensued.
    The Chief Minister (Mr Burke) moved – That the question be now put.
    Question - That the question be now put - put.
    The Assembly divided (the Speaker, Hon. T.R. McCarthy, in the Chair) -

    AYES, 14 NOES, 5

    Mr Balch Mr Bailey
    Mrs Braham Ms Martin
    Mr Burke Mr Rioli
    Mr Coulter Mr Stirling
    Mr Dunham Mr Toyne
    Mr Elferink
    Mr Hatton
    Mr Lugg
    Mr Manzie
    Mr Mitchell
    Mr Palmer
    Mr Poole
    Mr Reed
    Mr Stone

    And so it was resolved in the affirmative.
    Question - That the motion be agreed to - put.
    The Assembly divided (the Speaker, Hon. T.R. McCarthy, in the Chair) -

    AYES, 5 NOES, 15

    Mr Bailey Mr Balch
    Ms Martin Mrs Braham
    Mr Rioli Mr Burke
    Mr Stirling Mr Coulter
    Mr Toyne Mr Dunham
    Mr Elferink
    Mr Hatton
    Mr Lugg
    Mr McCarthy
    Mr Manzie
    Mr Mitchell
    Mr Palmer
    Mr Poole
    Mr Reed
    Mr Stone

    Motion negatived accordingly.
9. SUSPENSION OF STANDING ORDERS - MOVE MOTION CENSURING CHIEF MINISTER – MOTION NEGATIVED:
    The Member for Wanguri (Mr Bailey) moved – That, so much of Standing Orders be suspended as would prevent my moving, this Assembly censure the Chief Minister for failing to allow evidence to be presented to show he has continued to mislead Territorians and this Assembly over improper activities of former CLP governments (Paper 1052).
    The Leader of Government Business (Mr Coulter) moved – That the question be now put.
    Question - That the question be now put - put.
    The Assembly divided (the Speaker, Hon. T.R. McCarthy, in the Chair) -

    AYES, 13 NOES, 5

    Mr Balch Mr Bailey
    Mrs Braham Ms Martin
    Mr Coulter Mr Rioli
    Mr Dunham Mr Stirling
    Mr Elferink Mr Toyne
    Mr Hatton
    Mr Lugg
    Mr Manzie
    Mr Mitchell
    Mr Palmer
    Mr Poole
    Mr Reed
    Mr Stone

    And so it was resolved in the affirmative.
    Question - That the motion be agreed to - put.
    The Assembly divided (the Speaker, Hon. T.R. McCarthy, in the Chair) -

    AYES, 5 NOES, 15

    Mr Bailey Mr Balch
    Ms Martin Mrs Braham
    Mr Rioli Mr Burke
    Mr Stirling Mr Coulter
    Mr Toyne Mr Dunham
    Mr Elferink
    Mr Hatton
    Mr Lugg
    Mr McCarthy
    Mr Manzie
    Mr Mitchell
    Mr Palmer
    Mr Poole
    Mr Reed
    Mr Stone

    Motion negatived accordingly.
10. ACCESS TO INFORMATION AND RECORDS – MINISTERIAL STATEMENT – STATEMENT NOTED:
    The Chief Minister (Mr Burke) made a statement relating to personal information and privacy of records (Paper 1051).
    Mr Burke moved – That the Assembly take note of the Statement.
    Debate ensued.
    Paper tabled: The Member for Wanguri (Mr Bailey) laid on the Table the following Paper –
Letter, Mr Mark Textor, Territory Focus Consulting, Public Affairs Consultant to Mr Paul Cowdy, Chief of Staff, Office of the Chief Minister, dated 19 April 1993 (Paper 1053).
    Debate continued.
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    Suspension of sitting: The sitting was suspended between 12:10h and 14:15h.
____________________
    Debate resumed.
    Question – put and passed.

11. INCURSION OF THE BLACK STRIPED MUSSEL INTO NORTHERN TERRITORY WATERS – MINISTERIAL STATEMENT – STATEMENT NOTED:
    The Minister for Industry and Fisheries (Mr Palmer) made a statement relating to the introduction of the black striped mussel into Northern Territory waters (Paper 1057).
    Mr Palmer moved – That the Assembly take note of the Statement.
    Debate ensued.
    Question – put and passed.

12. LEGAL PRACTITIONERS AMENDMENT BILL 1999(Serial 151):
    The Attorney-General (Mr Burke), pursuant to notice, presented a Bill for an Act to amend the Legal Practitioners Act.
    Bill read a first time.
    Mr Burke moved – That the Bill be now read a second time.
    On the motion of the Member for Wanguri (Mr Bailey) debate was adjourned.
13.BATCHELOR INSTITUTE OF INDIGENOUS TERTIARY EDUCATION BILL 1999(Serial 152):
    The Minister for Resource Development (Mr Manzie), on behalf of and at the request of the Minister for Tertiary Education and Training (Mr Adamson), pursuant to notice, presented a Bill for an Act establish an educational institution for the tertiary education of indigenous people of Australia and the provision of other educational and training programs and courses, and facilities and resources for research and study, and for related purposes.
    Bill read a first time.
    Mr Manzie moved – That the Bill be now read a second time.
    On the motion of the Member for Stuart (Mr Toyne) debate was adjourned.
14.BAIL AMENDMENT BILL 1999 (Serial 139):
    The Order of the Day having been read for the resumption of debate on the question – That the Bill be now read a second time –
    Debate ensued.
    Question – put and passed.
    Bill read a second time.

    In Committee
    (Chairman - Mr Mitchell)

    Bill, by leave, taken as a whole.
    On the motion of the Chief Minister (Mr Burke) the following amendment was agreed to, after debate –
    In clause 2, add at the end of proposed subsection (2) ', including the Supreme Court'.
    Bill, as amended, agreed to.
    Bill to be reported with an amendment.
    The Assembly resumed.
    The Speaker resumed the Chair, the Chairman (Mr Mitchell) reported that the Committee had considered the Bill and agreed to the same with an amendment.
    On the motion of the Attorney-general(Mr Burke) the Bill was read a third time and passed to be a proposed law.
15.REAL PROPERTY AMENDMENT BILL 1999 (Serial 142); UNIT TITLES AMENDMENT BILL 1999 (Serial 143); and REAL PROPERTY (UNIT TITLES) AMENDMENT BILL 1999 (Serial 144):
    The Order of the Day having been read for the resumption of the debate on the question – That the Bills be now read a second time –
    Debate resumed.
    Question – put and passed.
    Bills read a second time.
    On the motion of the Chief Minister (Mr Burke) the Bills were read a third time and passed to be proposed laws.

16. ADJOURNMENT:
    The Chief Minister (Mr Burke) moved - That the Assembly do now adjourn.
    Debate ensued.
    Papers tabled: The Member for Stuart (Mr Toyne) laid on the Table the following Papers –
Article, Old Post Office site is declared part of heritage, Centralian Advocate, dated 9th April 1999 (Paper 1058); and
Declaration of Heritage Place – Former Alice Springs Post Office, Heritage Conservation Act, dated 30 March 1999 (Paper 1059).

    Debate continued.
    Question – put and passed.
    And the Assembly adjourned at 17:40h until 10:00h on Tuesday 27 April 1999.
    PAPERS:
    The following Papers were deemed to have been presented on Thursday 22 April 1999:

    Plans of Management:
    Anna’s Reservoir Conservation Reserve, February 1999 (Paper 1054)
    Henbury Meteorites Conservation Reserve, January 1999 (Paper 1055)
    Ryan Well Historical Reserve, January 1999 (Paper 1056)
    Ryan Well Historical Reserve, Plan of Management Review of Public Comments, October 1999 (Paper 1060)

    ATTENDANCE:
    All Members attended the sitting except Dr Lim, Mrs Hickey and Mr Ah Kit on leave.

    Ian McNeill
    Clerk of the Legislative Assembly
Last updated: 04 Aug 2016
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