Minutes of Proceedings - 1996-02-29
Seventh Assembly First Session 27/02/1996 Parliamentary Record No. 20
__________________________________________________________________________________
Date : 29/02/1996__________________________________________________________________________________
1. MEETING:
2. PRAYERS.
3. LEAVE OF ABSENCE:
AYES, 15 NOES, 8
Mr Adamson Mr Ah Kit
Mrs Braham Mr Bailey
Mr Burke Mr Bell
Mr Coulter Mr Ede
Mr Finch Mrs Hickey
Mr Hatton Ms Martin
Dr Lim Mrs Padgham-Purich
Mr Manzie Mr Stirling
Mr McCarthy
Mr Mitchell
Mr Palmer
Mr Poole
Mr Reed
Mr Setter
Mr Stone
AYES, 16 NOES, 7
Mr Adamson Mr Ah Kit
Mrs Braham Mr Bailey
Mr Burke Mr Bell
Mr Coulter Mr Ede
Mr Finch Mrs Hickey
Mr Hatton Ms Martin
Dr Lim Mr Stirling
Mr Manzie
Mr McCarthy
Mr Mitchell
Mrs Padgham-Purich
Mr Palmer
Mr Poole
Mr Reed
Mr Setter
Mr Stone
4. DISTINGUISHED VISITORS:
5. VISITORS:
6. QUESTIONS:
7. REQUEST FOR REFERRAL TO COMMITTEE OF PRIVILEGES - ALLEGED DELIBERATE MISLEADING INFORMATION PROVIDED ON PECUNIARY INTEREST RETURN BY FORMER MEMBER FOR CASUARINA:
8. AUDITOR-GENERALs OFFICE, MID-YEAR REPORT, FEBRUARY 1996 - PAPER TABLED - PAPER PRINTED - MOTION TO NOTE PAPER:
9. SESSIONAL COMMITTEE ON CONSTITUTIONAL DEVELOPMENT - ANNUAL REPORT, 1994-95 - PAPER TABLED - PAPER PRINTED - MOTION TO NOTE PAPER:
10. OMBUDSMAN, ANNUAL REPORT, 1994-95 - PAPER TABLED - PAPER PRINTED - MOTION TO NOTE PAPER:
12. ALICE SPRINGS TO DARWIN RAILWAY MINISTERIAL STATEMENT- STATEMENT NOTED:
14. MATTER OF PUBLIC IMPORTANCE:
15. JURIES AMENDMENT BILL 1996 (Serial 143):
16. SUMMARY OFFENCES AMENDMENT BILL 1996 (Serial 144); and POLICE ADMINISTRATION AMENDMENT BILL 1996 (Serial 145):
17. CONSUMER AFFAIRS AND FAIR TRADING AMENDMENT BILL 1996 (Serial 149):
18. BIRTHS, DEATHS AND MARRIAGES REGISTRATION BILL 1996 (Serial 146); and BIRTHS, DEATHS AND MARRIAGES REGISTRATION (CONSEQUENTIAL AMENDMENTS) BILL 1996 (Serial 147):
20. ORDER OF BUSINESS:
21. SENTENCING (CONSEQUENTIAL AMENDMENTS) BILL 1995 (Serial 134):
Section 4
- definition of 'Fine' 'under a conviction' 'upon a finding of guilt'
- definition of 'summary conviction' 'a finding of guilt'
'Simple offence'
- definition of 'conviction' 'finding of guilt'
'Special Act'
- definition of 'a conviction' 'a finding of guilty'
'Sum adjudged to be
paid by a conviction' 'the conviction' 'finding of guilt'
(first occurring)
'the conviction' 'the finding'
(second occurring)
Sections 14(1) and 187A(3) 'convictions' 'findings of guilt'
Sections 44(g), 45, 57C, 'conviction' 'finding of guilt'
57E, 60J(2), 63A, 70(1), (wherever occurring)
72, 73, 78(a), 80, 81, 82,
83(1), 84, 85, 91,
93, 94, 97(2), 98, 129(3),
131, 132, 170, 185, 186,
187, 187A and 188(1)
Sections 46(5), 57(3), 'convicted' 'found guilty'
57B(c), 57C, 60J(1)(b), (wherever occurring)
67, 129(3), 133,
170, 187(a) and 188(1)
'his conviction' 'the finding of guilt'
'upon conviction' 'upon the finding of guilt'
'were convicted' 'were found guilty'
Section 63A(1)(a) 'convicted' 'found the defendant guilty
of the offence'
Section 67(2) 'convict him' 'find him guilty'
Section 69 'convict' 'find the defendant guilty'
Section 70(1) 'convicts' 'finds the defendant guilty'
Section 70A(1)(a) 'convict the defendant' 'find the defendant guilty'
Section 70A(1)(b) 'of conviction' 'of a finding of guilt'
'formal conviction' 'formal finding of guilt'
Section 75(2), (3), (4), the whole subsection
(5) and (6)
Section 76 the whole section
Section 81 '$10' '$50'
(wherever occurring)
Section 85(3) 'with or without hard labour,'
Section 90 the whole section
Section 91(1) ', or the imprisonment with
hard labour,'
Section 91(3) ', with or without hard labour,'
Section 92 the whole section
Section 93A 'to hard labour or otherwise'
Section 99(3) 'with or without hard labour'
Section 121A(2) the whole subsection
Section 129(1) the whole subsection
Section 129(2) and (3) 'section 121A(2)' 'section 122 of the Sentencing
Act'
Section 180A
- definition of 'conviction' 'a conviction' 'a finding of guilt'".
- definition of 'order' 'conviction; or' 'conviction or finding of guilt;'
'section;' 'section; or
(c) a dismissal of the charge under section 10 of the Sentencing Act or an order made under section 11 of that Act;'".
23. SPECIAL ADJOURNMENT:
24. DISCHARGE OF BUSINESS:
25. ADJOURNMENT:
________________________________
AYES, 10 NOES, 8
Mrs Braham Mr Ah Kit
Mr Burke Mr Bailey
Mr Coulter Mr Bell
Mr Finch Mr Ede
Mr Hatton Mrs Hickey
Dr Lim Ms Martin
Mr Manzie Mrs Padgham-Purich
Mr Mitchell Mr Stirling
Mr Reed
Mr Setter
AYES, 8 NOES, 10
Mr Ah Kit Mrs Braham
Mr Bailey Mr Burke
Mr Bell Mr Coulter
Mr Ede Mr Finch
Mrs Hickey Mr Hatton
Ms Martin Dr Lim
Mrs Padgham-Purich Mr Manzie
Mr Stirling Mr Mitchell
Mr Reed
Mr Setter
AYES, 9 NOES, 6
Mr Adamson Mr Ah Kit
Mrs Braham Mr Bell
Mr Burke Mr Ede
Mr Finch Mrs Hickey
Mr Manzie Ms Martin
Mr Palmer Mr Stirling
Mr Reed
Mr Setter
Mr Stone
AYES, 6 NOES, 10
Mr Ah Kit Mr Adamson
Mr Bell Mr Burke
Mr Ede Mr Finch
Mrs Hickey Mr Manzie
Ms Martin Mr McCarthy
Mr Stirling Mr Palmer
Mr Poole
Mr Reed
Mr Setter
Mr Stone
AYES, 10 NOES, 6
Mr Adamson Mr Ah Kit
Mrs Braham Mr Bell
Mr Burke Mr Ede
Mr Finch Mrs Hickey
Mr Manzie Ms Martin
Mr Palmer Mr Stirling
Mr Poole
Mr Reed
Mr Setter
Mr Stone
AYES, 10 NOES, 6
Mr Adamson Mr Ah Kit
Mrs Braham Mr Bell
Mr Burke Mr Ede
Mr Finch Mrs Hickey
Mr Manzie Ms Martin
Mr Palmer Mr Stirling
Mr Poole
Mr Reed
Mr Setter
Mr Stone
AYES, 6 NOES, 10
Mr Ah Kit Mr Adamson
Mr Bell Mrs Braham
Mr Ede Mr Burke
Mrs Hickey Mr Finch
Ms Martin Mr Manzie
Mr Stirling Mr Palmer
Mr Poole
Mr Reed
Mr Setter
Mr Stone
AYES, 10 NOES, 6
Mr Adamson Mr Ah Kit
Mrs Braham Mr Bell
Mr Burke Mr Ede
Mr Finch Mrs Hickey
Mr Manzie Ms Martin
Mr Palmer Mr Stirling
Mr Poole
Mr Reed
Mr Setter
Mr Stone
AYES, 10 NOES, 6
Mr Adamson Mr Ah Kit
Mrs Braham Mr Bell
Mr Burke Mr Ede
Mr Finch Mrs Hickey
Mr Manzie Ms Martin
Mr Palmer Mr Stirling
Mr Poole
Mr Reed
Mr Setter
Mr Stone
__________________________________________________________________________________
Date : 29/02/1996
1. MEETING:
- The Assembly met at 10.00 a.m., pursuant to adjournment. The Speaker, the Honourable T.R. McCarthy, took the Chair.
2. PRAYERS.
3. LEAVE OF ABSENCE:
- The Leader of Government Business (Mr Coulter) moved - That leave of absence be granted to the Member for Victoria River (Mr Baldwin).
- Debate ensued.
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, 15 NOES, 8
Mr Adamson Mr Ah Kit
Mrs Braham Mr Bailey
Mr Burke Mr Bell
Mr Coulter Mr Ede
Mr Finch Mrs Hickey
Mr Hatton Ms Martin
Dr Lim Mrs Padgham-Purich
Mr Manzie Mr Stirling
Mr McCarthy
Mr Mitchell
Mr Palmer
Mr Poole
Mr Reed
Mr Setter
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, 16 NOES, 7
Mr Adamson Mr Ah Kit
Mrs Braham Mr Bailey
Mr Burke Mr Bell
Mr Coulter Mr Ede
Mr Finch Mrs Hickey
Mr Hatton Ms Martin
Dr Lim Mr Stirling
Mr Manzie
Mr McCarthy
Mr Mitchell
Mrs Padgham-Purich
Mr Palmer
Mr Poole
Mr Reed
Mr Setter
Mr Stone
- And so it was resolved in the affirmative.
4. DISTINGUISHED VISITORS:
- The Speaker (Mr McCarthy) drew the attention of Honourable Members to the presence in the Speakers Gallery of Members of the Executive of Law Asia.
On behalf of Honourable Members, the Speaker extended a warm welcome to the distinguished visitors.
5. VISITORS:
- The Speaker (Mr McCarthy) drew the attention of Honourable Members to the presence in the gallery of graduate trainees from the Department of Transport and Works and the Power and Water Authority's Graduate Trainee Programme; Associate Diploma in Library Practice, Northern Territory University students, and their lecturer, Ms Christine Hart; students from the Adult Migrant Education Centre and their lecturer Mr Peter McGuire; Year 7 students from the Batchelor Area School and their teacher, Mr Brenton Pedler; and Year 5/6 students from Larrakeyah Primary School and their teacher, Ms Shayne OHalloran.
- On behalf of Honourable Members, the Speaker extended a warm welcome to the visitors.
6. QUESTIONS:
- Questions were asked of Ministers.
Paper tabled: The Leader of the Opposition (Mr Ede), by leave, laid on the Table the following Paper -
- Electoral Enrolment Form, Australian Electoral Commission (Paper 2305).
Papers tabled: The Chief Minister (Mr Stone) laid on the Table the following Papers -
- Database entry form - Personal Details (Paper 2306).
Letter, Hon Warren Snowdon, MHR, Member for the Northern Territory, dated 16 October 1995 (Paper 2307);
Northern Territory Community Questionnaire (Paper 2308);
Letter, Mr Brian Ede, MLA, Leader of the Opposition, dated 15 September 1995 (Paper 2309);
Issues Survey from Leader of the Opposition (Paper 2310);
Letter, Hon Warren Snowdon, MP, to Mr J. E. Taylor, dated 26 February 1996 (Paper 2311); and
Mobile Polling Schedules ex Katherine, dated 26 February 1996 (Paper 2312)
Further questions were asked of Ministers.
- Paper tabled: The Leader of the Opposition (Mr Ede), by leave, laid on the Table the following Paper -
- Letter, Hon Shane Stone, MLA, Member for Port Darwin to Ms Jennifer Kiss, dated 5 October 1995 (Paper 2313).
- A further question was asked of a Minister.
Papers tabled: The Chief Minister (Mr Stone) laid on the Table the following Papers -
- Greek language letter from the Australian Labor Party, dated 23 February 1996 (Paper 2314); and
Greek language How to Vote card for the House of Representatives and the Senate, Australian Labor Party (Paper 2315).
- A further question was asked of a Minister.
- Papers tabled: The Member for Arnhem (Mr Ah Kit), by leave, laid on the Table the following Papers -
- Database entry shell document - Personal Details (Paper 2316); and
Database entry shell document, Members Electoral Roll Data - Personal Details (Paper 2317).
- Further questions were asked of Ministers.
Papers tabled: The Chief Minister (Mr Stone) laid on the Table the following Papers -
- Darwin Music Development Centre, Appendix of complaints (Paper 2321);
Press release, Darwin Music Development Centre Closure - An Explanation Owed, by Clare Martin, MLA, Member for Fannie Bay, dated 12 December 1995 (Paper 2318);
Press release, Closing the door on Youth - What is the real reason ?, by Clare Martin, MLA, Member for Fannie Bay, dated 15 December 1995 (Paper 2319);
Press release, Darwins young musicians deserve a Happy Christmas by Clare Martin, MLA, Member for Fannie Bay, dated 20 December 1995 (Paper 2320); and
Photographs of the damage at the Darwin Music Development Centre (Paper 2322).
- Supplementary answer: The Chief Minister (Mr Stone) gave a supplementary answer to a question asked by the Member for Nelson (Mrs Padgham-Purich) on Tuesday 27 February 1996.
7. REQUEST FOR REFERRAL TO COMMITTEE OF PRIVILEGES - ALLEGED DELIBERATE MISLEADING INFORMATION PROVIDED ON PECUNIARY INTEREST RETURN BY FORMER MEMBER FOR CASUARINA:
- The Member for Wanguri (Mr Bailey), pursuant to Standing Order 86, raised as a matter of privilege the alleged provision of misleading information on the pecuniary interest return completed by the former Member for Casuarina, Mr Dondas, the subject of a Notice of Motion raised by Mr Bailey on Wednesday 28 February 1996.
The Speaker advised that he would consider the matter and give a decision at the earliest opportunity.
8. AUDITOR-GENERALs OFFICE, MID-YEAR REPORT, FEBRUARY 1996 - PAPER TABLED - PAPER PRINTED - MOTION TO NOTE PAPER:
- The Speaker laid on the Table the Mid-year Report of the Office of the Auditor-General, February 1996 (Paper 2323).
- The Chief Minister (Mr Stone) moved - That the Paper be printed.
Question - put and passed.
Ordered - That Mr Stone have leave to continue his remarks at a later hour - Debate adjourned.
9. SESSIONAL COMMITTEE ON CONSTITUTIONAL DEVELOPMENT - ANNUAL REPORT, 1994-95 - PAPER TABLED - PAPER PRINTED - MOTION TO NOTE PAPER:
- The Chairman of the Sessional Committee on Constitutional Development (Mr Hatton) laid on the Table the Annual Report of the Sessional Committee on Constitutional Development for the year 1994-95 (Paper 2324).
- Mr Hatton moved - That the Paper be printed.
Question - put and passed.
Ordered - That Mr Hatton have leave to continue his remarks at a later hour - Debate adjourned.
10. OMBUDSMAN, ANNUAL REPORT, 1994-95 - PAPER TABLED - PAPER PRINTED - MOTION TO NOTE PAPER:
- The Chief Minister (Mr Stone) laid on the Table the Annual Report of the Ombudsman of the Northern Territory for the year 1994-95 (Paper 2325).
- Mr Stone moved - That the Paper be printed.
Question - put and passed.
Ordered - That Mr Stone have leave to continue his remarks at a later hour - Debate adjourned.
- The Chief Minister (Mr Stone) laid on the Table a draft Bill entitled Police Administration Amendment Bill (No. 2) 1996 (Paper 2326).
- Mr Stone moved - That the Assembly take note of the Paper.
On the motion of the Leader of the Opposition (Mr Ede) debate was adjourned.
12. ALICE SPRINGS TO DARWIN RAILWAY MINISTERIAL STATEMENT- STATEMENT NOTED:
- The Minister for the Railway (Mr Coulter) made a Statement relating to the progress of the Alice Springs to Darwin Railway project (Paper 2327).
- Paper tabled: Mr Coulter laid on the Table the following Paper -
- The Alice Springs to Darwin Railway, A presentation from the Northern Territory and South Australian Governments (Paper 2328).
- Mr Coulter moved - That the Assembly take note of the Statement.
Debate ensued.
____________________
- Suspension of sitting: The sitting was suspended between 12.05 p.m.. and 2.15 p.m.
____________________
- Debate resumed.
Paper tabled: Mr Coulter laid on the Table the following Paper -
- Letter, Mr John Sharp, MP, Shadow Minister for Transport, House of Representatives to Hon Barry Coulter, MLA, Treasurer, dated 22 June 1995 (Paper 2329).
- Question - put and passed.
- The Chief Minister (Mr Stone) made a Statement relating to the museums and art galleries of the Northern Territory (Paper 2347).
- Mr Stone moved - That the Assembly take note of the Statement.
Debate ensued.
Question - put and passed.
14. MATTER OF PUBLIC IMPORTANCE:
- The Speaker informed the Assembly that the Member for Fannie Bay (Ms Martin) had proposed the definite matter of public importance be submitted to the Assembly for discussion this day:
- this Assemblys concern at the state of the Northern Territory Prison system in the light of recent breaches of security and the comments made by the responsible Minister relating thereto..
- The proposed discussion having received the necessary support -
The Speaker called on Ms Martin to address the Assembly.
Discussion ensued.
- Papers tabled: The Leader of the Opposition (Mr Ede), by leave, laid on the Table the following Papers -
- Department of Correctional Services, 5 Year Plan (Paper 2332);
Transcript of Interview, Fred McCue/Daryl Manzie, Fred McCue/Clare Martin, Jail Break - Escapees at Large, Morning Program, 8DDD, 12 December 1995 (Paper 2333);
Extract from Parliamentary Record Debates, page 4216, dated 22 June 1995 (Paper 2334);
Extract from Parliamentary Record No. 25, Ministerial Statement Significant Developments and Achievements in Northern Territory Correctional Services, dated 2 March 1994 (Paper 2335); and
Extract from Parliamentary Record No. 15, Ministerial Statement, Police Investigation into Allegations of Corruption in the Prison System, dated 24 February 1993 (Paper 2336).
- Discussion continued.
Discussion concluded.
15. JURIES AMENDMENT BILL 1996 (Serial 143):
- The Attorney-General (Mr Hatton), pursuant to notice, presented a Bill for an Act to amend the Juries Act.
- Bill read a first time.
- On the motion of the Member for Macdonnell (Mr Bell) debate was adjourned.
16. SUMMARY OFFENCES AMENDMENT BILL 1996 (Serial 144); and POLICE ADMINISTRATION AMENDMENT BILL 1996 (Serial 145):
- Suspension of Standing Orders - Take two Bills together: The Attorney-General (Mr Hatton) moved - That so much of Standing Orders be suspended as would prevent two Bills, namely the Summary Offences Amendment Bill 1996 (Serial 144) and the Police Administration Amendment Bill 1996 (Serial 145) -
- (a) being presented and read a first time together and one motion being put in regard to, respectively, the second readings, the Committee's report stage, and the third readings of the Bills together; and
(b) the consideration of the Bills separately in the Committee of the Whole.
Question - put and passed - there being an absolute majority of the whole number of Members present and no dissentient voice.
Mr Hatton, pursuant to notice, presented a Bill for an Act to amend the Summary Offences Act; and a Bill for an Act to amend the Police Administration Act.
- Bills read a first time.
Mr Hatton moved - That the Bills be now read a second time.
On the motion of the Member for Macdonnell (Mr Bell) debate was adjourned.
17. CONSUMER AFFAIRS AND FAIR TRADING AMENDMENT BILL 1996 (Serial 149):
- The Attorney-General (Mr Hatton), pursuant to notice, presented a Bill for an Act to amend the Consumer Affairs and Fair Trading Act.
- Bill read a first time.
Mr Hatton moved - That the Bill be now read a second time.
On the motion of the Member for Macdonnell (Mr Bell) debate was adjourned.
18. BIRTHS, DEATHS AND MARRIAGES REGISTRATION BILL 1996 (Serial 146); and BIRTHS, DEATHS AND MARRIAGES REGISTRATION (CONSEQUENTIAL AMENDMENTS) BILL 1996 (Serial 147):
- Suspension of Standing Orders - Take two Bills together: The Attorney-General (Mr Hatton) moved - That so much of Standing Orders be suspended as would prevent two Bills, namely the Births, Deaths and Marriages Registration Bill 1996 (Serial 146) and the Births, Deaths and Marriages Registration (Consequential Amendments) Bill 1996 (Serial 147) -
- (a) being presented and read a first time together and one motion being put in regard to, respectively, the second readings, the Committee's report stage, and the third readings of the Bills together; and
(b) the consideration of the Bills separately in the Committee of the Whole.
Question - put and passed - there being an absolute majority of the whole number of Members present and no dissentient voice.
Mr Hatton, pursuant to notice, presented a Bill for an Act for the registration of births, deaths and marriages and related matters; and a Bill for an Act to amend various Acts consequential on the passing of the Births, Deaths and Marriages Registration Act 1996.
- Bills read a first time.
Mr Hatton moved - That the Bills be now read a second time.
On the motion of the Member for Macdonnell (Mr Bell) debate was adjourned.
- The Minister for Racing and Gaming (Mr Coulter), pursuant to notice, presented a Bill for an Act to amend the Gaming Control Act.
- The Bill was read a first time.
Mr Coulter moved - That the Bill be now read a second time.
On the motion of the Member for Nhulunbuy (Mr Stirling) debate was adjourned.
20. ORDER OF BUSINESS:
- The Leader of Government Business (Mr Coulter) moved - That consideration of Government Business, Order of the Day, No. 1, relating to the Competition Policy Reform (Northern Territory) Bill 1995 (Serial 122), be postponed.
- Question - put and passed.
21. SENTENCING (CONSEQUENTIAL AMENDMENTS) BILL 1995 (Serial 134):
- The order of the day having been read for the resumption of the 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 the Committee
(Chairman - Mr Setter)
In the Committee
(Chairman - Mr Setter)
- Clause 1 agreed to.
Clause 2 read.
- On the motion of the Attorney-General (Mr Hatton) the following amendment was agreed to, after debate -
- Omit "This Act" and insert in its stead "(1) Subject to subsection (2), this Act".
- On the motion of Mr Hatton the following further amendment was agreed to -
- Add at the end the following:
- "(2) Section 7 shall come into operation on the date the Administrator's assent to this Act is declared.".
- Clause 2, as amended, agreed to.
Clause 3 agreed to.
Clause 4 read.
On the motion of Mr Hatton the following amendment was agreed to -
Insert before subclause (1) the following:
- "(1A) Section 20(6) of the Traffic Act is amended by omitting convicted and 'conviction' and substituting 'found guilty' and 'finding of guilt', respectively.
"(1B) Section 20A(15) of the Traffic Act is amended -
- (a) by omitting convicted and substituting 'found guilty'; and
- (b) by omitting Criminal Law (Conditional Release of Offenders) Act and substituting Criminal Law (Conditional Release of Offenders) Act or section 10 or 11 of the Sentencing Act.".
- Clause 4, as amended, agreed to.
Clauses 5 and 6 agreed to.
On the motion of Mr Hatton the following New Section was added to the Bill -
Insert after clause 6 the following:
- "7. TRANSITIONAL
- "(1) Subject to subsection (2), the Administrator may make regulations under this Act amending this Act or any other Act where the amendments are necessary or convenient for ensuring the effective operation of the Sentencing Act and the amendments are of a transitional or consequential nature.
"(2) Subsection (1) shall cease to have effect 12 months after the commencement of the Sentencing Act.
- "(3) Regulations made under subsection (1) shall have effect as if they were an Act passed by the Legislative Assembly.".
- Schedule read.
On the motion of Mr Hatton the following amendment was agreed to -
- Omit the amendments proposed to the Justices Act and insert in their stead the following:
Section 4
- definition of 'Fine' 'under a conviction' 'upon a finding of guilt'
- definition of 'summary conviction' 'a finding of guilt'
'Simple offence'
- definition of 'conviction' 'finding of guilt'
'Special Act'
- definition of 'a conviction' 'a finding of guilty'
'Sum adjudged to be
paid by a conviction' 'the conviction' 'finding of guilt'
(first occurring)
'the conviction' 'the finding'
(second occurring)
Sections 14(1) and 187A(3) 'convictions' 'findings of guilt'
Sections 44(g), 45, 57C, 'conviction' 'finding of guilt'
57E, 60J(2), 63A, 70(1), (wherever occurring)
72, 73, 78(a), 80, 81, 82,
83(1), 84, 85, 91,
93, 94, 97(2), 98, 129(3),
131, 132, 170, 185, 186,
187, 187A and 188(1)
Sections 46(5), 57(3), 'convicted' 'found guilty'
57B(c), 57C, 60J(1)(b), (wherever occurring)
67, 129(3), 133,
170, 187(a) and 188(1)
'his conviction' 'the finding of guilt'
'upon conviction' 'upon the finding of guilt'
'were convicted' 'were found guilty'
Section 63A(1)(a) 'convicted' 'found the defendant guilty
of the offence'
Section 67(2) 'convict him' 'find him guilty'
Section 69 'convict' 'find the defendant guilty'
Section 70(1) 'convicts' 'finds the defendant guilty'
Section 70A(1)(a) 'convict the defendant' 'find the defendant guilty'
Section 70A(1)(b) 'of conviction' 'of a finding of guilt'
'formal conviction' 'formal finding of guilt'
Section 75(2), (3), (4), the whole subsection
(5) and (6)
Section 76 the whole section
Section 81 '$10' '$50'
(wherever occurring)
Section 85(3) 'with or without hard labour,'
Section 90 the whole section
Section 91(1) ', or the imprisonment with
hard labour,'
Section 91(3) ', with or without hard labour,'
Section 92 the whole section
Section 93A 'to hard labour or otherwise'
Section 99(3) 'with or without hard labour'
Section 121A(2) the whole subsection
Section 129(1) the whole subsection
Section 129(2) and (3) 'section 121A(2)' 'section 122 of the Sentencing
Act'
Section 180A
- definition of 'conviction' 'a conviction' 'a finding of guilt'".
- On the motion of Mr Hatton the following further amendment was agreed to -
- definition of 'order' 'conviction; or' 'conviction or finding of guilt;'
'section;' 'section; or
(c) a dismissal of the charge under section 10 of the Sentencing Act or an order made under section 11 of that Act;'".
- Schedule, as amended, agreed to.
Title agreed to.
Bill to be reported with amendments.
________________________________
- The Speaker (Mr McCarthy) resumed the Chair; the Chairman (Mr Setter) reported accordingly; and the report was adopted.
- The Attorney-General (Mr Hatton) moved - That the Bill be now read a third time.
Debate ensued.
Question - put and passed.
Bill read a third time and passed to be a proposed law.
- The Speaker laid on the Table the following Reports of the Standing Orders Committee -
- Raising Matters of Privilege, Second Report of the Standing Orders Committee, dated February 1996 (Paper 2331); and
Procedures for the Presentation and Preparation of Support Materials to Accompany Proposed Laws, Third Report of the Standing Orders Committee, dated February 1996 (Paper 2339).
- The Leader of Government Business (Mr Coulter) moved - That the Papers be printed.
Question - put and passed.
- Mr Coulter moved - That the Assembly take note of the Papers and sought leave to continue his remarks at a later hour.
- Ordered - That Mr Coulter have leave to continue his remarks - Debate adjourned.
23. SPECIAL ADJOURNMENT:
- The Leader of Government Business (Mr Coulter) moved - That the Assembly at its rising adjourn until Tuesday 14 May 1996 at 10.00 a.m. or such other time and/or date as may be set by Mr Speaker, pursuant to Sessional Order.
- Question - put and passed.
24. DISCHARGE OF BUSINESS:
- The Leader of Government Business (Mr Coulter), by leave, moved - That Government Business, Order of the Day No. 10, relating to Territory Parks and Wildlife Conservation Amendment Draft Bill; and Government Business, Order of the Day No. 11 relating to the draft Mining Bill, be discharged from the Notice Paper, forthwith.
- Question - put and passed.
25. ADJOURNMENT:
- The Leader of Government Business (Mr Coulter) moved - That the Assembly do now adjourn.
________________________________
- Suspension of Standing Orders - Move motion relating to a matter of Privilege:
- The Member for Wanguri (Mr Bailey), by leave, moved - That so much of Standing Orders be suspended as would prevent him, moving a motion relating to an alleged breach of privilege, the subject of General Business, Notice No. 1.
- 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, 10 NOES, 8
Mrs Braham Mr Ah Kit
Mr Burke Mr Bailey
Mr Coulter Mr Bell
Mr Finch Mr Ede
Mr Hatton Mrs Hickey
Dr Lim Ms Martin
Mr Manzie Mrs Padgham-Purich
Mr Mitchell Mr Stirling
Mr Reed
Mr Setter
- 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, 8 NOES, 10
Mr Ah Kit Mrs Braham
Mr Bailey Mr Burke
Mr Bell Mr Coulter
Mr Ede Mr Finch
Mrs Hickey Mr Hatton
Ms Martin Dr Lim
Mrs Padgham-Purich Mr Manzie
Mr Stirling Mr Mitchell
Mr Reed
Mr Setter
- Motion negatived accordingly.
___________________________________
- Request for referral to Committee of Privileges - Alleged breach of the Legislative Assembly (Register of Members Interests) Act 1982: The Member for Macdonnell (Mr Bell), pursuant to Standing Order 84, raised as a matter of privilege the alleged breach of the Legislative Assembly (Register of Members Interests) Act 1982, by the Member for Sanderson (Mr Manzie).
The Speaker advised that he would consider the matter and give a decision at the earliest opportunity.
___________________________________
- Debate continued.
- Papers tabled: The Leader of the Opposition (Mr Ede), by leave, laid on the Table the following Papers -
- Petition, re the upgrade of the Tanami Road, (Paper 2337); and
Internal Memorandum, Jose A. da Silva, Accident Records Clerk to Frances McKenna, Statistical Unit, Northern Territory Police, Fire and Emergency Services, dated 29 February 1996 (Paper 2338);
- Debate continued.
Suspension of Standing Orders - Move a Motion Forthwith:
- The Member for Macdonnell (Mr Bell ) moved - That so much of Standing Orders be suspended as would prevent him moving the following motion - That this Assembly expresses its concern at the aiding and abetting of a criminal offence under the Commonwealth Electoral Act by an official or officials unknown by the Member for Port Darwin and by the Country Liberal Party candidate, Nicholas Manuel Dondas.
The Minister for Transport and Works (Mr Palmer) moved - That the question be now put.
- Question - put.
The Assembly divided (the Deputy Chairman, Mrs L.M. Braham, in the Chair) -
AYES, 9 NOES, 6
Mr Adamson Mr Ah Kit
Mrs Braham Mr Bell
Mr Burke Mr Ede
Mr Finch Mrs Hickey
Mr Manzie Ms Martin
Mr Palmer Mr Stirling
Mr Reed
Mr Setter
Mr Stone
- And so it was resolved in the affirmative.
Question - That the motion be agreed to - put.
The Assembly divided (the Deputy Chairman, Mrs L.M. Braham, in the Chair) -
AYES, 6 NOES, 10
Mr Ah Kit Mr Adamson
Mr Bell Mr Burke
Mr Ede Mr Finch
Mrs Hickey Mr Manzie
Ms Martin Mr McCarthy
Mr Stirling Mr Palmer
Mr Poole
Mr Reed
Mr Setter
Mr Stone
- Motion negatived accordingly.
Debate continued.
The Speaker ruled that the House do now adjourn.
The Leader of the Opposition (Mr Ede) moved dissent from the Speakers ruling.
- The Chief Minister (Mr Stone) moved - That the Leader of the Opposition (Mr Ede) be no longer heard.
- Question - That the Leader of the Opposition (Mr Ede) be now no longer heard - put.
Question - put.
The Assembly divided (the Speaker, Hon. T.R. McCarthy, in the Chair) -
AYES, 10 NOES, 6
Mr Adamson Mr Ah Kit
Mrs Braham Mr Bell
Mr Burke Mr Ede
Mr Finch Mrs Hickey
Mr Manzie Ms Martin
Mr Palmer Mr Stirling
Mr Poole
Mr Reed
Mr Setter
Mr Stone
- And so it was resolved in the affirmative.
The Minister for Health Services (Mr Finch) moved - That the motion of dissent - be put.
Question - put.
The Assembly divided (the Speaker, Hon. T.R. McCarthy, in the Chair) -
AYES, 10 NOES, 6
Mr Adamson Mr Ah Kit
Mrs Braham Mr Bell
Mr Burke Mr Ede
Mr Finch Mrs Hickey
Mr Manzie Ms Martin
Mr Palmer Mr Stirling
Mr Poole
Mr Reed
Mr Setter
Mr Stone
- And so it was resolved in the affirmative.
Question - That the motion of dissent be agreed to - put.
Question - put.
The Assembly divided (the Speaker, Hon. T.R. McCarthy, in the Chair) -
AYES, 6 NOES, 10
Mr Ah Kit Mr Adamson
Mr Bell Mrs Braham
Mr Ede Mr Burke
Mrs Hickey Mr Finch
Ms Martin Mr Manzie
Mr Stirling Mr Palmer
Mr Poole
Mr Reed
Mr Setter
Mr Stone
- Motion negatived accordingly.
- The Minister for Health Services (Mr Finch) moved - That the motion to adjourn the Assembly - be now put.
- Question - put.
The Assembly divided (the Speaker, Hon. T.R. McCarthy, in the Chair) -
AYES, 10 NOES, 6
Mr Adamson Mr Ah Kit
Mrs Braham Mr Bell
Mr Burke Mr Ede
Mr Finch Mrs Hickey
Mr Manzie Ms Martin
Mr Palmer Mr Stirling
Mr Poole
Mr Reed
Mr Setter
Mr Stone
- And so it was resolved in the affirmative.
Question - That the Assembly do now adjourn - put.
The Leader of the Opposition (Mr Ede) moved further dissent.
- The Minister for Health Services (Mr Finch) moved - That the motion of dissent be put.
- Question - That the motion of dissent be now put - put.
The Assembly divided (the Speaker, Hon. T.R. McCarthy, in the Chair) -
AYES, 10 NOES, 6
Mr Adamson Mr Ah Kit
Mrs Braham Mr Bell
Mr Burke Mr Ede
Mr Finch Mrs Hickey
Mr Manzie Ms Martin
Mr Palmer Mr Stirling
Mr Poole
Mr Reed
Mr Setter
Mr Stone
- And so it was resolved in the affirmative.
Question - That the motion of dissent be agreed to - put and negatived.
- And the Assembly adjourned at 8.23 p.m. until Tuesday 14 May 1996 at 10.00 a.m. or such other time and/or date as may be set by the Speaker, pursuant to Sessional order.
==========================
- PAPERS:
The following Papers were deemed to have been presented on Thursday 29 February 1996:
- Annual Reports:
ANZ Executors & Trustee Company Ltd, 30 September 1994 (Paper 2340)
Austrust Limited (& Its Controlled Entity (Executor Trustee Australia Ltd.), 30 June 1994 (Paper 2341)
I00F Australia Trustees Ltd, 30 June 1994 (Paper 2342)
I00F Australia Trustees Ltd, 30 June 1995 (Paper 2343)
National Australia Trustees Ltd, .30 September 1994 (Paper 2344)
National Australia Trustees Ltd, 30 September 1995 (Paper 2345)
National Trust of Australia (Northern Territory), 1994-95 (Paper 2330)
Northern Territory Rural College, 1994 (Paper 2300)
Office of Ethnic Affairs, 1994-95 (Paper 2302)
Parole of Prisoners Act, Report of the Parole Board of the Northern Territory, 1995 (Paper 2304)
Public Trustee for the Northern Territory, 1994-95 (Paper 2301)
- Report:
Juvenile Crime Workshop, 1995 7-8 June 1995, Katherine, Outcome Document (Paper 2303)
Pursuant to Remuneration Tribunal Determination No. 1 of 1995, Overseas Travel, Mr N. R. Bell, MLA, Member for Macdonnell (Paper 2346)
===============================
- ATTENDANCE:
All Members attended the sitting except Mr Baldwin, on leave.
- Ian McNeill
Clerk of the Legislative Assembly
Last updated: 04 Aug 2016