Minutes of Proceedings - 1995-08-23
Seventh Assembly First Session 22/08/1995 Parliamentary Record No. 14
__________________________________________________________________________________
Date : 23/08/1995__________________________________________________________________________________
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. VISITORS:
The Speaker (Mr McCarthy) drew the attention of Honourable Members to the presence
in the gallery of students from the Northern Territory University's Faculty of Aboriginal and
Islander Studies Certificate in General Education and their lecturer, Mr Bill Langlands; and
students from Years 5 to 7 from Parap Primary School and their teacher,
Ms Linda Brodie.
On behalf of Honourable Members, the Speaker extended a warm welcome to the visitors.
4. NOTICES:
The following notices were given:
Mr Coulter: To present the Gaming Control Amendment (No. 2) Bill 1995 (Serial 102).
Mr Coulter: To present the Gaming Machine Bill 1995 (Serial 101).
Mr Hatton: To present the Statute Law Revision (No. 2) Bill 1995 (Serial 103).
5. QUESTIONS:
Questions were asked of Ministers.
Paper tabled: The Leader of the Opposition (Mr Ede), by leave, laid on the Table the following Paper -
. Page 43 of the Northern Territory Telephone Directory (Paper 1927).
Further questions were asked of Members.
Paper tabled: The Minister for Lands, Planning and Environment (Mr Reed) laid on the Table the following Paper -
. Press Release from Clare Martin, MLA, Member for Fannie Bay,
dated 9 August 1995 (Paper 1928).
Further questions were asked of Ministers.
6. VISIT BY HIS EXCELLENCY THE PRESIDENT OF THE PHILIPPINES -
MOTION AGREED TO:
The Leader of Government Business (Mr Coulter), by leave, moved - That, unless
otherwise ordered, the following programme of business be agreed to:
(1) that this sitting of the Assembly be suspended until the ringing of the Bells at approximately 3.05 p.m.;
(2) that, upon resumption of the sitting, the Order of Business be as follows:
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(a) the Speaker acknowledge the presence of His Excellency
President Ramos and invite him to take a seat on the floor of the Assembly Chamber;
(b) the Chief Minister move a motion of welcome to His Excellency
President Ramos and the Leader of the Opposition speaks supporting the motion;
(c) after the question is put by the Speaker, His Excellency be invited to
respond to the speeches made:
(3) at the conclusion of speeches, the sitting be further suspended until the
ringing of the Bells at approximately 6.00 p.m.
Question - put and passed.
7. SUPPLEMENTARY ANSWERS TO QUESTIONS:
The Minister for Health Services (Mr Finch) gave a supplementary answer to a
question asked by the Member for Nelson (Mrs Padgham-Purich) today.
Mr Finch gave a further supplementary answer to a question asked by the Member
for Wanguri (Mr Bailey) this day.
Papers tabled: Mr Finch laid on the Table the following Papers -
. Letter, Suzan Cox, President, Criminal Lawyers Association of the Northern
Territory, to Mr Michael McKenzie, ABC Radio, dated 17 July 1995 (Paper 1933);
. Letter, Suzan Cox, President, Criminal Lawyers Association of the Northern
Territory, to Hon Fred Finch, MLA, dated 14 July 1995 (Paper 1929); and
. Programme, Criminal Lawyers Association of the Northern Territory Biennial
Conference - Bali, 25 June to 30 June 1995 (Paper 1930).
The Minister for Education and Training (Mr Hatton) gave a supplementary answer to a
question asked by the Member for Macdonnell (Mr Bell) yesterday.
Paper tabled: Mr Hatton laid on the Table the following Paper -
. Roll for Imanpa School (Paper 1931).
8. INEQUITY OF PER-CAPITA FUNDING FOR LOCAL GOVERNMENT -
MINISTERIAL STATEMENT - MOTION TO NOTE STATEMENT:
The Minister for Local Government (Mr Manzie) made a Statement regarding the
Commonwealth Government's inequitable policy of per capita interstate distributions
under the Local Government Financial Assistance Grants and the Commonwealth State
Housing Agreement (Paper 1932).
Mr Manzie moved - That the Assembly take note of the Statement.
Debate ensued.
Ordered - That debate be adjourned.
Statement by Speaker: The Speaker advised that permission had been given to
various media organisations for the filming, broadcasting and rebroadcasting of the
proceedings of this afternoon's visit by the President of the Philippines.
Page 348
____________________
Suspension of sitting: The sitting was suspended between 11.59 a.m. until the ringing of the bells at approximately 2.50 p.m.
____________________
And the Bells having been rung at 2.50 p.m. - Members having taken their places in the Chamber -
9. ADDRESS BY THE PRESIDENT OF THE REPUBLIC OF THE PHILIPPINES:
The President of the Republic of the Philippines having taken his place in the
Speaker's Gallery the Speaker pursuant to a resolution of the Assembly acknowledged
his presence in the following terms -
"Honourable Members, I acknowledge the presence in the Speaker's Gallery of the
President of the Republic of the Philippines, His Excellency Fidel V. Ramos. With
the concurrence of Honourable Members, I propose that His Excellency be invited to
take a seat on the Chamber floor".
The Serjeant-at-Arms escorted His Excellency to his seat on the Speaker's right.
The Chief Minister (Mr Stone) moved - That -
This Assembly welcomes His Excellency Fidel V. Ramos, President of the Republic of
the Philippines, on the occasion of his historic visit to the Northern Territory and
that he be invited to address Honourable Members.
Debate ensued.
Question - put and passed.
The Speaker invited the President of the Republic of the Philippines to address Honourable Members.
His Excellency addressed Honourable Members.
The Speaker, on behalf of Honourable Members, thanked His Excellency for the address he made to the Assembly.
The Serjeant-at-Arms escorted His Excellency from the Chamber.
____________________
Suspension of sitting: The sitting was suspended between 3.40 p.m. until the ringing of the bells.
____________________
And the bells having been rung at 6.00 p.m. -
____________________
Page 349
10. INEQUITY OF PER-CAPITA FUNDING FOR LOCAL GOVERNMENT -
MINISTERIAL STATEMENT - STATEMENT NOTED:
The order of the day having been read for the resumption of the debate on the question -
That the Statement be noted -
Debate resumed.
Question - put and passed.
11. RACING AND BETTING AMENDMENT BILL (No. 2) 1995 (Serial 96):
The Minister for Racing and Gaming (Mr Coulter), pursuant to notice, presented a Bill for
an Act to amend the Racing and Betting Act.
Bill read a first time.
Mr Coulter moved - That the Bill be now read a second time.
On the motion of the Leader of the Opposition (Mr Ede) debate was adjourned.
12. STAMP DUTY AMENDMENT BILL (No. 2) 1995 (Serial 92); and
TAXATION (ADMINISTRATION) AMENDMENT BILL 1995 (Serial 97):
Suspension of Standing Orders - Take two Bills together:
The Treasurer (Mr Reed) moved - That so much of Standing Orders be suspended as
would prevent two Bills, namely the Stamp Duty Amendment Bill (No. 2) 1995 (Serial 92)
and the Taxation (Administration) Amendment Bill 1995 (Serial 97) -
(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 Reed, pursuant to notice, presented a Bill for an Act to amend the Stamp Duty Act; and
a Bill for an Act to amend the Taxation (Administration) Act.
Bills read a first time.
Mr Reed moved - That the Bills be now read a second time.
On the motion of the Leader of the Opposition (Mr Ede) debate was adjourned.
13. CONSUMER CREDIT (NORTHERN TERRITORY) BILL 1995 (Serial 89):
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.
Leave granted for a motion for the third reading of the Bill to be moved forthwith.
On the motion of the Attorney-General (Mr Hatton) the Bill was read a third time and passed to be a proposed law.
14. SENTENCING BILL 1995 (Serial 85):
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.
Page 350
Paper tabled: The Member for Macdonnell (Mr Bell), by leave, laid on the Table the following Paper -
. Territory Labor, Policies for Growth, Jobs, Security - Law and Order, Executive Summary (Paper 1934).
Debate continued.
Personal explanation: The Member for Macdonnell (Mr Bell), by leave, pursuant to
Standing Order 54, made a personal explanation regarding comments made by the
Deputy Chief Minister and the Leader of Government Business (Mr Coulter) during this debate.
Debate continued.
Papers tabled: The Attorney-General (Mr Hatton) laid on the Table the following Papers -
. Letter, Mr Fred Finch, MLA, Attorney-General to Hon Justice J. F. Gallop,
Acting Chief Justice, Supreme Court of the Northern Territory,
dated 30 September 1994 (Paper 1935);
. Letter, J. F. Gallop, Acting Chief Justice, Supreme Court of the Northern Territory
to Hon Fred Finch, MLA, Attorney-General dated 5 October 1994 (Paper 1936);
. Letter, Brian Martin, Chief Justice, Supreme Court of the Northern Territory to
Hon F. A. Finch, MLA, Attorney-General, dated 11 November 1994 (Paper 1937);
and
. Reasons for Judgement, No. CA 18 of 1993 on appeal from SCC No 85 of 1993
between Terry Marritjngu Munugurr, Applicant and The Queen, Respondent,
delivered 11 February 1994 (Paper 1938).
Debate continued.
Question - put and passed.
Bill read a second time.
The Assembly, according to Order, resolved itself into Committee of the whole for the consideration of the Bill.
____________________
In the Committee
(Chairman - Mr Setter)
Clauses 1 to 4, by leave, taken together and agreed to.
Clause 5 read.
The Member for Macdonnell (Mr Bell) moved the following amendment -
Insert after proposed section 5 (2) (r) the following:
"(ra) Aboriginal customary law; and
(rb) the principle that a court may not make a
sentencing order which includes an order that the
offender serve a term of imprisonment unless the
other orders permitted to be made under section 7
are not appropriate;".
Debate ensued.
Page 351
Question - put.
The Assembly divided (the Chairman, Mr R.A. Setter, in the Chair) -
AYES, 7 NOES, 15
Mr Bailey Mr Adamson
Mr Bell Mr Baldwin
Mr Ede Mrs Braham
Mrs Hickey Mr Burke
Ms Martin Mr Coulter
Mr Rioli Mr Finch
Mr Stirling Mr Hatton
Dr Lim
Mr Manzie
Mr McCarthy
Mr Mitchell
Mrs Padgham-Purich
Mr Poole
Mr Reed
Mr Setter
Amendment negatived accordingly.
Clause 5 agreed to.
Clauses 6 to 10, by leave, taken together and agreed to.
Clause 11 read.
On the motion of the Attorney-General (Mr Hatton) the following amendment was agreed to -
Omit from subclause (1) "discharged" and insert in
its stead "released".
On the motion of Mr Hatton the following further amendment was agreed to -
Omit from subclause (1) (c) "special".
Clause 11, as amended, agreed to.
Clause 12 agreed to.
Clause 13 read.
On the motion of Mr Hatton the following amendment was agreed to -
Omit from subclause (1) "discharged" and insert in
its stead "released".
Clause 13, as amended, agreed to.
Clause 14 read.
On the motion of Mr Hatton the following amendment was agreed to -
Omit from subclause (1) (a) "the circumstances of the
offender" and insert in its stead "circumstances,
including those of the offender,".
Clause 14, as amended, agreed to.
Page 352
Clause 15 read.
On the motion of Mr Hatton the following amendment was agreed to -
Omit subclause (5) and insert in its stead the
following:
"(5) In determining how to deal with an offender
under subsection (4) (c), a court shall take into
account the extent to which the offender had
complied with the order before its cancellation
or expiration.".
Clause 15, as amended, agreed to.
Clauses 16 to 19, by leave, taken together and agreed to.
Clause 20 read.
On the motion of Mr Hatton the following amendment was agreed to -
Omit from paragraph (b) "time" and insert in its
stead "time, which may be longer or shorter than the
period referred to in section 19,".
Clause 20, as amended, agreed to.
Clauses 21 to 23, by leave, taken together and agreed to.
Clause 24 read.
On the motion of Mr Hatton the following amendment was agreed to -
Omit "Consolidated Fund" and insert in its stead
"Consolidated Revenue Account".
Clause 24, as amended, agreed to.
Clauses 25 and 26, by leave, taken together and agreed to.
Clause 27 read.
On the motion of Mr Hatton the following amendment was agreed to -
Omit from subclause (1) "section 25" and insert in
its stead "section 25 or been executed".
On the motion of Mr Hatton the following further amendment was agreed to -
Omit from subclause (5) (b) "those hours of
participation" and insert in its stead "the number of
hours of participation remaining in the approved
program or programs".
On the motion of Mr Hatton the following further amendment was agreed to -
Omit from subclause (9) "in prison" (twice occurring)
and insert in its stead "in custody".
On the motion of Mr Hatton the following further amendment was agreed to -
Omit from subclause (9) "discharged from the prison"
and insert in its stead "released from custody".
On the motion of Mr Hatton the following further amendment was agreed to -
Omit from subclause (9) "imprisoned" and insert in
its stead "in custody".
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On the motion of Mr Hatton the following further amendment was agreed to -
Omit from subclause (10) "for 8 hours for each $100
or part thereof" and insert in its stead "for one hour
for each $12.50".
Clause 27, as amended, agreed to.
Clause 28 read.
On the motion of Mr Hatton the following amendment was agreed to -
Omit from subclause (2) (a) "specifying" and insert
in its stead "shall specify in the statement".
On the motion of Mr Hatton the following further amendment was agreed to -
Omit from subclause (3) "$100 for each 8 hours" and
insert in its stead "$12.50 for each hour".
Clause 28, as amended, agreed to.
Clauses 29 and 30, by leave, taken together and agreed to.
Clause 31 read.
On the motion of Mr Hatton the following amendment was agreed to -
Omit from subclause (6) "8 hours for each $100 or
part thereof" and insert in its stead "one hour for
each $12.50".
Clause 31, as amended, agreed to.
Clauses 32 to 47, by leave, taken together and agreed to.
Clause 48 read.
On the motion of Mr Hatton the following amendment was agreed to -
Omit subclause (9) and insert in its stead the
following:
"(9) A court is not required to revoke a home
detention order where -
(a) the offender has breached the order by virtue
of subsection (1) (a), (b), (c), (d), (e),
(f) or (g) and the court is of the opinion
that, having regard to the circumstances of
the offender or the breach, the order should
continue in force; or
(b) the offender has breached the order by virtue
of subsection (1) (h) and the offence
committed is a regulatory offence or not
punishable by imprisonment.".
Clause 48, as amended, agreed to.
Clauses 49 to 51, by leave, taken together and agreed to.
Clause 52 read.
On the motion of Mr Hatton the following amendment was agreed to -
Add at the end the following:
Page 354
"(2) A court shall not impose one term of
imprisonment under subsection (1) where one of
the offences in respect of which the term of
imprisonment would be imposed is an offence
against section 192 (3) of the Criminal Code.".
Clause 52, as amended, agreed to.
Clauses 53 and 54, by leave, taken together and agreed to.
Clause 55 read.
On the motion of Mr Hatton the following amendment was agreed to -
Omit subclause (3).
Clause 55, as amended, agreed to.
Clause 56 agreed to.
Clause 57 read.
On the motion of Mr Hatton the following amendment was agreed to -
Add at the end of subclause (2) the following:
"(c) shall not be less than the non-parole period
required to be fixed under section 54 or 55, as
the case may be, in respect of the further
sentence.".
Clause 57, as amended, agreed to.
Clauses 58 to 78, by leave, taken together and agreed to.
Clause 79 read.
On the motion of Mr Hatton the following amendment was agreed to, after debate -
Add at the end the following:
"(3) Where at any time before the expiry of an
order made under subsection (1), the court
receives advice in writing from the Chief Medical
Officer that the person is not suffering from a
mental illness or that the detention of the
person in a hospital is unnecessary or
inappropriate, the court shall pass sentence on
the person according to law.".
Clause 79, as amended, agreed to.
Clause 80 agreed to.
Clause 81 read.
On the motion of Mr Hatton the following amendment was agreed to -
Insert after subclause (1) the following:
"(1A) Where at any time before the expiry of an order
made under section 80 (1) (d), the court
receives advice in writing from the Chief
Medical Officer that the person is not
suffering from a mental illness or that the
detention of the person in a hospital is
unnecessary or inappropriate, the court shall
pass sentence on the person according to law.".
Clause 81, as amended, agreed to.
Clauses 82 to 87, by leave, taken together and agreed to.
Clause 88 read.
On the motion of Mr Hatton the following amendment was agreed to -
Page 355
Omit from paragraph (a) "the offence" and insert in its stead "an offence".
Clause 88, as amended, agreed to.
Clauses 89 to 92, by leave, taken together and agreed to.
Clause 93 read.
On the motion of Mr Hatton the following amendment was agreed to -
Omit subclause (2).
On the motion of Mr Hatton the following further amendment was agreed to -
Insert at the end the following:
"(6) In addition to subsection (5), where it
appears to a court that there are reasonable
grounds for believing that an offender has failed
to comply with an order made under this Division,
the court may issue a warrant to arrest the
offender and for the offender to be brought
before the court to show cause why the offender
should not be imprisoned because of the
offender's failure to comply with the order.".
Clause 93, as amended, agreed to.
Clauses 94 to 101, by leave, taken together and agreed to.
Clause 102 read.
Mr Bell moved the following amendment -
Omit from proposed section 102 (1) "by the offender"
and insert in its stead "by the offender or, if
necessary, by the use of an interpreter".
Debate ensued.
Amendment negatived.
Mr Bell moved the following further amendment -
Omit proposed section 102 (2).
Debate ensued.
Amendment negatived.
Clause 102 , as printed agreed to.
Remainder of the Bill, by leave, taken as a whole and 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.
Question - put and passed.
The Bill was read a third time and passed to be a proposed law.
Page 356
15. TRADE MEASUREMENT ADMINISTRATION AMENDMENT BILL 1995 (Serial 81):
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.
Leave granted for a motion for the third reading of the Bill to be moved forthwith.
On the motion of the Attorney-General (Mr Hatton) the Bill was read a third time and passed to be a proposed law.
16. ADJOURNMENT:
The Minister for Primary Industry and Fisheries (Mr Palmer) moved - That the Assembly do now adjourn.
Debate ensued.
Question - put and passed.
And the Assembly adjourned at 11.53 p.m. until tomorrow at 10.00 a.m.
__________________________
ATTENDANCE:
All Members attended the sitting.
Page 357
__________________________________________________________________________________
Date : 23/08/1995
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. VISITORS:
The Speaker (Mr McCarthy) drew the attention of Honourable Members to the presence
in the gallery of students from the Northern Territory University's Faculty of Aboriginal and
Islander Studies Certificate in General Education and their lecturer, Mr Bill Langlands; and
students from Years 5 to 7 from Parap Primary School and their teacher,
Ms Linda Brodie.
On behalf of Honourable Members, the Speaker extended a warm welcome to the visitors.
4. NOTICES:
The following notices were given:
Mr Coulter: To present the Gaming Control Amendment (No. 2) Bill 1995 (Serial 102).
Mr Coulter: To present the Gaming Machine Bill 1995 (Serial 101).
Mr Hatton: To present the Statute Law Revision (No. 2) Bill 1995 (Serial 103).
5. QUESTIONS:
Questions were asked of Ministers.
Paper tabled: The Leader of the Opposition (Mr Ede), by leave, laid on the Table the following Paper -
. Page 43 of the Northern Territory Telephone Directory (Paper 1927).
Further questions were asked of Members.
Paper tabled: The Minister for Lands, Planning and Environment (Mr Reed) laid on the Table the following Paper -
. Press Release from Clare Martin, MLA, Member for Fannie Bay,
dated 9 August 1995 (Paper 1928).
Further questions were asked of Ministers.
6. VISIT BY HIS EXCELLENCY THE PRESIDENT OF THE PHILIPPINES -
MOTION AGREED TO:
The Leader of Government Business (Mr Coulter), by leave, moved - That, unless
otherwise ordered, the following programme of business be agreed to:
(1) that this sitting of the Assembly be suspended until the ringing of the Bells at approximately 3.05 p.m.;
(2) that, upon resumption of the sitting, the Order of Business be as follows:
Page 347
(a) the Speaker acknowledge the presence of His Excellency
President Ramos and invite him to take a seat on the floor of the Assembly Chamber;
(b) the Chief Minister move a motion of welcome to His Excellency
President Ramos and the Leader of the Opposition speaks supporting the motion;
(c) after the question is put by the Speaker, His Excellency be invited to
respond to the speeches made:
(3) at the conclusion of speeches, the sitting be further suspended until the
ringing of the Bells at approximately 6.00 p.m.
Question - put and passed.
7. SUPPLEMENTARY ANSWERS TO QUESTIONS:
The Minister for Health Services (Mr Finch) gave a supplementary answer to a
question asked by the Member for Nelson (Mrs Padgham-Purich) today.
Mr Finch gave a further supplementary answer to a question asked by the Member
for Wanguri (Mr Bailey) this day.
Papers tabled: Mr Finch laid on the Table the following Papers -
. Letter, Suzan Cox, President, Criminal Lawyers Association of the Northern
Territory, to Mr Michael McKenzie, ABC Radio, dated 17 July 1995 (Paper 1933);
. Letter, Suzan Cox, President, Criminal Lawyers Association of the Northern
Territory, to Hon Fred Finch, MLA, dated 14 July 1995 (Paper 1929); and
. Programme, Criminal Lawyers Association of the Northern Territory Biennial
Conference - Bali, 25 June to 30 June 1995 (Paper 1930).
The Minister for Education and Training (Mr Hatton) gave a supplementary answer to a
question asked by the Member for Macdonnell (Mr Bell) yesterday.
Paper tabled: Mr Hatton laid on the Table the following Paper -
. Roll for Imanpa School (Paper 1931).
8. INEQUITY OF PER-CAPITA FUNDING FOR LOCAL GOVERNMENT -
MINISTERIAL STATEMENT - MOTION TO NOTE STATEMENT:
The Minister for Local Government (Mr Manzie) made a Statement regarding the
Commonwealth Government's inequitable policy of per capita interstate distributions
under the Local Government Financial Assistance Grants and the Commonwealth State
Housing Agreement (Paper 1932).
Mr Manzie moved - That the Assembly take note of the Statement.
Debate ensued.
Ordered - That debate be adjourned.
Statement by Speaker: The Speaker advised that permission had been given to
various media organisations for the filming, broadcasting and rebroadcasting of the
proceedings of this afternoon's visit by the President of the Philippines.
Page 348
____________________
Suspension of sitting: The sitting was suspended between 11.59 a.m. until the ringing of the bells at approximately 2.50 p.m.
____________________
And the Bells having been rung at 2.50 p.m. - Members having taken their places in the Chamber -
9. ADDRESS BY THE PRESIDENT OF THE REPUBLIC OF THE PHILIPPINES:
The President of the Republic of the Philippines having taken his place in the
Speaker's Gallery the Speaker pursuant to a resolution of the Assembly acknowledged
his presence in the following terms -
"Honourable Members, I acknowledge the presence in the Speaker's Gallery of the
President of the Republic of the Philippines, His Excellency Fidel V. Ramos. With
the concurrence of Honourable Members, I propose that His Excellency be invited to
take a seat on the Chamber floor".
The Serjeant-at-Arms escorted His Excellency to his seat on the Speaker's right.
The Chief Minister (Mr Stone) moved - That -
This Assembly welcomes His Excellency Fidel V. Ramos, President of the Republic of
the Philippines, on the occasion of his historic visit to the Northern Territory and
that he be invited to address Honourable Members.
Debate ensued.
Question - put and passed.
The Speaker invited the President of the Republic of the Philippines to address Honourable Members.
His Excellency addressed Honourable Members.
The Speaker, on behalf of Honourable Members, thanked His Excellency for the address he made to the Assembly.
The Serjeant-at-Arms escorted His Excellency from the Chamber.
____________________
Suspension of sitting: The sitting was suspended between 3.40 p.m. until the ringing of the bells.
____________________
And the bells having been rung at 6.00 p.m. -
____________________
Page 349
10. INEQUITY OF PER-CAPITA FUNDING FOR LOCAL GOVERNMENT -
MINISTERIAL STATEMENT - STATEMENT NOTED:
The order of the day having been read for the resumption of the debate on the question -
That the Statement be noted -
Debate resumed.
Question - put and passed.
11. RACING AND BETTING AMENDMENT BILL (No. 2) 1995 (Serial 96):
The Minister for Racing and Gaming (Mr Coulter), pursuant to notice, presented a Bill for
an Act to amend the Racing and Betting Act.
Bill read a first time.
Mr Coulter moved - That the Bill be now read a second time.
On the motion of the Leader of the Opposition (Mr Ede) debate was adjourned.
12. STAMP DUTY AMENDMENT BILL (No. 2) 1995 (Serial 92); and
TAXATION (ADMINISTRATION) AMENDMENT BILL 1995 (Serial 97):
Suspension of Standing Orders - Take two Bills together:
The Treasurer (Mr Reed) moved - That so much of Standing Orders be suspended as
would prevent two Bills, namely the Stamp Duty Amendment Bill (No. 2) 1995 (Serial 92)
and the Taxation (Administration) Amendment Bill 1995 (Serial 97) -
(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 Reed, pursuant to notice, presented a Bill for an Act to amend the Stamp Duty Act; and
a Bill for an Act to amend the Taxation (Administration) Act.
Bills read a first time.
Mr Reed moved - That the Bills be now read a second time.
On the motion of the Leader of the Opposition (Mr Ede) debate was adjourned.
13. CONSUMER CREDIT (NORTHERN TERRITORY) BILL 1995 (Serial 89):
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.
Leave granted for a motion for the third reading of the Bill to be moved forthwith.
On the motion of the Attorney-General (Mr Hatton) the Bill was read a third time and passed to be a proposed law.
14. SENTENCING BILL 1995 (Serial 85):
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.
Page 350
Paper tabled: The Member for Macdonnell (Mr Bell), by leave, laid on the Table the following Paper -
. Territory Labor, Policies for Growth, Jobs, Security - Law and Order, Executive Summary (Paper 1934).
Debate continued.
Personal explanation: The Member for Macdonnell (Mr Bell), by leave, pursuant to
Standing Order 54, made a personal explanation regarding comments made by the
Deputy Chief Minister and the Leader of Government Business (Mr Coulter) during this debate.
Debate continued.
Papers tabled: The Attorney-General (Mr Hatton) laid on the Table the following Papers -
. Letter, Mr Fred Finch, MLA, Attorney-General to Hon Justice J. F. Gallop,
Acting Chief Justice, Supreme Court of the Northern Territory,
dated 30 September 1994 (Paper 1935);
. Letter, J. F. Gallop, Acting Chief Justice, Supreme Court of the Northern Territory
to Hon Fred Finch, MLA, Attorney-General dated 5 October 1994 (Paper 1936);
. Letter, Brian Martin, Chief Justice, Supreme Court of the Northern Territory to
Hon F. A. Finch, MLA, Attorney-General, dated 11 November 1994 (Paper 1937);
and
. Reasons for Judgement, No. CA 18 of 1993 on appeal from SCC No 85 of 1993
between Terry Marritjngu Munugurr, Applicant and The Queen, Respondent,
delivered 11 February 1994 (Paper 1938).
Debate continued.
Question - put and passed.
Bill read a second time.
The Assembly, according to Order, resolved itself into Committee of the whole for the consideration of the Bill.
____________________
In the Committee
(Chairman - Mr Setter)
Clauses 1 to 4, by leave, taken together and agreed to.
Clause 5 read.
The Member for Macdonnell (Mr Bell) moved the following amendment -
Insert after proposed section 5 (2) (r) the following:
"(ra) Aboriginal customary law; and
(rb) the principle that a court may not make a
sentencing order which includes an order that the
offender serve a term of imprisonment unless the
other orders permitted to be made under section 7
are not appropriate;".
Debate ensued.
Page 351
Question - put.
The Assembly divided (the Chairman, Mr R.A. Setter, in the Chair) -
AYES, 7 NOES, 15
Mr Bailey Mr Adamson
Mr Bell Mr Baldwin
Mr Ede Mrs Braham
Mrs Hickey Mr Burke
Ms Martin Mr Coulter
Mr Rioli Mr Finch
Mr Stirling Mr Hatton
Dr Lim
Mr Manzie
Mr McCarthy
Mr Mitchell
Mrs Padgham-Purich
Mr Poole
Mr Reed
Mr Setter
Amendment negatived accordingly.
Clause 5 agreed to.
Clauses 6 to 10, by leave, taken together and agreed to.
Clause 11 read.
On the motion of the Attorney-General (Mr Hatton) the following amendment was agreed to -
Omit from subclause (1) "discharged" and insert in
its stead "released".
On the motion of Mr Hatton the following further amendment was agreed to -
Omit from subclause (1) (c) "special".
Clause 11, as amended, agreed to.
Clause 12 agreed to.
Clause 13 read.
On the motion of Mr Hatton the following amendment was agreed to -
Omit from subclause (1) "discharged" and insert in
its stead "released".
Clause 13, as amended, agreed to.
Clause 14 read.
On the motion of Mr Hatton the following amendment was agreed to -
Omit from subclause (1) (a) "the circumstances of the
offender" and insert in its stead "circumstances,
including those of the offender,".
Clause 14, as amended, agreed to.
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Clause 15 read.
On the motion of Mr Hatton the following amendment was agreed to -
Omit subclause (5) and insert in its stead the
following:
"(5) In determining how to deal with an offender
under subsection (4) (c), a court shall take into
account the extent to which the offender had
complied with the order before its cancellation
or expiration.".
Clause 15, as amended, agreed to.
Clauses 16 to 19, by leave, taken together and agreed to.
Clause 20 read.
On the motion of Mr Hatton the following amendment was agreed to -
Omit from paragraph (b) "time" and insert in its
stead "time, which may be longer or shorter than the
period referred to in section 19,".
Clause 20, as amended, agreed to.
Clauses 21 to 23, by leave, taken together and agreed to.
Clause 24 read.
On the motion of Mr Hatton the following amendment was agreed to -
Omit "Consolidated Fund" and insert in its stead
"Consolidated Revenue Account".
Clause 24, as amended, agreed to.
Clauses 25 and 26, by leave, taken together and agreed to.
Clause 27 read.
On the motion of Mr Hatton the following amendment was agreed to -
Omit from subclause (1) "section 25" and insert in
its stead "section 25 or been executed".
On the motion of Mr Hatton the following further amendment was agreed to -
Omit from subclause (5) (b) "those hours of
participation" and insert in its stead "the number of
hours of participation remaining in the approved
program or programs".
On the motion of Mr Hatton the following further amendment was agreed to -
Omit from subclause (9) "in prison" (twice occurring)
and insert in its stead "in custody".
On the motion of Mr Hatton the following further amendment was agreed to -
Omit from subclause (9) "discharged from the prison"
and insert in its stead "released from custody".
On the motion of Mr Hatton the following further amendment was agreed to -
Omit from subclause (9) "imprisoned" and insert in
its stead "in custody".
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On the motion of Mr Hatton the following further amendment was agreed to -
Omit from subclause (10) "for 8 hours for each $100
or part thereof" and insert in its stead "for one hour
for each $12.50".
Clause 27, as amended, agreed to.
Clause 28 read.
On the motion of Mr Hatton the following amendment was agreed to -
Omit from subclause (2) (a) "specifying" and insert
in its stead "shall specify in the statement".
On the motion of Mr Hatton the following further amendment was agreed to -
Omit from subclause (3) "$100 for each 8 hours" and
insert in its stead "$12.50 for each hour".
Clause 28, as amended, agreed to.
Clauses 29 and 30, by leave, taken together and agreed to.
Clause 31 read.
On the motion of Mr Hatton the following amendment was agreed to -
Omit from subclause (6) "8 hours for each $100 or
part thereof" and insert in its stead "one hour for
each $12.50".
Clause 31, as amended, agreed to.
Clauses 32 to 47, by leave, taken together and agreed to.
Clause 48 read.
On the motion of Mr Hatton the following amendment was agreed to -
Omit subclause (9) and insert in its stead the
following:
"(9) A court is not required to revoke a home
detention order where -
(a) the offender has breached the order by virtue
of subsection (1) (a), (b), (c), (d), (e),
(f) or (g) and the court is of the opinion
that, having regard to the circumstances of
the offender or the breach, the order should
continue in force; or
(b) the offender has breached the order by virtue
of subsection (1) (h) and the offence
committed is a regulatory offence or not
punishable by imprisonment.".
Clause 48, as amended, agreed to.
Clauses 49 to 51, by leave, taken together and agreed to.
Clause 52 read.
On the motion of Mr Hatton the following amendment was agreed to -
Add at the end the following:
Page 354
"(2) A court shall not impose one term of
imprisonment under subsection (1) where one of
the offences in respect of which the term of
imprisonment would be imposed is an offence
against section 192 (3) of the Criminal Code.".
Clause 52, as amended, agreed to.
Clauses 53 and 54, by leave, taken together and agreed to.
Clause 55 read.
On the motion of Mr Hatton the following amendment was agreed to -
Omit subclause (3).
Clause 55, as amended, agreed to.
Clause 56 agreed to.
Clause 57 read.
On the motion of Mr Hatton the following amendment was agreed to -
Add at the end of subclause (2) the following:
"(c) shall not be less than the non-parole period
required to be fixed under section 54 or 55, as
the case may be, in respect of the further
sentence.".
Clause 57, as amended, agreed to.
Clauses 58 to 78, by leave, taken together and agreed to.
Clause 79 read.
On the motion of Mr Hatton the following amendment was agreed to, after debate -
Add at the end the following:
"(3) Where at any time before the expiry of an
order made under subsection (1), the court
receives advice in writing from the Chief Medical
Officer that the person is not suffering from a
mental illness or that the detention of the
person in a hospital is unnecessary or
inappropriate, the court shall pass sentence on
the person according to law.".
Clause 79, as amended, agreed to.
Clause 80 agreed to.
Clause 81 read.
On the motion of Mr Hatton the following amendment was agreed to -
Insert after subclause (1) the following:
"(1A) Where at any time before the expiry of an order
made under section 80 (1) (d), the court
receives advice in writing from the Chief
Medical Officer that the person is not
suffering from a mental illness or that the
detention of the person in a hospital is
unnecessary or inappropriate, the court shall
pass sentence on the person according to law.".
Clause 81, as amended, agreed to.
Clauses 82 to 87, by leave, taken together and agreed to.
Clause 88 read.
On the motion of Mr Hatton the following amendment was agreed to -
Page 355
Omit from paragraph (a) "the offence" and insert in its stead "an offence".
Clause 88, as amended, agreed to.
Clauses 89 to 92, by leave, taken together and agreed to.
Clause 93 read.
On the motion of Mr Hatton the following amendment was agreed to -
Omit subclause (2).
On the motion of Mr Hatton the following further amendment was agreed to -
Insert at the end the following:
"(6) In addition to subsection (5), where it
appears to a court that there are reasonable
grounds for believing that an offender has failed
to comply with an order made under this Division,
the court may issue a warrant to arrest the
offender and for the offender to be brought
before the court to show cause why the offender
should not be imprisoned because of the
offender's failure to comply with the order.".
Clause 93, as amended, agreed to.
Clauses 94 to 101, by leave, taken together and agreed to.
Clause 102 read.
Mr Bell moved the following amendment -
Omit from proposed section 102 (1) "by the offender"
and insert in its stead "by the offender or, if
necessary, by the use of an interpreter".
Debate ensued.
Amendment negatived.
Mr Bell moved the following further amendment -
Omit proposed section 102 (2).
Debate ensued.
Amendment negatived.
Clause 102 , as printed agreed to.
Remainder of the Bill, by leave, taken as a whole and 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.
Question - put and passed.
The Bill was read a third time and passed to be a proposed law.
Page 356
15. TRADE MEASUREMENT ADMINISTRATION AMENDMENT BILL 1995 (Serial 81):
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.
Leave granted for a motion for the third reading of the Bill to be moved forthwith.
On the motion of the Attorney-General (Mr Hatton) the Bill was read a third time and passed to be a proposed law.
16. ADJOURNMENT:
The Minister for Primary Industry and Fisheries (Mr Palmer) moved - That the Assembly do now adjourn.
Debate ensued.
Question - put and passed.
And the Assembly adjourned at 11.53 p.m. until tomorrow at 10.00 a.m.
__________________________
ATTENDANCE:
All Members attended the sitting.
Page 357
Last updated: 04 Aug 2016