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Minutes of Proceedings - 1996-08-22

Seventh Assembly First Session 20/08/1996 Parliamentary Record No. 24
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Date : 22/08/1996

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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. DISTINGUISHED VISITOR:

The Speaker (Mr McCarthy) drew the attention of Honourable Members to the presence in the Speaker’s Gallery of Mr Roger Vale, former Member for Braitling and former Speaker of the Legislative Assembly.

On behalf of Honourable Members, the Speaker extended a warm welcome to the distinguished visitor.

4. VISITORS:

The Speaker (Mr McCarthy) drew the attention of Honourable Members to the presence in the gallery of adult English as a Second Language students from Casuarina Secondary College and their lecturer, Mrs Marian Visentin.

On behalf of Honourable Members, the Speaker extended a warm welcome to the visitors.

5. QUESTIONS:

Questions were asked of Ministers.

Paper tabled:

The Chief Minister (Mr Stone) laid on the Table the following Paper -

‘Govt sneaks in fee rises: Bailey’,

Northern Territory News

, Article, dated 8 July 1996 (Papers 2628 and 2629).

A further question was asked of a Minister.

Paper tabled:

The Deputy Leader of the Opposition (Mr Bailey), by leave, laid on the Table the following Paper -

Financial Accounts for the year ended 30 June 1995, Nalisi Pty Limited, A.C.N. 002 173 177 (Paper 2634).

Further questions were asked of Ministers.

6. AUDITOR-GENERAL’S REPORT - END OF FINANCIAL YEAR REPORT - PAPER TABLED - PAPER PRINTED - MOTION TO NOTE PAPER:

The Speaker laid on the Table the Auditor-General’s End of Financial Year Report to the Legislative Assembly (Paper 2637).

The Chief Minister (Mr Stone) moved - That the Paper be printed.

Question - put and passed.

Mr Stone moved - That the Assembly take note of the Paper.

Ordered - That Mr Stone have leave to continue his remarks at a later hour.

Debate adjourned.

7. STATEHOOD FOR THE NORTHERN TERRITORY - MINISTERIAL STATEMENT - STATEMENT NOTED:

The Chief Minister (Mr Stone) made a statement relating to the proposal that the Northern Territory become the seventh State of the Commonwealth of Australia (Paper 2639.

Mr Stone moved - That the Assembly take note of the Statement.

Debate ensued.

Papers tabled:

The Leader of the Opposition (Mrs Hickey), by leave, laid on the Table the following Papers -

Letter, Maggie Hickey, MLA, Leader of the Opposition to Hon J. Howard, MP, Prime Minister, dated 17 May 1996 (Paper 2642);

Letter, Hon J. Howard, MP, Prime Minister to Ms Maggie Hickey, MLA, Leader of the Opposition, dated 29 July 1996 (Paper 2643); and

Letter, Mr Kim C. Beazley, MP, Federal Leader of the Opposition to Ms Maggie Hickey, MLA, Leader of the Opposition, dated 22 July 1996 (Paper 2644).

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Suspension of sitting:

The sitting was suspended between 11.53 a.m. and 2.00 p.m.

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Debate resumed.

Question - put and passed.

8. FINAL DRAFT CONSTITUTION FOR THE NORTHERN TERRITORY - SESSIONAL COMMITTEE ON CONSTITUTIONAL DEVELOPMENT - PAPER TABLED - PAPER PRINTED - MOTION TO NOTE STATEMENT:

The Chairman of the Sessional Committee on Constitutional Development (Mr Hatton) laid on the Table the Final Draft Constitution for the Northern Territory and Addendum (Paper 2638).

Mr Hatton moved - That the Paper be printed.

Question - put and passed.

Mr Hatton moved - That the Assembly take note of the Paper.

Debate ensued.

Extension of time to complete speech:

The Minister for Mines and Energy (Mr Manzie) moved - That so much of Standing Orders be suspended as would prevent Mr Hatton being granted an extension of time sufficient to complete his remarks.

Question - put and passed.

Debate continued.

On the motion of the Member for Victoria River (Mr Baldwin) debate was adjourned.

9. NORTHERN TERRITORY EXPO 96 - MINISTERIAL STATEMENT - STATEMENT NOTED:

The Minister for Asian Relations, Trade and Industry (Mr Poole) made a statement relating to N T Expo 96 and recognised the contribution made by Territory companies, industry associations and Government Agencies involved (Paper 2630).

Mr Poole moved - That the Assembly take note of the Statement.

Debate ensued.

Question - put and passed.

10. DRAFT PARKS MASTERPLAN - PAPER TABLED - MOTION TO NOTE PAPER:

The Minister for Parks and Wildlife (Mr Hatton), by leave, laid on the Table the Draft Northern Territory Parks Masterplan and Executive Summary (Paper 2640 and Paper 2641).

Mr Hatton made a statement relating thereto.

Mr Hatton moved - That the Assembly take note of the Paper.

On the motion of the Leader of the Opposition (Mrs Hickey) debate was adjourned.

11. REGULATIONS 1996, No. 34, RIGHTS OF THE TERMINALLY ILL REGULATIONS - STATEMENT:

The Chairman of the Subordinate Legislation and Tabled Papers Committee (Mr Setter), by leave, made a statement in regard to the Committee’s consideration of Regulations 1996, No. 34, Rights of the Terminally Ill Regulations which were tabled on Tuesday 13 August 1996.

12. NOTICE:

The following notice was given, by leave:

Mr Setter: That this Assembly disallow Regulations 1996, No. 11, Amendments of Work Health Regulations which were tabled in this Assembly on Tuesday 14 May 1996.

13. TERRITORY PARKS AND WILDLIFE CONSERVATION AMENDMENT BILL 1996 (Serial 173):

The Minister for Parks and Wildlife (Mr Hatton), pursuant to notice, presented a Bill for an Act to amend the

Territory Parks and Wildlife Conservation 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 Arafura (Mr Rioli) debate was adjourned.

14. MINING AMENDMENT BILL 1996 (Serial 177):

The Minister for Mines and Energy (Mr Manzie), pursuant to notice, presented a Bill for an Act to amend the

Mining Act

Bill read a first time.

Mr Manzie moved - That the Bill be now read a second time.

On the motion of the Member for Nhulunbuy (Mr Stirling) debate was adjourned.

15. STOCK DISEASES AMENDMENT BILL 1996 (Serial 168):

The Minister for Primary Industry and Fisheries (Mr Palmer), pursuant to notice, presented a Bill for an Act to amend the

Stock Diseases Act

Bill read a first time.

Mr Palmer moved - That the Bill be now read a second time.

On the motion of the Member for Nhulunbuy (Mr Stirling) debate was adjourned.

16. STOCK (ARTIFICIAL BREEDING) AMENDMENT BILL 1996 (Serial 169);STOCK ROUTES AND TRAVELLING STOCK AMENDMENT BILL 1996 (Serial 170); STOCK (CONTROL OF HORMONAL GROWTH PROMOTANTS) AMENDMENT BILL 1996 (Serial 171); and BRANDS AMENDMENT BILL 1996 (Serial 172):

Suspension of Standing Orders - Take four Bills together:

The Minister for Primary Industry and Fisheries (Mr Palmer) moved - That so much of Standing Orders be suspended as would prevent four Bills, namely the Stock (Artificial Breeding) Amendment Bill 1996 (Serial 169); Stock Routes and Travelling Stock Amendment Bill 1996 (Serial 170);

Stock (Control of Hormonal Growth Promotants) Amendment Bill 1996 (Serial 171); and the Brands Amendment Bill 1996 (Serial 172) -

(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 Palmer, pursuant to notice, presented a Bill for an Act to amend the

Stock (Artificial Breeding) Act

; a Bill for an Act to amend the

Stock Routes and Travelling Stock Act

; a Bill for an Act to amend the

Stock (Control of Hormonal Growth Promotants) Act

; and a Bill for an Act to amend the

Brands Act

Bills read a first time.

Mr Palmer moved - That the Bills be now read a second time.

On the motion of the Member for Nhulunbuy (Mr Stirling) debate was adjourned.

17. MEAT INDUSTRIES BILL 1996 (Serial 175):

The Minister for Primary Industry and Fisheries (Mr Palmer), pursuant to notice, presented a Bill for an Act to provide for the control of the slaughter of animals and processing of meat for human consumption and for use as pet meat, to otherwise regulate the meat industries and for related purposes.

Bill read a first time.

Mr Palmer moved - That the Bill be now read a second time.

On the motion of the Member for Arafura (Mr Stirling) debate was adjourned.

18. APPROPRIATION BILL 1996-97 (Serial 166):

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.

Ordered - That the Treasurer (Mr Reed) have leave to continue his remarks at a later hour.

Debate adjourned.

19. POLICE ADMINISTRATION AMENDMENT BILL (No. 2) 1996 (Serial 164):

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.

Suspension of Standing Orders - Motion negatived:

The Member for Macdonnell (Mr Bell) moved - That so much of Standing Orders be suspended as would prevent him moving a motion to allow him to continue his remarks at a later hour.

Question - put and negatived.

Debate continued.

Paper tabled:

The Chief Minister (Mr Stone) laid on the Table the following Paper -

Letter, Mr Norm Brooks, Manager, Industrial Relations, Northern Territory Police to Mr Maxwell J. Hill, Executive Officer, Northern Territory Police Association Inc, dated 20 August 1996 (Paper 2645).

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.

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In the Committee
(Chairman - Mr Setter)

Clauses 1 to 9, by leave, taken together and agreed to, after debate.

Clause 10 read.

The Leader of the Opposition (Mrs Hickey) moved the following amendment -

Omit from proposed section 80(1)(c)(i) “Police Force” and insert in its stead “Police Force (but not so that the member would hold a rank below that which he held immediately before the transfer)”.

Amendment negatived, after debate.

Mrs Hickey moved the following further amendment -

Omit proposed section 80(2)(a).

Amendment negatived, after debate.

Mrs Hickey moved the following further amendment -

Omit proposed section 82(3) and insert in its stead the following:

“(3) The Commissioner may, after reviewing the progress of an investigation under subsection (2) before the expiration of the period of 3 months, extend the period of investigation by one further period of not more that 3 months.”.

Amendment negatived, after debate.

Mrs Hickey, by leave, moved the following further amendments together -

Omit proposed section 84B(2).

Omit proposed section 84B(3).

Amendments negatived, after debate.

On the motion of the Chief Minister (Mr Stone) the following amendment was agreed to, after debate -

Omit from proposed section 84B(3) “Assistance provided by a legal practitioner under subsection (2)” and insert in its stead “Representation or assistance provided by a legal practitioner under this section”.

Clause 10, as amended, agreed to.

Clauses 11 to 13, by leave, taken together.

On the motion of Mr Stone the following amendments were taken together, by leave, and agreed to, after debate -

Omit from Clause 11 “section 93(2)” and insert in its stead “section 93”;

Omit from paragraph (a) of Clause 11 “omitting” and insert in its stead “omitting from subsection (2)”;

Omit from paragraph (b) of Clause 11 “omitting from paragraph (c)” and insert in its stead “omitting from subsection (2)(c)”;

Add at the end of Clause 11 the following:

“(c) by omitting subsection (6) and substituting the following:

“ ‘(6) The Chairman and members of a Promotions Appeal Board hold office -

(a) for three years; and

(b) subject to the terms and conditions determined by the Minister.’.”;

Omit from Clause 12 “section 94(2)” and insert in its stead “section 94”;

Omit from paragraph (a) of Clause 12 “omitting” and insert in its stead “omitting from subsection (2)”;

Omit from paragraph (b) of Clause 12 “omitting from paragraph (c)” and insert in its stead “omitting from subsection (2)(c)”;

Add at the end of Clause 12 the following:

“(c) by omitting subsection (4) and substituting the following:

“ ‘(4) The Chairman and members of a Disciplinary or Inability Appeal Board hold office -

(a) for 3 years; and

(b) subject to the terms and conditions determined by the Minister.’.”;

Omit from paragraph (a) of Clause 13 “Subject to subsection (6)” and insert in its stead “Subject to this section”;

Add in paragraph (b) of Clause 13, at the end of proposed subsection (6), “, or such longer period as a magistrate allows”; and

Insert in Clause 13 after proposed subsection (6) the following:

“ ‘(7) The Commissioner may, at any time before the expiration of the period of 6 months referred to in subsection (6), apply for an extension of the time to commence an action under Part IV in relation to a breach of discipline by a member.

“ ‘(8) An application under subsection (7) may be made in the absence of the member and evidence in support of the application may be given orally or by affidavit.

“ ‘(9) A magistrate to whom an application is made under subsection (7) may, after considering the evidence in support of the application and the submissions presented by the Commissioner, extend or refuse to extend the time to commence an action under Part IV.

“ ‘(10) In determining whether to extend the time to commence an action under Part IV, the magistrate shall have regard to -

(a) the complexity of the investigation to determine whether the member should be charged with a breach of discipline;

(b) any unforeseen delays that may have occurred during the investigation; and

Question - That Clauses 11 to 13 stand as amended - put.

The Member for Macdonnell (Mr Bell), by leave, moved the following amendment -

Omit from proposed paragraph (6) of section 162, in clause 13, all words after “was” and insert in their stead “discovered”.

Amendment agreed to.

Clauses 11 to 13, as amended, agreed to, after debate.

Clauses 14 to 16, by leave, taken together and agreed to, after debate.

Schedule read.

On the motion of Mr Stone the following amendment was agreed to -

Omit from the Schedule the following:

“Section 166AA subsection (1)(b)”.

Schedule, as amended, agreed to.

Title agreed to.

Bill to be reported with amendments.

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The Speaker (Mr McCarthy) resumed the Chair; the Chairman (Mr Setter) reported accordingly; and the report was adopted.

On the motion of the Chief Minister (Mr Stone) the Bill was read a third time and passed to be a proposed law.

20. LEGISLATIVE ASSEMBLY MEMBERS' SUPERANNUATION AMENDMENT BILL 1996 (Serial 179):

The Chief Minister (Mr Stone), by leave, presented a Bill for an Act to amend the

Legislative Assembly Members' Superannuation Act

Bill read a first time.

Mr Stone moved - That the Bill be now read a second time.

On the motion of the Leader of the Opposition (Mrs Hickey) debate was adjourned.

21. NORTHERN TERRITORY EMPLOYMENT AND TRAINING AUTHORITY AMENDMENT BILL 1996 (Serial 163):

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 Minister for Education and Training (Mr Finch) the Bill was read a third time and passed to be a proposed law.

22. SPECIAL ADJOURNMENT:

The Minister for the Arts and Museums (Mr Manzie) moved - That this Assembly at its rising adjourn until 10.00 a.m. on Tuesday 17 September 1996 or such other time and/or date as may be set by Mr Speaker, pursuant to Sessional Order.

Question - put and passed.

23. MINE MANAGEMENT AMENDMENT BILL 1996 (Serial 160):

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 Minister for Mines and Energy (Mr Manzie) the Bill was read a third time and passed to be a proposed law.

24. PRISONS (CORRECTIONAL SERVICES) AMENDMENT BILL 1996 (Serial 165):

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 Minister for Correctional Services (Mr Hatton) the Bill was read a third time and passed to be a proposed law.

25. ADJOURNMENT:

The Minister for the Arts and Museums (Mr Manzie) moved - That the Assembly do now adjourn.

Debate ensued.

Paper tabled:

The Member for Greatorex (Dr Lim), by leave, laid on the Table the following Paper -

“The Need to Know” Information Technology and the Information Needs of the Members of the Northern Territory Legislative Assembly by Mark Doubleday, March 1996 (Paper 2646).

Debate continued.

Paper tabled:

The Member for Casuarina (Mr Adamson), by leave, laid on the Table the following Paper -

• Parliamentary Study tour - Peter Adamson, MLA - Itinerary, 23 June 1996 to 11 July 1996 (Paper 2647).

Question - put and passed.

And the Assembly adjourned at 10.14 p.m. until Tuesday 17 September 1996 at 10.00 a.m. or such other time and/or date as may be set by Mr Speaker pursuant to Sessional Order.

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PAPERS:

The following Papers were deemed to have been presented on Thursday 22 August 1996:

Annual Reports:

Centralian College, 1995 (First Report) (Paper 2635)

Northern Territory Employment and Training Authority, 1995 (Paper 2632)

Northern Territory Rural College, 1995 (Paper 2633)

Northern Territory University, 1995 (Paper 2631)

Remuneration Tribunal Determination:

Magistrates of the Northern Territory, Report and Recommendation No. 1 of 1996 (Paper 2636).

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ATTENDANCE:

All Members attended the sitting.

Ian McNeill

Clerk of the Legislative Assembly

Last updated: 04 Aug 2016

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Minutes of Proceedings - 1996-08-22