Department of the Legislative Assembly, Northern Territory Government

Minutes of Proceedings - 1995-08-17

Seventh Assembly First Session 15/08/1995 Parliamentary Record No. 13
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Date : 17/08/1995
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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. STATEMENT BY SPEAKER - DISORDERLY CONDUCT:
The Speaker advised Members that he was concerned at the increasing incidence of
disorder in the Assembly and, in particular, what could be considered as contempt or
disregard for the authority of the Chair. The Speaker advised that he intended to
maintain the authority of the Chair and that, in the future after Members were warned
they would be named for any action he considered to be in obvious disregard of the
authority of the Chair.

4. QUESTIONS:
Questions were asked of Ministers.
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Distinguished visitors: The Speaker (Mr McCarthy) drew the attention of Honourable
Members to the presence in the gallery of Mr Don Beck, MP, Member for Murwillumbah,
and Mrs Beck; and Mr Bruce Jeffrey, MP, Member for Oxley, and Mrs Jeffrey.
On behalf of Honourable Members, the Speaker extended a warm welcome to the distinguished visitors.
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Visitors: The Speaker (Mr McCarthy) drew the attention of Honourable Members to the
presence in the gallery of Year 7 students, Larrakeyah Primary School and their
teacher Mr Murray Leeder.
On behalf of Honourable Members, the Speaker extended a warm welcome to the visitors.
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Further questions were asked of Ministers.
Paper tabled: The Chief Minister (Mr Stone) laid on the Table the following paper -

. Questions without notice from the Leader of the Opposition to the Chief Minister (Paper 1914).

A further question was asked of a Minister.

5. SUSPENSION OF STANDING ORDERS - MOVE MOTION FOR AN INQUIRY
PURSUANT TO SECTION 4A OF THE INQUIRIES ACT - MOTION NEGATIVED:
The Leader of the Opposition (Mr Ede) moved - That so much of Standing Orders be
suspended as would prevent him moving the following motion - That -

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(1) by resolution of the Legislative Assembly of the Northern Territory, dated
17 August 1995, a Commissioner be appointed pursuant to section 4A of
the Northern Territory Inquiries Act 1980, to inquire and report to the Administrator
by 1 October 1995 on the matters specified in this resolution:

(a) whether, during the 6 months prior to the 1990 General Election of the
Northern Territory Legislative Assembly, any person or persons by
act or omission did improperly influence or attempt to influence the
Chief Electoral Officer of the Northern Territory;

(b) whether any person who improperly influenced or attempted to
improperly influence the Chief Electoral Officer was acting under the
direction or with the understanding or knowledge of any other person;

(c) whether there is any evidence of political interference or attempted
interference by any person in any decision about mobile polling made
by the Chief Electoral Officer;

(d) whether there is evidence of abuse of power by a public servant under
section 82 of the Criminal Code; and

(e) whether the office of the Electoral Commission of the Northern Territory
is legislatively constrained from acting independently from the
executive arm of government.

(2) the Commissioner shall be a judge or former judge of a Supreme Court of any
Australian State or Territory, and shall be appointed by the Administrator.

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, 15 NOES, 8

Mr Adamson Mr Bailey
Mr Baldwin Mr Bell
Mrs Braham Mr Ede
Mr Burke Mrs Hickey
Mr Coulter Mr Lanhupuy
Mr Finch Ms Martin
Mr Hatton Mr Rioli
Dr Lim Mr Stirling
Mr Mitchell
Mrs Padgham-Purich
Mr Palmer
Mr Poole
Mr Reed
Mr Setter
Mr Stone

And so it was resolved in the affirmative.

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Question - That the motion to suspend Standing Orders beagreed to - put.
The Assembly divided (the Speaker, Hon. T.R. McCarthy, in the Chair) -

AYES, 8 NOES, 16

Mr Bailey Mr Adamson
Mr Bell Mr Baldwin
Mr Ede Mrs Braham
Mrs Hickey Mr Burke
Mr Lanhupuy Mr Coulter
Ms Martin Mr Finch
Mr Rioli Mr Hatton
Mr Stirling Dr Lim
Mr McCarthy
Mr Mitchell
Mrs Padgham-Purich
Mr Palmer
Mr Poole
Mr Reed
Mr Setter
Mr Stone

Motion negatived accordingly.

6. RESPONSE ON THE REPORT OF THE COMMITTEE ON DARWIN -
MINISTERIAL STATEMENT - STATEMENT NOTED:
The Chief Minister (Mr Stone) made a Statement relating to the Northern Territory
Government Response to the Report of the Committee on Darwin (Paper 1913).
Mr Stone moved - That the Assembly take note of the Statement.
Debate ensued.
Paper tabled: The Leader of the Opposition (Mr Ede), by leave, laid on the Table the following Paper -

. Briefing Paper to Shadow Cabinet, Shadow Minister for Regional Development
and Infrastructure, prepared by Bruce Scott, MP, Shadow Minister for Regional
and Rural Development, dated 7 April 1994 (Paper 1915).

Debate continued.
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Suspension of sitting: The sitting was suspended between 12.01 p.m. and 2.00 p.m.
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Debate resumed.
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Visitors: The Speaker (Mr McCarthy) drew the attention of Honourable Members to the
presence in the gallery of trainee teacher students from the Batchelor College, Barkly
area and their lecturer Mr Greg O'Hara.
On behalf of Honourable Members, the Speaker extended a warm welcome to the visitors.

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Debate continued.
Question - put and passed.

7. HOMICIDE LAWS IN THE NORTHERN TERRITORY - MATTER OF PUBLIC
IMPORTANCE:
The Speaker informed the Assembly that the Member for Macdonnell (Mr Bell) had
proposed the following definite matter of public importance be submitted to the
Assembly for discussion this day:

1. the failure of the CLP Government to remedy the inadequacy of the homicide
law in the Northern Territory; and

2. the failure to prosecute Scott Breedon for mutilating the corpse of Stephen Sargent.

The proposed discussion having received the necessary support -
The Speaker called on Mr Bell to address the Assembly.
Discussion ensued.
Paper tabled: The Attorney-General (Mr Hatton) laid on the Table the following Paper -

. R v Breedon, Aide Memoir to Jury (Paper 1916).

The Leader of Government Business (Mr Coulter) moved -
That Government Business, Orders of the Day, be called on forthwith.
Question - put.
The Assembly divided (the Speaker, Hon. T.R. McCarthy, in the Chair) -

AYES, 13 NOES, 8

Mr Adamson Mr Bailey
Mr Baldwin Mr Bell
Mrs Braham Mr Ede
Mr Burke Mrs Hickey
Mr Coulter Mr Lanhupuy
Mr Finch Ms Martin
Dr Lim Mr Rioli
Mr Mitchell Mr Stirling
Mr Palmer
Mr Poole
Mr Reed
Mr Setter
Mr Stone

And so it was resolved in the affirmative.
Discussion concluded.

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8. SELECT COMMITTEE ON INTERACTIVE TELEVISION GAMING - MOTION
AGREED TO:
The Minister for Racing and Gaming (Mr Coulter) moved - That -

(1) a committee, to be known as the Select Committee on Interactive Television
Gaming, be appointed to inquire and report on the impact of broadband
communication services on the Northern Territory's racing and gaming industry,
in particular:

(a) the future delivery of broadband services to the Northern Territory and
the timing of connections to homes and businesses;

(b) the likely developments through interactive pay television for direct
consumer gaming opportunities;

(c) the likely impact of those opportunities on existing racing and
gaming operations in the Northern Territory, especially the operations
of the Northern Territory TAB;

(d) the likely impact on Northern Territory revenue;

(e) the potential benefits which might accrue to the racing and gaming
industry and to the consumer;

(f) the possible impact of interactive gaming opportunities on the
lifestyles and social structure of Territorians; and

(g) any changes considered necessary to update Northern Territory
legislation in the face of broadband communication technology
developments; and

(2) unless otherwise ordered, membership will comprise Mr Adamson, Mr Baldwin and Mr Stirling;

(3) the Committee be empowered to send for and examine persons, papers and
records, to sit in public or in private session, notwithstanding any adjournment of
the Assembly, and to adjourn from place to place;

(4) the quorum of the Committee be two;

(5) the Committee have leave to report, from time to time, its proceedings
and such interim recommendations as it may deem fit;

(6) the Committee report to the Assembly by 31 March 1996;

(7) the Committee be empowered to publish from day to day such papers and
evidence as may be ordered by it and, unless otherwise ordered by the
Committee, a daily Hansard be published of such proceedings as take
place in public;

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(8) the Committee be provided with all necessary staff, facilities and resources and
be empowered to appoint persons with specialist knowledge for the purposes of
the Committee with the approval of the Speaker;

(9) the foregoing provisions of this resolution, so far as they are inconsistent with
the Standing Orders, have effect notwithstanding anything contained in the
Standing Orders.

Debate ensued.
Question - put and passed.

9. NORTHERN TERRITORY ELECTORAL BILL 1995 (Serial 83); and
LOCAL GOVERNMENT AMENDMENT BILL 1995 (Serial 84):
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 ensued.
And the Member for Wanguri (Mr Bailey) seeking leave to table in camera evidence
presented to the Public Accounts Committee - leave denied.
Debate continued.
Question - That the Bills be now read a second time - put.
Question - put.
The Assembly divided (the Speaker, Hon. T.R. McCarthy, in the Chair) -

AYES, 14 NOES, 8

Mr Adamson Mr Bailey
Mr Baldwin Mr Ede
Mrs Braham Mrs Hickey
Mr Burke Mr Lanhupuy
Mr Coulter Ms Martin
Mr Finch Mrs Padgham-Purich
Mr Hatton Mr Rioli
Dr Lim Mr Stirling
Mr Mitchell
Mr Palmer
Mr Poole
Mr Reed
Mr Setter
Mr Stone

And so it was resolved in the affirmative.
Bills read a second time.
The Leader of the Opposition (Mr Ede) moved - That -

(1) the Northern Territory Electoral Bill 1995 (Serial 83) be referred to a select
committee, to be known as the Select Committee on Electoral Matters, to
consider such matters as:

(a) the relevance of the Bill in comparison to electoral legislation in other
Australian States, Territories and the Commonwealth; and

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(b) the need for an independent Electoral Commission to protect voter
franchise; and

(2) unless otherwise ordered, membership will comprise the Leader of the
Opposition, one Member of the Opposition and two Members of the Government;

(3) the Committee be empowered to send for and examine persons, papers and
records, to sit in public or in private session, notwithstanding any adjournment of
the Assembly and to adjourn from place to place;

(4) the Committee shall report to the Assembly on the first sitting day in February 1996;

(5) the quorum of the Committee be three members;

(6) the Committee be empowered to publish, from day to day, such papers and
evidence as may be ordered by it and, unless otherwise ordered by the
Committee, a daily Hansard be published of such proceedings as take place in public;

(7) the Committee be provided with all necessary staff, facilities and resources and
be empowered to appoint persons with specialist knowledge for the purposes of
the Committee with the approval of the Speaker; and

(8) the foregoing provisions of this Resolution, so far as they are inconsistent with
Standing Orders, have effect notwithstanding anything contained in the
Standing Orders.

Debate ensued.
The Chief Minister (Mr Stone) moved - That the question be now put.
Question - That the question be now put - put and passed.
Question - That the motion to refer the Northern Territory Electoral Bill to a Select
Committee on Electoral Matters be agreed to- put.
Question - put and negatived.
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In the Committee
(Chairman - Mr Setter)

Northern Territory Electoral Bill 1995 (Serial 83):

Clauses 1 to 3, by leave, taken together and agreed to.
Clause 4 read.
On the motion of the Chief Minister (Mr Stone) the following amendment was agreed to, after debate -

Add at the end the following:

"(1) Except as provided by or under this or any other Act, in the performance of his or
her functions or the exercise of his or her powers the Chief Electoral Officer is
not under the direction of any person.".

Clause 4, as amended, agreed to.

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Clauses 5 to 105, by leave, taken together and agreed to, after debate.
On the motion of Mr Stone the following new clause was inserted in the Bill -

"105A. Influencing officer
A person who, directly or indirectly, by force, deception, threat or intimidation of
any kind, influences or attempts to influence an officer in the exercise of the
officer's duty, authority or discretion under this Act, is guilty of an offence.

Penalty: $2000 or imprisonment for 2 years.".

The Leader of the Opposition (Mr Ede), by leave, withdrew circulated Amendment
Schedule No. 37 standing in his name.
Remainder of the Bill, by leave, taken as a whole and agreed to.
Bill to be reported with amendments.

Local Government Amendment Bill 1995 (Serial 84):

Bill, by leave, taken as whole.
Question - That the Bill stand as printed - put.
The Assembly divided (the Chairman, Mr R.A. Setter, in the Chair) -

AYES, 14 NOES, 8

Mr Adamson Mr Bailey
Mr Baldwin Mr Ede
Mrs Braham Mrs Hickey
Mr Burke Mr Lanhupuy
Mr Coulter Ms Martin
Mr Finch Mrs Padgham-Purich
Mr Hatton Mr Rioli
Dr Lim Mr Stirling
Mr McCarthy
Mr Mitchell
Mr Poole
Mr Reed
Mr Setter
Mr Stone

And so it was resolved in the affirmative.
Bill to be reported without amendment.
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The Speaker (Mr McCarthy) resumed the Chair; the Chairman (Mr Setter) reported that the
Committee had considered the Bills and agreed to the Northern Territory Electoral Bill
1995 (Serial 83) with amendments; and the Local Government Amendment Bill 1995
(Serial 84) without amendment; and the reports were adopted.
On the motion of the Chief Minister (Mr Stone) the Bills were read a third time and passed to be proposed laws.

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10. GAMING CONTROL AMENDMENT BILL 1995 (Serial 93):
Suspension of Standing Orders - Pass all stages:
The Minister for Racing and Gaming (Mr Coulter) moved - That so much of Standing
Orders be suspended as would prevent the Gaming Control Amendment Bill 1995
(Serial 93) passing through all stages at this sittings.
Question - put and passed - there being an absolute majority of the whole number of
Members present and no dissentient voice.
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 Racing and Gaming (Mr Coulter) the Bill was read a third
time and passed to be a proposed law.

11. ADJOURNMENT:
The Leader of Government Business (Mr Coulter) moved - That the Assembly do now adjourn.
Debate ensued.
Question - put and passed.
And the Assembly adjourned at 10.17 p.m. until Tuesday 22 August 1995 at 10.00 a.m.
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ATTENDANCE:
All Members attended the sitting, except Mr Manzie.

Ian McNeill
Clerk of the Legislative Assembly

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Last updated: 04 Aug 2016