Minutes of Proceedings - 1997-02-18
Seventh Assembly First Session 18/02/1997 Parliamentary Record No. 30
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Date : 18/02/1997__________________________________________________________________________________
1. MEETING:
2. PRAYERS.
3. FILMING IN THE CHAMBER:
4. CONDOLENCE MOTION - HON SIR WILLIAM EDWARD STANLEY FORSTER:
6. NOTICE:
7. QUESTIONS:
8. PROPOSED CENSURE OF THE CHIEF MINISTER - MOTION NEGATIVED:
Letter from Marshall Perron, Chief Minister, dated 1 June 1994 (Paper 3020).
AYES, 16 NOES, 8
Mr Adamson Mr Ah Kit
Mr Baldwin Mr Bailey
Mrs Braham Mr Bell
Mr Burke Mrs Hickey
Mr Coulter Ms Martin
Mr Finch Mr Rioli
Mr Hatton Mr Stirling
Dr Lim Mr Toyne
Mr Manzie
Mr Mitchell
Mrs Padgham-Purich
Mr Palmer
Mr Poole
Mr Reed
Mr Setter
Mr Stone
AYES, 8 NOES, 16
Mr Ah Kit Mr Adamson
Mr Bailey Mr Baldwin
Mr Bell Mrs Braham
Mrs Hickey Mr Burke
Ms Martin Mr Coulter
Mr Rioli Mr Finch
Mr Stirling Mr Hatton
Mr Toyne Dr Lim
Mr Manzie
Mr Mitchell
Mrs Padgham-Purich
Mr Palmer
Mr Poole
Mr Reed
Mr Setter
Mr Stone
9. NATIVE TITLE, THE WIK DECISION AND THE FUTURE OF THE NORTHERN TERRITORY - MINISTERIAL STATEMENT - MOTION TO NOTE STATEMENT:
codification of native title rights by providing statutory access rights over pastoral lands for Aborigines for traditional purposes, eg, ceremonial, hunting, site visitation;
removal of the future act process for claims over cities, towns and land set aside for public purposes;
validation of any acts made between the commencement of the Native Title Act and the Wik Decision arising from the assumption and assurance of the former ALP Government that native title had been extinguished by the grant of pastoral leases;
legislative assurance that native title cannot revive following extinguishment;
a renegotiation of financial arrangements proposed by the former Federal ALP Government with States and Territories arising from the implications of the Native Title Act;
review of funding of the $1.4 billion National Indigenous Land Acquisition Fund established under the Native Title Act on the basis that the grant of pastoral lease automatically extinguished native title; and
the future act regime not to apply after a cut-off date of January 2000.
Debate continued.
AYES, 8 NOES, 16
Mr Ah Kit Mr Adamson
Mr Bailey Mr Baldwin
Mr Bell Mrs Braham
Mrs Hickey Mr Burke
Ms Martin Mr Coulter
Mr Rioli Mr Finch
Mr Stirling Mr Hatton
Mr Toyne Dr Lim
Mr Manzie
Mr Mitchell
Mrs Padgham-Purich
Mr Palmer
Mr Poole
Mr Reed
Mr Setter
Mr Stone
11. CO-OPERATIVES BILL 1996 (SERIAL 202):
12. MOTOR ACCIDENTS (COMPENSATION) AMENDMENT BILL 1996 (Serial 181):
12. MOTION ON REPORT OF THE SESSIONAL COMMITTEE ON THE ENVIRONMENT - REFERENCE ON MIMOSA PIGRA.
. the publication of the report is authorised by this resolution;
. the Speaker or the Deputy Speaker, as the case may be, may give directions for the printing and circulation of the report; and
. the Speaker shall lay the report upon the Table on the first sitting day at the next Sittings of the Assembly (Paper 3027).
Mr Adamson Mr Ah Kit
Mr Baldwin Mr Bailey
Mrs Braham Mr Bell
Mr Burke Mrs Hickey
Mr Coulter Ms Martin
Mr Finch Mrs Padgham-Purich
Mr Hatton Mr Rioli
Dr Lim Mr Stirling
Mr Manzie Mr Toyne
Mr Mitchell
Mr Palmer
Mr Poole
Mr Reed
Mr Setter
Mr Stone
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Date : 18/02/1997
1. MEETING:
- The Assembly met at 10:00, pursuant to resolution of the Assembly, dated Thursday 28 November 1996. The Speaker, the Honourable T.R. McCarthy, took the Chair.
2. PRAYERS.
3. FILMING IN THE CHAMBER:
- The Speaker advised Honourable Members that he had given permission for ABC Television and Channel 8 to film in the Chamber for the purposes of file footage.
4. CONDOLENCE MOTION - HON SIR WILLIAM EDWARD STANLEY FORSTER:
- The Chief Minister (Mr Stone), by leave, moved - That this Assembly expresses its deep regret at the death of Hon Sir William Edward Stanley Forster, Chief Justice of the Northern Territory from 1971 until 1985, and places on record its appreciation of his long and meritorious service to the Northern Territory, not only within the justice system, but also within the wider community and tenders its profound sympathy to his family (Paper 3003).
Debate ensued.
Question - put and passed.
- The Deputy Chief Minister (Mr Reed), by leave, moved - That this Assembly expresses its deep regret at the death on Wednesday 12 February 1997 of Mr Harvey, AM, who held the position of Chairman of the Aboriginal Areas Protection Authority since 1986, and places on record its appreciation for his work to ensure that Aboriginal people and other Territorians gain a respect for each other’s culture and, specifically, for his long and dedicated work with the Authority (Paper 3004).
Debate ensued.
Question - put and passed.
6. NOTICE:
- The following notice was given -
Mr Burke: To present the Consumer Affairs and Fair Trading Amendment Bill 1997 (Serial 218).
7. QUESTIONS:
- 10:15 Mrs Hickey to Mr Stone
10:16 Dr Lim to Mr Reed
10:23 Mr Bailey to Mr Stone
Paper tabled: The Chief Minister (Mr Stone) laid on the Table the following Paper -
10:24 Mrs Braham to Mr Stone
10:30 Mr Rioli to Mr Stone
10:31 Mr Baldwin to Mr Palmer
10:36 Mrs Padgham-Purich to Mr Burke
10:39 Mrs Hickey to Mr Stone
10:43 Mr Setter to Mr Hatton
8. PROPOSED CENSURE OF THE CHIEF MINISTER - MOTION NEGATIVED:
- At 10:53 the Leader of the Opposition (Mrs Hickey) moved - That so much of Standing Orders be suspended as would prevent her moving a motion censuring the Chief Minister (Mr Stone) for putting at risk the economic and constitutional development of the Northern Territory in order to attract votes at an early election (Paper 3006).
- The Leader of Government Business (Mr Coulter), informed the Assembly that the Government, pursuant to Standing Order 95, accepted the notice of motion as a censure motion.
Question - That the motion to suspend Standing Orders be agreed to - put and passed - there being an absolute majority of the whole number of Members present and no dissentient voice.
Mrs Hickey thereupon moved - That this Assembly condemns the Chief Minister for dividing Territorians as the Country Liberal Party consciously did in 1990 and 1994 and for putting at risk the economic and constitutional development of the Northern Territory in order to attract votes at an early election.
Papers tabled: Mrs Hickey, by leave, laid on the Table the following Papers -
Letter from Marshall Perron, Chief Minister, dated 1 June 1994 (Paper 3020).
- Debate ensued.
The Chief Minister (Mr Stone) 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, 16 NOES, 8
Mr Adamson Mr Ah Kit
Mr Baldwin Mr Bailey
Mrs Braham Mr Bell
Mr Burke Mrs Hickey
Mr Coulter Ms Martin
Mr Finch Mr Rioli
Mr Hatton Mr Stirling
Dr Lim Mr Toyne
Mr Manzie
Mr Mitchell
Mrs Padgham-Purich
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, 8 NOES, 16
Mr Ah Kit Mr Adamson
Mr Bailey Mr Baldwin
Mr Bell Mrs Braham
Mrs Hickey Mr Burke
Ms Martin Mr Coulter
Mr Rioli Mr Finch
Mr Stirling Mr Hatton
Mr Toyne Dr Lim
Mr Manzie
Mr Mitchell
Mrs Padgham-Purich
Mr Palmer
Mr Poole
Mr Reed
Mr Setter
Mr Stone
- Motion negatived accordingly.
____________________
- Suspension of sitting: The sitting was suspended between 11:51 and 14:00.
____________________
9. NATIVE TITLE, THE WIK DECISION AND THE FUTURE OF THE NORTHERN TERRITORY - MINISTERIAL STATEMENT - MOTION TO NOTE STATEMENT:
- The Chief Minister (Mr Stone) made a statement on the impact of the Mabo and Wik High Court judgments on land administration and development in the Northern Territory (Paper 3001).
Mr Stone thereupon moved:
That this Assembly:
codification of native title rights by providing statutory access rights over pastoral lands for Aborigines for traditional purposes, eg, ceremonial, hunting, site visitation;
removal of the future act process for claims over cities, towns and land set aside for public purposes;
validation of any acts made between the commencement of the Native Title Act and the Wik Decision arising from the assumption and assurance of the former ALP Government that native title had been extinguished by the grant of pastoral leases;
legislative assurance that native title cannot revive following extinguishment;
a renegotiation of financial arrangements proposed by the former Federal ALP Government with States and Territories arising from the implications of the Native Title Act;
review of funding of the $1.4 billion National Indigenous Land Acquisition Fund established under the Native Title Act on the basis that the grant of pastoral lease automatically extinguished native title; and
the future act regime not to apply after a cut-off date of January 2000.
- Debate ensued.
Paper tabled: The Leader of the Opposition, Mrs Hickey, by leave, laid on the Table the following paper -
- The Leader of the Opposition (Mrs Hickey) moved the following amendment to Mr Stone’s motion (Paper 3022):
- Omit all words after “That” and insert in its stead the following:
- This House recognises that the future economic development of the Northern Territory is in the hands of Territorians;
- 1. that as such this House demands that the Country Liberal Party Administration begin immediately a process of negotiation with all parties involved in the issue of Native Title; and
- 2. Those negotiations must be aimed at an outcome designed to improve and enhance the economic development of all Territorians.
Paper tabled: The Minister for Planning and the Environment (Mr Reed) laid on the Table the following paper -
Debate continued.
- Paper tabled: The Member for Greatorex, Dr Lim, by leave, laid on the Table the following paper -
Debate continued.
Paper tabled: The Chief Minister (Mr Stone) laid on the table the following paper -
- Question - That the amendment moved by Mrs Hickey to the motion moved by Mr Stone, be agreed to - put.
The Assembly divided (the Speaker, Hon. T.R. McCarthy, in the Chair) -
AYES, 8 NOES, 16
Mr Ah Kit Mr Adamson
Mr Bailey Mr Baldwin
Mr Bell Mrs Braham
Mrs Hickey Mr Burke
Ms Martin Mr Coulter
Mr Rioli Mr Finch
Mr Stirling Mr Hatton
Mr Toyne Dr Lim
Mr Manzie
Mr Mitchell
Mrs Padgham-Purich
Mr Palmer
Mr Poole
Mr Reed
Mr Setter
Mr Stone
- Amendment negatived accordingly.
Question - That the motion moved by Mr Stone be agreed to - put and passed.
- The Order of the Day having been read for the resumption of debate on the question that the Bill be 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 Burke) the Bill was read a third time and passed to be a proposed law.
11. CO-OPERATIVES BILL 1996 (SERIAL 202):
- The Order of the Day having been read for the resumption of debate on the question that the Bill now be read a second time -
Debate ensued.
Question put and passed.
Bill read a second time.
The Assembly, according to Order, resolved itself into Committee of the Whole for consideration of the Bill.
-----------------
In the Committee
(Chairman -Mr Setter)
In the Committee
(Chairman -Mr Setter)
- Co-operatives Bill 1996 (Serial 202):
Omit Clause 1;
Insert after the heading to Division 1 of Part 1 the following new Clause 1 -
"1. SHORT TITLE
- "This Act may be cited as the Co-operatives Act 1996.";
Omit from clause 414 (2) "convicted" and insert in its stead "found guilty";
Omit from clause 445 (2) "convicted" and insert in its stead "found guilty";
In Clause 459 omit from subsection (1) "in Council";
In Schedule 3 omit from paragraph 8 "Territory." and insert in its stead "Territory of the Commonwealth.";
In Schedule 5 -
Omit "ORDINANCES" and insert in its stead "ORDINANCES AND ACT"; and
- Insert after "Co-operative Societies Ordinance 1976" the following "Co-operative Societies Amendment Act 1985 No. 13, 1985";
Long Title -
Insert after "to provide" the words "a legislative framework"; and
- Omit "co-operatives," and insert in its stead "co-operatives that enables flexibility in the operation of co-operatives and promotes the development of co-operatives,".
Question that the Bill, as amended, be agreed to - put.
Debate ensued.
Bill as amended, agreed to.
Question - That the Bill be reported with amendments - put and passed.
Bill reported with amendments.
On the motion of the Attorney-General (Mr Burke) the Bill was read a third time and passed to be a proposed law.
12. MOTOR ACCIDENTS (COMPENSATION) AMENDMENT BILL 1996 (Serial 181):
- The Order of the Day having been read for the resumption of debate on the question - That the Bill be now read a second time -
Debate ensued.
Question put and passed.
Bill read a second time.
Leave granted for a motion for the third reading of the Bill to be moved forthwith.
The Minister for the Territory Insurance Office (Mr Manzie) moved - That the Bill be now read a third time.
- Debate ensued.
Question put and passed.
The Bill was read a third time and passed to be a proposed law.
12. MOTION ON REPORT OF THE SESSIONAL COMMITTEE ON THE ENVIRONMENT - REFERENCE ON MIMOSA PIGRA.
- The Chairman of the Sessional Committee on the Environment (Dr Lim), by leave, moved that -
- If the Assembly is not sitting when the Sessional Committee on the Environment has prepared its report for presentation on its reference relating to Mimosa pigra, the Committee may provide the report to the Speaker or, if the Speaker is unable to act, to the Deputy Speaker and, in that event -
. the publication of the report is authorised by this resolution;
. the Speaker or the Deputy Speaker, as the case may be, may give directions for the printing and circulation of the report; and
. the Speaker shall lay the report upon the Table on the first sitting day at the next Sittings of the Assembly (Paper 3027).
- Debate ensued.
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).
Mr Adamson Mr Ah Kit
Mr Baldwin Mr Bailey
Mrs Braham Mr Bell
Mr Burke Mrs Hickey
Mr Coulter Ms Martin
Mr Finch Mrs Padgham-Purich
Mr Hatton Mr Rioli
Dr Lim Mr Stirling
Mr Manzie Mr Toyne
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 and passed.
- 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 2149 h until Wednesday 19 February 1997 at 11:00.
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- PAPERS
The following papers were presented on Tuesday 18 February 1997:
Annual Reports:
Parole Board of the Northern Territory, 31 December 1996, Parole of Prisoners Act (Paper 3007
Regulations 1996:
No. 53 Amendments of Summary Offences Regulations (Paper 3008)
No. 54 Amendment of Public Holidays Regulations (Paper 3009)
No. 55 Amendment of Community Welfare (Child Care ) Regulations (Paper 3010)
No. 56 Amendments of Alice Springs (Animal Control) By-Laws (Paper 3011)
No. 57 Amendments of Sentencing Regulations (Paper 3012)
No. 58 Amendments of Housing Assistance Schemes Regulations (Paper 3013)
No. 59 Amendment of Home Purchase Assistance Scheme Regulations (Paper 3014)
No. 60 Amendments of Domestic Violence Regulations (Paper 3015)
No. 61 Amendments of Agents Licensing Regulations (Paper 3016)
No. 62 Births, Deaths and Marriages Registration Regulations (Paper 3017)
No. 63 Amendments of Associations Incorporation (Accountability) Regulations (Paper 3018)
Regulations 1997:
No. 1 Amendment of Aerodromes Regulations (Paper 3019)
- ATTENDANCE:
All Members attended the sitting.
Last updated: 04 Aug 2016