Minutes of Proceedings - 1995-05-23
Seventh Assembly First Session 23/05/1995 Parliamentary Record No. 11
__________________________________________________________________________________
Date : 23/05/1995__________________________________________________________________________________
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. MESSAGE FROM THE ADMINISTRATOR:
The Speaker laid on the Table the following Message from His Honour the Administrator:
Message No. 14
I, KEITH JOHN AUSTIN ASCHE, the Administrator of the Northern Territory of
Australia, in pursuance of section 11 of the Northern Territory (Self-Government) Act
1978 of the Commonwealth, recommend to the Legislative Assembly a Bill for an Act
entitled the Statute Law Revision Act 1995, which in part, provides a particular formula
for the allocation of public moneys of the Territory.
Dated: 18 May 1995.
(Sgd) AUSTIN ASCHE
Administrator.
(Paper 1794).
4. VISITORS:
The Speaker (Mr McCarthy) drew the attention of Honourable Members to the presence
in the gallery of students from Xavier Community Education Centre, Bathurst Island,
and their teachers Mr Rex Davies, Ms Alison Last, Mr Victor Punguatji and
Mr Rex Mukwankumi; Years 5, 6 and 7 of Essington School and their teachers
Ms Fiona Shanahan and Ms Cheryl Pridham; senior citizens from Katherine; and
Mrs Cherry Perron.
On behalf of Honourable Members, the Speaker extended a warm welcome to the visitors.
5. PETITIONS:
The Member for Port Darwin (Mr Stone) presented a petition from 3039 petitioners
requesting the Assembly legislate to ensure that all new and existing domestic
swimming pools and spas are adequately fenced to prevent children from
drowning (Paper 1795).
Petition read.
The Member for Casuarina (Mr Adamson), for and on behalf of the Speaker, presented a
petition from 55 petitioners requesting the Assembly implement best practice palliative
care facilities in the Northern Territory and that Members of the Assembly vote against
the Rights of the Terminally Ill Bill 1995 (Paper 1796).
Page 261
6. NOTICES:
The following notices were given:
Mr Coulter: To present the Stamp Duty Amendment Bill 1995 (Serial 78).
Mr Coulter: To present the Energy Resource Consumption Levy Amendment Bill 1995 (Serial 77).
Mr Coulter: To present the Business Franchise Amendment Bill 1995 (Serial 79).
Mr Manzie: To present the Control of Roads Amendment Bill 1995 (Serial 87).
Mr Perron: To present the Northern Territory Electoral Bill 1995 (Serial 83).
Mr Rioli: To move -
That, pursuant to section 2(b) of the Terms of Reference of the Sessional Committee on
the Environment, that Committee be directed to inquire into and report on recent
reports of oil spillage associated with mining operations on Groote Eylandt.
7. QUESTIONS:
Questions were asked of Ministers.
8. APPROPRIATION BILL 1995-6:
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 debate be adjourned and the Chief Minister (Mr Perron) have leave
to continue his remarks at a later hour.
9. FURTHER NOTICES:
The following further notices were given, by leave:
Mr Perron: To present the Local Government Amendment Bill 1995 (Serial 84).
Mr Finch: To present the Consumer Credit (Northern Territory) Bill 1995 (Serial 89).
10. STATUTE LAW REVISION BILL 1995 (Serial 86):
The Attorney-General (Mr Finch), pursuant to notice, presented a Bill for an Act to
revise and correct the law of the Territory in minor aspects.
Bill read a first time.
Mr Finch moved - That the Bill be now read a second time.
On the motion of the Member for Macdonnell (Mr Bell) debate was adjourned.
____________________
Suspension of sitting: The sitting was suspended between 11.58 a.m. and 2.00 p.m
____________________
11. REARRANGEMENT OF BUSINESS:
The Leader of Government Business (Mr Stone) moved - That Government Business,
Order of the Day, relating to the Appropriation Bill 1995-96 (Serial 80) be called on
forthwith.
Question - put and passed.
12. APPROPRIATION BILL 1995-96 (Serial 80):
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 262
Paper tabled: The Minister for Transport and Works (Mr Manzie) laid of the Table the
following Paper -
. Graph, Northern Territory Construction and Building Expenditure, excluding
R&M, 1990-91 to 1995-96 (Paper 1799).
Debate continued.
Papers tabled: The Member for Jingili (Mr Setter), by leave, laid on the Table the following Papers -
. Graph, Net Interest to Net Revenue 1994/95 (Paper 1800);
. Graph, Own-Source Revenue to Total Revenue, 1985/86 - 1995/96 (Paper 1801);
. Graph, Debt Finance and Own-Source Revenue (Proportion of Total Sources of Funds), 1985/86 - 1995/96 (Paper 1802);
. Graph, Gross Interest Payments to Total Revenue 1994/95 (est) (Paper 1803);
. Graph, Northern Territory Gross and Net Debt, 1986 -1995(est) (Paper 1804); and
. Graph, Net Debt to Gross State Product, 1987 - 1995 (est) (Paper 1805).
Debate continued.
On the motion of the Member for Brennan (Mr Burke) debate was adjourned.
13. OMBUDSMAN (NORTHERN TERRITORY) AMENDMENT BILL 1995 (Serial 75):
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 That the Bill be now read a second time - put.
The Assembly divided (the Speaker, Hon. T.R. McCarthy, in the Chair) -
AYES, 15 NOES, 7
Mr Adamson Mr Bailey
Mr Baldwin Mr Bell
Mrs Braham Mr Ede
Mr Burke Mrs Hickey
Mr Finch Mr Lanhupuy
Mr Hatton Mr Rioli
Dr Lim Mr Stirling
Mr Manzie
Mr Mitchell
Mr Palmer
Mr Perron
Mr Poole
Mr Reed
Mr Setter
Mr Stone
And so it was resolved in the affirmative.
Bill read a second time.
The Assembly, according to Order, resolved itself into Committee of the Whole for the consideration of the Bill.
Page 263
____________________
In the Committee
(Chairman - Mr Setter)
Clauses 1 and 2, by leave, taken together and agreed to.
Clause 3 read.
On the motion of the Chief Minister (Mr Perron) the following amendment was agreed to -
Omit from paragraph (a) proposed paragraph (ea) and
insert in its stead the following:
"(ea) any such action of -
(i) a coroner, within the meaning of the
Coroners Act, while discharging or
purporting to discharge a responsibility
relating to an inquest or inquiry under
that Act; or
(ii) a magistrate or Justice while discharging
or purporting to discharge a
responsibility relating to a preliminary
examination under Part V of the Justices
Act;".
Mr Perron moved the following further amendment -
Insert in proposed paragraph (eb), after "Director of
Public Prosecutions", the words "under the Public
Prosecutions Act".
Debate ensued.
Mr Perron moved - That consideration of the amendment be postponed until a later hour.
Question - put and passed.
The Leader of the Opposition (Mr Ede), by leave, moved the following amendment -
Insert after "given" in (eb)(vi) the words "in
relation to a specific judicial proceeding"
Debate ensued.
Mr Perron moved - That the Committee do report progress and seek leave to sit again.
Question - put and passed.
_______________________
The Speaker (Mr McCarthy) resumed the Chair; and the Chairman (Mr Setter) reported accordingly; and the report was adopted.
Ordered - That the Committee stages be made an Order of the Day for a later hour.
13. ADJOURNMENT:
The Leader of Government Business (Mr Stone) moved - That the Assembly do now adjourn.
Debate ensued.
Question - put and passed.
And the Assembly adjourned at 11.40 p.m. until tomorrow at 10.00 a.m.
========================
Page 264
PAPERS:
The following Papers were deemed to have been presented on Tuesday 23 May 1995:
Plan of Management:
Elsey National Park (Paper 1798)
Elsey National Park, Summary of Public Representations (Paper 1797)
==========================
ATTENDANCE:
All Members attended the sitting.
Page 265
__________________________________________________________________________________
Date : 23/05/1995
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. MESSAGE FROM THE ADMINISTRATOR:
The Speaker laid on the Table the following Message from His Honour the Administrator:
Message No. 14
I, KEITH JOHN AUSTIN ASCHE, the Administrator of the Northern Territory of
Australia, in pursuance of section 11 of the Northern Territory (Self-Government) Act
1978 of the Commonwealth, recommend to the Legislative Assembly a Bill for an Act
entitled the Statute Law Revision Act 1995, which in part, provides a particular formula
for the allocation of public moneys of the Territory.
Dated: 18 May 1995.
(Sgd) AUSTIN ASCHE
Administrator.
(Paper 1794).
4. VISITORS:
The Speaker (Mr McCarthy) drew the attention of Honourable Members to the presence
in the gallery of students from Xavier Community Education Centre, Bathurst Island,
and their teachers Mr Rex Davies, Ms Alison Last, Mr Victor Punguatji and
Mr Rex Mukwankumi; Years 5, 6 and 7 of Essington School and their teachers
Ms Fiona Shanahan and Ms Cheryl Pridham; senior citizens from Katherine; and
Mrs Cherry Perron.
On behalf of Honourable Members, the Speaker extended a warm welcome to the visitors.
5. PETITIONS:
The Member for Port Darwin (Mr Stone) presented a petition from 3039 petitioners
requesting the Assembly legislate to ensure that all new and existing domestic
swimming pools and spas are adequately fenced to prevent children from
drowning (Paper 1795).
Petition read.
The Member for Casuarina (Mr Adamson), for and on behalf of the Speaker, presented a
petition from 55 petitioners requesting the Assembly implement best practice palliative
care facilities in the Northern Territory and that Members of the Assembly vote against
the Rights of the Terminally Ill Bill 1995 (Paper 1796).
Page 261
6. NOTICES:
The following notices were given:
Mr Coulter: To present the Stamp Duty Amendment Bill 1995 (Serial 78).
Mr Coulter: To present the Energy Resource Consumption Levy Amendment Bill 1995 (Serial 77).
Mr Coulter: To present the Business Franchise Amendment Bill 1995 (Serial 79).
Mr Manzie: To present the Control of Roads Amendment Bill 1995 (Serial 87).
Mr Perron: To present the Northern Territory Electoral Bill 1995 (Serial 83).
Mr Rioli: To move -
That, pursuant to section 2(b) of the Terms of Reference of the Sessional Committee on
the Environment, that Committee be directed to inquire into and report on recent
reports of oil spillage associated with mining operations on Groote Eylandt.
7. QUESTIONS:
Questions were asked of Ministers.
8. APPROPRIATION BILL 1995-6:
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 debate be adjourned and the Chief Minister (Mr Perron) have leave
to continue his remarks at a later hour.
9. FURTHER NOTICES:
The following further notices were given, by leave:
Mr Perron: To present the Local Government Amendment Bill 1995 (Serial 84).
Mr Finch: To present the Consumer Credit (Northern Territory) Bill 1995 (Serial 89).
10. STATUTE LAW REVISION BILL 1995 (Serial 86):
The Attorney-General (Mr Finch), pursuant to notice, presented a Bill for an Act to
revise and correct the law of the Territory in minor aspects.
Bill read a first time.
Mr Finch moved - That the Bill be now read a second time.
On the motion of the Member for Macdonnell (Mr Bell) debate was adjourned.
____________________
Suspension of sitting: The sitting was suspended between 11.58 a.m. and 2.00 p.m
____________________
11. REARRANGEMENT OF BUSINESS:
The Leader of Government Business (Mr Stone) moved - That Government Business,
Order of the Day, relating to the Appropriation Bill 1995-96 (Serial 80) be called on
forthwith.
Question - put and passed.
12. APPROPRIATION BILL 1995-96 (Serial 80):
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 262
Paper tabled: The Minister for Transport and Works (Mr Manzie) laid of the Table the
following Paper -
. Graph, Northern Territory Construction and Building Expenditure, excluding
R&M, 1990-91 to 1995-96 (Paper 1799).
Debate continued.
Papers tabled: The Member for Jingili (Mr Setter), by leave, laid on the Table the following Papers -
. Graph, Net Interest to Net Revenue 1994/95 (Paper 1800);
. Graph, Own-Source Revenue to Total Revenue, 1985/86 - 1995/96 (Paper 1801);
. Graph, Debt Finance and Own-Source Revenue (Proportion of Total Sources of Funds), 1985/86 - 1995/96 (Paper 1802);
. Graph, Gross Interest Payments to Total Revenue 1994/95 (est) (Paper 1803);
. Graph, Northern Territory Gross and Net Debt, 1986 -1995(est) (Paper 1804); and
. Graph, Net Debt to Gross State Product, 1987 - 1995 (est) (Paper 1805).
Debate continued.
On the motion of the Member for Brennan (Mr Burke) debate was adjourned.
13. OMBUDSMAN (NORTHERN TERRITORY) AMENDMENT BILL 1995 (Serial 75):
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 That the Bill be now read a second time - put.
The Assembly divided (the Speaker, Hon. T.R. McCarthy, in the Chair) -
AYES, 15 NOES, 7
Mr Adamson Mr Bailey
Mr Baldwin Mr Bell
Mrs Braham Mr Ede
Mr Burke Mrs Hickey
Mr Finch Mr Lanhupuy
Mr Hatton Mr Rioli
Dr Lim Mr Stirling
Mr Manzie
Mr Mitchell
Mr Palmer
Mr Perron
Mr Poole
Mr Reed
Mr Setter
Mr Stone
And so it was resolved in the affirmative.
Bill read a second time.
The Assembly, according to Order, resolved itself into Committee of the Whole for the consideration of the Bill.
Page 263
____________________
In the Committee
(Chairman - Mr Setter)
Clauses 1 and 2, by leave, taken together and agreed to.
Clause 3 read.
On the motion of the Chief Minister (Mr Perron) the following amendment was agreed to -
Omit from paragraph (a) proposed paragraph (ea) and
insert in its stead the following:
"(ea) any such action of -
(i) a coroner, within the meaning of the
Coroners Act, while discharging or
purporting to discharge a responsibility
relating to an inquest or inquiry under
that Act; or
(ii) a magistrate or Justice while discharging
or purporting to discharge a
responsibility relating to a preliminary
examination under Part V of the Justices
Act;".
Mr Perron moved the following further amendment -
Insert in proposed paragraph (eb), after "Director of
Public Prosecutions", the words "under the Public
Prosecutions Act".
Debate ensued.
Mr Perron moved - That consideration of the amendment be postponed until a later hour.
Question - put and passed.
The Leader of the Opposition (Mr Ede), by leave, moved the following amendment -
Insert after "given" in (eb)(vi) the words "in
relation to a specific judicial proceeding"
Debate ensued.
Mr Perron moved - That the Committee do report progress and seek leave to sit again.
Question - put and passed.
_______________________
The Speaker (Mr McCarthy) resumed the Chair; and the Chairman (Mr Setter) reported accordingly; and the report was adopted.
Ordered - That the Committee stages be made an Order of the Day for a later hour.
13. ADJOURNMENT:
The Leader of Government Business (Mr Stone) moved - That the Assembly do now adjourn.
Debate ensued.
Question - put and passed.
And the Assembly adjourned at 11.40 p.m. until tomorrow at 10.00 a.m.
========================
Page 264
PAPERS:
The following Papers were deemed to have been presented on Tuesday 23 May 1995:
Plan of Management:
Elsey National Park (Paper 1798)
Elsey National Park, Summary of Public Representations (Paper 1797)
==========================
ATTENDANCE:
All Members attended the sitting.
Page 265
Last updated: 04 Aug 2016