Minutes of Proceedings - 1995-05-18
Seventh Assembly First Session 16/05/1995 Parliamentary Record No. 10
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Date : 18/05/1995__________________________________________________________________________________
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. PETITIONS:
The Member for Barkly (Mrs Hickey) presented a petition from 36 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 1783).
The Member for Barkly (Mrs Hickey) presented a petition from 632 petitioners requesting
the Assembly do all in its power to ensure that Channel 10 Television Service is made
available to Tennant Creek residents (Paper 1782).
Petition read.
4. VISITORS:
The Speaker (Mr McCarthy) drew the attention of Honourable Members to the presence
in the gallery of students from Year 7A and 7B from Nakara Primary School and their
teachers Ms Maria Albion and Mr Ron Bibby; and senior citizens from the Joy
Anderson Centre.
On behalf of Honourable Members, the Speaker extended a warm welcome to the visitors.
5. 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 James Muirhead AC, QC, former
Administrator of the Northern Territory, and Mrs Margaret Muirhead and
Mrs Cherry Perron.
On behalf of Honourable Members, the Speaker extended a warm welcome to the
distinguished visitors.
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Further questions were asked of Ministers.
6. MESSAGE FROM THE ADMINISTRATOR:
The Speaker laid on the Table the following Message from His Honour the Administrator:
Message No. 13
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 to authorise
the
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issuing and expending of the public moneys of the Territory in respect of the year ending
30 June 1996.
Dated: 16th of May 1995.
(Sgd) AUSTIN ASCHE
Administrator.
(Paper 1793)
7. BROADCAST OF BUDGET SPEECH:
The Speaker advised Members that permission had been given for coverage of the
Treasurer's Budget Speech by the following media organisations -
8 TOP FM to broadcast direct;
ABC Television and Channel 8 to take sound and vision for rebroadcast; and
NT News to take photographs for file purposes.
8. APPROPRIATION BILL 1995 (Serial 80):
The Treasurer (Mr Coulter), pursuant to notice, presented a Bill for an Act to authorise the
issuing and expending of the public moneys of the Territory in respect of the year
ending 30 June 1996, the subject of His Honour the Administrator's Message No. 13.
Bill read a first time.
Mr Coulter moved - That the Bill be now read a second time.
Papers tabled: Mr Coulter laid on the Table the following Papers -
. Budget Paper No.1,1995-96 - Budget Speech and Appropriation Bill
(Paper 1768);
. Budget Paper No. 2, 1995-96 - The Budget (Paper 1769);
. Budget Paper No. 3, 1995-96 - Sources of Funds (Paper 1770);
. Budget Paper No. 4, 1995-96 - Public Sector Assets and Liabilities (Paper 1771);
. Budget Paper No. 5, 1995-96 - Issues in Public Finance (Paper 1772);
. Budget Paper No. 6, 1995-96 - Northern Territory Economy (Paper 1773);
. Guide through the Budget Papers, May 1995 (Paper 1767);
. 1995-96, Budget and Proposed Capital Works, Regional Highlights, Darwin
(Paper 1775)
. 1995-96, Budget and Proposed Capital Works, Regional Highlights, Palmerston and Rural (Paper 1778);
. 1995-96, Budget and Proposed Capital Works, Regional Highlights, Katherine (Paper 1771)
. 1995-96, Budget and Proposed Capital Works, Regional Highlights, Arnhem and Tiwi Islands (Paper 1776);
. 1995-96, Budget and Proposed Capital Works, Regional Highlights, Tennant Creek (Paper 1779);
. 1995-96, Budget and Proposed Capital Works, Regional Highlights, Alice Springs, (Paper 1774); and
. 1995-96, Women in the Budget, May 1995 (Paper 1780).
On the motion of the Leader of the Opposition (Mr Ede) debate was adjourned.
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Suspension of sitting: The sitting was suspended between 11.48 a.m. and 2.00 p.m.
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9. COMMERCIALISATION OF GOVERNMENT BUSINESS DIVISIONS -
MINISTERIAL STATEMENT - STATEMENT NOTED:
The Minister for Transport and Works (Mr Manzie) made a Statement relating to the
Commercialisation of Government Services within the Department of Transport and Works (Paper 1781).
Mr Manzie moved - That the Assembly take note of the Statement.
Debate ensued.
Question - put and passed.
10. PLANNING AND MANAGEMENT OF KAKADU NATIONAL PARK - MOTION AGREED TO:
The Minister for Conservation (Mr Coulter), by leave, moved - That -
In view of the Federal Government's continuing failure to fully involve the Northern
Territory Government in the planning for Kakadu National Park, and the outstanding
expertise of the Conservation Commission of the Northern Territory in park planning and
management, this House calls upon the Federal Government to:
(a) fully involve the Northern Territory Government on a
partnership basis in the preparation of the new Plan
of Management for Kakadu National Park;
(b) in order to implement this partnership, establish a
planning team with representation from the Australian
Nature Conservation Agency, the Conservation
Commission of the Northern Territory and the
traditional owners to supervise the preparation of
the new Plan of Management for Kakadu National Park;
and
(c) that the Speaker forward the Terms of the Resolution
to the Prime Minister forthwith.
Papers tabled: Mr Coulter laid on the Table the following Papers -
. Kit, Invitation to Comment Kit, Kakadu National Owners, Australian Nature Conservation Agency (Paper 1786);
. Maintaining the Balance - Territory Labor's Environment Strategy (Paper 1785);
. Graph, Litchfield/Kakadu Visitation v Entry Fees, 1989 to 1994 (Paper 1784);
. Letter, Sharon Mulholland, Managing Director, Northern Territory Tourist Commission, to Dr A. J. Press, Executive Director, Australian Nature Conservation Agency, dated 17 November 1994 (Paper 1789);
. Letter, Sharon Mulholland, Managing Director, Northern Territory Tourist Commission, to Mr Brian Barruwei, Chairman, Kakadu National Park Board, dated 28 November 1994 (Paper 1790);
. Letter, Senator John Faulkner, Minister for the Environment, Sport and
Territories to Ms Sharon Mulholland, Managing Director, Northern Territory
Tourist Commission, dated 4 January 1995 (Paper 1791);
and
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. "Different View of Rock" Comment by John Loizou, Sunday Territorian,
dated 30 October 1994 (Paper 1788).
Debate ensued.
Papers tabled: The Member for Arafura (Mr Rioli), by leave, laid on the Table the following Papers -
. Letter, Hon S. P. Hatton, MLA, Minister for Aboriginal Development, to Mr N. Bell, MLA,
Member for Macdonnell, dated 24 February 1993 (Paper 1792); and
. Letter, Hon P. A. E. Everingham, MLA, Chief Minister to Mr Gerard Blitner,
Chairman, Northern Land Council, dated 11 May 1981 (Paper 1787).
Mr Rioli moved - That all words after "That" be omitted and insert in their stead:
In view of the Commonwealth's continuing administration
of Kakadu National Park at the request of the owners of
those lands, and the Northern Territory Conservation
Commission's responsibility for environmental management
and conservation in lands abutting Kakadu National Park,
this House calls for the adoption of policies by the
Northern Territory Government, including acceptance and
promotion of:
(a) the principles of the Aboriginal Land Rights Act;
(b) the principle of Native Title;
(c) the protection of Sacred Sites; and
(d) increased involvement of Aboriginal Territorians in
the management of Northern Territory National Parks,
which would result in the development of trust and
cooperation between traditional land owners and the
Northern Territory Government leading to a cooperative
approach to the issues of land management in the region.
Debate ensued.
Question - That the amendment be agreed to - put and negatived.
Question - That the motion be agreed to - put and passed.
11. DISCHARGE OF TWO BILLS:
The Attorney-General (Mr Finch) moved - That Government Business, Order of the
Day No. 3, relating to the Sentencing Bill 1994 (Serial 9) and the Sentencing
(Consequential Amendments) Bill 1994 (Serial 10) be discharged from the Notice Paper.
Question - put and passed.
12. SENTENCING BILL 1995 (Serial 85):
The Attorney-General (Mr Finch), pursuant to notice, presented a Bill for an Act to
consolidate the law relating to the sentencing of offenders and for related purposes.
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.
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13. RACING AND BETTING AMENDMENT BILL 1995 (Serial 76):
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 Tourism (Mr Coulter) the Bill was read a third time and
passed to be a proposed law.
14. RETIREMENT VILLAGES BILL 1994 (Serial 44):
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.
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 and 2, by leave, taken together and agreed to.
Clause 3 read.
On the motion of the Attorney-General (Mr Finch) the following amendment was agreed to -
Insert after the definition of "administering
authority" the following:
" `authorised officer' means a person who is an
authorised officer under the Consumer Affairs and
Fair Trading Act;".
On the motion of Mr Finch the following further amendment was agreed to -
Omit from the definition of "Commissioner" the
words "Commissioner for Consumer Affairs" and insert
in their stead "Commissioner of Consumer Affairs".
On the motion of Mr Finch the following further amendment was agreed to, after debate -
Insert after the definition of "Commissioner" the following:
" `premium' means a payment (including a gift) made
to the administering authority of a retirement
village in consideration for, or in
contemplation of, admission of the person by or
on whose behalf the payment was made as a
resident of the retirement village (including
any such payment made for the purchase of a
residential unit in the retirement village or
for the purchase, issue or assignment of shares
conferring a right to occupy any such
residential unit) but does not include -
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(a) a payment excluded by the
Regulations; and
(b) a recurrent charge;
`recurrent charge' means an amount (including rent)
payable by a resident to the administering
authority of a retirement village on a
recurrent basis;
`Register' means the Register within the meaning of
the Real Property Act;
`registered' means registered under the Real
Property Act;".
On the motion of Mr Finch the following further amendment was agreed to -
Omit from the definition of "residence rules" the
words "any by-laws" and insert in their stead "any
articles or by-laws".
On the motion of Mr Finch the following further amendment was agreed to -
Omit from the definition of "residence rules" the
words "a prescribed Act".
On the motion of Mr Finch the following further amendment was agreed to -
Omit the definition of "residential tenancy
agreement".
On the motion of Mr Finch the following further amendment was agreed to -
Omit from the definition of "retirement village"
all words after "retired persons".
On the motion of Mr Finch the following further amendment was agreed to -
Insert at the end the following:
"(3) For the purposes of the definition of
`administering authority', where land within a
retirement village is the subject of title
under the Unit Titles Act, the corporation
established for the land by that Act may be the
administering authority of the retirement
village.
"(4) Where a corporation established under the
Unit Titles Act is the administering authority
of a retirement village, it -
(a) shall comply with the rules laid out in
that Act in respect of the processes to be
followed in making decisions as the
administering authority; and
(b) may hold meetings required by this Act or a
code relating to the retirement village in
conjunction with meetings required under
that Act.
"(5) In this Act, a reference to the `Court'
means -
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(a) the Local Court; or
(b) where the jurisdictional limit of the Local
Court is exceeded, the Supreme Court except
where the parties consent in writing to the
Local Court hearing and determining the
proceedings.
"(6) Land shall not be taken to be subdivided for
the purposes of the Planning Act by the grant
of a right to occupy residential premises in a
retirement village under a residence
contract.".
Clause 3, as amended, agreed to.
Clause 4 agreed to.
Clause 5 read.
On the motion of Mr Finch the following amendment was agreed to, after debate -
Omit "This Act" and insert in its stead
"(1) Subject to subsection (2), this Act".
On the motion of Mr Finch the following further amendment was agreed to -
Add at the end the following:
"(2) The Minister may, by notice in writing,
exempt a retirement village from all or
specified provisions of this Act for such
period and subject to such conditions as the
Minister thinks fit and specifies in the
notice.".
Mr Finch, by leave, moved the following amendment to the amendment -
Insert after "Act" the words - "or any other Act".
Amendment to the amendment, agreed to.
Amendment as amended, agreed to.
Clause 5 as amended agreed to.
Clause 6 read -
On the motion of Mr Finch the following amendment was agreed to -
Omit from subclause (1)(c) and (d) "Local".
Clause 6, as amended, agreed to.
Clause 7 read.
On the motion of Mr Finch the following amendment was agreed to -
Omit "Local".
Clause 7, as amended, agreed to.
Clause 8 read.
On the motion of Mr Finch the following amendment was agreed to -
Omit "Local", wherever occurring.
Clause 8, as amended, agreed to.
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Clauses 9 to 11, by leave, taken together and agreed to.
On the motion of Mr Finch the following new clause was inserted in the Bill, after debate -
Insert after clause 11, in Part 3, the following:
"11A. CONTRACTUAL RIGHTS OF RESIDENTS
"(1) A residence contract may be enforced against
the administering authority, from time to time,
of the retirement village.
"(2) Where a premium is paid under a residence
contract providing that it will be repaid in
whole or in part on the happening of a
contingency and the contingency occurs, the
resident or a person claiming on behalf of the
resident may recover the amount that is
repayable as a debt from the administering
authority, from time to time, of the retirement
village.
"(3) Proceedings will not lie against the owner of
land within a retirement village for the
enforcement of rights under subsection (1) or
(2) unless -
(a) the owner is a party to the residence
contract under which the premium is
repayable;
(b) the owner is the sole administering
authority of the retirement village; or
(c) an administering authority, other than the
owner, has failed to satisfy an order of
the Court given for the enforcement of
those rights.
"(4) The right of a resident to repayment of a
premium, or part of a premium, is a charge on
land within the retirement village other than -
(a) a residential unit owned by a
resident; or
(b) common property in a subdivision effected
under the Unit Titles Act which is a
retirement village.
"(5) A charge referred to in subsection (4) is an
overriding statutory charge within the meaning
of the Real Property Act.
"(6) A charge referred to in subsection (4) can
only be enforced -
(a) with the approval of the Court; and
(b) subject to any conditions to which the
Court's approval is subject.
"(7) In considering whether to give its approval
under subsection (6), the Court shall have
regard to the rights and interests of other
residents of the retirement village who have
charges on the land within the retirement
village.
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"(8) Where the Court approves the enforcement of a
charge under subsection (6), the charge may,
subject to the conditions of the Court, be
enforced in the same way as an overriding
statutory charge registered under the Real
Property Act.".
Clause 12 read -
On the motion of Mr Finch the following amendment was agreed to -
Omit "Local", wherever occurring.
Clause 12, as amended, agreed to.
Mr Finch moved the following further amendment -
Omit from subclause (2)(a) "dispute; or" and insert
in its stead "dispute; and ".
Amendment negatived, after debate.
On the motion of Mr Finch the following further amendment was agreed to -
Omit from subclause (5)(b) "code" and insert in its
stead "code or Act".
Clause 12, as amended, agreed to.
Clause 13 read.
On the motion of Mr Finch the following amendment was agreed to -
Omit "Local".
Clause 13, as amended, agreed to.
Clause 14 read.
On the motion of Mr Finch the following amendment was agreed to -
Omit "Local", wherever occurring.
On the motion of Mr Finch the following further amendment was agreed to -
Omit from subclause (2)(a) "code" and insert in its
stead "code or Act".
Clause 14, as amended, agreed to.
Clause 15 read.
On the motion of Mr Finch the following amendment was agreed to -
Omit "Local", wherever occurring.
Clause 15, as amended, agreed to.
Clause 16 read.
On the motion of Mr Finch the following amendment was agreed to -
Omit "section 26" and insert in its stead "section 25".
Clause 16, as amended, agreed to.
Clauses 17 - 20, by leave, taken together.
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On the motion of Mr Finch the following amendments were taken together, by leave, and agreed to -
Clause 17 -
Omit "Local".
Clause 18 -
Omit "Local", wherever occurring.
Clause 19 -
Omit "Local", wherever occurring.
Clause 20 -
Omit "Local", wherever occurring.
Clauses 17 - 20, as amended, agreed to.
Clause 21 agreed to.
Clause 22 read.
On the motion of Mr Finch the following amendments were taken together, by leave, and agreed to -
Clause 22 -
Omit from subclause (1) "Local".
Omit from subclause (1) "the Judicial Registrar"
and insert in its stead "a Registrar".
Omit from subclause (1) "an officer of the Court"
and insert in its stead "a bailiff".
Omit from subclauses (2) and (4) "An officer" and
insert in its stead "A bailiff".
Omit from subclauses (3) and (6) "an officer" and
insert in its stead "a bailiff".
Omit from subclause (5) "an officer" and insert in
its stead "a bailiff".
Omit from subclauses (3) and (6) "the officer" and
insert in its stead "the bailiff".
Clause 22, as amended, agreed to.
Clauses 23 to 26, by leave, taken together.
On the motion of Mr Finch the following amendments, by leave, were taken together and agreed to -
Clause 23 -
Omit "Local", wherever occurring.
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Clause 24 -
Omit "Local".
Clause 25 -
Omit "Local".
Clause 26 -
Omit "Local", wherever occurring.
Clauses 23 to 26, as amended, agreed to.
Clause 27 agreed to.
On the motion of Mr Finch the following new clause was inserted in the Bill -
Insert after clause 27, in Part 3, the following:
"27A. REVIEW OF RESIDENCE CONTRACT BY COURT
"Where, in proceedings before the Court, there is
evidence which satisfies the Court that a residence
contract or a part of a residence contract is harsh
and unconscionable or is otherwise such that a Court
of Equity would give relief, the Court may set aside
the residence contract, in whole or in part, or
revise or alter the residence contract as it thinks
fit.".
On the motion of Mr Finch the following amendment to the Heading to Part 4 was agreed to -
Omit "LOCAL".
Heading to Part 4, as amended, agreed to.
Clause 28 read.
On the motion of Mr Finch the following amendment was agreed to -
Omit "Local".
Clause 28, as amended, agreed to.
Clause 29 negatived.
Clause 30 read.
On the motion of Mr Finch the following amendment was agreed to -
Omit "Local".
Clause 30, as amended, agreed to.
Clause 31 read.
On the motion of Mr Finch the following amendment was agreed to -
Omit "Local", wherever occurring.
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Clause 31, as amended, agreed to.
Clause 32 read.
On the motion of Mr Finch the following amendments, by leave, were taken together and agreed to -
Omit subclause (1).
Omit from subclause (2) "Local", wherever
occurring.
Clause 32, as amended, agreed to.
On the motion of Mr Finch the following amendments were taken together, by leave, and agreed to -
Clause 33 -
Omit "Local", wherever occurring.
Clause 34 -
Omit "Local".
Clauses, as amended, agreed to.
On the motion of Mr Finch the following new clauses were inserted in the Bill, after debate -
Insert after clause 34, in Part 5, the following:
"34A. NOTATION OF REGISTER
"(1) Where land is or is to be used as a
retirement village, a record of that fact shall
be made in the Register.
"(2) The registered proprietor, within the meaning
of the Real Property Act, of land referred to
in subsection (1) shall apply, in the
prescribed form, to the Registrar-General for
the recording in the Register of the fact as
required by that subsection -
(a) if the retirement village was established
before the commencement of this Act, not
later than 3 months after that
commencement; or
(b) in any other case, before any person is
admitted to occupation of residential
premises of the retirement village or
before any person pays the whole or any
part of a premium.
Penalty: $30,000 in the case of an individual.
$150,000 in the case of a body corporate.
"(3) Where land is subject to the Unit Titles Act,
an application under subsection (2) shall be
made by the corporation constituted under that
Act for the units on the land.
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"(4) The Registrar-General, on receiving an
application under subsection (2), shall notify
each person who holds a registered mortgage,
registered charge or registered encumbrance
over land to which the application relates of
the making of the application and that the
Registrar-General will make a record in the
Register that the land is or is to be used as a
retirement village.
"(5) The Registrar-General shall, on making a
record in the Register that land is or is to be
used as a retirement village, notify the owner
of the land that the record has been made.
"(6) Where this section requires a notice to be
given to a person, the requirement is satisfied
if the notice is -
(a) given personally to the person;
(b) sent by security post or certified post or
by facsimile -
(i) to the address for service noted
in the Register;
(ii) in the case of a corporation,
either to that address or to the
address of the corporation's registered
office for the purposes of the
Corporations Law; or
(iii) where the address or addresses
authorised by subparagraphs (i) and
(ii) appear to the Registrar-General to
be unsatisfactory, to any other address
which the Registrar-General may
consider appropriate; or
(c) published in such manner as the
Registrar-General may direct.
"34B. INSURANCE BY ADMINISTERING AUTHORITY
"(1) An administering authority of a retirement
village shall insure and keep insured all
buildings and other improvements on the land
within the retirement village for their
replacement value from time to time against all
the following risks:
(a) fire, lightning, tempest, earthquake
and explosion;
(b) riot, civil commotion, strikes and labour
disturbances;
(c) malicious damages;
(d) bursting, leaking and overflowing of
boilers, water tanks, water pipes and
associated apparatus;
(e) impact of aircraft (including parts of, and
object falling from aircraft) and of road
vehicles, horses and cattle.
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"(2) An administering authority of a retirement
village shall, on the written request of a
resident, produce for inspection by the
resident a copy of the policy of insurance
effected by the administering authority in
accordance with subsection (1) or evidence of
its existence and its terms and conditions and
the receipt for premiums paid under the policy.
"(3) Where an administering authority of a
retirement village receives insurance money in
respect of damages to, or destruction of, any
building or improvement on the land within the
retirement village, it shall, without delay,
pay the money into a trust account and shall
apply the money only to rebuilding and
reinstating the building or improvement.
"(4) Notwithstanding subsection (3), the residents
and the administering authority of a retirement
village may agree to insurance money received
as a result of the damage or destruction of a
building or improvement being applied for a
purpose other than the rebuilding or
reinstatement of the building or the
improvement.
"34C. MONEY PAID BY RESIDENTS TO ADMINISTERING AUTHORITY
"(1) Subject to subsection (2), where the
residents of a retirement village are required
by the residence contract to pay money to the
administering authority to pay for the
maintenance of premises on the land within the
retirement village or to make provision for
future liabilities and the replacement of
capital items, the administering authority
shall pay the money into a trust account and
may only invest the money in such manner as
trust funds may be invested under the Trustee
Act.
"(2) Where the Minister is satisfied that -
(a) an administrative authority has sufficient
assets to meet its obligations concerning
future liabilities under this Act; or
(b) it is in the best interest of the
residents of a retirement village,
the Minister may exempt an administrative
authority from the requirements of subsection (1).".
Clause 35 agreed to.
On the motion of Mr Finch the following new clause was inserted in the Bill -
"35A. UNAUTHORISED USE OF 'RETIREMENT VILLAGE' PROHIBITED
"A person shall not, in respect of a complex of
residential premises or a proposed development
of such a complex, use the term 'retirement
village' or words that may be taken to mean
that the complex or proposed development is a
retirement village unless the complex or
proposed development is one to which this Act
applies.
Penalty:$30,000 in the case of an individual
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$150,000 in the case of a body corporate.".
Clauses 36 and 37, by leave, taken together and agreed to.
On the motion of Mr Finch the following new clauses were inserted in the Bill -
"37A. POWERS OF AUTHORISED OFFICERS
"(1) An authorised officer may, at any time, enter
and remain in a retirement village for the
purpose of -
(a) observing the operations of the
retirement village;
(b) recording the operations of the retirement
village; and
(c) ascertaining whether this Act, the
Regulations or codes applying to the
retirement village are being complied with.
"(2) A person shall not, without reasonable
excuse, obstruct or hinder an authorised
officer in the exercise of his or her powers
under this Act.
"37B. APPLICATION OF CONSUMER AFFAIRS AND FAIR
TRADING ACT TO CODES PRESCRIBED UNDER THIS ACT
"The Consumer Affairs and Fair Trading Act applies
to and in relation to a code prescribed under
this Act as if the code were a code prescribed
under that Act.".
Clauses 38 and 39, by leave, taken together and agreed to.
Clause 40 read.
On the motion of Mr Finch the following amendment was agreed to -
Omit "Local", wherever occurring.
On the motion of Mr Finch the following further amendment was agreed to -
Omit from subclause (2)(b) "business; or" and
insert in its stead "business;".
Clause 40, as amended, agreed to, after debate.
Clause 41 read.
On the motion of Mr Finch the following amendment was agreed to -
Insert after subclause (2)(h) the following:
"(ha) the payment of money by residents of
retirement villages to the administering
authority and the management, banking and use
of that money by the administering authority;".
Clause 41, as amended, agreed to.
On the motion of Mr Finch the following new clauses were inserted in the Bill -
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"41A. JURISDICTION OF THE ANTI-DISCRIMINATION COMMISSIONER
"Nothing in this Act effects the jurisdiction of
the Anti-Discrimination Commissioner appointed
under the Anti-Discrimination Act to deal with
a complaint under that Act.
"41B. RULES &c., IMPOSING RESTRICTIONS BASED ON
WHETHER PERSONS ARE RETIRED PERSONS
"(1) Nothing in the Anti-Discrimination Act
prevents a person (including a corporation
established under the Unit Titles Act) from
developing and implementing rules, agreements
and contractual arrangements for the purposes
of establishing and operating a retirement
village that limit ownership and/or occupation
of residential premises in the retirement
village to retired persons.
"(2) A rule, agreement or contractual arrangement
referred to in subsection (1) shall have regard
to the rights of family members and to visitors
of a resident of a retirement village and to
the laws of inheritance.".
Clause 42 agreed to.
Title read.
On the motion of Mr Finch the following amendment was agreed to -
Omit from the long title "the Local Court" and
insert in its stead "the courts".
Bill to be reported with amendments.
_______________________________
The Speaker (Mr McCarthy) resumed the Chair; the Chairman (Mr Setter) reported accordingly; and the report was adopted.
On the motion of the Attorney-General (Mr Finch) the Bill was read a third time and passed to be a proposed law.
15. NOTICE:
The following notice was given, by leave -
Mr Finch: To present the Statute Law Revision Bill 1995 (Serial 86).
16. WORK HEALTH AMENDMENT BILL 1995 (Serial 61):
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.
The Assembly, according to Order, resolved itself into Committee of the Whole for the consideration of the Bill.
____________________
In the Committee
(Chairman - Mr Setter)
Page 258
Bill, by leave, taken as a whole.
On the motion of the Minister for Work Health and Territory Insurance (Mr Poole), by
leave, the following amendments were taken together and agreed to -
Clause 5 -
Omit from paragraph (b)(vi) of the proposed
definition of "worker" in paragraph (a) of subclause
(1) "subsections (7) and (8)" and insert in its stead
"subsections (7), (8) and (9)".
Omit from paragraph (b) of the proposed definition
of "worker" in paragraph (a) of subclause (1),
subparagraph (viii).
Insert in subclause (1), after paragraph (c), the
following:
"(ca) by inserting after subsection (8) the
following:
`(9) A natural person who, without remuneration
or reward (other than reasonable travelling,
accommodation or other out-of-pocket expenses),
voluntarily engages in work or training of
a kind by reference or in relation to which
a person or class of persons is prescribed for
the purposes of paragraph (b)(ii) of the
definition of "worker" in subsection (1), shall
be deemed to be a worker employed under a
contract of employment by the person or
organization prescribed.';".
Insert in subclause (1), after paragraph (d), the
following:
"(e) by omitting from subsection (10) all words
after paragraph (c) and substituting the
following:
`unless, under the contract, he is entitled to
remuneration of not less than the prescribed
amount per year or at a rate that, if the
contract continued for a year, would result in
his receiving remuneration of not less than
that amount.'.".
Clause 13 -
Omit from paragraph (a) "under section 65" and
insert in its stead "under section 63 or 65'.
Omit from the words proposed to be inserted in
section 74(1) by paragraph (c) "section 65" and
insert in its stead "section 63 or 65".
Omit from the words proposed to be inserted in
section 74(2) by paragraph (d) "section 65" and
insert in its stead "section 63 or 65".
Insert at the end of proposed section 74(3) in
paragraph (e) ";but the Court is not prevented from
authorising the commutation of a payment under this
section to the maximum 156 times average weekly
earnings level, where the calculated commutation
exceeds that maximum, if it appears to the Court fair
and equitable so to do.".
Page 259
Clause 16 negatived.
Insert after clause 15 the following:
"16. REGULATIONS
Section 187 of the Principal Act is amended by
inserting in subsection (1), after paragraph (qj),
the following:
`(qk) providing for the payment of a prescribed
amount in lieu of a penalty which may otherwise
be imposed for an offence against this Act or
for a breach of the Regulations;
(ql) providing for the service of notices on
persons alleged to have infringed this Act or
breached the Regulations and particulars to be
included in such notices;
(qm) relating to fees and charges payable under
the Regulations'.".
Bill to be reported with amendments.
_____________________________
The Speaker (Mr McCarthy) resumed the Chair; the Chairman (Mr Setter) reported
accordingly; and the report was adopted.
On the motion of the Minister for Work Health and Territory Insurance (Mr Poole) the
Bill was read a third time and passed to be a proposed law.
17. 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.
Ordered - That the debate be adjourned and that the Leader of the Opposition
(Mr Ede) have leave to continue his remarks on resumption of debate.
18. GENERAL BUSINESS DAY:
The Leader of Government Business (Mr Stone) moved -That pursuant to Standing
Order 95, Wednesday 24 May 1995 be nominated as the day upon which General
Business shall take precedence over Government Business.
Question - put and passed.
19. ADJOURNMENT:
The Leader of Government Business (Mr Stone) moved - That the Assembly do now adjourn.
Debate ensued.
And the Assembly adjourned at 9.42 p.m. until Tuesday 23 May 1995 at 10.00 a.m.
======================
All Members attended the sitting.
Ian McNeill
Clerk of the Legislative Assembly
Page 260
__________________________________________________________________________________
Date : 18/05/1995
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. PETITIONS:
The Member for Barkly (Mrs Hickey) presented a petition from 36 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 1783).
The Member for Barkly (Mrs Hickey) presented a petition from 632 petitioners requesting
the Assembly do all in its power to ensure that Channel 10 Television Service is made
available to Tennant Creek residents (Paper 1782).
Petition read.
4. VISITORS:
The Speaker (Mr McCarthy) drew the attention of Honourable Members to the presence
in the gallery of students from Year 7A and 7B from Nakara Primary School and their
teachers Ms Maria Albion and Mr Ron Bibby; and senior citizens from the Joy
Anderson Centre.
On behalf of Honourable Members, the Speaker extended a warm welcome to the visitors.
5. QUESTIONS:
Questions were asked of Ministers.
____________________
Distinguished Visitors: The Speaker (Mr McCarthy) drew the attention of Honourable
Members to the presence in the gallery of Mr James Muirhead AC, QC, former
Administrator of the Northern Territory, and Mrs Margaret Muirhead and
Mrs Cherry Perron.
On behalf of Honourable Members, the Speaker extended a warm welcome to the
distinguished visitors.
____________________
Further questions were asked of Ministers.
6. MESSAGE FROM THE ADMINISTRATOR:
The Speaker laid on the Table the following Message from His Honour the Administrator:
Message No. 13
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 to authorise
the
Page 243
issuing and expending of the public moneys of the Territory in respect of the year ending
30 June 1996.
Dated: 16th of May 1995.
(Sgd) AUSTIN ASCHE
Administrator.
(Paper 1793)
7. BROADCAST OF BUDGET SPEECH:
The Speaker advised Members that permission had been given for coverage of the
Treasurer's Budget Speech by the following media organisations -
8 TOP FM to broadcast direct;
ABC Television and Channel 8 to take sound and vision for rebroadcast; and
NT News to take photographs for file purposes.
8. APPROPRIATION BILL 1995 (Serial 80):
The Treasurer (Mr Coulter), pursuant to notice, presented a Bill for an Act to authorise the
issuing and expending of the public moneys of the Territory in respect of the year
ending 30 June 1996, the subject of His Honour the Administrator's Message No. 13.
Bill read a first time.
Mr Coulter moved - That the Bill be now read a second time.
Papers tabled: Mr Coulter laid on the Table the following Papers -
. Budget Paper No.1,1995-96 - Budget Speech and Appropriation Bill
(Paper 1768);
. Budget Paper No. 2, 1995-96 - The Budget (Paper 1769);
. Budget Paper No. 3, 1995-96 - Sources of Funds (Paper 1770);
. Budget Paper No. 4, 1995-96 - Public Sector Assets and Liabilities (Paper 1771);
. Budget Paper No. 5, 1995-96 - Issues in Public Finance (Paper 1772);
. Budget Paper No. 6, 1995-96 - Northern Territory Economy (Paper 1773);
. Guide through the Budget Papers, May 1995 (Paper 1767);
. 1995-96, Budget and Proposed Capital Works, Regional Highlights, Darwin
(Paper 1775)
. 1995-96, Budget and Proposed Capital Works, Regional Highlights, Palmerston and Rural (Paper 1778);
. 1995-96, Budget and Proposed Capital Works, Regional Highlights, Katherine (Paper 1771)
. 1995-96, Budget and Proposed Capital Works, Regional Highlights, Arnhem and Tiwi Islands (Paper 1776);
. 1995-96, Budget and Proposed Capital Works, Regional Highlights, Tennant Creek (Paper 1779);
. 1995-96, Budget and Proposed Capital Works, Regional Highlights, Alice Springs, (Paper 1774); and
. 1995-96, Women in the Budget, May 1995 (Paper 1780).
On the motion of the Leader of the Opposition (Mr Ede) debate was adjourned.
Page 244
____________________
Suspension of sitting: The sitting was suspended between 11.48 a.m. and 2.00 p.m.
____________________
9. COMMERCIALISATION OF GOVERNMENT BUSINESS DIVISIONS -
MINISTERIAL STATEMENT - STATEMENT NOTED:
The Minister for Transport and Works (Mr Manzie) made a Statement relating to the
Commercialisation of Government Services within the Department of Transport and Works (Paper 1781).
Mr Manzie moved - That the Assembly take note of the Statement.
Debate ensued.
Question - put and passed.
10. PLANNING AND MANAGEMENT OF KAKADU NATIONAL PARK - MOTION AGREED TO:
The Minister for Conservation (Mr Coulter), by leave, moved - That -
In view of the Federal Government's continuing failure to fully involve the Northern
Territory Government in the planning for Kakadu National Park, and the outstanding
expertise of the Conservation Commission of the Northern Territory in park planning and
management, this House calls upon the Federal Government to:
(a) fully involve the Northern Territory Government on a
partnership basis in the preparation of the new Plan
of Management for Kakadu National Park;
(b) in order to implement this partnership, establish a
planning team with representation from the Australian
Nature Conservation Agency, the Conservation
Commission of the Northern Territory and the
traditional owners to supervise the preparation of
the new Plan of Management for Kakadu National Park;
and
(c) that the Speaker forward the Terms of the Resolution
to the Prime Minister forthwith.
Papers tabled: Mr Coulter laid on the Table the following Papers -
. Kit, Invitation to Comment Kit, Kakadu National Owners, Australian Nature Conservation Agency (Paper 1786);
. Maintaining the Balance - Territory Labor's Environment Strategy (Paper 1785);
. Graph, Litchfield/Kakadu Visitation v Entry Fees, 1989 to 1994 (Paper 1784);
. Letter, Sharon Mulholland, Managing Director, Northern Territory Tourist Commission, to Dr A. J. Press, Executive Director, Australian Nature Conservation Agency, dated 17 November 1994 (Paper 1789);
. Letter, Sharon Mulholland, Managing Director, Northern Territory Tourist Commission, to Mr Brian Barruwei, Chairman, Kakadu National Park Board, dated 28 November 1994 (Paper 1790);
. Letter, Senator John Faulkner, Minister for the Environment, Sport and
Territories to Ms Sharon Mulholland, Managing Director, Northern Territory
Tourist Commission, dated 4 January 1995 (Paper 1791);
and
Page 245
. "Different View of Rock" Comment by John Loizou, Sunday Territorian,
dated 30 October 1994 (Paper 1788).
Debate ensued.
Papers tabled: The Member for Arafura (Mr Rioli), by leave, laid on the Table the following Papers -
. Letter, Hon S. P. Hatton, MLA, Minister for Aboriginal Development, to Mr N. Bell, MLA,
Member for Macdonnell, dated 24 February 1993 (Paper 1792); and
. Letter, Hon P. A. E. Everingham, MLA, Chief Minister to Mr Gerard Blitner,
Chairman, Northern Land Council, dated 11 May 1981 (Paper 1787).
Mr Rioli moved - That all words after "That" be omitted and insert in their stead:
In view of the Commonwealth's continuing administration
of Kakadu National Park at the request of the owners of
those lands, and the Northern Territory Conservation
Commission's responsibility for environmental management
and conservation in lands abutting Kakadu National Park,
this House calls for the adoption of policies by the
Northern Territory Government, including acceptance and
promotion of:
(a) the principles of the Aboriginal Land Rights Act;
(b) the principle of Native Title;
(c) the protection of Sacred Sites; and
(d) increased involvement of Aboriginal Territorians in
the management of Northern Territory National Parks,
which would result in the development of trust and
cooperation between traditional land owners and the
Northern Territory Government leading to a cooperative
approach to the issues of land management in the region.
Debate ensued.
Question - That the amendment be agreed to - put and negatived.
Question - That the motion be agreed to - put and passed.
11. DISCHARGE OF TWO BILLS:
The Attorney-General (Mr Finch) moved - That Government Business, Order of the
Day No. 3, relating to the Sentencing Bill 1994 (Serial 9) and the Sentencing
(Consequential Amendments) Bill 1994 (Serial 10) be discharged from the Notice Paper.
Question - put and passed.
12. SENTENCING BILL 1995 (Serial 85):
The Attorney-General (Mr Finch), pursuant to notice, presented a Bill for an Act to
consolidate the law relating to the sentencing of offenders and for related purposes.
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.
Page 246
13. RACING AND BETTING AMENDMENT BILL 1995 (Serial 76):
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 Tourism (Mr Coulter) the Bill was read a third time and
passed to be a proposed law.
14. RETIREMENT VILLAGES BILL 1994 (Serial 44):
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.
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 and 2, by leave, taken together and agreed to.
Clause 3 read.
On the motion of the Attorney-General (Mr Finch) the following amendment was agreed to -
Insert after the definition of "administering
authority" the following:
" `authorised officer' means a person who is an
authorised officer under the Consumer Affairs and
Fair Trading Act;".
On the motion of Mr Finch the following further amendment was agreed to -
Omit from the definition of "Commissioner" the
words "Commissioner for Consumer Affairs" and insert
in their stead "Commissioner of Consumer Affairs".
On the motion of Mr Finch the following further amendment was agreed to, after debate -
Insert after the definition of "Commissioner" the following:
" `premium' means a payment (including a gift) made
to the administering authority of a retirement
village in consideration for, or in
contemplation of, admission of the person by or
on whose behalf the payment was made as a
resident of the retirement village (including
any such payment made for the purchase of a
residential unit in the retirement village or
for the purchase, issue or assignment of shares
conferring a right to occupy any such
residential unit) but does not include -
Page 247
(a) a payment excluded by the
Regulations; and
(b) a recurrent charge;
`recurrent charge' means an amount (including rent)
payable by a resident to the administering
authority of a retirement village on a
recurrent basis;
`Register' means the Register within the meaning of
the Real Property Act;
`registered' means registered under the Real
Property Act;".
On the motion of Mr Finch the following further amendment was agreed to -
Omit from the definition of "residence rules" the
words "any by-laws" and insert in their stead "any
articles or by-laws".
On the motion of Mr Finch the following further amendment was agreed to -
Omit from the definition of "residence rules" the
words "a prescribed Act".
On the motion of Mr Finch the following further amendment was agreed to -
Omit the definition of "residential tenancy
agreement".
On the motion of Mr Finch the following further amendment was agreed to -
Omit from the definition of "retirement village"
all words after "retired persons".
On the motion of Mr Finch the following further amendment was agreed to -
Insert at the end the following:
"(3) For the purposes of the definition of
`administering authority', where land within a
retirement village is the subject of title
under the Unit Titles Act, the corporation
established for the land by that Act may be the
administering authority of the retirement
village.
"(4) Where a corporation established under the
Unit Titles Act is the administering authority
of a retirement village, it -
(a) shall comply with the rules laid out in
that Act in respect of the processes to be
followed in making decisions as the
administering authority; and
(b) may hold meetings required by this Act or a
code relating to the retirement village in
conjunction with meetings required under
that Act.
"(5) In this Act, a reference to the `Court'
means -
Page 248
(a) the Local Court; or
(b) where the jurisdictional limit of the Local
Court is exceeded, the Supreme Court except
where the parties consent in writing to the
Local Court hearing and determining the
proceedings.
"(6) Land shall not be taken to be subdivided for
the purposes of the Planning Act by the grant
of a right to occupy residential premises in a
retirement village under a residence
contract.".
Clause 3, as amended, agreed to.
Clause 4 agreed to.
Clause 5 read.
On the motion of Mr Finch the following amendment was agreed to, after debate -
Omit "This Act" and insert in its stead
"(1) Subject to subsection (2), this Act".
On the motion of Mr Finch the following further amendment was agreed to -
Add at the end the following:
"(2) The Minister may, by notice in writing,
exempt a retirement village from all or
specified provisions of this Act for such
period and subject to such conditions as the
Minister thinks fit and specifies in the
notice.".
Mr Finch, by leave, moved the following amendment to the amendment -
Insert after "Act" the words - "or any other Act".
Amendment to the amendment, agreed to.
Amendment as amended, agreed to.
Clause 5 as amended agreed to.
Clause 6 read -
On the motion of Mr Finch the following amendment was agreed to -
Omit from subclause (1)(c) and (d) "Local".
Clause 6, as amended, agreed to.
Clause 7 read.
On the motion of Mr Finch the following amendment was agreed to -
Omit "Local".
Clause 7, as amended, agreed to.
Clause 8 read.
On the motion of Mr Finch the following amendment was agreed to -
Omit "Local", wherever occurring.
Clause 8, as amended, agreed to.
Page 249
Clauses 9 to 11, by leave, taken together and agreed to.
On the motion of Mr Finch the following new clause was inserted in the Bill, after debate -
Insert after clause 11, in Part 3, the following:
"11A. CONTRACTUAL RIGHTS OF RESIDENTS
"(1) A residence contract may be enforced against
the administering authority, from time to time,
of the retirement village.
"(2) Where a premium is paid under a residence
contract providing that it will be repaid in
whole or in part on the happening of a
contingency and the contingency occurs, the
resident or a person claiming on behalf of the
resident may recover the amount that is
repayable as a debt from the administering
authority, from time to time, of the retirement
village.
"(3) Proceedings will not lie against the owner of
land within a retirement village for the
enforcement of rights under subsection (1) or
(2) unless -
(a) the owner is a party to the residence
contract under which the premium is
repayable;
(b) the owner is the sole administering
authority of the retirement village; or
(c) an administering authority, other than the
owner, has failed to satisfy an order of
the Court given for the enforcement of
those rights.
"(4) The right of a resident to repayment of a
premium, or part of a premium, is a charge on
land within the retirement village other than -
(a) a residential unit owned by a
resident; or
(b) common property in a subdivision effected
under the Unit Titles Act which is a
retirement village.
"(5) A charge referred to in subsection (4) is an
overriding statutory charge within the meaning
of the Real Property Act.
"(6) A charge referred to in subsection (4) can
only be enforced -
(a) with the approval of the Court; and
(b) subject to any conditions to which the
Court's approval is subject.
"(7) In considering whether to give its approval
under subsection (6), the Court shall have
regard to the rights and interests of other
residents of the retirement village who have
charges on the land within the retirement
village.
Page 250
"(8) Where the Court approves the enforcement of a
charge under subsection (6), the charge may,
subject to the conditions of the Court, be
enforced in the same way as an overriding
statutory charge registered under the Real
Property Act.".
Clause 12 read -
On the motion of Mr Finch the following amendment was agreed to -
Omit "Local", wherever occurring.
Clause 12, as amended, agreed to.
Mr Finch moved the following further amendment -
Omit from subclause (2)(a) "dispute; or" and insert
in its stead "dispute; and ".
Amendment negatived, after debate.
On the motion of Mr Finch the following further amendment was agreed to -
Omit from subclause (5)(b) "code" and insert in its
stead "code or Act".
Clause 12, as amended, agreed to.
Clause 13 read.
On the motion of Mr Finch the following amendment was agreed to -
Omit "Local".
Clause 13, as amended, agreed to.
Clause 14 read.
On the motion of Mr Finch the following amendment was agreed to -
Omit "Local", wherever occurring.
On the motion of Mr Finch the following further amendment was agreed to -
Omit from subclause (2)(a) "code" and insert in its
stead "code or Act".
Clause 14, as amended, agreed to.
Clause 15 read.
On the motion of Mr Finch the following amendment was agreed to -
Omit "Local", wherever occurring.
Clause 15, as amended, agreed to.
Clause 16 read.
On the motion of Mr Finch the following amendment was agreed to -
Omit "section 26" and insert in its stead "section 25".
Clause 16, as amended, agreed to.
Clauses 17 - 20, by leave, taken together.
Page 251
On the motion of Mr Finch the following amendments were taken together, by leave, and agreed to -
Clause 17 -
Omit "Local".
Clause 18 -
Omit "Local", wherever occurring.
Clause 19 -
Omit "Local", wherever occurring.
Clause 20 -
Omit "Local", wherever occurring.
Clauses 17 - 20, as amended, agreed to.
Clause 21 agreed to.
Clause 22 read.
On the motion of Mr Finch the following amendments were taken together, by leave, and agreed to -
Clause 22 -
Omit from subclause (1) "Local".
Omit from subclause (1) "the Judicial Registrar"
and insert in its stead "a Registrar".
Omit from subclause (1) "an officer of the Court"
and insert in its stead "a bailiff".
Omit from subclauses (2) and (4) "An officer" and
insert in its stead "A bailiff".
Omit from subclauses (3) and (6) "an officer" and
insert in its stead "a bailiff".
Omit from subclause (5) "an officer" and insert in
its stead "a bailiff".
Omit from subclauses (3) and (6) "the officer" and
insert in its stead "the bailiff".
Clause 22, as amended, agreed to.
Clauses 23 to 26, by leave, taken together.
On the motion of Mr Finch the following amendments, by leave, were taken together and agreed to -
Clause 23 -
Omit "Local", wherever occurring.
Page 252
Clause 24 -
Omit "Local".
Clause 25 -
Omit "Local".
Clause 26 -
Omit "Local", wherever occurring.
Clauses 23 to 26, as amended, agreed to.
Clause 27 agreed to.
On the motion of Mr Finch the following new clause was inserted in the Bill -
Insert after clause 27, in Part 3, the following:
"27A. REVIEW OF RESIDENCE CONTRACT BY COURT
"Where, in proceedings before the Court, there is
evidence which satisfies the Court that a residence
contract or a part of a residence contract is harsh
and unconscionable or is otherwise such that a Court
of Equity would give relief, the Court may set aside
the residence contract, in whole or in part, or
revise or alter the residence contract as it thinks
fit.".
On the motion of Mr Finch the following amendment to the Heading to Part 4 was agreed to -
Omit "LOCAL".
Heading to Part 4, as amended, agreed to.
Clause 28 read.
On the motion of Mr Finch the following amendment was agreed to -
Omit "Local".
Clause 28, as amended, agreed to.
Clause 29 negatived.
Clause 30 read.
On the motion of Mr Finch the following amendment was agreed to -
Omit "Local".
Clause 30, as amended, agreed to.
Clause 31 read.
On the motion of Mr Finch the following amendment was agreed to -
Omit "Local", wherever occurring.
Page 253
Clause 31, as amended, agreed to.
Clause 32 read.
On the motion of Mr Finch the following amendments, by leave, were taken together and agreed to -
Omit subclause (1).
Omit from subclause (2) "Local", wherever
occurring.
Clause 32, as amended, agreed to.
On the motion of Mr Finch the following amendments were taken together, by leave, and agreed to -
Clause 33 -
Omit "Local", wherever occurring.
Clause 34 -
Omit "Local".
Clauses, as amended, agreed to.
On the motion of Mr Finch the following new clauses were inserted in the Bill, after debate -
Insert after clause 34, in Part 5, the following:
"34A. NOTATION OF REGISTER
"(1) Where land is or is to be used as a
retirement village, a record of that fact shall
be made in the Register.
"(2) The registered proprietor, within the meaning
of the Real Property Act, of land referred to
in subsection (1) shall apply, in the
prescribed form, to the Registrar-General for
the recording in the Register of the fact as
required by that subsection -
(a) if the retirement village was established
before the commencement of this Act, not
later than 3 months after that
commencement; or
(b) in any other case, before any person is
admitted to occupation of residential
premises of the retirement village or
before any person pays the whole or any
part of a premium.
Penalty: $30,000 in the case of an individual.
$150,000 in the case of a body corporate.
"(3) Where land is subject to the Unit Titles Act,
an application under subsection (2) shall be
made by the corporation constituted under that
Act for the units on the land.
Page 254
"(4) The Registrar-General, on receiving an
application under subsection (2), shall notify
each person who holds a registered mortgage,
registered charge or registered encumbrance
over land to which the application relates of
the making of the application and that the
Registrar-General will make a record in the
Register that the land is or is to be used as a
retirement village.
"(5) The Registrar-General shall, on making a
record in the Register that land is or is to be
used as a retirement village, notify the owner
of the land that the record has been made.
"(6) Where this section requires a notice to be
given to a person, the requirement is satisfied
if the notice is -
(a) given personally to the person;
(b) sent by security post or certified post or
by facsimile -
(i) to the address for service noted
in the Register;
(ii) in the case of a corporation,
either to that address or to the
address of the corporation's registered
office for the purposes of the
Corporations Law; or
(iii) where the address or addresses
authorised by subparagraphs (i) and
(ii) appear to the Registrar-General to
be unsatisfactory, to any other address
which the Registrar-General may
consider appropriate; or
(c) published in such manner as the
Registrar-General may direct.
"34B. INSURANCE BY ADMINISTERING AUTHORITY
"(1) An administering authority of a retirement
village shall insure and keep insured all
buildings and other improvements on the land
within the retirement village for their
replacement value from time to time against all
the following risks:
(a) fire, lightning, tempest, earthquake
and explosion;
(b) riot, civil commotion, strikes and labour
disturbances;
(c) malicious damages;
(d) bursting, leaking and overflowing of
boilers, water tanks, water pipes and
associated apparatus;
(e) impact of aircraft (including parts of, and
object falling from aircraft) and of road
vehicles, horses and cattle.
Page 255
"(2) An administering authority of a retirement
village shall, on the written request of a
resident, produce for inspection by the
resident a copy of the policy of insurance
effected by the administering authority in
accordance with subsection (1) or evidence of
its existence and its terms and conditions and
the receipt for premiums paid under the policy.
"(3) Where an administering authority of a
retirement village receives insurance money in
respect of damages to, or destruction of, any
building or improvement on the land within the
retirement village, it shall, without delay,
pay the money into a trust account and shall
apply the money only to rebuilding and
reinstating the building or improvement.
"(4) Notwithstanding subsection (3), the residents
and the administering authority of a retirement
village may agree to insurance money received
as a result of the damage or destruction of a
building or improvement being applied for a
purpose other than the rebuilding or
reinstatement of the building or the
improvement.
"34C. MONEY PAID BY RESIDENTS TO ADMINISTERING AUTHORITY
"(1) Subject to subsection (2), where the
residents of a retirement village are required
by the residence contract to pay money to the
administering authority to pay for the
maintenance of premises on the land within the
retirement village or to make provision for
future liabilities and the replacement of
capital items, the administering authority
shall pay the money into a trust account and
may only invest the money in such manner as
trust funds may be invested under the Trustee
Act.
"(2) Where the Minister is satisfied that -
(a) an administrative authority has sufficient
assets to meet its obligations concerning
future liabilities under this Act; or
(b) it is in the best interest of the
residents of a retirement village,
the Minister may exempt an administrative
authority from the requirements of subsection (1).".
Clause 35 agreed to.
On the motion of Mr Finch the following new clause was inserted in the Bill -
"35A. UNAUTHORISED USE OF 'RETIREMENT VILLAGE' PROHIBITED
"A person shall not, in respect of a complex of
residential premises or a proposed development
of such a complex, use the term 'retirement
village' or words that may be taken to mean
that the complex or proposed development is a
retirement village unless the complex or
proposed development is one to which this Act
applies.
Penalty:$30,000 in the case of an individual
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$150,000 in the case of a body corporate.".
Clauses 36 and 37, by leave, taken together and agreed to.
On the motion of Mr Finch the following new clauses were inserted in the Bill -
"37A. POWERS OF AUTHORISED OFFICERS
"(1) An authorised officer may, at any time, enter
and remain in a retirement village for the
purpose of -
(a) observing the operations of the
retirement village;
(b) recording the operations of the retirement
village; and
(c) ascertaining whether this Act, the
Regulations or codes applying to the
retirement village are being complied with.
"(2) A person shall not, without reasonable
excuse, obstruct or hinder an authorised
officer in the exercise of his or her powers
under this Act.
"37B. APPLICATION OF CONSUMER AFFAIRS AND FAIR
TRADING ACT TO CODES PRESCRIBED UNDER THIS ACT
"The Consumer Affairs and Fair Trading Act applies
to and in relation to a code prescribed under
this Act as if the code were a code prescribed
under that Act.".
Clauses 38 and 39, by leave, taken together and agreed to.
Clause 40 read.
On the motion of Mr Finch the following amendment was agreed to -
Omit "Local", wherever occurring.
On the motion of Mr Finch the following further amendment was agreed to -
Omit from subclause (2)(b) "business; or" and
insert in its stead "business;".
Clause 40, as amended, agreed to, after debate.
Clause 41 read.
On the motion of Mr Finch the following amendment was agreed to -
Insert after subclause (2)(h) the following:
"(ha) the payment of money by residents of
retirement villages to the administering
authority and the management, banking and use
of that money by the administering authority;".
Clause 41, as amended, agreed to.
On the motion of Mr Finch the following new clauses were inserted in the Bill -
Page 257
"41A. JURISDICTION OF THE ANTI-DISCRIMINATION COMMISSIONER
"Nothing in this Act effects the jurisdiction of
the Anti-Discrimination Commissioner appointed
under the Anti-Discrimination Act to deal with
a complaint under that Act.
"41B. RULES &c., IMPOSING RESTRICTIONS BASED ON
WHETHER PERSONS ARE RETIRED PERSONS
"(1) Nothing in the Anti-Discrimination Act
prevents a person (including a corporation
established under the Unit Titles Act) from
developing and implementing rules, agreements
and contractual arrangements for the purposes
of establishing and operating a retirement
village that limit ownership and/or occupation
of residential premises in the retirement
village to retired persons.
"(2) A rule, agreement or contractual arrangement
referred to in subsection (1) shall have regard
to the rights of family members and to visitors
of a resident of a retirement village and to
the laws of inheritance.".
Clause 42 agreed to.
Title read.
On the motion of Mr Finch the following amendment was agreed to -
Omit from the long title "the Local Court" and
insert in its stead "the courts".
Bill to be reported with amendments.
_______________________________
The Speaker (Mr McCarthy) resumed the Chair; the Chairman (Mr Setter) reported accordingly; and the report was adopted.
On the motion of the Attorney-General (Mr Finch) the Bill was read a third time and passed to be a proposed law.
15. NOTICE:
The following notice was given, by leave -
Mr Finch: To present the Statute Law Revision Bill 1995 (Serial 86).
16. WORK HEALTH AMENDMENT BILL 1995 (Serial 61):
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.
The Assembly, according to Order, resolved itself into Committee of the Whole for the consideration of the Bill.
____________________
In the Committee
(Chairman - Mr Setter)
Page 258
Bill, by leave, taken as a whole.
On the motion of the Minister for Work Health and Territory Insurance (Mr Poole), by
leave, the following amendments were taken together and agreed to -
Clause 5 -
Omit from paragraph (b)(vi) of the proposed
definition of "worker" in paragraph (a) of subclause
(1) "subsections (7) and (8)" and insert in its stead
"subsections (7), (8) and (9)".
Omit from paragraph (b) of the proposed definition
of "worker" in paragraph (a) of subclause (1),
subparagraph (viii).
Insert in subclause (1), after paragraph (c), the
following:
"(ca) by inserting after subsection (8) the
following:
`(9) A natural person who, without remuneration
or reward (other than reasonable travelling,
accommodation or other out-of-pocket expenses),
voluntarily engages in work or training of
a kind by reference or in relation to which
a person or class of persons is prescribed for
the purposes of paragraph (b)(ii) of the
definition of "worker" in subsection (1), shall
be deemed to be a worker employed under a
contract of employment by the person or
organization prescribed.';".
Insert in subclause (1), after paragraph (d), the
following:
"(e) by omitting from subsection (10) all words
after paragraph (c) and substituting the
following:
`unless, under the contract, he is entitled to
remuneration of not less than the prescribed
amount per year or at a rate that, if the
contract continued for a year, would result in
his receiving remuneration of not less than
that amount.'.".
Clause 13 -
Omit from paragraph (a) "under section 65" and
insert in its stead "under section 63 or 65'.
Omit from the words proposed to be inserted in
section 74(1) by paragraph (c) "section 65" and
insert in its stead "section 63 or 65".
Omit from the words proposed to be inserted in
section 74(2) by paragraph (d) "section 65" and
insert in its stead "section 63 or 65".
Insert at the end of proposed section 74(3) in
paragraph (e) ";but the Court is not prevented from
authorising the commutation of a payment under this
section to the maximum 156 times average weekly
earnings level, where the calculated commutation
exceeds that maximum, if it appears to the Court fair
and equitable so to do.".
Page 259
Clause 16 negatived.
Insert after clause 15 the following:
"16. REGULATIONS
Section 187 of the Principal Act is amended by
inserting in subsection (1), after paragraph (qj),
the following:
`(qk) providing for the payment of a prescribed
amount in lieu of a penalty which may otherwise
be imposed for an offence against this Act or
for a breach of the Regulations;
(ql) providing for the service of notices on
persons alleged to have infringed this Act or
breached the Regulations and particulars to be
included in such notices;
(qm) relating to fees and charges payable under
the Regulations'.".
Bill to be reported with amendments.
_____________________________
The Speaker (Mr McCarthy) resumed the Chair; the Chairman (Mr Setter) reported
accordingly; and the report was adopted.
On the motion of the Minister for Work Health and Territory Insurance (Mr Poole) the
Bill was read a third time and passed to be a proposed law.
17. 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.
Ordered - That the debate be adjourned and that the Leader of the Opposition
(Mr Ede) have leave to continue his remarks on resumption of debate.
18. GENERAL BUSINESS DAY:
The Leader of Government Business (Mr Stone) moved -That pursuant to Standing
Order 95, Wednesday 24 May 1995 be nominated as the day upon which General
Business shall take precedence over Government Business.
Question - put and passed.
19. ADJOURNMENT:
The Leader of Government Business (Mr Stone) moved - That the Assembly do now adjourn.
Debate ensued.
And the Assembly adjourned at 9.42 p.m. until Tuesday 23 May 1995 at 10.00 a.m.
======================
All Members attended the sitting.
Ian McNeill
Clerk of the Legislative Assembly
Page 260
Last updated: 04 Aug 2016