Minutes of Proceedings - 1995-11-30
Seventh Assembly First Session 28/11/1995 Parliamentary Record No. 18
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Date : 30/11/1995__________________________________________________________________________________
1. MEETING:
2. PRAYERS.
3. VISITORS:
4. PETITIONS:
5. QUESTIONS:
9. PUBLICATIONS COMMITTEE - SIXTH REPORT - PAPER TABLED - REPORT ADOPTED:
12. MOTION OF CONDOLENCE - RONALD PETER McAulay, FORMER COMMISSIONER OF POLICE, NORTHERN TERRITORY:
16. MINING AMENDMENT BILL 1995 (Serial 128):
17. CRIMINAL CODE AMENDMENT BILL (No. 3) 1995 (Serial 113):
19. CRIMINAL CODE AMENDMENT BILL (No. 6) 1995 (Serial 131):
20. SENTENCING (CONSEQUENTIAL AMENDMENTS) BILL 1995 (Serial 134):
21. SUMMARY OFFENCES AMENDMENT BILL (No. 3) 1995 (Serial 135); and STOCK ROUTES AND TRAVELLING STOCK AMENDMENT BILL 1995 (Serial 136):
22. PRIVATE SECURITY BILL 1995 (Serial 118):
23. SUMMARY OFFENCES AMENDMENT BILL (No. 2) 1995 (Serial 130):
25. BRANDS AMENDMENT BILL 1995 (Serial 106):
26. ABATTOIRS AND SLAUGHTERING AMENDMENT BILL 1995 (Serial 109):
27. SPECIAL ADJOURNMENT:
28. ADJOURNMENT:
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Date : 30/11/1995
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. VISITORS:
- The Speaker (Mr McCarthy) drew the attention of Honourable Members to the presence in the gallery of students from Kormilda College and their teacher Ms Pam Wallace.
- On behalf of Honourable Members, the Speaker extended a warm welcome to the visitors.
4. PETITIONS:
- The Member for Port Darwin (Mr Stone), by leave, presented a petition, not conforming with Standing Orders, from 1705 petitioners declaring their objection to the declaration of the proposal to place the freehold property of Mrs Sue Wah Chin and her family, situated at 33 Cavenagh Street, under the provisions of the Heritage Conservation Act 1991 (Paper ).
- Petition read.
- Petition read.
5. QUESTIONS:
- Questions were asked of Ministers.
Notification of procedural matters: The Leader of Government Business (Mr Coulter) advised Members that there would be a Condolence Motion for Ronald Peter McAulay, former Police Commissioner for the Northern Territory this afternoon at 2.30 p.m. today.
Supplementary answers: The Attorney General (Mr Hatton) gave a supplementary answer to comments made by the Member for Fannie Bay (Ms Martin) during the Adjournment Debate last evening.
The Minister for Transport and Works (Mr Palmer) gave a supplementary answer to a question asked by the Member for Arnhem (Mr Ah Kit) during Question Time yesterday.
The Minister for Health Services (Mr Finch) gave a supplementary answer to a question asked by the Member for Macdonnell (Mr Bell) during Question Time yesterday.
- The Member for Macdonnell (Mr Bell), by leave, pursuant to Standing Order 57, made a personal explanation relating to comments made in the House of Representatives and subsequent comments made by the Chief Minister (Mr Stone) regarding an aeroplane accident in July, 1995 of a plane piloted by Mr Bell.
- The Chief Minister (Mr Stone) gave supplementary answers to questions asked by the Deputy Leader of the Opposition (Mrs Hickey) today during Question Time; and gave an answer to a question asked by the Leader of the Opposition (Mr Ede) during Question Time this day.
- The Chairman of the Sessional Committee on Constitutional Development (Mr Hatton) laid on the Table a Paper entitled Additional provisions to the Exposure Draft on a new Constitution for the Northern Territory. (Paper 2134).
- Mr Hatton moved - That the Paper be printed.
Question - put and passed.
Mr Hatton moved - That the Assembly take note of the Paper.
Debate ensued.
Question - put and passed.
9. PUBLICATIONS COMMITTEE - SIXTH REPORT - PAPER TABLED - REPORT ADOPTED:
- The Chairman of the Publications Committee (Mr Setter) laid on the Table the Sixth Report of the Publications Committee recommending that the following Papers be printed -
Description | Date Tabled |
Annual Report (16th), Uranium Mining (Environmental Control) Act, Northern Territory Department of Mines and Energy | 24. 8.95 |
Anti-Discrimination Commission, Northern Territory, Annual Report 1994-95 | 19.10.95 |
Auditor-General for the Northern Territory, End of Financial Year Report to the Legislative Assembly, August 1995 | 22. 8.95 |
Ayers Rock Resort Corporation, Annual Report for the period ended 30 June, 1995 | 19.10.95 |
Batchelor College, Annual Report, 1994 | 19.10.95 |
Centralian College, Annual Report 1994 | 24. 8.95 |
Conservation Commission of the Northern Territory, Annual Report, 1994-95 | 18.10.95 |
Department of Correctional Services, Annual Report 1994-95 | 19.10.95 |
Department of Lands, Housing and Local Government, Annual Report, 1994-95 | 19.10.95 |
Department of Mines and Energy, Annual Report 1994-95 | 19.10.95 |
Department of the Chief Minister, Annual Report, 1994-95 | 19.10.95 |
Director of Public Prosecutions, Northern Territory of Australia, Annual Report 1994-95 | 18.10.95 |
Discussion Paper No. 9, Constitutional Recognition of Local Government | 23. 6.95 |
Education Advisory Council, Annual Report 1994 | 12.10.95 |
Heritage Advisory Council, Annual Report 1994-95 | 19.10.95 |
Juvenile Justice Board of Management, Northern Region, Annual Report 1994-95 | 24. 8.95 |
Juvenile Justice Board of Management, Southern Region, Annual Report 1994-95 | 24. 8.95 |
Listening Devices Act, Annual Report dated 22 August, 1995 | 12.10.95 |
Mental Health Act, Annual Report 1994/95 | 19.10.95 |
Museums and Art Galleries of the Northern Territory, Annual Report, 1994-95 | 19.10.95 |
National Road Trauma Advisory Council, Annual Report 1993-94 | 20. 6.95 |
Northern Territory Attorney-Generals Department, Annual Report 1994-95 | 19.10.95 |
Northern Territory Auditor-Generals Office, 1994-95, On the performance of the office - Annual Report, Year ended 30 June, 1995 | 19.10.95 |
Northern Territory Department of Health and Community Services, Annual Report 1994-95 | 19.10.95 |
Northern Territory Employment and Training Authority, Annual Report, 1994 | 24. 8.95 |
Northern Territory Legal Aid Commission, Annual Report 1994-95 | 19.10.95 |
Northern Territory Tourist Commission, Annual Report 1994-95 | 12.10.95 |
Northern Territory Treasury Corporation, Annual Report 1994-95 | 19.10.95 |
Northern Territory Treasury, Annual Report 1994-95 | 19.10.95 |
Office of Aboriginal Development, Annual Report, 1994-95 | 19.10.95 |
Office of Consumer Affairs and Fair Trading, Northern Territory, Annual Report 1993-94 | 12.10.95 |
Office of Courts Administration, Annual Report, 1994-95 | 19.10.95 |
Office of the Arts and Cultural Affairs, Annual Report 1993-94 | 19.10.95 |
Office of the Commissioner for Public Employment, Annual Report 1994-95 | 19.10.95 |
Power and Water Authority, Annual Report 1995 | 19.10.95 |
Public Accounts Committee, Annual Report, year ended 30 June, 1995, Report Number 23, October 1995 | 19.10.95 |
Public Accounts Committee, Report on the Auditor-Generals Annual Report, Report Number 24, October 1995 | 19.10.95 |
Statistical Supplement to the Treasurers Annual Financial Statement, for the year ended 30 June, 1995 | 18.10.95 |
Strehlow Centre Board, Annual Report 1994-95 | 12.10.95 |
Trade Development Zone Authority, Annual Report, 1994-95 | 19.10.95 |
Treasurers Annual Financial Statement, for the year ended 30 June, 1995 | 18.10.95 |
Work Health Authority and Work Health Advisory Council, Annual Report 1994-95 | 19.10.95 |
- R A SETTER
- Chairman
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- Suspension of sitting: The sitting was suspended between 12.17 p.m. and 2.30 p.m.
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- The Chairman of the Public Accounts Committee (Mr Setter) laid on the Table the following Papers -
- Second Report on the Auditor-Generals Annual Report, 1992-93, Report Number 25, dated November 1995 (Paper 2136); and
- Internal Audit in the Northern Territory Public Sector, Report Number 26, dated November 1995 (Paper 2137).
Mr Setter moved - That the reports be printed.
Question - put and passed.
Mr Setter moved - That the Assembly take note of the Papers.
Papers tabled: Mr Setter, by leave, laid on the Table the following paper.
Briefing on Auditor-Generals Annual Report, 1993, dated 8 September 1995 (Paper 2139).
On the motion of the Leader of Government Business (Mr Coulter) debate was adjourned.
- The Speaker (Mr McCarthy) drew the attention of Honourable Members to the presence in the gallery of Mrs Avril McAulay, Mr Peter McAulay and Mr Angus McAulay; and Commissioner Brian Bates of the Northern Territory Police.
On behalf of Honourable Members, the Speaker extended a warm welcome to the distinguished visitors.
12. MOTION OF CONDOLENCE - RONALD PETER McAulay, FORMER COMMISSIONER OF POLICE, NORTHERN TERRITORY:
- The Speaker advised of the death, on 14 November 1995, of Mr Ronald (Peter) McAulay, former Commissioner of the Australian Federal Police and former Commissioner of the Northern Territory Police.
The Chief Minister (Mr Stone), by leave, moved - That this Assembly expresses its deep regret at the death, on 14 November 1995, of Mr Ronald (Peter) McAulay, former Commissioner for the Australian Federal Police and former Commissioner for the Northern Territory Police, from 1978 to 1988, and places on record its appreciation of his long and meritorious service to the Northern Territory, in particular, the Northern Territory Police Force, and tenders its profound sympathy to his family.
- Debate ensued.
Question - put and passed.
- The Leader of Government Business (Mr Coulter) moved - That Government Business, Orders of the Day relating to the Second Report on The Auditor-Generals Annual Report, 1992-93 and Internal Audit in the Northern Territory Public Sector by the Public Accounts Committeebe called on forthwith.
- Question - put and passed.
- The order of the day having been read for resumption of the debate on the question - That the Assembly take note of the Papers -
- Debate ensued.
Question - put and passed.
- The Minister for Power and Water (Mr Burke) made a Statement relating the strategic plan for the sustainable development of the water resources of the Northern Territory (Paper 2138).
- Papers tabled: Mr Burke laid on the Table the following Papers -
N T Water Blueprint for Future Development, Water Resources Division, Power and Water Authority (Paper 2161);
Draft Floodplain Management Plan for Alice Springs, volume II - Appendices, dated August 1995, Gutteridge Haskins & Davey Pty Ltd (Paper 2162); and
Report on Draft Floodplain Management Plan for Alice Springs, dated August 1995, Gutteridge Haskins & Davey Pty Ltd (Paper 2163).
Mr Burke moved - That the Assembly take note of the Statement.
Debate ensued.
On the motion of the Member for Casuarina (Mr Adamson) debate was adjourned.
- The Minister for Local Government (Mr Manzie), on behalf of and at the request of the Chief Minister (Mr Stone), pursuant to notice, presented a Bill for an Act to apply certain laws of the Commonwealth relating to competition policy as laws of the Territory, and for other purposes .
- Bill read a first time.
Mr Stone moved - That the Bill be now read a second time.
On the motion of the Leader of the Opposition (Mr Ede) debate was adjourned.
16. MINING AMENDMENT BILL 1995 (Serial 128):
- The Minister for Mines and Energy (Mr Reed), pursuant to notice, presented a Bill for an Act to amend the Mining Act.
- Bill read a first time.
Mr Reed moved - That the Bill be now read a second time.
17. CRIMINAL CODE AMENDMENT BILL (No. 3) 1995 (Serial 113):
- The Attorney-General (Mr Hatton), pursuant to notice, presented a Bill for an Act to amend the Criminal Code.
- Bill read a first time.
Mr Hatton moved - That the Bill be now read a second time.
On the motion of the Leader of the Opposition (Mr Ede) debate was adjourned.
- The Attorney-General (Mr Hatton), pursuant to notice, presented a Bill for an Act to amend the Associations Incorporation Act.
- Bill read a first time.
Mr Hatton moved - That the Bill be now read a second time.
On the motion of the Leader of the Opposition (Mr Ede) debate was adjourned.
19. CRIMINAL CODE AMENDMENT BILL (No. 6) 1995 (Serial 131):
- The Attorney-General (Mr Hatton), pursuant to notice, presented a Bill for an Act to amend the Criminal Code.
- Bill read a first time.
Mr Hatton moved - That the Bill be now read a second time.
On the motion of the Member for Macdonnell (Mr Bell) debate was adjourned.
20. SENTENCING (CONSEQUENTIAL AMENDMENTS) BILL 1995 (Serial 134):
- The Attorney-General (Mr Hatton), pursuant to notice, presented a Bill for an Act to amend various Acts on the passing of the Sentencing Act 1995.
- Bill read a first time.
Mr Hatton moved - That the Bill be now read a second time.
On the motion of the Member for Macdonnell (Mr Bell) debate was adjourned.
21. SUMMARY OFFENCES AMENDMENT BILL (No. 3) 1995 (Serial 135); and STOCK ROUTES AND TRAVELLING STOCK AMENDMENT BILL 1995 (Serial 136):
- Suspension of Standing Orders - Take two Bills together: The Attorney-General (Mr Hatton) moved - That so much of Standing Orders be suspended as would prevent two Bills, namely the Summary Offences Amendment Bill (No. 3) 1995 (Serial 135) and the Stock Routes and Travelling Stock Amendment Bill 1995 (Serial 136) -
- (a) being presented and read a first time together and one motion being put in regard to, respectively, the second readings, the Committee's report stage, and the third readings of the Bills together; and
(b) the consideration of the Bills separately in the Committee of the Whole.
Question - put and passed - there being an absolute majority of the whole number of Members present and no dissentient voice.
Mr Hatton, pursuant to notice, presented a Bill for an Act to amend the Summary Offences Act; and a Bill for an Act to amend the Stock Routes and Travelling Stock Act.
- Mr Hatton moved - That the Bills be now read a second time.
On the motion of the Member for Macdonnell (Mr Bell) debate was adjourned.
22. PRIVATE SECURITY BILL 1995 (Serial 118):
- Suspension of Standing Orders - Consideration in Committee: The Attorney General (Mr Hatton) moved - That so much of Standing Orders be suspended as would prevent the Committee of the Whole in considering the Private Security Bill 1995 (Serial 118) reconsidering Clause 10, Clause 16 and Clause 56, the subject of an amendment schedule which he had circulated this day.
Question - put and passed - there being an absolute majority of the whole number of Members present and no dissentient voice.
The Assembly ,according to Order, resolved itself into Committee of the Whole for the further consideration of the Bill -
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In the Committee
(Deputy Chairman - Mr Adamson)
In the Committee
(Deputy Chairman - Mr Adamson)
- Postponed Clause 3 read and consideration the following amendment previously moved by the Attorney - General. (Mr Hatton) on Monday 28 November 1995 -
Omit from the definition of "appropriate licence" paragraphs (a) and (b) and insert in their stead the following:
Debate ensued.
Amendment agreed to.
On the motion of Mr Hatton the following further amendment was agreed to, after debate-
On the motion of Mr Hatton the following further amendment was agreed to -
"approved" means approved by the licensing authority;".
On the motion of Mr Hatton the following further amendment was agreed to -
- criminal history of a person means the persons criminal record within the meaning of the Criminal Records (Spent Convictions) Act;.
- On the motion of Mr Hatton the following further amendment was agreed to -
- "'disqualifying offence' means, in relation to a category of licence, an offence prescribed in relation to that category of licence;".
- On the motion of Mr Hatton the following further amendment was agreed to, after debate-
"'provisional licence' means -
- Clause 3, as amended, agreed to.
Reconsideration of postponed clause 8 -
On the motion of Mr Hatton the following amendment was agreed to -
Clause 8, as amended, agreed to.
Reconsideration of clause 10 -
On the motion of Mr Hatton the following amendment was agreed to -
Clause 10, as amended, agreed to.
Reconsideration of clause 16 -
On the motion of Mr Hatton the following amendment was agreed to, after debate -
Clause 16, as amended, agreed to.
Reconsideration of clause 56 -
On the motion of Mr Hatton the following amendment was agreed to, after debate -
- In the case of a body corporate - $5,000.and
Penalty: $5,000 or imprisonment for 6 months..
Clause 56, as amended, agreed to.
Title agreed to.
Bill to be reported with amendments.
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The Attorney General (Mr Hatton) moved - That the Bill be now read a third time.
Question - put and passed.
The Bill was read a third time and passed to be a proposed law.
23. SUMMARY OFFENCES AMENDMENT BILL (No. 2) 1995 (Serial 130):
- Leave denied: The Attorney - General (Mr Hatton) sought leave to move - That Government Business, Order of the Day No. 2 relating to the Summary Offences Amendment Bill (No. 2) 1995 (Serial 130) pass all stages at this sitting.
- Objection being raised - leave denied.
Question - put and passed - there being an absolute majority of the whole number of Members and no dissentient voice.
The order of the day having been read for the resumption of the debate on the question - That the Bill be now read a second time.
Debate ensued.
Question - put and passed.
Bill read a second time.
The Assembly, according to Order, resolved itself into Committee of the Whole for consideration of the Bill.
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In the Committee
(Chairman - Mr Setter)
In the Committee
(Chairman - Mr Setter)
Clauses 1 to 6, by leave, taken together and agreed to.
Clause 7 read.
The Member for Macdonnell (Mr Bell) moved the following amendment -
Omit proposed subsection (3) of section 45H and insert in its stead the following:
(3) Where a member has seized a cask, flask, bottle, can or other container under subsection (1), the member shall -
- (a) in the case where the cask, flask, bottle, can or container is opened - immediately empty it, unless the member believes that doing so would provoke or incite a disturbance or disorderly behaviour; or
(b) in the case -
- (i) where it is unopened; or
- (ii) where it is opened but the member has the belief referred to in paragraph (a),
- take the liquor, or cause it to be taken, to the police station to which the member is attached.
(3A) Liquor taken to a police station in pursuance of subsection (3) shall, as soon as practicable, be delivered to the Commission and the Commission shall destroy the liquor..
The Attorney General (Mr Hatton) moved the following amendment to the amendment -
Amendment, as amended, agreed to.
Clause 7, as amended, agreed to.
Remainder of the Bill, by leave, taken as a whole and agreed to.
Bill to be reported with amendments.
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The Speaker (Mr McCarthy) resumed the Chair; the Chairman (Mr Setter) reported accordingly; and the report was adopted.
The Attorney General (Mr Hatton) moved - That the Bill be now read a third time.
Question - put and passed.
The Bill was read a third time and passed to be a proposed law.
- Suspension of Standing Orders - Pass all stages: The Attorney - General (Mr Hatton) moved - That so much of Standing Orders be suspended as would prevent the Summary Offences Amendment Bill (No. 4) 1995 (Serial 133) passing through all stages at this sitting.
Question - put and passed - there being an absolute majority of the whole number of Members present and no dissentient voice.
The order of the day having been read for the resumption of the debate on the question - That the Bill be now read a second time -
Debate ensued.
Question - put and passed
Bill read a second time.
The Assembly, according to Order, resolved itself into Committee of the Whole for the consideration of the Bill.
_____________________________
In the Committee
(Chairman - Mr Setter)
In the Committee
(Chairman - Mr Setter)
Clauses 1 and 2, by leave, taken together and agreed to.
Clause 3 read.
The Member for Macdonnell (Mr Bell) moved the following amendment -
- Omit proposed section 75A(2) and insert in its stead the following:
Penalty: $5,000.
(2A) The owner of a dog that attacks or menaces an animal is guilty of an offence.
Penalty: $500..
Mr Bell, by leave, withdrew amendments 51.2 and 51.3 standing in his name.
On the motion of the Attorney - General (Mr Hatton) the following amendment was agreed to, after debate -
(6) Where a member of the Police Force believes, on reasonable grounds, that a dog has caused or may cause serious injury to a person or animal, the member may seize, impound or destroy the dog and for that purpose may enter onto any land (including land that is not open to or used by the public) with or without the consent of the occupier or owner, or a warrant..
Title agreed to.
Bill to be reported with an amendment.
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The Speaker (Mr McCarthy) resumed the Chair; the Chairman (Mr Setter) reported accordingly; and the report was adopted.
On the motion of the Attorney General (Mr Hatton) the Bill was read a third time and passed to be a proposed law.
25. BRANDS AMENDMENT BILL 1995 (Serial 106):
- 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.
26. ABATTOIRS AND SLAUGHTERING AMENDMENT BILL 1995 (Serial 109):
- 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.
27. SPECIAL ADJOURNMENT:
- The Deputy Chief Minister (Mr Reed) moved - That the Assembly at its rising adjourn until Tuesday 20 February 1996 at 10.00 a.m. or such other time and/or date as may be set by Mr Speaker, pursuant to Sessional Order.
- Question - put and passed.
28. ADJOURNMENT:
- The Chief Minister (Mr Stone) moved - That the Assembly do now adjourn.
- Debate ensued.
- Media Release, Minister for Health Services, dated 29 November 1995 (Paper 2164); and
Media Release, Loraine Braham, MLA, Member for Braitling, dated 30 November 1995 (Paper 2165).
Debate continued.
- Question - put and passed.
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- PAPERS;
The following Papers were deemed to have been presented on Thursday 30 November 1995:
Annual Reports:
Cobourg Peninsula Sanctuary Board, 1994-95 (Paper 2141)
Department of Education, 1994 (Paper 2144)
Department of Industries and Development, Ministry of Asian Relations and Trade, 1994-95 (Paper 2153)
Department of Sport and Recreation, 1994-95 (Paper 2154)
Department of the Legislative Assembly, 1994-95 (Paper 2160)
Jabiru Town Development Authority, 1994-95 (Paper 2145)
Legislative Assembly Members Superannuation Trust, 1994-95 (Paper 2149)
National Crime Authority, 1994-95 (Paper 2148)
Nitmiluk (Katherine Gorge) National Park, 1994-95 (Paper 2142)
Northern Territory Grants Commission, 1994-95 (Paper 2146)
Northern Territory Housing Commission, 1994-95 (Paper 2151)
Northern Territory Liquor Commission, 1994-95 (Paper 2152)
Northern Territory Police, Fire and Emergency Services, 1994-95 (Paper 2150)
Racing and Gaming Authority, Second, 1994-95 (Paper 2143)
Territory Insurance Office, 1995 (Paper 2147)
Hospital Management Boards:
Alice Springs Hospital, 1994-95 (Paper 2159)
Gove district Hospital, 1994-95 (Paper 2156)
Katherine Hospital, 1994-95 (Paper 2157)
Royal Darwin Hospital, 1994-95 (Paper 2155)
Tennant Creek Hospital, 1994-95 (Paper 2158)
Regulations, 1995:
No. 38, Amendments of Mud Crab Fishery Management Plan (Paper 2140)
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ATTENDANCE:
All Members attended the sitting except Mr Poole, on leave.
Ian McNeill
Clerk of the Legislative Assembly
Last updated: 04 Aug 2016