Minutes of Proceedings - 1995-10-17
Seventh Assembly First Session 17/10/1995 Parliamentary Record No. 16
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Date : 17/10/1995__________________________________________________________________________________
1. MEETING:
2. PRAYERS.
3. VISITORS:
4. DISTINGUISHED VISITOR:
5. NOTICES:
7. PERSONAL EXPLANATION:
8. DECISION TO CEASE TERRITORY BASED CURRENT AFFAIRS PROGRAM BY THE AUSTRALIAN BROADCASTING CORPORATION - MOTION, AS AMENDED, AGREED TO:
9. TERRITORY INSURANCE OFFICE - MINISTERIAL STATEMENT - STATEMENT NOTED:
10. REQUEST FOR REFERRAL TO COMMITTEE OF PRIVILEGES - ALLEGED MISLEADING OF THE ASSEMBLY BY THE MEMBER FOR LEANYER - SPEAKERS DECISION NOT TO REFER MATTER TO COMMITTEE OF PRIVILEGES:
12. REFER RULING OF SPEAKER ON PRIVILEGE MATTER TO COMMITTEE OF PRIVILEGES - MOTION NEGATIVED:
The Assembly divided (the Speaker, Hon. T.R. McCarthy, in the Chair) -
AYES, 14 NOES, 9
Mr Adamson Mr Ah Kit
Mr Baldwin Mr Bailey
Mrs Braham Mr Bell
Mr Burke Mr Ede
Mr Coulter Mrs Hickey
Mr Finch Ms Martin
Dr Lim Mrs Padgham-Purich
Mr Manzie Mr Rioli
Mr Mitchell Mr Stirling
Mr Palmer
Mr Poole
Mr Reed
Mr Setter
Mr Stone
And so it was resolved in the affirmative.
Question - That the motion be agreed to - put.
The Assembly divided (the Speaker, Hon. T.R. McCarthy, in the Chair) -
AYES, 8 NOES, 15
Mr Ah Kit Mr Adamson
Mr Bailey Mr Baldwin
Mr Bell Mrs Braham
Mr Ede Mr Burke
Mrs Hickey Mr Coulter
Ms Martin Mr Finch
Mr Rioli Dr Lim
Mr Stirling Mr Manzie
Mr Mitchell
Mrs Padgham-Purich
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Mr Palmer
Mr Poole
Mr Reed
Mr Setter
Mr Stone
Motion negatived accordingly.
13. DRAFT MINING AMENDMENT ACT - PAPER TABLED - MOTION TO NOTE PAPER:
Mr Reed moved - That the Assembly take note of the Paper.
Debate ensued.
On the motion of the Leader of the Opposition (Mr Ede) debate was adjourned.
14. MATTER OF PUBLIC IMPORTANCE - ASSET MANAGEMENT AT THE POWER AND WATER AUTHORITY:
15. BRANDS AMENDMENT BILL 1995 (Serial 106):
16. HERITAGE ADVISORY COUNCIL, ANNUAL REPORT, 1993-94 - PAPER NOTED:
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Date : 17/10/1995
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 Year 9 students from Kormilda College and their teacher, Ms Ellie Angel.
- On behalf of Honourable Members, the Speaker extended a warm welcome to the visitors.
4. DISTINGUISHED VISITOR:
- The Speaker (Mr McCarthy) drew the attention of Honourable Members to the presence in the gallery of Mr Nick Dondas, a former Member and Speaker of the Legislative Assembly of the Northern Territory.
On behalf of Honourable Members, the Speaker extended a warm welcome to the distinguished visitor.
5. NOTICES:
- The following notices were given:
- Mr Poole: To present the Northern Territory Products Symbol Amendment Bill 1995 (Serial 114).
- Questions were asked of Ministers.
- Paper tabled: The Chief Minister (Mr Stone) laid on the Table the following Paper -
- Kenbi Land Claim Settlement Proposal with attached map (Paper 1995).
- Further questions were asked of Ministers.
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- Supplementary answers: The Minister for Asian Relations, Trade and Industry (Mr Poole) gave a supplementary answer to a question asked by the Member for Wanguri (Mr Bailey) during Question Time on Thursday 12 October 1995.
The Attorney-General (Mr Hatton) gave a supplementary answer to a question asked by the Member for Nhulunbuy (Mr Stirling) during Question Time on Thursday 12 October 1995.
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7. PERSONAL EXPLANATION:
- The Member for Arnhem (Mr Ah Kit), pursuant to Standing Order 57, made a personal explanation relating to comments made by the Member for Katherine (Mr Reed) during debate on a Matter of Public Importance on Thursday 12 October 1995.
8. DECISION TO CEASE TERRITORY BASED CURRENT AFFAIRS PROGRAM BY THE AUSTRALIAN BROADCASTING CORPORATION - MOTION, AS AMENDED, AGREED TO:
- Suspension of Standing Orders: The Leader of the Opposition (Mr Ede), by leave, moved - That so much of Standing Orders be suspended as would prevent him moving a motion in relation to the decision to axe the nightly Territory based current affairs program by the Australian Broadcasting Corporation.
Question - put and passed - there being an absolute majority of the whole number of Members present and no dissentient voice.
The Leader of the Opposition (Mr Ede) thereupon moved - That this Assembly -
- (1) conveys to the Australian Broadcasting Corporation our extreme disappointment at the decision to axe the nightly Territory based current affairs program;
(2) calls upon the Australian Broadcasting Corporation to ensure that the decision does not result in any diminution of prime time coverage for this region;
(3) assures the Australian Broadcasting Corporation of our intention to monitor the coverage provided over the next nine months and advise the public of any changes to regional content; and
(4) forward a copy of this motion to other State and Territory Parliaments who may wish to undertake similar action.
Debate ensued.
Papers tabled: The Chief Minister (Mr Stone) laid on the Table the following Papers -
Letter, Hon Mike Reed, Acting Chief Minister, to Mr Brian Johns, Managing Director, Australian Broadcasting Corporation, dated 29 September 1995 (Paper 1996);
Section 6 of the ABC Charter (Paper 1998);
ABC Principles (Paper 1997); and
Letter, Senator Grant Tambling to Mr Brian Johns, Managing Director, Australian Broadcasting Corporation, dated 4 October 1995 (Paper 1999).
The Chief Minister (Mr Stone) moved the following amendment -
Add at the end the following -
(5) calls on the Hon Michael Lee, MP, Federal Minister for Communications and the Arts and the Minister responsible for the Australian Broadcasting Corporation to note and act on our concerns; and
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(6) calls on the Federal Government to require the Australian Broadcasting Corporation to comply with the requirement of section 6 of the Australian Broadcasting Corporation Act, 1983..
Debate continued.
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- Suspension of sitting: The sitting was suspended between 12.00 noon. and 2.00 p.m.
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- Debate resumed.
Amendment agreed to.
Motion, as amended, agreed to.
9. TERRITORY INSURANCE OFFICE - MINISTERIAL STATEMENT - STATEMENT NOTED:
- The Minister for Territory Insurance (Mr Burke) made a statement relating to the Territory Insurance Office (Paper 2005).
- Mr Burke moved - That the Assembly take note of the Statement.
Debate ensued.
Question - put and passed.
10. REQUEST FOR REFERRAL TO COMMITTEE OF PRIVILEGES - ALLEGED MISLEADING OF THE ASSEMBLY BY THE MEMBER FOR LEANYER - SPEAKERS DECISION NOT TO REFER MATTER TO COMMITTEE OF PRIVILEGES:
- The Speaker advised Members that he did not intend to refer to the Committee of Privileges the alleged misleading of the Assembly by the Member for Leanyer (Mr Finch) on 13 October 1993 and 22 August 1995.
- The Speaker addressed the Assembly in the following terms:
Honourable Members will recall that on Thursday 12 October 1995, the Member for Wanguri, Mr Bailey raised, as a matter of privilege, the alleged misleading of the Assembly by the Member for Leanyer, the Honourable Fred Finch, MLA, on 13 October 1993 and 22 August 1995.
I have considered the matter and the documents tabled by Mr Bailey. While I consider that the matter raised is a new matter and is distinguished from the proposed reference resolved in the negative by the Assembly on 16 August 1995, I advise the Assembly that I do not propose for the further complaint to be referred to the Committee of Privileges, having taken into account the criteria for consideration of such matters which I announced on that day, as follows:
The principle that the Assemblys power to judge and deal with contempts should be used only where it is necessary to provide reasonable protection for the Assembly, its Committees and Members against any improper acts which would substantially obstruct or interfere with them in the exercise of their authority or performance of their functions.
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- The Speaker advised Members that he did not intend to refer to the Committee of Privileges the alleged matter of privilege raised by the Chief Minister (Mr Stone) relating to the alleged unauthorised disclosure or publication of a dissenting report of the Public Accounts Committee.
- The Speaker addressed the Assembly in the following terms:
Last Thursday evening, during debate on the motion that the Assembly do now adjourn, the Chief Minister raised as a Matter of Privilege the alleged unauthorised disclosure or publication of a dissenting report of the Public Accounts Committee.
I advise Honourable Members that I have considered the complaint raised by the Chief Minister and have made inquiries into the matter.
It has come to my attention that some people do not consider that the unauthorised publication of Committee proceedings, evidence or reports is a serious matter.
Such a contempt is an indignity to the House and could have the effect of obstructing the Assembly or a Committee in the performance of its functions.
If such a contempt were proved, I am of the opinion that the Assembly would be well advised to take exemplary action. Pursuant to section 22 of the Legislative Assembly (Powers and Privileges) Act, the following penalties apply:
- For a natural person, $5 000.00 or imprisonment for six months; or, in the case of a corporation, $25 000.00..
I have corresponded with the ABC and the Leader of the Opposition and for the information of Honourable Members, I table copies of the correspondence.
I advise the Assembly that, having taken into account the absence of any evidence of the publication of the alleged contempt and applying the criteria I described to the Assembly on Wednesday 16 August 1995, I report that I do not intend to refer the complaint raised by the Chief Minister to the Committee of Privileges.
Papers tabled: The Speaker laid on the Table the following Papers -
Letter, Mr Brian Ede, Leader of the Opposition to the Speaker of the Northern Territory Legislative Assembly, dated 16 October 1995 (Paper 2000);
Letter, Prakash Mirchandani, Head of TV News Services, ABC TV to the Speaker of the Northern Territory Legislative Assembly, dated 13 October 1995 (Paper 2001);
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Letter, Hon Terry McCarthy, MLA, Speaker of the Northern Territory Legislative Assembly to Mr J. Baker, ABC Television News, dated 12 October 1995 (Paper 2002); and
Letter, Hon Terry McCarthy, MLA to Mr Brian Ede, MLA, Leader of the Opposition, dated 16 October 1995 (Paper 2003).
12. REFER RULING OF SPEAKER ON PRIVILEGE MATTER TO COMMITTEE OF PRIVILEGES - MOTION NEGATIVED:
- The Member for Wanguri (Mr Bailey), pursuant to Standing Order 84, moved - That the matter of privilege raised by Mr Bailey relating to the alleged misleading of the Assembly by the Member for Leanyer (Mr Finch) be referred to the Committee of Privileges.
- Debate ensued.
The Assembly divided (the Speaker, Hon. T.R. McCarthy, in the Chair) -
AYES, 14 NOES, 9
Mr Adamson Mr Ah Kit
Mr Baldwin Mr Bailey
Mrs Braham Mr Bell
Mr Burke Mr Ede
Mr Coulter Mrs Hickey
Mr Finch Ms Martin
Dr Lim Mrs Padgham-Purich
Mr Manzie Mr Rioli
Mr Mitchell Mr Stirling
Mr Palmer
Mr Poole
Mr Reed
Mr Setter
Mr Stone
And so it was resolved in the affirmative.
Question - That the motion be agreed to - put.
The Assembly divided (the Speaker, Hon. T.R. McCarthy, in the Chair) -
AYES, 8 NOES, 15
Mr Ah Kit Mr Adamson
Mr Bailey Mr Baldwin
Mr Bell Mrs Braham
Mr Ede Mr Burke
Mrs Hickey Mr Coulter
Ms Martin Mr Finch
Mr Rioli Dr Lim
Mr Stirling Mr Manzie
Mr Mitchell
Mrs Padgham-Purich
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Mr Palmer
Mr Poole
Mr Reed
Mr Setter
Mr Stone
Motion negatived accordingly.
13. DRAFT MINING AMENDMENT ACT - PAPER TABLED - MOTION TO NOTE PAPER:
- The Minister for Mines and Energy (Mr Reed) made a statement relating to the proposed draft Mining Amendment Act in relation to fossicking.
- Paper tabled: Mr Reed laid on the Table the following Paper -
- Draft Bill for an Act to amend the Mining Act in relation to fossicking (Paper 2004).
Mr Reed moved - That the Assembly take note of the Paper.
Debate ensued.
On the motion of the Leader of the Opposition (Mr Ede) debate was adjourned.
14. MATTER OF PUBLIC IMPORTANCE - ASSET MANAGEMENT AT THE POWER AND WATER AUTHORITY:
- The Speaker advised Members that the Deputy Leader of the Opposition (Mrs Hickey) had proposed the following definite matter of public importance be submitted to the Assembly for discussion this day:
- the inadequate state of asset management and maintenance in the Power and Water Authority, and the implications this has for the security of Territory power and water services.
The proposed discussion having received the necessary support -
The Speaker called on Mrs Hickey to address the Assembly.
Discussion ensued.
Discussion concluded.
15. BRANDS AMENDMENT BILL 1995 (Serial 106):
- The Minister for Primary Industry and Fisheries (Mr Palmer), pursuant to notice, presented a Bill for an Act to amend the Brands Act.
- Bill read a first time.
Mr Palmer moved - That the Bill be now read a second time.
16. HERITAGE ADVISORY COUNCIL, ANNUAL REPORT, 1993-94 - PAPER NOTED:
- The order of the day having been read for the resumption of the debate on the question - That the Assembly take note of the Paper -
- Debate ensued.
Question - put and passed.
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- The Minister for Lands, Planning and Environment (Mr Reed) moved - That the Assembly do now adjourn.
- Debate ensued.
- Objection being raised - leave denied.
Question - put and passed.
And the Assembly adjourned at 8.35 p.m. until tomorrow at 10.00 a.m.
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ATTENDANCE:
All Members attended the sitting.
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Last updated: 04 Aug 2016