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Minutes of Proceedings - 1995-11-29

Seventh Assembly First Session 28/11/1995 Parliamentary Record No. 18
__________________________________________________________________________________

Date : 29/11/1995
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1. MEETING:
    The Assembly met at 10.00 a.m., pursuant to adjournment. The Speaker, the Honourable T.R. McCarthy, took the Chair.

2. PRAYERS.

3. MESSAGE FROM THE ADMINISTRATOR:
    The Speaker advised Honourable Members that he had received the following Message from His Honour the Administrator -

    Message No. 17

    I, KEITH JOHN AUSTIN ASCHE, the Administrator of the Northern Territory of Australia, advise the Legislative Assembly that, pursuant to section 7 of the Northern Territory (Self-Government) Act 1978, of the Commonwealth, declare that I have given my assent to the following proposed laws:

    13 October 1995:
      Statute Law Revision Act (No. 2) 1995

    15 November 1995:
      Conservation Commission Amendment Act 1995
      Gaming Control Amendment Act (No. 2) 1995
      Northern Territory Products Symbol Amendment Act 1995
      Parks and Wildlife Commission (Consequential Amendments) Act 1995
      Racing and Betting Amendment Act (No. 2) 1995
      Stamp Duty Amendment Act (No. 2) 1995
      Taxation (Administration) Amendment Act 1995

    Dated 22nd day of November, 1995.
(Sgd) AUSTIN ASCHE
Administrator.
    (Paper 2110).

4. PETITION:
    The Member for Katherine (Mr Reed), by leave, presented a petition, not conforming with Standing Orders, from 431 petitioners requesting the Assembly introduce controlled crocodile culling in human inhabited areas (Paper 2114).
      Petition read.


5. NOTICES:
    The following notices were given:
      Mr Stone: To present the Competition Policy Reform (Northern Territory) Bill 1995 (Serial 122).
      Mr Reed: To present the Mining Amendment Bill 1995 (Serial 128).
      Mr Hatton: To present the Criminal Code Amendment Bill (No. 3) 1995 (Serial 113).
      Mr Hatton: To present the Associations Incorporation Amendment Bill (No. 2) 1995 (Serial 129).
      Mr Hatton: To present the Summary Offences Amendment Bill (No. 2) 1995 (Serial 130).
      Mr Hatton: To present the Criminal Code Amendment Bill (No. 6) 1995 (Serial 131).
      Mr Hatton: To present the Summary Offences Amendment Bill (No. 4) 1995 (Serial 133).
      Mr Hatton: To present the Sentencing (Consequential Amendments) Bill 1995 (Serial 134).
      Mr Hatton: To present the Summary Offences Amendment Bill (No. 3) 1995 (Serial 135).
      Mr Hatton: To present the Stock Routes and Travelling Stock Amendment Bill 1995 (Serial 136).
6. QUESTIONS:
    A Question was asked of a Minister.
      Paper tabled: The Chief Minister (Mr Stone) laid on the Table the following Paper -

      Letter, Marshall Perron, MLA, Chief Minister to Mr Neil Bell, MLA, Member for Macdonnell, dated 21 November 1994 (Paper 2111).

      Further questions were asked of Ministers.
    Supplementary answers: The Chief Minister (Mr Stone) gave a supplementary answer to a question asked by the Leader of the Opposition (Mr Ede) this day.
    The Minister for Education and Training (Mr Hatton) gave a supplementary answer to questions asked by the Deputy Leader of the Opposition (Mrs Hickey) and the Member for Wanguri (Mr Bailey) yesterday.
    The Minister for Public Employment (Mr Finch) gave a supplementary answer to a question asked by the Member for Nhulunbuy (Mr Stirling) during the adjournment debate last night.
    Paper tabled: Mr Finch laid on the Table the following Paper -
      Letter, Mr Syd Stirling, MLA, to Hon Fred Finch, MLA, Minister for Public Employment, dated 27 October 1995 (Paper 2112).
8. PERSONAL EXPLANATION:
    The Member for Wanguri (Mr Bailey), pursuant to Standing Order 57, made a personal explanation relating to comments made by the Minister for Education and Training (Mr Hatton) regarding statements in the Auditor-Generals Report 1994 - 95 relating to the purchase of wheelchairs.
    Paper tabled: The Member for Wanguri (Mr Bailey), by leave, laid on the Table the following Paper -
      Facsimile, Iain Summers, Northern Territory Auditor-Generals Office to James Baker, ABC TV News, dated 25 October 1995 (Paper 2113).
9. TOMMYCUT CREEK BARRAGE - REFERENCE TO ENVIRONMENT COMMITTEE - MOTION NEGATIVED:
    The Member for Fannie Bay (Ms Martin), by leave, moved - That -
        (1) this Assembly refers to the Sessional Committee on the Environment the matter of the failed attempt to build the barrage across Tommycut Creek, in particular the Committee be empowered to investigate:
        (a) why the original bipartisan recommendations for controlling saltwater intrusion along Tommycut Creek were ignored;
        (b) what advice was sought, what processes were followed and what actions were undertaken that lead to the attempt to build a barrage across Tommycut Creek and why this attempt failed; and

        (c) what action can be taken to get the Governments environmental management processes in the Mary River Region back on track as soon as possible; and

        (2) the Committee report to the Assembly before 27 February 1996.

      Debate ensued.
    The Minister for Lands, Planning and Environment (Mr Reed) moved - That the question be now put.
Question - That the question be now put - put.

The Assembly divided (the Speaker, Hon. T.R. McCarthy, in the Chair) -

AYES, 13 NOES, 8

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
Mr Hatton Mr Rioli
Dr Lim Mr Stirling
Mr Manzie
Mr Mitchell
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, 13

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 Mr Hatton
Mr Stirling Dr Lim
Mr Manzie
Mr Mitchell
Mr Reed
Mr Setter
Mr Stone

Motion negatived accordingly.
____________________
      Suspension of sitting: The sitting was suspended between 12.17 p.m. and 2.15 p.m.
____________________


10. PUBLIC DRUNKENNESS IN CENTRAL AUSTRALIA - REFERENCE TO SESSIONAL COMMITTEE ON THE USE AND ABUSE OF ALCOHOL IN THE COMMUNITY - MOTION, AS AMENDED, AGREED TO:
    Leave denied: The Leader of the Opposition (Mr Ede) sought leave to move a motion referring a matter to the Sessional Committee on the Use and Abuse of Alcohol.
      Objection being raised - leave not granted.
    Suspension of Standing Orders - Move a motion: The Leader of the Opposition (Mr Ede) moved - That so much of Standing Orders be suspended as would prevent him moving a motion to refer a matter to the Sessional Committee on the Use and Abuse of Alcohol by the Community.
    Question - put and passed - there being an absolute majority of the whole number of Members present and no dissentient voice.
    Mr Ede thereupon moved - That -
        (1) this Assembly refers to the Sessional Committee on the Use and Abuse of Alcohol by the Community, for its inquiry and report, the continuing disruption to community life in Central Australia associated with a high level of public drunkenness, in particular:
        (a) investigate the patterns of consumption of alcohol and the reasons that underlie those patterns;

        (b) investigate and examine community initiatives to ameliorate the effects of anti-social behaviour associated with alcohol;

        (c) report on the likely efficacy of initiatives put forward and the resources required for their successful implementation; and

        (d) invite public comment on the Chief Ministers proposals to change the law in relation to alcohol seized, pursuant to the two kilometre law; and
        (2) the Committee report to the Assembly before 14 May 1996.
      Debate ensued.
    The Minister for Health Services (Mr Finch) moved the following amendment to the motion -

    Omit all words after That and insert in their stead the following:
        (1) this Assembly refers to the Sessional Committee on the Use and Abuse of Alcohol by the Community, for its inquiry and report, the continuing disruption to community life in Central Australia associated with a high level of public drunkenness, in particular:
        (a) investigate the patterns of visitation, consumption of alcohol by non Alice Springs residents and the reasons that underlie those patterns, eg reported drunkard behaviour from 24 to 27 November 1995;

        (b) investigate and examine community initiatives to ameliorate the effects of anti-social behaviour associated with alcohol abuse by visitors to town; and

        (c) examine the impact of dry areas on urban communities; and
    (2) the Committee report to the Assembly before 14 May 1996.

      Mr Finch moved - That the question be now put.
    Question - That the question be now put - put.

    The Assembly divided (the Speaker, Hon. T.R. McCarthy, in the Chair) -

    AYES, 14 NOES, 8

    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
    Mr Hatton Mr Rioli
    Dr Lim Mr Stirling
    Mr Manzie
    Mr Mitchell
    Mr Palmer
    Mr Reed
    Mr Setter
    Mr Stone

    And so it was resolved in the affirmative.
    Question - That the amendment be agreed to - put and passed.
    Question - That the motion, as amended, be agreed to - put and passed.
11. INQUIRY INTO THE NYIRRIPI DISTURBANCES, NOVEMBER 1994 - PAPER TABLED - PAPER, AS AMENDED, PRINTED - MOTION TO NOTE PAPER:
    The Chairman of the Sessional Committee on the Use and Abuse of Alcohol by the Community (Mr Finch) laid on the Table Report Number 6, Inquiry into the Nyirripi Disturbances, November 1994 (Paper 2115).
      Mr Finch made a statement relating thereto.
      Mr Finch moved - That the report be printed.
      Debate ensued.
    The Leader of the Opposition (Mr Ede), by leave, moved - That the report be printed with the insertion of even numbered pages of the attachment relating to police evidence.
    Question - put and passed.
    Question - That the report be printed - put and passed.
      Mr Finch moved - That the Assembly take note of the report.
      Debate ensued.
      On the motion of the Member for Wanguri (Mr Bailey) debate was adjourned.

12. EFFECT OF THE HIGH COURT DECISION IN TEOH - MINISTERIAL STATEMENT - STATEMENT NOTED:
    The Attorney General (Mr Hatton) made a statement relating to the High Court decision on 7 April 1995 in Minister of State for Immigration and Ethnic Affairs v Ah Hin Teoh; and on the subject of treaties in general (Paper 2116).
      Mr Hatton moved - That the Assembly take note of the statement.
      Debate ensued.
    Paper tabled: The Member for Macdonnell (Mr Bell), by leave, laid on the Table the following Paper -
      Trick or Treaty? Commonwealth Power to Make and Implement Treaties, Report by the Senate Legal and Constitutional References Committee, dated November 1995 (Paper 2117).

      Debate continued.
      The Member for Macdonnell (Mr Bell) moved the following amendment -

      Add at the end the following -
        and that this Assembly expresses its concern that the Attorney - General has failed to fully inform the Assembly of the comprehensive Commonwealth response to the decision in Minister for State for Immigration and Ethnic Affairs v Teoh..

      Mr Hatton moved - That the question be now put.
Question - That the question be now put - put.

The Assembly divided (the Speaker, Hon. T.R. McCarthy, in the Chair) -

AYES, 15 NOES, 7

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
Mr Hatton Mr Stirling
Dr Lim
Mr Manzie
Mr Mitchell
Mrs Padgham-Purich
Mr Palmer
Mr Reed
Mr Setter
Mr Stone

And so it was resolved in the affirmative.
Question - That the amendment be agreed to - put.

The Assembly divided (the Speaker, Hon. T.R. McCarthy, in the Chair) -

AYES, 7 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 Stirling Mr Hatton
Dr Lim
Mr Manzie
Mr Mitchell
Mrs Padgham-Purich
Mr Palmer
Mr Reed
Mr Setter
Mr Stone

Amendment negatived accordingly.
Question - That the Assembly take note of the Statement - put.
Debate ensued.
Question - put and passed.

13. DRAFT FIRE AND EMERGENCY BILL 1995 - PAPER TABLED - MOTION TO NOTE PAPER:
    The Chief Minister (Mr Stone) laid on the Table a proposed Fire and Emergency Bill 1995 (Paper 2129).
      Mr Stone moved - That the Assembly take note of the Paper.
      On the motion of the Leader of the Opposition (Mr Ede) debate was adjourned.
14. CRIMINAL CODE AMENDMENT BILL (No. 5) 1995 (Serial 123):
    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 Deputy Leader of the Opposition (Mrs Hickey) debate was adjourned.

15. MISUSE OF DRUGS AMENDMENT BILL 1995 (Serial 124):
    The Attorney-General (Mr Hatton), pursuant to notice, presented a Bill for an Act to amend the Misuse of Drugs Act.
      Bill read a first time.
      Mr Hatton moved - That the Bill be now read a second time.
    On the motion of the Deputy Leader of the Opposition (Mrs Hickey) debate was adjourned.

16. STATUS OF CHILDREN AMENDMENT BILL 1995 (Serial 125):
    The Attorney-General (Mr Hatton), pursuant to notice, presented a Bill for an Act to amend the Status of Children Act.
      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.

17. CONSUMER AFFAIRS AND FAIR TRADING AMENDMENT BILL 1995 (Serial 126):
    The Attorney-General (Mr Hatton), pursuant to notice, presented a Bill for an Act to amend the Consumer Affairs and Fair Trading Act, to provide for certain matters incidental to the Consumer Credit Code, to regulate credit providers, to make provisions relating to certain travel agents, to repeal certain Acts, and for related purposes.
      Bill read a first time.
      Mr Hatton moved - That the Bill be now read a second time.
    On the motion of the Member for Wanguri (Mr Bailey) debate was adjourned.
    18. TRUSTEE (CONSEQUENTIAL AMENDMENTS) BILL 1995 (Serial 127):
      The Attorney-General (Mr Hatton), pursuant to notice, presented a Bill for an Act to amend various Acts on the passing of the Trustee Amendment Act (No. 2) 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 Wanguri (Mr Bailey) debate was adjourned.

    19. SUMMARY OFFENCES AMENDMENT BILL (No. 2) 1995 (Serial 130):
      The Attorney-General (Mr Hatton), by leave, presented a Bill for an Act to amend the Summary Offences Act.
        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. SUMMARY OFFENCES AMENDMENT BILL (No. 4) 1995 (Serial 133):
      The Attorney-General (Mr Hatton), by leave, presented a Bill for an Act to amend the Summary Offences Act.
        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. CRIMINAL CODE AMENDMENT BILL (No. 2) 1995 (Serial 107); and COMMUNITY WELFARE AMENDMENT BILL 1995 (Serial 108):
      The order of the day having been read for the resumption of the debate on the question - That the Bills be now read a second time -
        Debate ensued.
        Question - put and passed.
        Bills read a second time.
      The Assembly according to Order, resolved itself into Committee of the Whole for the consideration of the Bills.
    _______________________________

    In the Committee
    (Deputy Chairman - Mr Adamson)
        Criminal Code Amendment Bill (No. 2) 1995 (Serial 107):

        Clauses 1 and 2, by leave, taken together and agreed to.
        Clause 3 read.
        Debate ensued.
      Clause 3 agreed to.
      Remainder of the Bill, by leave, taken together and agreed to.
      Bill to be reported without amendment.

      Community Welfare Amendment Bill 1995 (Serial 108):

      Bill, by leave, taken as a whole and agreed to.
      Bill to be reported without amendment.
      ____________________________

      The Deputy Speaker (Mr Setter) resumed the Chair; the Deputy Chairman (Mr Adamson) reported accordingly; and reports were adopted.
      The Attorney General (Mr Hatton) moved - That the Bills be now read a third time.
      Debate ensued.
      Question - put and passed.
      The Bills were read a third time and passed to be proposed laws.
    22. LOCAL GOVERNMENT AMENDMENT BILL (No. 2) 1995 (Serial 132):
      Suspension of Standing Orders - Pass all stages: The Minister for Local Government (Mr Manzie) moved - That so much of Standing Orders be suspended as would prevent the Local Government Amendment Bill (No. 2) 1995 (Serial 132) passing through all stages at this sittings.
        Debate ensued.
      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.
      Paper tabled: The Member for Arnhem (Mr Ah Kit), by leave, laid on the Table the following Paper -
        Article, New power to kill dangerous dogs, Northern Territory News, dated 29 November 1995 (Paper 2131).

        Debate continued.
        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 Local Government (Mr Manzie) the Bill was read a third time and passed to be a proposed law.

    23. TREASURERS ANNUAL FINANCIAL STATEMENT - 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 resumed.
        Question - put and passed.
    24. REMUNERATION TRIBUNAL DETERMINATION - REPORT AND DETERMINATION NO. 1 OF 1995 - MINISTERS AND MEMBERS OF THE NORTHERN TERRITORY LEGISLATIVE ASSEMBLY - 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 resumed.
        Question - put and passed.

    25. ADJOURNMENT:
      The Leader of Government Business (Mr Coulter) moved - That the Assembly do now adjourn.
        Debate ensued.
        And the Assembly having continued to sit until 12 midnight -
        THURSDAY 30 NOVEMBER 1995, A.M.
        Debate continued.
        Question - put and passed.
        And the Assembly adjourned at 12.53 a.m. until today at 10.00 a.m.
    _____________________________________

      PAPERS:
      The following Papers were deemed to have been presented on Wednesday 29 November 1995:
        Annual Reports:
        Aboriginal Areas Protection Authority, 1994-95 (Paper 2120)
        Darwin Port Authority, 1994-95 (Paper 2126)
        Department of Primary Industries and Fisheries, 1994-95 (Paper 2122)
        Department of Transport and Works, 1994-95 (Paper 2125)
        Northern Territory Government Conditions of Service Trust, 1994-95 (Paper 2119)
        Northern Territory Government and Public Authorities Superannuation Scheme, 1994-95 (Paper 2118)
        Northern Territory Open College of TAFE, 1994 (Paper 2124)
        Office of the Valuer-General, Northern Territory, 1994-95 (Paper 2121)
        Road Safety Council of the Northern Territory, 1994-95 (Paper 2123)
        Surveyors Board of the Northern Territory, 1994-95 (Paper 2117)
        Financial Statement:
        Northern Territory Treasury, NCOM, 1994-95 (Paper 2127)
        ___________________________________

        ATTENDANCE:
        All Members attended the sitting except Mr Poole, on leave.

        Ian McNeill
        Clerk of the Legislative Assembly
    Last updated: 04 Aug 2016
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