Department of the Legislative Assembly, Northern Territory Government

Minutes of Proceedings - 1992-05-13

Sixth Assembly First Session 12/05/1992 Parliamentary Record No. 10
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Date : 13/05/1992
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1. MEETING:
The Assembly met at 10.00 a.m., pursuant to adjournment.
The Speaker, the Honourable N.M. Dondas, took the Chair.

2. PRAYERS.

3. MESSAGE FROM THE ACTING ADMINISTRATOR:
The Speaker read the following message from the Acting Administrator:

Message No.4

I, KEITH JOHN AUSTIN ASCHE, the Acting 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 make interim provision for the appropriation of money out of the Consolidated Fund for the service of the
year ending 30 June 1993.

Dated 12 May 1992.

(Sgd) A. Asche
Acting Administrator.

4. NOTICE:
The following notice was given:
Mr Ede: To move - That -

(1) this Assembly -

(a) gives its unanimous support to the concept of fiscal equalisation as an essential component of
the Federal System; and

(b) calls upon all Australian Governments to give it their total support; and

(2) the Terms of this Resolution be conveyed to Heads of all Governments at Federal, State and Territory levels.

5. LEAVE OF ABSENCE:
The Member for Macdonnell (Mr Bell) moved - That leave of absence be granted to the Member for Arafura (Mr Tipiloura)
this day on account of ill health.
Question - put and passed.

6. QUESTIONS:
Questions were asked of Ministers.
Papers tabled: The Leader of the Opposition (Mr Ede), by leave, laid on the Table the following Papers -

Copy of Australian Securities Commission, Annual Return 1990 for Dalway Pty Ltd, dated 13 May 1992; and

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Copy of Australian Securities Commission Annual Return for 1991 for Dalway Pty Ltd, dated 28 January 1992.

Further questions were asked of Ministers.
Distinguished visitor: The Speaker drew the attention of the Assembly to the presence in the gallery of
Mr Roger Steele, a former Speaker of the Legislative Assembly of the Northern Territory.
On behalf of Members, the Speaker extended a warm welcome to the distinguished visitor.
Further questions were asked of Ministers.
A supplementary answer was given by the Chief Minister (Mr Perron) to a question asked by the Member for Nelson
(Mrs Padgham-Purich) on the previous day.

7. CONTINUED PARTICIPATION BY THE MEMBER FOR MACDONNELL ON THE SESSIONAL COMMITTEE ON USE AND ABUSE OF ALCOHOL BY THE COMMUNITY - MOTION AGREED TO:
The Chief Minister (Mr Perron), by leave, moved - That this Assembly call upon the Leader of the Opposition to review
the position of the Member for Macdonnell on the "Sessional Committee on Use and Abuse of Alcohol by the Community" as a
consequence of his advice that he is unable to participate in a bipartisan approach to the Commonwealth Government on
the issue of social security payments and alcohol abuse.
Debate ensued.
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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.
Papers tabled: The Minister for Transport and Works (Mr Finch) laid on the Table the following Papers -

"Towards Better Floodplain Management in Alice Springs", by Webb, McKeown and Associates Pty Ltd, dated April 1992; and
Response to Report by Webb, McKeown and Associates Pty Ltd, by GHD, undated.

Debate continued.
Paper tabled: The Member for Macdonnell (Mr Bell), by leave, laid on the Table the following Paper -

"Race and Electoral Strategy in the Northern Territory" by Mr Neil Bell, MLA.

Debate continued.
Mr Bell moved - That the question be now put.
Question - put and negatived.
The Deputy Leader of the Opposition (Mr Bailey) moved the following amendment -

Omit all words after "This Assembly" and insert in their stead:

"(1) is of the opinion that the Member for Macdonnell has consistently shown that he is a hard-working
member of the Sessional Committee on Use and Abuse of Alcohol;

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(2) does not believe it to be essential that Members of that Committee adopt a bipartisan and unanimous
approach to all questions when considering the programmes proposed and evidence taken; and

(3) calls for bipartisan support for the grant of a liquor licence for the Tyeweretye Social Club in
line with the unanimous recommendation of the Sessional Committee of the Legislative Assembly on
Use and Abuse of Alcohol by the Community".

The Leader of Government Business (Mr Setter) moved - That the question be now put.
Question - That the question be now put - put.
The Assembly divided (the Speaker, Hon. N.M. Dondas, in the Chair) -

AYES, 15 NOES, 8

Mr Collins Mr Bailey
Mr Coulter Mr Bell
Mr Dondas Mr Cartwright
Mr Finch Mr Ede
Mr Hatton Mrs Hickey
Mr Manzie Mr Parish
Mr McCarthy Mr Stirling
Mr Ortmann Mr Tipiloura
Mr Palmer
Mr Perron
Mr Poole
Mr Reed
Mr Setter
Mr Stone
Mr Vale

And so it was resolved in the affirmative.
Question - That the amendment be agreed to - put.
The Assembly divided (the Speaker, Hon. N.M. Dondas, in the Chair) -

AYES, 8 NOES, 15

Mr Bailey Mr Collins
Mr Bell Mr Coulter
Mr Cartwright Mr Dondas
Mr Ede Mr Finch
Mrs Hickey Mr Hatton
Mr Parish Mr Manzie
Mr Stirling Mr McCarthy
Mr Tipiloura Mr Ortmann
Mr Palmer
Mr Perron
Mr Poole
Mr Reed
Mr Setter
Mr Stone
Mr Vale

Amendment negatived accordingly.
Debate continued on main question.

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Personal explanation: Mr Bell, by leave, made a personal explanation, pursuant to Standing Order 57, relating to
remarks made previously in debate by the Minister for Education (Mr Stone).
Words not to be published in Parliamentary Record: And Mr Bell having proceeded to make a quotation which contained
highly disorderly words - the Speaker, pursuant to Standing Order 62, ruled - That the quotation be not published in the
Parliamentary Record.
Debate continued.
The Deputy Leader of the Opposition (Mr Bailey) moved -
That the Leader of Government Business (Mr Setter) be not further heard.
Question - put and negatived.
Debate continued.
Question - put and passed.

8. FINANCIAL INSTITUTIONS (NT) BILL 1992 (Serial 141); FINANCIAL INSTITUTIONS (TERRITORY SUPERVISORY AUTHORITY) BILL 1992
(Serial 142); FINANCIAL INSTITUTIONS (NT) (CONSEQUENTIAL AMENDMENTS) BILL 1992 (Serial 143); CREDIT UNIONS ACT REPEAL
BILL 1992 (Serial 144); and INTERPRETATION AMENDMENT BILL 1992 (Serial 145):
Suspension of Standing Orders: The Attorney-General (Mr Manzie) moved - That so much of Standing Orders be
suspended as would prevent five Bills, the Financial Institutions (NT) Bill 1992 (Serial 141); Financial
Institutions (Territory Supervisory Authority) Bill 1992 (Serial 142); Financial Institutions (NT) (Consequential
Amendments) Bill 1992 (Serial 143); Credit Unions Act Repeal Bill 1992 (Serial 144); and the Interpretation Amendment
Bill 1992 (Serial 145) -

(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 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 Manzie, pursuant to notice, presented a Bill for an Act to make provision for a uniform legislative scheme for
certain financial institutions, to amend certain Acts, and for related purposes; a Bill for an Act to establish the
Territory Supervisory Authority for the purposes of the financial institutions legislation and for related purposes;
a Bill for an Act to amend various Acts consequent on the passing of the Financial Institutions (NT) Act; a Bill for
an Act to repeal the Credit Unions Act; and a Bill for an Act to amend the Interpretation Act.
Bills read a first time.
Mr Manzie moved - That the Bills be now read a second time.
On the motion of the Member for Macdonnell (Mr Bell) debate was adjourned.

9. HOUSING AMENDMENT BILL 1992 (Serial 138):
The Minister for Lands and Housing (Mr Ortmann), pursuant to notice, presented a Bill for an Act to amend the Housing Act.
Bill read a first time.
Mr Ortmann moved - That the Bill be now read a second time.
On the motion of the Member for Victoria River (Mr Cartwright) debate was adjourned.

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10. SUPPLY BILL 1992-93 (Serial 140):
The Treasurer (Mr Coulter), pursuant to Standing Order 230, presented a Bill for an Act to make interim provision for
the appropriation of money out of the Consolidated Fund for the service of the year ending 30 June 1993.
Bill read a first time.
Suspension of Standing Orders - Pass All Stages: Mr Coulter moved - That so much of Standing Orders be suspended as
would prevent the Supply Bill 1992-93 (Serial 140) passing through all stages at these sittings.
Question - put and passed - there being an absolute majority of the whole number of Members present and no
dissentient voice.
Mr Coulter moved - That the Bill be now read a second time.
On the motion of the Member for Macdonnell (Mr Bell) debate was adjourned.

11. LAND AND BUSINESS AGENTS AMENDMENT BILL 1992 (Serial 136):
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 resumed.
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
(Deputy Chairman - Mr Collins)

Clauses 1 to 3, by leave, taken together and agreed to.
Clause 4 read.
On the motion of the Attorney-General (Mr Manzie) the following amendments, by leave, were taken together and
agreed to -

Insert after paragraph (c) the following:

"(ca) by omitting from subsection (3) -

(i) 'or business agent' and substituting ', business agent or conveyancing agent';

(ii) 'or business agents' and substituting ', business agents or conveyancing agents';
and

(iii) '(2)(a) or (b)' and substituting '(2)(a), (b) or (c)'.";

Insert in proposed section 5(5)(b) in paragraph (d) after "person"(first occurring) the words "(being a
licensed agent, a registered agent's representative, an employee of a licensed agent or a person who holds
himself out to be an agent)"; and

Insert in proposed section 5(6) in paragraph (d), in its appropriate alphabetical position, the following
definition:

"'agent' means a real estate agent or a business agent;".

Clause 4, as amended, agreed to.
Clause 5 read.

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On the motion of Mr Manzie the following amendment was agreed to -

Omit "or imprisonment for 10 years".

Clause 5, as amended, agreed to.
Clause 6 read.
On the motion of Mr Manzie the following amendment was agreed to -

Omit from proposed section 24(1) "20, 21 or".

Clause 6, as amended, agreed to.
Clauses 7 to 13, by leave, taken together and agreed to.
Clause 14 read.
On the motion of Mr Manzie the following amendment was agreed to -

Insert in proposed section 59(1A)(b) after "auditor" the words "or the licensed agent".

Clause 14, as amended, agreed to.
Clause 15 agreed to.
On the motion of Mr Manzie the following new clause was inserted in the Bill -

"15A. APPLICATIONS FOR DISCIPLINARY ACTION

"Section 68 of the Principal Act is amended by omitting subsection (5) and substituting the
following:

'(5) The Board may, without holding an inquiry, reject an application for disciplinary action to be
taken against a licensed agent where -

(a) the application was made under subsection (3) and is, in the opinion of the Board, of a
frivolous, irrelevant or malicious nature; or

(b) the application was made (by virtue of section 67(1)(c)) in respect of a breach of
section 59(1) and the Board is satisfied that the licensed agent has, or would have, a
defence to a prosecution for an offence against that subsection.'.".

Clause 16 read.
On the motion of Mr Manzie the following amendment was agreed to -

Omit from proposed section 95A(2) "meeting" and insert in its stead "meetings".

Clause 16, as amended, agreed to.
Clause 17 agreed to.
Clause 18 read.
On the motion of Mr Manzie the following amendments, by leave, were taken together and agreed to, after debate -

Omit from proposed section 121A(1), (2) and (3) "or 5 years imprisonment"; and

Omit from proposed section 121A(4) "or 2 years imprisonment".

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Clause 18, as amended, agreed to.
Clauses 19 to 22, by leave, taken together and agreed to.
Schedule read.
On the motion of Mr Manzie the following amendments, by leave, were taken together and agreed to -

Insert after the item relating to section 50(5) the following:

"Section 62(2) 'Subject to section 'An'
93, an' "; and

Omit from the item relating to section 108(1) "(first and second occurring)".

Schedule, as amended, agreed to.
Title agreed to.
Bill to be reported with amendments.
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The Speaker (Mr Dondas) resumed the Chair; the Deputy Chairman (Mr Collins) reported accordingly; and the report
was adopted.
On the motion of Mr Manzie the Bill was read a third time and passed to be a proposed law.

12. WATER (CONSEQUENTIAL AMENDMENTS) BILL 1992 (Serial 133):
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 resumed.
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 Transport and Works (Mr Finch) the Bill was read a third time and passed to be a
proposed law.

13. ADJOURNMENT:
The Treasurer (Mr Coulter) moved - That the Assembly do now adjourn.
Debate ensued.
Paper tabled: The Member for Greatorex (Mr Collins), by leave, laid on the Table the following Paper -

Letter, L.N. Hingley, Joint National Secretary, Finance Sector Union of Australia to Mr Lawrence F. Hoins, dated 22 July 1991.

Debate continued.
Question - put and passed.
The Assembly adjourned at 9.21 p.m. until tomorrow at 10.00 a.m.

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ATTENDANCE
All Members attnded the sitting.

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Last updated: 04 Aug 2016