Minutes of Proceedings - 1994-03-03
Sixth Assembly First Session 01/03/1994 Parliamentary Record No. 25
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Date : 03/03/1994__________________________________________________________________________________
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. NOTICE:
The following notice was given:
Mr Bell: To move - That so much of Standing Orders be suspended as would prevent him moving the following motion -
That the Evidence Amendment Bill 1994 (Serial 309); the Sexual Offences (Evidence and Procedure) Amendment Bill 1994 (Serial 310);
and the Oaths Amendment Bill 1994 (Serial 311) pass all remaining stages without delay.
4. QUESTIONS:
Questions were asked of Ministers.
Paper tabled: The Minister for Lands, Housing and Local Government (Mr Hatton) laid on the Table the following Paper -
Transcript of Interview, Kevin Naughton and Squadron Leader Frank Iwanowski - Excavating of Leanyer Swamp,
8DDD Drive Time, Wednesday 2 February 1994.
Further questions were asked of Ministers.
Papers tabled: The Attorney-General (Mr Manzie) laid on the Table the following Papers -
Copy of Tenancy Agreement - Residential Premises - between Gregory Thomas Preston and Afmeco Pty Ltd; and
Copy of Tenancy Agreement - Residential Premises - between Country Wide Real Estate and Afmeco Pty Ltd.
A further question was asked of a Minister.
Paper tabled: The Member for Barkly (Mrs Hickey), by leave, laid on the Table the following Paper -
Page 2319, Debates, dated Wednesday 2 October 1991.
Further questions were asked of Ministers.
5. TOURISM INFRASTRUCTURE - MINISTERIAL STATEMENT - MOTION TO NOTE STATEMENT:
The Minister for Tourism (Mr Coulter) made a statement relating to a more appropriate investment structure for the Government's interest
in major tourism infrastructure developments.
Paper tabled: Mr Coulter laid on the Table the following Paper -
Letter, Coopers and Lybrand to Dr Neil Conn, Under Treasurer, dated 25 February 1994.
Mr Coulter moved - That the Assembly take note of the Statement.
Debate ensued.
Extension of time - leave denied: The Deputy Leader of the Opposition (Mr Bailey) sought leave to move a motion - That an extension of time be granted to
the Leader of the Opposition (Mr Ede).
Objection being raised - leave denied.
The Minister for Primary Industry and Fisheries (Mr Reed) moved - That the debate be adjourned.
Question - put.
The Assembly divided (the Speaker, Hon N.M. Dondas, in the Chair) -
AYES, 14 NOES, 10
Mr Coulter Mr Bailey
Mr Dondas Mr Bell
Mr Finch Mr Cartwright
Mr Hatton Mr Collins
Mr Manzie Mr Ede
Mr McCarthy Mrs Hickey
Mr Ortmann Mrs Padgham-Purich
Mr Palmer Mr Parish
Mr Perron Mr Rioli
Mr Poole Mr Stirling
Mr Reed
Mr Setter
Mr Stone
Mr Vale
And so it was resolved in the affirmative.
6. CENSURE OF MEMBER FOR MILLNER - DELIBERATELY MISLEADING THE ASSEMBLY:
Suspension of Standing Orders: The Chief Minister (Mr Perron) moved -
That so much of Standing Orders be suspended as would prevent him moving a motion censuring the Member for Millner (Mr Parish)
for deliberately misleading the Assembly.
Question - put and passed - there being an absolute majority of the whole number of Members present and no dissentient voice.
Mr Perron thereupon moved - That this Assembly censure the Member for Millner (Mr Parish) for deliberately misleading this House.
Paper tabled: Mr Perron laid on the Table the following Paper -
Letter, Jean-Claude Rippert, Managing Director, AFMECO Pty Ltd to "To whom it may concern", dated 23 August 1993.
Debate continued.
Papers tabled: The Attorney-General (Mr Manzie) laid on the Table the following Papers -
Hansard Verbatim Transcript ("Blue") from Tape No. 096-1,2,3,4; 097-1,2,3, dated 2 March 1994; and
Hansard Verbatim Transcript ("Blue") from Tape No. 098-1,2,3,4,5; 099-1,2, dated 2 March 1994.
Point of Order: The Member for Macdonnell (Mr Bell) raised as a point of order the appropriateness of tabling Daily Hansard Verbatim Transcripts ("Blue").
The Speaker advised Members that he would consider the propriety of omitting words indicated in the "Rushes" after he had examined the audio-visual transcript of proceedings, and advise the Assembly later this day.
Debate continued.
Question - put.
The Assembly divided (the Speaker, Hon N.M. Dondas, in the Chair) -
AYES, 14 NOES, 8
Mr Coulter Mr Bailey
Mr Dondas Mr Bell
Mr Finch Mr Cartwright
Mr Hatton Mr Collins
Mr Manzie Mr Ede
Mr McCarthy Mrs Hickey
Mr Ortmann Mr Parish
Mr Palmer Mr Stirling
Mr Perron
Mr Poole
Mr Reed
Mr Setter
Mr Stone
Mr Vale
And so it was resolved in the affirmative.
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Suspension of sitting: The sitting was suspended between 1.10 p.m. and 2.30 p.m.
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7. THE NORTHERN TERRITORY AND GLOBAL CONSERVATION ISSUES - MINISTERIAL STATEMENT - STATEMENT NOTED:
The Minister for Conservation (Mr Coulter) made a statement relating to events arising from the 19th General Assembly of the
International Union for Conservation of Nature and Natural Resources, Argentina, January 1994.
Papers tabled: Mr Coulter laid on the Table the following Papers -
Letter, Gail Lech (signed for Jessie Alderson), Gagudju Association Inc. to Hon. Barry Coulter,
Minister for Conservation, dated 25 January 1994; and
Letter, Liam Maher, Executive Officer, Djabulukgu Association Inc. to the General Assembly of IUCN, The World Conservation Union, dated 24 January 1994.
Mr Coulter moved - That the Assembly take note of the Statement.
Debate ensued.
Question - put and passed.
8. PAPER TABLED:
The Attorney-General (Mr Manzie) laid on the Table the following Paper to which he had referred during the debate on the motion censuring the
Member for Millner (Mr Parish) earlier this day -
Letter, Len Flanagan, QC, Director of Public Prosecutions of the Northern Territory to Hon. Daryl Manzie, MLA,
Attorney-General, dated 2 November 1992; and
Letter, Len Flanagan, QC, Director of Public Prosecutions (Ref: 92/3/440) to Acting Snr Sgt R Trenerry, OIC Prosecution Unit,
N.T. Police Force, dated 15 October 1992.
9. WANT OF CONFIDENCE IN THE ATTORNEY-GENERAL - MOTION NEGATIVED:
Suspension of Standing Orders: The Leader of the Opposition (Mr Ede) moved - That so much of Standing Orders be suspended as would prevent him
moving the following motion -
That this Assembly expresses its want of confidence in the Attorney-General for -
(a) bringing into this House the private file of an individual on a matter which is of no concern to the administration
of law in the Northern Territory;
(b) his reckless disclosure of the contents which is a grave precedent for the administration of justice in the
Northern Territory which can only damage the Office of the Director of Public Prosecutions of the Northern Territory; and
(c) bringing the independence of the Office of the Director of Public Prosecutions of the Northern Territory into disrepute and,
thereby, damaging the administration of law in the Northern Territory.
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 this Assembly expresses its want of confidence in the Attorney-General for -
(a) bringing into this House the private file of an individual on a matter which is of no concern to the administration
of law in the Northern Territory;
(b) his reckless disclosure of the contents which is a grave precedent for the administration of justice in the
Northern Territory and can only do damage to the Office of the Director of Public Prosecutions of the Northern Territory; and
(c) bringing the independence of the Office of the Director of Public Prosecutions of the Northern Territory into disrepute and
thereby damaging the administration of law in the Northern Territory.
Debate ensued.
The Attorney-General (Mr Manzie) 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, 14 NOES, 9
Mr Coulter Mr Bailey
Mr Dondas Mr Bell
Mr Finch Mr Cartwright
Mr Hatton Mr Ede
Mr Manzie Mrs Hickey
Mr McCarthy Mr Lanhupuy
Mr Ortmann Mr Parish
Mr Palmer Mr Rioli
Mr Perron Mr Stirling
Mr Poole
Mr Reed
Mr Setter
Mr Stone
Mr Vale
And so it was resolved in the affirmative.
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Member named and suspended: And the Member for Nhulunbuy (Mr Stirling) continuing to interject and ignoring the directions of the Chair -
The Speaker named Mr Stirling for continuing to interject after the Assembly had been called to order.
The Leader of Government Business (Mr Setter) moved - That the Member for Nhulunbuy (Mr Stirling) be suspended from the service of the Assembly.
Question - put.
The Assembly divided (the Speaker, Hon. N.M. Dondas, in the Chair) -
AYES, 14 NOES, 9
Mr Coulter Mr Bailey
Mr Dondas Mr Bell
Mr Finch Mr Cartwright
Mr Hatton Mr Ede
Mr Manzie Mrs Hickey
Mr McCarthy Mr Lanhupuy
Mr Ortmann Mr Parish
Mr Palmer Mr Rioli
Mr Perron Mr Stirling
Mr Poole
Mr Reed
Mr Setter
Mr Stone
Mr Vale
And so it was resolved in the affirmative.
The Member for Nhulunbuy (Mr Stirling) was, therefore, suspended at 3.44 p.m. for 24 hours, pursuant to Standing Order 241 and he accordingly
withdrew from the Chamber.
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Question - That the main motion, expressing a want of confidence in the Attorney-General (Mr Manzie), 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 Lanhupuy Mr Manzie
Mr Parish Mr McCarthy
Mr Rioli Mr Ortmann
Mr Palmer
Mr Perron
Mr Poole
Mr Reed
Mr Setter
Mr Stone
Mr Vale
Motion negatived accordingly.
10. N.T. PUBLIC SECTOR FORWARD ESTIMATES OF OUTLAYS, 1994-95 and 1995-96 - PAPER TABLED - MOTION TO NOTE PAPER:
The Treasurer (Mr Coulter) laid on the Table the N.T. Public Sector Forward Estimates of Outlays for 1994-95 and 1995-96.
Mr Coulter made a statement relating thereto.
Mr Coulter moved - That the Assembly take note of the Paper.
On the motion of the Leader of the Opposition (Mr Ede) debate was adjourned.
11. PROSTITUTION REGULATION ACT, REPORT ON OPERATION - PAPER TABLED - MOTION TO NOTE PAPER:
The Attorney-General (Mr Manzie) laid on the Table the Report on the Operations of the Prostitution Regulation Act.
Mr Manzie made a statement relating thereto.
Mr Manzie moved - That the Assembly take note of the Paper.
Debate ensued.
On the motion of the Member for Macdonnell (Mr Bell) debate was adjourned.
12. STATEMENT BY SPEAKER - TABLING OF EDITED VERBATIM TRANSCRIPTS:
The Speaker advised Members that he had considered the point of order raised by the Member for Macdonnell (Mr Bell) during the debate on
the censure of the Member for Millner (Mr Parish) earlier this day relating to the tabling of edited verbatim transcripts.
The Speaker advised Members in the following terms -
" It has been the practice for copies to be made available to Members on request for the purpose of checking speeches and,
accordingly, I rule that the Attorney-General is in order in tabling the documents. Further, I advise Honourable Members that I
have examined the audio-visual recording of yesterday's proceedings, the transcript of which was the subject of concern during
debate this morning.
I am satisfied that the Editor-of-Debates acted in accordance with the established rules governing the transcription of speeches in the Chamber, whereby the spoken word is converted to the written word with no unnecessary additions or omissions which would change
the meaning.
In this particular case, the words that were edited out were part of an unfinished sentence, and to add a particular word would have assumed to give the sentence a meaning which was not necessarily evident in viewing and listening to the recording of the speech.
I repeat my advice given to Honourable Members this morning that the editing of the verbatim transcript was done solely by the Editor-of-Debates.".
13. MATTER OF PUBLIC IMPORTANCE - BUDGET MISMANAGEMENT:
The Speaker informed the Assembly that the Leader of the Opposition (Mr Ede) had proposed that the following definite matter of public importance be submitted to the Assembly for discussion this day:
"the Government's budget mismanagement and its impact on Territorians."
And the proposed discussion having received the necessary support:
The Speaker called on Mr Ede to address the Assembly.
Discussion ensued.
Paper tabled: The Treasurer (Mr Coulter) laid on the Table the following Paper -
Graph - Ratio: Total Liabilities to Budget Size, Source: IPA Budget Backgrounder.
Discussion continued.
Discussion concluded.
14. PRISONS (CORRECTIONAL SERVICES) AMENDMENT BILL 1994 (Serial 324):
The Minister for Correctional Services (Mr Poole), pursuant to notice, presented a Bill for an Act to amend the Prisons (Correctional Services) Act.
Bill read a first time.
Mr Poole moved - That the Bill be now read a second time.
On the motion of the Member for Macdonnell (Mr Bell) debate was adjourned.
15. MUSEUMS AND ART GALLERIES AMENDMENT BILL 1994 (Serial 321):
The Minister for Conservation (Mr Coulter), pursuant to notice, presented a Bill for an Act to amend the Museums and Art Galleries Act.
Bill read a first time.
Mr Coulter moved - That the Bill be now read a second time.
On the motion of the Deputy Leader of the Opposition (Mr Bailey) debate was adjourned.
16. STOCK DISEASES AMENDMENT BILL 1994 (Serial 320):
The Minister for Primary Industry and Fisheries (Mr Reed), pursuant to notice, presented a Bill for an Act to amend the Stock Diseases Act.
Bill read a first time.
Mr Reed moved - That the Bill be now read a second time.
On the motion of the Member for Macdonnell (Mr Bell) debate was adjourned.
17. EDUCATION AMENDMENT BILL 1994 (Serial 323):
The Minister for Education (Mr Finch), pursuant to notice, presented a Bill for an Act to amend the Education Act.
Bill read a first time.
Mr Finch moved - That the Bill be now read a second time.
On the motion of the Deputy Leader of the Opposition (Mr Bailey) debate was adjourned.
18. MOTOR VEHICLES AMENDMENT BILL 1994 (Serial 319):
The Minister for Transport and Works (Mr Manzie), pursuant to notice, presented a Bill for an Act to amend the Motor Vehicles Act.
Bill read a first time.
Mr Manzie moved - That the Bill be now read a second time.
On the motion of the Deputy Leader of the Opposition (Mr Bailey) debate was adjourned.
19. PERSONAL EXPLANATION:
The Attorney-General (Mr Manzie), pursuant to Standing Order 54, made a personal explanation regarding comments he made during
the debate on the censure of the Member for Millner (Mr Parish) earlier this day.
20. SENTENCING BILL 1994 (Serial 325); and SENTENCING (CONSEQUENTIAL AMENDMENTS) BILL 1994 (326):
Suspension of Standing Orders - Take two Bills together: The Attorney-General (Mr Manzie) moved - That so much of Standing Orders be
suspended as would prevent two Bills, namely the Sentencing Bill 1994 (Serial 325) and the Sentencing (Consequential Amendments)
Bill 1994 (Serial 326) -
(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 Manzie presented a Bill for an Act to consolidate the law relating to the sentencing of offenders and for related purposes; and
a Bill for an Act to amend various Acts on the passing of the Sentencing Act 1994 and for related purposes.
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.
21. OFFICE OF CONSUMER AFFAIRS AND FAIR TRADING, ANNUAL REPORT 1992-93 - PAPER TABLED - PAPER PRINTED:
The Attorney-General (Mr Manzie), by leave, laid on the Table the Annual Report of the Office of Consumer Affairs and Fair Trading for the year 1992-93.
Mr Manzie moved - That the Paper be printed.
Question - put and passed.
22. DISCHARGE OF GOVERNMENT BUSINESS:
The Chief Minister (Mr Perron), by leave, moved - That the Police Administration Amendment Bill (No. 3) 1993 (Serial 303) be discharged
from the Notice Paper.
Question - put and passed.
23. CRIMINAL CODE AMENDMENT BILL (No. 3) 1993 (Serial 304); JUSTICES AMENDMENT BILL (No. 2) 1993 (Serial 305); and
POLICE ADMINISTRATION AMENDMENT BILL 1994 (Serial 322):
The Chief Minister (Mr Perron), by leave, presented a Bill for an Act to amend the Police Administration Act.
Bill read a first time.
Mr Perron moved - That the Bill be now read a second time.
Suspension of Standing Orders - Pass Police Administration Amendment Bill 1994 (Serial 322) through all stages and take three Bills together:
Mr Perron moved - That so much of Standing Orders be suspended as would prevent the Police Administration Amendment Bill 1994 (Serial 322) -
(a) passing through all stages at this sitting; and
(b) and Orders of the Day, Government Business relating to the Criminal Code Amendment Bill (No. 3) 1993 (Serial 304); and
Justices Amendment Bill (No. 2) 1993 (Serial 305) being taken together respectively, the second readings, the Committee's
report stage, and the third readings of the Bills together; and
(c) 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.
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.
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In the Committee
(Deputy Chairman - Mr Collins)
Criminal Code Amendment Bill (No. 3) 1993 (Serial 304):
Bill, by leave, taken as a whole.
On the motion of the Chief Minister (Mr Perron) the following amendment was agreed to, after debate -
Insert after clause 1:
"1A. COMMENCEMENT
"This Act shall come into operation on the commencement of the Police Administration Amendment Act 1994.".
Bill, as amended, agreed to.
Bill to be reported with an amendment.
Justices Amendment Bill (No. 2) 1993 (Serial 305):
Bill, by leave, taken as a whole.
On the motion of the Chief Minister (Mr Perron) the following amendments, by leave, were taken together and agreed to -
Insert after clause 1:
"1A. COMMENCEMENT
"This Act shall come into operation on the commencement of the Police Administration Amendment Act 1994."; and
Omit from clause 2 "189" and insert in its stead "189(1) or (2)(a)".
Bill, as amended, agreed to.
Bill to be reported with amendments.
Police Administration Amendment Bill 1994 (Serial 322):
Clauses 1 to 4, by leave, taken together and agreed to.
Clause 5 agreed to, after debate.
Clauses 6 and 7 agreed to.
Clause 8 read.
The Leader of the Opposition (Mr Ede) moved the following amendment -
Omit section 78(1) and insert in its stead the following:
"78(1) Notwithstanding anything in this or any other Act, but subject to this section, the
Commissioner may dismiss a member from the Police Force, where a member -
(a) is absent without leave exceeding 30 days; or
(b) is convicted and is under sentence of imprisonment
for one year or longer for an offence against the law
of the Commonwealth or of a State or Territory.".
Amendment negatived, after debate.
On the motion of the Chief Minister (Mr Perron) the following amendments, by leave, were taken together and agreed to -
Omit from proposed section 84 "81(2)" and insert in its stead "81(3), 82(2)";
Omit from proposed section 94(1)(c) "section 79(3)(d)(ii)" and insert in its stead "section 79(3)(d)"; and
Omit from proposed section 94(6)(b) "sections 77, 79(3)(d)(ii)" and insert in its stead "section 78, 79(3)(d)".
Clause 8, as amended, agreed to.
Clauses 9 to 12, by leave, taken together and agreed to.
Clause 13 read.
On the motion of Mr Perron the following amendment was agreed to -
Omit all words after paragraph (a) and insert in their stead the following:
"(b) by omitting paragraph (j) and substituting the following:
'(j) prescribing the powers of a prescribed member for the purposes of section 79(3)(d)(ii).'.".
Clause 13, 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 Deputy Speaker (Mr McCarthy) resumed the Chair; the Deputy Chairman (Mr Collins) reported that the Committee had considered the Bills and had agreed to -
the Criminal Code Amendment Bill (No. 3) 1993 (Serial 304) with an amendment; the Justices Amendment Bill (No. 2) 1993 (Serial 305) with amendments; and
the Police Administration Amendment Bill 1994 (Serial 322) with amendments; and the reports were adopted.
On the motion of the Chief Minister (Mr Perron) the Bills were read a third time and passed to be proposed laws.
24. VALIDATION OF TITLES AND ACTIONS BILL 1994 (Serial 306):
Suspension of Standing Orders - Pass all stages: The Chief Minister (Mr Perron) moved - That -
(a) so much of Standing Orders be suspended as would prevent the Validation of Titles and Actions Bill 1994 (Serial 306)
passing through all stages at this sitting; and
(b) consideration of the Mining Amendment Bill 1994 (Serial 315); Lands Acquisition Amendment Bill 1994 (Serial 316)
and Native Title (Consequential Amendments) Bill 1994 (Serial 317) be postponed until a later hour.
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.
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In the Committee
(Deputy Chairman - Mr Collins)
Clauses 1 to 10, by leave, taken together and agreed to.
Clause 11 read.
On the motion of the Chief Minister (Mr Perron) the following amendment was agreed to -
Omit "2 or".
Clause 11, as amended, agreed to.
Clause 12 agreed to.
Clause 13 read.
On the motion of Mr Perron the following amendment was agreed to, after debate -
Add at the end the following:
"(2) The confirmation by subsection (1) of this section does not extinguish or impair any
native title rights and interests and does not affect any conferral of land or waters, or an
interest in land or waters, under a law that confers benefits only on Aboriginal peoples or
Torres Strait Islanders.".
Clause 13, 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 Chairman (Mr McCarthy) reported accordingly; and the report was adopted.
On the motion of the Chief Minister (Mr Perron) the Bill was read a third time and passed to be a proposed law.
25. EVIDENCE AMENDMENT BILL 1994 (Serial 309); SEXUAL OFFENCES (EVIDENCE AND PROCEDURE) AMENDMENT BILL 1994 (Serial 310);
and OATHS AMENDMENT BILL 1994 (Serial 311):
Suspension of Standing Orders - Pass all stages: The Attorney-General (Mr Manzie) moved - That so much of Standing Orders be suspended as
would prevent the Evidence Amendment Bill 1994 (Serial 309); the Sexual Offences (Evidence and Procedure) Amendment Bill 1994 (Serial 310);
and the Oaths Amendment Bill 1994 (Serial 311) passing through all stages at this sitting.
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 Bills be now read a second time -
Debate ensued.
Question - put and passed.
Bills read a second time.
Leave granted for a motion for the third readings of the Bills to be moved forthwith.
On the motion of the Attorney-General (Mr Manzie) the Bills were read a third time and passed to be proposed laws.
26. CRIMINAL CODE AMENDMENT BILL 1994 (Serial 318):
Suspension of Standing Orders - Pass all stages: The Attorney-General (Mr Manzie) moved - That so much of Standing Orders be suspended as would prevent the Criminal Code Amendment Bill 1994 (Serial 318) 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.
Leave granted for a motion for the third reading of the Bill to be moved forthwith.
On the motion of the Attorney-General (Mr Manzie) the Bill was read a third time and passed to be a proposed law.
27. SPECIAL ADJOURNMENT:
The Leader of Government Business (Mr Setter) moved - That the Assembly at its rising adjourn until Tuesday 10 May 1994 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 Leader of Government Business (Mr Setter) moved - That the Assembly do now adjourn.
Debate ensued.
And the Assembly having continued to sit until 12 midnight -
FRIDAY 4 MARCH 1994 A.M
Debate continued.
Question - put and passed.
And the Assembly adjourned at 12.58 p.m. until Tuesday 10 May 1994 at 10.00 a.m. in accordance with the resolution agreed to this day or such other time and/or date as may be set by Mr Speaker, pursuant to Sessional Order.
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PAPERS:
The following Papers were deemed to have been presented on Thursday 3 March 1994:
Annual Reports:
Northern Territory Law Reform Committee, 1992-93
Northern Territory University, Statistics Report 1989-93, Planning and Statistics, \
Office of the Registrar
Financial Administration and Audit Act:
Direction of the Treasurer, pursuant to s.13(1)(b), dated 1 March 1994
Direction of the Treasurer, pursuant to s.13(1)(b), dated 28 February 1994
Direction of the Treasurer, pursuant to s.13(1)(a), Transfer of funds
saved (Office of Commissioner of Public Employment), dated 28 February 1994
Direction of the Treasurer, pursuant to s.13(1)(a), Transfer of funds saved (Department of Transport and Works), dated 28 February 1994
Direction of the Treasurer, pursuant to s.13(1)(a), Transfer of funds saved (Department of Education), dated 28 February 1994
Increase of Treasurer's Advance, pursuant to section 15(1), dated 28 February 1994
Regulations, 1994:
No. 2, Amendments of Housing Assistance Schemes Regulations
No. 3, Amendments of Dangerous Goods Regulations
Remuneration Tribunal Act:
Report and Recommendation No. 1 of 1994 - Magistrates of the Northern Territory Court.
====================
ATTENDANCE:
All Members attended the sitting.
IAN McNEILL
Clerk of the Legislative Assembly.
__________________________________________________________________________________
Date : 03/03/1994
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. NOTICE:
The following notice was given:
Mr Bell: To move - That so much of Standing Orders be suspended as would prevent him moving the following motion -
That the Evidence Amendment Bill 1994 (Serial 309); the Sexual Offences (Evidence and Procedure) Amendment Bill 1994 (Serial 310);
and the Oaths Amendment Bill 1994 (Serial 311) pass all remaining stages without delay.
4. QUESTIONS:
Questions were asked of Ministers.
Paper tabled: The Minister for Lands, Housing and Local Government (Mr Hatton) laid on the Table the following Paper -
Transcript of Interview, Kevin Naughton and Squadron Leader Frank Iwanowski - Excavating of Leanyer Swamp,
8DDD Drive Time, Wednesday 2 February 1994.
Further questions were asked of Ministers.
Papers tabled: The Attorney-General (Mr Manzie) laid on the Table the following Papers -
Copy of Tenancy Agreement - Residential Premises - between Gregory Thomas Preston and Afmeco Pty Ltd; and
Copy of Tenancy Agreement - Residential Premises - between Country Wide Real Estate and Afmeco Pty Ltd.
A further question was asked of a Minister.
Paper tabled: The Member for Barkly (Mrs Hickey), by leave, laid on the Table the following Paper -
Page 2319, Debates, dated Wednesday 2 October 1991.
Further questions were asked of Ministers.
5. TOURISM INFRASTRUCTURE - MINISTERIAL STATEMENT - MOTION TO NOTE STATEMENT:
The Minister for Tourism (Mr Coulter) made a statement relating to a more appropriate investment structure for the Government's interest
in major tourism infrastructure developments.
Paper tabled: Mr Coulter laid on the Table the following Paper -
Letter, Coopers and Lybrand to Dr Neil Conn, Under Treasurer, dated 25 February 1994.
Mr Coulter moved - That the Assembly take note of the Statement.
Debate ensued.
Extension of time - leave denied: The Deputy Leader of the Opposition (Mr Bailey) sought leave to move a motion - That an extension of time be granted to
the Leader of the Opposition (Mr Ede).
Objection being raised - leave denied.
The Minister for Primary Industry and Fisheries (Mr Reed) moved - That the debate be adjourned.
Question - put.
The Assembly divided (the Speaker, Hon N.M. Dondas, in the Chair) -
AYES, 14 NOES, 10
Mr Coulter Mr Bailey
Mr Dondas Mr Bell
Mr Finch Mr Cartwright
Mr Hatton Mr Collins
Mr Manzie Mr Ede
Mr McCarthy Mrs Hickey
Mr Ortmann Mrs Padgham-Purich
Mr Palmer Mr Parish
Mr Perron Mr Rioli
Mr Poole Mr Stirling
Mr Reed
Mr Setter
Mr Stone
Mr Vale
And so it was resolved in the affirmative.
6. CENSURE OF MEMBER FOR MILLNER - DELIBERATELY MISLEADING THE ASSEMBLY:
Suspension of Standing Orders: The Chief Minister (Mr Perron) moved -
That so much of Standing Orders be suspended as would prevent him moving a motion censuring the Member for Millner (Mr Parish)
for deliberately misleading the Assembly.
Question - put and passed - there being an absolute majority of the whole number of Members present and no dissentient voice.
Mr Perron thereupon moved - That this Assembly censure the Member for Millner (Mr Parish) for deliberately misleading this House.
Paper tabled: Mr Perron laid on the Table the following Paper -
Letter, Jean-Claude Rippert, Managing Director, AFMECO Pty Ltd to "To whom it may concern", dated 23 August 1993.
Debate continued.
Papers tabled: The Attorney-General (Mr Manzie) laid on the Table the following Papers -
Hansard Verbatim Transcript ("Blue") from Tape No. 096-1,2,3,4; 097-1,2,3, dated 2 March 1994; and
Hansard Verbatim Transcript ("Blue") from Tape No. 098-1,2,3,4,5; 099-1,2, dated 2 March 1994.
Point of Order: The Member for Macdonnell (Mr Bell) raised as a point of order the appropriateness of tabling Daily Hansard Verbatim Transcripts ("Blue").
The Speaker advised Members that he would consider the propriety of omitting words indicated in the "Rushes" after he had examined the audio-visual transcript of proceedings, and advise the Assembly later this day.
Debate continued.
Question - put.
The Assembly divided (the Speaker, Hon N.M. Dondas, in the Chair) -
AYES, 14 NOES, 8
Mr Coulter Mr Bailey
Mr Dondas Mr Bell
Mr Finch Mr Cartwright
Mr Hatton Mr Collins
Mr Manzie Mr Ede
Mr McCarthy Mrs Hickey
Mr Ortmann Mr Parish
Mr Palmer Mr Stirling
Mr Perron
Mr Poole
Mr Reed
Mr Setter
Mr Stone
Mr Vale
And so it was resolved in the affirmative.
____________________
Suspension of sitting: The sitting was suspended between 1.10 p.m. and 2.30 p.m.
____________________
7. THE NORTHERN TERRITORY AND GLOBAL CONSERVATION ISSUES - MINISTERIAL STATEMENT - STATEMENT NOTED:
The Minister for Conservation (Mr Coulter) made a statement relating to events arising from the 19th General Assembly of the
International Union for Conservation of Nature and Natural Resources, Argentina, January 1994.
Papers tabled: Mr Coulter laid on the Table the following Papers -
Letter, Gail Lech (signed for Jessie Alderson), Gagudju Association Inc. to Hon. Barry Coulter,
Minister for Conservation, dated 25 January 1994; and
Letter, Liam Maher, Executive Officer, Djabulukgu Association Inc. to the General Assembly of IUCN, The World Conservation Union, dated 24 January 1994.
Mr Coulter moved - That the Assembly take note of the Statement.
Debate ensued.
Question - put and passed.
8. PAPER TABLED:
The Attorney-General (Mr Manzie) laid on the Table the following Paper to which he had referred during the debate on the motion censuring the
Member for Millner (Mr Parish) earlier this day -
Letter, Len Flanagan, QC, Director of Public Prosecutions of the Northern Territory to Hon. Daryl Manzie, MLA,
Attorney-General, dated 2 November 1992; and
Letter, Len Flanagan, QC, Director of Public Prosecutions (Ref: 92/3/440) to Acting Snr Sgt R Trenerry, OIC Prosecution Unit,
N.T. Police Force, dated 15 October 1992.
9. WANT OF CONFIDENCE IN THE ATTORNEY-GENERAL - MOTION NEGATIVED:
Suspension of Standing Orders: The Leader of the Opposition (Mr Ede) moved - That so much of Standing Orders be suspended as would prevent him
moving the following motion -
That this Assembly expresses its want of confidence in the Attorney-General for -
(a) bringing into this House the private file of an individual on a matter which is of no concern to the administration
of law in the Northern Territory;
(b) his reckless disclosure of the contents which is a grave precedent for the administration of justice in the
Northern Territory which can only damage the Office of the Director of Public Prosecutions of the Northern Territory; and
(c) bringing the independence of the Office of the Director of Public Prosecutions of the Northern Territory into disrepute and,
thereby, damaging the administration of law in the Northern Territory.
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 this Assembly expresses its want of confidence in the Attorney-General for -
(a) bringing into this House the private file of an individual on a matter which is of no concern to the administration
of law in the Northern Territory;
(b) his reckless disclosure of the contents which is a grave precedent for the administration of justice in the
Northern Territory and can only do damage to the Office of the Director of Public Prosecutions of the Northern Territory; and
(c) bringing the independence of the Office of the Director of Public Prosecutions of the Northern Territory into disrepute and
thereby damaging the administration of law in the Northern Territory.
Debate ensued.
The Attorney-General (Mr Manzie) 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, 14 NOES, 9
Mr Coulter Mr Bailey
Mr Dondas Mr Bell
Mr Finch Mr Cartwright
Mr Hatton Mr Ede
Mr Manzie Mrs Hickey
Mr McCarthy Mr Lanhupuy
Mr Ortmann Mr Parish
Mr Palmer Mr Rioli
Mr Perron Mr Stirling
Mr Poole
Mr Reed
Mr Setter
Mr Stone
Mr Vale
And so it was resolved in the affirmative.
____________________
Member named and suspended: And the Member for Nhulunbuy (Mr Stirling) continuing to interject and ignoring the directions of the Chair -
The Speaker named Mr Stirling for continuing to interject after the Assembly had been called to order.
The Leader of Government Business (Mr Setter) moved - That the Member for Nhulunbuy (Mr Stirling) be suspended from the service of the Assembly.
Question - put.
The Assembly divided (the Speaker, Hon. N.M. Dondas, in the Chair) -
AYES, 14 NOES, 9
Mr Coulter Mr Bailey
Mr Dondas Mr Bell
Mr Finch Mr Cartwright
Mr Hatton Mr Ede
Mr Manzie Mrs Hickey
Mr McCarthy Mr Lanhupuy
Mr Ortmann Mr Parish
Mr Palmer Mr Rioli
Mr Perron Mr Stirling
Mr Poole
Mr Reed
Mr Setter
Mr Stone
Mr Vale
And so it was resolved in the affirmative.
The Member for Nhulunbuy (Mr Stirling) was, therefore, suspended at 3.44 p.m. for 24 hours, pursuant to Standing Order 241 and he accordingly
withdrew from the Chamber.
____________________
Question - That the main motion, expressing a want of confidence in the Attorney-General (Mr Manzie), 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 Lanhupuy Mr Manzie
Mr Parish Mr McCarthy
Mr Rioli Mr Ortmann
Mr Palmer
Mr Perron
Mr Poole
Mr Reed
Mr Setter
Mr Stone
Mr Vale
Motion negatived accordingly.
10. N.T. PUBLIC SECTOR FORWARD ESTIMATES OF OUTLAYS, 1994-95 and 1995-96 - PAPER TABLED - MOTION TO NOTE PAPER:
The Treasurer (Mr Coulter) laid on the Table the N.T. Public Sector Forward Estimates of Outlays for 1994-95 and 1995-96.
Mr Coulter made a statement relating thereto.
Mr Coulter moved - That the Assembly take note of the Paper.
On the motion of the Leader of the Opposition (Mr Ede) debate was adjourned.
11. PROSTITUTION REGULATION ACT, REPORT ON OPERATION - PAPER TABLED - MOTION TO NOTE PAPER:
The Attorney-General (Mr Manzie) laid on the Table the Report on the Operations of the Prostitution Regulation Act.
Mr Manzie made a statement relating thereto.
Mr Manzie moved - That the Assembly take note of the Paper.
Debate ensued.
On the motion of the Member for Macdonnell (Mr Bell) debate was adjourned.
12. STATEMENT BY SPEAKER - TABLING OF EDITED VERBATIM TRANSCRIPTS:
The Speaker advised Members that he had considered the point of order raised by the Member for Macdonnell (Mr Bell) during the debate on
the censure of the Member for Millner (Mr Parish) earlier this day relating to the tabling of edited verbatim transcripts.
The Speaker advised Members in the following terms -
" It has been the practice for copies to be made available to Members on request for the purpose of checking speeches and,
accordingly, I rule that the Attorney-General is in order in tabling the documents. Further, I advise Honourable Members that I
have examined the audio-visual recording of yesterday's proceedings, the transcript of which was the subject of concern during
debate this morning.
I am satisfied that the Editor-of-Debates acted in accordance with the established rules governing the transcription of speeches in the Chamber, whereby the spoken word is converted to the written word with no unnecessary additions or omissions which would change
the meaning.
In this particular case, the words that were edited out were part of an unfinished sentence, and to add a particular word would have assumed to give the sentence a meaning which was not necessarily evident in viewing and listening to the recording of the speech.
I repeat my advice given to Honourable Members this morning that the editing of the verbatim transcript was done solely by the Editor-of-Debates.".
13. MATTER OF PUBLIC IMPORTANCE - BUDGET MISMANAGEMENT:
The Speaker informed the Assembly that the Leader of the Opposition (Mr Ede) had proposed that the following definite matter of public importance be submitted to the Assembly for discussion this day:
"the Government's budget mismanagement and its impact on Territorians."
And the proposed discussion having received the necessary support:
The Speaker called on Mr Ede to address the Assembly.
Discussion ensued.
Paper tabled: The Treasurer (Mr Coulter) laid on the Table the following Paper -
Graph - Ratio: Total Liabilities to Budget Size, Source: IPA Budget Backgrounder.
Discussion continued.
Discussion concluded.
14. PRISONS (CORRECTIONAL SERVICES) AMENDMENT BILL 1994 (Serial 324):
The Minister for Correctional Services (Mr Poole), pursuant to notice, presented a Bill for an Act to amend the Prisons (Correctional Services) Act.
Bill read a first time.
Mr Poole moved - That the Bill be now read a second time.
On the motion of the Member for Macdonnell (Mr Bell) debate was adjourned.
15. MUSEUMS AND ART GALLERIES AMENDMENT BILL 1994 (Serial 321):
The Minister for Conservation (Mr Coulter), pursuant to notice, presented a Bill for an Act to amend the Museums and Art Galleries Act.
Bill read a first time.
Mr Coulter moved - That the Bill be now read a second time.
On the motion of the Deputy Leader of the Opposition (Mr Bailey) debate was adjourned.
16. STOCK DISEASES AMENDMENT BILL 1994 (Serial 320):
The Minister for Primary Industry and Fisheries (Mr Reed), pursuant to notice, presented a Bill for an Act to amend the Stock Diseases Act.
Bill read a first time.
Mr Reed moved - That the Bill be now read a second time.
On the motion of the Member for Macdonnell (Mr Bell) debate was adjourned.
17. EDUCATION AMENDMENT BILL 1994 (Serial 323):
The Minister for Education (Mr Finch), pursuant to notice, presented a Bill for an Act to amend the Education Act.
Bill read a first time.
Mr Finch moved - That the Bill be now read a second time.
On the motion of the Deputy Leader of the Opposition (Mr Bailey) debate was adjourned.
18. MOTOR VEHICLES AMENDMENT BILL 1994 (Serial 319):
The Minister for Transport and Works (Mr Manzie), pursuant to notice, presented a Bill for an Act to amend the Motor Vehicles Act.
Bill read a first time.
Mr Manzie moved - That the Bill be now read a second time.
On the motion of the Deputy Leader of the Opposition (Mr Bailey) debate was adjourned.
19. PERSONAL EXPLANATION:
The Attorney-General (Mr Manzie), pursuant to Standing Order 54, made a personal explanation regarding comments he made during
the debate on the censure of the Member for Millner (Mr Parish) earlier this day.
20. SENTENCING BILL 1994 (Serial 325); and SENTENCING (CONSEQUENTIAL AMENDMENTS) BILL 1994 (326):
Suspension of Standing Orders - Take two Bills together: The Attorney-General (Mr Manzie) moved - That so much of Standing Orders be
suspended as would prevent two Bills, namely the Sentencing Bill 1994 (Serial 325) and the Sentencing (Consequential Amendments)
Bill 1994 (Serial 326) -
(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 Manzie presented a Bill for an Act to consolidate the law relating to the sentencing of offenders and for related purposes; and
a Bill for an Act to amend various Acts on the passing of the Sentencing Act 1994 and for related purposes.
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.
21. OFFICE OF CONSUMER AFFAIRS AND FAIR TRADING, ANNUAL REPORT 1992-93 - PAPER TABLED - PAPER PRINTED:
The Attorney-General (Mr Manzie), by leave, laid on the Table the Annual Report of the Office of Consumer Affairs and Fair Trading for the year 1992-93.
Mr Manzie moved - That the Paper be printed.
Question - put and passed.
22. DISCHARGE OF GOVERNMENT BUSINESS:
The Chief Minister (Mr Perron), by leave, moved - That the Police Administration Amendment Bill (No. 3) 1993 (Serial 303) be discharged
from the Notice Paper.
Question - put and passed.
23. CRIMINAL CODE AMENDMENT BILL (No. 3) 1993 (Serial 304); JUSTICES AMENDMENT BILL (No. 2) 1993 (Serial 305); and
POLICE ADMINISTRATION AMENDMENT BILL 1994 (Serial 322):
The Chief Minister (Mr Perron), by leave, presented a Bill for an Act to amend the Police Administration Act.
Bill read a first time.
Mr Perron moved - That the Bill be now read a second time.
Suspension of Standing Orders - Pass Police Administration Amendment Bill 1994 (Serial 322) through all stages and take three Bills together:
Mr Perron moved - That so much of Standing Orders be suspended as would prevent the Police Administration Amendment Bill 1994 (Serial 322) -
(a) passing through all stages at this sitting; and
(b) and Orders of the Day, Government Business relating to the Criminal Code Amendment Bill (No. 3) 1993 (Serial 304); and
Justices Amendment Bill (No. 2) 1993 (Serial 305) being taken together respectively, the second readings, the Committee's
report stage, and the third readings of the Bills together; and
(c) 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.
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 Collins)
Criminal Code Amendment Bill (No. 3) 1993 (Serial 304):
Bill, by leave, taken as a whole.
On the motion of the Chief Minister (Mr Perron) the following amendment was agreed to, after debate -
Insert after clause 1:
"1A. COMMENCEMENT
"This Act shall come into operation on the commencement of the Police Administration Amendment Act 1994.".
Bill, as amended, agreed to.
Bill to be reported with an amendment.
Justices Amendment Bill (No. 2) 1993 (Serial 305):
Bill, by leave, taken as a whole.
On the motion of the Chief Minister (Mr Perron) the following amendments, by leave, were taken together and agreed to -
Insert after clause 1:
"1A. COMMENCEMENT
"This Act shall come into operation on the commencement of the Police Administration Amendment Act 1994."; and
Omit from clause 2 "189" and insert in its stead "189(1) or (2)(a)".
Bill, as amended, agreed to.
Bill to be reported with amendments.
Police Administration Amendment Bill 1994 (Serial 322):
Clauses 1 to 4, by leave, taken together and agreed to.
Clause 5 agreed to, after debate.
Clauses 6 and 7 agreed to.
Clause 8 read.
The Leader of the Opposition (Mr Ede) moved the following amendment -
Omit section 78(1) and insert in its stead the following:
"78(1) Notwithstanding anything in this or any other Act, but subject to this section, the
Commissioner may dismiss a member from the Police Force, where a member -
(a) is absent without leave exceeding 30 days; or
(b) is convicted and is under sentence of imprisonment
for one year or longer for an offence against the law
of the Commonwealth or of a State or Territory.".
Amendment negatived, after debate.
On the motion of the Chief Minister (Mr Perron) the following amendments, by leave, were taken together and agreed to -
Omit from proposed section 84 "81(2)" and insert in its stead "81(3), 82(2)";
Omit from proposed section 94(1)(c) "section 79(3)(d)(ii)" and insert in its stead "section 79(3)(d)"; and
Omit from proposed section 94(6)(b) "sections 77, 79(3)(d)(ii)" and insert in its stead "section 78, 79(3)(d)".
Clause 8, as amended, agreed to.
Clauses 9 to 12, by leave, taken together and agreed to.
Clause 13 read.
On the motion of Mr Perron the following amendment was agreed to -
Omit all words after paragraph (a) and insert in their stead the following:
"(b) by omitting paragraph (j) and substituting the following:
'(j) prescribing the powers of a prescribed member for the purposes of section 79(3)(d)(ii).'.".
Clause 13, as amended, agreed to.
Remainder of the Bill, by leave, taken as a whole and agreed to.
Bill to be reported with amendments.
____________________
The Deputy Speaker (Mr McCarthy) resumed the Chair; the Deputy Chairman (Mr Collins) reported that the Committee had considered the Bills and had agreed to -
the Criminal Code Amendment Bill (No. 3) 1993 (Serial 304) with an amendment; the Justices Amendment Bill (No. 2) 1993 (Serial 305) with amendments; and
the Police Administration Amendment Bill 1994 (Serial 322) with amendments; and the reports were adopted.
On the motion of the Chief Minister (Mr Perron) the Bills were read a third time and passed to be proposed laws.
24. VALIDATION OF TITLES AND ACTIONS BILL 1994 (Serial 306):
Suspension of Standing Orders - Pass all stages: The Chief Minister (Mr Perron) moved - That -
(a) so much of Standing Orders be suspended as would prevent the Validation of Titles and Actions Bill 1994 (Serial 306)
passing through all stages at this sitting; and
(b) consideration of the Mining Amendment Bill 1994 (Serial 315); Lands Acquisition Amendment Bill 1994 (Serial 316)
and Native Title (Consequential Amendments) Bill 1994 (Serial 317) be postponed until a later hour.
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
(Deputy Chairman - Mr Collins)
Clauses 1 to 10, by leave, taken together and agreed to.
Clause 11 read.
On the motion of the Chief Minister (Mr Perron) the following amendment was agreed to -
Omit "2 or".
Clause 11, as amended, agreed to.
Clause 12 agreed to.
Clause 13 read.
On the motion of Mr Perron the following amendment was agreed to, after debate -
Add at the end the following:
"(2) The confirmation by subsection (1) of this section does not extinguish or impair any
native title rights and interests and does not affect any conferral of land or waters, or an
interest in land or waters, under a law that confers benefits only on Aboriginal peoples or
Torres Strait Islanders.".
Clause 13, as amended, agreed to.
Title agreed to.
Bill to be reported with amendments.
____________________
The Speaker (Mr Dondas) resumed the Chair; the Chairman (Mr McCarthy) reported accordingly; and the report was adopted.
On the motion of the Chief Minister (Mr Perron) the Bill was read a third time and passed to be a proposed law.
25. EVIDENCE AMENDMENT BILL 1994 (Serial 309); SEXUAL OFFENCES (EVIDENCE AND PROCEDURE) AMENDMENT BILL 1994 (Serial 310);
and OATHS AMENDMENT BILL 1994 (Serial 311):
Suspension of Standing Orders - Pass all stages: The Attorney-General (Mr Manzie) moved - That so much of Standing Orders be suspended as
would prevent the Evidence Amendment Bill 1994 (Serial 309); the Sexual Offences (Evidence and Procedure) Amendment Bill 1994 (Serial 310);
and the Oaths Amendment Bill 1994 (Serial 311) passing through all stages at this sitting.
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 Bills be now read a second time -
Debate ensued.
Question - put and passed.
Bills read a second time.
Leave granted for a motion for the third readings of the Bills to be moved forthwith.
On the motion of the Attorney-General (Mr Manzie) the Bills were read a third time and passed to be proposed laws.
26. CRIMINAL CODE AMENDMENT BILL 1994 (Serial 318):
Suspension of Standing Orders - Pass all stages: The Attorney-General (Mr Manzie) moved - That so much of Standing Orders be suspended as would prevent the Criminal Code Amendment Bill 1994 (Serial 318) 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.
Leave granted for a motion for the third reading of the Bill to be moved forthwith.
On the motion of the Attorney-General (Mr Manzie) the Bill was read a third time and passed to be a proposed law.
27. SPECIAL ADJOURNMENT:
The Leader of Government Business (Mr Setter) moved - That the Assembly at its rising adjourn until Tuesday 10 May 1994 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 Leader of Government Business (Mr Setter) moved - That the Assembly do now adjourn.
Debate ensued.
And the Assembly having continued to sit until 12 midnight -
FRIDAY 4 MARCH 1994 A.M
Debate continued.
Question - put and passed.
And the Assembly adjourned at 12.58 p.m. until Tuesday 10 May 1994 at 10.00 a.m. in accordance with the resolution agreed to this day or such other time and/or date as may be set by Mr Speaker, pursuant to Sessional Order.
====================
PAPERS:
The following Papers were deemed to have been presented on Thursday 3 March 1994:
Annual Reports:
Northern Territory Law Reform Committee, 1992-93
Northern Territory University, Statistics Report 1989-93, Planning and Statistics, \
Office of the Registrar
Financial Administration and Audit Act:
Direction of the Treasurer, pursuant to s.13(1)(b), dated 1 March 1994
Direction of the Treasurer, pursuant to s.13(1)(b), dated 28 February 1994
Direction of the Treasurer, pursuant to s.13(1)(a), Transfer of funds
saved (Office of Commissioner of Public Employment), dated 28 February 1994
Direction of the Treasurer, pursuant to s.13(1)(a), Transfer of funds saved (Department of Transport and Works), dated 28 February 1994
Direction of the Treasurer, pursuant to s.13(1)(a), Transfer of funds saved (Department of Education), dated 28 February 1994
Increase of Treasurer's Advance, pursuant to section 15(1), dated 28 February 1994
Regulations, 1994:
No. 2, Amendments of Housing Assistance Schemes Regulations
No. 3, Amendments of Dangerous Goods Regulations
Remuneration Tribunal Act:
Report and Recommendation No. 1 of 1994 - Magistrates of the Northern Territory Court.
====================
ATTENDANCE:
All Members attended the sitting.
IAN McNEILL
Clerk of the Legislative Assembly.
Last updated: 04 Aug 2016