Minutes of Proceedings - 1991-02-12
Sixth Assembly First Session 05/02/1991 Parliamentary Record No. 2
__________________________________________________________________________________
Date : 12/02/1991__________________________________________________________________________________
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. NOTICES:
The following notices were given:
Mr Bell: To move - That -
(1) in accordance with Standing Order 251, the Attorney-General table forthwith the written Constitution and past reports of the Law Reform Committee;
(2) that all future reports of the Law Reform Committee be tabled within six sitting days of receipt thereof by the Attorney-General; and
(3) this Assembly is of the opinion that the Law Reform Committee should be placed on a statutory basis, in line with the Committee's own recommendation.
Mr Cartwright: To move -
That this Assembly requests the Northern Territory Government to -
(1) be straight forward and open with the people of the Northern Territory in its development of a rural land policy;
(2) advise and consult with all Territorians in the process of developing that policy;
(3) ensure that all information is publicly available and that draft policies are widely circulated;
(4) ensure that a process is put in place which allows Territorians to comment on that draft policy; and
(5) ensure that wishes of Territorians be taken into account before the policy is finalised and announced.
Mr Collins: To present the Planning Amendment Bill 1991 (Serial 28).
Mr Collins: To present the Criminal Law (Conditional Release of Offenders) Amendment Bill 1991 (Serial 29).
Mr Collins: To present the Education Amendment Bill 1991 (Serial 30).
Mr Collins: To present the Electoral Amendment Bill 1991 (Serial 33).
Mr Perron: To present the Remuneration Tribunal Amendment Bill 1991 (Serial 31).
Page 45
4. QUESTIONS:
Questions were asked of Ministers.
Distinguished visitor - Mrs A.D. Lawrie:
The Speaker informed the Assembly that Mrs Dawn Lawrie a former Member of the Legislative Assembly of the Northern Territory and former
Administrator of the Territory of the Cocos (Keeling) Islands was present in the gallery. The Speaker extended a warm welcome to the distinguished visitor.
Further questions were asked of Ministers.
Distinguished visitor - Mr R.A. Hanrahan:
The Speaker informed the Assembly that Mr Ray Hanrahan a former Minister and Member of the Legislative Assembly of the Northern Territory was
present in the gallery. The Speaker extended a warm welcome to the distinguished visitor.
Further questions were asked of Ministers.
5. PERSONAL EXPLANATION:
The Member for Macdonnell (Mr Bell), by leave, made a personal explanation relating to the answer given
by the Minister for Education (Mr Stone) to a question asked earlier this day.
6. NEW PARLIAMENT HOUSE - DECLARATION OF INTERIOR DESIGN STAGE - STATEMENT:
The Speaker informed the Assembly that at a meeting of the New Parliament House Committee on Thursday 7 February 1991 the Committee authorised
the commencement of the interior design stage in the construction of the New Parliament House.
7. CORONATION HILL - MINISTERIAL STATEMENT - MOTION TO NOTE STATEMENT:
The Minister for Mines and Energy (Mr Coulter) made a statement relating to mining at Coronation Hill.
Mr Coulter moved - That the Assembly take note of the Statement.
Debate ensued.
__________________
Suspension of sitting: The sitting was suspended between 12.17 p.m. and 2.30 p.m
__________________
Debate continued.
On the motion of the Minister for Lands and Housing (Mr Ortmann) debate was adjourned.
8. LOTTERIES AND GAMING AMENDMENT BILL (No. 2) 1990 (Serial 13):
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 a Committee of the Whole for the consideration of the Bill.
__________________
In the Committee
(Chairman - Mr Poole)
Bill, by leave, taken as a whole.
The Treasurer (Mr Coulter) moved the following amendment -
Page 46
Clause 5, omit from proposed section 42(2)(b) "25 April (Anzac Day) regardless of the day of the week on
which that day falls" and insert in its stead "25 April (whether or not Anzac Day is publicly celebrated on that
date)".
Amendment agreed to.
Bill, as amended, agreed to.
Bill to be reported with an amendment.
__________________
The Speaker (Mr Dondas) resumed the Chair; the Chairman (Mr Poole) reported accordingly; and the report was adopted.
On the motion of the Treasurer (Mr Coulter) the Bill was read a third time and passed to be a proposed law.
9. HOUSING AMENDMENT BILL 1990 (Serial 14):
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 Lands and Housing (Mr Ortmann) the Bill was read a third time and passed to be a proposed law.
10. BUILDING SOCIETIES AMENDMENT BILL 1990 (Serial 6):
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 Attorney-General (Mr Manzie) the Bill was read a third time and passed to be a proposed law.
11. COMMERCIAL ARBITRATION AMENDMENT BILL 1990 (Serial 3):
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 a Committee of the Whole for the consideration of the Bill.
__________________
In the Committee
(Deputy Chairman - Mr Collins)
Clauses 1 to 3, by leave, taken together and agreed to.
Clause 4 -
The Attorney-General (Mr Manzie) moved the following amendment -
Page 47
Omit all words before proposed subsection (2) and substitute the following:
"Section 4 of the Principal Act is amended -
(a) by omitting the definition of 'Supreme Court'; and
(b) by adding at the end the following:".
Amendment agreed to.
Clause 4, as amended, agreed to.
Clauses 5 to 14, by leave, taken together and agreed to.
Clause 15 -
Mr Manzie moved the following amendment - Omit proposed subsection (6A).
Amendment agreed to.
Clause 15, as amended, agreed to.
Clauses 16 to 20, by leave, taken together and agreed to.
On the motion of Mr Manzie the following new clause was added to the Bill:
"21 SAVINGS AND TRANSITIONAL
(1) Subject to this section, the amendments made by the Act apply to and in relation to an arbitration agreement, whenever made,
and an arbitration under such an agreement.
(2) The amendment made by section 9 does not apply to or in relation to arbitration proceedings commenced before the
commencement of this Act.
(3) Section 26 of the Principal Act, as in force immediately before the commencement of this Act, continues to apply to and in relation to -
(a) an order made under that section before that commencement; or
(b) an application pending under that section immediately before that commencement.".
Title agreed to.
Bill, as amended, agreed to.
Bill to be reported with amendments.
__________________
The Deputy Speaker (Mr Poole) resumed the Chair; the Deputy Chairman (Mr Collins) reported accordingly; and the report was adopted.
On the motion of the Attorney-General (Mr Manzie) the Bill was read a third time and passed to be a proposed law.
Page 48
12. BUSINESS POSTPONED:
The Leader of Government Business (Mr Coulter) moved - That Government Business, Order of the Day No. 5
relating to the Criminal Code Amendment Bill 1991 (Serial 27) and Order of the Day No. 6 relating to the
Work Health Amendment Bill 1990 (Serial 19), be postponed until the next sitting day.
Question - put and passed.
13. DOG ACT REPEAL BILL 1990 (Serial 7) and LAW REFORM (MISCELLANEOUS PROVISIONS) AMENDMENT BILL 1990 (Serial 8):
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 resumed.
Question - put and passed.
Bills read a second time.
The Assembly, according to Order, resolved itself into a Committee of the Whole for the consideration of the Bills.
__________________
In the Committee
(Chairman - Mr Poole)
Dog Act Repeal Bill 1990 (Serial 7):
Bill, by leave, taken as a whole.
The Minister for Sport, Recreation, Ethnic Affairs and Local Government (Mr Vale) moved the following amendment -
Clause 7, omit from subclause (2) "a continuous period of 3 months" and insert in its stead "a period of 3 consecutive months".
Amendment agreed to.
Bill, as amended, agreed to.
Bill to be reported with an amendment.
Law Reform (Miscellaneous Provisions) Amendment Bill 1990 (Serial 8):
Bill, by leave, taken as a whole.
Mr Vale moved the following amendment -
Clause 3, omit from proposed section 32(1) paragraph (b) and insert in its stead:
"(b) the defendant or another person, or a bird or animal belonging to the defendant, was, at the time that the dog was killed or injured,
being attacked by the dog, or the defendant believed, on reasonable grounds, that such an attack was about to take place; and".
Amendment agreed to.
Bill, as amended, agreed to.
Bill to be reported with an amendment.
__________________
The Speaker (Mr Dondas) resumed the Chair; the Chairman (Mr Poole) reported accordingly; and the reports were adopted.
On the motion of the Minister for Sport, Recreation, Ethnic Affairs and Local Government (Mr Vale) the Bills were read a third time and passed to be proposed laws.
Page 49
14. UNIT TITLES AMENDMENT BILL 1990 (Serial 1):
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 Lands and Housing (Mr Ortmann) the Bill was read a third time and passed to be a proposed law.
15. ADJOURNMENT:
The Minister for Industries and Development (Mr Hatton) moved - That the Assembly do now adjourn.
Debate ensued.
Paper tabled: The Leader of the Opposition (Mr Ede), by leave, laid on the Table the following Paper -
. Memorandum, Mr Harold Brown, Regional Environmental Health Officer to Dr J. Wakeman, Director (Rural), Department of
Health and Community Services, dated 3 December 1990.
Debate continued.
Question - put and passed.
The Assembly adjourned at 6.20 p.m. until tomorrow at 10.00 a.m.
==================
PAPERS:
The following Papers were deemed to have been presented on Tuesday 12 February 1991:
Annual Reports:
Aboriginal Areas Protection Authority, (First), 1989-90
Legislative Assembly Members' Superannuation Trust, 1989-90
Nitmiluk (Katherine Gorge) National Park, 1989-90
Northern Territory Government and Public Authorities Employers' Superannuation Trust, 1989-90
Northern Territory Government and Public Authorities Superannuation Scheme, 1989-90
Community Government Scheme:
Coomalie.
==================
ATTENDANCE:
All Members attended the sitting.
Page 50
__________________________________________________________________________________
Date : 12/02/1991
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. NOTICES:
The following notices were given:
Mr Bell: To move - That -
(1) in accordance with Standing Order 251, the Attorney-General table forthwith the written Constitution and past reports of the Law Reform Committee;
(2) that all future reports of the Law Reform Committee be tabled within six sitting days of receipt thereof by the Attorney-General; and
(3) this Assembly is of the opinion that the Law Reform Committee should be placed on a statutory basis, in line with the Committee's own recommendation.
Mr Cartwright: To move -
That this Assembly requests the Northern Territory Government to -
(1) be straight forward and open with the people of the Northern Territory in its development of a rural land policy;
(2) advise and consult with all Territorians in the process of developing that policy;
(3) ensure that all information is publicly available and that draft policies are widely circulated;
(4) ensure that a process is put in place which allows Territorians to comment on that draft policy; and
(5) ensure that wishes of Territorians be taken into account before the policy is finalised and announced.
Mr Collins: To present the Planning Amendment Bill 1991 (Serial 28).
Mr Collins: To present the Criminal Law (Conditional Release of Offenders) Amendment Bill 1991 (Serial 29).
Mr Collins: To present the Education Amendment Bill 1991 (Serial 30).
Mr Collins: To present the Electoral Amendment Bill 1991 (Serial 33).
Mr Perron: To present the Remuneration Tribunal Amendment Bill 1991 (Serial 31).
Page 45
4. QUESTIONS:
Questions were asked of Ministers.
Distinguished visitor - Mrs A.D. Lawrie:
The Speaker informed the Assembly that Mrs Dawn Lawrie a former Member of the Legislative Assembly of the Northern Territory and former
Administrator of the Territory of the Cocos (Keeling) Islands was present in the gallery. The Speaker extended a warm welcome to the distinguished visitor.
Further questions were asked of Ministers.
Distinguished visitor - Mr R.A. Hanrahan:
The Speaker informed the Assembly that Mr Ray Hanrahan a former Minister and Member of the Legislative Assembly of the Northern Territory was
present in the gallery. The Speaker extended a warm welcome to the distinguished visitor.
Further questions were asked of Ministers.
5. PERSONAL EXPLANATION:
The Member for Macdonnell (Mr Bell), by leave, made a personal explanation relating to the answer given
by the Minister for Education (Mr Stone) to a question asked earlier this day.
6. NEW PARLIAMENT HOUSE - DECLARATION OF INTERIOR DESIGN STAGE - STATEMENT:
The Speaker informed the Assembly that at a meeting of the New Parliament House Committee on Thursday 7 February 1991 the Committee authorised
the commencement of the interior design stage in the construction of the New Parliament House.
7. CORONATION HILL - MINISTERIAL STATEMENT - MOTION TO NOTE STATEMENT:
The Minister for Mines and Energy (Mr Coulter) made a statement relating to mining at Coronation Hill.
Mr Coulter moved - That the Assembly take note of the Statement.
Debate ensued.
__________________
Suspension of sitting: The sitting was suspended between 12.17 p.m. and 2.30 p.m
__________________
Debate continued.
On the motion of the Minister for Lands and Housing (Mr Ortmann) debate was adjourned.
8. LOTTERIES AND GAMING AMENDMENT BILL (No. 2) 1990 (Serial 13):
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 a Committee of the Whole for the consideration of the Bill.
__________________
In the Committee
(Chairman - Mr Poole)
Bill, by leave, taken as a whole.
The Treasurer (Mr Coulter) moved the following amendment -
Page 46
Clause 5, omit from proposed section 42(2)(b) "25 April (Anzac Day) regardless of the day of the week on
which that day falls" and insert in its stead "25 April (whether or not Anzac Day is publicly celebrated on that
date)".
Amendment agreed to.
Bill, as amended, agreed to.
Bill to be reported with an amendment.
__________________
The Speaker (Mr Dondas) resumed the Chair; the Chairman (Mr Poole) reported accordingly; and the report was adopted.
On the motion of the Treasurer (Mr Coulter) the Bill was read a third time and passed to be a proposed law.
9. HOUSING AMENDMENT BILL 1990 (Serial 14):
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 Lands and Housing (Mr Ortmann) the Bill was read a third time and passed to be a proposed law.
10. BUILDING SOCIETIES AMENDMENT BILL 1990 (Serial 6):
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 Attorney-General (Mr Manzie) the Bill was read a third time and passed to be a proposed law.
11. COMMERCIAL ARBITRATION AMENDMENT BILL 1990 (Serial 3):
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 a Committee of the Whole for the consideration of the Bill.
__________________
In the Committee
(Deputy Chairman - Mr Collins)
Clauses 1 to 3, by leave, taken together and agreed to.
Clause 4 -
The Attorney-General (Mr Manzie) moved the following amendment -
Page 47
Omit all words before proposed subsection (2) and substitute the following:
"Section 4 of the Principal Act is amended -
(a) by omitting the definition of 'Supreme Court'; and
(b) by adding at the end the following:".
Amendment agreed to.
Clause 4, as amended, agreed to.
Clauses 5 to 14, by leave, taken together and agreed to.
Clause 15 -
Mr Manzie moved the following amendment - Omit proposed subsection (6A).
Amendment agreed to.
Clause 15, as amended, agreed to.
Clauses 16 to 20, by leave, taken together and agreed to.
On the motion of Mr Manzie the following new clause was added to the Bill:
"21 SAVINGS AND TRANSITIONAL
(1) Subject to this section, the amendments made by the Act apply to and in relation to an arbitration agreement, whenever made,
and an arbitration under such an agreement.
(2) The amendment made by section 9 does not apply to or in relation to arbitration proceedings commenced before the
commencement of this Act.
(3) Section 26 of the Principal Act, as in force immediately before the commencement of this Act, continues to apply to and in relation to -
(a) an order made under that section before that commencement; or
(b) an application pending under that section immediately before that commencement.".
Title agreed to.
Bill, as amended, agreed to.
Bill to be reported with amendments.
__________________
The Deputy Speaker (Mr Poole) resumed the Chair; the Deputy Chairman (Mr Collins) reported accordingly; and the report was adopted.
On the motion of the Attorney-General (Mr Manzie) the Bill was read a third time and passed to be a proposed law.
Page 48
12. BUSINESS POSTPONED:
The Leader of Government Business (Mr Coulter) moved - That Government Business, Order of the Day No. 5
relating to the Criminal Code Amendment Bill 1991 (Serial 27) and Order of the Day No. 6 relating to the
Work Health Amendment Bill 1990 (Serial 19), be postponed until the next sitting day.
Question - put and passed.
13. DOG ACT REPEAL BILL 1990 (Serial 7) and LAW REFORM (MISCELLANEOUS PROVISIONS) AMENDMENT BILL 1990 (Serial 8):
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 resumed.
Question - put and passed.
Bills read a second time.
The Assembly, according to Order, resolved itself into a Committee of the Whole for the consideration of the Bills.
__________________
In the Committee
(Chairman - Mr Poole)
Dog Act Repeal Bill 1990 (Serial 7):
Bill, by leave, taken as a whole.
The Minister for Sport, Recreation, Ethnic Affairs and Local Government (Mr Vale) moved the following amendment -
Clause 7, omit from subclause (2) "a continuous period of 3 months" and insert in its stead "a period of 3 consecutive months".
Amendment agreed to.
Bill, as amended, agreed to.
Bill to be reported with an amendment.
Law Reform (Miscellaneous Provisions) Amendment Bill 1990 (Serial 8):
Bill, by leave, taken as a whole.
Mr Vale moved the following amendment -
Clause 3, omit from proposed section 32(1) paragraph (b) and insert in its stead:
"(b) the defendant or another person, or a bird or animal belonging to the defendant, was, at the time that the dog was killed or injured,
being attacked by the dog, or the defendant believed, on reasonable grounds, that such an attack was about to take place; and".
Amendment agreed to.
Bill, as amended, agreed to.
Bill to be reported with an amendment.
__________________
The Speaker (Mr Dondas) resumed the Chair; the Chairman (Mr Poole) reported accordingly; and the reports were adopted.
On the motion of the Minister for Sport, Recreation, Ethnic Affairs and Local Government (Mr Vale) the Bills were read a third time and passed to be proposed laws.
Page 49
14. UNIT TITLES AMENDMENT BILL 1990 (Serial 1):
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 Lands and Housing (Mr Ortmann) the Bill was read a third time and passed to be a proposed law.
15. ADJOURNMENT:
The Minister for Industries and Development (Mr Hatton) moved - That the Assembly do now adjourn.
Debate ensued.
Paper tabled: The Leader of the Opposition (Mr Ede), by leave, laid on the Table the following Paper -
. Memorandum, Mr Harold Brown, Regional Environmental Health Officer to Dr J. Wakeman, Director (Rural), Department of
Health and Community Services, dated 3 December 1990.
Debate continued.
Question - put and passed.
The Assembly adjourned at 6.20 p.m. until tomorrow at 10.00 a.m.
==================
PAPERS:
The following Papers were deemed to have been presented on Tuesday 12 February 1991:
Annual Reports:
Aboriginal Areas Protection Authority, (First), 1989-90
Legislative Assembly Members' Superannuation Trust, 1989-90
Nitmiluk (Katherine Gorge) National Park, 1989-90
Northern Territory Government and Public Authorities Employers' Superannuation Trust, 1989-90
Northern Territory Government and Public Authorities Superannuation Scheme, 1989-90
Community Government Scheme:
Coomalie.
==================
ATTENDANCE:
All Members attended the sitting.
Page 50
Last updated: 04 Aug 2016