Minutes of Proceedings - 1992-02-26
Sixth Assembly First Session 25/02/1992 Parliamentary Record No. 8
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Date : 26/02/1992__________________________________________________________________________________
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. PETITION:
Mrs Hickey presented a petition from 633 citizens of the Northern Territory relating to the relocation of two Transport Inspector
positions from Tennant Creek to Alice Springs.
Petition read.
4. NOTICES:
The following notices were given:
Mr Ortmann: To present the Work Health Amendment Act (No.2) 1991 Amendment Bill 1992 (Serial 128).
Mr Finch: To present the Motor Vehicles Amendment Bill 1992 (Serial 126).
Mr Bailey: To move - That -
(1) a committee to be known as the Sessional Committee on Juvenile Crime be appointed and that members be appointed
to the committee by subsequent resolution;
(2) the committee be empowered, unless otherwise ordered, to inquire into and from time to time report on:
(a) current trends in juvenile crime in the Northern Territory including, as far as possible, patterns
based on regions, age, sex, other demographic characteristics and ethnic factors;
(b) the social and economic consequences of current crime patterns with special reference to the well-being of
individuals and communities and to the demands placed upon Government and Non-Government services;
(c) the services currently available within the Northern Territory by both Government and Non-Government
agencies to deal with issues directly or indirectly related to juvenile crime;
(d) factors which directly affect the level and nature of juvenile crime in the Northern Territory community or
parts of that community; and
(e) appropriate policies and services for the prevention, punishment and rehabilitation of juvenile crime in
the Northern Territory;
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(3) the Committee be empowered to send for persons, papers and records; to sit in public or in private session
notwithstanding any adjournment of the Assembly; to adjourn from place to place; and have leave to report
from time to time and to report its proceedings and evidence taken and make such interim recommendations
as it may deem fit; and to publish information pertaining to its activities from time to time: the Committee shall
make an annual report to the Assembly of its activities;
(4) the Committee be empowered to publish from day to day such papers and evidence as may be ordered by it
and, unless otherwise ordered by the Committee, a daily Hansard be published of such proceedings as take
place in public; and
(5) the foregoing provisions of this resolution, so far as they are inconsistent with the Standing Orders, have effect
notwithstanding anything contained in the Standing Orders.
5. QUESTIONS:
Questions were asked of Ministers.
6. ABORIGINAL ESSENTIAL SERVICES - MINISTERIAL STATEMENT - STATEMENT NOTED:
The Minister for Transport and Works (Mr Finch) made a statement relating to the provision of essential services to
Aboriginal Communities.
Paper tabled: Mr Finch laid on the Table the following Paper -
. Letter, Mr Mark Burslem, Co-ordinator, Central Land Council to Hon. F.A. Finch, MLA, Minister for Transport and
Works, dated 19 February 1992.
Mr Finch moved - That the Assembly take note of the Statement.
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Suspension of sitting: The sitting was suspended between 11.53 a.m. and 2.00 p.m.
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Debate ensued.
Papers tabled: The Member for Macdonnell (Mr Bell), by leave, laid on the Table the following Papers -
. Letter, Mr C.J. Wright, Corporate Services Superintendent, Power and Water Authority to the President,
Wallace Rockhole Community Government Council, dated 10 May 1991;
. Letter, Mr C.R. Rye, Chairman, Commonwealth Grants Commission to Mr G.J. Crough, Visiting Research
Fellow, Australian National University, dated 28 August 1991;
. Letter, Mr G.J. Crough, Visiting Research Fellow, Australian National University, to Hon F.A. Finch, MLA,
Minister for Transport and Works, dated 5 December 1991;
. Letter, Mr Allan White, Ministerial Officer, Office of the Minister for Transport and Works to Mr Greg Crough,
Visiting Research Fellow, Australian National University, dated 10 December 1991; and
. Letter, Mr G.J. Crough, Senior Research Fellow, Australian National University, to Hon F.A. Finch, MLA,
Minister for Transport and Works, dated 20 February 1992.
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Debate continued.
Question - put and passed.
7. VOCATIONAL EDUCATION AND TRAINING - MINISTERIAL STATEMENT - STATEMENT NOTED:
The Minister for Education and Training (Mr Stone) made a statement relating to the Northern Territory Government's
policies on vocational education and training.
Mr Stone moved - That the Assembly take note of the Statement.
Debate ensued.
Question - put and passed.
8. PROSTITUTION REGULATION BILL 1991 (Serial 114); CRIMINAL CODE AMENDMENT BILL (No.3) 1991 (Serial 115);
and SUMMARY OFFENCES AMENDMENT BILL 1991 (Serial 116):
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.
Paper tabled: The Member for Macdonnell (Mr Bell), by leave, laid on the Table the following Paper -
. Newspaper advertisements "Adult Entertainment", dated February 1992.
Debate continued.
Papers tabled: The Attorney-General (Mr Manzie) laid on the Table the following Papers -
. Community Consultation for the Development of the Prostitution Regulation Bill 1991;
. Northern Territory Law Reform Committee - Comment on the Prostitution Regulation Bill, dated 12 November 1991;
. Northern Territory Law Reform Committee - Prostitution Regulation Bill 1991, dated 20 December 1991; and
. Media Release, N.T. Government to legalize exploitative pimps", copy of facsimile sent by Mr J. Bailey,
dated 17 February 1992.
Debate continued.
Suspension of Standing Orders: The Leader of Government Business (Mr Setter) moved - That so much of Standing Orders
be suspended as would prevent the Attorney-General (Mr Manzie) from completing his speech.
Question - put and passed there being an absolute majority of the whole number of Members and no dissentient voice.
Debate continued.
Personal explanation: The Member for Wanguri (Mr Bailey), by leave, made a personal explanation relating to comments made
by Mr Manzie during this debate.
Paper tabled: Mr Bell, by leave, laid on the Table the following Paper -
. Letter, Hon D.W. Manzie, Attorney-General to Mr Neil Bell, MLA, dated 26 February 1992.
Question - That the Bills be now read a second time - 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
(Chairman - Mr Poole)
Prostitution Regulation Bill 1991 (Serial 114):
Clauses 1 and 2, by leave, taken together and agreed to.
Clause 3 read.
The Member for Macdonnell (Mr Bell) moved the following amendment -
Omit the definition of "Board".
Debate ensued.
Amendment negatived.
On the motion of Mr Bell the following amendment was agreed to, after debate -
Omit paragraph (a) from the definition of "brothel".
Mr Bell moved the following further amendment -
Insert after the definition of "brothel" the following:
"'certificate of registration' means a certificate issued under section 19B;".
Amendment negatived.
Mr Bell moved the following further amendments together, by leave -
Omit the definition of "licence";
Omit the definition of "manager's licence"; and
Omit the definition of "operator's licence".
Amendments negatived.
On the motion of the Attorney-General (Mr Manzie) the following amendment was agreed to, after debate -
Insert after the definition of "licence" the following:
"'manager' means a person appointed or authorised by the operator of an escort agency business
to carry on or conduct the escort agency business but does not include a person whose principal
duty is to act as a receptionist and arrange for the provision of prostitution services;".
On the motion of Mr Manzie the following further amendment was agreed to -
Omit from paragraph (b) of the definition of "publish" the words "broadcast, telecast or".
Clause 3, as amended, agreed to.
Clauses 4 and 5, by leave, taken together and agreed to.
Clause 6 read.
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On the motion of Mr Manzie the following amendment was agreed to, after debate -
Omit subclause (4) and insert in its stead the following:
"(4) Subsection (1) does not require an individual who carries on an escort agency business to be licensed where -
(a) the escort agency business arranges for the provision of prostitution services by that individual and no other;
(b) the individual does not carry on the escort agency business in partnership or otherwise in association or
conjunction with any other person; and
(c) the individual is the only person employed in the escort agency business.".
Clause 6, as amended, agreed to, after further debate.
Mr Bell moved - That the following proposed new clause be inserted in the Bill -
"6A. CERTAIN PERSONS TO BE REGISTERED
"(1) An individual shall not carry on an escort agency business unless the individual holds a current certificate
of registration.
Penalty: $10,000.
"(2) A body corporate shall not carry on an escort agency business unless the business is managed by an
individual who holds a current certificate of registration.
Penalty: $10,000.
"(3) An individual shall not manage an escort agency business on behalf of a body corporate or another individual
unless he or she holds a current certificate of registration.
Penalty: $10,000.
"(4) An individual shall not provide prostitution services unless he or she holds a certificate of registration.
Penalty: $10,000.
"(5) An individual or a body corporate who arranges for the provision of prostitution services by an individual other than
a registered individual is guilty of an offence.
Penalty: $10,000.
Amendment withdrawn, by leave.
Clause 7 agreed to.
Clause 8 agreed to, after debate.
Clause 9 read.
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On the motion of Mr Manzie the following amendment was agreed to, after debate -
Omit from subclause (3)(a) "been convicted of" and insert in its stead "been convicted of a violent offence or".
On the motion of Mr Manzie the following further amendment was agreed to, after debate -
Omit from subclause (9) "since the issue of the certificate of a relevant drug offence as defined in subsection (11)"
and insert in its stead "of a violent offence or a relevant drug offence as defined in subsection (11) (whether committed
before or after the issue of the certificate)".
On the motion of Mr Manzie the following further amendment was agreed to, after debate -
Omit subclause (11) and insert in its stead the following:
"(11) In this section -
'relevant drug offence' means an offence against -
(a) section 5, 6(1) or (2), 7, 8, 9 or 11 of the Misuse of Drugs Act; or
(b) a corresponding law (as defined in subsection (12)), being an offence punishable on conviction (except where
dealt with summarily) by imprisonment for 5 years or more;
'violent offence' means an offence involving the use or threat of violence against another person irrespective of the
penalty that may be imposed on conviction.".
Clause 9, as amended, agreed to, after further debate.
Clauses 10 and 11, by leave, taken together and agreed to.
Mr Bell moved - That the following proposed new clause be inserted in the Bill -
"11A. CAUSING OR INDUCING ADULT TO TAKE PART IN PROSTITUTION
"A person shall not cause or induce a person, not being a person to whom section 13 applies, to take part, or to
continue to take part, in the provision of prostitution services.
Penalty: Imprisonment for 7 years.".
Debate ensued.
And the Assembly having continued to sit until 12 midnight -
THURSDAY 27 FEBRUARY 1992, A.M.
Debate continued.
The Chief Minister (Mr Perron) moved - That the question be now put.
Question - That the question be now put - put.
The Committee divided (Deputy Chairman, Mr Collins, in the Chair) -
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AYES, 14 NOES, 9
Mr Collins Mr Bailey
Mr Coulter Mr Bell
Mr Dondas Mr Cartwright
Mr Finch Mr Ede
Mr Hatton Mrs Hickey
Mr Manzie Mr Lanhupuy
Mr McCarthy Mrs Padgham-Purich
Mr Ortmann Mr Parish
Mr Palmer Mr Stirling
Mr Perron
Mr Poole
Mr Reed
Mr Setter
Mr Stone
And so it was resolved in the affirmative.
Question - That the proposed new clause 11A be inserted in the Bill - put.
The Committee divided (Deputy Chairman, Mr Collins, in the Chair) -
AYES, 9 NOES, 14
Mr Bailey Mr Collins
Mr Bell Mr Coulter
Mr Cartwright Mr Dondas
Mr Ede Mr Finch
Mrs Hickey Mr Hatton
Mr Lanhupuy Mr Manzie
Mrs Padgham-Purich Mr McCarthy
Mr Parish Mr Ortmann
Mr Stirling Mr Palmer
Mr Perron
Mr Poole
Mr Reed
Mr Setter
Mr Stone
Proposed new clause negatived accordingly.
Clauses 12 to 16, by leave, taken together.
Debate ensued.
Clauses 12 to 16 agreed to.
On the motion of Mr Manzie the following new clause was inserted in the Bill -
"16A. PROHIBITION ON PROSTITUTION BY INFANTS
"An infant who offers to provide or who provides prostitution services is guilty of an offence.
Penalty: Imprisonment for 2 years."
Clause 17 agreed to.
Clause 18 read.
On the motion of Mr Manzie, by leave, the following amendments were taken together -
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Omit from subclause (5) "published" (twice occurring) and insert in its stead "published, broadcast or televised".
Omit from subclause (5) "publication" and insert in its stead the following "publication, broadcasting or televising".
Debate ensued.
Mr Manzie moved - That the question be now put.
Question - That the question be now put - put and passed.
Question - That the amendments be agreed to - put.
Debate ensued.
Amendments agreed to.
Clause 18, as amended, agreed to, after debate.
On the motion of Mr Manzie the following new clause was inserted in the Bill, after debate -
"18A. MEDICAL EXAMINATIONS
"(1) For the purposes of this section, 'sexually transmitted disease' means -
(a) a disease specified in Schedule 5 of the Notifiable Diseases Act;
(b) the disease known as acquired immune deficiency syndrome in any of its stages; and
(c) any other disease specified by the Minister for the purpose of this section by notice in the Gazette.
"(2) A licensee shall take all reasonable steps to ensure that the fact of a prostitute's attendance at a medical
examination or the result of such an examination is not used for the purpose of inducing a person to
believe that the prostitute is not infected with a sexually transmitted disease.
"(3) A prostitute shall not, for the purpose of prostitution, use the fact of the prostitute's attendance at a
medical examination or the result of such an examination for the purpose of inducing a person to
believe that the prostitute is not infected with a sexually transmitted disease.
Penalty: $2,000.".
Mr Bell moved - That the following proposed new clause be inserted in the Bill -
"18B. UNSAFE SEXUAL PRACTICE
"(1) In this section 'unsafe sexual practice' means any activity whereby bodily fluids (apart from saliva or perspiration)
may come into direct contact with the body of another person.
"(2) A person who is -
(a) a prostitute; or
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(b) a person who a prostitute reasonably expects to provide payment or reward in return for the
provision of prostitution services by that prostitute,
shall not engage in an unsafe sexual practice in the course of an act of prostitution.
"(3) A person shall not induce or coerce a prostitute to engage in an unsafe sexual practice during an act of prostitution.
Penalty: $2,000.".
Debate ensued.
Mr Manzie moved - That the question be now put.
Question - That the question be now put - put and passed.
Question - That the proposed new clause 18B be inserted in the Bill -
put and negatived.
Mr Bell moved - That the Chairman do report progress and ask leave to sit again.
Question - put and negatived.
Mr Bell moved the following amendment -
Omit the Headings to Part 3 and Division 1 and insert in their stead "PART 3 - REGISTRATION".
Amendment negatived.
Clause 19 agreed to, after debate.
Mr Bell, by leave, moved - That the following proposed new clauses 19, 19A, 19B, 19C and 19D be taken together and inserted in the Bill -
"19. DEFINITIONS
"In this Part -
"consent form" means a form signed by the applicant, giving consent to the release by the Commissioner
of Police of information in respect of that person's criminal record to the Registrar;
"criminal record" means a list, accurate at the date of its issue, of -
(a) all charges (other than those charges which have not been proceeded with); and
(b) all offences found proved by a court,
in respect of the person named in the consent form to which the list relates.
"19A. REGISTRATION
"(1) An individual may apply on a form approved by the Registrar for a certificate of registration.
"(2) The form referred to in subsection (1) shall contain, at the least, details of the applicant's name and address
and shall be accompanied by a consent form.
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"(3) Within 7 days after receiving an application under subsection (1) the Registrar shall serve on the Commissioner
of Police a written request, accompanied by the consent form required by subsection (2), for the release of the
applicant's criminal record to the Registrar.
"(4) The Commissioner of Police shall, within 7 days after receipt of a consent form, supply or cause to be supplied
to the Registrar the applicant's current criminal record.
"19B. REGISTRAR TO REGISTER OR REFUSE REGISTRATION
"(1) Within 7 days after receiving the criminal record of an applicant under section 19A the Registrar shall attempt to
dissuade the applicant from providing prostitution services or services relating to the business of prostitution and
inform that person of the adverse consequences of providing those services.
"(2) Where the applicant continues to seek registration and it appears from his or her criminal record that he or she has
not at any time during the immediately preceding 10 years been convicted of a relevant offence as defined in
subsection (4) or of an attempt to commit such an offence, the Registrar shall -
(a) register the applicant; and
(b) issue a certificate of registration to the applicant.
"(3) Where it appears from the applicant's criminal record that he or she has been convicted of a relevant offence as
defined in subsection (4), the Registrar shall -
(a) refuse to issue such a certificate; and
(b) notify the individual in writing of the refusal, specifying in the notification the conviction or convictions
by reason of which the issue of a certificate is refused.
"(4) In this section 'relevant offence' means an offence against -
(a) section 5, 6(1) or (2), 7, 8, 9 or 11 of the Misuse of Drugs Act;
(b) an offence set out in Division 5 of Part VI of the Criminal Code;
(c) a similar law (as defined in subsection (5)) corresponding to an offence specified in paragraph
(a), (b) or (d),
being an offence punishable on conviction by imprisonment for 5 years or more where dealt with by indictment; or
(d) an offence specified in section 18A.
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"(5) In subsection (4)(c), 'similar law' means -
(a) a law (including a repealed law) of the Commonwealth, or of a State or another Territory of the
Commonwealth; or
(b) a repealed law of the Territory,
which makes (or, when in force, made) provision substantially similar to a provision specified in subsection (4)(a),
(b) or (d).
"19C. PROSTITUTE TO NOTIFY REGISTRAR
"(1) Where -
(a) a certificate under this section is in force in respect of an individual; and
(b) an arrangement for the provision of prostitution services by that individual is made for the first time
in the course of an escort agency business,
the prostitute in respect of whom the arrangement is made shall, not later than 7 days after the arrangement
is made, notify the Registrar.
Penalty: $2,000.
"(2) Where a prostitute ceases, otherwise than for reasons of a temporary nature, to provide prostitution services on
behalf of an escort agency business that prostitute shall, not later than 7 days after ceasing to provide those
services to that business, notify the Registrar in writing.
Penalty: $2,000.
"19D. CANCELLATION OF CERTIFICATE
"(1) If the Registrar suspects that an individual in respect of whom a certificate is in force under this Part has been
convicted since the issue of a certificate of a relevant offence as defined in subsection 19C(4), or of an attempt
to commit such an offence, the Registrar shall -
(a) cancel the certificate by notice in writing served on the person to whom it was issued;
(b) where the individual is a prostitute, give written notice of the cancellation to any person who,
according to the information which has been supplied to the Registrar by that prostitute at the
time that notification is received makes arrangements for the provision of prostitution services
by that prostitute; and
(c) notify the individual in writing of the cancellation, specifying in the notification the conviction or
convictions in question.
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"(2) For the purposes of subsection (1) the Registrar may from time to time request the Commissioner of Police
to issue a criminal record in respect of a person whom the Registrar suspects has been convicted of a
relevant offence within the meaning of section 19B(4).
"(3) A notice under subsection (1)(a) shall require the person on whom it is served to surrender the certificate to
the Registrar not later than 14 days after the date on which the notice is served, and a person who fails to
comply with this requirement is guilty of an offence.
Penalty: $2,000.".
Debate ensued.
Mr Manzie moved - That the question be now put.
Question - That the question be now put - put and passed.
Question - That the proposed new clauses 19, 19A, 19B, 19C and 19D be inserted in the Bill - put and negatived.
Clause 20 read.
Debate ensued.
On the motion of Mr Manzie the following amendment was agreed to -
Insert after subclause (1)(e) the following:
"(f) to liaise or consult with persons who, or bodies, groups or associations that, the Board considers may
assist it in carrying out its functions.".
Clause 20, as amended, agreed to.
Clause 21 read.
Mr Bell, by leave, moved the following amendments together -
Omit "of the Board" wherever occurring; and
Insert in subclause (1) after "Public Service Act" the words "and who appears to that Minister to have experience or
expertise in the field of community welfare".
Debate ensued.
Amendments withdrawn, by leave.
Clause 21 agreed to, after further debate.
Mr Bell, by leave, moved - That the following proposed new clauses be taken together and inserted in the Bill -
"21A. FUNCTIONS OF REGISTRAR
"In addition to any other functions conferred by this Act, the Registrar shall -
(a) report to the Minister, within 12 months from the date of commencement of this Act, in respect of the
operation during that period of the Act, and including any recommendations he or she may make
concerning prostitution in the Territory;
(b) collect information about prostitution;
(c) advise prostitutes of acceptable work practices;
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(d) provide prostitutes with information as to their rights in relation to their work including, but not
limited to, information in respect of taxation, trade unions, and superannuation matters.
"21B. MINISTER TO LAY REPORT BEFORE ASSEMBLY
"The Minister shall, upon receipt of a report referred to in clause 21A (a), lay a copy of that report before the Assembly.".
Debate ensued.
Proposed new clauses negatived.
Clause 22 read.
On the motion of Mr Manzie the following amendment was agreed to, after debate -
Omit from subclause (1)(d) "or business partner" and substitute ", homosexual partner, business partner or business
associate".
Clause 22, as amended, agreed to, after further debate.
Clause 23 agreed to, after debate.
Clause 24 agreed to.
Clauses 25 and 26, by leave, taken together, and agreed to.
Clause 27 read.
On the motion of Mr Manzie the following amendment was agreed to, after debate -
Omit from subclause (2) all words after "prostitution services" and insert in their stead ", matters concerning their
health and welfare and the health and welfare of the community generally.".
Clause 27, as amended, agreed to.
Clauses 28 to 32, by leave, taken together and agreed to, after debate.
Clause 33 read.
On the motion of Mr Manzie the following amendment was agreed, after debate -
Omit from subclause (4) all words after "to a person" and insert in their stead "any information -
(a) where, in the opinion of the Board, the disclosure of the information -
(i) may prejudice the conduct of an investigation by a member of the Police Force;
(ii) may prejudice the proper administration of the law;
(iii) may reveal the identity of an informant;
(iv) may endanger the life or well being of a person; or
(v) may disclose procedures for preventing, detecting or investigating offences; or
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(b) which the Board, in its absolute discretion, regards as having been communicated to the Board
on a confidential basis.".
Clause 33, as amended, agreed to.
Clause 34 agreed to, after debate.
Clause 35 read.
On the motion of Mr Manzie the following subsection was added -
"(6) Where a decision of the Board cancelling an operator's licence is quashed by the Tribunal on appeal, the
cancellation of a manager's licence by the Board under section 29(5) on the cancellation of the operator's
licence is revoked and the manager's licence is re-instated as if the Board had not exercised its power
under that subsection.".
Clause 35, as amended, agreed to.
Clauses 36 to 38, by leave, taken together and agreed to.
Clause 39 read.
On the motion of Mr Manzie the following amendment was agreed to -
Omit from clause (4)(a) "the particulars" and insert in their stead "the prescribed particulars".
On the motion of Mr Manzie the following subsection was added -
"(7) For the purposes of subsection (3), where the licensee of the operator's licence under consideration is the holder
of one or more other operator's licences, the total number of persons by whom it is intended that prostitution
services should be provided under that licence and the other licence or licences shall be taken into account in
determining whether, for the purposes of the licence under consideration, the number of persons exceeds 3.".
Clause 39, as amended, agreed to, after debate.
Clauses 40 to 48, by leave, taken together and agreed to.
Clause 49 agreed to.
On the motion of Mr Manzie the following new clause was inserted in the Bill, after debate -
"49A. POWER OF POLICE TO ENTER CERTAIN PREMISES
"(1) In this section 'authorised member' means a member of the Police Force authorised in writing by the
Commissioner of Police or a member of the Police Force of or above the rank of Sergeant.
"(2) An authorised member may, at any time, enter premises which are or are reported to be, or which are
reasonably believed to be, a brothel.
"(3) An authorised member may, at any time, enter and inspect premises from which the holder of an operator's
licence carries on an escort agency business for the purpose of -
(a) ascertaining whether the provisions of this Act are being complied with;
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(b) ascertaining whether the conditions or restrictions, if any, of the operator's licence or any manager's
licence in respect of the escort agency business are being complied with; or
(c) investigating a complaint on a request by the Board made of the Commissioner of Police under
section 20(1)(d).
"(4) If an authorised member demands entry to premises under the power conferred by this section and entry is
refused or delayed for such a time as to make it appear that wilful delay is intended, the authorised member
may break into the premises and, for that purpose, may use such force as is necessary.
"(5) A person who prevents, hinders or obstructs an authorised member entering premises under the power conferred
by this section or from exercising the authorised member's powers under this section is guilty of an offence.
Penalty: $5,000 or imprisonment for 2 years.
"(6) Where an authorised member enters premises under the power conferred by this section, the Commissioner of
Police shall, as soon as practicable, but in any event not later than 48 hours after the exercise of the power, serve
a notice, in the prescribed form, on the Chairman of the Board giving details of thecircumstances of the exercise
of the power.".
Clauses 50 to 52, by leave, taken together and agreed to.
Clause 53 agreed to.
Schedule read.
Mr Bell moved the following amendment -
Omit "3 years" in clause 1(2) and insert in its stead "2 years".
Amendment negatived.
Schedule agreed to.
Title agreed to.
Bill to be reported with amendments.
Criminal Code Amendment Bill (No.3) 1991 (Serial 115):
Bill, by leave, taken as a whole.
Question - That the Bill stand as printed - put.
Debate ensued.
Question - put.
The Committee divided (the Chairman, Mr Poole, in the Chair) -
AYES, 14 NOES, 7
Mr Collins Mr Bailey
Mr Coulter Mr Bell
Mr Dondas Mr Cartwright
Mr Finch Mrs Hickey
Mr Hatton Mr Lanhupuy
Mr Manzie Mr Parish
Mr McCarthy Mr Stirling
Mr Ortmann
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Mr Palmer
Mr Perron
Mr Poole
Mr Reed
Mr Setter
Mr Stone
And so it was resolved in the affirmative.
Bill to be reported without amendment.
Summary Offences Amendment Bill 1991 (Serial 116):
Bill, by leave, taken as a whole and agreed to.
Bill to be reported without amendment.
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The Speaker (Mr Dondas) resumed the Chair; the Chairman (Mr Poole) reported that the Committee had considered the Bills and
agreed to the Prostitution Regulation Bill 1991 (Serial 114) with amendments; and the Criminal Code Amendment Bill (No.3) 1991
(Serial 115) and the Summary Offences Amendment Bill 1991 (Serial 116) without amendment; and the report was adopted.
The Attorney-General (Mr Manzie) moved - That the Bills be now read a third time.
Debate ensued.
Question - put and passed.
The Bills were read a third time and passed to be proposed laws.
9. ADJOURNMENT:
The Leader of Government Business (Mr Setter) moved - That the Assembly do now adjourn.
Debate ensued.
Question - put and passed.
The Assembly adjourned at 2.47 a.m. until today at 10.00 a.m.
====================
ATTENDANCE:
All Members attended the sitting except Mr Vale, on leave.
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__________________________________________________________________________________
Date : 26/02/1992
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. PETITION:
Mrs Hickey presented a petition from 633 citizens of the Northern Territory relating to the relocation of two Transport Inspector
positions from Tennant Creek to Alice Springs.
Petition read.
4. NOTICES:
The following notices were given:
Mr Ortmann: To present the Work Health Amendment Act (No.2) 1991 Amendment Bill 1992 (Serial 128).
Mr Finch: To present the Motor Vehicles Amendment Bill 1992 (Serial 126).
Mr Bailey: To move - That -
(1) a committee to be known as the Sessional Committee on Juvenile Crime be appointed and that members be appointed
to the committee by subsequent resolution;
(2) the committee be empowered, unless otherwise ordered, to inquire into and from time to time report on:
(a) current trends in juvenile crime in the Northern Territory including, as far as possible, patterns
based on regions, age, sex, other demographic characteristics and ethnic factors;
(b) the social and economic consequences of current crime patterns with special reference to the well-being of
individuals and communities and to the demands placed upon Government and Non-Government services;
(c) the services currently available within the Northern Territory by both Government and Non-Government
agencies to deal with issues directly or indirectly related to juvenile crime;
(d) factors which directly affect the level and nature of juvenile crime in the Northern Territory community or
parts of that community; and
(e) appropriate policies and services for the prevention, punishment and rehabilitation of juvenile crime in
the Northern Territory;
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(3) the Committee be empowered to send for persons, papers and records; to sit in public or in private session
notwithstanding any adjournment of the Assembly; to adjourn from place to place; and have leave to report
from time to time and to report its proceedings and evidence taken and make such interim recommendations
as it may deem fit; and to publish information pertaining to its activities from time to time: the Committee shall
make an annual report to the Assembly of its activities;
(4) the Committee be empowered to publish from day to day such papers and evidence as may be ordered by it
and, unless otherwise ordered by the Committee, a daily Hansard be published of such proceedings as take
place in public; and
(5) the foregoing provisions of this resolution, so far as they are inconsistent with the Standing Orders, have effect
notwithstanding anything contained in the Standing Orders.
5. QUESTIONS:
Questions were asked of Ministers.
6. ABORIGINAL ESSENTIAL SERVICES - MINISTERIAL STATEMENT - STATEMENT NOTED:
The Minister for Transport and Works (Mr Finch) made a statement relating to the provision of essential services to
Aboriginal Communities.
Paper tabled: Mr Finch laid on the Table the following Paper -
. Letter, Mr Mark Burslem, Co-ordinator, Central Land Council to Hon. F.A. Finch, MLA, Minister for Transport and
Works, dated 19 February 1992.
Mr Finch moved - That the Assembly take note of the Statement.
____________________
Suspension of sitting: The sitting was suspended between 11.53 a.m. and 2.00 p.m.
____________________
Debate ensued.
Papers tabled: The Member for Macdonnell (Mr Bell), by leave, laid on the Table the following Papers -
. Letter, Mr C.J. Wright, Corporate Services Superintendent, Power and Water Authority to the President,
Wallace Rockhole Community Government Council, dated 10 May 1991;
. Letter, Mr C.R. Rye, Chairman, Commonwealth Grants Commission to Mr G.J. Crough, Visiting Research
Fellow, Australian National University, dated 28 August 1991;
. Letter, Mr G.J. Crough, Visiting Research Fellow, Australian National University, to Hon F.A. Finch, MLA,
Minister for Transport and Works, dated 5 December 1991;
. Letter, Mr Allan White, Ministerial Officer, Office of the Minister for Transport and Works to Mr Greg Crough,
Visiting Research Fellow, Australian National University, dated 10 December 1991; and
. Letter, Mr G.J. Crough, Senior Research Fellow, Australian National University, to Hon F.A. Finch, MLA,
Minister for Transport and Works, dated 20 February 1992.
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Debate continued.
Question - put and passed.
7. VOCATIONAL EDUCATION AND TRAINING - MINISTERIAL STATEMENT - STATEMENT NOTED:
The Minister for Education and Training (Mr Stone) made a statement relating to the Northern Territory Government's
policies on vocational education and training.
Mr Stone moved - That the Assembly take note of the Statement.
Debate ensued.
Question - put and passed.
8. PROSTITUTION REGULATION BILL 1991 (Serial 114); CRIMINAL CODE AMENDMENT BILL (No.3) 1991 (Serial 115);
and SUMMARY OFFENCES AMENDMENT BILL 1991 (Serial 116):
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.
Paper tabled: The Member for Macdonnell (Mr Bell), by leave, laid on the Table the following Paper -
. Newspaper advertisements "Adult Entertainment", dated February 1992.
Debate continued.
Papers tabled: The Attorney-General (Mr Manzie) laid on the Table the following Papers -
. Community Consultation for the Development of the Prostitution Regulation Bill 1991;
. Northern Territory Law Reform Committee - Comment on the Prostitution Regulation Bill, dated 12 November 1991;
. Northern Territory Law Reform Committee - Prostitution Regulation Bill 1991, dated 20 December 1991; and
. Media Release, N.T. Government to legalize exploitative pimps", copy of facsimile sent by Mr J. Bailey,
dated 17 February 1992.
Debate continued.
Suspension of Standing Orders: The Leader of Government Business (Mr Setter) moved - That so much of Standing Orders
be suspended as would prevent the Attorney-General (Mr Manzie) from completing his speech.
Question - put and passed there being an absolute majority of the whole number of Members and no dissentient voice.
Debate continued.
Personal explanation: The Member for Wanguri (Mr Bailey), by leave, made a personal explanation relating to comments made
by Mr Manzie during this debate.
Paper tabled: Mr Bell, by leave, laid on the Table the following Paper -
. Letter, Hon D.W. Manzie, Attorney-General to Mr Neil Bell, MLA, dated 26 February 1992.
Question - That the Bills be now read a second time - 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
(Chairman - Mr Poole)
Prostitution Regulation Bill 1991 (Serial 114):
Clauses 1 and 2, by leave, taken together and agreed to.
Clause 3 read.
The Member for Macdonnell (Mr Bell) moved the following amendment -
Omit the definition of "Board".
Debate ensued.
Amendment negatived.
On the motion of Mr Bell the following amendment was agreed to, after debate -
Omit paragraph (a) from the definition of "brothel".
Mr Bell moved the following further amendment -
Insert after the definition of "brothel" the following:
"'certificate of registration' means a certificate issued under section 19B;".
Amendment negatived.
Mr Bell moved the following further amendments together, by leave -
Omit the definition of "licence";
Omit the definition of "manager's licence"; and
Omit the definition of "operator's licence".
Amendments negatived.
On the motion of the Attorney-General (Mr Manzie) the following amendment was agreed to, after debate -
Insert after the definition of "licence" the following:
"'manager' means a person appointed or authorised by the operator of an escort agency business
to carry on or conduct the escort agency business but does not include a person whose principal
duty is to act as a receptionist and arrange for the provision of prostitution services;".
On the motion of Mr Manzie the following further amendment was agreed to -
Omit from paragraph (b) of the definition of "publish" the words "broadcast, telecast or".
Clause 3, as amended, agreed to.
Clauses 4 and 5, by leave, taken together and agreed to.
Clause 6 read.
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On the motion of Mr Manzie the following amendment was agreed to, after debate -
Omit subclause (4) and insert in its stead the following:
"(4) Subsection (1) does not require an individual who carries on an escort agency business to be licensed where -
(a) the escort agency business arranges for the provision of prostitution services by that individual and no other;
(b) the individual does not carry on the escort agency business in partnership or otherwise in association or
conjunction with any other person; and
(c) the individual is the only person employed in the escort agency business.".
Clause 6, as amended, agreed to, after further debate.
Mr Bell moved - That the following proposed new clause be inserted in the Bill -
"6A. CERTAIN PERSONS TO BE REGISTERED
"(1) An individual shall not carry on an escort agency business unless the individual holds a current certificate
of registration.
Penalty: $10,000.
"(2) A body corporate shall not carry on an escort agency business unless the business is managed by an
individual who holds a current certificate of registration.
Penalty: $10,000.
"(3) An individual shall not manage an escort agency business on behalf of a body corporate or another individual
unless he or she holds a current certificate of registration.
Penalty: $10,000.
"(4) An individual shall not provide prostitution services unless he or she holds a certificate of registration.
Penalty: $10,000.
"(5) An individual or a body corporate who arranges for the provision of prostitution services by an individual other than
a registered individual is guilty of an offence.
Penalty: $10,000.
Amendment withdrawn, by leave.
Clause 7 agreed to.
Clause 8 agreed to, after debate.
Clause 9 read.
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On the motion of Mr Manzie the following amendment was agreed to, after debate -
Omit from subclause (3)(a) "been convicted of" and insert in its stead "been convicted of a violent offence or".
On the motion of Mr Manzie the following further amendment was agreed to, after debate -
Omit from subclause (9) "since the issue of the certificate of a relevant drug offence as defined in subsection (11)"
and insert in its stead "of a violent offence or a relevant drug offence as defined in subsection (11) (whether committed
before or after the issue of the certificate)".
On the motion of Mr Manzie the following further amendment was agreed to, after debate -
Omit subclause (11) and insert in its stead the following:
"(11) In this section -
'relevant drug offence' means an offence against -
(a) section 5, 6(1) or (2), 7, 8, 9 or 11 of the Misuse of Drugs Act; or
(b) a corresponding law (as defined in subsection (12)), being an offence punishable on conviction (except where
dealt with summarily) by imprisonment for 5 years or more;
'violent offence' means an offence involving the use or threat of violence against another person irrespective of the
penalty that may be imposed on conviction.".
Clause 9, as amended, agreed to, after further debate.
Clauses 10 and 11, by leave, taken together and agreed to.
Mr Bell moved - That the following proposed new clause be inserted in the Bill -
"11A. CAUSING OR INDUCING ADULT TO TAKE PART IN PROSTITUTION
"A person shall not cause or induce a person, not being a person to whom section 13 applies, to take part, or to
continue to take part, in the provision of prostitution services.
Penalty: Imprisonment for 7 years.".
Debate ensued.
And the Assembly having continued to sit until 12 midnight -
THURSDAY 27 FEBRUARY 1992, A.M.
Debate continued.
The Chief Minister (Mr Perron) moved - That the question be now put.
Question - That the question be now put - put.
The Committee divided (Deputy Chairman, Mr Collins, in the Chair) -
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AYES, 14 NOES, 9
Mr Collins Mr Bailey
Mr Coulter Mr Bell
Mr Dondas Mr Cartwright
Mr Finch Mr Ede
Mr Hatton Mrs Hickey
Mr Manzie Mr Lanhupuy
Mr McCarthy Mrs Padgham-Purich
Mr Ortmann Mr Parish
Mr Palmer Mr Stirling
Mr Perron
Mr Poole
Mr Reed
Mr Setter
Mr Stone
And so it was resolved in the affirmative.
Question - That the proposed new clause 11A be inserted in the Bill - put.
The Committee divided (Deputy Chairman, Mr Collins, in the Chair) -
AYES, 9 NOES, 14
Mr Bailey Mr Collins
Mr Bell Mr Coulter
Mr Cartwright Mr Dondas
Mr Ede Mr Finch
Mrs Hickey Mr Hatton
Mr Lanhupuy Mr Manzie
Mrs Padgham-Purich Mr McCarthy
Mr Parish Mr Ortmann
Mr Stirling Mr Palmer
Mr Perron
Mr Poole
Mr Reed
Mr Setter
Mr Stone
Proposed new clause negatived accordingly.
Clauses 12 to 16, by leave, taken together.
Debate ensued.
Clauses 12 to 16 agreed to.
On the motion of Mr Manzie the following new clause was inserted in the Bill -
"16A. PROHIBITION ON PROSTITUTION BY INFANTS
"An infant who offers to provide or who provides prostitution services is guilty of an offence.
Penalty: Imprisonment for 2 years."
Clause 17 agreed to.
Clause 18 read.
On the motion of Mr Manzie, by leave, the following amendments were taken together -
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Omit from subclause (5) "published" (twice occurring) and insert in its stead "published, broadcast or televised".
Omit from subclause (5) "publication" and insert in its stead the following "publication, broadcasting or televising".
Debate ensued.
Mr Manzie moved - That the question be now put.
Question - That the question be now put - put and passed.
Question - That the amendments be agreed to - put.
Debate ensued.
Amendments agreed to.
Clause 18, as amended, agreed to, after debate.
On the motion of Mr Manzie the following new clause was inserted in the Bill, after debate -
"18A. MEDICAL EXAMINATIONS
"(1) For the purposes of this section, 'sexually transmitted disease' means -
(a) a disease specified in Schedule 5 of the Notifiable Diseases Act;
(b) the disease known as acquired immune deficiency syndrome in any of its stages; and
(c) any other disease specified by the Minister for the purpose of this section by notice in the Gazette.
"(2) A licensee shall take all reasonable steps to ensure that the fact of a prostitute's attendance at a medical
examination or the result of such an examination is not used for the purpose of inducing a person to
believe that the prostitute is not infected with a sexually transmitted disease.
"(3) A prostitute shall not, for the purpose of prostitution, use the fact of the prostitute's attendance at a
medical examination or the result of such an examination for the purpose of inducing a person to
believe that the prostitute is not infected with a sexually transmitted disease.
Penalty: $2,000.".
Mr Bell moved - That the following proposed new clause be inserted in the Bill -
"18B. UNSAFE SEXUAL PRACTICE
"(1) In this section 'unsafe sexual practice' means any activity whereby bodily fluids (apart from saliva or perspiration)
may come into direct contact with the body of another person.
"(2) A person who is -
(a) a prostitute; or
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(b) a person who a prostitute reasonably expects to provide payment or reward in return for the
provision of prostitution services by that prostitute,
shall not engage in an unsafe sexual practice in the course of an act of prostitution.
"(3) A person shall not induce or coerce a prostitute to engage in an unsafe sexual practice during an act of prostitution.
Penalty: $2,000.".
Debate ensued.
Mr Manzie moved - That the question be now put.
Question - That the question be now put - put and passed.
Question - That the proposed new clause 18B be inserted in the Bill -
put and negatived.
Mr Bell moved - That the Chairman do report progress and ask leave to sit again.
Question - put and negatived.
Mr Bell moved the following amendment -
Omit the Headings to Part 3 and Division 1 and insert in their stead "PART 3 - REGISTRATION".
Amendment negatived.
Clause 19 agreed to, after debate.
Mr Bell, by leave, moved - That the following proposed new clauses 19, 19A, 19B, 19C and 19D be taken together and inserted in the Bill -
"19. DEFINITIONS
"In this Part -
"consent form" means a form signed by the applicant, giving consent to the release by the Commissioner
of Police of information in respect of that person's criminal record to the Registrar;
"criminal record" means a list, accurate at the date of its issue, of -
(a) all charges (other than those charges which have not been proceeded with); and
(b) all offences found proved by a court,
in respect of the person named in the consent form to which the list relates.
"19A. REGISTRATION
"(1) An individual may apply on a form approved by the Registrar for a certificate of registration.
"(2) The form referred to in subsection (1) shall contain, at the least, details of the applicant's name and address
and shall be accompanied by a consent form.
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"(3) Within 7 days after receiving an application under subsection (1) the Registrar shall serve on the Commissioner
of Police a written request, accompanied by the consent form required by subsection (2), for the release of the
applicant's criminal record to the Registrar.
"(4) The Commissioner of Police shall, within 7 days after receipt of a consent form, supply or cause to be supplied
to the Registrar the applicant's current criminal record.
"19B. REGISTRAR TO REGISTER OR REFUSE REGISTRATION
"(1) Within 7 days after receiving the criminal record of an applicant under section 19A the Registrar shall attempt to
dissuade the applicant from providing prostitution services or services relating to the business of prostitution and
inform that person of the adverse consequences of providing those services.
"(2) Where the applicant continues to seek registration and it appears from his or her criminal record that he or she has
not at any time during the immediately preceding 10 years been convicted of a relevant offence as defined in
subsection (4) or of an attempt to commit such an offence, the Registrar shall -
(a) register the applicant; and
(b) issue a certificate of registration to the applicant.
"(3) Where it appears from the applicant's criminal record that he or she has been convicted of a relevant offence as
defined in subsection (4), the Registrar shall -
(a) refuse to issue such a certificate; and
(b) notify the individual in writing of the refusal, specifying in the notification the conviction or convictions
by reason of which the issue of a certificate is refused.
"(4) In this section 'relevant offence' means an offence against -
(a) section 5, 6(1) or (2), 7, 8, 9 or 11 of the Misuse of Drugs Act;
(b) an offence set out in Division 5 of Part VI of the Criminal Code;
(c) a similar law (as defined in subsection (5)) corresponding to an offence specified in paragraph
(a), (b) or (d),
being an offence punishable on conviction by imprisonment for 5 years or more where dealt with by indictment; or
(d) an offence specified in section 18A.
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"(5) In subsection (4)(c), 'similar law' means -
(a) a law (including a repealed law) of the Commonwealth, or of a State or another Territory of the
Commonwealth; or
(b) a repealed law of the Territory,
which makes (or, when in force, made) provision substantially similar to a provision specified in subsection (4)(a),
(b) or (d).
"19C. PROSTITUTE TO NOTIFY REGISTRAR
"(1) Where -
(a) a certificate under this section is in force in respect of an individual; and
(b) an arrangement for the provision of prostitution services by that individual is made for the first time
in the course of an escort agency business,
the prostitute in respect of whom the arrangement is made shall, not later than 7 days after the arrangement
is made, notify the Registrar.
Penalty: $2,000.
"(2) Where a prostitute ceases, otherwise than for reasons of a temporary nature, to provide prostitution services on
behalf of an escort agency business that prostitute shall, not later than 7 days after ceasing to provide those
services to that business, notify the Registrar in writing.
Penalty: $2,000.
"19D. CANCELLATION OF CERTIFICATE
"(1) If the Registrar suspects that an individual in respect of whom a certificate is in force under this Part has been
convicted since the issue of a certificate of a relevant offence as defined in subsection 19C(4), or of an attempt
to commit such an offence, the Registrar shall -
(a) cancel the certificate by notice in writing served on the person to whom it was issued;
(b) where the individual is a prostitute, give written notice of the cancellation to any person who,
according to the information which has been supplied to the Registrar by that prostitute at the
time that notification is received makes arrangements for the provision of prostitution services
by that prostitute; and
(c) notify the individual in writing of the cancellation, specifying in the notification the conviction or
convictions in question.
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"(2) For the purposes of subsection (1) the Registrar may from time to time request the Commissioner of Police
to issue a criminal record in respect of a person whom the Registrar suspects has been convicted of a
relevant offence within the meaning of section 19B(4).
"(3) A notice under subsection (1)(a) shall require the person on whom it is served to surrender the certificate to
the Registrar not later than 14 days after the date on which the notice is served, and a person who fails to
comply with this requirement is guilty of an offence.
Penalty: $2,000.".
Debate ensued.
Mr Manzie moved - That the question be now put.
Question - That the question be now put - put and passed.
Question - That the proposed new clauses 19, 19A, 19B, 19C and 19D be inserted in the Bill - put and negatived.
Clause 20 read.
Debate ensued.
On the motion of Mr Manzie the following amendment was agreed to -
Insert after subclause (1)(e) the following:
"(f) to liaise or consult with persons who, or bodies, groups or associations that, the Board considers may
assist it in carrying out its functions.".
Clause 20, as amended, agreed to.
Clause 21 read.
Mr Bell, by leave, moved the following amendments together -
Omit "of the Board" wherever occurring; and
Insert in subclause (1) after "Public Service Act" the words "and who appears to that Minister to have experience or
expertise in the field of community welfare".
Debate ensued.
Amendments withdrawn, by leave.
Clause 21 agreed to, after further debate.
Mr Bell, by leave, moved - That the following proposed new clauses be taken together and inserted in the Bill -
"21A. FUNCTIONS OF REGISTRAR
"In addition to any other functions conferred by this Act, the Registrar shall -
(a) report to the Minister, within 12 months from the date of commencement of this Act, in respect of the
operation during that period of the Act, and including any recommendations he or she may make
concerning prostitution in the Territory;
(b) collect information about prostitution;
(c) advise prostitutes of acceptable work practices;
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(d) provide prostitutes with information as to their rights in relation to their work including, but not
limited to, information in respect of taxation, trade unions, and superannuation matters.
"21B. MINISTER TO LAY REPORT BEFORE ASSEMBLY
"The Minister shall, upon receipt of a report referred to in clause 21A (a), lay a copy of that report before the Assembly.".
Debate ensued.
Proposed new clauses negatived.
Clause 22 read.
On the motion of Mr Manzie the following amendment was agreed to, after debate -
Omit from subclause (1)(d) "or business partner" and substitute ", homosexual partner, business partner or business
associate".
Clause 22, as amended, agreed to, after further debate.
Clause 23 agreed to, after debate.
Clause 24 agreed to.
Clauses 25 and 26, by leave, taken together, and agreed to.
Clause 27 read.
On the motion of Mr Manzie the following amendment was agreed to, after debate -
Omit from subclause (2) all words after "prostitution services" and insert in their stead ", matters concerning their
health and welfare and the health and welfare of the community generally.".
Clause 27, as amended, agreed to.
Clauses 28 to 32, by leave, taken together and agreed to, after debate.
Clause 33 read.
On the motion of Mr Manzie the following amendment was agreed, after debate -
Omit from subclause (4) all words after "to a person" and insert in their stead "any information -
(a) where, in the opinion of the Board, the disclosure of the information -
(i) may prejudice the conduct of an investigation by a member of the Police Force;
(ii) may prejudice the proper administration of the law;
(iii) may reveal the identity of an informant;
(iv) may endanger the life or well being of a person; or
(v) may disclose procedures for preventing, detecting or investigating offences; or
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(b) which the Board, in its absolute discretion, regards as having been communicated to the Board
on a confidential basis.".
Clause 33, as amended, agreed to.
Clause 34 agreed to, after debate.
Clause 35 read.
On the motion of Mr Manzie the following subsection was added -
"(6) Where a decision of the Board cancelling an operator's licence is quashed by the Tribunal on appeal, the
cancellation of a manager's licence by the Board under section 29(5) on the cancellation of the operator's
licence is revoked and the manager's licence is re-instated as if the Board had not exercised its power
under that subsection.".
Clause 35, as amended, agreed to.
Clauses 36 to 38, by leave, taken together and agreed to.
Clause 39 read.
On the motion of Mr Manzie the following amendment was agreed to -
Omit from clause (4)(a) "the particulars" and insert in their stead "the prescribed particulars".
On the motion of Mr Manzie the following subsection was added -
"(7) For the purposes of subsection (3), where the licensee of the operator's licence under consideration is the holder
of one or more other operator's licences, the total number of persons by whom it is intended that prostitution
services should be provided under that licence and the other licence or licences shall be taken into account in
determining whether, for the purposes of the licence under consideration, the number of persons exceeds 3.".
Clause 39, as amended, agreed to, after debate.
Clauses 40 to 48, by leave, taken together and agreed to.
Clause 49 agreed to.
On the motion of Mr Manzie the following new clause was inserted in the Bill, after debate -
"49A. POWER OF POLICE TO ENTER CERTAIN PREMISES
"(1) In this section 'authorised member' means a member of the Police Force authorised in writing by the
Commissioner of Police or a member of the Police Force of or above the rank of Sergeant.
"(2) An authorised member may, at any time, enter premises which are or are reported to be, or which are
reasonably believed to be, a brothel.
"(3) An authorised member may, at any time, enter and inspect premises from which the holder of an operator's
licence carries on an escort agency business for the purpose of -
(a) ascertaining whether the provisions of this Act are being complied with;
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(b) ascertaining whether the conditions or restrictions, if any, of the operator's licence or any manager's
licence in respect of the escort agency business are being complied with; or
(c) investigating a complaint on a request by the Board made of the Commissioner of Police under
section 20(1)(d).
"(4) If an authorised member demands entry to premises under the power conferred by this section and entry is
refused or delayed for such a time as to make it appear that wilful delay is intended, the authorised member
may break into the premises and, for that purpose, may use such force as is necessary.
"(5) A person who prevents, hinders or obstructs an authorised member entering premises under the power conferred
by this section or from exercising the authorised member's powers under this section is guilty of an offence.
Penalty: $5,000 or imprisonment for 2 years.
"(6) Where an authorised member enters premises under the power conferred by this section, the Commissioner of
Police shall, as soon as practicable, but in any event not later than 48 hours after the exercise of the power, serve
a notice, in the prescribed form, on the Chairman of the Board giving details of thecircumstances of the exercise
of the power.".
Clauses 50 to 52, by leave, taken together and agreed to.
Clause 53 agreed to.
Schedule read.
Mr Bell moved the following amendment -
Omit "3 years" in clause 1(2) and insert in its stead "2 years".
Amendment negatived.
Schedule agreed to.
Title agreed to.
Bill to be reported with amendments.
Criminal Code Amendment Bill (No.3) 1991 (Serial 115):
Bill, by leave, taken as a whole.
Question - That the Bill stand as printed - put.
Debate ensued.
Question - put.
The Committee divided (the Chairman, Mr Poole, in the Chair) -
AYES, 14 NOES, 7
Mr Collins Mr Bailey
Mr Coulter Mr Bell
Mr Dondas Mr Cartwright
Mr Finch Mrs Hickey
Mr Hatton Mr Lanhupuy
Mr Manzie Mr Parish
Mr McCarthy Mr Stirling
Mr Ortmann
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Mr Palmer
Mr Perron
Mr Poole
Mr Reed
Mr Setter
Mr Stone
And so it was resolved in the affirmative.
Bill to be reported without amendment.
Summary Offences Amendment Bill 1991 (Serial 116):
Bill, by leave, taken as a whole and agreed to.
Bill to be reported without amendment.
____________________
The Speaker (Mr Dondas) resumed the Chair; the Chairman (Mr Poole) reported that the Committee had considered the Bills and
agreed to the Prostitution Regulation Bill 1991 (Serial 114) with amendments; and the Criminal Code Amendment Bill (No.3) 1991
(Serial 115) and the Summary Offences Amendment Bill 1991 (Serial 116) without amendment; and the report was adopted.
The Attorney-General (Mr Manzie) moved - That the Bills be now read a third time.
Debate ensued.
Question - put and passed.
The Bills were read a third time and passed to be proposed laws.
9. ADJOURNMENT:
The Leader of Government Business (Mr Setter) moved - That the Assembly do now adjourn.
Debate ensued.
Question - put and passed.
The Assembly adjourned at 2.47 a.m. until today at 10.00 a.m.
====================
ATTENDANCE:
All Members attended the sitting except Mr Vale, on leave.
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Last updated: 04 Aug 2016