Minutes of Proceedings - 1991-11-18
Sixth Assembly First Session 12/11/1991 Parliamentary Record No. 7
__________________________________________________________________________________
Date : 18/11/1991__________________________________________________________________________________
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 Manzie: To present the Tobacco Bill 1991 (Serial 118).
Mr Finch: To present the Water Bill 1991 (Serial 110).
Mr Ortmann: To present the Pastoral Land Bill 1991 (Serial 105).
Mr Ortmann: To present the Crown Lands Bill 1991 (Serial 106).
Mr Ede: To move -
That, pursuant to Standing Order 251, there be laid on the Table the following documents -
(1) the Partnership Deed concerning the Yulara Development Corporation between Investnorth and the
Commonwealth Trading Bank; the National Commercial Banking Corporation; National Westminster
Finance; Capel Court; Beneficial Finance Corporation; James Hardie Finance, and any trust deeds
entered into by one or more of the parties as a result;
(2) all financial projections and reports produced by, for or on behalf of Investnorth Limited, Investnorth
Management Pty Ltd and Investnorth Trust hereinafter referred to as "Investnorth") or any of their
officers, since Investnorth's inception;
(3) any correspondence between the Territory Government and the substantial shareholders in Yulara
Development Company Proprietary Limited, namely the Territory Insurance Office, Henry and
Walker Pty Ltd and National Mutual Royal Bank concerning any Territory Government undertakings
or guarantees concerning profits or returns to the shareholders;
(4) the terms of the Cabinet approval of the establishment of Investnorth, including any conditions or
limitations on the authority of Investnorth to act as agent of the Territory Government;
(5) any correspondence between the Chief Minister, Treasurer or Attorney-General, or their Departments,
and Investnorth concerning the terms of any express or implied authority for Investnorth to act on
behalf of the Territory Government;
(6) any correspondence between the Territory Government, or any of its agents or authorities and
the Manolas Companies concerning the terms of the lease of the Darwin Sheraton site and any returns
or profits for the Manolas Companies;
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(7) all correspondence between the Territory Government and Investnorth since its inception;
(8) all correspondence between the Yulara Development Company Limited, Investnorth Management
Pty Ltd and its auditors, Pannell Kerr Forster concerning the accounts;
(9) any correspondence between the Treasury, the Treasurer and the Chief Minister and his Department
concerning the Territory Government's financial exposure through the activities of Investnorth;
(10) any correspondence between the Territory Loans Management Corporation, Treasury, the
Treasurer, the Chief Minister and his Department concerning the financial status of any loans or
financial arrangements entered into by Investnorth;
(11) all correspondence and supporting documentation detailing agreements entered into by
Investnorth and the State Bank of South Australia and National Australia Limited concerning the
financing of the Alice Springs Sheraton; and
(12) copies of the following reports, if they are not already covered:
(a) Operations and Market Positioning Analysis of the Sheraton by Pannell Kerr and Forster in 1989;
(b) Report on Expanded Visitor Activities at Yulara by Gillam in 1989;
(c) Yulara Market Research Surveys by AGB-McNair in 1990;
(d) Economic Benefits Study of Yulara by Pannell Kerr Forster in 1991; and
(e) Hotel Sales Report by Finch-Freeman on Yulara in 1991.
Mr Ede: To move - That -
(1) This Assembly requests the Treasurer to undertake a detailed analysis of the effect the
Goods and Services Tax as proposed by the Federal Opposition would have on the Northern Territory
and report to the Legislative Assembly, as soon as possible, but not later than 30 June 1992;
(2) The Treasurer include in the study a detailed analysis of the potential impact of the tax on:
(a) each of the industry sectors described in the Northern Territory input/output table
conducted by the Centre for South Australian Economic Studies;
(b) recipients of Welfare-type benefits in urban and rural locations;
(c) people employed under the Community Development Employment Programme;
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(d) part-time business people such as market stall operators, weekend fishermen and
horticulturists;
(e) Northern Territory Government sector revenue raising; and
(f) the Racing and Gaming Industry;
(3) The Study, amongst other things, include an analysis of:
(a) compliance costs, both initial and ongoing, taking particular account of the difficulty
often experienced by Aboriginal and ethnic business people in form filling and
compliance with "red tape";
(b) the impact of freight costs on residents in urban and isolated Territory communities;
(c) the flow on effect of any inflationary surge that may follow; and
(d) matters of equity between people on different income levels, in different age brackets
and for various sized families, taking account of those living in different degrees of
isolation; and
(4) The Report include any data, calculations and external reports commissioned and, if the Legislative Assembly
be not sitting when the Report is completed, the Report be made public and a copy be forwarded to each Member
of the Assembly.
Mr Bailey: To move - That -
The following matter be referred to the Public Accounts Committee for inquiry and report: An examination of the State Square Project
with particular reference to -
(a) original tendering procedures;
(b) the role and responsibility of the Department of Transport and Works;
(c) the role and responsibility of the Private Sector Project Manager;
(d) the cost of the project including projections of Final Cost;
(e) the proportion of work allocated to local businesses; and
(f) whether the matters raised in the Auditor-General's 1989-90 Report warrant further action.
4. QUESTIONS:
Questions were asked of Ministers.
Paper tabled: The Minister for Industries and Development (Mr Hatton) laid on the Table the following Paper -
. "Tourism - is it the right business for me?", published by the Department of Industries and Development and
N.T. Tourism Industry Training Council, dated October 1991.
Further questions were asked of Ministers.
Page 245
A supplementary answer was given by the Chief Minister (Mr Perron) to a question asked by the Member for Greatorex (Mr Collins) last week.
5. GULF REGION LAND USE - PAPER TABLED - MOTION TO NOTE PAPER:
The Minister for Lands and Housing (Mr Ortmann) laid on the Table the Gulf Region Land Use and Development Study 1991 by the Department of Lands and Housing.
Mr Ortmann made a statement relating thereto.
Mr Ortmann moved - That the Assembly take note of the Paper.
Debate ensued.
____________________
Suspension of sitting: The sitting was suspended between 11.51 a.m. and 2.00 p.m.
____________________
Debate continued.
On the motion of the Leader of the Opposition (Mr Ede) debate was adjourned.
6. SMALL BUSINESS IN THE NORTHERN TERRITORY - PAPERS TABLED - PAPERS NOTED:
The Minister for Industries and Development (Mr Hatton) laid on the Table the following Papers -
. "Small Business in Australia" - First Annual Report, Department of Industry, Technology and Commerce; and
. Report on Small Business in the Northern Territory, Department of Industries and Development, dated October 1991.
Mr Hatton made a statement relating thereto.
Mr Hatton moved - That the Assembly take note of the Papers.
Debate ensued.
The Leader of the Opposition (Mr Ede) moved the following amendment -
Omit all words after "That" and insert in their stead:
"the Government expedite:
(1) the establishment of a non-compulsory "One Stop Shop" system of centralised billing for all Northern
Territory and Local Government Charges with a view to its introduction by 1 July 1992; and
(2) the review of Tenancy Legislation as promised by the Northern Territory Government two years ago
following the Opposition's proposal to legislate to prevent standover tactics by some landlords in
demanding exorbitant "goodwill" payments when leases are being renegotiated.".
Debate continued.
Question - That the amendment be agreed to - put.
The Assembly divided (the Speaker, Hon. N.M. Dondas, in the Chair) -
AYES, 9 NOES, 15
Mr Bailey Mr Collins
Mr Bell Mr Coulter
Mr Cartwright Mr Dondas
Mr Ede Mr Finch
Mrs Hickey Mr Hatton
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Mr Lanhupuy Mr Manzie
Mr Smith Mr McCarthy
Mr Stirling Mr Ortmann
Mr Tipiloura Mr Palmer
Mr Perron
Mr Poole
Mr Reed
Mr Setter
Mr Stone
Mr Vale
Amendment negatived accordingly.
Question - That the Assembly take note of the Papers - put and passed.
7. FURTHER NOTICE:
The following further notice was given, by leave:
Mr Finch: To present the Mining Amendment Bill (No.3) 1991 (Serial 111).
8. MATTER OF PUBLIC IMPORTANCE - PUBLIC EDUCATIONAL FACILITIES:
The Speaker informed the Assembly that the Member for Macdonnell (Mr Bell) had proposed that the following definite matter of public importance be
submitted to the Assembly for discussion this day:
"the Government's arrogant and historically unprecedented alienation of public educational facilities."
And the proposed discussion having received the necessary support -
The Speaker called on Mr Bell to address the Assembly.
Discussion ensued.
Point of order: Mr Bell raised a point of order regarding the use of the word "hypocritical" by the Attorney-General (Mr Manzie) during the discussion.
Ruling of Speaker: The Speaker ruled that there was no point of order.
Dissent from Speaker's ruling: Mr Bell, pursuant to Standing Order 82, moved dissent from the Speaker's ruling.
Debate ensued.
Question - put and negatived.
Discussion continued.
Discussion concluded.
9. PERSONAL EXPLANATION:
The Member for Macdonnell (Mr Bell), by leave, made a personal explanation in relation to comments made by the Attorney-General (Mr Manzie) during
discussion of the Matter of Public Importance.
10. PROSTITUTION REGULATION BILL 1991 (Serial 114); CRIMINAL CODE AMENDMENT BILL (No.3) 1991 (Serial 115); and
SUMMARY OFFENCES AMENDMENT BILL 1991 (Serial 116):
Suspension of Standing Orders - Take three Bills together:
The Attorney-General (Mr Manzie) moved - That so much of Standing Orders be suspended as would prevent three Bills, the Prostitution Regulation Bill 1991 (Serial 114);
the Criminal Code Amendment Bill (No.3) 1991 (Serial 115); and the Summary Offences Amendment Bill 1991 (Serial 116) -
(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
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(b) the consideration of the Bills separately in Committee of the Whole.
Question - put and passed - there being an absolute majority of the whole number of Members present and no dissentient voice.
Mr Manzie, pursuant to notice, presented a Bill for an Act to make provision with respect to prostitution, to establish a licensing system for escort agency businesses,
and for related purposes; a Bill for an Act to amend the Criminal Code; and a Bill for an Act to amend the Summary Offences Act.
Bills read a first time.
Mr Manzie moved - That the Bills be now read a second time.
On the motion of the Member for Macdonnell (Mr Bell) debate was adjourned.
11. CRIMINAL CODE AMENDMENT BILL (No.4) 1991 (Serial 117):
The Attorney-General (Mr Manzie), pursuant to notice, presented a Bill for an Act to amend the Criminal Code.
Bill read a first time.
Mr Manzie moved - That the Bill be now read a second time.
On the motion of the Member for Macdonnell (Mr Bell) debate was adjourned.
12. TAXATION (ADMINISTRATION) AMENDMENT BILL (No.2) 1991 (Serial 96); and STAMP DUTY AMENDMENT BILL (No.2) 1991 (Serial 97):
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 - That the Bills be now read a second time - put.
The Assembly divided (the Speaker, Hon. N.M. Dondas, in the Chair) -
AYES, 13 NOES, 7
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 Stirling
Mr Perron
Mr Poole
Mr Reed
Mr Setter
Mr Stone
Mr Vale
And so it was resolved in the affirmative.
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
(Chairman - Mr Poole)
Taxation (Administration) Amendment Bill (No.2) 1991 (Serial 96):
Clause 1 agreed to.
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On the motion of the Treasurer (Mr Coulter) the following new clause was inserted in the Bill, after debate -
"1A. COMMENCEMENT
"This Act shall come into operation on 1 January 1992.".
Clause 2 agreed to.
Clause 3 read.
On the motion of Mr Coulter the following amendment was agreed to, after debate -
Insert, after "lease" in the definition of conveyance", the words "or patent".
On the motion of Mr Coulter the following further amendment was agreed to, after debate -
Insert, in the definition of "dutiable property" after paragraph (e), the following:
"(ea) a patent, a registered design or a copyright;".
On the motion of Mr Coulter the following further amendment was agreed to, after debate -
Insert, in paragraph (f) of the definition of dutiable property" after "amounts to", "or has the same effect as".
On the motion of Mr Coulter the following further amendment was agreed to, after debate -
Insert, in paragraph (h) of the definition of dutiable property" after "conveyed", ", acquired or created".
Clause 3, as amended, agreed to.
On the motion of Mr Coulter the following new clause was inserted in the Bill, after debate -
"3A. NEW SECTION
"The Principal Act is amended by inserting, after section 9B, the following:
'9BA. APPORTIONMENT
'Where, in the opinion of the Commissioner, dutiable property is wholly or partly situated in the
Territory or is wholly or partly related to a business undertaking carried on in the Territory, stamp
duty shall be assessed in respect of that proportion of the dutiable property situated in the Territory
or related to the business undertaking carried on in the Territory.'.".
Clauses 4 to 7, by leave, taken together and agreed to.
Clause 8 read.
On the motion of Mr Coulter the following amendment was agreed to, after debate -
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Omit from paragraph (a) "dutiable property" and insert in its stead "dutiable property or causes or
results in dutiable property being acquired or created".
Clause 8, as amended, agreed to.
Clause 9 read.
On the motion of Mr Coulter the following amendment was agreed to, after debate -
Omit from paragraph (b) '"the dutiable property."' and insert in its stead "the dutiable
property; and (c) by inserting in subsections (3)(a), 3(c)(ii) and (4)(a), after 'beneficial
ownership', the words 'or an acquisition or creation of dutiable property'.".
Clause 9, as amended, agreed to.
Clause 10 agreed to.
On the motion of Mr Coulter the following new clause was inserted in the Bill -
"10A. CONSEQUENTIAL AMENDMENTS
"Sections 83D(2) and 83F(1)(a) are amended by inserting, after 'beneficial ownership', the words 'or
an acquisition or creation of dutiable property'.".
Remainder of the Bill, by leave, taken as a whole and agreed to.
Bill to be reported with amendments.
Stamp Duty Amendment Bill (No.2) 1991 (Serial 97):
Clauses 1 to 5, by leave, taken together and agreed to.
Clause 6 read.
On the motion of Mr Coulter the following amendment was agreed to -
Insert, in proposed Item 33 after "amounts to", "or has the same effect as".
On the motion of Mr Coulter the following further amendment was agreed to, after debate -
Insert, after proposed Item 33A, the following:
"33B. Grant of an estate in freehold or other lesser estates in land from the Crown.
"33C. Transfer under the Petroleum Act, the Energy Pipelines Act, the Petroleum (Submerged Lands) Act or
the Petroleum (Prospecting and Mining) Act of a lease, licence, permit or other authority, or any agreement
to make such a transfer.".
Clause 6, 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 Poole) reported that the Committee had considered the Bills and agreed to the same
with amendments to each Bill; and the report was adopted.
On the motion of the Treasurer (Mr Coulter) the Bills were read a third time and passed to be proposed laws.
13. LOCAL COURT AMENDMENT BILL 1991 (Serial 99):
The order of the day having been read for the resumption of the debate on the question - That the Bill be now read a second time -
Debate resumed.
Question - put and passed.
Bill read a second time.
The Assembly, according to Order, resolved itself into Committee of the Whole for the consideration of the Bill.
____________________
In the Committee
(Deputy Chairman - Mr Collins)
Bill, by leave, taken as a whole.
On the motion of the Attorney-General (Mr Manzie) the following amendment was agreed to -
Omit from Clause 8, proposed section 16(4), "appeal" and insert in its stead "apply for a rehearing".
On the motion of the Member for Macdonnell (Mr Bell), by leave, the following amendment was agreed to, after debate -
Insert in Clause 10, proposed section 21(2)(h), before "does not comply with the Order", the word "wilfully".
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.
14. STATUTE LAW (MISCELLANEOUS AMENDMENTS) BILL 1991 (Serial 101):
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.
15. FURTHER NOTICE:
The following further notice was given, by leave:
Mr Ortmann: To present the Cullen Bay Marina Development Bill 1991 (Serial 119).
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16. ADJOURNMENT:
The Minister for Primary Industry and Fisheries (Mr Reed) moved - That the Assembly do now adjourn.
Debate ensued.
Question - put and passed.
The Assembly adjourned at 11.56 p.m. until tomorrow at 10.00 a.m.
====================
PAPERS:
The following Papers were deemed to have been presented on Monday 18 November 1991:
Agreements and Determinations:
Prisons (Arbitral Tribunal) Act - Senior Prison Officers
Arbitral Determination No.3 - Determination T.10 of 1991, dated 11 November 1991
Annual Reports:
Aboriginal Areas Protection Authority, 1990-91
Listening Devices Act, 1990-91
Racing, Gaming and Liquor Commission, 1990-91
Surveyors Board of the Northern Territory, 1990-91
By-Laws:
Amendment of Public Service (Terms and Conditions of Service) By-laws
Community Government Scheme:
Daguragu.
====================
ATTENDANCE:
All Members attended the sitting.
Page 252
__________________________________________________________________________________
Date : 18/11/1991
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 Manzie: To present the Tobacco Bill 1991 (Serial 118).
Mr Finch: To present the Water Bill 1991 (Serial 110).
Mr Ortmann: To present the Pastoral Land Bill 1991 (Serial 105).
Mr Ortmann: To present the Crown Lands Bill 1991 (Serial 106).
Mr Ede: To move -
That, pursuant to Standing Order 251, there be laid on the Table the following documents -
(1) the Partnership Deed concerning the Yulara Development Corporation between Investnorth and the
Commonwealth Trading Bank; the National Commercial Banking Corporation; National Westminster
Finance; Capel Court; Beneficial Finance Corporation; James Hardie Finance, and any trust deeds
entered into by one or more of the parties as a result;
(2) all financial projections and reports produced by, for or on behalf of Investnorth Limited, Investnorth
Management Pty Ltd and Investnorth Trust hereinafter referred to as "Investnorth") or any of their
officers, since Investnorth's inception;
(3) any correspondence between the Territory Government and the substantial shareholders in Yulara
Development Company Proprietary Limited, namely the Territory Insurance Office, Henry and
Walker Pty Ltd and National Mutual Royal Bank concerning any Territory Government undertakings
or guarantees concerning profits or returns to the shareholders;
(4) the terms of the Cabinet approval of the establishment of Investnorth, including any conditions or
limitations on the authority of Investnorth to act as agent of the Territory Government;
(5) any correspondence between the Chief Minister, Treasurer or Attorney-General, or their Departments,
and Investnorth concerning the terms of any express or implied authority for Investnorth to act on
behalf of the Territory Government;
(6) any correspondence between the Territory Government, or any of its agents or authorities and
the Manolas Companies concerning the terms of the lease of the Darwin Sheraton site and any returns
or profits for the Manolas Companies;
Page 243
(7) all correspondence between the Territory Government and Investnorth since its inception;
(8) all correspondence between the Yulara Development Company Limited, Investnorth Management
Pty Ltd and its auditors, Pannell Kerr Forster concerning the accounts;
(9) any correspondence between the Treasury, the Treasurer and the Chief Minister and his Department
concerning the Territory Government's financial exposure through the activities of Investnorth;
(10) any correspondence between the Territory Loans Management Corporation, Treasury, the
Treasurer, the Chief Minister and his Department concerning the financial status of any loans or
financial arrangements entered into by Investnorth;
(11) all correspondence and supporting documentation detailing agreements entered into by
Investnorth and the State Bank of South Australia and National Australia Limited concerning the
financing of the Alice Springs Sheraton; and
(12) copies of the following reports, if they are not already covered:
(a) Operations and Market Positioning Analysis of the Sheraton by Pannell Kerr and Forster in 1989;
(b) Report on Expanded Visitor Activities at Yulara by Gillam in 1989;
(c) Yulara Market Research Surveys by AGB-McNair in 1990;
(d) Economic Benefits Study of Yulara by Pannell Kerr Forster in 1991; and
(e) Hotel Sales Report by Finch-Freeman on Yulara in 1991.
Mr Ede: To move - That -
(1) This Assembly requests the Treasurer to undertake a detailed analysis of the effect the
Goods and Services Tax as proposed by the Federal Opposition would have on the Northern Territory
and report to the Legislative Assembly, as soon as possible, but not later than 30 June 1992;
(2) The Treasurer include in the study a detailed analysis of the potential impact of the tax on:
(a) each of the industry sectors described in the Northern Territory input/output table
conducted by the Centre for South Australian Economic Studies;
(b) recipients of Welfare-type benefits in urban and rural locations;
(c) people employed under the Community Development Employment Programme;
Page 244
(d) part-time business people such as market stall operators, weekend fishermen and
horticulturists;
(e) Northern Territory Government sector revenue raising; and
(f) the Racing and Gaming Industry;
(3) The Study, amongst other things, include an analysis of:
(a) compliance costs, both initial and ongoing, taking particular account of the difficulty
often experienced by Aboriginal and ethnic business people in form filling and
compliance with "red tape";
(b) the impact of freight costs on residents in urban and isolated Territory communities;
(c) the flow on effect of any inflationary surge that may follow; and
(d) matters of equity between people on different income levels, in different age brackets
and for various sized families, taking account of those living in different degrees of
isolation; and
(4) The Report include any data, calculations and external reports commissioned and, if the Legislative Assembly
be not sitting when the Report is completed, the Report be made public and a copy be forwarded to each Member
of the Assembly.
Mr Bailey: To move - That -
The following matter be referred to the Public Accounts Committee for inquiry and report: An examination of the State Square Project
with particular reference to -
(a) original tendering procedures;
(b) the role and responsibility of the Department of Transport and Works;
(c) the role and responsibility of the Private Sector Project Manager;
(d) the cost of the project including projections of Final Cost;
(e) the proportion of work allocated to local businesses; and
(f) whether the matters raised in the Auditor-General's 1989-90 Report warrant further action.
4. QUESTIONS:
Questions were asked of Ministers.
Paper tabled: The Minister for Industries and Development (Mr Hatton) laid on the Table the following Paper -
. "Tourism - is it the right business for me?", published by the Department of Industries and Development and
N.T. Tourism Industry Training Council, dated October 1991.
Further questions were asked of Ministers.
Page 245
A supplementary answer was given by the Chief Minister (Mr Perron) to a question asked by the Member for Greatorex (Mr Collins) last week.
5. GULF REGION LAND USE - PAPER TABLED - MOTION TO NOTE PAPER:
The Minister for Lands and Housing (Mr Ortmann) laid on the Table the Gulf Region Land Use and Development Study 1991 by the Department of Lands and Housing.
Mr Ortmann made a statement relating thereto.
Mr Ortmann moved - That the Assembly take note of the Paper.
Debate ensued.
____________________
Suspension of sitting: The sitting was suspended between 11.51 a.m. and 2.00 p.m.
____________________
Debate continued.
On the motion of the Leader of the Opposition (Mr Ede) debate was adjourned.
6. SMALL BUSINESS IN THE NORTHERN TERRITORY - PAPERS TABLED - PAPERS NOTED:
The Minister for Industries and Development (Mr Hatton) laid on the Table the following Papers -
. "Small Business in Australia" - First Annual Report, Department of Industry, Technology and Commerce; and
. Report on Small Business in the Northern Territory, Department of Industries and Development, dated October 1991.
Mr Hatton made a statement relating thereto.
Mr Hatton moved - That the Assembly take note of the Papers.
Debate ensued.
The Leader of the Opposition (Mr Ede) moved the following amendment -
Omit all words after "That" and insert in their stead:
"the Government expedite:
(1) the establishment of a non-compulsory "One Stop Shop" system of centralised billing for all Northern
Territory and Local Government Charges with a view to its introduction by 1 July 1992; and
(2) the review of Tenancy Legislation as promised by the Northern Territory Government two years ago
following the Opposition's proposal to legislate to prevent standover tactics by some landlords in
demanding exorbitant "goodwill" payments when leases are being renegotiated.".
Debate continued.
Question - That the amendment be agreed to - put.
The Assembly divided (the Speaker, Hon. N.M. Dondas, in the Chair) -
AYES, 9 NOES, 15
Mr Bailey Mr Collins
Mr Bell Mr Coulter
Mr Cartwright Mr Dondas
Mr Ede Mr Finch
Mrs Hickey Mr Hatton
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Mr Lanhupuy Mr Manzie
Mr Smith Mr McCarthy
Mr Stirling Mr Ortmann
Mr Tipiloura Mr Palmer
Mr Perron
Mr Poole
Mr Reed
Mr Setter
Mr Stone
Mr Vale
Amendment negatived accordingly.
Question - That the Assembly take note of the Papers - put and passed.
7. FURTHER NOTICE:
The following further notice was given, by leave:
Mr Finch: To present the Mining Amendment Bill (No.3) 1991 (Serial 111).
8. MATTER OF PUBLIC IMPORTANCE - PUBLIC EDUCATIONAL FACILITIES:
The Speaker informed the Assembly that the Member for Macdonnell (Mr Bell) had proposed that the following definite matter of public importance be
submitted to the Assembly for discussion this day:
"the Government's arrogant and historically unprecedented alienation of public educational facilities."
And the proposed discussion having received the necessary support -
The Speaker called on Mr Bell to address the Assembly.
Discussion ensued.
Point of order: Mr Bell raised a point of order regarding the use of the word "hypocritical" by the Attorney-General (Mr Manzie) during the discussion.
Ruling of Speaker: The Speaker ruled that there was no point of order.
Dissent from Speaker's ruling: Mr Bell, pursuant to Standing Order 82, moved dissent from the Speaker's ruling.
Debate ensued.
Question - put and negatived.
Discussion continued.
Discussion concluded.
9. PERSONAL EXPLANATION:
The Member for Macdonnell (Mr Bell), by leave, made a personal explanation in relation to comments made by the Attorney-General (Mr Manzie) during
discussion of the Matter of Public Importance.
10. PROSTITUTION REGULATION BILL 1991 (Serial 114); CRIMINAL CODE AMENDMENT BILL (No.3) 1991 (Serial 115); and
SUMMARY OFFENCES AMENDMENT BILL 1991 (Serial 116):
Suspension of Standing Orders - Take three Bills together:
The Attorney-General (Mr Manzie) moved - That so much of Standing Orders be suspended as would prevent three Bills, the Prostitution Regulation Bill 1991 (Serial 114);
the Criminal Code Amendment Bill (No.3) 1991 (Serial 115); and the Summary Offences Amendment Bill 1991 (Serial 116) -
(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
Page 247
(b) the consideration of the Bills separately in Committee of the Whole.
Question - put and passed - there being an absolute majority of the whole number of Members present and no dissentient voice.
Mr Manzie, pursuant to notice, presented a Bill for an Act to make provision with respect to prostitution, to establish a licensing system for escort agency businesses,
and for related purposes; a Bill for an Act to amend the Criminal Code; and a Bill for an Act to amend the Summary Offences Act.
Bills read a first time.
Mr Manzie moved - That the Bills be now read a second time.
On the motion of the Member for Macdonnell (Mr Bell) debate was adjourned.
11. CRIMINAL CODE AMENDMENT BILL (No.4) 1991 (Serial 117):
The Attorney-General (Mr Manzie), pursuant to notice, presented a Bill for an Act to amend the Criminal Code.
Bill read a first time.
Mr Manzie moved - That the Bill be now read a second time.
On the motion of the Member for Macdonnell (Mr Bell) debate was adjourned.
12. TAXATION (ADMINISTRATION) AMENDMENT BILL (No.2) 1991 (Serial 96); and STAMP DUTY AMENDMENT BILL (No.2) 1991 (Serial 97):
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 - That the Bills be now read a second time - put.
The Assembly divided (the Speaker, Hon. N.M. Dondas, in the Chair) -
AYES, 13 NOES, 7
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 Stirling
Mr Perron
Mr Poole
Mr Reed
Mr Setter
Mr Stone
Mr Vale
And so it was resolved in the affirmative.
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
(Chairman - Mr Poole)
Taxation (Administration) Amendment Bill (No.2) 1991 (Serial 96):
Clause 1 agreed to.
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On the motion of the Treasurer (Mr Coulter) the following new clause was inserted in the Bill, after debate -
"1A. COMMENCEMENT
"This Act shall come into operation on 1 January 1992.".
Clause 2 agreed to.
Clause 3 read.
On the motion of Mr Coulter the following amendment was agreed to, after debate -
Insert, after "lease" in the definition of conveyance", the words "or patent".
On the motion of Mr Coulter the following further amendment was agreed to, after debate -
Insert, in the definition of "dutiable property" after paragraph (e), the following:
"(ea) a patent, a registered design or a copyright;".
On the motion of Mr Coulter the following further amendment was agreed to, after debate -
Insert, in paragraph (f) of the definition of dutiable property" after "amounts to", "or has the same effect as".
On the motion of Mr Coulter the following further amendment was agreed to, after debate -
Insert, in paragraph (h) of the definition of dutiable property" after "conveyed", ", acquired or created".
Clause 3, as amended, agreed to.
On the motion of Mr Coulter the following new clause was inserted in the Bill, after debate -
"3A. NEW SECTION
"The Principal Act is amended by inserting, after section 9B, the following:
'9BA. APPORTIONMENT
'Where, in the opinion of the Commissioner, dutiable property is wholly or partly situated in the
Territory or is wholly or partly related to a business undertaking carried on in the Territory, stamp
duty shall be assessed in respect of that proportion of the dutiable property situated in the Territory
or related to the business undertaking carried on in the Territory.'.".
Clauses 4 to 7, by leave, taken together and agreed to.
Clause 8 read.
On the motion of Mr Coulter the following amendment was agreed to, after debate -
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Omit from paragraph (a) "dutiable property" and insert in its stead "dutiable property or causes or
results in dutiable property being acquired or created".
Clause 8, as amended, agreed to.
Clause 9 read.
On the motion of Mr Coulter the following amendment was agreed to, after debate -
Omit from paragraph (b) '"the dutiable property."' and insert in its stead "the dutiable
property; and (c) by inserting in subsections (3)(a), 3(c)(ii) and (4)(a), after 'beneficial
ownership', the words 'or an acquisition or creation of dutiable property'.".
Clause 9, as amended, agreed to.
Clause 10 agreed to.
On the motion of Mr Coulter the following new clause was inserted in the Bill -
"10A. CONSEQUENTIAL AMENDMENTS
"Sections 83D(2) and 83F(1)(a) are amended by inserting, after 'beneficial ownership', the words 'or
an acquisition or creation of dutiable property'.".
Remainder of the Bill, by leave, taken as a whole and agreed to.
Bill to be reported with amendments.
Stamp Duty Amendment Bill (No.2) 1991 (Serial 97):
Clauses 1 to 5, by leave, taken together and agreed to.
Clause 6 read.
On the motion of Mr Coulter the following amendment was agreed to -
Insert, in proposed Item 33 after "amounts to", "or has the same effect as".
On the motion of Mr Coulter the following further amendment was agreed to, after debate -
Insert, after proposed Item 33A, the following:
"33B. Grant of an estate in freehold or other lesser estates in land from the Crown.
"33C. Transfer under the Petroleum Act, the Energy Pipelines Act, the Petroleum (Submerged Lands) Act or
the Petroleum (Prospecting and Mining) Act of a lease, licence, permit or other authority, or any agreement
to make such a transfer.".
Clause 6, 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 Poole) reported that the Committee had considered the Bills and agreed to the same
with amendments to each Bill; and the report was adopted.
On the motion of the Treasurer (Mr Coulter) the Bills were read a third time and passed to be proposed laws.
13. LOCAL COURT AMENDMENT BILL 1991 (Serial 99):
The order of the day having been read for the resumption of the debate on the question - That the Bill be now read a second time -
Debate resumed.
Question - put and passed.
Bill read a second time.
The Assembly, according to Order, resolved itself into Committee of the Whole for the consideration of the Bill.
____________________
In the Committee
(Deputy Chairman - Mr Collins)
Bill, by leave, taken as a whole.
On the motion of the Attorney-General (Mr Manzie) the following amendment was agreed to -
Omit from Clause 8, proposed section 16(4), "appeal" and insert in its stead "apply for a rehearing".
On the motion of the Member for Macdonnell (Mr Bell), by leave, the following amendment was agreed to, after debate -
Insert in Clause 10, proposed section 21(2)(h), before "does not comply with the Order", the word "wilfully".
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.
14. STATUTE LAW (MISCELLANEOUS AMENDMENTS) BILL 1991 (Serial 101):
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.
15. FURTHER NOTICE:
The following further notice was given, by leave:
Mr Ortmann: To present the Cullen Bay Marina Development Bill 1991 (Serial 119).
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16. ADJOURNMENT:
The Minister for Primary Industry and Fisheries (Mr Reed) moved - That the Assembly do now adjourn.
Debate ensued.
Question - put and passed.
The Assembly adjourned at 11.56 p.m. until tomorrow at 10.00 a.m.
====================
PAPERS:
The following Papers were deemed to have been presented on Monday 18 November 1991:
Agreements and Determinations:
Prisons (Arbitral Tribunal) Act - Senior Prison Officers
Arbitral Determination No.3 - Determination T.10 of 1991, dated 11 November 1991
Annual Reports:
Aboriginal Areas Protection Authority, 1990-91
Listening Devices Act, 1990-91
Racing, Gaming and Liquor Commission, 1990-91
Surveyors Board of the Northern Territory, 1990-91
By-Laws:
Amendment of Public Service (Terms and Conditions of Service) By-laws
Community Government Scheme:
Daguragu.
====================
ATTENDANCE:
All Members attended the sitting.
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Last updated: 04 Aug 2016