Department of the Legislative Assembly, Northern Territory Government

Minutes of Proceedings - 1991-05-07

Sixth Assembly First Session 30/04/1991 Parliamentary Record No. 3
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Date : 07/05/1991
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1. MEETING:
The Assembly met at 10.00 a.m., pursuant to adjournment. The Speaker, the Honourable N.M. Dondas, took the Chair.

2. PRAYERS.

3. MESSAGE FROM THE ADMINISTRATOR:
The Speaker read the following message from His Honour the Administrator: Message No. 2

I, JAMES HENRY MUIRHEAD, the Administrator of the Northern Territory of Australia, in pursuance of section 11 of the
Northern Territory (Self-Government) Act 1978 of the Commonwealth, recommend to the Legislative Assembly a Bill for
an Act to make interim provision for the appropriation of money out of the Consolidated Fund for the service of the year
ending 30 June 1992.

Dated 26 April 1991.
(Sgd) J.H. MUIRHEAD
Administrator.

4. PETITION:
Mr Coulter presented a petition from 210 citizens of the Northern Territory requesting the Assembly to commence a bus service for
University Avenue, Driver, Palmerston.
Petition read.

5. QUESTIONS:
Questions were asked of Ministers.
Distinguished visitor - Mr C.C. Firmin: The Speaker informed the Assembly that Mr Colin Firmin, a former Member of the Legislative Assembly,
was present in the Gallery. The Speaker extended a warm welcome to Mr Firmin.
Further questions were asked of Ministers.
A supplementary answer was given by the Chief Minister (Mr Perron) to a question asked by the Member for Wanguri (Mr Bailey) earlier this day.

6. URANIUM MINING - MOTION, AS AMENDED, AGREED TO:
The Minister for Mines and Energy (Mr Coulter), by leave, moved - That -

(1) in the unanimous opinion of this Assembly, the Federal Government's Three Uranium Mine Policy should be abolished; and

(2) the Terms of this Resolution be forwarded to the Prime Minister by the Speaker forthwith.

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Papers tabled: Mr Coulter laid on the Table the following Papers -

. Australian Labor Party Review of its Uranium Policy, prepared by CRA Limited, Denison Australia Pty Ltd, Pancontinental Mining
Limited and Western Mining Corporation, dated March 1991.

. Report of the Uranium Policy Review Committee of the National Executive of the Australian Labor Party, dated 10 April 1991; and

. Supplementary Submission to the Australian Labor Party Review Committee on Uranium Policy by John Kerin, Minister for Primary Industries
and Energy, undated.

The Leader of the Opposition (Mr Ede) moved the following amendment -

Omit paragraph (1) and insert in its stead -

"(1) This Assembly -

(a) notes that it was the unanimous view of the Uranium Policy Review Committee of the National Executive of the Australian Labor Party that the ALP Three Mine Uranium
Policy is unsatisfactory; and

(b) is of the unanimous opinion that the Federal Government's Three Uranium Mine Policy should be abolished.".

Debate ensued.
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Suspension of sitting: The sitting was suspended between 11.58 a.m. and 2.00 p.m.
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Debate resumed.
Question - That the amendment moved by the Leader of the Opposition (Mr Ede) be agreed to - put.
The Assembly divided (the Speaker, Hon. N.M. Dondas, in the Chair) -

AYES, 7 NOES, 16

Mr Bailey Mr Collins
Mr Bell Mr Coulter
Mr Ede Mr Dondas
Mrs Hickey Mr Finch
Mr Lanhupuy Mr Hatton
Mr Smith Mr Manzie
Mr Stirling Mr McCarthy
Mr Ortmann
Mrs Padgham-Purich
Mr Palmer
Mr Perron
Mr Poole
Mr Reed

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Mr Setter
Mr Stone
Mr Vale

Amendment negatived accordingly.
The Member for Greatorex (Mr Collins), by leave, moved the following amendment -

Add at the end of paragraph (1) the following words -

"and replaced by a free market forces policy on uranium mining, subject to -

(a) guarantees that Australian uranium will be used solely for peaceful purposes;

(b) protection of the environment;

(c) protection of Aboriginal interests where mining occurs on their land;

(d) protection of the health and safety of workers; and

(e) maximisation of the benefits to Australia".

Question - That the amendment be agreed to - put and passed.
Question - That the motion, as amended, be agreed to - put and passed.

7. PETROLEUM (SUBMERGED LANDS) AMENDMENT BILL 1991 (Serial 49):
The Minister for Mines and Energy (Mr Coulter), pursuant to notice, presented a Bill for an Act to amend the Petroleum (Submerged Lands) Act.
Bill read a first time.
Mr Coulter moved - That the Bill be now read a second time.
On the motion of the Member for Wanguri (Mr Bailey) debate was adjourned.

8. DARWIN RATES AMENDMENT BILL 1991 (Serial 43):
The Minister for Sport, Recreation, Ethnic Affairs and Local Government (Mr Vale), pursuant to notice, presented a Bill for an Act to amend the Darwin Rates Act.
Bill read a first time.
Mr Vale moved - That the Bill be now read a second time.
On the motion of the Member for Arnhem (Mr Lanhupuy) debate was adjourned.

9. SUPPLY BILL 1991-92 (Serial 69):
The Treasurer (Mr Coulter), pursuant to Standing Order 230, presented a Bill for an Act to make interim provision
for the appropriation of money out of the Consolidated Fund for the service of the year ending 30 June 1992.
Bill read a first time.
Mr Coulter moved - That the Bill be now read a second time.
On the motion of the Leader of the Opposition (Mr Ede) debate was adjourned.

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10. SUSPENSION OF STANDING ORDERS - PASS SEVEN BILLS THROUGH ALL STAGES:
The Treasurer (Mr Coulter) moved - That so much of Standing Orders be suspended as would prevent the Pay-roll Tax Amendment Bill 1991 (Serial 50);
the Business Franchise Amendment Bill 1991 (Serial 51); the Financial Institutions Duty Amendment Bill 1991 (Serial 52); the Stamp Duty Amendment Bill
1991 (Serial 55); the Taxation (Administration) Amendment Bill 1991 (Serial 56); the Territory Loans Management Corporation Bill 1991 (Serial 54); and
the Supply Bill 1991-92 (Serial 69), passing through all stages at these sittings.
Question - put and passed - there being an absolute majority of the whole number of Members present and no dissentient voice.

11. BUSINESS POSTPONED:
The Leader of Government Business (Mr Setter) moved - That Government Business, Order of the Day No. 2 relating to the Commercial Passenger (Road)
Transport Bill 1991 (Serial 26) and the Motor Vehicles Amendment Bill 1991 (Serial 32) be postponed until the next sitting day.
Question - put and passed.

12. NOTICES:
The following notices were given, by leave:
Mr Manzie: To present the De Facto Relationships Bill 1991 (Serial 42).
Mr Manzie: To present the Criminal Code Amendment Bill (No. 2) 1991 (Serial 48).
Mr Manzie: To present the Registration Amendment Bill 1991 (Serial 57).
Mr Manzie: To present the Registration (Consequential Amendments) Bill 1991 (Serial 58).
Mr Manzie: To present the Justices Amendment Bill 1991 (Serial 59).
Mr Manzie: To present the Justices Amendment Bill (No. 2) 1991 (Serial 60).
Mr Manzie: To present the Valuation of Land Amendment Bill (No. 2) 1991 (Serial 64).
Mr Manzie: To present the Water Supply and Sewerage Amendment Bill 1991 (Serial 63).
Mr Manzie: To present the Local Government Amendment Bill 1991 (Serial 62).
Mr Manzie: To present the Real Property Amendment Bill (No. 2) 1991 (Serial 61).

13. ROYAL COMMISSION INTO ABORIGINAL DEATHS IN CUSTODY, NORTHERN TERRITORY REPORTS -
PAPERS TABLED - MOTION TO NOTE PAPERS:
The Chief Minister (Mr Perron) laid on the Table the following Papers -

. Report of the Inquiry into the Death of the Man who Died at the Royal Darwin Hospital on 2 April 1987, (NT/10);
. Report of the Inquiry into the Death of the Man who Died at Katherine on 21 November 1984, (NT/5);
. Report of the Inquiry into the Death of Jabanardi (at Ti Tree), (NT/2);
. Report of the Inquiry into the Death of Jambajimba, (NT/1); and
. Report of the Inquiry into the Death of Burralangi, (NT/11).

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Mr Perron moved - That the Assembly take note of the Papers.
Debate ensued.
On the motion of the Leader of the Opposition (Mr Ede) debate was adjourned.

14. LEAVE OF ABSENCE:
The Member for Macdonnell (Mr Bell) moved - That leave of absence be granted to the Member for Victoria River (Mr Cartwright) for the remainder of these
sittings due to his attending parliamentary business overseas.
Question - put and passed.

15. PUBLIC SERVICE AMENDMENT BILL 1991 (Serial 34); RACING AND BETTING AMENDMENT BILL 1991 (Serial 35); RACING, GAMING AND LIQUOR
COMMISSION ACT REPEAL BILL 1991 (Serial 36); CASINO LICENSING AND CONTROL AMENDMENT BILL 1991 (Serial 37); LOTTERIES AND GAMING AMENDMENT BILL 1991 (Serial 38); TOTALIZATOR ADMINISTRATION AND BETTING AMENDMENT BILL 1991 (Serial 39); LIQUOR
AMENDMENT BILL1991 (Serial 40) and RACING COMMISSION BILL 1991 (Serial 41):
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 Leader of the Opposition (Mr Ede), by leave, laid on the Table the following Paper -

. Racing Act 1976, No. 104 of South Australia, Page 526.

Debate continued.
Question - put and passed.
Bills read a second time.
The Assembly, according to Order, resolved itself into a Committee of the Whole for the consideration of the Bill.
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In the Committee
(Chairman - Mr Poole)

Public Service Amendment Bill 1991 (Serial 34):

Bill, by leave, taken as a whole and agreed to.
Bill to be reported without amendment.

Racing and Betting Amendment Bill 1991 (Serial 35):

Bill, by leave, taken as a whole and agreed to.
Bill to be reported without amendment.

Racing, Gaming and Liquor Commission Act Repeal Bill 1991 (Serial 36):

Clauses 1 and 2, by leave, taken together and agreed to.
Clause 3 read.
On the motion of the Treasurer (Mr Coulter) the following amendment was agreed to -

Omit from clause 3(2) "hereby dissolved" and insert in its stead "deemed to have always been a prescribed authority within the
meaning of and for the purposes of the Public Service Act".

Clause 3, as amended, agreed to.
Clause 4 read.

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

Omit from clause 4(2) "dissolved by section 3(2)".

Clause 4, as amended, agreed to.
On the motion of Mr Coulter the following new clause was added to the Bill -

"5. ANNUAL REPORT AND FINANCIAL STATEMENTS

"For the purposes of section 68 of the Financial Administration and Audit Act -

(a) the annual report and financial statements of the Racing, Gaming and Liquor Commission in
respect of the financial year ending with 30 June 1991 shall be, or shall be caused to be, prepared and submitted in accordance with that section by the person who was,
immediately before the commencement of this Act, the Chairman of the Commission;
and

(b) the Minister referred to in that section shall be the Treasurer.".

Title agreed to.
Bill to be reported with amendments.

Casino Licensing and Control Amendment Bill 1991 (Serial 37):
Bill, by leave, taken as a whole.
On the motion of Mr Coulter the following amendment was agreed to, after debate -

Omit clause 5(a) and insert in its stead the following:

"(a) by omitting from subsection (1) 'Commission may appoint
such persons as it' and substituting 'Director may appoint
such persons as he'".

Bill, as amended, agreed to.
Bill to be reported with an amendment.

Lotteries and Gaming Amendment Bill 1991 (Serial 38):
Clauses 1 to 4, by leave, taken together and agreed to.
Clause 5 negatived.
On the motion of Mr Coulter the following new clause was inserted in the Bill -

"5. DELEGATIONS

Section 4 of the Principal Act is amended -

(a) by omitting from subsection (1) 'or a member or officer of the Commission' and substituting', a member of the Commission, the Director or a Treasury Gaming
Inspector appointed under the Casino Licensing and Control Act';

(b) by inserting in subsection (2) -

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(i) after 'Commission', the words 'or the Director'; and

(ii) after 'its', the words 'or his'; and

(c) by omitting from subsections (3) and (4) 'or the Commission' and substituting ', the
Commission or the Director'.".

Clause 6 read.
On the motion of Mr Coulter the following amendment was agreed to -

Omit from proposed section 4N(1)(b) "(other than under the Casino Licensing and Control Act)".

On the motion of Mr Coulter the following further amendment was agreed to -

Insert in clause 6 in proposed section 4N(1)(c) after"review", the words "and determine".

Clause 6, as amended, agreed to.
Clause 7 agreed to.
On the motion of Mr Coulter the following new clause was inserted in the Bill -

"7A. UNLAWFUL GAMES

"Section 42(2)(a) of the Principal Act is amended by omitting '100 km' and substituting '80 km'.".

Remainder of the Bill, by leave, taken as a whole and agreed to.
Bill to be reported with amendments.

Totalizator Administration and Betting Amendment Bill 1991 (Serial 39):
Bill, by leave, taken as a whole and agreed to.
Bill to be reported without amendment.

Liquor Amendment Bill 1991 (Serial 40):
Bill, by leave, taken as a whole.
The Leader of the Opposition (Mr Ede) moved the following amendment -

Omit from clause 5, in proposed section 13C, the words "otherwise than as a member of, and in
common with the other members of, an incorporated company consisting of not less than 25 persons
and of which he or she is not a director".

Debate ensued.
Amendment negatived.
On the motion of Mr Coulter the following amendment was agreed to -

Omit clause 7(7).

Bill, as amended, agreed to.
Bill to be reported with an amendment.

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Racing Commission Bill 1991 (Serial 41):
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 clause 6(2)(a) after "member" the words "(other than an honorary member)".

On the motion of Mr Coulter the following further amendment was agreed to -

Insert after clause 6(2)(b) the following:

"(ba) a person having the management or control of an office or agency established under section 23 of the Totalizator Administration and Betting Act;".

Clause 6, as amended, agreed to.
Clauses 7 to 16, by leave, taken together and agreed to.
Clause 17 read.
Mr Ede moved the following amendment -

Omit from clause 17(1) the words "otherwise than as a member of, and in common with the other
members of, an incorporated company consisting of not less than 25 persons and of which he or she
is not a director".

Debate ensued.
Amendment negatived.
Clause 17, as printed, agreed to.
Remainder of the Bill, by leave, taken together and 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 Public Service
Amendment Bill 1991 (Serial 34); the Racing and Betting Amendment Bill 1991 (Serial 35); and the Totalizator Administration and Betting Amendment Bill
1991 (Serial 39) without amendment; the Casino Licensing and Control Amendment Bill 1991 (Serial 37) and the Liquor Amendment Bill 1991 (Serial 40)
with an amendment; and the Racing, Gaming and Liquor Commission Act Repeal Bill 1991 (Serial 36); the Lotteries and Gaming Amendment Bill 1991
(Serial 38) and the Racing Commission Bill 1991 (Serial 41) with amendments; 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.

16. PAY-ROLL TAX AMENDMENT BILL 1991 (Serial 50):
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 Treasurer (Mr Coulter) the Bill was read a third time and passed to be a proposed law.

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17. BUSINESS FRANCHISE AMENDMENT BILL 1991 (Serial 51):
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 Treasurer (Mr Coulter) the Bill was read a third time and passed to be a proposed law.

18. FINANCIAL INSTITUTIONS DUTY AMENDMENT BILL 1991 (Serial 52):
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 Treasurer (Mr Coulter) the Bill was read a third time and passed to be a proposed law.

19. STAMP DUTY AMENDMENT BILL 1991 (Serial 55); and TAXATION (ADMINISTRATION) AMENDMENT BILL 1991 (Serial 56):
The order of the day having been read for the resumption of the debate on the question - That the Bills be now read a second time -
Debate resumed.
Question - put and passed.
Bills read a second time.
Leave granted for a motion for the third reading of the Bills to be moved forthwith.
On the motion of the Treasurer (Mr Coulter) the Bills were read a third time and passed to be proposed laws.

20. TERRITORY LOANS MANAGEMENT CORPORATION AMENDMENT BILL 1991 (Serial 54):
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 Treasurer (Mr Coulter) the Bill was read a third time and passed to be a proposed law.

21. 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 8.07 p.m. until tomorrow at 10.00 a.m.
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PAPERS:
The following Papers were deemed to have been presented on Tuesday 7 May 1991:

Annual Report:
Department of Health and Community Services, 1989-90
Department of Health and Community Services, 1989-90, Addendum
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ATTENDANCE:
All Members attended the sitting except Mr Cartwright, on leave.

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Last updated: 04 Aug 2016