Minutes of Proceedings - 1993-10-20
Sixth Assembly First Session 19/10/1993 Parliamentary Record No. 21
__________________________________________________________________________________
Date : 20/10/1993__________________________________________________________________________________
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 Collins: To present the Juries Amendment Bill 1993 (Serial 284).
Mr Coulter: To present the Nitmiluk (Katherine Gorge) National Park Amendment Bill 1993 (Serial 281).
Mr Reed: To present the Veterinarians Bill 1993 (Serial 275).
Mr Hatton: To present the Planning (Consequential Amendment) Bill 1993 (Serial 280).
Mr Finch: To present the Public Sector Employment and Management Amendment Bill 1993 (Serial 277).
4. QUESTIONS:
Questions were asked of Ministers.
Supplementary answer: The Minister for Education (Mr Finch) gave a supplementary answer to a question asked
by the Member for Macdonnell (Mr Bell) during the Adjournment Debate on Tuesday 19 October 1993.
Explanation of speech: The Member for Macdonnell Mr Bell), by leave and pursuant to Standing Order 54, made
an explanation of his speech during the Adjournment Debate on Tuesday 19 October 1993.
Supplementary answer: The Minister for Transport and Works Mr Manzie) gave a supplementary answer to a question asked
by the Member for Macdonnell (Mr Bell) during Question Time on Tuesday 19 October 1993.
Explanation of speech - Leave denied: The Member for Macdonnell (Mr Bell) sought leave to make a further
explanation pursuant to Standing Order 54.
Objection being raised, leave denied.
5. LEAVE OF ABSENCE
The Member for Macdonnell (Mr Bell) moved - That leave of absence for this day be granted to the Member for Wanguri
(Mr Bailey), because of family reasons.
Question - put and passed.
6. BUSINESS POSTPONED:
The Minister for Lands, Housing and Local Government (Mr Hatton) moved - That Government Business, Notice No. 1
relating to the Planning Bill 1993 (Serial 282) be postponed to a later hour.
Question - put and passed.
7. OATHS AMENDMENT BILL 1993 (Serial 274):
The Attorney-General (Mr Manzie), pursuant to notice, presented a Bill for an Act to amend the Oaths Act.
Bill read a first time.
Mr Manzie moved - That the Bill be now read a second time.
Page 725
On the motion of the Member for Macdonnell (Mr Bell) debate was adjourned.
8. LIQUOR AMENDMENT BILL (No. 3) 1993 (Serial 272):
The order of the day having been read for the resumption of the debate on the question - That the Bill be now read a
second time -
Debate resumed.
Question - put and passed.
Bill read a second time.
Leave granted for a motion for the third reading of the Bill to be moved forthwith.
On the motion of the Minister for Correctional Services (Mr Poole) the Bill was read a third time and passed to be a
proposed law.
9. REAL PROPERTY AMENDMENT BILL (No. 2) 1993 (Serial 260); and REAL PROPERTY (STATUTORY CHARGES CONSEQUENTIAL AMENDMENTS)
BILL 1993 (Serial 261):
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.
____________________
Suspension of sitting: The sitting was suspended between
11.51 a.m. and 2.00 p.m.
____________________
Debate resumed.
Question - put and passed.
Bills read a second time.
The Assembly, according to Order, resolved itself into Committee of the Whole for the consideration of the Bills.
____________________
In the Committee
(Chairman - Mr McCarthy)
Real Property Amendment Bill (No. 2) 1993 (Serial 260):
Clauses 1 to 3, by leave, taken together and agreed to.
Clause 4 read.
On the motion of the Attorney-General (Mr Manzie) the following amendment was agreed to -
Omit from the proposed definition of "statutory charge" in paragraph (b) all words after paragraph (a)
and insert in their stead the following:
"(b) gives a right to a person to deal with the land, including the right of sale,
and, for the purposes of sections 48A, 53, 142A, 142B, 143 and 277 includes an
overriding statutory charge;".
Clause 4, as amended, agreed to.
Clauses 5 and 6, by leave, taken together and agreed to.
Clause 7 read.
On the motion of Mr Manzie the following amendment was agreed to -
Omit proposed section 56B and insert in its stead the following:
Page 726
"56B. PRIORITY AND EFFECT OF STATUTORY CHARGES
"(1) An overriding statutory charge prevails over all other interests in the land to which it relates,
except a pre-existing overriding statutory charge recorded in the register.
"(2) Unless a statutory charge, not being an overriding statutory charge, has been registered -
(a) a restriction imposed by the statutory charge on the use of or dealing
with the land does not exist; or
(b) a power arising under the statutory charge in relation to the land is
not exercisable.".
Clause 7, as amended, agreed to.
Clauses 8 and 9, by leave, taken together and agreed to.
Clause 10 read.
On the motion of Mr Manzie the following amendment was agreed to -
Omit from proposed section 142A subsection (1).
Clause 10, as amended, agreed to.
Remainder of the Bill, by leave, taken as a whole and agreed to.
Bill to be reported with amendments.
Real Property (Statutory Charges Consequential Amendments) Bill 1993 (Serial 261):
Clauses 1 to 7, by leave, taken together and agreed to.
On the motion of Mr Manzie the following new clause was inserted in the Bill -
"7A. AMENDMENT OF LEGAL AID ACT
"Section 59 of the Legal Aid Act is amended -
(a) by omitting from subsection (1) 'notice under' and 'charge'
and substituting 'application referred to in' and 'statutory charge, within the meaning of
the Real Property Act,' respectively;
(b) by omitting subsections (2), (3) and (4) and substituting the
following:
'(2) The Director may, in the name and on behalf of the Commission, apply under section 48A of the Real
Property Act to have the charge registered.'; and
(c) by omitting from subsection (6) 'the Registrar of Titles' and
substituting 'the Registrar-General'.".
Clauses 8 to 13, by leave, taken together and agreed to.
Clause 14 read.
On the motion of Mr Manzie the following amendment was agreed to -
Omit "registered" and substitute "lodged".
Clause 14, as amended, agreed to.
Page 727
Title agreed to.
Bill to be reported with amendments.
____________________
The Speaker (Mr Dondas) resumed the Chair; the Chairman (Mr McCarthy) reported accordingly; and the reports were
adopted.
On the motion of the Attorney-General (Mr Manzie) the Bills were read a third time and passed to be proposed laws.
10. ALTERATION OF ORDER OF BUSINESS:
The Minister for Lands, Housing and Local Government (Mr Hatton) moved - That Government Business, Notice No. 1
relating to the Planning Bill 1993 (Serial 282) be called on forthwith.
Question - put and passed.
11. PLANNING BILL 1993 (Serial 282); and PLANNING (CONSEQUENTIAL AMENDMENT) BILL 1993 (Serial 280):
Ordered - That the Minister for Lands, Housing and Local Government (Mr Hatton) have leave to present the Planning
(Consequential Amendment) Bill 1993 (Serial 280) forthwith.
Suspension of Standing Orders - Take two Bills together:
The Minister for Lands, Housing and Local Government (Mr Hatton) moved - That so much of Standing Orders be suspended
as would prevent Government Business, Notices, relating to respectively, the Planning Bill 1993 (Serial 282) and the
Planning (Consequential Amendment) Bill 1993 (Serial 280) -
(a) being presented and read a first time together and one motion being put in regard to, respectively,
the second readings, the Committee's report stage, and the third readings of the Bills together; and
(b) the consideration of the Bills separately in the Committee of the Whole.
Question - put and passed - there being an absolute majority of the whole number of Members present and no
dissentient voice.
Mr Hatton, pursuant to notice, presented a Bill for an Act to provide for appropriate and orderly planning and control
of the use and development of land, and for related purposes; and, by leave, presented a Bill for an Act to
amend the various Acts consequential on the passing of the Planning Act 1993.
Bills read a first time.
Mr Hatton moved - That the Bills be now read a second time.
On the motion of the Member for Victoria River (Mr Cartwright) debate was adjourned.
12. SUMMARY OFFENCES AMENDMENT BILL 1993 (Serial 202):
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.
Page 728
13. BAIL AMENDMENT BILL 1993 (Serial 254):
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.
14. INTERPRETATION AMENDMENT BILL 1993 (Serial 259):
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. ADJOURNMENT:
The Leader of Government Business (Mr Setter) moved - That the Assembly do now adjourn.
Debate ensued.
Papers tabled: The Minister for Industries and Development (Mr Stone) laid on the Table the following Papers -
List of Sponsors of the World Solar Challenge; and
List of names of recipients of Westpac Maths Competition awards.
Debate continued.
Question - put and passed.
The Assembly adjourned at 5.50 p.m. until tomorrow at 10.00 a.m.
====================
PAPER:
The following Paper was deemed to have been presented on Wednesday 20 October 1993:
Annual Report:
Department of the Chief Minister, 1992-93.
====================
ATTENDANCE:
All Members attended the sitting except Mr Bailey, on leave.
Page 729
__________________________________________________________________________________
Date : 20/10/1993
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 Collins: To present the Juries Amendment Bill 1993 (Serial 284).
Mr Coulter: To present the Nitmiluk (Katherine Gorge) National Park Amendment Bill 1993 (Serial 281).
Mr Reed: To present the Veterinarians Bill 1993 (Serial 275).
Mr Hatton: To present the Planning (Consequential Amendment) Bill 1993 (Serial 280).
Mr Finch: To present the Public Sector Employment and Management Amendment Bill 1993 (Serial 277).
4. QUESTIONS:
Questions were asked of Ministers.
Supplementary answer: The Minister for Education (Mr Finch) gave a supplementary answer to a question asked
by the Member for Macdonnell (Mr Bell) during the Adjournment Debate on Tuesday 19 October 1993.
Explanation of speech: The Member for Macdonnell Mr Bell), by leave and pursuant to Standing Order 54, made
an explanation of his speech during the Adjournment Debate on Tuesday 19 October 1993.
Supplementary answer: The Minister for Transport and Works Mr Manzie) gave a supplementary answer to a question asked
by the Member for Macdonnell (Mr Bell) during Question Time on Tuesday 19 October 1993.
Explanation of speech - Leave denied: The Member for Macdonnell (Mr Bell) sought leave to make a further
explanation pursuant to Standing Order 54.
Objection being raised, leave denied.
5. LEAVE OF ABSENCE
The Member for Macdonnell (Mr Bell) moved - That leave of absence for this day be granted to the Member for Wanguri
(Mr Bailey), because of family reasons.
Question - put and passed.
6. BUSINESS POSTPONED:
The Minister for Lands, Housing and Local Government (Mr Hatton) moved - That Government Business, Notice No. 1
relating to the Planning Bill 1993 (Serial 282) be postponed to a later hour.
Question - put and passed.
7. OATHS AMENDMENT BILL 1993 (Serial 274):
The Attorney-General (Mr Manzie), pursuant to notice, presented a Bill for an Act to amend the Oaths Act.
Bill read a first time.
Mr Manzie moved - That the Bill be now read a second time.
Page 725
On the motion of the Member for Macdonnell (Mr Bell) debate was adjourned.
8. LIQUOR AMENDMENT BILL (No. 3) 1993 (Serial 272):
The order of the day having been read for the resumption of the debate on the question - That the Bill be now read a
second time -
Debate resumed.
Question - put and passed.
Bill read a second time.
Leave granted for a motion for the third reading of the Bill to be moved forthwith.
On the motion of the Minister for Correctional Services (Mr Poole) the Bill was read a third time and passed to be a
proposed law.
9. REAL PROPERTY AMENDMENT BILL (No. 2) 1993 (Serial 260); and REAL PROPERTY (STATUTORY CHARGES CONSEQUENTIAL AMENDMENTS)
BILL 1993 (Serial 261):
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.
____________________
Suspension of sitting: The sitting was suspended between
11.51 a.m. and 2.00 p.m.
____________________
Debate resumed.
Question - put and passed.
Bills read a second time.
The Assembly, according to Order, resolved itself into Committee of the Whole for the consideration of the Bills.
____________________
In the Committee
(Chairman - Mr McCarthy)
Real Property Amendment Bill (No. 2) 1993 (Serial 260):
Clauses 1 to 3, by leave, taken together and agreed to.
Clause 4 read.
On the motion of the Attorney-General (Mr Manzie) the following amendment was agreed to -
Omit from the proposed definition of "statutory charge" in paragraph (b) all words after paragraph (a)
and insert in their stead the following:
"(b) gives a right to a person to deal with the land, including the right of sale,
and, for the purposes of sections 48A, 53, 142A, 142B, 143 and 277 includes an
overriding statutory charge;".
Clause 4, as amended, agreed to.
Clauses 5 and 6, by leave, taken together and agreed to.
Clause 7 read.
On the motion of Mr Manzie the following amendment was agreed to -
Omit proposed section 56B and insert in its stead the following:
Page 726
"56B. PRIORITY AND EFFECT OF STATUTORY CHARGES
"(1) An overriding statutory charge prevails over all other interests in the land to which it relates,
except a pre-existing overriding statutory charge recorded in the register.
"(2) Unless a statutory charge, not being an overriding statutory charge, has been registered -
(a) a restriction imposed by the statutory charge on the use of or dealing
with the land does not exist; or
(b) a power arising under the statutory charge in relation to the land is
not exercisable.".
Clause 7, as amended, agreed to.
Clauses 8 and 9, by leave, taken together and agreed to.
Clause 10 read.
On the motion of Mr Manzie the following amendment was agreed to -
Omit from proposed section 142A subsection (1).
Clause 10, as amended, agreed to.
Remainder of the Bill, by leave, taken as a whole and agreed to.
Bill to be reported with amendments.
Real Property (Statutory Charges Consequential Amendments) Bill 1993 (Serial 261):
Clauses 1 to 7, by leave, taken together and agreed to.
On the motion of Mr Manzie the following new clause was inserted in the Bill -
"7A. AMENDMENT OF LEGAL AID ACT
"Section 59 of the Legal Aid Act is amended -
(a) by omitting from subsection (1) 'notice under' and 'charge'
and substituting 'application referred to in' and 'statutory charge, within the meaning of
the Real Property Act,' respectively;
(b) by omitting subsections (2), (3) and (4) and substituting the
following:
'(2) The Director may, in the name and on behalf of the Commission, apply under section 48A of the Real
Property Act to have the charge registered.'; and
(c) by omitting from subsection (6) 'the Registrar of Titles' and
substituting 'the Registrar-General'.".
Clauses 8 to 13, by leave, taken together and agreed to.
Clause 14 read.
On the motion of Mr Manzie the following amendment was agreed to -
Omit "registered" and substitute "lodged".
Clause 14, as amended, agreed to.
Page 727
Title agreed to.
Bill to be reported with amendments.
____________________
The Speaker (Mr Dondas) resumed the Chair; the Chairman (Mr McCarthy) reported accordingly; and the reports were
adopted.
On the motion of the Attorney-General (Mr Manzie) the Bills were read a third time and passed to be proposed laws.
10. ALTERATION OF ORDER OF BUSINESS:
The Minister for Lands, Housing and Local Government (Mr Hatton) moved - That Government Business, Notice No. 1
relating to the Planning Bill 1993 (Serial 282) be called on forthwith.
Question - put and passed.
11. PLANNING BILL 1993 (Serial 282); and PLANNING (CONSEQUENTIAL AMENDMENT) BILL 1993 (Serial 280):
Ordered - That the Minister for Lands, Housing and Local Government (Mr Hatton) have leave to present the Planning
(Consequential Amendment) Bill 1993 (Serial 280) forthwith.
Suspension of Standing Orders - Take two Bills together:
The Minister for Lands, Housing and Local Government (Mr Hatton) moved - That so much of Standing Orders be suspended
as would prevent Government Business, Notices, relating to respectively, the Planning Bill 1993 (Serial 282) and the
Planning (Consequential Amendment) Bill 1993 (Serial 280) -
(a) being presented and read a first time together and one motion being put in regard to, respectively,
the second readings, the Committee's report stage, and the third readings of the Bills together; and
(b) the consideration of the Bills separately in the Committee of the Whole.
Question - put and passed - there being an absolute majority of the whole number of Members present and no
dissentient voice.
Mr Hatton, pursuant to notice, presented a Bill for an Act to provide for appropriate and orderly planning and control
of the use and development of land, and for related purposes; and, by leave, presented a Bill for an Act to
amend the various Acts consequential on the passing of the Planning Act 1993.
Bills read a first time.
Mr Hatton moved - That the Bills be now read a second time.
On the motion of the Member for Victoria River (Mr Cartwright) debate was adjourned.
12. SUMMARY OFFENCES AMENDMENT BILL 1993 (Serial 202):
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.
Page 728
13. BAIL AMENDMENT BILL 1993 (Serial 254):
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.
14. INTERPRETATION AMENDMENT BILL 1993 (Serial 259):
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. ADJOURNMENT:
The Leader of Government Business (Mr Setter) moved - That the Assembly do now adjourn.
Debate ensued.
Papers tabled: The Minister for Industries and Development (Mr Stone) laid on the Table the following Papers -
List of Sponsors of the World Solar Challenge; and
List of names of recipients of Westpac Maths Competition awards.
Debate continued.
Question - put and passed.
The Assembly adjourned at 5.50 p.m. until tomorrow at 10.00 a.m.
====================
PAPER:
The following Paper was deemed to have been presented on Wednesday 20 October 1993:
Annual Report:
Department of the Chief Minister, 1992-93.
====================
ATTENDANCE:
All Members attended the sitting except Mr Bailey, on leave.
Page 729
Last updated: 04 Aug 2016