Minutes of Proceedings - 1992-11-25
Sixth Assembly First Session 17/11/1992 Parliamentary Record No. 14
__________________________________________________________________________________
Date : 25/11/1992__________________________________________________________________________________
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:
Mr Rioli presented a petition from 490 citizens of, and visitors to, the Northern Territory requesting that the Legislative Assembly provide funds for the heating of the Alice Springs Swimming Centre Pool.
Petition read.
4. REGULATIONS 1991, No.57 - AMENDMENT OF THE PLANNING REGULATIONS - NOTICE WITHDRAWN:
The Chairman of the Subordinate Legislation and Tabled Papers Committee (Mr Setter), by leave, withdrew Notice No.1 standing in his name relating to the proposed disallowance of the Amendment of the Planning Regulations 1991, No.57.
Mr Setter, by leave, made a statement relating thereto.
5. QUESTIONS:
Questions were asked of Ministers.
Personal explanation: The Minister for Education and Training (Mr Stone), by leave, made a personal explanation relating to
the late filing of his pecuniary interest form.
Privilege - Failure to comply with the Legislative Assembly (Register of Member's Interests) Act by Minister for Education and
Training - Request for referral to Committee of Privileges:
The Leader of the Opposition (Mr Ede), pursuant to Standing Order 83, raised as a matter of privilege the failure to submit a return within the prescribed period pursuant to the provisions of the Legislative Assembly (Register of Member's Interests) Act by the Minister for Education and Training (Mr Stone), and requested that the Speaker refer the matter to the Committee
of Privileges.
The Speaker agreed to consider the matter and to report his decision at a later hour.
Further questions were asked of Ministers.
Personal explanation: The Treasurer (Mr Coulter), by leave, made a personal explanation relating to the late filing of his pecuniary interest form.
Privilege - Failure to comply with the Legislative Assembly (Register of Member's Interests) Act by the Treasurer - Request for
referral to Committee of Privileges: The Leader of the Opposition (Mr Ede), pursuant to Standing Order 83, raised as a matter
of privilege the failure to submit a return within the prescribed period pursuant to the provisions of the Legislative Assembly (Register of Member's Interests) Act by the Treasurer (Mr Coulter), and requested that the Speaker refer the matter to the Committee of Privileges.
The Speaker agreed to consider the matter and to report his decision at a later hour.
Further questions were asked of Ministers.
Page 511
A supplementary answer was given by the Minister for Mines and Energy (Mr Coulter) to a question asked by the Member for
Nelson (Mrs Padgham-Purich) yesterday.
6. COMMISSIONER OF CONSUMER AFFAIRS, 1991-92 ANNUAL REPORT AND COMMISSIONER OF MOTOR VEHICLE DEALERS, 1991 ANNUAL REPORT - PAPER TABLED - PAPER PRINTED:
The Minister for Health and Community Services (Mr Manzie) laid on the Table the Commissioner of Consumer Affairs, 1991-92 Annual Report and Commissioner of Motor Vehicle Dealers, 1991 Annual Report.
Mr Manzie moved - That the Paper be printed.
Question - put and passed.
7. SUSPENSION OF STANDING ORDERS - PROPOSED ALTERATION OF ORDER OF BUSINESS:
The Leader of the Opposition (Mr Ede) moved - That so much of Standing Orders be suspended as would prevent him moving
a motion to call on Government Business, Order of the Day No.5, relating to Fightback! In the Northern Territory, forthwith.
Debate ensued.
Question - put.
The Assembly divided (the Speaker, Hon. N.M. Dondas, in the Chair) -
AYES, 10 NOES, 15
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 Rioli Mr Palmer
Mr Stirling Mr Perron
Mr Poole
Mr Reed
Mr Setter
Mr Stone
Mr Vale
Question negatived accordingly.
8. MT TODD PROJECT AGREEMENT RATIFICATION BILL 1992 (Serial 199):
The Minister for Mines and Energy (Mr Coulter), pursuant to notice, presented a Bill for an Act to ratify an agreement between
the Northern Territory of Australia and Zapopan N.L.
Bill read a first time.
Mr Coulter moved - That the Bill be now read a second time.
On the motion of the Member for Barkly (Mrs Hickey) debate was adjourned.
9. ORDER OF BUSINESS:
The Leader of Government Business (Mr Setter) moved - That Government Business,
Order of the Day No.6, relating to the Work Health Amendment Bill (No.2) 1992 (Serial 197) be called on forthwith.
Question - put and passed.
Page 512
10. WORK HEALTH AMENDMENT BILL (No.2) 1992 (Serial 197):
The Minister for Lands and Housing (Mr Ortmann), pursuant to notice, presented a Bill for an Act to amend the Work Health Act.
Bill read a first time.
Mr Ortmann moved - That the Bill be now read a second time.
On the motion of the Deputy Leader of the Opposition (Mr Bailey) debate was adjourned.
11. FIREARMS ACT 1992 AMENDMENT BILL 1992 (Serial 192):
The Chief Minister (Mr Perron), pursuant to notice, presented a Bill for an Act to amend the Firearms Act 1992.
Bill read a first time.
Mr Perron moved - That the Bill be now read a second time.
On the motion of the Member for Millner (Mr Parish) debate was adjourned.
12. ORDER OF BUSINESS:
The Leader of Government Business (Mr Setter) moved - That Government Business, Order of the Day No.4, relating to the Statute Law Revision Bill (No.2) 1992 (Serial 191) be called on forthwith.
Question - put and passed.
13. STATUTE LAW REVISION BILL (No.2) 1992 (Serial 191):
The Attorney-General (Mr Manzie), pursuant to notice, presented a Bill for an Act to revise and correct the law of the Territory
in minor respects.
Bill read a first time.
Mr Manzie moved - That the Bill be now read a second time.
On the motion of the Member for Millner (Mr Parish) debate was adjourned.
14. HEALTH PRACTITIONERS AND ALLIED PROFESSIONALS REGISTRATION AMENDMENT BILL 1992 (Serial 180):
The Minister for Health and Community Services (Mr Manzie), pursuant to notice, presented a Bill for an Act to amend the Health Practitioners and Allied Professionals Registration Act.
Bill read a first time.
Mr Manzie moved - That the Bill be now read a second time.
On the motion of the Deputy Leader of the Opposition (Mr Bailey) debate was adjourned.
15. CRIMINAL CODE AMENDMENT BILL (No.4) 1992 (Serial 194):
Suspension of Standing Orders - Pass all stages: The Attorney-General (Mr Manzie) moved - That so much of Standing Orders be suspended as would prevent the Criminal Code Amendment Bill (No.4) 1992 (Serial 194) passing through all stages at these sittings.
Debate ensued.
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 amend the Criminal Code.
Bill read a first time.
Mr Manzie moved - That the Bill be now read a second time.
Paper tabled: Mr Manzie laid on the Table the following Paper -
~ Letter, Hon. D.W. Manzie, MLA, Attorney-General to Mr N.R. Bell, MLA, Member for Macdonnell, undated.
Page 513
On the motion of the Member for Macdonnell (Mr Bell) debate was adjourned.
16. UNIT TITLES AMENDMENT BILL 1992 (Serial 200):
The Minister for Lands and Housing (Mr Ortmann), pursuant to notice, presented a Bill for an Act to amend the Unit Titles Act.
Bill read a first time.
Mr Ortmann moved - That the Bill be now read a second time.
On the motion of the Member for Macdonnell (Mr Bell) debate was adjourned.
17. TERRITORY INSURANCE OFFICE AMENDMENT BILL (No. 3) 1992 (Serial 196):
The Minister for Lands and Housing (Mr Ortmann), pursuant to notice, presented a Bill for an Act to amend the Territory Insurance Office Act.
Bill read a first time.
Mr Ortmann moved - That the Bill be now read a second time.
On the motion of the Member for Macdonnell (Mr Bell) debate was adjourned.
Suspension of sitting: The sitting was suspended between 12.01 p.m. and 2.00 p.m.
18. PUBLIC ACCOUNTS COMMITTEE REPORT INTO DALWAY - MOTION AGREED TO:
The Chairman of the Public Accounts Committee (Mr Palmer), by leave, moved -
That - if the Assembly be not sitting, or if it be prorogued, when the Report of the Public Accounts Committee into the purchase, operation and sale of Dalway Pty Limited is completed, the Chairman shall provide the Report to the Speaker,
or, if the Speaker is unavailable, to the Deputy Speaker, and in that event -
(a) the Report shall be deemed to have been presented to the Assembly;
(b) the publication of the Report is authorised by this Resolution;
(c) the Speaker or the Deputy Speaker, as the case may be, shall give directions
for the printing and circulation to Members of the Report; and
(d) the Report shall be laid on the Table of the Assembly at the next sitting.
Debate ensued.
Question - put and passed.
19. McARTHUR RIVER PROJECT AGREEMENT RATIFICATION BILL 1992 (Serial 190):
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.
Page 514
In the Committee
(Chairman - Mr Poole)
Clauses 1 to 5, by leave, taken together and agreed to.
Schedule read.
The Member for Barkly (Mrs Hickey) moved the following amendments together, by leave -
Omit from Clause 13(2) "The Company shall, when requested by the Minister,
such request not to be made more frequently than annually, " and insert in its
stead "During the period of 10 years commencing from the date of the
execution of this Agreement the Company shall, whenever requested to do so
by the Minister and not less than once in each year,";
Insert after Clause 13 subclause (2) the following -
"(2A) A report submitted to the Minister under subclause (2) shall be tabled by
the Minister in the Legislative Assembly within 6 sitting days of the receipt of
the report by the Minister.";
Omit from Clause 16 subclauses (2) and (3) and insert in their stead the following -
"(2) The Minister shall cause any further agreement made pursuant to subclause (1)
of this clause, to be laid before the Legislative Assembly within 6 sitting days.
"(3) Where a further agreement is laid before the Legislative Assembly pursuant to
subclause (2) the Legislative Assembly shall within a period of 10 sitting days
commencing on the day on which the further agreement is laid before the Legislative
Assembly pass a resolution allowing the further agreement or disallowing the further
agreement otherwise the further agreement is of no effect";
Insert after clause 16 the following -
"16A. PROTECTION AND MANAGEMENT OF THE ENVIRONMENT
"(1) Subject to subclause (2) of this clause, the Company shall conduct its
operations on the McArthur River Project in accordance with the Draft
Environmental Impact Statement dated May 1992 and the Environmental
Impact Statement Supplement (both referred to as the "EIS") to safeguard
and monitor the Local environment and rehabitate the project site.
"(2) If the Company proposes to undertake any operation that is not in
accordance with, or substantially in accordance with, the EIS, the Company shall -
(a) submit details of the proposed operations to the Minister;
(b) submit to the Minister any further information required by the Minister; and
Page 515
(c) comply with any written instructions of the Minister concerning the
proposed operations or any operations carried out,
and shall not undertake any operations unless and until approval of the Minister
has been given in relation to such operations.";
and
Omit from Clause 22 subclause (4) subparagraph (g)(ii).
Debate ensued.
Amendments, by leave, withdrawn.
On the motion of the Minister for Mines and Energy (Mr Coulter) the following
amendments, by leave, were taken together and agreed to -
Insert in clause 2 of the proposed agreement, after "until it is", the words "signed by both parties and is";
Omit from clause 6(1) of the proposed agreement "sub-clause 6(2)" and insert
in its stead "sub-clause (2) of this clause";
Omit from clause 6(2) of the proposed agreement "significance" and insert in its stead "significance to";
Omit from clause 6(3) of the proposed agreement "sub-clause 6(2)" and insert
in its stead "sub-clause (2) of this clause";
Insert at the end of clause 6(3) of the proposed agreement "or any interest in that land";
Omit from clause 13(1)(b) of the proposed agreement "the Services" and
insert in their stead "Services";
Omit from clause 13(1)(b) of the proposed agreement "the Services of such
persons" and insert in its stead "Services";
Insert at the end of clause 13(3) of the proposed agreement "between the
Territory and the Company";
Omit from clause 14(2) of the proposed agreement, "its servants and agents," and insert
in its stead "servants, agents, and statutory corporations";
Omit from clause 15(3) of the proposed agreement "such notice or written
statement provided by the Territory to the Company" and insert in its stead "the
provisions of sub-clause (1) of this clause";
Omit from clause 15(4) of the proposed agreement "or otherwise assumes
liabilities of the Company in respect of the McArthur River Project" and "or the
liabilities so assumed";
Omit from clause 16(1) of the proposed agreement "by the parties" and insert
in its stead "signed by the Territory and the Company";
Insert in clause 19(1) of the proposed agreement, after "sub-clauses (2) and
(3)", the words "of this clause";
Page 516
Omit from clause 19(4) of the proposed agreement "obtain Contractors," and
insert in its stead "obtain Contractors or";
Omit from clause 20(1)(b) of the proposed agreement "on the Project" and
insert in its stead "on the McArthur River Project";
Omit from clause 20 of the proposed agreement sub-clause (3)(b) and insert
in its stead the following:
"(b) enacts legislation which significantly increases the obligations of the
Company pursuant of the McArthur River Project;
such that this Agreement shall terminate upon the expiration of that notice
period unless such default has been sooner remedied or unless such
legislation has been sooner repealed (as the case may be)."; and
Omit from clause 22(2)(b) of the proposed agreement "venture;
and" and insert in its stead "venture; or".
Mr Coulter, by leave, moved the following further amendment -
Add at the end of the Schedule the following -
"For the Northern Territory:
(Sgd) - Barry Francis Coulter
(Sgd) - Mary Louise Potts
And for Mount Isa Mines Ltd:
(Sgd) - Norman Coldham-Fussell
(Sgd) - Peter Edwin Freund
(Sgd) - Richard Paul Woods".
Amendment agreed to.
Schedule, as amended, agreed to.
Title agreed to.
Bill to be reported with amendments.
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The Deputy Speaker (Mr McCarthy) resumed the Chair; the Chairman (Mr Poole) reported accordingly; and the report was adopted.
The Minister for Mines and Energy (Mr Coulter) moved - That the Bill be now read a third time.
Debate ensued.
Question - put and passed.
The Bill was read a third time and passed to be a proposed law.
20. FURTHER NOTICES:
The following further notices were given, by leave:
Mr Stone: To present the Public Sector Employment and Management Bill 1992 (Serial 193).
Mr Stone: To present the Public Sector Employment and Management (Transition and Savings) Bill 1992 (Serial 198).
Page 517
21. CLASSIFICATION OF PUBLICATIONS AND FILMS AMENDMENT BILL 1992 (Serial 169); and CRIMINAL CODE AMENDMENT BILL (No.4) 1992 (Serial 194):
Suspension of Standing Orders - Take two Bills together: The Attorney-General (Mr Manzie) moved -
That so much of Standing Orders be suspended as would prevent Government Business, Orders of the Day relating to respectively the Classification of Publications and Films Amendment Bill 1992 (Serial 169); and the Criminal Code Amendment Bill (No.4) 1992 (Serial 194) -
(a) being taken 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.
Debate ensued.
Question - put and passed - there being an absolute majority of the whole number of
Members present and no dissentient voice.
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 ensued.
Paper tabled: The Leader of the Opposition (Mr Ede), by leave, laid on the Table the following Paper -
~ "Sex Fights Back - A rational approach to the reform of Australia's censorship laws", Booklet.
Debate continued.
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 Bill.
____________________
In the Committee
(Chairman - Mr Poole)
Classification of Publications and Films Amendment Bill 1992 (Serial 169):
Clauses 1 to 4, by leave, taken together and agreed to, after debate.
Clause 5 read.
On the motion of the Attorney-General (Mr Manzie) the following amendment was agreed to -
Omit from proposed section 56A(1) the definition of "near relative".
On the motion of Mr Manzie the following further amendment was agreed to, after debate -
Omit from proposed section 56B proposed subsection (3).
On the motion of Mr Manzie the following further amendment was agreed to, after debate -
Omit proposed sections 56C to 56T inclusive and insert in their stead the following:
Page 518
"56C. COPYING OF FILMS CLASSIFIED 'X', &c.
"A person shall not copy or cause to be copied in the Territory, for the
purposes of publication, a film that is classified 'X', has been refused
classification or that is not classified.
Penalty: $20,000 in respect of each copy taken.".
The Member for Macdonnell (Mr Bell) moved the following amendment -
Omit proposed Part IVB.
Debate ensued.
Amendment, by leave, withdrawn.
Clause 5, as amended, agreed to.
Remainder of the Bill, by leave, taken as a whole and agreed to.
Bill to be reported with amendments.
Criminal Code Amendment Bill (No.4) 1992 (Serial 194):
Bill, by leave, taken as a whole.
Debate ensued.
Mr Manzie moved the following amendment, by leave -
Omit from clause 2 proposed section 137(1)(d) the words "child pornography,
whether a film or other publication or representation, is guilty of a crime and is
liable to imprisonment for 10 years" and insert "a film or photograph or other
publication of a child who is, or apparently is, under the age of 16 years
and who is engaged in sexual activity or is depicted in an indecent sexual
manner, is guilty of a crime and is liable to imprisonment for 10 years".
Amendment, agreed to, after debate.
Bill, as amended, agreed to.
Bill to be reported with an amendment.
____________________
The Speaker (Mr Dondas) resumed the Chair; the Chairman (Mr Poole) reported that the Committee had considered the Bills and agreed to the Classification of Publications and Films Amendment Bill 1992 (Serial 169) with amendments and the Criminal Code Amendment Bill (No.4) 1992 (Serial 194) with an amendment; and the report was adopted.
On the motion of Mr Manzie the Bills were read a third time and passed to be proposed laws.
22. PRIVILEGE - FAILURE TO COMPLY WITH THE LEGISLATIVE ASSEMBLY (REGISTER OF MEMBER'S INTERESTS) ACT - REQUEST FOR REFERRALTO COMMITTEE OF PRIVILEGES - STATEMENT - SPEAKER'S DECISION:
The Speaker advised the Assembly that he had considered the requests, made earlier this day by the Leader of the Opposition (Mr Ede) to refer two matters to the Committee of Privileges.
The Speaker made a statement and then informed the Assembly of his decision in the following terms:
I have had the Register examined and am advised that, during the past four years,
there have been a number of cases where it would appear that the reporting provisions
of the Legislative Assembly (Register
Page 519
of Members' Interests) Act have not been complied with, involving Members on both
sides of the House.
From the personal explanations given by the Minister for Education and the Treasurer,
it is apparent to me that there has been no wilful failure to comply with the provisions
of the Legislative Assembly (Register of Members' Interests) Act and, accordingly,
I do not propose to refer the matter to the Committee of Privileges.
I advise Honourable Members that I have instructed the Department of the Legislative
Assembly to put in place a suitable administrative mechanism to ensure that Members
are given timely reminders in future when returns are due.
23. 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 7.56 p.m. until tomorrow at 10.00 a.m.
====================
PAPERS:
The following Papers were deemed to have been presented on Wednesday 25 November 1992:
Annual Reports:
Darwin Port Authority, 1991-92
Department of Health and Community Services, 1991-92
Department of Transport and Works, 1991-92
Jabiru Town Development Authority, 1991-92
Northern Territory Legal Aid Commission, 1991-92.
====================
ATTENDANCE:
All Members attended the sitting.
Page 520
__________________________________________________________________________________
Date : 25/11/1992
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:
Mr Rioli presented a petition from 490 citizens of, and visitors to, the Northern Territory requesting that the Legislative Assembly provide funds for the heating of the Alice Springs Swimming Centre Pool.
Petition read.
4. REGULATIONS 1991, No.57 - AMENDMENT OF THE PLANNING REGULATIONS - NOTICE WITHDRAWN:
The Chairman of the Subordinate Legislation and Tabled Papers Committee (Mr Setter), by leave, withdrew Notice No.1 standing in his name relating to the proposed disallowance of the Amendment of the Planning Regulations 1991, No.57.
Mr Setter, by leave, made a statement relating thereto.
5. QUESTIONS:
Questions were asked of Ministers.
Personal explanation: The Minister for Education and Training (Mr Stone), by leave, made a personal explanation relating to
the late filing of his pecuniary interest form.
Privilege - Failure to comply with the Legislative Assembly (Register of Member's Interests) Act by Minister for Education and
Training - Request for referral to Committee of Privileges:
The Leader of the Opposition (Mr Ede), pursuant to Standing Order 83, raised as a matter of privilege the failure to submit a return within the prescribed period pursuant to the provisions of the Legislative Assembly (Register of Member's Interests) Act by the Minister for Education and Training (Mr Stone), and requested that the Speaker refer the matter to the Committee
of Privileges.
The Speaker agreed to consider the matter and to report his decision at a later hour.
Further questions were asked of Ministers.
Personal explanation: The Treasurer (Mr Coulter), by leave, made a personal explanation relating to the late filing of his pecuniary interest form.
Privilege - Failure to comply with the Legislative Assembly (Register of Member's Interests) Act by the Treasurer - Request for
referral to Committee of Privileges: The Leader of the Opposition (Mr Ede), pursuant to Standing Order 83, raised as a matter
of privilege the failure to submit a return within the prescribed period pursuant to the provisions of the Legislative Assembly (Register of Member's Interests) Act by the Treasurer (Mr Coulter), and requested that the Speaker refer the matter to the Committee of Privileges.
The Speaker agreed to consider the matter and to report his decision at a later hour.
Further questions were asked of Ministers.
Page 511
A supplementary answer was given by the Minister for Mines and Energy (Mr Coulter) to a question asked by the Member for
Nelson (Mrs Padgham-Purich) yesterday.
6. COMMISSIONER OF CONSUMER AFFAIRS, 1991-92 ANNUAL REPORT AND COMMISSIONER OF MOTOR VEHICLE DEALERS, 1991 ANNUAL REPORT - PAPER TABLED - PAPER PRINTED:
The Minister for Health and Community Services (Mr Manzie) laid on the Table the Commissioner of Consumer Affairs, 1991-92 Annual Report and Commissioner of Motor Vehicle Dealers, 1991 Annual Report.
Mr Manzie moved - That the Paper be printed.
Question - put and passed.
7. SUSPENSION OF STANDING ORDERS - PROPOSED ALTERATION OF ORDER OF BUSINESS:
The Leader of the Opposition (Mr Ede) moved - That so much of Standing Orders be suspended as would prevent him moving
a motion to call on Government Business, Order of the Day No.5, relating to Fightback! In the Northern Territory, forthwith.
Debate ensued.
Question - put.
The Assembly divided (the Speaker, Hon. N.M. Dondas, in the Chair) -
AYES, 10 NOES, 15
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 Rioli Mr Palmer
Mr Stirling Mr Perron
Mr Poole
Mr Reed
Mr Setter
Mr Stone
Mr Vale
Question negatived accordingly.
8. MT TODD PROJECT AGREEMENT RATIFICATION BILL 1992 (Serial 199):
The Minister for Mines and Energy (Mr Coulter), pursuant to notice, presented a Bill for an Act to ratify an agreement between
the Northern Territory of Australia and Zapopan N.L.
Bill read a first time.
Mr Coulter moved - That the Bill be now read a second time.
On the motion of the Member for Barkly (Mrs Hickey) debate was adjourned.
9. ORDER OF BUSINESS:
The Leader of Government Business (Mr Setter) moved - That Government Business,
Order of the Day No.6, relating to the Work Health Amendment Bill (No.2) 1992 (Serial 197) be called on forthwith.
Question - put and passed.
Page 512
10. WORK HEALTH AMENDMENT BILL (No.2) 1992 (Serial 197):
The Minister for Lands and Housing (Mr Ortmann), pursuant to notice, presented a Bill for an Act to amend the Work Health Act.
Bill read a first time.
Mr Ortmann moved - That the Bill be now read a second time.
On the motion of the Deputy Leader of the Opposition (Mr Bailey) debate was adjourned.
11. FIREARMS ACT 1992 AMENDMENT BILL 1992 (Serial 192):
The Chief Minister (Mr Perron), pursuant to notice, presented a Bill for an Act to amend the Firearms Act 1992.
Bill read a first time.
Mr Perron moved - That the Bill be now read a second time.
On the motion of the Member for Millner (Mr Parish) debate was adjourned.
12. ORDER OF BUSINESS:
The Leader of Government Business (Mr Setter) moved - That Government Business, Order of the Day No.4, relating to the Statute Law Revision Bill (No.2) 1992 (Serial 191) be called on forthwith.
Question - put and passed.
13. STATUTE LAW REVISION BILL (No.2) 1992 (Serial 191):
The Attorney-General (Mr Manzie), pursuant to notice, presented a Bill for an Act to revise and correct the law of the Territory
in minor respects.
Bill read a first time.
Mr Manzie moved - That the Bill be now read a second time.
On the motion of the Member for Millner (Mr Parish) debate was adjourned.
14. HEALTH PRACTITIONERS AND ALLIED PROFESSIONALS REGISTRATION AMENDMENT BILL 1992 (Serial 180):
The Minister for Health and Community Services (Mr Manzie), pursuant to notice, presented a Bill for an Act to amend the Health Practitioners and Allied Professionals Registration Act.
Bill read a first time.
Mr Manzie moved - That the Bill be now read a second time.
On the motion of the Deputy Leader of the Opposition (Mr Bailey) debate was adjourned.
15. CRIMINAL CODE AMENDMENT BILL (No.4) 1992 (Serial 194):
Suspension of Standing Orders - Pass all stages: The Attorney-General (Mr Manzie) moved - That so much of Standing Orders be suspended as would prevent the Criminal Code Amendment Bill (No.4) 1992 (Serial 194) passing through all stages at these sittings.
Debate ensued.
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 amend the Criminal Code.
Bill read a first time.
Mr Manzie moved - That the Bill be now read a second time.
Paper tabled: Mr Manzie laid on the Table the following Paper -
~ Letter, Hon. D.W. Manzie, MLA, Attorney-General to Mr N.R. Bell, MLA, Member for Macdonnell, undated.
Page 513
On the motion of the Member for Macdonnell (Mr Bell) debate was adjourned.
16. UNIT TITLES AMENDMENT BILL 1992 (Serial 200):
The Minister for Lands and Housing (Mr Ortmann), pursuant to notice, presented a Bill for an Act to amend the Unit Titles Act.
Bill read a first time.
Mr Ortmann moved - That the Bill be now read a second time.
On the motion of the Member for Macdonnell (Mr Bell) debate was adjourned.
17. TERRITORY INSURANCE OFFICE AMENDMENT BILL (No. 3) 1992 (Serial 196):
The Minister for Lands and Housing (Mr Ortmann), pursuant to notice, presented a Bill for an Act to amend the Territory Insurance Office Act.
Bill read a first time.
Mr Ortmann moved - That the Bill be now read a second time.
On the motion of the Member for Macdonnell (Mr Bell) debate was adjourned.
Suspension of sitting: The sitting was suspended between 12.01 p.m. and 2.00 p.m.
18. PUBLIC ACCOUNTS COMMITTEE REPORT INTO DALWAY - MOTION AGREED TO:
The Chairman of the Public Accounts Committee (Mr Palmer), by leave, moved -
That - if the Assembly be not sitting, or if it be prorogued, when the Report of the Public Accounts Committee into the purchase, operation and sale of Dalway Pty Limited is completed, the Chairman shall provide the Report to the Speaker,
or, if the Speaker is unavailable, to the Deputy Speaker, and in that event -
(a) the Report shall be deemed to have been presented to the Assembly;
(b) the publication of the Report is authorised by this Resolution;
(c) the Speaker or the Deputy Speaker, as the case may be, shall give directions
for the printing and circulation to Members of the Report; and
(d) the Report shall be laid on the Table of the Assembly at the next sitting.
Debate ensued.
Question - put and passed.
19. McARTHUR RIVER PROJECT AGREEMENT RATIFICATION BILL 1992 (Serial 190):
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.
Page 514
In the Committee
(Chairman - Mr Poole)
Clauses 1 to 5, by leave, taken together and agreed to.
Schedule read.
The Member for Barkly (Mrs Hickey) moved the following amendments together, by leave -
Omit from Clause 13(2) "The Company shall, when requested by the Minister,
such request not to be made more frequently than annually, " and insert in its
stead "During the period of 10 years commencing from the date of the
execution of this Agreement the Company shall, whenever requested to do so
by the Minister and not less than once in each year,";
Insert after Clause 13 subclause (2) the following -
"(2A) A report submitted to the Minister under subclause (2) shall be tabled by
the Minister in the Legislative Assembly within 6 sitting days of the receipt of
the report by the Minister.";
Omit from Clause 16 subclauses (2) and (3) and insert in their stead the following -
"(2) The Minister shall cause any further agreement made pursuant to subclause (1)
of this clause, to be laid before the Legislative Assembly within 6 sitting days.
"(3) Where a further agreement is laid before the Legislative Assembly pursuant to
subclause (2) the Legislative Assembly shall within a period of 10 sitting days
commencing on the day on which the further agreement is laid before the Legislative
Assembly pass a resolution allowing the further agreement or disallowing the further
agreement otherwise the further agreement is of no effect";
Insert after clause 16 the following -
"16A. PROTECTION AND MANAGEMENT OF THE ENVIRONMENT
"(1) Subject to subclause (2) of this clause, the Company shall conduct its
operations on the McArthur River Project in accordance with the Draft
Environmental Impact Statement dated May 1992 and the Environmental
Impact Statement Supplement (both referred to as the "EIS") to safeguard
and monitor the Local environment and rehabitate the project site.
"(2) If the Company proposes to undertake any operation that is not in
accordance with, or substantially in accordance with, the EIS, the Company shall -
(a) submit details of the proposed operations to the Minister;
(b) submit to the Minister any further information required by the Minister; and
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(c) comply with any written instructions of the Minister concerning the
proposed operations or any operations carried out,
and shall not undertake any operations unless and until approval of the Minister
has been given in relation to such operations.";
and
Omit from Clause 22 subclause (4) subparagraph (g)(ii).
Debate ensued.
Amendments, by leave, withdrawn.
On the motion of the Minister for Mines and Energy (Mr Coulter) the following
amendments, by leave, were taken together and agreed to -
Insert in clause 2 of the proposed agreement, after "until it is", the words "signed by both parties and is";
Omit from clause 6(1) of the proposed agreement "sub-clause 6(2)" and insert
in its stead "sub-clause (2) of this clause";
Omit from clause 6(2) of the proposed agreement "significance" and insert in its stead "significance to";
Omit from clause 6(3) of the proposed agreement "sub-clause 6(2)" and insert
in its stead "sub-clause (2) of this clause";
Insert at the end of clause 6(3) of the proposed agreement "or any interest in that land";
Omit from clause 13(1)(b) of the proposed agreement "the Services" and
insert in their stead "Services";
Omit from clause 13(1)(b) of the proposed agreement "the Services of such
persons" and insert in its stead "Services";
Insert at the end of clause 13(3) of the proposed agreement "between the
Territory and the Company";
Omit from clause 14(2) of the proposed agreement, "its servants and agents," and insert
in its stead "servants, agents, and statutory corporations";
Omit from clause 15(3) of the proposed agreement "such notice or written
statement provided by the Territory to the Company" and insert in its stead "the
provisions of sub-clause (1) of this clause";
Omit from clause 15(4) of the proposed agreement "or otherwise assumes
liabilities of the Company in respect of the McArthur River Project" and "or the
liabilities so assumed";
Omit from clause 16(1) of the proposed agreement "by the parties" and insert
in its stead "signed by the Territory and the Company";
Insert in clause 19(1) of the proposed agreement, after "sub-clauses (2) and
(3)", the words "of this clause";
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Omit from clause 19(4) of the proposed agreement "obtain Contractors," and
insert in its stead "obtain Contractors or";
Omit from clause 20(1)(b) of the proposed agreement "on the Project" and
insert in its stead "on the McArthur River Project";
Omit from clause 20 of the proposed agreement sub-clause (3)(b) and insert
in its stead the following:
"(b) enacts legislation which significantly increases the obligations of the
Company pursuant of the McArthur River Project;
such that this Agreement shall terminate upon the expiration of that notice
period unless such default has been sooner remedied or unless such
legislation has been sooner repealed (as the case may be)."; and
Omit from clause 22(2)(b) of the proposed agreement "venture;
and" and insert in its stead "venture; or".
Mr Coulter, by leave, moved the following further amendment -
Add at the end of the Schedule the following -
"For the Northern Territory:
(Sgd) - Barry Francis Coulter
(Sgd) - Mary Louise Potts
And for Mount Isa Mines Ltd:
(Sgd) - Norman Coldham-Fussell
(Sgd) - Peter Edwin Freund
(Sgd) - Richard Paul Woods".
Amendment agreed to.
Schedule, as amended, agreed to.
Title agreed to.
Bill to be reported with amendments.
____________________
The Deputy Speaker (Mr McCarthy) resumed the Chair; the Chairman (Mr Poole) reported accordingly; and the report was adopted.
The Minister for Mines and Energy (Mr Coulter) moved - That the Bill be now read a third time.
Debate ensued.
Question - put and passed.
The Bill was read a third time and passed to be a proposed law.
20. FURTHER NOTICES:
The following further notices were given, by leave:
Mr Stone: To present the Public Sector Employment and Management Bill 1992 (Serial 193).
Mr Stone: To present the Public Sector Employment and Management (Transition and Savings) Bill 1992 (Serial 198).
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21. CLASSIFICATION OF PUBLICATIONS AND FILMS AMENDMENT BILL 1992 (Serial 169); and CRIMINAL CODE AMENDMENT BILL (No.4) 1992 (Serial 194):
Suspension of Standing Orders - Take two Bills together: The Attorney-General (Mr Manzie) moved -
That so much of Standing Orders be suspended as would prevent Government Business, Orders of the Day relating to respectively the Classification of Publications and Films Amendment Bill 1992 (Serial 169); and the Criminal Code Amendment Bill (No.4) 1992 (Serial 194) -
(a) being taken 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.
Debate ensued.
Question - put and passed - there being an absolute majority of the whole number of
Members present and no dissentient voice.
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 ensued.
Paper tabled: The Leader of the Opposition (Mr Ede), by leave, laid on the Table the following Paper -
~ "Sex Fights Back - A rational approach to the reform of Australia's censorship laws", Booklet.
Debate continued.
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 Bill.
____________________
In the Committee
(Chairman - Mr Poole)
Classification of Publications and Films Amendment Bill 1992 (Serial 169):
Clauses 1 to 4, by leave, taken together and agreed to, after debate.
Clause 5 read.
On the motion of the Attorney-General (Mr Manzie) the following amendment was agreed to -
Omit from proposed section 56A(1) the definition of "near relative".
On the motion of Mr Manzie the following further amendment was agreed to, after debate -
Omit from proposed section 56B proposed subsection (3).
On the motion of Mr Manzie the following further amendment was agreed to, after debate -
Omit proposed sections 56C to 56T inclusive and insert in their stead the following:
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"56C. COPYING OF FILMS CLASSIFIED 'X', &c.
"A person shall not copy or cause to be copied in the Territory, for the
purposes of publication, a film that is classified 'X', has been refused
classification or that is not classified.
Penalty: $20,000 in respect of each copy taken.".
The Member for Macdonnell (Mr Bell) moved the following amendment -
Omit proposed Part IVB.
Debate ensued.
Amendment, by leave, withdrawn.
Clause 5, as amended, agreed to.
Remainder of the Bill, by leave, taken as a whole and agreed to.
Bill to be reported with amendments.
Criminal Code Amendment Bill (No.4) 1992 (Serial 194):
Bill, by leave, taken as a whole.
Debate ensued.
Mr Manzie moved the following amendment, by leave -
Omit from clause 2 proposed section 137(1)(d) the words "child pornography,
whether a film or other publication or representation, is guilty of a crime and is
liable to imprisonment for 10 years" and insert "a film or photograph or other
publication of a child who is, or apparently is, under the age of 16 years
and who is engaged in sexual activity or is depicted in an indecent sexual
manner, is guilty of a crime and is liable to imprisonment for 10 years".
Amendment, agreed to, after debate.
Bill, as amended, agreed to.
Bill to be reported with an amendment.
____________________
The Speaker (Mr Dondas) resumed the Chair; the Chairman (Mr Poole) reported that the Committee had considered the Bills and agreed to the Classification of Publications and Films Amendment Bill 1992 (Serial 169) with amendments and the Criminal Code Amendment Bill (No.4) 1992 (Serial 194) with an amendment; and the report was adopted.
On the motion of Mr Manzie the Bills were read a third time and passed to be proposed laws.
22. PRIVILEGE - FAILURE TO COMPLY WITH THE LEGISLATIVE ASSEMBLY (REGISTER OF MEMBER'S INTERESTS) ACT - REQUEST FOR REFERRALTO COMMITTEE OF PRIVILEGES - STATEMENT - SPEAKER'S DECISION:
The Speaker advised the Assembly that he had considered the requests, made earlier this day by the Leader of the Opposition (Mr Ede) to refer two matters to the Committee of Privileges.
The Speaker made a statement and then informed the Assembly of his decision in the following terms:
I have had the Register examined and am advised that, during the past four years,
there have been a number of cases where it would appear that the reporting provisions
of the Legislative Assembly (Register
Page 519
of Members' Interests) Act have not been complied with, involving Members on both
sides of the House.
From the personal explanations given by the Minister for Education and the Treasurer,
it is apparent to me that there has been no wilful failure to comply with the provisions
of the Legislative Assembly (Register of Members' Interests) Act and, accordingly,
I do not propose to refer the matter to the Committee of Privileges.
I advise Honourable Members that I have instructed the Department of the Legislative
Assembly to put in place a suitable administrative mechanism to ensure that Members
are given timely reminders in future when returns are due.
23. 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 7.56 p.m. until tomorrow at 10.00 a.m.
====================
PAPERS:
The following Papers were deemed to have been presented on Wednesday 25 November 1992:
Annual Reports:
Darwin Port Authority, 1991-92
Department of Health and Community Services, 1991-92
Department of Transport and Works, 1991-92
Jabiru Town Development Authority, 1991-92
Northern Territory Legal Aid Commission, 1991-92.
====================
ATTENDANCE:
All Members attended the sitting.
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Last updated: 04 Aug 2016