Minutes of Proceedings - 1991-05-08
Sixth Assembly First Session 30/04/1991 Parliamentary Record No. 3
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Date : 08/05/1991__________________________________________________________________________________
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. PETITIONS:
Mrs Padgham-Purich presented a petition from 186 Darwin residents and visitors to the Northern Territory
requesting the Assembly to prohibit the large scale development proposed for Cullen Bay.
Petition read.
Mr Stirling presented a petition from 1140 citizens of the Northern Territory requesting the Assembly to reverse
the decision to close the Conservation Commission Office in Nhulunbuy.
Petition read.
4. NOTICES:
The following notices were given:
Mr Manzie: To present the Justices of the Peace Bill 1991 (Serial 65).
Mr Manzie: To present the Oaths Amendment Bill 1991 (Serial 66).
Mr Ortmann: To present the Crown Lands Amendment Bill 1991 (Serial 53).
Mr Ortmann: To present the Work Health Amendment Bill 1991 (Serial 70).
Mr Finch: To present the Power and Water Authority Amendment Bill 1991 (Serial 68).
5. QUESTIONS:
Questions were asked of Ministers.
6. ROYAL COMMISSION INTO ABORIGINAL DEATHS IN CUSTODY, NATIONAL REPORT, VOLUMES 1 to 5 - PAPER TABLED - MOTION TO NOTE REPORT:
The Chief Minister (Mr Perron) laid on the Table the National Report of the Royal Commission into Aboriginal Deaths in Custody, Volumes 1 to 5.
Mr Perron moved - That the Assembly take note of the Report.
Debate ensued.
On the motion of the Leader of the Opposition (Mr Ede) debate was adjourned.
7. PUBLIC ACCOUNTS COMMITTEE - REPORT ON THE AUDITOR-GENERAL'S ANNUAL REPORTS 1987/88
AND 1988/89 - PAPER TABLED - PAPER PRINTED - MOTION TO NOTE PAPER:
The Chairman of the Public Accounts Committee (Mr Palmer) laid on the Table the Public Accounts Committee's
Report No. 12 on the Auditor-General's Annual Reports 1987/88 and 1988/89, dated May 1991.
Mr Palmer moved - That the Paper be printed.
Question - put and passed.
Mr Palmer moved - That the Assembly take note of the Paper.
Debate ensued.
Page 97
On the motion of the Leader of Government Business (Mr Setter) debate was adjourned.
8. COMMUTER RPT SERVICES - MINISTERIAL STATEMENT - STATEMENT NOTED:
The Minister for Transport and Works (Mr Finch) made a Statement relating to Regular Passenger Transport
Services and regulatory aspects beyond August 1991.
Mr Finch moved - That the Assembly take note of the Statement.
Debate ensued.
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Suspension of sitting: The sitting was suspended between 11.55 a.m and 2.00 p.m.
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Debate resumed.
Question - put and passed.
9. DE FACTO RELATIONSHIPS BILL 1991 (Serial 42):
The Attorney-General (Mr Manzie), pursuant to notice, presented a Bill for an Act to make provision with respect
to the property rights of de facto partners, to validate certain agreements relating to de facto relationships and
make provision with respect to their effects, and for related purposes.
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 Smith) debate was adjourned.
10. CRIMINAL CODE AMENDMENT BILL (No. 2) 1991 (Serial 48):
The Attorney-General (Mr Manzie), pursuant to notice, presented a Bill for an Act to amend the Criminal Code
and to repeal certain Acts of the State of South Australia in their application to the Territory as laws of the Territory.
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 Smith) debate was adjourned.
11. 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 two
Bills, the Registration Amendment Bill 1991 (Serial 57) and the Registration (Consequential Amendments) Bill
1991 (Serial 58) -
(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.
Page 98
12. REGISTRATION AMENDMENT BILL 1991 (Serial 57); and REGISTRATION (CONSEQUENTIAL AMENDMENTS) BILL 1991 (Serial 58):
The Attorney-General (Mr Manzie), pursuant to notice, presented a Bill for an Act to amend the Registration
Act to consolidate and regulate fees payable to the Registrar-General and a Bill for an Act to amend various Acts
consequential on the passing of the Registration Amendment Act 1991 and for related purposes.
Bills read a first time.
Mr Manzie moved - That the Bills be now read a second time.
On the motion of the Member for Millner (Mr Smith) debate was adjourned.
13. JUSTICES AMENDMENT BILL 1991 (Serial 59):
The Attorney-General (Mr Manzie), pursuant to notice, presented a Bill for an Act to amend the Justices Act.
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 Smith) debate was adjourned.
14. JUSTICES AMENDMENT BILL (No. 2) 1991 (Serial 60):
The Attorney-General (Mr Manzie), pursuant to notice, presented a Bill for an Act to amend the Justices Act.
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 Smith) debate was adjourned.
15. SUSPENSION OF STANDING ORDERS - TAKE FOUR BILLS TOGETHER:
The Attorney-General (Mr Manzie) moved - That so much of Standing Orders be suspended as would prevent four
Bills, the Valuation of Land Amendment Bill (No. 2) 1991 (Serial 64); the Water Supply and Sewerage Amendment
Bill 1991 (Serial 63); the Local Government Amendment Bill 1991 (Serial 62); and the Real Property Amendment Bill
(No. 2) 1991 (Serial 61) -
(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.
16. REAL PROPERTY AMENDMENT BILL (No. 2) 1991 (Serial 61); LOCAL GOVERNMENT AMENDMENT BILL 1991 (Serial 62); WATER SUPPLY AND SEWERAGE AMENDMENT BILL 1991 (Serial 63); and VALUATION OF LAND AMENDMENT BILL (No. 2) 1991 (Serial 64):
The Attorney-General (Mr Manzie), pursuant to notice, presented a Bill for an Act to amend the Real Property Act; a Bill for an Act to amend the Local Government Act;
a Bill for an Act to amend the Water Supply and Sewerage Act; and a Bill for an Act to amend the Valuation of Land Act.
Bills read a first time.
Mr Manzie moved - That the Bills be now read a second time.
Page 99
On the motion of the Member for Millner (Mr Smith) debate was adjourned.
17. CORONATION HILL - STATEMENT NOTED:
The order of the day having been read for the resumption of the debate on the motion of the Minister for Mines and Energy (Mr Coulter) -
That the Assembly take note of the Statement -
Debate resumed.
The Member for Macdonnell (Mr Bell) moved the following amendment -
At the end of the motion add "and expresses the opinion that the subsequent deliberations of the Resource
Assessment Committee should be a matter for present discussion in this Parliament".
Debate ensued.
Papers tabled: The Minister for Conservation (Mr Reed) laid on the Table the following Papers -
. Aboriginal Land Commissioner, Re: The Jawoyn-Katherine Area Land Claim, Transcript of Proceedings at UDP Falls 29/8/83; and
. Aboriginal Land Commissioner, Re: The Jawoyn-Katherine Area Land Claim, Transcript of Proceedings at Wolfram Hill 30/8/83.
Debate continued.
Question - That the amendment be agreed to - put and passed.
Question - That the motion, as amended, be agreed to - put and passed.
18. COMMERCIAL PASSENGER (ROAD) TRANSPORT BILL 1991 (Serial 26); and MOTOR VEHICLES AMENDMENT BILL 1991 (Serial 32):
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.
The Assembly, according to Order, resolved itself into a Committee of the Whole for the consideration of the Bills.
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In the Committee
(Chairman - Mr Poole)
Commercial Passenger (Road) Transport Bill 1991 (Serial 26):
Clauses 1 and 2, by leave, taken together and agreed to.
Clause 3 read.
On the motion of the Minister for Transport and Works (Mr Finch) the following amendment was agreed to -
Omit from clause 3(1) the definition of "hire car".
Clause 3, as amended, agreed to.
Clause 4 negatived.
On the motion of Mr Finch the following new clause was inserted in the Bill -
Page 100
"4. ACT BINDS THE CROWN
"This Act binds the Crown not only in right of the Territory but, to the extent that the legislative power
of the Legislative Assembly so permits, in all its other capacities.".
Clauses 5 to 8, by leave, taken together and agreed to.
Clause 9 read.
The Member for Nhulunbuy (Mr Stirling) moved the following amendment -
Insert after subclause (2) the following:
"(2A) The Director's decision under subsection (1) to refuse an application, to accept it, or to allow
its amendment, shall be made within a period of 60 days beginning with the day on which the application is received or, where under subsection (2) the Director has required the provision of further information, that information is provided.".
Debate ensued.
Amendment negatived.
On the motion of Mr Finch the following amendments were taken together, by leave, and agreed to -
Insert in clause 9(4)(b) after "would" the words", whether initially or during a period of accreditation,".
Insert in clause 9(4)(c) after "Law" the words "unless in the particular circumstances it would, in
the opinion of the Director, be inequitable not to accredit or renew the accreditation".
Clause 9, as amended, agreed to.
Clause 10 agreed to.
Clause 11 read.
On the motion of Mr Finch the following amendments were taken together, by leave, and agreed to -
Omit from clause 11(1) all the words after "operators".
Insert after clause 11(1) the following:
"(1A) The register shall have entered in it the name of each person who has been accepted as an
accredited operator, any conditions to which the accreditation is subject, the nature of any licences
or authorizations held under this Act and any conditions subject to which they are held.
"(1B) Except as provided in subsection (1A), all other information obtained by the Director for
the purposes of this Part shall be kept confidential and not disclosed to any person other than for the
proper administration of this Act.
"(1C) A member of the public may, during periods determined by the Director and upon payment of
the prescribed fee (if any), search, or take or be provided with extracts from, any entry in the register.".
Page 101
Clause 11, as amended, agreed to.
Clause 12 read.
On the motion of Mr Finch the following amendment was agreed to -
Insert after clause 12(1) the following:
"(1A) Where an application for renewal is made but is not determined before the date on which the
accreditation to which it relates expires, the accreditation shall remain effective until the application is determined.
"(1B) Where an accreditation has expired and the person who was accredited is the holder of a taxi licence, the taxi licence shall -
(a) where an application for renewal of the accreditation is made within 28 days after its expiry, remain suspended until the application is determined; or
(b) where no application for renewal is made within that period of 28 days, lapse with the expiry of that period.".
Clause 12, as amended, agreed to.
Clauses 13 and 14, by leave, taken together and agreed to.
Clause 15 read.
Mr Stirling moved the following amendment -
Insert after subclause (3) the following:
"(3A) The Director shall cause a copy of any notice given under subsection (1) or (3) to be
published in the Gazette.".
Debate ensued.
On the motion of Mr Finch further consideration of the clause was postponed.
Clauses 16 to 22, by leave, taken together and agreed to.
Clause 23 read.
Mr Stirling moved the following amendment -
Add at the end the following:
"(7) It is a condition of a taxi licence that the holder of the licence shall not require a person
employed by the holder to drive a taxi endorsed on the licence to give a bond in connection with
that employment.
"(8) It is a condition of a taxi licence that a taxi endorsed on the licence is not driven by the same
person, or available to be driven by the same person, for more than 12 hours in any period of 24
hours, or for more than 72 hours in any period of 168 hours.".
Debate ensued.
Amendment negatived.
Clause 23, as printed, agreed to.
Clauses 24 and 25, by leave, taken together and agreed to.
Clause 26 read.
On the motion of Mr Finch the following amendment was agreed to -
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Omit clause 26(7) and insert in its stead the following:
"(7) Except with the consent of the Minister, the Director shall not transfer a taxi licence to a
person who has, within the preceding 12 months, transferred a taxi licence or an interest in a taxi
licence to another person.".
Clause 26, as amended, agreed to.
Clause 27 read.
Mr Stirling invited defeat of the clause.
Debate ensued.
On the motion of Mr Finch further consideration of the clause was postponed.
Clauses 28 to 30, by leave, taken together and agreed to.
Clause 31 read.
On the motion of Mr Finch the following amendment was agreed to -
Omit clause 31(6) and insert in its stead the following:
"(6) Where the holder of a supplementary taxi licence has -
(a) died;
(b) become insane; or
(c) become bankrupt,
an application for the transfer of the licence for its unexpired term may be made to the Director by -
(d) the person's legal representative;
(e) a person administering the person's property; or
(f) the person in whom the person's property is vested, respectively.
"(7) The provisions of section 26, with any necessary changes, apply to an application under subsection (6)
as if it were an application for the transfer of a taxi licence.
"(8) Except as provided in subsection (6), a supplementary taxi licence is not transferable.".
Clause 31, as amended, agreed to.
Clause 32 read.
On the motion of Mr Finch the following amendment was agreed to -
Insert in clause 32(2) before "hire" the word "private".
Clause 32, as amended, agreed to.
Clause 33 read.
Mr Stirling moved the following amendment -
Insert after subclause (2) the following:
"(2A) The Director's decision under subsection (1) to refuse an application, to grant it, or to allow its
amendment, shall be
Page 103
made within a period of 7 days beginning with the day on which the application is received or, where
under subsection (2) the Director has required the provision of further information, that information
is provided.".
Debate ensued.
Amendment negatived.
On the motion of Mr Finch the following amendment was agreed to -
Insert in clause 33(3) before "hire" the word "private".
Clause 33, as amended, agreed to.
Clause 34 read.
On the motion of Mr Finch the following amendment was agreed to -
Insert in clause 34 before "hire" (wherever occurring) the word "private".
Clause 34, as amended, agreed to.
Clauses 35 and 36, by leave, taken together and read.
On the motion of Mr Finch the following amendments were taken together, by leave, and agreed to -
Insert in clause 35 before "hire" (twice occurring) the word "private".
Insert in clause 36 before "hire" (twice occurring) the word "private".
Clauses 35 and 36, as amended, agreed to.
Clause 37 read.
On the motion of Mr Finch the following amendment was agreed to -
Insert in clause 37 before "hire" (wherever occurring) the word "private".
Mr Stirling moved the following amendment -
Insert after subclause (3) the following:
"(3A) The Director shall cause a copy of any notice given under subsection (1) or (3) to be
published in the Gazette.".
Amendment agreed to.
Clause 37, as amended, agreed to.
Clause 38 read.
On the motion of Mr Finch the following amendment was agreed to -
Insert in clause 38 before "hire" (twice occurring) the word "private".
Clause 38, as amended, agreed to.
Clause 39 agreed to.
Clause 40 agreed to.
Clauses 41 and 42, by leave, taken together and agreed to.
Clause 43 read.
On the motion of Mr Finch the following amendment was agreed to -
Page 104
Omit from clause 43(1) "12 months" and insert in its stead "3 years".
Clause 43, as amended, agreed to.
Clauses 44 and 45, by leave, taken together and agreed to.
Clause 46 agreed to, after debate.
Clauses 47 to 52, by leave, taken together and agreed to.
Clause 53 agreed to, after debate.
Clauses 54 to 58, by leave, taken together and agreed to.
Clause 59 agreed to, after debate.
Clauses 60 to 66, by leave, taken together and agreed to.
Clause 67 read.
On the motion of Mr Finch the following amendment was agreed to -
Insert in clause 67 after "card" the words "or, where the inspector is a member of the Police Force
but is not in uniform, evidence of membership of the Police Force".
Clause 67, as amended, agreed to.
Clause 68 read.
On the motion of Mr Finch the following amendment was agreed to -
Omit clause 68(4).
Clause 68, as amended, agreed to.
Clause 69 read.
On the motion of Mr Finch the following amendment was agreed to -
Add at the end the following:
"Penalty: $10,000.".
Clause 69, as amended, agreed to.
Clause 70 agreed to.
Clause 71 read.
On the motion of Mr Finch the following amendment was agreed to -
Omit from clause 71(6)(a) "may be" and insert in its stead "is".
Clause 71, as amended, agreed to.
Clause 72 read.
Mr Stirling moved the following amendment -
Omit from subclause (1) "The Director" and insert in its stead "Subject to subsection (1A), the Director".
Debate ensued.
Amendment negatived.
Clause 72, as printed, agreed to.
Clauses 73 to 85, by leave, taken together and agreed to.
On the motion of Mr Finch the following new clause was inserted in the Bill -
Page 105
"85A. ACQUISITION TO BE ON JUST TERMS
"Where the application of a provision of this Act would, but for this section, result in an acquisition of
property otherwise than on just terms, the person from whom the property is acquired shall be
entitled to receive just compensation for the acquisition, and a court of competent jurisdiction may
determine the amount of the compensation or make such order as, in its opinion, is necessary to
ensure that the acquisition is on just terms.".
Clause 86 agreed to.
Clause 87 read.
On the motion of Mr Finch the following amendment was agreed to -
Insert in clause 87(6) after "conditions" the words "(including the payment of appropriate fees)".
Clause 87, as amended, agreed to.
On the motion of Mr Finch the following new clause was added to the Bill, after debate -
"88. TEMPORARY NUMBERS CONTROL OF PRIVATE HIRE CARS
"(1) This section remains in force for a period of 12 months from its commencement and shall then expire.
"(2) In this section, 'total number', in relation to private hire car licences, does not include a motor vehicle which,
under the Motor Vehicles Act in force immediately before the commencement of this section, was licensed or
permitted to carry tourists but which, under this Act, would be classified as a private hire car.
"(3) Notwithstanding section 32(2) but subject to subsection (4), the total number of private hire car licences in the
Territory during the period that this section is in force shall not exceed the total number of private hire car licences
in the Territory as at its commencement.
"(4) The Minister may, by notice in the Gazette, determine an increase in the number of private hire car licences in the Territory.
"(5) The provisions of sections 17, 18 and 19, with the necessary changes, shall apply in relation to the granting of any
increased number of private hire car licences in the same manner as if they were taxi licences.
"(6) The provisions of Part 5, except sections 32(2), 33 and 37, shall apply in relation to private hire cars to which this section applies.".
Postponed clause 15 reconsidered, together with the amendment moved by Mr Stirling, viz. -
Insert after subclause (3) the following:
Page 106
"(3A) The Director shall cause a copy of any notice given under subsection (1) or (3) to be published in the Gazette.".
Debate ensued.
Amendment agreed to.
Clause 15, as amended, agreed to.
Postponed clause 27 reconsidered and agreed to, after debate.
Title agreed to.
Bill to be reported with amendments.
Motor Vehicles Amendment Bill 1991 (Serial 32):
Bill, by leave, taken as a whole and agreed to.
Bill to be reported without amendment.
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The Speaker (Mr Dondas) resumed the Chair; the Chairman (Mr Poole) reported that the Committee had considered the Bills and agreed to the Commercial
Passenger (Road) Transport Bill 1991 (Serial 26) with amendments; and the Motor Vehicles Amendment Bill 1991 (Serial 32) without amendment; and the report was adopted.
On the motion of the Minister for Transport and Works (Mr Finch) the Bills were read a third time and passed to be proposed laws.
19. ADJOURNMENT:
The Leader of Government Business (Mr Setter) moved - That the Assembly do now adjourn.
Debate ensued.
Paper tabled: The Member for Barkly (Mrs Hickey), by leave, laid on the Table the following Paper -
. Alice Springs Post, Number 5, April 1991.
Debate continued.
Question - put and passed.
The Assembly adjourned at 9.27 p.m. until tomorrow at 10.00 a.m.
==================
PAPER:
The following Paper was deemed to have been presented on Wednesday 8 May 1991:
Community Government Scheme:
Lajamanu.
==================
ATTENDANCE:
All Members attended the sitting except Mr Cartwright, on leave.
Page 107
__________________________________________________________________________________
Date : 08/05/1991
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. PETITIONS:
Mrs Padgham-Purich presented a petition from 186 Darwin residents and visitors to the Northern Territory
requesting the Assembly to prohibit the large scale development proposed for Cullen Bay.
Petition read.
Mr Stirling presented a petition from 1140 citizens of the Northern Territory requesting the Assembly to reverse
the decision to close the Conservation Commission Office in Nhulunbuy.
Petition read.
4. NOTICES:
The following notices were given:
Mr Manzie: To present the Justices of the Peace Bill 1991 (Serial 65).
Mr Manzie: To present the Oaths Amendment Bill 1991 (Serial 66).
Mr Ortmann: To present the Crown Lands Amendment Bill 1991 (Serial 53).
Mr Ortmann: To present the Work Health Amendment Bill 1991 (Serial 70).
Mr Finch: To present the Power and Water Authority Amendment Bill 1991 (Serial 68).
5. QUESTIONS:
Questions were asked of Ministers.
6. ROYAL COMMISSION INTO ABORIGINAL DEATHS IN CUSTODY, NATIONAL REPORT, VOLUMES 1 to 5 - PAPER TABLED - MOTION TO NOTE REPORT:
The Chief Minister (Mr Perron) laid on the Table the National Report of the Royal Commission into Aboriginal Deaths in Custody, Volumes 1 to 5.
Mr Perron moved - That the Assembly take note of the Report.
Debate ensued.
On the motion of the Leader of the Opposition (Mr Ede) debate was adjourned.
7. PUBLIC ACCOUNTS COMMITTEE - REPORT ON THE AUDITOR-GENERAL'S ANNUAL REPORTS 1987/88
AND 1988/89 - PAPER TABLED - PAPER PRINTED - MOTION TO NOTE PAPER:
The Chairman of the Public Accounts Committee (Mr Palmer) laid on the Table the Public Accounts Committee's
Report No. 12 on the Auditor-General's Annual Reports 1987/88 and 1988/89, dated May 1991.
Mr Palmer moved - That the Paper be printed.
Question - put and passed.
Mr Palmer moved - That the Assembly take note of the Paper.
Debate ensued.
Page 97
On the motion of the Leader of Government Business (Mr Setter) debate was adjourned.
8. COMMUTER RPT SERVICES - MINISTERIAL STATEMENT - STATEMENT NOTED:
The Minister for Transport and Works (Mr Finch) made a Statement relating to Regular Passenger Transport
Services and regulatory aspects beyond August 1991.
Mr Finch moved - That the Assembly take note of the Statement.
Debate ensued.
__________________
Suspension of sitting: The sitting was suspended between 11.55 a.m and 2.00 p.m.
__________________
Debate resumed.
Question - put and passed.
9. DE FACTO RELATIONSHIPS BILL 1991 (Serial 42):
The Attorney-General (Mr Manzie), pursuant to notice, presented a Bill for an Act to make provision with respect
to the property rights of de facto partners, to validate certain agreements relating to de facto relationships and
make provision with respect to their effects, and for related purposes.
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 Smith) debate was adjourned.
10. CRIMINAL CODE AMENDMENT BILL (No. 2) 1991 (Serial 48):
The Attorney-General (Mr Manzie), pursuant to notice, presented a Bill for an Act to amend the Criminal Code
and to repeal certain Acts of the State of South Australia in their application to the Territory as laws of the Territory.
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 Smith) debate was adjourned.
11. 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 two
Bills, the Registration Amendment Bill 1991 (Serial 57) and the Registration (Consequential Amendments) Bill
1991 (Serial 58) -
(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.
Page 98
12. REGISTRATION AMENDMENT BILL 1991 (Serial 57); and REGISTRATION (CONSEQUENTIAL AMENDMENTS) BILL 1991 (Serial 58):
The Attorney-General (Mr Manzie), pursuant to notice, presented a Bill for an Act to amend the Registration
Act to consolidate and regulate fees payable to the Registrar-General and a Bill for an Act to amend various Acts
consequential on the passing of the Registration Amendment Act 1991 and for related purposes.
Bills read a first time.
Mr Manzie moved - That the Bills be now read a second time.
On the motion of the Member for Millner (Mr Smith) debate was adjourned.
13. JUSTICES AMENDMENT BILL 1991 (Serial 59):
The Attorney-General (Mr Manzie), pursuant to notice, presented a Bill for an Act to amend the Justices Act.
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 Smith) debate was adjourned.
14. JUSTICES AMENDMENT BILL (No. 2) 1991 (Serial 60):
The Attorney-General (Mr Manzie), pursuant to notice, presented a Bill for an Act to amend the Justices Act.
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 Smith) debate was adjourned.
15. SUSPENSION OF STANDING ORDERS - TAKE FOUR BILLS TOGETHER:
The Attorney-General (Mr Manzie) moved - That so much of Standing Orders be suspended as would prevent four
Bills, the Valuation of Land Amendment Bill (No. 2) 1991 (Serial 64); the Water Supply and Sewerage Amendment
Bill 1991 (Serial 63); the Local Government Amendment Bill 1991 (Serial 62); and the Real Property Amendment Bill
(No. 2) 1991 (Serial 61) -
(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.
16. REAL PROPERTY AMENDMENT BILL (No. 2) 1991 (Serial 61); LOCAL GOVERNMENT AMENDMENT BILL 1991 (Serial 62); WATER SUPPLY AND SEWERAGE AMENDMENT BILL 1991 (Serial 63); and VALUATION OF LAND AMENDMENT BILL (No. 2) 1991 (Serial 64):
The Attorney-General (Mr Manzie), pursuant to notice, presented a Bill for an Act to amend the Real Property Act; a Bill for an Act to amend the Local Government Act;
a Bill for an Act to amend the Water Supply and Sewerage Act; and a Bill for an Act to amend the Valuation of Land Act.
Bills read a first time.
Mr Manzie moved - That the Bills be now read a second time.
Page 99
On the motion of the Member for Millner (Mr Smith) debate was adjourned.
17. CORONATION HILL - STATEMENT NOTED:
The order of the day having been read for the resumption of the debate on the motion of the Minister for Mines and Energy (Mr Coulter) -
That the Assembly take note of the Statement -
Debate resumed.
The Member for Macdonnell (Mr Bell) moved the following amendment -
At the end of the motion add "and expresses the opinion that the subsequent deliberations of the Resource
Assessment Committee should be a matter for present discussion in this Parliament".
Debate ensued.
Papers tabled: The Minister for Conservation (Mr Reed) laid on the Table the following Papers -
. Aboriginal Land Commissioner, Re: The Jawoyn-Katherine Area Land Claim, Transcript of Proceedings at UDP Falls 29/8/83; and
. Aboriginal Land Commissioner, Re: The Jawoyn-Katherine Area Land Claim, Transcript of Proceedings at Wolfram Hill 30/8/83.
Debate continued.
Question - That the amendment be agreed to - put and passed.
Question - That the motion, as amended, be agreed to - put and passed.
18. COMMERCIAL PASSENGER (ROAD) TRANSPORT BILL 1991 (Serial 26); and MOTOR VEHICLES AMENDMENT BILL 1991 (Serial 32):
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.
The Assembly, according to Order, resolved itself into a Committee of the Whole for the consideration of the Bills.
__________________
In the Committee
(Chairman - Mr Poole)
Commercial Passenger (Road) Transport Bill 1991 (Serial 26):
Clauses 1 and 2, by leave, taken together and agreed to.
Clause 3 read.
On the motion of the Minister for Transport and Works (Mr Finch) the following amendment was agreed to -
Omit from clause 3(1) the definition of "hire car".
Clause 3, as amended, agreed to.
Clause 4 negatived.
On the motion of Mr Finch the following new clause was inserted in the Bill -
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"4. ACT BINDS THE CROWN
"This Act binds the Crown not only in right of the Territory but, to the extent that the legislative power
of the Legislative Assembly so permits, in all its other capacities.".
Clauses 5 to 8, by leave, taken together and agreed to.
Clause 9 read.
The Member for Nhulunbuy (Mr Stirling) moved the following amendment -
Insert after subclause (2) the following:
"(2A) The Director's decision under subsection (1) to refuse an application, to accept it, or to allow
its amendment, shall be made within a period of 60 days beginning with the day on which the application is received or, where under subsection (2) the Director has required the provision of further information, that information is provided.".
Debate ensued.
Amendment negatived.
On the motion of Mr Finch the following amendments were taken together, by leave, and agreed to -
Insert in clause 9(4)(b) after "would" the words", whether initially or during a period of accreditation,".
Insert in clause 9(4)(c) after "Law" the words "unless in the particular circumstances it would, in
the opinion of the Director, be inequitable not to accredit or renew the accreditation".
Clause 9, as amended, agreed to.
Clause 10 agreed to.
Clause 11 read.
On the motion of Mr Finch the following amendments were taken together, by leave, and agreed to -
Omit from clause 11(1) all the words after "operators".
Insert after clause 11(1) the following:
"(1A) The register shall have entered in it the name of each person who has been accepted as an
accredited operator, any conditions to which the accreditation is subject, the nature of any licences
or authorizations held under this Act and any conditions subject to which they are held.
"(1B) Except as provided in subsection (1A), all other information obtained by the Director for
the purposes of this Part shall be kept confidential and not disclosed to any person other than for the
proper administration of this Act.
"(1C) A member of the public may, during periods determined by the Director and upon payment of
the prescribed fee (if any), search, or take or be provided with extracts from, any entry in the register.".
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Clause 11, as amended, agreed to.
Clause 12 read.
On the motion of Mr Finch the following amendment was agreed to -
Insert after clause 12(1) the following:
"(1A) Where an application for renewal is made but is not determined before the date on which the
accreditation to which it relates expires, the accreditation shall remain effective until the application is determined.
"(1B) Where an accreditation has expired and the person who was accredited is the holder of a taxi licence, the taxi licence shall -
(a) where an application for renewal of the accreditation is made within 28 days after its expiry, remain suspended until the application is determined; or
(b) where no application for renewal is made within that period of 28 days, lapse with the expiry of that period.".
Clause 12, as amended, agreed to.
Clauses 13 and 14, by leave, taken together and agreed to.
Clause 15 read.
Mr Stirling moved the following amendment -
Insert after subclause (3) the following:
"(3A) The Director shall cause a copy of any notice given under subsection (1) or (3) to be
published in the Gazette.".
Debate ensued.
On the motion of Mr Finch further consideration of the clause was postponed.
Clauses 16 to 22, by leave, taken together and agreed to.
Clause 23 read.
Mr Stirling moved the following amendment -
Add at the end the following:
"(7) It is a condition of a taxi licence that the holder of the licence shall not require a person
employed by the holder to drive a taxi endorsed on the licence to give a bond in connection with
that employment.
"(8) It is a condition of a taxi licence that a taxi endorsed on the licence is not driven by the same
person, or available to be driven by the same person, for more than 12 hours in any period of 24
hours, or for more than 72 hours in any period of 168 hours.".
Debate ensued.
Amendment negatived.
Clause 23, as printed, agreed to.
Clauses 24 and 25, by leave, taken together and agreed to.
Clause 26 read.
On the motion of Mr Finch the following amendment was agreed to -
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Omit clause 26(7) and insert in its stead the following:
"(7) Except with the consent of the Minister, the Director shall not transfer a taxi licence to a
person who has, within the preceding 12 months, transferred a taxi licence or an interest in a taxi
licence to another person.".
Clause 26, as amended, agreed to.
Clause 27 read.
Mr Stirling invited defeat of the clause.
Debate ensued.
On the motion of Mr Finch further consideration of the clause was postponed.
Clauses 28 to 30, by leave, taken together and agreed to.
Clause 31 read.
On the motion of Mr Finch the following amendment was agreed to -
Omit clause 31(6) and insert in its stead the following:
"(6) Where the holder of a supplementary taxi licence has -
(a) died;
(b) become insane; or
(c) become bankrupt,
an application for the transfer of the licence for its unexpired term may be made to the Director by -
(d) the person's legal representative;
(e) a person administering the person's property; or
(f) the person in whom the person's property is vested, respectively.
"(7) The provisions of section 26, with any necessary changes, apply to an application under subsection (6)
as if it were an application for the transfer of a taxi licence.
"(8) Except as provided in subsection (6), a supplementary taxi licence is not transferable.".
Clause 31, as amended, agreed to.
Clause 32 read.
On the motion of Mr Finch the following amendment was agreed to -
Insert in clause 32(2) before "hire" the word "private".
Clause 32, as amended, agreed to.
Clause 33 read.
Mr Stirling moved the following amendment -
Insert after subclause (2) the following:
"(2A) The Director's decision under subsection (1) to refuse an application, to grant it, or to allow its
amendment, shall be
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made within a period of 7 days beginning with the day on which the application is received or, where
under subsection (2) the Director has required the provision of further information, that information
is provided.".
Debate ensued.
Amendment negatived.
On the motion of Mr Finch the following amendment was agreed to -
Insert in clause 33(3) before "hire" the word "private".
Clause 33, as amended, agreed to.
Clause 34 read.
On the motion of Mr Finch the following amendment was agreed to -
Insert in clause 34 before "hire" (wherever occurring) the word "private".
Clause 34, as amended, agreed to.
Clauses 35 and 36, by leave, taken together and read.
On the motion of Mr Finch the following amendments were taken together, by leave, and agreed to -
Insert in clause 35 before "hire" (twice occurring) the word "private".
Insert in clause 36 before "hire" (twice occurring) the word "private".
Clauses 35 and 36, as amended, agreed to.
Clause 37 read.
On the motion of Mr Finch the following amendment was agreed to -
Insert in clause 37 before "hire" (wherever occurring) the word "private".
Mr Stirling moved the following amendment -
Insert after subclause (3) the following:
"(3A) The Director shall cause a copy of any notice given under subsection (1) or (3) to be
published in the Gazette.".
Amendment agreed to.
Clause 37, as amended, agreed to.
Clause 38 read.
On the motion of Mr Finch the following amendment was agreed to -
Insert in clause 38 before "hire" (twice occurring) the word "private".
Clause 38, as amended, agreed to.
Clause 39 agreed to.
Clause 40 agreed to.
Clauses 41 and 42, by leave, taken together and agreed to.
Clause 43 read.
On the motion of Mr Finch the following amendment was agreed to -
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Omit from clause 43(1) "12 months" and insert in its stead "3 years".
Clause 43, as amended, agreed to.
Clauses 44 and 45, by leave, taken together and agreed to.
Clause 46 agreed to, after debate.
Clauses 47 to 52, by leave, taken together and agreed to.
Clause 53 agreed to, after debate.
Clauses 54 to 58, by leave, taken together and agreed to.
Clause 59 agreed to, after debate.
Clauses 60 to 66, by leave, taken together and agreed to.
Clause 67 read.
On the motion of Mr Finch the following amendment was agreed to -
Insert in clause 67 after "card" the words "or, where the inspector is a member of the Police Force
but is not in uniform, evidence of membership of the Police Force".
Clause 67, as amended, agreed to.
Clause 68 read.
On the motion of Mr Finch the following amendment was agreed to -
Omit clause 68(4).
Clause 68, as amended, agreed to.
Clause 69 read.
On the motion of Mr Finch the following amendment was agreed to -
Add at the end the following:
"Penalty: $10,000.".
Clause 69, as amended, agreed to.
Clause 70 agreed to.
Clause 71 read.
On the motion of Mr Finch the following amendment was agreed to -
Omit from clause 71(6)(a) "may be" and insert in its stead "is".
Clause 71, as amended, agreed to.
Clause 72 read.
Mr Stirling moved the following amendment -
Omit from subclause (1) "The Director" and insert in its stead "Subject to subsection (1A), the Director".
Debate ensued.
Amendment negatived.
Clause 72, as printed, agreed to.
Clauses 73 to 85, by leave, taken together and agreed to.
On the motion of Mr Finch the following new clause was inserted in the Bill -
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"85A. ACQUISITION TO BE ON JUST TERMS
"Where the application of a provision of this Act would, but for this section, result in an acquisition of
property otherwise than on just terms, the person from whom the property is acquired shall be
entitled to receive just compensation for the acquisition, and a court of competent jurisdiction may
determine the amount of the compensation or make such order as, in its opinion, is necessary to
ensure that the acquisition is on just terms.".
Clause 86 agreed to.
Clause 87 read.
On the motion of Mr Finch the following amendment was agreed to -
Insert in clause 87(6) after "conditions" the words "(including the payment of appropriate fees)".
Clause 87, as amended, agreed to.
On the motion of Mr Finch the following new clause was added to the Bill, after debate -
"88. TEMPORARY NUMBERS CONTROL OF PRIVATE HIRE CARS
"(1) This section remains in force for a period of 12 months from its commencement and shall then expire.
"(2) In this section, 'total number', in relation to private hire car licences, does not include a motor vehicle which,
under the Motor Vehicles Act in force immediately before the commencement of this section, was licensed or
permitted to carry tourists but which, under this Act, would be classified as a private hire car.
"(3) Notwithstanding section 32(2) but subject to subsection (4), the total number of private hire car licences in the
Territory during the period that this section is in force shall not exceed the total number of private hire car licences
in the Territory as at its commencement.
"(4) The Minister may, by notice in the Gazette, determine an increase in the number of private hire car licences in the Territory.
"(5) The provisions of sections 17, 18 and 19, with the necessary changes, shall apply in relation to the granting of any
increased number of private hire car licences in the same manner as if they were taxi licences.
"(6) The provisions of Part 5, except sections 32(2), 33 and 37, shall apply in relation to private hire cars to which this section applies.".
Postponed clause 15 reconsidered, together with the amendment moved by Mr Stirling, viz. -
Insert after subclause (3) the following:
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"(3A) The Director shall cause a copy of any notice given under subsection (1) or (3) to be published in the Gazette.".
Debate ensued.
Amendment agreed to.
Clause 15, as amended, agreed to.
Postponed clause 27 reconsidered and agreed to, after debate.
Title agreed to.
Bill to be reported with amendments.
Motor Vehicles Amendment Bill 1991 (Serial 32):
Bill, by leave, taken as a whole and agreed to.
Bill to be reported without amendment.
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The Speaker (Mr Dondas) resumed the Chair; the Chairman (Mr Poole) reported that the Committee had considered the Bills and agreed to the Commercial
Passenger (Road) Transport Bill 1991 (Serial 26) with amendments; and the Motor Vehicles Amendment Bill 1991 (Serial 32) without amendment; and the report was adopted.
On the motion of the Minister for Transport and Works (Mr Finch) the Bills were read a third time and passed to be proposed laws.
19. ADJOURNMENT:
The Leader of Government Business (Mr Setter) moved - That the Assembly do now adjourn.
Debate ensued.
Paper tabled: The Member for Barkly (Mrs Hickey), by leave, laid on the Table the following Paper -
. Alice Springs Post, Number 5, April 1991.
Debate continued.
Question - put and passed.
The Assembly adjourned at 9.27 p.m. until tomorrow at 10.00 a.m.
==================
PAPER:
The following Paper was deemed to have been presented on Wednesday 8 May 1991:
Community Government Scheme:
Lajamanu.
==================
ATTENDANCE:
All Members attended the sitting except Mr Cartwright, on leave.
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Last updated: 04 Aug 2016