Department of the Legislative Assembly, Northern Territory Government

Minutes of Proceedings - 1994-02-22

Sixth Assembly First Session 22/02/1994 Parliamentary Record No. 24
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Date : 22/02/1994
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1. MEETING:
The Assembly met at 10.00 a.m., pursuant to resolution of the Assembly, dated 2 December 1993. The Speaker, the
Honourable N.M. Dondas, took the Chair.

2. PRAYERS.

3. MESSAGE FROM THE ADMINISTRATOR:
The Speaker read the following Message from His Honour the Administrator -

Message No. 15

Assent to Proposed Laws

I, KEITH JOHN AUSTIN ASCHE, the Administrator of the Northern Territory of Australia, advise the Legislative
Assembly that, pursuant to section 7 of the Northern Territory (Self-Government) Act 1978, of the Commonwealth,
declare that I have given my assent to the following proposed laws.

1 December 1993:
Public Sector Employment and Management Act 1993

13 December 1993:
Medical Services Amendment Act 1993
Oaths Amendment Act 1993

16 December 1993
Motor Vehicles Amendment Act 1992 Amendment Act 1993

31 December 1993
Local Government Act 1993
Local Government (Consequential Amendments) Act 1993
Planning Act 1993
Planning (Consequential Amendments) Act 1993
Nitmiluk (Katherine Gorge) National Park Amendment Act 1993

Dated 16th day of February, 1994.

AUSTIN ASCHE
Administrator

4. FILMING IN THE CHAMBER:
The Speaker advised Members that permission had been given to the ABC and Channel 8 to film Members during Question
Time this day for the purposes of updating file footage.

5. OFFICE OF THE AUDITOR-GENERAL, REPORT UPON PUBLIC SECTOR CORPORATIONS, 1992-93 - PAPER TABLED - PAPER PRINTED:
The Speaker laid on the Table the Report upon Public Sector Corporations by the Office of the Auditor-General for the
year ended 30 June 1993.
The Leader of Government Business (Mr Setter) moved - That the Report be printed.
Question - put and passed.

6. NOTICES:
The following notices were given:
Mr Manzie: To present the Trustee Amendment Bill (No. 2) 1994 (Serial 308).
Mr Manzie: To present the Evidence Amendment Bill 1994 (Serial 309).
Mr Manzie: To present the Perpetuities Bill 1994 (Serial 307).
Mr Manzie: To present the Sexual Offences (Evidence and Procedure) Amendment Bill 1994 (Serial 310).
Mr Manzie: To present the Oaths Amendment Bill 1994 (Serial 311).
Mr Manzie: To present the Summary Offences Amendment Bill 1994 (Serial 312).
Mr Manzie: To present the National Crime Authority (Territory Provisions) Amendment Bill 1994 (Serial 313).

7. QUESTIONS:
Questions were asked of Ministers.
Paper tabled: The Treasurer (Mr Coulter) laid on the Table the following Paper -

State Government Taxes and Fees for 1992-93 per Head of Population, Source: Australian Bureau of Statistics
Cat No: 5506.0.

Further questions were asked of Ministers.

8. COMMONWEALTH LAND RIGHTS LEGISLATION AND JOBS IN THE NORTHERN TERRITORY - MINISTERIAL STATEMENT - STATEMENT
NOTED:
The Chief Minister (Mr Perron) made a Statement relating to Commonwealth Land Rights legislation and its effect on
investment and jobs in the Northern Territory.
Paper tabled: Mr Perron laid on the Table the following Paper -

Economic effects of land rights in the Northern Territory, dated 8 December 1993, Centre for International Economics,
Canberra.

Mr Perron moved - That the Assembly take note of the Statement.
Debate ensued.
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Suspension of sitting: The sitting was suspended between 12.03 p.m. and 2.00 p.m.
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Debate resumed.
Paper tabled: The Minister for Aboriginal Development (Mr Hatton) laid on the Table the following Paper -

Northern Territory Government Position on Aboriginal Land Claims, 1976 - August 1993.

Debate continued.
Suspension of Standing Orders: The Leader of Government Business (Mr Setter) moved - That so much of Standing Orders
be suspended as would prevent the Minister for Aboriginal Development (Mr Hatton) being granted an extension of time
sufficient to complete his remarks.
Question - put and passed - there being an absolute majority of the whole number of Members present and no
dissentient voice.
Debate continued.
Question - put and passed.

9. EXPLANATION OF SPEECH:
The Member for Macdonnell (Mr Bell), pursuant to Standing Order 54, made a personal explanation in relation to
comments made by the Member for Nelson (Mrs Padgham-Purich) during the previous debate.

10. MATTER OF PUBLIC IMPORTANCE - CREATION OF JOBS BY A LABOR GOVERNMENT:
The Speaker informed the Assembly that the Leader of the Opposition (Mr Ede) had proposed that the following definite
matter of public importance be submitted to the Assembly for discussion this day:

"the Plan announced by Territory Labor to create 5,000 jobs during the first term of a Labor Government."

Statement by Speaker: The Speaker made a statement relating to the requirement for the wording of proposed Matters of
Public Importance to be in conformity with Standing Order 94.
And the proposed discussion having received the necessary support - The Speaker called on Mr Ede to address the
Assembly.
Discussion ensued.
Paper tabled: The Minister for Public Employment (Mr Finch) laid on the Table the following Paper -

Table, "Programs Funded by Aboriginal Development Unit in 1993.

Discussion continued.
Papers tabled: The Member for Nhulunbuy (Mr Stirling), by leave, laid on the Table the following Papers -

Graph, N T Total Employment, BUDGE93B.XLS Chart 17;
Graph, N T Participation Rate, BUDGE93B.XLS Chart 18; and
Graph, N T Full-time Employment, BUDGE93B.XLS Chart 39.

Discussion continued.
Paper tabled: The Treasurer (Mr Coulter) laid on the Table the following Paper -

"Unwilling to change", Editorial, N T News, dated 5 May 1992.

Discussion continued.
Discussion concluded.

11. POWER AND WATER AUTHORITY AMENDMENT BILL 1993 (Serial 287):
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 Transport and Works (Mr Manzie) the Bill was read a third time and passed to be a
proposed law.

12. EVIDENCE AMENDMENT BILL 1993 (Serial 288):
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.

13. NORTHERN TERRITORY TOURIST COMMISSION AMENDMENT BILL 1993 (Serial 293):
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 Tourism (Mr Coulter) the Bill was read a third time and passed to be a proposed law.

14. MOTOR VEHICLES AMENDMENT BILL 1993 (Serial 300); and TRAFFIC AMENDMENT BILL (No. 2) 1993 (Serial 299):
The order of the day having been read for the resumption of the debate on the question - That the Bills be now read a
second time -
Debate resumed.
Question - put and passed.
Bills read a second time.
Leave granted for a motion for the third reading of the Bills to be moved forthwith.
On the motion of the Minister for Transport and Works (Mr Manzie) the Bills were read a third time and passed to
be proposed laws.

15. TRUSTEE AMENDMENT BILL 1993 (Serial 292):
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 Transport and Works (Mr Manzie) the Bill was read a third time and passed to be a
proposed law.

16. ALTERATION TO ORDER OF BUSINESS:
The Leader of Government Business (Mr Setter) moved - That consideration of Government Business, Order of the Day No.
6, standing in the name of the Minister for Health and Community Services (Mr Reed), relating to the Adoption of
Children Bill 1993 (Serial 289), be postponed until a later hour.
Question - put and passed.

17. SUMMARY OFFENCES AMENDMENT BILL (No. 2) 1993 (Serial 294):
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.
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In the Committee
(Chairman - Mr McCarthy)

Clauses 1 to 4, by leave, taken together and agreed to.
On the motion of the Attorney-General (Mr Manzie) the following new clause was inserted in the Bill -

"4A. UNDUE NOISE

"Section 53B(3) of the Principal Act is amended by omitting '$200' and substituting '$2,000'.".

On the motion of Mr Manzie the following further new clause was inserted in the Bill -

"4B. NOISE ABATEMENT ORDERS

"Section 53D(3) of the Principal Act is amended by omitting '$200' and substituting '$2,000'.".

Clause 5 read.
The Member for Macdonnell (Mr Bell) moved the following amendment -

Insert after section 53E(3) the following:

"(4) A member of the police force who enters the premises or a part of the premises under this section
shall have power to -

(a) seize any equipment making undue noise;
(b) hold such equipment as security for payment of penalty under subsection (3); and
(c) dispose of such equipment if the penalty remains unpaid.".

Debate ensued.
Question - put.
The Committee divided (the Chairman, Mr McCarthy, in the Chair) -

AYES, 11 NOES, 14

Mr Bell Mr Coulter
Mr Bailey Mr Dondas
Mr Cartwright Mr Finch
Mr Collins Mr Hatton
Mr Ede Mr Manzie
Mrs Hickey Mr McCarthy
Mr Lanhupuy Mr Ortmann
Mrs Padgham-Purich Mr Palmer
Mr Parish Mr Perron
Mr Rioli Mr Poole
Mr Stirling Mr Reed
Mr Setter
Mr Stone
Mr Vale

And so it was resolved in the negative.
Clause 5 agreed to.
Remainder of the Bill, by leave, taken as a whole and agreed to.
Bill to be reported with amendments.
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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 Bill was read a third time and passed to be a proposed law.

18. NORTHERN TERRITORY EMPLOYMENT AND TRAINING AUTHORITY AMENDMENT BILL 1993 (Serial 286):
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 Education and Training (Mr Finch) the Bill was read a third time and passed to be a
proposed law.

19. ADJOURNMENT:
The Leader of Government Business (Mr Setter) moved - That the Assembly do now adjourn.
Debate ensued.
Paper tabled: The Member for Macdonnell (Mr Bell), by leave, laid on the Table the following Paper -

Letter, Hon. F.A. Finch, MLA to Mr Neil Bell, MLA, Member for Macdonnell, dated 4 February 1994.

Debate continued.
Paper tabled: The Member for Greatorex (Mr Collins), by leave, laid on the Table the following Paper -

Pamphlet, "Australia's Defence", A presentation by Brigadier F. P. Serong, DSO OBE; and
Article - "U.S. Judges manipulate juries", Aid & Abet, Volume 1.

Debate continued.
Question - put and passed.
The Assembly adjourned at 9.30 p.m. until tomorrow at 10.00 a.m.

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PAPERS:
The following Papers were deemed to have been presented on Tuesday 22 February 1994:

Annual Reports:
I00F Australia Trustees Limited, Special Purpose Financial Report, 1992-1993
National Australia Trustees Limited and its controlled entity, year ended 30 September 1993
National Crime Authority, 1992-93
Sessional Committee on Constitutional Development, 1992-93

By-laws:
Amendments of Northern Territory University (Academic Dress) By-laws
Amendments of Northern Territory University (Degrees and Other Awards)
Amendment of Public Sector Employment and Management By-laws, dated 8 November 1993
Amendment of Public Sector Employment and Management By-laws, dated 7 December 1993

Police Administration Act:
Police Arbitral Tribunal Determination No. T1 of 1994, pursuant to Section 35, dated 20 January 1994

Prisons (Arbitral Tribunal) Act:
Determination TC1 of 1994, pursuant to section 11A, dated 12 January 1994

Regulations, 1993:
No. 43 - Amendments of Territory Parks and Wildlife Conservation By-laws
No. 48 - Crown Proceedings Regulations
No. 49 - Amendments of Traffic Regulations
No. 50 - Amendments of Work Health Regulations
No. 51 - Domestic Violence Regulations Regulations, 1994:
No. 1 - Amendments of Education (School Councils) Regulations.

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ATTENDANCE:
All Members attended the sitting.
Last updated: 04 Aug 2016