Minutes of Proceedings - 1992-02-27
Sixth Assembly First Session 25/02/1992 Parliamentary Record No. 8
__________________________________________________________________________________
Date : 27/02/1992__________________________________________________________________________________
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. QUESTIONS:
Questions were asked of Ministers.
Paper tabled: The Treasurer (Mr Coulter) laid on the Table the following Paper -
. Chart 14: Additional Rail Funding, from "One Nation", Statement made by Hon P.J. Keating, MP, dated 26 February 1992.
Further questions were asked of Ministers.
4. NORTHERN TERRITORY LEGAL AID COMMISSION ANNUAL REPORT, 1990-91 - PAPER TABLED - MOTION TO NOTE PAPER:
The Attorney-General (Mr Manzie) laid on the Table the Annual Report of the Northern Territory Legal Aid Commission for the year
1990-91 and made a statement relating thereto.
Mr Manzie moved - That the Assembly take note of the Paper.
On the motion of the Member for Macdonnell (Mr Bell) debate was adjourned.
5. WORK HEALTH AMENDMENT ACT (No.2) 1991 AMENDMENT BILL 1992 (Serial 128):
The Minister for Lands and Housing (Mr Ortmann), pursuant to notice, presented a Bill for an Act to amend the Work Health
Amendment Act (No.2) 1991.
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.
6. MOTOR VEHICLES AMENDMENT BILL 1992 (Serial 126):
The Minister for Transport and Works (Mr Finch), pursuant to notice, presented a Bill for an Act to amend the Motor Vehicles Act.
Bill read a first time.
Mr Finch moved - That the Bill be now read a second time.
On the motion of the Member for Arnhem (Mr Lanhupuy) debate was adjourned.
7. SUSPENSION OF STANDING ORDERS - TAKE TWO BILLS TOGETHER:
The Minister for Transport and Works (Mr Finch) moved - That so much of Standing Orders be suspended as would prevent
theTraffic Amendment Bill 1991 (Serial 120) and Motor Vehicles Amendment Bill 1992 (Serial 126) -
(a) being considered 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
Page 301
(b) the consideration of the Bills separately in Committee of the Whole.
Question - put and passed - there being an absolute majority of the whole number of Members present and no dissentient voice.
8. ONE NATION - ADDRESS BY THE PRIME MINISTER - MOTION, AS AMENDED, AGREED TO:
Suspension of Standing Orders: The Leader of the Opposition (Mr Ede) moved - That so much of Standing Orders be
suspended as would prevent him moving the following motion -
"This House congratulates the Prime Minister on his plan for economic development of Australia as presented
in the Federal Parliament last night".
Question - put and passed - there being an absolute majority of the whole number of Members present and no dissentient voice.
Mr Ede thereupon moved - That -
"This House congratulates the Prime Minister on his plan for economic development of Australia as presented
in the Federal Parliament last night".
Paper tabled: The Leader of the Opposition (Mr Ede), by leave, laid on the Table the following Paper -
. Computer list, Borrowed Funds Flow.
____________________
Suspension of sitting: The sitting was suspended between 11.50 a.m. and 2.00 p.m.
____________________
The Treasurer (Mr Coulter) moved the following amendment -
Omit all words after "This House" and insert the following in their stead:
(1) condemns the Federal Labor Government and the Honourable
the Prime Minister for failing totally to recognise the needs of
Northern Territorians while attempting to address National
Economic recovery; and
(2) further condemns the Federal Labor Government and the
Honourable the Prime Minister for promoting railway projects
and infrastructure everywhere in Australia, except the
Northern Territory".
Debate ensued.
Paper tabled: The Deputy Leader of the Opposition (Mr Bailey), by leave, laid on the Table the following Paper -
. "Over the Top End", Article, The Sydney Morning Herald, dated 8 February 1992.
Debate continued.
Question - That the amendment be agreed to - put and passed.
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Question - That the motion, as amended, be agreed to - put.
The Assembly divided (the Speaker, Hon. N.M. Dondas, in the Chair) -
AYES, 14 NOES, 9
Mr Coulter Mr Bailey
Mr Dondas Mr Bell
Mr Finch Mr Cartwright
Mr Hatton Mr Ede
Mr Manzie Mrs Hickey
Mr McCarthy Mr Lanhupuy
Mr Ortmann Mr Parish
Mrs Padgham-Purich Mr Stirling
Mr Palmer Mr Tipiloura
Mr Perron
Mr Poole
Mr Reed
Mr Setter
Mr Stone
And so it was resolved in the affirmative.
9. PROPOSED CENSURE OF THE MEMBER FOR KATHERINE - BRINGING INTO DISREPUTE THE ASSEMBLY
AND OFFICE - MOTION NEGATIVED:
Suspension of Standing Orders: The Leader of the Opposition (Mr Ede) moved - That so much of Standing Orders be
suspended as would prevent him moving the following motion:
That this Assembly censures the Member for Katherine for stating in reference to welfare recipients within the
Electorate of Stuart receiving a further $3 per child per week of Family Assistance Subsidy: "They will spend
it on grog", thus bringing, or tending to bring, into disrepute both this Assembly and his Office as a Minister of
the Crown.
Question - put and passed - there being an absolute majority of the whole number of Members present and no dissentient voice.
Proposed censure: Mr Ede thereupon moved - That - this Assembly censures the Member for Katherine for stating in reference
to welfare recipients within the Electorate of Stuart receiving a further $3 per child per week of Family Assistance Subsidy:
"They will spend it on grog", thus bringing, or tending to bring, into disrepute both this Assembly and his Office as a Minister
of the Crown.
Debate ensued.
The Minister for Primary Industries and Fisheries (Mr Reed) moved -
That the question be now put.
Question - That the question be now put - put.
The Assembly divided (the Speaker, Hon. N.M. Dondas, in the Chair) -
AYES, 14 NOES, 9
Mr Coulter Mr Bailey
Mr Dondas Mr Bell
Mr Finch Mr Cartwright
Mr Hatton Mr Ede
Mr Manzie Mrs Hickey
Mr McCarthy Mr Lanhupuy
Mr Ortmann Mr Parish
Page 303
Mrs Padgham-Purich Mr Stirling
Mr Palmer Mr Tipiloura
Mr Perron
Mr Poole
Mr Reed
Mr Setter
Mr Stone
And so it was resolved in the affirmative.
Question - That the motion be agreed to - put.
The Assembly divided (the Speaker, Hon. N.M. Dondas, in the Chair) -
AYES, 9 NOES, 14
Mr Bailey Mr Coulter
Mr Bell Mr Dondas
Mr Cartwright Mr Finch
Mr Ede Mr Hatton
Mrs Hickey Mr Manzie
Mr Lanhupuy Mr McCarthy
Mr Parish Mr Ortmann
Mr Stirling Mrs Padgham-Purich
Mr Tipiloura Mr Palmer
Mr Perron
Mr Poole
Mr Reed
Mr Setter
Mr Stone
Motion negatived accordingly.
10. BUSHFIRES AMENDMENT BILL 1991 (Serial 123):
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 Conservation (Mr Reed) the Bill was read a third time and passed to be a proposed law.
11. LAW REFORM (MISCELLANEOUS PROVISIONS) AMENDMENT BILL (No.2) 1991 (Serial 122):
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.
____________________
In the Committee
(Deputy Chairman - Mrs Hickey)
Bill, by leave, taken as a whole.
On the motion of the Attorney-General (Mr Manzie) the following new clause was inserted in the Bill -
Page 304
"1A. COMMENCEMENT
"This Act shall come into operation on the commencement of the Dog Act Repeal Act 1991.".
Bill, as amended, agreed to.
Bill to be reported with an amendment.
____________________
The Speaker (Mr Dondas) resumed the Chair; the Deputy Chairman (Mrs Hickey) reported accordingly; and the report was adopted.
On the motion of the Attorney-General (Mr Manzie) the Bill was read a third time and passed to be a proposed law.
12. LEGISLATIVE ASSEMBLY MEMBERS' SUPERANNUATION AMENDMENT BILL 1991 (Serial 124):
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.
____________________
In the Committee
(Chairman - Mr Poole)
Clauses 1 and 2, by leave, taken together and agreed to.
The Leader of the Opposition (Mr Ede) by leave, moved - That the following proposed new clauses 3 and 4 be taken together
and added to the Bill -
Insert after clause 2 the following:
"3. COMPUTATION OF PENSION - FORMER MEMBER
"Section 25 of the Legislative Assembly Members' Superannuation Act is amended by omitting from subsection (1)
'all or part' and substituting 'up to 50%'.
"4. COMMUTATION OF PENSION - SPOUSE
"Section 25A(4) of the Legislative Assembly Members' Superannuation Act is amended by omitting 'all or part' and
substituting 'up to 50%'.".
Proposed new clauses 3 and 4 negatived, after debate.
On the motion of Mr Ede the following new clause was added to the Bill, after debate -
"5. HOLDING OF CERTAIN OFFICES
"Section 28 of the Legislative Assembly Members' Superannuation Act is amended by omitting subsection (1) and
substituting the following:
Page 305
'(1) Where a person who is receiving or is entitled to receive a pension under this Act becomes a member of the
Parliament of the Commonwealth, or of a State or another Territory of the Commonwealth, the right of that
person to receive a pension under this Act shall be suspended for the period or periods during which that
person is such a member.'.".
Title 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 Bill and
agreed to same with an amendment; and the report was adopted.
On the motion of the Chief Minister (Mr Perron) the Bill was read a third time and passed to be a proposed law.
13. WATER BILL 1991 (Serial 110); and MINING AMENDMENT BILL (No.3) 1991 (Serial 111):
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 Committee of the Whole for the consideration of the Bills.
____________________
In the Committee
(Chairman - Mr Poole)
Water Bill 1991 (Serial 110):
Clauses 1 to 19, by leave, taken together, and agreed to, after debate.
Clause 20 read.
The Member for Arnhem (Mr Lanhupuy) moved the following amendment -
Insert in subclause (2) after "repair" the words "or, in an emergency,".
Amendment negatived, after debate.
Mr Lanhupuy moved the following further amendment -
Omit from subclause (5) all words after "within such period" and insert in their stead "not less than 7 days
as is specified in the notice, except in the case of an emergency.".
Amendment negatived, after debate.
Clause 20 agreed to.
Clauses 21 to 23, by leave, taken together and agreed to.
Clause 24 read.
On the motion of the Minister for Transport and Works (Mr Finch) the following amendment was agreed to -
Omit from subclause (2) "section 30(3)(c)" and insert in its stead "section 30(3)(b)".
On the motion of Mr Lanhupuy the following further amendment was agreed to -
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Omit from subclause (4) "occasion for" and insert in its stead "occasion arises for".
On the motion of Mr Finch the following further amendment was agreed to -
Omit from subclause (5) "matter" and insert in its stead "matters".
Clause 24, as amended, agreed to.
Clause 25 read.
Mr Lanhupuy moved the following amendment -
Omit from subclause (2) "accepted" and insert in its stead "received".
Amendment negatived, after debate.
Clause 25 agreed to.
Clauses 26 to 28, by leave, taken together and agreed to.
Clause 29 read.
On the motion of Mr Finch the following amendment was agreed to -
Omit from subclause (1) "section 30(3)(c)" and insert in its stead "section 30(3)(b)".
Clause 29, as amended, agreed to.
Clause 30 read.
Mr Lanhupuy moved the following amendment -
Omit subclause (3)(a)(ii).
Amendment negatived, after debate.
Clause 30 agreed to.
Clause 31 agreed to.
Clause 32 read.
Mr Lanhupuy moved the following amendment -
Add at the end "and the Minister shall lay the recommendation before the Legislative Assembly within 3 sitting
days of that Assembly after the Minister received the reasons and the recommendation".
Amendment negatived, after debate.
Clause 32 agreed to.
Clause 33 agreed to.
Clause 34 read.
On the motion of Mr Finch the following amendment was agreed to -
Omit "It is the duty" and insert in its stead "To enable effective planning for water resource development and
environmental protection, it is the duty".
Clause 34, as amended, agreed to.
Clauses 35 to 39, by leave, taken together and agreed to.
Clause 40 read.
On the motion of Mr Lanhupuy the following amendment was agreed to -
Omit from subclause (2) "sensibly" and insert in its stead "materially".
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Clause 40, as amended, agreed to.
Clauses 41 to 47, by leave, taken together and agreed to.
Clause 48 read.
On the motion of Mr Finch the following amendment was agreed to, after debate -
Omit from subclause (1) "25 penalty units" (twice occurring) and insert in its stead "$5,000".
On the motion of Mr Finch the following further amendment was agreed to -
Omit from subclause (1) "50 penalty units" and insert in its stead "$10,000".
Clause 48, as amended, agreed to.
Clauses 49 to 69, by leave, taken together and agreed to, after debate.
Clause 70 read.
On the motion of Mr Lanhupuy the following amendment was agreed to, after debate -
Insert after "direct that person" the words ", within the period specified in the notice,".
Clause 70, as amended, agreed to.
Clauses 71 and 72, by leave, taken together and agreed to.
Clause 73 read.
Mr Lanhupuy moved the following amendment -
Omit subclause (3)(d) and insert in its stead the following:
"(d) such period not exceeding 2 years as the Controller permits; or".
Amendment negatived, after debate.
Clause 73 agreed to.
Clause 74 read.
Mr Lanhupuy moved the following amendment -
Omit subclause (4).
Amendment negatived, after debate.
Clause 74 agreed to.
Clauses 75 to 96, by leave, taken together and agreed to.
Clause 97 read.
Mr Lanhupuy moved the following amendment -
Omit subclause (1)(a).
Amendment negatived, after debate.
Mr Lanhupuy moved the following further amendment -
Omit clause (2).
Amendment negatived, after debate.
Clause 97 agreed to.
Clauses 98 to 108, by leave, taken together and agreed to.
Clause 109 read.
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MINUTES OF PROCEEDINGS - Thursday 27/Friday 28 February 1992 A.M.
On the motion of Mr Finch the following amendment was agreed to -
Omit from subclause (6) "1 January 1992" (twice occurring) and insert in its stead "30 June 1992".
Clause 109, as amended, agreed to.
Schedule agreed to.
Title agreed to.
Bill to reported with amendments.
Mining Amendment Bill (No.3) 1991 (Serial 111):
Bill, by leave, taken as a whole and agreed to.
Bill to be reported without amendment.
_____________________
The Acting Speaker (Mr Collins) resumed the Chair; the Chairman (Mr Poole) reported that the Committee had considered
the Bills and agreed to the Water Bill 1991 (Serial 110) with amendments; and the Mining Amendment Bill (No.3) 1991 (Serial 111)
without amendment; and the report was adopted.
On the motion of Mr Finch the Bills were read a third time and passed to be proposed laws.
14. ADJOURNMENT:
The Minister for Primary Industry and Fisheries (Mr Hatton) moved - That the Assembly do now adjourn.
Debate ensued.
And the Deputy Leader of the Opposition (Mr Bailey) having referred to a previous debate this day, inferred that a
Government Member was racist -
Point of order: The Minister for Conservation (Mr Reed) raised, as a point of order, that the remarks used in the context
of debate by Mr Bailey were unparliamentary and therefore should be withdrawn.
Ruling of Speaker: The Acting Deputy Speaker (Mr Collins) upheld the point of order and asked that the remarks be withdrawn.
Dissent from Speaker's ruling: The Member for Macdonnell (Mr Bell) moved - That the ruling of the Speaker be dissented
from and pursuant to Standing Order 82, submitted his motion of dissent in writing. The Deputy Leader of the Opposition
(Mr Bailey) seconded the motion.
Debate ensued.
The Minister for Transport and Works (Mr Finch) moved - That the Member for Macdonnell (Mr Bell) be not further heard.
Question - put and passed.
Question - That the Speaker's ruling be dissented from - put and negatived.
Mr Bailey withdrew the remarks objected to, after further debate.
Debate on the question - that the Assembly do now adjourn - continued.
Personal explanation: The Member for Jingili (Mr Setter) pursuant to Standing Order 54 made a personal explanation
relating to comments made by the Member for Millner (Mr Parish) previously in this debate.
And the Assembly having continued to sit until 12 midnight -
FRIDAY 28 FEBRUARY 1992, A.M.
Debate continued.
Question - put and passed.
The Assembly adjourned at 12.17 a.m. until Tuesday 3 March 1992 at 10.00 a.m.
Page 309
MINUTES OF PROCEEDINGS - Thursday 27/Friday 28 February 1992 A.M.
====================
PAPER:
The following Paper was deemed to have been presented on Thursday 27 February 1992:
Annual Report:
Northern Territory Police, Fire and Emergency Services, 1990-91.
====================
ATTENDANCE:
All Members attended the sitting except Mr Vale, on leave.
Page 310
__________________________________________________________________________________
Date : 27/02/1992
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. QUESTIONS:
Questions were asked of Ministers.
Paper tabled: The Treasurer (Mr Coulter) laid on the Table the following Paper -
. Chart 14: Additional Rail Funding, from "One Nation", Statement made by Hon P.J. Keating, MP, dated 26 February 1992.
Further questions were asked of Ministers.
4. NORTHERN TERRITORY LEGAL AID COMMISSION ANNUAL REPORT, 1990-91 - PAPER TABLED - MOTION TO NOTE PAPER:
The Attorney-General (Mr Manzie) laid on the Table the Annual Report of the Northern Territory Legal Aid Commission for the year
1990-91 and made a statement relating thereto.
Mr Manzie moved - That the Assembly take note of the Paper.
On the motion of the Member for Macdonnell (Mr Bell) debate was adjourned.
5. WORK HEALTH AMENDMENT ACT (No.2) 1991 AMENDMENT BILL 1992 (Serial 128):
The Minister for Lands and Housing (Mr Ortmann), pursuant to notice, presented a Bill for an Act to amend the Work Health
Amendment Act (No.2) 1991.
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.
6. MOTOR VEHICLES AMENDMENT BILL 1992 (Serial 126):
The Minister for Transport and Works (Mr Finch), pursuant to notice, presented a Bill for an Act to amend the Motor Vehicles Act.
Bill read a first time.
Mr Finch moved - That the Bill be now read a second time.
On the motion of the Member for Arnhem (Mr Lanhupuy) debate was adjourned.
7. SUSPENSION OF STANDING ORDERS - TAKE TWO BILLS TOGETHER:
The Minister for Transport and Works (Mr Finch) moved - That so much of Standing Orders be suspended as would prevent
theTraffic Amendment Bill 1991 (Serial 120) and Motor Vehicles Amendment Bill 1992 (Serial 126) -
(a) being considered 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
Page 301
(b) the consideration of the Bills separately in Committee of the Whole.
Question - put and passed - there being an absolute majority of the whole number of Members present and no dissentient voice.
8. ONE NATION - ADDRESS BY THE PRIME MINISTER - MOTION, AS AMENDED, AGREED TO:
Suspension of Standing Orders: The Leader of the Opposition (Mr Ede) moved - That so much of Standing Orders be
suspended as would prevent him moving the following motion -
"This House congratulates the Prime Minister on his plan for economic development of Australia as presented
in the Federal Parliament last night".
Question - put and passed - there being an absolute majority of the whole number of Members present and no dissentient voice.
Mr Ede thereupon moved - That -
"This House congratulates the Prime Minister on his plan for economic development of Australia as presented
in the Federal Parliament last night".
Paper tabled: The Leader of the Opposition (Mr Ede), by leave, laid on the Table the following Paper -
. Computer list, Borrowed Funds Flow.
____________________
Suspension of sitting: The sitting was suspended between 11.50 a.m. and 2.00 p.m.
____________________
The Treasurer (Mr Coulter) moved the following amendment -
Omit all words after "This House" and insert the following in their stead:
(1) condemns the Federal Labor Government and the Honourable
the Prime Minister for failing totally to recognise the needs of
Northern Territorians while attempting to address National
Economic recovery; and
(2) further condemns the Federal Labor Government and the
Honourable the Prime Minister for promoting railway projects
and infrastructure everywhere in Australia, except the
Northern Territory".
Debate ensued.
Paper tabled: The Deputy Leader of the Opposition (Mr Bailey), by leave, laid on the Table the following Paper -
. "Over the Top End", Article, The Sydney Morning Herald, dated 8 February 1992.
Debate continued.
Question - That the amendment be agreed to - put and passed.
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Question - That the motion, as amended, be agreed to - put.
The Assembly divided (the Speaker, Hon. N.M. Dondas, in the Chair) -
AYES, 14 NOES, 9
Mr Coulter Mr Bailey
Mr Dondas Mr Bell
Mr Finch Mr Cartwright
Mr Hatton Mr Ede
Mr Manzie Mrs Hickey
Mr McCarthy Mr Lanhupuy
Mr Ortmann Mr Parish
Mrs Padgham-Purich Mr Stirling
Mr Palmer Mr Tipiloura
Mr Perron
Mr Poole
Mr Reed
Mr Setter
Mr Stone
And so it was resolved in the affirmative.
9. PROPOSED CENSURE OF THE MEMBER FOR KATHERINE - BRINGING INTO DISREPUTE THE ASSEMBLY
AND OFFICE - MOTION NEGATIVED:
Suspension of Standing Orders: The Leader of the Opposition (Mr Ede) moved - That so much of Standing Orders be
suspended as would prevent him moving the following motion:
That this Assembly censures the Member for Katherine for stating in reference to welfare recipients within the
Electorate of Stuart receiving a further $3 per child per week of Family Assistance Subsidy: "They will spend
it on grog", thus bringing, or tending to bring, into disrepute both this Assembly and his Office as a Minister of
the Crown.
Question - put and passed - there being an absolute majority of the whole number of Members present and no dissentient voice.
Proposed censure: Mr Ede thereupon moved - That - this Assembly censures the Member for Katherine for stating in reference
to welfare recipients within the Electorate of Stuart receiving a further $3 per child per week of Family Assistance Subsidy:
"They will spend it on grog", thus bringing, or tending to bring, into disrepute both this Assembly and his Office as a Minister
of the Crown.
Debate ensued.
The Minister for Primary Industries and Fisheries (Mr Reed) moved -
That the question be now put.
Question - That the question be now put - put.
The Assembly divided (the Speaker, Hon. N.M. Dondas, in the Chair) -
AYES, 14 NOES, 9
Mr Coulter Mr Bailey
Mr Dondas Mr Bell
Mr Finch Mr Cartwright
Mr Hatton Mr Ede
Mr Manzie Mrs Hickey
Mr McCarthy Mr Lanhupuy
Mr Ortmann Mr Parish
Page 303
Mrs Padgham-Purich Mr Stirling
Mr Palmer Mr Tipiloura
Mr Perron
Mr Poole
Mr Reed
Mr Setter
Mr Stone
And so it was resolved in the affirmative.
Question - That the motion be agreed to - put.
The Assembly divided (the Speaker, Hon. N.M. Dondas, in the Chair) -
AYES, 9 NOES, 14
Mr Bailey Mr Coulter
Mr Bell Mr Dondas
Mr Cartwright Mr Finch
Mr Ede Mr Hatton
Mrs Hickey Mr Manzie
Mr Lanhupuy Mr McCarthy
Mr Parish Mr Ortmann
Mr Stirling Mrs Padgham-Purich
Mr Tipiloura Mr Palmer
Mr Perron
Mr Poole
Mr Reed
Mr Setter
Mr Stone
Motion negatived accordingly.
10. BUSHFIRES AMENDMENT BILL 1991 (Serial 123):
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 Conservation (Mr Reed) the Bill was read a third time and passed to be a proposed law.
11. LAW REFORM (MISCELLANEOUS PROVISIONS) AMENDMENT BILL (No.2) 1991 (Serial 122):
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.
____________________
In the Committee
(Deputy Chairman - Mrs Hickey)
Bill, by leave, taken as a whole.
On the motion of the Attorney-General (Mr Manzie) the following new clause was inserted in the Bill -
Page 304
"1A. COMMENCEMENT
"This Act shall come into operation on the commencement of the Dog Act Repeal Act 1991.".
Bill, as amended, agreed to.
Bill to be reported with an amendment.
____________________
The Speaker (Mr Dondas) resumed the Chair; the Deputy Chairman (Mrs Hickey) reported accordingly; and the report was adopted.
On the motion of the Attorney-General (Mr Manzie) the Bill was read a third time and passed to be a proposed law.
12. LEGISLATIVE ASSEMBLY MEMBERS' SUPERANNUATION AMENDMENT BILL 1991 (Serial 124):
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.
____________________
In the Committee
(Chairman - Mr Poole)
Clauses 1 and 2, by leave, taken together and agreed to.
The Leader of the Opposition (Mr Ede) by leave, moved - That the following proposed new clauses 3 and 4 be taken together
and added to the Bill -
Insert after clause 2 the following:
"3. COMPUTATION OF PENSION - FORMER MEMBER
"Section 25 of the Legislative Assembly Members' Superannuation Act is amended by omitting from subsection (1)
'all or part' and substituting 'up to 50%'.
"4. COMMUTATION OF PENSION - SPOUSE
"Section 25A(4) of the Legislative Assembly Members' Superannuation Act is amended by omitting 'all or part' and
substituting 'up to 50%'.".
Proposed new clauses 3 and 4 negatived, after debate.
On the motion of Mr Ede the following new clause was added to the Bill, after debate -
"5. HOLDING OF CERTAIN OFFICES
"Section 28 of the Legislative Assembly Members' Superannuation Act is amended by omitting subsection (1) and
substituting the following:
Page 305
'(1) Where a person who is receiving or is entitled to receive a pension under this Act becomes a member of the
Parliament of the Commonwealth, or of a State or another Territory of the Commonwealth, the right of that
person to receive a pension under this Act shall be suspended for the period or periods during which that
person is such a member.'.".
Title 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 Bill and
agreed to same with an amendment; and the report was adopted.
On the motion of the Chief Minister (Mr Perron) the Bill was read a third time and passed to be a proposed law.
13. WATER BILL 1991 (Serial 110); and MINING AMENDMENT BILL (No.3) 1991 (Serial 111):
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 Committee of the Whole for the consideration of the Bills.
____________________
In the Committee
(Chairman - Mr Poole)
Water Bill 1991 (Serial 110):
Clauses 1 to 19, by leave, taken together, and agreed to, after debate.
Clause 20 read.
The Member for Arnhem (Mr Lanhupuy) moved the following amendment -
Insert in subclause (2) after "repair" the words "or, in an emergency,".
Amendment negatived, after debate.
Mr Lanhupuy moved the following further amendment -
Omit from subclause (5) all words after "within such period" and insert in their stead "not less than 7 days
as is specified in the notice, except in the case of an emergency.".
Amendment negatived, after debate.
Clause 20 agreed to.
Clauses 21 to 23, by leave, taken together and agreed to.
Clause 24 read.
On the motion of the Minister for Transport and Works (Mr Finch) the following amendment was agreed to -
Omit from subclause (2) "section 30(3)(c)" and insert in its stead "section 30(3)(b)".
On the motion of Mr Lanhupuy the following further amendment was agreed to -
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Omit from subclause (4) "occasion for" and insert in its stead "occasion arises for".
On the motion of Mr Finch the following further amendment was agreed to -
Omit from subclause (5) "matter" and insert in its stead "matters".
Clause 24, as amended, agreed to.
Clause 25 read.
Mr Lanhupuy moved the following amendment -
Omit from subclause (2) "accepted" and insert in its stead "received".
Amendment negatived, after debate.
Clause 25 agreed to.
Clauses 26 to 28, by leave, taken together and agreed to.
Clause 29 read.
On the motion of Mr Finch the following amendment was agreed to -
Omit from subclause (1) "section 30(3)(c)" and insert in its stead "section 30(3)(b)".
Clause 29, as amended, agreed to.
Clause 30 read.
Mr Lanhupuy moved the following amendment -
Omit subclause (3)(a)(ii).
Amendment negatived, after debate.
Clause 30 agreed to.
Clause 31 agreed to.
Clause 32 read.
Mr Lanhupuy moved the following amendment -
Add at the end "and the Minister shall lay the recommendation before the Legislative Assembly within 3 sitting
days of that Assembly after the Minister received the reasons and the recommendation".
Amendment negatived, after debate.
Clause 32 agreed to.
Clause 33 agreed to.
Clause 34 read.
On the motion of Mr Finch the following amendment was agreed to -
Omit "It is the duty" and insert in its stead "To enable effective planning for water resource development and
environmental protection, it is the duty".
Clause 34, as amended, agreed to.
Clauses 35 to 39, by leave, taken together and agreed to.
Clause 40 read.
On the motion of Mr Lanhupuy the following amendment was agreed to -
Omit from subclause (2) "sensibly" and insert in its stead "materially".
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Clause 40, as amended, agreed to.
Clauses 41 to 47, by leave, taken together and agreed to.
Clause 48 read.
On the motion of Mr Finch the following amendment was agreed to, after debate -
Omit from subclause (1) "25 penalty units" (twice occurring) and insert in its stead "$5,000".
On the motion of Mr Finch the following further amendment was agreed to -
Omit from subclause (1) "50 penalty units" and insert in its stead "$10,000".
Clause 48, as amended, agreed to.
Clauses 49 to 69, by leave, taken together and agreed to, after debate.
Clause 70 read.
On the motion of Mr Lanhupuy the following amendment was agreed to, after debate -
Insert after "direct that person" the words ", within the period specified in the notice,".
Clause 70, as amended, agreed to.
Clauses 71 and 72, by leave, taken together and agreed to.
Clause 73 read.
Mr Lanhupuy moved the following amendment -
Omit subclause (3)(d) and insert in its stead the following:
"(d) such period not exceeding 2 years as the Controller permits; or".
Amendment negatived, after debate.
Clause 73 agreed to.
Clause 74 read.
Mr Lanhupuy moved the following amendment -
Omit subclause (4).
Amendment negatived, after debate.
Clause 74 agreed to.
Clauses 75 to 96, by leave, taken together and agreed to.
Clause 97 read.
Mr Lanhupuy moved the following amendment -
Omit subclause (1)(a).
Amendment negatived, after debate.
Mr Lanhupuy moved the following further amendment -
Omit clause (2).
Amendment negatived, after debate.
Clause 97 agreed to.
Clauses 98 to 108, by leave, taken together and agreed to.
Clause 109 read.
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MINUTES OF PROCEEDINGS - Thursday 27/Friday 28 February 1992 A.M.
On the motion of Mr Finch the following amendment was agreed to -
Omit from subclause (6) "1 January 1992" (twice occurring) and insert in its stead "30 June 1992".
Clause 109, as amended, agreed to.
Schedule agreed to.
Title agreed to.
Bill to reported with amendments.
Mining Amendment Bill (No.3) 1991 (Serial 111):
Bill, by leave, taken as a whole and agreed to.
Bill to be reported without amendment.
_____________________
The Acting Speaker (Mr Collins) resumed the Chair; the Chairman (Mr Poole) reported that the Committee had considered
the Bills and agreed to the Water Bill 1991 (Serial 110) with amendments; and the Mining Amendment Bill (No.3) 1991 (Serial 111)
without amendment; and the report was adopted.
On the motion of Mr Finch the Bills were read a third time and passed to be proposed laws.
14. ADJOURNMENT:
The Minister for Primary Industry and Fisheries (Mr Hatton) moved - That the Assembly do now adjourn.
Debate ensued.
And the Deputy Leader of the Opposition (Mr Bailey) having referred to a previous debate this day, inferred that a
Government Member was racist -
Point of order: The Minister for Conservation (Mr Reed) raised, as a point of order, that the remarks used in the context
of debate by Mr Bailey were unparliamentary and therefore should be withdrawn.
Ruling of Speaker: The Acting Deputy Speaker (Mr Collins) upheld the point of order and asked that the remarks be withdrawn.
Dissent from Speaker's ruling: The Member for Macdonnell (Mr Bell) moved - That the ruling of the Speaker be dissented
from and pursuant to Standing Order 82, submitted his motion of dissent in writing. The Deputy Leader of the Opposition
(Mr Bailey) seconded the motion.
Debate ensued.
The Minister for Transport and Works (Mr Finch) moved - That the Member for Macdonnell (Mr Bell) be not further heard.
Question - put and passed.
Question - That the Speaker's ruling be dissented from - put and negatived.
Mr Bailey withdrew the remarks objected to, after further debate.
Debate on the question - that the Assembly do now adjourn - continued.
Personal explanation: The Member for Jingili (Mr Setter) pursuant to Standing Order 54 made a personal explanation
relating to comments made by the Member for Millner (Mr Parish) previously in this debate.
And the Assembly having continued to sit until 12 midnight -
FRIDAY 28 FEBRUARY 1992, A.M.
Debate continued.
Question - put and passed.
The Assembly adjourned at 12.17 a.m. until Tuesday 3 March 1992 at 10.00 a.m.
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MINUTES OF PROCEEDINGS - Thursday 27/Friday 28 February 1992 A.M.
====================
PAPER:
The following Paper was deemed to have been presented on Thursday 27 February 1992:
Annual Report:
Northern Territory Police, Fire and Emergency Services, 1990-91.
====================
ATTENDANCE:
All Members attended the sitting except Mr Vale, on leave.
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Last updated: 04 Aug 2016