Minutes of Proceedings - 1994-08-24
Seventh Assembly First Session 23/08/1994 Parliamentary Record No. 2
__________________________________________________________________________________
Date : 24/08/1994__________________________________________________________________________________
1. MEETING:
The Assembly met at 10.00 a.m., pursuant to adjournment.
The Speaker, the Honourable T.R. McCarthy, took the Chair.
2. PRAYERS.
3. VISITORS:
The Speaker drew the attention of Honourable Members to the presence in the gallery of
students from Year 10 at Jabiru Area School and their teacher Mr Andrew Davies.
On behalf of Honourable Members, the Speaker extended a warm welcome to the visitors.
4. QUESTIONS:
Questions were asked of Ministers.
5. APPOINTMENT OF BOARD OF INQUIRY PURSUANT TO SECTION 4A OF THE INQUIRIES ACT - MOTION TO SUSPEND STANDING ORDERS - MOTION NEGATIVED:
Suspension of Standing Orders: The Member for Wanguri (Mr Bailey) moved - That so much of Standing Orders be suspended as would prevent him moving the following motion -
That the Assembly pursuant to its powers under Section 4A of the Inquiries Act, resolve that a Board of Inquiry be appointed to inquire into,
and report to the Administrator of the Northern Territory on the apparent failure of the Department of Law to advise the Department of Education
of the findings of a coronial inquiry which made findings concerning BCF fire extinguishers.
Debate ensued.
The Leader of Government Business (Mr Stone) moved - That the question be now put.
Question - That the question be now put - put and passed.
Question - That the motion be agreed to - put.
The Assembly divided (the Speaker, Hon. T.R. McCarthy, in the Chair) -
AYES, 7 NOES, 17
Mr Bailey Mr Adamson
Mr Bell Mr Baldwin
Mr Ede Mrs Braham
Mrs Hickey Mr Burke
Mr Lanhupuy Mr Coulter
Mr Rioli Mr Finch
Mr Stirling Mr Hatton
Dr Lim
Mr Manzie
Page 51
Mr Mitchell
Mrs Padgham-Purich
Mr Palmer
Mr Perron
Mr Poole
Mr Reed
Mr Setter
Mr Stone
And so it was resolved in the negative.
6. SUBORDINATE LEGISLATION AND TABLED PAPERS COMMITTEE - CHANGE IN MEMBERSHIP:
The Leader of Government Business (Mr Stone), by leave, moved - That the Member for Karama (Mr Palmer) be discharged from further attendance on the
Subordinate Legislation and Tabled Papers Committee and that the Member for Greatorex (Dr Lim) be appointed in his place.
Question - put and passed.
7. SESSIONAL COMMITTEE ON THE ENVIRONMENT - CHANGE IN MEMBERSHIP:
The Leader of Government Business (Mr Stone), by leave, moved - That the Member for Karama (Mr Palmer) be discharged from further attendance on the
Sessional Committee on the Environment and that the Member for Greatorex (Dr Lim) be appointed in his place.
Question - put and passed.
8. REPORT ON THE LEADERS' FORUM, 29 JULY 1994 AND COUNCIL OF AUSTRALIAN GOVERNMENTS, 19 AUGUST 1994 - MINISTERIAL STATEMENT - STATEMENT NOTED:
The Chief Minister (Mr Perron) made a statement relating to the meeting of Premiers and Chief Ministers held in Sydney on 29 July 1994 and the
Council of Australian Governments meeting held in Darwin on 19 August 1994 (Paper 89).
Papers tabled: Mr Perron laid on the Table the following Papers -
. Communique, Meeting of Premiers and Chief Ministers, 29 July 1994 (Sydney) (Paper 90); and
. Council of Australian Governments Meeting, Darwin, 19 August 1994 (Paper 93).
Mr Perron moved - That the Assembly take note of the Statement.
Debate ensued.
_______________________
Suspension of sitting: The sitting was suspended between 12 noon and 2.00 p.m.
_______________________
Debate resumed.
Paper tabled: The Member for Barkly (Mrs Hickey), by leave, laid on the Table the following Paper -
Page 52
. Consultants Brief, Australian Urban and Regional Development Review (Paper 152).
Debate continued.
Question - put and passed.
9. ADDRESS-IN-REPLY:
The order of the day having been read for the resumption of the debate on the motion -
That the following Address be agreed to:
"To His Honour the Administrator of the Northern Territory of Australia.
"MAY IT PLEASE YOUR HONOUR - We, the Legislative Assembly of the Northern Territory, in Parliament assembled, desire to express our loyalty to
our Most Gracious Sovereign, and to thank Your Honour for the Speech which you have been pleased to address to the Assembly.".
Debate ensued.
Ordered - That debate be adjourned and the Minister for Public Employment (Mr Poole) have leave to continue his remarks at a later hour.
10. FINANCIAL ADMINISTRATION AND AUDIT AMENDMENT BILL 1994 (Serial 1):
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 ensued.
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 Setter)
Clauses 1 to 5, by leave, taken together and agreed to.
Clause 6 agreed to, after debate.
Remainder of the Bill, by leave, taken together and agreed to.
Bill to be reported without amendment.
_______________________
The Speaker (Hon. T.R. McCarthy) resumed the Chair; the Chairman of Committees (Mr Setter) reported accordingly; 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.
11. STATUTE LAW REVISION BILL 1994 (Serial 25):
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 ensued.
Question - put and passed.
Page 53
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 Setter)
Bill, by leave, taken as a whole and agreed to, after debate.
Bill to be reported without amendment.
_______________________
The Speaker (Hon. T.R. McCarthy) resumed the Chair; the Chairman of Committees
(Mr Setter) reported accordingly; and the report was adopted.
On the motion of the Attorney-General (Mr Finch) the Bill was read a third time and passed to be a proposed law.
12. CHOICE OF LAW (LIMITATION PERIODS) BILL 1994 (Serial 13):
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 ensued.
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 Finch) the Bill was read a third time and passed to be a proposed law.
13. CRIMINAL CODE AMENDMENT BILL (No. 2) 1994 (Serial 14):
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 ensued.
Question - put and passed.
Bill read a second time.
_______________________
In the Committee
(Chairman - Mr Setter)
Bill, by leave, taken as a whole.
The Leader of the Opposition (Mr Ede) moved - That the following proposed new clause 2A be inserted after clause 2 -
"2A. NEW SECTION
"The Criminal Code is amended by inserting after section 193 the following:
`193A. FAMILY VIOLENCE
`Any person who unlawfully assaults another person who is in a domestic relationship
with that person within the meaning of the Domestic Violence Act is guilty of a crime
and is liable to imprisonment for 7 years.'.".
Page 54
Debate ensued.
Proposed new clause negatived.
Bill as a whole agreed to.
Bill to be reported without amendment.
_________________________
The Speaker (Hon. T.R. McCarthy) resumed the Chair; the Chairman of Committees (Mr Setter) reported accordingly; and the report was adopted.
On the motion of the Attorney-General (Mr Finch) the Bill was read a third time and passed to be a proposed law.
14. DIRECTOR OF PUBLIC PROSECUTIONS AMENDMENT BILL 1994 (Serial 15):
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 ensued.
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 Setter)
Bill, by leave, taken as a whole.
The Leader of the Opposition (Mr Ede) moved - That the following proposed new clause 4A be inserted after clause 4 -
"4A . INFORMATION TO BE FURNISHED TO ATTORNEY- GENERAL
"Section 30 of the Principal Act is amended by omitting 'information' and substituting
`information, other than any opinion or internal working document,'.".
Question - That the proposed new clause be agreed to - put.
The Assembly divided (the Chairman, Mr R.A. Setter, in the Chair) -
AYES, 6 NOES, 18
Mr Bailey Mr Adamson
Mr Bell Mr Baldwin
Mr Ede Mrs Braham
Mrs Hickey Mr Burke
Mr Lanhupuy Mr Coulter
Mr Stirling Mr Finch
Mr Hatton
Dr Lim
Mr Manzie
Mr McCarthy
Mr Mitchell
Page 55
Mrs Padgham-Purich
Mr Palmer
Mr Perron
Mr Poole
Mr Reed
Mr Setter
Mr Stone
Proposed new clause negatived accordingly.
Bill as a whole, agreed to.
Bill to be reported without amendment.
___________________________
The Speaker (Hon. T.R. McCarthy) resumed the Chair; the Chairman of Committees
(Mr Setter) reported accordingly; and the report was adopted.
On the motion of the Attorney-General (Mr Finch) the Bill was read a third time and passed to be a proposed law.
15. NOTICE:
The following notice was given, by leave:
Mr Coulter: To present the Environment Assessment Amendment Bill 1994 (Serial 26).
16. ADJOURNMENT:
The Minister for Health and Community Services (Mr Reed) 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 -
. Article, "Why there should be a State Mineral Collection", the AusIMM
Annual Conference, Darwin, 5-9 August 1994 (Paper 91).
Debate continued.
Paper tabled: The Minister for Asian Relations and Trade (Mr Stone) laid on the Table the following Paper:
. Booklet, N T Business & the Law, Department of Industries and Development;
Ministry of Asian Relations and Trade and the Law Society of the Northern Territory (Paper 92).
Debate continued.
Question - put and passed.
And the Assembly adjourned at 8.57 p.m. until tomorrow at 10.00 a.m.
___________________________
ATTENDANCE:
All Members attended the sitting.
Page 56
__________________________________________________________________________________
Date : 24/08/1994
1. MEETING:
The Assembly met at 10.00 a.m., pursuant to adjournment.
The Speaker, the Honourable T.R. McCarthy, took the Chair.
2. PRAYERS.
3. VISITORS:
The Speaker drew the attention of Honourable Members to the presence in the gallery of
students from Year 10 at Jabiru Area School and their teacher Mr Andrew Davies.
On behalf of Honourable Members, the Speaker extended a warm welcome to the visitors.
4. QUESTIONS:
Questions were asked of Ministers.
5. APPOINTMENT OF BOARD OF INQUIRY PURSUANT TO SECTION 4A OF THE INQUIRIES ACT - MOTION TO SUSPEND STANDING ORDERS - MOTION NEGATIVED:
Suspension of Standing Orders: The Member for Wanguri (Mr Bailey) moved - That so much of Standing Orders be suspended as would prevent him moving the following motion -
That the Assembly pursuant to its powers under Section 4A of the Inquiries Act, resolve that a Board of Inquiry be appointed to inquire into,
and report to the Administrator of the Northern Territory on the apparent failure of the Department of Law to advise the Department of Education
of the findings of a coronial inquiry which made findings concerning BCF fire extinguishers.
Debate ensued.
The Leader of Government Business (Mr Stone) moved - That the question be now put.
Question - That the question be now put - put and passed.
Question - That the motion be agreed to - put.
The Assembly divided (the Speaker, Hon. T.R. McCarthy, in the Chair) -
AYES, 7 NOES, 17
Mr Bailey Mr Adamson
Mr Bell Mr Baldwin
Mr Ede Mrs Braham
Mrs Hickey Mr Burke
Mr Lanhupuy Mr Coulter
Mr Rioli Mr Finch
Mr Stirling Mr Hatton
Dr Lim
Mr Manzie
Page 51
Mr Mitchell
Mrs Padgham-Purich
Mr Palmer
Mr Perron
Mr Poole
Mr Reed
Mr Setter
Mr Stone
And so it was resolved in the negative.
6. SUBORDINATE LEGISLATION AND TABLED PAPERS COMMITTEE - CHANGE IN MEMBERSHIP:
The Leader of Government Business (Mr Stone), by leave, moved - That the Member for Karama (Mr Palmer) be discharged from further attendance on the
Subordinate Legislation and Tabled Papers Committee and that the Member for Greatorex (Dr Lim) be appointed in his place.
Question - put and passed.
7. SESSIONAL COMMITTEE ON THE ENVIRONMENT - CHANGE IN MEMBERSHIP:
The Leader of Government Business (Mr Stone), by leave, moved - That the Member for Karama (Mr Palmer) be discharged from further attendance on the
Sessional Committee on the Environment and that the Member for Greatorex (Dr Lim) be appointed in his place.
Question - put and passed.
8. REPORT ON THE LEADERS' FORUM, 29 JULY 1994 AND COUNCIL OF AUSTRALIAN GOVERNMENTS, 19 AUGUST 1994 - MINISTERIAL STATEMENT - STATEMENT NOTED:
The Chief Minister (Mr Perron) made a statement relating to the meeting of Premiers and Chief Ministers held in Sydney on 29 July 1994 and the
Council of Australian Governments meeting held in Darwin on 19 August 1994 (Paper 89).
Papers tabled: Mr Perron laid on the Table the following Papers -
. Communique, Meeting of Premiers and Chief Ministers, 29 July 1994 (Sydney) (Paper 90); and
. Council of Australian Governments Meeting, Darwin, 19 August 1994 (Paper 93).
Mr Perron moved - That the Assembly take note of the Statement.
Debate ensued.
_______________________
Suspension of sitting: The sitting was suspended between 12 noon and 2.00 p.m.
_______________________
Debate resumed.
Paper tabled: The Member for Barkly (Mrs Hickey), by leave, laid on the Table the following Paper -
Page 52
. Consultants Brief, Australian Urban and Regional Development Review (Paper 152).
Debate continued.
Question - put and passed.
9. ADDRESS-IN-REPLY:
The order of the day having been read for the resumption of the debate on the motion -
That the following Address be agreed to:
"To His Honour the Administrator of the Northern Territory of Australia.
"MAY IT PLEASE YOUR HONOUR - We, the Legislative Assembly of the Northern Territory, in Parliament assembled, desire to express our loyalty to
our Most Gracious Sovereign, and to thank Your Honour for the Speech which you have been pleased to address to the Assembly.".
Debate ensued.
Ordered - That debate be adjourned and the Minister for Public Employment (Mr Poole) have leave to continue his remarks at a later hour.
10. FINANCIAL ADMINISTRATION AND AUDIT AMENDMENT BILL 1994 (Serial 1):
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 ensued.
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 Setter)
Clauses 1 to 5, by leave, taken together and agreed to.
Clause 6 agreed to, after debate.
Remainder of the Bill, by leave, taken together and agreed to.
Bill to be reported without amendment.
_______________________
The Speaker (Hon. T.R. McCarthy) resumed the Chair; the Chairman of Committees (Mr Setter) reported accordingly; 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.
11. STATUTE LAW REVISION BILL 1994 (Serial 25):
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 ensued.
Question - put and passed.
Page 53
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 Setter)
Bill, by leave, taken as a whole and agreed to, after debate.
Bill to be reported without amendment.
_______________________
The Speaker (Hon. T.R. McCarthy) resumed the Chair; the Chairman of Committees
(Mr Setter) reported accordingly; and the report was adopted.
On the motion of the Attorney-General (Mr Finch) the Bill was read a third time and passed to be a proposed law.
12. CHOICE OF LAW (LIMITATION PERIODS) BILL 1994 (Serial 13):
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 ensued.
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 Finch) the Bill was read a third time and passed to be a proposed law.
13. CRIMINAL CODE AMENDMENT BILL (No. 2) 1994 (Serial 14):
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 ensued.
Question - put and passed.
Bill read a second time.
_______________________
In the Committee
(Chairman - Mr Setter)
Bill, by leave, taken as a whole.
The Leader of the Opposition (Mr Ede) moved - That the following proposed new clause 2A be inserted after clause 2 -
"2A. NEW SECTION
"The Criminal Code is amended by inserting after section 193 the following:
`193A. FAMILY VIOLENCE
`Any person who unlawfully assaults another person who is in a domestic relationship
with that person within the meaning of the Domestic Violence Act is guilty of a crime
and is liable to imprisonment for 7 years.'.".
Page 54
Debate ensued.
Proposed new clause negatived.
Bill as a whole agreed to.
Bill to be reported without amendment.
_________________________
The Speaker (Hon. T.R. McCarthy) resumed the Chair; the Chairman of Committees (Mr Setter) reported accordingly; and the report was adopted.
On the motion of the Attorney-General (Mr Finch) the Bill was read a third time and passed to be a proposed law.
14. DIRECTOR OF PUBLIC PROSECUTIONS AMENDMENT BILL 1994 (Serial 15):
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 ensued.
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 Setter)
Bill, by leave, taken as a whole.
The Leader of the Opposition (Mr Ede) moved - That the following proposed new clause 4A be inserted after clause 4 -
"4A . INFORMATION TO BE FURNISHED TO ATTORNEY- GENERAL
"Section 30 of the Principal Act is amended by omitting 'information' and substituting
`information, other than any opinion or internal working document,'.".
Question - That the proposed new clause be agreed to - put.
The Assembly divided (the Chairman, Mr R.A. Setter, in the Chair) -
AYES, 6 NOES, 18
Mr Bailey Mr Adamson
Mr Bell Mr Baldwin
Mr Ede Mrs Braham
Mrs Hickey Mr Burke
Mr Lanhupuy Mr Coulter
Mr Stirling Mr Finch
Mr Hatton
Dr Lim
Mr Manzie
Mr McCarthy
Mr Mitchell
Page 55
Mrs Padgham-Purich
Mr Palmer
Mr Perron
Mr Poole
Mr Reed
Mr Setter
Mr Stone
Proposed new clause negatived accordingly.
Bill as a whole, agreed to.
Bill to be reported without amendment.
___________________________
The Speaker (Hon. T.R. McCarthy) resumed the Chair; the Chairman of Committees
(Mr Setter) reported accordingly; and the report was adopted.
On the motion of the Attorney-General (Mr Finch) the Bill was read a third time and passed to be a proposed law.
15. NOTICE:
The following notice was given, by leave:
Mr Coulter: To present the Environment Assessment Amendment Bill 1994 (Serial 26).
16. ADJOURNMENT:
The Minister for Health and Community Services (Mr Reed) 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 -
. Article, "Why there should be a State Mineral Collection", the AusIMM
Annual Conference, Darwin, 5-9 August 1994 (Paper 91).
Debate continued.
Paper tabled: The Minister for Asian Relations and Trade (Mr Stone) laid on the Table the following Paper:
. Booklet, N T Business & the Law, Department of Industries and Development;
Ministry of Asian Relations and Trade and the Law Society of the Northern Territory (Paper 92).
Debate continued.
Question - put and passed.
And the Assembly adjourned at 8.57 p.m. until tomorrow at 10.00 a.m.
___________________________
ATTENDANCE:
All Members attended the sitting.
Page 56
Last updated: 04 Aug 2016