Department of the Legislative Assembly, Northern Territory Government

Minutes of Proceedings - 1998-10-06

Eighth Assembly First Session 06/10/1998 Parliamentary Record No. 10
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Date : 06/10/1998
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1. MEETING:
    The Assembly met at 10.00 h, pursuant to resolution of the Assembly, dated Thursday 20 August 1998. The Speaker, the Honourable L M Braham, took the Chair.

2. PRAYERS.

3. NOTICES:
    The following notices were given:
    Mr Stone: To move - That this Assembly resolves that:
          (1) this Parliament reaffirm its commitment to Territory Statehood;

          (2) both the Country Liberal Party and the Australian Labor Party recommit to the Territory becoming the seventh state of Australia;

          (3) the Country Liberal Party and the Australian Labor Party both acknowledge that there is an incumbent responsibility of all members of the Legislative Assembly to better explain and amplify the merits and advantages of Territory Statehood;

          (4) the process towards Statehood be more inclusive of the wider community recognising the diversity of views that comprise the Northern Territory; and

          (5) there be developed a mechanism of wide and extensive consultation with the community to determine that process.
      Mrs Hickey: To move Mrs Hickey: To move - That this Assembly resolves that:
            (1) the move to the Territory becoming a state by 1 January 2001 should continue.
            (2) the move to Statehood must be in line with the following principles:
                (a) the community has the right to be provided with accurate objective information about any move to the Territory becoming a state;
                (b) the community has the right to have an opportunity to participate and contribute to the move to Statehood;
                (c) the community has the right to have the final say on the move to statehood through voicing their views at a referendum which must not be held at the same time as another election;
                (d) the government must not seek to use the move to Statehood as a political tool; and
                (e) the government and opposition must work together to provide a suitable framework for community involvement and to facilitate other aspects of the move to Statehood;
            (3) in line with these principles:
                a democratic statehood constitutional convention must be established in line with the following terms:

                (a) the convention’s task will be to frame a new proposed constitution;

                (b) delegates to the convention must be elected by the people of the Northern Territory on the basis of the principles of proportional representation;

                (c) the convention shall meet in public and its administration will be subject to normal budgetary requirements;

                (d) the convention will meet at different sessions with intervals of time to allow for considered debate and decision making;

                (e) the convention shall have the power to determine its own standing orders and sitting times;

                (f) the establishment and organisation of the democratic statehood convention will be performed by a cross party committee of the Parliament to be made up of 3 representatives of both parties represented in the Assembly but shall not include the Chief Minister or the Leader of the Opposition;

                (g) insofar as it is practical, the committee shall allow the convention to determine the convention’s conduct and proceedings;
                (h) the parliamentary committee should be established during the next sittings of the Assembly (November 1998). It shall spend no more than six months to put in place arrangements for elections to be conducted by the Northern Territory Electoral Office for delegates to the democratic convention;

                (i) the target shall be to have the elections by mid 1999 and the first session of the convention shall be held as soon as possible thereafter.

                (j) prior to the election being conducted the committee shall administer a public information campaign about the role of the convention and its powers and responsibilities;
                (k) after the conclusion of the convention, delegates chosen by the convention shall be given an ongoing role in designing and administering any subsequent public information campaigns.
            4. The proposed arrangement for:
                    Aboriginal land Rights;
                    the payment of mining royalties;
                    ownership of uranium;
                    environmental control of uranium mining;
                    management of the two national parks under Commonwealth government management;
                    industrial relations powers;
                    Senate representation; and
                    the future governance of the Indian Ocean Territories,
                will be clearly spelt out to all Territorians before they are asked to participate in another referendum on Statehood.
            5. These issues cannot be resolved properly unless there have been good faith consultation and discussions with interested people and groups. This must include consultation and discussions with Aboriginal people and groups on issues of particular interest to them.

      Mr Stone: To present the Trans–Tasman Mutual Recognition Bill 1998 (Serial 104).
      Mr Coulter: To present the Traffic Amendment Bill 1998 (Serial 100).
      Mr Coulter: To present the Motor Vehicles Amendment Bill 1998 (Serial 101).
      Mr Coulter: To present the Road Safety Council Amendment Bill 1998 (Serial 103).
      Mr Burke: To present the Notifiable Diseases Amendment Bill 1998 (Serial 99).
      Mr Palmer: To present the Stock (Artificial Breeding) Act Repeal Bill 1998 (Serial 102).
    4. GENERAL BUSINESS DAY:
      The Leader of Government Business (Mr Coulter) on behalf of the Chief Minister, nominated that the sitting day of the Assembly programmed for Wednesday 7 October 1998, be a day on which General Business shall have precedence of Government Business, pursuant to Standing Order 93.
      Question – put and passed.
    5. QUESTIONS:
      10:09 Mrs Hickey to Mr Stone.
      10:13 Mr Balch to Mr Stone.
      10:17 Mrs Hickey to Mr Stone.
      10:20 Mr Lugg to Mr Manzie.
      10:28 Mr Bailey to Mr Stone.
      10:30 Mr Elferink to Mr Reed.
      10:34 Ms Martin to Mr Stone.
      10:37 Mr Mitchell to Mr Palmer.
      10:40 Mr Ah Kit to Mr Stone.
      10:46 Mr Lugg to Mr Adamson.
      Paper tabled: The Minister for Racing and Gaming (Mr Adamson) laid on the Table the following Paper –
    The Northern Territory Gaming Machine Industry Review – Terms of Reference (Paper 609).

      10:51 Mr Toyne to Mr Stone.
    6. WANT OF CONFIDENCE IN THE CHIEF MINISTER – STATEHOOD REFERENDUM – MOTION AS AMENDED, AGREED TO:
      Suspension of Standing of Orders: The Leader of the Opposition (Mrs Hickey) moved - That so much of Standing Orders be suspended as would prevent her moving the following motion:

      That this Assembly:

      (1) records its want of confidence in the Chief Minister for the manner he has performed his responsibilities in relation to the Statehood Referendum;

      (2) records its condemnation for the way the Chief Minister disregarded Labor’s call to:
        (a) facilitate a democratic constitutional convention;

        (b) have a three part referendum question put to the electors of the Northern Territory to ask electors their view on the principle of Statehood, the draft constitution and the proposed name of the new state;

        (c) not confuse the move to Statehood with the Country Liberal Party’s political objectives by conducting a Federal Election and Statehood Referendum on the same day; and

        (d) consult with Labor to prepare an effective public information campaign rather than the over expensive, superficial and at times misleading propaganda campaign which was conducted by his administration; and

      (3) condemns the way the Chief Minister has in relation to the Referendum result sought to:
        (a) blame Aboriginal Territorians;

        (b) blame the Land Councils;

        (c) blame the media;

        (d) blame Territorians for a Democratic Statehood;

        (e) blame Labor;

        (f) blame individual Territorians;

        (g) blame individual Members of Parliament; and

        (h) peddle the explanation that Territorians voted “No” because they had fears about possible changes to things like fire cracker night and speeding restrictions; and

      (4) censure the Chief Minister for failing to:
        (a) take appropriate responsibility for the Referendum result, listen to what the people of the Northern Territory have said at the Referendum; and

        (b) understand that the move to Statehood must be about the peoplenot politicians. (Paper 610)
      The Leader of Government Business (Mr Coulter) informed the Assembly that the Government, pursuant to Standing Order 95, accepted the motion as a Want of Confidence Motion.
      Debate ensued.
      Mr Stone moved the following amendment –
      Omit all words after “That this Assembly” and insert in their stead:
          “reaffirms its commitment to Territory Statehood; and is of the opinion that:

          (a) both the CLP and the ALP recommit to the Territory becoming the seventh state of Australia;
            (b) the CLP and the ALP both acknowledge that there is an incumbent responsibility of all members of the Legislative Assembly to better explain and amplify the merits and advantages of Territory Statehood;

            (c) the process towards Statehood be more inclusive of the wider community recognising the diversity of views that comprise the Northern Territory; and
              (d) that there be developed a mechanism of wide and extensive consultation with the community to determine that process.”.(Paper 611)

            Debate ensued.
            ____________________
            Suspension of sitting: The siting was suspended between 12:11 h and 14:15 h.
            ____________________
            Debate resumed.
            Suspension of Standing Orders: The Minister for Lands, Planning and Environment (Mr Palmer) moved – That so much of Standing Orders be suspended as would prevent the Member for Sanderson (Mr Manzie) from completing his speech.
            There being an absolute majority of the whole number of Members present and no dissentient voice.
            Question – put and passed.
            Debate continued.
            Distinguished visitor: Madam Speaker acknowledged the presence of Mr Bruce Jeffries, Member for Oxley, Legislative Assembly of New South Wales.
            Debate resumed.
            Paper tabled: The Minister for Transport and Infrastructure Development (Mr Coulter) laid on the Table the following Paper –
          List of Statehood Referendum voting results for Palmerston polling booths (Paper 612).
            Debate continued.
            Papers tabled: The Member for Arnhem (Mr Ah Kit), by leave, laid on the Table the following Papers –
          Brochure, Statehood – Vote NO (Paper 614);
          Brochure, Its your Territory Vote NO (Paper 613); and
          Brochure, Say NO to Statehood to protect your rights (Paper 615).

            Debate continued.
            Papers tabled: The Deputy Chief Minister (Mr Reed) laid on the Table the following Papers –
          WHY? Statehood, Special Land Rights News Liftout, September 1998 (Paper 616);
          WHO SAYS, Special Land Rights News Liftout, September 1998 (Paper 617);
          THE BIG CON – How the Statehood process left out Aboriginal People, Special Land Rights News Liftout, September 1998 (Paper 618); and
          STATEHOOD SPECIAL – Poster Vote NO to Statehood, Special Land Rights News Liftout, September 1998 (Paper 619).

            Debate continued.
            Question - That the amendment be agreed to - put.
            The Assembly divided (the Speaker, Hon. L.M. Braham, in the Chair) -

            AYES, 18 NOES, 7

            Mr Adamson Mr Ah Kit
            Mr Balch Mr Bailey
            Mr Baldwin Mrs Hickey
            Mrs Braham Ms Martin
            Mr Burke Mr Rioli
            Mr Coulter Mr Stirling
            Mr Dunham Mr Toyne
            Mr Elferink
            Mr Hatton
            Dr Lim
            Mr Lugg
            Mr McCarthy
            Mr Manzie
            Mr Mitchell
            Mr Palmer
            Mr Poole
            Mr Reed
            Mr Stone

            And so it was resolved in the affirmative.
            Question - That the motion, as amended, be agreed to - put.
            The Assembly divided (the Speaker, Hon. L.M. Braham, in the Chair) -

            AYES, 18 NOES, 7

            Mr Adamson Mr Ah Kit
            Mr Balch Mr Bailey
            Mr Baldwin Mrs Hickey
            Mrs Braham Ms Martin
            Mr Burke Mr Rioli
            Mr Coulter Mr Stirling
            Mr Dunham Mr Toyne
            Mr Elferink
            Mr Hatton
            Dr Lim
            Mr Lugg
            Mr McCarthy
            Mr Manzie
            Mr Mitchell
            Mr Palmer
            Mr Poole
            Mr Reed
            Mr Stone

            And so it was resolved in the affirmative.
            Motion, as amended, agreed to.
          7. COALITION GOVERNMENT’S TAX REFORM – MOTION AGREED TO:
            The Chief Minister (Mr Stone), by leave, moved - That –
            1. This Assembly congratulates the Prime Minister on his victory in last Saturday’s Federal Election and conveys a message of congratulations and good wishes from this Assembly forthwith; and

            2. The Assembly urges the Prime Minister, in the interests of this nation’s economic well being:
          to implement the coalition government’s urgently-needed tax reform package as a matter of priority;
          continue his support for the Australasia Railway; and
          facilitate with urgency the construction of the Jabiluka Mine site. (Paper 620)

            Debate ensued.
            The Leader of the Opposition (Mrs Hickey) moved the following amendment –
            Omit all words after “This” and insert in their stead:

              “Assembly congratulates the Leader of the Opposition the Honourable Kim Beazley MP and the Labor Party for obtaining the votes of a majority of Australians at Saturday’s Federal Election and conveys a message of congratulations and good wishes from this Assembly forthwith; and

              That the Assembly urges the Prime Minister to revisit his plan to impose his unfair goods and services tax on Australians which will hurt Territorians more than any other Australians and reverse his plan to sell–off Telstra which will have devastating effects on Territorians.”. (Paper 621)

            Debate ensued.
            Question – That the amendment be agreed to – put and negatived.
            Question – That the motion be agreed to – put and passed.
          8. DISCHARGE OF GOVERNMENT BUSINESS:
            The Leader of Government Business (Mr Coulter) moved – That Government Business, Order of the Day –
            No. 15 relating to debate Statement – Power and Water Authority - Wanguri/Tiwi Power Disruptions; and
            No. 16 relating to the second reading debate on the Education Amendment Bill 1998 (Serial 54),
                be discharged from the Notice Paper.
                Question – put and passed.
              9. RACING AND BETTING AMENDMENT BILL 1998 (SERIAL 90):
                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 Minister for Racing and Gaming (Mr Adamson) the Bill was read a third time and passed to be a proposed law.

              10. NORTHERN TERRITORY TOURIST COMMISSION AMENDMENT BILL 1998 (Serial 97):
                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 Minister for Tourism (Mr Stone) the Bill was read a third time and passed to be a proposed law.
              11. CULLEN BAY MARINA AMENDMENT BILL 1998 (Serial 98):
                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 Stone) the Bill was read a third time and passed to be a proposed law.
              12. ADJOURNMENT:
                The Chief Minister (Mr Stone) moved - That the Assembly do now adjourn.
                Debate ensued.
                The Member for Drysdale (Mr Dunham) pursuant to Standing Order 256, requested the Member for Fannie Bay (Ms Martin) to Table a document quoted from during her speech.
                Paper tabled: The Member for Fannie Bay (Ms Martin) accordingly laid on the Table the following Paper –
              Letter, Mr Barry Levarde to Editor, N.T. News, dated 5 October 1998 (Paper 622).

                Debate continued.
                Paper tabled: The Member for Drysdale (Mr Dunham), by leave, laid on the Table the following Paper –
              Book, Too Late to Say Goodbye by ST Daly (Paper 623).

                Question – put and passed.
                And the Assembly adjourned at 21:14 h until 10:00 h on Wednesday 7 October 1998.
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                ATTENDANCE
                All members attended the sitting.
              Last updated: 04 Aug 2016