Department of the Legislative Assembly, Northern Territory Government

Minutes of Proceedings - 1995-05-25

Seventh Assembly First Session 23/05/1995 Parliamentary Record No. 11
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Date : 25/05/1995
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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. MATTER OF PRIVILEGE - ALLEGED MISLEADING OF THE ASSEMBLY BY
MINISTER FOR EDUCATION AND TRAINING - REQUEST FOR REFERRAL
TO COMMITTEE OF PRIVILEGES:
The Member for Wanguri (Mr Bailey), pursuant to Standing Order 83, raised as a
matter of privilege the alleged misleading of the Assembly by the Minister for
Education and Training (Mr Finch) concerning the purchase of wheelchairs from
Modular Medical Products. Mr Bailey requested the Speaker refer the matter to the
Committee of Privileges for report. The Speaker advised that he would report on the next sitting day.
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Paper tabled: The Minister for Correctional Services (Mr Poole) laid on the Table the following Paper -

. Letter, Dr E. Borst-Eilers, The Minister of Health, Welfare and Sport, The Netherlands, dated 24 May 1995 (Paper 1825).
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4. QUESTIONS:
A question was asked of a Minister.
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Visitors: The Speaker (Mr McCarthy) drew the attention of Honourable Members to the
presence in the gallery of students from Year 7 at Millner Primary School and their
teacher Ms Caroline Booth; students from Years 5, 6 and 7 at Palmerston Christian
School and their head teacher Mr Terry Mills; and Mr Phil Purich, a former Member of
the Legislative Council.
On behalf of Honourable Members, the Speaker extended a warm welcome to the visitors.
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Further questions were asked of Ministers.
Paper tabled: The Treasurer (Mr Coulter) laid on the Table the following Paper -

. Australian Electoral Commission, Annual Return by the Agent of Registered
Political Party, Australian Labor Party, dated 16 November 1994 (Paper 1826).

Further questions were asked of Ministers.

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Supplementary answer: The Minister for Lands, Housing and Local Government
(Mr Hatton) gave a supplementary answer to a question asked by interjection by the
Member for Macdonnell (Mr Bell) on Wednesday 17 May 1995.

5. LEAVE OF ABSENCE:
The Member for Wanguri (Mr Bailey) moved - That leave of absence be granted to the
Member for Arnhem (Mr Lanhupuy) this day.
Question - put and passed.

6. "A NORTHERN TERRITORY BILL OF RIGHTS?" SESSIONAL COMMITTEE
ON CONSTITUTIONAL DEVELOPMENT - PAPER TABLED - PAPER PRINTED -
MOTION TO NOTE PAPER:
The Chairman of the Sessional Committee on Constitutional Development (Mr Hatton)
laid on the Table Discussion Paper No. 8 entitled "A Northern Territory Bill of Rights?"
(Paper 1820).
Mr Hatton moved - That the Paper be printed.
Question - put and passed.
Mr Hatton moved - That the Assembly take note of the Paper -
Debate ensued.
On the motion of the Member for Victoria River (Mr Baldwin) debate was adjourned.

7. ETHNIC AFFAIRS IN THE NORTHERN TERRITORY - MINISTERIAL
STATEMENT - STATEMENT NOTED:
The Minister for Ethnic Affairs (Mr Stone) made a Statement relating to Ethnic Affairs in the
Northern Territory and the role of the Office of Ethnic Affairs (Paper 1822).
Mr Stone moved - That the Assembly take note of the Statement.
Debate ensued.
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Suspension of sitting: The sitting was suspended between 11.46 a.m. and 2.30 p.m.
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Debate resumed.
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Visitors: The Speaker (Mr McCarthy) drew the attention of Honourable Members to the
presence in the gallery of students from Yuendumu Community Education Centre and
the Assistant Principal, Mr Ed Williams.
On behalf of Honourable Members, the Speaker extended a warm welcome to the visitors.
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Debate continued.
Question - put and passed.

8. STAMP DUTY AMENDMENT BILL 1995 (Serial 78):
Suspension of Standing Orders - Pass all Stages: The Treasurer (Mr Coulter) moved -
That so much of Standing Orders be suspended as would prevent the Stamp Duty
Amendment Bill 1995 (Serial 78) passing through all stages at this sitting.
Question - put and passed - there being an absolute majority of the whole number of
Members present and no dissentient voice.
Mr Coulter, pursuant to notice, presented a Bill for an Act to amend the Stamp Duty Act.

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Bill read a first time.
Mr Coulter moved - That the Bill be now read a second time.
On the motion of the Leader of the Opposition (Mr Ede) debate was adjourned.

9. ENERGY RESOURCE CONSUMPTION LEVY AMENDMENT BILL 1995 (Serial 77):
Suspension of Standing Orders - Pass all Stages: The Treasurer (Mr Coulter) moved -
That so much of Standing Orders be suspended as would prevent the Energy
Resource Consumption Levy Amendment Bill 1995 (Serial 77) passing through all stages at this sitting.
Question - put and passed - there being an absolute majority of the whole number of
Members present and no dissentient voice.
Mr Coulter, pursuant to notice, presented a Bill for an Act to amend the Energy Resource Consumption Levy Act.
Bill read a first time.
Mr Coulter moved - That the Bill be now read a second time.
On the motion of the Leader of the Opposition (Mr Ede) debate was adjourned.

10. BUSINESS FRANCHISE AMENDMENT BILL 1995 (Serial 79):
Suspension of Standing Orders - Pass all Stages: The Treasurer (Mr Coulter) moved -
That so much of Standing Orders be suspended as would prevent the Business
Franchise Amendment Bill 1995 (Serial 79) passing through all stages at this sitting.
Question - put and passed - there being an absolute majority of the whole number of
Members present and no dissentient voice.
Mr Coulter, pursuant to notice, presented a Bill for an Act to amend the Business Franchise Act.
Bill read a first time.
Mr Coulter moved - That the Bill be now read a second time.
On the motion of the Leader of the Opposition (Mr Ede) debate was adjourned.

11. CONTROL OF ROADS AMENDMENT BILL 1995 (Serial 87):
The Minister for Transport and Works (Mr Manzie), pursuant to notice, presented a Bill for
an Act to amend the Control of Roads Act.
Bill read a first time.
Mr Manzie moved - That the Bill be now read a second time.
On the motion of the Leader of the Opposition (Mr Ede) debate was adjourned.

12. NORTHERN TERRITORY ELECTORAL BILL 1995 (Serial 83); and
LOCAL GOVERNMENT AMENDMENT BILL 1995 (Serial 84):
Suspension of Standing Orders - Take two Bills together:
The Chief Minister (Mr Perron) moved - That so much of Standing Orders be
suspended as would prevent two Bills, namely the Northern Territory Electoral Bill 1995
(Serial 83) and the Local Government Amendment Bill 1995 (Serial 84) -

(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.

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Mr Perron, pursuant to notice, presented a Bill for an Act to regulate elections of
members of the Legislative Assembly, and for related purposes; and a Bill for an Act
to amend the Local Government Act.
Bills read a first time.
Mr Perron moved - That the Bills be now read a second time.
On the motion of the Leader of the Opposition (Mr Ede) debate was adjourned.

13. CONSUMER CREDIT (NORTHERN TERRITORY) BILL 1995 (Serial 89):
The Attorney-General (Mr Finch), pursuant to notice, presented a Bill for an Act to
regulate the provision of consumer credit.
Bill read a first time.
Mr Finch moved - That the Bill be now read a second time.
On the motion of the Leader of the Opposition (Mr Ede) debate was adjourned.

14. TERRITORY PARKS AND WILDLIFE CONSERVATION AMENDMENT BILL -
DRAFT BILL - PAPER TABLED - MOTION TO NOTE PAPER:
The Minister for Conservation (Mr Coulter), by leave, laid on the Table a draft Bill
entitled Territory Parks and Wildlife Conservation Amendment Bill (Paper 1821).
Mr Coulter made a statement relating thereto.
Mr Coulter moved - That the Assembly take note of the Paper.
On the motion of the Leader of the Opposition (Mr Ede) debate was adjourned.

15. OMBUDSMAN (NORTHERN TERRITORY) AMENDMENT BILL 1995 (Serial 75):
The order of the day having been read for the further consideration of the Bill in the
Committee of Whole -
Further consideration of Clause 3 together with the amendment moved by the Leader
of the Opposition (Mr Ede) to proposed paragraph (eb)(vi) -
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In the Committee
(Deputy Chairman - Mr Baldwin)

Clause 3 -
The Leader of the Opposition (Mr Ede), by leave, withdrew his proposed amendment to
paragraph (eb)(vi), proposing to add the following words, at the end "in relation to a
specific judicial proceeding".
On the motion of the Leader of the Opposition (Mr Ede) the following amendment was agreed to -

Omit from proposed paragraph (eb), subparagraph (vi).

On the motion of the Chief Minister (Mr Perron) the following amendment was agreed to -

Insert in proposed paragraph (eb), after "Director of
Public Prosecutions", the words "under the Public
Prosecutions Act".

On the motion of Mr Perron the following further amendment was agreed to -

Omit from proposed paragraph (ec) "(whether or not
such an appeal was or is likely to be lodged)".

Clause 3, as amended, agreed to.

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On the motion of Mr Perron the following new clause was added to the Bill, after debate -

Add at the end the following:

"4. REGULATIONS

Section 32(b) of the Ombudsman (Northern
Territory) Act is amended by inserting after
`authority' the words `, or an action or class of
action of a department or authority,'.".

Title agreed to.
Bill to be reported with amendments.
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The Deputy Speaker (Mr Setter) resumed the Chair; the Deputy Chairman (Mr Baldwin)
reported accordingly; and the report was adopted.
On the motion of Mr Perron the Bill was read a third time and passed to be a proposed law.

16. ORDER OF BUSINESS:
The Treasurer (Mr Coulter) moved - That intervening business be postponed until
after consideration of Government Business relating to the Stamp Duty Amendment
Bill 1995 (Serial 78); the Energy Resource Consumption Levy Amendment Bill 1995
(Serial 77); and the Business Franchise Amendment Bill 1995 (Serial 79).
Question - put and passed.

17. STAMP DUTY AMENDMENT BILL 1995 (Serial 78); ENERGY RESOURCE
CONSUMPTION LEVY AMENDMENT BILL 1995 (Serial 77); and
BUSINESS FRANCHISE AMENDMENT BILL 1995 (Serial 79):
Suspension of Standing Orders - Take three Bills together:
The Treasurer (Mr Coulter) moved - That so much of Standing Orders be suspended as
would prevent three Bills, namely the Stamp Duty Amendment Bill 1995 (Serial 78); the
Energy Resource Consumption Levy Amendment Bill 1995 (Serial 77); and the Business
Franchise Amendment Bill 1995 (Serial 79) -

(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.
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 ensued.
Question - put and passed.
Bills read a second time.
Leave granted for a motion for the third readings of the Bills to be moved forthwith.
On the motion of the Treasurer (Mr Coulter) the Bills were read a third time and passed to be proposed laws.

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18. SPECIAL ADJOURNMENT:
The Treasurer (Mr Coulter) moved - That the Assembly at its rising adjourn until Tuesday
20 June 1995 at 10.00 a.m. or such other time and/or date as may be set by Mr Speaker,
pursuant to Sessional Order.
Question - put and passed.

19. ADJOURNMENT:
The Attorney-General (Mr Finch) moved - That the Assembly do now adjourn.
Debate ensued.
Question - put and passed.
And the Assembly adjourned at 6.07 p.m. until Tuesday 20 June 1995 at 10.00 a.m. or
such other time and/or date as may be set by the Speaker, pursuant to Sessional Order.
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PAPERS:
The following Papers were deemed to have been presented on Thursday 25 May 1995:

Annual Report:

Northern Territory University, 1994 (Paper 1824)

Remuneration Tribunal:

Report and Recommendation No. 1 of 1995, Magistrates of the Northern Territory (Paper 1823)

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All Members attended the sitting, except Mr Lanhupuy (on leave).

Ian McNeill
Clerk of the Legislative Assembly

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Last updated: 04 Aug 2016